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06-19-2018 MINUTES ePri o •t ♦yr �Q* e� Op OUR NPTOeL° VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 19, 2018 Mayor Louis R. Jones called to order the City Council's Briefing in the City Council Conference Room, Tuesday,June 19, 2018, at 2:30 P.M Council Members Present: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane Out of town- City Business 2 CITY COUNCIL'S BRIEFING CANNABIS OIL LEGISLATION and DEVELOPMENT OPPORTUNITIES ITEM#68202 2:30 P.M. This brief was postponed to a later date due to a change in Delegate Glenn R. Davis'schedule. June 19, 2018 3 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 2:33 P.M. Mayor Jones welcomed Ronald H. Williams, Jr., Deputy City Manager. Mr. Williams expressed his appreciation to the City Council for their continued support: Central Beach Entertainment District t Virginia Beach City Council Informational Brief Ron Williams,Deputy City Manager June 19,2018 Here is an Overview of the Central Beach Entertainment District Updates: Central Beach Entertainment District Updates •ViBe District—19th Street Improvement Project •Activate Atlantic Avenue Initiative • Sports Center—Comprehensive Agreement • Dome Site—Status Update • Pier Development—Status Update June 19, 2018 4 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) 3 sA" ViBe District 014 1 3 Here is an Overview of the 19`h Street Improvement project: 19th Street Improvements—CIP 9.100 The contractor,Gaston Brothers,started on June 4,2018. Project completion is scheduled for June 2020. Citizens should start seeing lane closures next week.Two lanes will be closed and a lane in each direction will be open at all times.Construction is year round. .x — • 1.44.101 June 19, 2018 5 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) Here is the overlay of infrastructure in the ViBe District: lk A ''- ,ki'� .r, '4 - A 3 - 1' 1 -.. . . iii ,u4 lie 0441 '- '',:i- --• '-,.,1 --WF'- :iri,...L.' •` r•r , . ¢ - ma i _ V - T �kk� 2'w j v-..,. i 1.1-. 1 "' '',-. -::.-- ,Iji -.''''-'','V. --..,,- i r , .. _rl_i_ .,_., _.;:__„.... , , , ,,_ ♦r,.a�� La's«�- ._ _ _.. _ .�. 19'^&Paris- 19.&Cypress- 19rt&MeEkemneen- 19.&Reek- Inters.ctbn Art:OnkTonR^ Intersection Art By Intersection Art By Intersection Art By by Troy Summerell ABson Terrine Richard Nickel Scuba Steve 5 sem `` "'S: Activate Atlantic Avenue Initiative =�' ` = - �`� W June 19, 2018 6 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) Here is the Background of the Atlantic Avenue Association: Background • In August of 2017 business owners on Atlantic Avenue expressed concerns regarding a number of issues including the perception of a decrease in pedestrian traffic,event programming and parking • Soon thereafter,the Atlantic Avenue Association was formed • In response to business and stakeholder concerns,City staff began the "Activate Atlantic Avenue Initiative": • The City engaged Kimley Horn,EDSA and WPL to study how to improve the Atlantic Avenue experience and to revitalize Atlantic Avenue • A stakeholder workshop was held in early November to further understand the breadth of issues/concerns and to identify opportunities to address what was identified • Atlantic Avenue parking pilot program in February and March tested on street parking in"off-season" • BeachStreet USA rebranded as"LIVE!On Atlantic" The Atlantic Avenue Association recently elected the below Board of Directors: -41efr"-- Atlantic Avenue A$30C IAT IO N. "ebW m evMA Great Community Asset • AAA consists of landlords,restaurateurs,club owners,hoteliers,retailers, entertainment contractors,magazine publishers,advertising executives,artists and local residents. •They are local citizens who care about our resort town and,collectively,want to make Atlantic Avenue a place we can all be proud of. • Recently elected Board of Directors members: President George Kotarides(Dough Boy's) Vice President Michael Mauch(Karma/I Scream) Treasurer Chris Kyriakides(Sweet Frog) Secretary Chris Neikirk(Smartmouth) At Large Bill Dillon(Abby Road) At Large Bill Gambrel)(Tautogs/Doc Taylors) At Large Stephan Gordon(SL Nusbaum/landlord) At Large Deepak Patel(King of the Sea/landlord) At Large Clark Winslow(Sunny Day Guides) June 19, 2018 7 CITYMANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) Mr. Williams introduced Brad Van Dommelen, Director- Convention and Visitors Bureau. Mr. Van Dommelen discussed the "rebranding"of BeachStreet USA, is now Live!On Atlantic. The program includes new musical entertainment at twelve (12) locations between 7th and 35`h Streets: BeachStreet USA is now.... LIVE! Dane15-August 26 O N Programming: • Musical Entertainment AL 12 locations:7er_lut ^Streets&ViBe Creative district • Variety of genres �." ATLANTIC IVH , Aik I'' LIVE' Own , , A Qr,✓� t N-Ok -" * - • `ice .. r Live!On Atlantic will also include a "Fun Zone"on 19th and 20th Streets with variety acts and historical programming: rLIVE! ' Fun Zone(19.and 20.Street at Atlantic) ON-E5. . • Side show/variety acts(music,juggling)and kids fun(face painting, MANTIC balloon characters) El ' Fun 200 Uvel On Atlantic also includes: • Historical programming(Witch of Purgo,1619 story,military history) • Events(fireworks,festivals) hto r • - a V t a '> " � 4 ' --.7."N-- $* June 19, 2018 8 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) Mr. Williams provided these six(6) improvement priorities identified by the Atlantic Avenue Association: A,„ rip Here is the agenda for the June Atlantic Avenue Association Workshop: June Atlantic Avenue Workshop • Part 2 of the Stakeholder Workshops will be held June 26-28 •The primary purpose of the follow-up workshop is to finalize recommendations for initiatives that can be deployed over the next 1-3 years to address the issues identified over the past year. • Issues that will be addressed include: • Branding&Marketing • Business incentives • Parking • Placemaking • Programming • Public Infrastructure(lighting,sidewalks,restrooms,etc.) June 19, 2018 9 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) ISports Center Update • 13 Here is the CVB Sports Center PPEA Schedule: CVB Sports Center PPEA Schedule . is Conceptual Phase Detailed Phase � pp 30'er °]ember It U [J i ✓i t./j IJ June 19, 2018 10 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) Here is the location of the proposed Sports Center: 4-4,-,-,rt - w - ... ., z..- +— _ry c"2 ; - '.+ y § z . 4 040_. 1- ?*It 4r ! i 14° 4 o' a ' I 11 4117---- wet a* - Alt iv/ I-7 M (..7ts9 (......MMMIiiir:rM w ,o4 '` 004494 June 19, 2018 11 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) /IHinim11dim 11111M1IIIIII111*,."11111 !!1 P„ 1111=111111 �-nu-■SII_ uurai11i�1l.111 598t j f` w vx+ft ■ June 19, 2018 12 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) 1 i 1 II r t (t•1 I Il! I �' II7r , . p-- -1.- I[1] , friiitt:r.:loll r.. iiii_.-i _____.„ ri, ::::. .,k,, ) ii.' -41) 1 1 Htg) ] ' ro.:----,...1t7.71. . i -c'\`: 4.8 'l I! / 11I I- Q;. ,1 - I IC 71 7- SII -ar' r I+ �, .. I Ir IIID -- 1 I d' 1 I I I^\t, E Hi O I 1 I I I 1 ",'I [!111111: 0 -) I / / ` - H- \\ il V 1 1 / P_ - � t A -tt 6 I - I , I I r --.V. ' - � - is 1I '`A;Il\-g}r 000 -a,.o C t 'I i 1 I/1,I June 19, 2018 13 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) Mr. Williams provided a virtual "Fly Through"of the Sports Center plans: North Elevation IIIPN1�►111g1�ll ll11111� �� I�IiIiII p1 _ ) INIIIIIIIUiiiimi OilIII111111111�tUU111RWIUIII b lil I Ail.''1I ripe,.111",II(..,o' Iii r ��- 33 Dining View of Track i : ..... —,..... ice`�j I IMEillia lipai II I�1 Ti T T I1-T TTT L 1 J1 _�- TTT - ,Ima ill -mss I (! . June 19, 2018 14 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) Courts 1111111111 ...Alf Track 710:•61- 1000.0 1 - !E tar-Ar Ar June 19, 2018 15 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) CgfiflllUlallt g f n- r i --711114P _tali. um weiiiiiaLLIA i Here is the PPEA Design-Build Comprehensive Agreement Summary of Material Terms: PPEA Design-Build Comprehensive Agreement Summary of Material Terms Sports Center Total $57,776,725 Parking Total $10,365,322 Total Project Cost $68,141,047 Construction Start August 2018 Final Completion November 2020 June 19, 2018 16 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) Here is the proposed CIP Transfer to Align with Agreement to cover parking related costs: CIP Transfer to Align with Agreement FY19 Approved Amounts 9045000 Central Beach&Convention Districts Parking $7,000,000 $45,000,000 $52,000,000 9053000 Dome Site Entertainment Venue $5,000,000 $25,000,000 $30,000,000 Requested Transfers INUIZt 1111 9045000 Central Beach&Convention Districts Parking $10,500,000 $41,500,000 $52,000,000 9053000 Dome Site Entertainment Venue $1,500,000 $28,500,000 $30,000,000 Comments or Questions? r ,ice OA" ► �1 sit'. 1. lel A. d. June 19, 2018 17 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) Dome Site Update - Here is an Overview of the Dome Site Development Process: Dome Site Development Process Review Select Pgem N,1c Cos velopnco RFinancing/ and Qualified Engagement public Cost Development Financing Developer/ &Concept panu:ipShee Ag dosing Interview Operator Refinement &term hheet Selection Phase pre-Development Phase Development November Winter August December 7 2017-18 2018 2018 TBD TBD 201 !/ tT{ r a Development phase Includes', t 1 �u] • A series of feasibility studies and i further due diligence in order to develop deal poinp for the term sheet and ultimately me development agreement • requires public engagement end establishes timelines a. lE schedules June 19, 2018 18 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) The next update will be provided to Council on August 14, 2018: Council Work Session - August 14th Dome Site Development 1. Final Reports of Studies • Stone Planning—Entertainment Venue Analysis • SiteWorks—Retail Market Analysis • Lambert Advisory—Office and Residential Analysis • Lambert Advisory—Economic Impact Analysis • Desman—Parking Demand and Cost Analysis 2. Overview of New Conceptual Development 3. Overview of Pre-Development Agreement j F „� t Pier Development Update June 19, 2018 19 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) Here is the Pier Development Status: Pier Development Status • On May 15,2018 Mayor Jones opened the bids during the informal session and read summaries of the three bids into the record during the that evening's formal session. •After review by the City Attorney's Office for determination of redactions of proprietary information,the project summaries,cover letters and information submitted by proposers are posted under Related Information on the Pier Project website. • Preliminary economic impact and displacement analysis is underway by Lambert Advisory as part of the Dome site development study. • Staff is prepared to begin further analysis of the two proposals with support by Lambert Advisory and await direction from Council for next steps. Here is a rendering of the proposed Pier at 15th Street: Pier Place @ 15th ST _i rt l 4 ' • 90 June 19, 2018 20 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT- UPDATE ITEM#68203 (Continued) Here is a rendering of the proposed Pier at 17th Street: Pier 17 xw f ar s X;y Y,s e 4 Ili � -_ o It L Questions ' Comments ,, *%,,, j � Mayor Jones expressed his appreciation to Mr. Williams for this informative presentation. June 19, 2018 21 CITY MANAGER'S BRIEFINGS PULSE POINT- UPDATE ITEM#68204 3:09 P.M. Mayor Jones welcomed Chief Edward Brazle, Emergency Medical Services. Chief Brazle expressed his appreciation to the City Council for their continued support:0�Hl �t'�*� `7 iV �S Emergency Medical Services PulsePoint Update 6/19/2018 Chief Edward M. Brazle Here is an Overview of How PulsePoint Works: How PulsePoint Works tzo --1 4 • -- -� . a� 0 SCA victim In need ®911 operator sends 0 Signal received by 0 Users rush to help victim before Psi"I alert nearby Fusers professmal help arrrces WI BEACH It EMS VYJvirK inia Beach 0 June 19, 2018 22 CITY MANAGER'S BRIEFINGS PULSE POINT- UPDATE ITEM#68204 (Continued) This is the model in San Diego showing the number of registered users and their locations displayed on the app: 'ill r ,1 . kms �J� ,. a� •. 4.it ri-r- ti'„" „ ¢,57' tz- }.. i id • er'i 1 x, 1 iy`, 1t1 ,A•1 ,uyt ,A ,��'1_• .Z ,,7!� .` 7i1��y)1�I��6jj, f•tri�i.i/ 411 I i r,l —i! 71. i'l ,• y�`3.;. , :,,,, ,i '};,yfl i r 'i0 Y,` ii). ....106. ...,. , 1..,. - VI 'soil1r ' : ., lb B Er. Here is what a registered user would see when CPR is needed to include the location of the nearby AED machine: 9:04 ;' k .. } Monday.September 19 t _ 'Y AURORA/MN Si .:1-%.'- + +i UM (M SEATTLE ._ F. zt Co IBEACHItEMS \irginia Beach —pulse'°'nt org June 19, 2018 23 CITY MANAGER'S BRIEFINGS PULSE POINT- UPDATE ITEM#68204 (Continued) Anyone can register to use the PulsePoint App: PulsePoint AED App and Registry vwa•wnt • Comprehensive AED management - 0 • Citizen-facing crowdsourcing app and web form with two-step verification II i WBERCHliCEMS VB\-irginiaBeach ~°'^^'°°'s'' Here is the Implementation Timeline with the GO LIVE date of July 14: Implementation Timeline • CAD Connection: May 30 • Data Mapping: June 4-8 • Agency Testing: June 11-22 • Soft Launch: June 25 • GO LIVE: July 14 I BERCK EMS VB\irgi„ia Bea(i, 0 June 19, 2018 24 CITY MANAGER'S BRIEFINGS PULSE POINT- UPDATE ITEM#68204 (Continued) There is Potential Future Capabilities to work in conjunction with PulsePoint: Potential Future Capability First Responder App • Private property notification to EMS providers • Major incident alerting to EMS members • Routine notices and updates to subscribers IBEACH*EMS V 3�;� ��,��, litact, BEA N 1 E'. EF. _ ._ EL SER: QUESTIONS? Mayor Jones expressed his appreciation to Chief Brazle for the informative presentation. June 19, 2018 25 CITY MANAGER'S BRIEFINGS ASHVILLE PARK PHASE I AND COST PARTICIPATION AGREEMENT ITEM#68205 3:18 P.M. Mayor Jones welcomed Thomas M Leahy, Deputy City Manager. Mr. Leahy expressed his appreciation to the City Council for their continued support: Vit Virginia Beach Cost Participation Agreement: A, 4,oil Ashville Park Drainage Improvements— Phase I Cly Coun l C�aslon Br Frog-Jun o,9.2C � Thomas M.Leahy,Deputy Cky.Manager Here is the Ashville Park Chronology(2004—2012): Ashville Park Chronology (2004—2012) • 2004:Six villages approved,490 lots,474 acres,160 age-restricted • 2005:Five villages approved,499 lots,452 acres, 169 age-restricted • 2006-07:Village A&B plans approved;construction begins in Village A • 2008-10:Housing bubble bursts;City assumes ownership of streets, utilities,and stormwater system;Wells Fargo forecloses on subdivision • 2012(February):Age restriction removed from Village B; Wells Fargo conveys foreclosed property to HOFD(HomeFed) • 2012(June):Village B plans approved,construction begins • 2012(November):Stormwater problems discovered June 19, 2018 26 CITY MANAGER'S BRIEFINGS ASHVILLE PARK PHASE I AND COST PARTICIPATIONAGREEMENT ITEM#68205 (Continued) Ashville Park Chronology(2013-2017) • 2013-15:Public Works attempts to determine problems with Ashville Park stormwater system;Village A and B continue to develop • 2014:PC recommends 87 more units in Villages C,D,E(indefinite deferral) • 2015:PC recommends transfer of units amongst Villages B,C,D,&E (indefinite deferral,subject of June 19,2018 City Council agenda) • 2016(June):Public Works initiates Ashville Park stormwater model • 2016(September/October):Julia/Matthew cause record flooding • 2017:Public Works completes stormwater model:Virtually every aspect of the system has deficiencies This chart provides the Ashville Park Acreage and Unit Count Table: ASHVILLE PARK ACREAGE&UNIT COUNT TABLE scheduled FOF City Colwell ON 4111201$ 2003 1005 2011 2014 2015 APPLICATION APPEIfAATION APPLICATION APPLICATION' APPLICATION INDEFINITELY 5101115 APPROVED APPROVED APPROVED YC_, INDEFINITELY ONDEFERREDIW /201 2/24/2004 5/10/2005 2/14/2012 COUNCIL ON CITY COUNCIL ON 5/19/2015 014 AEE SIZE 414 acres 452 aces 452 acres 539 acres4524521es VILLABEA 135 135 135 335 135 16000$ I ABe 1 69 PRE 55169 164 164(-5) Rnb�M0004 ) Restricted) 9111A43E0 90 98 98 128 116018) MANE D 45 41 41 52 4403) 56 nh(,[ta MANE E e4) 56 56 R ]09 a 40(-16) VILLAGE F 56 N/A N/A N/A N/A TOTAL NUMBER OF 490 499 499 586 499 UNITS .44486848 y44.4484e4454.*•444. June 19, 2018 27 CITY MANAGER'S BRIEFINGS ASHVILLE PARK PHASE I AND COST PARTICIPATION AGREEMENT ITEM#68205 (Continued) Here is an Overview of the contributing factors that led to the stormwater drainage problems in Ashville Park: Ashville Park-How Could This Happen? • In 2004-05,a preliminary stormwater evaluation was not required prior to a rezoning decision.Stormwater design was addressed during plan review • Plan review relied upon the developer's Professional Engineer to properly design the system.The City's review was high level and geared toward insuring policies and regulations were followed • Planning&Public Works would review/comment on developer's stormwater submittals,but it was not standard practice to conduct a detailed review of the engineer's calculations. Neither department had the resources to reverse engineer the developers stormwater model(PW 2017 Ashville model took 9 months and cost$250,000) Ashville Park- How Could This Happen? • Public Works&Planning applied the same standards and followed the normal processes that they had with respect to other developments at that time • For the most part,this had worked and produced acceptable results north of the transition area • Ashville was not the first major development in the transition area, but in terms of groundwater levels,land elevations,and distances to receiving streams,stormwater solutions were more challenging • No one at the time realized the extent to which the Ashville village layout and the geophysical characteristics of the property were at odds with the construction of an acceptable stormwater system June 19, 2018 28 CITY MANAGER'S BRIEFINGS ASHVILLE PARK PHASE I AND COST PARTICIPATION AGREEMENT ITEM#68205 (Continued) Here is an Overview of the Ashville Park Stormwater Project—Phase I: Ashville Park Stormwater Project-Phase I • Flooding relief to 299 families in the existing Villages A and B.No flooding in living spaces in a 100-year storm(NOAA Atlas 14) o Water may still pond in yards and streets,but it would drain away faster (hours versus days). Some garages and cars on streets still at risk during major storms • Additional benefits with respect to more frequent precipitation events(2-year,5-year,and 10-year storms) • Phase I designed assuming that Village C has either 98 or 116 lots • Phase I will not provide the improvements necessary for Villages D and E to move forward Here is a rendering of the scope of Phase I. Mr. Leahy explained the plan for Phase I will improve the "trunk system"and drain water from the west side of the development through the east side: 'Ilir ..). • - ,-;:i4'.:,.-,:,.74.•;:, ;. r"• dAtte '----1 , 1� \..„1„. .. 