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05-01-2018 MINUTES m L-� OVR NAStq VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 1, 2018 Vice Mayor Jones called to order the City Manger's Briefings on the FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) in the City Council Conference Room, Tuesday, May 1, 2018, at 3:00 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, John E. Uhrin, Rosemary Wilson, and James L. Wood Council Members Absent: None 2 ADD ON 2018 COLLEGE BEACH WEEK POLICE STATISTICS Deputy City Manager Steve Cover expressed his appreciation to City Council for their continued support. Deputy City Manager Cover provided a brief overview of the events from the weekend while Chief Cervera presented the attached Briefing to City Council. May 1, 2018 a) V • ,_....O a_ a) ca 4u a) c1) a) _ V U o 6+7) ,( ( 473V) v) a) a) m CaE 4-) 4U V) co _ `- (1) •a 1E ...... 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A ummai Ohs { ■ M IV Q C i IN o VI � 4., a.) to = 0 '.�� CO a) r-4 h,4 S IN CD a E en '� o 0 = N 0 e..1 ■ V I Lrir+ e^7`i gi 6 !Li C3 uri 6 1:1C vc' opnr.,'^ oev.r-�acm,ako� a CV Co0U © u •(aaOC ■8111 a m o m a N b.O ■ CL) M — `r , 1.. o V U Y . tJ Ip 1 pp o ■ I i r 1 1 1 1 , 0 0 0 0 0 0 0 0 0 cg 2 o ' � ? o d o c 3 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) GENERAL REGISTRAR ITEM#68019 3:23 P.M. Vice Mayor Jones welcomed Donna Patterson, General Registrar. Ms. Patterson expressed her appreciation to the City Council for their continued support: ij �1 i f si Voter Registration & Elections Budget Workshop May 1, 2018 Donna Patterson The Department's Budget decreased 5.5%: Voter Registration & Elections Operating Budget Program Unit FY 17-18 FY 17-18 FY 18-19 ,', FY 18-19 I Change FY 18 Amended FTE I Proposed FTE I Amended to FY 19 Proposed Voter Registration& $1,828,553 12 $1,727,066 12 $101,487 -5.5% Elections Total $1,828,553 12 $1,727,066 12 $(101,487) (5.5%) May 1, 2018 4 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) GENERAL REGISTRAR ITEM#68019 (Continued) Here are the Department's Trends&Issues: Voter Registration&Elections Trends&Issues ➢ Increase in absentee voting > Last Year we saw a 50%increase in absentee voting in person and a 72%increase in by mail absentee voting from the last Gubernatorial Election > We anticipate that this will continue this November bringing our total absentee voting to right around 6,000 ➢ New location for office and warehouse > Currently working with Facilities Management on leasing a new secure location with additional space > Space will require build-out Here are the Department's Major Budget Changes: Voter Registration&Elections Major Budget Changes • Procuring the additional software needed to completely design our ballots and program the voting machines • Obtaining a new space for the office and warehouse Vice Mayor Jones expressed his appreciation to Ms. Patterson and the entire Department for their work and dedication to the City. May 1, 2018 5 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) CITY ATTORNEY ITEM#68020 3:29 P.M. Vice Mayor Jones welcomed Mark Stiles, City Attorney. Mr. Stiles expressed his appreciation to the City Council for their continued support: to: City Attorney Budget Workshop May 1, 2018 Mark D. Stiles The Department's Budget increased 3.6%: City Attorney Operating Budget Program Unit FY 17-18 FY 17-18 FY 18-19 FY 18-19 Change FY 18 Amended FTE I Proposed FTE Amended to FY 19 Proposed Legal Services $4,303,791 42.61 $4,459,610 42.61 $ 155,819 +3.6% Total $4,303,791 42.61 $4,459,610 42.61 $155,819 +3.6% 5.3% 411 94.7% l]Personnel■Operations May 1, 2018 6 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) CITY ATTORNEY ITEM#68020 (Continued) Outside Counsel vs.In-House FY1417 • 24 full-time and 1 part-time attorneys s..e supported by 17 professional staff and 1 Legal Office Administrator $367 $3.1e • Divided into five functional sections: $3" — Real Estate;Litigation;Policy and Administration;Land Use;and Public Education • Represent and provide legal advice and services to all City departments,boards, commissions,employees and volunteers • Provided or managed 39,525 legal m. wss me CI) service hours in FY17 • 87%of legal services provided in-house at an average cost of$109 per hour • The average cost of all legal services provided was$149 per hour Here are the Department's Accomplishments: FY 2016-17 Accomplishments Freedom of Information Act:Responded to more than 600 requests, provided copies of more than 76,000 pages of documents and facilitated the inspection of thousand of additional records. • Conflicts,Contracts,and Ordinances and Resolutions:Analyzed more than 100 potential or actual conflicts of interests and provided written opinions and disclosures or abstention letters;reviewed more than 1,000 goods and services contracts for legal sufficiency;prepared over 300 ordinances and resolutions adopted by City Council. • Provided legal work and negotiated terms to allow the first two transatlantic cable sites at Camp Pendleton. May 1, 2018 7 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) CITY ATTORNEY ITEM#68020 (Continued) FY 2016-17 Accomplishments fr Provided legal services for neighborhood dredging in the following neighborhoods:Gills Cove,Harbour Point,Hurds Cove,Little Neck Creek, Shadowlawn,Chesopeian Colony,Bayville Creek,Dix Creek and Thoroughgood Cove. fr Support for Human Services Mission:Concluded 372 child abuse and neglect cases,13 child protective services cases and 44 adult protective services cases. fr Public Education:Resolved four U.S.Department of Education,Office of Civil Rights complaints and nine Virginia Department of Education discrimination complaints;reviewed 547 education related goods and services contracts and three construction contracts;completed the sale of the Adult Learning Center to the City. 'Volunteer Statistics-Department had four volunteers which provided 790 hours. Here are the Department's Trends&Issues: City Attorney Trends&Issues ➢ FOIA requests increasing in number,size and complexity > Basic services(COIA analysis,contract review&ordinance drafting)also increasing > DRS need and support remaining consistent ➢ Major Projects:Dome Site,Sports Center and Pier ➢ Significant Litigation:Arena,Voting Rights Challenge Vice Mayor Jones expressed his appreciation to Mr. Stiles and the entire Department for their work and dedication to the City. May 1, 2018 8 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) CITY AUDITOR ITEM#68021 3:41 P.M. Vice Mayor Jones welcomed Lyndon Remias, City Auditor. Mr. Remias expressed his appreciation to the City Council for their continued support: kV" OFFICE OF THE CITY AUDITOR Budget Workshop May 1, 2018 Lyndon S. Remias, City Auditor >l r 4 2 Our Mission: 11-1.1 _1 Promoting Accountability& Integrity in City Operations 11 senema e l_- May 1, 2018 9 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) CITY AUDITOR ITEM#68021 (Continued) 3 Organizational Chart - 17180 City Auditor Lyndon Remias,CPA,CIA Deputy City Auditor _ Deputy City Auditor Chris Ford,CPA Gretchen Hudome,CIA,CRMA Forensic Audit Manager _ Senior Auditor Sharon Hayes,CFE,CICA Tim Bell,CICA _ Contracted _ Senior Auditor Manpower Tony Gonzalez,CPA,MBA Administrative Specialist I Rosana Clark The Department's Budget increased 9.2%: Office of the City Auditor Operating Budget Change FY 18 FY 17-18 FY 17- FY 18-19 FY 18-19 Amended to FY 19 Program Unit Amended 18 FTE Proposed FTE Proposed Personal! $ 833,891 7.0 $ 900,056 8.0 $ 66,165 7.9% Fringe Benefits Operating/ $ 32,201 7.0 $ 46,247 8.0 $ 14,046 43.6% Capital Total $ 866,092 7.0 $ 946,303 8.0 $ 80,211 9.2% May 1, 2018 10 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) CITY AUDITOR ITEM#68021 (Continued) Fraud Investigation Division FTEs vs. Amount of Annual Investigations Investigations cLIIIN0A47° --0FY 11 0 Frr130 r0 FY150 r0 r0— Inv esgatOns -r FTEs 6 Fraud, Waste, and Abuse Prevention and Reporting Program • Since the inception of the • In FY 17,we conducted 76 program over 10 years ago,the number of investigations has investigations. increased substantially. • The program has a 24/7 confidential hotline and online process for employees and citizens to report suspected ( — fraudulent activities. . • While the number of _ investigations varies annually the complexity and time to resolve has increased and affected the number of hours , ., required to support the !' mandated program. May 1, 2018 11 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) CITY AUDITOR ITEM#68021 (Continued) 7 Value Added — Return on Investment High performing,results oriented audit shop: • Responsive to City Council and City Manager • New and/or improved departmental operating procedures • New and/or improved internal controls • New and/or improved customer service • Cost recoveries resulting in revenue to the City •Transparency to the citizens • Enhanced trust of the citizens 8 QUESTIONS? Vice Mayor Jones expressed his appreciation to Mr. Remias and the entire Department for their work and dedication to the City. May 1, 2018 12 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) CITY CLERK ITEM#68022 3:50 P.M. Vice Mayor Jones welcomed Amanda Barnes, City Clerk. Mrs. Barnes expressed her appreciation to the City Council for their continued support: Municipal Council and City Clerk's Office Budget Workshop FY2018-19 Amanda Barnes,MMC City Clerk Municipal Council Operating Budget Program Unit 1 FY 17-18 ' FY 17- FY 18-19 1 FY 18- Change FY 18 Amended 18 FTE Proposed 19 FTE Amended to FY 19 Proposed Municipal $ 517,719 11.0 $ 583,962 11.0 $ 66,243 1.13% Council May 1, 2018 13 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) CITY CLERK ITEM#68022 (Continued) Municipal Council FY 2018-19 Budget 0 Budget by Fund ■General Fund Budget by Expense Category Personnel Operations 3 City Clerk Operating Budget Program Unit FY 17-18 FY 17- FY 18-19 FY 18- Change FY 18 Amended 18 FTE Proposed ' 19 FTE Amended to FY 19 Proposed City Clerk $658,341 6.0 $ 640,073 6.0 18,268) (1.03%) May 1, 2018 14 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) CITY CLERK ITEM#68022 (Continued) City Clerk's Office FY 2018-19 Budget Budget by Fund • ■General Fund Budget by Expense Category •Ilin .01- ` ;parr: Personnel •Operations Vice Mayor Jones expressed his appreciation to Mrs. Barnes and the entire Department for their work and dedication to the City. May 1, 2018 15 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) REAL ESTATE ASSESSOR ITEM#68023 3:52 P.M. Vice Mayor Jones welcomed Ronald Agnor, Real Estate Assessor. Mr. Agnor expressed his appreciation to the City Council for their continued support: tea . Real Estate Assessor Budget Workshop May 1, 2018 Ronald D.Agnor The Department's Budget increased 1.01%: Real Estate Assessor Operating Budget Program Unit FY 17-18 FY 17-18 FY 18-19 FY 18-19 Change FY 18 Amended FTE Proposed FTE Amended to FY 19 Proposed Real Estate $3,304,156 34 $3,337,538 34 $33,382 1.01% Assessor Board of 3004 0 2 980 0 (24 Equalization l JO 80%1 Total $3,307,160 34 $3,340,518 34 $33,358 1.01% May 1, 2018 6 16 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) REAL ESTATE ASSESSOR ITEM#68023 (Continued) FY 2018-19 Proposed Budget $305,907 9.2% Budget by Expense Category EMIlk . 4 , X721 sumo Personnel •Operations Here are the Department's Trends&Issues: Real Estate Assessor Trends&Issues > The number of short sales,foreclosures,and foreclosure sales executed in the City continues a downward trend.As seen in the chart below,over the past two years,there have been total decreases of 35.0%,273%,and 31.7%,in the respective categories. Sale Type 2015 2016 i 2017 Short Sales 263 236 171 Foreclosures 916 799 664 Foreclosure Sales 785 725 536 ➢ Pricing power remains good,but at a slightly lower rate of growth YoY.Single family housing inventory(listings)at the start of 2018 was the lowest in 10 years. Months to absorb inventory also hit a low of 3.95 months YoY. ➢ There is some volatility in overall new construction,but appreciation of existing residential appears to be normalizing.Commercial properties are Increasing at a normalized rate. Apartments are increasing at the highest rate in years due to resale of existing units at low OAR and new units being brought to the market. ➢ While interest rates are currently low,an increase in mortgage rates could have a negative effect on the market because average assessment and sales prices are still on the rise. > We are using iPads to assist in field inspections and verifications.Future technological upgrades are to have a mobile app that would allow the appraisers to enter data directly from the field via iPads,and to enhance the digital capability of providing neighborhood maps and additional layers of data that will not need to be printed,thus reducing the costs associated with printing. Vice Mayor Jones expressed his appreciation to Mr. Agnor and the entire Department for their work and dedication to the City. May 1, 2018 17 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) FINANCE ITEM#68024 4:01 P.M. Vice Mayor Jones welcomed Taylor Adams who is filling in for Patricia Phillips, Director - Finance. Mr. Adams expressed his appreciation to the City Council for their continued support: CD Finance Department Budget Workshop May 1, 2018 Patricia A. Phillips, Finance Director The Department's Budget increased 2.4%: Finance Department Operating Budget FY 17 FY 18 FY 17-18 -18 FY 18-19 -19 Change FY 18 Amended Program Unit Amended FTE Proposed FTE to FY 19 Proposed Directors Office $630,531 5.0 $852,053 6.0 $221,522 35.1% DMV STOP 313,000 0.0 650,000 0.0 337,000 107.7% Program Financial Systems 452,483 4.0 742,458 7.0 289,975 64.1% Services Accounting& 856,340 8.0 928,458 8.0 72,118 8.4% Reporting Payroll 876,586 10.0 865,629 10.0 (10,957) (1.2%) Accounts Payable 722,899 9.0 565,484 8.0 (157,415) (21.8%) Purchasing 1,286,880 14.0 1,342,978 14.0 56,098 4.4% General Fund $5,138,719 50.0 $5,947,060 53.0 $808,341 15.7% Risk Mgmt ISF 18,254,856 7.0 18,197,111 7.0 (57,745) -0.3% Capital Projects ISF 174,030 2.0 0 0.0 ($174,030) (100.0%) Total $23,567,605 59.0 $24,144,171 60.0 $576,566 2.4% May 1, 2018 18 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) FINANCE ITEM#68024 (Continued) Here are the Department's Trends&Issues: Finance Trends & Issues • SWaM Procurement Programs: Disparity Study continues(estimated completion Summer 2018). Expect significant cost in recommendations. • Financial Systems Modernization and Citywide Financial Infrastructure:Upgrade of 19-year-old Oracle application and addition of Timekeeping/Scheduling system — Cornerstone of a well-managed government,creating future capacity — 21"Century dashboards,mobile technology,paper reduction — Elimination of shadow systems,duplication and inefficiencies — Requires staff expansion—1 FTE added in FY19 • Risk Management Fund: Effective January 1,2018 WC fee schedule;rebuild fund • Triple-A bond rating: Constant review to maintain • State level involvement: LODA(Line of Duty Act),VRS&VRS/Deferred Compensation Program,Disability Retirement,Retiree Healthcare,VDOT billings • DMV STOP Program fee increase$20 to$25 used for delinquencies Increasing Expenditures... Minority Business Expenditures $25 $20.4 $20 $17.4%- $1a.1 $15 $12.9 $11.5 $10 $5 $0 FY13 FY14 FY15 FY16 FY17 May 1, 2018 19 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) FINANCE ITEM#68024 (Continued) Financial Systems Projects PROJECT 3695—CIT 21n Century Enterprise Resource Planning(ERP)System (Budget and Financial Applications) • Projects* • Dashboards*&Mgt.Analytics* • Grants* • Accounts Receivable(AR)* • General Ledger • Financial Reporting • Procurement,Vendor Portal*, Contracting*,Spend Analytics*,Sourcing* • Accounts Payable • Fixed Assets/Inventory* • Cash Management • E-Records*,Automated Approvals PROJECT 3663—CIT Enterprise Scheduling and Timekeeping System* FY19—1 new FTE to support applications •Denotes New Applications and Functionality Risk Management Division-ISF FY 19 Budget $18.2 M • Departments charged based on actual experience • Internal insurance company for City — Coverage for all City-owned real property over$3.9 in assets — Workers Compensation:Self-insured first$1.25M — Automobile&Liability Insurance:Self-insured first$2M • Administer vehicle titles and coordinates information on take home vehicles • Total expenditures:$15.7M in FY17 • Disaster Cost Recovery:$5.3M received for Hurricane Matthew • Workers'Compensation is$9.9M in expenditures(63%of total cash expenditures),of which$4.8M(48.5%)paid to or on behalf of inactive employees • Estimated net actuarial liability$17.3M($40.2M total actuarial estimated liability minus$22.9M in cash to cover @57% --funding level goal is 70%) • Gradually Rebuild from Year End General Fund balance. May 1, 2018 20 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) FINANCE ITEM#68024 (Continued) Triple-A Bond Rating • For 8th consecutive year,all 3 agencies affirmed the City's Triple-A rating with stable outlooks • Triple-A rating indicates strong capacity to meet financial obligations resulting in favorable interest rates • Bonds issued on reimbursement basis&rapid retirement of debt • 45 bond issues outstanding to manage payments,security,IRS and SEC (meet continuing disclosure requirements) • Currently over$1.2 billion outstanding of which$932.1M tax supported& $290.1M W&S,Storm Water and ARP • December 19,2017 General Obligation Public Improvement Advance Refunding sale saved taxpayers$8.3M over the next 15 years($6.8M NPV or 8.7%of refunded bonds)with savings to City/Schools of$772k in FY 2018&$226k in FY 2019 • Continue to review for current refunding opportunities(advanced refunding tax exempt no longer permitted) • Communicating to three major rating agencies Conclusions • SWaM/Minority Business Procurement–Responding to disparity study,multiple coaching and business programs for SWAM vendors;staffing Minority Business Council,Expo/other events. Expect Study recommendations to have implementation costs. • ERP Infrastructure–Staffing determines success. Reduces high risk of NOT implementing city department needed functionality. Invests in sustaining future financial improvements and ensuring workforce utilization to potential. Reduces sub-optimization. • Risk Management Fund–Current liabilities$40.2M,assets of $22.9M,leaving$17.3M deficit.Goal is to be 70%funded;current level is 57%. Continue to build a safety culture and implement changes in medical costs authorized by the General Assembly. Gradually rebuild fund from year end GF Balance. • Debt Management—within policies Vice Mayor Jones expressed his appreciation to Mr. Adams and the entire Department for their work and dedication to the City. May 1, 2018 21 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HUMAN RESOURCES ITEM#68025 4:08 P.M. Vice Mayor Jones welcomed Regina Hilliard, Director—Human Resources. Ms. Hilliard expressed her appreciation to the City Council for their continued support: it lsi DEPARTMENT OF HUMAN RESOURCES Budget Workshop May 1, 2018 Regina S. Hilliard, Director The Department's Budget increased 2.13%: HUMAN RESOURCES OPERATING BUDGET Change FY 11- FT 18-19 FY 18 Atnes'4e4 to FY 1111111111111 Director's Office 392,419 3 487,765 4 95,346 24.30% Employee Relations 543,524 7 538,249 7 (5,275) -0.97% Staffing& Compensation 1,340,598 17 1,352,225 17 11,627 0.87% Learning& Development 810,253 7 800,106 7 (10,147) -1.25% HR Police Services 119,061 1 118,746 1 (315) -0.26% Member Communications 119,457 1 119,676 1 219 0.18% Human Rights Commission 72,328 1 66,229 1 (6,099) -8.43% Occupational Safety &Health 1,372,073 12 1,388,511 12 16,438 1.20% Total $4,769,713 49 $4,871,507 50 $101,794 2.13% z May 1, 2018 22 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HUMAN RESOURCES ITEM#68025 (Continued) Here are the Department's Trends&Issues: DEPARTMENT OF HUMAN RESOURCES TRENDS&ISSUES • Technologically Focused - Enhanced Recruitment and Onboarding Systems - Performance Management integrated w/HRIS - Digital Personnel Records-No paper personnel files - Learning Management System-Stores and manages certifications and training records - Increased reporting capabilities needed - Integrated systems(HRM,Performance Mgt,Budget) - More employee self service • Modernization of Leave Benefits - Parental Leave and Maternity Leave - Leave Donation Policy Here are the Department's Major Budget Changes: HUMAN RESOURCES MAJOR BUDGET CHANGES • Continuing Technological Focus New position to focus on technology - Key Contributor for Time&Attendance Project • Enhancement of Benefits Package - Modified Christmas Eve Holiday - Eliminate Birthday Leave,added Flexible Holiday May 1, 2018 23 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HUMAN RESOURCES ITEM#68025 (Continued) DEPARTMENT OF HUMAN RESOURCES FUTURE CONSIDERATIONS • Enhanced Recruitment - Competition in national labor market - Expansion of presence in social media - Low unemployment rates • Turnover and Retirement Eligibility • Healthcare Cost Trends • Revisions to Fair Labor Standards Act Vice Mayor Jones expressed his appreciation to Mrs. Hilliard and the entire Department for their work and dedication to the City. May 1, 2018 24 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) COMMUNICATIONS OFFICE ITEM#68026 4:15 P.M. Vice Mayor Jones welcomed Julie Hill, Director — Communications Office. Ms. Hill expressed her appreciation to the City Council for their continued support: y H s1 Communications Office Budget Workshop May 1, 2018 Julie Hill The Department's Budget increased 9.15%: Communications Office Operating Budget FY 17-18 FY 17-18 FY 18-19 FY 18-19 Change FY 18 Program UnitAmended to FY 19 Amended FTE Proposed FTC Proposed $1,627,665 18.50 $1,791,762 20.50* $164,097 9.158% *1 transfer from VBCPS May 1, 2018 25 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) COMMUNICATIONS OFFICE ITEM#68026 (Continued) Here are the Department's Trends&Issues: Trends & Issues in Communications ❑Direct Communication ❑Added new tools to improve communications and expand citizen engagement opportunities ❑Addressing rumors,fake news and misinformation ❑Sourcing New Content Management System (CMS) Here are the Department's Major Budget Changes: Communications Office Major Budget Changes • $4,500 to automate social media archiving • $9,500 in additional funding to maintain subscription of Publiclnput.com • $82,116 Media and Communications Coordinator • Television Operations Technician funded by Schools in 2017-18; transferred to City in FY2018-19 (paid for by the Schools) Vice Mayor Jones expressed his appreciation to Ms. Hill and the entire Department for their work and dedication to the City. May 1, 2018 26 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) STiR OFFICE ITEM#68027 4:23 P.M. Vice Mayor Jones welcomed Ken Chandler, Deputy City Manager. Mr. Chandler expressed his appreciation to the City Council for their continued support: City of Virginia Beach \13STiR sInntr oteguahoy,7n&R}ansesiliparency, ency Office Budget Workshop May 1, 2018 eir:pi)20 ,N The Department's Budget decreased 14%: STiR Operating Budget shnn:uu.r,o,i>pyur�,a:,. l u utinn k Rrsilienry 7,;e Program Unit FY 17-18 FY 17-18 FY 18-19 FY 18-19 Change FY 18 Amended FTE Proposed FTE Amended to FY 19 Proposed STIR Office $ 698,276 6.0 $599,904 6.0 -$98,372 14% Total $698,276 6.0 $599,904 6.0 $(98,372) (74%) May 1, 2018 27 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) STiR OFFICE ITEM#68027 (Continued) STIRSignificant Issues Innnrntinn 8-Rcciliencq 011ie > Continue to coordinate the alignment of the organization's strategy to City Council's vision and goals > Assist in building a performance measurement system to make better decisions in planning,implementing,and resourcing,utilizing metrics and data in our decision making. > Refine Innovation lab space to best meet the needs of the City in terms of innovation and process improvement. Vice Mayor Jones expressed his appreciation to Mr. Chandler and the entire Department for their work and dedication to the City. May 1, 2018 28 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) BUDGET and MANAGEMENT SERVICES ITEM#68028 4:26 P.M. Vice Mayor Jones welcomed David Bradley, Director—Budget and Management Services. Mr. Bradley expressed his appreciation to the City Council for their continued support: i 42) ii 0N Budget & Management Services Budget Workshop May 01, 2018 David Bradley The Department's Budget decreased 3.0%: Budget&Management Services Operating Budget Program Unit FY 17-18 FY 17-18 FY 18-19 FY 1849 Change FY 18 Amended FTE Proposed FTE Amended to FY 19 Proposed Budget& Management $1,466,209 14.0 $1,422,761 14.0 ($43,448) (3.0%) Services May 1, 2018 29 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) BUDGET and MANAGEMENT SERVICES ITEM#68028 (Continued) Here are the Department's Trends&Issues: Budget and Management Services Trends& Issues ➢ Enhanced Access&Transparency Open Performance Balancing Act 88 citizen budget submissions to date Here are the Department's Major Budget Changes: Budget and Management Services Major Budget Changes • Conversion of 2 Part-Time Positions to 1 Full- Time Account Clerk I Position • 1 Less position in FY19 than in FY89 rut . t9 «n. rlww:�.l Swr�aFr:u.orPWOG, tv.walow C.,00d' - 1901-60 1960-09 C.ttt.t.d silo-tl Ad l..1 ed C.rrmt Mow Tat.l {nar.l l.rK tttul tud.et S.rtlt.. C.rt..t tnrtN.ud.l t..dgtt..d C..Iwti.d + 565.115 6 •03.061 5 617.245 S _ 0 6 611,tO 66tYur5a/: C9jl4t61 7.06 F.r.tdin , F.11-sit. 13.0 14.0 24.0 0.0 14.0 0.0_ S0 May 1, 2018 30 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) NON-DEPARTMENTAL. ITEM#68029 Mr. Bradley continued the presentation for Non-Departmental: 0 ep.''' N Non-Departmental Budget Workshop May 01, 2018 David Bradley Non-Departmental: What is it? Catch-All for City-wide items • Includes: >Employee Benefits and Benefits Administration >Retiree Health Care >Real Estate Tax Relief >Organizational Grants&Community Organization Grants ➢The City's External Audit >Building Leases and Contracts May 1, 2018 31 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) NON-DEPARTMENTAL ITEM#68029 (Continued) The Non-Departmental Budget increased 6.3%: Non-Departmental TOTAL Operating Budget Program Unit FY 17-18 FY 17- FY 18-19 FY 18- Change FY 18 Amended 18 FTE Proposed 19 FTE Amended to FY 19 Proposed Total $76,466,288 0.0 $81,283,547 0.0 $4,817,259 6.3% Non-Departmental by Fund Town Center SSD l% Town Center TM 10% General 47% El Non-Departmental Operating Budget Program Unit FY 17-18 FY 17- FY 18-19 FY 18- Change FY 18 Amended 18 FTE Proposed 19 FTE Amended to FY 19 Proposed General Fund $35,796,660 0.0 $38,066,191 0.0 $2,269,531 6.3% Total TIP Total $30,274,290 0.0 $32,335,631 0.0 $2,061,341 6.8% Town Center TIF Total $7,964,195 0.0 $8,343,269 0.0 $379,074 4.8% Town Center SSD Total $2,431,143 0.0 $2,538,456 0.0 $107,313 4.4% Total $76,466,288 0.0 $81,283,547 0.0 $4,817,259 6.3% May 1, 2018 32 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) NON-DEPARTMENTAL ITEM#68029 (Continued) Here are the Non-Departmental Major Budget Changes: Non-Departmental Major Budget Changes • Veterans Real Estate Tax Relief Participation is up 106%and costs are up 193%from 6+years agoC—iparticipation —Cost 1600 $6,000,000 1200 r 55.000.000 1200 • $4.000,000 loco 800 $3,000,000 600 i iI $2,000,000 400 $1,000.000 200 • 0 $0 FY13 F314 FY15 FY16 FY17 .... • The Total FY19 Real Estate Tax Relief cost(Veterans, Elderly,and Disabled)increase will be$1,696,418 Non-Departmental Major Budget Changes Support for Lynnhaven River Now,Lifesaving Museum,and the Atlantic Wildfowl Museum has been relocated to Organizational Grants from other budget sources. Organization Grant FY 2018-19 Virginia Symphony 25,000 USO Wounded Warrior Week 20,000 Orchestra HRPDC-MMRS 90,726 Square One/GrowSmart 53,000 HRPDC-Membership 371,975 Court Appointed Special Advocates 48,000 HR Military and Federal 226,814 Students on the Swim 20,000 Facilities Alliance South East 4H 7,500 STOP Inc. 13,700 Hampton Roads Chamber 10,000 Navy League 21,250 Virginia Dare Soil and Water 8,003 Opportunity Inc. 106,436 Conservation We Feed 25,000 Achievable Dream 3,000 EVMS 450,528 Sponsorship for Oceana 75th 25000 Anniversary Building Trades Academy- 78,000 lifesaving Museum 59,630 Tidewater Builders HR Economic Development 403,000 Atlantic Wildfowl Museum 52,131 Alliance TCC 6,000 Sister Cities 22,000 VBSPCA 30,000 Lynnhaven River Now 181,839 American Red Cross 20,000 Together We Can 1,500 Virginians for High Speed 10,000 Opportunity Grants 34,359 Rail Virginia Arts Festival 350,000 May 1, 2018 33 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) NON-DEPARTMENTAL ITEM#68029 (Continued) Community Organization(COG) FY2017-18 Together We Can Foundation 25,000 Chesapeake Care 20,000 Armed Services YMCA of Hampton Roads 33,724 For Kids 15,000 Eggleston 15,000 Samaritan House,Inc. 35,000 Judeo-Christian Outreach Center(JCOC) 70,000 Mother SetonHouse/Seton Youth Shelters 25,000 Children's Health Investment Program(CHIP) 8,550 The Foodbank of Southeastern Virginia 75,000 Children's Hospital of the King's Daughters,Inc. 30,000 Beach Health Clinic 47,500 Endependence Center,Inc. 20,000 Senior Services of Southeastern Virginia 61,662 Legal Aid Society of Eastern Virginia 20,000 Non-Departmental Major Budget Changes • $340,000 Lease for Voter Registration and Elections Office Space for Electoral Security Vice Mayor Jones expressed his appreciation to Mr. Bradley and the entire Department for their work and dedication to the City. May 1, 2018 34 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) CITY MANAGER ITEM#68030 4:36 P.M. Vice Mayor Jones welcomed David L. Hansen, City Manager. Mr. Hansen expressed his appreciation to the City Council for their continued support: 04., r City Manager's Office Budget Workshop May 1, 2018 David L. Hansen, City Manager City Manager's Office Operating Budget Program Unit FY 17-18 FY 17- I FY 18-19 FY 18- ' Change FY 19 Adjusted Adjusted 18 FTE Proposed I 19 FTE to FY 19 Proposed City Manager's $2,118,900 14.0 $2,305,109 14.0 186,209 8.8% Staff Office of Volunteer 214,578 2.5 305,080 4.0 90,502 42.2% Resources Total $2,333,478 16.5 2,610,189 18.0 276,711 11.86% Vice Mayor Jones expressed his appreciation to Mr. Hansen and the entire Department for their work and dedication to the City. May 1, 2018 35 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 4:40 P.M. Vice Mayor Jones welcomed Mark Shea, Comprehensive Planning Coordinator. Mr. Shea expressed his appreciation to City Council for their continued support: BURTON STATION STRATEGIC GROWTH AREA PLAN UPDATE CITY COUNCIL BRIEFING MAY 01,2018 t� rf• . 