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07-10-2018 MINUTES i E9 z : s fs t� q2 \..t. 05) I.�`UUR NAP° VIRGINIA BEACH W CITY COUNCIL Virginia Beach, Virginia July 10, 2018 Mayor •uis R. Jones called to order the City Council's Briefing in the City Council Conference Room, Tuesday July 10, 2018, at 2:00 P.M Council ' embers Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: None 2 CITY COUNCIL'S BRIEFING SHORT TERM RENTAL DISCUSSION ITEM#68280 2:03 P.M. Mayor Jones welcomed members of Council and began by reading the letter summarizing the previous discussi o n of short term rentals prepared by City Attorney, Mark Stiles, dated July 6, 2018 which is attache' hereto and made a part of the record. Mayor Jones then led the discussion on the, "Issues Still to be Addressed"concerning "Applicable Regulations"and requested a round table discussion to determine a consensus of each item. The following applicable regulations were discussed with a majority in favor of each: -Shou d these regulations be contained in the City Zoning Ordinance or Chapter 15 of the City Code? Th regulations shall be contained in the City Zoning Ordinance. -Shou d the ordinance require all STRs to post summaries of applicable City regulations? -Shou d all STR's be required to maintain$1,000,000 of insurance coverage applicable to the STR ac ivity? -Shou d the Ordinance prohibit STRs from having amplified noise between 10:00 p.m. and 10:00 a.m.? -Shou d the Ordinance explicitly require that trash be placed in automated bins(with private Saturday pi.k-up in Sandbridge)? -Shou d the Ordinance require that a point of contact be identified who can be present at the STR wi hin 30 minutes? This was modified to property owner or the property owner's agent for the STR, re•ponds within 30 minutes. -Shou d the Ordinance provide that a Special Events permit must be obtained for any event with an at -ndance of 100, with a limit of 3 permits per property per year? -Shou d the Ordinance provide that a sign of up to 4 square feet be permitted at each property? -Shou d the Ordinance require a fire extinguisher and(where natural gas service is present)carbon monoxide detectors be installed in each STR? This was modified to; to the extent permissible under st'.te law, the ordinance shall require interconnected smoke detectors (may be wireless), a fire ex,inguisher and, where natural gas service is present, carbon monoxide detectors be installed in ea h STR. -Shou d registration and the payment of Transient Occupancy Tax be required? Mayor Jo nes concluded the discussion in order to allow time for the remaining briefs. July 10, 2018 I .O4 4?.. p ..„1 f^ -j, C Lty of vlr-glr ia. 13eacFi L i °f OUM0,4„. VBgov.com MARK D.STILES MUNICIPAL CENTER,BUILDING 1 CITY ATTORNEY 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9004 (757)385-4531 FAX(757)385-5687 TTY:711 July 6, 2018 May r Louis R. Jones Me bers of City Council Muni ipal Center 2401 Courthouse Drive Virgi is Beach, VA 23456 Re: Short Term Rentals Dear Mayor Jones and Councilmembers: I sent a letter to you on June 29, 2018 listing the result of the straw polls on Short Term Rentals ("STR") taken on June 26, and those items for which resolution was still need d. On July 3, the Council had additional discussion and expressed its direction on additi nal items. This letter summarizes the results of the council discussion to date(June 26th nd July 3rd), and again lists items that remain for discussion/direction. Guidance provi ed on July 3 is underlined and italicized for ease of reference. Direction Given to Date: • Home sharing will be a principal ("by right") use throughout the City conditioned only upon registration with the Commissioner of the Revenue (COR) and payment of applicable Transient Occupancy Taxes (TOT). • Short term rentals will be a principal use only in designated overlay or zoning districts. Outside of those districts, a STR will require a Conditional Use Permit ("CUP"). o Note: The City must permit short term rentals as a principal/by right use in the area defined by the Sandbridge SSD boundary pursuant to legislation enacted by the General Assembly earlier this year. • All CUP's would include an expiration date that is two years from the date of adoption. The process for renewal of the CUP will be administrative and performed Mayos Louis R. Jones Memlbers of City Council Short Term Rentals July 6, 2018 Page 2 of 4 by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any CUP for an STR, where the STR has been the subject of neighborhood complaints or code violations. • Grandfathering: All existing Home Shares and STR's (as evidenced by registration with the COR and payment of applicable TOT)will be allowed to continue. o The date for determining when a property has qualified for grandfathering will be July 1, 2018. o Any future alteration (or cumulative alterations) that expand the overall square footage of the residential structure utilized as an STR by more than 25% or 1,000 square feet, whichever is less, would terminate the grandfathered status. o The grandfathered status shall run with the land but shall expire if the property is not registered for STR use for more than two consecutive years. Issues Still to be Addressed: 1. Applicable Regulations • Should these regulations be contained in the City Zoning Ordinance or Chapter 15 of the City Code? Should the ordinance require all STRs to post summaries of applicable City regulations? Should all STRs be required to maintain $1,000,000 of insurance coverage applicable to the STR activity? • Should the ordinance prohibit STRs from having amplified noise between 10:00 p.m. and 10:00 a.m.? • Should the ordinance explicitly require that trash be placed in automated bins (with private Saturday pick-up in Sandbridge)? • Should the ordinance require that a point of contact be identified who can be present at the STR within 30 minutes? • Should the ordinance provide that a Special Events permit must be obtained for any event with an attendance of over 50 people and with a maximum attendance of 100, with a limit of 3 permits per property per year? • Should the ordinance provide that a sign of up to 4 square feet be permitted at each property? May.r Louis R. Jones Me bers of City Council Sho Term Rentals July •, 2018 3of4 • Should the ordinance require a fire extinguisher and (where natural gas service is present) carbon monoxide detectors be installed in each STR? • Should registration and the payment of TOT be required? • What should be the maximum occupancy of the STR? o 2 per bedroom +2 or 3 per bedroom +2 or other • What should be the permissible number of rental contracts per consecutive 7 day period? o No limit or 1 or 2 or multi-family (2) vs. single family(1) distinction • What parking requirements should be imposed? o Must all guests be able to park onsite or is off-site parking permitted? o Is any onsite parking requirement based on number of bedrooms or the overall size of the STR or some other factor? o Should the operator be required to submit to the City a parking plan? 2. Initial Overlays. Does the City Council wish to create additional overlays (other than in Sandbridge) at the time of the enactment of the STR ordinance? Note: This issue was discussed at length but no final determination was made. Council indicated a desire to examine the regulations to be applicable to the STR activity before deciding this issue. If yes, the following areas have been mentioned as being potential areas where STRs might be permitted by right. Does the Council wish to identify any of these areas as allowing STRs by right in the initial STR ordinance? • North End Overlay District • Oceanfront Resort District • Ocean Park • Cape Henry/Cape Story • Croatan • 42nd to 49th Street area • Old Beach Overlay • Lakewood Community • Pinewood Community Mayo Louis R. Jones Memrs of City Council Short Term Rentals July 6, 2018 Page 4 of 4 3. Future Overlays What will be the process for the future consideration of proposed STR overlays by th- Council? • Traditional zoning process vs. "SSD" type process vs. other Note: This issue was discussed at length but no final determination was made. Council indicated a desire to examine the regulations to be applicable to the STR activity before deciding this issue. Please contact me if I can provide additional information or assist you in any way. Sincerely, Mark D. Stiles City Attorney's Office cc: David L. Hansen, City Manager Barry Frankenfield, Planning Kevin Kemp, Planning 3 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR REPORT ITEM#68281 3:15 P.M. Mayor ones welcomed Chief James A. Cervera. Chief Cervera expressed his appreciation to the City Council or their continued support: Virginia Beach Police Department CompStat Report 2018 Update .1la :, L Police departments are not a cost. They are a investment in the future Here is o n Overview of Part I Crime Statistics between January 1 and June 30, 2018 with the preliminary clearan • rate of 32%: Virginia Beach Police Department PART I CRIME STATISTICS January 1 to June 30 Preliminars Jan I to Jan 1 to Total total Percent Percent Jun 30 Jun 30 Percent Clearances Clearances Cleared Cleared Tspc 2017 2018 Change 2017 2018 2017 2018 Homicide 11 7 -36.4% 7 9 63.6 129.6 Rape 85 61 -28.2% 68 39 80.0% 63.9% Robbery 1J 3 95 -34.0% 71 59 49.3% 62.1% A••ravated Assault 1 165 24.1% 109 126 82.0°/. 76.4% Burglary X78 247 .34.7% 79 20.9% 29.1% Larceny 3.532 3.081 -12.8% 850 873 24.1% 28.3% Motor Vehick Theft 169 21x 29.0% 47 54 27.8°/, 24.8% Arson 16 -36.0% 5 12 20.0% 75.0% 111•1101MMI®IMITIIIIIIIIMEM111111121 Date 117 03 201, Source:UCR Part I Crime Reports. July 10, 2018 4 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR REPORT ITEM#68281 (Continued) The maj r rity of aggravated assaults are non-domestic: Aggravated Assaults January 1 to June 30,2018 a 90%of •pes that occurred were committed by someone the victim knew: Rape Victim to Offender Relationship January 1 to June 30,2018 Stn nger 29e • July 10, 2018 5 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR REPORT ITEM#68281 (Continued) Of the larceny cases, theft from a vehicle has the highest number with 81 firearms stolen from 69 vehicles. Larceny January 1 to June 30 141/ 1.0 II IMO K. . •.. ... ill *..rau... '8i firearms stolen from 69 different motor vehicle larcenies This ma• depicts higher crime in Zones 225 and 227 within the (Oceanfront area)and Zone 326(Western Bayside •rea): Mamvl my 1 wbr oeroxy t�� " ..� 1 .301• Preliminary 4' 1"41kit '. ' 1161764 rw v,14,,^ft. 0,i o .*90100... ,,,,A,,,,,,frojia wititebbisrlor 4, 101110),, If r July 10, 2018 6 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR REPORT ITEM#68281 (Continued) This ma i depicts an Overview of the Robbery Density. The highest number is the South Rosemont and Holland 'oad area with a large number of multi family dwellings. Chief Cervera noted that robberies are dow from the previous six(6)months: z Robbery Density y January 1 to June mR ,20111 ��i �� "? Preliminaryy 1 gii i iio t iirf moi. ,vi .Il, I-.,, ...1,10,tiaifr Iv ace, .,21_4_ 4-,...A 4 OlOW:f4a ,„ • \ ...,_,..... ,F Residential Burglary Density. The highest number beingin the This ma�� depicts of an Overview of the g ry ty g Lynnhav-n Corridor: Residential Burglary Density M J+.E January 1 to June 30,201• /�.�141 dilligtt Preliminaryi .1., VietZtk 1 Ilii 2- t "�.ti 0°64' -ft54411 .466 t_ i r rA'.*-1 1 itliel _imillk i i I I i 6 I Ni ‘v . .. 1 �►l 14 July 10, 2018 7 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR REPORT ITEM#68281 (Continued) Here is an Overview of Offenses Where Victim Was Shot. Of the thirteen (13) cases at the Oceanfront, six (6)occurred on July 4``'349 guns have been collected as evidence since January 1, 2018: Offenses Where Victim was Shot January 1,2018-July 5,2018 Pre l imina n Citywide Exc. Oceanfront Oceanfront Study Offense Description Study Area Area Total Homicide-Victim Shot 0 6 6 Aggravated Assauk-Victim Shot 13 12 25 Total: 13 18 31 Oceanfront Study Area is oceanfront to Arctic Ace.from Rudee Inlet to 40th St. Total Guns Collected as Evidence January 1,2018-July 5,2018:349 Here is an Overview of Violent Crime at the Oceanfront which includes data from the July 4th holiday: Violent Crime At Oceanfront January 1 to July 5 Preliminan Jan 1- Jan I- Jul5 .1ul5 Percent Type 2017 2018 Change Homicide 0 0 0.0% Rape 8 7 -12.5% Robbery 12 2 -83.3% A• •vated Assault 14 23 64.3% Violent 34 32 Date:07/05/2018 Source:PISTOLDSS Oceanfront Study Area is oceanfront to Arctic Ave.from Rudee Inlet to 40th St. July 10, 2018 8 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR REPORT ITEM#68281 (Continued) Here is on comparison of adult and juvenile arrests. Juvenile arrests down 14.3%: Total of Adults ad Javeies Arrested Jimmy I to Jane 30,2018 Adults.4ra.nd Jutenila.Arra-stall Jaul- Jaul- Jml- Janl- Jut- Jan I- Jun 311. Juu 311. Put-cunt Jun 40, Jun 10, r,,,,,nt Jun 30. Jun 30. Pcrccnt (In.ifittnnn 1111' 2111X Ountur 20l' 201W ('baoX. 2111' 211111 1bang. Crown'Homed, AluNer and Non-Nog Uncut Manslaughter 10 13 30,0% 1 0 -100.0% II 13 18.2% Manslaughter by Negsgence 1 0 -100.% 0 0 0.1 I 0 -100.1 Forensic Rape 31 I9 -38.7% 3 7 133. 34 26 -233% Robbery 57 42 -263% 19 16 -15.: 76 58 .33.7% Agg®,ated A ssaut 83 76 44% 4 5 25.1 87 81 -69% lary 36 34 -06% 29 6 -79.3% 65 40 -385% Isrteny-Tbeft 489 462 -5.5% 126 92 -27.1 615 554 -9.9% Auto Theft 19 20 53. 6 7 16 25 27 &0K suntan Assault 1.172 1,142 -26% 123 134 8.9% 1,295 1276 -I_ R'ewpons{Carty.Possess 140 150 7.1% 9 9 0.1 149 159 67% Dnvrag Under the Influence 910 1.33 139. 2 0 -131.0'. 912 1,033 13.3% 1 13% 322 274 443% • 41 Sou,,,.Plstol(ntform(-me Report arrest Re pons The Fir- and EMS Departments will join Police in conducting Citizen Surveys for the first time as part of Community Policing Efforts: "Strong Communities Make Police Obsolete" Community Policing Efforts 2018 Neighborhood Survey Dates Date Neighborhood July 25th Manchester Village Area,The Oaks, Scarborough Square August 1st Emerald PointNVashington Square, Atlantis Apartments,Hill Meadow August 15th Northridge,Lake Edward August 22nd Green Run,Pecan Gardens July 10, 2018 9 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR REPORT ITEM#68281 (Continued) Here is •n Overview of the Citizen Contacts made in the past six(6)months: Citizen Contacts January 1 - June 30, Citizen Contacts 2018 Total Calls for Service(preliminary) 84,993 UCR Adult Arrests 8,320 UCR Juvenile Arrests 539 Total UCR Arrests 8,859 Total Field Contacts 3,862 Total Uniform Patrol Traffic Stops(preliminary) 34,798 All Moving Violations 10,075 All Non-Moving Violations 9,040 Total Violations 19115 „ Here is i n Overview of the Total Uses of Force: Total Uses of Force • From January i to June 30th,there have been 293 UOF events-a 16%decrease from 2017 at this same time. • 6o%of all force used was hands-on or control techniques • 16%involved pointing patrol carbines during search warrant operations* • During 13 UOF encounters,officers were confronted by armed subjects yet were able to de-escalate and take the subject(s) into custody without incident. July 10, 2018 10 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR REPORT ITEM#68281 (Continued) A press elease is scheduled in two (2)weeks for the implementation of Body Worn Cameras: plgll Leaning Foreword • Gun Interdictions • Body Worn Camera Deployments • Fourth Precinct Building Construction Questions? Y th Os _ __, _ �{ I YUILI1.lIM\11.\U =:: t _ - Mayor Je nes expressed his appreciation to the entire Police Department for their dedication to the City and to C ief Cervera for the informative presentation. July 10, 2018 11 CITY MANAGER'S BRIEFINGS HOUSING RESOURCE CENTER UPDATE ITEM#68282 3:39 P.M. Mayor 'nes welcomed Andrew M Friedman, Director—Housing and Neighborhood Preservation. Mr. Fried s, expressed his appreciation to the City Council for their continued support: Opening & Operating the Virginia Beach r .'' Housing Resource Center NB =i it.{. Housing City Council Briefing-July 10,2018 I1ousing& -1/ l''-"r.Resource Neighborhood Center Andrew Friedman,Director Preservation Ruth Hill,Homeless Services/Housing Resource Center Administrator 1111111111.1111111111.11 111r- -.11F- Pr" - --- '—•- If a 111 ' _______ m 11 a jpri 1 it s III 'i • -PI _, zyt ,,,,..,-,i ,, 1 : .t• M .g.,."' Fi:.4..,y.,r.'� _ The next two slides are pictures of the Housing Resource Center scheduled to open in September: ZZ -...1,-;.>64.„(,.,e„- ,t �r�rr �—�, __ looPme —Nig* '' �_ -1. r iglim -- . , rat 1 , r r IC, alli ,., _ i , rirnr jjh t July 10, 2018 12 CITY MANAGER'S BRIEFINGS HOUSING RESOURCE CENTER UPDATE ITEM#68282 (Continued) 4.41 111 A. - 3 111 _ iii II , --,,..rw..--1---;;:----t-----4 r„- -_, { !_, . 