001P iu ; N Cin 'It,L ..,s \. _ cr Vlrp aBeach ASHVILLE PARK DRP NAGE MPROVEMENTS PHASE I I I 4. , \\\�I I CID]tMT , .. June 19, 2018 29 CITYMANAGER'S BRIEFINGS ASHVILLE PARK PHASE I AND COST PARTICIPATION AGREEMENT ITEM#68205 (Continued) Here is the Scope of Ashville Park Drainage Improvements—Phase I. Scope of Ashville Park Drainage Improvements-Phase I • On-site Components to be constructed by Developer o Regrade Historic Farm Ditch o Three new storage BMPs(2A,10A,and 16) o Expansion of existing BMP 6 o Two new canals 10A and 15 connecting BMPs 10,10A,and 15 o Ranier Emergency Ingress/Egress • Off-site Components to be Constructed by the City 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 Here are the Details of the proposed Cost Participation Term Sheet: 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 and bank water quality credits worth$2.1 million • 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. June 19, 2018 30 CITY MANAGER'S BRIEFINGS ASHVILLE PARK PHASE I AND COST PARTICIPATION AGREEMENT ITEM#68205 (Continued) Details of Cost Participation Term Sheet • City responsible for constructing off-site components • Developer responsible for constructing on-site components • City will pay the developer for the construction of the on-site components less the Developer's cost share of$2,750,883 • If approved low bid exceeds City Cost Cap,the City has the right to re-negotiate with Developer • If approved low bid is less than 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 Details of Cost Participation Term Sheet • No building permits issued for Village C homes until the expansion of BMP 6 and BMP 16 are substantially complete e This would not preclude the Building Administrator from allowing"model- homes to be constructed(but not occupied). • No Certificate of Occupancy for any homes in Village C until developer has completed on-site components • Existing BMP's not 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 Developer must provide as-built surveys to confirm actual volume prior to acceptance and release of bonds June 19, 2018 31 CITY MANAGER'S BRIEFINGS ASHVILLE PARK PHASE I AND COST PARTICIPATION AGREEMENT ITEM#68205 (Continued) Here is an Overview of the Construction Work Items: Rem Project Cost OIF-sneycity On-sitOMPorkpv a50gau: • s9oorxa Construction BB:?:""-1:'''' xprnion 00,489,000 00,489,000 Work Items ° a_ :.::...: =w,,t':: BMP 06 0488,000 488,000 Off site work to be _ :::_-::.::.:_;"_=::_.;_ =_.:_: r.= :::r: _: :: 0398,000 performed by the °eno.is 0358000 - .:.....,.:.. ..�,.._,.,.._..a..,_-.:_+..:�T_c: im5:._'._..-_-:u.+..4]_u'"i:tj4!i:.:.:=_'_.i—i_W_; ---.. City Flne:xis Lane Pomp Station 00,930,000 00,930,000 On-site work to be __._..._.:_._-.__.._._a._ _,. _._...._.-: =s::=_ z:;_ :__ 30%D0Ygn Fee 0708,060 0708,060 performed b the ::.:.:::- ::-: : , .-:e,,.:::.:-:-:_:.:-:. -:_.,._,......_...:.:. y `<,CtiiI�PNF___-==__�_1 �=_?=?ixi?i• '-��!•rA!�1 _:=�� g=-s:__ Developer weir Design Fee 0057.736 8057,736 .-PkN: xfiSitnEiYliff,. is-:_;- ": F`-_=r�;: ----'-_=_'_-r= -- 'Based on Construction Cost :...:.`............:`.:.___....._._.......:....._.�.._....____._._..._.__._..:....._____..-_..... i:�:=�4�._'�Y.:.:9:.:':��_'i: '_Cost notpart of CPA,but Ranier EmergereyingresiEgress 00 80** dentes res nsibil' '1' g -. Po dY MiPoiit�701s �.- a '�i�,'hbdf!'tir--__a:`.i_;.iP44�, Total 800,080,796 01675,796 07,047,E Here are the Recommendations&Next Steps: Recommendations & 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 underway o Execute Cost Participation Agreement with Developer • Proceed with Final Design of pump station and Sandbridge/ New Bridge Road intersection improvements June 19, 2018 32 CITY MANAGER'S BRIEFINGS ASHVILLE PARK PHASE I AND COST PARTICIPATION AGREEMENT ITEM#68205 (Continued) DISCUSSION 4 141Y IVA ►,!1 1.111.41.1 Mayor Jones expressed his appreciation to Mr. Leahy and everyone working on this very important project. June 19, 2018 33 CITY MANA GER'S BRIEFINGS VIRGINIA AQUARIUM MARINE ANIMAL CARE CENTER ITEM#68206 4:32 P.M. Mayor Jones welcomed Tom Nicholas, Facilities Engineer - Public Works. Mr. Nicholas expressed his appreciation to the City Council for their continued support: • (#64 (3-292) VIRGINIA AQUARIU MARINE ANIMAL CARE CENTER JUNE 19, 2018 Here is the location of the existing Marine Animal Care Center: z -e EXISTING LOCATION _ • 7 1 jig 1213 Southern Boulevard 8,300 SF Leased facility June 19, 2018 34 CITY MANAGER'S BRIEFINGS VIRGINIA AQUARIUM MARINE ANIMAL CARE CENTER ITEM#68206 (Continued) Here is the location of the new Marine Animal Care Center: 4 NEW LOCATION ...„401 ..;,,, ,,,, 5.,.. ,, fite ...,r, . , _ „„ . , ,, it; ...4_,_, Y . l.,'.,.. zitfr ` ,. / - 'rata + t s y d �„,V .y - •3 'z• 1008 Bells Road 18,000 SF Facility - 3 acre site Here is an Overview of the Project Details: 5 ,i.PROJECT DETAILS CIP 3-292 VA AQ Marine Animal Care Center Design 1,251,000 Site Acquisition 1,700,000 Construction 11,093.000 Equipment----- ----- 200,000 Contingencies 1,724,000 $15,968,000 • Two buildings totaling 18,000 SF • Animal Support Building: ➢ Tanks for animal acquisitions/quarantine ➢ Stranding response ➢ Research space ➢ Laboratory space ➢ Seawater drawn from Owl's Creek • Separate Necropsy Building • Staffing ➢ 9 Full-time and 8 Part-time and approximately 75 volunteers June 19, 2018 35 CITY MANAGER'S BRIEFINGS VIRGINIA AQUARIUM MARINE ANIMAL CARE CENTER ITEM#68206 (Continued) Here are the Bid Opening Results. One bidder withdrew and the low bidder was MEB General Contractors; however, the bid exceeded the Engineer's estimate: 6 c D OPENING RESULTS March 13, 2018 Bid Opening Engineer's Estimate $11,800,000 Ritchie Curbow Construction Co. $13,389,000 MEB General Contractors $14,067,000 McKenzie Construction Corporation $14,086,972 E.T. Gresham Company $14,266,000 P.G. Harris Construction Company $14,600,000 W.M.Schlosser Company $14,877,000 Conrad Brothers of VA $15,499,000 Richie Curbow had an error in their bid and requested their bid be withdrawn. Apparent Low Bidder MEB General Contractor at$14,067,000 <�. The City Negotiated Savings of$284,326: 7 NEC* IATED SAVINGS Value Engineering Opportunities Identified Change two 4"ductile iron salt water lines to C-900 PVC $25,115 Change all metal wall panels at the rear and sides of the facility to vertical metal wall panels $17,755 Change facility roof design to an insulated metal roof panel system and a reduced layer system $113,000 Change roof framing of the facility to install the purlins on top of the rafters in lieu of being flush with the rafters $9,900 Remove one intermediate roof ply $3,850_ Change handrails on walkway from aluminum to wood handrails with galvanized welded wire fabric $19,500 Delete canopy at loading docks $17,540', Revise floor finishes-VCT at all offices and sealed concrete in lieu of sheet vinyl in the locker rooms $9,570' Change concrete paving to heavy duty asphalt paving $49,131 Change high performance coatings from Tnemec to Sherwin Williams $14,506 Delete sound baffles $4,459 Total $284,326; June 19, 2018 36 CITY MANAGER'S BRIEFINGS VIRGINIA AQUARIUM MARINE ANIMAL CARE CENTER ITEM#68206 (Continued) Here are the Current Project Costs: 8 CURRENT PROJECT C .` MEB General Contractors Original Bid _. _ _ $14,067,000 Value Engineering Items ($284,326) MEB General Contractors Revised Bid $13,782,674 Cost for Bringing NexGen Network to Site $123,664 Total Funding Need $13,906,338; Funding Available for Construction = $11,800,000 Balance To Complete $2,106,338 With completion of the Housing Resource Center, the City identified the Potential Funding Source: 9 OTENTIAL FUNDING SOUR 3-503 Housing Resource Center o"f'ON !o • EMIL e.. r `l/ • Construction Nearing Completion • Substantial Completion July 2018 3-503 Housing Resource Center Capital Project Total(FY 2018 CIP) $26,963,792 Current Funds Available $3,881,504 Construction/FF&E and Contingency required to complete $1,358,000 Potential Funds that can currently be redirected $2,523,504 June 19, 2018 37 CITY MANAGER'S BRIEFINGS VIRGINIA AQUARIUM MARINE ANIMAL CARE CENTER ITEM#68206 (Continued) Staff recommends transferring the$2.1-million from the Housing Resource Center CIP to this project: RECOMMENDATION Transfer$2,106,338 in available funding from CIP 3-503 Housing Resource Center to CIP 3-292 Marine Animal Care Center 11 Discussion Mayor Jones expressed his appreciation to Mr. Nicholas for this informative presentation. June 19, 2018 38 CITY COUNCIL COMMENTS ITEM#68207 4:40 P.M. Councilman Davenport advised he attended the funeral for Senior Pastor YD Thoroughgood at the New Jerusalem Church of God in Christ and presented the Proclamation on behalf of Mayor Jones declaring June 19, 2018 as Pastor YD Thoroughgood Day in Virginia Beach. June 19, 2018 39 CITY COUNCIL COMMENTS ITEM#68208 Councilman Davenport also recognized today as Juneteenth, commemorating the day slavery ended in the United States. June 19, 2018 40 CITY COUNCIL COMMENTS ITEM#68209 (Continued) Councilman Moss advised he would like to include in the City Legislative Package, a proposal requesting a modification to the Procurement Act based on the City Manager's discussion to score contractors who have the lowest bid while providing good and timely performance in order to give credit to the taxpayers for best value on future projects. June 19, 2018 41 CITY COUNCIL COMMENTS ITEM#68210 (Continued) Councilman Moss advised he will be at Boy Scout Camp on July 10, 2018, but will attend the Formal Session in order to vote on the Sports Center and will leave immediately at the conclusion of that item. He stated he would call, if he is running late, to give an update on his arrival time and requested the vote on the Sports Center be delayed until he arrives. June 19, 2018 42 CITY COUNCIL COMMENTS ITEM#68211 (Continued) Council Lady Wilson advised she attended the Broadband Advisory Council Meeting where a lot of discussion took place regarding the underwater sea cables coming to Virginia Beach and the effect expected for businesses across the state. June 19, 2018 43 AGENDA REVIEW SESSION ITEM#68212 4:42 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Resolution to EXTEND the City's Cable Franchise with Verizon Virginia,Inc. until the earlier of December 31, 2018, or the date on which the franchise agreement is renewed 2. Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2018, re view each street or alley proposed to be closed 3. Resolution to GRANT renewal permits re ALLOW Emergency Medical Services (EMS) Agencies to operate in the City of Virginia Beach: a. American Lifeline Medical Transport, Inc. b. American Medical Response Mid-Atlantic, Inc. c. Cardinal Ambulance Services, Inc. d. Children's Hospital of the King's Daughters e. Delta Medical Transport, Inc. f Heart Song Care Transport, Inc. g. LifeCare Medical Transports, Inc. h. Medical Transport, LLC i. Nightingale Regional Air Ambulance, Inc. j. Reliance Medical Transport, LLC k. Robbie's Ambulance Service, Inc. 1. Special Event Providers of Emergency Medicine, Inc. m. Swift Medical Transport n. Tidewater Medical Transport, Inc. 4. Resolution to RE-ADOPT the City Guidelines re considering requests made pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) 5. Ordinance to APPROVE a term sheet re Ashville Park Drainage Improvements and AUTHORIZE the City Manager to EXECUTE a Cost Participation Agreement and an Agreement of Sale and Dedication 6. Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP) easements from My III Sons, LLC at 1812 Indian River Road(Deferred Indefinitely on June 5, 2018) 7. Ordinances re compensation to City Council Appointees effective July 1, 2018: a. City Manager b. City Attorney c. City Clerk d. City Assessor e. City Auditor 8. Ordinance to APPROPRIATE$250,000 to the Virginia Beach Development Authority (VBDA) re Commonwealth Opportunity Fund Award to SANJO Virginia Beach, Inc. June 19, 2018 44 AGENDA REVIEW SESSION ITEM#68212 (Continued) 9. Ordinance to APPROPRIATE$75,000 to the Department of Housing and Neighborhood Preservation Operating Budget re Housing Choice Voucher Program 10. Ordinances to TRANSFER: a. $125,000 from Debt Service to the City Attorney Operating Budget re Arena Litigation b. $2,106,338 from the Housing Resource Center CIP to Virginia Aquarium Marine Animal Care Center CIP c. $737,500 within the Fire Department Operating Budget re reallocate health insurance costs d. $145,000 within the Juvenile Probation Department Operating Budget re support dispositional services e. $278,856 within the Department of Human Services Operating Budget re Children's Services Act Program f $491,743 within the Sheriff's Office Special Revenue Fund re payroll obligations g. $650,000 from Debt Service re cost increases associated with the Disabled Veteran and Elderly and Disabled Tax Relief Program ITEM#3 WILL BE CONSIDERED SEPARATELY COUNCIL LADY WILSON FILED A DISCLOSURE ON ITEM#3i ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#7a/b/c/d/e WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY ITEM#10a WILL BE CONSIDERED SEPARATELY June 19, 2018 45 AGENDA REVIEW SESSION ITEM#68212 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. HOFD ASHVILLE PARK,LLC for a Modification of Proffers of a Conditional Rezoning at the north and south sides of Ashville Park Boulevard(Approved on February 24, 2004, and Modified on May 10, 2005, and February 14, 2012)DISTRICT 7—PRINCESS ANNE 2. CITY OF VIRGINIA BEACH for a Modification of Conditions re borrow pit fill at 560 Oceana Boulevard(Approved August 25, 2001)DISTRICT 6—BEACH 3. NORTHAMPTON DEVELOPMENT,LLC/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK for a Conditional Change of Zoning from R-5D Residential to Conditional B-2 Community Business at the north side of Northampton Boulevard, adjacent to and east of Premium Outlets Boulevard DISTRICT 4 —BAYSIDE 4. BHC,LLC/CHRISTINE JO HERRIT for a Conditional Change of Zoning from B-2 Community Business to B-4 Mixed Use and a Conditional Use Permit re multi family dwellings at 3739 Shore Drive DISTRICT 4—BAYSIDE 5. BEACH BUILDING GROUP,INC./MCQ BUILDERS LLC-2 for Special Exemption to Alternative Compliance to the Oceanfront Resort District Form-Based Code re setback and lot width requirements at 521 &523 20`"Street DISTRICT 6—BEACH 6. GINA ARNEY/BARBARA ARNEY& KENNETH T. BAREFOOT for a Conditional Use Permit re family day-care home at 600 Iris Lane DISTRICT 4—BAYSIDE 7. VA FINISHING,LLC/SPRING BUILDING,LLCfor a Conditional Use Permit re automobile repair garage at 4990 Euclid Road DISTRICT 4—BAYSIDE 8. SAVARNAS BEAUTY SPA/AIGLON ASSOCIATES,L.P.for a Conditional Use Permit re tattoo parlor at 1860 Laskin Road, Suite 120 DISTRICT 6—BEACH 9. VALVOLINE,LLC/AHSANDBRIDGE,LLCfor a Conditional Use Permit re automobile repair garage at the western outparcel of 2105 Princess Anne Road DISTRICT 7— PRINCESS ANNE 10. HALLE PROPERTIES,LLC/GOPA TWO,LLC for a Conditional Use Permit re automobile repair garage at 4300 Virginia Beach Boulevard and 417 Thalia Road DISTRICT 5—LYNNHAVEN 11. Resolution to AUTHORIZE 3 (three)Roadside Guide Signs within the Central Business Core District re Zeiders American Dream Theatre DISTRICT 4—BAYSIDE ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY COUNCIL LADY WILSON FILED A DISCLOSURE ON ITEM#3 COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#5 VICE MAYOR WOOD FILED A DISCLOSURE ON ITEM#5 ITEM#6 WILL BE CONSIDERED SEPARATELY June 19, 2018 46 ITEM#68213 Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose, or of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Princess Anne District PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body,pursuant to Section 2.2-3711(A)(29) • Virginia Beach Community Development Corporation LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7). • Estate of India Kager v. Ferreira et al. • Internal EEO Investigation PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees • Appointee Evaluations June 19, 2018 47 ITEM#68213 (Continued) Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:46 P.M. Voting: 9-0 Council Members Voting Aye. Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane Closed Session 4:46 P.M. - 5:59 P.M. June 19, 2018 48 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 19,2018 6:00 P.M. Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, June 19, 2018, at 6:00 P.M. Council Members Present: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane Out of town— City Business INVOCATION: Bishop, Joseph King, Pastor New Beginnings Apostolic Faith Ministries 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'x' 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. June 19, 2018 49 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. June 19, 2018 50 Item—VI-E CERTIFICATION ITEM#68214 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 G�r1V+•B�q J�4 -p.cyG p`� -A:` .. 'Pp O OF OUR $0 MS RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#68213 Page 47 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. bst) A anda Barnes, MMC City Clerk June 19, 2018 51 Item—VI-F MINUTES ITEM#68215 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of June 5, 2018. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 52 Item—VI-F MINUTES ITEM#68215 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of June 12,2018. Voting: 7-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Abstaining: Jessica P.Abbott John D. Moss Council Members Absent: Shannon DS Kane June 19, 2018 53 ADOPT AGENDA FOR FORMAL SESSION ITEM#68216 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 19, 2018 54 Item - VI-H PUBLIC HEARING ITEM#68217 Mayor Jones DECLARED A PUBLIC HEARING: EXTENSION OF CABLE FRANCHISE Verizon Virginia, Inc. The following individual registered to speak: Barbara Messner, P.O. Box 514, Phone: 757-422-1902, spoke in OPPOSITION There being no additional speakers, Mayor Jones CLOSED the PUBLIC HEARING. June 19, 2018 55 Item— VI-I ORDINANCES/RESOLUTIONS ITEM#68218 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT:Agenda Items 1, 2, 6, 9, and l0b/c/d/e/f/g Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 56 Item -VI-I.1 ORDINANCES/RESOLUTIONS ITEM#68219 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to EXTEND the City's Cable Franchise with Verizon Virginia, Inc. until the earlier of December 31, 2018, or the date on which the franchise agreement 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, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 1 A RESOLUTION TO EXTEND THE CITY'S CABLE 2 FRANCHISE WITH VERIZON VIRGINIA, INC. UNTIL THE 3 EARLIER OF DECEMBER 31, 2018 OR THE DATE ON 4 WHICH THE FRANCHISE AGREEMENT IS RENEWED 5 6 WHEREAS, the City's current cable franchise agreement extension with Verizon 7 Virginia, Inc. ("Verizon") expires on June 30, 2018 (the "Franchise"); 8 9 WHEREAS, the City has been conducting a public needs assessment 10 concerning the renewal of such franchise and has been engaged with Verizon in 11 negotiations to that end; 12 13 WHEREAS, review of the needs assessment and negotiations could not be 14 concluded prior to the expiration date of the Franchise; 15 16 WHEREAS, the parties wish to extend the current franchise to December 31, 17 2018 or the date on which the Franchise is renewed, whichever first occurs, under the 18 same terms and conditions set forth in the Franchise; and 19 20 WHEREAS, the requested extension will not affect Verizon's customers, except 21 to allow them to continue to receive fiber optic cable television (FiOS) from Verizon. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized and directed to execute on behalf of 27 the City all of the documents necessary to extend the Franchise to December 31, 2018. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of 30 June , 2018. APPROVED AS TO CONTENT APPROVED AS TO LEGAL D SUFFICIENCY RM s Information Technology ,- City Attorney CA14229 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d023\p028\00475583.doc R-1 June 7, 2018 57 Item -VI-I.2. ORDINANCES/RESOLUTIONS ITEM#68220 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2018, re view each street or alley proposed to be closed Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2018, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2018 and ending June 30, 2019. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2018 and ending June 30, 2019, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of June , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . i itt ►. i � �Z Departmen o Planning � City Attorney's's Off CA14450 R-1 June 5, 2018 58 Item -VI-L3 ORDINANCES/RESOLUTIONS ITEM#68221 Barbara Messner, P.O. Box 514, Phone: 757-422-1902, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, Resolution to GRANT renewal permits re ALLOW Emergency Medical Services (EMS) Agencies to operate in the City of Virginia Beach: a. American Lifeline Medical Transport, Inc. b. American Medical Response Mid-Atlantic, Inc. c. Cardinal Ambulance Services, Inc. d. Children's Hospital of the King's Daughters e. Delta Medical Transport, Inc. f Heart Song Care Transport, Inc. g. LifeCare Medical Transports, Inc. h. Medical Transport, LLC i. Nightingale Regional Air Ambulance, Inc. j. Reliance Medical Transport, LLC k. Robbie's Ambulance Service, Inc. 1. Special Event Providers of Emergency Medicine, Inc. m. Swift Medical Transport n. Tidewater Medical Transport, Inc. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane *Council Lady Wilson filed a disclosure for#i-Nightingale Regional Air Ambulance, Inc. June 19, 2018 1 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN 2 EMERGENCY MEDICAL SERVICES AGENCIES TO 3 OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 6 an emergency medical services agency or any emergency medical services vehicle within 7 the City must first obtain a permit from City Council, and such permits must be renewed on 8 a biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the following 11 agencies: American Lifeline Medical Transport, Inc.; American Medical Response Mid- 12 Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the King's 13 Daughters; Delta Medical Transport, Inc.; Heart Song Care Transport, Inc.; LifeCare 14 Medical Transports, Inc.; Medical Transport, LLC; Nightingale Regional Air Ambulance, 15 Inc.; Reliance Medical Transport, LLC; Robbie's Ambulance Service, Inc.; Special Event 16 Providers of Emergency Medicine, Inc.; Swift Medical Transport; and Tidewater Medical 17 Transport, Inc.; and 18 19 WHEREAS, the above-listed private ambulance agencies perform services not 20 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 21 transports, which include both basic and advance life support calls. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 24 VIRGINIA BEACH; 25 26 1. That the City Council hereby grants renewed permits to the following agencies: 27 28 American Lifeline Medical Transport, Inc.; American Medical Response Mid- 29 Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the 30 King's Daughters; Delta Medical Transport, Inc.; Heart Song Care Transport, 31 Inc.; LifeCare Medical Transports, Inc.; Medical Transport, LLC; Nightingale 32 Regional Air Ambulance, Inc.; Reliance Medical Transport, LLC; Robbie's 33 Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; 34 Swift Medical Transport; and Tidewater Medical Transport, Inc. 35 36 2. That these permits shall be effective from July 1, 2018 to June 30, 2020; and 37 Adopted by the City Council of the City of Virginia Beach,Virginia, on this 19th day of June , 2018. This ordinance goes into effect July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Kevin Lip- omb, Division Chief Elizabeth Bradley D Jarnette Emergency Medical Services City Attorney's Office CA14440 R-2 June 8, 2018 4 z3 1* y City (I V i r zri i 13 1i t i a- t., • ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 In Reply Refer to 0063199 June 19, 2018 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on a resolution to grant permits allowing certain emergency medical services agencies to operate in the City of Virginia Beach. 2. One of those agencies—Sentara Healthcare/Sentara Nightingale Regional Air Ambulance—has disclosed that Dixon Hughes Goodman is one of its service providers. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in Council's discussion and vote on this application, upon disclosure of this interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- June 19, 2018 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, itgaZ- Rosemary A. W on RAW/RRI 59 Item -VI-I.4 ORDINANCES/RESOLUTIONS ITEM#68222 Barbara Messner, P.O. Box 514, Phone: 757-422-1902, spoke in OPPOSITION Upon motion by Councilman Dyer, seconded by Vice Mayor Wood, City Council ADOPTED, Resolution to RE-ADOPT the City Guidelines re considering requests made pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) Voting: 7-2 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Jessica P. Abbott John D. Moss Council Members Absent: Shannon DS Kane June 19, 2018 1 A RESOLUTION RE-ADOPTING THE CITY 2 GUIDELINES FOR CONSIDERING 3 REQUESTS MADE PURSUANT TO THE 4 PUBLIC-PRIVATE EDUCATION FACILITIES 5 AND INFRASTRUCTURE ACT OF 2002 6 7 WHEREAS, the Public-Private Education Facilities and Infrastructure Act of 2002 8 ("Act") has the potential, in certain cases, to provide for the construction of public 9 facilities more quickly and at a lower cost; and 10 11 WHEREAS, for the City Council to be able to consider proposals from private 12 entities for approval of qualifying projects under the Act, guidelines must be established 13 that enable the City to comply with the provisions of the Act; and 14 15 WHEREAS, the City Council adopted "City of Virginia Beach Guidelines Pursuant 16 to the Public-Private Education Facilities and Infrastructure Act of 2002," on June 24, 17 2003, and re-adopted such Procedures on July 7, 2009. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the City Council hereby re-adopts the "City of Virginia Beach 23 Guidelines Pursuant to the Public-Private Education Facilities and Infrastructure Act of 24 2002," attached as Exhibit A, as the procedures that will be followed in considering all 25 requests from private entities for approval of qualifying projects under the Act. 26 27 2. That the City's Purchasing Agent is hereby directed to make these 28 Guidelines publicly available, which shall include posting them in Purchasing Division 29 offices and on the City's website. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19th day of June , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Dep6-2+,4\C-34,k1,1, rt ent ' CityAttorn-y's Office CA14097 R-2 June 8, 2018 EXHIBIT A City of Virginia Beach Guidelines Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002, as amended Va. Code § 56-575.1, et seq. [Note: The procedural portion of the document is the following seven pages. The appendices are provided for assistance in the form of template or reference to applicable sections of the PPEA.] Adopted by the City Council I. Introduction The Public-Private Education Facilities and Infrastructure Act of 2002, Va. Code Ann. §§ 56-575.1, et. seq. (the -PPEA-), grants a public entity the authority to create public-private partnerships for the development of a wide range of projects for public use if the public entity determines that there is a need for a project and that private involvement may provide the project to the public in a timely or cost-effective fashion. The definition of"public entity' in § 56-575.1 of the PPEA includes, inter alia, any political subdivision of the Commonwealth such as the City of Virginia Beach (the "City"). The PPEA is a method of project delivery, and as such, it should be viewed in the context of other methods by which the City procures items that are defined as ``qualifying project' by the PPEA. For reference, a complete list of the PPEA Definitions is attached hereto as Appendix 1. The PPEA incorporates certain requirements from the Virginia Public Procurement Act (the -VPPA-), and for items not incorporated or referenced, the PPEA is exempted from the requirements of the VPPA. In order for a project to come under the PPEA, it must meet the definition of a "qualifying project." The PPEA contains broad definitions of"qualifying project." The PPEA defines "responsible public entity' as "a public entity that has the power to develop or operate the applicable qualifying project." Typically, the City will be the "responsible public entity" under the PPEA for any project, but it is possible for a qualifying project to include the Virginia Beach City Public Schools or the City of Virginia Beach Development Authority. Proposals may be made that are for a "mixed" project (for example, projects including both public parks and a school), where, for certain components, the City may be the responsible public entity, and for certain components, the School Board may be the responsible public entity. The City Manager and all officers and employees of the City shall follow the PPEA and this policy in any PPEA procurement in which they are involved. The City Manager may delegate his or her duties under this policy to members of staff. The City Manager may designate a working group to review and evaluate any proposal submitted pursuant to these guidelines. The City Manager shall require as a condition of accepting any proposal for consideration that the proposer agree to be bound by all the terms and conditions of these Guidelines. II. Project Delivery The PPEA allows receipt of unsolicited proposals for a qualifying project. The PPEA also allows solicited proposals. For purposes of outlining project delivery steps, a process initiated by an unsolicited proposal will have an additional step at the beginning, which is the receipt of an unsolicited proposal and decision to accept that unsolicited proposal. Accordingly, the following steps shall apply for any PPEA project. 1 A. Unsolicited Proposal an Initiating Step The PPEA permits the City to receive and evaluate unsolicited proposals from private entities to acquire, design, construct, improve, renovate, expand, equip, maintain, finance, or operate a qualifying project. The City's general policy is to reserve acceptance of unsolicited proposals for cases of truly innovative ideas, because, in other cases, traditional procurement processes are generally viewed as more likely to achieve full and open competition from the bidding community. Additionally, the City discourages unsolicited proposals for capital projects when the City has already paid for design of the qualifying project because such a proposal will duplicate work. Accordingly, the City will likely reject an unsolicited proposal that lacks truly innovative ideas or are for a project wherein the design is underway or completed. To be considered, one original and nine (9) copies of any unsolicited proposal must be submitted to the City's Purchasing Agent, at 2388 Liberty Way, Virginia Beach, Virginia, 23456. While the City reserves the right to charge a review fee as permitted by the PPEA, these Guidelines do not require a fee at this time. The unsolicited proposal shall take the form of a conceptual proposal, which is described in detail in Appendix 2. The City Manager, in his sole discretion, may accept an unsolicited proposal. The City Manager is strongly encouraged to consult the City Council prior to acceptance of an unsolicited proposal to allow the Council to appoint liaisons for the project or provide guidance. Alternatively, the City Council may direct the City Manager to accept an unsolicited proposal. For a qualifying project that is within the purview of a Constitutional Officer, the Purchasing Agent and the Constitutional Officer shall consult prior to acceptance of an unsolicited proposal, but the decision to accept such a proposal will be with the Constitutional Officer. If the City Manager determines not to accept an unsolicited proposal,' the proposal shall be returned to the proposer, together with accompanying documentation or copies. For an unsolicited proposal that purports to develop specific cost savings, the City Manager shall specify the basis for the rejection in writing. If the City Manager accepts an unsolicited proposal, the City shall establish a place upon its website for the project (the "Project Page"), and this website will serve as the place for postings, notices, and related materials for such project. Upon acceptance, the City shall post the proposal and publish the notice requesting competing proposals. The Purchasing Agent shall create a summary of the proposed project and the accepted proposal, which does not divulge proprietary portions of the accepted proposal. Prior to posting, the Office of the City Attorney shall review any request to protect information in the proposal that the proposer sought to withhold from posting. Any potential proposer is encouraged to seek review of such information prior to submission of a proposal. The posting shall occur within 10 business days of the decision to accept the proposal. The posting shall include a contact person to receive public input on the concept. Additionally, at least one copy of the nonproprietary unsolicited proposal will be made available for public inspection. ' Proposers should be mindful of Va FOIA Advisory Opinion, AO-07-17, issued October 19, 2017, which provides that the nonproprietary portion of unsolicited proposal is subject to disclosure pursuant to FOIA while it is in the possession of the City and prior to action by the City to accept or reject such proposal. 2 B. Solicitation of Conceptual Proposals or Notice of Acceptance of Unsolicited Proposal The City may solicit proposals for any qualifying project by means of a solicited PPEA, which usually is initiated by a Request for Proposals (the "RFP"). Alternatively, if the City Manager has accepted an unsolicited proposal, the City will publish a notice of acceptance of an unsolicited proposal that requests competing conceptual proposals. The Notice or the RFP shall: • Identify the qualifying project specifically or conceptually; • Provide a deadline for the submission of competing proposals, which shall be at least 60 days from the notice or solicitation; • Provide any other conditions for the submission of competing proposals; • Provide additional information regarding the project, as needed, and to whom questions regarding the notice or solicitation may be directed. The notice or RFP shall be posted on the Project Page and in a manner consistent with the posting of other City procurement solicitations. Any changes of deadline or clarifying question(s) and answer(s) shall be posted on the Project Page, and the posting of such additional information or extensions shall not require additional newspaper advertisements. The costs of completion of proposals shall be the sole responsibility of the proposer(s). Contemporaneous with the notice or solicitation, the City Manager shall document in writing the decision to proceed with either competitive sealed bidding or competitive negotiation as described by the VPPA. The use of competitive negotiation requires a determination, in writing, that doing so is likely to be advantageous to the City and the public based upon either (i) the probable scope, complexity or priority of the project; (ii) the risk sharing including guaranteed cost or completion guarantees, added value or debt or equity investments proposed by the private entity; or (iii) an increase in funding, dedicated revenue source or other economic benefit from the project would not otherwise be available. The scoring methodology need not be completed at this time, but the methodology will be disseminated prior to or contemporaneously with the request for detailed proposals. C. Conceptual Proposal Stage Only proposals complying with the requirements of the PPEA and these Procedures that contain sufficient information for a meaningful evaluation and that are provided in an appropriate format, as described herein, will be considered by the City for further review at the conceptual stage. At least one copy of the nonproprietary proposal shall be made available for public inspection. A scan of the nonproprietary portions of the conceptual proposals will be posted on the Project Page within 10 business days of initiation of review. If the City Attorney has issued a written determination regarding nonproprietary portions, that letter shall be posted with the proposal. The posting shall include a contact person to receive public input on the concept. The Purchasing Agent shall create a summary of each proposal, which does not divulge proprietary portions of the accepted proposal. After reviewing an unsolicited proposal and any competing proposals submitted, the City Manager may determine: (a) not to proceed further with any proposal; (b) to proceed to the detailed phase of review of one or more of the proposers; or 3 (c) to request modifications or amendments to any proposals. However, the City Manager may not proceed to the detailed phase with only one proposer unless the Manager has determined in writing that only one proposer is qualified or that the only proposer to be considered is clearly more highly qualified than any other proposer. D. Detailed Proposal Stage The decision to proceed to the detailed phase shall include sending a request for detailed proposals to the chosen proposers. The costs of completion of such proposal shall be the sole responsibility of the proposer(s). Unless otherwise provided in its request, the required components of a detailed proposal are provided in Appendix 3. The complexity of the request will vary substantially depending on the nature of the project and whether the project includes financing, long-term operations, acquisition of real property, or other complicated components. The decision as to whether to use the financing plan contained in any proposal is at the City's sole discretion. If the project is principally the design and construction of a facility, the City may include the form contract utilized in other City construction projects. Similarly, the City may include a form lease or similar document to allow proposers to comment upon such form agreement. Only detailed proposals complying with the request for detailed proposals will be considered by the City. The request for detailed proposals shall provide the method of evaluation, including specifying the factors that will be used in evaluating the proposals and whether numerical scoring will be used in evaluating the proposals. A demonstrative list of evaluation criteria is provided in Appendix 4. If the City proceeds to the detailed phase with only one proposer, the detailed phase may, at the sole discretion of the City, be the initiation of negotiation of an interim or comprehensive agreement. If expressly approved by the City Council, the City Manager may include a proposal payment in a fixed amount as an enticement for proposers to submit a detailed proposal. Such proposal payment would be paid to unsuccessful proposers that submit a detailed proposal, and the payment is conditioned upon the City retaining the right to use technical solutions, design concepts, and any other proprietary information contained in the unsuccessful detailed proposal. After review of the detailed proposals and at least 30 days prior to execution of any interim or comprehensive agreement, the City shall hold a public hearing to allow public comment upon the proposals. E. Agreement Negotiation Stage If the review of the detailed proposals provides a preferred proposer or multiple preferred proposers or if the project includes severable components, the City Manager may begin negotiation of a comprehensive agreement. Alternatively, if negotiation is required with one or more proposers to ascertain a meaningful evaluation of the total cost of the project, the City Manager may negotiate deal terms with more than one proposer in an effort to ascertain a preferred proposer. 