4� r:asn.r n if1-✓. rw is ,a• ' -re err •(j Mark E.Shea,Comprehensive Planning Coordinator Here is an Overview of today's Presentation: ORDER OF PRESENTATION • Burton Station Strategic Growth Area Plan(SGA) actions to date • Summary of 2009 Plan and reasons for updating the plan • Capital Projects underway and programmed • Highlights of Draft Plan Update • Burton Crossing Rezoning May 1, 2018 36 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) Here is an Overview of the SGA Plan Actions to Date: SGA PLAN ACTIONS TO DATE • Initial briefings held with City Council on Nov.28,2017 and Planning Commission Jan.10,2018. • First public meeting was held Jan.25,2018.Focus of this meeting was on future land use for Burton Station Village. • Briefing given to L and J Gardens Civic League on Feb.22,2018. • Briefing given to Hampton Roads Association of Commercial Realtors (HRACRE)on March 7,2018. • Second public meeting held March,26,2018. • First steering committee meeting on April 16,2018. • • Third public meeting held on April,19,2018. 3 EXISTING PLAN- .i ADOPTED , f, JANUARY 27, 2009 .t„„, _ ul>I.1-FM tt\ i • May 1, 2018 37 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) Three (3)Alternatives were presented for Burton Station Village: PLAN ADOPTION-JANUARY 27,2009 3 Alternatives Presented for Burton Station Village: Option 1- Option 2- Option 3- Predominately Low Predominately High Predominately High Density Residential Density Residential Density Commercial •' , •. � • F• T\ The Stakeholders chose Option 1: PLAN ADOPTION -JANUARY 27,2009 Stakeholders Chose Rte, Option 1:Low Density r".„ — ! .2-- Residential • • 31 existing homes r 38 new single family homes / 441 • Corner shop t ? ' ,;III Senior Living Facility ir • • Community Center r Memorial Park • Relocate Golf Course tl. �'r 0 Truncate Burton A \ Station Rd,add loop road May 1, 2018 38 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) There are a number of things having changed prompting the Plan Update: WHERE ARE WE NOW? • Things have changed-Time for Plan Update • No More Golf Course �� • Outlet Mall !r.r. "" — Developed - ' -- se- - ".'.Rr 1 • Road network �.�, +• changed(Wesleyan ff Dr.is now Premium r. Outlet Blvd,Burton Station Rd will now _ _ need to remain open to Miller Store Rd) • 381-Unit Apartment Project Approved • Airport Authority Re- zoned their property to I-1 in 2017 This map shows the area, today: WHERE == ARE WE ,r -o =� NOW? :- - ' 5- 2.tY sAir • A z , • e • % - /'1$ ttto ,� yrs � May 1, 2018 39 CITY MANAGER'S BRIEFINGS BURTONSTATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) CAPITAL PROJECTS Here is an overview of the Infrastructure Improvements and Construction of Burton Station and Tolliver Roads: f -f Don Station Road ,* t.. Northampton Blvd to Tim id` y \ \ 1 Rd aw' h 1-1, : , iolFrr r lead f = 300'west of Burton Station Road to RR J 4 .r%\ • Total Project Cost ','s.i'<i $15 million ? • Construction > 4 A:. t awarded January 2018 ,�1f' 'f, • Construction start .. , •., on12o18 '*,4 /' it� Construction j .r-fi �, r�N 'A completion Summer Iao } r>` 2019 ofi IPa, f d May 1, 2018 40 CITY MANAGER'S BRIEFINGS BURTON STATION, STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) Here is a rendering of the proposed Burton Station and Tolliver Roads: Burton •. s"i 6 Station - ~ • J _ - ; Road 0r%7i '-N. _ade. Ait, il __ ,,-„ ,--.. ,„. -ib,.. Tolliver ° .z.z - - RoadK,7 s :< The next phase is the improvements to Burton Station Lake: r,„ r, ,�i-° 1,,,,,..,a•.. JS Lake Outfall \‘s4 ti. i, „g , . ; Improvements % i 4^ Scope:Piping and ,� concrete flume from +`,. -. sta ly '., , lake to Diamond t33 Springs Road .` ,C ,�� _� 1* ,r,{�,� `� Cost Participation } Agreement:City e n i NI 4 design and acquire iiifir^ .. „1� property:Developer to • Construct �Tx e l : F - • Total Project Cost • .- ¢. s .!g ;1.5 million r, +} Acquisition WI + -�, Complete Construction start 'r `rti � Summer 2018 x 't.- � -c-°'''rte h` '` � �:,� Construction ` : ttilii: �� Completion early / ,p �' 2019 t May 1, 2018 41 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) Public Utilities will be improvi1101111r (' ."'%tic' ng the Sanitary Sewer Pump Station: Sanitary sewer \k . ., , Pump Station ,....„,_ ,.,,,,,. ,_ .., ....:..%,..._ ..., -4- e-, ---:;. � ▪ New sewer pump station to serve �,� /y projected development _ BURTON ` tt' STATION '1\ • Total Project Cost=92.15 million !• r1 L4KE n` , • Construction start late 2018 F I, Mme. s • Construction Completion late 2019 I i , F:'. jloilyrilA ' . 1 . c-$ ♦/ 13 Here is an Overview of the proposed Fire/EMS Station. Construction is scheduled to begin in January 2019: PROPOSED FIRE/EMS STATION Project Schedule/Cost Design: May 2017-Jun 2018 Construction: Jan.2019-April 2020 / 1� Total CIP Funding $7,810,000 Tolliver Road Project Summary t • 14,300 Square Feet ii -.c • 3-Apparatus Bays § • One Engine Company l- • One Ladder Company • Technical Rescue Capabilities - i'•." • EMS Advanced Life Support Unit • Moss Casualty Incident Support Unit May 1, 2018 42 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) There are plans for future improvements to Tolliver Road Extension: ` `i Touter Road Eldarabn Y� ¢ 'sem F, t- H f Extension of Tolliver Road from RR to --- „`- Ai Rail Avenue and Improvements F along Ak Rail Avenue to Thurston Avenue !! ` 1 P 4,;1. d • Project provides curb and pr • 77 .V11 .•' gutter,sidewalks,sever,water. t.•,.ri --,4""' �4. . w *•!+'1 storm water.LED street lights and relocates an existing pump '', r , R_ station • Design start fall 2018 :* ^ �-. • Not funded for construction kete > 4 it S. { . 15 There are also plans for Burton Station Extension from Tim Road to Miller Store Road; however, this project is not funded: ;orlon Station Extension *` a • Extends Burton Station Road improvements from. c � .`: it Tim Road to Miller Store . Road ti;.: • Not funded aC '''-'1.4 F, ;"."4`114E. E it y 34 L '' !^ FSU . t. ~ j _ R J f ill.',-a`. . 1, ;' - sa Rso I i �s i t. May 1, 2018 43 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) Here is a rendering of the VDOT Northampton Boulevard/I-64 Interchange Improvement Project: VDOT NORTHAMPTON BLVD./I-64 INTERCHANGE IMPROVEMENT PROJECT M.W�M�.M YX.Mr.Y.1Mgim \ 4i1 y ."1.',,, ' y ^F 7m^a. l 17 WHERE o-T ` NV 1y . H ARE WE '_ •� ,..i,116 . '.-- NOW? .`NOW? e---- -- . sol-r%.,T..s - . . I r , 'teat/ , May 1, 2018 44 CITY MANAGER'S BRIEFINGS BURTONSTATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) Here is a rendering of the Draft Land Use Plan: tt == A_ DRAFT LAND ef, USE PLAN n / fY1 t l .., �\ '\/ 7 -. . --,a1j jr.•\ . x` 17 7 1, BURTON STATION VILLAGE E.i�tin�,Plan i.I�r SngI FamiI °r�'P� .i Plan it i��r Mind ll. /u '` ei. 4tr:.-r.j,":yx,v..,A-..:-. V"' ._-:4re:1,-,',,,,'40 4,., _irk't_. ::, , .,---- ..... 4',ct.., ( fi � y 1. �� , a ; /: May 1, 2018 45 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) MIXED USE BUILDINGS Building Heights :_l'� �.. A� to be 3-5 stories to-,;;" 1 ;•, . Ill j (13 (Peninsula 'f._ ..Town Center) • a5 MULTI-USE DEVELOPMENTS kirtitr: Multi-Use Development (Horizontal) in York County - A` Hi al fah G .D 11 ' twat:ass May 1, 2018 46 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) The key design feature of Mixed/Multi-use Open Space is to ensure the entire development is walkable: MIXED/MULTI USE OPEN SPACE �• rte � • Mixed and Multi-Use /��/// developments feature `' /i /-. 4 common open space �� . '`/ //•` � networks and central J \\_ � gathering places.A key °;rt,• design feature is to ensure '!;}'. 3. '',, that the entire ;,'' ! \`+� development is walkable �� \', / ,\i >: .. 7: ,,.,0,,/ _c 23 4'•' " OPEN SPACE ti Iv A greenway/park system should be -�' �_ developed to replace the former ,4 ` existing and planned golf course. , This system will serve to provide buffers,connections between land / i opt • uses,and aesthetic enhancement f 1i ` -:4 of the built environment. ais S, Y' -• ," / OPEN SPACE DEVELOPMENT + ", STRATEGIES; 'N /•`-`� ;w- . • Incorporate centralized open space with mixed-use development ,i • Design stormwater management facilities with parks and recreation %.,r,, , \'_, __400.,4 _.., component - .z. • Create continuous greenway for recreation and pedestrian and bikeway connectivity l' throughout site and to other destinations 24 May 1, 2018 47 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) Here are examples of Mixed-Use Development with Open Space: MIXED-USE DEVELOPMENT OPEN SPACE TOWN GREEN: / • Central park& gathering space in a mixed-use center or villagefiii.miE x ^`" ��n t - • i�'�k —apt 41- , -010 MIXED-USE DEVELOPMENT OPEN SPACE URBAN PLAZAtVi .t, --- • Smaller-scale urban ' V _ open space within a ••'•.. mixed-use setting• + �" MIN 4i6 1164 n.l� 1 (C. r '. • May 1, 2018 48 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) OPEN SPACE INTEGRATED WITH STORMWATER ECO-GARDEN AND LAKE TRAILS; • Primary purpose-stormwater management - • Secondary purpose-recreational use ri• - 1- 27 OPEN SPACE GREENWAY SYSTEM TRAIL NETWORK: • Accommodates multiple forms of recreation,creates connections, ' and establishes a greenway - framework throughout the area - I :Ck A1014 May 1, 2018 49 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) NORFOLK'S LAKE WRIGHT CONCEPTUAL OPEN SPACE PLAN Conceptual Open Space Plan tt \ i 4 \ 4 Connect new greenway to Lake Wright Trail • New soft trail around lake • Existing crosswalk 20 LAKE LAWSON/ LAKE SMITH NATURAL AREA Nearest City park with broad range of amenities t."14- • Playground • Trails } • Scenic Overlooks • Fishing Po • - • Boating&kayak access ;1111,11IN May 1, 2018 50 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) Here is the Future Timeline for SGA Plan Update: FUTURE TIMELINE FOR SGA PLAN UPDATE • Brief City Council on Draft Plan - changes on May 1,2018 • Next Steering Committee meeting to be scheduled in May,2018 • Complete Draft Plan Update "!`n ,.. . A' e� 1 Document and brief Planning '--•- -• - --ti Commission on May 9,2018 -":;,'_- • Planning Commission Public Hearing on June 13,2018 ',�'rer �; _ • Tentative City Council Public Hearing July 10,2018 31 BURTON CROSSING REZONING(SCHEDULED FOR PLANNING COMMISSION IN MAY) 2016 SGA Plan Pending rezoning application „*1,01r* � Is; a q2 .., •••••••• '�1 ' .71 a. _ _ ,. mai{ May 1, 2018 51 CITY MANAGER'S BRIEFINGS BURTON STATION,STRATEGIC GROWTH AREA (SGA) UPDATE ITEM#68031 (Continued) DISCUSSION Vice Mayor Jones expressed his appreciation to Mr. Shea and everyone working on this important project. May 1, 2018 52 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 4:55 P.M. Vice Mayor Jones welcomed Barry Frankenfield, Director—Planning and Community Development. Mr. Frankenfield expressed his appreciation to City Council for their continued support: NB Virginia Beach • Zoning History of r _ Ashville Parke' ,-. City Council Presentation Mayi.,2,318 ,'• Barry Frankenfield,Director?lann;+g and Community OevNopme ss Here is the Zoning History of Ashville Park: Zoning History of Ashville Park • 1995-2003:Local consultant Dick Browner works with property owners to consolidate their parcels for development as a golf course community;however,demand for golf courses drops • 2003:Ashville Park,LLC(Lewis McMurran,Ill)proposes development • 2003 May:Ashville Park,LLC submits application to City for a Conditional Change of Zoning(AG-1/AG-2 to PD-H2 Planned Development[R-30 Residential]) • 2004 February 24:City Council grants zoning change for 490 dwellings(160 are age-restricted) May 1, 2018 53 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 (Update) Here is an Overview of the 2004 Plan approved by City Council: 2004 Plan :'l''"// Approvedt .� 6 by .,- " 1;t! City Council =' z <<' , for Lewis _..� : t ie�d� .}<, ^. • McMurran ,? • ro 490 � ; — dwellings j.� , ' A , (160 age- • , restricted) • I I Zoning History of Ashville Park • Late 2004:McMurran sells property to Sandler at Ashville Park,LLC • 2005 January 3:Sandler submits application for a modification to the Conditional Zoning Agreement(proffers)of the 2004 zoning change • 2005 May 10:City Council grants zoning change for 499 dwellings (169 are age-restricted) May 1, 2018 54 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 (Update) Here is an Overview of the 2005 Plan approved by City Council: r/i vi/). it Ru: 2005 Plan P " Approved By City r �. Council for vt _ — w a Sandlers 04°A 499 single . i _ family - dwellings04 4 . (169 age- " restricted)' 1, • esi Here is the current approved plan: 2005/2011 PLAN This b the awtwdiy pursued Pia,which bee been newbd for modlflutbn by en epp4utlan submitted N 2013. The pian submitted with that applketien is an the nest pp. 499 tblk-bmNy dwellnes She Sim.452.3 we uttutt Density•LS unit/am46, • n. YILLAGEE �{z�xh a..en.ml May 1, 2018 55 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 (Update) Zoning History of Ashville Park • 2010:ATC Realty Sixteen,Inc.(subsidiary of Wells Fargo)forecloses on property due to failure of Sandler at Ashville Park to meet loan obligations • 2011:ATC Realty Sixteen submits an application to modify the 2005 zoning change--removal of the age-restriction for Ranier Village (VILLAGE B)as well as the Active Adult Center planned for that village.City Council approves the requested modification on February 14,2012 • 2012 February 16:ATC Realty Sixteen conveys property to HOFD Ashville Park,LLC(subsidiary of HomeFed Corp.),which was the winning bidder at foreclosure Zoning History of Ashville Park • 2013 November:HOFD Ashville submits an application to modify the 2005 rezoning and plan,which includes a rezoning of an 87-acre parcel to the south located on New Bridge Road(Elbow Farms Associates-owner of farm) • HOFD Ashville proposed preserving the 87 acres,zoning it to P-1, and`transferring'the 87 units(one unit per acre in Transition Area)to the HOFD Ashville Park property • 2014 January 8:Planning Commission recommends approval of application,10-0 • 2014 February 25:Applicant requests(and Council grants)an indefinite deferral of the application May 1, 2018 56 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 (Update) This is the modification to the existing plan submitted to City Council in 2013. City Council indefinitely deferred this application on February 25, 2014: 2014 Tt 6M•Mr r1otW akM W ILLOaer tlr ...mg to madly 2102“9/201104 tle robe M aia Warr r Sams orrk Modals IniAlltleaslacralothedrodymom n.. teea wcondoms. am•rom tl. .wnrMN e •Arad..a d oar`paa••0es•••••••3, rtli.r.. stls.Mp.-erer SIN Sk••Sasow Nasky•1.1 unk/ee =� ec Yk1A02C lir0MB ur e 4. """`"e•"'a.ta TWfi20 Y • as•Ie Nov 62 Wt10 Iwamoto-tars sat woo ^�c cevaomert wawa. 17 �iM• esnr62100Y15 WORN play-O This OY2Mbnad OYn ow rmmneded ler apparel b2 the Planning C itler an 1N201i. The applicant n*esue1 and a11'Comasmrad.w koielblr Warta!al the•3c4kabn r 2/25/ 2011.Te•OOtrWn mid be named`0e dy Clued et the tlr maw& Zoning History of Ashville Park • NOTE:There are now two applications still active for Ashville Park; application deferred in 2014 is referred to as the"2014 Rezoning." The application that follows is referred to as the"2015 Rezoning" • 2015 January:HOFD Ashville submits a new application to modify the 2005 rezoning application.The difference between this application and the 2014 Rezoning is that the 87 acres to the south is no longer part of the application • 2015 March 11:Planning Commission recommends approval of 2015 Rezoning application 10-0 • 2015 April 21:City Council defers the application to May 19 • 2015 May 19:City Council indefinitely defers the application May 1, 2018 57 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 (Update) i Mesta rhio 2015 . MINN Modification --- - - - of ProffersOWN Application "` "_ t ;:�* ,._ s �_ y • 499 Single- RMI_ _ _ , •c � Ripe Family °'.:_;; ;•. � � Dwellings - • mss VILLAGES/AI `f"�o oft UNOE.DEVFLOPMENT — • - ' -RYYpb we99,451310CUT ES y •.., DTYDeEDmel @y BEING EVACUATED.s APPIXATiON oW Cg .Y THE • 2015 PIAN EW I.../Ip WOe W Ya.tl...uaen ne_ro.eltN Hr Soot/2911 W.•. Er.-..dei ewbe.a».*en.w 4urreeN wa•.a,,.roe. The rtir Menne between NW Nee .11•440elbpe? $$ wIt!Net bnwee.wu,eE endD 499 Ongle•l.mlly awel1#{$ Site Sloe•seas ewes 1.019•1.2 uoa/.oe • 9tueeE Ruum • Hutto • wormy tot set.. etetl u.9 ThIt p II(.I and 91.,teen•eeommenaea kr e9pr..I by the.i.n^W comnkosioo on 9/11/10 i5.Te.p91Mant requened.and CM CMM,wanted..,Indelin1e Defeo.a the ppI 4.rbn on 5/19/5015.The 39pecae.n awed be returned to the Ch,E.unc..t ted ne.eer of M ay9Nua. May 1, 2018 58 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 (Update) eeew05.70/60114 es,otoru map : •:, " s p ti . • . 'It' i :-....1.''''''j"ilkli' ij(f ♦� rr��` 3'. r. +�'. f IN 1 � �f THE AIME IMPACT ON VHIAGEC rr....�rM....Mr.•.Yrrr.w.rrr•.arrer.l4errr.4rrr.�y w.rs».e......4 4.0.4 rr..rrrareeeec,.errwrrr.rr..rr 41•11011 •14 rbrYr....r r Or VS.Yrel..e.4161•••••11.•.WMol lr Mk sh.ss r 4414 r s 44.r r 4.ur.w r r r 4.11alamr r r e w r e l 41+4 Corr.~414 f Yr book.•r...r•.4*.r1.41••.•41 1110/110 er41..41r r r.YrW 414..A.•urMprtlrr.rr....i.s.rrr4.M••.Y••r•r NOR 4.4114. Zoning History of Ashville Park • The 2015 Ashville Park Rezoning(does not include the 87-acre Elbow Farms property)remains in Indefinite Deferral status • Number of units does not change-remains 499 • Ashville Park Drainage Improvements-Phase 1 project does not change lot/street layout • Following Transition Area Guidelines,jurisdictional wetlands and stormwater ponds may be included in density calculations May 1, 2018 59 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 (Update) Tom Leahy, Deputy City Manager continued the presentation with the Cost Participation Agreement for Ashville Park Drainage Improvements—Phase I: NE Virginia Beach • Cost Participation baralarPr- Agreement: �� , Ashville Park Drainage # - 11' , `; Improvements— Phase City Council Informational Briefing-May 1,2018 , Thomas M.Leahy,Deputy City Manager Here is an Overview of the Ashville Park Stormwater Project—Phase I: Ashville Park Stormwater Project-Phase I • Flooding relief to the 299 families in the existing Villages A and B.No flooding in any living spaces in a 100-year storm. o Water would still pond in yards and streets,but it would drain away faster (hours versus days). Some garages and cars on streets still at risk. • Additional benefits with respect to more frequent precipitation events (2-year,5-year,and 10-year storms). • Phase I has been designed assuming that Village C development would proceed with either 98 or 116 lots. • Phase I will not provide all the improvements necessary for Villages D and E to move forward. May 1, 2018 60 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 (Update) Here is a rendering of the Scope of Phase I: Scope of Ashville Park Drainage Improvements-Phase I r , ��.e r - BUMP l• A; '%'4r 4'.. steboe iib W P��, Cnannel Stabilize Oil �.. N charm' ` *' . else lntersectb7 3 Scope of Ashville Park Drainage Improvements_—Phase I • Developer Constructed Components o Regrade Historic Farm Ditch o Three new storage BMPs(2A,1OA,and 16) o Expansion of existing BMP 6 o Two new canals 1OA and 15 connecting BMPs 10, 10A,and 15 o Ranier Emergency Ingress/Egress • City Constructed Components o Pump station and gated weir at Flanagans Lane o Ditch and culvert improvements associated with raising Sandbridge Road at the New Bridge Road intersection o Stabilize Princess Anne Farm Ditch May 1, 2018 61 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 (Update) Here are the Details of Cost Participation Term Sheet: Itam Project Coe City'tarns Developer items Details of Cost IM1PSA T , _ • 89o0.ees; Participation Term BMP 6Expa u489.•• ',489,000 BMe A r _ r4.,Fa t' rs549;enSheet BM706 8488,008 8488,800 i;� i' .963.00F ll ,fit�,�iL�,— .: Channel a5 8398,800 8398,008 IIictoriiF DIOdt�=xi�—"8p0W .. .4„t 886;888,: Cost of Work Flanagan's Lane Pump Station 8;930,888 8;930,000 to be performed eri 44x -, F�= by Each Party 3806 Design F. s7a8,o6u sneo6o Weir Design Fee 0057,736 8857,736 .. ...__ ;:anti=::-:,,.;,,.' iOglitigMigini 'Based on Construction Cost Ranier Emerge.),B8.8091E9rOS, 8o•• 80•• "Cost no port of CPA but d 00500 responsibility Total 800,000,788 93.070,788 4.047,«• Details of Cost Participation Term Sheet • Total Project Cost-Phase I: $11,122,796 • Negotiated Cost Share: $8,008,413 for the City(72%)and $3,114,383 for the Developer(28%) • City will purchase 5.490 acre parcel for$363,500($1.52 per sq ft) o Parcel would incorporate BMP 10A.City would own in fee-simple o City would bank water quality credits worth$2,144,868 • Net Cost share for Developer would be$2,750,883($3,114,383 less $363,500) • All other property and easements necessary for construction,access, and maintenance dedicated to City at no cost. May 1, 2018 62 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 (Update) Details of Cost Participation Term Sheet • With City ownership of newly constructed storage BMP,it will be able to bank water quality credits worth$2,144,868 • Credits will offset requirements projects in the southern watershed o Princess Anne Road VITA o Sandbridge/Nimmo VIIA and VIIB o New Bridge/Sandbridge Road intersection improvements o Pungo Ferry Road improvements • If the CPA is ultimately approved,it would be staff's recommendation to use the credits for CIP projects in the southern watershed and transfer the equivalent savings from the benefitting CIP projects to the Ashville Park CIP Details of Cost Participation Term Sheet • City would be responsible for constructing the City components • Developer would be responsible for constructing the Developer components valued at$7,247,000 • City would pay the developer for the construction of the developer components less the Developer's cost share of$2,750,883 • If the approved low bid exceeds the City Cost Cap,the City has the right to re-negotiate with Developer • If the approved low bid is less than the estimated cost of the "Developer Components",the developer will retain the first$1.0M of savings.The amount above$1.0M will be shared between the City and Developer based on a 50/50 split May 1, 2018 63 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 (Update) Details of Cost Participation Term Sheet • No building permits would be issued for Village C homes until the expansion of BMP 6 and BMP 16 are substantially complete o This would not include the City's Building Administrator from allowing "model"homes to be constructed(but not occupied). • No Certificate of Occupancy for any homes in Village C would be issued until all"Developer Components"are completed and accepted by the City • Existing BMP's will not be used to manage erosion and sediment control • If new BMP's are used to manage erosion and sediment control,they must be over-excavated to address erosion collection and the Developer must provide as-built surveys to confirm actual volume prior to acceptance and release of bonds Recommendations and Next Steps • Staff recommends moving forward with CPA based upon term sheet o Best interest of City,Developer,and Ashville Park Neighborhood • Construct Gated Control Structure and Weir o Project has been bid. Completion scheduled for fall 2018 • Execute Cost Participation Agreement with Developer • Proceed with Final Design of pump station and Sandbridge/New Bridge Road intersection improvements May 1, 2018 64 CITY MANAGER'S BRIEFINGS ASHVILLE PARK UPDATE ITEM#68032 (Update) DISCUSSION q4 14Y 114 O.I i'4I 41.1 • Lot Method Details of Cost Total Loa inWilshireVillage 235 Participation Term Total Loa in RankrVillaye .64 Sheet Total Proposed Loa inVillage C 826 Total Loa 4.5 City ResponsibleforWilohire and RanierVillages 299 DevdoperResponsibkforVillageC ss6 Pro-Rata Share Percent of Total Methodology City Percentage(Wilshire+Ramer/Tota') 72% Developer Percentage(Wage C/Total) 28% Cost Responsibility Based on Pro-Rata Shane Total ProjectCost t2;au,796 City Portion(7a%) 88,008,403 Developer Portion PM) 23.2.4,303 Vice Mayor Jones expressed his appreciation to Mr. Frankenfield, Mr. Leahy and everyone working on this important project. May 1, 2018 65 CITY MANAGER'S BRIEFINGS PRIVATE-PUBLIC EDUCATION AND INFRASTRUCTURE ACT(PPEA) PROCEDURE REVISIONS ITEM#68033 5:37P.M. This presentation was rescheduled due to lack of time. May 1, 2018 66 CITY COUNCIL LIAISON REPORTS ITEM#68034 5:37P.M. There were no City Council Liaison Reports May 1, 2018 67 CITY COUNCIL COMMENTS ITEM#68035 5:37 P.M. Councilman Dyer provided a copy of the Councilmembers Abbott, Dyer and moss Proposal for the FY2018-19 Operating and Capital Budget and Related Ordinances. Councilman Dyer advised they wanted to provide this proposal in order to have adequate time for meaningful discussion. Council Lady Kane asked if this proposal is "all or nothing" and Councilman Dyer assured Council Lady Kane the proposal was not "all or nothing" and is looking forward to working with Council in coming up with an agreement. Council Lady Abbott advised they wanted to provide this proposal as soon as possible in an effort to receive feedback. May 1, 2018 I CITY OF VIRGINIA BEACH AGENDA ITEM wil ITEM: Councilmembers Abbott, Dyer, and Moss Proposal for the FY 2018-19 Operating and Capital Budget and Related Ordinances MEETING DATE: May 15, 2018 • Background: On March 27, 2018, the City Manager proposed the City of Virginia Beach FY 2018-19 Resource Management Plan, which includes the Operating Budget and Capital Improvement Program. The City held various workshops and two public hearings to provide the public the opportunity to comment on the proposed Resource Management Plan. • Considerations: Attached ordinances make up the Operating and Capital Budget proposal offered by Councilmembers Abbott, Dyer and Moss. In general terms, this proposal provides: • Real Estate Tax Rate held at $1.0025 per $100 of assessed value; • No increase to the Stormwater ERU fee; • No personal property tax increase; • No cigarette tax increase; • No local vehicle license increase; • No trash fee increase; • Open Space and ARP funding formerly designated for light rail is used to fund flood relief and drainage; • Application of a 2% lapse rate to City payroll and use of such savings to fund a robust compression adjustment for public safety; • Require the City Manager to make difficult choices regarding proposed new FTEs. A detailed list of all of the proposed changes is attached. The following ordinances are provided as part of the Abbott/Dyer/Moss Budget Proposal that differ from the ordinances provided in the City Manager's Proposed Budget: 1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2018 and Ending June 30, 2019 in the Sum of $2,004,761,615 for Operations 2. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2019 3. An Ordinance to Remove Stormwater ERU fee increases 4. An Ordinance to Re-Direct Agricultural Reserve Program and Open Space Program Dedication of Funds 5. An Ordinance to Adopt the FY 2019/ FY 2024 Capital Improvement Program The following ordinances that were included in the City Manager's Proposed Budget are included in the Abbott/Dyer/Moss Budget Proposal: 1. An Ordinance to Establish the Tax Levy for Real Estate for Fiscal Year 2019 2. Sandbridge Tax Increment Financing District Surplus 3. Resolution Regarding City Health Insurance 4. Annual Funding Plan to the U.S. Department of Housing and Urban Development 5. An Ordinance to Amend Sections 35-64 and 35-67 of the City Code regarding Elderly and Disabled Tax Relief 6. An Ordinance to Amend Section 35-159 of the City Code Pertaining to Tax on Transients Obtaining Lodging to Extend the Sunset of the Flat Room Rate and Remove the Sunset of 0.5% 7. An Ordinance to Amend the City Code Pertaining to Flexible Holidays 8. An ordinance to Amend the City Code Pertaining to City Holidays to Make Christmas Eve a Holiday 9. Ordinance Authorizing the Issuance of General Obligation Bonds 10.Ordinance Authorizing the Issuance of Storm Water Utility System Revenue Bonds ■ Public Information: The City provided appropriate public notices for the City Manager's Proposed Budget. Information regarding the City Manager's Proposed Budget has been made available at the public libraries, City Hall, at various town hall meetings, and on the City's webpage. This item will be advertised as part of the normal Council agenda process. ■ Attachments: Detail List of Changes from City Manager's Budget; FY 2018-19 Abbott, Dyer and Moss Proposal Budget Ordinances (five ordinances); the Ordinances included in the Abbott, Dyer and Moss Proposal that are identical to the ordinances in the City Manager's Proposed Budget (10 ordinances) are incorporated by reference. REQUESTED BY COUNCILMEMBERS ABBOTT, DYER, AND MOSS DETAIL LIST OF CHANGES FROM CITY MANAGER'S BUDGET Operating Budget: Reduced Taxes and Fees: Removed ERU increase of 2.5 cents:$2,290,375 Removed 10 cents additional personal property rate: $1,869,023 Removed$2 local vehicle license tax: $720,355 Removed additional 10 cents/pack cigarette tax: $1,547,976 Removed trash increase of$1/month: $1,284,000 Removed additional Planning fees: $164,115 Reduced Expenditures: Two percent lapse applied:$8,754,203 Labor productivity savings:$2,100,000 (detail in appropriation ordinance) Delayed hiring of new FTEs: $875,364 Delayed hiring of FY18 FTEs: $240,084 Planning to find efficiencies: $164,115 Moved to General Fund: $5,314,363 Open Space (.22% meals, formerly Multimodal):$2,814,905 ARP (.0034% real estate,formerly Multimodal): $1,899,413 From TAP (moved FTEs back to TAP from Gen Fund): $600,000 Other: Depreciation advanced in the Waste Management Fund; $1,284,000 from Gen. Fund to offset Additional Expenditures: Compression for public safety: $6,000,000 Paygo CIP (Drainage and Flood Relief): $3,572,240 Capital Budget: Reductions/Amendments: CIP 9-020 Vibe District Infrastructure: remove $4,749,450 ($506,238 PFRB, $1,084,100 General Fund Paygo, $3,159,112 General Fund Balance) CIP 3-153 Various Sites: remove$1,343,644 from (all Paygo) CIP 3-072 City Hall reduced to design only($1,804,759) ($47,402,602 reduced PFRBs) CIP 9-081 SGA Projects: remove$250,000(Paygo) CIP 9-041 Virginia Beach Sports Center: $21,500,000 from TIP Fund Fund Balance; balance from PFRBs CIP 9-053 Dome Entertainment: removed $5,000,000(all PFRBs) CIP 7-041 Central Resort District Drainage: City Manager to allocate TIP Fund portion to pay partial responsibility(detail in CIP ordinance) CIP 9-046 Public Pier: funding in FY20 pushed to FY24 CIP 9-008 Historic Kempsville: finding in FY20 increased$50,000(sale of property) Additional Expenditures: New Flood Relief and Drainage Project with $7,604,346 of Paygo. City Manager required to develop a scoring methodology and present to Council. (additional detail in CIP ordinance) REQUESTED BY COUNCILMEMBERS ABBOTT, DYER AND MOSS 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1,2018 AND ENDING JUNE 30,2019 IN THE SUM 3 OF$2,004,761,615 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 5 beginning July 1, 20178 and ending June 30, 20189,and it is necessary to appropriate sufficient funds to cover said 6 budget; 7 8 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 9 10 Sec. 1. That the amounts named aggregating $2,806,633,025 consisting of$587,971,260 in inter-fund transfers, 11 $213,900,150 for internal service funds,and$2,004,761,615 for operations,are hereby appropriated subject to the 12 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for 13 the purposes hereinafter mentioned, as set forth in the Annual Operating Budget,which is hereby incorporated by 14 reference, for the fiscal year beginning July 1, 20178 and ending June 30, 20189 (hereinafter, the "Fiscal Year"), a 15 summary of which is attached to this ordinance as"Attachment A—Appropriations."The City Council elects to fund 16 the Virginia Beach City Public Schools by lump sum appropriation. 