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FEBRUARY 21, 2017 MINUTES &gr_i NA\ s a I`&a r s,9 a4�m 4g of R Wpno VIRGINIA BEACH;CITY COUNCIL Virginia Beach, Virginia February 21, 2017 Mayor William D. Sessoms, Jr., called to order the City Manager Briefings on the VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) in the City Council Conference Room, Tuesday, February 21, 2017, at 3:00 P.M. Council Members Present: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None 2 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 3:00 P.M. Mayor Sessoms welcomed Andrew Friedman, Director—Housing and Neighborhood Preservation. Mr. Friedman expressed his appreciation to the City Council for their continued support. Mr. Friedman acknowledged Members of the Board of Directors in attendance: Alex Kalasinsky, James Banks, Terron Rodgers, Courtney LaLonde, Anthony Nero, as well as Addie Wright Thomason, President and CEO and Jessica Guglielmo, Vice President and COO: VBCDC Background, History and Current Issues Virginia Beach Community Development Corporation Andrew Friedman February 21,2017 Mr. Friedman provided the Outline for today's presentation: Outline • Profile • History • Housing Developments • Finances •City Relationships •Current Issues •Conclusions and Recommendation • Suggested Chart of Policy Direction February 21, 2017 3 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) The Virginia Beach Community Development Corporation (VBCDC) was created by the City Council in 1985 to specifically assist in revitalization of twelve (12) target neighborhoods, develop new affordable housing and rehabilitate existing housing and make it affordable: 3 Profile Created by City Council in 1985 because we didn't have a Redevelopment and Housing Authority in order to: -Assist in the revitalization of 12 target neighborhoods -Develop new affordable housing -Rehabilitate existing housing and make it affordable Independent 501(c)(3)nonprofit corporation About 30 staff • Owns approximately 450 rental units Property valued at$32.3 million(Oct 2016 balance sheet) Mortgages&long term debt of approx. $20.6 million (Oct,2016 balance sheet) Annual budget for FY 16-17=$5,983,290(Dec 31 financial report) VBCDC has a Board of Directors appointed by the City Council and By-Laws and any changes must be approved by City Council. In 1992/1993, VBCDC created a subsidiary organization "Second Act Communities"which is not appointed by the City Council: 4 Profile (2) • Board of directors is appointed by City Council • By-laws and any changes must be approved by City Council •Assets provided by the city to VBCDC must be returned to the city if VBCDC ceases to exist • Subsidiary organization—Second Act Communities—not appointed by Council; its purpose is to develop affordable housing anywhere, including VB; and to qualify for certain available HUD funding from the city; currently developing or seeking to develop housing in Chesapeake and other areas •VBCDC is paying for Second Act staff and operating expenses and recording those expenses as a loan •Second Act will be expected to repay VBCDC when its developments are completed and it receives development fees February 21, 2017 4 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) Other subsidiary or affiliated companies have been formed to own these specific developments: s Profile (3) • Other subsidiary or affiliated companies have been formed to own specific developments: Name of Affiliate What it Owns Cornerstone Property Grand Cypress Apts. Ventures Citywide Homes 2001 32 Scattered-site townhomes Cedar Grove 2011 Cedar Grove Apts.(32 units) VBCDC has multiple financial relationships with the City and, as such, the City has eighty-nine (89) properties owned by VBCDC valued at over$8-Million: 6 Profile (4) •VBCDC has multiple financial relationships with the city, and its financial results are included in the annual CAFR. • Nearly all of the housing that has been developed by VBCDC in Virginia Beach was done with financial assistance from the city in some way. Liens are set for defined time periods based on HUD requirements. •The city therefore has liens remaining on 89 total properties (some with multiple apartments) owned by VBCDC. The total value of these is over$8 million.These liens expire at various times in the future. February 21, 2017 5 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) This Map provides the location of VBCDC or Second Act properties that have liens: r As f • Location of VBCDC or SVHC/Second Act properties that have DHNP liens As of 2/6/17 Below is the "History"of VBCDC: 8 History • 1985—Board appointed by City Council,Exec.Director and one assistant,budget of $85,000 appropriated. 100%of costs paid by the City with CDBG funds. • Approx. 1988-City donation—house at Mt.Trashmore II for Transitional Housing program—obtained multiple HUD grants starting in 1989 which continue now • 1989-90-91 —built infill housing for homeownership in target neighborhoods • 1992—Additional city funding—Federal Home funds—acquisition/rehab of scattered site housing with 100%or lower%grants—rehab and rent as quality affordable housing/plus improved housing quality—ongoing until 2015 • Ongoing—Contracts with Dept.of Human Services—development or purchase and property management—Biznet Village,Gladiola Crescent,Beach Park and Beach Park West—ongoing property management services contracts • Homeownership program—purchased and sold houses with low cost financing to over 100 persons—scattered sites—no longer active • 2011 -Multifamily development—Cedar Grove apts.for veterans February 21, 2017 6 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) VBCDC has bought, built, rehabilitated and/or financed housing of various kinds throughout the City for various populations: VBCDC's Housing Developments VBCDC has bought, built,rehabilitated and/or financed housing throughout Virginia Beach,of various kinds for various populations.Examples of these follow.They include: •Scattered site townhouses bought and rehabilitated and rented for affordable housing •Apartment complexes bought and/or built and used to provide housing to clients of the Dept.of Human Services • New housing built and sold to homeowners in the original Target neighborhoods •Scattered site housing bought,rehabilitated and sold to new homeowners •One apartment complex providing housing for formerly homeless veterans •A condo development This Map provides the approximate boundaries of Newlight Neighborhood, one of the original "Target Neighborhoods"in the Indian River Road area: X �a , �c - a' j. v0,,,,y. •s Approximate ttly m i ,, - y ,.,o'-R• boundaries of a -_,r a, s i o Newlight J t", • .? '` --v neighborhood, �* i " "` w Virginia Beach ,-„ - (both sides of vl• � Indian River Rd.) •,, v `%a moi+ r .. - R - • Lit. • f �4 Car---4c--- i•'� ' b 1 ian;R ve+a- w tom...// _ r February 21, 2017 7 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) The City had a number of "African American Communities" that were bypassed during the "suburban development of the City during the 1970's and 1980's". These neighborhoods were without water, sewer and proper streets and drainage. In the 1980's, City Council adopted a Plan to provide those services to the neighborhoods. The City completed the full infrastructure, housing rehabilitation; and, in some cases, new construction of homes. Newlight Neighborhood benefited from these services and below are the specifics regarding the neighborhood: 11 In 1990, VBCDC created a 16 home subdivision in Newlight of 3 bedroom, 2 bath ••mes ,41111-111APPIP-- , , i' i /7, '-'-' : 4.----, 4-- • SS *111/477 * p4 AA J Yi' , <_4.�, /1/ In 2007, these homes were valued over$200,000: 12 VBCDC initially sold homes in Newlight for $65-$80k and the homes are now (2007) valued over $200k - -1711w---- • , — I In 2007,this home was valued at$216,000. February 21, 2017 8 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) This Map provides the approximate boundaries of Newsome Farms located off Newtown and Daniel Smith Roads area: 13 Approximate • ' boundaries of the � ! ,A;411:1 Newsome Farms ,' neighborhood, off i' / '.- `' 5` Newtown and r.' Daniel Smith Rds. r r: . .":7•‘''.;':e,,,: , ' 4 = , ,;( , , , rrginia each -•__ s r min .. =�R..,„,...,;:. ,_ _ --„......„..„,_ ::: 1 46116 g itiLik.„ _ .. -,-. ; -, r 1y)` VBCDC built infill housing in this neighborhood off Newtown Rd.in the early 1990's February 21, 2017 9 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) In 1996, VBCDC purchased Atlantis Manor to serve mentally disabled adults. This is located within Newsome Farm Neighborhood: 15 In 1996, VBCDC purchased Atlantis Manor to serve mentally disabled adults. _. i i Atlantis Manor -745 Lawrence Drive _`' A 4.t , , ti VBCDC purchased Beach Park West Apartments for Department of Human Services clients off of Old Virginia Beach Road: 16 -----. s--7V'1 '% ` ''411t- ; _ . izio 4 Beach Park West Apts. for DHS Al 16 Clients ; 1111F 856 Old Virginia Beach Rd. f * 1 _ J C February 21, 2017 10 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) In 2001, VBCDC sold its 100th house to a first time homebuyer in Princess Anne Plaza: 17 In 2001, VBCDC sold its 100th house to a First Time Homebuyer in Princess Anne Plaza _ 44 _ E 1nir1 :` In 2007, VBCDC constructed Biznet Village for severally disabled clients. This is located off West Neck Road: 18 C� �C 'i � Biznet Village, e, \, ,, West 91* "� Neck 84.014, ri N I Rd. CR.O. V --__ February 21, 2017 11 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) 2007 Biznet Village Completed S d� f Biznet Village is a licensed Intermediate Care Facility in Virginia Beach.VBCDC is the owner and manager and DHS provides 24/7 care to 24 adults with profound developmental disabilities. Cedar Grove Apartments was the first of its kind in the Country to provide housing for formerly homeless and/or disabled veterans: -, 20 Cedar Grove Apts — Broad Meadows Blvd a: '.. 14, y t t 1 '°11i:- Ht- -sr ii"147"."gh*.‘—':: ' • I Apts t r 1 r'1 a's , K - p February 21, 2017 12 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) 21 i!-- Iio1 .-_ _ art `.h. — 4._•__,..4._•__,.. , — � , Developed in 2011-32 units for homeless or disabled veterans—100% voucher supported 22 a'.i ( Habitat ° a homeownership iture � 0, 4 development • p f . . j' t limesimannmem Beach Park ,,,,i :-/-$114.-p-- , ' `y: West ti> i • r Apartments February 21, 2017 13 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) VBCDC purchased Beach Park West in the past ten (10) years which is used for affordable rental housing: 23 Beach Park West — for DHS Clients Nelms Lane next to Haynes '' pi t lir. 1 - i -11;1 -I r.---,c 4 ail [ . Frw-- n Ocean Trace Condominiums—Purchased by VBCDC in late 2010's 7 it OC T ate Apartments lot w A4Z.:. ISIMI'l 62 . i "- tai .. -. , .dam tot aw e!,• ` * ` i - • February 21, 2017 14 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) Ocean Trace ,s -, ,. - r Condominiums ' . —operated as • a h., t affordable rental '-g '='T, " to► housing r F 4? l '2 :,"^yam. 6 .. / , , s ,' k -1, " ;I* etc-,_.__4.1.7—t' In 2016, VBCDC purchased Grand Cypress Apartments, without any funding from the City: 26 In 2016,VBCDC \, 1 purchased Grand ,=f Cypress Apts,a , "" , t a 55 unit mot . a development,by 's c _� !` assuming the ' ' mortgage and --" ;. . - i .ti, additional loan. , a+ ^35 No city or Federal ��... ta4, r> funds were utilized ,*^ in the purchase. - ` VBCDC may .. request funds to s� r rehabilitate the { i apartments in the 4t; ''-`30,,,, #` future F 3 '` ; nqi Al r v a ft ,,....j0 `J February 21, 2017 15 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) 27 A i ,- • w s j n • Grand Cypress apartments,Virginia Beach Also, in 2016, VBCDC purchased "The Spot", an existing Lake Edward Town Home to use for "community activities": 28 "The Spot" • In 2016 VBCDC proposed to convert and existing townhouse into"The Spot", a place for community activities. • City Council granted a conditional use permit for this • Renovations are nearly complete and an opening ceremony will occur this spring. • moi.• ' February 21, 2017 16 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) Annual rental income of approximately$3.5-Million supports VBCDC operations: 29 How VBCDC Supports Its Operations •$3.5 million in annual rental income • This includes over$1 million in rental income paid by the Dept.of Housing for 104 units with a Housing Choice Voucher/Section 8 eligible tenant,and the 32 units in Cedar Grove Apts. • Contract with the Dept.of Human Services for property management • Developer fees when new housing development is completed • While originally 100%of VBCDC's revenue came from the city, we currently do not provide administrative or operating support to VBCDC—this was what was intended when VBCDC was created. Below is the VBCDC Financial Summary: 30 VBCDC Financial Summary •Annual operating budget-between$5.5 and$6 million • Net operating losses in each of the past two years • Projected deficit for the current year(16-17) •These are planned deficits that are intended to be made up through the receipt of future developer fees from completed developments February 21, 2017 17 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) VBCDC operates with a "Planned Operating Deficit"each year: 31 VBCDC Operating Results •VBCDC's budgeted expenses for FY 16-17 are $5,983,290 • Income is projected at $5,396,832 • Planned operating deficit of $ 586,458 •When combined with the prior fiscal years'deficits, it looks like this: VBCDC Operating Results FY 14-15 $ (323,772) FY 15-16 $ (1,344,976) FY 16-17 $ (586,458) 3 Yr Total $ (2,255,206) VBCDC historically, and continues, to have a "significant amount of reserves"per the Board Report on December 31, 2016: VBCDC Still has Significant Financial Reserves VBCDC Cash Analysis Per Board Rept as of 12/31/16 Working capital $ 175,000 Unrestricted reserves $ 190,715 Restricted reserves $ 1,198,144 Board designated reserves $ 560,526 Total $ 2,124,385 VBCDC's Board has a policy regarding replacement reserves that is reported on monthly. The policy is to maintain 25-30%of its annual operating budget or 110-125%of annual debt service,whichever is higher. February 21, 2017 18 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) 33 VBCDC's relationships with the City •Council appointment of board •VBCDC results are reported in the CAFR • City has liens on 89 of 450 VBCDC properties • DHS has contracts for rental and/or property management of five VBCDC properties • Receives approximately$400,000 through the homeless continuum of care grant,which the city coordinates and submits to HUD • DHNP/Code Enforcement inspects most VBCDC properties VBCDC has stopped adding to its scattered site housing due to the increase in costs of management: 34 Current issues • VBCDC stopped adding to its scattered site acquisition/rehab inventory in 2015 and is considering selling some units to raise cash and to reduce maintenance and operations costs. •The acquisition of Grand Cypress Apts. is the only addition to VBCDC's inventory since 2015. •A potential new veterans'housing project is under discussion between VBCDC and the city February 21, 2017 19 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) In 2016, VBCDC stopped operating the "owner-occupied housing rehabilitation program" and the Department of Housing and Neighborhood Preservation continues to maintain that program: 35 Current Issues (2) • Termination of the owner-occupied housing rehabilitation program—DHNP is now operating the program and will be resourced for FY 18 • VBCDC non-housing initiatives VBCDC(or Second Act)has many community development initiatives underway.These include the following: -Community Healing Arts Initiative Racial Equity Circle -Ascend Speakers Series -Back to School Prep Rally Food Pantry at Potters Road Dominion Energy Share(Utility Assistance Program for Veterans) -Support Services for Veterans Families Below are the "Conclusions"of VBCDC: Conclusions Conclusions: • VBCDC has been a very valuable partner,creating a significant amount of new affordable housing,helping to maintain housing and in some cases revitalize neighborhoods,and bringing a large amount of new capital investment to the city through these activities. • VBCDC has had an excellent record of financial and regulatory accountability VBCDC is very capable non-governmental and non-profit housing development organization' • VBCDC or an organization like it is needed as a key partner in carrying out a housing and neighborhood revitalization strategy •There are two statewide non-profits—Virginia Supportive Housing and Community Housing Partners,that have worked in VB and can do many of the things VBCDC doesfor has done. February 21, 2017 20 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) Below is staff's recommendation:: Recommendation •We should continue to exercise our available oversight and guidance options to clarify expectations,(including the proposed roles and relationships chart on the following page,or a revised version of it),and to insure that VBCDC continues to be fully accountable and sustainable, while providing valuable services and creating new housing options in our community. Potential Roles and Relationships-DRAFT City Council provides City Council City Council appoints VBCDC's direction for the City it Manager,who adopts a board members, housing strategy. and provides DHNP,guided by the direction to them strategy,identifies City through the liaisons policies and programs Manager& regarding the to carry out the DCM housing strategy strategy. i and VBCDC's roles in carrying it out. DHNP provides gap Honing financing and/or Strategy contracts with VBCDC to carry out elements of the housing strategy. = DHNP VBCDC �HN�end VBCDC Eel "j each other and gnment to P me Council s direction February 21, 2017 21 CITY MANAGER BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) ITEM#66780 (Continued) 39 Your Questions and Comments THANK YOU! Mayor Sessoms expressed his appreciation to Mr. Friedman and the entire VBCDC Staff for the informative presentation and for all of the wonderful work the organization is accomplishing in the City and the Region. February 21, 2017 22 CITY MANAGER BRIEFINGS CAVALIER TOURISM DEVELOPMENT FINANCING PLAN ITEM#66781 3:24 P.M. Mayor Sessoms requested Vice Mayor Jones to preside for this and the next Briefing. Vice Mayor Jones welcomed Patti Phillips, Director—Finance. Ms. Phillips