4 If there are work items required before a determination of the preferred proposer for a comprehensive agreement, the Manager may negotiate an interim agreement. Alternatively, an interim agreement may take the form of a term sheet if such a document is necessary and proper for the private party to secure or obtain a commitment for financing. The work items in an interim agreement may include: project planning and development; design and engineering; environmental analysis and mitigation; survey; ascertainment of financing through financial and revenue analysis; establishment of a process and timing of the negotiation of a comprehensive agreement. Because of the required approvals and its tendency to limit competition, the use of an interim agreement may not be applicable or desirable for certain projects. The PPEA legislation includes items provided for in a comprehensive agreement in §56- 575.9. This list is reproduced in Appendix 5. Once an interim or comprehensive agreement's material terms have been identified and agreed to in principle between the City and the private entity, the City Manager shall brief the City Council and provide a recommendation. If the Council concurs with such recommendation, the City Attorney shall prepare a resolution for the Council to consider. After an interim or comprehensive agreement has been negotiated in substantially completed form, a copy of the agreement shall be posted on the Project Page. This posting of the agreement should occur at least 30 days prior to the execution of the agreement, and non- material changes to the posted agreement do not require renewing the aforementioned 30-day posting period. The posting shall include a contact person for submission of public input. The public input shall be gathered and transmitted to the City Council prior to the requested action to approve an interim or comprehensive agreement. While the posting of the agreement is to occur at least 30 days prior to execution, nothing herein shall restrain the Council from approving an interim or comprehensive agreement at the formal meeting immediately prior to the end of the 30 day period. F. Required Approvals A resolution authorizing the City Manager to execute an interim agreement or a comprehensive agreement shall follow the normal Council agenda process. An example of the form of an authorizing resolution for a comprehensive agreement is provided in Appendix 6. Additional approvals may be required if the project requires the transfer of land, the lease of real property for a period of more than five years, or other actions for which specific action by the Council is required. As required by Va. Code § 56-575.9.F., when the City Council enters into an agreement pursuant to the PPEA, a copy should be submitted to the Auditor of Public Accounts within 30 days. Additionally, executed agreements shall be posted on the Project Page. III. Additional Considerations A. Protests A protest of a PPEA award may be initiated after the City Council authorizes the execution of a comprehensive agreement. Prior to such authorization, there is no award from which a protest may be made. The timelines and procedure for any such protest shall follow the VPPA procedure applicable to City procurement awards. 5 B. Governing Provisions In the event of any conflict between these Guidelines and the PPEA, the terms of the PPEA shall control. C. Participation of Small and Minority-Owned Businesses The City Council's policy is to facilitate participation of small businesses and businesses owned by women and minorities in its procurement transactions, including procurement transactions under the PPEA. Private entities making proposals to the City Council pursuant to the PPEA should ensure that efforts are made to facilitate participation of small businesses and businesses owned by women and minorities as part of their proposals. Subcontracting plans in accordance with the City"s Small Business Enhancement Program shall be included with a detailed proposal. D. Use of Public Funds Virginia constitutional and statutory requirements as they apply to appropriation and expenditure of public funds apply to any interim agreement or comprehensive agreement entered into under the PPEA. Accordingly, the processes and procedural requirements associated with the expenditure or obligation of public funds shall be incorporated into planning for any PPEA project or projects. E. The Virginia Freedom of Information Act. 1. Any confidential and proprietary information provided to a responsible public entity by a private entity pursuant to the PPEA shall be subject to disclosure under the Virginia Freedom of Information Act ("FOIA-) except as provided by § 56-575.4(G) of the PPEA. 2. To prevent the release of any confidential and proprietary information that otherwise could be held in confidence pursuant to § 56-575.4(G) of the PPEA, the private entity submitting the information must (i) invoke the exclusion from FOIA when the data or materials are submitted to the CITY or before such submission, (ii) identify the data and materials for which protection from disclosure is sought, and (iii) state why the exclusion from disclosure is necessary. A private entity may request and receive a determination from the Office of the City Attorney ("City Attorney"") as to the anticipated scope of protection prior to submitting the proposal in accordance with § 2.2-3705.6(11). If a private entity fails to designate trade secrets, financial records, or other confidential or proprietary information for protection from disclosure, such information, records or documents may be subject to disclosure under FOIA of posting of proposals. 3. Proposers should be aware that the Virginia Freedom of Information Advisory Council has opined that the nonproprietary portions of an unaccepted unsolicited proposal are subject to disclosure pursuant to FOIA. 4. Upon receipt of a request from a private entity that designated portions of a proposal be protected from disclosure as confidential and proprietary, the City Attorney will determine whether such protection is appropriate under applicable law and, if appropriate, the scope of such appropriate protection, and shall communicate its determination to the private entity. If the 6 determination regarding protection or the scope thereof differs from the private entity's request, then the City shall afford the private entity a reasonable opportunity to clarify and justify its request. Upon a final determination by the City Attorney to provide less protection than requested by the private entity, the private entity shall be given an opportunity to withdraw its proposal. A proposal so withdrawn will be treated in the same manner as a proposal not accepted. 5. The City may withhold from disclosure memoranda, staff evaluations, or other records prepared by the City, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals where (i) if such records were made public prior to or after the execution of an interim or a comprehensive agreement, the financial interest or bargaining position of the City would be adversely affected, and (ii) the basis for the determination is documented in writing by the City. Cost estimates relating to a proposed procurement transaction prepared by or for the City shall not be open to public inspection. 6. The City may not withhold from public access: (a) procurement records other than those subject to the written determination of the City; (b) information concerning the terms and conditions of any interim or comprehensive agreement, service contract, lease, partnership, or any agreement of any kind entered into by the City and the private entity; (c) information concerning the terms and conditions of any financing arrangement that involves the use of any public funds; or (d) information concerning the performance of any private entity developing or operating a qualifying transportation facility or a qualifying project. However, to the extent that access to any procurement record or other document or information is compelled or protected as required by law, then the City shall comply with such order. F. Timelines for Selecting Proposals and Negotiating Agreements and Accelerated Timelines for Priority Qualifying Facilities Normal expected timelines for selecting proposals and negotiating an interim agreement or comprehensive agreement are set out in Appendix 7. There is a separate timeline for unsolicited proposals that takes into account the additional time required by that process. For projects deemed a priority by the City, the portion of timelines related to selection, review, and documentation may be accelerated. The City should generally adhere to these timelines in PPEA procurements, but the City may deviate from them when it is in its interests to do so. 7 APPENDIX 1: DEFINITIONS "Affected jurisdiction" means any county, city or town in which all or a portion of a qualifying project is located. "Appropriating body" means the body responsible for appropriating or authorizing funding to pay for a qualifying project. "Commission" means the State Corporation Commission. "Comprehensive agreement" means the comprehensive agreement between the private entity and the responsible public entity required by § 56-575.9. "Develop" or "development" means to plan, design, develop, finance, lease, acquire, install, construct, or expand. "Interim agreement" means an agreement between a private entity and a responsible public entity that provides for phasing of the development or operation, or both, of a qualifying project. Such phases may include, but are not limited to, design, planning, engineering, environmental analysis and mitigation, financial and revenue analysis, or any other phase of the project that constitutes activity on any part of the qualifying project. "Lease payment" means any form of payment, including a land lease, by a public entity to the private entity for the use of a qualifying project. "Material default" means any default by the private entity in the performance of its duties under subsection E of§ 56-575.8 that jeopardizes adequate service to the public from a qualifying project. "Operate" means to finance, maintain, improve, equip, modify, repair, or operate. "Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership,joint venture, business trust, public benefit corporation, non-profit entity, or other business entity. "Public entity" means the Commonwealth and any agency or authority thereof, any county, city or town and any other political subdivision of the Commonwealth, any public body politic and corporate, or any regional entity that serves a public purpose. "Qualifying project" means (i) any education facility, including,but not limited to a school building, any functionally related and subordinate facility and land to a school building (including any stadium or other facility primarily used for school events), and any depreciable Appendix 1 - 1 property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure, services, and applications, including,but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any services designed to increase the productivity or efficiency of the responsible public entity through the use of technology or other means, (viii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; (ix) any improvements necessary or desirable to any unimproved locally- or state-owned real estate; or(x) any solid waste management facility as defined in § 10.1-1400 that produces electric energy derived from solid waste. "Responsible public entity" means a public entity that has the power to develop or operate the applicable qualifying project. "Revenues" means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project, including without limitation, money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility. "Service contract" means a contract entered into between a public entity and the private entity pursuant to § 56-575.5. "Service payments" means payments to the private entity of a qualifying project pursuant to a service contract. "State" means the Commonwealth of Virginia. "User fees" mean the rates, fees or other charges imposed by the private entity of a qualifying project for use of all or a portion of such qualifying project pursuant to the comprehensive agreement pursuant to § 56-575.9. Appendix 1 - 2 APPENDIX 2: CONCEPTUAL PROPOSAL SUBMISSION Conceptual Proposal Preparation and Submission The City requires that proposals at the conceptual stage contain information in the following areas: (1) qualifications and experience, (2) project characteristics, (3) project financing, but only if public financing is unavailable or potentially less advantageous, (4) project benefit and compatibility. The City may reasonably request additional information from any proposer. All potential proposers should be mindful that there is a legal requirement to post conceptual proposals. As such, any protections sought pursuant to Va. Code § 2.2-3705.6(11) should be undertaken prior to posting. An unsolicited proposal shall include an executive summary not designated as "Confidential-Not Releasable under VaFOIA" that describes the proposed qualifying project sufficiently so that potential competitors can reasonably formulate meaningful competing proposals from a review of the summary and publicly-available information. Unless otherwise indicated in the solicitation or Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals, as applicable, conceptual-phase proposals should contain the information indicated below in the format indicated below: TAB 1: Qualifications and Experience • Identify the legal structure of the private entity making the proposal. Identify the organizational structure for the project, the management approach, and how each participant in the structure fits into the overall team. If the private entity that would be signing any comprehensive agreement would be a corporation, limited liability company, limited partnership, or an entity formed especially for the project, and if the proposer is relying at all on the past experience, name, or financial statements of any other person or entity to show the private entities' capabilities and responsibility, state what guaranty of performance will be provided by such other persons or entities. • Describe the experience of the entities making the proposal, the key principals and project managers involved in the proposed project including experience with projects of comparable size and complexity, including prior experience bringing similar projects to completion on budget and in compliance with design, land use, service and other standards. Describe past safety performance and current safety capabilities. Describe the past technical performance history on recent projects of comparable size and complexity, including disclosure of any legal claims relating to such projects. Describe the length of time in business, business experience, public sector experience, and other engagements. Include the identity of any firms that will provide design, construction and completion guarantees and warranties, and a description of such guarantees and warranties. • For each firm or major subcontractor that will be utilized in the project, provide a statement listing the firm's prior projects and clients for the past 3 years and contact information for same (name, address, telephone number, e-mail address). If a firm has worked on more than ten (10) projects during this period, it may limit its prior project list to ten (10), but shall first include all projects similar in scope and size to the proposed project and, second, it shall include Appendix 2 - 1 as many of its most recent projects as possible. Each firm or major subcontractor shall be required to submit all performance evaluation reports or other documents, which are in its possession evaluating the firm's performance during the preceding three years in terms of cost, quality, schedule maintenance, claims, change orders, lawsuits, safety and other matters relevant to the successful project development, operation, and completion. • Provide the names, prior experience, addresses, telephone numbers and e-mail addresses of persons within the firm or who will be directly involved in the project or who may be contacted for further information. • Provide the current or most recent financial statements of the firm (audited financial statements to the extent available), and if the firm is a joint venture, limited liability company, partnership or entity formed specifically for this project, provide financial statements (audited if available) for the firm's principal venturers, members, partners, or stockholders that show that the firm or its constituents have appropriate financial resources and operating histories for the project. • Identify any persons known to the proposer who would be obligated to disqualify themselves from participation in any transaction arising from or in connection to the project pursuant to The Virginia State and Local Government Conflict of Interest Act, Chapter 31 (Va. Code § 2.2-3100, et seq.). • Identify the proposed plan for obtaining sufficient numbers of qualified workers in all trades or crafts required for the project. • For each firm or major subcontractor that will perform construction and/or design activities, provide an accurately completed Commonwealth of Virginia Department of General Services (DGS) Form 30-168, or successor form. • Describe efforts to facilitate participation of small businesses and businesses owned by women and minorities and the success of those efforts for the project. TAB 2: Project Characteristics • Provide a description of the project, including the conceptual design. Describe the proposed project in sufficient detail so that type and intent of the project, the location, and the communities that may be affected are clearly identified. • Identify and fully describe any work to be performed by the City or any other public entity. • Include a list of all federal, state and local permits and approvals required for the project and a schedule for obtaining such permits and approvals. • Identify any anticipated adverse social, economic, environmental and transportation impacts of the project measured against the City's or other affected jurisdiction's comprehensive land use plan and applicable ordinances and design standards. Specify the strategies or actions to mitigate known impacts of the project. Indicate if an environmental and archaeological assessment has been completed. Appendix 2 - 2 • Identify the projected positive social, economic, environmental and transportation impacts of the project measured against the City's or other affected jurisdiction's comprehensive land use plan and applicable ordinances and design standards. • Identify the proposed schedule for the work on the project, including sufficient time for the City's review and the estimated time for completion. • Identify contingency plans for addressing public needs in the event that all or some of the project is not completed according to projected schedule. • Propose allocation of risk and liability, and assurances for timely completion of the project. • State assumptions related to ownership, legal liability, law enforcement and operation of the project and the existence of any restrictions on the City's use of the project. • Provide information relative to phased openings of the proposed project. • Describe any architectural, building, engineering, or other applicable standards that the proposed project will meet. TAB 3: Project Financing • Provide a preliminary