17 18 Sec.2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations 19 is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations 20 attached to this ordinance as"Attachment B—Revenues." 21 22 Sec.3. With the exception of the funds under the control of the School Board, specifically the funds numbered 23 104, 107, 108, 109, 112, 114, 115, 116, 117, 119,614,and 615(hereinafter referred to as"School Board Funds"),the 24 total number of full-time permanent positions shall be the maximum number of positions authorized for the various 25 departments of the City during the Fiscal Year, except for changes or additions authorized by the Council or as 26 hereinafter provided. The City Manager may from time to time increase or decrease the number of part-time or 27 temporary positions provided the aggregate amount expended for such services shall not exceed the respective 28 appropriations made therefore. The City Manager is further authorized to make such rearrangements of positions 29 within and between the departments as may best meet the needs and interests of the City, including changes 30 necessary to implement the employee transition program. 31 32 Sec.4. To improve the effectiveness and efficiencies of the government in service delivery,the City Council hereby 33 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the 34 Fiscal Year as may be necessary to implement organizational adjustments that have been authorized by the City 35 Council. Unless otherwise directed by the City Council, such organizational adjustments shall be implemented on 36 such date or dates as the City Manager determines, in his discretion, to be necessary to guarantee a smooth and 37 orderly transition of existing organizational functions. The City Manager shall make a report each year to the City 38 Council identifying the status and progress of any such organizational adjustments. 39 40 Sec.5. All current and delinquent collections of local taxes shall be credited to the General Fund,Special Service 41 District Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax 42 levy. 43 44 Sec.6. All balances of the appropriations payable out of each fund of the City Treasury at the close of the Fiscal 45 Year,unless otherwise provided for,are hereby declared to be lapsed into the fund balance of the respective funds, 46 except all appropriations to School Board Funds derived from local public sources which shall lapse and revert to the 47 General Fund Balance, and may be used for the payment of the appropriations that may be made in the Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances 48 appropriation ordinance for the fiscal year beginning July 1, 20189. Prior to the expenditure of any sums that have 49 lapsed to the fund balance of any fund,an appropriation by the City Council shall be required. 50 51 Sec.7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis 52 for developing financial strategies for the water and sanitary sewer system based on the following guidelines:(a)for 53 the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating 54 expense shall be pursued;(b)for the Water and Sewer Fund,the goal shall be for debt service coverage on its water 55 and sewer revenue bonds at not less than 1.50 times and,on a combined basis, including water and sewer general 56 obligation bonds,at no less than 1.20 times and(c)for the Water and Sewer Fund,contributions from non-borrowed 57 funds, on a five-year rolling average basis, will be sought for approximately 25%of the annual capital program for 58 the water and sewer system. 59 60 Sec.8. All balances of appropriations in each fund which support authorized obligations or are encumbered at the 61 close of the business for the Fiscal Year,are hereby declared to be re-appropriated into the fiscal year beginning July 62 1,20189 and estimated revenues adjusted accordingly. 63 64 Sec.9. All balances of appropriations attributable to grants or other similar funding mechanism from state or 65 federal sources and trust or gift funds,whose period of expenditure extends beyond the fiscal year ending on June 66 30, 2018 are hereby declared to be re-appropriated into the Fiscal Year, and estimated revenues adjusted 67 accordingly.The close-out of any grant or similar funding mechanism shall account for all expenditures in such grant, 68 and provided there is any remaining balance in the grant, the portion of the balance attributable to local sources 69 shall revert to the General Fund,special revenue fund,or enterprise fund that provided the local contribution. 70 71 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall 72 exceed the amount of such appropriations except with the consent and approval of the City Council first being 73 obtained. It is expressly provided that the restrictions with respect to the expenditure of the funds appropriated 74 shall apply only to the totals for each Appropriation Unit included in this ordinance and does not apply to Inter-fund 75 Transfers. 76 77 Sec. 11. . . _ .-- - •• . e 78 79 _ _ _ -- " . ' ... - - - - - - .-- :: • •-• - - . •- 80 82 - . - , - • -- - - -- , . . .. •- •- -- _ 83 -- 84 85 Sec.11 4 .The City Manager or the Director of Budget and Management Services is hereby authorized to approve 86 transfers of appropriations in an amount up to$100,000 between any Appropriation Units included in this ordinance 87 through the accrual period.The City Manager shall make a monthly report to the City Council of all transfers between 88 $25,000 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all 89 Reserves for Contingencies except Reserve for Contingencies—Regular,within the intent of the Reserve as approved 90 by City Council. 91 92 Sec.4412.The City Manager or the Director of Budget and Management Services is hereby authorized to establish 93 and administer budgeting within Appropriation Units consistent with best management practices, reporting 94 requirements, and the programs and services adopted by the City Council. Consistent with best management 95 practices, the City utilizes a modified accrual system of accounting. Revenues are considered available when 96 collectible either during the current period or after the end of the current period, but in time to pay year-end 97 liabilities. Expenditures are recognized when a transaction or event is expected to draw upon current spendable 98 resources rather than future resources. In practical effect,the modified accrual system allows a window of 45 days 99 wherein the City may accrue back to the immediately preceding fiscal year revenues and expenditures. The City Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances 100 Manager or the Director of Budget and Management Services is further authorized to establish administrative 101 directives to provide additional management oversight and control to ensure the integrity of the City's budget. 102 103 Sec. 13 i. . The City Manager or the Director of Budget and Management Services is hereby authorized to change 104 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in 105 support of an Operating Appropriation Unit declines,the City Manager or the Director of Budget and Management 106 Services is hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the 107 decline in Estimated Revenue.The City Manager shall give prior notice to the City Council of any reduction to total 108 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 109 appropriation reduction and the Appropriation Units affected.The accounting records of the City will be maintained 110 in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for each of the City's 111 funds. The City Manager or the Director of Budget and Management Services is hereby authorized to transfer any 112 excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which those funds were 113 appropriated have been incurred.Nothing in this section shall be construed as authorizing any reduction to be made 114 in the amount appropriated in this ordinance for the payment of interest or principal on the bonded debt of the City 115 Government. 116 117 Sec. 46 14. The Department of Economic Development is hereby authorized to pay an amount up to $1,000,000 118 from their FY 20178-189 Operating Budget to the Virginia Beach Economic Development Authority,for the purpose 119 of pursuing,implementing,and furthering initiatives recommended by the Bio-medical Task Force.Furthermore,the 120 Department is hereby authorized to pay an amount up to an additional$1,500,000 from their FY 2018-19 Operating 121 Budget to the Virginia Beach Economic Development Authority for the purpose of pursuing, implementing, and 122 furthering initiatives related to attracting Bio-medical and Cybersecurity firms or businesses to the City. 123 124 Sec.44 15.Allowances made from the appropriations made in this ordinance by any or all of the City departments, 125 bureaus,or agencies,to any of their officers and employees for expenses on account of the use by such officers and 126 employees of their personal automobiles in the discharge of their official duties shall follow the Internal Revenue 127 Service standard mileage rates used to calculate the deductible costs of operating an automobile for business, 128 charitable, medical or moving purposes. 129 130 Sec. 48 16. In the event of an emergency and under emergency circumstances wherein the City Council cannot 131 reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any 132 budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately 133 following the expenditure of funds under this provision,and as soon as the City Council can reasonably meet under 134 the existing circumstances, the City Manager shall notify the City Council of the reason for such action, how funds 135 were expended,and present to the City Council for adoption an emergency appropriations ordinance that sets forth 136 what measures are required to ensure that funds are forthwith restored to the appropriate accounts and that the 137 budget is balanced at the end of the fiscal year in which the emergency expenditures occurred. 138 139 An emergency is defined for the purposes of this provision as an event that could not have been 140 reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public 141 health, safety or welfare is involved, such as clean-up after a hurricane, and/or(ii) immediate action is required to 142 protect or preserve public properties. 143 144 Sec. 46 17. All travel expense accounts shall be submitted on forms approved by the Director of Finance and 145 according to regulations approved by the City Council.Each account shall show the dates expenses were incurred or 146 paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of 147 Finance is specifically directed to withhold the issuance of checks in the event expense accounts are submitted for 148 "lump-sum"amounts. 149 150 Sec.2018. • . . •- . _ e°. _ _ e 151 _ -- _ -- - -- -- - - .. ° ' e • - ---e e.-- , - e - -- _ •- =.A salary increase of 2.0%on the pay period dating Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances 152 back to June 221 20178 for the five Constitutional Officers, part-time City employees, and part-time employees of 153 the Constitutional Officers is hereby provided. 154 155 Sec.2419.A 12%merit pay increase is hereby authorized for full-time City employees with a performance feedback 156 completed from July 1, 20167 to June 30, 20178 and for newly hired probationary employees on their anniversary 157 date with a performance feedback completed from July 1,2018 to June 30,2019 that indicates overall performance 158 meets expectations.The merit pay increase shall be calculated against the mid-point of each pay range and paid as 159 a flat dollar amount to full-time employees on that pay range. Notwithstanding policy or administrative directive 160 addressing bonus providing otherwise, for an employee who is at the maximum of the pay range for her position 161 classification with a meet expectations performance feedback completed from July 1,2017 to June 30,2018,a lump 162 sum bonus equal to 1%of the midpoint for their position classification shall be paid on the first pay period after July 163 1, 2018 and a second bonus equal to 1%of the midpoint of her position classification shall be paid on the first pay 164 period after January 1,2019 in lieu of the merit increase. For an employee,who as a result of all,or a portion,of the 165 2% merit increase authorized above, will exceed the maximum of the pay range for her classification, she shall 166 receive the portion of the merit pay equal to the difference between the maximum of the pay range and her current 167 salary.Any amount in excess of the difference between the 2%merit and the maximum of the position classification 168 shall be paid in the form of a lump sum bonus, half of which will be payable on the first pay date after July 1, 2018 169 and the other half payable on the first pay date after January 1, 2019. Notwithstanding the timing provisions 170 provided by City Code§§2-109 and 2-116,the merit pay increase authorized by this section shall be provided on the 171 pay period dating back to June 21,2018 July 1, 2017 or a subsequent date for newly hired probationary employees. 172 The other requirements provided by City Code §§ 2-109 and 2-116 . - . 173 ' ' -- - --- ::. '_•. -•- -- - apply. To ensure accountability, the failure of a supervisor 174 responsible for preparing the performance feedback, to complete the same prior to July 1, 20178 shall result in the 175 supervisor and employee(s) merit pay increase being delayed until such time as the performance feedback is 176 completed. In those cases,the merit pay increase will be retroactive upon completion of the performance feedback 177 for both the supervisor responsible for completing the performance feedback and the employee(s).This section shall 178 also apply to the employees of the Constitutional Officers. Any additional stipends, special pay, or executive 179 entitlement pay to employees appointed by the City Council and subject to City Code§2-89 or Constitutional Officers 180 must be approved by a separate action of the City Council. 181 182 Sec.2_2 20. The application of a 2% lapse rate to all Personnel Expenditures is hereby approved, which results in 183 savings of$8,754,203. 184 185 Sec.21. The funding for Agricultural Reserve Program (ARP)and Open Space Program shall be consistent with the 186 dedicated revenues that were established with the Multi-Modal Fund. Therefore, the dedication for ARP shall be 187 fifty-six hundredths of a cent($0.0056)of the real estate tax rate,and the dedication for Open Space shall be twenty- 188 two hundredths of a cent(0.22%)of the meals tax. This rededication frees up$1,899,413 from ARP and$2,814,905 189 from Open Space for other purposes provided herein. 190 191 Sec. 22. The 10 FTEs that were moved from the Tourism Advisory Program (TAP) Fund to the General Fund in FY18 192 are hereby moved back to the TAP Fund. This savings to the General Fund is $600,000. The TAP fund is to find 193 efficiencies or reduce contractual expenses to offset this cost associated with the FTEs. 194 195 Sec.23. The City Manager is hereby directed to make reductions in the proposed 70 FTEs in the Manager's Proposed 196 Budget, and he shall report the outcome of the following labor productivity steps for a total savings of$2,100,000 197 throught the removal of 35 FTEs and $875,364 for partial year(75%)funding of the resulting 25 positions. The City 198 Manager provide in his report the following and the specific savings of each of the following steps: 199 Step 1: Remove the 70 additional FTEs from departmental allocations; 200 Step 2: Reduce the 70 FTEs by 35 positions; 201 Step 3: Delay hiring dates of the resulting 25 position for 3 months. 202 203 Sec.24.The City Manager is hereby directed to delay the start date of the FTEs authorized as part of the FY18 Budget 204 that remain unfilled. This delay results in a savings of$240,084. Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances 205 206 Sec.25. The$164,115 in reduced fee revenue to the Planning Department is to be offset by efficiencies within that 207 department. 208 209 Sec. 26. The City Manager is to forward depreciation of assets within the Waste Management Enterprise Fund to 210 fully account for the assets within that account, with $1,284,000 transferred from the General Fund for such 211 depreciation,and such funds to offset the reduction in revenue from removal of the$1/month increase in trash fee. 212 213 Sec. 27. The aggregate savings or re-dedications from Sections 20 through Section 24 total $17,283,969. Such 214 amounts are to be used as follows: 215 a. To offset the removal of the City Manager's proposed 10 cent increase in personal property levy, 216 $1,869,023; 217 b. To offset the removal of the City Manager's 2.5 cent increase in the Stormwater Utility ERU, 218 $2,290,375; 219 c. To offset the removal of the City Manager's$2 increase in the local vehicle license tax,$720,355; 220 d. To offset the removal of the City Manager's increase of 10 cents in the local cigarette tax, 221 $1,547,976; 222 e. $6,000,000 is to be allocated to Public Safety Pay Compression with the City Manager to be directed 223 to forward a proposal for Public Safety Pay Compression to the City Council for approval within 45 224 days of the adoption of this ordinance; 225 f. $3,572,240 is to be used for Pay-Go Funding for Flooding Capital Projects. 226 227 Sec.22-28 Violation of this ordinance may result in disciplinary action by the City Manager against the person or 228 persons responsible for the management of the Appropriation Unit in which the violation occurred. 229 230 Sec.23 29. This ordinance shall be effective on July 1, 20178. The portion of Sections 20 18 and 24 19 addressing 231 the payroll period that crosses fiscal years shall be effective June 221 20178. - - 232 - - - . _ -- .. - _ .--- • - - 233 234 Sec.24 30. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 235 shall not affect the validity of the remaining parts of this ordinance. 236 237 Requires an affirmative vote by a majority of all of the members of City Council. 238 239 Adopted by the Council of the City of Virginia Beach,Virginia,on the day of May,2018. APPROVED AS TO LEGAL SUFFICIENCY: Dana Harmeyer City Attorney's Office Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances REQUESTED BY COUNCILMEMBERS ABBOTT, DYER AND MOSS 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR 3 YEAR 2019 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 5 6 Sec.1. Amount of Levy on the General Classification of Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for 8 general purposes for the calendar year 20189 on all tangible personal property,including all separate classifications 9 of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in 10 this ordinance,at the rate of four dollars($4.00)on each one hundred dollars($100)assessed valuation thereof. 11 12 Sec.2. Personal Property Tax Relief. 13 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not 14 otherwise exempted from taxation in this ordinance or by law,shall be subject to the following: 15 1. Any qualifying-vehicle with a total assessed value of$1,000 or less will be levied no tax,reflecting a 16 reimbursement of 100%Personal Property Tax Relief Act. 17 2. Any qualifying vehicle with an assessed value of between$1,001 and$20,000 will be levied 48.9% 18 49.7%of the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the 19 state under the Personal Property Tax Relief Act equal to the remaining 51.1%50.3%of the computed tax on the 20 first$20,000 of assessed value. 21 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 18.9%49.7% of the 22 computed tax based on the first $20,000 of assessed value and 100% of the computed tax based on the assessed 23 value in excess of$20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act 24 equal to the remaining 51.1%50.3%of the computed tax on the first$20,000 of assessed value. 25 26 Sec.3. Amount of Levy on Certain Classifications of Tangible Personal Property 27 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for 28 general purposes for the calendar year 20189 on the certain classifications of tangible personal property set forth 29 below at the rate of four dollars($4.00)on each one hundred dollars($100)assessed valuation thereof. 30 a. heavy construction equipment as described in Code of Virginia §58.1-3506(A)(8); 31 b. computer equipment as described in Code of Virginia §58.1-3506(A)(11); 32 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution 33 control equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or 34 devices and certified recycling equipment,facilities or devices"; 35 d. furniture,office,and maintenance equipment as described in Code of Virginia §58.1-3506(A)(24); 36 e. all tangible personal property employed in a trade or business other than described in subdivisions A 1 37 through A 18, except for subdivision A 17, of§58.1-3503 as described in Code of Virginia §58.1-3506(A)(26); 38 f. programmable computer equipment and peripherals employed in a trade or business ad described in 39 Code of Virginia §58.1-3506(A)(27); 40 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 41 58-1-3506(A)(31); 42 h. forest harvesting and silvicultural activity as described in Code of Virginia§58-1-3506(A)(33); 43 i. equipment used primarily for research, development, production or provision of biotechnology as 44 described in Code of Virginia §58-1-3506(A)(34); 45 j. tangible personal property which is owned and operated by a service provider who is not a CMRS 46 provider and is not licensed by the FCC used to provide, for a fee,wireless broadband internet service as described 47 in Code of Virginia§58-1-3506(A)(37). 48 49 Sec.4. Amount of Levy on Manufactured Homes. Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances 50 There shall be levied and collected for general purposes for the calendar year 20189 taxes on all vehicles 51 without motive power, used or designated to be used as manufactured homes,as defined by Section 36-85.3 of the 52 Code of Virginia, at the rate of one dollar and twenty-five hundredths of a cent ($1.0025) on each one hundred 53 dollars($100)of assessed valuation thereof. Such property declared a separate class of tangible personal property 54 in Section 58.1-3506(A)(10). 55 56 Sec.5. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 57 There shall be levied and collected for general purposes for the calendar year 20189 taxes on all boats or 58 watercraft used for business purposes(both boats weighing less than five(5)tons and boats weighing five(5)tons 59 or more), except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on 60 each one hundred dollars($100)of assessed valuation thereof.Such property declared a separate class of tangible 61 personal property in Sections 58.1-3506(A)(35)and(A)(36). 62 63 Sec.6.Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 64 There shall be levied and collected for general purposes for the calendar year 20189 taxes on all boats or 65 watercraft not used solely for business purposes weighing less than five(5)tons,and weighing five(5)tons or more, 66 except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one 67 hundred dollars($100) of assessed valuation thereof. Such property declared a separate class of tangible personal 68 property in Sections 58.1-3506(A)(1)(a)and(A)(1)(b). 69 70 Sec.7. Amount of Levy on Machinery and Tools. 71 In accordance with Section 58.1-3507 of the Code of Virginia,there shall be levied and collected for general 72 purposes for the calendar year 20189 taxes on machinery and tools, including machinery and tools used directly in 73 the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one 74 millionth of one cent($.000001) on each one hundred dollars ($100)of assessed valuation thereof.As provided by 75 Code of Virginia § 58.1-3506 (B), the following personal property shall also be taxed at the rate of machinery and 76 tools: 77 a. all tangible personal property used in research and development businesses,as described in Code of 78 Virginia§58.1-3506(A)(7); 79 b. generating or cogenerating equipment,as described in Code of Virginia§58.1-3506(A) (9);and 80 c. all motor vehicles,trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used 81 to transport property for hire by a motor carrier engaged in interstate commerce,as described in Code of Virginia § 82 58.1-3506(A)(25). 83 84 Sec.8.Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 85 There shall be levied and collected for general purposes for the calendar year 20189 taxes on all privately 86 owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent 87 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate 88 class of tangible personal property in Sections 58.1-3506(A)(12),(A)(28),and(A)(29). 89 90 Sec.9.Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers,and Motor Homes 91 Used for Recreational Purposes Only,and Privately Owned Horse Trailers. 92 There shall be levied and collected for general purposes for the calendar year 20189 taxes at the rate of 93 one dollar and fifty cents($1.50)on each one hundred dollars($100)of assessed valuation thereof on the following 94 property: (a) all privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of 95 Virginia and privately owned travel trailers as defined in Code of Virginia §46.2-1900,that are used for recreational 96 purposes only;and(b)privately owned trailers as defined in§46.2-100 of the Code of Virginia that are designed and 97 used for the transportation of horses, except those trailers described in subdivision (A) (11) of§ 58.1-3505 of the 98 Code of Virginia.Such property declared a separate class of tangible personal property in Sections 58.1-3506(A)(18) 99 and (A)(30). 100 101 Sec. 10.Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 102 There shall be a reduced tax, levied and collected for general purposes for the calendar year 20189 at the 103 rate of one dollar and fifty cents($1.50)on each one hundred dollars($100)of assessed valuation,on one(1)motor Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances 104 vehicle owned and regularly used by a veteran who has either lost,or lost the use of,one or both legs,or an arm or 105 a hand, or who is blind, or who is permanently and totally disabled as certified by the Department of Veterans' 106 Affairs.Any motor vehicles in addition to the one(1)so taxed shall not qualify for the taxation at the rate established 107 herein,and shall be taxed at the rate or rates applicable to that class of property.To qualify,the veteran shall provide 108 a written statement to the Commissioner of the Revenue from the Department of Veterans'Affairs that the veteran 109 has been so designated or classified by the Department of Veterans'Affairs as to meet the requirements of Section 110 58.1-3506 (A) (19), and that his or her disability is service connected. Such property declared a separate class of 111 tangible personal property in Section 58.1-3506(A)(19). 112 113 Sec.11.Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-Five 114 Years of Age or Anyone Found to be Permanently and Totally Disabled. 115 a. In accordance with Sections 58.1-3506.1 et seq.of the Code of Virginia,there shall be a reduced tax, 116 levied and collected for general purposes for calendar year 20189 at the rate of three dollars($3.00)on each one 117 hundred dollars($100.00)of assessed valuation,on one(1)automobile or pickup truck owned and used primarily 118 by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled,as defined 119 in Section 58.1-3506.3 of the Code of Virginia,subject to the following conditions: 120 1. The total combined income received, excluding the first $7,500 of income, from all sources 121 during calendar year 20167 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 122 ($22,000). 123 2. The owner's net financial worth, including the present value of all equitable interests, as of 124 December 31 of calendar year 20167 excluding the value of the principal residence and the land,not exceeding one 125 (1)acre, upon which it is situated,shall not exceed seventy thousand dollars($70,000). 126 3. All income and net worth limitations shall be computed by aggregating the income and assets, 127 as the case may be,of a husband and wife who reside in the same dwelling and shall be applied to any owner of the 128 motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance,irrespective of how 129 such motor vehicle may be titled. 130 b.Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or 131 if either spouse is permanently and totally disabled,and the conditions set forth in subsection(a)have been satisfied. 132 133 Sec.12.Amount of Levy on Computer Equipment and Peripherals Used in a Data Center. 134 There shall be levied and collected for general purposes for the calendar year 2019 taxes on all computer 135 equipment and peripherals used in a data center as authorized in §58.1-3506(A)(43)of the Code of Virginia at the 136 rate of forty cents($0.40)on each one hundred dollars($100)of assessed valuation thereof. 