1� I -‘ q` r Here ars the Schedule&Key Dates: Schedule & Key Dates • Certificate of Occupancy: Projected Aug. 3 • Staff move-in: Beginning Aug. 3 • Building dedication and ribbon-cutting: Aug. 23 • Providers move in: Beginning Aug. 27 • Participants move in: Sept. 6 • Lighthouse Center closes: Aug. 31 • All services open to community: Sept. 10 July 10, 2018 13 CITY MANAGER'S BRIEFINGS HOUSING RESOURCE CENTER UPDATE ITEM#68282 (Continued) Here is e Building Team for the Housing Resource Center: Building Team . - r•. Karen Prochilo, Maureen McElfresh, Architect DHNP Project Manager Waller, Todd and Sadler Everett Herndon, Kevin SB Ballard Construction Jensen, Tim Oliver - Public Company Works Here is •n Overview of Our Approach to Operating the Building&Providing Services: Our Approach to Operating the Building & Providing Services The City should: • Facilitate or help to fund services at the Housing Resource Center and in the community system • Step in to fill gaps where there is not a willing/capable provider • Use competitive proposal process to select service providers for the center in order to get the best value • Contract out the management of key building processes on a competitive basis July 10, 2018 14 CITY MANAGER'S BRIEFINGS HOUSING RESOURCE CENTER UPDATE ITEM#68282 (Continued) Here is n Overview of the Process to Obtain Providers: Our Process to Obtain Providers Process Outcome/Status Non-competitive award for Family Interim Awarded to Samaritan House to preserve Housing their$85,000 federal grant and bring that revenue to support services at the center RFP for Operations&Maintenance(including Awarded to ABM,Inc. janitorial,maintenance,food services, security and interior pest control) RFP for Day Services(as previously Awarded to Judeo-Christian Outreach Center operated at the Lighthouse Center) (JCOC) RFP Singles Shelter Awarded to Judeo-Christian Outreach Center (JCOC) RFP for Clinic Awarded to Southeastern Virginia Health System RFP for Apartment Operations Awarded to Virginia Supportive Housing Here is t e HRC Organizational Chart: HRC Organizational Chart DHNP HSD Ruth Hill,HRC Elizabeth Batista- Administrator Boone,HSD Site Administrator • Integrated Services Team Pam Shine, Erin Walker, Larrie Jones, Diane Hotaling, • Child Welfare Grant&Resource Prevention Homeless Systems 0&M volunteer& • Employment Manager Development Specialist Community Outreach Seics Coordinator Coordinator • Financial Assistance - Path • Behavioral health Coors. Prevention Outreach& Sery ce ABM, HRC Asscssmcnt &Diversion Engagement prov.deservice Inc. Volunteers July 10, 2018 15 CITY MANAGER'S BRIEFINGS HOUSING RESOURCE CENTER UPDATE ITEM#68282 (Continued) Mr. Fri-•man turned the brief over to Ms. Hill, the HRC Administrator, who introduced the HRC Team: Meet the HRC Family: DHNP — Overall Building & Homeless Services Management • Overall building managementR�ih N`\\, pam Shin Stem through operations Astrat0r e`essSV contract •dropii„ Adm H°mMana9er • Oversight of operations and �t maintenance contractor • Coordination of all providers and rr�e�o�es' t eN°taUm ,, operations &M SPeclahs Dia enco�,a�°` • Integration of .. out" services with HSD Here arc. the Department of Housing and Neighborhood Preservation Team Leads: Meet the HRC Family: DHNP — Team Leads SGoOr ealnated • Walk-ins and hotline referrals AsSessme° • Outreach, intake, assessment and referrals • Management of housing vacancy and prioritization lists t �enk�ns, • Preventing people from becoming homeless �� prD1eer so 41 Gratt&, aren irea- ent 4:1- 11En9a9eOom July 10, 2018 16 CITY MANAGER'S BRIEFINGS HOUSING RESOURCE CENTER UPDATE ITEM#68282 (Continued) The Dep•rtment of Human Services will have six(6)Managers to provide the services listed: Meet the HRC Family: Dept. of Human Services - Management Staff Elizabeth 8s,te Adm�r,Strz<°r • Integrated Services Team • Child Welfare Prevention • Employment Services • Financial Assistance • PATH • Behavioral Health Here ars the staff members from the Judeo Christian Outreach Center: Meet the HRC Family: JCOC - Day Services & Singles Shelter Provider • Day services: showers,laundry,mail,housing- 1°ExeW t'e focused engagement,outreach; opportunity t�uutt pi,rector for breakfast and/or lunch a • Singles Shelter: 49 shelter beds °\e�°,(tore. AM. Nu•c Emec9e�s SeN July 10, 2018 17 CITY MANAGER'S BRIEFINGS HOUSING RESOURCE CENTER UPDATE ITEM#68282 (Continued) Here ar: the staff members from the Samaritan House: Meet the HRC Family: Samaritan House — Family Interim Housing pOKs. • 10 motel-style family units(40 beds) StedVN°Rmess pa pro9ra of • Housing focused case management 'V soot', e Npdspes� 2 Here ara the staff members from Virginia Supportive Housing: Meet the HRC Family: Virginia SupportiveIA W„9oefftPoo9am5 Housing — Permanent ofC Housing • 29 studio apartments 9support services !!' pef StBServ`�es • Housing-stabilization ort��e f�a S0PPSupervrsot - ' StonvVsen;0' Ao tisk/ Brooks, ana9er Tearmistrati� r propertl M Richrryond July 10, 2018 18 CITY MANAGER'S BRIEFINGS HOUSING RESOURCE CENTER UPDATE ITEM#68282 (Continued) Here ars the staff members from the Southeastern Virginia Health System—Health Clinic that will start part-tim. in September: Meet the HRC Family: Southeastern Virginia Health System - Health 040.3 o�e\\ Clinic • Start part-time ' f • Comprehensive primary care health services for adults and children • Services will be open to members of the public with the following prioritization: o Housing o Medically Center clients underservedva\aaGoo ch o Community at-large Here ar- the staff members from ABM, Inc. They will oversee the day-to-day Operations&Maintenance: Meet the HRC Family: ABM, Inc. - Operations & Maintenance 410V1.e • Operations ore'\Mavog • Maintenance w��d�^9 • Custodial • Linens Sub-Contractors • Food services-Culinary Services Group • Security-Dunbar • Pest Control- Dodson 5\0\1"s' J a�9�9cee5 scott July 10, 2018 19 CITY MANAGER'S BRIEFINGS HOUSING RESOURCE CENTER UPDATE ITEM#68282 (Continued) Here is the Continued Engagement& Coordination taking place: Continued Engagement & Coordination "HRC Engage" "Transition Coalition" • Open forum for residents and • Engaging service providers at businesses near HRC the oceanfront to help determine how their services • Bi-monthly meetings and can be changed and/or email communications provided at the HRC Ms. Hill oncluded her presentation with an invitation to all City Council Members to attend the Ribbon Cutting i eremony on August 23, 2018 at 10 A.M. 1 Housing Resource Thank you ! Center sane the gate Resource Center v;.gr�e Brun/ Thursday,August 23,2018 Your questions and comments. 10:00 a.m. 19 Mayor Jones expressed his appreciation to Mr. Friedman, Ms. Hill, all who all those in attendance today for their and work and dedication to the Housing Resource Center. July 10, 2018 20 CITY MANAGER'S BRIEFINGS SPORTS CENTER COMPREHENSIVE AGREEMENT ITEM#68283 3:59 P.M. Mayor Janes welcomed Ronald H. Williams,Jr., Deputy City Manager. Mr. Williams expressed his appreciation to the City Council for their continued support: q 00111111*0111611104 1111, Virginia Beach City Council Sports Center PPEA Comprehensive Agreement Briefing Ron Williams, Deputy City Manager July 10, 2018 Here is an Overview of the Ordinance to Transfer CIP Funds to Align with Comprehensive Agreement: Ordinance to Transfer CIP Funds to Align with Comprehensive Agreement Authorize transfer of$3,500,000 from CIP project# 9-053 (Dome Site Entertainment Venue)to CIP project#9-045 (Central Beach and Convention Districts Parking).This transfer does not increase the total CIP budget appropriation nor does it change our borrowing capacity. It also does not delay or impede our ability to negotiate terms for the Dome Site development. FY19 Approved Amounts Project# Title FY19 FY20 Total 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 FY19 Amended with Transfers Project# Title FY19 FY20 Total 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 July 10, 2018 21 CITY MANAGER'S BRIEFINGS SPORTS CENTER COMPREHENSIVE AGREEMENT ITEM#68283 (Continued) Here is an Overview of the Resolution Authorizing PPEA Design-Build Comprehensive Agreement: Resolution Authorizing PPEA Design-Build Comprehensive Agreement Summary of 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 Here is an Overview of the expected events at the Sports Center between years 3 and 5: Estimates NEW AND EXSISTING Combined Courts&Track(YEAR 31 • 62 events • 280,069 Total Attendance • 155,849 Estimated Room Nights • $95,941,368 Direct Spend • $4,592,351 Local Taxes Net NEW Business Combined Courts&Track(YEAR 31 • 43 Events • 140,149 Total Attendance • 90,899 Estimated Room Nights • $55,468,617 Direct Spend • $2,682,013 Local Taxes Net NEW Business Combined Courts&Track(YEAR 51 • 68 events • 225,371 Total attendance • 135,542 Estimated room nights • $82,846,032 Direct Spend • $4,224,751 Local Taxes July 10, 2018 22 CITY MANAGER'S BRIEFINGS SPORTS CENTER COMPREHENSIVE AGREEMENT ITEM#68283 (Continued) Here is an Overview of estimated revenue and benefits to the City at the five(5)year mark: Net New Local Tax City General TIP Fund TAP Fund Open Space Total Breakdown(Year 5) Fund/Schools Fund Sales Tax $838,968 --- $838,968 Bed Tax $416,492 $1,041,229 $208,246 $1,665,967 per room charge* $138,831 $138,831 $277,661 Restaurant $708,961 $214,714 $101,280 $89,126 $1,114,081 other** $328,074 -_- $328,074 Total $2,292,494 $1,394,774 $448,356 $89,126 $4,224,751 *A small amount of the per room charge in the TAP fund column would actually be posted to the Sandbridge Fund ••Fees,fines,inspections and business licenses Comments or Questions? Mayor Jones expressed his appreciation to Mr. Williams for the presentation. July 10, 2018 23 CITY MANAGER'S BRIEFINGS PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL ITEM#68284 4:03 PM Mayor ones welcomed Steven R. Cover, Deputy City Manager. Mr. Cover expressed his appreciation to the City ouncil for their continued support: PROPOSAL TO ADDRESS ' PUBLIC SAFETY VERTICAL SALARY COMPRESSION \ �' Steven R.Cover Deputy City Manager Here ars the City Manager's Workgroup Members,Mr. Cover serving as Lead: CITY MANAGER'S WORK GROUP • Goal: Identify"rules of engagement" for a draft policy • Lead: Steven R. Cover, DCM • Members: • James Cervera, Police Chief • David Hutcheson,Fire Chief • Edward Brazle, EMS Chief • Stephen Williams,Director of ECCS • Regina Hilliard,Director of Human Resources • William Edwards,Manager of HR/Staffing&Compensation • Monica Kopin,Human Resources Coordinator • Jonathan Hobbs,Administrator Budget&Mgmt Services July 10, 2018 24 CITY MANAGER'S BRIEFINGS PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL ITEM#68284 (Continued) Here is ,n Overview of the Work Group Project Milestones: WORK GROUP PROJECT MILESTONES • Three milestones were provided to the work group: • June 30,2018-Recommendations to address vertical compression among public safety employees • October 1,2018-Recommendations for public safety pay system provided to MLT • January 2019-Recommendations for horizontal compression Below a e the costs using the methodology focused on determining the highest salary within the lower rank, wi,h the goal of moving the supervisory salary to $1 above the lower rank personnel: 110W WE GOT HERE: EFFORTS TO ADDRESS Public Safety vertical salary compression methodology: ensure supervisors have higher salary than lower rank personnel • 2006:$3.7 million • 2007:$3.45 million • 2013:$416,000 • 2016:$481,000 • 2017:$642,000 Note:some horizontal costs were included while addressing vertical comgession 2006//2007 July 10, 2018 25 CITY MANAGER'S BRIEFINGS PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL ITEM#68284 (Continued) VERTICAL COMPRESSION USING PRIOR METHODOLOGY • 59 sworn supervisors are compressed by those in lower pay levels. • Police: 14 • Fire: 27 • EMS: 10 • Sheriff: 5 • ECCS: 3 • The approximate cost of addressing:$548,400 Here ars.the concerns with using the prior methodology for Vertical Compression: VERTICAL COMPRESSION USING PRIOR METHODOLOGY Concerns: • This method would address salary compression only for the present time:the next promotion could cause vertical salary compression to recur. • The supervisor received the compression adjustment even if the lower rank personnel had a special skill(i.e.,medic)that the supervisor did not. • No recognition of the value of tenure in lower rank personnel in comparison to new supervisor • Costly to maintain July 10, 2018 26 CITY MANAGER'S BRIEFINGS PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL ITEM#68284 (Continued) Below a e the costs of using the Work Group Methodology: VERTICAL COMPRESSION USING WORK GROUP METHODOLOGY • 43 sworn supervisors are compressed by those in lower pay levels • Police: 10 • Fire: 15 • EMS: 10 • Sheriff: 5 • ECCS: 3 • The approximate cost of addressing: $173,000 Here is t'e City Manager's Work Group Proposal: CITY MANAGER'S WORK GROUP PROPOSAL • Ensure public safety supervisors reach the midpoint of their assigned pay range within three years following promotion to supervisory title • City Council-approved merit increases will be used to continue moving supervisor from midpoint to maximum of pay range July 10, 2018 27 CITY MANAGER'S BRIEFINGS PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL ITEM#68284 (Continued) Here arz some of the advantages of the City Manager's Work Group Proposal: CITY MANAGER'S WORK GROUP PROPOSAL • Advantages of proposal: • Focuses on the supervisor's position on the pay range rather than the salary of subordinates • Provides clarity to public safety personnel,the City Manager,and City Council • Accepts that employees may have a higher salary than supervisors for a brief period of time(typically 5 years maximum) • Provides a level of predictability desired by public safety personnel • Pay adjustments use available resources responsibly • Sustainable in the long term Here ar: the some of the challenges of that same Proposal: CITY MANAGER'S WORK GROUP PROPOSAL • Challenges/Feedback on the proposal: • Success of the proposal is dependent on continued funding • May not be applicable to non-public safety personnel. • It's a change from how we've been doing it. • Remaining Issues to address: Specialty pay(stipends) Horizontal compression • The rest of the City workforce • Communication Issues: Tight timeline-Council to see proposal first Employees input • Compression-Has occurred over many years-It will be difficult to fix in one year July 10, 2018 28 CITY MANAGER'S BRIEFINGS PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL ITEM#68284 (Continued) QUESTIONS? 1111111111111111.1111111111111 Mayor ones expressed his appreciation to Mr. Cover for the presentation. July 10, 2018 29 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 4:30 PM Mayor J'nes welcomed Carolyn Smith, Planning Administrator and Jimmy McNamara, City Planner. Mrs. Sm th thanked expressed her appreciation to the City Council for their continued support: Ciry of Virginia Beach Planning Items August 7th & 21st `!. City Council Meetings There at-- ten (10)Planning Items scheduled for August 7`'': SUMMARY — August 7th 10 Planning items tentatively scheduled for City Council's consideration All items are tentatively scheduled pending the results of the July 11T"Planning Commission Public Hearing 1. Nathan Hinch Waicunas—Kempsville District • Conditional Use Permit(Home Occupation-Retail Sales) r�M• Bry�Me,/LYn�fuv�n 2. Brittany Primmer—Centerville District • Conditional Use Permit(Family Day-Care Home) 3. H&S Development Group,LLC—Beach District I • Conditional Use Permit(Communication Tower) Kwapsvtas 4. Vision,Inc.—Kempsville District L, /"- • Subdivision Variance(Section 4.4(b)) ( !•�lam, 1. . • 5. Christopher Stankus—Princess Anne District • Conditional Use Permit(Commercial Kernel)n Princess Anna � �'"'�•'�� I � � July 10, 2018 30 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) SUMMARY — August 7th 10 Planning items tentatively scheduled for City Council's consideration All items are tentatively scheduled pending the results of the July 11°'Planning Commission Public Hearing 6. Edith Monroe—Bayside District s1� . f • Conditional Use Permit(Family Day Care Home) req•a.� zynnMx.n r� 7. Donna C.Denham—Kempsville District }�( t • Conditional Use Permit(Family Day-Care Home) i / t 8. Princess Anne Hotel,LLC—Princess Anne District ^-,/",_ '—t.y,_ • Conditional Rezoning(B-2 Community Business to Conditional /Nsmpav11N/y .,w / R"`" B-4 Mixed Use) I ! _ / 1 �_ R N.11 9. HO dDicAaswn of Prnffershville ,LLC—Princess Anne District .�f: � j_• 10.Edgar Cayce's A.R.E. ,� ---,�_ • Roadside Guide Sign , •••• �\ r Nathan Hinch Waicunas Agenda Item Council District Kempsville Location 1332 Stringfellow Court as R 15 'h lq a .M��y�.i / a e \,t+ s� se°Il h.* 1i? '.4J Conditional Use Permit(Home Occupation—Retail Sales) Staff recommends Approval July 10, 2018 31 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Nathan Hinch Waicunas s L • 1,- - - -'�� • In the process of obtaining a Federal Firearms License 1,34 9•41 • Sales by appointment only • No general sales of firearms • No more than five transactions per month Brittany Primmer Agenda Item Council District Centerville Location 1001 Eagle Point Drive 2 ,. .„ .. , , ..... 7 ,, , __ //r l/ k fir , t.•w' , �I { 4 = y r cr^ ;1.[tp R.75 t- ,,c, Conditional Use Permit(Family Day-Care Home) Staff recommends Approval July 10, 2018 32 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Brittany Primmer 44414 r • Proposes to care for up to 12 children fd • Enclosed backyard for children to play • Typical hours of operation from 5:00 a .to 6:30 p.m. H & S Development Group, LLC Agenda Item Council District Beach Location 1236 Prosperity Road 3 4 "11 • - c44.17 / 444,;art . „ ' ' Conditional Use Permit(Communication Tower) Staff recommends Approval July 10, 2018 33 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) H&S Development Group,LLC I`rrf t, 44.11, —� •l l: ( t.