estimate and estimating methodology of the cost of the work by phase, segment (e.g., design, construction, and operation), or both. • Submit a plan for the development, financing and operation of the project showing the anticipated schedule on which funds will be required. Describe the anticipated costs of and proposed sources and uses for such funds, including any anticipated debt service costs. The operational plan should include appropriate staffing levels and associated costs. Include any supporting due diligence studies, analyses, or reports. • Include a list and discussion of assumptions underlying all major elements of the plan. Assumptions should include all fees associated with financing given the recommended financing approach, including but not limited to, underwriter's discount, placement agent, legal, rating agency, consultants, feasibility study and other related fees. A complete discussion or interest rate assumptions should be included given current market conditions. Any ongoing operational fees should also be disclosed, as well as any assumptions with regard to increases in such fees and escalator provision to be required in the Comprehensive Agreement. • Identify the proposed risk factors and methods for dealing with these factors. Describe methods and remedies associated with any financial default. • Identify any local, state or federal resources that the proposer contemplates requesting for the project along with an anticipated schedule of resource requirements. Describe the total commitment, if any, expected from governmental sources and the timing of any anticipated commitment, both one-time and on-going. • Clearly describe the underlying support and commitment required by the City under your recommended plan of finance. Include your expectation with regard to the City providing its general obligation or moral obligation backing. Appendix 2 - 3 • Identify any dedicated revenue, source or proposed debt or equity investment on behalf of the private entity submitting the proposal. TAB 4: Project Benefit and Compatibility • Identify community benefits, including the economic impact the project will have on the local community in terms of amount of tax revenue to be generated for the City or other affected jurisdiction, the number jobs generated for area residents and level of pay and fringe benefits of such jobs, and the number and value of subcontracts generated for area subcontractors. • Identify any anticipated public support or opposition, as well as any anticipated government support or opposition (including that in any affected jurisdiction), for the project. • Explain the strategy and plans, including the anticipated timeline that will be carried out to involve and inform the general public, business community, and governmental agencies in areas affected by the project. • Describe any anticipated significant benefits to the community and the City, including anticipated benefits to the economic, social, environmental, transportation, Comprehensive Plan, etc., condition of the City and whether the project is critical to attracting or maintaining competitive industries and businesses to the City or other affected jurisdiction. • Describe the project's compatibility with the City's and/or affected jurisdiction's local comprehensive plan (including related environmental, land use and facility standards ordinances, where applicable), infrastructure development plans, transportation plans, the capital improvements plan and capital budget or other government spending plan. TAB 5: Any additional information as the City may reasonably request and certifications The City may reasonably request additional information from any proposer. Additionally, the proposal shall provide the following certification and distribution of the proposal: 1. Certification: Representations, information and data supplied in, or in connection with, proposals play a critical role in the competitive evaluation process and in the ultimate selection of a proposal by the City. Accordingly, as part of any proposal, the proposer shall certify that all material representations, information and data provided in support of, or in connection with, its proposal are true and correct. Such certification shall be made by authorized individuals who are principals of the proposer and who have knowledge of the information provided in the proposal. In the event that material changes occur with respect to any representations, information or data provided for a proposal, the proposer shall immediately notify the City of the same. 2. Distribution to Affected Jurisdictions: Any private entity submitting a conceptual or detailed proposal to the City must provide any affected jurisdiction with a copy of the private entity's proposal by certified mail, express delivery or hand delivery. In the case of solicited proposals, such copy should be submitted to any affected jurisdiction to ensure its receipt at the time proposals are due to be submitted to the City. In the case of Appendix 2 - 4 unsolicited proposals, such copy should be submitted to any affected jurisdiction to ensure its receipt within 5 business days after receiving notice from the City that the City has decided to accept the proposal pursuant to Section 6.1.1 hereof. Any affected jurisdiction shall have 60 days from the receipt of the proposal to submit written comments to the City and to indicate whether the proposed qualifying project is compatible with the jurisdiction's (i) comprehensive plan, (ii) infrastructure development plans, and (iii) capital improvements budget or other government spending plan. The City shall give consideration to comments received in writing within the 60-day period, and no negative inference shall be drawn from the absence of comment by an affected jurisdiction. The City may begin or continue its evaluation of any such proposal during the 60-day period for affected jurisdictions to submit comments. Appendix 2 - 5 APPENDIX 3: DETAILED PROPOSAL SUBMISSION If the City decides to proceed to the detailed phase of review with one or more proposals, the following information, along with an executive summary of the proposal at its beginning, should be provided by the private entity unless waived by the City Manager: 1. A topographical map (1:2,000 or other appropriate scale) depicting the location of the proposed project. 2. Conceptual site plan indicating proposed location and configuration of the project on the proposed site; 3. Conceptual (single line) plans and elevations depicting the general scope, appearance and configuration of the proposed project; 4. Detailed description of the proposed participation, use and financial involvement of the City. Include the proposed terms and conditions for the project, 5. A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of the plans of the proposer to accommodate such crossings. 6. Information relating to the current plans for development of facilities that are similar to the qualifying project being proposed by the private entity in any affected jurisdiction; 7. A statement and strategy setting out the plans for securing all necessary property and/or easements. The statement must include the names and addresses, if known, of the current owners of the subject property as well as a list of any property the proposer intends to request the City or affected jurisdiction to condemn. 8. A detailed listing of all firms, along with their relevant experience and abilities, that will provide specific design, construction and completion guarantees and warranties, and a brief description of such guarantees and warranties along with a record of any prior defaults for performance. 9. A total life-cycle cost, including maintenance, specifying methodology and assumptions of the project or projects including major building systems (e.g., electrical, mechanical, etc.), and the proposed project start date. Include anticipated commitment of all parties; equity, debt, and other financing mechanisms; and a schedule of project revenues and project costs. The life-cycle cost analysis should include, but not be limited to, a detailed analysis of the projected return, rate of return, or both, expected useful life of facility and estimated annual operating expenses using City adopted service levels and standards. 10. A detailed discussion of assumptions about user fees or rates, lease payments and other service payments, and the methodology and circumstances for changes, and usage of the projects over the useful life of the projects. Appendix 3 - 1 11. Identification of any known government support or opposition, or general public support or opposition for the project or financing thereof. Government or public support should be demonstrated through resolution of official bodies, minutes of meetings, letters, or other official communications. 12. Demonstration of consistency with appropriate City and/or affected jurisdiction comprehensive plans (including related environmental, land use and facility standards ordinances, where applicable), infrastructure development plans, transportation plans, the capital improvement plan and capital budget, or indication of the steps required for acceptance into such plans. 13. Explanation of how the proposed project would impact the City's or affected jurisdictions' development plans. 14. Description of an ongoing performance evaluation system or database to track key performance criteria, including but not limited to, schedule, cash management, quality, worker safety, change orders, and legal compliance. 15. Identification of any known conflicts of interest or other factors that may impact the City's consideration of the proposal, including the identification of any persons known to the proposer who would be obligated to disqualify themselves from participation in any transaction arising from or in connection to the project pursuant to The Virginia State and Local Government Conflict of Interest Act, Chapter 31 (Va. Code § 2.2-3100, et seq.). 16. Acknowledge conformance with Sections 2.2-4367 through 2.2-4377 of the Code of Virginia, the Ethics in Public Contracting Act. 17. Additional material and information as the City may reasonably request. Additionally and in furtherance of anticipated contract negotiations, the City Manager may distribute the City's typical contract document and request the proposer identify any exception to the proposed contract. Appendix 3 - 2 APPENDIX 4: EVALUATION CRITERIA The following is a demonstrative list of evaluation criteria. The City will develop evaluation criteria specific to the applicable project, and such criteria will be clearly provided to the proposers in the request for detailed proposals. A. Qualifications and Experience Factors to be considered in either phase of the City's review to determine whether the private entity possesses the requisite qualifications and experience may include but are not necessarily limited to: 1. Experience with similar projects of comparable scope and value; 2. Demonstration of ability to perform work at the appropriate level of quality standards; 3. Leadership structure; 4. Project manager's experience; 5. Management approach; 6. Financial condition; and 7. Project ownership. B. Project Characteristics Factors to be considered in determining the project characteristics may include but are not necessarily limited to: 1. Project definition; 2. Proposed project schedule; 3. Operation of the project; 4. Technology; technical feasibility; 5. Conformity to laws, regulations, and standards; 6. Environmental impacts; 7. Condemnation impacts; 8. State and local permits; and 9. Maintenance of the project. 10. Quality standards to meet proposed project quality. C. Project Financing Factors to be considered in determining whether the proposed project financing allows adequate access to the necessary capital to finance the project may include but are not necessarily limited to: 1. Cost and cost benefit to the City; 2. Financing and the impact on the debt or debt burden of the City; 3. Financial plan, including the degree to which the proposer has conducted due diligence investigation and analysis of the proposed financial plan and the results of any such inquiries or studies; 4. Estimated cost; 5. Life-cycle cost analysis; Appendix 4 - 1 6. The identity, credit history, and past performance of any third party that will provide financing for the project and the nature and timing of their commitment; 7. Comparable costs of other project delivery methods; and 8. Opportunity costs assessment. D. Project Benefit and Compatibility Factors to be considered in determining the proposed project's compatibility with the appropriate local or regional comprehensive or development plans may include but are not necessarily limited to: 1. Community benefits; 2. Community support or opposition, or both; 3. Public involvement strategy; 4. Compatibility with existing and planned facilities; and 5. Compatibility with local, regional, and state economic development efforts. 6. Fiscal impact to the City in terms of revenues and expenditures. 7. Economic output of the project in terms of jobs and total economic impact on the local economy. 8. Submission of required statement regarding participation efforts that is to be undertaken with regard to minority-owned businesses, woman-owned businesses, and small businesses. Failure to submit this statement shall constitute grounds to reject any proposal. E. Other Factors Other factors that may be considered by the City in the evaluation and selection of PPEA proposals include: 1. The proposed cost of the qualifying project; 2. The general reputation, industry experience, and financial capacity of the private entity; 3. The proposed design of the qualifying project; 4. The eligibility of the project for accelerated documentation, review, and selection; 5. Local citizen and government comments; 6. Benefits to the public, including financial and nonfinancial; 7. The inclusion of environmentally sustainable practices in the design, construction and ultimate operation of the project; and 8. Other criteria that the City deems appropriate. Appendix 4 - 2 APPENDIX 5: COMPREHENSIVE AGREEMENT Comprehensive Agreement (from Va. Code § 56-575.9) The terms of the comprehensive agreement shall be tailored to address the specifics of the project and shall include, if applicable, but not be limited to: 1. The delivery of maintenance, performance and payment bonds or letters of credit in connection with any acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project, including, without limitation, bonds or letters of credit that comply with Virginia Code § 2.2-4337 for components of the qualifying project that include construction; 2. The review and approval of plans and specifications for the qualifying project by the City; 3. The rights of the City to inspect the qualifying project to ensure compliance with the comprehensive agreement; 4. The maintenance of a policy or policies of liability insurance or self-insurance reasonably sufficient to insure coverage of the project and the tort liability to the public and employees and to enable the continued operation of the qualifying project; 5. The monitoring of the practices of the private entity by the City to ensure proper maintenance, safety, use and management of the qualifying project; 6. The terms under which the private entity will reimburse the City for services provided; 7. The policy and procedures that will govern the rights and responsibilities of the City and the private entity in the event that the comprehensive agreement is terminated or there is a material default by the private entity, including without limitation, the conditions governing assumption of the duties and responsibilities of the private entity by the City and the transfer or purchase of property or other interests of the private entity by the City; 8. The terms under which the private entity will file appropriate financial statements on a periodic basis. 9. The mechanism by which user fees, lease payments, or service payments, if any, may be established from time to time upon agreement of the parties. Any payments or fees shall be the same for persons using the facility under like conditions and that will not materially discourage use of the qualifying project; 10. A copy of any service contract shall be filed with the City. 11. A schedule of the current user fees or lease payments shall be made available by the private entity to any member of the public upon request. Appendix 5 - 1 12. Classifications according to reasonable categories for assessment of user fees may be made. 13. The terms and conditions under which the City will contribute financial resources, if any, for the qualifying project; 14. If the private entity is a limited purpose or "shell" entity, such as a limited liability company, limited partnership, or corporation, that lacks its own substantial resources and operating history and that will depend on its members, partners, shareholders or others for resources to perform, then guarantees of performance by such operator's principal members, etc., or other similar arrangements that adequately assure performance. 15. Other requirements of the PPEA or provisions that the City determines serve the public purpose of the PPEA. Any changes in the terms of the comprehensive agreement as may be agreed upon by the parties from time to time shall be added to the comprehensive agreement only by written amendment. The comprehensive agreement may provide for the development or operation of phases or segments of a qualifying project. Appendix 5 - 2 APPENDIX 6: ADOPTING RESOLUTION A RESOLUTION MAKING A PUBLIC PURPOSE DETERMINATION UNDER THE PPEA, AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPREHENSIVE AGREEMENT FOR , AND SETTING AN APPROXIMATE START DATE WHEREAS, on , the City (the "City") received an unsolicited proposal pursuant to the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA") from for ( the "Project"); and WHEREAS, on , the City posted a public notice requesting conceptual proposals pursuant to the PPEA for the Project; and WHEREAS, the City received conceptual proposals for the Project; and WHEREAS, on , the City requested detailed proposals pursuant to the PPEA for the Project; and WHEREAS, the City received detailed proposals for the Project; and WHEREAS, on , the City was briefed on the responses to the detailed proposals and, after reviewing the information provided by staff and the staff's recommendation, the City Council directed the City Manager to continue negotiations with ; and WHEREAS, on , the City held a public hearing to allow public comment on the Project; and WHEREAS, on , a copy of the Comprehensive Agreement in substantially completed form was posted on the City website; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. Based upon the review of the proposals received and information and advice provided by the City Manager, the City Council hereby determines that entering into a comprehensive agreement for the with will serve the public purpose because (i) there is a public need and benefit to be derived from such agreement, (ii) the price of is reasonable in relation to similar facilities, and (iii) the agreement will result in the timely development of the . 2. The City Manager or his designee is hereby directed to execute, after approval for legal sufficiency by the City Attorney or his designee, the comprehensive agreement with . 