expressed her appreciation to the City Council for their continued support: Cavalier Oceanfront Request for Amendment to February 2014 Approved TDFP February 21, 2017 Patricia Phillips Cavalier Development has requested an Amendment to the Tourism Development Financing Plan (TDFP)from$18-Million to $24.5-Million and this provides the "Bottom Line Up Front": Bottom Line Up Front • Request to increase TDFP grant from$18 M to$24.5 M: — 1/3 City share:paid from annual 1% local sales tax generated by project("but for"money)until a total of$8.17 million, plus interest,is paid • Benefits to the City from adding Embassy Suites: — Embassy Suites tower on oceanfront changed from timeshares to hotel,debuts brand to market--upper upscale — Switching to hotel adds new taxable sales of$17 million — Private investment of$56 million for Embassy Suites — Increased parking from 300 to 521 sp garage — Increased meeting rooms and conference space — Fiscal impacts to the City increase over$30 million(20 Yr) — No city or VBDA debt---developer is obligated for loan • Add: Requirement that if construction costs less,then similar reduction in TDFP February 21, 2017 23 CITY MANAGER BRIEFINGS CAVALIER TOURISM DEVELOPMENT FINANCING PLAN ITEM#66781 (Continued) TDFP Project Site: 2014 TDFP Amendment o V 47P Ij„nr r v e r m TDFP 2014 A ,21 i. iTDFP 2014 - o-, TDFP•2017 rte .....0* Below are the governing sections of the State Code (58.1-3851.1 and 58.1-3851.2) regarding the Tourism Development Financing Program "TDFP": Tourism Development Financing Program-TDFP • Virginia localities provide project-generated 1% sales tax remittances for private sector debt service to close a project's financial gap, provided project meets statutory requirements. • Ensures project fills tourism void—upper upscale hotel and conference center. • Creates partnership between developers, localities, and the State: 1% local sales tax, 1% state sales tax, and 1% developer access fee • 1% from on-premise generated revenues only February 21, 2017 24 CITY MANAGER BRIEFINGS CAVALIER TOURISM DEVELOPMENT FINANCING PLAN ITEM#66781 (Continued) Below is the Cavalier Funding Summary: Cavalier Funding Summary u 13'Z u C. n. Ju 2013 1.EDIP Award(VEDA) $8,200,000 2.Green Space/Historic Preservation Easement 2,370,000 3.Cavalier Drive 2.449.040 Total One-Time Costs $13,019,040 4.Annual Grants(based on increased real estate tax revenue)capped at$5 million 5.000.000 Grand Total Incentive Payments $18.019,040 Gao Financing Approved February 2014--TDFP Investment Taxable Sales Gap Historic Cavalier $ 50M $11M $4M Oceanfront Hotel $ 95M $33M $14M Total 5145M 544M 518M $12.4%of investment City 1%rebate of project sales tax I$ 6 Million I State 1% rebate of project sales tax $ 6 Million Developer 1%access fee $ 6 Million Total $ 18 Millioq 5 In February, 2014, City Council approved TDFT-1, totaling a$18-Million Funding Gap: TDFP —Summary of February 2014 Gap in millions T DFP+� Historic Oceanfront Embassy i Cavalier I ,Marriott Suites Total Estimated Development Costs $50.0 $95.0 NA $145.0 Equity 36.0 17.0 53.0 Anticipated Bank Debt 10.0 64.0 74.0 Funding Gap £4 $_18,Q 6 February 21, 2017 25 CITY MANAGER BRIEFINGS CAVALIER TOURISM DEVELOPMENT FINANCING PLAN ITEM#66781 (Continued) This is a request to Amend TDFP to$24.5-Million in Funding Gap: TDFP — Summary of February 2017 Gap in millions Estimated Development Costs $73.9 $105.1 $56.0 $235.0 Equity 56.5 24.9 11.2 92.6 Anticipated Bank Debt 13.4 66.2 38.3 117.9 Funding Gap LAS $14.0 $6.5 $24.5 Approved February 2014 Proposed 2017 February 2017 Gap is for Embassy Suites only Below is the Summary for the 2017 Amendment to TDFP for the Embassy Suites: 2017 Request for Amendment to TDFP Embassy Suites • Embassy Suites added,debuts brand to market-upper upscale • 150-200 rooms ➢ Increased Size of Parking—from 300 to 521 space garage • Total private investment of$56 million • Annual taxable sales of$17 million • Conference Space for Embassy Suites: 8,000 sf Total conference space with Marriott:30,832 sf >' Creates a unique conference venue and unique oceanfront resort complex Increase in TDFP= $6.5 million City Share = $2.17 M (plus interest) to be repaid from 1% local project sales tax, until developer debt is satisfied a February 21, 2017 26 CITY MANAGER BRIEFINGS CAVALIER TOURISM DEVELOPMENT FINANCING PLAN ITEM#66781 (Continued) Below is a breakdown of the overall Cavalier Project and its components: Cavalier Project Components January 2017 Westside (millions) Historic Cavalier Renovation(rooms,restaurants,amenities) $73.9 Oceanfront Oceanfront Beach Club new facility 6.7 Embassy Suites 56.0 Oceanfront New Tower—Marriott 105.1 Townhouse/Condominiums 24.5 Total Investment Excluding West Side Residential $266.2 Add West Side Single Family Residences $ 80.2 Total Estimated Investment $346.4 Total Investment Projected June 2013 5259.4 Total Investment Projected January 2014 5260.3 Increase from June 2013 7.0 The City uses an "input/output metric model" in estimating fiscal impacts for various projects, including displacement factors, various estimates, business licenses, personal property and overall "spin-off" that may be generated by the project: Estimated Fiscal Impacts of Entire Project Net Of All Incentives in millions Feb 2014 Jan 2017 Feb 2014 Jan 2017 Net Fiscal Impact $80.0 $146.0 $37.1 $ 91.1 Less:Incentives (18.7) (18.7) (18.0) (18.0) Less:1%Local General Sales Tax-TDFP (9.1) (12.6) 6.0 (8.17). Net Fiscal Impact $52.2 $114.7 $31.1 $64.83 Increase from 2014 C7 S $33.79 TDFP:1%local sales tax,1%state sales tax,plus 1%developer access fee City share is 1/3 of$24.5 million or$8.17 million to be paid from annual 1%sales tax generated by the project("but for" money)until a total of$8.17 million,plus interest,is paid. io February 21, 2017 27 CITY MANAGER BRIEFINGS CAVALIER TOURISM DEVELOPMENT FINANCING PLAN ITEM#66781 (Continued) In reviewing the requested Amendment to the TDFP, Staff feels the Embassy Suites meets the City's thresholds: Review for TDFP Amendment Embassy Suites—Meets Thresholds 1. Investment over$30 million ✓ Embassy Suites is$56 million(total in TDFP is$235 million) ✓ Total Project Investment(all components)increased$87 M 2. Sales over$1 million annually ✓ Sales for Embassy Suites projected at$17 million ✓ Sales for whole TDFP project Historic Cavalier,Marriott,and Embassy Suites projected at$63.2 million,which will generate$632,000 toward gap financing by 2020 3. Increase year round employment 4. Redevelops old Cavalier Conference Center 5. Adds meeting and ballroom space: ✓ Marriott: Ballroom increased from 7,000 sf to 13,852 sf, meeting rooms increased from 5 to 7 ✓ Embassy Suites:8,000sf ballroom/meeting space,5 meeting rooms ✓ Total ballroom/meeting space is 30,832 sf 6. Fills a void-upper upscale hotel and oceanfront conference facilities 11 Below are the Next Steps; however, it is not certain the Virginia Tourism Corporation (VTC)will approve the application: Process and Next Steps • VBDA Open Session Brief and decision--February 21 • City Council Public Briefing--February 21 • Public Hearing and City Council Ordinance—March 7 • If approved,staff will enter into a Performance Agreement as required by State Statute,and forward the amended application to the Virginia Tourism Corporation(preliminary approval already received)for its approval and review by the State Comptroller—March 10 • Performance Agreement will include requirement that if project costs are under budget,amount of Gap is reduced 12 Vice Mayor Jones expressed his appreciation to Mrs. Phillips for the Update. February 21, 2017 28 CITY MANAGER BRIEFINGS ATLANTIC AVENUE and TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND GRANT APPLICATION ITEM#66782 3:45 P.M. Vice Mayor Jones welcomed Thomas Leahy, Deputy City Manager. Mr. Leahy expressed his appreciation to the City Council for their continued support: Cavalier Hotel Project: Cavalier Associates Proposed Realignment of Atlantic Ave Transportation � .> Partnership -_ -,. Opportunity Fund � (TPOF Grant J� Thomas Leahy February 21, 2017 _ "41,1- ; si Below is the proposed realignment of Atlantic Avenue in conjunction with the Cavalier Hotel Project: Cavalier Hotel Project: Cavalier Associates Proposed Realignment of Atlantic Ave 1 -A cul-de-sac would be constructed on Atlantic Ave north of 40th St Traffic between Atlantic and Pacific would be redirected via 40th St Turn lanes would be added to 40th and Pacific go O street parking spaces would be constructed on Atlantic ▪ idewalks and landscaping would be included Utilities would be relocated and placed underground Existing traffic light at Atlantic and Pacific would be removed o w A new traffic light would be installed at 40th and Pacific A new traffic light would be installed at 42^d St and Atlantic February 21, 2017 29 CITY MANAGER BRIEFINGS ATLANTIC AVENUE and TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND GRANT APPLICATION ITEM#66782 (Continued) This is the proposed overall Project Plan: Proposed Project Plan IMP ' -1.„,„. s4 ilitli.411111 ... ..., ""la. �.- ,. ,,--- , . _,Lie--moi �; _,,, , —:: . .� �4� � 7 . „..,_. -- ..--.-- :. , , • _ pc.:„........ ,.7 V't I '7. ''s r:, I a,:zw-, avgalliff , i;,,,,,,,, ,ilr ,, i - f -1P. r?iBlikir,. flip]tri -1-4- I 1 4.,1 it.e ;ill 'II-' ''''L tr'-I ' '''''':,, - . a • ' 01 lite OVERALL PLAN M c.nu<W.,.wry..2,7 This is the proposed overall Project Plan with the Cavalier Development: Proposed Project Plan - With Development Ilait -4 PA; 4Aft‘ ire' L'/ --7:1;.":4* %,,,'M 1 f./ '''441 OVERALL PLAN February 21, 2017 30 CITY MANAGER BRIEFINGS ATLANTIC AVENUE and TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND GRANT APPLICATION ITEM#66782 (Continued) These are the goals, objectives and benefits of the proposed "realignment"of Atlantic Avenue: Proposed Realignment of Atlantic Ave Goals, Objectives, Benefits Will mitigate traffic congestion and safety issues that are expected due to stacking as a result of the much larger hotel complex and conference facility I.Cr ates an off-street vehicular stacking corridor reates a regal entrance in-line with the upscale nature of the facility Simulates the historic Grand Lawn viewshed between historic and new hotels Accommodates an unloading zone without impeding traffic N.Adds a new trolley stop This illustrates the "Historic Cavalier Hotel Grand Lawn Viewshed": Historic Cavalier Hotel Grand Lawn - 1 iewshed • • . .. , February 21, 2017 31 CITY MANAGER BRIEFINGS ATLANTIC AVENUE and TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND GRANT APPLICATION ITEM#66782 (Continued) City Council has advised Staff the City has no interest in paying for this realignment; however, the State does have an opportunity for this type of project to qualify for the Transportation Partnership Opportunity Fund(TPOF) Grant: Transportation Partnership Opportunity Fund (TPOF) Grant §33.2-1529.1 of the Code of Virginia (2005, 2015) Monies awarded by the Governor as grants, loans, or other financing tools to address transportation aspects of economic d elopment opportunities ▪ unds may be used for any transportation project but grants are limited to agencies or political subdivisions of the Commonwealth ▪ Eligibility Criteria(investment amount,job creation, out-of-state tourism revenue, etc): Project appears to easily satisfy criteria I. Right-of-way must be owned by the City. Cavalier Associates will be required to dedicate about 2,200 sf of property to City Below are the construction activities, timeline and costs of the realignment: Construction Activities, Timeline, Costs Design MAR 2017-NOV 2017 $ 326,000 ▪ Uf ity Work DEC 2017-APR 2018 $ 238,000 Construction MAY 2018-JAN 2019 $1,933,000 TPOF Grant Request $2,497,000 February 21, 2017 32 CITY MANAGER BRIEFINGS ATLANTIC AVENUE and TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND GRANT APPLICATION ITEM#66782 (Continued) Below are the Next Steps: Redesign and Realignment of Atlantic Ave Next Steps ',Council endorsement of redesign/realignment concept Council resolution authorizing staff to apply for TPOF Grant and request VDOT conveyance of right-of-way to the City Grant approval Obtain dedication of right-of-way from VDOT, and dedication of 2,200 sf parcel from Cavalier Associates Design and construction Vice Mayor Jones expressed his appreciation to Mr. Leahy for the Update. February 21, 2017 33 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66783 4:05 P.M. Mayor Sessoms welcomed Patti Phillips, Director—Finance. Ms. Phillips expressed her appreciation to the City Council for their continued support: FY17 Budget to Actual Financial Update ii,_ . -fril, as of January 31, 2017 - sr..,r „ .., lUirefiositote Soak t , Finance ' ark ..Ita— I Today's presentation provides an overview of the past seven (7) months: Overview - 7 Months FY17 General FY17 General Fund Fund Next Steps ----_ Revenues Expenditures 3 ` February 21, 2017 34 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66783 (Continued) Below is a "snapshot"of the FY2017 General Fund Revenues and Expenditures: FY17 GF Revenues 8 Expenditures Thru January 31, 2017 Annual YTD Budget Actual Variance Revenues Local (83.6%of budget) $ 891.5 $ 412.9 (478.6) State (14.5%of budget) 154.6 59.0 (95.6) Federal (1.9%of budget) 19.8 10.6 (9.2) Total Revenues $ 1,065.9 $482.5 $ (583.4) Expenditures City Operations $ 661.0 $ 394.4 5 266.6 City Capital Projects 26.9 16.3 10.6 School Operations 428.4 246.7 181.7 School Capital Projects 3.6 _ 2.1 1.5 Total Expenditures $ 1.119.9 $659.5 $ 460.4 lA Less Amounts Funded from Fund Balance Encumbrances/Carryforwards at 6/30/16 $ 8.8 City and School Capital Projects 9.6 Waste Management Fund 10.1 urricane Matthew 8.7 AA chool Reversion 16.8 djusted Expenditures $ 1.065.9AI Revenues do not come in equally. Revenues are at 46.8%of the estimated Budget: FY17 YTD General Fund Revenuesompared to Historic Trend at January 31, 2017 100.0% 100% --- -- - -•---- YTD ACTUAL=$482.5M a ANNUAL BUDGET=61,065.9M 80.1% m 80% • c c / m r57.6%' T. 60% O -• 44.4% 48.3% 41.7% m 40% I -.-. 4.3% _ 32.2% 42.5% 1 32.2% 13.6% 4.% 8.1% 11 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun •Rev Trend -.-%of FY17 Rev Budget February 21, 2017 35 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66783 (Continued) FY17 - General Fund Revenues ► $482.5M collected as of January 31,2017(still need to co ► $16.3M greater than FY16 and$28.2M greater than FY15 ► Real Estate($8.8M), Restaurant Meat Taxes($1.0M),Human Servi ($1.2M),and Cigarette Taxes($1.7M)-General Fund Portion ► 1st half of Real Estate Taxes were due December 5, 2016 ►Total Received-$249.8M(Total Citywide-$281.7M( ► Business License Tax due March 2017-$46.4M Budget ► Annual Personal Property Tax due June 5,2017-$93.6M • 2nd half Real Estate Taxes due June 5,2017 One of the most significant Revenues for the City is Real Estate which is at 52.1%of Budget: Real Estate Revenues - GF Porti. January 31, 2011 - 2017 BUDGET $500 $466.4 $480.0 $435.4 $423.1 $441.0 5428.2 $443.7 $400 5 >•$300 5200 $100 89e 89l 9511 9311 9311 9911 $0 - FY2011 FY2012 FY2013 FY2014 FY2015 FY 2016 FY2 (84.6246) (84.6246) (90.624s) (88.6246) (88.6246) (90.8246) (90 &A Actual Collections i...aYTD •%of Total >'r February 21, 2017 36 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66783 (Continued) $19.3-Million has been collected in Personal Property Taxes: Personal Property Taxes (exclude PTRA) January 31, 2011 - 2017 $100 BUDGET 595.9 $93.6 % 590.9 $80 $78.7 °. $73.7 $74.7 80% 565.9 o_ a $60 60% y O 0 V � m x$40 40% 1- 96 X % % 20.6% $20 - -- . - _ 20% $19.3.a. $0 ,�.� ir�m..s: rn._._ $4.00 0 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 20,7 Actual Collections LaYTD -%of Total $32.3-Million has been collected in General Sales Tax: General Sales Tax 5ta January 31, 2011 - 2017 Cft 5% (1%Local Portion) BUDG Y, $63.2 $60 $56.4 $58.2 $61.1 700% 551.7 $53.4 $55.0 list � 80% $45 € El% X0% 51.2%N �11.4 32.3 40%eC $15 26 0% FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 ,__,Actual Collections .__YTD . %of Total February 21, 2017 37 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66783 (Continued) The City continues to do well with this Tax which is a good sign that the Resort Area and hotels are doing well overall. Specifically, taxes are up 4.8%from FY2016: Hotel Room Taxes - GF Portion only January 31, 2011 - 2017 5% (2%of total 8%) DOE7 BU 56.6 $6.7 i. 7. $6.2 $6 55.8 $5.9 -.- 55.5 $5.4 % %55.478 4,, BO% o % %l %- X53 0 E N an 54 60% p d3 To V e 12 O 40% `. W 2 1 SO : '' . : ' 20% FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 r.+Actual Collections i..YTD •%of Total : :� � .Total Hotel Room Taxes � iii January 31, 2011 - 2017 - .lf 535 BUDGET H "T .s: - $30.6 531.5 ; $30 $28.7 $26.1 $27.2 $27.4 $25 $25.3 % % S20 % �' jpR N 515 Vii „ _ 3 o ?tote Roan Taxes 8%Allocation cc 510 General Fund-2% TIP-5% $5 .-' TAP-t% •-6$1 per night 5adbrdge .5% $1 per night CBD TIF-5500k annually $0 011 2012 2013 2014 FY 2015 2016 FY 2, Actual Collections uYTD •%of Total February 21, 2017 38 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66783 (Continued) $25.3-Million has been collected in Restaurant Meal Taxes, up 4.2%from FY2016: Restaurant Meal Taxes - 0 2=% 3 5% GF Portion Only 0 5. TIP, BUDGET 06% $45 January 31, 2011 -2017 6o,, 541.3 0.22% (3.5%of total 5.5%) 540.4 100% $38.2 $36 $35.1 536.2 $34.0 $32.3 80% - c N$27 % % .`% 60% $18 40% $9 ZO% 50 FY 2011 FY 2012 Y F4 FY 2015 FY 2016 FY wActualCollections►.d YTD .%of Total r;.; £r Total Restaurant Meal Taxes January 31, 2011 - 2017 $70 BUDGET $63.4 $64.9 $60.0 $56 553.3 $55.1 $56.9 $50.6 5 542 % % N IP 111 $28 mAbll'ha.,8.5%1A/lxatio l Oanaral Fund-35%: $14 _ TP 1.06% TAP=0.B% OPin Spap.-0;22%: 16wBbnodal-0.22% So FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 fooActual YTD .%of Total '3s February 21, 2017 39 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66783 (Continued) Comparison of FY17 and FY16 GFCevenues January 31, 2017 FY2017 SID FY21116YID ,90112r 1, Beiee1 Mad % Mad % x.mall •heal Erwin lacy S 4811(7 S 249.8 52.1 o S 241.1 517 Personal Property Tues 93A 193 20A 182 18.9 11 6.4 Co®naeahh-PPTRA 53.4 6.5 12.2 63 12.2 (nneral tick.Ta. 632 323 51.2 314 51.3 0.9 31, Utility Taws 253 11.6 45.6 11.8 46.5 (01) (I.0• Teleco®Iniutions Taws 17D 73 424 7.1 41.6 0.1 1.8 Buskers lsenses 46.4 3.1 6.8 21 62 03 11.7 • Ilotcl laws 67 5.3 78.4 5.0 75.6 0.2 48 •Restaoev 110t, 413 233 612 243 63.1 1.0 4.2 •cigarette Taws 11.1 64 577 47 48.6 1.7 353 Hunan Services(hmgc, 26.5 14.6 551 134 51.9 1.2 07 Other Marge for Services 17.7 9.9 56.1 9.1 48.1 0.8 92 Other lo/118 'oes 45.1 203 UA 19.7 43.9 0.8 39 Cor.onaeahh-Mainenance ofRoets QD 24.0 SID DS 49.0 03 2D Co®eweahh Hoven Services Rektr 311 161 511 (73 38.0 112) (6.8) •Coamnnwuhh 01hm Sute Rerevues 23.1 (2.4 333 12D 521 0.4 3.1 •Fedrel Revenues (9B 10.6 AA 11.1 56.8 (0.6) (3'_) •Tomb"6om01hen Fund.