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02-06-2018 MINUTES
.4.„,.....° ,,,,, ,,:, O4 ( 6 6 .p 4\eociiars 44SS:RG1 a VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 6, 2018 Vice Mayor Louis R. Jones called to order the City Manager's Briefings on the FORT STORY FIRE STATION UPDATE in the City Council Conference Room, Tuesday, February 6, 2018, at 3:30 P.M Council Members Present: • Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. out of town 2 CITY MANAGER'S BRIEFINGS FORT STORY FIRE STATION UPDATE ITEM#67753 3:30 P.M. Vice Mayor Jones welcomed Chief David Hutcheson—Fire. Chief Hutcheson expressed her appreciation to the City Council for their continued support: Fort Story/VBFD Update up _ ,piiiiiiiiiiiin Fort Story VBFD . Working toward final agreement • 15 Recruits in training now . Security Office running background • All Engine equipment ready by March checks on VDFD personnel to allow , Developing station alerting plan II)cards to he issued . Selecting Captains&Crew Target May 2018 move in \ A 1 Chief Hutcheson advised IT equipment has been ordered: Fort Story/VBFD Update 111Mtzliiiilink . Ordering IT equipment . Items such as Devon washer and furniture will he purchased after move-in Vice Mayor Jones expressed his appreciation to Chief Hutcheson for this update. February 6, 2018 3 CITY MANAGER'S BRIEFINGS LAKE EDWARD COMMUNITY IMPROVEMENT INITIATIVE ITEM#67754 3:37P.M. Vice Mayor Jones welcomed Andrew Friedman, Director—Housing and Neighborhood Preservation and Melanie Coffey, Permit Administrator— Public Works. Mr. Friedman expressed his appreciation to the City Council for their continued support: LAKE EDWARD NEIGHBORHOODInformational Council Briefing February 6.2018 IMPROVEMENTS Andrew Friedman.Housing and Neighborhood Preservation Melanie Coffey.Public Works Here is an Overview of today's Briefing.: OVERVIEW •Civic League requested assistance with parking problems and neighborhood cleanup •Code enforcement is contracting for cleanups and placing liens on property, but the properties are owned by the defunct Lake Edward Corporation. •A multi-department group of staff identified potential improvements •We are proposing this plan for your consideration February 6, 2018 4 CITY MANAGER'S BRIEFINGS LAKE EDWARD COMMUNITY IMPROVEMENT INITIATIVE ITEM#67754 (Continued) The first concerns expressed by the Lake Edward Community were regarding four (4)properties owned by the defunct Lake Edwards Corporation: INVESTIGATION OF PROPERTIES ■Neighborhood t Yp' �f 11 Concerns p •Overgrowth of vegetation , •Illegal dumping •Parking of inoperable .r,o 1` vehicles C • ■Four properties identified that are owned by a defunct Al corporation INVESTIGATION OF PROPERTIES •Lots 1 and 2 located adjacent to the alley behind East Hastings Arch ■Used for overflow parking by • residents Lot 1 Lot 2 ir o- f 4r E N. ' - February 6, 2018 5 CITY MANAGER'S BRIEFINGS LAKE EDWARD COMMUNITY IMPROVEMENT INITIATIVE ITEM#67754 (Continued) INVESTIGATION OF PROPERTIES • Lot 3 is a wooded area located - _ adjacent to the alley behind 1( West Hastings Arch o\ •Lot 4 consists of the lake Lot3 Lot4 PAWS 410 The four (4) properties have liens totaling over $37,000; however, there is no one to collect with no known owner. The real estate property taxes are also delinquent: INVESTIGATION OF PROPERTIES • Housing and Neighborhood Preservation has been using a third-party contractor to maintain these properties for many years • Liens totaling over $37,000 have been placed against these properties; however, the city is unable to collect as there is no known owner •The real estate property taxes are delinquent and the City Treasurer does not intend to pursue the sale of these properties February 6, 2018 6 CITY MANAGER'S BRIEFINGS LAKE EDWARD COMMUNITY IMPROVEMENT INITIATIVE ITEM#67754 (Continued) Ms. Coffey advised Staff recommends the City acquire Lot 1 with these specific improvements: IMPROVEMENTS TO LOT 1 ■City to acquire lot ■Construct a paved area with Stormwater \ '� Management to provide additional parking •Estimated Total Project '' Cost $170,000 L "4Ey. h Staff recommends the City acquire Lot 2 with these specific improvements: IMPROVEMENTS TO LOT 2 ■City to acquire lot •Construct a paved area �. with Stormwater Management to provide additional parking •Estimated Total Project Cost $235,000 fib February 6, 2018 7 CITY MANAGER'S BRIEFINGS LAKE EDWARD COMMUNITY IMPROVEMENT INITIATIVE ITEM#67754 (Continued) Staff recommends the City acquire Lot 3 with these specific improvements: IMPROVEMENTS TO LOT 3 •City to acquire lot and mow grass area between woods and alley behind West Hastings Arch iq •Lot to remain wooded with no physical improvements 411 ,r recommended Staff recommends the City make these improvements adjacent to Lot 4: IMPROVEMENTS ADJACENT TO LOT 4 •Install a guardrail adjacent in the right-of- way between the alley , and the lake q •To prevent vehicles 111WwW1 going into the lake c a' ■Estimated Total Project Cost $65k February 6, 2018 8 CITY MANAGER'S BRIEFINGS LAKE EDWARD COMMUNITY IMPROVEMENT INITIATIVE ITEM#67754 (Continued) Here are the recommended 'future improvements" to Lot 4, the lake, with future water quality improvement project: FUTURE IMPROVEMENTS TO LOT 4 • Future Water Quality Improvement Project •Supports Chesapeake Bay and Local Bacteria TMDLs • r •Acquire easements for construction and maintenance through ,_• dedication • Estimated Total Project Cost $2.9M r',' . l d !!!mss Possible :} �•"'A KEMPS LAKE Improvements: WATER QUALITY • Fill to stabilize PROJECT bank slopes - similar project • Wetland I to Lake Edward planting areas — • Sediment trapping areas {r • Aeration , systems K";1111111r 4 12 February 6, 2018 9 CITY MANAGER'S BRIEFINGS LAKE EDWARD COMMUNITY IMPROVEMENT INITIATIVE ITEM#67754 (Continued) Here is an Overview of the Implementation Plan: IMPLEMENTATION PLAN ■Initial Improvements - $470,000 •Acquire Lots 1, 2, and 3 through Special Commissioner Process - VA Code § 58.1-2370.1 (Legal/Title) plus forgiveness of existing taxes/liens •Design, Permitting and Construction of parking improvements on lots 1 and 2 •Install guardrail in right of way adjacent to lot 4 IMPLEMENTATION PLAN ■Future Improvements - $2,900,000 •Initiate the process to obtain dedication of easements needed for construction and maintenance of the project from adjacent property owners •City's future acquisition of Lot 4 will be conditioned on dedication of all necessary easements by adjacent owners •Program Project for Design, Permitting, and Construction February 6, 2018 10 CITY MANAGER'S BRIEFINGS LAKE EDWARD COMMUNITY IMPROVEMENT INITIATIVE ITEM#67754 (Continued) Here is an Overview of the Funding Plan: FUNDING PLAN ■Initial Improvements - $470,000 •CIP 2-111 Traffic Safety Improvements IV •Includes:Acquisition of lots 1. 2 and 3, and design, permitting,and construction of parking improvements •Operating Budget •Includes: Installation of guardrail adjacent to lake and additional mowing of acquired properties •Future Improvements - $2,900,000 •CIP 7-406 Elizabeth River TMDL Implementation Plan POTENTIAL SCHEDULE Action Potential date Coundl authorization to acquire Lots i,2&3 March,2018 Complete property acquisition processon Spring.2019 Lotsi,2&3 Begin Improvements on Lots 1 end 2 end guardrail along lake Summer.2019 Stormwater quality Improvement project- begin pre-project processes Including Spring,2019 outreach,plats,and easement acquisition February 6, 2018 11 CITY MANAGER'S BRIEFINGS LAKE EDWARD COMMUNITY IMPROVEMENT INITIATIVE ITEM#67754 (Continued) SUMMARY • Proposed improvements address issues presented by the Civic League and reduces future code enforcement costs •Acquisition of the properties by the city will allow for ongoing regular maintenance • Future Council action needed to acquire the properties • No new Council appropriations will be requested • Future water quality improvements support MS4 Stormwater Permit Compliance Andy Frlodman Housing and THANK YOU! Proieb arllond YOUR QUESTIONS AND COMMENTS Melenlo fey Public WoCotrks 18 Vice Mayor Jones expressed his appreciation to Mr. Friedman, Ms. Coffey and Staff for this informative briefing. February 6, 2018 12 CITY MANAGER'S BRIEFINGS FEMA REIMBURSEMENT FUNDS ITEM#67755 3:53 P.M. Vice Mayor Jones welcomed Phil Pullen, in place of Tonia Alger as she had an emergency today. Mr. Pullen expressed his appreciation to the City Council for their continued support: IIFEMA Reimbursement Funds — sir' ',a ,1 Windsor Woods Stormwater , F _= Projects . 1:, Toni Alger,n-Stormwater Engineering Cente'Administrator }� i. ` February F 2oi8 +� f EV(:. is Beach Here is an Overview of the project: Overview •The City received a reimbursement of$5,292,784 from FEMA for costs associated with Hurricane Matthew and these funds are available for appropriation • Review Flood Control Projects in the Approved FY18 CIP Based on the Fifteen Year$300M Funding Program • Discuss Three Projects submitted to VDEM for FEMA Flood Mitigation Assistance Grant BVirginia Beach February 6, 2018 13 CITY MANAGER'S BRIEFINGS FEMA REIMBURSEMENT FUNDS ITEM#67755 (Continued) Here is the Flood Control Projects in the Approved FY2018 CIP based on the fifteen (15) year, $300- Million Funding Program: Flood Control Projects in the Approved FY18 CIP Based on the FifteenYear $3ooM Funding Program Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Total Project ATD6-Year FY 18 FY 19 FY 20 FY21 FY22 FY23 Funding Windsor Woods $3.8M $2M $1.5M $1.0M $5.0M $5.0M $2M $16.5M Princess Anne 0 $2M $3.0M $4.0M $4.0M $2M $5.0M $20.0M Plaza The Lakes 0 $2M 0 0 0 0 0 $2.OM Total $3.8M $6M $4.5M $5.0M $9.OM $7.0M $7.0M $38.5M *Note:Operations&Maintenance and Water Quality is approximately sio4M,Flood Control is approximately 5196M Virginia Beach 1:.;71-1' Eastern Shore Drive • Windsor Woods, Central Beach District Princess Anne Plaza . The Lakes 4, ''•;,tett,' ...114);t1 i- i r' ,$;..'rY .1 Wi(i4 76it‘'Ij -.' -1 0, 4 Sherwood Lakes Ashville Park February 6, 2018 14 CITY MANAGER'S BRIEFINGS FEMA REIMBURSEMENT FUNDS ITEM#67755 (Continued) These three(3)projects were submitted to VDEM for FEMA Flood Mitigation Assistance Grant: Three Projects submitted to VDEM for FEMA Flood Mitigation Assistance Grant • Project i—$4.2 M • 4,813 If of pipe improvements o South Plaza Trail from Rosemont Road to Presidential Boulevard to Presidential Canal • Project 2—$948 K • 1,415 If of pipe improvements o Old Forge Road to Red Lion Road to Presidential Canal • Project 3—$201 K • 445 If of pipe improvements o Kings Point Court to Presidential Canal S wiginia Beach Here are the Project Stipulations; however, it is important to note this will not provide full flood benefit until all improvements are constructed: Project Stipulations • Projects were chosen based on the following criteria: o Provide localized flood control o Compatible with the ultimate program of flood control measures o Begin construction within 3 years of the application date(September 2020) • Full flood control benefit will not be realized until the downstream and dredging improvements are constructed. Scope of the solutions: • goo-cfs pump station o Gated control structure o Rectangular box culverts connecting Lake Trashmore to Lake Windsor o Dredge 2,048 If of Thalia Creek that outfalls to Lake Windsor adjacent to MountTrashmore o Dredge 3,90o If of Presidential Canal—Under construction(Complete June 2018) o Dredge 1,726 If Windsor Oaks West Ditch—Construction Complete t ♦bv�N �L ♦1 J 1 � Beach February 6, 2018 15 CITY MANAGER'S BRIEFINGS FEMA REIMBURSEMENT FUNDS ITEM#67755 (Continued) Project 1 includes adding 4,813 linear feet of new pipe along South Plaza Trail and Presidential Boulevard to the outfall at Presidential Canal. This will help reduce the street flooding that occurs on South Plaza Trail between Rosemont Road and Presidential Boulevard: ! 1 •` 1 ii norz imao..m.ae Y - - `,, • Gree Como S�.v.e P" ItqrY - o.ae.e,w.o orn •�. t• ' cy rev cw.rn 107° `.- :;. = , , . . •t, '�ct1r j 4 : `� r . c. i am �, mays"'ST ,R p4T�. , F g x,d. •Y4, `- s ' -,-;,•...:7,-.7-15-,t---,eq1 14 .. ' t ,, ilk s- •_Y�7R� ¢rte .. .'i;OL VV.;.. J.. sq.r.A4 e Prowl m.e..,«t.e,r..,.. With If this project were to receive funding now, construction can begin in July 2020: Project 1 Feature Type Description Pipe Improvements P1.1 Addition Construct 74 LF of 91-inch by 58-inch Reinforced Elliptical Concrete Pipe from Presidential Boulevard to outfall at Presidential Canal P1.z Addition Construct 471 LF of 68-inch by 43-inch Reinforced Elliptical Concrete Pipe along Presidential Boulevard from Starlighter Drive to the proposed pipe described in Item P1.1 Construct 2745 LF of 68-inch by 43-inch Reinforced Elliptical Concrete Pipe along P1.3 Addition Presidential Boulevard from Bentley Gateway to south of Starlighter Drive P1.4 Addition Construct 1523 LF of 30-inch Reinforced Concrete Pipe along South Plaza Trail from S Rosemont Road to Presidential Boulevard Begin Construction—July 2020 VIJVirginia Beach February 6, 2018 16 CITY MANAGER'S BRIEFINGS FEMA REIMBURSEMENT FUNDS ITEM#67755 (Continued) Project 2 includes adding 1,415 linear feet of new pipe along Old Forge Road and Red Lion Road to the outfall at Presidential Canal. This will reduce the street flooding that occurs on Old Forge Road: n. t'' ', -WA' Y' ' G is■ Ger. ::::.,.,• ^ ?j 'V _ -Mg.• �j� ®n.na.wa.wa �i 4 /e,ml�e '� D:. • .� 4aWe1Y"4 1 • x ;i,-9 • ifs yti, :,. w "0‘ 00, „myie + y.it- / ,e SE ,`vim {-�- .G -1 .4v.A-2 wIna.a Woods.ropooe.OAamipmm walefI oel. With If this project were to receive funding now, construction could begin in January 2020: Project 2 Feature Type Description Pipe Improvements Px.x Addition Construct 56o LF of 36-inch Reinforced Concrete Pipe along Red Lion Road to outfall at Presidential Canal Construct 855 LF of 3o-inch Reinforced Concrete Pipe along Old Forge Road that connect P2.2 Addition to the pipe described in Item P.2.2 Begin Construction—January 2020 ikiVirginia Beach February 6, 2018 17 CITY MANAGER'S BRIEFINGS FEMA REIMBURSEMENT FUNDS ITEM#67755 (Continued) Project 3 includes adding 445 linear feet of new pipe between Old Forge Court and Kings Point Road to the outfall at Presidential Canal. This will reduce the street flooding that occurs on Old Forge Court: - N 6 l III9I:r ...d.. f--.117c IIwa w tillt ■ Wed '"f. 6 New Naos 'ice r..l-�,-4740 "0'-' - -,`. —N.awn - • - 7 —CmPero*oC niv CMM • \ ? . ' . '' Ir.,3- •:-"" . t '4.,'•"""-;• ..3"1': - i' '..; . , ,• ' .ii*,-7;31kV :I.7.4';''34%7S7". •*7- •-717777-,. "'-.