137 138 Sec.3313.Assessed Value Determination. 139 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above 140 sections shall be assessed at actual fair market value,to be determined by the Commissioner of the Revenue for the 141 City of Virginia Beach. 142 143 Sec.3314.Severability. 144 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 145 shall not affect the validity of the remaining portions of this ordinance. 146 147 Sec.4415. Effective Date. 148 This ordinance shall be effective January 1, 20178. 149 150 Requires an affirmative vote by a majority of all of the members of City Council. 151 152 Adopted by the City Council of the City of Virginia Beach,Virginia on the day of May,2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances REQUESTED BY COUNCILMEMBERS ABBOTT, DYER AND MOSS 1 AN ORDINANCE TO AMEND THE CITY CODE TO REMOVE EQUIVALENT 2 RESIDENTIAL UNIT(ERU) FEE INCREASES 3 SECTION AMENDED: §32.5-2 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 5 6 That Section 32.5-2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 7 to read as follows: 8 9 Sec.32.5-2. Definitions. 10 The following words and terms used in this section shall have the following meanings: 11 (a) Equivalent residential unit or ERU means the equivalent impervious area of a single-family 12 residential developed property per dwelling unit located within the city based on the statistical 13 average horizontal impervious area of a single-family residence in the city. An equivalent 14 residential unit (ERU) equals two thousand two hundred sixty-nine (2,269) square feet of 15 impervious surface area. 16 (b) ERU rate means the utility fee charged on an equivalent residential unit,which shall be forty-five 17 and eight-tenth cents ($0.458) per day, - - .. e _ . - -- -- - -- 18 ($0.483) per day, effective July 1, 2018, ' . - -- - -- . e• - 19 ! - -- - -- - - - ., 20 21 . . . . 22 23 BE IT FURTHER ORDAINED:That the effective date of this ordinance shall be July 1, 2018. 24 25 Adopted by the Council of the City of Virginia Beach,Virginia,on this_day of May, 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances • + REQUESTED BY COUNCILMEMBERS ABBOTT, DYER AND MOSS 1 AN ORDINANCE TO RE-DIRECT AGRICULTURAL RESERVE PROGRAM 2 AND OPEN SPACE PROGRAM DEDICATION OF FUNDS 3 WHEREAS, the City Council has periodically dedicated revenues to targeted programs, and such revenue 4 dedications are subject to appropriation of funds by the Council;and 5 6 WHEREAS,on May 12,2015 the City Council adopted an ordinance that lowered the amount of real estate 7 tax dedicated to the ARP from nine tenths of one-cent ($0.009)to fifty-six hundredths of one-cent($0.0056), with 8 the balance directed to the Multi-Modal Fund;and 9 10 WHEREAS,on May 12,2015 the City Council adopted an ordinance that lowered the amount of meals taxes 11 dedicated to Open Space from forty-four hundredths of a cent (0.44) to twenty-two hundredths (0.22) of a cent, 12 with the balance directed to the Multi-Modal Fund;and 13 14 WHEREAS,on May 9,2017 the City Council reversed the ARP and Open Space dedications to nine tenths of 15 one cent($0.009)real estate and forty-four hundredths of a cent(0.44)meals tax; 16 17 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 18 19 1. That the allocation of the real estate tax to the Agricultural Reserve Program is hereby decreased from 20 nine tenths of a cent($0.009)to fifty-six hundredths of one-cent($0.0056); 21 2. That the allocation of meals tax to the Open Space Program is hereby decreased from forty-four 22 hundredths of a cent(0.44)to twenty-two hundredths of a cent(0.22); 23 3. That the thirty-four hundredths($0.0034)of a cent real property and twenty-two hundredths of a cent 24 (0.22)meals taxes no longer dedicated to ARP and Open Space are to be subject to the direction of the 25 City Council in its Annual Appropriation Ordinance to be used to provide compression pay adjustments 26 and flood relief and drainage programs. 27 28 BE IT FURTHER ORDAINED:That the effective date of this ordinance shall be July 1,2018. 29 30 Adopted by the Council of the City of Virginia Beach,Virginia,on the day of May,2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances REQUESTED BY COUNCILMEMBERS ABBOTT, DYER AND MOSS 1 AN ORDINANCE TO ADOPT THE FY 2019/FY 2024 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $343,061,012 FOR 3 THE FY 2019 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED 4 FROM VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS,the City Manager,on March 27,2018,presented to City Council the Capital Improvement Program for fiscal 6 years 2019 through 2024; 7 8 WHEREAS,City Council held public hearings on the program to provide for public comment; 9 10 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital 11 Improvement Program;and 12 13 WHEREAS,it is necessary to appropriate funds for both existing projects and projects beginning in the 2019 fiscal year, 14 as set forth in said Capital Improvement Program. 15 16 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 17 18 Section 1. That the Capital Improvement Program,as modified,for the construction of,or addition to,capital facilities 19 identified for fiscal years 2019 through 2024 is hereby adopted,and the projects listed therein are hereby approved as capital 20 projects. 21 22 Section 2. That the projects shall be financed from funds to be a tannin appropriated periodically by City Council, and until 23 funds are so provided,the projects are for planning purposes only and may be deleted,altered,or rescheduled in any manner 24 at any time by City Council. 25 26 Section 3. That funds in the amounts aggregating$343,061,012 for capital projects in the Capital Budget for the 2019 27 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the 28 conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A— Capital Budget 29 Appropriations,"a copy of which is attached hereto. 30 31 Section 4. That in accordance with Section 2-196 of the City Code,financing sources in su ort of 32 for the 2019 fiscal year as set forth in said Capital Improvement Program is attached to this ordnance ash"Attachment e pltal Budget 33 Financing Sources." 34 35 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said 36 Capital Improvement Program and reallocated as identified in"Attachment C—Transfers,"a copy of which is attached hereto. 37 38 Section 6. That reductions in financing sources in support of the Capital Budget for the 2019 fiscal year as set forth in 39 said Capital Improvement Program are attached to this ordinance as"Attachment D—Changes in Financing Sources." 40 41 Section 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be 42 initiated except with the consent and approval of the City Council first being obtained.An appropriation for a project in the 43 Capital Improvement Program shall continue in force,and,to the extent required by law,re-appropriated for use in FY 2018- 44 19 until the purpose for which it was made has been accomplished or abandoned. 45 46 Section 8. That all contracts awarded for approved and a projects, exclusive of school pro 47 must be certified as to the availability of funds by the Director of Financelprior totheatd linitiation of work on the contra t,ects, 48 Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances 49 Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the 50 Director of Budget and Management Services is authorized to approve transfers of appropriations in an amount up to 51 $100,000 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to 52 the City Council of all transfers between$25,000 and$100,000. The City Manager or the Director of Budget and Management 53 Services is hereby authorized to establish and administer the budgeting of capital projects consistent with best management 54 practices, reporting requirements and the Capital Improvement Program adopted by the City Council. 55 56 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 57 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects" 58 mean water and sewer projects having the same name or project scope and description with the exception of"water" or 59 "sewer"being in the title and/or project scope and description. 60 61 Section 11. That the City Manager or the Director of Budget and Management Services is hereby authorized to change, 62 subject to any applicable restriction of law or of any bonds or bond issue,the financing sources for the various capital projects 63 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or 64 realized revenues. If the financing sources in support of capital projects decline,the City Manager or the Director of Budget 65 and Management Services is authorized to reduce,subject to any applicable restriction of law or of any bonds or bond issue, 66 those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of 67 any reductions to total appropriations exceeding$100,000. The notice to City Council shall identify the basis and amount of 68 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a 69 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. 70 71 - - . •- - . _. - _ .• .-- •. •_ . • . " 73 75 76 Section 12. That the funding source for an appropriation of $1,223,898 to CIP #9-017 "Arena Infrastructure 77 Development-Off Site" and an appropriation of $35,800 to CIP #9-015 "Arena Infrastructure Development-On Site" are 78 hereby changed from Public Facility Revenue Bonds to Tourism Investment Program Fund Fund Balance for the close-out of 79 all expenditures related to the Arena project that occurred within these projects. 80 81 Section 13. That $40,000 of appropriated state contribution funding for CIP #7-414 "Storm Water Quality 82 Enhancements-II"is hereby changed to federal contribution. 83 84 Section II 14. That the Capital Improvement Program debt management policies contained and included in the 85 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report 86 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines, 87 such information to be included in the Resource Management Plan submittal. The City Manager may propose modifications 88 to those policies and guidelines through the Resource Management Plan. 89 90 Section 44 15. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real 91 property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 92 93 Section 16 16. Attachment B of this Ordinance includes $65,214,933 of funding using Public Facility Revenue Bonds 94 ("PFRB Financing"). "Attachment E— Projects Utilizing Public Facility Revenue Bonds," attached hereto and incorporated, 95 provides a list of projects that include PFRB Funding and the amount of PFRB Funding for Fiscal Year 2019. Without changing 96 the amount of total PFRB Funding authorized by this Ordinance,the Director of Finance is authorized to adjust the allocations 97 and/or amounts among the projects to ensure that the tax-exempt status for any resulting bonds is retained. 98 Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances • 99 Section 17. That CIP 9-020 ViBe District appropriation for FY19 is to be reduced to$0 with financing reduced as follows: 100 PFRB issuance is reduced from $506,238 to $0; General Fund Pay Go is reduced from $1,084,100 to $0; General Fund Fund 101 Balance is reduced from$3,159,112 to$0. 102 103 Section 18. That CIP 3-153 Various Site Acquisitions for FY19 is reduced to$0 with financing reduced as follows: Pay 104 Go from$1,343,644 to$0. 105 106 Section 19. That CIP 3-072 City Hall is reduced to design only for a FY19 appropriation of$1,804,759,with Pay Go as 107 the revenue source. The PFRB revenue source is reduced from$47,402,602 to$0. 108 109 Section 20. That CIP 9-081 Strategic Growth Area Projects for FY19 is reduced to $0, with Pay Go reduced from 110 $250,000 to$0. 111 112 Section 21. That CIP 9-041 Virginia Beach Sports Center is to have revenue realigned as follows:$21,500,000 is from 113 the TIP Fund Fund Balance and$29,500,000 of PFRB financings. This is a net reduction of$21,500,000 in PFRBs from the City 114 Manager's Proposed CIP. 115 116 Section 22. Remove CIP 9-053 Dome Site Entertainment Venue,with PFRB financing reduced$5,000,000 in FY19 and 117 the programmed$25,000,000 in FY 20. 118 119 Section 23. The City Manager is directed to present to the City Council a proposal for the allocation of the TIP Fund 120 toward the portion of the Central Resort District Drainage Improvements (CIP 7-041) that requires the TIP Fund to make a 121 contribution to the funding for CIP 7-041 in an amount that is equal to the portion of the square footage of the TIP-funded 122 projects within the Central Resort District. If this allocation of funding allows the reduction in the Stormwater ERU fee,the 123 City Manager is directed to provide that amount. 124 125 Section 24. That CIP 9-046 Public Pier is to have its funding in FY20 pushed to FY24; the revenue source of TIP Fund 126 Fund Balance is the same. 127 128 Section 25. A new Flood Relief and Drainage Capital Project is hereby established with$3,572,240 of Pay Go from the 129 Operating Budget and $4,032,106 in Pay Go and General Fund Fund Balance provided in Sections 17, 18, and 20 of this 130 ordinance. Of this total appropriation of$7,604,346, the City Manager is directed to develop a list of possible work items 131 and tasks and a scoring methodology for evaluating the work items and tasks. This methodology shall weigh various factors 132 including cost to deliver, delivery timing, estimated reduction in public or private losses, and other such factors for the 133 Council's consideration. The City Manager will allow the City Council to adopt weights for the evaluation among the offered 134 factors. 135 136 Section 26. That CIP 9-008 Historic Kempsville is to be amended in the FY20 with$50,000 in programmed funding with 137 the source of revenue the sale of property. 138 139 Section 16 27. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 140 person or persons responsible for the capital project in which the violation occurred. 141 142 Section 17 28. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 143 decision shall not affect the validity of the remaining portions of this ordinance. 144 145 Section 18 29. That this ordinance shall be in effect from the date of its adoption;however,appropriations for the FY 146 2019 Capital Budget shall be effective on July 1, 2018. 147 148 Requires an affirmative vote of the majority of City Council 149 150 Adopted by the Council of the City of Virginia Beach,Virginia,on the_ day of May,2018. Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances APPROVED FOR LEGAL SUFFICIENCY: Office of the City Attorney Fiscal Year 2018-19 Moss,Abbott,and Dyer Ordinances 68 CITY COUNCIL COMMENTS ITEM#68036 (Continued) Councilman Dyer expressed appreciation to everyone that attended the Joint Town Hall Meeting with Council Lady Abbott. May 1, 2018 69 CITY COUNCIL COMMENTS ITEM#68037 (Continued) Council Lady Wilson advised she attended the Broadband Advisory Council Meeting in Richmond and is proud the City is viewed as a leader in this initiative. • May 1, 2018 70 AGENDA REVIEW SESSION ITEM#68038 5:41 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 5-531 re leash law b. 5-532 and 5-533 re barking dogs and nuisance animals generally 2. Resolution to EXTEND the City's Cable Franchise with Cox Communications until the earlier of November 23, 2018 or the date on which the franchise is renewed 3. Ordinance to AUTHORIZE the acquisition of property in fee simple for right-of-way re Princess Anne Road Phase VII Project and the acquisition of temporary and permanent easements, either by agreement or condemnation 4. Ordinance to AUTHORIZE the acquisition of property in fee simple re Fire and EMS Station at Burton Station Project by condemnation due to unknown ownership 5. Resolution to DIRECT the City Attorney to file a petition for Writ of Special Election re vacancy in the Office of Mayor 6. Ordinance to TRANSFER$293,815 from the General Fund Reserve to the Office of Voter Registration &Elections re Democratic and Republican Primary Elections 7. Resolutions to APPOINT: a. Robin Wilcox as Deputy City Clerk II b. Paige McGraw as Deputy City Clerk II 8. Ordinance to AUTHORIZE the City Attorney to PETITION the Circuit Court to appoint a Special Commissioner to execute the necessary deeds to CONVEY three (3)parcels of land in the Lake Edward Neighborhood to the City and AUTHORIZE the City Manager to ACCEPT title to the three (3)parcels and to ACCEPT dedications of easements re lake improvements 9. Resolution to APPROVE an Extension of the Town Center Option Agreement and RECOMMEND the Virginia Beach Development Authority APPROVE the Extension 10. Ordinances to AUTHORIZE temporary encroachments into a portion of city property known as: a. Lake Wesley at the rear of 504 Kerry Lane b. North Bay at the rear of 353 Back Bay Crescent 11. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE the Memorandum of Agreement (MOA) re ESTABLISH the Hampton Roads Regional Storm water Management Program between the City and the Hampton Roads Planning District Commission (HRPDC) 12. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to accept: a. Additional Streets for Urban Maintenance Payments b. Corrections/Deletions to the Road Inventory for Urban Maintenance Payments May 1, 2018 71 AGENDA REVIEW SESSION ITEM#68038 (Continued) 13. Resolution to AFFIRM COMMITMENT to fund the local share of Revenue Sharing Projects with the Virginia Department of Transportation (VDOT) under the Programmatic Project Administration Agreement and AUTHORIZE the City Manager to enter into any necessary agreements for project development 14. Ordinances to ACCEPT and APPROPRIATE: a. $673,655 from the Virginia Department of Transportation (VDOT) to the FY 2017-18 Operating Budget for Public Works re maintenance of roadways b. $3,000 from the Tidewater Bicycle Association to the City Bikeways and Trails Plan Implementation II re installation of bike racks c. $23, 480 from the Virginia Department of Criminal Justice Services to the Police Department re staff recruitment ITEM#la WILL BE CONSIDERED SEPARATELY VICE MAYOR JONES WILL ABSTAIN ON ITEM#3 May 1, 2018 72 AGENDA REVIEW SESSION ITEM#68038 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. ISHWAR,LLCfor a Modification of Conditions re motor vehicle rentals at 5924 Indian River Road(Approved September 19, 2017)DISTRICT 1—CENTERVILLE 2. DRAGAS ASSOCIATES,INC. ET AL for a Conditional Change of Zoning from R-10 Residential to Conditional A-24 Apartment at the southwest corner of Haygood Road& Wesleyan Drive DISTRICT 4—BAYSIDE 3. GLASER ENTERPRISES,INC. & GLASER,LLCfor a Conditional Use Permit re bulk storage yard at 2584 Horse Pasture Road DISTRICT 3—ROSE HALL 4. D&S WILLIAMS,INC. &LONDON BRIDGE,LLCfor a Conditional Use Permit re automobile repair garage at 113 Pennsylvania Avenue DISTRICT 4—BAYSIDE 5. BURGER BUSTERS,INC. & BALBOA,LLCfor Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re drive-through restaurant at the northwest corner of Pacific Avenue &29" Street DISTRICT 6—BEACH ITEM#5 WILL BE CONSIDERED SEPARATELY **THERE WAS NO CLOSED SESSION DUE TO LACK OF TIME May 1, 2018 73 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 1,2018 6:00 P.M. Vice Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,May 1, 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 E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss left during the Informal Session after receiving word his mother-in-law passed away INVOCATION: Rabbi Marc Kraus Temple Emmanuel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna"), whose Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna 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(the "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 of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Councilmember Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. May 1, 2018 74 Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. May 1, 2018 75 Item—VI-E CERTIFICATION ITEM#68039 THE CLOSED SESSION WAS NOT HELD DUE TO LACK OF TIME May 1, 2018 76 Item—VI-F MINUTES ITEM#68040 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of April 17, 2018. 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: John D. Moss May 1, 2018 77 VLG ITEM#68041 CITY COUNCIL SELECTION OF THE MAYOR Vice Mayor Jones advised the City Council will use the same process as in the past. Specifically, he will accept nominations from the Members of Council around the dais. No second will be required for the nomination and the nominees will be voted on in the order of the nomination. As soon as a nominee receives a majority vote (6 votes), the Chair will declare the nominee has been elected as the Mayor and shall serve until his (or her) successor is elected and qualified in accordance with general law. Vice Mayor Jones opened the floor for nominations: Council Lady Wilson nominated Vice Mayor Louis R.Jones Vice Mayor Jones asked for additional nominations, hearing none, Vice Mayor Jones closed the nomination for Mayor 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: John D. Moss By a vote of 9-0, City Council Elected Louis R. Jones,Mayor. Louis R. Jones, having been elected as Mayor,RESIGNED serving as the Vice Mayor. May 1, 2018 VIRGINIA: IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE OATH I, 1%.005 do solemnly swear (or affirm)that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as Mayor of the City of Virginia Beach, to fulfill the unexpired current term , until his or her successor is elected and qualified in accordance with general law, according to the best of my ability, (so help me God). Signature of Perso Taking Oath Oath taken and subscribed to before me on the 1St day of May, 2018. TINA E. SINNEN, CLERK By /h 0. Clerk Original-Retained by Clerk Copy—To Person Taking Oath 78 VLG ITEM#68042 CITY COUNCIL SELECTION OF THE VICE MAYOR Mayor Jones advised the same process will be used to elect the Vice Mayor. Mayor Jones opened the floor for nominations: Council Lady Kane nominated James L. Wood Mayor Jones asked for additional nominations, hearing none, Mayor Jones closed the nomination for Vice Mayor Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss By a vote of 9-0, City Council Elected James L. Wood, Vice Mayor. May 1, 2018 VIRGINIA: IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE OATH I, cri4MMS _L. - IAbd- do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as Vice Mayor of the City of Virginia Beach,through December 31,2018, according to the best of my ability, (so help me God). 11 Signat i - e f I'erson Taking Oath Oath taken and subscribed to before me on the 1St day of May, 2018. TINA E. SINNEN, CLERK 4By: /Gt..Q t., \ Clerk Original-Retained by Clerk Copy—To Person Taking Oath 79 ADOPT AGENDA FOR FORMAL SESSION ITEM#68043 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 1, 2018 80 Item - VI-H.1 PUBLIC HEARINGS ITEM#68044 Mayor Jones DECLARED A PUBLIC HEARING: EXTENSION OF CABLE FRANCHISE Cox Communications, LLC The following individual registered to speak: Barbara Messner, P.O. Box 514, expressed concern regarding the extension of this cable franchise. There being no additional speakers, Mayor Jones CLOSED the PUBLIC HEARING. May 1, 2018 81 Item - VI-L2 PUBLIC HEARINGS ITEM#68045 Vice Mayor Wood DECLARED A PUBLIC HEARING: ACQUISITION OF REAL PROPERTY Princess Anne Road Phase VII There being no speakers, Vice Mayor Wood CLOSED the PUBLIC HEARING. May 1, 2018 82 Item - VI-L3 PUBLIC HEARINGS ITEM#68046 Mayor Jones DECLARED A PUBLIC HEARING.• ACQUISITION OF REAL PROPERTY Fire/EMS Station at Burton Station There being no speakers, Mayor Jones CLOSED the PUBLIC HEARING. May 1, 2018 83 Item - VI-L4 PUBLIC HEARINGS ITEM#68047 Mayor Jones DECLARED A PUBLIC HEARING: PROPOSED REAL PROPERTY TAX RATE(EFFECTIVE TAX INCREASE) The following individuals registered to speak: Jim Iulo, 2928 Camarillo Lane, Phone: 621-9198, spoke in SUPPORT of Stormwater Management Funding for Ashville Park. Felicia Siebor, 2081 Grandon Loop Road, Phone: 575-2210, spoke in SUPPORT of Stormwater Management Funding for Ashville Park. Jeanette Ray 2840 Camarillo Lane, Phone: 778-2126, spoke in SUPPORT of Stormwater Management Funding for Ashville Park. Jeff Bobrowitz, 2036 Channing Lane, Phone: 804-914-3000, spoke in SUPPORT of Stormwater Management Funding for Ashville Park. Hans VonKruger, 1928 Grandon Loop Road, Phone: 818-825-0416, spoke in SUPPORT of Stormwater Management Funding for Ashville Park. William Bailey, 211 24th Street, Phone: 288-5761, spoke in SUPPORT of Fire Department and addressing pay compression. Joe Polozzi, 1104 Wilbur Avenue, Phone: 572-2721, spoke in SUPPORT of Fire Department and addressing pay compression. Michelle Rilee, 3675 Hill Breeze Road, Phone: 496-0270, spoke in SUPPORT of the Alternative Budget. Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, spoke in SUPPORT of the Alternative Budget. Rohan Rathi, 808 Cornwall Court, Phone: 754-0460, spoke in SUPPORT of increased funding for the Libraries. Barbara Messner, P.O. Box 514, spoke in SUPPORT of a Budget to support Public Safety. Todd Solomon, 2260 First Landing Lane, Phone: 496-5933, spoke in SUPPORT of the Shore Drive Corridor. Mike Mitchell, P.O. Box 62102, Phone: 544-0955, spoke in SUPPORT of a Budget to support Public Safety. Marvin Rollins, 1521 Mill Landing Road, Phone: 426-6459, asked City Council reconsider raiding Stormwater Fees. Rona Marsh, 4382 Lynnville, spoke in OPPOSITION to the proposed Property Tax Increase. Marlayne Castaluzzo, spoke in SUPPORT of the Alternative Budget. May 1, 2018 84 Item - VI-I.4 PUBLIC HEARINGS ITEM#68047 (Continued) Mike Maskell, 4403 Lisbon Lane, #103, Phone: 615-6265, spoke in OPPOSITION to both proposed Budgets. There being no additional speakers, Mayor Jones CLOSED the PUBLIC HEARING. May 1, 2018 85 Item— VLJ ORDINANCES/RESOLUTIONS ITEM#68048 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Agenda Items 1b, 2, 3(MAYOR JONES ABSTAINED), 4, 5, 6, 7a/b, 8, 9(ABBOTT & DYER VERBAL NA19, 10a/b, 11, 12a/b, 13, and 14a/b/c Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 86 Item -VI-J.la ORDINANCES/RESOLUTIONS ITEM#68049 The following individuals registered to speak: Barbara Messner, P.O. Box 514, expressed concern. Upon motion by Council Lady Wilson, seconded by Vice Mayor Wood, City Council ADOPTED, Ordinance to AMEND City Code Section: a. 5-531 re leash law Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 AN ORDINANCE TO AMEND SECTION 5-531 2 OF THE CITY CODE PERTAINING TO 3 KEEPING DOGS UNDER RESTRAINT; 4 LEASH LAW 5 6 SECTION AMENDED: § 5-531 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 5-531 of the Code of the City of Virginia Beach, Virginia, is 12 amended and reordained to read as follows: 13 14 Sec. 5-531. - Keeping dogs under restraint; leash law. 15 (a) It shall be unlawful for the owner or custodian of any dog to permit the dog to go 16 upon any city park, public street, sidewalk or right-of-way, excluding the public 17 beaches of the city, unless it is kept firmly secured by a physical leash or lead 18 attached to a collar or harness e _ -- ---. - - - - - - -- - - - - •-- - 19 the dog and under the control of a responsible person capable of physically 20 restraining the dog. 21 (b) Any person who does not restrain his dog, in accordance with this section, whether 22 such person be the owner or custodian of such dog, shall be guilty of a class 4 23 misdemeanor. The animal control officer or police officer may issue a summons to 24 any person he finds in violation of this section. 25 (c) For the purpose of this section "city park" means any city-owned and operated 26 property open to the public for general recreational use, including, but not limited to 27 traditional park areas, canoe and kayak launch areas, and the disabled children's 28 beach playground known as Grommet Park. 29 (d) Exceptions. 30 (1) This section shall not apply to any person who uses a dog under his direct 31 supervision while lawfully hunting, while engaged in a supervised formal 32 obedience training class or show, or during formally sanctioned field trials. 33 (2) This section shall not apply to any person south of the trace line beginning at 34 the intersection of Elbow Road and the Chesapeake-Virginia Beach City 35 boundary line; thence northeastwardly along Elbow Road to Salem Road; 36 thence southeastwardly along Salem Road to North Landstown Road; thence 37 northeastwardly along Landstown Road to Princess Anne Road; thence 38 southeastwardly along Princess Anne Road to Sandbridge Road; thence 39 eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean; 40 with the exception of the subdivisions of Bellwood Estat , e • _ _ - 41 9- - •5 -- e."•- ••- _ _ _ -- •55 ___ - •5 -5 e _ _ _ any other areas 42 zoned for residential use. 43 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1st day of May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /;141-"1 Police Department City Attr ey's Office CA14335 R-1 April 3, 2018 87 Item -VI-J.lb ORDINANCES/RESOLUTIONS ITEM#68050 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: b. 5-532 and 5-533 re barking dogs and nuisance animals generally Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 AN ORDINANCE TO AMEND SECTIONS 5- 2 532 AND 5-533 OF THE CITY CODE 3 PERTAINING TO BARKING DOGS AND 4 NUISANCE ANIMALS GENERALLY 5 6 SECTIONS AMENDED: §§ 5-532 AND 5-533 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 5-532 and 5-533 of the Code of the City of Virginia Beach, Virginia, 12 are amended and reordained to read as follows: 13 14 Sec. 5-532. - Barking dogs. 15 16 (a) It shall be unlawful for any person to keep a dog without exercising proper care 17 and control of such dog to prevent it from disturbing the peace of others by 18 barking, whining, howling, or crying without provocation in a loud, continuous or 19 untimely manner. Any person, whether as owner, tenant, occupant, lessee or 20 otherwise, in charge or control of the property where such dog is kept, or the 21 owner of such dog, shall be responsible for exercising control of such dog under 22 this section. 