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MAY 16, 2017 MINUTES ciA In i,, to si vino VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 16, 2017 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefing on the SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT in the City Council Conference Room, Tuesday, May 16, 2017, at 3:30 P.M. Council Members Present: 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 Absent: Al. Benjamin Davenport Presenting at Chesapeake City Council Rosemary Wilson Attending VML Meeting 2 ADD ON NAS OCEANA JET FUEL SPILL UPDATE ITEM#67054 Mayor Sessoms welcomed Erin Sutton, Director — Emergency Management. Ms. Sutton provided the attached maps to serve as a `point of reference"for the leak. The jet fuel leaked through a few of the canals and into the ditch along London Bridge Road. The area has been split into three (3) divisions. The City established a "command post"from Thursday through Sunday. The Navy began a flushing operation" on Sunday to push all the spillage to underflaw dams and a very large booming operation. The Navy, along with the U.S. Coast Guard, the City, the Virginia Department of Emergency Management, the Virginia Department of Environmental Quality and other federal, state and local responders worked around the clock to contain the spill. Crews placed water booms on Wolfsnare Creek on the tributary located between Elon Drive and North Adventure Nail, along with protective berms on NAS Oceana. Also, two vacuum trucks and two skimmers are working around the clock continuing the cleanup effort. The Navy hosted a Public Meeting yesterday at London Bridge Baptist Church to answer any questions and address concerns of residents. May 16, 2017 Wolfsnare Creek I -. _-- w�eyuwt� iced uaneyuuAl AeM ed uaneyuuAi Lynnhdecn .!... 1.:171p. R C Din :•00;;;;00----.....mmir- a , .1,-' 4a V 8. "1, I 0 _---- ---- -tenet' CO ii ri i - . V y 0 ;M L1 fl .P % GI 0 So to mi • • s� I Im a�r:z 4A ., C EU �1'j� �z� I' N T.o...eu�au�t JD AII. a 1;gut ,.. '!,, 1 f c.,,,n° 7 feu_ c N.., ° 1 Id T peob 0....6p1)9 ..m o t fb 1 to�do ,v lddy R�•d 7 erhh I 9e R 1 °.)a onac v z, n 1 1 G _ X' 06 n 0 y•u(l ppui"6 Wolfsnare Creek Incident . . , , ........ ! , ; , ,.. .. r. . i , -_ . Litasai;taiL- .... frwo...oh ,.v vs i •ing ot...0 < • : 1: ' 1641l1 .... ' Lill . • **I W'' . ,• 'a# i IR i ti. Sit 1 , "1 ig§. .....4• _ ab .lik Snit +I` 1 -..• Z -.. kieill ' C.411" a r:i S r Z I. ? 9C� IL -r w a ,,, rot=.• ir 1.; 4 , .442 - i #al ••C • tlt- - S S 4 - Com.' 9 • r _G. cb 441) if i1,w C .4 n) 1411 .. 1 ter" ',�+ '!{ f 1 t;t, s L ---..r Wolfsnare Creek Incident 1. , . .. :. % . ,.. t . , „.'„ 9% 4 7 J • • a • k , _ .... ,..4i 3.. _ 1 *Oa° . . ' Nv k rtge,ri' 1 °' •4.*. ' 4,..".4"jmi e 4 • ' is ii •IP • s••• It 11111011111• y �• -' 44.14*' I - r. *41/1111"1"41111""Fay.ur • \* , g ` 7 t ._._ 1 Wolfsnare Creek Incident . , ., _r . ., .. 7:'i e, 2.s y • 1:0-_FA- 41/4. ug. ,i- ., p,iI , . : Of . 'V lir *tilt - r .... . .-,11, , _ • . . • .1.1:: •. ., fir.. .. tot . ... M • '23d fir:" . R oCRi ; s Ali !� w 0_. z • . ,fix .. Illr 61141111. ' at 7111117 ilt .414 ta,.- - A - . -.... 4JP ar 1. S P 4 3 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 3:39 P.M. Mayor Sessoms welcomed Erin Sutton, Director — Emergency Management. Ms. Sutton expressed her appreciation to City Council for their continued support: SEVERE REPETITIVE LOSS (SRL)AND FLOOD MITIGATION ASSISTANCE (FMA) GRANT UPDATE MAY 2017 This is an overview of today's Agenda: AGENDA • Review of the project since the last update • Grant I • Grant 2 • Grant 3 • Grant 4 • Present options moving forward • Review of Mitigation/Reconstruction Program • Future of Flood Mitigation Grant Program May 16, 2017 4 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 (Continued) Below is an overview of the Grant Program. Since 2011, the City elevated seven (7)homes under this program; and, unfortunately, the City continues to experience issues: SRL-FMA GRANT PROGRAM ■ Since 2011,we have elevated 7 homes and continue to experience issues. • To date,we have submitted 4 grant applications(only 3 awarded currently)for a total of 29 homes at$6.550.801 • Significant challenge for this project—After conducting multiple bid processes for the first grant and the second grant there has been little success. Bids continue to come in considerably higher than the grant budget causing either excessive homeowner contributions or bid-bust situations. This map depicts the homes that are participating the in the Program: ...it,,...,::‘„, ��`, — t t 1' , •Flood IWIyrsAmbbnce Oa 4 memo ISM Cb*ael•e•e I el May 16, 2017 5 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 (Continued) Below is the timeline for Grant 1: TIMELINE GRANT I MILESTONE DATE Application Submitted November 2010 Notification Grant was Approved November 2011 Hurricane Sandy September 2012 Construction on First Home August 2014 Completion of Final Home July 2015 Closeout of Grant December 2015 Risk Management Settlement with I Homeowner March 2017 Remaining Homeowners Items Ongoing Below are the properties included with Grant I. Most of the homes are located in the Lynnhaven Colony neighborhood: 7111111" ■ . t osimai J.p .r. v - - 298,tymewen on.e } 2917 Lynneseen Droe fr .: .. k;. ',.,‘,^ ;. '� 472 Goodspeed , 484 Goodspeed Road LA May 16, 2017 6 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 (Continued) Below is the timeline for Grant 2: TIMELINE GRANT 2 MILESTONE DATE Application Submitted for 8 Properties September 2013 Notification Grant was Approved September 2014 Homeowners Meeting March 2015 Homeowner Meeting—helical piles,increased cost October 2015 Review Budget Options with FEMA November 2015 Receive and Review Completed Designs June 2016 Bid Opening#I for Bay Island Homes(5) August 2016 Value Engineering Meeting to Reduce bids October 2017 Bid Opening#2 for 3 of Bay Island Homes(3) January 2017 Bid Rejection of 2^d bid March 2017 In writing the application, the City must estimate the cost of elevation and is not allowed to adjust the estimate once the Bid Results are received: BID RESULTS- GRANT 2 Property Address Original Bid Reduced Bid REBID OTHER BID NEW BCA 2752 BROAD BAY RD 5339,804.03 5293,164.00 $303,500.00 395080.00 20 2221 CANAL RD 5333,111.00 5286,51100 500.00 0.50 2209(ANAL RD $440,087.00 5381,987.08 048 272 CANAL RD 5383.521.00 5333,02L00 0.65 27 CANAL RD 5366,72600 5309,52603 24 51,863,251,00 51,604,211.00 5933,50000 May 16, 2017 7 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 (Continued) GRANT 2: BROAD BAY POINT 2721 nal Road , 57 Broad Bay Ro.. ✓?: i-i -i1_ it 1 - -- 2708 Canal Road 2709Sana r:dam`" GRANT 2: LYNNHAVEN COLONY y. . T 2929 Lynnhaven Drive _JO t_411111 ! '^t 2912 Lynnhaven Drive 2977 Lynnhaven Drive May 16, 2017 8 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 (Continued) Below is the timeline for Grant 3: TIMELINE GRANT 3 MILESTONE DATE Notification of FMA Grant Opening May 2015 Application Submitted for 5 properties August 2015 Notification Grant was Approved January 2016 Award Letter Received from FEMA June 2016 Council Approval July 2016 Soil Report submitted,Helical piles required April 2017 GRANT 3: LYNNHAVEN COLONY r~ 2100 Dawn Avenue 2985 Lynnhaven Drive ...4414 2916 Breezy Road May 16, 2017 9 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 (Continued) GRANT 3: OTHER HOUSES k f 14 716 Northgate Court 21 15 Wake Forest Street Below is the timeline for Grant 4: STATUS OF GRANT 4 r5 MILESTONE DATE Application Submitted for 9 Properties May 2016 Notification Grant was Approved TBD May 16, 2017 10 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 (Continued) GRANT 4 • 9 Homes-average 2527sq.ft. • Total Budget$2,914,971,>$300.000 per home • Used Benefit Cost Calculations—overall a benefit of 3.31 • 3003 Lynnhaven Drive 493 Goodspeed Road • 3141 Lynnhaven Drive 1265 Tanager Trail • 2940 Breezy Road 2005 Alphine Road • 2920 Breezy Road 512 58th Street • 316 29th Street 1 • Y1 " ,y111�'►r 316 29 Su eec 493 Goodspeed Road •. ;',9 512 58 Sti cet 1265 Tanager Trail May 16, 2017 11 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 (Continued) r �i,' - , 2005 Alphine Road 2920 Breezy Road ` -- -- .4y 2940 Breezy Road 3141 Lynnhaven Drive All projects are "on hold" as the last 'round of bidding was not successful and provided the options below to consider moving forward: CURRENT STATUS AND OPTIONS MOVING FORWARD All projects are on hold I. Continue program with current funding 2. Mitigation Reconstruction(Demo/Rebuild) 3. Utilize the Acquisition federal grant program 4 Development of local program similar to Oceana Buy-out program A6i111 ding Mil i; May 16, 2017 12 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 (Continued) These are the three(3) Options to consider in moving forward with Grant 2: a GRANT 2 OPTIONS I Close out the project and request reimbursement for what we have expended. 2 Elevate 3 homes on Canal("drop"Lynnhaven&2 other Canal) • cover 3 homes with highest BCA at 100% • require those owners to pay the helical piles cost(approx.$60k each) • require owners to pay 10% (or some other predetermined amount) 3. Elevate only the 2 homes that qualify on their own BCA • 2757 Broad Bay and 2708 Canal(same options as above) STAFF RECOMMENDATION — Close out the project and request reimbursement for what we have expended. These are the two (2) Options to consider in moving forward with Grant 3: GRANT 3 OPTIONS • Close out the project and request reimbursement for what we have expended. • Only elevate the home that may not require helical piles—Northgate STAFF RECOMMENDATION — Close out the project and request reimbursement for what we have expended. May 16, 2017 13 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 (Continued) The Staff Recommendation is to reject the award associated with Grant 4: GRANT 4 OPTION • The grant timeframe is now reduced by an entire year because no decision has been made on the award.Timeline started at submission of grant application. STAFF RECOMMENDATION —Reject grant award if received. These are the "advantages"and "disadvantages" of this Program and, as such, Staff's recommendation is to end the Program as it is no longer viable: MITIGATION-RECONSTRUCTION Advantages Disadvantages • New construction-up to code • Funding capped at$150k (demo. plans,management,construction, • No retro-fit/foundation challenges storage,etc) • Must stay within 10%of original SF (not just footprint) • Unknown challenges with mortgage companies/lien holders • Unknown federal approval success • Same contracting mechanism STAFF RECOMMENDATION — Due to same contracting issues,not a viable program May 16, 2017 14 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 (Continued) FUTURE OF FLOOD MITIGATION PROGRAM • Use Flood Mitigation Grant for acquisitions in areas that homeowners would like to sell and where open-space or drainage projects are the best solutions. • Use FMA for public projects; • Flood Storage • Culvert expansion • Green Infrastructure t._•yl • DEVELOP LOCAL PROGRAM • Establish a local program to purchase homes,demolish and resell to buyers that adhere to strict floodplain management standards. • Establish a local program to offer grana to offset cost of mitigation strategies,i.e. flood vents. ,,44111 01, May 16, 2017 15 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT ITEM#67055 (Continued) SUMMARY • Elevation program has not been successful in Virginia Beach • 7 homes in 6 years • Recommend closing out all grants and request reimbursement for what has been expended to date. • Recommend turning down grant 4 that has yet to be awarded. • Recommend we explore the use of FMA program funds for public projects. • Recommend we develop a project proposal for a local buy-out program for consideration. arlIENNISZ QUESTIONS? Mayor Sessoms expressed his appreciation to Ms. Sutton and everyone that worked on this Project. May 16, 2017 16 CITY MANAGER'S BRIEFINGS COLLEGE BEACH WEEKEND AFTER ACTION REPORT ITEM#67056 4:03 P.M. Mayor Sessoms welcomed James Cervera, Chief— Police. Chief Cervera expressed his appreciation to City Council for their continued support: 2017 College Beach Weekend After Action Report -8.4421 ro` May 16,2017 i 4`��;fry' \ l This was the 6th year for College Beach Weekend. Below are a few of the posts on social media. It is important to note, events associated with the weekend are not only located at the Oceanfront: College Beach Weekend — on Social Media April 28—30,2017 !1111113 It-A4uirl,1P1 1811 � , moi' .:.,.. , Ii3' l S,HAKAS. c t ,` e t• mug' '"' { p �* =29 . 