-j•-•-.4,"VC/1" ,t''' . .. k • L - S. - tib • rwUeAa C j ,"naso,, . : . aMi.mmo. m�ith If this project were to receive funding now, construction could begin in July 2019: Project 3 Feature Type Description I Pipe Improvements P3.1 Addition Construct 140 LF of 14-inch Reinforced Concrete Pipe north of Kings Point Road to outfall at Presidential Canal P3.1 Addition Construct 305 LF of 18-inch Reinforced Concrete Pipe north of Old Forge Court that connects to the pipe described in Item P.3.1 Begin Construction July 2019 --- "----- 1111‘111111a11.111111101111,11�7w 'niaBeach February 6, 2018 18 CITY MANAGER'S BRIEFINGS FEMA REIMBURSEMENT FUNDS ITEM#67755 (Continued) Summary •The City has received a reimbursement of$5,292,784 from FEMA for costs associated with Hurricane Matthew and these funds are available for appropriation • The total estimated cost of the 3 projects submitted for the FEMA Flood Mitigation Assistance Grant is$5,349,000 • Staff recommends appropriating this funding now to CIP 7-028,Windsor Woods Drainage, which will allow these projects to begin construction within 2 years VISvirginia Beach DISCUSSION t EE • • .060 Virginia Beach Vice Mayor Jones expressed his appreciation to Mr. Pullen for this informative briefing. February 6, 2018 19 CITY MANAGER'S BRIEFINGS SPORTS CENTER PPEA INTERIM AGREEMENT ITEM#67756 4:11 P.M. Vice Mayor Jones welcomed Ronald H. Williams, Jr., Deputy City Manager. Mr. Williams expressed his appreciation to the City Council for their continued support: GN 1 Virginia Beach Convention & Visitors Center Sports Center - PPEA City Council Informational Briefing February 6,2018 All three(3)proposals received were high quality conceptual submittals and, as such, Staff recommends moving forward to the detailed phase: PPEA Process Overview SoiKnwKn Rea.. Dlfaion RetMa SlMagn IntHaT 1:4M.066of Pont' to Profae0 anE d Pubin IlyaenrM ERIK contemual Evaluateto EvxPxe PnW,nd Nein PPil� PeoPotah PI ..'. D."l" OxalllE P.:~ "ng BY Cay aEq Ph.e ProPosab CWM emus Conceptual Phase Detailed Phase REV 1111 February 6, 2018 20 CITY MANAGER'S BRIEFINGS SPORTS CENTER PPEA INTERIM AGREEMENT ITEM#67756 (Continued) Tonight's Public Hearing - 3 Reponses to PPEA RFP Price 5 WaCk r' Simpsoney E �+• m Hary MEB :, Phase 5 Performance CGeneral Contract= L A R K N • E X S E N HANBURY ELEL 111 "' A COM MAN MOM= carEs ELLI Selection of Design - Build and Operator Teams Recommended Design-Builder milammi CLARKNEXSEN® n HANBURY GentrEal Co,,b don Recommend Operator 61— N/��YiPON February 6, 2018 21 CITY MANAGER'S BRIEFINGS SPORTS CENTER PPEA INTERIM AGREEMENT ITEM#67756 (Continued) Here is the Summary of Material Terms of interim agreement to be considered on February 201h: Summary of Material Terms Sports Center (CIP 9-041) PPEA Interim Agreement (Design-Build) Parties:City of Virginia Beach and MEB General Contractors, Inc. Purpose:Advance PPEA process toward the development of a comprehensive agreement for the design and construction of the Sports Center by funding certain activities such as preliminary design and development of a guaranteed maximum price. Term:Date of execution until November 1,2018.However, the Interim Agreement will terminate upon one of three things:(a)execution of a comprehensive agreement;(b) either party providing notice of its intent to not proceed with the development of the project;(c)the expiration of the term Summary of Material Terms Sports Center (CIP 9-041) PPEA Interim Agreement (Design-Build) Work Items: 15%design and engineering;surveying;preliminary site work; detailed project delivery schedule;development of offer of guaranteed maximum price. Cost: Not to exceed$2,336,971 Developer Team:Construction Contractor:MEB General Contractors,Inc. Architects: Clark Nexsen;Hanbury;Integrated Consulting Group Mechanical/Electrical/Plumbing:Clark Nexsen Structural:Clark Nexsen Civil Engineer:Clark Nexsen Geotechnical: GET Solutions Hydraulic Track Consultant: Beynon Sports Surfaces Legal: Vandeventer Black LLP February 6, 2018 22 CITY MANAGER'S BRIEFINGS SPORTS CENTER PPEA INTERIM AGREEMENT ITEM#67756 (Continued) Draft Summary of Material Terms Sports Center (CIP 9-041) PPEA Interim Agreement (Operating) Parties: City of Virginia Beach and Eastern Sports Management Purpose:Advance PPEA process toward the development of a comprehensive agreement to operate and manage the Sports facility for a maximum oftwentyyears. Term: Date of execution until November 1,2018. However,the Interim Agreement will terminate upon one of three things: (a)execution of a comprehensive agreement; )either party providing notice of its intent to not proceed with the development of the project; (c) the expiration of the term Draft Summary of Material Terms Sports Center (OP 9-041) PPEA Interim Agreement (Operating) Work Items: (1)Owner's representative consulting fee; (2)Detailed operations proforma; (3)Staffing plan; (4)Marketing plan(in consultation with CVB Sports Marketing; (5)Operator engagement fee; (6)Analysis of risk sharing model,including operator investment; (7)Draft operating agreement:construction period&20-year term Cost: $150,000 February 6, 2018 23 CITY MANAGER'S BRIEFINGS SPORTS CENTER PPEA INTERIM AGREEMENT ITEM#67756 (Continued) Here are the Next Steps: Next Steps 1. February 6-Public Comment on PPEA Submitted Proposals 2. February 20—Design-Build Interim Agreement Ordinance 3. March—Operating Interim Agreement Ordinance Vice Mayor Jones expressed his appreciation to Mr. Williams for this update. February 6, 2018 24 CITY COUNCIL LIAISON REPORTS ITEM#67757 4:27 P.M. Councilman Moss advised tonight's Agenda has a proposed Ordinance for the new Deferred Compensation Plan and encourages everyone to support this proposal. Staff has worked hard to inform the employees. February 6, 2018 25 CITY COUNCIL LIAISON REPORTS ITEM#67758 (Continued) Councilman Uhrin advised Ocean's 75° Anniversary is coming up and would like to get updated information on the plans and how the City plans to participate. February 6, 2018 26 CITY COUNCIL LIAISON REPORTS ITEM#67759 (Continued) Council Lady Wilson advised a group, including three (3) students, with the Historic Preservation Commission is traveling to Richmond on Wednesday. They will meet with the Governor and the students will discuss legislation with the delegates and attend a reception hosted by Preservation Virginia. February 6, 2018 27 CITY COUNCIL LIAISON REPORTS ITEM#67760 (Continued) Council Lady Henley advised it is so important to keep citizens involved and advised of what the City is working on especially regarding the Stormwater presentation. February 6, 2018 28 CITY COUNCIL LIAISON REPORTS ITEM#67767 (Continued) Council Lady Abbott advised owners of Food Trucks intend to attend tonight's meeting and raise some fair points regarding the restrictions and difficulty these business owners have in trying to properly operate in the City. She would like to create a subcommittee under the Process Improvement Steering Committee and advised she will volunteer to serve as Council Liaison. February 6, 2018 29 CITY COUNCIL COMMENTS ITEM#67762 4:31 P.M. Councilman Moss advised he reads a lot of other news sources in hopes to understand homelessness. Interestingly, Los Angeles spent in excess of$100,000-Million over the last four(4)years without seeing any significant changes in the population. It is important to understand what did not work and use that information when studying homelessness in the City and the Region. February 6, 2018 30 AGENDA REVIEW SESSION ITEM#67763 4:33 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Sections 2-121 and 2-123 of the City Code re: Deferred Compensation Plan 2. Resolution to ADOPT the Commonwealth of Virginia 457 Deferred Compensation Plan 3. Resolution to ADOPT the Virginia Cash Match Plan as the Successor to the Sheriff's Supplemental Retirement Plan 4. Resolution to REITERATE OPPOSITION to Offshore and Gas Exploration SEEKING the same EXEMPTION provided to the State of Florida 5. Ordinance to APPROVE the sale of School Board property located at 273 North Witchduck Road and ALLOW the School Board to retain the sale proceeds 6. Ordinance to DECLARE property located at 2305 Indian Hill Road and a permanent utility easement encumbering the adjacent lot to be in EXCESS of the City's needs and AUTHORIZE the City Manager to convey the property to Sylvia Thomas Clark and to VACATE the easement 7. Ordinance to AUTHORIZE temporary encroachments into a portion of an existing City right-of-way known as Viking Drive located at the front of 536 Viking Drive DISTRICT 6-BEACH 8. Ordinance to ACCEPT and APPROPRIATE from the Virginia Department of Emergency Management to the Office of Emergency Management's FY 2017-18 Operating Budget a. $3,500 re: City's Radiological Preparedness Program h. $15,000 re:medically friendly shelter exercise c $19,000 re: Community Emergency Response Team (CERT) 9. Ordinance to ACCEPT and APPROPRIATE: a. Option 1: $5,292,784 to CIP 7-041 re: Central Resort District Drainage Improvements b. Option 2: $5292,784 to CIP 7-028 re: Windsor Woods Drainage — (REQUESTED BY ALL COUNCIL MEMBERS) ITEM#4 WILL BE CONSIDERED SEPARATELY COUNCILMAN MOSS WILL ABSTAIN ON ITEM#4 ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#9a/b WILL BE CONSIDERED SEPARATELY February 6, 2018 31 AGENDA REVIEW SESSION ITEM#67763 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. CONSUMER PROPERTIES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re:lot area and width at 2311 Busky Lane DISTRICT 6—BEACH 2. MICHAEL BINETTI & JEFFREY MURPHY for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re: direct access to a public street and lot width at the West side of Riddick Lane DISTRICT 7—PRINCESS ANNE 3. HH VB2, LLC for Modification of Conditions re: alternations to existing single-family home and to the apartment building at 400 33''Street DISTRICT 6—BEACH 4. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC and SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business to Conditional A-24 Apartment at 173 North Witchduck Road DISTRICT 2—KEMPSVILLE 5. LARRY GARRISON&HILLTOP INVESTORS,LLC for a Conditional Use Permit re: motor vehicle sales at 1805 Virginia Beach Boulevard, Suite 102 DISTRICT 6 — BEACH 6. LUCIANA CRESPO & THE BRUCE W. & ELLEN B. GALLUP JOINT REVOCABLE INTER VIVOS TRUST AGREEMENT, DATED DECEMBER 21, 2015, for a Conditional Use Permit re. tattoo parlor at 325 First Colonial Road DISTRICT 6 — BEACH 7. LYNNHAVEN MALL, LLC for a Major Entertainment Venue Signage Permit at 701, 739, 745, 757 & 773 Lynnhaven Parkway; 1001, 1005 & 1009 Lynnhaven Mall Loop DISTRICT 3—ROSE HALL ITEM#4 WILL BE CONSIDERED SEPARATELY February 6, 2018 32 ITEM#67764 Vice Mayor Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: 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 • Princess Anne District • Princess Anne District • Princess Anne District • Beach District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding.specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Possible Opioid Litigation PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of speck public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees February 6, 2018 33 ITEM#67764 (Continued) Upon motion by Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 4:45 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr., Closed Session 4:45 P.M. - 5:58 P.M. *COUNCILMAN MOSS STEPPED OUT DURING THE LEGAL MATTERS REGARDING POSSIBLE OPIOID LITIGATION February 6, 2018 34 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 6, 2018 6:00 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall. on Tuesday, February 6, 2018, at 6:00 P.M Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson, John K Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. INVOCATION: Reverend David Lambert Pastor, Exceed Life Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ('Berkshire Hathaway"), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. February 6, 2018 35 Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to idents any matters in which she might have an actual or potential conflict. If during her review of an agenda, she identifies a matter in which she has a "personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter offune 2, 2015, is hereby made a part of the record. February 6, 2018 36 Item—VI-E CERTIFICATION ITEM#67765 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. *COUNCILMAN MOSS STEPPED OUT OF THE CLOSED SESSION DURING THE LEGAL MATTERS REGARDING POSSIBLE OPIOID LITIGATION February 6, 2018 S#0A'6f9C99 4:::.2• .. % __ c._%... ,.. 5, RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#67764 Page 33 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. Amanda Barnes,MMC City Clerk February 6,2018 37 Item -VI-F MINUTES ITEM#67766 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 16,2018. Voting: 10-0 Council Members Voting Aye.' Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. February 6, 2018 38 ADOPT AGENDA FOR FORMAL SESSION ITEM#67767 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 6, 2018 39 Item - VI-H MAYOR'S PRESENTATION ITEM#67768 PROCLAMATION African American Heritage Month Dr.Amelia N.Ross-Hammond, Founder and Executive Director of Project Management African American Cultural Center Vice Mayor Jones presented a Proclamation calling upon the citizens, government agencies,public and private institutions, businesses and schools in Virginia Beach to recognize the contributions of African American to the history and development of the city, slate and nation and to commemorate this month with appropriate activities. Dr. Ron-Hammond expressed her appreciation to City Council for their continued support. February 6, 2018 4-01 r 9roc a acttou abopfe((African descent have corrugated to the community in Virginia(Beathfor near{&400 yeast and WARM lie gmnmCtonmummation of the gistonea[nmhitutimu afAfricanAaenrans in'44rginia and esta6GtfiedasNegro Hatay Weekdt 19266y a native'Virginian,Caner G. Woodsow and Want* 41esi/mtGndd$,Tor devarrdedthis commemoration and cerebration to encompass Mack SCutory 2Wonth it 1974 and Wyttfi S Sinn 1994 theOetdens oft6e 41nitedStates has ittwdan annm(prodamationforNatiom( AfrttunAtmtican94rtoy Sion*and SS 9&e them eft&commemoration in 2018 is Afiinusibnericansin?onesofwM•and Wraintt Afmmufatenmatfoe Virginia Match haw sena&onme6(y ard6nevdy in timer ofwar, incidents Xies lases,who war born astave inaiinoutfwne Canny antwitaamdrdt& NueifNonorforhisactions on the 6aWefddia the Saute of%ewNarrow%eights in 1864; and COWS *ginning in 1619,94aayAfntanAmericans were brought to S•4r8^ria against their wig and were edaaedfortheir b6ntpsy1865,•and. a%G S6ryinia pearl is one of the oWestfmffnvnAmrican communities in the thtitedhtate;44 ,73: W istingustasSfodgeswas the feu tffricanAmaimn octet Oa,representing Thrums Cbwtty lathe State CmsthutiondCoatntion of1867-6k and ithlEtlia Africai;meriww have ouatmuenslaysme4 efiscrisinationan(adversiy to mars fpositive contributions it education,Staines;government,mtEua y,sntertai niew satin antral/onus .jenterp e,service aidatdiavemnt in%gaja(Bac&tie Coemrtmm$6of'Wginis adthe 'initadStatesOnsivim,•and Ithhhhint 7he144yorandCiy Cowwthaupfrats tit nide alone*ifanRfrironfinersan Odwsa(Cowes • hi'Virginia quad asa hubforAfmrmifmn*cin adage adhistory sang norm I.714aiam a.swans,In,Wasvrofde City crier-gide(Beach Virginia,do&why poda&a: February 2018 Jdfrican American J1eritage Ninth In'G6guda(Beach,andfanhernmmsca(upon the citizens government agencies,pub&andprnate ixuitsyors, busawssesandnh wain Urg&da(Beach to recognize the contributions efAfntanfinemmnt to the history and development(the city state andnatiatandio commemorate this month withappopiae activities, In Witness 4Yhenof,I have hereunto set my hand adrawedthe Offs&a(geadi fthe Cry of1grginia(Beark 'G61011°,to StaJfvpdtrisSAO dayafce6nmy,Two 4housardand'pigkeen. • - _ %!fain Sessoa;,7r. Mayor 40 Item - VI-I BID OPENING ITEM#67769 Vice Mayor Jones advised: BID OPENING FOR LEASE OF CITY PROPERTY 15`h Street Pier Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been received for a proposed lease of a portion of City-owned property located immediately north of the existing 15* Street Pier, extending from the boardwalk easterly to the eastern boundary of City-owned property in the Atlantic Ocean, and being approximately 250 feet wide(north/south) Two bids have been received, as follows: 1. The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia, has bid: 40 year lease term. Rent of$1.00 per year. Lease the subject property from the City of Virginia Beach for the purpose of participating in the development of a new concrete pier. 2. Wool Service Supply&Logistics,LLC, a Virginia limited liability company, has bid: - 40 year terms. Rent$12,000 per year. - Total rent for 40 years, $480,000. Are there any other persons desiring to submit a bid at this time? There being no further bids, the bidding is closed. The staff will evaluate the bids that have been received and make its recommendations to the City Council concerning the proposed lease at a future meeting. February 6, 2018 41 Item- VI-J PUBLIC COMMENT ITEM#67770 Vice Mayor Jones OPENED the PUBLIC COMMENT: SPORTS CENTER PPEA PROPOSALS The following individuals registered to speak Tricia Riley, 3445 Newcastle Road, Phone: 270-5395, spoke in SUPPORT. Winston Bersch, 1403 Pandoria Court, Phone: 635-6865, spoke in SUPPORT John Zirkle, 233 Bridge Landing Court, Phone: 348-4844, spoke in SUPPORT. Kate Pittman, 2416 Huckleberry Trail, Phone: 407-0767, spoke in SUPPORT Cheryl Smith, 754 Casual Court, Phone: 831-9360 Lauren Bland, 5748 Cheyenne Circle, spoke in SUPPORT Mark Waite, 2409 Hayloft Lane, Phone: 650-7231, spoke in SUPPORT. Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION. Jimmy Capps, 940 Cardinal Road, Phone: 428-1821, spoke in SUPPORT. BJ Bauman, 308 Mediterranean Avenue, Phone: 422-5654, spoke in SUPPORT Kevin Martingayle, 211 61n Street, spoke in SUPPORT Jackson Martingayle, 211 61"Street, spoke in SUPPORT Barbara Messner, spoke in OPPOSITION. There being no additional speakers, Vice Mayor Jones CLOSED THE PUBLIC COMMENT February 6, 2018 42 Item - PFK ORDINANCES/RESOLUTIONS ITEM#67777 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED, BY CONSENT:Agenda Items I, 2, 3, 6, 7 and 8a/b/c Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. February 6, 2018 43 Item -VI-ILI ORDINANCES/RESOLUTIONS ITEM#67772 Upon motion Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Sections 2-121 and 2-123 of the City Code re: Deferred Compensation Plan Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, At Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 1 AN ORDINANCE TO AMEND SECTIONS 2-121 AND 2 2-123 OF THE CITY CODE PERTAINING TO THE 3 DEFERRED COMPENSATION PLAN 4 5 Sections Amended: §§ 2-121 and 2-123 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Sections 2-121 and 2-123 are hereby amended to the Code of the City of 11 Virginia Beach, Virginia to read as follows: 12 13 Sec. 2-121. - Plan established. 14 15 Pursuant to the Government Employees Deferred Compensation Plan Act, section 16 51.1-600 et seq. of the Code of Virginia, 1950, as amended, the city hereby adopts and 17 establishes a plan of deferred compensation for its employees dated the twenty-third day 18 of March, 1981. The purpose of the plan shall be to provide for the deferral of 19 compensation to the participants. The plan shall exist in addition to all other retirement, 20 pension or other benefit systems available to the participants, and shall not supersede, 21 make inoperative or reduce any benefits provided by any other retirement, pension or 22 benefit program established by law. 23 24 On behalf of the employer, the city manager is hereby authorized and directed to 25 execute and deliver the plan to the plan administrator. The plan shall contain such terms 26 and amendments as the city council may from time to time approve. The city council shall 28 29 30 Those employees participating in the hybrid retirement plan authorized by Code of 31 Virginia § 51.1-169 shall be directed to the Deferred Compensation Plan of the 32 Commonwealth of Virginia in lieu of the plan established above. 33 34 The City Council hereby authorizes the adoption of the Commonwealth of Virginia 35 457 Plan, managed by the Virginia Retirement System, as the City's Deferred 36 Compensation Plan subiect to the periodic oversight and direction of the deferred 37 compensation board. 38 39 2-122. Board—Established. 40 41 There is hereby created a deferred compensation board, consisting of city 42 employees. The City Council hereby appoints the Director of Finance, the Director of 43 Human Resources, the Employee Relations Manager, and the Payroll Administrator to 44 the board. The City Council will appoint one (1) Councilmember and one (1) member 45 from the Sheriffs Office and three (3) members from Schools, one of which shall be the 46 Schools Chief Financial Officer and one of which shall be a School Board member. The 47 City Manager may appoint up to three (3) additional board members from the deferred 48 compensation plan participants. The board members appointed by the City Manager 49 shall serve terms of three years from the date of appointment. Notwithstanding the 50 previous sentence, all members of the deferred compensation board shall serve at the 51 pleasure of the City Council. The terms of the members of the deferred compensation 52 board shall not be limited by the restrictions of City Code § 2-3. 53 54 2-123. Same- Powers. 55 56 The deferred compensation board is hereby granted the power to do all things by 57 way of supervision, administration and implementation of a plan of deferred 58 compensation, including but not limited to the power to contract with private corporations 59 or institutions for service in connection therewith; however, nothing contained in this 60 section shall be construed to authorize the deferred compensation board to act beyond 61 the limits of the plan. Because the City Council has authorized the participation in the 62 Commonwealth of Virginia 457 Plan, the supervision of such plan by the board shall be 63 the regular review of the Commonwealth of Virginia 457 Plan to evaluate whether such 64 plan serves the interests of the plan participants. 65 66 x : .e - a : - - ._ - 70 71 The deferred compensation board shall serve as the local finance board for 72 purposes of Other Post-Employment Benefits ("OPEB") for the City. With the consent of 73 the School Board, as evidenced by its adopted resolution on November 1, 2011, the 74 deferred compensation board shall serve as the local finance board for OPER on behalf 75 of Schools. In its capacity as local finance board, the deferred compensation board shall 76 administer the OPEB trust or other related investments in accordance with prudent 77 fiduciary standards. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of February , 2018. APPROVED AS TO CONTENT: APPR• D AS TO LEGAL SUFFICIENCY: «,off'o1/4C‘13-ii Finance Department • • : ney'• Office CA14265 R-1 January 19, 2018 44 Item-VI-K.2 ORDINANCES/RESOLUTIONS ITEM#67773 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Resolution to ADOPT the Commonwealth of Virginia 457 Deferred Compensation Plan Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. • February 6, 2018 1 A RESOLUTION TO ADOPT THE COMMONWEALTH OF 2 VIRGINIA 457 DEFERRED COMPENSATION PLAN 3 4 WHEREAS, the City Council, the governing body of the City of Virginia Beach, 5 desires to adopt the Commonwealth of Virginia 457 Deferred Compensation Plan for their 6 employees as defined in the adoption agreement of the City of Virginia Beach (attached 7 hereto as Exhibit A); and 8 9 WHEREAS, the Commonwealth of Virginia 457 Deferred Compensation Plan, 10 which includes both Roth and Traditional options, is authorized by the Code of Virginia, § 11 51.1-600 et seq. and Internal Revenue Code § 457(b), and political subdivisions are 12 authorized to participate in such Plan by the Code of Virginia, § 51.1-603.1; 13 14 NOW, THEREFORE, BE IT RESOLVED, that the City of Virginia Beach hereby 15 approves the adoption of the Commonwealth of Virginia 457 Deferred Compensation Plan 16 for the employees of the City in accordance with the provisions of the Code of Virginia; 17 and 18 19 BE IT FURTHER RESOLVED, that the City staff is hereby directed to implement 20 the Commonwealth of Virginia 457 Deferred Compensation Plan at the earliest possible 21 date but no sooner than June 1, 2018 and the City Manager or his designee is authorized 22 and directed to enter into the adoption agreement between the City and the Virginia 23 Retirement System. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of February 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 I • y � Finance Department City A .rn•y'sOffice CA14266 R-1 January 19, 2018 "EXHIBIT A" NOTE:TTTThe language In this resolution has been approved by VRS Benefits Counsel and is not subject to modification. I Virginia VIRGINIA RETIREMENT SYSTEM Retirement R.O.Bo,x500 Richmond.VA 23218-2600 System Commonwealth of Virginia 457 Deferred Compensation Plan Employer Adoption Agreement for All Employees THIS AGREEMENT(the"Agreement"), executed this [insert date] day of , 20_, is by and between [insert Locality, School Division, or Other Political Subdivision] (the"Employer") and the Virginia Retirement System(the"Plan Sponsor") (hereinafter collectively referred to as the"Parties"). WITNESSETH WHEREAS,the Commonwealth of Virginia established the Commonwealth of Virginia 457 Deferred Compensation Plan (the "Plan")and the Master Trust for the Plan(the"Trust")pursuant to § 51.1-600 et seq. of the Code of Virginia, as amended, and Internal Revenue Code("IRC") § 457(b), including both Roth and Traditional options; and WHEREAS,pursuant to § 51.1-603.1 of the Code of Virginia, as amended, the Employer desires to enter into this Agreement with the Plan Sponsor to permit participation in the Plan by its eligible employees; and WHEREAS,the Employer is an"eligible employer"within the meaning of IRC§ 457(e)(1)(A); and WHEREAS,pursuant to § 51.1-603.1(B)of the Code of Virginia, as amended,the Employer may establish and automatically enroll certain employees in the Plan upon hire; and WHEREAS,the Employer, by a resolution of its governing body, has directed its responsible official to enter into this Agreement; NOW, THEREFORE, in consideration of the premises herein,the Parties agree as follows: 1) The Plan Sponsor and the Employer represent and warrant that each shall comply with all applicable laws and policy. 2) The Plan Sponsor represents to the Employer that the Plan Sponsor shall provide sufficient services to administer the Plan. 3) The Employer acknowledges and agrees to the terms and conditions established in the Trust and the Plan. 4) For purposes of the Employer's participation in the Plan, "employees" shall mean all "employees"as defined in § 51.1-600 of the Code of Virginia. VRS Resolution-«ECM DOC TYPE»(Rev.01/15) 1 VIIg1I112 VIRGINIA RETIREMENT SYSTEM Reginia t P.O.Box 2500 Richmond.VA 23218-2500 System 5) The Employer shall permit the Plan Sponsor's third party administrator("TPA")to conduct group and individual meetings on the Employer's premises for the purpose of explaining the Plan or enrolling employees. 6) The Employer shall permit the Plan Sponsor and the TPA to communicate directly with eligible employees about plan information and enrollment. 7) The Employer shall remit contributions under the Plan to the TPA in accordance with procedures promulgated by the Plan Sponsor or the TPA. The Employer shall correctly report and withhold employees' wages in accordance with applicable laws and policy. 8) The Employer shall make the appropriate contributions(including associated matching contributions to another plan, if applicable)required under Internal Revenue Service regulations and the Plan Sponsor procedures to correct any failure(i)to inform an employee of the opportunity to defer, (ii) to allow an employee to defer, or(iii)to implement automatic enrollment, reenrollment, or an election or election change by an employee. 9) Should the Employer offer its employees deferred compensation plans in addition to the Plan, then the Employer is responsible for monitoring all plans to ensure that no participants exceed the maximum deferral limits under IRC § 457. 