� NAF: I �F / ilii •119, Z ,5 `FII � ` II ii +j� ' { as* x�SSW ,I • 10,000 square feet of leased space behind the ` q, ! ...,== Elks Lodge r a ' y`__'.p lit ' ! II .�. ' rTotal height of 159 feet aYl9\ a� • Access through a 15-foot wide easement _izi Vision, Inc. Agenda Item Council District Kempsville Location 5558 Daniel Smith Road 4 ,,,..,,,, , '-'4--, . 17-----,.// ,,-6 7 i 40401 r # c Subdivision Variance(Section 4,4(b)of the Subdivision Regulations) Staff recommends Approval July 10, 2018 34 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Vision,Inc. d /, % fr - -- E _ i urxw O _ \\ •fir 1 1 Lat f • Property zoned R-7.5,requiring 75 feet of lot width J.1 —i;' . 11(111_ • Lots proposed with 66.17 feet of a lot width 1 ! t -J it r _' • Lots proposed with nearly 21,000 square feet(7,500 square feet required) • Single-family dwelling proposed for each of the lots Christopher Stankus Agenda Item Council District Princess Anne Location 3612 West Neck Road 5 . ,�,. tr ma. _ y} KI k, , I loo lir - s , __ , Conditional Use Permit(Commercial Kennel) Staff recommends Approval July 10, 2018 35 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Christopher Stankus al • • Up to 12 dogs to be trained to assist veterans with disabilities 1t1 • Dogs kept indoors within a heated/air- conditioned building onsite when not being trained(6:00 p.m.to 7:00 a.m.) Edith Monroe Agenda Item Council District Bayside Location 164 Onondaga Road 6 �\ R/ R 7 Conditional Use Permit(Family Day-Care Home) Staff recommends Approval July 10, 2018 36 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Edith Monroe ' — ---:- - ' --/- ;..T1 .1114 • Proposes to care for up to 12 children • Enclosed back yard for the children to play • Typical hours between 6:00 a .and 6:00 p m Donna C. Denham Agenda Item Council District Kempsville Location 965 Edwin Drive 7 -, ,. , ,, . -' C Rao 'Pt* •' ' *if; -.,. ,. RIO 4 . . a • „ ar a i'�.v�J) 4A - d RIO Ai4 Conditional Use Permit(Family Day-Care Home) Staff recommends Approval July 10, 2018 37 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Donna C.Denham • §k t t s C, ter. • Proposes to care for up to 12 children • Enclosed back yard for the children to play • Typical hours between 7:00 a .and 6:00 p.m. Princess Anne Hotel, LLC Agenda Item Council District Princess Anne Location Northeast corner of Princess Anne Road&Community College Plac8 e WVresr-7914 ASMQ"0 :�p��ttoY Conditional Rezoning(B-2 Community Business to Conditional B-4 Mixed Use) Staff recommends Approval July 10, 2018 38 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Princess Anne Hotel,LLC 7`..f-,:!:::: aw e o•J I 410 f ; 7 ,.// 14,tl fir, 14 Y + p __ , b 3 .. Asa • City-owned property marketed by Economic Development • Proposing to subdivide into 3 parcels to develop with 2 hotels and a 5,200 square-foot stand along restaurant HOFD Ashville Park, LLC Agenda Item Council District Princess Anne Location Ashville Park Boulevard 9 ._..„, ,. J. , .. 4 `. . , ,,,,,} ice �"'' . 4.-I, i4-4,:f '"'..41:4;f i..! ,r�i`%5."....2 , 4.:, ', ..--,r--2...- - , . t-, .. ,..-7 , , ,,,, „ , , . Modification of Proffers Staff recommends Approval Planning Commission voted 10-0 to recommend Approval July 10, 2018 39 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) HOFD Ashville Park,LLC uunu¢ ,..I �:� 4 �4uSe O�'eg • Deferred by Council at the June 19'^public hearing • Cost participation agreement between City and developer for drainage improvements • More open space acreage with expanded lakes • No additional dwelling units requested Edgar Cayce's A.R.E Agenda Item 10 EDGAR CAYCE'S A,R.E. HEADQUARTERS AND VISITOR CENTER •• Roadside Guide Sign Staff recommends Approval July 10, 2018 40 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) There are ten (10)Planning Items scheduled for August 21st: SUMMARY — August 21st 10 Planning items tentatively scheduled for City Council's consideration All items are tentatively scheduled pending the results of the July 11th Planning Commission Public Hearing 1. Ronald F.Giesin,Jr.-Bayside District 7 `/ c • Conditional Use Permit(Motor Vehicle Rentals) I i 2. Lynnhaven Area Properties,LLC-Beach District ''. Bays. Lyrmhae.n • Conditional Use Permit(Car Wash&Automobile Repair r a = -�� Establishment) ?1'j 144 . +a 3. Greenway Towing,LLC-Beach District / j i • Modification of Conditions(Bulk Storage Yard) i : r t • Modification of Proffers Kamp.vlu.^�� '-",-..1 Beach 4. Wal-Mart Real Estate Business Trust-Princess Anne �� ,, i District �� < R Hall ( 5 • Conditional Use Permit(Bulk Storage Yard) -' _ - 5. Wal-Mart Real Estate Business Trust-Beach District =�` ` AVL j • Conditional Use Permit(Bulk Storage Yard) } ceuh iiin L-. . v 6. Wal-Mart Real Estate Business Trust-Rose Hall District PrtzsasAnne r • Conditional Use Permit(Bulk Storage Yard) "\ SUMMARY — August 21St 10 Planning items tentatively scheduled for City Council's consideration All items are tentatively scheduled pending the results of the July 11th Planning Commission Public Hearing 7. Wal-Mart Real Estate Business Trust-Beach District - (` • Conditional Use Permit(Bulk Storage Yard) t J `. \ r 8. 2734 Street Garage,LLC-Beach District B ", ,. s.r�. Lnmm ha. 1 • Alternative Compliance J__/ "'°'"" f 9. City of Virginia Beach ' es ' .-.� • An Ordinanceto Amend Section 104 of the City Zoning -r •, Ordinance pertaining to the Maximum and Minimum s'--� —+ t p.wl Misdemeanor Fines for Violations Kom % `-'-�.-i-y'". / Beach 10.City of Virginia Beach J �. • An Ordinance to Amend Sections 111,301,401,501,601,701, ``• `)- t\.-Rose Hallj/ / 801,901,1002,1501,1521,1531,2203 and Section 5.2 of the ••••,,� I Oceanfront Resort District Form Based Code pertaining to t �� .•l - Mobile Food Vending Definition and UsesC i 7 — f P,,nce..Anne r 1 July 10, 2018 41 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Ronald F. Giesin, Jr. Agenda Item Council District Bayside Location 519 N.Witchduck Road 1� / 15-12' R.7 5 • 2 ttA V' T $►t''4e t,y .... .b:." _ ,'�• 1 - -7 F-) RR.5 Conditional Use Permit(Motor Vehicle Rental) Staff recommends Approval Ronald F.Giesin,Jr. ii. is wltcHDUCK COURT i dtwo wM1kle. • Proposing up to display up to 2 U-Haul vehicles for rent alongside existing building • 11 parking spaces required for uses on-site,with 13 spaces provided July 10, 2018 42 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Lynnhaven Area Properties, LLC Agenda Item Council District Beach Location Near Corner of Laskin Road& Regency Drive 2 -t-'4..,,.... _ ,.;;,.,,,,,.,. :. if_F Is', * '% Y . wm1 `1KOT y<.A'r. ' i 1 x- 45. Conditional Use Permit(Car Wash&Automotive Repair Establishment) Staff recommends Approval Lynnhaven Area Properties,LLC M�LLTOP GAR WASS S�`•a y_\ -2Y: - ek.s_._. I r -'4. - _r e - as """'°."'N°"4 � .3�.� is tP —= . - =4 ;w..—E......r- - `" ' imi • 3,840 square-foot automatic car wash/auto detail&vehicle maintenance facility • Staff recommends removal of the 6 cash vacuums and parking spaces proposed along Regency Drive,at the front of the site July 10, 2018 43 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Greenway Towing, LLC t/a Aristocrat Towing Agenda Item Council District Beach location West Side of Washington Avenue,South of Virginia Beach Boulevard \\ von 0. • • 74- ro w 't777 l '�l. t 110 y�A Modification of Proffers/Modification of Conditions(Bulk Storage Yard) Staff recommends Approval Greenway Towing,LLC t/a Aristocrat Towing �••• �''�E b • Requesting an additional 5 years for the Bulk Storage Yard for the r p storage of vehicles and tires • Surrounded by an eight-foot high fence with aluminum slats and barbed wire • Proposing to install Category I plant material along the fence July 10, 2018 44 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Wal-Mart Real Estate Business Trust Agenda Item Council District Princess Anne Location 1149 Nimmo Parkway 4 ,..„0„.„,,,„ , , _;,_„7.,,,,,.,,,,...„,.., _ „.....„ , ., 7 4, 4 .,.,-',^-,--'7,i ' ,4 .- iFY �G�1 � r1,:-._,//,.: � yam _ N -. ' AG-2 -� „9 �,vCrwfid ' Conditional Use Permit(Bulk Storage Yard) Staff recommends Approval Wal-Mart Real Estate Business Trust I - ate I • Requesting removal of time limit,as 2-year time limit expiring,for seasonal storage of containers • 20 containers proposed west of Walmart,behind the shopping center,near loading dock • Area well-screened from Newstead Drive,and residential properties to the west July 10, 2018 45 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Wal-Mart Real Estate Business Trust Agenda Item Council District Beach Location 546 First Colonial Road 5 tli, i Y e r . e 2 ` t' I. ,v 1. Conditional Use Permit(Bulk Storage Yard) Staff recommends Approval Wal-Mart Real Estate Business Trust b_.j.,.........\:lk .."-- ... # /' _____.: : - ti, :::::". ,,,,:, ,, .rr • Walmart recently remodeled following Kmart's departure from the site • Seasonal installation of 10 containers proposed on east side of existing building • Proposing wooden plank walls as a means of screening area from adjacent properties July 10, 2018 46 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Wal-Mart Real Estate Business Trust Agenda Item Council District Rose Hall Location 2021 Lynnhaven Parkway 6 _ „. _ , ..... . .„, -i...— L`6`ro R fpm n t-r T , :-„, , : . ..,. ..„.. .., .oma / CA��. ,,,iii„ , ,::::,,,,,,,,,.,f, \ i-_, t -vie:, , _:., . "aV./.0 ,,,-,P, .,. . x44, c 2 . / ',„,_,_,...,,, cip. 1, It Conditional Use Permit(Bulk Storage Yard) Staff recommends Approval Wal-Mart Real Estate Business Trust ti • Requesting removal of time limit,as 2-year time limit expiring,for seasonal storage of containers • 20 containers to be located on the west and south sides of the existing building • Area well-screened from residential to the west and from rights-of-way July 10, 2018 47 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) Wal-Mart Real Estate Business Trust Agenda Item Council District Beach Location 657 Phoenix Drive 7 �' >r ,r O i i P -, PsT.ry a rlr %/`��/,moi® ' e , '.1 _E'2"4.111.„,,_,,-,EA,-,. , 1-4!- , --- =1,, , ,, , , ,,,,..r_ ors ._,,, fT2E1 Conditional Use Permit(Bulk Storage Yard) Staff recommends Approval Wal-Mart Real Estate Business Trust ,j0111V.. i Aalailla ' Alk * •s ,...ER ` • Requesting removal of time limit,as 2-year time limit expiring,for seasonal storage of containers. • 10 containers proposed on north side of building. • Area well-screened from property to the west,existing off-site plant material on site to the north providing effective screening. July 10, 2018 48 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) 27 1 Street Garage, LLC Agenda Item Council District Beach Location 2613 Atlantic Avenue 8 in,..x „ .,;,...,.,:4 i, Ix 1 `� \ \\ a n„ \ ,...- ---,,,,iffr_10 \ , Alternative Compliance Section 5.3.2 of the Oceanfront Resort District Form-Based Code Staff recommends Approval 27 Y:Street Garage,LLC ® r- -- _. j , lemem:sammet- \\,_ uom — [ .P:w wapr:[' _ 4r j INI.• E - —-,.... illiiil ._-_. . /AV ww w• E- I • Proposing 100%multi-family residence,Form-Based Code has a limit of 15% • Proposal for 234 units(Potential 300 units by-right) • Restaurant and retail on the first floor • Parking structure proposed at 2701 Pacific Avenue July 10, 2018 49 CITY MANAGER'S BRIEFINGS ADD ON PENDING PLANNING ITEMS ITEM#68285 (Continued) City of Virginia Beach Agenda Item 9 An Ordinance to Amend Section 104 of the City Zoning Ordinance pertaining to the Maximum and Minimum Misdemeanor Fines for Violations Staff recommends Approval City of Virginia Beach Agenda Item 10 An Ordinance to Amend Sections 111,301,401,501,601,701,801,901,1002,1501,1521, 1531,2203 and Section 5.2 of the Oceanfront Resort District Form-Based Code pertaining to Mobile Food Vending Definition and Uses Staff recommends Approval Mayor J,nes expressed his appreciation to Mrs. Smith and Mr. McNamara for the presentation. July 10, 2018 50 CITY COUNCIL COMMENTS ITEM#68286 4:51 P.M. Councilman Moss advised the lawsuit concerning the captain's examination competition for promotion was dismissed and read a portion of Judge Lewis's decision, "Let me make it clear to everyone who is intereste in this case that I, in no way shape or form, condone what was done by the folks in charge running t is captain's examination. I can understand why the grievant's are upset about it, I would be too, cheating is cheating, it's not right. That having been said, I'm going to have to agree with the City that 1 dor't have jurisdictions to hear the case. " Councilman Moss feels it is important and this is not repeated. July 10, 2018 51 AGENDA REVIEW SESSION ITEM#68287 4:55 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT initiatives and opportunities re make the City a Livable Community for All Ages Ordinance to AUTHORIZE and ADOPT a Revised City Council Policy re Time Limits for Speakers at City Council Meetings . Resolution to SUPPORT the City's 2018 Applications for the Virginia Department of Transportation (VDOT) SMART SCALE Program for FY2023-24 and FY2024-25 re improvement projects for General Booth/Oceana Boulevard Intersection; General Booth Boulevard;Laskin Road Phase III,• and First Colonial Road Resolution to ENDORSE the Interstate 264 Town Center-Pembroke Signs and AUTHORIZE reimbursement of costs re sign modification '. Resolution to AUTHORIZE a Memorandum of Understanding (MOU) with Preservation Virginia for the purchase of two (2) shuttle buses re Cape Henry Lighthouse and First Landing Monuments 6'. Resolution to AUTHORIZE the issuance of Residential Care Facility Revenue and Refunding Bonds not to exceed $85-Million by the Virginia Beach Development Authority (VBDA) re Westminster-Canterbury on Chesapeake Bay 7. Ordinance to ESTABLISH CIP re Flood Mitigation Assistance (FMA) Grant Program III and ACCEPT/APPROPRIATE $2,914,976 from the Virginia Department of Emergency Management (VDEM) I. Ordinance to APPROPRIATE $195,000 from Town Center Special Service District (SSD) Revenue Fund to the Town Center Special Service District (SSD) Operating Budget re contractual services, repair and maintenance Ordinance to ACCEPT/APPROPRIATE $15,000 from the Virginia Department of Emergency Management (VDEM) to the Office of Emergency Management's Operating Budget re medically friendly shelter capabilities and AUTHORIZE an In-Kind Grant Match 10. Ordinance and Resolution re SPORTS CENTER: a. TRANSFER $3.5-Million from Dome Site Entertainment Venue CIP to Central Beach and Convention Districts Parking CIP b. AUTHORIZE City Manager to EXECUTE a Comprehensive Agreement ITEM#2 WILL BE CONSIDERED FOR WITHDRAWAL ITEM#10a/b WILL BE CONSIDERED SEPARATELY COUNCILMAN UHRIN FILED A DISCLOSURE LETTER FOR ITEM#10a/b July 10, 2018 52 AGENDA REVIEW SESSION ITEM#68287 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PL NING ENOCH BAPTIST CHURCH and VOLUNTEERS OF AMERICA, INC.for Modification of Conditions re group home at 5677 Herbert Moore Road(Approved April 16, 1979) DISTRICT 2—KEMPSVILLE ST. LUKE CATHOLIC CHURCH and CATHOLIC DIOCESE OF RICHMOND for Modification of Conditions re religious use at 2304 Salem Road (Approved November 27, 1990)DISTRICT 7—PRINCESS ANNE . JOHNS. and KAREN S. WALLER for a Conditional Change of Zoning from AG-1 and AG- 2 Agriculture to Conditional R-10 Residential at 2313 Treesong Trail DISTRICT 7 — PRINCESS ANNE 4. JAND B DESIGN, INC. and VILLAGE SHOPPES ASSOCIATES,LLC for a Conditional Use Permit re tattoo parlor at 3157 Virginia Beach Boulevard DISTRICT 6—BEACH 5. THE LASH CEO,LLC and SIFEN DEVELOPMENT COMPANY,INC.for a Conditional Use Permit re tattoo parlor at 1060 Lynnhaven Parkway DISTRICT 3—ROSE HALL 6. NINA and WILLIAM GILBERT for a Conditional Use Permit re residential kennel at 5716 Blackwater Road DISTRICT 7—PRINCESS ANNE 7. HALLE PROPERTIES, LLC and GOPA THREE, LLC for a Conditional Use Permit re automobile repair garage at 620 First Colonial Road DISTRICT 6—BEACH ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#7 APPLICANT HAS REQUESTED WITHDRAWAL July 10, 2018 53 ITEM#68288 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; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • 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 July 10, 2018 54 ITEM#68288 (Continued) Upon motion by Council Lady Kane, seconded by Councilman Uhrin, City Council voted to proceed into CLOSE n SESSION at 5:01 P.M. Voting: 10-0 Council embers Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council embers Absent: None Closed S:ssion 5:01 P.M. - 5:59 P.M. July 10, 2018 55 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 10, 2018 6:00 P.M. Mayor nes called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City council Chamber, City Hall, on Tuesday,July 10, 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, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None INVOCTION: Reverend Kim Hodges Pastor, Lynnhaven Colony Congregational Church, United Church of Christ 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 34th 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. July 10, 2018 56 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.Iune 2, 2015, is hereby made a part of the record. July 10, 2018 57 Item—VI-E CERTI ICATION ITEM#68289 Upon m tion by Councilman Moss, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council embers Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council i embers Absent: None July 10, 2018 c��1'.BEA 6 'Ilk .' , ie sE0UR 111" RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL W 1 EREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#68288 Page 54 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. mandaarne , s MMC B City Clerk July 10, 2018 58 Item—VI-H.1 MAYO 'S PRESENTATION ITEM#68290 GENERAL ASSEMBLY RESOLUTION COMMENDING WILLIAM D.SESSOMS, JR. Mayor J nes introduced Delegate Barry Knight who introduced Senator William R. DeSteph, and Delegat Glenn Davis, Kelly Convirs-Fowler, Cheryl Turpin,Joseph Lindsey and Jason Miryares. Delegate Knight presented Honorable William D. Sessoms, Jr., with House Resolution No. 647, commen r ing him for his years of service to the residents of Virginia Beach. July 10, 2018 HOUSE RESOLUTION NO.647 Offered May 30,2018 Comm'riding William D. Sessoms, Jr. Patron--Knight WHERE S,William D.Sessoms,Jr.,stepped down as Mayor of Virginia Beach on April 30,2018,after more than 15 years of dedicated service and leadership as a city council member,vice mayor,and mayor;and WHEREAS,William"Will"D. Sessoms,Jr.,grew up in Virginia Beach,where he attended First Colonial High School;after graduating from Virginia Commonwealth University,he pursued a career in banking,becoming senior vice president of Wachovia Bank and president of TowneBank;and WHEREAS,desirous to be of further service to the community,Will Sessoms ran for and was elected to an at-large seat on the Virginia Beach City Council in 1988;he was subsequently elected by his fellow council members to serve as vice mayor between 1992 and 2002;and WHEREAS,Will Sessoms was elected Mayor of Virginia Beach in 2008 and later won election to two additional terms;during his tenure,he worked to create jobs,improve the environment,and strengthen communities throughout Virginia Beach;and WHEREAS,Will Sessoms has served as director of the Virginia Beach Neptune Festival,Virginia Beach Volunteer Rescue Squad Foundation,Virginia Marine Science Museum,Virginia Beach Central Business District Association,and Virginia Beach Viiion;and WHEREAS,Will Sessoms has also volunteered his time and leadership to numerous civic and service organizations,including the American Heart Association,the Boys and Girls Club,Sentara Healthcare,and the Norfolk State University Foundation; and WHEREAS,after his well-earned retirement from public office,Will Sessoms will continue to live in Virginia Beach and seek new opportunities to serve the community;now,therefore,be it RESOLVD by the House of Delegates,That William D.Sessoms,Jr.,hereby be commended for his more than 15 years of service toIthe residents of Virginia Beach;and,be it RESOLV1 D FURTHER,That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to William D.Sessoms,Jr.,as an expression of the House of Delegates'admiration for his contributions to the community and best wish-. in future endeavors. 59 Item—VI-H.2 MAYO 'S PRESENTATION ITEM#68291 PROCLAMATION PARKS AND RECREATION MONTH JULY 2018 Mayor J nes introduced and welcomed Michael Kirschman, Director—Parks and Recreation, and presented a Proclamation declaring July 2018 "Parks and Recreation Month". Mayor Jones encouraged all citizens, city members and civic organizations to join him in supporting the City's Parks and Recreation programs by visiting a community recreation center,park or other natural area. Mr. Kirschman expressed his appreciation to City Council for their continued support of Parks and Recreation July 10, 2018 0141A'B@g0 ,z.Y 2 i �o ri a,4ra ,j, a'OUR NATe. `e- 1 it, ro ttamatt o n Whereas: Parks and recreation programs are an integral-part of the City of Virginia (Beach with 2.7 parks and parkfacilities, seven community recreation centers, 7,069 acres of parkkind and op space;and- Whereas: ndWhrereas: Sixty-one percent of the community resides within a half-mice walkto a park and Whereas: Parks and recreation programs are vitally important to esta6lishing and maintaining t' quality of life in our community, ensuring the health of all citizens, programming active a passive activities for citizens, and contri6uting to the economic and environmental-well-bei,; of our community;and Whereas: Parks and recreation is an integral-part of our Council's vision, contributes to the achieveme t of the goals in the Sustainability Plan, and supports the Vr6an(Forest Management Plan;a W et as: Parks and recreation programs provide therapeutic recreation and inclusion services f., individuals with cognitive or physical-needs;and Wfiersar Parks and recreation programs increase a community's economic prosperity through increase property values, increased tourism, the attraction and retention of 6usinesses, and cri reduction;and Whereas: Parks and natural-areas improve water quality, assist with storm water and sea level ris- improve the quality of the air we breathe, and-produce habitat for wilfe;and %%..vas Parks and natural areas and open space provides a place for children and adults to conne with nature and recreate outdoors;and Whereas: The Parks and Recreation Department is a CAPPRAAccredited agency. Now,Therefore,I,Louis cN,Jones,Mayor of the City of Virginia Beach,do hereby proclaim: Jury 2018 Par&s andcreation Month In Virginia Beach, andI encourage all citizens, city members and civic organizations to join me in supporti ; our Parks and&Rgcreation programs 6y visiting a community recreation center,parkor natural area. In'Witness Whereof, I have hereunto set my hand and caused the Official-Seal of the City of Virginia(Beat Virginia, to 6e affixed this'Third day of July,Two'Thousand Eighteen. 'Airm-4.#4, Louis R,Jones Mayor 60 ADOPT AGENDA FOR FORMAL SESSION ITEM#68292 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 10, 2018 61 Item - VI-I ORDINANCES/RESOLUTIONS ITEM#68293 Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council APPROVED, BY CONSENT:Agenda Items 1, 2 (WITHDRAWAL), 3, 4, 5, 8, and 9 Voting: 10-0 Council ' embers Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 62 Item -VI-I.1 ORDINNCES/RESOL UTIONS ITEM#68294 Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Resolution to SUPPORT initiatives and opportunities re make the City a Livable Community for All Ages Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council embers Absent: None July 10, 2018 REQU STED BY COUNCILMEMBER HENLEY 1 A RESOLUTION TO SUPPORT INITIATIVES AND 2 OPPORTUNITIES TO MAKE THE CITY OF VIRGINIA 3 BEACH A LIVABLE COMMUNITY FOR ALL AGES 4 5 HEREAS, the global population of people aged 60 and over is expected to grow 6 from 6 0 million in 2000 to almost 2 billion by 2050; and 7 8 HEREAS, in the United States, the population of people aged 65 and over is 9 expect d to grow from 35 million in 2000 to 88.5 million by 2050, taking the total share of 10 the 65 nd over population from 12 percent to 20 percent of the total population; and 11 12 WHEREAS, the baseline for a truly livable community for all ages is how well those 13 individuals over 60 years of age are able to thrive in the community; and 14 15 WHEREAS, research shows that Americans overwhelmingly want to remain in 16 their homes and communities as they age; and 17 18 WHEREAS, access to quality health care and long-term services and supports is 19 essentill for all individuals to live in their homes and communities; and 20 21 WHEREAS, access to transportation is an important component of a livable 22 community for all ages; and 23 24 WHEREAS, reduced mobility leads to 15 percent fewer trips to the doctor, 59 25 percent fewer shopping trips and visits to restaurants, and 65 percent fewer trips for 26 social, family and religious activities; and 27 28 HEREAS, the World Health Organization (WHO) has developed a Global 29 Networ of Age-Friendly Cities and Communities to encourage and promote public 30 policies to increase the number of cities and communities that support livable 31 commu ities for all ages and thereby improve the health, well-being, satisfaction, and 32 quality f life for everyone in that community; and 33 34 HEREAS, active aging is a life-long process, whereby the development of a 35 livable ommunity for all ages is not just "elder-friendly" but also intended to be friendly 36 for all a es; and 37 38 HEREAS, the WHO has noted that "making cities and communities livable for all 39 ages is ne of the most effective policy approaches for responding to demographic aging," 40 and 41 42 HEREAS, the WHO has developed eight domains of community life that 43 influenc the health and quality of life: 44 45 1. Outdoor spaces and buildings — accessibility to and availability of clean, safe 46 c mmunity centers, parks, and other recreational facilities; 47 48 2. Transportation — safe and affordable modes of private and public transportation, 49 "Complete Streets" types of initiatives, hospitable built environments; 50 51 3. Housing — wide range of housing options for residents, and other home 52 I odification programs, housing that is accessible to transportation and community 53 nd health services; 54 55 . Social participation — access to leisure and cultural activities; opportunities for 56 esidents to participate in social and civic engagement with their peers and both 57 Ider and younger people; 58 59 . Respect and social inclusion — programs to support and promote ethnic and 60 ultural diversity, programs to encourage multigenerational interaction and 61 ialogue, programs to combat loneliness and isolation among all residents; 62 63 6. Civic participation and employment — promotion of paid work and volunteer 64 opportunities; opportunities for residents to engage in the formulation of policies 65 relevant to their lives; 66 67 7. Communication and information — promotion of and access to the use of 68 t chnology to keep all residents connected to their community, friends and family, 69 oth near and far; and 70 71 . Community support and health services — access to homecare services, clinics, 72 rograms to promote physical exercise and healthy habits); and 73 74 HEREAS, the WHO has partnered with the AARP to launch a Network of Age- 75 Friendl Communities (NAFC), which recognize that towns, cities and communities have 76 differen needs, resources, and varying capacities to engage their resources to take 77 action t facilitate livable communities for all ages; and 78 79 HEREAS, communities that join the NAFC commit to actively work to make their 80 commu ities a great place to live for people of all ages; and 81 82 HEREAS, as of June 1 , 2018, more than 250 communities in the United States, 83 includin five localities in the Commonwealth of Virginia have joined the NAFC; and 84 85 WHEREAS, the City, in collaboration with the Virginia Beach Mayor's Commission 86 on Agin , Senior Services of Southeast Virginia, , the Virginia Beach Department of Public 87 Health, he Mayor's Youth Leaders in Action, AARP of Southeast Virginia, and other 88 membersof the community are committed to making the City a great place to live for 89 people f all ages; 90 91 NOW, THEREFORE, BE RESOLVED THAT THE CITY COUNCIL OF THE CITY 92 OF VIRGINIA BEACH, VIRGINIA, THAT 93 94 1. The Council supports initiatives and opportunities to further efforts to make the 95 City of Virginia Beach a Livable Community for All Ages. 96 97 . The City Manager is directed to promote and encourage policies supporting 98 healthy aging, including submitting an application to register the City in the 99 Network of Age-Friendly Communities. dopted by the Council of the City of Virginia Beach, Virginia, on the 1 ottclay of July , 2018. AP D AS TO LEGAL SUFFICIENCY: City Attorney s A ffice CA14467 R-1 June 8, 2118 3 63 Item -VI-L2 ORDINANCES/RESOLUTIONS ITEM#68295 Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council WITHDREW, BY CONSENT, Ordinance to AUTHORIZE and ADOPT a Revised City Council Policy re Time Limits for Speakers at City Council Meetings Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 64 Item -VI-L3 ORDINCES/RESOL UTIONS 7, ITEM#68296 Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Resolution to SUPPORT the City's 2018 Applications for the Virginia Department of Transportation (VDOT) SMART SCALE Program for FY2023-24 and FY2024-25 re improvement projects for General Booth/Oceana Boulevard Intersection; General Booth Boulevard; Laskin Road Phase IF; and First Colonial Road Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 1 A RESOLUTION TO SUPPORT THE CITY'S 2 APPLICATIONS FOR THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION SMART SCALE PROGRAM FOR FY 4 2023-24 AND FY 2024-25 FUNDING 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications through 7 the Virginia Department of Transportation (VDOT) SMART SCALE program, and 8 projects submitted to this grant program are reviewed and scored by VDOT based on 9 an objective outcome-based process in the following areas: Congestion Mitigation, 10 Safety, Accessibility, Environmental Quality, Economic Development, and Land Use 11 Coordination; 12 13 WHEREAS, requested VDOT SMART SCALE revenue reimbursement can be up 14 to 100% of the total project cost, although the locality's ability to contribute to the 15 submitted project is a factor in the award process; and 16 17 WHEREAS, the City's highest priority improvement projects that meet the 18 eligibility for funding are General Booth Boulevard and Oceana Boulevard Intersection, 19 General Booth Boulevard, Laskin Road Phase III, and First Colonial Road. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City of Virginia Beach City Council hereby supports applications 25 through the Virginia Department of Transportation SMART SCALE Program to request 26 $3,600,000 for General Booth Boulevard and Oceana Boulevard Intersection, 27 $18,000,000 for General Booth Boulevard, $25,800,000 for Laskin Road Phase III, and 28 $44,200,000 for First Colonial Road. 29 30 2. That the required matching funds will be provided from the allocation of 31 local funding by the Council in the City's Capital Improvement Program. 32 33 3. That the City Manager is hereby authorized to execute on behalf of the 34 City of Virginia Beach all necessary project agreements for project development and 35 construction. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of .Till y , 2018. 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Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 1 A RESOLUTION TO ENDORSE INTERSTATE 264 TOWN 2 CENTER-PEMBROKE SIGNS AND TO AUTHORIZE 3 REIMBURSEMENT OF COSTS ASSOCIATED WITH SIGN 4 MODIFICATION 5 6 WHEREAS, Town Center is an important and vital regional employment center, 7 cultural place, and mixed-use community that is home to nearly 20,000 jobs, and is 8 visited by millions of people every year; 9 10 HEREAS, the City of Virginia Beach and the Central Business District 11 Associ tion are interested in facilitating ease of access to Town Center, including for 12 motori is from both the eastbound and westbound directions of Interstate 264; and 13 14 HEREAS, the Virginia Department of Transportation (VDOT) requires an action 15 by the ity Council in order to support modifications of roadway signage. 16 17 OW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGI IA BEACH, VIRGINIA: 19 20 1. That the Virginia Beach City Council hereby endorses designating the 21 area p esently known as Pembroke Area as Town Center-Pembroke. 22 23 . That the Virginia Beach City Council requests that VDOT modify existing 24 Suppl mental Guide Signs along Interstate 264 to read Town Center-Pembroke. 25 26 3. That a copy of this resolution shall be transmitted to VDOT. 27 28 . That the City Manager is hereby authorized to execute on behalf of the 29 City of Virginia Beach all necessary project agreements for project development and 30 install ion. 31 32 . That $94,239 is authorized for use, within CIP Project #9-081 Strategic 33 Growt Area Projects, to reimburse the Virginia Department of Transportation for the 34 require sign modification. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of July , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 7FICIENCY: Budget and Management Services ttorney's Office CA1447! R-1 June 27 2018 G it W `� 1 i ,I C,,/f� J „,. 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O f i IS; : ...lill:--:-.. :'31.-'r':::- "-I'.,,- ."11:-,.:., If I p .1- - „-.,;. 7,,1-,... h r.„,,- , ,/,-,.. ..-:- -,,,, , i LID . _„ ` a, N t l,,- . ....._,_.,, a a - Cl.)..-' C 66 Item—VI-.I.5 ORDINANCES/RESOLUTIONS ITEM#68298 Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE a Memorandum of Understanding (MOU) with Preservation Virginia for the purchase of two (2) shuttle buses re Cape Henry Lighthouse and First Landing Monuments Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 1 A RESOLUTION TO APPROVE A MEMORANDUM OF 2 UNDERSTANDING BETWEEN THE CITY AND 3 PRESERVATION VIRGINIA FOR A SHUTTLE TO CAPE 4 HENRY LIGHTHOUSE AND FIRST LANDING 5 MONUMENTS 6 7 WHEREAS, the Reconciliation Budget included $210,857 for two 12-passenger 8 shuttle buses to assist visitation to Cape Henry Lighthouse and First Landing Monuments; 9 and 10 11 WHEREAS, the City staff have discussed details with Preservation Virginia, and 12 the Staff seek approval of changes to what was included in the Reconciliation Budget; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA, THAT: 16 17 The City Council hereby approves of a memorandum of understanding (MOU) 18 between the City and Preservation Virginia, provided such MOU is consistent with the 19 attached summary of terms, which is incorporated herein as Exhibit A. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th day of July , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ianning/S 4..A Office City • orney's Office CA14481 R-1 June 29, 2018 EXHIBIT A Memorandum of Understanding Summary of Material Terms Parties: City of Virginia Beach("City") Preservation Virginia Purpose: Shuttle to Cape Henry and First Landing Monuments Material Terms: City to purchase two 14-passenger buses. City has the right to wrap the buses in furtherance of marketing the City as a tourist destination. City is permitted to rotate buses within its fleet assets. City to maintain liability insurance for vehicles. City to provide fuel. City to provide training for drivers. Preservation Virginia to arrange for drivers for the buses. The drivers are required to complete training as required by City's Risk Management Division. Preservation Virginia to provide reports of number of visitors utilizing shuttles. Preservation Virginia to maintain Workers' Compensation insurance for any driver or employee participating in project. Preservation Virginia to use City's procedure for reporting vehicular accidents. Parties to arrange drop-off and pick-up of vehicles not in use. Parties to review allocation of vehicles and adjust if visitation demand changes provided City is limited to funds appropriated for this purpose. Actual "in service" deployment of buses is dependent upon seasonal visitation and mutually agreed maximization of services delivery. Term: One year. May be extended up to four additional one-year terms. skills and training to provide basic and limited advanced emergency medical care for critical and emergent patients who access the emergency medical system. -Jones and Wood 13. Add $300,000 and authorize two additional FTEs in the Police Department to implement the Workforce Development Program. This program will allow Police Officers who have completed a certain set of criteria, to receive a 5% salary increase once they have completed three years of service with the Police Department. With the completion of additional criteria necessary to achieve the rank of Master Police Officer, an additional 5% salary increase can be achieved after three additional years of service (total of six years of service). Currently, Officers must achieve the requirements of the position and complete six years of service before they are eligible for a career progression to the rank of Master Police Officer. An additional position (1 FTE) will be added in the FY 2019-20 budget for the continued implementation of this program if required. -Jones and Wood 14. Modify 1.7 part-time Psychiatrist FTEs in the Human Services Department to one full-time Psychiatrist and a 0.25 part-time Psychiatrist position (total of 1.25 FTEs). On March 20, 2018, City Council adopted an ordinance to make this change in the department's FY 2017- 18 operating budget; however, due to the timing of that ordinance in relation to the drafting of the City Manager's Proposed Budget, the Proposed Budget reflects the part-time 1.7 Psychiatrist FTEs. As with the ordinance adopted in March, this adjustment in the FY 2018- ]9 operating budget is cost neutral. -Kane 15. In order to comply with new United States Department of Defense security requirements, which prohibit unauthorized visitors to the Joint Expeditionary Base (JEB) from driving personal vehicles on to the base, add $210,857 to the Tourism Investment Program (TIP) Fund for the purchase of two 12-passenger shuttle buses and related operating costs for the Preservation Virginia Cape Henry Landmarks/Fort Story Shuttle Grant. The City, Preservation Virginia and JEB Command staff have developed this option for addressing the new security mandates while also continuing to provide public access to the Preservation Virginia-owned original lighthouse and First Landing monuments across the street. Preservation Virginia will fund the operators for these shuttles and when not in use for this purpose, the shuttle buses will be utilized by the Convention and Visitors Bureau for tourism and Convention Center related activities. In order to offset this increase, the TIP Fund Reserve for Contingencies will be reduced by the same amount. - Wilson and Uhrin 16. Add $105,000, including one FTE, to the operating budget of EMS for the establishment of a City Paramedicine program. The purpose of this program is to provide proactive medical services to individuals who frequently call upon the City's emergency medical resources for routine medical assistance. -Jones and Wood 17. Add $50,000 to the Convention and Visitor's Bureau to support marketing and advertising efforts for the 2019 induction ceremonies for the Virginia Sports Hall of Fame and to help solidify the Hall of Fame's presence at Town Center. - Wood,Dyer, and Davenport s e a o � . ~N } k / m m 0 CD k / \ / / § ® / j S.- 2 9 cu u u u a) 0 t > 2 \ 3 Cu co 2 2 ° e ) ) e @ ) 3 3 { C C 0 ' 2 2 2 2 E < 3 3 / / U < 3 \ 0 U \ § CO N 0 r Co Cr)is. ° i \ / % \ g 2 \ % in w r p w in N N 2 2 N CD10 / ) ) g co "4' > \ § ( / > / CO ] > ) co N a 2 § 6 2 \ CO ) E \ ; « \ ) 8 > § / \ \ co 0 j o co CO f > m ) \ ] a { < § o § / •7 = •d 2 10 / \ 2- \ I \ > E > 0 N i g = N. ) a, > § / } \ A S < ) a . ~ = 0 \ ) $ q / t { ] > ] E 2 0 E • o % t ƒ & 2 £ ] ° Z \ / $ o 0 j - j k \ \ \ / N- 0 \ \ ) 2 *5 ƒ ) Ca co § n k ° - o o ) § ° j CO0.E co E / < & _E o , / \ 7 ) 2 a 7 5 ) \ ° _ : = f o C > , f = ) \ 2 S } •j CI § _ ) k .. & E - E _ & E c b ) ƒ e 2 § / ) , E 2 E i = 3 ) \ \ I r } ƒ 0 ) / ) \ 0 13 o \ > 2z . ) co t 2 ! \ 2 ± c u) > u + ® = E 5 / 0 E 0 j = 2 ) E 0 - o < $ o 3 § g \ 2@ g o \ / CO E / - o i M \ ) ) CO § / f \ 2 ix E CL & G 03 ® 2 ƒ ) - w c \ / k 3 b = 2 E § -" 0. > 3 ƒ \ \ CL \ $ « 0 ) ƒ ) j 67 Item -VLI.6 ORDINANCES/RESOLUTIONS ITEM#68299 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, Resolution to AUTHORIZE the issuance of Residential Care Facility Revenue and Refunding Bonds not to exceed$85-Million by the Virginia Beach Development Authority (VBDA) re Westminster-Canterbury on Chesapeake Bay Voting: 10-0 Council Members Voting Aye. Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 • 1 RESOLUTION OF CITY COUNCIL APPROVING THE 2 ISSUANCE OF RESIDENTIAL CARE FACILITY 3 REVENUE AND REFUNDING BONDS (WESTMINSTER- 4 CANTERBURY ON CHESAPEAKE BAY - SERIES 2018) 5 6 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 7 has approved the application of Westminster-Canterbury on Chesapeake Bay 8 ("Westminster-Canterbury"), a Virginia nonstock corporation, whose primary business 9 address is 3100 Shore Drive, Virginia Beach, Virginia 23451 (the "Community") 10 requesting that the Authority issue up to $85,000,000 of its revenue bonds in one or 11 more series at one time or from time to time (the "Bonds") and loan the proceeds of the 12 Bonds to Westminster-Canterbury in order: 13 14 (1) to refund all or a portion of the outstanding principal amount of the 15 Authority's Residential Care Facility Revenue and Refunding Bond (Westminster- 16 Canterbury of Hampton Roads, Inc.), Series 2015 (the "Prior Bond"), which: 17 18 (a) financed certain capital improvements at the Community, including, 19 but not limited to the (i) completion and equipping of the unfinished space on the fourth 20 floor of Westminster-Canterbury's existing four-story healthcare center (the "Hoy 21 Center") to add additional finished space, (ii) the renovation, improvement and 22 equipping of the existing finished space in the Hoy Center, which upon completion will 23 continue to be a nursing healthcare facility, (iii) the construction, renovation, 24 improvement and equipping of an expansion of Westminster-Canterbury's Wellness 25 Center, which is located on the first floor of the Community's West Tower and (iv) the 26 financing of the costs of routine and ongoing capital expenditures for the Community; 27 28 (b) refinanced bonds of the Authority that were previously issued to 29 finance or refinance improvements at the Community; and 30 31 (c) financed costs of issuance incurred in connection with the refunding 32 of the previously issued bonds and the issuance of the Prior Bond; 33 34 (2) to finance and refinance costs associated with the projects referenced 35 under (1)(a) above; and 36 37 (3) to finance, if and as needed, capitalized interest on the Bonds, a debt 38 service reserve fund for the Bonds, costs of issuance related to the issuance of the 39 Bonds, working capital, routine capital expenditures at the Community and other related 40 costs, including information technology infrastructure, technology improvements, 41 equipment related to the foregoing two items, window replacement and repair, 42 apartment renovations and improvements, upgrades and replacement of existing 43 equipment and other capital outlays related to the existing Community (collectively (1), 44 (2) and (3) above constitute the "Plan of Finance"). 45 WHEREAS, the Authority held a public hearing on June 19, 2018, regarding the 46 Plan of Finance; 47 48 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended 49 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of 50 private activity bonds and over the area in which any facility financed with the proceeds 51 of private activity bonds is located must approve the issuance of the bonds and Section 52 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, 53 Code of Virginia of 1950, as amended (the "Act"), sets forth the procedure for such 54 approval; 55 56 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 57 Virginia (the "City"), and the facilities to be financed and refinanced with the proceeds of 58 the Bonds are located in the City and the City Council of the City of Virginia Beach, 59 Virginia (the "Council"), constitutes the highest elected governmental unit of the City; 60 61 WHEREAS, the Authority has recommended that the Council approve the Plan of 62 Finance and the issuance of the Bonds; and 63 64 WHEREAS, a copy of the Authority's inducement resolution approving the 65 issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public 66 hearing and a Fiscal Impact Statement have been filed with the Council. 67 68 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 69 OF VIRGINIA BEACH, VIRGINIA: 70 71 1. The Council hereby approves the issuance of the Bonds, in an aggregate 72 principal amount up to $85,000,000, by the Authority for the benefit of Westminster- 73 Canterbury, solely to the extent required by Section 147(f) of the Code and Section 74 15.2-4906 of the Act, to permit the Authority to assist in accomplishing the Plan of 75 Finance. 76 77 2. The approval of the issuance of the Bonds does not constitute an 78 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the 79 Plan of Finance or the Westminster-Canterbury. In accordance with Chapter 643 of the 80 Acts of Assembly of 1964, as amended, the Bonds shall not be deemed to constitute a 81 debt or a pledge of the faith and credit or taxing power of the Commonwealth or any 82 political subdivision thereof, including the Authority and the City. 83 84 This Resolution shall take effect immediately upon its adoption. 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on 10th day of 87 July , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LE A L SUFFICIENCY: Economic Development City Attorney CA14393 vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d021\p0I9\00224392.doc R-1 June 29, 2018 3 + ,I O • 6 • .E,i, � ; , �. IN + s t 4e t.1611 5 _ US,c,11140_ # 11 :}-..11 A fes- • ' k' I - ..-1.0000111610t - K t i Aill'10 _ W; ..-14 RD i "O" A v w. iAiif' ' -ilk. 1_ - -VilliMeft. :Wc-' -,. . 1 ; 1 :,a ,,. rte, `` � , t 0 , 11,4ek,, . ,., ._._.,,,,i g ' I, \\ II: , y , _ i IV!, 3 r � i� 3 { -� - 4 ,. -'_., ikti\ Sif'' s 4 j • _ : ---,is ve- i -1. t ,4" i Y�� ` �' `„, :` • itil !r. 0 U J! s "' w S � � r (El i s+ -�' r s L _ -. - f sl t 1 r-. �i \ ,..i-,, I ... 4.. . .. ,,_:,...i.7 I �[- t WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY EXHIBIT A DISCLOSURE STATEMENT FORM SECTION 3—SERVICE PROVIDERS 1. Accounting Services: Jeremy Hicks, CPA, Principal CliftonLarsonAllen 227 West Trade Street, Suite 800 Charlotte, NC 28202 704-998-5259 2. Financing Services: Financial Advisor Malcolm Nimick Ascension Capital Enterprises 611 Maple Lane Sewickley, PA 15143 412-542-8837 Richard Czekajewski Ascension Capital Enterprises 8638 Tartan Fields Drive Dublin, OH 43017 614-395-2370 Senior Managing Underwriter: Tad Melton Adam Garcia Ziegler Ziegler 4801 Cox Road, Suite 103 4801 Cox Road,Suite 103 Richmond,VA 23230 Richmond,VA 23230 804-793-8487 804-793-8487 Co-Manager: Jimmy Sanderson Davenport & Company LLC 901 East Cary Street, 11th Floor Richmond, VA 23219 804-697-2912 1-1545143.1 3. Legal Services: Bond Counsel: General Counsel: David L. Richardson Hugh L. Patterson Thomas William (TW) Bruno Willcox &Savage, P.C. McGuire Woods LLP 440 Monticello Avenue 800 East Canal Street Suite 2200 Richmond,VA 23219 Norfolk, VA 23510 804-775-1030 757-628-5557 Brian C. Purcell Willcox &Savage, P.C. 757-628-5688 Stephen W. Brewer Willcox &Savage, P.C. 757-628-5595 Underwriter's Counsel Kevin A. White Kaufman & Canoles 1021 E. Cary Street, Suite 1400 Richmond,VA 23219 804-771-5770 Trustee: Nancy Blodinger U.S. Bank 1021 East Cary Street,Suite 1850 Richmond,VA 23219 704-771-7934 2 1-1545143.1 EXHIBIT B DISCLOSURE STATEMENT FORM WESTMINSTER-CANTERUBRY ON CHESAPEAKE BAY BOARD OF TRUSTEES Officers Suzanne Puryear, Chair Richard B. Thurmond, Vice-Chair David B. Young, Secretary Timothy J. Stiffler,Treasurer Jr J. Benjamin Unkle4President&CEO David B. Myers, Chief Financial Officer&Assistant Treasurer Dr. Victoria Crenshaw, Assistant Secretary&VP of Resident& Health Operations Trustees Dr. Townsend Brown, Jr. Richard C. Burroughs The Rev. Albert G. Butzer, III John D. Cavanaugh George L. Compo Jeffrey P. King Dennis G. Manning Suzanne Puryear Jane Cady Rathbone Charles D. Robison, III Lisa B. Smith Timothy J. Stiffler Richard B. Thurmond Katherine C. Willis Dr. George Wong David B.Young Ex-Officio The Rt. Rev. Herman Hollerith The Rev. Liza Hendricks 1 VIRGINIA BEACH DEVELOPMENT AUTHORITY June 27,2018 The Honorable Louis R Jones, Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Westminster-Canterbury Residential Care Facility Revenue and Refunding Bonds Dear Mayor Jones and Members of Council: We submit the following in connection with the request of Westminster-Canterbury on Chesapeake Bay's application for the issuance of residential care facility revenue and refunding bonds in an amount not to exceed $85,000,000 for the project located at 3100 Shore Drive, Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 2. The Disclosure Statement is attached as Exhibit D. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit E. 4. The Fiscal Impact Statement is attached as Exhibit F. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit G. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit H. Very truly yours, Chair /AWS Enclosures 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757) 385-6464 EXHIBIT A --- I Tuesday Cla250edo 000510 I THE VIRGINIAN PILOT PAGE 0 y :vA.R.Ie.,,c.xumMr to bass...all.�ralw a nnc,yCma as maw r a Wt.Sea.vA 3x00 re wawa a., .V.gn•Ea. 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Saar an IrtmNs 1.1.0 100,0_: r , 100 TRUSTEE'S SALE OF I SUBSTITUTE "' °ua ... .'°"'"'"' ..... °rw"ma1"•'en aw 0 I-...OSIOO tea' "'° ......"Pam.'0- a) a 624 HIDDEN FALLS • TRUSTEE SALE '....." r" e`,a0"',22IIa I R ECRWe*6. ,°'r^,w.a'w arp,.."'°°"0""e 'eP"'„e a."...w C LANE CHESAPEAKE, 810 Lincoln Avenue, "e9;.;,;e,' ,.a"w P""'.• PROPERTY mr" I Tuesday Classifieds 1001218 I THE VIRGINIAN-PILOT I PAGE 9 FOrecl05ures-��rvrvP��CnS `0=Nx.m�,,,No ma'i eied09tiiss9 w ,a..Ho.m8000 e980o.0 YeaaeJ be r„17:1•I: 'Y ",--- TRUSTEES SALE OF TRUSTEE'S SALE ...Oar'0 s"m.•",.,,,�.a„'OY',°.mG.