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12-4-2018 FORMAL SESSION MINUTES 4." ,W4 a 5 <U� � w 'so a� r "�y9rs � �6 04- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 4, 2018 Mayor Robert M. Dyer called to order the CITY MANAGER'S BRIEFINGS, in the City Council Conference Room, Tuesday, December 4, 2018, at 3:30 P.M Council Members Present: Jessica P. Abbott, M Benjamin Davenport, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss Out of Town \JHJ City of Virginia Bech JOHN MOSS PHONE: (757)363-7745 COUNCILMAN-AT-LARGE November 29, 2018 MOSS1OHN@COX.NET HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will not be able to join you Tuesday, December 4th for the City Council Informal and Formal Session. I will be on Navy business which takes me to San Diego with limited access to connectivity. Best regards. Sincerely, 'I )L John D. Moss cc: City Manager Deputy City Managers City Attorney Communications Office City Clerk 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 2 CITY MANAGER'S BRIEFING VB BIO UPDATE ITEM#68687 3:30 P.M. Mayor Dyer welcomed Ronald H. Williams, Jr., Deputy City Manager, Steve Harrison, Business Development and Research Manager—Economic Development and David Couch, Business Development Strategy Coordinator—Economic Development. Mr. Williams expressed his appreciation to City Council for their continued support and turned the brief over to Mr. Couch: VABEACH BlE2 Virginia Beach Biomedical Business Development Initiative Progress Report I Q4 2018 Virginia Beach City Council Ron Williams, David Couch & Steve Harrison VNovember 20, 2018 ECONOMIC BEACH Here is the Agenda: Agenda • VABeachBio Brand 1 • VABeachBio Innovation NIONITIO Park THE VABEACHBIO • Veterans Care Centers INNOVATION • VABeachBio Innovation CHALLENGE IS ON! 7_ Challenge VABEACHBI INNOVATION CNALLENOA • Old Dominion University — • Partnerships • Questions? VABEACHBIC December 4, 2018 3 CITY MANAGER'S BRIEFING VB BIO UPDATE ITEM#68687 (Continued) Here are the three(3) initiatives of VABeachBio: VABEACH BIO A WAVE OF INNOVATION % � _ VABEACHBIO: VABEACHBIOO VABEACHBI9 INNOVATION PARK ACCELERATOR INNOVATION CHALLENGE w..,«eh Rp.wPad w+M�A+mr Powered WTa.ci�+rlurAaw.rbcwm.m+m VABEACHBIJ The VABeachBio Innovation Park is 155 acres and will accommodate 1-Million square foot of developable space: VABeachBio Innovation Park ,• Ad 4 , . a% `` `' 155 ACRES 1,000,000+ .. . � N" _„ quare-loot 114' in Princess acheio � Anne Common. �, - z opo. •s!i/ `�` t :k • _.....—, . 7 ...i,%-- , '' JAI-sh, December 4, 2018 4 CITY MANAGER'S BRIEFING VB BIO UPDATE ITEM#68687 (Continued) Here is an overview of Phase I with the construction award set in January 2019: VABeachBio Innovation Park • Infrastructure "ate • First phase road segment and A . accompanying 471 infrastructure 6` ;•, • (1,200 feet) . . :g'i 1. • Design complete • Construction bid: �??' 1 •. • December 2018 , '. .�_ €� • Construction Award: � �` �� c= �; • January 2019 ,..• , • Total Cost. • $3,709,000 ',� Kimley>4forn ai `^ h{ 47 - Here is a conceptual rendering of the first building for the VABeachBio Innovation Park designed to be 60,000 square feet: VABeachBio Innovation Park • First Building in the Park(Conceptual Rendering) i VABEACH. c' .► Iyl DI A • VABEACHBIB December 4, 2018 5 CITY MANAGER'S BRIEFING VB BIO UPDATE ITEM#68687 (Continued) Here is an overview of the Development Authority's Agreement for the building: VABeachBio Innovation Park • Development Agreement with Olympia Development • Finalizing term sheet for first building • Land sale of approximately 4 acres • 60,000 square foot building • Development Authority will master lease 30,000 square feet • 20,000 square feet will be used for VABeachBio Accelerator • VABeachBio Accelerator • Shared lab equipment leased by the Development Authority • Shared conference room space • Virtual office presence will be made available • Operator RFP will be issued once Development Agreement is complete • Will be made available to graduates of the VABeachBio Innovation Challenge VABEACHP Here is an overview of the Veterans Care Centers with the first to open in May 2019 and the second in 2021: Veterans Care Centers • Jones&Cabacoy Veterans Care Center • Ceremonial groundbreaking in 2017 • $33 million in federal funding secured A • Expanding to 128 beds • Will have 200 Full-Time Employees I a • Opening 2021 t _ • Steven A. Cohen Military Family Clinic • Leased 828 Healthy Way,Suite 110 • Will partner with The Up Center A new rendering of the Jones&Caba.^ • Offering mental health care at no or low-cost Veterans Care Center. • Opening by May 2019 VABEACHBI December 4, 2018 6 CITY MANAGER'S BRIEFING VB BIO UPDATE ITEM#68687 (Continued) The VABeachBio Innovation Challenge involves teams of Veterans who have inventions and business plans to establish companies based on health care: VABeachBio Innovation Challenge 0 What is it?A business plan and start-up challenge featuring inventions focused on veteran related illnesses. �• Challenge Goal: Boost the Virginia Beach ecosystem by launching new startups with knowledge-based jobs. 114 Challenge'Outcome: 20+ Veteran health-focused companies planted in Virginia Beach. VABEACHB" Here are samples of the types of inventions selected for the Challenge: Innovation Challenge: Inventions A sample of inventions selected for the Challenge Disease