10) If the Employer so desires, it may check the box below and sign the statement of acknowledgment to automatically enroll certain employees in the Plan in a manner prescribed by the Plan Sponsor, subject to an employee (i)commencing employment or reemployment on or after the first day of [insert month and year] but no sooner than the date established and confirmed by the Plan Sponsor, (ii)not participating in the Hybrid Retirement Plan described in § 51.1-169 of the Code of Virginia, and(iii)not having affirmatively elected to participate in the plan described in§ 51.1-602 of the Code of Virginia or a 403(b)plan. If the Employer does not check the box and sign the statement of acknowledgment, then the Employer shall not automatically enroll its employees in the Plan. ElBy checking this box and signing this statement of acknowledgment, the Employer agrees to automatically enroll in the Plan in a manner prescribed by the Plan Sponsor, all employees who(i) commence employment or reemployment on or after the first day of[insert month and year] but no sooner than the date established and confirmed by the Plan Sponsor, (ii)do not participate in the Hybrid Retirement Plan described in§ 51.1-169 of the Code of Virginia, and(iii) have not affirmatively elected to participate in the plan described in § 51.1-602 of the Code of Virginia or a 403(6)plan. Signature VRS Resolution-ELECDCP(Rev.09/17) 2 Virginia RETIREMENT SYSTEM .14!\{/ I Retirement Richmond. BOR 2500 Richmond.VA 23218-3500 System 11) If applicable,the Employer acknowledges it is solely the responsibility of the Employer to instruct the Plan Sponsor's TPA where to map assets from the Employer's existing plan to the available investments under the Plan.Neither the Plan Sponsor nor the Plan Sponsor's TPA will advise or recommend to the Employer how to map assets from the Employer's existing plan. 12)The Employer acknowledges asset transfers from an existing plan with the Employer into the Plan may need to be made over more than one day depending upon the facts and circumstances of each case. 13)The Employer acknowledges upon termination of this Agreement asset transfers out of the Plan may need to be made over more than one day depending upon the facts and circumstances of each case. 14)This Agreement may be amended from time to time only by written agreement between the Plan Sponsor and the Employer. 15)The term of this Agreement shall be for at least a three-year period beginning on the date of its execution and, thereafter, maybe terminated by either party upon written notice to the other party, which termination shall become effective on a date established by the Plan Sponsor. VRS Resolution-ELECDCP(Rev.09/11) 3 VirginiaVIRGINIA RETIREMENT SYSTEM Reilre n2t11 P.O.Box 2500 Richmond.VA 232382500 System IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed, intending to be bound thereby. Employer Virginia Retirement System By: By: Title: Title: Date: , 20 Date: , 20_ VRS Resolution-ELECDCP(Rev.09/17 4 45 Item-VI-K.3 ORDINANCES/RESOLUTIONS ITEM#67774 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Resolution to ADOPT the Virginia Cash Match Plan as the Successor to the Sheriff's Supplemental Retirement Plan Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 1 A RESOLUTION TO ADOPT THE VIRGINIA CASH 2 MATCH PLAN AS THE SUCCESSOR TO THE 3 SHERIFFS SUPPLEMENTAL RETIREMENT PLAN 4 5 WHEREAS, § 51.1-611 of the Code of Virginia permits political subdivisions of 6 the Commonwealth, on behalf of the employees who are qualified participants, to adopt 7 the Virginia Cash Match Plan administered by the Virginia Retirement System in 8 accordance with the provisions of Title 51.1, Chapter 6.1 (§§ 51.1-607 et seq.) of the 9 Code of Virginia; and 10 11 WHEREAS, § 51.1-609 of the Code of Virginia permits the governing body of a 12 political subdivision to establish the amount of contributions made on behalf of eligible 13 employees; and 14 15 WHEREAS, for purposes of this action, "eligible employees" shall mean the 16 employees of Virginia Beach Sheriffs Office; and 17 18 WHEREAS, at the same meeting as this resolution is being presented, the 19 governing body of the City of Virginia Beach will be presented with the opportunity to 20 approve participation in the Commonwealth of Virginia 457 Deferred Compensation 21 Plan (the "457 Plan") administered by VRS in accordance with the provisions of Title 22 51.1, Chapter 6 (§§ 51.1-600 et seq.) of the Code of Virginia; and 23 24 WHEREAS, the City of Virginia Beach now wishes to approve the participation by 25 "eligible employees" in the Cash Match Plan and to establish the amount of contribution 26 made on behalf of the "eligible employees." 27 28 NOW, THEREFORE, BE IT RESOLVED, that the City of Virginia Beach hereby 29 adopts the Cash Match Plan subject to the terms and conditions of such Cash Match 30 Plan; and 31 32 BE IT FURTHER RESOLVED, that the City of Virginia Beach will provide an 33 employer match as determined in the Employer Adoption Agreement between VRS and 34 the City of Virginia Beach, an unexecuted copy of such agreement is attached hereto as 35 Exhibit A; 36 37 BE IT FURTHER RESOLVED, that the City of Virginia Beach staff is hereby 38 directed to implement the Cash Match Plan effective on or about June 11, 2018 or as 39 soon as can be completed thereafter. 40 41 BE IT FURTHER RESOLVED, the employees of the City of Virginia Beach are 42 hereby authorized and directed in the name of the City to carry out the provisions of this 43 resolution, enter into an Employer Adoption Agreement with VRS, and pay such sums 44 as are due to be paid by the City for this purpose. 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of February 2018 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department Ci d ms's Jffice ' CA14271 R-1 January 25, 2018 Virginia "EXHIBIT A" 1'''/rr VIRGINIA RETIREMENT SYSTEM Retirement P.O.Box 2500 Richmond,VA 23218-2500 System Commonwealth of Virginia Cash Match Plan Employer Adoption Agreement THIS AGREEMENT (the "Agreement"), executed this day of ,20 , is by and between [insert Locality, School Division, or Other Political Subdivision] (the "Employer") and the Virginia Retirement System (the "Plan Sponsor") (hereinafter collectively referred to as the "Parties"). WITNESSETH WHEREAS,the Commonwealth of Virginia established the Virginia Cash Match Plan(the"Plan") pursuant to Title 51.1, Chapter 6.1 (§ 51.1-607 et seq.) of the Code of Virginia and Internal Revenue Code ("IRC") §401(a) as applicable to governmental plans as defined in IRC § 414(d); and WHEREAS,pursuant to § 51.1-611 of the Code of Virginia, the Employer desires to enter into this Agreement with the Plan Sponsor to permit participation in the Plan for its eligible employees; and WHEREAS,the Employer,by a resolution of its governing body, has directed its responsible official to enter into this Agreement; NOW,THEREFORE, in consideration of the premises herein, the Parties agree as follows: 1) The Plan Sponsor and the Employer represent and warrant that each shall comply with all applicable laws and policy. 2) The Plan Sponsor represents to the Employer that the Plan Sponsor shall provide sufficient services to administer the Plan. 3) The Employer acknowledges and agrees to the terms and conditions established in the Plan. 4) The Employer shall timely remit the correct contributions under the Plan to the Plan Sponsor's third party administrator("TPA") in accordance with procedures promulgated by the Plan Sponsor or the TPA. 5) The Employer shall be responsible for communicating the dollar or percentage amount of the Employer contribution to its eligible employees. 6) The Employer acknowledges that participation in the Plan is contingent upon its participation in the Commonwealth of Virginia 457 Deferred Compensation Plan administered by the Plan Sponsor. VRS Resolution-ELECCASH(Rev.12/17) 1 Virgin VIRGINIA RETIREMENT SYSTEM P.O.Box 2500 RetSystem ent Richmond.VA 23218-2500 System 7) The Employer shall be responsible for ensuring that an eligible employee's aggregate contributions across all plans in which the employee may participate through the Employer are in compliance with federal laws and regulations. The Plan Sponsor or the TPA may assist the Employer in making this determination. 8) If applicable, the Employer acknowledges it is solely the responsibility of the Employer to instruct the Plan Sponsor's TPA where to map assets from the Employer's existing plan to the available investments under the Plan. Neither the Plan Sponsor nor the Plan Sponsor's TPA will advise or recommend to the Employer how to map assets from the Employer's existing plan. 9) The Employer acknowledges asset transfers from an existing plan with the Employer into the Plan may need to be made over more than one day depending upon the facts and circumstances of each case. 10)The Employer acknowledges upon termination of this Agreement asset transfers out of the Plan may need to be made over more than one day depending upon the facts and circumstances of each case. 11)This Agreement may be amended from time to time only by written agreement between the Plan Sponsor and the Employer. 12)This Agreement may be terminated by either party upon written notice to the other party, which termination shall become effective on a date established by the Plan Sponsor. 13)The Employer will provide to each eligible employee, as defined by the employer below or in an attachment, an employer match of[insert dollar amount or percent and maximum per pay period, or refer to attachment] If not described in an attachment, an eligible employee shall mean: VRS Resolution-ELECCASH(Rev.12/17) 2 VI 1113 VIRGINIA RETIREMENT SYSTEM P.O.Box 2500 Retirement Richmond.VA 2321$2500 Systevt IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, intending to be bound thereby: Employer Virginia Retirement System By: By: Title: Title: Date: , 20 Date: ,20 VR5 Resolution-ELECCASH(Rev.12/17) 3 OFFICE OF THE SHERIFF CITY OF VIRGINIA BEACH Memorandum To: Patti Phillips,Director of Finance � From: Kenneth W. Stolle, Sheriff( n'C Date: January 25,2018 Subject: Transition of Deferred Compensation Administrator to VRS The City's Deferred Compensation Board(Board)has voted to transition the administration of the City's deferred compensation plans from Empower Retirement to the Virginia Retirement System(VRS),effective July 1,2018. My proxy on the Board,Aaron McCoy,has attended these transition meetings and informed me of the Board's decision. I am in agreement with the Board's decision to transition the administration of the plans to VRS. Cc: Dana Harmeyer, City Attorney's Office 46 Item-VI-K4 ORDINANCES/RESOLUTIONS ITEM#67775 The following individuals registered to speak: Wallace Goodwin, 520 Bryan Lane, spoke in OPPOSITION. Gloria Haislip, 1106 Woodenshoe Court, Phone.' 978-3729, spoke in SUPPORT. Barbara Messner, spoke in SUPPORT. Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, Resolution to REITERATE OPPOSITION to Offshore and Gas Exploration SEEKING the same EXEMPTION provided to the State of Florida Voting: 9-0 Council Members Voting Aye Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Council Members Abstaining: John D. Moss February 6, 2018 REQUESTED BY COUNCILMEMBER UHRIN, MAYOR SESSOMS, VICE MAYOR JONES AND COUNCILMEMBERS DAVENPORT, DYER, HENLEY, KANE, WILSON AND WOOD A RESOLUTION REITERATING OPPOSITION TO OFFSHORE OIL AND GAS EXPLORATION AND SEEKING THE SAME EXEMPTION PROVIDED TO THE STATE OF FLORIDA 1 WHEREAS, in 2015, local business organizations and Council-appointed advisory 2 agencies urged the City Council to oppose offshore oil and gas exploration, including the 3 Resort Advisory Commission, the City's Green Ribbon Committee, the Virginia Aquarium 4 Foundation, Lynnhaven River NOW, the Virginia Beach Hotel Association, and the 5 Virginia Beach Restaurant Association; and the Princess Anne Garden Club, the Virginia 6 Beach Garden Club, the Sandbridge Civic League and the Resort Beach Civic League 7 also expressed their opposition to offshore oil and gas exploration; 8 9 WHEREAS, these organizations oppose exploration offshore of the City's 10 coastline due to the vulnerability of the coast and beaches to catastrophes that could 11 adversely impact the City's tourism industry for decades; 12 13 WHEREAS, concerns also have been raised that offshore energy exploration 14 could conflict with the Department of Defense's mission requirements, including 15 expanded weapon and sensor footprints and operations in the Mid-Atlantic Planning Area 16 that includes areas off of Virginia Beach's coastline; 17 18 WHEREAS, the City highly values the United States Navy and other armed forces 19 that conduct activities off of the City's coastline; 20 21 WHEREAS, the tourism industry is vital to the City's economic prosperity, 22 accounting for $1.4 billion in annual tourism revenue, nearly 13,000 tourism-supported 23 local jobs, and $55 million in tourism-related taxes; 24 25 WHEREAS, almost three thousand commercial fishermen work in Virginia and 26 make significant contributions to the state and the City's economic vitality, and an offshore 27 energy exploration catastrophe could devastate their industry; 28 29 WHEREAS, for the good of all of our residents, the City of Virginia Beach must 30 continue to protect and build upon our status as one of the East Coast's premier resort 31 cities and a highly valued partner with the Navy; 32 33 WHEREAS, the speculative benefit of oil and gas exploration and drilling is not 34 worth the risk of a Deepwater Horizon-type incident that could cripple the City's economy 35 for decades; 36 37 WHEREAS, based on these concerns, the City Council in June 2017 adopted a 38 resolution opposing offshore oil and gas exploration, including seismic testing; 39 40 WHEREAS, the United States Secretary of the Interior has proposed opening 41 nearly all United States coastline to offshore oil and gas drilling, but the Secretary recently 42 promised to keep Florida "off the table"for offshore drilling. 43 44 WHEREAS, the City Council seeks the same protections for Virginia Beach's 45 coastline, for all of the reasons listed above. 