`-41.cult a I C.s.o no""N° o roN4o"' 3337 WEEPING WILLOW OF • woonown Corms as• « LANE, VIRGINIA BEACH, 4460 HARLESDEN111.1100011 1110 01rOgionc Use Per,,, Court of Ow City of Suffolk, -."'ie=• 'ROW,erlLIP.oo.w;F..: EXHIBIT B Summary of Statements A representative of Westminster-Canterbury on Chesapeake Bay appeared before the uthority to describe the project and the proposed bond issue. No one appeared in opposition to the proposed bond issue. EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BOND IN AN AMOUNT NOT TO EXCEED $85,000,000 FOR THE BENEFIT OF WESTMINSTER- CANTERBURY ON CHESAPEAKE BAY BY PUBLIC SALE WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), a political subdivision of the Commonwealth of Virginia(the "Commonwealth"), is empowered by Chapter 643 of the Acts of Assembly of 1964, as amended(the "Act"), to issue its revenue bonds to protect and promote the health and welfare of the inhabitants of the Commonwealth by assisting in the financing and refinancing of medical facilities and facilities for the residence or care of the aged, owned and operated by organizations which are exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the Authority has received a request from Westminster-Canterbury on Chesapeake Bay, a Virginia nonstock corporation (the "Westminster-Canterbury"), whose address is 3100 Shore Drive, Virginia Beach, Virginia 23451 (the "Community") requesting the Authority to issue and sell its revenue bonds (the "Bonds") from time to time and in one or more series,pursuant to the Act,to provide funds to Westminster-Canterbury: (1) to refund all or a portion of the outstanding principal amount of the Authority's Residential Care Facility Revenue and Refunding Bond (Westminster-Canterbury of Hampton Roads,,Inc.), Series 2015 (the"Prior Bond"),which (a) financed certain capital improvements at the Community, including, but not limited to the (i) completion and equipping of the unfinished space on the fourth floor of Westminster-Canterbury's existing four-story healthcare center (the "Hoy Center") to add additional finished space, (ii) the renovation, improvement and equipping of the existing finished space in the Hoy Center, which upon completion will continue to be a nursing healthcare facility, (iii) the construction, renovation, improvement and equipping of an expansion of Westminster-Canterbury's Wellness Center, which is located on the first floor of the Community's West Tower and (iv) the financing of the costs of routine and ongoing capital expenditures for the Community; (b) refinanced bonds of the Authority that were previously issued to finance or refinance improvements at the Community; and (c) financed costs of issuance incurred in connection with the refunding of the previously issued bonds and the issuance of the Prior Bond; (2) to finance and refinance costs associated with the projects referenced under(1)(a) above; and (3) to finance, if and as needed, capitalized interest on the Bonds, a debt service reserve fund for the Bonds, costs of issuance related to the issuance of the Bonds, working capital, routine capital expenditures at the Community and other related costs, including 102984192.2 information technology infrastructure, technology improvements, equipment related to the foregoing two items, window replacement and repair, apartment renovations and improvements, upgrades and replacement of existing equipment and other capital outlays related to the existing Community(collectively(1), (2) and(3) above constitute the"Project"); and WHEREAS, on June 19, 2018, an inducement resolution was adopted by the Authority and a public hearing was held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended(the "Virginia Code"); and WHEREAS, the Authority desires to authorize the issuance of the Bonds, and the documents evidencing and securing the Bonds, subject to the approval of the City Council of the City of Virginia Beach,Virginia, as required by Section 15.2-4906(C) of the Virginia Code; and WHEREAS, the Authority will issue the Bonds pursuant to a Trust Agreement (the "Trust Agreement"), between the Authority and a bond trustee to be selected by Westminster- Canterbury(the "Bond Trustee"); and WHEREAS, the Authority will loan the proceeds of the Bonds to Westminster- Canterbury pursuant to a Loan Agreement (the "Loan Agreement"), among the Authority and Westminster-Canterbury, and Westminster-Canterbury will evidence its payment obligations with respect to the Bonds by a promissory note from Westminster-Canterbury to the Authority in the principal amount equal to the principal amount of the Bonds (the "Note"); and WHEREAS, the Bonds are expected to be offered for sale by B.C. Ziegler and Company ("Ziegler"), or a group of underwriters managed by such firm (collectively the "Underwriters"), pursuant to a Bond Purchase Agreement (the "Bond Purchase Agreement") dated the date of its execution and delivery, among the Authority, Westminster-Canterbury and Ziegler on behalf of itself or as a representative for the Underwriters; and WHEREAS, the Bonds will be offered for sale by the Underwriters and there will be a disclosure document in the form of an official statement in preliminary form to be dated the date of its delivery (the "Preliminary Official Statement"), prepared under the direction of Westminster-Canterbury in connection with the offering and sale of the Bonds; and WHEREAS, the Authority will assign the Note to the Bond Trustee pursuant to the Trust Agreement; and WHEREAS, there have been presented to this meeting drafts of the following instruments (the "Authority Documents") which the Authority proposes to execute or approve to carry out the issuance and sale of the Bonds, copies of which instruments shall be filed with the records of the Authority: (a) Trust Agreement, including the forms of the Bonds; (b) Loan Agreement; (c) Note,with the Authority's assignment thereof; -2- (d) Bond Purchase Agreement; and (e) Preliminary Official Statement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority hereby finds and determines that the Project will be in the public interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth, and the City of Virginia Beach, Virginia and their citizens and in particular will promote the provision of health care facilities and other facilities for the residence and care of the aged in accordance with their special needs. 2. The issuance of the Bonds, to be styled the "City of Virginia Beach Development Authority, Residential Care Facility Revenue and Refunding Bonds (Westminster-Canterbury on Chesapeake Bay)" (with an appropriate series designation) for the purpose of financing the costs associated with the Project is hereby authorized and approved, subject to the approval of the City Council of the City of Virginia Beach, Virginia as required by Section 15.2-4906(C) of the Virginia Code. 3. The Bonds shall be issued in a principal amount not to exceed $85,000,000, shall have a maximum true interest cost of not more than 6.00%per annum, shall mature no later than July 1, 2058, and shall be substantially in the form attached as an exhibit to the Trust Agreement and shall be issued upon the terms set forth in the Trust Agreement. 4. The Bonds and the other Authority Documents are hereby approved in substantially the forms submitted to this meeting, with such changes as may be approved, with the advice of counsel to the Authority, by the Chair or Vice Chair of the Authority, whose approval shall be evidenced conclusively by the execution and delivery of the Authority Documents. 5. The execution, delivery and performance by the Authority of the Authority Documents are hereby authorized and approved. The execution of the Bonds and delivery against payment therefor, the amount of such payment to be disbursed in accordance with the terms of the Trust Agreement,are authorized. 6. The Chair and the Vice Chair of the Authority, either of whom may act, are each authorized to execute, on behalf of the Authority, the Bonds and the other Authority Documents, and, if required, the Secretary and Assistant Secretary of the Authority, either of whom may act, are each authorized to affix the seal of the Authority to the Bonds and the other Authority Documents(as needed) and to attest such seal. 7. The use and distribution by the Underwriters of the Preliminary Official Statement in the form on file with the Authority are in all respects authorized, ratified and approved. For purposes of Rule 15c2-12 of the Securities and Exchange Commission, the Chair or Vice Chair of the Authority, either of whom may act, are authorized to deem the Preliminary Official Statement relating to the Bonds final except for information permitted to be omitted under paragraph(b)(1) of such Rule. The Chair and Vice Chair of the Authority, either of whom -3- may act, are authorized and directed to execute and deliver the Authority's approval of the final official statement (the "Official Statement") upon approval of its form, terms and conditions. Such officer's execution shall constitute conclusive evidence of his approval of such form, terms and conditions. Execution of the final Official Statement shall constitute conclusive evidence that the Official Statement has been deemed final within the meaning of Rule 15c2-12. 8. The use and distribution by the Underwriters of the Official Statement are hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement submitted to this meeting, which is hereby approved, with such completions, omissions, insertions and changes as may be approved by the Chair or Vice Chair, either of whom may act, and whose execution thereof shall constitute conclusive evidence of his approval of such form,terms and conditions. 9. The Chair and the Vice Chair of the Authority, either of whom may act, are authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates, including but not limited to a tax compliance certificate and an Internal Revenue Service Form 8038, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds, the other Authority Documents or such instruments, documents or certificates, and all of the foregoing, previously done or performed by such officers of the Authority, are in all respects approved and confirmed. 10. Each officer of the Authority is authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates, and to do and perform such things and acts, as he or she deems necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds, the other Authority Documents or such instruments, documents or certificates, and all of the foregoing,previously done or performed by such officers of the Authority, are in all respects approved,ratified and confirmed. 11. The Bonds and the other Authority Documents shall provide that neither the Commonwealth nor any political subdivision thereof, including the Authority and the City of Virginia Beach, Virginia (the "City"), shall be obligated to pay the obligations under the Bonds and the other Authority Documents except from the revenues, receipts and payments pledged therefor, and that neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the Authority and the City, is pledged to the payment of such obligations. All costs and expenses of the Authority in connection with the issuance of the Bonds and actions taken pursuant to this Resolution, including the fees and expenses of counsel to the Authority, will be paid by Westminster-Canterbury or paid from the proceeds of the Bonds. 12. The Authority determines that the issuance of the Bonds in accordance with the terms of the Trust Agreement and all actions of the Authority contemplated thereunder will be in furtherance of the purposes for which the Authority was organized. 13. No Bonds may be issued pursuant to this Resolution until such time as the issuance of the Bonds has been approved by the City Council of the City of Virginia Beach, Virginia. -4- 14. Subject to paragraph 13, this Resolution shall take effect immediately upon its adoption. [Signature Certificate Follows] -5- CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Commissioners of the Authority at a meeting duly called and held on June 19, 2018, in accordance with law, and that such resolution has not been repealed, revoked,rescinded or amended but is in full force and effect on the date hereof. WITNESS the following signature and seal of the Authority as of June 19, 2018. g41444--- \ 166r. Secretary [SEALI EXHIBIT D DISCLOSURE STATEMENT Date: July 10, 2018 Applicant: Westminster-Canterbury on Chesapeake Bay All Owners: (If different from Applicant): None. Type of Application: $85,000,000 revenue and refunding bonds (the "Bonds") to (i)refund all or a portion of the outstanding principal balance amount of the Authority's Residential Care Facility Revenue and Refunding Bond (Westminster-Canterbury of Hampton Roads, Inc.- Series 2015) (the "2015 Bond"), (ii) finance and refinance costs associated with certain capital improvements funded by the 2015 Bond, and(iii) finance, if and as needed, capitalized interest on the Bonds, a debt service reserve fund for the Bonds, cost of issuance related to the issuance of the Bonds,working capital,routing capital expenditures and other related costs, including information technology infrastructure, technology improvements, equipment related to the foregoing two items, window replacement and repair, apartment renovations and improvements, upgrades and replacement of existing equipment and other capital outlays related to the facility. 1 The Applicant is a Virginia non-stock corporation with a principal place of business at 3100 Shore Drive, Virginia Beach, Virginia. 2 The Applicant is the owner of the project contemplated by the bonds. 3 The current Board of Trustees are identified on the attached Schedule A. Schedule A WESTMINSTER-CANTERUBRY ON CHESAPEAKE BAY BOARD OF TRUSTEES Officers Suzanne Puryear, Chair Richard B. Thurmond, Vice-Chair David B. Young, Secretary Timothy J. Stiffler, Treasurer Jr J. Benjamin Unkle/President&CEO David B. Myers, Chief Financial Officer&Assistant Treasurer Dr. Victoria Crenshaw, Assistant Secretary&VP of Resident& Health Operations Trustees Dr. Townsend Brown, Jr. Richard C. Burroughs The Rev. Albert G. Butzer, III John D. Cavanaugh George L. Compo Jeffrey P. King Dennis G. Manning Suzanne Puryear Jane Cady Rathbone Charles D. Robison, III Lisa B. Smith Timothy J. Stiffler Richard B. Thurmond Katherine C. Willis Dr. George Wong David B. Young Ex-Officio The Rt. Rev. Herman Hollerith The Rev. Liza Hendricks EXHIBIT E VIRGINIA BEACH DEVELOPMENT AUUHORfTY CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $85,000,000 RESIDENTIAL CARE FACILITY REVENUE AND REFUNDING BONDS WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY SERIES 2018 The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above-captioned financing. Westminster-Canterbury on Chesapeake Bay's residential facilities continue to promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist as existing life-care facility to remain current in meeting new market demands for its services, maintain its substantial employment census, increase its revenues and add to the City's economic tax base. 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757) 385-6464 EXHIBIT F FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: June 19,2018 To the C Council of the City of Virginia Beach,Virginia Virginia :each,Virginia Applicant: Westminster-Canterbury on Chesapeake Bay("Westminster-Canterbury") Facility/ Refund existing debt of Westminster-Canterbury Plan of Finance: 1. Maxim m amount of financing sought $85,000,000 2. Estimat d taxable value of the facility's real property to be constructed in the locality. $0 3. Estimate d real property tax per year using present tax rates. $987,306 4. Estimat d personal property tax per year using present tax rates. $81,427 5. Estimat.d merchants'capital tax per year using present tax rates. N/A 6. (a) Est mated dollar value per year of goods that will be purchased from Virginia co panies within the locality $9,058,480* (b) Est mated dollar value per year of goods that will be purchased from no -Virginia companies within the locality $3,480,864* (c) Est mated dollar value per year of services that will be purchased from Virginia co panies within the locality $6,329,756* (d) Est mated dollar value per year of services that will be purchased from no -Virginia companies within the locality $1,874,311' 7. Estimated number of regular employees on year round basis. 601 (466.2 FTEs) 8. Average annual salary per employee. $43,267 * Amoun s shown are based on Westminster-Canterbury's purchases for the community generally because the proceeds s f the proposed bonds include certain new money projects as described above and the refunding of certain o Westminster-Canterbury's existing debt that w ed to finance and ref nance ri com onents of its co unity. Chair,City of Vir is :each Development Authority EXHIBIT G SUMMARY SHEET CITY OF VIRGIINA BEACH DEVELOPMENT AUTHORITY REVENUE AND REFUNDING BOND 1, PROJECT NAME: Westminster-Canterbury on Chesapeake Bay. 2. LOCATION: 3100 Shore Drive, Virginia Beach, Virginia. 3. DESCRIPTION OF PROJECT Revenue and refunding bonds (the "Bonds")to (i) refund all or a portion of the outstanding principal balance amount of the Authority's Residential Care Facility Revenue and Refunding Bond (Westminster-Canterbury of Hampton Roads, Inc.- Series 2015) (the "2015 Bond"), (ii) finance and refinance costs associated with certain capital improvements funded by the 2015 Bond, and (iii) finance, if and as needed, capitalized interest on the Bonds, a debt service reserve fund for the Bonds, cost of issuance related to the issuance of the Bonds, working capital, routing capital expenditures and other related costs, including information technology infrastructure, technology improvements, equipment related to the foregoing two items, window replacement and repair, apartment renovations and improvements, upgrades and replacement of existing equipment and other capital outlays related to the facility. 4. AMOUNT OF BONDS TO BE ISSUED: $85,000,000 5. PRINCIPALS: Board of Trustees, attached. 