•OF pertlem Dal, 175 7.6 OA 71 301 0.4 5.7 S 14659 S 4823 413% 54662 t41%-LILL �t Neve:1Y17%I,Insect 11 Budget,wa11.1Yle 1,wua a1.Maa1. Year-to-Date Expenditures are at 58.9%of Budget: FY17 YTD General Fund Expenditures Compared to Historic Trend at Januar 31, 2017 100% r .. 190.0%-.-- YTDACTUAL=5659.5M 93.1 o ANNUAL BUDGET=91,1 19.9M 84.- 60% - 76.3 p 66.6 14 W60% /' 53.1�/ 8.9% 45.1/,./ 51.0% m40% r 6' 37.0 / 43.4% _ a 28. 35.4% 20% 20.7% 26.3% _ .5% 16.9% 11.9% 0% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun •Expenditure Trend - -%of FY17 Exp Budget February 21, 2017 40 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66783 (Continued) Comparison of FY17 and FY16 GF Expenditures January 31, 2017 FY2017YID FY20161ID VARIAN(1.2i Budget Actual Variance Actual Actual Salaries $ 280.4 $ 154.5 $ 125.9 $ 151.7 S 2.K I i Fringe Benefits 97.4 52.5 44.9 55.0 (2.5) (4.5) Operating Evenses 169.7 121.1 48.6 112.3 8.8 7.8 Capital Outlay 9.1 7.9 1.2 6.4 1.5 23.4 Leases 4.4 3.1 1.3 3.1 - - Debt Service 50.5 25.6 24.9 19.1 6.5 34.0 Transfers to Schools 432.0 248.8 183.2 239.8 9.0 3.8 Transfers to Capital Projects 282 17.6 10.6 21.0 (3.4) (16.2) Transfers to Sheriff Department 23.2 13.5 9.7 12.0 1.5 12.5 Transfer to Waste Management 10.1 5.9 4.2 2.7 3.2 118.5 Transfers to Other Areas 13.7 8.9 4.8 8.1 0.8 9.9 Reserve forContmgencies 1.2 - I.2 - - -WILL c6= - -1--A31.2 -1-ILL. I.5 Percent of Budget 58.97. Tr Below are the next steps: Next Steps MIN V: .rr : March 21, 2017 ; Proposed Bus March 28, 2017 May 9, 2017 Mayor Sessoms thanked Mrs. Phillips and her entire Team for their continued hard work. February 21, 2017 41 CITY COUNCIL COMMENTS ITEM#66784 4:18 P.M. Councilman Dyer requested the City Manager begin moving forward in issuing an RFP for a Disparity Study. He provided a copy of the City Manager's letter dated February 17, 2017, that is made a part of these proceedings. City Manager Hansen advised the RFP is prepared and can go to advertisement immediately following City Council's direction. Council Lady Wilson asked if the City was going to ask Mr. Smith to comply with his offer to pay for a portion of the Disparity Study. City Manager Hansen recommended the City Council move forward with the RFP, considering the costs and the City pay for the first phase. Councilman Dyer feels by allowing the "phased approach"it allows for deliberation. Vice Mayor Jones likes the phased approach in order to assess the quality of work as it comes in. Councilman Uhrin asked if anyone was aware why the City of Portsmouth stopped their Disparity Study. City Manager advised it was due to expense, lack of progress and they have been in communication with the City's Procurement Team to get copies of our current programs and initiatives that have been far more successful. Councilman Wood advised he supports this "phased approach" and appreciates the work Council Lady Kane and Councilman Dyer have put into this to-date. Council Lady Kane advised the City has heard a lot from the African American Community; however, we have not heard a lot from other Minority communities within the City. She and Councilman Dyer have committed to holding a series of meetings with the Minority communities throughout the City so everyone's voice is heard. Council Lady Kane provided a copy of a January 2016 article from BLACKENTERPRISE.COM showing the City is ranked 6 of the top ten cities for cities for black-owned small businesses. She feels this shows the City is doing a lot of things right. Councilman Dyer hopes that the some part of the Study will include "all businesses". This will also allow us to determine if the 10% is an aspiration goal or if there is another figure the City should consider. Councilman Moss asked if this is structured such that each deliverable is severable; meaning, someone can get Phase 1 but not Phase 2. February 21, 2017 42 CITY COUNCIL COMMENTS ITEM#66784 (Continued) City Manager Hansen advised it is one RFP with three task orders; bid each task order and all the scope is included for each of the task orders and only one bidder will be awarded the entire RFP with all of the task orders. Councilman Moss asked if, at the end of Task Order 1, which he assumes is the data piece, and the City is not happy with the quality, then the City is not obligated to exercise Task 2 and 3 for the winner of the bid. City Manager Hansen confirmed that is correct. Mayor Sessoms advised the article Council Lady Kane mentioned was sent to him by an African American business owner in the City who wanted to make it clear to him they did not necessarily know if they wanted a Disparity Study or not but felt it is important to disburse this article. Mayor Sessoms expressed his appreciation to the City Staff and advised he has a tremendous amount of confidence in Taylor Adams. Unfortunately, the perception is the City is not doing enough and he is accepting the City must do more. Mayor Sessoms wants to make it clear he supports a `full Disparity Study" so whatever the end result is, it is; however, he does not object to it being completed in phases. Councilman Dyer requested the City Council instruct the City Manager to move forward with the solicitation of the RFP. Councilman Davenport asked if there are any extra costs to conducting the Study in phases. Councilman Dyer advised the Study could take a year or two to be significantly complete and this being conducted in phases will allow the City to take corrective action concurrently, if necessary,. Councilman Wood agrees that it is not to get the Disparity Study done but to get the results and correct any inequities, if any, within the system. If the City can treat people better before the entire Study is complete, then the City should do just that. Councilman Davenport asked for confirmation that this will be a full Disparity Study and will not stop at any phase until fully complete. City Council provided direction to the City Manager to move forward with solicitation of the RFP. February 21, 2017 G1NIA'BFAc 40- City Vir inti i 11E1eac1-i Op OUR NA110. VBgov.com OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)385-4242 BUILDING 1,ROOM 234 FAX(757)427-5626 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VIRGINIA 23456-9001 February 17, 2017 The Honorable William D. Sessoms, Jr. Members of City Council Dear Council Members: RE: Disparity Study The discussion at this week's City Council workshop made it clear that support for a disparity study is growing. I have asked staff to add the third task to the draft Request for Proposals (RFP) for The Study of Economic Disparity in City Contracting. The process we have established for conducting the disparity study is broken into three phases. We believe this puts the City on a measured process of discovery which contains all the work needed to expose and remedy any disparity in City procurement. While these phases add up to a complete disparity study, unfortunately, our original recommendation only included the first two phases creating the perception that this approach amounted to a "partial disparity study." We have remedied that by refining the RFP specifications to include all three phases included in other disparity studies in the region and among municipalities similar in size to the City of Virginia Beach. Our RFP is organized with three separate task orders, and collectively the three tasks align with the other disparity studies. The RFP will allow the City and the public to see the total cost of a disparity study and is evidence of staffs commitment to transparency and accountability. After the solicitation is complete, the successful firm will return to Council and report their findings on each task before being authorized to proceed with subsequent tasks. This model commits the Council to the first task. More importantly, it allows the Council the ability to establish funding for the follow-on tasks as we progress. There has been conversation in the community regarding the expense associated with a full study. To better clarify these costs, we compiled a list which provides actual costs reported by other public entities that have conducted disparity studies. We obtained the expenditures another locality in the region spent on a disparity study. This entity spent $131,930 on its study, and then contracted directly with a sub-consultant to the firm that The Honorable William D. Sessoms, Jr. City Council Members February 17, 2017 Page 2 conducted the study and spent $676,682 for compliance and monitoring between study completion and the end of FY16. All told the entity spent $808,612 on a study and subsequent monitoring. The cost of other disparity studies is provided as follows: Report City Cost Date Austin, TX $ 1,000,000 2016 Cincinnati, OH $ 1,000,000 2015 Cleveland, OH $ 758,000 2013 Houston, TX $750K - $1.2M 2012 Philadelphia, PA $ 1,000,000 2003 Shelby County, TN $ 310,000 2016 Tampa, FL $ 221,000 2006 Report Agencies Cost Date Caltrans $ 1,000,000 2012 Northeast OH Regional Sewer $ 672,660 2010 SANDAG $ 420,000 2014 San Francisco MTA $ 450,000 2015 We are prepared to post, by advertisement, the draft RFP with all three phases. We await your direction to proceed. ' -sp- L e►,�/ , _ Davis . ansen City Manager DLH:pam 'X wa ! • l`II. Small Biz • 1..' the Georgia Institute of Technology,she has ability to build a great team.You have to prior experience woridngwith companies choose wisely."So,she set about on the I i, such as GE,Delphi, I .j. 1 ,and path to find someone who mold build the An • experienced sales and marketing Aers JUST dor EMUvisualization software needed. professional,Burks has been responsible - Partpic targets industrial suppliers and for building a solid team,goal setting, `:° ,. ` . distributors,as well as other manufactur- execution,and fundraising at Partpic ers,distributors,and retailers that use since its founding in 2013.Previously she = v' : contextual search to find products on ''':; worked in Enterprise Sales aand � t Google their websites or mobile applications. �, in Sales Management at McMaster-Cart = - Its fees are derived from licensing of its a i . Partpicwas born outof necessity Tran .801iN OUT OF NECESSITI; i ,,rsolution on a pay/search basis,' accord- s - sitioning from Google to McMaster-Cart a PARIPIC RAISED$1314 iN SEED MONEY. £ ing to company material.Partpic,which 100 plus year-old industrial and commer has five full-time employees,generated :� s dal parts supplier Burks recognized there were manyproblems in $200,000 in revenue its firstyear • ` of operation,reports business ' the parts distribution process.She dealt with the calls from frustrated researcher firm Buzzfile. ` r • customers who had been sent the wrong part or couldn't identify In addition to leading Partpic,Burks also serves as an Entrepre t ! the part they needed because the product name or number was Haut in-Residence at Google for Diversity Markets.She works to 1 d partially rubbed off.Trine and again;customers asked if they could help underserved business owners attract and engage customers send a photo of the part so the distributor could match it.Then Burks' using Google s business tools. s grandfather a fanner in Alabama,had to delay harvest because a Her advice to other startup founders?'The most important thing • part for his tractor broke and together they had trouble ident •ifying in my journey has been to remember to be faithful and know that and replacing it.That's when she had her"aha!"moment this is going to work out."Also,get validation.Meaning,"Talk to Still,"Ideas area dime a dozen,Its about the abilityto execute on people and make sure they actually want what you are creating:" f.i` j the idea,"notes Burks."Your ability to execute will be tied to your • �`` —Carolyn M.Brown E - m Top 10 Cities for Black -owned ii,11,,iZ Small Businesses - ,k h Dallas;Austin,Texas;and Columbus.Ohio,rate among the 10 friendliest cities in the 1 Austin,TX P U.S.for black-owned small businesses.These findings are from an annual Small Susi- 2 Dallas,TX I' ness Friendliness Survey conducted by the consumer service website Thumbtack in N 3 Columbus,OH =' partnership with the Kaufman Foundation.The surve asked 18,000 small business in owners to rate their local state and city ov rnment licies to F- West Palm Beach, FL .°[. .ward all uslness— . V 5 Richmond, VA A:' I cal tax laws,licensing rules,and regulatory environment. This year,Thumbtack's su ea al responseslrom 1,663 business own- g 6 4rgf ,ra Beach,VA i ars who self-identified as black or African American.Each city was ranked based,on Oa ' Kansas Ctty, MO res onses from these business owners to three questions:1)How friendly is your "i— 8 Nashville,TN :_ , 2)How easy was it of s____ a busrrnessTend 3)Would you encou ars to stast 9 Jacksonville, FL I i • a business in your city?Thumbtack examined those cities where black-owned busi- 10 Raleigh, NC ;° nesses are reporting 1 j_. success..Nine of the top 10 cities are in the South,t tee have black 1 mayii , nd six had mn ousehol in e iacomck e for blafamilies above the national average. urnbtack also ran a`dominance analysis-to see which factors t influ 1 Baltimore, MD 'enc a• e•erceptions black business owners ha oft eir local overnments.The top W I " e 2 ° West Palm Beach, FL three indicators were a�resence o e p i •aining and networking programs,easy to a3 Philadelphia, PA Understand tax regimes,andrarts rig rules that were easy to 5: wary l enfarcgd. U N, v Tt�e survey surmises c c small business owners can benefit from the opportunities Oakland, CA is that come when a city or civic organization offers programs to help them learn how ft 5 Columbus,OH 1 l \ to succeed or meet fellow entrepreneurs. C 6 New York, NY .i= Certain cities were rated more highly by black small-business owners than by Z Virginia,VA r entrepreneurs of other racial identities.These cities,rated 11%-20%better by blacks. W 8 Riverside, CA 3. .. were deemed"friendlier."They included Baltimore: West Palm Beach, Florida,and fr. ChICagO, IL Philadelphia. —C.M.B. 10 Washington, D.C. i= 1 ;j I 16 WWW.BLACKENTERRR15E.COM • DECEMBER 2015/JANUARY2016 43 CITY COUNCIL COMMENTS ITEM#66785 (Continued) Councilman Moss received one feedback regarding establishing the Trust Fund to pay the right-of-way costs and provided an updated version of the Resolution for consideration. Mayor Sessoms advised he respects what Councilman Moss is trying to achieve with the Resolution regarding "Repealing the Light Rail Tax"; however, based on the conversations, he was under the impression the City could take some of the funding and use it for other uses, all the while disclosing it during the Budget Process. Councilman Moss advised he first said the tax that was in place needs to be Repealed for a purpose that no longer exists and he would support, on the merits, reauthorizing the taxes for flood-control and transit. Mayor Sessoms feels that is best suited to be handled during the Budget Process. Councilman Moss feels the difference is the Budget comes forward and these particular items have to make the case so the public can have a chance to have input. He would like a "clean-cut" and is prepared to support a tax increase for flood prevention and for dealing with something that is smart about transit. Council Lady Henley recalls the Vote and, maybe each one of the City Council Members perceived it differently; however, she did not perceive it as a vote for Light Rail. The Resolution was for a "multi- modal transportation fund". She recalls Ms. Whitesell saying if the City does not move forward with Light Rail, the City can look at the other aspects of multi-modal transportation. If the tax is repealed now, it may just go away and this is the discussion that should be taking place regarding "multi-modal transportation",particularly, transit. The conversations began, and everyone still agrees, the City needs better transit opportunities, more frequent and more reliable service. As the Budget process begins, this discussion can take place and the only reason she agreed was it was not limited to Light Rail. February 21, 2017 44 CITY COUNCIL COMMENTS ITEM#66786 (Continued) Council Lady Henley asked if the City could consider moving the Public Hearing scheduled on April 27, 2017, at Bayside High School. Council Lady Henley regularly holds a Forum the Fourth Thursday of each month and will not be able to attend the Public Hearing. February 21, 2017 45 CITY COUNCIL AGENDA REVIEW SESSION ITEM#667 4:53 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 2-151 Office of City Manager terminology re titles of employees to mirror§2-75 b. § 2-319 name change from Mental Health, Mental Retardation and Substance Abuse Division to Behavioral Health and Development Services c. §5-104 re Membership of the Animal Control Unity Advisory Board d. § 36-96 re Operation of taxicabs effective only through the 2016-2017 School year to automatically SUNSET on June 30, 2017 e. ADD§12-27.1 re a Service Charge for Non-Emergency Medical Calls 2. Ordinances to AUTHORIZE Leases of City property: a. Beach N Seafood, LLC re sale of fresh seafood at Virginia Beach Farmer's Market, Suite No. 815 b. Ocean Water LLC re overflow parking for guests, employees and customers of Waterman's Restaurant and Ocean Key Resort at 4th Street and Atlantic Avenue 3. Resolution to APPOINT Jennifer Anne Grundler to the position of Deputy City Clerk II, effective January 5, 2017 4. Ordinance to EXTEND the date for satisfying the conditions on behalf of Amy R. Slagle the closure of one-half of an unimproved, unnamed alley near 829 South Atlantic Avenue DISTRICT 6-BEACH 5. Resolutions to DIRECT: a. City Attorney to draft an Ordinance removing Light Rail taxes and fee increases b. City Manager to segregate revenues for repayment of Norfolk Southern right-of-way acquisition costs 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right- of-way re a trench at 215`Street DISTRICT 6-BEACH 7. Ordinances to ACCEPT and APPROPRIATE: a. $20,180 Grant funding from the Virginia Department of Emergency Management to the Emergency Management b. $9,500 in DONATIONS to Emergency