46 47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 48 OF VIRGINIA BEACH, THAT: 49 50 The City Council hereby reiterates its strong opposition to offshore oil and gas 51 exploration, including seismic testing, off of the City's pristine coastline; 52 53 The City Council formally requests that the Secretary of the Interior extend to 54 Virginia Beach and its residents the same protections and exemption that have been 55 promised to the Governor and residents of Florida; and 56 57 The City Council respectfully requests the assistance of United States Senators 58 Kaine and Warner, as well as Congressman Taylor, in securing these essential 59 protections for Virginia's coastline and its residents. 6th FebrAdopted by the Council of the City of Virginia Beach this day of uary , 2018. APPROVED AS TO LEGAL SUFFICIENCY: �Dep City ARedbrick R. Ingram City Attorney's Office CA14267 R-3 January 25, 2018 s City of Virginia Beach 9s 0 A OUR HATO`f' VISgov.com PHONE. (7571 5637745 JOHN MOSS MOSSJOHN®COX NET COUNCILMAN AT-LARGE In Reply Refer to 0062253 February 6, 2018 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act§ 2.2-3115(F) Dear Mrs. Barnes: In my fifteen years of service to the public on City Council,I have rarely abstained. It is my position that state law sets the lowest standard of acceptable conflicts of interests. Unlike the Commonwealth of Virginia's much lower standard of conflict of interests, the Federal standard is one of avoiding even the appearance of a conflict. The resolution on offshore drilling on City Council's February 6, 2018 Agenda references the Department of Defense's mission requirements and concerns that offshore energy exploration in the Mid-Atlantic Planning Area could conflict with those requirements. As an employee of the Department of Defense, I have concluded that my participation in City Council's discussion and vote on this resolution would result in the appearance of a conflict of interest under the"appearance of a conflict of interest standard." Therefore, my decision is to abstain from the agenda item referenced in this letter for the aforementioned reason. My bias is to vote, and I am not one to avoid controversy. My duty to preserve the public's trust that I will uphold the highest ethical standards takes precedence. It is to the latter and higher duty that my vote of abstention upholds. 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 Mrs. Amanda Barnes 2 February 6,2018 Re: Abstention Pursuant to Conflict of Interests Act§ 22-3705(F) Thank you for your assistance and cooperation in this matter. Sincerer John D. Moss Councilmember JDM/RRI 47 Item -VI-K5 ORDINANCES/RESOLUTIONS ITEM#67776 Council Lady Abbott made a MOTION to DEFER FOR SIXTY (60) DAYS, seconded by Councilman Moss, Ordinance to APPROVE the sale of School Board property located at 273 North Witchduck Road and ALLOW the School Board to retain the sale proceeds, seconded by Councilman Dyer, City Council Councilman Davenport then made a SUBSTITUTE MOTION, seconded by Council Lady Wilson, to APPROVE, Ordinance to APPROVE the sale of School Board property located at 273 North Witchduck Road and ALLOW the School Board to retain the sale proceeds, seconded by Councilman Dyer, City Council Voting: 8-2 Council Members Voting Aye. Al. Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jessica P. Abbott John D. Moss Council Members Absent: Mayor William D. Sessoms,Jr. **The Main Motion was lost to the affirmative action on the Substitute Motion to APPROVE February 6, 2018 1 AN ORDINANCE APPROVING THE SALE OF 2 SCHOOL BOARD PROPERTY LOCATED AT 273 3 NORTH WITCHDUCK ROAD AND ALLOWING THE 4 SCHOOL BOARD TO RETAIN THE SALE 5 PROCEEDS 6 7 WHEREAS, The School Board of the City of Virginia Beach, (the "School Board") 8 owns approximately 10.6 +/- acres of real property located at 273 North Witchduck 9 Road (GPIN 1467-75-8675) (the "Property"); 10 11 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property 12 for which the school board has no future use and to retain the proceeds of such sale 13 upon approval of the local governing body after the school board has held a public 14 hearing on such sale and retention of proceeds; 15 16 WHEREAS, the School Board held a public hearing on December 19, 2017 to 17 take public comment on the proposed sale of the Property to Franklin Johnston Group 18 Management & Development, LLC ("Franklin Johnston") and the School Board's 19 retention of the proceeds therefrom; 20 21 WHEREAS, the School Board adopted a Resolution on January 23, 2018 finding 22 no further use for the Property, determining that the Property may be sold, agreeing to 23 sell the Property to Franklin Johnston, and intending to retain the proceeds of the sale; 24 and 25 26 WHEREAS, the School Board has agreed to convey the Property to Franklin 27 Johnston for $4,500,000, subject to City Council approval. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the sale of the Property to Franklin Johnston described in the School 33 Board's January 23, 2018 Resolution is hereby approved and the School Board may 34 retain all of the proceeds of the sale. 35 6th 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 37 February , 2018. • 'PROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: conomic Development/ City Attorney CA14031 R-1 February 6, 2018 • A. / VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Beverly M. Anderson, Chair Joel A. McDonald, Vice Chair At-Large District 3 - Rose Hall Daniel D. Edwards Sharon R. Felton Dorothy M. Holtz District 2 - Kempsville District 6 - Beach At-Large Victoria C. Manning Ashley K. McLeod Kimberly A. Melnyk At.Large At-Large District 7 - Princess Anne Trenace B. Riggs Carolyn T. Rye Carolyn D.Weems District 1 - Centerville District 5 - Lynnhaven District 4 - Bayside Aaron C. Spence, Ed.D., Superintendent RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY LOCATED AT 273 NORTH WITCHDUCK ROAD WHEREAS,the School Board of the City of Virginia Beach(the"School Board")is the owner of a vacant parcel of land consisting of approximately 10.69 acres,located at 273 North Witchduck Road(GPIN 1467-75-8675)(the"School Board Property"); WHEREAS,Franklin Johnston Group Management&Development,LLC("Franklin Johnston")has offered to purchase the School Board Property and has proposed development of a residential apartment complex(the"Project"); WHEREAS,Virginia Code§22.1-129 allows the School Board to sell real property that it determines it has no future use for,and the School Board has held a public hearing on December 19,2017 to take public comment on the proposed sale of the School Board Property to Franklin Johnston and retention of the proceeds therefrom;and WHEREAS,due to the determination that the School Board Property is no longer needed to for educational purposes, and the expected benefits that will be derived from this Project for the citizens of Virginia Beach,the School Board is of the opinion that sale of the School Board Property to Franklin Johnston would be a benefit to all parties. NOW THEREFORE BE IT RESOLVED that: 1 In accordance with Virginia Code§22.1-129,the School Board finds that it does not have further use for the School Board Property located at 273 North Witchduck Road,GPIN 1467-75-8675 and determines that it should be declared surplus and may be sold. 2 Total amount of compensation to be paid to School Board by Franklin Johnston for this acquisition s$4,500,000. 3 Should the City Council of Virginia Beach authorize the School Board to retain the proceeds from the sale,the funds shall be allocated towards the School Board's capital improvement program. 4. Additionally,the School Board authorizes the Chair or her designee to execute any and all documents desired and necessary to complete the above-referenced transaction. Adopted by the School Board of the City of Virginia each this uary 2018 Beverly M.A rson, chool Board Chair ATTEST: Dianne P.Alexander,Clerk of the School Board Pm.Students Firm a Seek 6rm di •1k Open to Change •Do Divot If ark 'hgeenher • {'uhm Iillerenn'r 2512 George Mason Drive I PO Box 6038 I Virginia Beach Virginia 21456 00113 wv.m.rb s,houh ism ,. Kf I+ • it Y 41 . i ,,f: __,A... _ _.._ ___ yea^ rr. -... - ��+.�_! • 4 . ______ —' _ .1. �. i VIRGINIA-BEACH BLVD-'-'.-.-'4 4.:c it lc IL I[ i1 illi. .. W T ����� �. 0 1 fk Et .. oaii,� i r+ , ' .. ea co v . . ) - - _ -�- 1-7 00 U ha c M .� �JQ i el 0 Iro, ,-- ,0 , I us *Ili 11. (....._.....__,ii 31 ,, _il:.:1; I 4 ly I _ 1 L ). 48 Item-VI-K.6 ORDINANCES/RESOLUTIONS ITEM#67777 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE property located at 2305 Indian Hill Road and a permanent utility easement encumbering the adjacent lot to be in EXCESS of the City's needs and AUTHORIZE the City Manager to convey the property to Sylvia Thomas Clark and to VACATE the easement Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 1 AN ORDINANCE DECLARING 2 PROPERTY LOCATED AT 2305 3 INDIAN HILL ROAD AND A 4 PERMANENT UTILITY EASEMENT 5 ENCUMBERING THE ADJACENT LOT 6 TO BE IN EXCESS OF THE CITY'S 7 NEEDS AND AUTHORIZING THE CITY 8 MANAGER TO CONVEY THE 9 PROPERTY TO SYLVIA THOMAS 10 CLARK AND TO VACATE THE 11 EASEMENT 12 13 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 14 parcel of land located at 2305 Indian Hill Road (GPIN 1479-99-5048) (the "Property") 15 and holds a public utility easement encumbering the adjacent parcel (GPIN 1479-99- 16 4093) (the "Easement"), more particularly described on Exhibit "A" attached hereto; 17 18 WHEREAS, the Property and Easement were originally dedicated to the City by 19 Sylvia Thomas Clark ("Clark") in 1973 for the purpose of building a pump station; 20 21 WHEREAS, the pump station was never constructed and the Department of 22 Public Utilities has confirmed that there is no public need for the Property or the 23 Easement; 24 25 WHEREAS, Clark has requested that the City convey the Property back to her 26 conditioned upon its resubdivision into her adjacent property and that the City vacate 27 the Easement; and 28 29 WHEREAS, the City Council is of the opinion that the Property and Easement 30 are in excess of the needs of the City of Virginia Beach and should be returned to Clark. 31 32 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That the Property and the Easement are hereby declared to be in excess of the 36 needs of the City of Virginia Beach and that the City Manager is hereby authorized to 37 execute any documents necessary to reconvey the Property to Clark and to vacate the 38 City's interest in the Easement, conditioned upon her resubdivision of the Property into 39 her adjacent property, and such other terms, conditions or modifications as may be 40 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 41 42 This ordinance shall be effective from the date of its adoption. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day 45 of February 2018. CA14026 R-1 PREPARED: 1/3/18 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WO KS, REAL ESTATE CI Y T RNEY EXHIBIT "A" GPIN: 1479-99-5048 ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia and being known numbered and designated as "PUMP STATION SITE 0.42 AC." and further designated and described as "PROPERTY TO BE ACQUIRED IN FEE BY THE CITY OF VIRGINIA BEACH," as shown on that certain plat entitled: "PLAT OF PARCEL 'B' AND PART OF LOT 3 SUBDIVISION NO. 2 AND RE- SUBDIVISION OF PARCEL 'C' SUBDIVISION NO. 1 BAY LAKE PINES BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA SHOWING PROPERTY TO BE ACQUIRED FOR PUMP STATION SITE AND EASEMENTS," Scale: 1" = 50', dated March 29, 1973, prepared by Baldwin and Gregg, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 100, at page 9. IT BEING the same property conveyed to the City of Virginia Beach by Deed of Dedication from Stanley Davis Clark and Sylvia Thomas Clark, dated July 5, 1973 and recorded in the aforesaid Clerk's Office in Deed Bok 1387, at page 340. EASEMENT ON, OVER AND ACROSS GPIN: 1479-99-4093 TO BE VACATED: ALL THAT certain permanent right and utility easement, lying, situate and being in the City of Virginia Beach, Virginia and being known numbered and designated as "PERMANENT UTILITY EASEMENT" as shown on that certain plat entitled: "PLAT OF PARCEL 'B' AND PART OF LOT 3 SUBDIVISION NO. 2 AND RE- SUBDIVISION OF PARCEL 'C' SUBDIVISION NO. 1 BAY LAKE PINES BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA SHOWING PROPERTY TO BE ACQUIRED FOR PUMP STATION SITE AND EASEMENTS," Scale: 1" = 50', dated March 29, 1973, prepared by Baldwin and Gregg, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 100, at page 9. IT BEING the same property conveyed to the City of Virginia Beach by Deed of Dedication from Stanley Davis Clark and Sylvia Thomas Clark, dated July 5, 1973 and recorded in the aforesaid Clerk's Office in Deed Bok 1387, at page 340. \ .; . a z p 0 ,_ \\ g'. q W 0 Q d S 7Q W z LLI N / v.___,, '‘i • /1{//4 LLI I— a) . . "i, 1 r ..,1/ Cin L U •';i:)-J </,) ( y2.4 i •7- , . Z O Q CO } fi r Z OJ aO ZO E r F. itI— OQit 8 LLa p Q = v__-, HU W Z NgLL, m ! QW oo !cl 'Q)4•4._ H W � C 11* z 4 V : ‘I' w r 0,-> #4, s'''''' '-'1:.-'--.''' 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J �, a` 49 Item -VI-K7 ORDINANCES/RESOLUTIONS ITEM#67778 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into a portion of an existing City right-of-way known as Viking Drive located at the front of 536 Viking Drive, DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into a portion of an existing City right-of-way known as Viking Drive located at the front of 536 Viking Drive (GPIN 1496568858)DISTRICT 6—BEACH The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the edge of the canopy is to be no closer than 10.5'from the existing sanitary sewer line and that the foundation is to be no closer than 16.25'from the existing sanitary sewer line. 4. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 5. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachment. 6. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 7. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 8. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. February 6, 2018 dilMEMOhb 50 Item -VI-K.7 ORDINANCES/RESOLUTIONS ITEM#67778 (Continued) 9. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works,for final approval. 10. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area(the "Permit"). 