141r0 NMKA1$f _ t' ,i 15, r... mr '-' 8-ten o.., May 16, 2017 17 CITY MANAGER'S BRIEFINGS COLLEGE BEACH WEEKEND AFTER ACTION REPORT ITEM#67056 (Continued) Planning for the following year begins at the conclusion of Beach Weekend: se.•TAND au.MOM s y Oma UM Ira "" Below are the Outreach Efforts and evidence the weekend is no longer a "Police activity"and is actually a "City-wide activity". The City's Police Department is one of the few in the country that utilize the Department of Justice for Student Ambassadors: Outreach Efforts • Enhanced City of Virginia Beach Coordination • Community Outreach to include all local Colleges and Universities — VBPD Recruiting Teams 6 • Community organizations — Civic Leagues • Student ambassador volunteers • On-air Radio Interviews 'F — Local university radio stations • Dept.of Justice(DOJ) — Student Ambassadors lit*" • Attended Special Events Summit — Shared lessons learned — Virginia Beach leading in community outreach • PSA in conjunction with CVB in support of College Beach Weekend and Summer Ops • Recruitment—Student Outreach Center May 16, 2017 18 CITY MANAGER'S BRIEFINGS COLLEGE BEACH WEEKEND AFTER-ACTION REPORT ITEM#67056 (Continued) The City utilizes `public access"social media to monitor events as well as work with other stakeholders. The City also looks at the Greenbrier Corridor for hotel reservations: Social Media Scrubbing • Weekly Hotel/Motel Booking Data • Social Media Monitoring ID el 0 3 • Security plan — Merchants — Hotel/Motel • Greenbrier Corridor Training is offered for merchants as well as Police Officers: Training • Command and Control Training ' I — High Visibility I I — Supervisor to Officer Ratio The Virginia Bawl(Pollen new(talent is 110+14;an !. • Cooperative Training 8` — State Police-Interstate The fIla.,ngagent nssillbe 11 • DOJ Liaison/Training ,unicipating itt peni0nsortlte pmxntatinn(The.H�alrh. — Student Ambassadors ABC.&mig).M In4,euai • a,t�ec ray,a�ttota rc�nentatise cart attend. Yon(' 4 a) • ERTF/ABC Training — Merchants 1A; At May 16, 2017 19 CITY MANAGER'S BRIEFINGS COLLEGE BEACH WEEKEND AFTER ACTION REPORT ITEM#67056 (Continued) These are "Screenshots"from internes videos showing a large pool party at 10`h Street and large crowds on the sidewalk at 1800 Atlantic Avenue: a ,�14. . Screenshots from Internet Videos *1. • A ' 10 Street Hotel Pool r•.w , 1800 Atlantic Ave ° .1 �. e Sidewalk 1. This is the crowd on the Boardwalk at 7:00 P.M: n . ,..r: -'1C`C� , n RJI 711 'N- c e. •`' •�?t !fit i l '�-�� ' , �'� �, - �! � '+. • 4 % . 1 .� • 1 Y ..._/71% lit ' — /it May 16, 2017 20 CITY MANAGER'S BRIEFINGS COLLEGE BEACH WEEKEND AFTER-ACTION REPORT ITEM#67056 (Continued) 1800 Atlantic Avenue e I • ,� .o �if : - r • These are a few of the "Highlights" of Friday's events. It is important to remember that Friday night is the "inbound"night: Friday April 28 Highlights • 5pm Leadership meeting • 6pm Officer Briefing (About 230 Officers) • Large but manageable crowds • Many observations of open carry of handguns • 1030pm Traffic Diverted off Atlantic Ave (17th through 25th Streets) • Three officers assaulted • 2 handguns recovered May 16, 2017 21 CITY MANAGER'S BRIEFINGS COLLEGE BEACH WEEKEND AFTER ACTION REPORT ITEM#67056 (Continued) These are a few of the "Highlights" of Saturday's events. The traffic was diverted off Atlantic Avenue when the Oceanfront reached "saturation": Saturday April 29 Highlights • 330pm noticeable crowd density • 5pm Leadership meeting • 6pm Officer Briefing (About 250 Officers) • Significantly larger and more dynamic crowds • One officer assaulted • 10pm Traffic Diverted off Atlantic Ave • 264 E/B Traffic Diverted at Parks Ave • 1030pm Shooting 200 block 18th Street 4 victims (non life threatening injuries) Saturday April 29 Continued • 1130pm Firearm Discharge/multiple rounds 200 block 20th Street no injuries reported • Additional staffing brought to oceanfront, 3 Sergeants and 18 Officers from other precincts • Stabbing victim self-reported to SVBGH 300 block 24th Street near 7-11 • Department wide evening shift officers held over until 230am • 6 handguns recovered • Other related activities May 16, 2017 22 • CITY MANAGER'S BRIEFINGS COLLEGE BEACH WEEKEND AFTER-ACTION REPORT • ITEM#67056 (Continued) • • This provides a "snapshot"of Enforcement by Age/Race: Enforcement by Age/Race • • au CMAROE3lWWa0M1EE Black WMM* Aslan Indian MMpank Unknown Total Parant Under 18 2 2 0 76 Bet..een 18 and 21 81 16 1 98 37 69 Between 22 and 25 92 11 103 39 61 Bet..een 26 and 30 8 9 17 6.53 8e1..een 31 and 35 6 7 1 14 5.38 8e2..reen 36 and 40 5 2 7 2 69 Between 41 and 45 2 2 0 76 46 and over 3 14 17 6 53 Total na 197 61 2 260 100 00 Violation of the liquor laws represents the highest number of arrests: C4.@ ON. go. 440. bO 14.040. 40 TOO Poem 042.4 0.03 24 b V.to wakr. 5714WT $ S b 1143 41 OTHER 0.114044 Mtnyaw. 34 4 SO 1143 4LL OnE2.0.4 .W.04,41CMt rl 1 r b q4 04.4.011104,1IE99 12 13 r ri 04r 0012410444.4 C0.2.0.04241140 TK Kra 21 1 44 421 OM2DDPO3110.0114aMwM4 11 4 311 *UN'a%40112/14 114•40.fit 4 I l0l 00E2335444.211.040*40010401711.0 S I 102 wMcooka K14011et 7404 4 1 1 2. Types . 4 214 '. Oq.ERe tct0Ot 4 2 4 210 ofa-.2ra}X411 Ist1E3.t 3 1 4 220 9#2441.4 MIEM1 4 I 3 1Y ' Arrests 210.549 010.1.0 • 4 143 l701E0Ptg.,ion KC47.4T023419 2 2 031 PAIL SO 4MM 2 2 On 666.10222.0316.2266.626.1246-5 2 2 On COMMMV10!<OUII I I 2 011 MOO. 1 1 049 1404V.410.42.62 r 1 011 14.40Dn•e1FT Mtn 4)70.11i, 1 I 0II 4.10.942 TOO 0.0116 1 r 4100N0 PM..NCMKf2 r 121,26140444$fl<at112 9.S1203 1 4002404710335447 0413311140110741 141, 64 • • • • May 16, 2017 23 CITY MANAGER'S BRIEFINGS COLLEGE BEACH WEEKEND AFTER ACTION REPORT ITEM#67056 (Continued) The City provides the "2 Year Arrest Data"showing the age, residence and race data. This validates the City does not "target"individuals based on their age, residence or race: 2 Year Arrest Data 2016 2017 ,4,.1016016711.61061w _newt Cr%w re To.1Mew 77* C1rwl CNIw 2 el 16 1* 91 I 11wC% .. M I 67% I 11 77% r C64616 Of 361% 117 1111r 1w61.......C6.9. 104 644% 161 140% 1,110 116.•6•666 IQ 166% N1 671% 7111116 64•60••••• ) M 2•t% 640 232 %t 616 ,4644460 66 116161•064_. 11.116 63.•9•6 rt.3616161321 6M1b Mg. -- 614. 614.114<6 M Al% M 32116 INV.Y6M O al% n MI% 32 2376 116•6.10 R•6w 367% 321% Va r.le.wen Row. ; MJr 110'.16.Mew 321% 321% dnr 611% . !.t 16 Oem N !1% H 322 Z. fa i XI DA 4wry.rM.... 60010 C611•6 600176••077.00 11•6016 CW1•6 1664* M 112% MIR • 324% 117 tlJ14 Y. 1 70.1 11 1:k 11% e1% 1.% .l% 1111.100 I 11% 0% tww. . . • .l% • ee% 1462•06% ! IR 17% 1• ftl . 214 This provides a "snapshot" of the past six (6)years; however, the weather from the last few years was not conducive to encourage large crowds: Oceanfront 6 Year Summary 2012-2017 Type of CMr9. 12/13% 13114% 1415% 16161 1617% ' (I of Charm) 2011 2013 Change 2014 Chang. 2015 Cheng. 2016 C1Mng 2017 Change 03,,, 7 7 00% 10 429`. 11 100% 4 436'.. IS 2750% 10101.04105 75 112 493% 217 937•. 10 431•. 717 463% 151 291% ' 1..2•% • 47 108 1297% 206 926% 77 412% III 651'. 94 41 6% 101.1 129 227 76.0%' 435 976% 176 497% 242 6141' 260 -78% 60610.007 72113% 131141 14/15% 16161 16'17% BWa91.1 2012 2013 Chang. 2014 Chang. 2015 C116ng. 2016 Chong* 2017 Change 0..7.74.0* 291% 21.3% -65 224% 1I 167% -57 2041 37 226% 21 0.n191en Roads 346% 206% -51 236% 40 233% -02 2371 04 20.7% 30 00.ha 0111 16.3% 16.9%. II 3941 226 3794 -I 5 316% JA 23.0% -176 ' 0161 20.11 322% 121 146% .177 2111 73 2121 -08 27.7% 65 12/13% 13114% 14/13% 1616% 1617% Race 17.071e1 2012 2013 Chang 2014 Change 2015 C6.119. 2076 Changs. 2017 Chan W100 g 346% 23.4% -171 26.3% 20 1601 -703 102% 0 21.0% 76 87.10 64.4% 766% 121 7194 -40 0321 113 620% •12 749% Alen 00% 0.0% 00 05% 06 001 -06 01% 06 0.0% -CO 006, 0.0% 00% 00 011 02 001 -02 00% 00 00% CO 06194321 00% 00% -09 011 0.2 071 05 061 01 00'. -08 0616320.0 0.0% 00% 00 061 06 001 -05 001 00 101 10 May 16, 2017 24 CITY MANAGER'S BRIEFINGS COLLEGE BEACH WEEKEND AFTER-ACTION REPORT ITEM#67056 (Continued) 50% of arrests were residents within the Region. The City received 660 calls at the Oceanfront from Friday morning to Sunday midnight. The highest volume of calls for service were for traffic stops, 911 hang-ups from cell phones and five(5)cases of destruction of private property: Residence of Persons Arrested Beachfront College Beach Weekend Residence 40.0% 550% 254% ICA% + -111 15.0% 10.0% 0.0% W(MtM ltad. %satp6on lOoads Va..w til Outside Wows •2012 ■2015 •2014 22015 ■2016 '2011 The Payroll cost for 2016 was $259,139 and for 2017 all indications show the cost will be closer to $300,000: Beach Weekend Costs COW overtime/Comp time Mort I 41--.( - Compensatory time hours earned: 1,555 hrs 1,565 hrs 1,508 hrs Value of compensatory time earned: $64,093 $66,093 $66,474 Overtime Hours earned: 3,918 hrs 4,308 hrs 4,356 hrs Overtime wages earned $167,483 $188,056 $192,665 Total hours worked overtime and compensatory 5,473 hrs 5,873 hrs 5,864 hrs time: Total value of all hours $231,889 $254,149 $259,139 May 16, 2017 25 CITY MANAGER'S BRIEFINGS COLLEGE BEACH WEEKEND AFTER ACTION REPORT ITEM#67056 (Continued) After Action Review Chief's Message l r . I QUESTIONS? VN f V lNN il\ilf)\e : ' •�40,1.6 e .. • cid f•� - •- Mayor Sessoms expressed his appreciation to Chief Cervera, the Police Department and the City as a whole for a superb job in a very difficult situation. May 16, 2017 26 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN and POLICY ITEM#67057 4:30 P.M. Mayor Sessoms welcomed Warren Harris, Director-Economic Development. Mr. Harris expressed his appreciation to City Council for their continued support: r VIRGINIA BEACH 1/11 ECONOMIC OEVELOOMEN VABEACH BIO Biomedical and Healthcare Initiative Update Virginia Beach Economic Development May16, 2017 Below is today's Agenda: VABEACHBIOO VABeachBio Update - Agenda • Virginia Bio Thrive Conference • Announcement of OWL Metabolomics • Accelerator Expansion bN„,,c..N.«. . • Veterans Care Center k • VABeachBio Innovation Park --114 Signage and infrastructure development • First building • VABeachBio Innovation Challenge • Next Steps May 16, 2017 27 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN and POLICY ITEM#67057 (Continued) • Virginia Bio hosted its Bi-Annual Conference in the City on April6`h with nearly 300 attendees: VABEACHBIOO 1011 Virginia Bio THRIVE Conference • Virginia Bio hosted its Bi-Annual - conference in Virginia Beach on April 61h. • Nearly 300 biomedical and university executives attender' 0 • Virginia Beach and EVMS served as marquis sponsors. _ a • Brought enhanced awareness 476 /; to our Bio assets and initiative. • • Unveiled the VABeachBio y video. The City announced the newest addition to the Bio-Medical Park, OWL Metabolomics. OWL is based in Spain and will open their US Headquarters in the Accelerator: VABEACHBIO 1011 OWL Metabolomics • OWL Metabolomics, based in Spain, announced plans to open w G their U.S. Headquarters in the BIOTECH VILL/ saiivai VABeachBio Accelerator. • Will partner with Sanyal ' Y .:;_W • Biotechnology, who will open an r -- office with OWL in Europe. • Both companies are experiencing i rapid growth in customer demand in their preclinical studies of NASH. May 16, 2017 28 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN and POLICY ITEM#67057 (Continued) The VABeachBio Accelerator is housed in the TCC Regional Health Professions Center providing "wet lab"and office space to startups and small companies at a reduced rate. This facility is a major factor in attracting companies to locate and relocate to the City: VABEACHBIO '.I VABeachBio Accelerator • Housed in the TCC Regional Health Professions Center • Provides wet lab and office space to V BEACH Q VIO startups and small companies at a V/`1 reduced rate. ACCELERATOR • Home to Sanyal Biotechnology and Powered byIldewaterCo: m 14CoZie e OWL Metabolomics • In discussions with TCC to expand owl 4 Sanyal the space and reconfigure it for a """"""°" higher-tech, long term use. 64%of drugs approved in recent years originated at smaller firms. This is exactly the type of businesses the Accelerator will attract: VABEACHBIOZ I III Bio Prospect Analysis (r)w Tcc • The vast majority of our Biomedical ESAATAT}}E�� prospects are startup or small companies. •EAi • Small companies are driving pharma innovation. NASH • 64%of drugs approved in recent years EVMS originated at smaller firms according to 'NoirnT HBM partners. _v WET LA • An Accelerator space allows small DIABETESE ,> Ac�C�,ELERATO�RSi,o companies to defer cost of real estate Rr.