23 (b) It shall be the duty of any animal control officer or police officer, who may find any 24 dog disturbing the peace of others by barking, whining, howling, or crying without 25 provocation in a loud, continuous or untimely manner, to advise the owner of such 26 dog, or the person in charge or control of the property where such dog is kept, to 27 exercise proper control and care of such dog to prevent it from barking, whining, 28 howling, or crying in such manner. If such owner or person refuses to cooperate 29 with the police officer or animal control officer, or is unable to prevent such dog 30 from barking, whining, howling, or crying in such manner, or if the animal control 31 officer or police officer is unable to locate any person on the property where such 32 dog is kept, it shall be the duty of the animal control officer or police officer to take 33 such dog into possession. The impoundment provisions of section 5-400 of this 34 chapter shall be applicable to and followed by animal control officers, the bureau 35 of animal control and police officers upon taking possession of any dog under this 36 section. 37 (c) The animal control officer or police officer may issue a summons to any person he 38 finds in violation of this section. 39 Sec. 5-533. - Nuisance animals generally. 40 (a) No owner shall fail to exercise proper care and control of his animals to prevent 41 them from becoming a public nuisance. Molesting a passerby, attacking without 42 seriously injuring any person without provocation on two (2) or more occasions, 43 chasing vehicles, habitually attacking but not seriously injuring other domestic 44 animals, trespassing upon school grounds, or trespassing upon private property in 45 such manner as to damage property shall be deemed a nuisance. Three (3) or 46 more violations of City Code sections 54-530 or 5-532 in any twelve-month period 47 shall also be deemed a nuisance. 48 (b) Any person owning or having in his possession or under his control any animal 49 constituting a nuisance shall be summoned before the general district court of the 50 city to show cause why such animal should not be confined, disposed of or 51 removed or the nuisance otherwise abated and, upon proof that the animal 52 constitutes a public nuisance, the animal in question shall, by order of the general 53 district court of the city, either be confined, removed from the city, or the nuisance 54 activity otherwise abated as such court shall order. It shall be unlawful and shall 55 constitute contempt of court for any person to harbor or conceal any animal which 56 has been ordered disposed of or removed by the general district court, or to fail to 57 confine or restrain an animal when such an order has been entered by the court. 58 (c) Any person who owns any dog, cat or other animal that has been adjudged a 59 nuisance pursuant to this section by the general district court and who appeals 60 that decision to the circuit court shall be responsible for the fees connected with 61 the impounding of the animal by the bureau of animal control. If on appeal the 62 circuit court determines that the dog, cat or other animal is not a nuisance, no 63 such fees for the impounding of the animal shall be imposed. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1st day of May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department ity A .rn'"'s Office CA14371 R-1 April 19, 2018 88 Item -VI-J.2 ORDINANCES/RESOLUTIONS ITEM#68051 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to EXTEND the City's Cable Franchise with Cox Communications until the earlier of November 23, 2018 or the date on which the franchise is renewed Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 A RESOLUTION TO EXTEND THE CITY'S CABLE 2 FRANCHISE WITH COX COMMUNICATIONS 3 UNTIL THE EARLIER OF NOVEMBER 23, 2018 4 OR THE DATE ON WHICH THE FRANCHISE IS 5 RENEWED 6 7 WHEREAS, the extension of the City's current cable franchise with Cox 8 Communications Hampton Roads, L.L.C. ("Cox"), expires on May 23, 2018; 9 10 WHEREAS, the City has been conducting a public needs assessment 11 concerning the renewal of such franchise and has been engaged with Cox in 12 negotiations to that end; 13 14 WHEREAS, review of the needs assessment and negotiations cannot be 15 concluded prior to the expiration date of the current extension to the franchise; and 16 17 WHEREAS, the parties wish to enter into a second extension of the term of the 18 current franchise to the earlier of November 23, 2018 or the date on which the franchise 19 is renewed, under the same terms and conditions set forth in the franchise; and 20 21 WHEREAS, the requested extension will not affect Cox's customers, except to 22 allow them to continue to receive cable service from Cox. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized and directed to execute, on behalf of 28 the City, the agreement entitled "THIRD AMENDMENT OF CABLE TV FRANCHISE 29 AGREEMENT", dated , 2018, by and between the City of Virginia Beach 30 and Cox, which agreement is appended hereto and a copy thereof is on file and 31 available for public inspection in the Office of the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 1 s t day of May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 1 D SUFFICIENCY AND FORM: M \ �/'AA. INFORMATION TECHNOLOGY CITY ATTORNEY'S OF' CE CA14227 April 10, 2018 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d010\p029\00465995.docx THIRD AMENDMENT OF CABLE TV FRANCHISE AGREEMENT COX COMMUNICATIONS HAMPTON ROADS,L.L.C. THIS THIRD AMENDMENT AGREEMENT (the "3" Amendment"), dated this _ day of , 2018 is by and between the City of Virginia Beach, Virginia, a municipal corporation ("City") and Cox Communications Hampton Roads, L.L.C., ("Cox") a Delaware limited liability company authorized to transact business in the Commonwealth of Virginia. The City and Cox may be collectively referred to as the"Parties." WHEREAS, the City granted a ten (10) year cable franchise ("Franchise") to Cox that commenced on May 23,2006 and expired May 23,2016("Expiration Date"); WHEREAS, the City and Cox entered into negotiations to renew the Franchise ("Franchise Renewal"), and as part of the process the City secured the services of a consultant to conduct a public needs assessment and audit; WHEREAS, since the Franchise Renewal was unable to be completed prior to the Expiration Date,the parties entered into two(2) one-year extensions of the Franchise, authorized by City Council on May 17, 2016 by adoption of RES-03789 and May 16, 2017 by adoption of RES-03847, respectively; and WHEREAS, the parties continue to negotiate the terms of the Franchise Renewal, and desire to obtain an additional extension in order to fully assess and finalize the terms of the Franchise Renewal. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and other valuable consideration, the sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. Section 4.04 of the Franchise is hereby deleted in its entirety and replaced with the following: The term of the Franchise to be granted by the City pursuant to this Ordinance shall expire the earlier of November 23, 2018 or when the existing Franchise is renewed, whichever shall first occur. 2. Except as specifically modified hereby,the Franchise shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this 3n' Amendment to be executed by their respective duly authorized representatives. COX COMMUNICATIONS HAMPTON ROADS,L.L.C. a Delaware limited liability company By: COMMONWEALTH OF VIRGINIA CITY OF ,to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , on behalf of COX COMMUNICATIONS HAMPTON ROADS, L.L.C., a Delaware limited liability company authorized to transact business in the Commonwealth of Virginia. Notary Public My commission expires: My registration number: CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Amanda F.Barnes,City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach,on its behalf. Notary Public My commission expires: My registration number: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by Amanda F.Barnes,City Clerk of the City of Virginia Beach,on its behalf. Notary Public My commission expires: My registration number: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Information Technology City Attorney's Office 89 Item -VI-J.3 ORDINANCES/RESOLUTIONS ITEM#68052 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple for right-of-way re Princess Anne Road Phase VII Project and the acquisition of temporary and permanent easements, either by agreement or condemnation Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Abstaining: Mayor Louis R. Jones Council Members Absent: John D. Moss May 1, 2018 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE PRINCESS 4 ANNE PHASE VII PROJECT (CIP 2-195), AND 5 THE ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation within the City and for other related public purposes for the preservation of 13 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 14 people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 22 fee simple, including temporary and permanent easements and entire tracts upon which 23 such rights-of-way or easements shall be located, within the limitations and conditions of 24 Section 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown 25 on the plans entitled "PRINCESS ANNE ROAD PHASE VII CIP 2-195, CIP 6-106, PWCN 26 4-0075" (the "Project"), and more specifically described on the acquisition plats for the 27 Project (plats and plans collectively referred to as the "Plans"), the Plans being on file in 28 the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make or cause to be 31 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 32 reasonable offer to the owners or persons having an interest in said Property. If refused, 33 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of 36 May , 2018. CA14222 PREPARED: 3/26/18 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d026\p025\00460977.doc R-1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY '� BLI WORKS/REAL ESTATE CITY ATT EY �" � \ R" \.. *-/k yL' e 4iis," ' y .y � -"i- 'it. // < ,,,.. .t• ,f,f f i ,r �-..' .e �4, s "i 1 X71 s, +, , ?.�',C* ^f. } .�V♦:, \' ,.'! . .i ��O! a.,' ��y-_4-i.l""-r � �•., t \`.��, !i�'.�� 1111� �� `�f��.t. 'C'''''s \`'{ ,y,' P, �r •s ti; tr S M:'/�' 42' `'.r' �' '�aa 'l r -� 4•y Na:' :.\.4,.../.-...,e, (4.Y'■f ��l > .. n A .` r / , 4r !,; t e f 1, s r it, ' «'.✓ > ♦� ,I54 Au 4-11-,aZ i • ��. a Vii. nc � �' �J /f.. j .. ilk+ t P. t ..16 t' , -1 e• F ., .`[: , ', -''` t '. / ' w'i �_ t. 9 p r LC3r. f Q 'c 'l li 1'd L A-i .. `.`' p,.:, '1.t r 4 l,c,1� ../ - f t ••. ;,- ,/ 3o :y", i-• �tWJ�"'. �4,4 .44.7Attlr ,ire st�'..-3..*,. ` �t '1 "-4,i•�f/ . * '7,,f• f ♦ �'1 y�.rr F'Vti y{ ( ,kl r ij't.- . .i,,, may.. ,�;\� r ;•. �'� �, �• *�' -a t �.l - _ .i. t '� :rte\ i. -. ,,,,, ,Alk..4, .. t 4' f ' i', ..4, i ' 7/----/• '''' '4'' ' A ' �� ' . , i< o-1 '' a _ .,, /t ef �. '1 �a i G <o +� z i i . L .t �_a'cr ; -..�fi:..J { �^�,�� •.�� 1 4 r �Yl ... ,fie I i. - �w .. **, ? y G Jd d ,r '' k • •,- •,"‘ ---•;-'-il.- -4,-'4'701..,!, :1'14.44 --:,:',, It'''.1-...":--.. 'A` % , „twit*/' tri;.;.4,''.4 ar i. • Z°ft� grr, * t "ey � al 2 In l • #;'r w - e: x r '1t CR i , A- - _ _ I--c ¥.7f r-'*- --.. `� 'fir` `* ` , 4,...' -. [` F 'S a r :r `^` C .. ..�D z 4 KIN()l1Nfi 6ll0`^'k(1 r i H ., X t)- iii ��w� R f t _ xe H is u. �' s aP. rh? WU :.,1,, . ' l'''..',''. .1,4,, "a?.. ').): ,.,4.,,, 4.,/ f' , '^yJ . , Tot Ek lk W Q d 0 0 1:! .1E �� ti/ I- U W ( oP�:_ siJ >� s4 do p O W !i tiby i Jti4`c'‘N1A'$EAc�S' 04 ,F'� L� O u ri _i r City of Virginia 1 each 9 = OF OUR NA'"( LOUIS R.JONES PHONE: (757)583-0177 VICE MAYOR FAX: (757)588-4659 Refer to File No. 0062848 May 1, 2018 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance authorizing the acquisition of real property in fee simple for the Princess Anne Road Phase VII Project(CIP 2-195)and the acquisition of temporary and permanent easements, either by agreement or condemnation. 2. The Princess Anne Road Phase VII project require the acquisition of land and interests in land from approximately twenty property owners, including Hollomon- Brown Funeral Home, Inc. 3. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The company's corporate headquarters are located at 8464 Tidewater Drive, Norfolk, Virginia. 4. Although the City Attorney has advised me that the Conflict of Interests Act allows me to participate in this transaction without restriction as a member of a group upon disclosure of my interest, I nevertheless wish to abstain from voting on this matter. 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 Mrs. Amanda Barnes -2- May 1, 2018 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, Louis R. Jo s Vice Mayor LRJ/RRI 90 Item -VI-J.4 ORDINANCES/RESOLUTIONS ITEM#68053 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple re Fire and EMS Station at Burton Station Project by condemnation due to unknown ownership Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE FIRE AND EMS STATION AT 4 BURTON STATION PROJECT (CIP 3-075) BY s CONDEMNATION DUE TO UNKNOWN 6 OWNERSHIP 7 8 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 9 public necessity exists to improve the response time for first arriving emergency units and 10 create an effective response force in the Burton Station Strategic Growth Area. 11 12 WHEREAS, the proposed Fire and EMS Station would serve the surrounding 13 community as well as support service requests requiring multiple apparatus in the 14 Haygood, Chesapeake Beach, northern Kempsville areas, and for other related public 15 purposes for the preservation of the safety, health, peace, good order, comfort, 16 convenience, and the welfare of the people in the City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 Section 1. That the City Council authorizes the acquisition by purchase or 22 condemnation pursuant to Sections 15.2-1901, et seq. and Title 25.1 and 33.2 of the Code 23 of Virginia of 1950, as amended, of all that certain real property in fee simple for the 24 purpose of construction of the Fire/ EMS Station shown on Exhibit A, attached hereto and 25 made a part hereof(the"Properties"), and on the plans entitled "BURTON STATION FIRE/ 26 EMS STATION," (the "Project") in particular, those certain parcels identified and more 27 specifically described on the acquisition plats for the Project (plats and plans collectively 28 referred to as the "Plans"), the Plans being on file in the Department of Public Works, City 29 of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be 32 made on behalf of the City of Virginia Beach, to the extent that funds are available and to 33 the extent the owners can be identified and located, a reasonable offer to the owners or 34 persons having an interest in said Properties. If refused, or if the Properties' owners are 35 unable to convey clear title or if the owners cannot be identified or located, the City 36 Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings to 37 condemn to acquire title to the Properties to construct the Project. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of 40 May , 2018. CA13854 R-1 4/5/18 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d003\p027\00464601.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ' V PUBLIC WORKS/REAL ESTATE CITY A TO -Y EXHIBIT A Parcels Authorized for Acquisition By Agreement or Condemnation: ADDRESS OWNER GPIN (Now or Formerly) Burton Station Clara P. Smith, et als. 1458-89-7203 Private Right- of-Way Burton Station Clara P. Smith, et als. 1458-89-9600 Private Right- of-Way z+1 � LL O a O O c c (n NQ O o / (n M E 0 n- o WH U I N1` W io Lie C1=1 o w a) 'V o c; o� O a IX) v • L er 01:7\*0- / / • , Q�\ fid, o / -v c X M ` O N Pi a) *44 00 4111/1644411( ' O 'O il 44IP cc c. \ a /\ Hi Z 00 •' ''-7, 0 Irj/ mZ Cn o ., o c w N LL 6 p� i Q Ilk) 1 W c ., 02. f 100 d L\ • \, C I a a 44./APAr P a) J 0 I cvc a` :‘14 - � ' 4 .4 11li A. Z Z O a i*.► p p 't LL C a 2 p o a ti . W N Tv i ` ' W U Q ice , 4 U. m .- C, - o Q coA d7 0, 01I Aft",sr At.N#4/1". \ 4 V o cc w03 : . - . . , ,, 4 , i v r � � • 0 \ . A . _ ., ` , 4. Orr ..itid;000:4 e 10 a r r ,O it oill. * dr r CC Nc N/y a al M [C a a c rn r d 00 a O c G 0U, _..,,, „. 40• co ,._ w O) a) Li,. . . W o0 ,_ c Iry A ,. W oo a LL jimtio__ „ -,.,- C L.T. U a 91 Item -VI-J.5 ORDINANCES/RESOLUTIONS ITEM#68054 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to DIRECT the City Attorney to file a petition for Writ of Special Election re vacancy in the Office of Mayor Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO 2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION 3 4 WHEREAS, William D. Sessoms, Jr., Mayor, was elected for a term that ends 5 December 31, 2020; 6 7 WHEREAS, Mr. Sessoms submitted his resignation from the City Council 8 effective 11:59 p.m. on April 30, 2018; 9 10 WHEREAS, Code of Virginia § 24.2-226 requires that within fifteen (15) calendar 11 days of the event of a vacancy, the governing body shall petition its circuit court for a 12 Writ of Special Election to fill the remaining portion of the term of office for a member of 13 the City Council, including a mayor elected by the voters; and 14 15 WHEREAS, the next general election following the resignation by Mr. Sessoms is 16 November 6, 2018. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the City Council directs the City Attorney to file a Petition for a Writ of 22 Special Election in the Circuit Court for the purpose of filling the vacancy in the Office of 23 Mayor for a term ending December 31 , 2020, and requests such special election to be 24 held November 6, 2018. Adopted by the City Council of the City of Virginia Beach, Virginia, this 1st day of May , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14370 R-2 April 20, 2018 0141A*8t.4c 04 D City of Virginia Beach ss r.t OUR NArfl VBgov.COm WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com April 18, 2018 Virginia Beach City Council Members Dear Council Members: For the past 30 years, it has been my privilege to serve the city that I love. I grew up here and raised my family here. And now, my grandchildren also call Virginia Beach home. Over my lifetime, Virginia Beach has seen many changes, and I am proud to see that the City is continuing to make amazing improvements that will keep the city thriving for generations to come. As I was preparing for last month's State of the City speech, Bev and I reflected on all of the progress we have made in this city. We also contemplated our family's future and, obviously, the future of the City. I realized now is the right time to make this decision. So I will be stepping down from the Office of Mayor to pursue private sector employment opportunities. My last day as Mayor will be at 11:59 p.m. on Monday, April 30. I am grateful to the citizens of Virginia Beach for entrusting me to serve as Mayor of the greatest city in the world. One of the reasons it is the greatest city in the world is because we have a City Council who works so diligently to carry out our Vision. To each of you, I offer my heartfelt thanks and admiration. To have had the career I've had, to have been able to serve my hometown as a member of the City Council and then as Mayor for more than half my adult life, I have to tell you, I am one lucky guy. Then, to have new opportunities presented to me, well, I am counting my blessings and leaving with the knowledge that this city is in very good hands. As I embark on the next chapter in my life, I will remain Virginia Beach's number-one fan. There is no one more proud to call this great city "home," and I have great faith that this City will continue on the right path for the people who live in Virginia Beach and because of that, Virginia Beach will continue to be the greatest city in the world. Sincerely, r William D. Sessoms, Jr. Mayor 92 Item ORDINANCES/RESOLUTIONS ITEM#68055 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $293,815 from the General Fund Reserve to the Office of Voter Registration &Elections re Democratic and Republican Primary Elections Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES- 3 REGULAR TO THE OFFICE OF VOTER REGISTRATION & 4 ELECTIONS FOR THE DEMOCRATIC AND REPUBLICAN 5 PRIMARY ELECTIONS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $293,815 is hereby transferred from the Reserve for Contingencies-Regular 11 to the Office of Voter Registration & Elections FY 2017-18 Operating Budget. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of 14 May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ar.v.L,__), ) /7_,,_ David A. dley Dana . Har eyer Budget and Management Services City Attorney's Office CA14369 R-1 April 18, 2018 93 Item -VI-J.7a ORDINANCES/RESOLUTIONS ITEM#68056 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT,Resolution to APPOINT: a. Robin Wilcox as Deputy City Clerk II Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 A RESOLUTION APPOINTING ROBIN WILCOX TO 2 THE POSITION OF DEPUTY CITY CLERK II 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-77 of the City Code, Robin Wilcox is hereby appointed to 8 the position of Deputy City Clerk II, effective April 12, 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 91 Clerk City Attorney's Offfcc CA14365 R-1 April 18, 2018 94 Item -VI-J.76 ORDINANCES/RESOLUTIONS ITEM#68057 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to APPOINT: b. Paige McGraw as Deputy City Clerk II Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 A RESOLUTION APPOINTING PAIGE MCGRAW TO 2 THE POSITION OF DEPUTY CITY CLERK II 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-77 of the City Code, Paige McGraw is hereby appointed to 8 the position of Deputy City Clerk II, effective March 29, 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Clerk City Attorney's Office CA14364 R-1 April 18, 2018 95 Item -VI-J.8 ORDINANCES/RESOLUTIONS ITEM#68058 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Attorney to PETITION the Circuit Court to appoint a Special Commissioner to execute the necessary deeds to CONVEY three (3)parcels of land in the Lake Edward Neighborhood to the City and AUTHORIZE the City Manager to ACCEPT title to the three (3) parcels and to ACCEPT dedications of easements re lake improvements Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 AN ORDINANCE (1) AUTHORIZING THE CITY ATTORNEY TO 2 PETITION THE CIRCUIT COURT TO APPOINT A SPECIAL 3 COMMISSIONER TO EXECUTE THE NECESSARY DEEDS TO 4 CONVEY THREE PARCELS OF LAND IN THE LAKE EDWARD 5 NEIGHBORHOOD TO THE CITY; AND (2) AUTHORIZING THE 6 CITY MANAGER TO ACCEPT TITLE TO THE THREE PARCELS 7 AND TO ACCEPT DEDICATIONS OF EASEMENTS FOR LAKE 8 IMPROVEMENTS 9 10 WHEREAS, the Lake Edward Corporation, a defunct Virginia corporation, 11 is the record owner of three vacant parcels of land and a parcel containing a lake in the 12 Lake Edward neighborhood, as follows: 13 14 Parcel 1 , consisting of approximately 5,664 sq. ft. of land located 15 along the alley adjacent to Hampshire Lane (GPIN: 1468-12-9065); 16 17 Parcel 2, consisting of approximately 7,604 sq. ft. of land located 18 along the alley adjacent to Hampshire Lane (GPIN: 1468-21-2564); 19 20 Parcel 3, consisting of approximately 26,027 sq. ft. of land known 21 as 5720 Volsung Court (GPIN: 1468-01-1143); and 22 23 Parcel 4, the Lake, consisting of approximately 12.94 acres, upon 24 which the City has easements for drainage and ingress and egress 25 (GPIN 1468-10-6881). 26 27 (Parcels 1-4, collectively, the "Parcels"); 28 29 WHEREAS, the Parcels have been the subject of numerous code 30 enforcement citations and abatement actions over the past twenty years, and residents 31 have raised concerns about the condition of and ongoing violations on these parcels. 32 The Parcels are currently delinquent in payment of real estate taxes and have violation 33 liens in the combined total amount of $54,101.48; 34 35 WHEREAS, there is currently no responsible party to clear violations or 36 maintain these parcels. The City Treasurer is not pursuing the sale of the Parcels as it is 37 unlikely the proceeds would cover the cost of the sale; 38 39 WHEREAS, Section § 58.1-3970.1 of the Code of Virginia authorizes the 40 City to petition the Circuit Court to convey property to the City through a Special 41 Commissioner process in lieu of the sale at public auction when the following 42 requirements are met: 43 44 1 . Each parcel has delinquent real estate taxes or the locality has a 45 lien against the parcel for removal, repair or securing of a building 46 or structure; removal of trash, garbage, refuse, litter; or the cutting 47 of grass, weeds or other foreign growth; 48 2. Each parcel has an assessed value of$50,000 or less; 49 3. Such taxes and liens, together, including penalty and accumulated 50 interest, exceed 50 percent of the assessed value of the parcel or 51 such taxes alone exceed 25 percent of the assessed value of the 52 parcel; 53 54 WHEREAS, each of the Parcels meets the requirements for acquisition 55 through the Special Commissioner process; 56 57 WHEREAS, the City Council of the City of Virginia Beach finds that 58 authorizing the acquisition of the Parcels will allow the City to respond to the 59 neighborhood concerns and maintain the properties for the safety and benefit of the 60 residents of the City; and 61 62 WHEREAS, the City Council desires that the City acquire only Parcels 1, 2 63 and 3 at this time, but may authorize acquisition of Parcel 4 at a future date if the City is 64 able to acquire easements from adjacent property owners that would be required to 65 properly maintain and improve Parcel 4. 66 67 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 68 OF VIRGINIA BEACH, VIRGINIA: 69 70 1. That the City Attorney is hereby authorized to petition the Court to transfer 71 title of Parcels 1, 2, and 3 to the City; 72 73 2. That the City Manager is hereby authorized to execute any documents 74 necessary to accept Parcels 1, 2 and 3 if authorized by a Special Commissioner and to 75 accept dedications of easements necessary to maintain and improve Parcel 4, and such 76 other terms, conditions or modifications as are deemed necessary and sufficient by the 77 City Manager and in a form deemed satisfactory by the City Attorney; 78 79 This ordinance shall be effective from the date of its adoption. 80 81 Adopted by the Council of the City of Virginia Beach, Virginia, on the 82 1st day of May , 2018. R-1 4/20/2018 CA14217 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d002\p027\00455964.doc APPROVED AS TO CONTENT APPRO E' AS TO CONTENT Public Work /Real Estate Housid��'. -'ghborhood Presery-tion APPROVED AS TO LEGAL SUFFICIENCY City Attorney' 0- - co ". ` ' a) • i� p v LL O L �+ O •G•( _ Q r OcaNM* CO N\�� • a a O P5 L41 � r> co �pM � Z - 0 � 0 ,- � 0 � � O T o 0 Q 0 3 Tr N OT" co L�) PI _ • t� .- oo co to ' Y _ 0 D)V LD co v 0 J N Z et) D5 7d fid, sy > 0 4. • ti� do Z Z,' �y' • �� -Q� j Y y� I:: I - F2 13 \ . , 0 • . . • �cp raj, - L - - J- � ; o� 1 , v ( O v . ) L- I i -4. c s c G'b O • LU -7 a. 1 U • ti a)y co _. = tU J i 96 Item -VI-J.9 ORDINANCES/RESOLUTIONS ITEM#68059 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to APPROVE an Extension of the Town Center Option Agreement and RECOMMEND the Virginia Beach Development Authority APPROVE the Extension Voting: 7-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Jessica P. Abbott Robert M Dyer Council Members Absent: John D. Moss May 1, 2018 1 RESOLUTION APPROVING AN EXTENSION OF 2 THE TOWN CENTER OPTION AGREEMENT 3 AND RECOMMENDING THAT THE CITY OF 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY 5 APPROVE THE EXTENSION 6 7 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 8 Virginia Beach Development Authority (the "Authority"), the City Manager and City 9 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 10 Development Company, L.L.C. and its affiliates, regarding the continued 11 development of the Central Business District Project known as The Town Center of 12 Virginia Beach (the "Project"); 13 14 WHEREAS, the Project is a development arrangement between the Authority 15 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 16 development, utilizing the structure of an economic development park in the B-3A 17 Pembroke Central Business Core District. The area is zoned to optimize 18 development potential for a mixed-use, pedestrian-oriented, urban activity center 19 with mid-to-high-rise structures that contain numerous types of uses, including 20 business, retail, residential, cultural, educational and other public and private uses; 21 22 WHEREAS, the Authority and the Developer have entered into an option 23 agreement dated as of June 5, 2000 (the "Option Agreement") setting forth the terms 24 and conditions by which the Developer can acquire Authority-owned land for the 25 Project (the "Option Land"); 26 27 WHEREAS, as set forth in the latest modification to the Option Agreement 28 dated March 31, 2015, the Developer's right to acquire the Option Land expires on 29 April 30, 2018, and prior to such acquisition, the Developer must present an 30 acceptable plan for development of the Option Land to the City Council and the 31 Authority; 32 33 WHEREAS, the Developer has requested an extension of time to acquire the 34 remaining Option Land to April 30, 2021; 35 36 WHEREAS, the Authority approved the extension of the Option Agreement at 37 its April 17, 2018 meeting, subject to approval by City Council; and 38 39 WHEREAS, City Council is of the opinion that the requested extension will 40 allow for the continued development of the Project to the benefit of the City. 41 42 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA; 44 45 That City Council approves the execution of a modification of the Town 46 Center of Virginia Beach Option Agreement between the City of Virginia Beach 47 Development Authority (the "Authority") and Town Center Associates, L.L.C., so long 48 as such modification is consistent with the Summary of Terms attached hereto as 49 Exhibit A, and made a part hereof, and such other terms, conditions or modifications 50 as may be acceptable to the City Manager and in a form deemed satisfactory by the 51 City Attorney. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t 54 day of May , 2018. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FOR City Attorney ` Economic Development CA14216 V::applications.citylawprodcycom32 WpdocsiD00613004.00000226.DOC R-1 April 23, 2018 EXHIBIT A SUMMARY OF TERMS TOWN CENTER OPTION AGREEMENT CURRENT TERMS: Owner: City of Virginia Beach Development Authority (the "Authority"). Option Holder: Town Center Associates, L.L.C. ("TCA"). Option Land: Block 2 (former Beacon Site) Option Fee: 1) Semi-annual fee equal to real estate taxes that would be payable if the Option Land was subject to taxation, and 2) Special fee equal to all of the Authority's costs associated with the acquisition and operation of Block 2. Purchase Price: Block 2: $4,792,735 Term of Option: Option must be exercised by April 30, 2018 Conditions of Exercise: TCA can only exercise option if: TCA has presented a plan for development of the Option Land to be acquired, which plan is acceptable to the Virginia Beach City Council ("City Council") and the Authority; PROPOSED MODIFICATION: Block 2: Term of Option extended by three years to April 30, 2021. 