11. It is further expressly understood and agreed that prior to issuance of a right-of- way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 12. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00,per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 13. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 14. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 15. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. February 6, 2018 51 Item -VI-K.7 ORDINANCES/RESOLUTIONS ITEM#67778 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF AN EXISTING CITY 6 RIGHT OF WAY KNOWN AS VIKING 7 DRIVE LOCATED AT THE FRONT OF 8 536 VIKING DRIVE 9 10 11 WHEREAS, Stihl, Incorporated, a Delaware corporation, desires to construct, 12 install and maintain an 11.48' x 8.86' canopy shelter, a 2.5'diameter footing, a 2' x 6.6' 13 bench, a 2' square trash can, a concrete walk and a concrete pad as shown on Exhibit"A" 14 (the "Encroachments") adjacent to its property located at 536 Viking Drive. The 15 Encroachments would extend 22.86' into the City's right-of-way known as Viking Drive, for 16 a distance of 25.48'; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's right-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Stihl, Incorporated, its assigns 27 and successors in title are authorized to construct, install and maintain an 11.48' x 8.86' 28 canopy shelter, a 2.5' diameter footing, a 2' x 6.6' bench, a 2' square trash can, a concrete 29 walk and a concrete pad as shown on Exhibit"A" in the City's right-of-way as shown on the 30 map entitled: "SHEET TITLE: ENCROACHMENT EXHIBIT, PROJECT: STIHL 31 INCORPORATED ADMINISTRATION BUILDING REPLACEMENT VIRGINIA BEACH, 32 VIRGINIA," dated 10/31/17 and prepared by Hoggard-Eure Associates, a copy of which is 33 attached hereto as Exhibit "A", and on file in the Department of Public Works and to which 34 reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 37 to those terms, conditions and criteria contained in the Agreement between the City of 38 Virginia Beach and Stihl, Incorporated, (the "Agreement"), an unexecuted copy of which 39 has been presented to the Council in its agenda, and will be recorded among the records 40 of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Stihl, Incorporated, and the City Manager or his authorized designee execute 46 the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 t h 49 day of February , 201 8. CA14027 R-1 PREPARED: 12/11/17 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d005\p026\00437720.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: S., . 4. Ev....ci\f/-• PUBLIC WORKS, REAL ESTATE bAN R. A MEYER I— SENIOR CITY ATTORNEY 2 "EXHIBIT A" /-STY. BLDG. BLDG. 532 ' AO w r ...... _ ,-____\...._.......!...................1 10'VEPCO&C&P TELEPHONE EASEMENT M.B. 114,PG. 14 P.B. 187, PGS. 17-20 N 3 467 462.62 RNV E 12,195,728.03 10'UTILITY EASEMENT N10°16'53"W R/W M.B. 114,PG. 14 P.B. 187, 13.48' N06°16' PGS. 17-20 RNV r —74.91' RNV 74.19' 07'2 5 �� R=1,113.01 ARC=61.05' 4,12- i REFER TO �� L — — SHEET 2J 73 VIKING DRIVE R/W STDG vfjy� -0.4,./''''''': a 1 RNV Cr 1 .1 L .9 c Z LLI Q 0 50 100 —.- 4 1 GRAPHIC SCALE SHEET TITLE: Hoggoard-Sure ENCROACHMENT EXHIBIT As. oc ates ���F^q� r q PROJECT: 410 LnW•C str,,cYp�S�rvoy^q "9'L°°°u:.�.— r..,e STIHL INCORPORATED 901 PortCentre Parkway, Suite 5 ADMINISTRATION BUILDING REPLACEMENT Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone. (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=50' SHEET: 1 OF 5 I 1-STY.BLDG. 532 VIKING DR. I a •c ``' 1.00 1.0$ 00 11.48 CANOPY SHELTER NV Ri — _..ial� :U R/W r...14 RNV in111 — JI. - i r` CONC..._0...4.1111°. CONC WALK ----- CONC WALK 0. WIPE 6.0s WIPE DOWN ___-.-- _ CG-6 DOWN ---__-� -- ___. .-.VE1ii6LEr�"�P &RIGK-I VIKING DRIVE NBL SBL R/W 0 20 40 I I _ • - GRAPHIC SCALE SHEET TITLE: 14 Hoggard-Eure ENCROACHMENT EXHIBIT- IMPROVEMENTS + DIMENSIONS Associates - GvdEngwr.mq PROJECT: STIHL INCORPORATED 901 PortCentre Parkway, Suite 5 ADMINISTRATION BUILDING REPLACEMENT _ Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone: (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=20' SHEET: 2 OF 5 L I 1-STY.BLDG. \ r\\ 532 VIKING DR. 1 1[11 711 O (XIST.1"WATER I -- -__- c S� EXIST.4"SEWER C0 c 1"TYPE'K'COPPER • ' & WATER LINE \ER BO .4A ',1 �— �� � ____. 11 RELOCATED — ____ W RELOCATE RNV =0�,. �� GHT POLE ry — , --E ---- to 61 :" AN.SEW. .i�� SCO ESS-----' EXIST.8"SSA_• �, CO TO BE _- 1 SS--' ' T.WATER RELOCATED — ; METER 8 BOX TO EUP BE RELOCATED ps]WE: EUP � � UP 1 EUP�— METER BOX w — -- 1"METER f ___________ — — --- SERIAL NO. 95067593 14 EXIST. 1"WATER EXIST.U/G POWER / . P4l / . VIKING DRIVE i . _ ---- �.�� 11:14/11 E WOL 1 ONVIW EW . EXIST.10"WATER MAW EW . RNV 0 ELEUC. •,D t 1 CDl RIM=11.30 lNV=6-40(36')(24') I =7.22�r/ /O .RCP 0MH 2� R/M=13.05 0 20 40 /NV=759 _F I . -Fon GRAPHIC SCALE SHEET TITLE: Hoggard-Eure ENCROACHMENT EXHIBIT- UTILITIES Associates PROJECT: Lena.cora"ua s�� """° °° °°"""°e— STIHL INCORPORATED 4- 901 PortCentre Parkway, Suite 5 ADMINISTRATION BUILDING REPLACEMENT _ Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone: (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=20' SHEET: 3 OF 5 .r11111•1111 I. EXAMPLE SINGLE UNIT 4 t„. .„° ;;; _. - 0 SARAH BENCH 'may t QUA 'O E 44, LI1 T: BIN • • SHELTER FURNISHINGS PLAN PICTORIAL ILLUSTRATION . -.0.4. SINGLE SHELTER ONLY 1:111m `;__ -_-s __` . . 11.48 w� �± LF .1k,fi •' ...., === — 3.12 — 1 3 0 METALCO SARAH BENCH atc 1 4"CONC m m CONC FOOTING liallP FRONT ELEVATION Lr- 11.48 --1 IIIL oi METALCO QUARZO LITTER BIN CI co 00 cid SHELTER GENERAL SPECIFICATION THE GPDUE SHELTER ISA BUS SHELTER COMPRISING OF A SERIES OF COVERS WITH DIFFERENT HEIGHTS AND SIZES,SHAPED AS AN INVERTED PYRAMID WITH A POWDER COATED STEEL STRUCTURE AND COATED WITH POWDER COATED STEEL SHEET.INSTALLATION PLATE PLAN VIEW WITH ANCHORS. METALCO GPDUE BUS SHELTER NTS SHEET TITLE: Hoggard-Eure CANOPY SHELTER & FURNISHING DETAILS Associates PROJECT: (4110 Larw•Cons!r�ttro�SUn<j��a'�"°�°•L�°°�`"` " ""`- STIHL INCORPORATED901 PortCentre Parkway, Suite 5 ADMINISTRATION BUILDING REPLACEMENT Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone. (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=NTS SHEET: 4 OF 5 — CL BUS CANOPY COLUMN AND CAISSON BUS CANOPY BY OTHERS ii / BASE PLATE AND ANCHORS BY OTHERS .314'cI MEER .) TOP OF CAISSON CONCRETE PAD ELEVATION CONCRETE CAISSON .., . . .• . .- _ h CL BUS CANOPY COLUMN STD.90°HOOKS ON 4 OUT AND CAISSON I - •` :' OF THE VERTICAL BARS, OTHER BARS SHALL I ': .e ! TERMINATE 3'CLEAR FROM --�An • ,•1 FROM TOP OF CAISSON efO 6-N7 VERTICAL ' . vs\ REINFORCING b I ' N4 TIES AT 17o&c 1 . 1v�I •• •• '. - • . 740 8. CotZOO ,` En PLAN SECTION STANDARD 90'HOOK 7-6'0 TYPICAL BUS STOP CANOPY COLUMN FOUNDATION DETAIL NOT TO SCALE METALCO GPDUE BUS SHELTER FOOTING NTS SHEET TITLE: Hoggard-Eure CANOPY SHELTER DETAIL Associates PROJECT: ''''''".L—d—'"An''' STIHL INCORPORATED 901 PortCentre Parkway, Suite 5 ADMINISTRATION BUILDING REPLACEMENT _ Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone. (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=NTS SHEET: 5 OF 5 ' I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) .__Of _ THIS AGREEMENT, made this 1 day of , 201a, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STIHL INCORPORATED, a Delaware Corporation, authorized to do business in the Commonwealth of Virginia, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL Al-1" as shown on that certain plat entitled: "RESUBDIVISION OF PARCEL 'Al' (INST. 20120305000242770), AND PARCEL 10 (M.B. 114, PG. 14) PROPERTY OWNED BY STIHL, INCORPORATED VIRGINIA BEACH, VIRGINIA", prepared by Hoggard / Eure Associates, P.C, dated 12/13/17, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20171227001100140, and being further designated, known, and described as 536 Viking Drive, Virginia Beach, Virginia 23452; and WHEREAS, it is proposed by the Grantee to construct, install and maintain an 11 .48' x 8.86' canopy shelter, a 2.5' diameter footing, a 2' x 6.6' bench, a 2' square trash can, a concrete walk and a concrete pad, as shown on Exhibit "A", GPIN: (CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED) GPIN: 1496-56-8858- (536 Viking Drive) attached here to (collectively, the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Viking Drive (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT PROJECT: STIHL INCORPORATED ADMINISTRATION BUILDING REPLACEMENT VIRGINIA BEACH, VIRGINIA", dated 10/31/17, prepared by Hoggard-Eure Associates, a copy of which is attached hereto as Exhibit "A", and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the edge of the canopy is to be no closer than 10.5' from the existing sanitary sewer line and that the foundation is to be no closer than 16.25' from the existing sanitary sewer line. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said STIHL INCORPORATED, a Delaware corporation, has caused this Agreement to be executed in its corporate name and on its behalf by Bjoern H. Fischer, its Sole Director. Further, that the City of Virginia Beach 5 has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 STIHL INCORPORATED a Delaware corporation i By _� (SEAL) :'•ern H. Fischer, Sole Director STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: h The foregoing instrument was acknowledged before me this 1 r�I day of �(ii-V1kA an , 201 g , by Bjoern H. Fischer, as its Sole Director of STIHL INCORPORATED, a Delaware corporation ' i r 1 � . �J. \ t �aV , EAL) Notary P 1.2 Notary Registration Number: rIg 1-61\0 •0'-1$•“•••,,'',, My Commission Expires: I31 1 ?,pip 4, • -- y -w o ...''>:i --- 1 . z :} om :Y w i <—..c :�- c. COnimonWf*Uh Of Virginia/ --4--- ,4 NM - .•° 7 i "� CcnRipe vn scion l 13010 �"'/i "c�.\ A`c'�,.. I Commission Expires&31120200 .• `s APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ‘ ..) di K` _ SIGNATURE ; • 'A -. H • - Y T SENIOR CI ATTORNEY y \c?,,,, ,. _bv)3-. , DEPARTMENT 8 "EXHIBIT A" 9-STY BLDG. BLDG. 532 I C--- 7. \\\\I ! (—II: ' I \\` j TELEPHONE EASEMENT M.B. 114, PG. 14 P.B. 187, I PGS. 17-20 R/VV I E 12,1195,7728.0 10'UTILITY EASEMENT N10°16'53"W RNV ----- M.B. 114,PG. 14 P.B. 187, 13.48' N06°16.35°€ PGS. 17-20 RNV r _o —T4.91' _— 74.19_ -- - 57.x' N13°07'25"W 011111 ��� — R=1,113.01 ARC=61.05' REFER TO L — — SHEET E- 2J VIKING DRIVE RNV STOP 9IAcs:,>);'/,-;:;•NI > � , 1oi RAN i ) 1 • 1 � i I � 0 50 100 I I GRAPHIC SCALE --- SHEET TITLE: I4 Hogard-Sure sning Asates ENCROACHMENT EXHIBIT MociryPROJECT: ti_ - STIHL INCORPORATED f 901 PortCentre Parkway, Suite—5 ADMINISTRATION BUILDING REPLACEMENT _ Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone: (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=50' SHEET: 1 OF 5 or AY, 1-STY.BLDG. 532 VIKING DR. I . a ----------A , EU -----------__ _ up. `'' 1.00 1.01 O 11.48 SHELTER RNV At 1► RNVR i * co RNV 1131 -A- __- - - ..11.. CONC. a CONC WALK ------_________ - CONC WALK ..poop Lti via . 00 13.4 WIPE CG-6 OIWN DOWN ARS _ ______ VIKING DRIVE "B` SBL R/W 0 20 40 GRAPHIC SCALE SHEET TITLE: Harcia esre ENCROACHMENT EXHIBIT- IMPROVEMENTS + DIMENSIONS �+ w PROJECT: �� °" _" _ STIHL INCORPORATE[? (11 901 PortCentre Parkway, suites ADMINISTRATION BUILDING REPLACEMENT Portsmouth, VA 23704 VIRGINIA BEACH, VIRGINIA Phone. (757)4849670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=20' SHEET: 2 OF 5 1-STY.BLDG. I \ i\N 1 532 VIKING DR. 1111 01 IST.1'WAR -t___ c .7(\( �k. O EXIST.4"SEWER i -_- 0 RELOCATED .r 1"TYPE'K'COPPER METER O)ZE( WATER LINE f, .� 11 4 RELOCATES 111 •� I (� RNV _� - N+- W " RNV RELOCATE GHT POLE N - -- cc) o I " AN.SEW. __------I SCO _______----ESS � —�~ � rssEXIST.8" • . CO TO BE - a ' T.WATER RELOCATED — METER&BOX TO IIEUP BE RELOCATED EUP . io..--�� J LIP 1 EUP -- METER BOX — -- w — 1"METER-- -- — SERIAL NO. c 95067593 c EXIST. 1"WATER EXIST.U/G POWER Q. a ix W tI I VIKING DRIVE 4' ; � r E � WV • ; I Z 10"►NM EW Il el EXIST.10"WATER MAIN_ EW- __ RAN ELEUC. ''D o A ( ) CDI w J 1 RIM-11.30 f I INV=6.40(36)(24) I _ Il 1 ---12 1 09 k,RcPES� MH j RIM=13.05 i 0 20 40 /NV=7.59 / GRAPHIC SCALE SHEET TITLE: Hs ENCROACHMENT EXHIBIT- UTILITIES C!"JEng PROJECT: (rty.a•cuwvwxdon o"Sul.eyvg """"°""�w°""`°°'"'" STIHL INC®RP®R/ �901 PortCentre Parkway, suite 5 ADMINISTRATION BUILDING REPLACEMENT Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone: (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=20' SHEET: 3 OF 5 • EXAMPLE SINGLE UNIT ' ,,. SARAH BENC • 7-0" Q. , - QUA 'ZO - ' l LI1 1 . - BIN I ' f • SHELTER FURNISHINGS PLAN PICTORIAL ILLUSTRATION --a ,' ,,.,, SINGLE SHELTER ONLY .11;014". ,j $4 u, 11.48 N. • r . . ►. ti -- 3.12 1 g METALCO SARAH BENCH CO 4"CONC 4110 CONC FOOTING FRONT ELEVATION i I -11.48 - -1 f V I p a ITO I M I METALCO QUARZO LITTER BIN ■ cc; SHELTER GENERAL SPECIFICATION THE GPDUE SHELTER IS A BUS SHELTER COMPRISING OF A SERIES OF COVERS WITH DIFFERENT HEIGHTS AND SIZES,SHAPED AS AN INVERTED PYRAMID WITH A POWDER COATED STEEL STRUCTURE AND COATED WITH POWDER COATED STEEL SHEET.INSTALLATION PLATE PLAN VIEW WITH ANCHORS. METALCO GPDUE BUS SHELTER NTS SHEET TITLE: Ho qq so iC-esre CANOPY SHELTER& FURNISHING DETAILS Chi EnyYwwnp PROJECT: (-- -.. Law•Co"sm,aan arv.rre Plannong"' °'"` "u" STIHL INCORPORATED 1111 901 PortCentre Parkway, suites ADMINISTRATION BUILDING REPLACEMENT Portsmouth, VA 23704 VIRGINIA BEACH, VIRGINIA Phone: (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=NTS SHEET: 4 OF 5 A41. 4140, limmok&_ CL BUS CJJ4OPY COLUMN AND CAISSON BUS CANOPY BY OTHERS - f BASE PLATE AND ANCHORS BY OTHERS /// -COWAN'CHAMFER(IYP) 7 TOP Cf CAISSON / / CONCRETE PAD ELEVATION- f ,/ 1 .::... • !.':..:1.:•.--:-•--_-.. :0 '' •*.r..7::%. -!.;;;!;.'..i'' !'::.• -:1:';',..-4••;'-; : .7.,".- CONCRETE CAISSON •. .. ... .- ''. -. ::::•C'. .a; ..-. STD.Kr HOOKS ON 4 OUT I..- CL BUS CANOPY COLUMN AND CAISSON , •• •s'-'•••!'• •.,•s. :. !,• OF THE VERTICAL BARS, -.1.; •• ,•:,..i:,;.';•.',.•!•• -... OTHER BARS SHALL TERMINATE Y CLEAR FROM . !.•• •-;--:,': ,;41.:. FROM TOP OF CAISSON , / Ne..10 6 fl VERTICAL 1011.111\ ...,, ,-• -t•,:!'•,• •-• ....:L: REINPNICING • r.'-.f-sr f;:.: A k. 1 - , ••-• ...--. , • - . .,.•: :••;..,....,..f,. ....;....1:.:• , . %.,i1;.5:-...:.;:.•::;0- L.,.._. lb $4 TIES AT 1Tolc 'If,,•_•0!..,:,-.1'..+;;.:'..: ., . .-0 ''. : .0. : .• "--- 4. :•:i.4-.