§E/ 1 Dc NrFr � investment, invest more in employees and -- ��«., 'k' .,,."'"5.�:n: „F-- R&D. Prospect Discussions Word Cloud Deal Source Fonurw.con, it May 16, 2017 29 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN and POLICY ITEM#67057 (Continued) A Public Meeting was held on March 14`"to discuss the plans for the construction of the new Veterans Care Center in Princess Anne Commons. The groundbreaking is scheduled for the Fall with a planned opening in 2019: VABEACHBIOg 11111 Veterans Care Center • The Virginia Department of , Veterans Services is building • - - , a120-bed Veterans Care Center in Princess Anne Commons. a!"'+, • 9 • Public meeting held on Marc •• . 14'h to discuss plans and corresponding expansion of Nimmo Parkway • Groundbreaking scheduled for Public Pons-non Veterans Cara Center WW1 14 10117 Fall with planned opening in 2019. VABEACHBIO 11111 VABeachBio Innovation Park • Working with developers on the first building. • Proposed 60,000 sq.ft. Will house a new, larger Bio Accelerator. VA BEACH BIO • Tenants could include INNOVATION PARK Sanyal,OWL, and graduates from the • . Innovation Challenge. Proposed permanent s,gn for tnc VABeachB.Y lnnov-at,an Pam. • Permanent signage design underway. May 16, 2017 30 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN and POLICY ITEM#67057 (Continued) The Center for Advancing Innovation (CAI) was chosen to run the VABeachBio Innovation Challenge: VABEACHBI01 11111 VABeachBio Innovation Challenge • Run by the Center for Advancing Innovation • Has launched 80 startups and created 2,000 jobs. VABEAC H BIO • The Innovation Challenge will INNOVATION CHALLENGE translate federally funded inventions powered by The Center for Advandnglnnovation into startup company catalysts. • First location-specific challenge done by CAI. • Details available at i n novatevabeach.com. This is an overview of the VABeachBio Innovation Challenge: VABEACHB103 11111 VABeachBio Innovation Challenge ® What is it? A business plan and start-up challenge featuring inventions focused on veteran related illnesses. la Challenge Goal: Boost the Virginia Beach ecosystem by launching new startups with knowledge-based jobs. 0 Challenge Outcome: 20 Veteran health-focused companies planted in Virginia Beach. May 16, 2017 31 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN and POLICY ITEM#67057 (Continued) VABEACHBIO IIIIII Past CAI Challenge Results J.1' JfIIt 11 new companies; $3M raised JJnraf;mar 22 new companies; $100M in valuations a•e,...a.,Jva. ami+ NSC2 10 new companies; 1 of top 10 "hottest" (CNBC) 'Freedom,—Cancer 100 new companies anticipated; cancer-focused Startup Challenge This provides the timeline for the Innovation Challenge: VABEACHBIOq IIIII Innovation Challenge: Timeline Phase 0: Phase 1: Phase 2: Phase 3: Enter Challenge Elevator Speech Business Plan Start-up Sept-Jan Jan-Mar Mar-Jun Jul-Aug • •Teams submit proposed •Teams develop a 2 minute •Teams develop a 10 page •Teams launch their startup; team and accept CDA. elevator speech video and business plan accompanied raise capital and apply for a Rolling entry into challenge also a 350 word executive by a 10-20 minute live pitch license • summary •Open challenge for entries, •Due date for elevator speech •Due date for business plans •Bi-weekly milestones for rolling acceptance and executive summary •Live pitches with judges teams—schedule to be •Close entry acceptance •Public voting •Announce finalists and outlined •Announce semi-finalists winners •Announce startup medal of honor awards • • May 16, 2017 32 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN and POLICY ITEM#67057 (Continued) Below are the next steps: VABEACHBIO '.. VABeachBio - Next Steps • Virginia Bio Federal Funding Seminar • June 26th in the Economic FUTURE HOME OF Development office • Innovation Park VIA BEACH BIO • Installation of temporary Park sign INNOVATION PARK • Finalization of plans for first 757.384.6464 • VABeachBio a vbgov.com building VABeachBio.com • Innovation Challenge • "Road shows"at universities • Recruitment of teams VABEACHBIO VABEACHBIO VABEACHBIO VABEACHBIOIj ACCELERATOR + INNOVATION PARK INNOVATION CHALLENGE Teiwiwr aamanq CdYge Pox..T41 M Yhmblo leach DewHpmenl Aulbotay try Ad.mrinphmoeauw. • v-ac City Counct Economic Development Update I May 16,2017 Mayor Sessoms expressed his appreciation to Mr. Harris and the entire Team that continues working hard on this initiative. May 16, 2017 33 CITY COUNCIL COMMENTS ITEM#67058 4:56 P.M. Councilman Wood advised Retired Chief Jacocks recently sent out an invitation for the screening of "Fallen" on May 26th. Unfortunately, he has only received a few responses and requested City Council RSVP at their earliest convenience. May 16, 2017 34 CITY COUNCIL COMMENTS ITEM#67059 Council Lady Henley advised during the recent Bikeways and Trails Advisory Committee meeting bike safety for school children was discussed. The Committee requested the addition of a Liaison from the School Board or School employee to ensure students are receiving the appropriate bike safety education. May I& 2017 35 CITY COUNCIL COMMENTS ITEM#67060 Councilman Moss read the recent article in the Daily News about TCC and their Welding Certification Program. He is not sure the City does enough to promote the certification programs offered at TCC. Mayor Sessoms advised someone with a Welding Certification makes more money than his daughter who is a college graduate and a Teacher. The City and the School System need to promote the certifications and apprentice programs. May 16. 2017 36 CITY COUNCIL COMMENTS ITEM#67061 Councilman Moss requested the City schedule a time to discuss the City's Debt Per Capita Policy. Specifically, what portion of the Policy can be used without negatively affecting the Ciry's credit rating? This will help City Council prioritize future projects. May 16, 2017 37 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67062 5:02 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code § 2-451, 16-47, 16-54 and 16-57 re the name, membership and duties of the Workforce Housing Advisory Board 2. Ordinance to GRANT a Franchise Agreement for an Open Air Café to Guru Parab, LLC t/a Oceans 14 Café 3. Resolution to EXTEND the City's Cable Franchise with Cox Communications until May 23, 2018, or the date of renewal. 4. Resolution to AUTHORIZE and DIRECT the City Manager to FIND efficiencies and streamline project delivery to alleviate Stonnwater and chronic flooding impacts upon residents 5. Resolution to AUTHORIZE a formal "Sister City" relationship between Virginia Beach and Waiblingen, Germany; and, DIRECT the City Clerk to forward this Resolution to Sister Cities International for the issuance of a charter. 6. Ordinance to ACCEPT and APPROPRIATE: a. $12,852 State Training Grant to Emergency Medical Services re future Advanced EMT programs far members of the Volunteer Rescue Squads b. $91,907 from the Estate of Irene Brandon Roper re purchase of Infrared Night Vision Masks for the Fire Department c. $18,055 to support Rescue Squad Operations and Training to enhance the new EMS Headquarters AND $11,655 of Special Events Revenues to Volunteer Squads re stand-by duty COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#1 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#4 May 16, 2017 38 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67062 (Continued) J. PLANNING 1. MARY ANNE DECKER and KARIE STAKEM for an Enlargement of a Nonconforming Use (Duplex)at 40927" Street DISTRICT 6—BEACH 2. RALPH J. and DEBBIE M. NAHRA for a Modification of Conditions re vehicle sales, rentals and auto repair at 1017 Aragona Boulevard (Approved September 20, 2016) DISTRICT 4—BAYSIDE 3. ROBERT SEIM, LLC for a Conditional Change ofZonin¢from B-2 Community Business and R-5D Residential to Conditional B-2 Community Business at 216 North Budding Avenue and 4217 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN 4. R & R TATTOO, LLC and 1479 GENERAL BOOTH, LLCfor a Conditional Use Permit re a tattoo parlor at 1479 General Booth Boulevard DISTRICT 6—BEACH 5. REED ENTERPRISES, INC. for a Conditional Use Permit re an auto repair at 3249 Dam Neck Road DISTRICT 7—PRINCESS ANNE 6 USF S&H VIRGINIA, LLC and DAM NECK CROSSING, LLC for a Conditional Use Permit re an indoor recreation at 1650 General Booth Boulevard DISTRICT 7 — PRINCESS ANNE 7. VALVOLINE INSTANT OIL CHANGE and TMK FAMILY TRUST, FREDERICK T. STANT,III, TRUSTEE for a Conditional Use Permit re an auto repair at 2888 and 2890 Virginia Beach Boulevard DISTRICT 6—BEACH 8. SMARTMOUTH BREWING CO., LLC and RUNNYMEDE CORP for a Conditional Use Permit re an open air market at 313 32nd Street DISTRICT 6—BEACH MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 COUNCIL LADY KANE WILL ABSTAIN ON ITEM#2 COUNCILMAN WOOD WILL ABSTAIN ON ITEM#3 MAYOR SESSOMS FILED DISCLOSURE ON ITEM#6 MAYOR SESSOMS WILL ABSTAIN ON ITEM#8 May16, 2017 39 ITEM#67063 Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District • Beach District • Kempsville District • Beach District 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) • Boards, Commissions, Committees, Authorities, Agencies and Appointees May 16, 2017 40 ITEM#67063 (Continued) Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 5:05 P.M. 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 Absent: M. Benjamin Davenport Rosemary Wilson (Closed Session 5:05 P.M. - 5:55 P.M.) **MAYOR SESSOMS STEPPED OUT DURING THE CLOSED SESSION FOR THE PUBLICLY- HELD PROPERTY REGARDING THE FIRST PROPERTY LOCATED IN THE BEACH DISTRICT May I6, 2017 41 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MAY16,2017 6:00 P.M. Mayor Sessoms called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 16, 2017, at 6.'00 P.M Council Members Present: 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 Absent: M. Benjamin Davenport Rosemary Wilson INVOCATION: Pastor Brent Belford Colonial Baptist 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. May 16, 2017 42 Item—V-E CERTIFICATION ITEM#67064 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 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 Absent: M. Benjamin Davenport Rosemary Wilson May 16, 2017 GOA BEA°c ?cF� 2 4, 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 : SOLUTION #67063 Page 40 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. [h Hodges Fraser, MMC City Clerk May 16, 2017 43 Item -V-F MINUTES ITEM#67065 Upon motion by Council Lady Kane, seconded by Councilman Wood, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of April 27, 2017, INFORMAL and FORMAL SESSIONS of May 2,2017, and SPECIAL FORMAL SESSION of May 9,2077. 