97 Item-VI--J.10a ORDINANCES/RESOLUTIONS ITEM#68060 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of city property known as: a. Lake Wesley at the rear of 504 Kerry Lane BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into a portion of city property known as Lake Wesley at the rear of 504 Kerry Lane The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachments 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 Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemni6), 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 Encroachments. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. 8. 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 Encroachments 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. May 1, 2018 98 Item -VI-J.IOa ORDINANCES/RESOLUTIONS ITEM#68060 (Continued) 9. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary • Encroachments 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 Encroachments; 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 Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of May, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 WESLEY, LOCATED AT THE REAR 8 OF 504 KERRY LANE 9 1 10 WHEREAS, Bruce C. Gottwald and Floyd D. Gottwald, Jr. (the "Applicants") 11 desire to maintain to maintain an existing wood ramp,wood pier, floating wood pier, wood 12 bulkhead, piles and riprap, and to construct and maintain wood piles into a portion of City 13 property known as Lake Wesley, located at the rear of 504 Kerry Lane, in the City of 14 Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 25 assigns and successors in title are authorized to maintain an existing wood ramp, wood 26 pier, floating wood pier, wood bulkhead, piles and riprap, and to construct and maintain 27 wood piles into a portion of City property known as Lake Wesley located at the rear of 504 28 Kerry Lane as shown on the map entitled: "EXHIBIT A ENCROACHMENT PLAT 29 SHOWING RIP-RAP, WOOD RAMP, WOOD PIER, FLOATING WOOD PIER & PILES 30 FOR: FLOYD D. GOTTWALD, JR. VIRGINIA BEACH,VIRGINIA", SCALE: 1" =40',dated 31 MAY 30, 2017, and prepared by Gallup Surveyors & Engineers, Ltd., a copy of which is 32 attached hereto as Exhibit A, and on file in the Department of Public Works, and to which 33 reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the agreement 37 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 38 copy of which has been presented to the Council in its agenda, and will be recorded among 39 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 1 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Applicants and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t 48 day of May , 2018. CA14004 R-1 PREPARED: 4/16/18 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d005\p027\00465254.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL OIE ' Y AND FORM: dlii . a _BLIC ' ORKS, REAL ESTATE LDA 1 A '. Al-MEYER SENIOR CITY ATTORNEY 2 PROPOSED WOOD PILES PROPOSED \ ,4, 4�ALTH OF P::14:- PROPOSED 'a- WOOD PILES p� LAKE WESLEY ' o o � D R UTLER '" NOW OR FORMERLY '4' •P rn P, . No. NI BAH d' - • (TYPICAL) 'J 38395 CITY OF VIRGINIA BEACH J ,1� �� D.B. 2020 P. 282 p.- • v, .. 5,30 \4, GPIN: 2427-20-6108 ,o• �- �' SScii S/ONAL EAG • rn .O • u+ • w - w 77 EX,RIP RAP EX r�:•--:t'•..�, WOOD PILES EX. �- •\ -•;'^ /• '"*0 • (. FLOAl1NG r. • i!.. ,TYPICAL) ��'��•--..ail-'- . .4'2'�� ." �"�r�;' ".`••". LOW WATER LINE WOOD PIER !06, I� ;\R..li pi-.r:•. •• WOOD .�v ��. �� • t '4x •� `PIER 4.1r0-7 = 51.52 'dL• = .: OM.B. 37 P. 11 EX. Ap,,... ' • 1• W N \ •i .t,,wOOD I� EX. 60 QS. r«.;;RAMP .�• WOOD S�//2 '4044,� • •./'• DECK !T ' 111 Z �j .� .;. �i III �� 0 4; . rr- �- . •00 �j i/VIII h :r..: `: •• �5 ,I 11) LOT 8 > ., p II > %.• p9 r.;':••,'•. -•'•1 :. EXISTING I� ' � Q �.� �: �� '': ' 1-1/2 STORY ‹ t?•. = w .i;• 0 FRAME RESIDENCE �1 ..z.1.' J .r� •`.: . ...EXISTING r' # 5� 111 II/ 6 O =� 1-1/2 STORY I I V': \� m cD FRAME GARAGE 1� Cr i' i;�; cls t. EX. WOOD i(. , (\/ C�:;' DECK OF OTHERS � - `26, • ....• • � '�ir.' ��.` •• ':c:.,EX NG E1E,.' �. LOT 9 ` NOW OR FORMERLY .`0 ••• 'DRIVEWAYS. k VI JAMES T. EILERTSEN �J 1, ;43 JANE K. EILERTSEN sz�oo Lt,'..$:9.2'` • ...>. o z lb. D.B. 3015 P. 1921 .y � • NOW OR FORMERLY �r o '%'.'•,. LOT 7 •' PIN(F) /r''� ' FLOYD D. GOTTWALD, JR. o M.B. 160 P. 18 J0 f ' �o MON(F) 0 r BRUCE C. GOTTWALD m �;•••t GPIN: 2426-29-3873 �`� 0 X11. D.B. 2232 P. 546 z ; D 5' U TLI TY & 1"6-,' LOT 8 dt 9 FnIn0:4 DRAINAGE T. . M.B. 160 P. 18 r;� • / EASEMENT ~ v GPIN: 2426-29-4857 'Atli M.B. 160 P. 18 -N` GPIN: .4)44.1 / 0-O /� Ss 492 rn - (4•5 438 /70 0 o I EXHIBIT A `' \,�� F ' 0' o ENCROACHMENT DRLE,F, / L=40.22' NOW OR FORMERLY /38 PLAT SHOWING R=40.00' GORDON R. D'ANGELO 00,, RIP-RAP, WOOD RAMP, WOOD PIER, LOT D.B. 3098 160 P. 3P618 J(T0,-,, v; •� 8�, FLOATING WOOD PIER & PILES FOR: FLOYD D. GOTTWALD, JR. GPIN: 2426-29-4761 VIRGINIA BEACH, VIRGINIA NOTES. 1. THIS PLAN WAS PERFORMED WITHOUT SCALE: 1" = 40' MAY 30, 2017 THE BENEFIT OF A TITLE REPORT. GALLOP 2. A 5' EASEMENT EXISTS ALONG & ADJACENT SURVEYORS & ENGINEERS, LTD. TO ALL SIDE AND REAR LOT LINES FOR THE 323 FIRST COLONIAL ROAD INSTALLATION & MAINTENANCE OF UTILITES & VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 DRAINAGE FACILITIES (M.B. 160 P. 18). \\Server\drawings\16\16-36 encr.dwg,4/19/2018 12:26:30 PM,1:40,JB 504 Kerry Road . ,____Ii.J: 2 HOltr Gll(AY lii +// / \)---- _ _ 110 M -( ,___ , _,._ ° SITE /,,,/:7 j/ ' rilll \ 1111111)- \t__\ _ Ilimma _lc,,, •ACE AVE - ) I II ,,,. ti--„.0 ______c_..„_. , /, ! 71 F 429 ki,j t ,- f ' mak,SV .. /#s � � � � pts ,{ .��:. �.: ,fit 04 a, +.n ,,,,,,'._., "004-TAA.1-- iii Crir, :jiiii---, Jcse arii_ F2, 1.1 n m PI LOCATION MAP ENCROACHMENT REQUEST Ilk_`�� z FOR BRUCE C. GOTTWALD& FLOYD D. GOTTWALD JR. Legend 4141 7111• !a504 KERRY LANE City Property -CROAT NRD V IC - GPIN 2426-29-4857 Feet 2426-29-4857 I �- 0 100 200 400 Prepared by PW/Enp./Enp.Support Services Bureau 0629/2017 X:\CADD\ProjectsARC FilesAGENDA MAPS\Kerry Lane U426-29-4857 am- it!", !�0 • -"'rte s-Y§, 14 _ $11, - L1 1 11 �1 wy 1 ^-sem !_L_ a Rear 504 Kerry Road GPIN: 2426-29-4857 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BRUCE C. GOTTWALD and FLOYD D. GOTTWALD, JR., THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lots 8 & 9" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 2-14 RESUBDIVISION OF PART OF CROATAN BEACH (MB 37 P 11) SCHOONER QUAY AT CROATAN LYNNHAVEN BOROUGH — VIRGINIA BEACH VIRGINIA", Scale: 1" = 40', dated December 11, 1981, and prepared by Basgier and Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 160, at page 18, and being further designated, known, and described as 504 Kerry Lane, Virginia Beach, Virginia 23451; and WHEREAS, it is proposed by the Grantee to maintain an existing wood ramp, wood pier, floating wood pier, wood bulkhead, piles and riprap and GPIN: 2427-30-6108-0000; (CITY PROPERTY KNOWN AS LAKE WESLEY) GPIN: 2427-29-4857-0000 & 2426-29-5830; (504 Kerry Lane) to construct and maintain wood piles, collectively the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley, located at the rear of 504 Kerry Lane, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 Encroachments. It is expressly understood and agreed that the Temporary Encroachments 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING RIP-RAP, WOOD RAMP, WOOD PIER, FLOATING WOOD PIER & PILES FOR: FLOYD D. GOTTWALD, JR. VIRGINIA BEACH, VIRGINIA", SCALE: 1" = 40', dated MAY 30, 2017, and prepared by Gallup Surveyors & Engineers, Ltd. a copy of which is attached hereto as Exhibit "A", and to which reference is made for a more particular description. 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 Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments 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 Encroachments. 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 Encroachments so as not to become unsightly or a hazard. 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 3 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 Encroachments. It is further expressly understood and agreed that the Temporary Encroachments 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 Encroachments 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 Encroachments 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 Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are 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, Bruce C. Gottwald and Floyd D. Gottwald, Jr., the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, 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 , 2018, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 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 , 2018, 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 , 2018, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By Jrt4,Ct v Bruce C. Gottwa d, Owner STATE OF ZL CITY/G0-6 Y O , to-wit: The foregoing instrument was acknowledged before me this /5-71-/—tday of ��liYc�v , 2018, by Bruce C. Gottwald. . ,41D .,_ 'SEAL) ot."Public \\\111111111,; .••�„NA.W. t,Q� "• . ••NOTARY.%- op . PUBLIC Notary Registration Number: 70 4o / 63 — REG#7040163 MY COMMISSION c-)o EXPIRES My Commission Expires: 611o/,20/ = - '• 6/30/2018 6/30/2018 o;:�A LTH,F,�• "111111111\\\ By , , ,(9ARZ,0 Floy.iI. Gottwald, Jr. , Owner STATE OF /SV i'k(a- �C T-iCOUNTY OF R,nprvlo A.c1 , to-wit: The foregoing instrument was acknowledged before me this lday of A4Q.rch , 2018, by of Floyd D. Gottwald, Jr. Not ry 1146lic Notary g )'/(, 7*/ MAGGIE A CAUTHORN Registration Number: ` /�" , Notary Public Commonwealth of Virginia My Commission Expires: .3/ 2020 Registration No 146746 ' 4 My Commission Expires May 31,2020 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM NA R DAN • R. ARMEYER SENIOR CITY ATTORNEY -Palk/i) 4id& DEPARTMENT 8 PROPOSED T WOOD PILES ', PROPOSED 4�,ALH OF D ',- WOOD PILES C). LAKE WESLEY 4. x `D o D R VIER '' NOW OR FORMERLY t' :P EX. e No. 9 CITY OF VIRGINIA BEACH ' �, --- . (TYPICAL) 3839_50;0g v D.B. 2020 P. 282 �- , �`SV-5 r.,\ GPIN: 2427-20-6108 ,o \ • .cc,-- S"ONAL E YV- \ •' i,+ • w LA " 6? Ex.RIP RAP EX. �_, ,• • •vim WOOD PILES EX. �' .\ _.smi' • 4;.•::1.144114 c0 (TYPICAL) FLOATING I►,.: ,4'2si _ �•t1.;•;�-�,- „ LOW WATER LINE • WOOD PIER WOOD rZt' �• ``PIER .,; ,,•� �- 51.52 \��..%;� ;� M.B. 37 P. 11 EX ZO:74St, \ iS•::� _ ,pprWOOD 0.1•flev10/' 6.3. �'� EX. Co Sys ';x,:,46, RAMP �'�: � � WOOD '5>(7-/2:S/2 '•�4!i':8;:),..t::;;' L /I r. Ail 1 DECK ' ii,\ ,'Z �' •sr- O- '�- �' L ;iSII II11°111 1111111111111111 • ,z o °° ;°'` ��=1 E \� %I ( LOT 8 110 � t •, �� Q w o ,a ``pp `' _..1 :. EXISTING � `0 '', J ` :; .O ,. 1-1/2 STORY Y = w %S..%•1. 00 FRAME RESIDENCE �1� g 2 J ./' EXISTING 1 504 ,'fl lip, DO OD 03 Ln =�. 0' , ...'';• .'' :'1-1/2 STORY' 1� CO cc; i'. '•r' FRAME GARAGE ��r\, • `CP'•,j,' 64:3 t EX. WOOD a" '..: :{ { OA. DECK OF .:o;;: OTHERS `sO. : h tog',• '•: t1 ��0 6 • ';CONc RETE'. '�''� . LOT 9 �. NOW OR FORMERLY 4 �J� DRIVEWAY;: \� . ;i JAMES T. EILERTSEN Jo _ :• •'% JANE K. EILERTSEN 1!�o .':`'LT: . :�2" o z a'%: D.B. 3015 P. 1921 .y L, - .� ..' NOW OR FORMERLY in o %%tip; LOT 7 •PIN(F) /P�.�o FLOYD D. GOTTWALD, JR. _o ,�;.i M.B. 160 P. 18 BRUCE C. GOTTWALD m MON(F) 0�' \ 11 -P .r'it, GPIN: 2426-29-3873 ,`\•/ .� D.B. 2232 P. 546 5' U TLI TY & �' / ,� LOT 8 & 9 ----41. DRAINAGE / v' M.B. 160 P. 18 ;��,'; EASEMENT GPIN: 2426-29-4857 tf.,,,,t.;, ;y� M.B. 160 P. 18 / �' GPIN: 2426-29-5830 / �� 0 - -1 S 49<91t38, �� o ifr EXHIBIT A - " v,ti e Q20, o% ' DRILL L=40.22' NOW OR FORMERLY r,; ENCROACHMENT HOLE(F) / /38 R=40.00' GORDON R. D ANGELO 00' PLAT SHOWING / LOTD.B. 3098 P. 346 (41(101 • ,• RIP-RAP, WOOD RAMP, WOOD PIER, FLOATING WOOD PIER & PILES M.B. 160 P. 18 '`• �-80' FOR: FLOYD D. GOTTWALD, JR. GPIN: 2426-29-4761 VIRGINIA BEACH, VIRGINIA NOTES: SCALE: 1" = 40' MAY 30, 2017 1 THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. GALLOP 2. A 5' EASEMENT EXISTS ALONG & ADJACENT SURVEYORS & ENGINEERS, LTD. TO ALL SIDE AND REAR LOT LINES FOR THE 323 FIRST COLONIAL ROAD INSTALLATION & MAINTENANCE OF UTILITES & VIRGINIA BEACH, VIRGINIA 23454 DRAINAGE FACILITIES (M.B. 160 P. 18). (757)428-8132 \\Server\drawings\16\16-36 encr.dwg,4/19/2018 12:26:30 PM,1:40,JB 99 Item-VI-J.10b ORDINANCES/RESOLUTIONS ITEM#68061 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of city property known as: b. North Bay at the rear of 353 Back Bay Crescent BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into a portion of city property known as North Bay at the rear of 353 Back Bay Crescent 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 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. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. 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. May 1, 2018 100 Item -VI-J.10b ORDINANCES/RESOLUTIONS ITEM#68061 (Continued) 8. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 9. 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. 10. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied 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. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY'S 6 25' STRIP OF PROPERTY KNOWN 7 AS NORTH BAY LOCATED AT THE 8 REAR OF 353 BACK BAY 9 CRESCENT 10 11 WHEREAS, Edward S. Martin, Jr. and Margaret R. Martin desire to construct 12 and maintain a proposed boat lift and two (2) piles within the City's 25' strip of property 13 known as North Bay located at the rear of 353 Back Bay Crescent (the "Temporary 14 Encroachment"); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Edward S. Martin, Jr. , Margaret 25 R. Martin, and their assigns and successors in title are authorized to construct and 26 maintain a proposed boatlift in the City's property known as North Bay as shown on the 27 map entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF BOAT LIFT IN NORTH 28 BAY,"dated July 7, 2017 and prepared by Marine Engineering, a copy of which is attached 29 hereto as Exhibit"A", and on file in the Department of Public Works and to which reference 30 is made for a more particular description; 31 32 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 33 subject to those terms, conditions and criteria contained in the agreement between the City 34 of Virginia Beach and Edward S. Martin, Jr. and Margaret R. Martin (the "Agreement"), an 35 unexecuted copy of which has been presented to the Council in its agenda, and will be 36 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 37 Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Edward S. Martin, Jr. and Margaret R. Martin and the City Manager or his 44 authorized designee execute the Agreement. 1 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1s t 46 day of May , 2018. CA14186 R-1 PREPARED: 01/11/18 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d 002\p025\00443278.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 4d -- PUBLIC WORKS, REAL ESTATE DANA -. ARMEYER SENIOR CITY ATTORNEY 2 PIN(F) ✓►r • \ i . o)9 PROPERTY LME ol- BACK BAY MEADOWS SEC 3 LOT 54 '$ 9�' N/F HENRY E RICHESON ' �by� �,p� 357 BACK BAY CRESCENT GP14:24332248950000 J.. .1..% MB 67 PG 45 (�2 5� err �,r a �ss �e / PIN(F)i . OTHERS BIAKHEAO • &ACK BAY MEADOWS SEC 3 LOT 53 N/F EDWARD S MARTIN JR OpP� 353 BACK BAY CRESCENT GPIN:24332257580600 \ � MB 67 PG 45 M353 \ PROPERTY LINE \ `.17b." DECK PROPERTY LINE- ) NORMAL WATER LEVEL /•� \1. 24 AT BULKHEAD ' _ a`� BACK BAY MEADOWS SEC 3 LOT 52 . \ `�cf5 349N/F WILLBAC BAY `?i. EXISTING BULKHEAD 349 BACK BAV CRESCENT ,Oh / GPM:24332267210000 q,F.i_. 'h�, MB 67 PG a5 43T �`�9'{4 / - TO ..._ .VA,�i^ `\ MARSH 9�,0' $Tb tr S -OTHERS BULKHEAD ti ,l �� LTH Op G PROPOSED BOAT UFT /, O'� r� D -rJ` 2 PILES ENCROACH 4'� ONTO CITY PROPERTY 25 v+' 9/_ 0o DAVID KLEDZIK a 1C 0 10' 20' 40' yo, LIC. No. 034674 ?' 'C/3/20" / ^" SCALE:1"=30' O c' S"ONAL EXHIBIT A PREPARED BY: APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT MARINE ENGINEERING 4212 DOUGHERTY CT EDWARD S MARTIN JR OF VIRGINIA BEACH, VA 23455 353 BACK BAY CRESCENT BOAT LIFT VIRGINIA BEACH, VA 23456 IN SHEET 1 OF 1 NORTH BAY DATE: JULY 7, 2017 Pi Z 4+cr. \ Q `r c. w \ v' -t u) Q Z ' -- C� rg V co a wQN ^ § cegwu, / F V N ,✓ Uz CV 2ZYc�y o V H O Q V ? o Z 5 _1p § Qa "' CC Z to 6 o a (-----ii ?- ! w fa `___ - O U c a 0.a el-3 -..1 / W V I \ T'J Em uV o , a N In 10 O CO 1. 0o d Z.v UM r, w d o C 1.11 9E.Rf`9 N g o N W M It CV � � EL r C N 0 EZ 01 1 _ I Z f } 3 C � � H T Y + - t '-moi .10 Li CO• Q 4 ,(4 , , N W CU Ce Ce 0 , 1 '< W ell Y V A 41 O CO '. 4, v M . a ill M 9, �, ,�-� °fie\'' .t �i PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this p day of 74fir L , 201 g , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Edward S. MARTIN, Jr. and Margaret R. MARTIN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 53"; as shown on that certain plat entitled: Section 3 BACK BAY MEADOWS, PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA," dated July 16, 1964, prepared by W.B. Gallop, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 353 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed boat lift and two (2) piles (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 the City's 25' GPIN: 2433-27-3415 -CITY PROPERTY-352 TUNA LANE KNOWN AS NORTH BAY GPIN: 2433-22-5758-353 BACK BAY CRESCENT strip of property known as North Bay located at 352 Tuna Lane the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF BOAT LIFT IN NORTH BAY" dated July 2017 and prepared by Marine Engineering, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee 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. 3 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, Edward S. Martin, Jr. and Margaret R. Martin, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its 4 name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By A/ Edward S. Martin, Jr., Owner By Margaret Martin, Owner STATE OF v1 eIA/09- CITY/COUNTY OF Vig6,N/A MAC/74, to-wit: The foregoing instrument was acknowledged before me this 1 Co"H day rgt8i2-tth-R-Y , 201 g, by Edward S. Martin, Jr. // / SEAL) ota Public Notary Registration Number: 7(et 7(062 q CHRISTOPHER K.ARTHUR NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31,2018 My Commission Expires: _lit l,? 3 a eD COMMISSION#7617664 STATE OF Vtr9'`"- CITY/COUNTY OF V►rgin.k a, 1 ecC' -, to-wit: The foregoing instrument was acknowledged before me this day of ��r I , 201 g , by Margaret R. Martin. n419:Lue- sefA (SEAL) Notary Public Notary Registration Number: 8 S 5 4 WI My Commission Expires: q )80)&0163 Michelle L Reitz Commonwealth of Virginia Notary Public • T .„, Commission No.335469 ` My Commission Expires 09/30/2019 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE _ DSA R. AR EYER, SENIOR CITY ATTORNEY - 1-63 DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 PIN(E) \1 / \ PROPERTY • • LNE �'� 19- BACK BAY MEADOWS SEC 3 LOT 54 ',27NIP HENRY E RICHESON ' 9i- 357 BACK BAY CRESCENT , �� GPN:2433224095O0)3 / 'S CI MB 67 PG 45 F2 �. •4 I SIa � ,Nr f r / \\\v."' k° PN(F)!" / OTHERS BULKHEAD • / SACK BAY MEADOWS SEC 3 LOT 53 ' / NF EDWARD S MARTIN JR �9� 353 BACK BAY CRESCENT ,.`E GM;24332257550000 _ '® , MB 07 PG 45 ,, \ . \. " \` j' PROPERTY LINE • \ DECK _. ._ PROPERTYLNE-2' 1 •NORMAL WATER LEVEL /\ `\. 5F' AT BULKHEAD 'P_ '4:.‘ _d5 `� BACK BAY MEADOWS SEC 3 LOT 52 NIP MAWG BRUCE &d. , EXISTING BULKHEAD •:‘ 349 BACK BAY CRESCENT ,�. \ GPM:24332267210000 Qo ,- \ MB67PG45 43T u��`,`�F+��,;`,Tf / MARSH "P�o"IFi q . 5' \- -OTHERS BULKHEAD 1- / ' HOff, (,A PROPOSED BOAT LIFT '� f -r". 2 PILES ENCROACH /` O �// 4, ONTO CITY PROPERTY 25' 4' A ,n „.�r 9� / 00 DAVID (YicC�7D"GZ^� Z. a ,o a ,0 20 .o •� Lic. No. 034674 ,p0 'C/3/70' I SCALE:r=38 S�ONAL EXHIBIT A PREPARED BY: APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT MARINE ENGINEERING 4212 DOUGHERTY CT EDWARD S MARTIN JR OF VIRGINIA BEACH, VA 23455 353 BACK BAY CRESCENT BOAT LIFT SHEET 1 OF 1 VIRGINIA BEACH, VA 23456 IN NORTH BAY DATE: JULY 7, 2017 101 Item -VI-J.11 ORDINANCES/RESOLUTIONS ITEM#68062 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE the Memorandum of Agreement (MOA) re ESTABLISH the Hampton Roads Regional Storm water Management Program between the City and the Hampton Roads Planning District Commission (HRPD C) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE THE 3 MEMORANDUM OF AGREEMENT ESTABLISHING 4 THE HAMPTON ROADS REGIONAL STORMWATER 5 MANAGEMENT PROGRAM BETWEEN THE CITY OF 6 VIRGINIA BEACH AND THE HAMPTON ROADS 7 PLANNING DISTRICT COMMISSION 8 9 WHEREAS, The City of Virginia Beach has worked cooperatively within the 10 region through the Hampton Roads Planning District on stormwater management issues 11 since 1996 12 13 WHEREAS, such cooperative work was accomplished through the Hampton 14 Roads Planning District Commission (HRPDC) and eighteen (18) neighboring localities; 15 and 16 17 WHEREAS, such cooperation has been extremely beneficial to the City of 18 Virginia Beach ("City") allowing for the reduction of duplication, allowing HRPDC to 19 provide technical assistance, promoting consistent programs across the region, and 20 allowing Hampton Roads cities to speak with a larger voice to regulators; and 21 22 WHEREAS, the HRPDC and the City wish to enter into a Memorandum of 23 Agreement ("MOA") to continue the Hampton Roads Regional Stormwater Management 24 Program. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA, THAT: 28 29 The City Manager is hereby authorized and directed to execute a MOA between 30 the City and the HRPDC to provide for the continuation of the Hampton Roads Regional 31 Stormwater Management Program. Incorporated herein is a summary of material terms 32 of the MOA and the Agreement itself. 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Afej Mark Johns n B. Kay ilson Interim Director of Public Works Office of the City Attorney CA14357 R-1 April 6, 2018 SUMMARY OF MATERIAL TERMS HAMPTON ROADS REGIONAL STORMWATER MANAGEMENT PROGRAM MEMORANDUM OF AGREEMENT PARTIES HAMPTON ROADS PLANNING DISTRICT COMMISSION ("HRPDC") CITY OF VIRGINIA BEACH (the "City") The Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Williamsburg and the Counties of Gloucester, Isle of Wight,James City, Southampton, Surry, York, and the Towns of Smithfield, Windsor will also sign Agreements with HRPDC. PURPOSE Address issues arising from Virginia stormwater management regulations by using regional goals to guide the operation of signatories' stormwater management programs. TERM Expires June 30, 2023. COST Pro-rata cost, plus extra services based upon formula (estimated $114,875 first year, subject to appropriation). DUTIES HRPDC: • Provide technical support and policy analysis related to stormwater and water quality issues to local government staff. • Provide the necessary administrative, technical and clerical resources to support program activities in order to ensure that the MS4 permit-holding cities and counties meet applicable stormwater management requirements. • Prepare an annual work program and budget for the Hampton Roads Regional Stormwater Management Program. The annual work program will be incorporated into the HRPDC Unified Planning Work Program and the annual budget will be incorporated into the HRPDC budget. • Assist the signatories in coordinating reporting on stormwater related activities to other state and federal agencies to ensure that program requirements are met in a cost-effective manner, which minimizes duplicative reporting and the administrative burden on the signatories. • Conduct a regional stormwater education program.This will include public education activities and may include outreach to specific economic sectors and groups. The stormwater education subcommittee of askHRGreen.org will be responsible for guiding the development of original materials, including publications, media advertising and promotional items. This may also include development of locality-specific materials or coordination of bulk purchases. The stormwater education subcommittee of askHRGreen.org will coordinate with HRPDC staff on the educational and outreach components of the Hampton Roads Regional Stormwater Management Program. • Develop and conduct a regional training program for municipal employees, contractors, civic leaders and other interested parties. The training program will emphasize stormwater management, pollution prevention and permit issues. • Respond equitably and in a timely fashion to requests from all signatory local governments for technical assistance.The time frame for responses will be based on experience, the complexity of individual requests and the overall work load of program staff. • Provide other technical support, as requested, to the signatory local governments. • Upon request from one or more participating localities, conduct technical studies to support compliance by the localities with MS4 permit requirements and VSMP program requirements. • Facilitate development of multi-jurisdictional management plans for shared watersheds, as requested. • Take steps, in conjunction with the signatory local governments,to obtain financial support for program activities from outside sources, including state,federal and private grants,to the extent that this may be accomplished without creating a conflict of interest, as determined by the signatory local governments. • Contract with and manage consultants, including both private firms and academic institutions, to support the regional program, including provision of requested services to local governments in excess of the common program elements. • Represent the Hampton Roads Regional Stormwater Management Program at federal, state, regional and local governmental, civic, professional and political organizations, agencies, and committees. • Provide technical and administrative support, as appropriate,to those localities that are required to develop stormwater management programs to meet VSMP requirements, but that are not required to obtain MS4 permits for their stormwater discharges. • Prepare annual program reports, or components thereof,which comply with the provisions of the MS4 permits and stormwater management programs of the signatory localities. • Facilitate local government involvement in TMDL studies being prepared through the Virginia Department of Environmental Quality and EPA and facilitate preparation of TMDL Implementation Plans for impaired waters in the Hampton Roads Region as requested. • Prepare an annual report of activities undertaken through the Hampton Roads Stormwater Management Program.This report will include summaries of related activities undertaken on a cooperative basis by the signatories. • Identify state and federal regulatory actions that may affect local government stormwater programs, serve on regulatory advisory panels (RAPs) as necessary, conduct policy analysis, and develop policy recommendations on behalf of the HRPDC. • Coordinate the compilation of regional data for MS4 permit annual reports to the appropriate regulatory authority. LOCAL GOVERNMENT: • Appoint one voting member and alternates, as appropriate, to the Regional Environmental Advisory Committee to represent the local government stormwater and water quality related concerns.Generally,the voting representative should be the MS4 permit or program administrator. • Appoint a representative and alternates, as appropriate,to the stormwater education subcommittee of askHRGreen.org. • Provide, in a timely fashion, all locally generated data required by their MS4 permits and such other data as may be necessary to accomplish locally requested services. • Provide timely technical review of HRPDC analyses and conclusions. • Participate in regional efforts to conduct public outreach and education activities in regard to the state's TMDL study process and efforts to develop TMDL Implementation Plans for impaired waters lying within the locality or within watersheds that include the locality. • Provide input on regulatory issues to HRPDC staff and serve on RAPs or provide input to the regional RAP representative as appropriate. • Support HRPDC efforts to obtain additional funding to support the regional programs, to the extent that this may be accomplished without creating a conflict of interest, as determined by the signatory local governments. • Provide annual funding to support the agreed-upon regional program. MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL STORMWATER MANAGEMENT PROGRAM WHEREAS, Section 15.2-4200 of the Code of Virginia enables local governments to establish Planning District Commissions; and WHEREAS, the eighteen local governments that are signatories to this Agreement have acted, in accordance with Section 15.2-4200 of the Code of Virginia, to establish the Hampton Roads Planning District Commission (HRPDC); and WHEREAS, the HRPDC has been requested and has undertaken various studies to support local government stormwater management programs, including compliance with Virginia Stormwater Management Program (VSMP) Municipal Separate Storm Sewer (MS4) Permits; and WHEREAS, the signatory local governments have requested the HRPDC to administer and coordinate a regional stormwater management program; and WHEREAS, pursuant to the Clean Water Act, the U.S. Environmental Protection Agency (EPA) has promulgated implementing regulations, 40 Code of Federal Regulations Part 122, which established the National Pollutant Discharge Elimination System (NPDES) Permits for Municipal Separate Storm Sewer System (MS4) Discharges; and WHEREAS, pursuant to the Virginia Stormwater Management Act, 62.1-44.15, et. seq. of the Code of Virginia, 1950 As Amended, the Board of Soil and Water Conservation has promulgated implementing regulations 4 VAC 50-60, et. seq., which establish the requirements that localities obtain permits for their MS4 discharges; and, WHEREAS, the majority of the eighteen signatory local governments are required by their MS4 permits to conduct certain activities, including reporting on their discharges, conducting public information and education programs, and certain other