Management 8. Ordinance to TRANSFER $135,500 from the Reserve for Contingencies to the Voter Registration and Elections re the January 10, 2017, Special Election for the 85`h House District COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#la ITEM#1d WILL BE CONSIDERED SEPARATELY COUNCIL LADY KANE WILL ABSTAIN ON ITEM#2b COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#2b COUNCIL LADY WILSON FILED DISCLOSURE FOR ITEM#2b ITEM#5a'b WILL BE CONSIDERED SEPARATELY ALTERNATE VERSION OF ITEM#5b WILL BE CONSIDERED ITEM#7a/b WILL BE CONSIDERED SEPARATELY February 21, 2017 46 AGENDA REVIEW SESSION ITEM#66786 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. VIRGINIA DILL and STEVEN M. LARGENT for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot width at 2644 Seaboard Road DISTRICT 7—PRINCESS ANNE 2. DANIEL W. FENTRESS DISTRICT 7—PRINCESS ANNE a. Variance to Section 4.4 (b) & (d) of the Subdivision Regulations re lot width at 1660 Princess Anne Road b. Conditional Use Permit re Alternative Residential Development 3. STANLEY and EVELYN IGHOLA for a Conditional Use Permit re Family Day-Care at 1617 Wicomico Lane DISTRICT 1—CENTERVILLE 4. WAYNE and KIMBERLY JOHNSON for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 1951 Clifton Road DISTRICT 7—PRINCESS ANNE 5. HAC PROPERTIES II,LLC for a Conditional Use Permit re Assembly Use for weddings and similar events at 2041 and 2033 Indian River Road DISTRICT 7 — PRINCESS ANNE 6. FUSION CYCLES, INC., dba FUSION CYLES and MSF HOLDINGS, LLC for a Conditional Use Permit re Small Engine Repair for motorcycles and mopeds at 6353 Indian River Road DISTRICT 1—CENTERVILLE 7. RHETT A. REBOLD for VIBRANT BREWING COMPANY and WONG FOON YUEN & WONG BIK YOK for a Conditional Use Permit re a Craft Brewery and Open Air Market for food trucks at 4001 Shore Drive DISTRICT 4—BAYSIDE 8. HOGS TOOTH PRECISION, LLC and FRANZ LEEK for a Conditional Use Permit Firearm Sales at 1247 Princess Anne Road (Deferred January 17, 2017) DISTRICT 7— PRINCESS ANNE 9. MCQ BUILDERS, LLC and ANNIE JONES, JAMES C. and CATHERINE HARRIS, HOLLIS ROAD ASSOCIATES, LLC for a Conditional Change of Zoning from R-10 Residential to Conditional PD-H2 (A-12 Apartment) at 4732, 4712, 4708 and 4704 Indian River Rd(Deferred December 6, 2016)DISTRICT 1—CENTERVILLE MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#9 COUNCIL LADY HENLEY and COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#9 February 21, 2017 47 ITEM#66787 Mayor William D. Sessoms, Jr., 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 LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Dr.Allen L.Bergano et al. v. City of Virginia Beach, et al PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees February 21, 2017 48 ITEM#66787 (Continued) Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 4:59 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin stepped out (Break 4:59 P.M. - 5:09 P.M.) (Closed Session 5:09 P.M. - 5:59 P.M.) February 21, 2017 49 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 21, 2017 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, February 21, 2017, at 6:00 P.M Council Members Present: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Archie Callahan Pastor—Bridge Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest.Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. February 21, 2017 50 Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones'letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. Mayor Sessoms recognized and welcomed Boy Scout Troop 79—sponsored by Fort Story and Scout Troop 408. February 21, 2017 51 Item—VI-E CERTIFICATION ITEM#66788 Upon motion by Councilman Dyer, 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: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 o1N�BEac 'Po r Oup :0 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#66787 Page 48 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. Ruth Hodges Fraser, MMC City Clerk February 21, 2017 52 Item-VI-F MINUTES ITEM#66789 Upon motion by Council Lady Wilson, seconded by Councilman Moss, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 7,2017. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 53 ADOPT AGENDA FOR FORMAL SESSION ITEM#66790 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 21, 2017 54 Item - VI-H.1 MAYOR'S PRESENTATION ITEM#66791 RESOLUTION—In Recognition Anthony "Tony"Cooke, Firefighter Mayor Sessoms presented a RESOLUTION and a City Flag— in Recognition to Mrs. Rosita Cooke, the Widow of Anthony "Tony"Cooke, who was the first African American to become a "Career Firefighter" for the City. Tony Cooke retired from the Virginia Beach Fire Department in 2001 after serving with distinction for twenty-five (25) years and will be remembered by his brothers and sisters in the Department as a dedicated public servant, a gentleman and a loving husband to his devoted wife, Rosita Marshall Cooke. February 21, 2017 0N1A'BEgc c sSyrs _ ferr RESOLUTION WHEREAS, Anthony "Tony" Cooke was the first African American to become a "Career Firefighter"for the City Of Virginia Beach; WHEREAS, Tony Cooke passed away peacefully December 27, 2016 and will be missed by all who knew him. He was a Virginia Beach native, and an Army Veteran of the Viet Nam War; WHEREAS, Tony Cooke was a prominent figure and member of Virginia Beach's Seatack Community where he served as a Volunteer Firefighter for the Seatack Volunteer Fire Department which was an independent, all-black station established in 1948. Tony joined the Virginia Beach Fire Department in 1976 as the City's "First Black Firefighter". WHEREAS, He occasionally encountered residents who would not allow him to enter their homes after they had called for help. He dealt with racism with the same grace and professionalism that he met all of life's challenges inspiring other African Americans considering a career in Virginia Beach's Fire Service to pursue their dream; WHEREAS, Tony Cooke received the Medal of Honor in 1987,just ten years after he joined VBFD,for saving the lives of four children trapped in a burning apartment. He carried a child under each arm while leading the other two children out as they clung to his coat. Afterward Tony said, "I was just determined to go in and find them.";and, WHEREAS, Tony Cooke retired from the Virginia Beach Fire Department in 2001 after serving with distinction for twenty-five years and will be remembered by his brothers and sisters in the Department as a dedicated public servant, a gentleman and a loving husband to his devoted wife,Rosita Marshall Cooke. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to pay tribute to TONY COOKE and his beloved family with a copy of this Resolution spread upon the Minutes of this Formal Session of the Virginia Beach City Council this 21st day of February, Two Thousand Seventeen. Council'Lai essicaB..A66ott Council- • Ben Da enport .un• ,•n".6 .'Bo6"(Dyer Coun ' y Barham Cou [Lady S6•nnon Kane 1•u� ofin D.Moss Gil ncilman John E.Vhtin Counci1Lady km e Wilson ` Coun. 'a. L Wood' Alb . I i not i _ i e Mayor Louis"ft ones Mayor'Wittiam D."WO Jr. 55 ADD ON SPEAKER POLICY-REMINDER ITEM#66792 Mayor Sessoms reiterated the City Council Speaker Policy allows certain representatives of groups to speak for ten (10) minutes applies ONLY to Planning Items. The items where a Public Hearing is required by State Law. As to all other items on the Agenda, each speaker, whether speaking individually or on behalf of a group, will have three (3) minutes to speak. February 21, 2017 56 Item- VI-Lla/b PUBLIC HEARING ITEM#66792 Mayor William D. Sessoms,Jr., DECLARED A PUBLIC HEARING: LEASES of City Property: a. Beach N Seafood LLC at Virginia Beach Farmers Market, Suite 815 b. Ocean Water LLC at 4"'Street and Atlantic Avenue There being no speakers,Mayor Sessoms CLOSED THE PUBLIC HEARING February 21, 2017 57 ADD ON ITEM#66793 Upon motion by Councilman Davenport, seconded by Councilman Moss, City Council SEPARATED ITEMS#5a and b on the Agenda. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 58 Item - VI-J ORDINANCES/RESOLUTIONS ITEM#66794 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT:Agenda Items la (MOSS VERBAL NAY)/b/c/e, 2a, 2b(KANE ABSTAIN/MOSS VERBAL NAV, 3, 4, 6and 8 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None ** Wallace Goodwin objected to the Consent Agenda as he wanted to speak on multiple items. February 21, 2017 59 Item -VI-J.la ORDINANCES/RESOLUTIONS ITEM#66795 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: a. §2-151 Office of City Manager terminology re titles of employees to mirror§2-75 Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None February 21, 2017 1 AN ORDINANCE TO AMEND SECTION 2-151 2 OF THE CITY CODE PERTAINING TO THE 3 OFFICE OF THE CITY MANAGER 4 5 SECTION ADDED: § 2-151 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-151 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 2-151. - Office of the city manager. 14 15 There shall be in the office of the city manager four deputy city managers a chief 17 assistants to the city manager, and support staff, whose duties shall be such as may 18 be prescribed by the city manager. 19 20 The deputy city managers chief of staff, chief operating officer, chief information 21 officcr, chief financial officcr and assistants to the city manager shall be appointed by 22 the city manager and may be removed by the city manager at any time. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21st day of February , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ___ _ , /A-4' .A. oid____ Human Resources City A)torney's Office CA13672 R-2 January 4, 2017 60 Item -VI-J.lb ORDINANCES/RESOLUTIONS ITEM#66796 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: b. §2-319 name change from Mental Health, Mental Retardation and Substance Abuse Division to Behavioral Health and Development Services Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 1 AN ORDINANCE TO AMEND SECTION 2-319 2 OF THE CITY CODE TO CHANGE THE 3 NAME OF THE MENTAL HEALTH, MENTAL 4 RETARDATION AND SUBSTANCE ABUSE 5 DIVISION TO BEHAVIORAL HEALTH AND 6 DEVELOPMENTAL SERVICES 7 8 SECTION AMENDED: § 2-319 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 2-319 of the Code of the City of Virginia Beach, Virginia, is hereby 14 amended and ordained to read as follows: 15 16 Sec. 2-319. - Establishment and responsibilities of division of menta health 17 -- - - . - - . . _ - • 2 . . - - 2 - - • ' - - Behavioral Health and 18 Developmental Services. 19 20 There is hereby established, within the department of human services, the 21 division of ---- _ --_ -, ---- - - - _. _ - 'e . _ . - . _. - --.• - Behavioral 22 Health and Developmental Services, which shall consist of such officers and employees 23 as may be provided by ordinance or by orders or directives consistent therewith. This 24 division shall be responsible for the exercise of all mental behavioral health, mental 25 retardation developmental and substance abuse services functions imposed on 26 municipalities by general law and provide such services in coordination with the advice 27 from the community services board. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21 s t day of February , 2017. 71 AV OVEI AS TO Cr, . TE f: APPROVED AS TO LEGAL SUFFICIENCY: . of4ezdi , ' . ,ii/Arld A : / / ) . jf Q //AA -Al - i ;1.V r. Department of uman ervices City attorney's Office CA13923 R-1 February 3, 2017 61 Item -VI-J.lc ORDINANCES/RESOLUTIONS ITEM#66797 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: c. §5-104 re Membership of the Animal Control Unity Advisory Board Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 REQUESTED BY COUNCILMEMBERS DYER AND WOOD 1 AN ORDINANCE TO AMEND SECTION 5-104 OF THE CITY 2 CODE PERTAINING TO MEMBERSHIP OF THE ANIMAL 3 CONTROL UNIT ADVISORY BOARD 4 5 SECTION AMENDED: § 5-104 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section § 5-104 of the City Code is hereby amended and reordained, to read 11 as follows: 12 13 Sec. 5-104. - Membership. 14 15 The advisory board shall consist of seven nine (79) voting members and fet-r three 16 (43) nonvoting members, plus two (2) nonvoting city council liaisons. The members shall be 17 appointed by the police department. The seven nine (79) voting members shall consist of: 18 Ttwo (2) Virginia Beach SPCA ("VBSPCA") representatives (whose named—be 19 submitted by the VBSPCA Executive Director):;Ttwo (2) Friends of Virginia Beach Animal 20 Control ("the Friends") representatives (whose names will be submitted by officers of the 21 Friends); two (2) representatives from the external veterinary community(whose names will 22 be submitted by the South Hampton Roads Veterinary Medical Association):;And an two 23 (2) interested citizens who is are not affiliated with any of the above groups, and a 24 representative of the Virginia Beach Health Department. When requested in order to fill a 25 vacancy on the advisory Board, the VBSPCA Director, the officers of the Friends, and the 26 South Hampton Roads Veterinary Medical Association shall each submit a list of at least 27 four(4) nominees for appointment by the police department as the representatives of their 28 respective organizations. Any of the persons nominated must be current members in good 29 standing of the organizations from which they are nominated. The adoption center 30 manager, the animal enforcement unit lieutenant, a representative of the Virginia Beach 31 Health Department, and the adoption center veterinarian shall be the four three (43) 32 nonvoting members and shall be appointed as permanent members of the advisory board. 33 All voting members shall be residents of the City of Virginia Beach and shall be appointed 34 to three-year terms and subject to a term limit of three (3) consecutive three-year terms.Of 35 - *et" ---- , _ . - . - , _ - _ 36 Friends, and the external veterinary community shall be appointed to an initial two year 38 appointed to a three year term. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21st day of February , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i _ _ Pa/AA ames ervera Eliz- th DeJarnette Police Department City A ttorney's Office CA13921 R-1 January 31, 2017 62 Item -VI-J.ld ORDINANCES/RESOLUTIONS ITEM#66798 Judy Swystun, 6304 Sewells Point, President of Hampton Roads Transportation, Inc., spoke in SUPPORT Ms. Swystun advised her company has been taking Homeless children to and from school for several years. Unfortunately, with Hurricane Matthew, a serious number of students were displaced in the City and the company cannot transport fast enough to handle the workload. To her knowledge, there are no other cab companies, other than Black& White Cab Company of Virginia Beach, who qualify to perform the contract. The Federal Government has specific requirements regarding the drivers, insurance and vehicles themselves. The request is to extend the contract so the students can continue being served Gay Thomas, Virginia Beach City Public Schools, spoke in SUPPORT Ms. Thomas advised the contract comes under her direction with the Schools and there are approximately 791 students in the City that are determined to be Homeless. The Federal Law requires the Schools continue transportation of displaced students back to their school of origin. The Schools have used HRTI as a contractor for 5+years. After Hurricane Matthew, the number of children increased by 75-80 students. Mohiyidine Cheikh, 2420 Virginia Beach Boulevard, spoke in OPPOSITION Mr. Cheikh is the owner of Orange Cab and they have every requirement in place per the contract. Mr. Cheikh feels every company should have the same opportunity and is asking this matter be deferred until further discussion. Lynne Johnston, 372 S. Plaza Trail, spoke in OPPOSITION Ms. Johnston is the owner of All City Cab Company and this request will affect all taxi companies in the city. Ms. Johnston asked this matter be deferred until further discussion and consideration. Norfolk does not allow companies to come in and pick up customers in their City;yet, the City is going to allow Norfolk to do just that. When Norfolk will allow companies to pick up at the airport, then the companies based in the City would be happy to make a trade off Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council DEFERRED, Ordinance to AMEND the City Code: d. §36-96 re Operation of taxicabs effective only through the 2016-2017 School year to automatically SUNSET on June 30, 2017 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 63 Item-VI-J.le ORDINANCES/RESOLUTIONS ITEM#66799 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: e. ADD§12-27.1 re a Service Charge for Non-Emergency Medical Calls Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 1 AN ORDINANCE TO ADD SECTION 12-27.1 2 TO THE CITY CODE PERTAINING TO 3 SERVICE CHARGE FOR NON-EMERGENCY 4 CALLS TO WHICH THE FIRE DEPARTMENT 5 AND/OR DEPARTMENT OF EMERGENCY 6 MEDICAL SERVICES ARE REQUIRED TO 7 RESPOND 8 9 SECTION ADDED: § 12-27.1 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 12-27.1 of the Code of the City of Virginia Beach, Virginia, is hereby 15 added and ordained to read as follows: 16 17 Sec. 12-27.1. - Service charge for non-emergency calls for service to which the 18 Fire Department and/or Department of Emergency Medical Services are required 19 to respond. 20 21 There is hereby established a service charge of one hundred fifty dollars ($150.00) 22 to be paid by each residential owner upon the sixth and any subsequent non- 23 emergency calls to which fire and/or emergency medical service departments are 24 required to respond within a twelve month period. 25 26 There is hereby established a service charge of two hundred fifty dollars ($250.00) 27 to be paid by each business, nursing home, intermediate care facility or any other 28 healthcare entity upon the sixth and any subsequent non-emergency calls to which the 29 fire and/or emergency medical services are required to respond within a twelve month 30 period. 31 32 For the purpose of this code section, a non-emergency call is defined as a call for 33 service that is not related to a fire or life, safety, or medical emergency, as determined 34 by the department or departments responding to the call. 35 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21st day of February , 2017. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Fire Department Departm nt of Emergency Medical Services APPROVED AS TO LEGAL SUFFICIENCY: amu- L2cA A . City torney's Office CA13829 R-3 February 9, 2017 64 Item-VI-.1.2a ORDINANCES/RESOLUTIONS ITEM#66800 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE Lease of City property: a. Beach N Seafood, LLC re sale of fresh seafood at Virginia Beach Farmer's Market, Suite No. 815 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH BEACH N SEAFOOD LLC FOR CITY- 4 OWNED PROPERTY KNOWN AS SUITE NUMBER 5 815, IN THE VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, Beach N Seafood, LLC ("Beach N Seafood") would like to enter into 12 a lease with the City for Suite Number 815 at the Farmers Market, consisting of 13 approximately 720 square feet (the "Premises"); 14 15 WHEREAS, the Premises will be utilized for the sale of various fresh seafood 16 products with the main emphasis on fresh locally caught fish and related items, and for 17 no other purpose; and 18 19 WHEREAS, Beach N Seafood has agreed to make various improvements to the 20 premises in return for a reduced rental rate of $125.00 per month ($1 ,500.00 annual) for 21 the first year. Beginning with the second year, the rental rate will increase to $250.00 22 per month ($3,000.00 annual) with a 5% annual escalation. 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for up to 5 years 28 between Beach N Seafood and the City for the Premises, in accordance with the 29 Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 30 other terms, conditions or modifications as may be acceptable to the City Manager and 31 in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of 34 February , 2017. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM Oa a LU 1 eCit AttorneyPublic Wor /Facilits Management CA13625 R-1 February 9, 2017 SUMMARY OF TERMS LEASE FOR SUITE NUMBER 815 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Beach N Seafood, LLC PREMISES: Suite Number 815, consisting of approximately 720 square feet TERM: Initial Term — March 1 , 2017 — February 29, 2020 Renewal Term 1 — March 1, 2020 — February 28, 2021 Renewal Term 2 — March 1, 2021 — February 28, 2022 RENT: Rent of $125.00 each month totaling a sum of $1,500.00 for the first year. Rent of $250.00 each month totaling a sum of $3,000.00 for the second year. Five percent (5%) annual rent escalation commencing with the third year. Rent shall be abated for the month of March, 2017 allowing tenant time to make improvements. RIGHTS AND RESPONSIBILITIES OF LESSEE: • At Lessee's sole cost and expense, Lessee will replace siding, remove the front porch, side porch and storage area, replace flooring, remediate mold and paint. • Use Premises for the sale of various fresh seafood products with the main emphasis on fresh locally caught fish and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Pay all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market. • Provide electrical access for an additional fee. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. LOCATION MAP / F BIB c.// /:\/ /1\1 R / '°J'p.:o Qma.coowT — �so` oo«, Ruralc.:rr_ / 1,1 sr,r no Trio' / \/ / 11 23 24 25 `e.`10 x 37 / / F I o- /// //11'V. 1 s!11!11.1,7 111:.15,.1131,:1„1013111,.�7I 615144-' 4111=171 , \//\. '' ' 11202111211112.22/4 1.21 R \ • 7 i • 7 t 1 i r ' r Bldg.4 ipellik I! 12 13 a, 111• H 13 113 U 1• 1i q 4� � / n, ,� F �` AP s, `''J — \ /4/ \ \ • l (e a4- .. , ,ri / I \ — , a. / ( m0 El d N 1: I lR— _ � :� FlKteopsir0orist \ Ste. ,, D r l -- T y ' i •d am 0. `.., / /4. V ®,, /4,41,. , , -J \ / \* •``` y " \ 1/ /ter• / '? ? \\'. [ 3640 Dam Neck Road, Suite 815 Virginia Beach, VA 720 sq.ft. Retail Space 65 Item-VI-J.2b ORDINANCES/RESOLUTIONS ITEM#66801 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE Lease of City property: b. Ocean Water LLC re overflow parking for guests, employees and customers of Waterman's Restaurant and Ocean Key Resort at 46 Street and Atlantic Avenue Voting: 9-1 Council Members Voting Aye: Jessica P.Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R.Jones,Mayor William D. Sessoms, Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Abstaining: Shannon DS Kane Council Members Absent: None February 21, 2017 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE (1) 3 YEAR, WITH FOUR (4) ONE-YEAR RENEWAL 4 OPTIONS, WITH OCEAN WATER LLC, FOR CITY- 5 OWNED PROPERTY LOCATED AT 4TH STREET 6 AND ATLANTIC AVENUE 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of two 9 parcels of land consisting of approximately 17,863 sq. ft. (0.41 acre), located at 10 the intersection of 4th Street and Atlantic Avenue (GPIN 2427-22-9617 and 11 2427-22-8656) (collectively, the "Premises"); 12 13 WHEREAS, Ocean Water LLC, a Virginia limited liability company, 14 ("Ocean Water") desires to lease the Premises from the City for a term of one (1) 15 year, with four (4) one-year renewal options; 16 17 WHEREAS, Ocean Water has agreed to pay the City $1 ,738.91 per month 18 ($20,866.93 annually) for the use of the Premises for the initial term, with a three 19 percent (3%) escalation each year thereafter; and 20 21 WHEREAS, the Premises would be utilized as overflow parking for 22 patrons, guests and employees of Waterman's Restaurant and Ocean Key 23 Resort and for no other purpose. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute a lease for the term 29 of one (1) year, with four (4) one-year renewal options, between Ocean Water 30 LLC and the City for the Premises in accordance with the Summary of Terms 31 attached hereto as Exhibit A, and made a part hereof, and such other terms, 32 conditions or modifications as may be acceptable to the City Manager and in a 33 form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 21st 36 day of February , 2017 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: kiithA27(r) Public Works / City Attorney Facilities Management CA13867 R-1 February 9, 2017 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT 4TH STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City"). LESSEE: Ocean Water LLC PREMISES: Approximately 17,863 sq. ft. (0.41 acre) of City-owned property located at the intersection of 4th Street and Atlantic Avenue TERM: March 1, 2017 through February 28, 2018, with four (4) one-year renewal options (the "Term") RENT: $1,738.91 per month ($20,866.93 annually) for the first year and escalated by three percent (3%) each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for overflow parking for guests, customers and employees of Waterman's Restaurant and Ocean Key Resort, and no other purposes. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct business in Virginia, and name the City as additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. TERMINATION: • The City may terminate the Lease for any reason, upon ninety (90) days' written notice. ■ =oy i rill,*_. ___ r 1. A� SIC Ave X4 00:'�� I .' • ti r --_- • NIi ^~~-��y c►t 1 4A ti • l .r il y. .lq• F N ) G1. l0 00 ` N CO N d • Q N , IT N r• ~� 5 O W • O O w Tij O W Z t0 OD a "III'i\ ■. ■ ■ \ 1_..7. (13 • V i ■ o O O Q i5o I IlA M i.fi (I) i CD l L On � " JCN xt _.i_ - —_— _ - = ti . PAC}1F 1' FA tfrl0_ -1_r i ---til t 1 = r - ter 0� D City of Virginia Beach yam y� Op OUR VBgov.com SHANNON DS KANE PHONE: (757)802-3236 COUNCIL LADY-DISTRICT 3-ROSE HALL FAX: (757)385-5669 In Reply Refer to 0059980 skane@vbgov.com February 21, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance authorizing the City Mana&er to execute a lease with Ocean Water LLC for City-owned property located at 4in Street and Atlantic Avenue. 2. Ocean Water LLC is an affiliated entity of VSA Resorts, and Events with Results, LLC provides VSA Resorts with graphic design and social media marketing services. 3. I have a personal interest in Events with Results, LLC, and its principal office address is at 1516 Notley Drive, Virginia Beach, VA. 4. I have chosen to abstain on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, Shannon D.S. Kane Councilmember SDSK/RRI 2401 COURTHOUSE DRIVE,SUITE 281.VIRGINIA BEACH.VA 23452 66 Item -VI-J.3 ORDINANCES/RESOLUTIONS ITEM#66802 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Resolution to APPOINT Jennifer Anne Grundler to the position of Deputy City Clerk II, effective January 5, 2017 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 1 A RESOLUTION APPOINTING JENNIFER ANNE 2 GRUNDLER TO THE POSITION OF DEPUTY CITY 3 CLERK II 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That pursuant to § 2-77 of the City Code, Jennifer Anne Grundler is hereby 9 appointed to the position of Deputy City Clerk II, effective January 5, 2017. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 Stay of February 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _ -. .«..E - 7 ov.;;Ah City Ierk City Attorney's Offi CA13931 R-1 February 8, 2017 67 Item -VI-J.4 ORDINANCES/RESOLUTIONS ITEM#66803 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to EXTEND the date for satisfying the conditions on behalf of Amy R. Slagle the closure of one-half of an unimproved, unnamed alley near 829 South Atlantic Avenue DISTRICT 6 - BEACH Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN 3 THE MATTER OF CLOSING ONE-HALF 4 OF AN UNIMPROVED, UNNAMED ALLEY 5 ADJACENT TO THE REAR OF 829 S. 6 ATLANTIC AVENUE IN CROATAN 7 8 WHEREAS, on March 1, 2016, the Council of the City of Virginia Beach acted 9 upon the application of Amy R. Slagle (the "Applicant"), for the closure of approximately 10 375 Sq. Ft. of an unimproved, unnamed alley adjacent to the rear of her property 11 located at 829 S. Atlantic Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-34360) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 February 28, 2017; and 16 17 WHEREAS, on January 10, 2017, the Applicant requested an extension of time 18 to satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance 24 adopted on March 1, 2016 (ORD-34360), upon application of Amy R. Slagle, is 25 extended to February 28, 2018. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 21st day 28 ofFebruary , 2017. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2426-37-9901 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: LG-CCS GGhc -1 fl City Attorney ' .�ning D-part ent CA13861 \\vbgov.com\DFS 1Wpplications\CityLawProd\cycom32\W pdocs\D012\P016\00060960.DOC R-1 February 3, 2017 c \\.....„....,,,,,...----- r , a a 2 Z O a V 0 . NIt-ev ' t V ti, Q r \ CS (1) ci ci 4. 11:5 \ C t4 68 Item -VI-J.5a ORDINANCES/RESOL UTION ITEM#66804 Reid Greenmun, 2405 Cliff Cutter Drive, spoke in SUPPORT. Mr. Greenmun advised the Citizens did not want to extend Light Rail and would like those taxes Repealed. He often thinks of Light Rail as a "cancer"and when you want to remove a cancer, one must cut the entire cancer off The City continues to advertise Light Rail as a part of the Strategic Growth Areas (SGA)and maybe should do away with the SGAs all together. The City is wonderful due to the mixed-use of Suburban and Urban. He requests the City Council support both of the Resolutions. Dayne Blythe, 2004 Oak Leaf Lane, spoke in SUPPORT. Mr. Blythe feels this will clear the plate from Light Rail and set the stage for a more transparent Budget process this year. Joe Belec, 605 Barberton Drive, spoke in SUPPORT. Mr. Belec wished to clarify one point after reading the newspaper. Councilman Dyer was quoted as saying he would like to Defer this for a little while but Mr. Belec hopes the City Council will consider these Resolutions. These Resolutions will put an end date for taxes, even if it has to be done at this Fiscal Year. This will make the process more transparent and get rid of everything that has to do with Light Rail. Donna Sayegh, 3104 Garland Drive, spoke in SUPPORT. The City is the leader for Regional Government and the City of Portsmouth will be affected should Light Rail be put to rest for good. Dylan Lloyd, 1552 Hummingbird Lane, spoke in SUPPORT Mr. Lloyd advised people move to the City because it is not as hectic as Richmond and Northern Virginia. There have been numerous developments that have not improved the City and he is asking the City Council to support these Resolutions and do right by the Citizens. Jim Yanus, 395 Courtney Arch, spoke in SUPPORT. Mr. Yanus asked the City Council to support the Resolutions. Diana Howard, 1057 Debaca Court, spoke in SUPPORT Ms. Howard advised the Hampton Roads Transportation Planning Organization, Long Range 2040 Plan was approved before the November 8, 2016, Referendum. This document references three (3) Light Rail studies. She asked the City Council representative to remove these studies from this Long Range 2040 Plan. Robert Dean, 1204 Shawn Drive, spoke in SUPPORT The tax increases were taken from disposable incomes from Beach families which is currently hovering around $30-Million. Mr. Dean requested the City pay back the State in full and should give the citizens back the fee. There is no reason for the City to reimburse the State over a period offour(4)years. This is not the City's money; it is the citizens. Marlayne Castelluzo, 5189 Strafford Drive, spoke in SUPPORT Ms. Castelluzo is in total support of Councilman Moss'Resolutions. It is imperative the citizens come forward and tell their "employees" to Repeal the tax. 57%of Citizens voted no in the local Referendum and City Council must abide by that vote. February 21, 2017 69 Item -VI-.1.5a ORDINANCES/RESOLUTION ITEM#66804 (Continued) Councilman Moss MOVED to ADOPT the Resolution to DIRECT: City Attorney to draft an Ordinance removing Light Rail taxes and fee increases. Council Lady Abbott seconded the motion. Councilman Davenport made a SUBSTITUTE MOTION, seconded by Vice Mayor Jones, to DEFER FOR SIXTY DAYS: City Council DEFERRED FOR SIXTY DAYS:Resolution to DIRECT City Attorney to draft an Ordinance removing Light Rail taxes and fee increases. Voting: 8-3 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jessica P.Abbott Robert M. Dyer John D. Moss Council Members Absent: None ** The Main motion was lost to the affirmative action on the Substitute Motion February 21, 2017 70 Item -VI-J.5b ORDINANCES/RESOLUTION ITEM#66805 Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council ADOPTED, the UPDATED VERSION of the Resolution to DIRECT. b. City Manager to segregate revenues for repayment of Norfolk Southern right-of-way acquisition costs. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 UPDATED VERSION REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION DIRECTING THE CITY 2 MANAGER TO SEGREGATE REVENUES FOR 3 REPAYMENT OF NORFOLK SOUTHERN RIGHT 4 OF WAY ACQUISITION COSTS 5 6 WHEREAS, a majority of Virginia Beach voters have demonstratively and 7 explicitly rejected the extension of light rail from Norfolk into Virginia Beach in an 8 advisory referendum on November 8, 2016; and 9 10 WHEREAS, the results of the advisory referendum have been acknowledged and 11 accepted by the Virginia Beach City Council; and 12 13 WHEREAS, by grant agreement, the Commonwealth of Virginia provided twenty 14 million dollars towards the forty million dollars purchase price of the Norfolk-Southern 15 right-of-way ("NSROW"), and such grant agreement conditioned the use of the NSROW 16 for transit; and 17 18 WHEREAS, the results of the November 8, 2016 Light Rail Referendum and City 19 Council's acceptance of same nullified the condition of the prior stated agreement; and 20 21 WHEREAS, the previously stated agreement now nullified requires the City 22 Council to refund to the Commonwealth the twenty million dollars it previously provided; 23 and 24 25 WHEREAS, the Federal Transit Agency ("FTA"), through local federal transit 26 funding recipient, Hampton Roads Transit, contributed five million dollars for the 27 acquisition of the NSROW by the City, and it is prudent to reserve such funds should 28 the FTA seek repayment; and 29 30 WHEREAS, the taxes adopted (1 .8 cents real estate property tax rate, 0.34 cents 31 real estate property tax (formerly dedicated to ARP), 0.22 cents of the meal tax 32 (formerly dedicated to Open Space), and five dollars additional annual vehicle license 33 fee) by City Council to finance light rail have collected net of expenses in excess of 34 twenty-five million dollars; 35 36 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA, THAT: 38 39 1 . The City Manager is directed to transfer existing revenues in the Multi-Modal 40 Transportation Fund collected net of expenses as of 28 February 2017 and 41 deposit future revenues to be collected or due by 30 June 2017 from the 42 sources at the rates previously stated into a single account to be 43 established titled "City Council Norfolk-Southern Right-of-Way Acquisition 44 Refund Account." 45 46 2. The City Manager shall bring forward an ordinance appropriating the fund 47 balance of the Multi-Modal Transportation Fund to the City Council Norfolk- 48 Southern Right-of-Way Acquisition Refund Account to allow the City Council 49 the option of repaying acquisition costs in a lump sum manner. 50 51 3. All disbursements from this account shall be exclusively for the repayment of 52 not to exceed twenty million dollars to the Commonwealth of Virginia and not 53 to exceed five million dollars to the Federal Transit Agency and shall be 54 authorized by ordinance enacted by City Council subject to any required 55 notice or hearing prior to such authorizing disbursement vote. 56 57 4. This resolution does not specify the frequency, the timing, or the amount of 58 disbursements. This resolution only specifies the specific purpose for which 59 disbursements are to be made until all liabilities defined in this resolution are 60 liquidated. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of February , 2017. APPROVED AS TO LEGAL SUFFICIENCY: • Dana H. -yer City Attorney's Office CA13927 R-2 February 20, 2017 71 Item-VI-J.6 ORDINANCES/RESOLUTIONS ITEM#66806 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right-of- way re a trench at 2f'Street DISTRICT 6-BEACH IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right-of-way re a trench at 21' Street (GPIN 2427082182) DISTRICT 6-BEACH The following conditions shall be required: 1. A temporary encroachment into the area as shown on that certain exhibited Plat entitled: "Exhibit A' ENCROACHMENT PLAT SHOWING BIORETENTION INFILTRATION TRENCH LOCATED IN 21sT STREET PROPERTY OF CITY OF VIRGINIA BEACH I.N. 20060330000482930 (PLAT)", dated August 30, 2016, and prepared by Gallup, Surveyors& Engineers, LTD, a copy of which is attached hereto as Exhibit "A"and to which reference is made for a more particular description. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the temporary encroachment from the encroachment area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the temporary encroachment herein authorized terminates upon notice by the City to the Grantee, and within thirty(30)days after the notice is given, the temporary encroachment must be removed from the encroachment area by the Grantee; and the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed the Grantee shall be required to enter into a Maintenance Agreement with the City as a condition of the City's continued approval of the temporary encroachment. 5. It is further expressly understood and agreed the City shall have the right to repair, or remove, the temporary encroachment in the event of an emergency or public necessity or public safety and Grantee shall bear all costs and expenses of such repair and removal. 6. It is further expressly understood and agreed the Grantee shall indemnify, hold harmless and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the temporary encroachment. 7. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 8. It is further expressly understood and agreed the Grantee agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. February 21, 2017 72 Item-VI-J.6 ORDINANCES/RESOLUTIONS ITEM#66806 (Continued) 9. It is further expressly understood and agreed the Grantee agrees that no open cut of the public roadway will be allowed, except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works for final approval. 10. It is further expressly understood and agreed the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the encroachment area(the "Permit"). 11. It is further expressly understood and agreed that prior to issuance of a Right-of-Way/Utility Easement Permit, the Grantee must post a bond or other security, in the amount of two (2) times their Engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 12. It is further expressly understood and agreed the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than Five-Hundred Thousand Dollars ($500,000.00), per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the temporary encroachment. 13. It is further expressly understood and agreed the City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the temporary encroachment; pending such removal, the City may charge the Grantee for the use of the encroachment area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of one-hundred dollars ($100.00) per day for each and, every day that the temporary encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 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 Twenty-first day of February, Two Thousand Seventeen. February 21, 2017 73 Item -VI-J.6 ORDINANCES/RESOLUTIONS ITEM#66806 (Continued) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE AN EXISTING 4 TEMPORARY ENCROACHMENT INTO A PORTION 5 OF CITY RIGHT-OF-WAY KNOWN AS 21ST STREET 6 7 WHEREAS, Atlantic Palisades Condominium Association, Inc. ("Atlantic 8 Palisades"), desires to maintain an existing biorentention infiltration trench within the City's 9 80' right-of-way known as 21st Street adjacent to 2007 21st Street (the "Temporary 10 Encroachment"); and 11 12 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 13 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 14 the City's right-of-way subject to such terms and conditions as Council may prescribe. 15 16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Atlantic Palisades, its assigns 21 and successors in title are authorized to maintain a temporary encroachment for an 22 existing biorentention infiltration trench in the City's 80' right-of-way as shown on the map 23 entitled: "Exhibit A', ENCROACHMENT PLAT SHOWING BIORETENTION INFILTRATION 24 TRENCH LOCATED IN 21ST STREET PROPERTY OF CITY OF VIRGINIA BEACH I.N. 25 20060330000482930 (PLAT),"dated August 30, 2016 and prepared by Gallup Surveyors& 26 Engineers, LTD, a copy of which is attached hereto as Exhibit "A", and on file in the 27 Department of Public Works and to which reference is made for a more particular 28 description; 29 30 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the City 32 of Virginia Beach and Atlantic Palisades (the "Agreement"), an unexecuted copy of which 33 has been presented to the Council in its agenda, and will be recorded among the records 34 of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 35 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized 37 designee is hereby authorized to execute the Agreement; and 38 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 40 such time as Atlantic Palisades and the City Manager or his authorized designee execute 41 the Agreement. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 2lstday of February , 2017. 1 CA-13848 R-1 PREPARED: 02/06/17 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d004\p023\00342097.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ,)4.7 nkolg- PUBLIC WORKS, REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY 2 NOTE: S 1. THIS PLAN WAS PERFORMED Q WITHOUT THE BENEFIT OF ,,o A TITLE REPORT. 07 N cov- 0 O O O 21ST STREET (80' R/W) co N.B. 5, PG. 103) CONCRETE O CURB & GUTTER N i-n in in in in 12 1 DRILL - HOLE(S) 00 00 cc { cyp a N76'09'55"E 190.00' 0 PIN(S) \ BIORETENTION NOW OF FORMERLY Cr INFILTRATION M & S ENTERPRISES, INC. o TRENCH o D.B. 2790, PG. 1559 n O PART OF LOT 14, (O - Po LOTS 16, 18 & 20 LOT 32A M.B. 5, PG. 103 D (1W d � I.N. 2006033000048293O(PLAT) w GPIN: 2427-08-4146 Z , o GPIN: 2427-08-2182 0 n m b F - 2' PUBLIC PEDESTRIAN EASEMENT P Q ;0 INST.# 20060330000482930in in U z �_ 5'X10' PUBLIC UTILITY J EASEMENT Q INS.# 2006330000482930 m 01 l 1 PIN(S) DRILL S76'09'55"W 190.00' HOLE(S) ALLEY (20' R/W) (M.B. 5, PG. 103) •p,LTli 0� G o D I R U TLER a No. ` 38395 ��6 �- EXHIBIT A �.� $,30 \�4, ENCROACHMENT PLAT SHOWING ssioNAL EaG BIORETENTION INFILTRATION TRENCH LOCATED IN 21st STREET PROPERTY OF CITY OF VIRGINIA BEACH I.N. 20060330000482930(PLAT) SCALE: 1 " = 40' DATE: AUGUST 30, 2016 GALLUP f, SURVEYORS & ENGINEERS, LTD. 16-14-2 encr plat 6-23-16.dwg . 323 FIRST COLONIAL ROAD VIRGINIA BEACH. VIRGINIA 23454 \\Servrr\1rawinos\16-14-7.nw r olat 8-21-16.dwo.9/1/201 ' :08.aM 1.4fL In_ (757)428 8132 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 7th day of February , 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ATLANTIC PALISADES CONDOMINIUM ASSOCIATION, INC., ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 32A" as shown in that certain plat entitled: "RESUBDIVISION PLAT OF LOTS 22, 24, 26, 28, 30 & 32, BLOCK 44, PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO (MB 5 P103), VIRGINIA BEACH, VIRGINIA" dated June 13, 2005 prepared by KELLAM GERWITZ, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, as Instrument No. 20060330000482930, and being further designated, known, and described as 2007 21st Street, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to and maintain an existing Bioretention Stormwater Infiltration Trench, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City's 80' right-of-way known as 21st Street the "Encroachment Area"; and GPIN: CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED 2427-08-2182; 2007 21st Street WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "Exhibit A' ENCROACHMENT PLAT SHOWING BIORETENTION INFILTRATION TRENCH LOCATED IN 21ST STREET PROPERTY OF CITY OF VIRGINIA BEACH I.N. 20060330000482930 (PLAT)," dated August 30, 2016 and prepared by Gallup, Surveyors & Engineers, LTD, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall be required to enter into a maintenance agreement with the City as a condition of the City's continued approval of the Temporary Encroachment. It is further expressly understood and agreed that the City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. 3 Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Atlantic Palisades Condominium Associations, Inc., has caused this Agreement to be executed by Jeffery R. Gordon, President of Atlantic Palisades Condominium Association, Inc., with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf, He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Atlantic Palisades Condominium Association Inc. f By: (SEAL) ffery R. Gordon, President STATE OF VIRGINIA CITY/( UMPY OF VIRGINIA BEACH , to-wit: The foregoing instrument was acknowledged before me this 7th day of February , 2017, by Jeffery R. Gordon, President of Atlantic Palisades Condominium Association, Inc. g.-v6(1,6 (SEAL) Notary Pu lic P. Gm - Notary Registration Number: 1 92628g f ,$ t C'1 My Commission Expires: August 31 , 201 8 y �„ Q A44 sk, cic APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM \. ►_ II . T. '_�.. WI 11% / Z. --------x--- SI NATURE DANA R. HARMEYER SENIOR CITY ATTORNEY >>LI.,, 2 DEPARTMENT Z_.S- \--1 7 NOTE: 1. THIS PLAN WAS PERFORMED QS WITHOUT THE BENEFIT OF ,,o A TITLE REPORT. o) 0 0 0 0 21 ST STREET (80' R/W) o N.B. 5, PG. 103) CONCRETE o ;r) r? 12 "IR lc? CURB & GUTTER N DRILL HOLES) - T- -cCi o •• •• oo co, op co co I N76'09'55"E 190.00' °PIN(s) i BIORETENTION NOW OF FORMERLY CC ( INFILTRATION M & S ENTERPRISES, INC. 0 o I TRENCH o D.B. 2790, PG. 1559 0 PART OF LOT 14, � ° � � LOTS 16, 18 & 20 LOT 32A - M.B. 5, PG. 103 Lu ci I.N. 20060330000482930(PLAT) w GPIN: 2427-08-4146 Z in o GRIN: 2427-08-2182 0 LU ai -2' PUBLIC PEDESTRIAN EASEMENT 0 r_7 INS T.# 20060330000482930 U 2 in ro 5'X10' PUBLIC UTILITY J EASEMENT Q INS.# 2006330000482930 D .1 :---i PIN(S) HO DRILL S76'09'55"W 190.00' 0 ALLEY (20' R/W) N.B. 5, PG. 103) 1S �p,LTHOF G PY 0 D I R U TLER o r.7.4. No. • 38395 X16 EXHIBIT A �.� 8,30 , ' ENCROACHMENT PLAT SHOWING SSiONAL 0"c;-\ AG\ BIORETENTION INFILTRATION TRENCH LOCATED IN 21st STREET PROPERTY OF CITY OF VIRGINIA BEACH I.N. 20060330000482930(PLAT) SCALE: 1" = 40' DATE: AUGUST 30, 2016 GALLUP SURVEYORS & ENGINEERS. LTD. 323 FIRST COLONIAL ROAD 16-14-2 encr plat S-23-16.dwg VIRGINIA BEACH, VIRGINIA 23454 IkServprldrawinos116-141 encr plat R-21-16.dwa 9/1/201 .nR em 1 4n_to (757)428-8132 x 0 g z _� c ,� 0 J lion / N W o0 D W N N PRG-"C IcLoolr, N . .._ . I- 00c, OWa N. 0 ,,;, , H2VE20 :241 'r- a < I N N m I �i,\ \\\ Zca "' ZJIL HNO s loc) : 02 ce N\\Q; c----; N :.."---- - ,L , 1 wp g Z' \ r N , \ o, \ a Oltk 0 \ N N i Ux L� 0 00O ` CA21 011 \--Th \ 1 \ \ tNI kl( 0 \ 0:\---b \ t \_ 6 \ \ . \\‘J EA_ \ 1 WO ,.______,---- _.-1 Ae 0 , n\ \ \ \ ___. 1 \----\ i----\\u-----'_, \ \ =', i __\\-, y ' y Iwo__, ‘ \ \ r---\ \ igit-, 23 PVE0 c__\ Or r\ u \ - ------ r------- \ \ \ 1----\, ,-----1 l ` V O 1ip011 \ 1\ \ c \ in 2 ct\--- ------jos\ �_ d O fi 1G PVta N> O pp Yc S $U i" i—i ` C 0 N N a 74 Item-VI-J.7a ORDINANCES/RESOLUTIONS ITEM#66807 Gary McCollum, 3901 Meeting House Road, Phone: 392-7578, spoke in OPPOSITION Mr. McCollum opposes any appropriation until the City takes affirmative action to authorize a full Disparity Study. It was his understanding that the verbal comments made today seem to call for a full Disparity Study but it is unclear if the `phased approach"is a full Disparity Study. Mr. McCollum requests language that once the Study starts, it cannot stop until fully complete. Andrew Jackson, 153 Upperville Road, Phone: 490-9198, spoke in OPPOSITION Mr. Jackson does not understand what the hold-up is on this Disparity Study. Mr.Jackson asked the City to do the right thing. Upon motion by Councilman Moss, seconded by Council Lady Wilson, City Council ADOPTED, Ordinance to ACCEPT and APPROPRIATE: a. $20,180 Grant funding from the Virginia Department of Emergency Management to the Emergency Management Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDING FROM THE VIRGINIA DEPARTMENT 3 OF EMERGENCY MANAGEMENT TO THE FY 2016-17 4 OPERATING BUDGET OF THE OFFICE OF EMERGENCY 5 MANAGEMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $20,180 from the Virginia Department of Emergency Management's FY 11 2016 Emergency Management Performance Grant Program is hereby accepted and 12 appropriated, with estimated federal revenue increased accordingly, to the FY 2016-17 13 Operating Budget of the Office of Emergency Management to undertake work 14 associated with two grants: an active shooter/mass casualty scenario grant and a pet 15 sheltering capacity grant. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of February , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana H: meyer Budget and Management Services City Attorney's Office CA13925 R-2 February 8, 2017 75 Item -VI-J.7b ORDINANCES/RESOLUTIONS ITEM#66808 Upon motion by Councilman Moss, seconded by Council Lady Wilson, City Council ADOPTED, Ordinance to ACCEPT and APPROPRIATE: b. $9,500 in DONATIONS to Emergency Management Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $9,500 2 IN DONATIONS TO THE FY 2016-17 OPERATING 3 BUDGET OF THE OFFICE OF EMERGENCY 4 MANAGEMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That a $9,500 donation from four Wal-Mart stores is hereby accepted and 10 appropriated, with estimated revenues from donations increased accordingly, to the FY 11 2016-17 Operating Budget of the Office of Emergency Management for the purposes of 12 supporting the Virginia Beach Community Emergency Response Team. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of February 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana Harmeyer Budget and Management Services City Attorney's Office CA13924 R-1 February 6, 2017 76 Item -VI-J.8 ORDINANCES/RESOLUTIONS ITEM#66809 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $135,500 from the Reserve for Contingencies to the Voter Registration and Elections re the January 10, 2017, Special Election for the 85th House District Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 1 AN ORDINANCE TO TRANSFER $135,500 FROM THE 2 RESERVE FOR CONTINGENCIES TO THE OFFICE OF 3 VOTER REGISTRATION AND ELECTIONS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $135,500 is hereby transferred from the General Fund Reserve for 9 Contingencies to the Office of Voter Registration and Elections for the purpose of 10 covering the costs associated with the January 10, 2017 Special Election. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of February 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I ) (_.) David Bradley Dana Harmeyer Budget and Management Services City Attorney's Office CA13930 R-1 February 7, 2017 EXHIBIT A BUDGET REQUEST 17010 General Registrar FUNDS REQUESTED 6010 Personnel Services 601211 Overtime $17,000 6011 Other Personal Services 601401 Contracted Manpower $5,000 6030 Contractual Services 603168 Election Officials $37000 200 Election Officials 603401 Printing and Binding $1,000 603407 Other Contractual Services $30,000 6050 Other Charges 605201 Postal Services $10,000 605401 Lease and Rental of Equipment $500 606435 Other Purchases $35,000 Machine technicians ES&S/ PrintElect- Ballot design and proofing Election Day Support Harrison's Moving Ballots Total funds requested $135,500 \fl3virginia Beach 77 Item—VI-K PLANNING ITEM#66810 1. VIRGINIA DILL and STEVEN M. LARGENT VARIANCE 2. DANIEL W. FENTRESS VARIANCE CONDITIONAL USE PERMIT 3. STANLEY and EVELYNIGHOLA CONDITIONAL USE PERMIT 4. WA YNE and KIMBERLY JOHNSON CONDITIONAL USE PERMIT 5.HAC PROPERTIES,LLC CONDITIONAL USE PERMIT 6. FUSION CYCLES, INC. CONDITIONAL USE PERMIT 7. RHETT A. REBOLD CONDITIONAL USE PERMIT 8. HOGS TOOTH PRECISION, LLC CONDITIONAL USE PERMIT 9. MCQ BUILDERS,LLC CONDITIONAL CHANGE OF ZONING MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 COUNCIL LADY WILSON FILED DISCLOSURE FOR ITEM#4 COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#9 COUNCIL LADY HENLEY and COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#9 February 21, 2017 78 Item-VI-K PLANNING ITEM#66811 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Items 1(MAYOR SESSOMS ABSTAIN), 2a/b, 3, 4, 5, 6, 7, 8 and 9(DAVENPORT ABSTAIN/HENLEY and MOSS VOTE VERBAL NAY)of the PLANNING AGENDA Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 79 Item—VI-1L1 PLANNING ITEM#66812 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of VIRGINIA DILL and STEVEN M. LARGENT for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 2644 Seaboard Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VIRGINIA DILL and STEVEN M. LARGENT for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot width at 2644 Seaboard Road (GPIN 2404700955) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The applicant shall be required to submit a Subdivision Plat substantially in accordance with the submitted subdivision exhibit entitled, "PHYSICAL SURVEY OF PARCEL DESIGNATED AS N/F WELLS, AS SHOWN ON "BOUNDARY SURVEY" PROPERTY OF COREEN JOAN FIELD CONSISTING OF PARCEL `A" AND PART OF PARCEL "B", PLAT OF PROPERTY OF LEE EDWARD JOHNSON ESTATE FOR CORINE WELLS" dated July 30, 1998, and prepared by John Sirine &Associates, LTD, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. No building permit shall be issued for the site until the Plat identified in Condition 1 has been approved by the Development Services Center. 3. Prior to obtaining a Building Permit, the site shall obtain approval from the Virginia Beach Health Department for private septic facilities. 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, Twenty-first day of February, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None February 21, 2017 I I IX M / CNA •I. . / 0 ,• /j 41 k\esi w / • • / \44441‘ /it, i S /\., p, , , , 1 / / , A / ... . , / , . / '''',, K/7 / / I / / / "1 / . . I. -- _ cpp.A BE 0 1- �_ ' U 1 City of Viririia Beach 6� i „of O$99tsOFSURN��.6* VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 In Reply Refer to 0059982 FAX(757)385-5699 February 21, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote the application of Virginia Dill and Steven M. Largent for a subdivision variance for property located at 2644 Seaboard Road. 2. The applicants have disclosed that TowneBank is a financial services provider with respect to this proposed transaction. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, wy, < 44....