3. The approximate start date for the comprehensive agreement is . Appendix 6 - 1 APPENDIX 7: ANTICIPATED TIMELINES Projected Procurement Timeline for City PPEA Procurement Initiated By Unsolicited Proposal Activity Date Activity Guidelines Number Reference 1 D Receipt of Unsolicited Proposal Page 2 2 D+30 Decide whether to accept Page 2 Unsolicited Proposal, whether to use competitive negotiation, what conditions to impose, and whether the proposer's request to exclude information from disclosure is necessary 3 D+35 Prepare Notice of Unsolicited Page 3 Proposal, Receipt of Unsolicited Proposal, and Post and Publish 4 D+95 Receive Competing Conceptual- Page 3 Phase Proposals 5 D+100 Determine whether proposers' Page 6-7 requests to exclude information from disclosure are necessary. Post proposals. 6 D+130 Evaluate Conceptual-Phase Page 3 Proposals, decide whether to proceed. If proceeding, select proposers to invite to submit, and invite submission of Detailed- Phase Proposals 7 D+200 Receive and evaluate Detailed- Page 4 Phase Proposals, conduct interviews, and select proposer(s) for negotiation of agreement, schedule public hearing 8 D+260 Negotiate Interim Agreement or Page 4-5 Comprehensive Agreement; finalize awardee 9 D+270 Post agreement for public Page 5 10 D+330 Obtain approval by City Council; Page 5 if approved, execute agreement Appendix 7 — 1 Projected Procurement Timeline for PPEA Procurement Solicited By City Request for Proposals ("RFP") Activity Date Activity Guidelines Reference Number 1 D Initiate procurement under Page 3 PPEA. Decide whether to use competitive negotiation and issue RFP. 2 D+60 Receive Conceptual-Phase Page 3 Proposals 3 D+65 Determine whether Page 6-7 proposers' requests to exclude information from disclosure are necessary. Post proposals. 4 D+95 Evaluate Conceptual-Phase Page 3 Proposals and decide whether to proceed. If proceeding, select proposers to invite to submit, and invite submission of Detailed- Phase Proposals 5 D+165 Receive and evaluate Page 4 Detailed- Phase Proposals, conduct interviews, and select proposer(s)for negotiation of agreement, schedule public hearing 6 D+225 Negotiate Interim Agreement Page 4-5 or Comprehensive Agreement; finalize awardee 7 D+235 Post agreement for public Page 5 8 D+295 Obtain approval by City Page 5 Council; execute agreement Note: Considerable planning before Activity 1 is required to determine the City's needs for a project and to state them in an RFP. Appendix 7 — 2 60 Item -VI-I.5 ORDINANCES/RESOLUTIONS ITEM#68223 The following registered to speak: Sheree Krause, 1912 Channing Lane, Phone: 361-443-7940, spoke in SUPPORT Craig Leonard, 1905 Benecia Drive, Phone: 757-427-0342, spoke in SUPPORT Chris Freeman, 5757 Normandy Avenue, Phone: 757-718-7968, spoke in OPPOSITION Barbara Messner, P.O. Box 514, Phone: 757-422-1902, spoke in SUPPORT C. J. Pedler, 1909 Grandon Loop Road, Phone: 916-350-1470, DECLINED to speak Tim Worst, 1555 Entrada Drive, Phone: 353-1555, DECLINED to speak Al Henley, 3112 Colechester Road, Phone: 426-6991, spoke in OPPOSITION Garett Edmonds, 2920 Camarillo Lane, Phone: 904-571-2753, spoke in SUPPORT Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council DEFERRED TO JULY 3, 2018, Ordinance to APPROVE a term sheet re Ashville Park Drainage Improvements and AUTHORIZE the City Manager to EXECUTE a Cost Participation Agreement and an Agreement of Sale and Dedication Voting: 7-2 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Rosemary Wilson Council Members Voting Nay: Robert M. Dyer Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 61 Item -V14.6 ORDINANCES/RESOLUTIONS ITEM#68224 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP) easements from My III Sons, LLC at 1812 Indian River Road(Deferred Indefinitely on June 5, 2018) Voting: 8-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Member Voting Nay: John D. Moss Council Members Absent: Shannon DS Kane June 19, 2018 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM MY III SONS, L.L.C. (29.69+/- ACRES), 2) THE 4 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS 5 IN THE MAXIMUM PRINCIPAL AMOUNT OF $540,358,AND 6 3)TRANSFER OF FUNDS TO PURCHASE U.S. TREASURY 7 STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights(as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $540,358; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.82% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 4.82% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $243,161 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this 19th day of 73 June , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: A riculttde Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: ,(OF FUNDS: ir - , , _ iii' k_ W(( (6J/z/i s' "ector of inance City Attorney's Office CA14232 \\vbgov.com\DFS 1\Applications\CItyLawProd\cycom32\W pdocs\0011\P015\00049813.DOC R-1 May 24, 2018 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2017-154 SUMMARY OF TERMS SELLER: My III Sons, L.L.C., a Virginia limited liability company PROPERTY LOCATION: 1812 Indian River Road (GPIN: 2413-32-9436) PURCHASE PRICE: $540,358 EASEMENT AREA: 29.69 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.82% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 4.82% without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. •-- z LO V) m (1.) 01 U N / CO M . a-,I err T• S `�i ) S tri • x f V / VVV _ 1fA'a NI Zi yq l EXT ` F yk {Y r r^' - 'x � It li 'i� . .., I ,..,-, , , 4.* u a O •� al W M �� q ^ iir , sill c c _.,.," _ _ ... V) r ; -- S�-;445.? 4 =I �GrA e 00 lI c ro a LD -0 4_ o 0 mLi (/•) o a) CD Q1 U N -----..___c., N U ro � m _ = n3 in m n3 LD rl U U Ol N (N1 I .ACL a) 0 CO .c •c CI—0 2 . CI- a . . . . o °o O CD N {� I o �/ •O _ M v 1_1_ �. _. _ Cr Q m VI VI Nru ro M U U _1 a.) .7____ ,., . ch 1 .— N CL ›.... N a 2 E co 00 in 1cv ni f0 t0 3 2 62 Item -VI-I.7a/b/c/d/e ORDINANCES/RESOLUTIONS ITEM#68225 The following registered to speak: Mike Maskell, 4403 Lisbon Lane, Phone: 757-615-6265, spoke in OPPOSITION Tim Worst, 1555 Entrada Drive, Phone: 353-1555, spoke in OPPOSITION Upon motion by Council Lady Wilson, seconded by Vice Mayor Wood, City Council ADOPTED, Ordinance re compensation to City Council Appointees effective July 1, 2018 a. City Manager b. City Attorney c. City Clerk d. City Assessor e. City Auditor Voting: 7-2 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Jessica P. Abbott John D. Moss Council Members Absent: Shannon DS Kane June 19, 2018 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the annual salary of the City Manager is and shall remain at $263,611.40; 12 his car allowance is and shall remain at $12,000 annually; the City's contribution to his 13 deferred compensation plan is and shall remain at $10,000 annually; and, in 14 accordance with his employment contract, the City shall pay up to $2,684 toward the 15 premium for the City Manager's long term care insurance, if he elects such coverage. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of June , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram City Attorney's Office CA14461 R-2 June 13, 2018 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the current base annual salary of the City Attorney is $222,989.52, 12 the City's contribution to his deferred compensation plan is and shall remain at $10,000 13 annually, and his car allowance is and shall remain at $10,000 annually. 14 15 2. That the City Attorney shall receive a 2% merit increase, effective on July 16 1, 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of June , 2018. APPROVED AS TO LEGAL SUFFICIENCY: ,Z;e4A•e--e% - Roderick R. Ingram City Attorney's Office CA14462 R-2 June 13, 2018 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the current base annual salary of the City Clerk is $100,000.00, and 12 the City's contribution to her deferred compensation account is and shall remain at 13 $6,000 annually. 14 15 2. That the City Clerk shall receive a 2% merit increase, effective on July 1, 16 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of June , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram City Attorney's Office CA14463 R-2 June 13, 2018 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the current base annual salary of the City Real Estate Assessor is 13 $145,000.00, and the City's contribution to his deferred compensation plan is and shall 14 remain at $6,000 annually. 15 16 2. That the City Real Estate Assessor shall receive a 2% merit increase, 17 effective on July 1, 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of June , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram City Attorney's Office CA14464 R-2 June 13, 2018 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the current base annual salary of the City Auditor is $127,744.76, 12 and his car allowance is and shall remain at $6,000 annually. 13 14 2. That the City Auditor shall receive a 2% merit increase, effective on July 1, 15 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of June , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram City Attorney's Office CA14465 R-2 June 13, 2018 63 Item -VI-I.8 ORDINANCES/RESOLUTIONS ITEM#68226 Barbara Messner, P.O. Box 514, Phone: 757-422-1902, spoke in OPPOSITION Upon motion by Councilman Davenport, seconded by Councilman Dyer, City Council ADOPTED, Ordinance to APPROPRIATE $250,000 to the Virginia Beach Development Authority (VBDA) re Commonwealth Opportunity Fund Award to SANJO Virginia Beach, Inc. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 1 AN ORDINANCE TO APPROPRIATE FUNDS IN ORDER TO 2 MAKE A COMMONWEALTH OPPORTUNITY FUND AWARD 3 OF $250,000 TO SANJO 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $250,000 received by the City from the Commonwealth Opportunity Fund is 9 hereby appropriated, with estimated state revenue increased accordingly, to the FY 10 2017-18 Non-Departmental Operating Budget whereupon the funding will be remitted to 11 the Virginia Beach Development Authority in furtherance of the purposes of the COF and 12 the expansion of manufacturing by SANJO Virginia Beach, Inc., within the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19tbay of June , 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i \ a--LA) /222LI4J Budget and Management Servic s City/Aft() ney's Office CA14448 R-1 June 1, 2018 1 illit, ;1..417 COMMONWEALTH of VIRGINIA Office of the Governor Maurice A.Jones Secretary of Commerce and Thule June 14,2016 Mr.David L.Hansen City Manager City of Virginia Beach Municipal Center Building Number 1,Room 234 2401 Courthouse Drive Virginia Beach,Virginia 23456 Dear Mr.Hansen: I am delighted to inform you that Governor McAuliffe has preliminarily approved a $250,000 grant from the Commonwealth's Opportunity Fund to assist the City of Virginia Beach with the location of Sanjo. Formal approval will occur when Sanjo finalizes its decision and we can jointly announce this significant accomplishment for your community. The Saajo facility is extremely important to both the Commonwealth and the City of Virginia Beach,and we are hopeful that the Opportunity Fund Grant will encourage Sanjo to make a favorable decision. You certainly have our full support as we work to this end. If you are successful in securing this commitment from Sanjo to locate in the City of Virginia Beach, please notify Turner Widgen at the Virginia Economic Development Partnership(804-545=5805) so that the announcement of their decision can be coordinated with the company.and you. Governor McAuliffe has followed this project closely and would like to participate in the official announcement if his schedule permits. If not,a mutually agreed upon joint press release is the appropriate vehicle for the public disclosure of this project. We would like to remind you that in accordance with the Commonwealth's Opportunity Fund guidelines,a performance agreement between the City and Sanjo is essential prior to the actual payment of this grant. This item will be required when your payment request is submitted. Patrick Henry Building • 1111 East Broad Street•Richmond,Virginia 23219• (804)786-7831•TTY(800) 828-1120 Mr.David L.Hansen June 14,2016 Page Two I want to thank you for your efforts in working on this project to bring economic growth to Virginia Beach. Sincerely, (J\Gov-t-Q' Screc-4- Maurice A.Jones MAJ:kme cc Mr.Daniel C. Oundersen Virginia Economic Development Partnership Ms.Turner Widgen Virginia Economic Development Partnership 64 Item -VI-I.9 ORDINANCES/RESOLUTIONS ITEM#68227 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $75,000 to the Department of Housing and Neighborhood Preservation Operating Budget re Housing Choice Voucher Program Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 1 AN ORDINANCE TO AMEND THE FY 2017-18 OPERATING 2 BUDGET OF THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION FOR THE HOUSING 4 CHOICE VOUCHER PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $75,000 is hereby appropriated, with program fee revenue increased 10 accordingly, to the FY2017-18 Operating Budget of the Department of Housing and 11 Neighborhood Preservation for the Housing Choice Voucher Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of June 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1/7)/-7 .r 41 B1 & Management Services amity Atney's Office CA14468 R-1 June 13, 2018 65 Item -VI-L10a ORDINANCES/RESOLUTIONS ITEM#68228 Barbara Messner, P.O. Box 514, Phone: 757-422-1902, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, Ordinance to TRANSFER: a. $125,000 from Debt Service to the City Attorney Operating Budget re Arena Litigation Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 1 AN ORDINANCE TO TRANSFER FUNDS FOR COSTS 2 ASSOCIATED WITH ARENA LITIGATION 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 $125,000 is hereby transferred from Debt Service to the City Attorney's Office within 8 the FY 2017-18 Operating Budget for outside counsel expenses related to the Arena 9 litigation. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of June 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1,1 (7/ Budget and Management Services City Attorney's Office CA14452 R-1 June 5, 2018 66 Item -VI-I.lOb ORDINANCES/RESOLUTIONS ITEM#68229 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: b. $2,106,338 from the Housing Resource Center CIP to Virginia Aquarium Marine Animal Care Center CIP Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent. Shannon DS Kane June 19, 2018 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT 2 OF $2,106,338 FROM CIP 3-503 HOUSING RESOURCE 3 CENTER TO THE CIP 3-292 VIRGINIA AQUARIUM MARINE 4 ANIMAL CARE CENTER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $2,106,338 is hereby transferred from CIP 3-503 Housing Resource Center to CIP 10 3-292 Virginia Aquarium Animal Care Center to allow completion of the scope of work for 11 the Animal Care Center. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of June 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servi -s C' ttor�iey's Office CA14458 R-1 June 7, 2018 67 Item -VI-1.10c ORDINANCES/RESOLUTIONS ITEM#68230 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: c. $737,500 within the Fire Department Operating Budget re reallocate health insurance costs Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 1 AN ORDINANCE TO TRANSFER $737,500 WITHIN 2 THE FY 2017-18 OPERATING BUDGET TO 3 REALLOCATE HEALTH INSURANCE COSTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $737,500 is hereby transferred from the Department of Human Services to 9 the Fire Department in the FY 2017-18 Operating Budget to cover cost overruns for health 10 insurance due to the methodology for allocating health insurance costs. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of June , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Atto ey s Office CA14466 R-1 June 8, 2018 68 Item -VI-L10d ORDINANCES/RESOLUTIONS ITEM#68231 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: d. $145,000 within the Juvenile Probation Department Operating Budget re support dispositional services Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 1 AN ORDINANCE TO TRANSFER $145,000 FROM WITHIN 2 THE JUVENILE PROBATION DEPARTMENT'S FY 2017-18 3 OPERATING BUDGET TO SUPPORT DISPOSITIONAL 4 SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $145,000 is hereby transferred from Juvenile Probation's personnel accounts to 10 operating accounts to support mandated dispositional services. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of June 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6,,,J in,I,„L Budget and Management Services City Attorney's Office CA14451 R-1 June 5, 2018 69 Item -VI-110e ORDINANCES/RESOLUTIONS ITEM#68232 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: e. $278,856 within the Department of Human Services Operating Budget re Children's Services Act Program Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE 2 DEPARTMENT OF HUMAN SERVICES FY 2017-18 3 OPERATING BUDGET 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $278,856 is hereby transferred in the Department of Human Services from the 9 personnel category to the operating expenditures category to cover the additional non- 10 personnel expenditures that are projected to be needed by the end of this fiscal year for 11 the Children's Services Act program. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of June 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , Budget & Management Services City Attorney's Office CA 14449 R-2 June 8, 2018 70 Item -VI-I.10f ORDINANCES/RESOLUTIONS ITEM#68233 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: f $491,743 within the Sheriffs Office Special Revenue Fund re payroll obligations Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN 2 THE SHERIFF'S OFFICE SPECIAL REVENUE FUND 3 FOR PAYROLL OBLIGATIONS 4 5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA: 7 8 That $491,743 is hereby transferred from the Sheriff's Office Special Revenue 9 Fund Reserve for Contingencies to the Sheriff's Office Special Revenue Fund Salary 10 Account to meet year-end payroll obligations. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th _ day of June , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ajj P) Budget and Management Services ity AttOr y's O ice CA14460 R-1 June 7, 2018 71 Item -VI-1.10g ORDINANCES/RESOLUTIONS ITEM#68234 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: g. $650,000 from Debt Service re cost increases associated with the Disabled Veteran and Elderly and Disabled Tax Relief Program Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 1 AN ORDINANCE TO TRANSFER FUNDS FOR COST 2 INCREASES ASSOCIATED WITH THE DISABLED 3 VETERAN AND ELDERLY AND DISABLED TAX RELIEF 4 PROGRAMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $650,000 from Debt Service of the FY 2017-18 Operating Budget is hereby 10 transferred to the FY 2017-18 Non-Departmental Operating Budget for the purpose of 11 funding cost increases related to Disabled Veteran and Elderly and Disabled Tax Relief 12 Programs. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of June , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0,/l4.1)-k art Budget and Management Servic CityA#6rne 's Office CA14457 R-1 June 6, 2018 1 72 Item—VI-J PLANNING ITEM#68235 1. HOFD ASHVILLE PARK,LLC MODIFICATION OF PROFFERS OF A CONDITIONAL REZONING 2. CITY OF VIRGINIA BEACH MODIFICATION OF CONDITIONS 3. NORTHAMPTON DEVELOPMENT,LLC CONDITIONAL CHANGE OF ZONING 4.BHC,LLC/CHRISTINE JO HERRIT CONDITIONAL CHANGE OF ZONING FROM B-2 COMMUNITY BUSINESS TO B-4 MIXED USE AND A CONDITIONAL USE PERMIT 5. BEACH BUILDING GROUP,INC✓MCQ BUILDERS SPECIAL EXEMPTION TO LLC-2 ALTERNATIVE COMPLIANCE 6. GINA ARNEY/BARBARA ARNEY& CONDITIONAL USE PERMIT KENNETH T. BAREFOOT 7. VA FNISHING,LLC/SPRING BUILDING,LLC CONDITIONAL USE PERMIT 8. SAVARNAS BEAUTY SPA/AIGLON CONDITIONAL USE PERMIT ASSOCIATES,L.P. 9. VALVOLINE,LLC/AH SANDBRIDGE,LLC CONDITIONAL USE PERMIT 10. HALLE PROPERTIES,LLC/GOPA TWO,LLC CONDITIONAL USE PERMIT 11. ZEIDERS AMERICAN DREAM THEATRE RESOLUTION TO AUTHORIZE THREE ROADSIDE GUIDE SIGNS ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY COUNCIL LADY WILSON FILED A DISCLOSURE ON ITEM#3 COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#5 VICE MAYOR WOOD FILED A DISCLOSURE ON ITEM#5 ITEM#6 WILL BE CONSIDERED SEPARATELY June 19, 2018 73 Item—VI-J PLANNING ITEM#68236 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT:Agenda Items 4, 5, 7, 8, 9, 10 and 11 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 74 Item—VI-J.1 PLANNING ITEM#68237 The following registered to speak: Eddie Bourdon,Attorney for Applicant, spoke in SUPPORT Sharon Prescott, 1748 Nanneys Creek Road, Phone: 757-630-2660, spoke in OPPOSITION Chris Freeman, 5757 Normandy Avenue, Phone: 757-718-7968, spoke in OPPOSITION Al Henley, 3112 Colechester Road, Phone: 426-6991, spoke in OPPOSITION Eric Moore, 3088 Polk Drive, Phone: 427-6844, spoke in OPPOSITION Chris Lindsey, 1800 Buttermilk Court, Phone: 652-5815, spoke in OPPOSITION Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council DEFERRED TO JULY 3, 2018,Application of HOFD ASHVILLE PARK,LLC for a Modification of Proffers of a Conditional Rezoning at the north and south sides of Ashville Park Boulevard(Approved on February 24, 2004, and Modified on May 10, 2005, and February 14, 2012)DISTRICT 7—PRINCESS ANNE Voting: 7-2 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Rosemary Wilson Council Members Voting Nay: Robert M Dyer Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 75 Item-VI-J.2 PLANNING ITEM#68238 The following registered to speak: Buddy Lilley, 566 Oceana Boulevard, voiced concerns for having clean water Loretta Brown, 1324 Bells Road, Phone: 470-0831, spoke in OPPOSITION Everette Brown, 1195 Bells Road, Phone: 772-321-6459, spoke in OPPOSITION Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY, Application of CITY OF VIRGINIA BEACH for a Modification of Conditions re borrow pit-fill at 560 Oceana Boulevard(Approved August 25, 2001)DISTRICT 6—BEACH Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 76 Item -VI-J..3 PLANNING ITEM#68239 The following registered to speak: Eddie Bourdon,Attorney for Applicant, spoke in SUPPORT Lembert Shropshire, 5908 Tajo Avenue, Phone: 540-455-2722, spoke in SUPPORT Robert Garris 5108 Booker Street, Chesapeake, Phone: 404-3726, spoke in SUPPORT Rebecca Saunders, 1008 Dulcie Avenue, Phone: 336-254-6139, spoke in OPPOSITION Delceno Miles, P.O. Box 68228, Phone: 499-9627, spoke in SUPPORT Jacke Bowe, 1017 Fairlawn Avenue, Phone: 404-2932, spoke in OPPOSITION Anthony Knight, 6040 Wesleyan Drive, Phone: 572-3789, spoke in OPPOSITION Pamela Riddick, 5949 Northampton Boulevard, spoke in SUPPORT Upon motion by Councilman Davenport, seconded by Vice Mayor Wood, City Council APPROVED, AS PROFFERED, Application of NORTHAMPTON DEVELOPMENT, LLC / ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK for a Conditional Change of Zoning from R-5D Residential to Conditional B-2 Community Business at the north side of Northampton Boulevard, adjacent to and east of Premium Outlets Boulevard DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NORTHAMPTON DEVELOPMENT, LLC/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK for a Conditional Change of Zoning from R-5D Residential to Conditional B-2 Community Business at the north side of Northampton Boulevard, adjacent to and east of Premium Outlets Boulevard(GPIN 1458783553)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 Nineteenth day of June, 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, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane *COUNCIL LADY WILSON FILED A DISCLOSURE LETTER June 19, 2018 „ . Y, A* . ,./77 ,,,,.. .. ..- f.:-.7. .., _ ----ce D LI ..e _AG ..--:::-r- . - _,AN , 5 /i. OxI -5\ jt , . \ _ 4.01: I- S ; I - , ' I ..,,.. a) .„. . %N 4.• '''-% \\N, *11' IF1 1, - 5.t• . .doo 'A, 0 Da .\\\ L K\ -1 r< ' . ' . 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I k "" ----......... ,- ..-- NORTHAMPTON DEVELOPMENT, L.L.C., a Virginia limited liability company ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 23rd day of July, 2017, by and between NORTHAMPTON DEVELOPMENT, L.L.C., a Virginia limited liability company, party of the first part, Grantor; ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of property located in the Bayside District of the City of Virginia Beach, which parcel includes certain lands having a total of approximately 32.932 acres, that are described and designated Parcel 1 on Exhibit "A" attached hereto and hereinafter referred to as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from R-5D Residential District to Conditional B-2 Community Business 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 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 GPIN: 1458-78-3553-0000 (part of) 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 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 party of the first part has with the concurrence of the party of the second part 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 in the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby 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 and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "CONCEPTUAL SITE LAYOUT BURTON CROSSING VIRGINIA BEACH VIRGINIA", dated July 23, 2017 prepared by WPL, and "PROPOSED TRAFFIC IMPROVEMENTS, BURTON CROSSING PREPARED FOR NORTHAMPTON DEVELOPMENT L.L.C. VIRGINIA BEACH, VIRGINIA" dated 05/31/2017, prepared by Kimley Horn, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plans"). 2. When the Property is developed, the exterior surfaces of the buildings shall be constructed utilizing the high quality architectural designs, features and materials substantially as depicted on the six (6) numbered exhibits entitled "BURTON CROSSING", prepared by The Livas Group, Inc., which have been exhibited to the Virginia Beach City 2 Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Renderings"). 3. When the Property is developed, the Multi-Use Path, Enhanced Sidewalks and Standard Sidewalks depicted on the Concept Plans and Renderings shall be constructed and installed substantially as depicted on the exhibit entitled "CONCEPTUAL WALKWAY SECTIONS BURTON CROSSING VIRGINIA BEACH, VIRGINIA", dated July 23, 2017, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Walkway Sections"). 4. When the property is developed, freestanding monument style signage may be erected on the Property as permitted for a Regional Commercial Center under Section 905 of the Grantee's Comprehensive Zoning Ordinance ("C.Z.O."), and substantially as depicted on Rendering numbered 1. All building mounted signage shall be channel letters (i.e. no box signs) and only the lettering may be illuminated. 5. As depicted on the Renderings, and with the exception of those four (4) buildings depicted closest to the northeastern side boundary line of the Property on the Concept Plans, the buildings shall be designed to have, or appear to have, "double fronts". The back walls (i.e. northeast facing) of the four (4) buildings which align parallel with and closest to the northeastern side boundary line of the Property shall incorporate the design features specified in Sections 245(a)(3) and (a)(4) of the Design Standards For Retail Establishments as set forth in the C.Z.O. Any HVAC and similar equipment located upon the roof of any building shall be concealed from street level view as provided in Section 245(b)(2) of the above referenced Design Standards. 6. Any Outdoor Display Areas, Vending Machines and Ground Level Mechanical Equipment shall be created, placed, installed, enclosed and screened as provided in Section 245(e)(1), (2) and (3) of the Design Standards For Retail Establishments as hereinabove referenced. �. A photometric plan (i.e. lighting plan) for the Property shall be submitted for review with the Site Plan and the outdoor lighting fixtures shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures will be utilized as depicted on the Renderings. Lighting throughout the Property shall overlap, creating an even level of illumination throughout the Property. 3 8. 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. All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the party of the first part, with the concurrence of the party of the second part and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said 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; 4 (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 names of the Grantors and the Grantee. Upon conveyance of the Property by the party of the second part to a third party, the party of the second part shall be released from any obligations under this Agreement. 5 WITNESS the following signature and seal: Grantor: Northampton Development, L.L.C., a Virginia limited liability company By: (SEAL) Mi • B. Leon, President STATE OF VIRGINIA CITY OF NORFOLK, to-wit: The foregoing instrument was acknowledged before me this 4••14-- day o .�� 2017, by Miles B. Leon, President of Northampton Development, L.L.C., a Virginia limites liability company, Grantor. Notary Public My Commission Expires: oz/z7/zolg Notary Registration Number: .32171/.3 Alicia Ward Gorski NOTARY PUBLIC Commonwealth of Virginia Reg. #321743 My Commission Expires Feb.28, 2018 6 WITNESS the following signature and seal: Grantor: Economic D•• .lopment Authority of the City of Norfoli,,,,,,,,, 0., ,��. t LASHE4��'',; .s.-,1-.... NOTARY''•�Q .. ��_! 'r • PUBLIC y / 8�G#7688417 : By: E. Rigney Sr., Executive Director�' • COMMISSION.;Q O EXPIRES "...A.'...111/3012020 ./.6s-1 ''l'0,; EXHIBIT "A" Parcel 1 32.932 Ac. Portion of Parcel C2 Beginning at a point on the northerly right of way line of Northampton Boulevard at its intersection with the easterly right of way line of Wesleyan Drive thence S 78° 38' 23" W, a distance of 41.27' to a point on the easterly right of way line of Wesleyan Drive; thence along the easterly right of say line of Wesleyan Drive N 36° 15' 29" W, a distance of 432.35' to a point; thence along the terminus of Wesleyan Drive S 58° 32' 54"W, a distance of 64.90'to a point on the easterly right of way line of Premium Outlets Boulevard;thence along the easterly right of way line of Premium Outlets Boulevard N 30° 34' 44" W, a distance of 833.35' to a point; thence leaving the easterly right of way line of Premium Outlets Boulevard N 59° 25' 12" E, a distance of 451.35' to a point thence N 03° 22' 48" E, a distance of 211.30' to a point; thence S 86° 37' 12" E, a distance of 431.87' to a point; thence S 67° 00' 16" E, a distance of 471.84'to a point; thence S 39° 01'31" E, a distance of 692.61'to a point on the northerly right of way line of Northampton Boulevard; thence along the northerly right of way line of Northampton Boulevard S 49°37'44"W,a distance of 246.27'to a point;thence along a curve to the right with an arc length of 169.26', a radius of 2814.79', a chord bearing of S 51° 3' 44" W, and a chord length of 169.23' to a point; thence S 53° 18' 09" W, a distance of 756.80' to a point which is the point of beginning. Having an area of 1,435,525 square feet or 32.932 acres. GPIN: 1458-78-3553-0000 (part of) H:\AM\Conditional Rezoning\Northampton Development\Proffer Agreement_dean 4-06-2018.docx 8 cCity of Vir i i is 8c.", C yN I 4.4 ol'R ./4 ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 In Reply Refer to 0063197 June 19, 2018 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Northampton Development, LLC for a conditional change of zoning for property owned by the Economic Development Authority of the City of Norfolk and located on the north side of Northampton Boulevard, adjacent to and east of Premium Outlets Boulevard. 2. The applicant has disclosed that Dixon Hughes Goodman is one of its service providers. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in Council's discussion and vote on this application, upon disclosure of this interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- June 19, 2018 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. Wilson RAW/RRI 77 Item -VI-J.4 PLANNING ITEM#68240 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS PROFFERED/CONDITIONED,BY CONSENT,Application of BHC,LLC/CHRISTINE JO HERRIT for a Conditional Change of Zoning from B-2 Community Business to B-4 Mixed Use and a Conditional Use Permit re multi family dwellings at 3739 Shore Drive DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BHC, LLC/CHRISTINE JO HERRIT for a Conditional Change of Zoning from B-2 Community Business to B- 4 Mixed Use and a Conditional Use Permit re multi family dwellings at 3739 Shore Drive (GPIN 1489480844)DISTRICT 4—BAYSIDE The following conditions shall be required: An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. 1. Prior to final site plan approval, a Landscape Plan shall be submitted during the site plan review process that reflects the plant material and placement depicted on the submitted landscape plan entitled, "CONCEPTUAL PLANTING PLAN " dated December 1, 2017, prepared by WPL, and is consistent with the plant lists as specified in the Shore Drive Corridor Plan. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 2. Any proposed fencing shall be vinyl and no taller than four (4) feet, with brick columns no taller than five feet, if adjacent to a right-of-way, and a fence no taller than six(6)feet if adjacent to private property. 3. Each unit on the site shall connect to City water and be served by a single and exclusive water service line and meter. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. 4. Each unit on the site shall connect to City sanitary sewer and be served by a single and exclusive sanitary sewer lateral and cleanout. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. 5. Prior to site plan approval, the existing five-foot landscape buffer easement and a one foot no ingress/egress easement along Pendleton Avenue that was dedicated to the City of Virginia Beach via instrument number 2014100300093990 shall be removed, and a revised five-foot landscape buffer and one foot ingress/egress easements shall be reestablished along the southern property line with the exception of the proposed entrance. June 19, 2018 78 Item -VI-J.4 PLANNING ITEM#68240 (Continued) This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of June, 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, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 I _j_j I 1 / N\ Id/ •' ''', .... ,, --..1.4.\.....7.s.........„00004...L... iti 6 \::.,,2' ,____/ ---____ 01/11 'I I s.-\-------z1 ,•'.. \ P'--...,,.. IX tO II' --1 \ •IX' ...:46:i'...''' 1, 1. 2 • 1 : li flii III/ _rf ,..,t,,,,,,,\ -\\74ig\v,...,, ,,,, ... .. • /..it? ,_,/ \ III il 1 : 1 ., 1 .. \ \ 4,1 \. \ \ w.A \, \ \ arm,. . _. . _ .,...„..._..., .., 7"' /,,,,,/./ 7,-„,..„„ • C../ • • .44 I II . I '''' I) • 7 Ma , • 1 1 rvii&I\bl 1 1 CD .-__. is u. , 1 u.IN avia e de • , ../ <,.._, :i 1 \ 4 1 IP 1_____. ..... ce , ,.:.. , , '. , ti, ..,..1 ..‹, .,. _ .... le / !Cr / , .... . 10 ''' ___ 0 1 p r i ----......._ / ...r . - e? </j/Ci - _ K.i., --,...„ BHC, LLC, a Virginia limited liability company CHRISTINE JO HERRIT a/k/a CHRISTINE JO HERRITT TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3oth day of JANUARY, 2018, by BHC, LLC, a Virginia limited liability company, Grantor, party of the first part; CHRISTINE JO HERRIT a/k/a CHRISTINE JO HERRITT, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of that parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately .3439 acres, which is more particularly described as Parcel i in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein together referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the parcel described in Exhibit "A" and 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 unconditional B-2 Community Business District to Conditional B-4 Resort Commercial District (SD); 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 GPIN: 1489-48-0844-0000 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 WHEREAS, the Grantors 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 Grantor's 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 B-4 Zoning District and the Shore Drive Overlay 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 covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: i. When the Property is developed, in order to achieve a coordinated design and development of this residential condominium in terms of limited vehicular access, parking, landscaping and building layout, the exhibits entitled, "CONCEPTUAL SITE PLAN EXHIBIT PARCEL B-i", drawing no. C-1.o and drawing no. L.i.o, dated December i, 2017, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Concept Plans") shall be substantially adhered to. 2. When the Property is developed, vehicular ingress and egress shall be via one (i) entrance from Pendleton Avenue. 2 3. The architectural design and exterior building materials of the buildings depicted on the Concept Plan will be substantially as depicted and designated on the two (2) exhibits entitled"3739 SHORE DRIVE TOWN HOMES"Sheets A-1 and A-2, dated 1/25/2018 and "3739 SHORE DRIVE DUPLEX, Sheet A-1, dated 1/25/2018, prepared by Jon Bengston of LPS, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior board and batten siding, fiber cement siding and trim will be a combination of neutral colors indicative of coastal communities which may include white, that are approved by the Planning Director. 4. When the Property is developed, there will be no more than six (6) residential condominium units as depicted on the Concept Plans. 5. 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 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 3 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. 4 WITNESS the following signature and seal: Grantor: BHC, LLC, a Virginia limited liability company / By: / � (SEAL) Steven W. Bishard, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this W.-t day of �, 2018,by Steven W. Bishard, Manager of BHC, LLC, a Virginia limited liability company, rantor. Notary Pu c My Commission Expires: t 3112421 Notary Registration Number: .25/0.2.6 S I MELONIE MCHUGH Notary Public Commonwealth of Virginia Registration No.256255 My Commission Expires Aug 31,2021 5 WITNESS the following signature and seal: Grantor: a(.0A. , ,. -��"''t�C (SEAL) Christine Jo r t a/k/a Christine Jo Herritt STATE OF NO4{, IavOii act CITY/COUNTY OF RGINIA VEACII; o-wjt: Com; C thrf,40 ai. : , The foregoing instrument was acknowledged before me this 330 day of-fe_ r- 2018, by Christine Jo Herrit a/k/a Christine Jo Herritt, Grantor. ' ., A-"Akt. ik -4J-0 - -moi Notary Public '�'; ,,, „ My Commission Expires: 'f�.,, , Notary Registration Number: 6 EXHIBIT "A" PARCEL 1: All that certain piece or parcel of land located in the Bayside District of the City of Virginia Beach, Virginia designated as Lot "B-114,982 SF, 0.3439 AC." on that "RESUBDIVISION OF LOTS A, B & 8, BLOCK 27 OCEAN PARK (MB. 107 P. 7, MB. 5 P. 69) Virginia Beach, Virginia", prepared by DKT Associates and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 2014100300093990. GPIN: 1489-48-0844-0000 H:\AM\Conditional Rezoning BHC LLC\3739 Shore Drive\Proffer Agreement.docx 7 79 Item -VI-J.5 PLANNING ITEM#68241 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of BEACH BUILDING GROUP, INC./ MCQ BUILDERS LLC-2 for Special Exemption to Alternative Compliance to the Oceanfront Resort District Form-Based Code re setback and lot width requirements at 521 & 523 20th Street DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BEACH BUILDING GROUP, INC./ MCQ BUILDERS LLC-2 for Special Exemption to Alternative Compliance to the Oceanfront Resort District Form-Based Code re setback and lot width requirements at 521 & 523 20th Street (GPIN 2417977895)DISTRICT 6—BEACH The following conditions shall be required: 1. When the property is developed, with the exception of any conditions below, it shall be substantially in accordance with the submitted site exhibit entitled, "ALTERNATIVE COMPLIANCE EXHIBIT, SITE IMPROVEMENT PLAN" dated 02-27-2018, as prepared by WPL. 