6. ZONING CLASSIFICATION: a. Present zoning of property: B-4 b. Is rezoning proposed: No. WESTMINSTER-CANTERUBRY ON CHESAPEAKE BAY BOARD OF TRUSTEES Officers Suzanne Puryear, Chair Richard B. Thurmond, Vice-Chair David B. Young, Secretary Timothy J. Stiffler, Treasurer Jr_. kl J. Benjamin Une/President&CEO David B. Myers, Chief Financial Officer&Assistant Treasurer Dr. Victoria Crenshaw, Assistant Secretary&VP of Resident& Health Operations Trustees Dr. Townsend Brown, Jr. Richard C. Burroughs The Rev. Albert G. Butzer, III John D. Cavanaugh George L. Compo Jeffrey P. King Dennis G. Manning Suzanne Puryear Jane Cady Rathbone Charles D. Robison, III Lisa B. Smith Timothy J. Stiffler Richard B. Thurmond Katherine C. Willis Dr. George Wong David B. Young Ex-Officio The Rt. Rev. Herman Hollerith The Rev. Liza Hendricks EXHIBIT H r' VIRGINIA BEACH ECONOMIC DEVELOPMENT June 27, 2018 Dorothy L. Wood Chair Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach, VA 23462 Dear Dot: The Department of Economic Development concurs with the issuance of residential care facility revenue and refunding bonds in an amount not to exceed $85,000,000 for Westminster-Canterbury on Chesapeake Bay (the "Bonds"). The issuance of the Bonds by the Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience of prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of modern and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. The funds are to (i) refund all or a portion of the outstanding principal balance amount of the Authority's Residential Care Facility Revenue and Refunding Bond (Westminster-Canterbury of Hampton Roads, Inc.- Series 2015) (the "2015 Bond"), (ii) finance and refinance costs associated with certain capital improvements funded by the 2015 Bond, and (iii) finance, if and as needed, capitalized interest on the Bonds, a debt service reserve fund for the Bonds, cost of issuance related to the issuance of the Bonds, working capital, routing capital expenditures and other related costs, including information technology infrastructure, technology improvements, equipment related to the foregoing two items, window replacement and repair, apartment renovations and improvements, upgrades and replacement of existing equipment and other capital outlays related to the facility. I will be happy to answer any questions you may have at our next meeting. Sincerely, Mark R. Wawner Project Development Coordinator MRW/AWS/csk 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 68 Item—VU .7 ORDINANCES/RESOLUTIONS ITEM#68300 Upon m tion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, Ordinance to ESTABLISH CIP re Flood Mitigation Assistance (FMA) Grant Program III and ACCEP /APPROPRIATE $2,914,976 from the Virginia Department of Emergency Management (VDEM) Voting: 10-0 Council embers Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 1 AN ORDINANCE TO ESTABLISH CIP 7-058 "FLOOD 2 MITIGATION ASSISTANCE GRANT PROGRAM III" AND TO 3 ACCEPT AND APPROPRIATE A FLOOD MITIGATION 4 ASSISTANCE GRANT FROM THE VIRGINIA 5 DEPARTMENT OF EMERGENCY MANAGEMENT 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That CIP #7-058 "Flood Mitigation Assistance Grant Program III" is hereby 11 established in the FY 2018-19 Capital Improvement Program; and 12 13 2. That $2,914,976 in federal pass through revenue is hereby accepted from 14 the Virginia Department of Emergency Management and appropriated, with 15 estimated federal revenue increased accordingly, to CIP #7-058 "Flood 16 Mitigation Assistance Grant Program III" for flood mitigation measures at 17 qualifying residential properties. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of July 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: OVIA) Budget land Management Service City Attorney's 0 ice CA14470 R-1 June 19, 2018 69 Item—VLL8 ORDINANCES/RESOLUTIONS ITEM#68301 Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $195,000 from Town Center Special Service District (SSD) Revenue Fund to the Town Center Special Service District (SSD) Operating Budget re contractual services, repair and maintenance Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 1 AN ORDINANCE TO APPROPRIATE $195,000 FROM 2 THE FUND BALANCE OF THE TOWN CENTER 3 SPECIAL SERVICE DISTRICT SPECIAL REVENUE 4 FUND TO THE FY 2017-18 TOWN CENTER SPECIAL 5 SERVICE DISTRICT OPERATING BUDGET FOR 6 CONTRACTUAL SERVICES, REPAIR, AND 7 MAINTENANCE 8 9 ::E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGI IA: 11 12 '. That $195,000 from the fund balance of the Town Center Special Service 13 District Special Revenue Fund is hereby appropriated, with specific fund 14 reserve revenue increased accordingly, to the FY 2017-18 Operating Budget 15 of the Town Center Special Service District for contractual services, repair, 16 and maintenance. 17 18 2. The effective date of this ordinance is June 30, 2018. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of July , 2018. Requires an affirmative vote by a majority of all of the member of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0 Budget and Management Sery ces City Att'orney's Office i CA14480 R-1 June 28, 2018 70 Item—VI.I.9 ORDINANCES/RESOLUTIONS ITEM#68302 Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT/APPROPRIATE $15,000 from the Virginia Department of Emergency Management (VDEM) to the Office of Emergency Management's Operating Budget re medically friendly shelter capabilities and AUTHORIZE an In-Kind Grant Match Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE OFFICE OF EMERGENCY 4 MANAGEMENT'S FY 2018-19 OPERATING BUDGET AND 5 TO AUTHORIZE AN IN-KIND GRANT MATCH 6 7 IiE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGI IA, THAT: 9 10 1 . 15,000 in federal pass-through revenue via the Virginia Department of 11 mergency Management, is hereby accepted and appropriated, with estimated 12 f deral revenue increased accordingly, to the FY 2018-19 Operating Budget of the 13 ffice of Emergency Management for support of medically friendly shelter 14 apabilities; and 15 16 2. An in-kind grant match in equal amounts to the federal revenue appropriated 17 herein is hereby authorized within existing resources, including salary 18 appropriations, of the FY 2018-19 Operating Budget of the Office of Emergency 19 Management. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of July 2018. Requires an affirmative vote by a majority of all the members of City Council. APPR VED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,,S - Q J ) i Budget and Management Services ' ' •rneys Office CA1446• R-1 June 15, '018 71 Item—VLI.lOa ORDINANCES/RESOLUTIONS ITEM#68303 The following registered to speak: Will Driscoll, 249 Central Park Ave, Ste 230, Phone; 348-1929 spoke in SUPPORT Diana Burke, 1023 Laskin Rd, Ste 111, Phone; 428-8015 spoke in SUPPORT Ken Chord III, 3536 Clubhouse Rd, Phone; 340-6829, spoke in OPPOSITION Kristina Chastin, 5401 Lake Side Ave, Phone; 615-0920, spoke in SUPPORT Paul Merritt, 5151 Cleveland St, Phone; 705-3730, spoke in SUPPORT Elizabeth Baumann (VB Restaurant Assoc.), 228 50th Street, Phone; 335-1233, spoke in SUPPORT Joyce Smith, 1230 Fourdyce Drive, Chesapeake, Phone; 560-1948, spoke in SUPPORT David Rhodes, 1736 Purpose Drive, Phone; 672-1654, spoke in SUPPORT Jim Davis, 100 N. Budding Ave., Phone; 373-5556, spoke in OPPOSITION David Nygaard 509 20th St, Phone; 778-1496, spoke in OPPOSITION Hollie Godfrey, 443 Pine Wood Drive, Phone; 449-0941, spoke in SUPPORT Ryan Oldach, 4505 Main St,Apt 253, Phone; 814-490-3887, spoke in SUPPORT Robert Pizzini, 2332 Treesong Trail, Phone; 412-5201, spoke in SUPPORT Dianna Howard, 1057 Debaca Ct, Phone; 567-9021, spoke in OPPOSITION Michael Mauch, 1841 Muddy Creek Rd., Phone; 339-9494, spoke in SUPPORT Bruce Williams, 1068 Meadow Grove, Phone; 510-4463, spoke in SUPPORT Craig Dooren, 3112 Audley Way, Phone; 328-0562, spoke in SUPPORT Mike Mctskell, 4403 Lisbon Lane#103, Phone; 615-6265, spoke in OPPOSITION Holli Martir, 4165 Rainbow Drive, Phone; 339-5325, spoke in OPPOSITION Jeff Richardson, 1009 Ditchley Rd., Phone; 236-4300, spoke in SUPPORT Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, Ordinance to TRANSFER$3.5-Million from Dome Site Entertainment Venue CIP to Central Beach and Convention Districts Parking CIP Voting: 10-0 Council ' embers Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood CouncilMembers Absent: None *Councilman Uhrin filed a disclosure letter dated July 10,2018 July 10, 2018 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT 2 OF $3,500,000 FROM CIP 9-053 DOME SITE 3 ENTERTAINMENT VENUE TO CIP 9-045 CENTRAL BEACH 4 AND CONVENTION DISTRICTS PARKING 5 WHEREAS, the City Council adopted the FY 2018-19 Capital Improvement Program 6 on May 15, 2018 that included several projects that will transform the City's Resort Area 7 into a year-round destination; 8 9 WHEREAS, additional information has been received allowing for a refinement of 10 cost estimates related to the timing and costs of these projects; and 11 12 WHEREAS, while not appropriated, it is intended that the $3,500,000 being 13 transferred from CIP 9-053 Dome Site Entertainment Venue will be restored in FY 2019-20 14 and that amount will be reallocated from CIP 9-045 Central Beach and Convention Districts 15 Parking in that same fiscal year; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That $3,500,000 is hereby transferred from CIP 9-053 Dome Site Entertainment 20 Venue to CIP 9-045 Central Beach and Convention Districts Parking to allow execution of 21 the parking adjacent to the Virginia Beach Sports Center. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of July 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • -4))-- Of Budget and Management Services! City Atto►ey'• Office CA14482 R-1 June 29, 2018 �140.,11A BE,4C,fS' 44 City of Virirnia I leach i) f - U '7 2 2� 14,41 099.t5 - OFC' �F OUR ,,f , VBgov.com JOHN E.UHRIN PHONE: (757)200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM Refer to File No.0063321 July 10, 2018 Mrs. Amanda Barnes 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 (1) an ordinance to transfer $3.5 million from CIP 9-053 Dome Site Entertainment Venue to CIP 9-045 Central Beach and Convention Districts Parking; and (2) a resolution authorizing the City Manager to execute a comprehensive agreement for the Virginia Beach Sports Center Project. 2. The Sports Center project could increase demand for hotel rooms in the Resort Area. 3. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the Resort Area. 4. I am a member of a business, profession or occupation, namely Resort Area hoteliers. To the extent the approval of this transaction may affect the business of hotels in the Resort Area, all members of this profession may be affected by the transaction. 215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451 Mrs. Amanda Barnes -2- July 10, 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 Burlage Management Corporation 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 ysu for your assistance in this matter. Sincerely, All E. Uhrin ouncilmember JEU " 72 Item—VLL10b ORDIN CES/RESOLUTIONS ITEM#68304 Upon mdtion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, Resoluti•n to AUTHORIZE City Manager to EXECUTE a Comprehensive Agreement Voting: 8-2 Council embers Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Jessica P. Abbott John D. Moss Council Members Absent: None *Councilman Uhrin filed a disclosure letter dated July 10, 2018 July 10, 2018 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A COMPREHENSIVE 3 AGREEMENT FOR THE VIRGINIA BEACH SPORTS 4 CENTER PROJECT 5 6 WHEREAS, on September 26, 2017, the City received conceptual proposals under 7 the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA") from three 8 firms in response to a solicitation by the City for a sports center facility (the "Sports 9 Center"); 10 11 WHEREAS, the conceptual proposals were posted on the City's website 12 (www.vbgov.com) as required by the PPEA and the City's PPEA Guidelines; 13 14 WHEREAS, after receipt of detailed proposals, the City undertook detailed 15 negotiations with the three firms that responded to the City's PPEA solicitation; 16 17 WHEREAS, a public hearing was held on February 6, 2018 to allow the public to 18 provide input on the PPEA proposals as required by Virginia Code § 56-575.17.B; 19 20 WHEREAS, the City Council approved an interim agreement for preliminary design 21 and site work with MEB General Contractors, Inc., on February 20, 2018 for a maximum 22 cost of$2,336,971; 23 24 WHEREAS, the Council included funding for an enlarged Sports Center in the 25 FY19 Capital Improvement Program ("CIP"); 26 27 WHEREAS, the Council included CIP funding for parking in the Resort and 28 Convention Districts of the City; 29 30 WHEREAS, the City Manager presented to the Council a summary of the terms 31 that have been negotiated for the Comprehensive Agreement; 32 33 WHEREAS, on June 12, 2018, a copy of the Comprehensive Agreement in 34 substantially completed form was posted on the City website; 35 36 WHEREAS, the Council was briefed at its June 19th Informal Session the details 37 of the proposed Comprehensive Agreement; 38 39 WHEREAS, as contemplated the cost to design and build the Building with 40 Contingency is $55,439,754 and Parking with Contingency is $10,364,322; and 41 42 WHEREAS, the total cost, including the Interim Agreement, Building with 43 Contingency, and Parking with Contingency is $68,141,047. 44 45 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA. THAT: 47 48 1. Based upon the review of the proposals, the work from the Interim Agreement, 49 and advice provided by the City Staff, the City Council hereby determines that 50 entering into a Comprehensive Agreement for the design-build of the Virginia 51 Beach Sports Center with MEB General Contractors, Inc. will serve the public 52 purpose because (i) there is a public need and benefit to be derived from such 53 agreement, (ii) the price of $55,439,754 for the Building with Contingency and 54 $10,364,322 for the Parking with Contingency is reasonable in relation to 55 similar facilities, and (iii) the agreement will result in the timely development of 56 the Virginia Beach Sports Center. 57 58 2. The City Manager or his designee is hereby authorized to execute, after 59 approval for legal sufficiency by the City Attorney or his designee, a 60 Comprehensive Agreement with MEB General Contractors, Inc. for the Sports 61 Center Project. 62 63 3. The approximate date of execution for the Comprehensive Agreement is July 64 12, 2018. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th day of July , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J City Manager's Off e qty A orn- 's Office CA14378 R-1 June 21, 2018 PPEA COMPREHENSIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE VIRGINIA BEACH SPORTS CENTER SUMMARY OF MATERIAL TERMS Partie : City of Virginia Beach("City") MEB General Contractors, Inc. ("MEB") Project Description: MEB will design and construct an indoor sports facility of approximately 285,000 square feet for court sports and an indoor articulated track with approximately 1100 surface parking spaces to attract out-of-market tournament business for the Virginia Beach Convention and Visitors Center. Design—Build Cost: Interim Agreement $ 2,336,971 Building Construction $ 54,352,700 Owner's Building Contingency $ 1,087,054 Building Subtotal $ 57,776,725 Parking and Site Construction $ 10,161,100 Owner's Parking Contingency $ 203,222 Parking and Site Subtotal $ 10,364,322 Total Project Cost $ 68,141,047 Construction Schedule: Preliminary site work & clearing AUG 2018 Parking construction commences NOV 2018 Building construction commences DEC 2018 Final completion NOV 2020 Virginia Beach Sports Center MEB General Contractors, Inc. PPEA RFP for the City of Virginia Beach CIP 9-041 Virginia Beach Sports Center Contract#PWCN-18-0079 Cost Proposal Form-Building Summary 6/11/2018 Div/Item Description Total Comprehensive Agreement - Detail Design Phase,Architecture and Engineering 2,352,900 -Special Inspections and Material Testing 77,500 -Building Permit and Utility Tap Fees 325,100 -Bonds and Insurance 1,216,500 -Preconstruction Services 197,700 1 General Requirements 2,616,500 2 Site Construction 1,308,700 3 Concrete 4,700,800 4 Masonry 367,300 5 Metals 514,500 6 Wood and Plastics 307,900 7 Thermal and Moisture Protection 720,800 8 Doors and Windows 1,127,300 9 Finishes 4,615,500 10 Specialties 399,900 11 Equipment 6,344,800 Furnishings Allowance(FF&E to Include Concessions Tables/Chairs and 12 Trainer/Medical Room FF&E) NA 13 Pre-Engineered Metal Building 12,098,000 14 Elevator 200,100 15 Mechanical 8,729,500 16 Electrical 6,131,400 Building Subtotal 54,352,700 Owners Contingency(2%of Subtotal) 1,087,054 Building Total w/Contingency 55,439,754 Interim Agreement Total 2,336,971 Total Building 57,776,725 Cost Proposal Form-Parking Lot Summary Div/Item Description Total Comprehensive Agreement -Detail Design Phase,Architecture and Engineering 329,900 -Special Inspections and Material Testing 16,500 -Bonds and Insurance 216,100 -Preconstruction Services 87,200 1 General Requirements 481,200 2 Site Construction 8,156,900 16 Electrical 873,300 Parking Lot Subtotal 10,161,100 Owners Contingency(2%of Subtotal) 203,222 Parking Total w/Contingency 10,364,322 Total Parking Lot 10,364,322 Total Project(Building+Parking Lot) 68,141,047 olA•BE,1C 0 City of Virginia I leach 1 t.G 994-5 5 s, OF OUR NATIO 1 VBgov.com JOHN E.UHRIN PHONE: (757)200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM Refer to ile No. 0063321 July 10, 2018 Mrs. Amanda Barnes 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 (1) an ordinance to transfer $3.5 million from CIP 9-053 Dome Site Entertainment Venue to CIP 9-045 Central Beach and Convention Districts Parking; and (2) a resolution authorizing the City Manager to execute a comprehensive agreement for the Virginia Beach Sports Center Project. 2. The Sports Center project could increase demand for hotel rooms in the Resort Area. 3. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the Resort Area. 4. I am a member of a business, profession or occupation, namely Resort Area hoteliers. To the extent the approval of this transaction may affect the business of hotels in the Resort Area, all members of this profession may be affected by the transaction. 215 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- July 10, 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 Burlage Management Corporation 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, E. Uhrin �Iouncilmember . JEU/RRI 73 Item— -J PLANN G ITEM#68305 1. ENOCrH BAPTIST CHURCH and MODIFICATION OF CONDITIONS VOL UNTEERS OF AMERICA,INC. 2. ST. LUKE CATHOLIC CHURCH and DIOCESE MODIFICATION OF CONDITIONS OF RICHMOND 3. JOHNS. and KAREN S. WALLER CONDITIONAL CHANGE OF ZONING 4.JAN B DESIGN,INC. and VILLAGE SHOPPES CONDITIONAL USE PERMIT ASSO L4TES,LLC 5. THE ASH CEO,LLC. and SIFEN DEVELOPMENT CONDITIONAL USE PERMIT COM ANY,INC. 6.NINA and WILLIAM GILBERT CONDITIONAL USE PERMIT 7. HAL E PROPERTIES,LLC and GOPA THREE,LLC CONDITIONAL USE PERMIT ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#7 APPLICANT HAS REQUESTED WITHDRAWAL July 10, 2018 74 Item— -J.1 PLANN NG ITEM#68306 Upon m tion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council, APPROVED, AS MODIFIED/ CONDITIONED, BY CONSENT, Application of ENOCH BAPTIST CHURCH and VOLUNTEERS OF AMERICA, INC.for Modification of Conditions re group home at 5677 Herbert Moore Road(Approved April 16, 1979)DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ENOCH BAPTIST CHURCH and VOLUNTEERS OF AMERICA, INC.for Modification of Conditions re group home at 5677 Herbert Moore Road(Approved April 16, 1979) (GPIN 1468138917)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. The applicant shall obtain all necessary building permits and shall obtain a Certificate of Occupancy from the Building Official's Office prior to the occupancy of the Group Home. 2. The Group Home shall be limited to a maximum of thirteen (13) residents. 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 10`'' day of July, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 3s, ,f,„ '..--- ':---------,_ 1 \-- ' II '' \jock 'ril ' It -\-\ utte 116---- - \/' V_ 0 C? c --- - • \A\ iti -\ \-' \-. ....60 %•- , to it it . :,_, , \...\- 4 ...•\,__ _L__ 173 0% ALIAD jai „L., ecii, t \ 1°1 - It li 1loss , # 'tliok i ' s'Ary `lopoialoYlijillt Ittrit la* 1 tl "StifiSip: 1 IN It% Mk& 10 _, . .JO/ r _,..,;, _\ j �� r d - - ' , 10 ivols falillot f � Q 1h4' f0it t%c;t v40-,_, 7 ‘ve\7:-. , %sokttkp ;,.. \ \ Mrs o O Q o \ \.,,..., to „ Ai „,,,,,,,,,, sr-‘;, ,.„1 ,..i N 0,,„, ,t, ,, --- -- c:-1., ,.. ic, 4,,,,., vitti R,„ , . ....z ...., 1, \'‘,st 1 tth�,, ir A � ,i ► r . 4 elp _,----;Iv :0:60.9rs ilAti%Its ' ‘11G1% VA i, ... 1, \* ira's 04, . 00.0 .meg s0 . 000 Via tot ,\ r a►�' \ dull' lila VII \ 1.116111 Or ,41., el 041, kik .0010 ________„- rr / 1 • Q LO T`" 8 75 Item—VI-J.2 PLANNING ITEM#68307 Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council, APPROVED, AS MODIFIED/CONDITIONED,BY CONSENT,Application of ST. LUKE CATHOLIC CHURCH and CATHOLIC DIOCESE OF RICHMOND for Modification of Conditions re religious use at 2304 Salem Road(Approved November 27, 1990)DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ST. LUKE CATHOLIC CHURCH and CATHOLIC DIOCESE OF RICHMOND for Modification of Conditions re religious use at 2304 Salem Road (Approved November 27, 1990) (GPIN 1484153136)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. All conditions of the Conditional Use Permit granted by City Council on November 27, 1990, shall remain in effect. 2. The mobile units shall be removed from the site within six(6)months of City Council approval. 3. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "ST. LUKE'S CATHOLIC CHURCHADDITION&RENOVATION, IMPROVEMENT&LAYOUT PLAN,"dated October 20, 2017, and prepared by Waller Todd& Sadler Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. The exterior of the proposed buildings shall substantially adhere in appearance, size and materials to the elevations entitled, "ST. LUKE'S CATHOLIC CHURCHADDITION& RENOVATION, EXTERIOR MATERIAL FINISH COLOR ELEVATIONS,"dated November 21, 2017, and prepared by Waller Todd&Sadler Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 5. The installation of plant material shall be, at a minimum, as depicted on the Landscape Plan entitled, "ST. LUKE'S CATHOLIC CHURCHADDITION&RENOVATION, PLANTING PLAN,"dated October 20, 2017, and prepared by Waller Todd&Sadler Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 10`h day of July, Two Thousand Eighteen. July 10, 2018 76 Item—VI�7.2 PLANNING ITEM#68307 (Continued) Voting: 10-0 Councilembers Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. 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I\ ;),./''.... r'''''‘11 ,..> ' ' -,, -11. 77 Item—VI-J.3 PLANNING ITEM#68308 The following registered to speak: Eddie Bourdon,Attorney for Applicant, spoke in SUPPORT James Smith, 2316 Treesong Trail, Phone; 513-0207, spoke in OPPOSITION Dawn Chapman, 2324 Treesong Trail, Phone; 636-0416, spoke in OPPOSITION Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED, AS PROFFERED, Application of JOHN S. and KAREN S. WALLER for a Conditional Change of Zoning from AG-1 and AG-2 Agriculture to Conditional R-10 Residential at 2313 Treesong Trail, DISTRICT 7— PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JOHN S. and KAREN S. WALLER for a Conditional Change of Zoning from AG-1 and AG-2 Agriculture to Conditional R-10 Residential at 2313 Treesong Trail (GPIN 2414756758) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: Sinc the Planning Commission hearing, the applicant has submitted an additional proffer that calls for the establishment of a Home Owners'Association for maintaining the stormwater facility. An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordnance 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 10"' day of July, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 �'r L r1114likk. --------\ XN11 ... I r l'"4, 1 ‘s. N. TII%CSI > ,\ :\ , 1 \ io ,. 1 0 IX litl, c:,,,,,,::\ 6 1 4 I I losi 1100 0 4 0 1 4 411 4 0,x csi s \, _ -' off A 44411 1 , \ \- ___,.1---00 ) j y7,..\\,) cr :4 C, 11 j-C-F—°7- ------- 11:- \ *I)-.--L, ., i i 0 1 ze 1- A II It \ *; •K '7 40 ,,, 12..ALL _� " �:` / rf . Q „.,.„A,E.,,c, r..., 45,.. �` CITY OF VIRGINIA BEACH ,-:. � INTER-OFFICE CORRESPONDENCE 9*4-'' nom'.. _ �� O t i 9 5 r OF OUR NAT�CN In Reply Refer To Our File No. DF-9971 DATE: June 29, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; John S. and Karen S. Waller The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 10, 2018. I have reviewed the subject proffer agreement, dated July 28, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom JOHN S. WALLER and KAREN S. WALLER, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of July, 2017, by and between JOHN S. WALLER and KAREN S. WALLER, husband and wife, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of a certain parcel of property located in the Princes Anne District of the City of Virginia Beach, containing approximately 10.501 acres as described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel is herein referred to as the "Property"; and WHEREAS, the Grantors have 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 Zonng Classification of the Property from AG-1 and AG-2 Agricultural Districts to Conditional R-io Residential 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 protection of the community that are pot generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise; and GPIN: 241. 14-75-6758-0000 Prepared B &Return To: R.Edward ourdon,Jr.,Esquire VSB#2216 Sykes,Bou don,Ahern&Levy,P.C. 281 Indepe dence Blvd. Pembroke ne,Fifth Floor Virginia Be ch,Virginia 23462 WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior tc 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 R-10 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 oning 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 subd'vision 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 herby covenant and agree that this declaration shall constitute covenants running with the Proierty, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed it shall be subdivided into no more than nine (9) new residential building lots, plus the Grantors' existing homesite, designated io, 7.174 AC. substantially as depicted on the "PRELIMINARY SUBDIVISION OF PROPERTY OF JOHN S.WALLER JR.D.B. 2898 P. 990 VIRGINIA BEACH,VIRGINIA",dated July 21,2017, and pre!ared by Gallup Surveyors & Engineering, Ltd. ("Subdivision Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Plann ng. 2 When the Property is developed, each of the nine (9) new single family residential dwellings to be constructed shall contain no less than 2,000 square feet of enclosed living area, excluding garage for one-story and no less than 2,30o square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a minimus of two (2) vehicles and the primary exterior building materials on each home will be brick, stone, cement fiber ("hardie plank") or a combination of those materials. Neither the size nor architectural features of the existing homestead or any future replacement of that home on the Grantor's homesite (1o) are regulated hereunder. 2 . When the Property is developed, the nine (9) new residential dwellings shall have dile quality exterior design and architectural features substantially as depicted on the Pictorial Exhibits entitled "WALLER PROPERTY" dated July 28, 2017, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. When the Property is developed, the Grantor shall record a Declaration submitting Lots 1 through 9 to a mandatory membership Homeowners Association which shall ba responsible for maintaining the stormwater management facilities, within the easements for same, located upon Lot 10. 5. Further conditions may be required by the Grantee during subdivision 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 evider}ced by a certified copy of an ordinance or a resolution adopted by the governing body of the G#I•antee, 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 vestedth all necessary authority, on behalf of the governing body of the City of Virginia Beach, irginia, to administer and enforce the foregoing conditions and restrictions, includin4 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, 3 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 GraIli tors and the Grantee. 4 WITNESS the following signature and seal:. Gra or: •,�'. I ✓ "c / EA / (S L) John S. Waller COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31 s gay of July, 2017, by John S. Waller, Grantor. )44k weeeae otary Public My Commission Expires: August 31, 2018 ,�P R. /f. Notary Registration Number: 192628 � . mail ikkleV f Pt ,ic 5 WITNESS the following signature and seal: Grantor: . 1a/2._tAA__k2taj (SEAL) Karen S. Waller COMMONWEALTH OF VIRGINIA CITY/ OUNTY OF V17;,q' t-ec, -• , to-wit: he foregoing instrument was acknowledged before me this ';-°I day of July, 2017, by Kar n S. Waller, Grantor. Notary PT' . yi:4 /0,,---,,, 1- . ' My Commission Expires: 51� ,r-3U1 )-oma NotaryRegistration Number: -7 7 3 cfC• l ARIANA MARGUERITE BONIFACE NOTARY PUBLIC REG.#77346 HiQ M C• ' • •F VIRGINIA MY C• k •. •4.IRES:SEPTEMBER 30,2021 C ''f NTY OF VIRGINIA BEACH, to-wit: he foregoing • . 4 ument was acknowled:e• :- ore me this 2 day of July, 2017, by Kareh S.Waller, Grantor. 14►..i.. hafr .: r. ,. ota. •0'* Notary 'egistration Number:. -7 7 3 '1(4 l co ARIANA MARGUERITE BONIFACE NOTARY PUBLIC REG.#7734616 COMMONWEALTH OF VIRGINIA I MY COMMISION EXPIRES SEPTEMBER 30,2021 6 EXHIBIT "A" LEGAL DESCRIPTION All that certain or ieceparcel of land in the Princess Anne District of the City of Virginia Beach, Virginia, being known and designated as Parcel "2-A-2-A" as depicted on that plat entitled, "RESUBDIVISION OF LOTS 2-A-2 AND i-A RESUBDIVISION OF PROPERTY OF W A. M ASSOCIATES LOT 2A AND LOT 3A(M.B. 201,P 5 - 6) 0.042 Acre Parcel, RED MILL FARM ECTION TWENTY-ONE, PHASE TWO (M.B. 229, P 76 - 8o)AND LOT 1 RED MILL FORES (M.B. 257 P 11-13)VIRGINIA BEACH,VIRGINIA",dated August 8, 2000,prepared by Baldwin and Gregg and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 29o, at Pages 9 - 10. GPIN: 2414-75-6758-0000 H:\AM\Cnditional Rezoning\Waller\Proffer Agreement.docx 7 78 Item—VI-14 PLANNING ITEM#68309 Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of J AND B DESIGN, INC. and VILLAGE SHOPPES ASSOCIATES, LLC for a Conditional Use Permit re tattoo parlor at 3157 Virginia Beach Boulevard DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JAND B DESIGN,INC. and VILLAGE SHOPPES ASSOCIATES,LLC for a Conditional Use Permit re tattoo parlor at 3157 Virginia Beach Boulevard(GPIN 1497057220) DISTRICT 6—BEACH The following conditions shall be required: 1. 4 business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. JVhen installed, the wall sign shall be substantially conforming in size and appearance to the elevation drawings included in the submitted sign package on page 6 of the report and prepared by IDF PENSIGN. 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 10`h day of July, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 '3 \ 1 \ n7 \ 05 l_--, ,... 4111111111k .. 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', , \ 3 --' 11111,,..mill IMPOITO,_ Willi , , \ c---- Si 1 1 \ ,_,A .. \ '1, l a , . , .. . . , wow._ „die .. . .,____ R,, 79 Item—VI-J.5 PLANNING ITEM#68310 Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, CityCouncil APPROVED, AS CONDITIONED, BY CONSENT, Application of THE LASH CEO, LLC and SIFEN DEVELOPMENT COMPANY, INC.for a Conditional Use Permit re tattoo parlor at 1060 Lynnhaven Parkway)DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of THE LASH CEO,LLC and SIFEN DEVELOPMENT COMPANY,INC.for a Conditional Use Permit re tattoo parlor at 1060 Lynnhaven Parkway(GPIN 1496113563)DISTRICT 3- ROSE HALL The follaiwing 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. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, the application of permanent make-up. No other form of tattooing shall be permitted. 3. 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. 4. The proposed wall-mounted sign shall have a white background with black letters and a gold logo as depicted on page 6 of the report. Any on-site signage for the establishment shall meet the iequirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display 4r 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 Orinance 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 10th day of July, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 .1.0 .• 0 . . 4' dib / i 0 • ._\'''! /Ce 4Y/ T.- '0 ' •-„ N • '- ..... . I '0 . . . . WW1/ . . 1 . . -..----.. 0 .. . Illitill0/ vri , ' • , ..-' allirr/ • , __Illiabilft/ <// Irrifil./..,„.. ,., , _._._,- „7"\-\ 4Mrsill „____--''''''' . \ 4. iiilarp.111114111111t1P./igori: I i V IN • \\ \ * Irtg '%•\° -. ..* \ API 7 . . r, , 09 , 04 (om? .' . S \ \\* C' l 101 1 •1 1 2 . IN Nu . stir . i .. , iat .,, . .0:::,. ,..... 0 \ . , . . , . , ___ , .,. _ , . _ , „ .. . , .„ .., ., ,, . . „..,,,, .... , , ,,.,, . .•. . „ . ' , L .. '--.1---- . . . . . --1--_,./---,) _____--------------- L-------- cl ---- , „. fit -, /-----„ , / -- _ k e , '. ., , ) N I .. A I'''' ..'. . . . . r. . . l co . . . . e ;, . / .,. -14. •. II •i i I 1, }j i zI ...•. .•• ..' '. :f,.. .. /. "/ „, „ / .0// i ......4' 80 Item—VIJ.6 PLANNING ITEM#68311 Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council, APPROVED,AS CONDITIONED,BY CONSENT, Application of NINA and WILLIAM GILBERT for a Conditional Use Permit re residential kennel at 5716 Blackwater Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NINA and WILLIAM GILBERT for a Conditional Use Permit re residential kennel at 5716 Blackwater Road (GPIN 1398176071) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. No more than fifteen (15)adult dogs shall be permitted to live on the property at any time. 2. 411 animal waste shall be collect&d and disposed of in a lawful manner on a daily basis. 3. All dogs shall be current with all required shots and shall be properly licensed through the City of Virginia Beach. This Ordnance 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 10`h day of July, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council;Members Absent: None July 10, 2018 .% V" 1 a r .46 ISL. CM S, 0 . !Ili. Ii<LAD .3 E5 44 2 c_1:2-,3E.--D V) . Ur ;_k• • C •-c— — __,---\ ....\a $4 44 N #i%, r a r a .04 ,d -It , T':""'"-"\ :. 1 Q a I 0 ''. 81 Item—VI-J.7 PLANNING ITEM#68312 Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council, ALLOWED WITHDRAWAL, BY CONSENT, Application of HALLE PROPERTIES, LLC and GOPA THREE, LLC for a Conditional Use Permit re automobile repair garage at 620 First Colonial Road, DISTRICT 6—BEACH Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 10, 2018 82 ITEM VI-K APPOINTMENTS ITEM#68313 BY CO ENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT(COG)AND ALLOCATION REVIEW COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION PARKS AND RECREATION COMMITTEE PUBLIC LIBRARY BOARD OLD BEACH DESIGN REVIEW COMMITTEE STORMWATER APPEALS BOARD July 10, 2018 83 Item-VI-N ADJOURNMENT ITEM#68314 Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:53 P.M. aro Chief Deputy C" Clerk Lith/4./, rk Amanda Barnes, MMC Louis R. Jones City Clerk Mayor City of Virginia Beach Virginia July 10, 2018