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 Absent: M Benjamin Davenport Rosemary Wilson May 16, 2017 44 ADOPT AGENDA FOR FORMAL SESSION ITEM#67066 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 16, 2017 45 Item- V-H.1 PUBLIC HEARING ITEM#67067 Mayor Sessoms DECLARED A PUBLIC HEARING: FRANCHISE CITY PROPERTY Cafe at 1401 Atlantic Avenue There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING May 16, 2017 46 Item - V-I ORDINANCES/RESOLUTIONS ITEM#67068 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items I(MOSS VERBAL NAY),Z 3, 4(MOSS VERBAL NAY), 5, and 6a/b/c 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 K Uhrin and James L. Wood Council Members Absent: M Benjamin Davenport Rosemary Wilson May 16, 2017 47 Item -V-LI ORDINANCES/RESOLUTIONS ITEM#67069 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code § 2-451, 16-47, 16-54 and 16-57 re the name, membership and duties of the Workforce Housing Advisory Board Voting: 8-1 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: M. Benjamin Davenport Rosemary Wilson May 16, 2017 1 AN ORDINANCE TO AMEND SECTIONS 2-451, 16-47, 16- 2 54 AND 16-57 OF THE CITY CODE PERTAINING TO THE 3 NAME AND DUTIES OF THE WORKFORCE HOUSING 4 ADVISORY BOARD 5 6 Sections Amended: §§ 2-451, 16-47, 16-54 and 16-57 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 2-451, 16-47, 16-54 and 16-57 of the City Code are hereby 12 amended and reordained to read as follows: 13 14 Sec. 2-451. - Definition of boards, commissions and committees. 15 16 Boards shall be defined as those advisory council-appointive agencies which 17 are prescribed by the Virginia State Code as "boards," as well as locally established 18 bodies, the duty of which pertains to or is governed by federal and state codes or local 19 ordinances. Terms shall be specified and limited in accordance with the applicable 20 federal or state codes or local ordinances or resolutions. Those currently established 21 are as follows: 22 23 24 25 Wetlands Board 26 27 Workferco hHousing advisory board 28 29 30 31 Sec. 16-47. -Workforce housing pricing. 32 33 (a) Workforce housing shall be priced so as to be affordable for purchase by a 34 household with a gross annual income between eighty (80) percent and one 35 hundred twenty (120) percent of area median income, adjusted for household 36 size. Semi-annually, the workforce housing advisory board shall establish 37 maximum sales prices for workforce housing units based upon current area 38 median income, prevailing mortgage interest rates in the area, real estate tax 39 rates, homeowner's insurance rates, housing ratios, mortgage insurance 40 premiums, condominium and homeowners' association fees and other costs 41 and fees as dictated by the housing market, and the size of targeted 42 households. In determining whether to grant approval pursuant to article 21 of 43 the city zoning ordinance of a proposed development that includes workforce 44 housing, the city council shall determine whether the proposed pricing of the 45 workforce housing within such development meets the requirements of this 46 section. 47 48 49 Sec. 16-54. -Workforce hHousinq advisory board established; membership; 50 duties. 51 52 (a) Established. The workforce housing advisory board is hereby established. 53 54 (b) Term. There shall be at least ten (10) members of the board, who shall be 55 appointed by the city council for terms of four (4) years; provided, however, that 56 the initial terms of two (2) members shall be one (1) year, the initial terms of 57 three (3) members shall be two (2) years, and the initial terms of three (3) 58 members shall be three (3) years. 59 60 (c) Membership. Two (2) members, both of whom shall have extensive experience 61 in practice in the City of Virginia Beach, shall be either land planners or civil 62 engineers or architects licensed by the Virginia Board for Architects, 63 Professional Engineers, Land Surveyors, Certified Interior Designers and 64 Landscape Architects; one (1) member shall be a real estate salesperson or 65 broker licensed by the Virginia Real Estate Board; one (1) member shall be a 66 representative of a lending institution that finances residential development in 67 the City of Virginia Beach; one (1) member shall be a member of the city 68 council; one (1) member shall be a builder with extensive experience in the 69 construction of single-family detached and attached dwelling units; one (1) 70 member shall be builder with extensive experience in the construction of 71 multiple-family dwelling units; one (1) member shall be a current employee of 72 the department of public works or department of planning; one (1) member shall 73 be a representative of a nonprofit housing organization which provides services 74 in the City of Virginia Beach; and the remaining members shall be citizens of 75 the city. 76 77 (d) Duties. It shall be the duty of the board to: 78 79 (1) Establish the maximum sales and rental prices of workforce housing 80 units. Such prices shall be based on the area median income, as defined 81 in section 16-44, and shall be adjusted semi-annually; provided, 82 however, that maximum rental prices in excess of those established by 83 the board shall be allowed if such prices are consistent with the 84 requirements of affordable housing funding sources and are approved by 85 the director. 86 87 (2) Advise the city council on all aspects of the city's workforce housing 88 program, including recommendations for modifications of the 89 requirements of the program; and 90 2 91 (3) Report annually to the city council on the production of workforce 92 housing units, participation in the workforce housing program, and 93 achievement of program goals. 94 95 (41 Advise the city manager and the city council regarding implementation of 96 strategies to address issues of housing affordability and neighborhood 97 preservation. 98 99 100 Sec. 16-57. - Application, etc. fees. 101 102 The city shall charge a reasonable application fee and such other ordinary and 103 customary fees in the real estate industry as are reasonable and necessary to cover 104 the costs of the service for which the fee is charged. The amount of such fees shall be 105 determined by the city council upon recommendation of the werkferse housing 106 advisory board. 107 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 16th day of May , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -//II Andreri tlman C. Kay Housing and Neighborhood Preservation City Atto ey's ffice CA14044 R-1 April 18, 2017 3 48 Item-V-L2 ORDINANCES/RESOLUTIONS ITEM#67070 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Franchise Agreement for an Open Air Cafe to Guru Parub, LLC t/a Oceans 14 Cafe Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Robert M Dyer, Barbara Al. 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: Al. Benjamin Davenport Rosemary Wilson May 16, 2017 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OPEN AIR CAFE IN 3 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, Guru Parab, LLC, t/a Ocean's 14 Café, is seeking a one-year 17 franchise agreement for operation of a Boardwalk Café at 1401 Atlantic Avenue; and 18 19 WHEREAS, the Convention & Visitors Bureau/Resort Management recommends 20 that the above-named entity be granted an open air café franchise agreement. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH: 24 25 That the City Council hereby grants a one-year franchise agreement to Guru 26 Parab, LLC, t/a Ocean's 14 Café, for operation of a Boardwalk Café at 1401 Atlantic 27 Avenue. Adopted by the City Council of Virginia Beach, Virginia on this 16tlday of May 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: AAk �% Mike Eason Aimee Sullivan Convention and Visitors Bureau/ City Attorney's Office Resort Management CA14047 R-1 May 3, 2017 49 Item -11--L3 ORDINANCES/RESOLUTIONS ITEM#67071 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to EXTEND the City's Cable Franchise with Cox Communications until May 23, 2018, or the date of renewal. 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 K Uhrin and James L. Wood Council Members Absent: M. Benjamin Davenport Rosemary Wilson May 16, 2017 1 A RESOLUTION TO EXTEND THE CITY'S CABLE 2 FRANCHISE WITH COX COMMUNICATIONS 3 UNTIL THE EARLIER OF MAY 23, 2018 OR THE 4 DATE ON WHICH THE FRANCHISE IS RENEWED 5 6 WHEREAS, the extension of the City's current cable franchise with Cox 7 Communications Hampton Roads, L.L.C. ("Cox"), expires on May 23, 2017; 8 9 WHEREAS, the City has been conducting a public needs assessment 10 concerning the renewal of such franchise and has been engaged with Cox in 11 negotiations to that end; 12 13 WHEREAS, review of the needs assessment and negotiations cannot be 14 concluded prior to the expiration date of the current extension to the franchise; and 15 16 WHEREAS, the parties wish to enter into a second extension of the term of the 17 current franchise to the earlier of May 23, 2018 or the date on which the franchise is 18 renewed, under the same terms and conditions set forth in the franchise; and 19 20 WHEREAS, the requested extension will not affect Cox's customers, except to 21 allow them to continue to receive cable service from Cox. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized and directed to execute, on behalf of 27 the City, the agreement entitled "SECOND AMENDMENT OF CABLE TV FRANCHISE 28 AGREEMENT", dated May 3 , 2017, by and between the City of Virginia Beach 29 and Cox, which agreement is appended hereto and a copy thereof is on file and 30 available for public inspection in the Office of the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 16th day of May , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL // 4_�/ SUFFICIENCY AND, FORM:/ I MATION TECHNOLOGY CITY Y'S OFFICE CA13987 May 2, 2017 R-1 SECOND AMENDMENT OF CABLE TV FRANCHISE AGREEMENT COX COMMUNICATIONS IONS IIAMPTON ROADS. L.L.C. THIS SECOND AMENDMENT AGREEMENT (the "2"d Amendment"), dated thin day of 2017 is by and between the City of Virginia Beach. Virginia. a municipal corporate ("City") and Cox Communications Hampton Roads, L.L.C.- ("Cox") a Delaware limited liability company authorized to transact business in the Commonwealth of Virginia. The City and Cox may be collectively referred to as the"Parties." WHEREAS, the City granted a ten (10) year cable franchise ("Franchise") to Cox commencing on May 23.2006 and expiring May 23. 2016("Expiration Dale"): WITEREAS, the City and Cox entered into negotiations to renew the Franchise ("Franchise Renewal"), and as part of the process the City secured the services of a consultant to conduct a public needs assessment and audit: WHEREAS. since the Franchise Renewal was unable to be completed prior to the Expiration Date, the parties entered into a one (I) year extension of the Franchise, authorized by City Council on May 17. 2016 by adoption of RES-03789: and WHEREAS, the parties continue to negotiate the teons of the Franchise Renewal, and desire to obtain an additional extension in order to fully assess and finalize the terms of the Franchise Renewal. NOW. THEREFORE, for and in consideration of the mutual promises, covenants, and other valuable consideration,the sufficiency of which is hereby acknowledged,the Parties agree as follows: I. Section 4.04 of the Franchise is hereby deleted in its entirety and replaced with the following: The tern?o(ihe Franchise to he granted hr the ('in'pursuant to this Ordinance .shall expire the earlier of Mar 23!, 2018 or when the existing Franchise is renewed whichever.shall IIItsl occur. 2. Except as specifically modified hereby.the Franchise shall remain in full force and effect. ]SIGNATURES APPEAR ON THE FOLLOWING PAGES] IN WITNESS WHEREOF. the Parties have caused this 2"d Amendment to be executed by their respective duly authorized representatives. COX COMMUNICATIONS HAMPTON ROADS. L.L.C. a Delaware limited liability company By: _J , t•• V,ex f!e ,sideA lb- £44.c4 COMMONWEALIII OF VIRGINIA CITY OFC (?ea' 2�. ._ . to-wit: The foregoing instrument was acknowledged before me this 3t4 day of ' 2017. by ecCl/lt . STdVPkoll C _ugnotjabehalf of COX COMMUNICATIONS HAMPTON ROADS. L.L.C.,a Delaware limited liability company authorized to transact business in the Commonwealth of Virginia. Cantulainakiat CLARY LEIGH IRRINLEY Notary P lic Retry nub* Virginia commission expires: }yAg• 31,,aoao R•rwnaN,. e rt waNn Eglm ,,.=SEE My registration number: '1(o 83\\ Q —_ CITY OF VIRGINIA BEACH Dv: City Manager/Authorized Designee of the City Manager (SEAL) ATITST: Ruth Hodges Fraser.City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH.to-wit: The foregoing instrument was acknowledged before me this day of . 