activities; and WHEREAS, the Water Quality Monitoring and Reporting Act and implementing regulations promulgated by the State Water Control Board establish requirements for the preparation of Total Maximum Daily Load (TMDL) Implementation Plans, which apply to activities conducted by localities in general as well as activities conducted in implementing MS4 permit requirements; and, WHEREAS, the Chesapeake Bay Preservation Act and the Virginia Erosion and Sediment Control Law and implementing regulations also establish stormwater management requirements that govern one or more of the eighteen signatory local governments; and, WHEREAS, sixteen local governments and the HRPDC executed the Memorandum of Agreement Establishing the Hampton Roads Regional Stormwater Management Revised September 10, 2017 1 Program on September 5, 2003 and that Agreement expired on December 31, 2007; and, WHEREAS, eighteen local governments and the HRPDC executed the Memorandum of Agreement Establishing the Hampton Roads Regional Stormwater Management Program on March 6, 2008 and that Agreement expires on June 30, 2013, and WHEREAS, eighteen local governments and the HRPDC executed the Memorandum of Agreement Establishing the Hampton Roads Regional Stormwater Management Program on July 1, 2013 and that Agreement expires on June 30, 2018. NOW THEREFORE, the signatory parties enter into the following Agreement. This Memorandum of Agreement entered into this first day of July 2018, among and between the eighteen local governments in Hampton Roads and the HRPDC, establishes and maintains the Hampton Roads Regional Stormwater Management Program. BASIC PREMISES All local governments in Hampton Roads operate stormwater management programs. The Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and Virginia Beach received VPDES Permits in 1996. Those permits, which were renewed in 2001, govern the discharges from their MS4s to waters of the state and impose certain operational and reporting requirements on those systems. In 2005, these permits were converted to VSMP permits. These permits must be renewed on a five (5) year basis and the localities applied for renewed permits in 2005. Localities operated programs under administratively continued permits until June 30, 2016. The new permit became effective on July 1, 2016. The Cities of Poquoson, Suffolk and Williamsburg and the Counties of Gloucester, Isle of Wight, James City, and York were all identified by the EPA as requiring VPDES permits under Phase II of the MS4 regulations. Those localities that operate MS4s obtained VPDES permits in March 2003. Those permits also imposed certain operational and reporting requirements on those systems. In 2005, these permits were converted to VSMP permits. These permits must be renewed on a five (5) year basis with the next renewal planned for 2013. It was determined that permit coverage for Isle of Wight County was not required, and the County Phase II MS4 Permit was terminated on April 15, 2016. Although Gloucester County was initially identified by the EPA as requiring a Phase II MS4 permit, it was subsequently determined that permit coverage for Gloucester County was not required. The City of Franklin, the Counties of Gloucester, Isle of Wight, Southampton and Surry and the Towns of Smithfield and Windsor are governed by stormwater management Revised September 10, 2017 2 requirements established under the Virginia Stormwater Management Act and the Virginia Erosion and Sediment Control Law. The Chesapeake Bay Preservation Act also governs Gloucester and Surry Counties and the Towns of Smithfield and Windsor. As of July 1, 2014, all localities have implemented stormwater management programs that meet the minimum requirements established in the Virginia Stormwater Management Act. The Virginia Stormwater Management Act imposes operational and reporting requirements on all localities that are required to implement stormwater management programs. The local governments are interested in managing stormwater in a manner which protects and does not degrade waters of the state and which meets locally established quality of life goals and objectives. The Clean Water Act and the VSMP require that stormwater quantity and quality be managed to the maximum extent practicable. In carrying out their stormwater management responsibilities, the aforementioned local governments have developed a consensus on regional goals to guide the operation of their stormwater management programs. Initially, approved by the HRPDC at its Executive Committee Meeting of September 15, 1999, they are: 1 . Manage stormwater quantity and quality to the maximum extent practicable (MEP) • Implement best management practices (BMP) and retrofit flood control projects to provide water quality benefits. • Support site planning and plan review activities. • Manage pesticide, herbicide and fertilizer applications. 2. Implement public information activities to increase citizen awareness and support for the program. 3. Meet the following needs of citizens: • Address flooding and drainage problems. • Maintain the stormwater infrastructure. • Protect waterways. • Provide the appropriate funding for the program. 4. Implement cost-effective and flexible program components. 5. Satisfy MS4 stormwater permit requirements: • Enhance erosion and sedimentation control. • Manage illicit discharges, spill response, and remediation. This Agreement establishes the administrative framework, which will be used by the local governments in Hampton Roads to address certain stormwater management Revised September 10, 2017 3 requirements under the above-cited state and federal laws and regulations. Eighteen local governments in the Hampton Roads Region will be participants in and signatories to the Agreement. HRPDC RESPONSIBILITIES Under the terms of this Agreement, the HRPDC staff is responsible for the following: • Provide technical support and policy analysis related to stormwater and water quality issues to local government staff. • Provide the necessary administrative, technical and clerical resources to support program activities in order to ensure that the MS4 permit-holding cities and counties meet applicable stormwater management requirements. • Prepare an annual work program and budget for the Hampton Roads Regional Stormwater Management Program. The annual work program will be incorporated into the HRPDC Unified Planning Work Program and the annual budget will be incorporated into the HRPDC budget. • Assist the signatories in coordinating reporting on stormwater related activities to other state and federal agencies to ensure that program requirements are met in a cost-effective manner, which minimizes duplicative reporting and the administrative burden on the signatories. • Conduct a regional stormwater education program. This will include public education activities and may include outreach to specific economic sectors and groups. The stormwater education subcommittee of askHRGreen.org will be responsible for guiding the development of original materials, including publications, media advertising and promotional items. This may also include development of locality-specific materials or coordination of bulk purchases. The stormwater education subcommittee of askHRGreen.org will coordinate with HRPDC staff on the educational and outreach components of the Hampton Roads Regional Stormwater Management Program. • Develop and conduct a regional training program for municipal employees, contractors, civic leaders and other interested parties. The training program will emphasize stormwater management, pollution prevention and permit issues. • Respond equitably and in a timely fashion to requests from all signatory local governments for technical assistance. The time frame for responses will be based on experience, the complexity of individual requests and the overall work load of program staff. • Provide other technical support, as requested, to the signatory local Revised September 10, 2017 4 governments. • Upon request from one or more participating localities, conduct technical studies to support compliance by the localities with MS4 permit requirements and VSMP program requirements. • Facilitate development of multi-jurisdictional management plans for shared watersheds, as requested. • Take steps, in conjunction with the signatory local governments, to obtain financial support for program activities from outside sources, including state, federal and private grants, to the extent that this may be accomplished without creating a conflict of interest, as determined by the signatory local governments. • Contract with and manage consultants, including both private firms and academic institutions, to support the regional program, including provision of requested services to local governments in excess of the common program elements. • Represent the Hampton Roads Regional Stormwater Management Program at federal, state, regional and local governmental, civic, professional and political organizations, agencies, and committees. • Provide technical and administrative support, as appropriate, to those localities that are required to develop stormwater management programs to meet VSMP requirements, but that are not required to obtain MS4 permits for their stormwater discharges. • Prepare annual program reports, or components thereof, which comply with the provisions of the MS4 permits and stormwater management programs of the signatory localities. • Facilitate local government involvement in TMDL studies being prepared through the Virginia Department of Environmental Quality and EPA and facilitate preparation of TMDL Implementation Plans for impaired waters in the Hampton Roads Region as requested. • Prepare an annual report of activities undertaken through the Hampton Roads Stormwater Management Program. This report will include summaries of related activities undertaken on a cooperative basis by the signatories. • Identify state and federal regulatory actions that may affect local government stormwater programs, serve on regulatory advisory panels (RAPs) as necessary, conduct policy analysis, and develop policy recommendations on behalf of the HRPDC. • Coordinate the compilation of regional data for MS4 permit annual reports to the appropriate regulatory authority Revised September 10, 2017 5 LOCAL GOVERNMENT RESPONSIBILITIES Under the terms of the Agreement, the signatory local governments are responsible for the following: • Appoint one voting member and alternates, as appropriate, to the Regional Environmental Advisory Committee to represent the local government stormwater and water quality related concerns. Generally, the voting representative should be the MS4 permit or program administrator. • Appoint a representative and alternates, as appropriate, to the stormwater education subcommittee of askHRGreen.org. • Provide, in a timely fashion, all locally generated data required by their MS4 permits and such other data as may be necessary to accomplish locally requested services. • Provide timely technical review of HRPDC analyses and conclusions. • Participate in regional efforts to conduct public outreach and education activities in regard to the state's TMDL study process and efforts to develop TMDL Implementation Plans for impaired waters lying within the locality or within watersheds that include the locality. • Provide input on regulatory issues to HRPDC staff and serve on RAPs or provide input to the regional RAP representative as appropriate. • Support HRPDC efforts to obtain additional funding to support the regional programs, to the extent that this may be accomplished without creating a conflict of interest, as determined by the signatory local governments. • Provide annual funding to support the agreed-upon regional program. METHOD OF FINANCING The majority of program costs will be allocated according to a formula reflecting each locality's share of the regional population. Costs for additional projects or services will be allocated based on a formula developed by the HRPDC staff and approved by the HRPDC with the concurrence of the signatory local governments. For example, legal services have been split between the localities with MS4 permits and the maintenance costs for the regional online BMP database have been split by the subset of localities still using the system. Revised September 10, 2017 6 AVAILABILITY OF FUNDS Performance by the HRPDC of its responsibilities under this Agreement is subject to the availability of funding from the signatory local governments. Failure of the local governments to provide the necessary funding to support these activities will constitute a Notice to Modify or Terminate the Agreement. MODIFICATIONS Modifications to this Memorandum of Agreement must be submitted in writing, approved by the HRPDC, and accepted by all signatories. DURATION AND TERMINATION This Agreement will have a term of five years, extending from the date of full execution of the renewed Agreement by the signatories or June 30, 2018, whichever occurs last through June 30, 2023. To conform to local government charter and Virginia Code requirements, the funding provisions of this Agreement will be subject to annual appropriations. No later than January 1, 2023, the signatories will institute a formal reevaluation of the Hampton Roads Regional Stormwater Management Program. This reevaluation will serve as the basis for appropriate modification of the Agreement and the Hampton Roads Regional Stormwater Management Program. Any signatory may terminate its participation in the Hampton Roads Regional Stormwater Management Program by written Notice To Terminate to all other parties. Such termination will be effective with the start of the following Fiscal Year. Depending upon the terms of individual VSMP permits, termination of participation in the Hampton Roads Regional Stormwater Management Program in the middle of a permit term may result in changes to permit conditions and require renegotiation of the individual locality's VSMP permit from the state (Virginia Department of Environmental Quality). OWNERSHIP OF PROPERTY It is not the intent of the signatories that the Memorandum of Agreement will result in the purchase, ownership, leasing, holding or conveying of any real property. INDEMNITY It is the intent of the signatories that no signatory will be held liable for any damage or associated penalties caused by or associated with the failure of any other signatory to discharge its duties or to exercise due diligence in discharging its duties under this Agreement, and that no signatory, by entering this Agreement, waives any defenses or immunities available to it at law, including, but not limited to, those set forth in Section 15.2-970 of the Code of Virginia. It is the intent of the signatories that no signatory will be held liable for any damage or Revised September 10, 2017 7 associated penalties caused by or associated with the failure of any other signatory to comply with the terms and conditions of the signatory's VSMP permit. Revised September 10, 2017 8 LIST OF SIGNATORIES Signature pages will be signed in counterparts. CITY OF CHESAPEAKE CITY OF FRANKLIN GLOUCESTER COUNTY CITY OF HAMPTON ISLE OF WIGHT COUNTY JAMES CITY COUNTY CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF POQUOSON CITY OF PORTSMOUTH SOUTHAMPTON COUNTY CITY OF SUFFOLK SURRY COUNTY CITY OF VIRGINIA BEACH CITY OF WILLIAMSBURG YORK COUNTY TOWN OF SMITHFIELD TOWN OF WINDSOR HAMPTON ROADS PLANNING DISTRICT COMMISSION This listing of participants will be followed by individual signature pages. Revised September 10, 2017 9 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF CHESAPEAKE By: Date: Date: Attest: Revised September 10, 2017 10 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF FRANKLIN By: Date: Date: Attest: Revised September 10, 2017 11 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. GLOUCESTER COUNTY By: Date: Date: Attest: Revised September 10, 2017 12 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF HAMPTON By: Date: Date: Attest: Revised September 10, 2017 13 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. ISLE OF WIGHT COUNTY By: Date: Date: Attest: Revised September 10, 2017 14 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. JAMES CITY COUNTY By: Date: Date: Attest: Revised September 10, 2017 15 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF NEWPORT NEWS By: Date: Date: Attest: Revised September 10, 2017 16 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF NORFOLK By: Date: Date: Attest: Revised September 10, 2017 17 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF POQUOSON By: Date: Date: Attest: Revised September 10, 2017 18 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF PORTSMOUTH By: Date: Date: Attest: Revised September 10, 2017 19 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. SOUTHAMPTON COUNTY By: Date: Date: Attest: Revised September 10, 2017 20 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF SUFFOLK By: Date: Date: Attest: Revised September 10, 2017 21 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. SURRY COUNTY By: Date: Date: Attest: Revised September 10, 2017 22 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: APPROVED AS TO LEGAL SUFFICIENCY, • '_ City Attorney's Office AcRQrocrtici i ecci,cj `mow t,,6 Revised September 10, 2017 23 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF WILLIAMSBURG By: Date: Date: Attest: Revised September 10, 2017 24 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. YORK COUNTY By: Date: Date: Attest: • Revised September 10, 2017 25 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. TOWN OF SMITHFIELD By: Date: Date: Attest: Revised September 10, 2017 26 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. TOWN OF WINDSOR By: Date: Date: Attest: Revised September 10, 2017 27 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. HAMPTON ROADS PLANNING DISTRICT COMMISSION By: Date: Date: Attest: Revised September 10, 2017 28 102 Item-VI-J.12a ORDINANCES/RESOLUTIONS ITEM#68063 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT,Resolution to REQUEST the Virginia Department of Transportation (VDOT) to accept: a. Additional Streets for Urban Maintenance Payments Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 1.40 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of May , 2018. /kA PPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Phillip Koet -r Dana armeyer Department • "ublic Works City Attorney's Office CA14361 R-1 April 17, 2018 City of Virginia Beach Exhibit A - New Streets Public Works/Operations Street Type STREET FROM TO LANE MILES LOCAL BATTERSEA CT KNIGHTS BRIDGE LA E CUL-DE-SAC 0.24 LOCAL BROCK CT DANIEL SMITH RD N CUL-DE-SAC 0.04 LOCAL CHLOE LA CHILDERIC RD E CUL-DE-SAC 0.22 LOCAL EAGLE COVE TRL INDIAN RIVER RD(WB) N CUL-DE-SAC 0.14 LOCAL GIBSON COVE PL EAGLE COVE TRL W CUL-DE-SAC 0.36 LOCAL VINCE RD ELLIOTT RD W CUL DE SAC 0.40 Total Lane Miles of LOCAL streets: 1.40 Total Lane Miles of New Street: 1.40 Thursday,January 25,2018 Page 1 of 1 103 Item -VI-J.12b ORDINANCES/RESOLUTIONS ITEM#68064 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to REQUEST the Virginia Department of Transportation (VDOT) to accept: b. Corrections/Deletions to the Road Inventory for Urban Maintenance Payments Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 CORRECTIONS/DELETIONS TO THE ROAD 4 INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached); resulting in a net increase of 0.84 (Local/Collector) lane miles. 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved corrections. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That City Council hereby requests the Virginia Department of Transportation to 25 accept the corrections listed on Exhibit B, attached hereto and incorporated by 26 reference, and to begin paying urban maintenance payments to the City of Virginia 27 Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day of May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Arm illip Koett: r Dana .r eyer Department • -ublic Works City Attorney's Office CA14360 R-1 April 17, 2018 Exhibit B City of Virginia Beach - Changes Public Works/Operations Additions/Replaced deletions Street Type STREET FROM TO LANE MILES LOCAL BORDER WY S CUL DE SAC TARTAN TL 0.94 LOCAL COURSE VIEW CI CHIPPING LA CUL DE SAC 0.80 Total Lane Miles of LOCAL streets: 1.74 Total Lane Miles of Additions/Replaced deletions: 1.74 Deletions/To be replaced Street Type STREET FROM TO LANE MILES LOCAL BORDER WY S DEAD END TARTAN TL -0.70 LOCAL COURSE VIEW CI CHIPPING LA CUL-DE-SAC -0.20 Total Lane Miles of LOCAL streets: -0.90 Total Lane Miles of Deletions/To be replaced : -0.90 Thursday,January 25,2018 Page 1 of 1 104 Item -VI-J.13 ORDINANCES/RESOLUTIONS ITEM#68065 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AFFIRM COMMITMENT to fund the local share of Revenue Sharing Projects with the Virginia Department of Transportation (VDOT) under the Programmatic Project Administration Agreement and AUTHORIZE the City Manager to enter into any necessary agreements for project development Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 A RESOLUTION TO AFFIRM COMMITMENT TO FUND 2 THE LOCAL SHARE OF REVENUE SHARING PROJECTS 3 UNDER A NEW PROGRAMMATIC PROJECT 4 ADMINISTRATION AGREEMENT WITH THE VIRGINIA 5 DEPARTMENT OF TRANSPORTATION AND AUTHORIZE 6 THE CITY MANAGER TO ENTER INTO ANY NECESSARY 7 AGREEMENTS FOR PROJECT DEVELOPMENT 8 9 WHEREAS, the City of Virginia Beach is a recipient of Virginia Department of 10 Transportation funds under various grant programs for transportation-related projects; 11 and 12 13 WHEREAS, the Virginia Department of Transportation requires each locality, by 14 resolution, to provide assurance of its commitment to funding its local share; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1) The City hereby commits to fund its local share, subject to the appropriation of 20 funds by the City Council, of preliminary engineering, right-of-way, and construction 21 of the projects under agreement with the Virginia Department of Transportation in 22 accordance with project financial documents; and 23 24 2) The City Council hereby authorizes the City Manager or authorized designees to 25 execute all agreements and/or addendums for any approved projects with the 26 Virginia Department of Transportation including a new Programmatic Project 27 Administration Agreement, provided such agreement has been approved for legal 28 sufficiency by the City Attorney or authorized designee. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day 31 of May 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: `7P7ill) C1 0 David A. Bradley Dana R. Harmeyer Budget and Management Services City Attorney's Office CA 14366 R-1 April 18, 2018 105 Item -VI-J.14a ORDINANCES/RESOLUTIONS ITEM#68066 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: a. $673,655 from the Virginia Department of Transportation (VDOT) to the FY 2017-18 Operating Budget for Public Works re maintenance of roadways Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $673,655 is hereby accepted from the Virginia Department of 9 Transportation (VDOT) and appropriated, with state revenue increased accordingly, for 10 the maintenance of roadways within the FY 2017-18 Operating Budget for the 11 Department of Public Works. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of 14 May , 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .j)-( 1: or . , David A. Bradley 'Dana-R. Harmeyer Budget and Management Services City Attorney's Office CA14368 R-1 April 18, 2018 106 Item -VI-J.14b ORDINANCES/RESOLUTIONS ITEM#68067 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: b. $3,000 from the Tidewater Bicycle Association to the City Bikeways and Trails Plan Implementation II re installation of bike racks Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION FROM THE TIDEWATER BICYCLE 3 ASSOCIATION TO CAPITAL PROJECT #4-064, CITY 4 BIKEWAYS AND TRAILS PLAN IMPLEMENTATION II 5 FOR INSTALLATION OF BIKE RACKS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 A $3,000 donation from Tidewater Bicycle Association is hereby accepted and 11 appropriated, with donation revenue increased accordingly, to CIP #4-064, City 12 Bikeways and Trails Plan Implementation II, for installation of bike racks. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of May , 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0\it --6 - David A. Bradley Dana R. Harmeyer Budget and Management Services City Attorney's Office CA14367 R-1 April 18, 2018 107 Item -VI-J.14c ORDINANCES/RESOLUTIONS ITEM#68068 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: c. $23, 480 from the Virginia Department of Criminal Justice Services to the Police Department re staff recruitment Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 CRIMINAL JUSTICE SERVICES TO THE POLICE 4 DEPARTMENT FOR STAFF RECRUITMENT 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $23,480 from the U.S. Department of Justice Byrne/Justice Assistance Grant 10 (JAG) via the Virginia Department of Criminal Justice Services (DCJS) is hereby accepted 11 and appropriated, with federal revenue increased accordingly, to the Fiscal Year 2017- 12 2018 Police Department Operating Budget for costs related to staff recruitment and for 13 the encouragement of female and minority applicants for hiring opportunities within the 14 Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of May 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana Har- eyer Budget and Management Services City Attorney's Office CA14359 R-1 April 16, 2018 108 Item—VI-K PLANNING ITEM#68069 1.ISHWAR,LLC MODIFICATION OF CONDITIONS 2. DRAGAS ASSOCIATES,INC. ET AL CONDITIONAL CHANGE OF ZONING 3. GLASSER ENTERPRISES, INC CONDITIONAL USE PERMIT 4.D&H WILLL4MS,INC. CONDITIONAL USE PERMIT 5. BURGER BUSTERS INC SPECIAL EXCEPTION ITEM#5 WILL BE CONSIDERED SEPARA TEL Y May 1, 2018 109 Item—VI-K PLANNING ITEM#68070 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 1,2, 3 and 4 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent.• John D. Moss May 1, 2018 110 Item-VI-K1 PLANNING ITEM#68071 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council APPROVED, AS MODIFIED, BY CONSENT, Application of ISHWAR, LLC for a Modification of Conditions re motor vehicle rentals at 5924 Indian River Road(Approved September 19, 2017)DISTRICT 1—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ISHWAR, LLC for a Modification of Conditions re motor vehicle rentals at 5924 Indian River Road (Approved September 19, 2017) (GPIN 1456621646) DISTRICT 1— CENTER VILLE The following conditions shall be required: 1. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked or dismantled vehicles on the site. 2. There shall be no signs placed within the windows or the doors of the rental vehicles. There shall be no pennants, banners, streamers, or portable signs placed on the site or on the vehicles. 3. No more than eight (8) box trucks for the purpose of renting shall be allowed on the site at any one time. Rental trucks shall only be located in the areas on the site that have been designated on the exhibit entitled, "Proposed Site Layout"as depicted on page five (5) of the report. Rental trucks shall not be parked in such a way that impedes the internal vehicular circulation of the site. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of May, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 . .,)\ ----,..3 _,,,,>Z J / : •.:.:' // /7/ . 1t // r i \\\\\ \ / / ?4,1 \\\' //r / v.„-) c I ' �} 2 f/ j - - m `� l r' \ z )11 7 �-ti .. / it. ..//f ' ' {f 'r' "i ~~ 11 1 14 {�f r,f rrr rf;' r� (-��--_ -,ti. Nt- '-�_,��.r-'fir.+ rr f .44.7'1 fr '�, rti'r IIX� I\III i I II �, Citi I kli44)N141041kp ./,'1.1) 41 n I ; r Iia � _ tv ... ff r � % // 7I /1 r ?If rr '� . —171:0 I?. r _..,( / tit il ' , ;I :r. �1 rr ____\ IILLIII I II ./4, ,.. ., ,„ CC1 -4-7'r{ 7r r' ‘"*.T.:".Z...../ - lh, .40111X.1/4. � � frr' � CCI / r,r / j �v_ IIIP iii !f fF---11 r r 'e L _f Mr rI%I ' r— 'tiTfvisil .,,l'. r _0101__ _r? X_____ _ . 00411 .,_ 1111111111111111111, //V 4. . I F' r�� r t �M �'4,. -� 111 Item -VI-K.2 PLANNING ITEM#68072 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council APPROVED, AS PROFFERED,BY CONSENT,Application of DRAGAS ASSOCIATES,INC. ET AL for a Conditional Change of Zoning from R-10 Residential to Conditional A-24 Apartment at the southwest corner of Haygood Road& Wesleyan Drive DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DRAGAS ASSOCIATES, INC. ET AL for a Conditional Change of Zoning from R-10 Residential to Conditional A-24 Apartment at the southwest corner of Haygood Road& Wesleyan Drive (GPINs 1468933513, 1468933635, 1468838767, 146935988, 1468946067, 1468947150, 1468947112, 1468947038, 1468942088, 1468946191, 1468839984, 1468932910) DISTRICT 4— BAYSIDE The following conditions 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 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of May, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 1„ ,...„11 ... .. .." , ... ....::.4 i ,,\I ,.. ... ,-' -, • ,,.,... # 196 - .:. -\:''-'-,.. • `.....ve ., .... .... /i) -''''-'-•-._--‘"-- ft, i ___. • Nal .,., .,•,‘ \-\.1".-:\:. or"-,,e,"k"). -' ' l' 1111 ...- . . '„ . .... .. , t a . tin ..,--c-\4) \\6\ \ \ 4410 . , ..,_. \ , . 440 ... .„0 rn, ,.. \ \ I ,,,..... ....?;...:: .i. / .. 2 ....,,...... *ti ..• . Cle„..• \ • \ .1 - .-• •- 2 v"--'---- "."'•-,... ,,...,V,':,\, ..0p.• ........... . ...... .i. .. .. 7 / I • *- # , , .. • •• / or& .: ii \ .. 0 ii 11/4 „.' ,, .. ... t : / -.; - •li ilt -...\'----.-- 9 tu ( ......,...<, 41,0411S -,_ :si:k-41r, IX 14'N'il\'`Nri 11 . 0 . i.,, , ,, I, - ,.,.... , : .,.. . _ . . i,. , .,.. , , ..., .. ,. ....., _ :„, if 4,, •-,. ..',...,. .--- :a• .. i1/441:43 4- 1 \, •... '.. A;/' .\ ' .\. .11 ! TIM likk. 1 . 774Ik & le II I ll ilki Z Akyr... N. ).r.1 / (e' el ' Ms ...*• '.. 'Sv. CN .. /- .4(..... ., , • • ( Oi, 40 1 / .? ,' `,tp ,., .. . . e —, 4r• L. / .'. 111101110. ill 5, k, rili It, . / ( 1 • i •111 / 5 ,. / • l' •' . / // j -0C •„ ..,...., •IX-- • / / ir -') : IV. „ I __ ) 1 : ......._, _, r_. l 1 111 ._ . lio..'41.4. it .-0411 I 1 ‘ji —.1.43U441/"° L ,1 _. , 1 „.