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, with the exception of any conditions below, the structures constructed shall have the architectural features, materials, and appearance of like quality and character to the architectural elevation exhibits entitled, "DETACHED HOMES AT 20TH," dated 4-13-18, as prepared by Beach Building Group. These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. With the exception of the garages, each unit shall have a finished floor elevation of no less than two feet from the ground, as prescribed by the Oceanfront Resort District Form-Based Code. 4. Where `planting bed" is called out on the submitted site exhibit, a mixture of ground cover, evergreen, woody, grassy, and ornamental plantings shall be used. As part of site plan review, where the planting bed is over four feet in dimension, the Development Services Center Landscape Reviewer may request up to 200% of the number of plantings required to meet the minimum foundation landscaping criteria. 5. All plantings shall be maintained in good health. Plantings that fail to grow shall be replaced with a similar type of plant or a plant type approved by the Development Services Center. 6. The applicant shall make all right-of-way improvements as required for 20"' Street and 20"' '/a Street and as further required by Public Works Traffic Engineering and the Development Services Center as part of site plan review. June 19, 2018 80 Item -VI-J.5 PLANNING ITEM#68241 (Continued) 7. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or maintenance free fencing. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 8. Each of the proposed Detached Houses shall not be used for any other principle use than one single-family dwelling. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of June, Two Thousand Eighteen. Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Abstaining: M. Benjamin Davenport Council Members Absent: Shannon DS Kane *VICE MAYOR WOOD FILED A DISCLOSURE LETTER June 19, 2018 S i _ ', \ 'I II I I _ x ' -_--- v___-- 111 ,` I _ - 3 __-- II "`-___ -I ... -1 I t ...4 . II {, I .m.„„.,.„....,\r.:7....,..: -113 _---- 2, t'1 \ ------11,------11 __- ,I _--i ' _ tl ',I ,' ^_f • t411 ., ,I y y 11 5 _• ----\ c IX -rte S I I' 1 _ -` V �; 4 '' r-- 4 - '- `' 11 _----- i \,, 5------- '..--' ' __ _ -,, i -� ,rr li '1 •'� __ rill 1 _ I ff I r r , r x-11`--� , t, i! .54 �r�{ It i I ICI , s 'L y1`i Il 1 , .)%1NO .40N TA l 1, _ __ \\„5....„ L ______,---cy � I __.---1 \\ ii, ', _ \\--.% in''', , \ \ fat° -7\--\ 1 , 62 ',, , , .__ ... _..-- ._ L.,_____\ ,. 1 . tevo v\ \ % '7 _-- i \---re ------; \ li \ii ; \--\____-t--ii I 15,, ■i 11 S 11 _ 5 I I P,1 :, ,11 I, r� ' I II I ti, „ . I I, ~ i G1.11 Bc-t � 44 0 '4:1141 City of Virginia Beach z •, % z=J ,,lip_ j‘44.2 b OY ..Om M.BENJAMIN DAVENPORT COUNCILMAN PHONE, (757)425-6611 AT LARGE BDAVENPO@VBGOV.COM In Reply Refer to 0063203 June 19, 2018 Mrs. Amanda Barnes, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Barnes: I would like to make the following disclosure: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Beach Building Group, Inc. for a special exemption for alternative compliance for property located at 521 and 523 20th Street and owned by McQ Builders LLC-2. 2. Davenport Management Company has business interests with the owner of the land that is the subject of this application. 3. I have a personal interest in Davenport Management Company, which is located at 1604 Hilltop West Executive Center Suite 305, Virginia Beach, VA 23451. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 1604 WEST HILLTOP EXEC CENTER#305.VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- June 19, 2018 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, M. Ben Davenport Councilmember MBD/RRI rre;i4lA �, G tee, p >: ,,,, )m City of VI r- iriia I ;eac1h 4,41 OF OUR 01°2 V JAMES L WOOD PHONE: (757)340-8411 COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082 jlwood @ vbgov.com Refer to File No. 0063195 June 19, 2018 Mrs. Amanda Barnes, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Beach Building Group, Inc. for a special exemption for alternative compliance for property located at 521 and 523 20th Street and owned by McQ Builders LLC-2. 2. I have an ownership interest in 603/605 22nd Street, L.L.C. and 609/607 22nd Street L.C. The principal office address for both companies is 208 Ash Avenue, Suite 101, Virginia Beach, VA 23452. 3. 603/605 22nd Street, L.L.C. owns property located at 603 and 605 22nd Street; 609/607 22nd Street L.C. owns property located at 607 and 609 22nd Street. All of this real property is located approximately two blocks from the property that is the subject of this application. 4. I am a member of a group of more than three persons, namely persons with ownership interests in land in the vicinity of the land that is the subject of this application. 208 ASH AVENUE,SUITE 101 VIRGINIA BEACH.VA 23452 Mrs. Amanda Barnes -2- June 19, 2018 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) 5. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to 603/605 22nd Street, L.L.C. or 609/607 22nd Street L.C. is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2- 3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, 1111 J. es I . Wood Counc. member JLW/RRI 81 Item -VI-J.6 PLANNING ITEM#68242 Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council APPROVED, AS CONDITIONED, Application of GINA ARNEY/BARBARA ARNEY & KENNETH T. BAREFOOT for a Conditional Use Permit re family day-care home at 600 Iris Lane DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GINA ARNEY/BARBARA ARNEY & KENNETH T. BAREFOOT for a Conditional Use Permit re family day-care home at 600 Iris Lane (GPIN 1477195075) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. Any sign identing the home occupation shall be non-illuminated, not more than one (1)square foot in area and mounted flat against the residence. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day- care home. 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 Nineteenth day of June, 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, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 C j-----ILJ C:if 0 „_ 119. C-51 C-3 ci 2-, '::::j' -___,._______________ Mk C:I 0 C:::::) 4C":15 0 2] C:i r:j -----,-„___________„..,,_. etii, - 4::: Der I.- \ '''''N\ -,,,,,* ----,, • 0 Cf3 I:e \"I 0 4:7 /,....- --,,,,\ </:>. </\'5> • ,./.\\ 4 ciLi (/ 1... 0) 0 00 ,, ,4)7° ,((, , ,O, 0 I N. Ce 0 j //c:://,,f 0 C/> 01./ O� 'a° LO ! 4-6 r...„. 0Cl;;› / \L 82 Item -VI-J.7 PLANNING ITEM#68243 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of VA FINISHING, LLC/SPRING BUILDING, LLC for a Conditional Use Permit re automobile repair garage at 4990 Euclid Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VA FINISHING, LLC/ SPRING BUILDING, LLC for a Conditional Use Permit re automobile repair garage at 4990 Euclid Road (GPIN 1477132709) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. There shall be no signs that 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. 3. 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. 4. There shall be no outside storage of equipment,parts, tires or materials. 5. No motor vehicle repair work shall take place outside of the building. 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 Nineteenth day of June, 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, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 i .1.0\ ., 'N", ' ' (_� ' `Ilf L y ' \- Ilt&- c__-\ \.,r . ,E) D c-\, i it*7 ,..„) 1 -;,,,,,,\. ,,,, [ c s. ______________,. \,, 40, , R _ _ Q \_ . ..„. _. ..,) __ I.0 r "- 0 1,„, ,,...te. s - o— : It ,� S E. n cr,,,‘, , „-.k, , ,,,,<----v < -c? LI - wil ,'_.--_ \--- 1 ,00" \--- --' 8 csi . Q ----- . — Alle tN K, oM--11 ca ov i .< T-- [ - T—N. ,, ' s" ' V ( )7çk O 1 I - w --' ' ,c < �i ‘1 1 skv..1. . ,-/ „ '. 2 %,‘,.%. t.i 4\i 4,tib /ro e, ,, e4, „4 ,- % .1, ..._ .0. .: -, , . . 0?-', .., 4*. ,_4-4--z-5 Sti ' * t/4• • f s ,a . ' .(>, .<% e LT— (,) / •%, \\\.c,\> 44: �y „ ,;(% , ) ES-1 .0�0 -Ir _ LI 4 co '' HI. 1 Ti � ,� �� ,� 4 v., _ _o _ _lipit.y.‘7.1:le 0 .L.,____, e,,,,,,, c---) V' 1 N ‘ e --,, �, �, 1 Ii e) - 1 03 ' %— ' L u ,r4 00, ..-,e.- V ill r [-i . G % A • t ,,/ L .0; \. `\ t= p .....1 , .., ,_ ,„ , 1. < is P _— III �� 0._ t__ ..”. V ,kOOd - c , �' `vim r * , CJ . *<> © 7: ' 83 Item-VI-J.8 PLANNING ITEM#68244 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of SAVARNAS BEAUTY SPA/ AIGLON ASSOCIATES, L.P. for a Conditional Use Permit re tattoo parlor at 1860 Laskin Road, Suite 120 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SAVARNAS BEAUTY SPA/AIGLON ASSOCIATES, L.P. for a Conditional Use Permit re tattoo parlor at 1860 Laskin Road, Suite 120 (GPIN 2407582383) DISTRICT 6 — BEACH The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of June, 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, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 \\ \, 1--4—; \ NI--1 *,.\\\\h11\TuI ----EL-1 -. --_ - W �-, \_\_. \_ N _ , \ \ \ \\ .____. s , '', 1 �_ 21, ,.._\________ __---;ii ,,__________vaos_____------- ,\,;\ . \___-----\\ % .c r_sh%); 1,114W---- ---- ------- - -----** ..---''',,',,\'. C:=3. 0 R a- ti r--",-. , ill_It- 00 ! .lit04 , 01: - \ , i,,,.. O f I ice _ i0 \ ' y` 1 ti► ' ' __ S 4. 1 -'( W 411-17 \1111:116-- \''\ - kk‘ -ik l'‘'\ ‘ 10k '- INS\.\ 0 0, woo , 7 \ \ .• CN 10 10. I Cc...\ El ' , ' . cio 's ..„---- ,,,, ��t • Lo.... ,-,,.,i‘ " ,i : �+\+` N,,,A1,...,,,,,,,,,v,,,,,,, ._---- u r=7 1.0D Ili 1 4. Inkillikk D rz c-7 i,---1 , 7 0 ka) -•r ..., 1 1,1:3... . 11'..-0 rust= in,.. inski . , NI 1 . „,, ,. . t., • til \b„.1 Si �L � � � ' — " a (�?My . rlS ` i lty,� --,u mmii ._,---;-,51 EIN=A 1,--------:__..... 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Y_.r.k "I �, rr ,, 1. ` ;f 84 Item PLANNING ITEM#68245 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of VALVOLINE, LLC/AH SANDBRIDGE, LLC for a Conditional Use Permit re automobile repair garage at the western outparcel of 2105 Princess Anne Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VALVOLINE, LLC/ AH SANDBRIDGE, LLC for a Conditional Use Permit re automobile repair garage at the western outparcel of 2105 Princess Anne Road (Part of GPIN 2414139134)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "VALVOLINE INSTANT OIL CHANGE 2105 PRINCESS ANNE RD. CITY OF VIRGINIA BEACH VIRGINIA 23456," dated February 28, 2018, and prepared by CESO, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, shall be in substantial conformity with the renderings entitled, "VALVOLINE INSTANT OIL CHANGE 2105 PRINCESS ANNE RD. CITY OF VIRGINIA BEACH VIRGINIA 23456" dated May 12, 2017, and prepared by CESO, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. At the time of site plan review, a Landscape Plan reflective of the fence depicted on page 8 of this report and the plant material depicted on the Concept Plan referenced in Condition 1 above, and meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 4. The freestanding sign shall be substantially similar to the sign exhibit entitled "Sandbridge Commons"and is depicted on page 9 of this report. Said sign shall be no taller than eight feet in height and have a brick base to match the building. The freestanding sign shall meet all other requirements of the Zoning Ordinance. 5. 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. June 19, 2018 85 Item—VI-J.9 PLANNING ITEM#68245 (Continued) 6. Vehicles in a state of obvious disrepair shall not be stored outside of the building, except that they may be located outdoors for a period of no more than 24 hours from the time the vehicle is placed on the site. Following that time period, all such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 7. There shall be no outside storage of equipment,parts, tires, or materials. 8. No outside paging or amplified music system shall be permitted. 9. All vehicle repair and tire installation shall take place inside 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 Nineteenth day of June, 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, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 . .. (,>--f / .,_, , Ln.k. , . .. . •.. . / .,.....__....... ....,_ , r - V --., -, ., -r----csi. / ,./. ....._. ••.. _,.... ,..., ( I .., ' ' 14'? -----..- -44-------. < 7 . , ,.. 1'1 m/ ....„.„.... / .,‘„ ca M 4 , _., , / -, , - ..- ,, ..1 . . / --. --t-z----.z..., . // I A- _ ' 71 .N,. ... ../ . -..........., 1 In___---- ._,----- . _ ...--• .. • _ ____. . ...„. „._. .__-- / ..--- .......---- \ N n cm . ... I , N CNI.,.. M / . .... ... '44 I 7 11 .. .. . . / -=, 9 '',--s, ...:-..., 4c (1.5 - , ,. / __'__•__'__•-J-- N 1 I < N 1 0 I .-_-:, . ....... ....... ICC / 41.------7 ---..... .._ ....._.. ---....z.. ----..... --..... --0.4,- (r2 0 --47,-----..-_------... 7 c--, r (19 i-i; < . I .." , . C U ---- - t 1 I-- 'I Vl ---//'''---- -- ----_-.: ---------7-_-_-------- 5: \ ------__ Irk/ i ---,. 86 Item -VI-J.10 PLANNING ITEM#68246 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of HALLE PROPERTIES, LLC/GOPA TWO, LLC for a Conditional Use Permit re automobile repair garage at 4300 Virginia Beach Boulevard and 417 Thalia Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HALLE PROPERTIES, LLC/ GOPA TWO,LLC for a Conditional Use Permit re automobile repair garage at 4300 Virginia Beach Boulevard and 417 Thalia Road (GPINs 1477859436, 1477858680)DISTRICT S—LYNNHAVEN The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, `AERIAL SITE PLAN DTC STORE VAB 11611 4300 VIRGINIA BEACH, VIRGINIA BEACH VIRGINIA", prepared by Kimley Horn, dated February 01, 2018. Said site plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. At the time of site plan review, a Landscape Plan reflective of the plant material depicted on the Landscape Plan entitled, "CONCEPT LANDSCAPE PLAN, DTC STORE VAB 11611 4300 VIRGINIA BEACH, VIRGINIA BEACH VIRGINIA", prepared by Kimley Horn, dated February 01, 2018, and meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the site plan approval. Said landscape plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled, "CONCEPTUAL ELEVATIONS, 4300 VIRGINIA BEACH BLVD., VIRGINIA BEACH, VIRGINIA",prepared by Architectural Resource Team, dated April 30, 2018. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 4. All automotive repairs and service shall be performed inside the building. 5. All garage doors shall remain closed, other than for the maneuvering of vehicles in and out of service bays. 6. No outside storage of vehicles in a state of obvious disrepair, equipment,parts, tires, merchandise or materials shall be permitted. June 19, 2018 87 Item -VI-J.10 PLANNING ITEM#68246 (Continued) 7. All signage on the site shall comply with the requirements of the City Zoning Ordinance. Any freestanding sign shall be a monument style sign, no taller than eight feet, externally lit and have a brick base. 8. There shall be no decorative pennants, strings of light bulbs, spinners,feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. 9. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain footcandle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 10. All light fixtures on the site shall be no taller than 14 feet in height. 11. All light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50% The automatic dimming should be the manufacturer's standard but as a minimum shall dim to 50%. 12. No outside paging or amplified music system shall be permitted. 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 Nineteenth day of June, 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, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 1 , 11 I c_i_km _______ \... ' en and Bu!ppn8�_J CCI Ir — ro , CII -1 cp L, , j ,_co L_______Le.), rj peou erre - = . __ - m 1\C 1 r 1 1 7: " r .0\‘ � � 1 ,\ \ \\\ 4 4\ I a 1 , z,_:;, i: 0 t r -_, i bio in 1 NI: W m LI C) IW j . / „ 1 _,------- 88 Item—VI-J.11 PLANNING ITEM#68247 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Resolution to AUTHORIZE 3 (three) Roadside Guide Signs within the Central Business Core District re Zeiders American Dream Theatre DISTRICT 4—BAYSIDE Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane June 19, 2018 1 A RESOLUTION AUTHORIZING ROADSIDE GUIDE 2 SIGNS FOR ZEIDERS AMERICAN DREAM THEATER 3 LOCATED AT 4509 COMMERCE STREET 4 5 WHEREAS, the Zeiders American Dream Theater, (hereinafter the "Applicant), 6 located at 4509 Commerce Street (Bayside District), is an establishment operated 7 exclusively for cultural and artistic purposes on a not-for-profit basis; and 8 9 WHEREAS, the Applicant has requested that it be allowed to erect three (3) 10 roadside guide signs in the public rights-of-way along Independence Boulevard, Virginia 11 beach Boulevard and Constitution Drive in order to provide directions to Zeiders 12 American Dream Theater for the benefit of motorists unfamiliar with its location; and 13 14 WHEREAS, the City Council finds that three (3) roadside guide signs are 15 sufficient to provide motorists with adequate guidance to Zeiders American Dream 16 Theater. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the placement of three (3) roadside guide signs by the Applicant is hereby 22 authorized, upon the following conditions: 23 24 1. When the signs are installed, they shall be installed in locations substantially 25 in conformance with the attached exhibit entitled, "Location of Roadside 26 Guide Signs, Zeiders American Dream Theater." 27 2. When the signs are installed, the design and color shall be in substantial 28 conformance to the submitted drawing and as described. 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of June , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 Panning Departm- - Cit 4tt.rne, • ice CA14382 R-1 May 24, 2018 1 Theater American Dream Roadside Guide Signs Page 3 of 4 i I �'i 1.r:' 'ao NVI a 0 i L7 I I zLr i V c/1 ! � m cn _i i m J1: Q --- - I I ' w 1, ` I -, �J < • ` , I ' ! L(1111SNO0 2 - ! CONSTITUTIO' > I� v U U 2 U m t ' c _ 1 0 ' m z , z : ia a83.1.N30 NMOL U U a Z N1 V1138VS1 Z# NJIS ` u U 1.._„--r, u = A U U 3AV )4tiVd 1V81N30 i U U _. m 1 NI LJ VI i1S 13?IaVW U ,_.a4113&N _ ! w VIQ) -�' ; u . , HF— U co ti CO m U CO = E U - a � ----- i - - - -- VI c GA-18 3oN3aN3d3aN1 13 CZ ra O — — LT T O 112 UM u O .(L) J NJ Zeiders American Dream Theater Roadside Guide Signs Page 4 of 4 111211.1re' ZEIDERS AMERICAN DREAM T 89 ITEM VI-K APPOINTMENTS ITEM#68248 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAY AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY POLICY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE SOCIAL SERVICES BOARD STORMWATER APPEALS BOARD June 19, 2018 90 Item -VI-N ADJOURNMENT ITEM#68249 Mayor Louis R.Jones DECLARED the City Council Meeting ADJOURNED at 8:59 P.M. 41140.. Terri elius Chief Deputy City Clerk m ,a :. nes, M Louis R.Jones City Clerk Mayor City of Virginia Beach Virginia June 19, 2018