• 4': . . ' ....!::;,4'....7.34774 - • ::•:.e:: - • 7.:: .5.-.4.*:J.,,..:... . :. ....f :.::;..:.,.*•;%..7 -1?.°C,4 ;:. i;44.... .31:'... ..;*I ..: ".".•:':-/i.• --,,, . _ !.: !.. .::e;:. I ••:. .: _........;..pf • .., ..;•:•-• . -..4., -. ....l• . :7." r...:!.' ..... , ... .:.:„.!......„ ::, I ZOO 1 :%` 't:i• ••. .,:','..• •'' 1..I.,'-4,;;•;;•:::;.!::'7.; '..;',' IA I PLAN SECTION I . STANDARD ST HOOK r CLR.(TYP.) -- 1-- ZOO / TYPICAL BUS STOP CANOPY COLUMN FOUNDATION DETAIL NOT TO SCALE METALCO GPDUE BUS SHELTER FOOTING NTS •- /( Hociciarcl-Eure AtSociates CIA Enconsering Lzma•Const•vonoo Sts,er.^9 SHEET TITLE: CANOPY SHELTER DETAIL PROJECT: --- STIHL INCORPORATED (fp 901 PortCtParkway, Suite 5 ADMINISTRATION BUILDING REPLACEMENT enre Portsmouth,VA 23704 VIRGINIA BEACH, VIRGINIA Phone: (757)484-9670 PROJ. NO.:3110.18 DATE:01/25/2018 SCALE: 1"=NTS SHEET: 5 OF 5 EXHIBIT A: Disclosure Statement Form, Additional Information Section 1(A): List of Directors and Officers - Bjoern Fischer, President and Sole Director - Nick Jiannas, Vice President Sales and Marketing - Mark Scavillo, Vice President Finance, Corporate Secretary - Steve Ballenger, Vice President Operations - Scott Tilley, General Counsel Section 3: Services Disclosure: - Architect: o HBA Architecture & Interior Design, Inc. - Construction Contractors: o Hourigan Construction Corp - Engineers/Surveyors: o Hoggard-Eure Associates, P.C. - Owner's Representative: o Ingenuity Development gm" � o 9 ''\_\ °Q r— --,I 1111111 r. _cl 11 Illil-- - _____-_-- ._____R_____,,11::i, Alp 100 --Tip g w r111 7 qi IN QCO 00 LO c Z Z 1 z O w o J J o _---' E lL _ Y d I = = Q2 � � v �� R wi ,.,,______ _: . , _ . tib\.(, cRN��L� U Q d p _, _1 Et a_ o \-:. 1\ , • 1 a Z o Z w z i ' Li ! ti [ l' 7 5. = : • .___Y--- 1 ri1 r r 11 -1 L. ,., L--.= — �1 / 811 ' ti_.,,,7 "' VIKING DR � I �� �` - -I z I di3)im,,,�_ N _ \----- LJ nS, reIet \ ij.- ill Z I _ W 7 --I arx cc LYNNHAVEN PKWY a ■p ;t re iii- LONDON a r co ON BRIOGE RDo W co _ • EN rx Ii LOW. 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''''.112 ..14,- -,t, , . . it el 4 :4." .4 ..•••'''''' -.... . -.•,,.. )(It .... t' ' t '... .' ,.. . . - -..?' .., ., . . . ; •iCi..'' .. ., ;11, _ -. . i 1'4 • ,k-. , '.• 4 ? i ', 1,, 52 Item-VI-K 8a ORDINANCES/RESOLUTIONS ITEM#67779 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Virginia Department of Emergency Management to the Office of Emergency Management's FY 2017-18 Operating Budget: a. $3,500 re: City's Radiological Preparedness Program Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $3,500 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE OFFICE OF EMERGENCY 4 MANAGEMENT'S FY 2017-18 OPERATING BUDGET 5 6 WHEREAS, the Commonwealth of Virginia, via the Radiological Emergency 7 Preparedness Program, has made funds available to support emergency planning related 8 to nuclear accidents; 9 10 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That $3,500 in state revenue from the Virginia Department of Emergency 14 Management, is hereby accepted and appropriated, with state revenue increased 15 accordingly, to the FY 2017-2018 Operating Budget of the Office of Emergency 16 Management for the purchase of supplies to enhance the City of Virginia Beach's 17 Radiological Preparedness Program. 18 19 Requires an affirmative vote by a majority of all the members of City Council. Fe b r ua dopted by the Council of the City of Virginia Beach, Virginia on the 6th day of 2018. APPROVED AS TO CONTENT: APPR• I AS TO LEGAL SUFFICIENCY: &- r) I I David Bradley Dana Harmeyer Budget and Management Services City Attorney's Office CA14270 R-1 January 23, 2018 53 Item-VI-K.86 ORDINANCES/RESOLUTIONS ITEM#67780 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Virginia Department of Emergency Management to the Office of Emergency Management's FY 2017-18 Operating Budget: b. $15,000 re: medically friendly shelter exercise Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE OFFICE OF EMERGENCY 4 MANAGEMENT'S FY 2017-18 OPERATING BUDGET 5 6 WHEREAS, the Federal Government, via the 2017 Homeland Security Grant, has 7 made funds available to support terrorism preparedness; 8 9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That $15,000 in federal pass-through revenue via the Virginia Department of 13 Emergency Management, is hereby accepted and appropriated, with federal revenue 14 increased accordingly, to the FY 2017-2018 Operating Budget of the Office of Emergency 15 to conduct a medically friendly shelter exercise. 16 17 Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of February 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � C 6 David Bradley Dna Har eyer Budget and Management Services City Attorney's Office CA14269 R-1 January 23, 2018 54 Item -VI-K8c ORDINANCES/RESOLUTIONS ITEM#67781 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Virginia Department of Emergency Management to the Office of Emergency Management's FY 2017-18 Operating Budget: c. $19,000 re: Community Emergency Response Team (CERT) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $19,000 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE OFFICE OF EMERGENCY 4 MANAGEMENT'S FY 2017-18 OPERATING BUDGET 5 6 WHEREAS, the Federal Government, via the 2017 State Homeland Security 7 Program Grant, has made funds available to support terrorism preparedness; 8 9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That $19,000 in federal pass-through revenue via the Virginia Department of 13 Emergency Management, is hereby accepted and appropriated, with federal revenue 14 increased accordingly, to the FY 2017-2018 Operating Budget of the Office of Emergency 15 Management to purchase supplies related to the Community Emergency Response 16 Team. 17 18 Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of February 2018. APPROVED AS TO CONTENT: APP? e ED AS TO LEGAL SUFFICIENCY: /=)(fin /\) David Bradley - ar eyer Budget and Management Services City Attorney's Office CA14268 R-1 January 23, 2018 55 Item-VI-K9b ORDINANCES/RESOLUTIONS ITEM#67782 The following individuals registered to speak: Ken Chord, 3536 Clubhouse Drive, Phone: 340-6829, spoke in SUPPORT of OPTION 2. Diana Howard, 1057 Debaca Court, spoke in SUPPORT of OPTION 2. Barbara Messner, spoke in SUPPORT of OPTION 2. Virginia Wasserberg, 3881 Old Forge Road, Phone: 963-8679, spoke in SUPPORT of OPTION 2. Upon motion by Councilman Dyer, seconded by Council Lady Abbott, City Council ADOPTED, Ordinance to ACCEPT and APPROPRIATE: b. Option 2: $5292,784 to CIP 7-028 re: Windsor Woods Drainage — (REQUESTED BY ALL COUNCIL MEMBERS) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 OPTION 2 REQUESTED BY THE CITY COUNCIL 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $5,292,784 TO CIP 7-028 "WINDSOR WOODS 3 DRAINAGE" 4 5 WHEREAS, the City of Virginia Beach has received $5,292,784 in reimbursements 6 payments for expenditures related to the cleanup after Hurricane Matthew; 7 8 WHEREAS, the City staff has initiated three Flood Mitigation Assistance (FMA) grant 9 applications related to Windsor Woods (CIP 7-028): 10 • Kings Point Pipe Improvements: $201,115; 11 • South Plaza Pipe Improvements: $4,204,505; and 12 • Old Forge Pipe Improvements: $948,539; 13 14 WHEREAS, the aforementioned grants have not resulted in federal funding for the 15 projects, but the City Council desires to move forward with the design and construction of 16 such projects using the Hurricane Matthew reimbursements; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 $5,292,784 from Hurricane Matthew reimbursement payments is hereby accepted 22 from the Federal Emergency Management Administration and appropriated, with federal 23 revenue increased accordingly, to CIP 7-028, "Windsor Woods Drainage," to fund Kings 24 Point Pipe Improvements, South Plaza Pipe Improvements, and Old Forge Pipe 25 Improvements portions of CIP 7-028. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of February 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: Dana , e er City Attorney's Office CA14271 R-ALT 1 January 31, 2018 56 Item—VI-L PLANNING ITEM#67783 1. CONSUMER PROPERTIES,LLC VARIANCE 2. MICHAEL BINETTI& JEFFREY MURPHY VARIANCE 3. HH VB2,LLC MODIFICATION OF CONDITIONS 4. FRANKLIN JOHNSTON GROUP MANAGEMENT CONDITIONAL CHANGE OF & DEVELOPMENT,LLC ZONING 5. LARRY GARRISON&HILLTOP INVESTORS,LLC CONDITIONAL USE PERMIT 6. LUCIANA CRESPO& THE BRUCE W. &ELLEN CONDITIONAL USE PERMIT B. GALLUP JOINT REVOCABLE INTER VIVOS TRUST ABREEMENT 7. LYNNHAVEN MALL,LLC MAJOR ENTERTAINMENT VENUE SIGNAGE PERMIT February 6, 2018 57 Item -VI-L PLANNING ITEM#67784 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED, BY CONSENT:Items 1, 2, 3, 5, 6 and 7 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 58 Item—VI-L.1 PLANNING ITEM#67785 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED/CONDITIONED, BY CONSENT: CONSUMER PROPERTIES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re: lot area and width at 2311 Busky Lane, DISTRICT 6— BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CONSUMER PROPERTIES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re: lot area and width at 2311 Busky Lane (GPIN 1497965483) DISTRICT 6 — BEACH The following conditions shall be required: 1. The applicant shall be required to submit a subdivision plat substantially in accordance with the submitted subdivision exhibit depicted on page 5 entitled, "SUBDIVISION OF PROPERTY LOT D-1 S. J. POYNER ESTATE," dated September 22, 2017, and prepared by Bonifant Land Surveys, Inc. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department and Community Development. 2. When Lot D-1 is developed, the dwelling when constructed shall substantially adhere in appearance and size to the submitted elevation, entitled, "DATE JUNE 2017, PROPOSED NEW DWELLING, DRAWN BY A. J. LYONS, 2311 BUSKY LANE, "found on page 6 of this Staff Report. Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 . . , . . _ .-* ,+6 flpaN Ire %a- 0\ / . /7/ e7 /000/ :If.: . a) 113 -J 1,,,IN .-.... It-- 0 ic4 A N404.14410, . . \ .• \ • . , .-.. ..-"-.. . -,. 4V• N., • VW . \ II ..... .1. \ „ . rt N. \,.... .... \ "N \ .. ... ... ' ..... 0 / to \... ..' .. ... 0 .. . Ve. . \ ... Il 'I, ti I I I I I . I Il II/ I el I) .... ,I 11 ill .11 . ii ; ... 59 Item—VI-L.2 PLANNING ITEM#67786 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED/CONDITIONED, BY CONSENT: MICHAEL BINETTI & JEFFREY MURPHY for a Variance to Section 4.4(b)& (d)of the Subdivision Regulations re: direct access to a public street and lot width at the West side of Riddick Lane, DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MICHAEL BINETTI & JEFFREY MURPHY for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re: direct access to a public street and lot width at the West side of Riddick Lane (GPINs 1493249463, 1493249592) DISTRICT 7— PRINCESS ANNE The following conditions shall be required: 1. The reconfiguration of Lot H& I shall be substantially in accordance with the submitted subdivision exhibit entitled "Preliminary Resubdivision of Lots H&I, Property of Willie Riddick," dated December 12, 2017, and prepared by WPL. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on page 8, entitled "Proposed Dwellings", in the Staff Report, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. The site shall connect to water and sanitary sewer by any of the acceptable options approved by the City of Virginia Beach Public Utilities Department, as described in the "Public Utility Impacts"section on page 5 of the Staff Report or as otherwise deemed acceptable by the Department of Public Utilities. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 ' . ... ....• ..._ I . . \ir- .. . • ._•• ' V" ' , l' , '•X A3 Om ; I o ,1 • , , 1 ? • / / ' / ..v.n. ri'wki --- I 0-. . I . / , a ' .., , I s . \,.1..):.;...,,,.\.. • f / 41 / O...., 4( .4\ CD T-- - ,.-- 1116\ 181114 0 , , . 1 ,-"I Ai. I,. % 11, A A, l'A . • A / ..- ‘... , . . ..,.. , , \ , \ ...... . • .. .. -,....„--- —,-._....., ....e--' • a_ <-------- ..... ...< _ . I c) . i .-0( i \ \ . N a... .\ . \ \ e V . .--......._., ..„ \ . ., . ..___ i CI .._•,___ •-•. - . / . ....-7-- 0 _ ._ •_ ._ . ... , . . 0.1.11.A.$EAc ofir 9- `` City of Virginia Beach Op OURNA10" VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR February 12, 2018 BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 In Reply Refer to 0062274 (757)385-4581 FAX(757)385-5699 wsessomsOvbgov.com Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to the Conflict of Interests Act Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's February 6, 2018 discussion and vote the application of Michael Binetti for a subdivision variance for property located at the west side of Riddick Lane,approximately 1,380 feet from Indian River Road. I was out of town on February 6th and could not attend the meeting,but I nevertheless have chosen to make a disclosure. 2. The applicant submitted a disclosure form which lists TowneBank as a financial services provider. 3. I have a personal interest in Towne Bank, which is located at 600 22"d Street in Virginia Beach. I am no longer employed by TowneBank, and I do not personally provide services to this applicant on behalf of TowneBank. Please record this declaration in the official records of the City Council. Thank you for your assistance. Sincerely, William D. Sessoms Mayor WDS/RRI 60 Item—VI-L.3 PLANNING ITEM#67787 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED, AS MODIFIED/CONDITIONED, BY CONSENT: HH VB2, LLC for Modification of Conditions re: alternations to existing single-family home and to the apartment building at 400 33rd Street, DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HH VB2, LLC for Modification of Conditions re: alternations to existing single-family home and to the apartment building at 400 33rd Street (GPIN 2418925567) DISTRICT 6 —BEACH The following conditions shall be required: 1. When developed, the site shall be developed in substantial conformance to the submitted exhibit included in this report entitled, "PHYSICAL SURVEY OF PARCEL B, EXCLUSIVELY FOR HH VB2, LLC,"dated September 2, 2016, and prepared by Fox Land Surveying. 2. When constructed, the deck additions shall be in substantial conformance to the submitted building elevations entitled "LEFT SIDE ELEVATION" and "REAR ELEVATION" 3. The existing single-family dwelling shall not be altered to include more than two- dwelling units. 