2017. by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach.on its behalf. Notary Public My commission expires: _ My registration number: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH.to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by Ruth Hodges Fraser,City Clerk of the City of Virginia Beach.on its behalf. Notary Public - — - - My commission expires: My registration number: _ APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Information Technology City Attorney's Office 50 Item-V-L4 ORDINANCES/RESOLUTIONS ITEM#67072 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to FIND efficiencies and streamline project delivery to alleviate Storm water and chronic flooding impacts upon residents Voting: 8-1 Council Members Voting Aye: Jessica P. Abbott, 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 M. Benjamin Davenport Rosemary Wilson May 16, 2017 REQUESTED BY COUNCILMEMBERS KANE, UHRIN, WILSON, AND WOOD 1 A RESOLUTION DIRECTING THE CITY MANAGER TO 2 FIND EFFICIENCIES AND STREAMLINE PROJECT 3 DELIVERY TO ALLEVIATE STORMWATER IMPACTS AND 4 CHRONIC FLOODING UPON RESIDENTS 5 6 WHEREAS, the residents of the City are threatened by flooding and other rain 7 water effects; and 8 9 WHEREAS, the City Manager's Proposed Budget includes funding for a 15-year 10 program to address the current Stormwater infrastructure needs of the City; and 11 12 WHEREAS, the City Council has heard the concerns of the residents that the 13 City needs to work diligently and expeditiously to deliver Stormwater capital projects; 14 and 15 16 WHEREAS, the City Council desires to unequivocally express the importance of 17 Stormwater management and chronic flooding among the issues before the Council; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1. The City Manager is directed to find efficiencies and streamline project delivery to 23 alleviate storm water and chronic flooding impacts upon residents of the City. 24 25 2. The City Manager is directed to provide periodic updates to the City Council 26 outlining the progress of the Stormwater program with such updates provided on 27 a quarterly basis unless otherwise directed. 28 29 3. The City Manager is directed to pursue all avenues available within current 30 budget constraints to expedite Stormwater project delivery, and if the Manager 31 becomes aware of opportunities during the fiscal year for acceleration or 32 modification of Stormwater projects, the Manager shall present the Council with 33 the opportunity to pursue such opportunities including, where necessary, the 34 supplemental appropriation of funds. Adopted by the City Council of the City of Virginia Beach, Virginia the 16thday of May , 2017. APPR D AS TO LEGAL SUFFICIENCY: Dana r �---- City Attorney's Office CA14048 R-3 May 3, 2017 51 Item-V-L5 ORDINANCES/RESOLUTIONS ITEM#67073 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE a formal "Sister City"relationship between Virginia Beach and Waiblingen, Germany; and, DIRECT the City Clerk to forward this Resolution to Sister Cities International for the issuance of a Charter 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 Absent: M. Benjamin Davenport Rosemary Wilson May 16, 2017 1 A RESOLUTION APPROVING WAIBLINGEN, GERMANY AS 2 A SISTER CITY TO VIRGINIA BEACH 3 4 WHEREAS, the "Sister City" concept was inaugurated by General Dwight D. 5 Eisenhower, President of the United States, as a People-to-People" program in 1956, 6 and the purpose was to establish greater friendship, peace and understanding between 7 the people of the United States and those of other nations worldwide through direct 8 personal relationships; 9 10 WHEREAS, all succeeding Presidents have endorsed this program and 11 promoted the sharing of cultures, economies, education, ideas, sports and various 12 other facets of personal, business and commercial exchanges, and the People-to- 13 People program was enhanced by the establishment of Sister Cities International to 14 involve cities, towns and counties; 15 16 WHEREAS, the City of Virginia Beach, through disaster in the breaking of the 17 ship, Dictator, off the shores of Cape Henry in 1891, has enjoyed great experiences and 18 personal relationships with our first Sister City, Moss, Norway, and annually shares the 19 Norwegian Lady with the Sons of Norway here and the City of Moss commemorations; 20 in 1992, Virginia Beach became the Sister City with Miyazaki City, Japan, and much as 21 resulted in those exchanges of student visits, sharing the Volunteer program, 22 establishing the Japanese Garden, sharing Sister Parks, et cetera; in 2001, North Down 23 Co., Bangor, Northern Ireland, became our third Sister City; and as a result of Virginia 24 Beach's 50th Anniversary and having a very large Filipino population in the City, 25 Olongapo, Philippines, officially became a Sister City in a joint signing ceremony in 26 Virginia Beach in July 2015; 27 28 WHEREAS, in 2015, discussions began between Stihl, one of the largest 29 manufacturers in Virginia Beach, Mayor Sessoms and SCAVB President, Ruth H. 30 Fraser, to consider their German home city, Waiblingen, for Sister Cityhood, and a letter 31 was forwarded by the Chair of Stihl to Andreas Hesky, Mayor of Waiblingen to ascertain 32 their interest; his response was favorable and shared with members of the Waiblingen 33 City Council; Peter Mueller, Virginia Beach's Honorary Counsel for Germany, and 34 former Manager of Virginia Beach operations of Stihl, Inc., agreed to assist in the 35 development and future activities of the new sister city; in May, 2016 Mayor Hesky and 36 his assistant arrived for their first official visit to Virginia Beach, and they met with 37 students at Tallwood High Academy for Global Studies and International Language who 38 had already experienced several years of "in / out-bound" exchanges sponsored by 39 Stihl; and a Mayoral Delegation comprised of Mayor and Mrs. Sessoms, SCAVB 40 President, Ruth H. Fraser, Warren Harris, Economic Development Director, and Peter 41 Mueller visited Waiblingen in May to solidify plans for twinning the two cities; and 42 43 WHEREAS, the Sister Cities Association of Virginia Beach has unanimously 44 approved Waiblingen as a "Sister City" to Virginia Beach and has requested that City 45 Council endorse this relationship for the official charter to be issued by the Sister Cities 46 International Board of Directors. 47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 48 OF VIRGINIA BEACH 49 50 That the City Council of Virginia Beach hereby endorses a Sister City relationship 51 with Waiblingen, Germany and directs the City Clerk to provide a copy of this 52 Resolution, adopted this 161h day of May, Two Thousand Seventeen, to the President of 53 the Sister Cities Association of Virginia Beach and submit an original of this resolution to 54 the SCI office in Washington, D. C. at the earliest possible date. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: uthH. Fraser Roderick a R. gm City Clerk City Attorney's Office CA14036 R-1 April 19, 2017 52 Item -V-I.6a ORDINANCES/RESOLUTIONS ITEM#67074 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $12,852 State Training Grant to Emergency Medical Services re future Advanced EMT programs for members of the Volunteer Rescue Squads Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, 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: M. Benjamin Davenport Rosemary Wilson May 16, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 TRAINING GRANT FUNDS TO THE FY 2016-17 OPERATING 3 BUDGET OF THE DEPARTMENT OF EMERGENCY 4 MEDICAL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $12,852 is hereby accepted from the Virginia Department of Health, Office of 10 Emergency Medical Services and appropriated, with estimated state revenues increased 11 accordingly, to the FY 2016-17 Operating Budget of the Department of Emergency Medical 12 Services to fund a portion of the a future Advanced EMT class for members of the 13 volunteer rescue squads. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of May 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 9,cLv 1� n David Bradley Dana arm- er Budget and Management S-rvices City Attorney's Office CA14053 R-1 May 3, 2017 53 Item-V-I 6b ORDINANCES/RESOLUTIONS ITEM#67075 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $91,907 from the Estate of Irene Brandon Roper re purchase of Infrared Night Vision Masks for the Fire Department 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 Absent: M. Benjamin Davenport Rosemary Wilson May 16, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $91,907 FROM THE ESTATE OF IRENE BRANDON 3 ROPER FOR THE PURCHASE OF INFRARED NIGHT 4 VISION MASKS FOR THE FIRE DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. A bequest in the amount of $91,907 is hereby accepted from the Estate of 10 Irene Brandon Roper, and the City Manager, or his designee, is authorized to 11 execute an agreement acknowledging receipt and the terms of the bequest. 12 13 2. $91,907 is hereby appropriated, with donation revenue increased accordingly, 14 to the Fire Department for the purchase of infrared, night vision masks. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of May , 2017. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana 'armeyer Budget and Management Services City Attorney's Office CA14050 R-2 May 4, 2017 54 Item-V-I.6c ORDINANCES/RESOLUTIONS ITEM#67076 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $18,055 to support Rescue Squad Operations and Training to enhance the new EMS Headquarters AND $11,655 of Special Events Revenues to Volunteer Squads re stand-by duty Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Robert M. Dyer, Barbara Al. 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: M. Benjamin Davenport Rosemary Wilson May 16, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT RESCUE SQUAD OPERATIONS AND 3 TRAINING AND TO AUTHORIZE REMITTANCE OF SPECIAL 4 EVENTS REVENUES TO VOLUNTEER RESCUE SQUADS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $18,055 from the following sources is hereby accepted: 10 a) $16,040 from the Virginia Department of Health, Office of Emergency 11 Medical Services, Four-for-Life Training Program; and 12 b) $2,015 generated from training classes conducted by Department of 13 Emergency Medical Services. 14 15 2. $18,055 is hereby appropriated from the sources above to the FY 2016-17 16 Operating Budget of the Department of Emergency Medical Services, with 17 estimated revenues increased accordingly, to purchase additional instructional 18 materials, training equipment and furnishings to enhance the new EMS 19 Headquarters and Training Center. 20 21 3. $11,655 received by the Special Events Office from event organizers for stand-by 22 duty performed by Volunteer Rescue Squads is hereby appropriated,with revenues 23 increased accordingly, for the purpose of remittance of such funds to the Volunteer 24 Rescue Squads performing such stand-by duty. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of May 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley —Dana H r eyer Budget and Management Services City Attorney's Office CA14051 R-1 May 2, 2017 55 Item—V-J PLANNING ITEM#67077 I. MARY ANN DECKER ENLARGEMENT OF NONCONFORMING USE 2. RALPH J. and DEBBIE M. NAHRA MODIFICATION OF CONDITIONS 3. ROBERT SEIM,LLC CONDITIONAL CHANGE OF ZONING 4. R&R TATTOO, LLC CONDITIONAL USE PERMIT 5.REED ENTERPRISES,INC. CONDITIONAL USE PERMIT 6. USE S&H VIRGINIA,LLC CONDITIONAL USE PERMIT 7. VALVOLINE INSTANT OIL CHANGE CONDITIONAL USE PERMIT 8.SMARTMOUTH BREWING CO.,LL CONDITIONAL USE PERMIT MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 COUNCIL LADYKANE WILL ABSTAIN ON ITEM#2 COUNCILMAN WOOD WILL ABSTAIN ON ITEM#3 MAYOR SESSOMS FILED DISCLOSURE LETTER ON ITEM#6 MAYOR SESSOMS WILL ABSTAIN ON ITEM#8 May 16, 2017 56 Item -V-J PLANNING ITEM#6 70 78 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items ](MAYOR ABSTAINED), 2(KANE ABSTAINED), 3(WOOD ABSTAINED), 4, 5, 6(MAYOR DISCLOSED), 7 and 8(MAYOR ABSTAINED) of the PLANNING AGENDA Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Robert Al 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: M. Benjamin Davenport Rosemary Wilson May 16, 2017 57 Item—V-J.I PLANNING ITEM#67079 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of MARY ANNE DECKER and KARIE STAKEM for an Enlargement of a Nonconforming Use (Duplex) at 409 27'h Street DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MARY ANNE DECKER and KARIE STAKEM for an Enlargement of a Nonconforming Use (Duplex) at 409 27th Street (GPIN 2418908650) DISTRICT 6— BEACH The following conditions shall be required: L With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted Site Layout entitled: "SITE PLAN, DECKER RESIDENCE", dated January 31, 2017, and prepared by Richard Bartlett of Professional Construction Consultants, LLC. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design, size and materials of the building shall be substantially in adherence, with the submitted Elevation Exhibit on Page Six (6). Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 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, Sixteenth day of May, Two Thousand Seventeen. Voting: 8-0 Council Members Voting Aye. Jessica P. Abbott, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: M. Benjamin Davenport Rosemary Wilson May 16, 2017 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 409 27TH STREET 4 5 WHEREAS, Mary Anne Decker and Karie Stakem, (hereinafter the "Applicants") 6 have made application to the City Council for authorization to enlarge a nonconforming 7 use located at 409 27th Street in the R-5S Residential Zoning District by enlargement of 8 a duplex located on the parcel; and 9 10 WHEREAS, this parcel currently contains a duplex, which is not allowed in the R- 11 5S Residential Zoning District; and 12 13 WHEREAS, the duplex was built prior to the adoption of the applicable zoning 14 regulation and is therefore nonconforming; and 15 16 WHEREAS, the Planning Commission of the City of Virginia Beach 17 recommended approval of this application on April 12, 2017; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use of the parcel, as 29 enlarged, will be equally appropriate to the district as is the existing nonconforming use 30 under the conditions of approval set forth herein below. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following conditions: 37 38 1. With the exception of any modifications required by any of these 39 conditions, the site shall be developed and maintained substantially in 40 conformance with the submitted site layout entitled "SITE PLAN, 41 DECKER RESIDENCE" dated January 31, 2017, and prepared by 42 Richard Bartlett of Professional Construction Consultants, LLC. Said 43 plan has been exhibited to the Virginia Beach City Council and is on 44 file with the Planning Department. 45 46 2. The design, size and materials of the building shall be substantially in 47 adherence, with the submitted elevation exhibit on page six. Said 48 elevations have been exhibited to the Virginia Beach City Council and 49 are on file with the Planning Department. 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of May , 2017. APPROVED AS TO CONTENT: �/� APPROVED AS TO LEGAL SUFFICIENCY: Barry Fran enfield B. Kay Wilson. Planning partment City Attorn-%Sffice CA13975 R-2 March 30, 2017 2 ut, \_______LT ,,,,_, , . �It ` tom_ - _ y --- IT _ '; \ I 1 \\ -ply-- 40 \ C , t N._--- .---v--.7 ,'t (0....._,_ 1�-�JT 1 �1 t Ce , .\ 42) ''. nig5s__ ., \ , . 1 .r1.1 A:*, _\\_.. I . i ....--- , 4 ..____,____, „--..- \ - ;-- f �\ 1 1 - \, rte-~t _ \ r r r i„, \1 \ +* • '\ N t t „�.... .f1 -.$gil V., V:13 \ \ .. % '.:_-T"' ..., --frt--1 ' _ -43) \ _., .----::_) \::...—' -.., •11-. .. . r ect .__ . , . „ _ , .. . via* 0 \'' , ,, p ' __. „,u .......-- ._ , .s. k 4:1) , 60— i, '--...4- �� ' 11 _{ w 1-. L--' A :. .-: � .\ �t Y `t N \ --., 0 t • -' T" ‘ '-• .1 \ ', \ V ' \ tt t} i _i f 1 • _ --,---'-----\\ \ it ' IL----- \\ . \ p 0. CV 1 \\\ \ .. ,'\ ,I....i.1O"r-1"C. e_,-._ Qt __ N_., -- o 1 .\ _ veru,_ _ .., 1, - CO\ '1 N iRroB --,. ' \ iiimma rilliiilm?r"— "\ ..._ 1,...1.,a ... .1 ell40 , s. sci?. ,.....r...r1.-----' 0 OC c 146 City of Virginia Beach qty Os- Oen tponl" s WILLIAM 0.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH.VA 234569000 In Reply Refer to 0060591 O57)385-4581 FAX 175713855699 wsessoms6 vogov com May 16,2017 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 Mary Anne Decker for an enlargement of a nonconforming use for property located at 409 27" Street. 2. The applicant has disclosed that TowneBank is a financial services provider with respect to the property that is the subject of this transaction. 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, OA, bidit William D. Sessoms Mayor WDS/RR1 58 Item—V-J.2 PLANNING ITEM#67080 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of RALPH J. and DEBBIE M. NAHRA for a Modification of Conditions re vehicle sales, rentals and auto repair at 1017 Aragona Boulevard (Approved September 20, 2016)DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordinance upon application of RALPH J. and DEBBIE M. NAHRA for a Modification of Conditions re vehicle sales, rentals and auto repair at 1017 Aragona Boulevard (Approved September 20, 2016) (GPIN 1478049650) DISTRICT 4 — BAYSIDE The following conditions shall he required: 1. When the property is redeveloped, it shall be in substantial conformance with the submitted Exhibit entitled, "Concept Plan For Auto Sales & Service, "prepared by Massey Engineering, PC, dated July 28, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development, with the exception that a minimum of two (2)feet of the existing pavement on the property along Haygood Road, be removed and replaced with plant material as described in the Conditions below. 2. The building shall be updated as depicted on the submitted elevation entitled, "As Built Elevations for Trucks R Us, "prepared by GMF+ Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The number of vehicles on the site at any one time shall be limited to forty-nine (49). The repair portion of the business shall be limited to the purpose of performing only minor repairs to no more than eight (8) vehicles at a time that are in the process of being repaired or awaiting repair. 4. All auto repairs shall take place inside the building and shall he limited to the work space accessed by a single overhead door. 5. No vehicle in a state of obvious disrepair shall be permitted on the property. 6. No outside storage of equipment,parts or materials shall be permitted. 7. All junk, debris and other discarded items must be removed from the site. 8. The existing non-conforming sign shall be removed prior to obtaining a Certificate of Occupancy from the Building Official's Office. Any freestanding sign shall be monument style, with a brick base, limited in height to eight (8)feet and shall be externally lit. The design of the sign shall he submitted to the Planning Director and shall he subject to the Director's approval, prior to the issuance of a Sign Permit. May 16, 2017 59 Item—V-J.2 PLANNING ITEM#67080 (Continued) 9. 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 the doors. No window signage shall be permitted The building signage shall not be a "box sign", but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 10. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows; utility poles, trees or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the.site. 11. Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance (CZO), and in no case shall be larger than as depicted on the submitted elevation referenced in Condition 2 above. No signs shall be installed on the sides or the southern facade of the building. 12. The parking lot shall be restriped to reflect all parking spaces required by the City Zoning Ordinance (CZO), including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 13. The existing chain link fence on the property shall he removed and replaced with a solid fence, minimum height of six (6)feet, as depicted on the exhibit referenced in Condition 1 above, and shall be maintained at all times. In the event said fence falls into disrepair, it shall be replaced immediately. 14. The required dumpster screening shall be installed so as to aid in updating the aesthetics of the site. 15. The existing northern ingress/egress along Aragona Boulevard, closest to the intersection of Haygood Road and Aragona Boulevard, shall be removed as depicted on the Exhibit referenced in Condition 1 above. 16. Streetscape plantings along both Haygood Road and Aragona Boulevard shall be depicted on the Plan submitted to the Planning Department and ultimately be installed with species and location subject to the approval of the City of Virginia Beach Landscape Management and the Development Services Center's Landscape Architect. 17. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded andfocused away from adjoining properties. Any outdoor lighting fixture located on the western portion of the property shall not be erected any higher than fourteen (14)feet, and any outdoor lighting fixture located elsewhere on the property shall not be erected any higher than twenty(20)-feet. 18. No outside paging or amplified music system shall he permitted. May 16, 2017 60 Item—V-J.2 PLANNING ITEM#67080 (Continued) This Ordinance shall be effective in accordance with Section 107(/)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Sixteenth day of May, Two Thousand Seventeen. Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Abstaining: Shannon DS Kane Council Members Absent: M. Benjamin Davenport Rosemary Wilson May I6, 2017 .... .,., ---.-- ,,--' , , ..,. • • __ .i:, .._. „... .. ___ ki, \ , .... \ . ..•__ ...„. ,... Ln 6 in _ __ ., 1„,z ,.- 0 . -,,,.. ,_------ ,-, .N...."-' 6 .„... \ II ; cf. , • Sek :. Ce 89' -------- W .. N . 11.0 I 4 . .... .___ ... ,..., ,._,, .. \ \ 0 0 \ „ \ 004- Lo---il eliihkiiiik,,, --6 . . , ... . woo .,•-• \ el ,.\, _,....- ...„- • o . (-----\ \N. ',..,_.,,,,, \• N . • , - CO.. 1 iall-i• ,. •, vti .,--.-\ .k.,, 011 \X)1 Ca .... _,... 0 _ ‘ . \..., / • . •- k _,•• • . \ ',. • 03 ''\,,.: 's, s, . \% • s„----- ' .•-- , %. < .._..-- \ \. ._-- ... .•--- $ \ ‘ ,,.... ),1 f . . r 1 'l ,iC1 r- Lic-,...., c . 01110 • .L -.• r.. \ .._ to r) 1%. • ..•.) .... ... .. .. . . • >,--• :.: ..------- .. 147, Il T rt^-1 ./'G\NtABBA�y ,�r�J`4- sb.0.7),?.. r y' �` ' � City of VirMinia Beach tt:, ... f kts 41.n siS4. ,of J �4 v Corr SHANNON DS KANE PHONE'. (757)802-3236 COUNCIL LADY-DISTRICTS-ROSE HALL FAX'. (757)385-5669 skane@vbgov..com In Reply Refer to 0060590 May 16, 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 the application of Ralph J. & Debbie Nahra for a modification of conditions for property they own at 1017 Aragona Boulevard. 2. The applicants are close family friends, and I have chosen to abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, y / Shannon D.S. Kane Councilmember SDSK/RRI 2401 COURTHOUSE DRIVE.SUITE 281.VIRGINIA BEACH,VA 23452 61 Item—V-J.3 PLANNING ITEM#67081 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS PROFFERED, BY CONSENT: Ordinance upon application of ROBERT SEIM,LLC for a Conditional Chanve of Zoning from B-2 Community Business and R-5D Residential to Conditional B-2 Community Business at 216 North Budding Avenue and 4217 Virginia Beach Boulevard DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ROBERT SEIM, LLC for a Conditional Change of Zoning from B-2 Community Business and R-5D Residential to Conditional B-2 Community Business at 216 North Budding Avenue and 4217 Virginia Beach Boulevard (GPINs 1477953193, 1477953092) DISTRICT 5 — LYNNHAVEN The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. 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, Sixteenth day of May, Two Thousand Seventeen. Voting: 8-0 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. and John K Uhrin Council Members Abstaining: James L. Wood Council Members Absent: M. Benjamin Davenport Rosemary Wilson May 16, 2017 Lit.:::-/---, 40 . . . , 0 U co (L)c, it- Th . . / _. iT... i ,cp„„.., m ick ;5, "11 co _. , , (13 1 r r-- 1 i , _ 1 / !I ' L _____ N J I anuany qsv ,.._._ _., m 1 : - - 1 i r cy r 1i a a _ 7 ( 1 9 ..ce_ID__. 1 - . 1 .. ._ _ ... ,...._ . , ___ tute.ffiff, wppng_ f- 1--1. . -.