________ William D. Sessoms Mayor WDS/RRI 80 Item—VI-L2 PLANNING ITEM#66813 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED,BY CONSENT, Ordinance upon application of DANIEL W. FENTRESS DISTRICT 7—PRINCESS ANNE a. Variance to Section 4.4 (b) & (d) of the Subdivision Regulations re lot width at 1660 Princess Anne Road b. Conditional Use Permit re Alternative Residential Development BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JANICE P. FUCCI and BIRDNECK ASSOCIATES for a Conditional Use Permit re a Tattoo Parlor at 515 North Birdneck Road(GPIN 2417589126)DISTRICT 6—BEACH The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions, the site shall be subdivided and developed substantially in conformance with the submitted Site Layout entitled "SUBDIVISION OF PARCEL IA INSTRUMENT NUMBER 20160212000120050 PROPERTY OF DANIEL W. FENTRESS,"dated September 22, 2016, and prepared by Warren and Associates, P.C. Land Surveyors. Said Plan has been exhibited to the City Council and is on file with the Planning Department. 2. Legal ingress/egress to Lots IA-1, IA-2, 1A-3 and 1A-4 shall be maintained at all times, through ingress/egress easement(s), no less than twenty (20)feet in width. Said easement(s)shall be depicted and recorded on the final Plat. 3. Per Section 405 (a) (9) of the City Zoning Ordinance (CZO), there shall be only two (2)access points on the existing public road system to the subject sites. 4. A note shall be recorded on the final Plat indicating that Lot IA-1 is not a building site. 5. No residential structures shall be permitted on Lot IA-1. 6. Prior to obtaining a Building Permit, each of the proposed building lots shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. 7. Prior to the construction of any residential dwelling, the existing concrete apron depicted on the Site Layout shall be removed. 8. A fifty (50)foot vegetated Buffer shall be installed and maintained between any residential structure and any abutting Agricultural operation. Said Buffer shall be consistent with the Rural Residential Development Guidelines with the first twenty- five (25)feet being heavily planted with a mixture of grasses and low growing indigenous shrubs and the second twenty-five (25)feet adjacent to the structure planted with a double row of trees with a minimum caliper of one and one half(1 1/2) inches and should be centered no more than thirty(30)feet apart. February 21, 2017 81 Item—VI-K.2 PLANNING ITEM#66813 (Continued) 9. New dwellings on the property shall be designed so as to include architectural treatments typical of the Agrarian character of South Virginia Beach. As noted in the Comprehensive Plan, these treatments include, but are not limited to, large open wrap-around porches, pitched roof lines, detached or side-loading garages. The elevation of each new dwelling shall be submitted for review to the Planning Director and shall be deemed acceptable by the Planning Director prior to the issuance of a Building Permit. 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, Twenty-first day of February, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None February 21, 2017 --,, II f '141C ,.. ._. fr. /1111 14 Il 1.......--- . ,,,,. .1 111 I I a ... •i. I ii. i 4 , / / / 1 -1. • --,c) 1oil hik 2 i I / . I I 4 jl I NI*1007411", — II II I I ..— ^— 11 • 1 Ni 0 0 ... a IPS ex- - t•_.-'.'_j I . I.., E ii .1 t I 11-`411Iii.r6Ii • ii;li ik in At: fze_ 4C air aillit° nc3 0 V 0 r-i . 11 via.1-1 -:1 ICt I ..,0' . '... ....„\\ si ,. .., v- 0 I 0 0 e < die 82 Item—VI-K3 PLANNING ITEM#66814 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED,BY CONSENT: Ordinance upon application of R STANLEY and EVELYN IGHOLA for a Conditional Use Permit re Family Day-Care at 1617 Wicomico Lane DISTRICT 1 — CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of STANLEY and EVELYN IGHOLA for a Conditional Use Permit re Family Day-Care at 1617 Wicomico Lane (GPIN 1465655297)DISTRICT 1—CENTERVILLE The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family Day-Care home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the family Day-Care home at any one(1)time. 5. Any sign identibiing the home occupation shall be non-illuminated, not more than one(1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Oficial's Office for use of the house as a family Day- Care home. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Twenty-first day of February, Two Thousand Seventeen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John, E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 83 Item—VI-K4 PLANNING ITEM#66815 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of WAYNE and KIMBERLY JOHNSON for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 1951 Clifton Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WAYNE and KIMBERLY JOHNSON for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 1951 Clifton Road (GPIN 2307882704) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance(CZO)pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 P.M and 7:00 A.M. 3. No animals shall be released at the subject site or within the neighborhood. 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, Twenty-first day of February, Two Thousand Seventeen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Item—VI-K5 February 21, 2017 i 1.--- r. Si--- i Oil �5 4 i � c.7-''' 04 r r Li (NI1 -01 0 10. see L J \-----. ..... ,:ii.... .,.....,. c,: ,_:.._,:::::2. p Ep '? Crf,r1' 04:..0 <IC r r r' O-1 L._, —,fQ t7 c. 1-2...: .L.-:f._., 04., Ce 577 j# Co lL.-J� 1 1 1117 .+ r'7 N r .k .,- , 9-17 0L____,, e OCV J r_ _ �7 �� ikihhh.II Li IX L Alb, '711:X, .. NN11 1, h, ‘,...' 110 .4111101kNikG L ----N L--_ nt'f' ' LJ ICE T—• a 11% i017 City of Virginia Beach S Op OUR ri `'` td VVBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 In Reply Refer to 0059981 February 21, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Wayne & Kimberly Johnson for a conditional use permit for a home-based wildlife rehabilitation facility at 19512 Clifton Road. 2. The applicants have disclosed that Dixon Hughes Goodman is one of their service providers. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act provides that I may participate in Council's discussion and vote on this application, upon disclosure of this interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Fraser -2- February 21, 2017 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. Wilson RAW/RRI 84 PLANNING ITEM#66816 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of HAC PROPERTIES II, LLC for a Conditional Use Permit re Assembly Use for weddings and similar events at 2041 and 2033 Indian River Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HAC PROPERTIES II, LLC for a Conditional Use Permit re Assembly Use for weddings and similar events at 2041 and 2033 Indian River Road (GPIN 2403926067; 2403927269)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. Events, vehicle parking and food trucks shall be located as depicted on the submitted Site Layout which has been exhibited to the City Council and is on file in the Planning Department. 2. There shall be no more than twenty(20)Assembly Use events per year. The hours of said events shall be limited to between 9:00 A.M. and 11:00 P.M, and shall be limited to one hundred and fifty (150)guests or as otherwise determined by the Fire Marshall. 3. Food trucks shall be permitted to operate as a catering service and permitted to serve attending guests while events are occurring on the property. No food trucks shall be permitted to serve the general public. 4. No outdoor amplified music shall be permitted after 10:00 P.M 5. All parking for the Assembly Use shall be on the property. 6. The Traffic Control Plan and parking management during events shall be as detailed in the "Evaluation and Recommendation" section of this report. There shall be parking attendants provided at each wedding or similar event to manage traffic and parking. Parking attendants will not be allowed to direct traffic within the rights-of- way unless they have received proper training and certification that qualifies for monitoring of traffic within the rights-of-way. 7. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 8. All trash receptacles shall be emptied regularly so as not to overflow. Litter and debris shall not be allowed to accumulate. 9. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 10. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach prior to operation. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the indoor riding ring and any other buildings in conjunction with Assembly Use events, including the issuance of a temporary Certificate of Occupancy as deemed appropriate by the Building Official's Office. February 21, 2017 85 Item—VI-K.5 PLANNING ITEM#66816 (Continued) 11. Subject to Section 221 (k) of the City Zoning Ordinance (CZO), an annual review, based on the date of City Council approval, shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic or overflow parking. 12. Prior to each event, the applicant shall notes the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 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, Twenty-first day of February, Two Thousand Seventeen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 \ , i /3 - d -x: ‘ \\L____' _J--__ ----------------- , CY\ \ \ , ‘‘' __-- Ns. 4 • ' \ '• ' i - • - k Ig \ 1 L--- - \ N , \ ‘ \\\ , k,„\\. ,N:\ k W\\ • \ CI\ kksk 1.-tt\N \ ° ( \ \ ‘ \ \ \ \\‘ \ , • \\ \\ ii ‘\ \ Nt, ‘ ‘ IN \ \ \ \ 86 Item—VI-K6 PLANNING ITEM#66817 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of FUSION CYCLES, INC., dba FUSION CYLES and MSF HOLDINGS, LLC for a Conditional Use Permit re Small Engine Repair for motorcycles and mopeds at 6353 Indian River Road DISTRICT 1—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of FUSION CYCLES, INC., dba FUSION CYLES and MSF HOLDINGS, LLC for a Conditional Use Permit re Small Engine Repair for motorcycles and mopeds at 6353 Indian River Road(GPIN 1456245668)DISTRICT 1—CENTERVILLE The following conditions shall be required: 1. The hours of operation shall be limited to 9:00 A.M. - 7:00 P.M. Monday thru Friday, 10:00 A.M. -4:00 P.M. on Saturday and closed on Sundays. 2. All storage of parts and repair work shall be conducted within the building. No outside repair or storage of parts, tools or fuel shall be permitted. This Ordinance shall be effective in accordance with Section 10711)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Twenty-first day of February, Two Thousand Seventeen. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None February 21, 2017 -..., e / \ ------- ( 0 '----------/-,,--. / ---cli / / -------le,a-; iti= / J r N. f � -'N's. y ./.1 f I eti / r /7 - : ' / / / *Nis ,rr r- 1 ./// /,-/ ci (..7 / ,, lLr /eQ L--_,1 / \ / --'- 1 r / 0 / _.,.,._ --..___44961 411111111V /� 6:-./ / 14 r 1136•,/ 4ktaw9/ / .. .. .1.5-) 0 ev itty / . # L---___:::: 7,„,5 \., . , W 0 / 1 ,,,/ \ ' 0 / 4.-s,;. ' / V /\-N ., / AV / \.. co / N-N/ , /-NN r` r, i f' / i 1 N M i0000.. ,,,,N/ !;_ . ___________, ti3 5 87 Item—VI-K7 PLANNING ITEM#66818 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of RHETT A. REBOLD for VIBRANT BREWING COMPANY and WONG FOON YUEN& WONG BIK YOK for a Conditional Use Permit re a Craft Brewery and Open Air Market for food trucks at 4001 Shore Drive DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RHETT A. REBOLD for VIBRANT BREWING COMPANY and WONG FOON YUEN & WONG BIK YOK for a Conditional Use Permit re a Craft Brewery and Open-Air Market for food trucks at 4001 Shore Drive (GPIN 1479778573) DISTRICT 4—BAYSIDE The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted Site Layout Plan. Said Plan has been exhibited to the City Council and is on file with the Planning Department. 2. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted site renderings. Said renderings have been exhibited to the City Council and are on file with the Planning Department. 3. A Landscape Plan shall be submitted that reflects the plant material listed in the Shore Drive Design Guidelines and placement depicted on the submitted Landscape Exhibit. Said Plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 4. Consistent with the Shore Drive Design Guidelines, the building façade shall be a neutral or earth tone color. No primary color shall be permitted. 5. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 6. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 7. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 8. There shall be no sale or consumption of alcoholic beverages on the premises between Midnight and 10:00 A.M. 9. Live music may be performed only inside the establishment. All doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. 10. The outdoor seating area shall not be enclosed by either a solid or chain-link fence. February 21, 2017 88 Item—VI-K.7 PLANNING ITEM#66818 (Continued) 11. All signage onsite shall meet the requirements of the City Zoning Ordinance (CZO). There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows or on the doors. A separate Sign Permit from the Planning Department shall be required for the installation of any signage. 12. All minimum parking requirements and aisle widths, as specified in Section 203 of the City Zoning Ordinance (CZO), shall be met at all times for any operating uses located on the subject site. 13. Food trucks shall be permitted only in the area depicted on the submitted Site Layout referenced in Condition 1 above. 14. Food trucks shall be prohibited to operate on the site between the hours of 10:00 P.M and 8:00 A.M. 15. The operation of the food trucks shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic or overflow parking. 16. HRSD approval shall be obtained prior to any discharge of sewage. 17. No more than two food trucks shall be permitted to operate on the site at a given time. 18. All food trucks on the site, to the best of their ability, shall operate with RV-style hookups for electrical service, rather than use generators. 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, Twenty-first day of February, Two Thousand Seventeen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood • Council Members Absent: None February 21, 2017 1 y { c.; L 41101' qr- • Si. a ii..,.. c) ....... T 111 T' 110,------:-0--- Li. rt ''' c\-3 ------- ----- -II 3 e / __,..__.__ ........ ......_____. ___ 4 V - Gj C-I\ IX � � t' 40 y t . _ . 011ir, . _' _„. T w tiV.... .... 0 -1 t k..--A. 'i.,A s>, s\---- ,, 5-- ..,t 0 ,,,t..c007t..0.01, L' --1 -, c1:14,...„ . p 0 ; .,_,-,,5 0 . A1,--, c--\ ikik .„ 0 s-1--\,. , , , c,...,,,,l _. t -. . t , oer. , k---- co .,, -c:, , t__:____ \ t, , .......--..... Ea ',,, r . _ \....„, ‘,.... 1 sc._, i , , \______i . _1 \,,si ii..._Aw! 0:.\_i -i--\ cl, IPC 001"•• 0 ckge 13 ___.1 minm.• \0 "° _ i � c.i. 0,acc:\ , sto , 6 , , , „. tiN ....:, i . __.... , 1111 i T I, 15;\ Iii„., \,, 10l 89 Item—VI-K8 PLANNING ITEM#66819 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED,and CONDITIONED,BY CONSENT: Ordinance upon application of HOGS TOOTH PRECISION,LLC and FRANZ LEEK for a Conditional Use Permit for Firearm Sales at 1247 Princess Anne Road (Deferred January 17, 2017)DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HOGS TOOTH PRECISION, LLC and FRANZ LEEK for a Conditional Use Permit for Firearm Sales at 1247 Princess Anne Road (Deferred January 17, 2017) (GPIN 2401725508) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. Any firearm, or firearm parts, kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a Security Assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored, or awaiting transfer, at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identjing the business on the exterior of any building on the property or within the yard of the property. 5. Not more than twenty percent (20%) of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no more than one (1) employee, other than the homeowner, on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference,fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 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, Twenty-first day of February, Two Thousand Seventeen. February 21, 2017 90 Item—VI-K.8 PLANNING ITEM#66819 (Continued) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 1j 1r 1 Q Pei pti ube ,, seal# _______ j -_-_____,. F____ 7 N -i r----------------,,,) CNI... �� \I `-- --_ / \ .' t r-----____-_, C L -----------Th �/ _ _ 7 . 1 tzi ` fr 1 -7 -~� f r/ _ ,4-... €-__ _ __ _ v.1' f 91 Item—VI-K.9 PLANNING ITEM#66820 Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council APPROVED, AS PROFFERED, Ordinance upon application of MCQ BUILDERS, LLC and ANNIE JONES, JAMES C. and CATHERINE HARRIS, HOLLIS ROAD ASSOCIATES, LLC for a Conditional Change of Zoning from R-10 Residential to Conditional PD-H2 (A-12 Apartment) at 4732, 4712, 4708 and 4704 Indian River Road(Deferred December 6, 2016)DISTRICT 1—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MCQ BUILDERS, LLC and ANNIE JONES, JAMES C. and CATHERINE HARRIS, HOLLIS ROAD ASSOCIATES, LLC for a Conditional Change of Zoning from R-10 Residential to Conditional PD-H2 (A-12 Apartment)at 4732, 4712, 4708 and 4704 Indian River Road (Deferred December 6, 2016) (GPINs 1474090407, 1474090287, 1474091138 and 1474092019) DISTRICT 1 —CENTERVILLE The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Twenty-first day of February, Two Thousand Seventeen. Voting: 8-2 Council Members Voting Aye: Jessica P. Abbott, Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley John D. Moss Council Members Abstaining: M. Benjamin Davenport Council Members Absent: None February 21, 2017 '.-- ---- '- ,------ - ',.. --, e,\,,,.--c 111 ...- - - ---i _—___ ( • c. \o---d , c-- \ „..._-.14 * ,4 i /s 0 1 / ‘___,....- , 4WD * , ne it I 1,1 /1" ir,::: L„,,,,, ggl, -4, 111 ; 1 ----, \Cel . J--, /.,,,.) '-' 11 / ----) I. .,) -----, / / ''' , . Ce 4 r R. F.,,, > . . .. 1.-Ni.N; ,t ---t 1 j ,IL - r--/ urn " i ati ' CD I. . . 0\TENI IX 0 vf N _ It s"'",... V" \illinsi Ce • •Ns., 1 1 .,---Ary .--- _-------- s - Ili111111ASI.'b , - Nib .....- ... ---- V" I CL H CITY OF VIRGINIA BEACH / ! , V INTER-OFFICE CORRESPONDENCE OF SUR NpS\o In Reply Refer To Our File No. DF-9715 DATE: February 9, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay WilsAID DEPT: City Attorney RE: Conditional Zoning Application; McQ Builders, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 21, 2017. I have reviewed the subject proffer agreement, dated June 29, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Nancy Bloom ANNIE HARRIS, JAMES C. HARRIS, CATHERINE HARRIS, AND HOLLIS ROAD ASSOCIATES, LLC MCQ BUILDERS LLC-1, a Virginia limited liability company To CITY OF VIRGINIA BEACH A Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT,made this 29th day of June,2016, by and between ANNIE HARRIS, JAMES C. HARRIS, CATHERINE HARRIS, AND HOLLIS ROAD ASSOCIATES, LLC, parties of the first part (the "Grantors"); MCQ BUILDERS LLC-1, a Virginia limited liability company; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(the"Grantee"), with an address of 2405 Courthouse Drive, Municipal Center,Virginia Beach, VA 23456. RECITALS: A. MCQ BUILDERS LLC-1 ("McQ")is the contract purchaser of certain parcels of property located in the City of Virginia Beach, herein known as Exhibit A (the "Property B. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the Property from R-10 to Conditional PDH-2 District with an underlying A-12 District. PREPARED BY: HENRY C. FRENCK, ATTORNEY AT LAW 4356 Bonney Rd. Bldg 2 Suite 102, Virginia Beach VA 23452 GPIN 4: 1474-09-0407-0000, 1474-09-0287-0000, 1474-09-1138-0000, 1474-09-2019-0000 The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). C. Grantee's policy is to provide for the orderly development of land for various purposes,through zoning and other land development legislation. D. Grantor acknowledges 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 recognize the effects of change, and the needs for various types of uses, certain reasonable conditions governing the use of Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise. E. The Grantor has voluntarily proffered in writing,in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 Zoning District with an underlying A-12 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 part of the amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property;provided,however, that such conditions shall continue in the subsequent amendment as part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW, THEREFORE, Grantor,its heirs, successors,assigns, grantees and other successors in title or interest to the Property,voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. The Property shall be used for the purposes and uses permitted in the PDH-2 Zoning District with an underlying A-12 Zoning District. The total number of dwelling units permitted on the Property shall not exceed twenty-nine (29). Each dwelling unit shall contain a minimum of 1,350 square feet of living area, and a single(1) car garage. 2. Grantor shall comply with all reasonable terms and conditions of all City Ordinances related to matters of Public Works, Traffic Engineering, Public Safety, Public Utilities and Storm Water Management. Each unit in the development shall be served by a single and exclusive water service line and meter,and a single and exclusive sewer lateral and cleanout. These service lines shall be supplied via city standard public water and sanitary sewer mains within an appropriately sized public utility easement located along the private roadway. 3. In order to provide for the coordinated development of the Property,the Property shall be developed in substantial conformity with that certain plat entitled "CONCEPTUAL SITE LAYOUT PLAN OF SOUTH INDIAN RIVER ROAD CONDOS",dated 6/10/16,prepared by MSA(the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all teinns and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. 4. The architectural design of the residential buildings will be substantially as depicted on the elevations submitted with the application for rezoning, and have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be a combination of architectural shingles, a combination of horizontal siding and vinyl shakes and/or board and batten, all units will have first floor brick facades, the garage doors will be Carriage style or coastal style and all fascia and soffit will be maintenance free vinyl or metal wrap. 5. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 6. The areas depicted on the Concept Plan which will not be occupied by residential dwellings,patios (fenced or unfenced), drive aisles, and parking areas are open spaces which shall be utilized as such. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. 8. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposted by Grantee as a condition of approvals, including but not limited to final Site Plan approval. 9. All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 10. The Grantor covenants and agrees that (1)the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia,to administer and enforce the foregoing conditions and restrictions specified in the Agreement, including (a)the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suite or proceedings; (2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4)the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK WITNESS the following signatures and seals: (SEAL) Annie Harris (SEAL) James C. Harris (SEAL) Catherine Harris HOLLIS ROAD ASSOCIATES,LLC By z: (SEAL) trioe►c STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Annie Harris,has sworn to, subscribed and acknowledged the same before me in the City and Commonwealth aforesaid this day of , 2016. Notary Public My Commission Expires: Registration No. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that James C. Harris and Catherine Harris, have sworn to, subscribed and acknowledged the same before me in the City and Commonwealth aforesaid this day of , 2016. Notary Public My Commission Expires: Registration No. STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: I, LCOnr) (,J1. 1h\Rr t I , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Michaerhntoner , whose name is signed to the foregoing instrument as jrfnee for Hollis Road Associates, LLC, has sworn to, subscribed and acknowledged the same before me in the City and Commonwealth aforesaid this l t day of C^'4Cri'x( , 2016, on behalf of said limited liability company. y.,a,nurryvb.0.,,s2.0 _ Notary Public My Commission Expires: Jv,n2 1 ao°i Registration No. 1 5OCG oo WITNESS the following signatures and seals: / ' C2.( (.4- SEAL) '4AO: (SEAL) J d es C. Harris w!/, fr/4----MAL) Catherine Harris HOLLIS ROAD ASSOCIATES, LLC By (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a tt • AI ,the undersigned, a Notary Public in and for the City and State aforesaid, do h-reby certify that Annie Harris, has sworn to, subscribed and cknowledged the same before me in the City and Commonwealth aforesaid this i 'day of -, 2016. ,.'(eP ......•• �),tary Pub1i My Commission Expires: '(3( Igo /j/ W 93413 Q, ti . #1 Registration No. (Cj 3� (3 _n _ REG.M „csSeo- 014 Z •, EXp�FE o , - STATE OF VIRGINIA ''., p713A�2p2; CITY OF VIRGINIA BEACH, to-wit: .••••••H o, I 'EA,LT 'n Iso ''''',,,1161,, 0° I, � ( V-1 , l4 r , the undersigned, a Notary Public in and for the City and State aforesaid, doh reby certify that James C. Harris and Catherine Harris, have sworn to, subscribed and acknowledged the same before me in the City and Commonwealth aforesaid this I a '"day of S . , 2016. cNrbral, Notary Pu is My Commission Expires: "31511,,X) _ Registration No '1 413 1i,11 u srourino MI OM fan MSA,P.C. !111►v is i! ■!_nu" 'y! 5033 Rouse Drive,Virginia Beach,VA 23462-3708 E IMOW mA,•%j Office(757)490-9264•Fax(757)490-0634 ■ll=�!!! www.msaonline.com Environmental Sciences• Planning• Surveying• Civil& Environmental Engineering •Landscape Architecture Legal description for Lot 7 (M.B. 88, Pg. 11) GPIN: 1474-09-0407 ALL THAT certain lot, piece or parcel of land with the improvements thereon, lying, situate and being in the City of Virginia Beach,Virginia shown in Map Book 88, Page 11 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Less and except that portion of property conveyed to the City of Virginia Beach, Virginia in Map Book 243 at Page 14 for right-of-way purposes and recorded in the aforesaid Clerk's Office.Being shown as Lot 7 and being referenced for a more particular description on a boundary survey by MSA, P.C., dated November 17, 2015 entitled"Boundary Survey of Lot 7 , Lot 8, Lot 8A& Lot 11B, GPIN: 1474-09-0407, 1474-09-0287, 1474-09-1138 & 1474-09-2019,#4732, #4712, #4708 & 4704 Indian River Road, Virginia Beach, Virginia": Commencing at a point located at the northeast intersection of South Independence Boulevard and Indian River Road, said point being the Point of Commencement; Thence continuing along Indian River Road N 23°53'06" W, a distance of 306.00' to a pin set. Thence N 28°15'20"W, a distance of 3.69' to a pin set. Said pin set being the Point of Beginning; Thence continuing along Indian river Road N 28°15'20" W, a distance of 153.77' to a pin set; Thence S 66°06'55" W, a distance of 13.23' to a pin set; Thence N 23°56'10" W, a distance of 116.21' to a nail set located on the southern right- of-way of Indian River Road; Thence turning and running along Indian River Road N 70°56'35"E, a distance of 310.04' to a pin found; Thence turning and running along the dividing line between Property now or formerly belonging to Indian Pointe at Rose Glen Property Owner's Association (Instrument No. 20070123000104600) GPIN: 1474-09-1569 and Lot 7 (M.B. 88, Pg. 11) GPIN: 1474-09-0407 (the "Subject Property") S 23°56'10"E, 263.12' to a pin set; Thence turning and running along the dividing line between Lot 8 (D.B. 643, Pg. 163) GPIN: 1474-09-0287 and "Subject Property" S 70°04'42" W, a distance of 284.80' to a pin set. Said pin set is the Point of Beginning. Lot 7 contains 79,112 square feet or 1.816 acre. IT BEING a portion of the same property conveyed to Annie Jones Harris from Elisha Harris, Jr., dated June 6,2007, and recorded in the aforesaid Clerk's Office as Instrument No. 20070612000790010. TOGETHER WITH all right, title and interest of the Grantor, if any, in and to any and all easements, rights ofway, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the Property. Veteran Owned Small Business ll�r`®■ii! !nl a ls,i9 MSA,P.C. Milk V111112ILL 1M 5033 Rouse Drive,Virginia Beach,VA 23462-3708 IN • it nt .▪ : Office(757)490-9264• Fax(757)490-0634 IOW=WIN www.msaonline.com Environmental Sciences• Planning• Surveying• Civil&Environmental Engineering•Landscape Architecture Legal Description for Lot 8 (D.B. 643, Pg. 163) GPIN: 1474-09-0287 ALL THAT certain lot, piece or parcel of land with the improvements thereon, lying, situate and being in the City of Virginia Beach,Virginia being described in Deed Book 643 at page 163 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia B each, Virginia. Less and except that portion of property conveyed to the City of Virginia Beach, Virginia in Map Book 243 at Page 9 for right-of-way purposes and recorded in the aforesaid Clerk's Office. Being shown as Lot 8 and being referenced for a more particular description on a boundary survey by MSA, P.C., dated November 17, 2015 entitled"Boundary Survey of Lot 7 , Lot 8, Lot 8A & Lot 11B, GP1N: 1474-09-0407, 1474-09-0287, 1474-09-1138 & 1474-09-2019, #4732, #4712, #4708 & 4704 Indian River Road, Virginia Beach, Virginia": Commencing at a point located at the northeast intersection of South Independence Boulevard and Indian River Road, said point being the Point of Commencement; Thence continuing along Indian River Road N 23°53'06"W, a distance of 159.42' to a pin set. Said point being the Point of Beginning; Thence continuing along Indian river Road N 23°53'06" W, a distance of 146.58' to a pin set; Thence N 28°15'20" W, a distance of 3.69' to a pin set; Thence departing Indian River Road and continuing along the dividing line between Lot 7 (M.B. 88, Pg. 11) GPIN: 1474-09-0407 and Lot 8 (D.B. 643, Pg. 163) GPIN: 1474-09-0287 (the "Subject Property")N 70°04'42" E a distance of 284.80' to a pin set; Thence turning and running along the western right-of-way of Indian River Road-Relocated S 23°56'10"E, a distance of 130.32' to a point; Thence turning and running along the dividing line between Lot 8A (M.B. 8, Pg. 1) GPIN: 1474-09-1138 and"Subject Property" S 66°03'50" W, a distance of 283.96' to a pin set. Said pin set is the Point of Beginning. Lot 8 contains 39,825 square feet or 0.914 acre. IT BEING a portion of the same property conveyed to James C. Harris from Elisha Harris and Cora Elizabeth Harris, dated July 27, 1960, and recorded in the aforesaid Clerk's Office as Deed Book 643 at Page 163. TOGETHER WITH all right, title and interest of the Grantor, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the Property. Veteran Owned Small Business X67®®ii■ MEI I,VET (fl MSA,P.C. ■EIik • MULL' '!it 5033 Rouse Drive,Virginia Beach,VA 23462-3708 ■Ori gt% Office(757)490-9264•Fax(757)490-0634 1111.-- www.msaonline.com pansplint Environmental Sciences•Planning• Surveying• Civil&Environmental Engineering•Landscape Architecture Legal Description for Lot 8A (M.B. 8. Pg. 1) GPIN: 1474-09-1138 ALL THAT certain lot, piece or parcel of land with the improvements thereon, lying, situate and being in the City of Virginia Beach,Virginia shown as "1 Acre" on plat entitled"Plan of Property Situate in Princess Anne Co. Va. Surveyed for Louis & Joseph King", dated March 1927 and recorded in Map Book 8 at Page 1 in the Clerk's Office of the Circuit Court of the City of Virginia Beach. Being described in Deed Book 204 at page 51 and recorded in the aforesaid Clerk's Office. L ess and except that portion of property conveyed to the City of Virginia Beach, Virginia in Map Book 243 at Page 15 for right-of-way purposes. Being shown as Lot 8A and being referenced for a more particular description on a boundary survey by MSA, P.C., dated November 17, 2015 entitled"Boundary Survey of Lot 7 , Lot 8, Lot 8A& Lot 11B, GPIN: 1474-09-0407, 1474-09-0287, 1474-09-1138 & 1474-09-2019, #4732, #4712, #4708 &4704 Indian River Road, Virginia Beach, Virginia": Commencing at a point located at the northeast intersection of South Independence Boulevard and Indian River Road, said point being the Point of Commencement; Thence continuing along Indian River Road N 23°53'06" W, a distance of 84.42' to a pin set. Said point being the Point of Beginning; Thence continuing along Indian river Road N 23°53'06" W, a distance of 75.00' to a pin set; Thence departing Indian River Road and continuing along the dividing line between Lot 8 (D.B. 643, Pg. 163) GPIN: 1474-09-0287 and Lot 8A (M.B. 8, PG. 1) (GPIN: 1474-09-1138) (the "Subject Property")N 66°03'50" E, a distance of 283.96' to a point; Thence turning and running along the western right-of-way of Indian River Road-Relocated S 23°56'10"E, a distance of 75.00' to a pin set; Thence turning and running along the dividing line between Lot 11B (Instrument No. 20050309000365170) GPIN: 1474-09-2019 S 66°03'50" W,a distance of 284.03' to a pin set. Said pin set is the Point of Beginning. Lot 8A contains 21,299 square feet or 0.489 acre. IT BEING a portion of the same property conveyed to James C. Harris and Catherine Harris from Elisha Harris and Cora Elizabeth Harris, dated December 1, 1975, and recorded in the aforesaid Clerk's Office as Deed Book 1531 at Page 642. TOGETHER WITH all right, title and interest of the Grantor, if any, in and to any and all easements, rights ofway, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the Property. eleran Owned Sinai!Business ■IC'1®ii■ ■■ievr,i ls■ MSA,P.C. ■■I�► ; .�■ ■!_1.� i■■ 5033 Rouse Drive,Virginia Beach,VA 23462-3708 ■■�IlNB:y Office(757)490-9264• Fax(757)490-0634 11■■= -SS' BE c� Lr 01 u City of Virginia Beach Z� �zr` Or V9ts 4) cp 0UR NAS1°45 VBgov.com M.BENJAMIN DAVENPORT COUNCILMAN PHONE: (757)425-6611 AT LARGE BDAVENPO©VBGOV.COM In Reply Refer to 0059991 February 21, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: I would like to make the following disclosure: 1. I am making this disclosure regarding City Council's discussion and vote on the application of MCQ Builders,LLC,for a conditional change of zoning for property located at 4732, 4712, 4708 and 4704 Indian River Road. 2. Davenport Management Company has business interests with the applicant with respect to land that is the subject of this application. 3. I have a personal interest in Davenport Management Company,which is located at 1604 Hilltop West Executive Center Suite 305, Virginia Beach, VA 23451. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly,I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. 1604 WEST HILLTOP EXEC CENTER#305,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- February 21, 2017 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, 44,,r _ M. Ben Davenport Councilmember MBD/RRI 92 - ITEM VI-L APPOINTMENTS ITEM#66821 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD OPEN SPACE ADVISORY RESORT ADVISORY COMMISSION SOCIAL SERVICES AD VISOR Y BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WORKFORCE HOUSING ADVISORY BOARD February 21, 2017 93 ITEM VI-L APPOINTMENTS ITEM#66822 Upon NOMINATION by Vice Mayor Jones, City Council REPPOINTED: GEORGE DENICE JULIE SEARCY JOSIE SPRAGUE Three year term 04/01/2017—03/31/2020 CLEAN COMMUNITY COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 94 ITEM VI-L APPOINTMENTS ITEM#66823 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: ROBERT MATTHIAS GINGER PLOEGER Two year term 03/01/2017—02/28/2019 COMMUNITY POLICY and MANAGEMENT TEAM Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 95 ITEM VI-L APPOINTMENTS ITEM#66824 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JENNIFER BROWN ESTES Three year term: 02/21/2017—12/31/2020 HISTORIC PRESERVATION COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 96 ITEM VI-L APPOINTMENTS ITEM#66825 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: RAJEEB ISLAM RONALD TAYLOR JAMES E.PARKE Three year term 04/01/2017—03/31/2020 HUMAN RIGHTS COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 97 ITEM VI-L APPOINTMENTS ITEM#66826 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: A.JKELLY Unexpired term thru 08/31/2019 PARKS and RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 98 ITEM VI-L APPOINTMENTS ITEM#66827 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JAMES E. PARKE Three year term 04/01/2017—03/31/2020 OFFICE OF VOLUNTEER RESOURCES Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 99 ITEM VI-L APPOINTMENTS ITEM#66828 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JOASH SHULMAN Unexpired term thru 08/31/2021 WETLANDS BOARD Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 100 Item -VI-0 ADJOURNMENT ITEM#66829 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:12 P.M. CiNg `m-9-, Aman a Finley-Barnes,MMC Chief Deputy City Clerk Rut odges F aser, MMC William D. Sessoms,Jr. Ci Clerk Mayor City of Virginia Beach Virginia February 21, 2017 100 Item -VI-0 ADJOURNMENT ITEM#66829 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:12 P.M. ("001,1C 1 Amanda Finley-Barnes, MMC Chief Deputy City Clerk uth Hodges Fraser, MMC William D. Se oms,Jr. City Clerk Mayor City of Virginia Beach Virginia February 21, 2017