4. The total number of dwelling units on the site shall not exceed nine (9) units. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 N 1 I Iii I , .1 , . i, . ; ' , II o , ,1 , . , ,1 ill II III II rt II II . ___-------__-- • I III ..... .'....'..- < \II\ Il II --------- .. ... / il \.1._ // Ilk--,_ -... ,.., • --i-__ _.---r% ----- _..... .,._-. - l lit -- \II 'II 'III, I -. - ii ANIL 11111111. l' Ili lid -l'" 1 1— Ikl 10.' 1 A 1I—--''' IL .il I!I i II lirlailk — II i III i E .,I II _ _ iI \ . I.., ,Ill III 1 1,1141,1401, , tlE 1 II 1 ii ,t 1 ill . , ,till i .... I i _ _.._- i, ill I 1 . II . N - lit til I . II______ , 1 ill 1 N , NI ,IT-. 4: It .1 gr- II I 1 I , I 1 , 1( 11 I , , < . il I 1I I , ,i III , .,- ,--- . 1II , I, __--------- .„-- . ______----- , I 'I, , ,ill \ cc) It I IIII iI , II T-- II II %.•4 , II i it 1It II %It , , , i 1, . , , 1. id le ,..---"-.. ... I I 01.11A•$F4, 414 �Lr� G- z City of Virginia Beacla 0�g9�s S 41 Up OUR NAS:;N VBgov.com WILLIAM D.MAYOR OMS,JR. February 12, 2018 MUNICIPAL ILDI BCENTEUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23458-9000 (757)385-4581 FAX(757)385-5699 In Reply Refer to 0062273 wsessomsovbgov.00m Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to the Conflict of Interests Act Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's February 6, 2018 discussion and vote the application of HH VB2, LLC for a modification of conditions for property located at 400 33`d Street. I was out of town on February 6th and could not attend the meeting, but I nevertheless have chosen to make a disclosure. 2. The applicant submitted a disclosure form which lists TowneBank as a financial services provider. 3. I have a personal interest in Towne Bank, which is located at 600 22nd Street in Virginia Beach. I am no longer employed by TowneBank, and I do not personally provide services to this applicant on behalf of TowneBank. Please record this declaration in the official records of the City Council. Thank you for your assistance. Sincerely, I � William D. Sessoms Mayor WDS/RRI 61 Item—VI-L.4 PLANNING ITEM#67788 The following individual registered to speak: R.J. Nutter, attorney for the Applicant, spoke in SUPPORT. Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED AS PROFFERED: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC and SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B- 2 Community Business to Conditional A-24 Apartment at 273 North Witchduck Road, DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC and SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business to Conditional A-24 Apartment at 273 North Witchduck Road (GPIN 1467758675) DISTRICT 2 — KEMPSVILLE 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, on the Sixth day of February, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this 6th day of December, 2017, by and between FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC, a Virginia limited liability company ("FJG", to be indexed as grantor); SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, a body politic as set forth in Article VIII, Section 7 of the Constitution of Virginia ("School Board", and to be indexed as grantor) (FJG and School Board hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, School Board is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1467-75-8675-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, FJG is the current contract purchaser of the Property; and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 to Conditional A-24; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional A-24 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-24 zoning district by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN No. 1467-75-8675-0000 33117735v3 WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Renaissance Apartments", dated November 30, 2017, and prepared by Cox, Kleiwer & Company, P.C. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kleiwer & Company, P.C., entitled "Conceptual Elevations — Renaissance Apartments", and dated November 30, 2017 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. Upgrades to the architectural design and materials of the multifamily residential buildings constructed on the Property shall be permitted subject to approval by the City Planning Director. 3. Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Siska Aurand Landscape Architects, Inc., entitled "Overall Site Sheet Index — Renaissance Apartments", and dated December 1, 2017 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of 33117735v3 2 landscaping may vary from the Landscape Plan depending upon the availability of landscape material at the time of installation. 4. The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two-hundred forty (240). 5. Freestanding signage located on the Property shall be monument-style, no larger than eight feet (8') in height, and shall be constructed of materials compatible with those used for the buildings located on the Property. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 33117735v3 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT,LLC,a Virginia limited liability company By: iii(fr/V1 Its: �/�jp/1©el►ay r. /Cq STATE/COMMONWEALTH OF Vi e3 i n.l CITY/COUNTY OF Vir5 nla BC tt Lt. ,to-wit: The foregoing instrument was sworn to and acknowledged before me this pi day of Deain!I'' , 2017, by Tiv4v4sAl. 1olwr$ , in his capacity as Manager of Franklin Johnston Group Management & Development, LLC, a Virginia limited liability company. He is either personally known to me or has produced at cti-lvke4S /it.,,syse, as identification. Witness my hand and official stamp or seal this Iy day of l i 1,c 2017. fl'141/1 Notary Public (SEAL) My Commission Expires: t 3 G Z1 NOTARYBPUBLd IC s Jl1.0 Registration#7554270 Registration Number: $c{ COMMONWEALTH OF VIRGINIA Commission Expires June 30,2021 33117735v3 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. i \ 1 GRANTOR: SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, a body politic as ` � ' set forth in Article VIII, Section 7 of the ` `l . Constitution of Virginia Aies 110 FA• NI c &OONSTRUCTION By: `�l• dhiihAaf/P Its: C qrr • STATE/COMMONWE TH OF VI I" , ,y CITY/C- OF V Q, ° a.fr%+ ,to-wit: la The foregoing instrument was sworn to and acknowledged before me this i 7 -d.ry a of Pea. , 2017, by &verl y Al,AnderJa in his/her capacity as Cha t r of School Board of the City of Virginia Beach, Virginia, a body politic as set forth in Article VIII, Section 7 of the Constitution of Virginia. /she is either personally known to me or has produced 11CL as identification. Witness my hand and official stamp or seal this /9 day of Dec_ ,2017. Notary Public EAL) My Commission Expires: /� r.3� p2/ Registration Number: I7 , lo 51 .s....4NTH/q� ",, of Coy1 Gu r. K • DUMB. ON Iv 06 F i 'yso n•• ' \P 33117735v3 5 EXHIBIT A Legal Description ALL THAT certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "Parcel-A2" on that certain plat entitled "SUBDIVISION OF PARCEL-A RESUBDIVISION OF PROPERTY OF THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, INCLUDING THE CAREER DEVELOPMENT CENTER, CENTER FOR EFFECTIVE LEARNING AND SCHOOL PLANT (M.B. 212, PG. 95)", dated November 17, 2008, Scale 1" = 100', prepared by McKim & Creed, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20090507000504720. 33117735v3 6 4? , 1 I `hi , /,',/ 7 (NI I' LID— I 1.........__--............ .I amuse ,,....-,•• ei ii ... . •--------- - 11•C)------- 0 --- ----- - •'. FA II I [ Isi.i. ., r I P '.I A A L---1.t7. I C•4 I, I 9 . 0 • E _ 4-11' 1 !I 1 41 1---- Ifije 11.-F, .... 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L ----- I 1.— • ------ 0-_. ., . r • i 1 i • I . __..... 62 Item—VI-L.5 PLANNING ITEM#67789 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED, AS CONDITIONED, BY CONSENT: LARRY GARRISON & HILLTOP INVESTORS, LLC for a Conditional Use Permit re: motor vehicle sales at 1805 Virginia Beach Boulevard, Suite 102, DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LARRY GARRISON & HILLTOP INVESTORS,LLC for a Conditional Use Permit re:motor vehicle sales at 1805 Virginia Beach Boulevard, Suite 102 (GPIN 2407652769) DISTRICT 6—BEACH The following condition shall be required: 1. There shall be no more than ten (10) cars displayed and all displayed vehicles shall be located within the vehicle display area as designated by the site layout exhibit,found on page 5 of the Staff Report. 2. One medium shade tree and understory shrubs, as determined by the Development Services Center's Landscape Architect, shall be planted and maintained within the two landscape islands, as depicted in the site layout exhibit referenced in Condition 1 above. 3. A six-foot solid fence shall be installed and maintained along the southern property line. 4. The existing dumpster shall be screened by a fence or wall no less than six feet in height. 5. All signage on the site shall meet the requirements of the Zoning Ordinance. The motor vehicle sales operation shall be limited to one wall-mounted sign, which location is depicted on the site layout exhibit referenced in Condition 1 above. 6. No vehicles shall be parked or displayed within 30 feet of the Riddle Avenue right-of-way. 7. No outside paging or amplified music system shall be permitted 8. There shall be no decorative pennants,feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 9. No vehicles in a state of obvious disrepair shall be stored on the site. 10. There shall be no vehicle repair performed on the site. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Two Thousand Eighteen. February 6, 2018 63 Item—VI-L.5 PLANNING ITEM#67789 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 I Ci_ 1 __ -- _ __ I N 1 m i Ce viCOJ l Z 14.- • \ axe MQ W o r N. cc cp ta iv tkvenLte __-- -zi > �, Riddle w L 0 ,, , c ip o CONis \\L - ' ' • \re ,_ ... - 11'x' ter Ot+Ve _`___yti 64 Item-VI-L.6 PLANNING ITEM#67790 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED AS PROFFERED: APPROVED, AS CONDITIONED, BY CONSENT: APPROVED, AS CONDITIONED, BY CONSENT: LUCIANA CRESPO & THE BRUCE W. & ELLEN B. GALLUP JOINT REVOCABLE INTER VIVOS TRUST AGREEMENT, DATED DECEMBER 21, 2015,for a Conditional Use Permit re: tattoo parlor at 325 First Colonial Road, DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LUCIANA CRESPO & THE BRUCE W. & ELLEN B. GALLUP JOINT REVOCABLE INTER VIVOS TRUST AGREEMENT, DATED DECEMBER 21, 2015, for a Conditional Use Permit re: tattoo parlor at 325 First Colonial Road (GPIN 2407861291)DISTRICT 6-BEACH The following condition shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 If C N 4 ID ti °{ r....01' peou 1e1uo1o3 ;sJ)d ,_-7--- co _ ,., N N N - lki\a:1 It I i r-I -- I I I / m 1Ir----_1 1 Ki II L - it 4 L JLI I L _J J 1 1 1 65 Item-VI-L.8 PLANNING ITEM#67791 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED, AS CONDITIONED, BY CONSENT: LYNNHAVEN MALL, LLC for a Major Entertainment Venue Signage Permit at 701, 739, 745, 757 & 773 Lynnhaven Parkway; 1001, 1005 & 1009 Lynnhaven Mall Loop DISTRICT 3-ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LYNNHAVEN MALL,LLC for a Major Entertainment Venue Signage Permit at 701, 739, 745, 757 & 773 Lynnhaven Parkway; 1001, 1005 & 1009 Lynnhaven Mall Loop (GPINs 1496269419, 1496268097, 1496350434, 1496341955, 1496342787, 1496363430, 1496461559, 1496453926, 1496358830, 1496455278, 1496353639, 1496468297, 1496468027, 1496469093, 1496459637) DISTRICT 3-ROSE HALL The following condition shall be required: 1. When installed, the free-standing signs shall be installed in a location substantially conforming to the site layout included in the submitted sign package entitled, "GGP GENERAL GROWTH PROPERTIES, LYNNHAVEN MALL REFRESH PHASE 3, SITE SIGNAGE, 701 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VA," dated September 13, 2017, and prepared by CANNONDESIGN. 2. When installed, the free-standing signs shall be substantially conforming in size and appearance to the elevation drawings included in the submitted sign package entitled, "GGP GENERAL GROWTH PROPERTIES, LYNNHAVEN MALL REFRESH PHASE 3, SITE SIGNAGE, 701 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VA, " dated September 13, 2017, and prepared by CANNONDESIGN. 3. No additional free-standing signs shall be installed to the signs shown in the submitted sign package entitled "GGP GENERAL GROWTH PROPERTIES, LYNNHAVEN MALL REFRESH PHASE 3, SITE SIGNAGE, 701 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VA, " dated September 13, 2017, and prepared by CANNONDESIGN. 4. All approvals from the Department of Public Works, Real Estate division must be obtained prior to the installation of any signs located within the public right-of-way. 5. A permit must be obtained from the Planning Department, Zoning Division, for all signage prior to installation. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Two Thousand Eighteen. February 6, 2018 66 Item—VI-L.8 PLANNING ITEM#67791 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 I) I � .1 _ 1 �+tii Q • �e I, , i( Ng ,._ \' ) ' ea -11% ..----_::-.:-_,..,---,__.._ '. . r I COI di Ca`' .‘ -- „ -- M a:i (LP \'‘11\111 11111\,,,7, . , . _ . .• b. . 11 Sol 41114010 . . i. w� \\\ 4\ :.,..., .. ‘ e:- .):\. _ wo ' 14111.1k 4\ \\ I N -- .5‘,11.133 a . __ IS 'IL- . __------- 1 0 th m '�� ;;r 67 ITEM VI-M APPOINTMENTS ITEM#67792 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ADVERTISING ADVISORY COMMITTEE AUDIT COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF CODING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE(COG) COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD RESORT ADVISORY COMMISSION February 6, 2018 68 ITEM VI-M APPOINTMENTS ITEM#67793 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: VIRGINIA ROUNTREE—At Large Unexpired Term thru 08/31/2020 COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE(COG) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 6, 2018 69 Item-VI-P ADJOURNMENT ITEM#67794 Vice Mayor Louis R.Jones DECLARED the City Council ADJOURNED at 7:35 P.M. IC\4^0AAli 117 Amanda Barnes,MMC City Clerk Louis R.Jones William D. Sessoms,Jr. Vice Mayor Mayor City of Virginia Beach Virginia February 6, 2018