•••••1 -LI-- p 1-1 N - 0 L _I CO ..._ ____ — I ___ ce -L- -L- -,,,13,3 - I - 0 - - ., --- - - _______ .. .____________ ._ – T i _ ___ ._,_. ......_ .. a r=j r.----, .r.. ? t-, ,,.., a 1 13 _ 01 0 :3 r Oa -CI El 51 19 — 1— f' I i 9 _ri, 2 Ce ✓ . N L F , 1 N C M_,I 1 j _ L._ r— I li L 1 [ _____T- an yids , _1 1 --77 u m: anuanv Ju__ 0 in I -"TI-rT1--1 [---, ,Fziri 1,1 LO S� 1A BE40 is CITY OF VIRGINIA BEACH r INTER-OFFICE CORRESPONDENCE +' In Reply Refer To Our File No. DF-9803 DATE: May 9, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson-170-114SDEPT: City Attorney RE: Conditional Zoning Application; Robert Seim, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 16, 2017. I have reviewed the subject proffer agreement, dated January 30, 2017 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/ks Enclosure cc: Nancy Bloom ROBERT SEIM, L.L.C., 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 30th day of January, 2017, by and between ROBERT SEIM, L.L.C., 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 two (2) parcels of property located in the Lynnhaven District of the City of Virginia Beach, Virginia, containing approximately 24,600 square feet, which are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcels are hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from Unconditional B-2 Commercial District (Parcel A) and R-5D Residential District (Parcel B) to Conditional B-2 Commercial District; 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 amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. GP I N: 1477-95-3193-0 000 PREPAaeo 6Y 1477-95-3092-0000 SIB SUES.HOUR! ON. I A'L ANENA&LEVY.RI. Prepared By: R. Edward Bourdon,Jr., Esquire VSB x22160 Sykes,Bourdon,Ahern&Levy, P.C. 281 Independence Blvd, Pembroke One, Fifth Floor Virginia Beach,Virginia 23462 NOW, THEREFORE, the Grantor, for itself, its successors, personal li representatives, assigns, grantees, and other successors in title or interest, voluntarily II 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 make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree 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 Grantors, their I successors, personal representatives, assigns, grantees, and other successors in interest I or title and which will not be required of the Grantor until Parcel B is developed: 1. When Parcel B is developed, the Property shall be combined into one (i) Parcel, redeveloped and landscaped substantially in conformance with the Exhibit entitled, "REZONING EXHIBIT ATLANTIC EYE CARE FAMILY VISION CENTER 4217 Virginia Beach Boulevard, Virginia Beach, Virginia", dated January 4, 2017, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning"Layout Plan"). 2. The following"USES"shall not be permitted on the Property: a. Assembly uses; b. Automobile museums, repair garages, engine repair, and service stations; c. Bars or nightclubs; d. Beverage manufacturing shops; e. Boat sales; f. Body piercing establishments; g. Bulk storage yard; h. Car wash; i. Craft breweries; or distilleries; j. Eating and drinking establishments with drive-through windows; k. Grocery stores; 1. Heliports; m. Liquor store; n. Motor vehicle sales or rentals; o. Mobile home sales; p. Tattoo parlors; or PREPARED 6Y. q. Wine tasting rooms. S.li SUB.NOCRDON. Al Ap6BN&L6Y1'.I?f. 3. Further conditions may be required by the Grantee during Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the B-2 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 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 Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said II instrument shall be void. The Grantor covenants and agrees that: (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 PREPARED BY. S R SYKES BOURDON. deny the issuance of any of the required building or occupancy permits as may be A'I. ;AHERLN&LEVY.R.f_ appropriate; 3 (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 (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. PREPPREDBY. SF SYkl S.111H WON. A'L AHERN&LEVY.I'C 4 WITNESS the following signature and seal: Grantor: Robert Seim, L. . ., a Virginia limited liability company By: ' v (SEAL) Robert .eim, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31st day of January, 2017, by Robert Seim, Manager of Robert Seim, L.L.C., a Virginia limited liability company, Grantor. Ak -I4 tccij Notary Public My Commission Expires: August 31, 2018 toTA.1t ti Notary Registration Number: 192628 •, JPE 11/4 q . , t9 ./ .. .. n...t P HEPARED BY. \13 SWFS. P01!RUON, A�L AIILRN&LR'V.Rr. 5 EXHIBIT "A" PARCEL A: ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lots Numbered ro, 11, 12 and part of Lot 13, Block 21, Property of G.W. Deal, Map No. 2, which plat is duly recoded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 63, at Page 424, said lots of land taken together being more particularly bounded and described as follows: II, BEGINNING at a pin in the southern line of Virginia Beach Boulevard where it is intersected by the eastern line of Budding Avenue (formerly Maple Avenue), thence running in an easterly direction along the southern line of Virginia Beach Boulevard, as presently constituted, South 82 degrees 55' East, 120 feet to a pin; thence South 7 degrees 10' West, 135.07 feet to a pin in the northeastern corner of Lot 9 on said plat; thence ( North 82 degrees 5o' West, 120 feet to a pin in the eastern line of Budding Avenue (formerly Maple Avenue); thence in a northerly direction along the eastern line of Budding Avenue North 7 degrees 10' East, 134.90 feet to the Point of Beginning. GPIN: 1477-95-3193-0000 PARCEL B: Iii ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach,Virginia, and being known, , numbered and designated as Lots Eight (8) and Nine (9), in Block Twenty-one (21), Property of C.W. Deal Plat No. 2, Near Jacksondale, Kempsville Borough,Virginia Beach, Virginia, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 7o, at Pages 7 thru 7D. GPIN: 1477-95-3092-0000 II:\AM\Conditional RezoningARobert Seim,LLC\Proffer Agreement_clean 3-20-17.doc PREPARED BY: 5.6 SYKES, POI'WON. A'.L ellIL1iN&LEF'Y.BC ' 6 aaotA•Bpgfh City of Beach Rs ‘" Owl Nmo:i4 V COM JAMES L.WOOD PHONE'. (757)340M11 COUNCILMAN-DISTRICT 5-LYNNHAVFN FAX'. 1757)3402082 Ilwood®vbgov.com In Reply Refer to 0060594 May 16,2017 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 the application of Robert Seim, LLC for a conditional rezoning of property located at 216 N. Budding Avenue and 4217 Virginia Beach Boulevard. 2. 216 N. Budding Avenue, L.C. sold the property that is the subject of this application to the applicant. 214 N. Budding Avenue, LLC and 212 N. Budding Avenue, LLC own property adjacent to or nearby the property that is the subject of this application. If the applicant later chose to expand his property, he might seek to purchase adjacent property. 3. I have a personal interest in 216 N. Budding Avenue, L.C., 214 N. Budding Avenue, LLC and 212 N. Budding Avenue, LLC. The principal office address for all three is 208 Ash Avenue Suite 101 Virginia Beach, Virginia, 23452. 3. I have chosen to disclose this interest and abstain from voting on this application. 208 ASH AVENUE,SUITE 101.VIRGINIA BEACH,VA 23452 Mrs. Ruth Hodges Fraser -2- May 16, 2017 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerel , Jame, L. Wood Cou ilm-mber JLW/RRI 62 Item—V-J.4 PLANNING ITEM#67082 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of R & R TATTOO, LLC and 1479 GENERAL BOOTH, LLC for a Conditional Use Permit re a tattoo parlor at 1479 General Booth Boulevard DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of R & R TATTOO, LLC and 1479 GENERAL BOOTH, LLC for a Conditional Use Permit re a tattoo parlor at 1479 General Booth Boulevard (GPIN 2415565895)DISTRICT 6—BEACH The following conditions shall be required: I. A Business License for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any onsite signage for the Tattoo establishment shall meet the requirements of the City Zoning Ordinance (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 the doors. There shall he no window signage permitted. The building signage shall not be a "box sign", and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a Sign Permit. This Ordinance shall be effective in accordance with Section /07(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Sixteenth day of May, Two Thousand Seventeen. 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 Absent: Al. Benjamin Davenport Rosemary Wilson May 16, 2017 12,-• ,. ai"-----, --.---- -- ---___ 40 IIIii 10 Pe ( ..___ -- ---- .„ 03 .__ 1-•& _ N 1 0 4-,, •---_.,_ _______ • _ ----___ ._._ ----------- .....,_____ ..,_. --,.. .______... ______ -___ ,„ ....:-.--1:::::-------- - ....„_..„ i ......„..., _,. • z ? n 0 , 03 12 , / .______ ,- , : / i ( c7, 1- ',4') 1 V1S A - C N I N L----o ri7sk..\\ Cin L ,..,,,,, ---- ,„ ,_.). , via...... „ .,._... , c.„ 4\ 411 ' II iliall:- 0 E-- "{um _____________ .b. rn i ________, , if ______ 1 cc 63 Item—V-J.5 PLANNING ITEM#67083 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of REED ENTERPRISES, INC.for a Conditional Use Permit re an auto repair at 3249 Dam Neck Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of REED ENTERPRISES, INC. for a Conditional Use Permit re an auto repair at 3249 Dam Neck Road (GPIN 1495146175) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. The conditions of the 2016 and 2005 Conditional Use Permits for Motor Vehicle Sales and Rentals and Auto Repair Establishment shall remain in effect. 2. All motor vehicle repairs and painting shall take place inside the building. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 4. No outside storage of equipment,parts or materials shall be permitted. 5. No tires, merchandise or parts 'for sale"shall be displayed outside. 6. The Conditional Use Permit for the Automobile Repair Garage shall expire within three (3) years of the approval or upon the opening of the Automobile Repair Garage on the adjacent property located at GPIN 1495138628, whichever occurs first. 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, Sixteenth day of May, Two Thousand Seventeen. 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 Absent: M Benjamin Davenport Rosemary Wilson May 16, 2017 N th 0 Q / Q 1 - I 07((-9,4 - i / rd11 1 . � m C71 z Q z ft � ao ®® Q I Q N. n` r 1 (tN e O O , Tz i No o ) ___S MN N W nN is N N ♦• �O o NN N5 co 47 o ,...-Q00 \ , .00, . \\ c**- �- e o Q � V ` `c�rpj�p �1 A, Oo 6 V LL 0 0' < C) ' : 3).14 0 4 ca re * n `.< „,0 c . .t!,.- -- __ 4ilo ' _O /co4-/k ? .At -'- r � " lt ‹) 9Q4v P7 ilt sf. �C a ,„ C \�� 64 Item—V-J.6 PLANNING ITEM#67084 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of USF S&H VIRGINIA, LLC and DAM NECK CROSSING, LLC for a Conditional Use Permit re an indoor recreation at 1650 General Booth Boulevard DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of USF S&H VIRGINIA, LLC and DAM NECK CROSSING, LLC for a Conditional Use Permit re an indoor recreation at 1650 General Booth Boulevard (GPIN 2415541078)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The exterior building design, size and materials of the portion of the building occupied by the Applicant shall be substantially in adherence with the submitted elevation exhibits entitled, "EXTERIOR ELEVATIONS FOR ONELIFE FITNESS— DAM NECK GENERAL BOOTH BLVD, VIRGINIA BEACH VIRGINIA — ELEVATIONS OPTION A (Front Elevation and Side Elevation)" dated January 25, 2017, and prepared by Bernlohr Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 2. Any on-site signage shall meet the requirements of the City Zoning Ordinance (CZO). There shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows or the doors. There shall be no window signage permitted. The building signage shall not be a "box sign", and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a Sign Permit. 3. A Certificate of Occupancy shall be obtained prior to the operation of the Indoor Recreation Facility on this site. 