„,„ r0.11CITY OF VIRGINIA BEACH o, v INTER-OFFICE CORRESPONDENCE y 44,i r y7r,. /r 2 °' OUR,Noo. In Reply Refer To Our File No. DF-10039 DATE: April 17, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Dragas Associates, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 1, 2018. I have reviewed the subject proffer agreement, dated November 21, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom ERIC E. HAWKINS,Trustee of the Adams Family Third Party Special Needs Trust LINDA ELKINS HAWKINS and NANCY V. HAWKINS THELMA H. RIDDICK,Trustee of the Thelma H. Riddick Trust dated May 21, 2008 BRENDA DIANE KRONIESS(a/k/a BRENDA DIANE KNONIESS) and ANGELA ADAMS LUVENIA ANN WASHINGTON and PRISCILLA WOOTEN THOMAS EDWARD MANDLEY,JR. DRAGAS ASSOCIATES, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 21st day of November, 2017, by and between ERIC E. HAWKINS,Trustee of the Adams Family Third Party Special Needs Trust, Grantor,party of the first part; LINDA ELKINS HAWKINS and NANCY V. HAWIUNS, Grantors, parties of the second part;THELMA H. RIDDICK, TRUSTEE OF THE THELMA H. RIDDICK TRUST,dated May 21, 2008, Grantor, party of the third part; BRENDA DIANE KRONIESS (a/k/a BRENDA DIANE KNONIESS)and ANGELA ADAMS,Grantors,parties of the fourth part; LUVENIA ANN WASHINGTON and PRISCILLA WOOTEN, Grantors, parties of the fifth part; THOMAS EDWARD MANDLEY, JR., Grantor, party of the sixth part; DRAGAS ASSOCIATES, INC., a Virginia corporation, Grantor, party of the seventh part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the eighth part. GPIN: 1468-93-3513-0000 1468-93-3635-0000 1468-83-8767-0000 1468-93-5988-0000 1468-94-6067-000o 1468-94-715o-0000 1468-94-7112-0000 1468-94-7038-000o 1468-94-2088-000o 1468-94-6191-000o 1468-83-9984-0000 1468-93-2910-000o Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WITNESSETH: WHEREAS,the party of the first part is the owner of three(3)parcels of property located in the Bayside District of the City of Virginia Beach,Virginia,containing approximately 158,357 square feet designated as Parcels 1, 2 and 3 in Exhibit "A" attached hereto and incorporated herein by this reference. Parcels 1, 2 and 3, along with the other pieces and parcels described herein and in Exhibit"A"are hereinafter collectively referred to as the"Property"; and WHEREAS, the parties of the second part are the owners of five (5) parcels of property located in the Bayside District of the City of Virginia Beach,Virginia, containing approximately 46,274 square feet designated as Parcels 4, 5, 6, 7 and 8 in Exhibit "A" attached hereto and incorporated herein by this reference. Parcels 4, 5, 6, 7 and 8, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS,the party of the third part is the owner of a certain parcel of property located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 32,274 square feet designated as Parcel 9 in Exhibit"A"attached hereto and incorporated herein by this reference. Parcel 9, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the"Property"; and WHEREAS, the parties of the fourth part are the owners of a certain parcel of property located in the Bayside District of the City of Virginia Beach,Virginia, containing approximately 96o square feet designated as Parcel io in Exhibit"A" attached hereto and incorporated herein by this reference. Parcel io, along with the other pieces and parcels described herein and in Exhibit"A"are hereinafter collectively referred to as the"Property"; and WHEREAS, the parties of the fifth part are the owners of a certain parcel of property located in the Bayside District of the City of Virginia Beach,Virginia, containing approximately 109,664 square feet designated as Parcel ii in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel 11, along with the other pieces and parcels described herein and in Exhibit"A"are hereinafter collectively referred to as the"Property"; and WHEREAS,the party of the sixth part is the owner of a certain parcel of property located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 42,859 square feet designated as Parcel 12 in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel 12,along with the other pieces and parcels described herein and in Exhibit "A"are hereinafter collectively referred to as the"Property"; and 2 WHEREAS, the party of the seventh part as the contract purchaser of the assembled Property containing approximately 8.96 acres has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-lo Residential District to Conditional A-24 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors collectively acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-24 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors,personal representatives, assigns,grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential condominium community, substantially in accordance with the "HAWKINS MILL Conceptual Site Plan 3 September 22, 2017", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Concept Plan"). 2. When the Property is developed, it will feature a heavily landscaped streetscape frontage on Haygood Road and Wesleyan Drive, a monument style community identification sign, community center, pool and cabana, a community water feature with aerated fountains, and vegetated buffers adjacent to abutting properties as depicted and described on the Concept Plan. 3. The total number of dwelling units permitted on the Property shall not exceed eighty-eight(88)and the total number of residential buildings shall not exceed twenty-two(22). Each dwelling unit shall contain a minimum of one thousand six hundred(1,600)square feet of living area. 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Hawkins Mill "Architectural Elevation Luxury Vilas" dated September 22, 2017, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). 5. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners'Association shall be responsible for maintaining all open spaces, common areas, amenities,landscaping and other improvements on the Property as depicted on the Concept Plan. Membership,by all residential unit owners,in the Condominium Association shall be mandatory. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by 4 the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 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 and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: The Adam •. _: ily Third Pa Special Needs Trust A je...- ' B . �� / /dl i (SEAL) gr Hawkins,T ► tee STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 10-'' day of 2018, by Eric E. Hawkins, Trustee of the Adams Family Third Party Special Needs Trust, Grantor. i% I i)4.$�piuA Notary Public My Commission Expires: 4150115 ESE N Notary Registration Number: "4-555583 .sT • •w.. -= .. •NOTARY• � • 'G F. Q . PUBLIC • to S. Z • REG.#7585583 • 9 S. MY COMMISSION i CP '• EXPIRES I 2 .�•• 41��,$: 6 WITNESS the following signature and seal: Grantor: • //�/// � ,i�� /�AV2', (SEAL) Linda Elkins Hawkins STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this "d day ofJ 2019,by Linda Elkins Hawkins,Grantor. ' �Not, y Public �, P E .ENA 17/ My Commission Expires:ry '{( i9 ��' .' NOTARY'• O Nota Registration Number:a = : 2 ��'g REG P#8 •• 585583 /3' E n :MY COMMISSION: S. 0 '. E PIRES Q 7 WITNESS the following signature and seal: Grantor: 4GfiY) Coil L im,t} SEAL Nan�V. Hawkins STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me thishd day of aiti,�,�- 2o1 ,by Nancy V. Hawkins,Grantor. U Notary Public ,,`,,,,,,,,,„,,,,,,, My Commission Expires: L 1301 t S •°N‘��-ENA hp''',, Notary Registration Number: 1685%3 P N0TgaY pUBtic 3 2 REM�GCp S•#758558- MISON ¢ off: EXp RESP•:.sz- 8 — . WITNESS the following signature and seal: Grantor: The Thelma Hawkins Riddick Trust � . /40 e) -) POA-- By: jhflrr� 1c�c�cc(L (sem) Thelma H.Riddick,Trustee STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 2011 day of o� , 2ola by Thelma H.Riddick,Trustee of the Thelma Hawkins Riddick Trust,Grantor. Notary Public 1'6? ------- ,,,,,'"'I,,,,,,,, My Commission Expires: 1-430(18 j,•� ��LENA �••.,,,, Notary Registration Number: & 55QP .P . "" cNOTARY 2 - a Q PUBLIC C.1;31.1:z •• REG.#7585583 MY COMMISSION; ��: E PIR`S ;:p?: (•,,,,,,yFq L,4 o* 0%s 9 WITNESS the following signature and seal: Grantor: (SEAL) Brenda Diane Kromes_ a/k/a Brenda Diane Knoniess STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 4 7-4 day o eA.R�-;e, 2017,by Brenda Diane Kroniess a/k/a Brenda Diane Knoniess, Grantor. A vve,F,..„ , Notary Public �• ••........ FBF ` G•4G'$O 1985,k My Commission Expires: 02/el? Q: Q OTA9 t /� 3a + y • '- Notary Notary Registration Number: (fret _*. • ; * n ' JB.-\0 : , O •Z• 'V. , ••......••tl11100 ` 10 WITNESS the following signature and seal: Grantor: hAL .L _. .:, ,_ice . (SEAL) An -la Adams STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 10 day ofuaJU , 2015,by Angela Adams,Grantor. J AtiVal(410044( Note �.Bu jic My Commission Expires: ►+ moi t� ,�P •-•••••"•••- Notary Registration Number: 1-586-6e) NOTARY ' ., 3 r •- PUBLIC 11‘ REG.#7585583 9 7. MY COMMISSION:• Q '',,-11T-4 �Hu0`* .ost 11 WITNESS the following signature and seal: Grantor: AlAt.pcia,aAAAA-dIA-b-4)14-1-Sita4, (SEAL) Luvenia Ann Washington STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 21161 day of j , 2O1 ,by Luvenia Ann Washington,Grantor. Notary Public My Commission Expires: '- 130 14� t Nq '�% Notary Registration Number: R-SP,55B 3 ,P' NorARY ' ��. • PUBLIC m REG.#7585583 . =1-S n :MY COMMISSION: 1'0•••• E IRS C92`�: ............••. ...... LTH OF '�, �,..` 12 WITNESS the following signature and seal: Grantor: L.04_ XotalTz. (SEAL) Priscilla Wooten STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 2)1"d day of u J 2O1 ,by Priscilla Wooten,Grantor. v ' AVIDA4. /0, Nota y,k lic "I" 1 E1.E NA �.,, `� , My Commission Expires: 4 t Notary Registration Number: 1-5 558 3 Q` NOTARY'' . S. PUBLIC f�s REG.#7585583 9 n :MY COMMISSION p ; EXPIRES 2 'uw HuO,,,,```�� '',,, 13 WITNESS the following signature and seal: Grantor: • { i .r, ,! , 4SEAL) Thomas Edward Man•I ey,Jr. STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this (day of , -ze41;by Thomas Edward Mandley,Jr.,Grantor. Zo/ , •v Notary Publise My Commission Expires: s/3 I 202-1 Notary Registration Number: '7S 4E40 JORGE A SANTIAGO NOTARY PUBUC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAY 31,2021 COMMISSION#7549560 14 WITNESS the following signature and seal: Grantor: Dragas Associates,Inc.,a Virginia corporation By: g‘e -V r '� - (SEAL) Helen E. Dragas, 'resi•it STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: � The foregoing instrument was acknowledged before me this -, Pen/44.77.._ , 2017, by Helen E. Dragas, President of Dragas Associates, Incivgiliar�ocorporation,Grantor. � y •• G NO,� � .......' l.L _Li NOT I Notary Public = �• � f My Commission Expires: // 3mO/�j $LIG R* •'QNotary Registration Number: / 1�Y W / °i 41fri•..........• �a`� TH 15 EXHIBIT "A" LEGAL DESCRIPTION Parcel One(GPIN: 1468-93-3513-0000) All that certain lot, piece or parcel of land in Bayside Magisterial District of Princess Anne County,Virginia Beach,Virginia, and designated as Lot No. One(1) on that certain plat entitled, "Subdivision of Property of Meekins Hawkins Estate", located in Bayside, formerly Princess Anne County,Virginia,dated March 1959,and made by W.B.Gallup,County Surveyor,reference to which is hereby made for a more particular description of the property hereby conveyed, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Page 14. Parcel Two (GPIN: 1468-93-3635-0000) All that certain lot, piece or parcel of land, in the Bayside Magisterial District of the City of Virginia Beach, formerly Princess Anne County,Virginia, and designated as Lot No. Two(2) on a certain plat entitled, "Subdivision of Property of Meekins Hawkins Estate",located in Bayside, Virginia Beach,(formerly Princess Anne County),Virginia,dated March 1959,and made by W.B. Gallup, County Surveyor, reference to which is hereby made for a more particular description of the property hereby conveyed,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. Parcel Three (GPIN: 1468-83-8767-0000) All that certain lot, piece or parcel of land, in the Bayside Magisterial District of the City of Virginia Beach, formerly Princess Anne County, Virginia, and designated as Lot No. Fourteen (14) on a certain plat entitled, "Subdivision of Property of Meekins Hawkins Estate", located in Bayside, Virginia Beach, (formerly Princess Anne County), Virginia, dated March 1959, and made by W.B. Gallup, County Surveyor, reference to which is hereby made for a more particular description of the property hereby conveyed, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Page 14. Parcel Four(GPIN: 1468-93-5988-0000) All that certain lot piece or parcel of land in the Bayside District of the City of Virginia Beach, Virginia,designated as lot 6 on that plat entitled, "SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE", formerly Princess Anne County, Virginia, dated March 1959,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. LESS AND EXCEPT that part of the northwest corner of lot 6 acquired by the Commonwealth of Virginia by"Certificate"dated May 21, 1985 as recorded in the above referenced Clerk's Office in Deed Book 2417, at Pages 1026 through 1029 and by ORDER recorded in Deed Book 2738,at Page 288. 16 Parcel Five(GPIN: 1468-94-6067-0000) All that certain lot piece or parcel of land in the Bayside District of the City of Virginia Beach, Virginia,designated as lot 8 on that plat entitled,"SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE", formerly Princess Anne County, Virginia, dated March 1959,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. LESS AND EXCEPT that part of lot 8 acquired by the Commonwealth of Virginia by"Certificate" dated May 21, 1985 as recorded in the above referenced Clerk's Office in Deed Book 2417, at Pages 1026 through 1029 and by ORDER recorded in Deed Book 2738, at Page 288; and LESS AND EXCEPT that portion of lot 8 conveyed to the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH by Deed dated April 18, 1994 as recorded in the above referenced Clerk's Office in Deed Book 3388, at Page 1040. Parcel Six (GPIN: 1468-94-7150-0000) All that certain piece or portion of a parcel of land in the Bayside District of the City of Virginia Beach,Virginia located south and east of Wesleyan Drive at its intersection with Haygood Road being the remaining portion of lot 9 as designated and depicted on that plat entitled, "SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE", formerly Princess Anne County,Virginia,dated March 1959,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. LESS AND EXCEPT that part of lot 9 acquired by the Commonwealth of Virginia by"Certificate" dated May 21, 1985 as recorded in the above referenced Clerk's Office in Deed Book 2417, at Pages 1026 through 1029 and by ORDER recorded in Deed Book 2738, at Page 288; and LESS AND EXCEPT that portion of lot 9 conveyed to the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH by Deed dated April 18, 1994 as recorded in the above referenced Clerk's Office in Deed Book 3388, at Page 1040. Parcel Seven (GPIN: 1468-94-7112-0000) All that certain piece or portion of a parcel of land in the Bayside District of the City of Virginia Beach,Virginia located south and east of Wesleyan Drive at its intersection with Haygood Road being the remaining portion of lot 10 as designated and depicted on that plat entitled, "SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE", formerly Princess Anne County,Virginia,dated March 1959,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. LESS AND EXCEPT that part of lot 10 acquired by the Commonwealth of Virginia by "Certificate"dated May 21, 1985 as recorded in the above referenced Clerk's Office in Deed Book 2417,at Pages 1026 through 1029 and by ORDER recorded in Deed Book 2738,at Page 288;and 17 LESS AND EXCEPT that portion of lot 10 conveyed to the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH by Deed dated April 18, 1994 as recorded in the above referenced Clerk's Office in Deed Book 3388, at Page 1040. Parcel Eight(GPIN: 1468-94-7038-0000) All that certain piece or portion of a parcel of land in the Bayside District of the City of Virginia Beach,Virginia located south and east of Wesleyan Drive at its intersection with Haygood Road being the remaining portion of lot 12 as designated and depicted on that plat entitled, "SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE", formerly Princess Anne County,Virginia,dated March 1959,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. LESS AND EXCEPT that part of lot 12 acquired by the Commonwealth of Virginia by "Certificate"dated May 21, 1985 as recorded in the above referenced Clerk's Office in Deed Book 2417,at Pages 1026 through 1029 and by ORDER recorded in Deed Book 2738,at Page 288; and LESS AND EXCEPT that portion of lot 12 conveyed to the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH by Deed dated April 18, 1994 as recorded in the above referenced Clerk's Office in Deed Book 3388, at Page 1040. Parcel Nine(GPIN: 1468-94-2088-0000) ALL THAT certain lot, piece or parcel of land in Bayside Borough,Virginia Beach,Virginia, and designated as LOT NUMBER SEVEN (7) on a certain plat entitled, "Subdivision of Property of Meekins Hawkins Est.: located in Bayside (formerly Princess Anne County), Virginia", dated March 1959,and made by W.B.Gallup,County Surveyors,reference to which is hereby made for a more particular description of the property hereby conveyed, which said plat is recorded with Deed from said Special Commissioners to Verlin Hawkins, dated March 14, 1961, and duly recorded. LESS AND EXCEPT that part of lot 7 located on the north side of Wesleyan Drive conveyed to the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH by Deed dated April 22, 1994, and recorded in the above referenced Clerk's Office in Deed Book 3388, at Page 1037; and LESS AND EXCEPT that portion of lot 7 conveyed to the Commonwealth of Virginia by Deed dated February 14, 1985 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 2403, at Page 0069. 18 Parcel Ten (GPIN: 1468-94-6191-0000) All that certain piece or portion of a parcel of land in the Bayside District of the City of Virginia Beach,Virginia,located south and east of Wesleyan Drive at its intersection with Haygood Road being the remaining portion of lot 11 as designated and depicted on that plat entitled, "SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE" formerly Princess Anne County, Virginia, dated March, 1959, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 52, at Page 14. LESS AND EXCEPT that part of lot 11 acquired by the Commonwealth of Virginia by "Certificate" dated February 1, 1985 as recorded in the above referenced Clerk's Office in Deed Book 2391,at Page 0094, and by ORDER recorded in Deed book 2425, at Page 936; and LESS AND EXCEPT that portion of lot 11 conveyed to the School Board of the City of Virginia Beach,by Deed dated April 29, 1994, as recorded in the above referenced Clerk's Office in Deed Book 3389, at Page 2135. Parcel Eleven(GPIN: 1468-83-9984-0000) All that certain lot, piece or parcel of land, in the Bayside Magisterial District of Princess Anne County, (now City of Virginia Beach) Virginia, and designated as Lot No. Thirteen (13) on a certain plat entitled, "Subdivision of Property of Meekins Hawkins Estate", located in Bayside, Princess Anne County,Virginia,dated March 1959, and made by W.B. Gallup, County Surveyor, which is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Page 14, which said plat is recorded with Deed from Special Commissioners to Verlin Hawkins, dated March 14, 1961. LESS, SAVE AND EXCEPT the parcel conveyed to the Commonwealth of Virginia by Deed recorded in Deed Book 2391, at Page 546, 0.171 acres, and a temporary construction easement 0.075 acres, for widening of Haygood Rd. Parcel Twelve(GPIN: 1468-93-2910-0000) All that certain lot piece or parcel of land in the Bayside District of the City of Virginia Beach, Virginia, designated as lot 15 on that plat entitled, "SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE",formerly Princess Anne County,Virginia, dated March 1959, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. H:\AM\Conditional Rezoning\Dragas Associates\Hawkins Mill\Proffer Agreement.docx 19 112 Item -VI-K.3 PLANNING ITEM#68073 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of GLASER ENTERPRISES, INC. & GLASER, LLC for a Conditional Use Permit re bulk storage yard at 2584 Horse Pasture Road DISTRICT 3— ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GLASER ENTERPRISES, INC. & GLASER, LLC for a Conditional Use Permit re bulk storage yard at 2584 Horse Pasture Road (GPIN 1495757662) DISTRICT 3— ROSE HALL The following conditions shall be required: 1. The Bulk Storage Yard shall be limited to the area and location depicted on the exhibited entitled, "Site Layout" on page four (4) of the report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Southern wax myrtle (Myrica cerifera), planted six (6)feet on center, shall be installed along the northern side of the site facing London Bridge Road and along the western side of the Bulk Storage Yard area, as depicted on the "Proposed Landscape Exhibit"on page five (5) of the report. The plants shall be a minimum of two (2)feet in height at the time of installation. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of May, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 I' i1 1 .1r r E i II l E E I� � 7 II I 4 Iii �� r11 ill 11 1 r_____ ii i1 �~'' F------ __ Ir II II TT 1 11 ilr --..._____,_____j / r 4c �� i Ij i i --- - — _ ___sem, — - . I r E 1r r 1 I / 5 .4 i __� s ti. i 1--- e / 11 , . 1/11 ir / i t' l r /; 1 E a E r Lgi ,i; iJ 1 7 r �11,------____co 1. iii NO 13---._______ .......,-) ‘.% : , 1 (77----*------,-. s 114\:%A' '‘.64 ., - ,41 .- 4:1, .? ; ::,,..1 --......._ __ 11 li fi? ( Iil 641 \ 1111111L—c_. . , 'It I i. ,...._ ir— -7-7----.___ / I ? mi 11\ \ \I il. ___. _., f ill I - 1.; ii1 i ; E 1 I .!' .1.111,14bk I 1 i III ' \th, -��-� III .__ i if i 1 1 II f r f .' f' '' iE a �r rR t". 15 - 1 i -�, r r t E t- ) (.,: ( -_______ Cavi P ./� �` -- __-___ '---{ _54z 1 r •k 113 Item -VI-K4 PLANNING ITEM#68074 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council APPROVED, AS CONDITIONED, BY CONSENT,Application of D&S WILLIAMS, INC. & LONDON BRIDGE, LLC for a Conditional Use Permit re automobile repair garage at 113 Pennsylvania Avenue DISTRICT 4— BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of D&S WILLIAMS, INC. & LONDON BRIDGE, LLC for a Conditional Use Permit re automobile repair garage at 113 Pennsylvania Avenue (GPIN 1467849117) DISTRICT 4— BAYSIDE The following conditions shall be required: 1. The parking lot shall be striped to include any required handicap spaces in accordance with the Americans with Disabilities Act(ADA). 2. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 3. The existing non-conforming freestanding sign shall be removed. 4. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs or electronic display signs on the site. 5. No vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no outside storage of equipment,parts or materials. 7. No motor vehicle repair work shall take place outside of the building. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of May, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 j_Ii 1 I 1 I J r-, J r r CI .1 , A' , ___„---- 1 7, i lag "41771 \ I r ____. 1 1 To. h.. _3,.._ .. ___ ______. , i ..... J Ll , _ _ Ail anueAy Osier V� I I • N as 1 -1-- 71;i L _r_____ .t I 4 F i _ F —c-1 _ : `J /I 1 t . peaeir , � I PtI3I 114 Item -VI-K5 PLANNING ITEM#68075 The following individuals registered to speak: Eddie Bourdon,Attorney for Applicant spoke in SUPPORT. Joe Taylor, spoke in SUPPORT. Varoon Jain, spoke in SUPPORT. Christy Murphy, 3704 Pacific Avenue, Phone: 965-2793, spoke in SUPPORT. Bernice Pope, 214 44`h Street, spoke in OPPOSITION. Brad Capps, 316 16`'' Street, Phone: 286-0865, representing the Resort Beach Civic League, spoke in OPPOSITION. Barbara Messner, P.O. Box 514, spoke in OPPOSITION. Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED, AS CONDITIONED, AS AMENDED, Application of BURGER BUSTERS, INC. & BALBOA, LLC for Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re drive-through restaurant at the northwest corner of Pacific Avenue&29th Street DISTRICT 6-BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BURGER BUSTERS, INC. & BALBOA, LLC for Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re drive-through restaurant at the northwest corner of Pacific Avenue & 29" Street (GPIN)DISTRICT 6-BEACH The following conditions shall be required: 1. When the property is developed, it shall be substantially in accordance with the submitted site and landscape exhibit which shows a single curb cut entitled "PACIFIC AND 29771 STREET CONCEPT LANDSCAPE PLAN,"dated July 17, 2017 and prepared by Blakeway Corporation, with the exception of any conditions stated below. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. When the site is developed, the structure constructed shall have the architectural features, and appearance of like quality and character to the architectural elevation exhibits entitled, "EXPLORER LIGHT, EXTERIOR ELEVATIONS," dated 11-29-17, and "EXPLORER LITE, RIGHT SIDE ELEVATION WITH SCREEN WALL,"dated March 23, 2018, as prepared by Mark D. McCluggage AIA, CCS with the exception of any conditions below. These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. May 1, 2018 115 Item-VI-K.5 PLANNING ITEM#68075 (Continued) 3. As part of the approval of this request for a Special Exception for Alternative Compliance, the required parking shall be reduced to fourteen (14) parking spaces. Employment by this business shall not render an individual eligible for a Residential Parking Permit. Applicant shall encourage employees who are able to walk, bike, ride-share and take the bus/trolley to work. Applicant shall assist those employees who must a drive a motorized vehicle to work by: a. Organizing carpools and purchasing or participating in the purchase of monthly employee Parking Passes in the 31"Street Parking Garage; and b. The two (2) onsite Manager controlled Parking Spaces shall be used by the Managers or as directed by the Managers for Employee Carpool Vehicles. This shall include ferrying employees to and from satellite parking at the Applicant's restaurants on General Booth Boulevard and Great Neck Road as needed. With the exception of the two (2) designated Manager controlled spaces, employees shall not be permitted to park on site. 4. As shown on the site plan exhibit, the drive-through lane and exit lane&parking area shall be improved with two separate materials or surface treatments that substantially differ in appearance such that drivers are clearly guided to the correct aisle. 5. As part of site plan review, to ensure adequate screening is provided within the reduced 5-foot parking setback, the Development Services Center Landscape Planner may request up to 40%additional plantings than the minimum amount of plantings required by the parking lot street frontage regulations of the City of Virginia Beach Landscaping Guide. To ensure the growth of all plants, all landscaped areas shall be irrigated. 6. As part of site plan review, the applicant shall adjust all drive aisles to meet the minimum width supported by Public Works Traffic Engineering. Residual area shall be used to increase interior or perimeter landscape screening of the drive aisles. 7. As part of site plan review, as supported by Public Works Traffic Engineering, the applicant shall provide landscaping to the north and south of the on-street parking spaces located in the public right-of-way of Pacific Avenue. 8. To limit the disturbance to nearby residential uses, the restaurant shall not operate between the hours of 1:00 a.m. and 7:00 a.m. The drive through shall not operate after 12:00 a.m. midnight. 9. All signage shall follow the Oceanfront Resort District Sign Design Guidelines. No window signage, interior or exterior, temporary or permanent, shall be used. No signage shall be used in the outdoor dining area. Signage shall not be provided on trash receptacles,fencing,furniture, bicycle racks,patio umbrellas, or drive-through canopies. The proposed screening wall shall not be included when calculating the amount of signage permitted by the Form-Based Code. May 1, 2018 116 Item-VI-K.5 PLANNING ITEM#68075 (Continued) 10. Pavers shall be used for the proposed patio space. The applicant is currently showing a fence surrounding the patio and a strip of landscaping separating the patio from Pacific Avenue. If desired by the applicant, at site plan review, the fence and landscaping may be removed to provide less restricted pedestrian movement at the corner of the site. If fencing is used, it shall meet the Oceanfront Resort District Design Guidelines by being weather resistant and comprised of low maintenance materials. 11. To ensure this proposal contributes to the long term goals of the Oceanfront Resort District Form-Based Code and the Resort Area Strategic Action Plan, this Special Exception for Alternative Compliance shall be granted for no longer than a period of twenty-five (25)years. 12. The sale and service of alcohol shall be prohibited on this property. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of May, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss May 1, 2018 Ji ...."'"°."°"mm....- , , . , . , . . . , 4 s re --- , 0 0 .0. 0 . , \ s, 0 is s s k \ W k 4 , W i . 4 . \ • .... , _ __ ___________________ ....._ ___________________..• . . -. __ _-_:___•._T..:._—_.-___-------_-.7:::: : :-_-_.:::-_-_-_-_-_-- -_—_e24-at--gtrevof , „ __ k i,...___,, t '..--.1 rt . \ C i 0 \ , , \ 1 \ . I ,- _...,- Mok 1/1111111111111111, ——._ --_ \ \ \ Cr . • ''.. % -, !, 0 . , , - \ \ 0 __ 0 ' ‘. s , , .: , . \ s . . . ___.... ,, , , . , _ --------------- \ s\ 1, , . . s s, \ s \ . , \ ,. . , 4,, , . . . ---- \ s, , . \ , \ \ , s , , . , \ i . \ \ \ s s , I, . , . , . . .. . . __. . . 117 ITEM VI-L APPOINTMENTS ITEM#68076 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS COMMUNITY POLICY and MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL STORMWATER APPEALS BOARD May 1, 2018 118 Item-VI-O ADJOURNMENT ITEM#68077 Louis R. Jones DECLARED the City Council ADJOURNED at 7:55 P.M. 11/i A'n•a Barnes, MMC City Clerk Louis R. Jones Mayor City of Virginia Beach Virginia May 1, 2018 119 OPEN DIALOGUE The following individuals registered to speak: Vivian Coates, 205 24th Street, Phone: 230-5655, did not respond. Rona Marsh expressed concern regarding unfunded debt and liability. Barbara Messner expressed concern regarding access to government. ADJOURNED 8:00 P.M. May 1, 2018