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, Sixteenth day of May, Two Thousand Seventeen. May 16, 2017 65 Item—V-J.6 PLANNING ITEM#67084 (Continued) 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 Absent: M. Benjamin Davenport Rosemary Wilson *MAYOR SESSOMS FILED HIS DISCLOSURE LETTER May 16, 2017 ...-4,< N.N.,,,: L + 1 _..r -•-,/ I i / Li I dmoolA it I .€i' 014,• .. <4.41ET7 0 ..-s-"' Lj te < NO '6.4.44 OP 0 (N N f . *.''s\.. ,•....,411:,2.ri CI ter. 4/46,(/ ' . * �' r-�7r '• �:� � � r-- � r+L _ .3 > 441t, ' 44,4-.. 1'. ' ---'... - - .:;-- ii..44. -- 4*.a4.. I , 0 c:? , .., .r__,....... .. ........ T--- ..Z, ir'-'-- -.2. y. it - f i'. 7 _L-r�i,' ' - j+� 1� 4 , rrf�t. L f a�trv, r� ^-� r �• ✓ 0 V kr.)---7 LL``* y.,,l_ err' / -t_4.ti�. •i `- 1, '-.7 I ,%..,,L__2„,..,.... Fr `z ,? . r1 ,--____L..,,,,,,,,0 L ti a e` ti r +1 �. ict /,.. , dri.e; ., .2.K111:1 kti ,,,/k- � --r-� ' 4.-Y___";046: r C7 al.. . '-(4.941r.- iz. • sii, ----,,.__, . ,.,..� . • ____ • c,, „„_-_____„, •. „c L ---x__ ----- ______. ,...„, N4iis,,, t-r____ - __ „ „ I a • i':', 40100kir L._ • (D.0 .i"..1 f r`J ~ ic ' \ &'`'-i pi,.... _ -, '------____,-2 4/7 0;1 ,r___? . i ei 0,.. ----,___ ic *, 'a ir 4%4Tri* 4#1, 1.--? e' I ----Y 4-076 ..... ..--.."-.."'-+ <r ''''' iii1 41-----N---....,...Cji A t t, il''' I) Vii` r lorititr WT- __ __ rr - -_'~•„. tib f �' ,, r--) - -�-_ iti , 414rie 4,,,,.._,.----.,-.-.-,7 , M yy. 4 '. ' . : 41-r, 1 ,;,,` 4141.-„Ilt--....'*•-41 . 1,..., u4. 10' ,-,/f.' '' A _,M-..1--' . M :7 el at/ I I "eq.' r.l'rti �,j 11j -r al -7. ILi l•. r_ 'ti't j / air '� , r SS's �” ' • ' -fs`. f IL , f If r.. P ' '1'_ ti ti 1 \---13. I_��' ' Got' r City of Virginia Seaclz L � � y Cit 2 Op OUR NATI010 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com In Reply Refer to 0060595 May 16, 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(H) 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 USF S&H Virginia, LLC and Dam Neck Crossing, LLC for a conditional use permit for property located at 1650 General Booth Boulevard. 2. My wife has a personal interest in the Louise E. Martin Trust, and the trust has an ownership interest in 1660 General Booth Boulevard on which a restaurant is located. The restaurant is near the property that is the subject of this application. 3. I am a member of a group—persons with an ownership interest in restaurants near 1650 General Booth Boulevard—the members of which may be affected by this transaction. 4. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to the Trust is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have Mrs. Ruth Hodges Fraser -2- May 16, 2017 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code § 2.2-3112(A)(2) and 2.2-3115(H). Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, illiam D. Sessoms Mayor WDS/RRI 66 Item-V-J.7 PLANNING ITEM#67085 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of VALVOLINE INSTANT OIL CHANGE and TMK FAMILY TRUST, FREDERICK T. STANT, HI, TRUSTEE for a Conditional Use Permit re an auto repair at 2888 and 2890 Virginia Beach Boulevard DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VALVOLINE INSTANT OIL CHANGE and TMK FAMILY TRUST, FREDERICK T. STANT, III, TRUSTEE for a Conditional Use Permit re an auto repair at 2888 and 2890 Virginia Beach Boulevard(GPINs 1497365137, 1497364119)DISTRICT 6—BEACH The following conditions shall be required: 1. With the exception of any modifications required by any of these Conditions, the site shall be developed and maintained substantially in conformance with the submitted site layout entitled: "Site Plan", dated March 9, 2017, and prepared by Ceso. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The Landscape Plan shall be developed and maintained substantially in conformance with the submitted layout entitled: "Site Landscape Plan", on Page 8 of this report. 3. The design, size and materials of the building shall be substantially in adherence, with the submitted Elevation Exhibits, entitled "Valvoline Instant Oil Change Two Bay Right Hand Prototype Design (Exterior Elevations — Left Elevation, Right Elevation, Front Elevation, and Rear Elevation)" prepared by Ceso. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 4. As depicted on the Site Layout referenced in Conditions 1, a one (1) foot no ingress/egress easement shall be recorded along the property line at Virginia Beach Boulevard and North Lynnhaven Road West of the proposed entrance along Virginia Beach Boulevard to limit additional ingress/egress on Virginia Beach Boulevard and North Lynnhaven Road. 5. The freestanding sign shall be monument style with a brick base that matches the building and shall be no taller than eight (8)feet as measured from the ground to the top of the sign. 6. Any on-site signage shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows or the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a Sign Permit. 7. All vehicle repairs shall take place inside the building. May 16, 2017 67 Item—V-J.7 PLANNING ITEM#67085 (Continued) 8. No outside storage of equipment,parts or materials shall be permitted. 9. There shall be no outside storage or display of tires. 10. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 11. There shall be no storage containers outside the building or in parking spaces. 12. The dumpster shall be enclosed with either a solid fence or a wall constructed of brick that matches the building, not less than six (6) feet in height, and any required screening shall be installed in accordance with Section 245(e) of the City Zoning Ordinance(CZO)and the City of Virginia Beach Landscaping Guide. 13. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Sixteenth day of May, Two Thousand Seventeen. 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 Absent: M. Benjamin Davenport Rosemary Wilson May 16, 2017 7•<,,,,,.. /\.: . . 7ii, / z*, 4,,, ,.. b(T-7' O r ,,Ej, „, a:, m ... of,m <:\?, Lo 5.:_j g c--7, LI I -I:i 4'Jit?" / r rl Lir , r i , /... ' -4/ p ii■ J r alai" 1-.r � � ' a --- � r /// � , � ,„/ � 1r r �7 `lji / ___I .I . -_______/, / V / //ii*!ii Irt_ / /I* i g / II f z 01 Li II I I � i 1 1 ,g,.. 7 , ,tilt' /7 / .±.I / 12] L , co i Cill I 0 �"- ,,i.,.-. � < . ,)a3 c Mcc, r-- p, C� /°° N % 03 4' &. : ‘ ,Illk (.'1 ' , • /......... I 1--1 ((r...i ccl ---,,I kro \ \ , \ <\ co./N'. Ok esi li Ai r17. c''`J * '� , �, � � ,�0 L.,..... q �, ..., ,..-.0,,, , / !,„, \ \ 5. 1 i , /rl Ir. 1-.} • ' •. I '/V \' e- %.,-+A .'.. N \\ 40 , Z.\- -Iv\-- . 0 1 -.--\ ' - -- • ■ L _:______ 414 f "::.. .r -! , h, / .' r. If - yti 68 Item-V-J.8 PLANNING ITEM#67086 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of SMARTMOUTH BREWING CO., LLC and RUNNYMEDE CORP for a Conditional Use Permit re an open air market at 313 32"1 Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SMARTMOUTH BREWING CO., LLC and RUNNYMEDE CORP for a Conditional Use Permit re an open air market at 313 32nd Street (GPIN 2418928642)DISTRICT 6—BEACH The following conditions shall be required: 1. Unless otherwise approved for a Special Event Permit, one Food Truck shall be permitted within twenty(20)feet of the northern façade of the existing structure, as depicted on the proposed location exhibit titled, "Open Air Market CUP — Food Truck Exhibit. " 2. A permanent power source shall be provided on-site such that generators are not routinely relied upon. The operation of the Food Truck shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic or overflow parking. 3. The Food Truck shall not operate outside the hours of operation of the Craft Brewery. 4. The location of the Food Truck shall not interrupt the vehicular circulation or availability of the minimum number of required parking spaces for the Craft Brewery. 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, Sixteenth day of May, Two Thousand Seventeen. • May 16, 2017 69 Item—V-J.8 PLANNING ITEM#67086 (Continued) Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: M. Benjamin Davenport Rosemary Wilson May 16, 2017 II 11 I1 , ,I ,\ r1.1 1 Ce tit I 1 �� 1 I '1, 1 , s I ti ti ,1 , 0 "\ t' .,____------ c) aCIIIIICI Z -----\----5 \ 1 C! \ \ __ -_ '-,� 7!' .� - 'I I'll \, i� \s . 1 i .2 ill •.`•''r- 11It 111 _ -- '•I r1 IIIA -,q-x= _art I It I II IIII \ 1 illt ___5__--,._------)111 'i Iiii III 0 ' I, III Cle I 1\III It 11 'I 1 I 11� I '1 „Irj II ' 1'' I, II ' aiiCle '� -- _ II \ cj'- ''' S IT \ \---\ II I' 1 ' I, c\ ... '''1'11 11 - I _ -‘I, II I 0 I i'It II''1 1I\ Apoll INP IIIc _ _ III'1 I, 11111 1 1�= • Iii sio \ c,- 1 t r III' \S ''I� . \\,� `crA ��• �''ll Q I' }Iiiii :s - '11L_i^"1 _ _ 11''1 I'I 11�I 'I' - \ I -.-'-------- \ Iii i III It 1�' 'IIIt I 111 II '1 r -L,---- --- -- N t ti 11 I� 1 ......-- - NV 1, J y- :ITTT \ 1,ii T Itvie ' I ___ It • O Y 'r. 1 I� \_' ' ,\,,,., .,10.,._.. l` • I _ -�-` _ '0?-s,_•-11 ,11+ I, 1 �I � '111 �ii 11 \\11 'I I' -1� , I I 1 '1 1�� I I„ 1 t�i ■ �, 1 ' ' 11 1 %I1 \t ! -Ce.---N �r • , , I s�', V' .- \--1 ir- ,, 1\ Lti - N \ 7 .. 1 cpat;• Lgcy F z City of Virginia Beach Ly qAf x OUP NP,ON CH)! v.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2001 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23056-9000 In Reply Refer to 0060593 (757)385-0581 FAX(7571 385-5699 waessoms0vbgoemm May 16, 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 the application of Smartmouth Brewing Co., LLC for a conditional use permit for an open air market at 313 32od Street. 2. The applicants have disclosed that TowneBank is a financial services provider with respect to this proposed transaction. 3. I have a personal interest in TowneBank, which is located at 600 2214 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 70 ITEM V-K APPOINTMENTS ITEM#67087 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION— VBCDC May 16, 2017 71 ITEM V-K APPOINTMENTS ITEM#67088 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JASON BARNEY JOSEPH VORHEES and APPOINTED REAR ADMIRAL CARLTON"BUD"JEWETT, RET., USN JOASH SCHULMAN Four year term 07/01/2017—06/30/2021 2040 VISION TO ACTION COMMUNITY COALITION 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 Absent: M. Benjamin Davenport Rosemary Wilson May 16, 2017 72 ITEM V-K APPOINTMENTS ITEM#67089 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: ELLIOTT JONES BRENDA ROBERTS Four year term 07/01/2017—06/30/2021 ARTS and HUMANITIES COMMISSION 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 Absent: M. Benjamin Davenport Rosemary Wilson May 16, 2017 73 ITEM V-K APPOINTMENTS ITEM#67090 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: BARBARA S. BISHOP Unexpired term thru 06/30/2018 BIKEWAYS and TRAILS ADVISORY COMMITTEE 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 K Uhrin and James L. Wood Council Members Absent: M. Benjamin Davenport Rosemary Wilson May16, 2017 74 ITEM V-K APPOINTMENTS ITEM#67091 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JAMES A. CERVERA Three year term 07/01/2017—06/30/2020 CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM 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 K Uhrin and James L. Wood Council Members Absent: M. Benjamin Davenport Rosemary Wilson May 16, 2017 75 ITEM V-K APPOINTMENTS ITEM#67092 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: ROBERT M. DYER DAVID HANSEN BARBARA HENLEY Two year term 07/01/2017- 06/30/2019 HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Robert Al 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: M. Benjamin Davenport Rosemary Wilson May 16, 2017 76 ITEM V-K APPOINTMENTS ITEM#67093 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: LAWRENCE G.DOTOLO,PhD No term PROCESS IMPROVEMENT STEERING COMMITTEE 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 K Uhrin and James L. Wood Council Members Absent: Al. Benjamin Davenport Rosemary Wilson May 16, 2017 77 ITEM V-K APPOINTMENTS ITEM#67094 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: SUSAN CAMPBELL JOYCE WILLIAMS-BLAND Four year term 07/01/2017—06/30/2021 SOCIAL SERVICES 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 Absent: M. Benjamin Davenport Rosemary Wilson May 16, 2017 78 Item-V-N ADJOURNMENT ITEM#67095 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:13 P.M. / "4 ,da Finley-Barnes, MMC Chief Deputy City Clerk 'iLR/2-/_-2J R h Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia May 16, 2017