Area Technology University/Lab i Cardiovascular Disease Injectable microtissues for vascular tissue Columbia University regeneration Diabetes Gene therapy to eliminate obesity Ohio State University Fatty Liver Disease Development of Novel Therapeutics to treat Duke University NASH Mental Health Computer software that reduces known risk Florida State University factors for anxiety and depression Regenerative Medicine Injectable tendon hydrogel: A scaffold for Stanford University tissue regeneration VA. December 4, 2018 7 CITY MANAGER'S BRIEFING VB BIO UPDATE ITEM#68687 (Continued) Here is the Innovation Challenge Status with Phase 3 expected to select the top 25 teams: Innovation Challenge: Status Category Challenge Phase 1 Challenge Phase 2 (Open December 2017) (Open February 2018) Participants 361 participants 96 participants Entries&Teams 101 Teams 55 teams Geographic Diversity 84%from outside region 85%from outside region - Challenge (85 teams) (47 teams) - Phase 3 Ethnic Diversity 54%minority-led 69%minority-led (Open (54 teams) (38 teams) December 2018) Gender Diversity 37%woman-led 33%woman-led (37 teams) (18 teams) Inventions Pursued 83 total 58 total (29 featured&54 third-party) (17 featured&41 third-party) Here are the Innovation Challenge Highlights: Innovation Challenge: Highlights Sample of Team Highlights • Novelus Biotechnology • Pitched at the Texas Life Science Forum,Nov.8th in 'e Houston • Light Switch Bio • Accepted to Forbes 30 Under 30 Summit in Healthcare,Sept.3015 in Boston • Lumas • Incubated at Singularity University,NASA Ames, Summer 2018 • Breathe Better Rosemarie Truman presented the VABeachBio Challenge at a major • Pitched at Chihuahua Innova,Nov.13th in Mexico conference in London in July 2018 • PerSon Clinic • Won Global Forum 2018 Global Innovative Startup Competition,Nov.6th in Copenhagen VABEACHBi. December 4, 2018 8 CITY MANAGER'S BRIEFING VB BIO UPDATE ITEM#68687 (Continued) A short "Team Pitch"video was played: Innovation Challenge: Highlights • Team Pitch Video example: Oncolibertas • S. • •• • • • •• • . •• . ••S �•••' • ••• • • oncolibertss VABEACHBV On October 16`h, the grand opening of the expanded School of Nursing ceremony took place at Old Dominion University with Governor Northam and then, Mayor Jones speaking: Old Dominion University • Grand opening of the expanded -- School of Nursing at the Virginia =- " Beach Higher Education Center et °"" held on Oct. 16th Za Nit tt I • Newly renovated facility also .oma "' includes a new Center for Telehealth Education and Research • Plans to launch a primary-care t �`.. �!' clinic and further expand its -~ • t simulation training facilities Governor at the grandd o,,op ^,ci ,, VABEACHBIC December 4, 2018 9 CITY MANAGER'S BRIEFING VB BIO UPDATE ITEM#68687 (Continued) Here are the Strategic Partnerships: Strategic Partnerships • Virginia Bio • Virginia Beach serves as the premier sponsor • Working on the Advisory Board as well as on issues related to Workforce Development and Agricultural Bio Development • AseBio • Spain's Biotech Association • Signed a MOU to promote each other and send company delegations to explore opportunities to expand Staff • OBN(Oxford Biotech Network) Bio' "Ws"Women attendedVirginia Building Bio" • Network for Oxford-London-Cambridge,the world's leading Summit in Falls Church,VA. biotech hub • Serving as a Corporate sponsor • Visibility at events,chance to promote Virginia Beach VABEACHBIO` VABEACHBIO Questions? VABeachBio Progress Report I Q4 2018 r Virginia Beach City Council VIRGINIA BEACH' ECONOMIC DEVELOPMENT Novernber?0, 2018 Mayor Dyer expressed his appreciation to Mr. Williams, Mr. Harrison and Mr. Couch for the presentation. December 4, 2018 10 CITY MANAGER'S BRIEFING STORMWATER FUNDING REVIEW ITEM#68688 3:45 P.M. Mayor Dyer welcomed Mark Johnson, Director—Public Works. Mr.Johnson expressed his appreciation to City Council for their continued support: Stormwater Funding Information Briefing Mark A.Johnson,P.E.-Director of Public Works December 4,2018 Here are the Discussion Points: Discussion Points • History/Overview of the Stormwater Fund • Stormwater Fee • Debt • Five Year Forecast • 15 Year-$300M Funding Program December 4, 2018 11 CITY MANAGER'S BRIEFING STORMWATER FUNDING REVIEW ITEM#68688 Here is an overview of the Stormwater System: Overview of Stormwater System Stormwater Management System is comprised of manmade and natural features: • 550 miles of roadside&152 off road ditches • 61 canals • 1,110 miles of Stormwater pipe • 43,566 Manholes/Basins • 15 Stormwater Pump Stations • 38 Dams/Spillways • 448 Lakes &Ponds The Stormwater Program revenue is generated through the monthly City Services Bill: Funding the Stormwater Program • Stormwater Enterprise Fund was adopted 12/1/92 and took affect July 1993 • Equivalent Residential Unit(ERU)=1 per residential dwelling=2,269 sq.ft.impervious area • Revenue is received through the monthly City Services Bill • Stormwater Fee Adjustments are available to non-residential customers that implement on-site water quality,flood control,and maintenance improvements December 4, 2018 12 CITY MANAGER'S BRIEFING STORMWATER FUNDING REVIEW ITEM#68688 The Stormwater Fund has five (5)Fee Classifications: Fee Classification Per the City Code,all property is classified into one of the following categories • Residential • Multi-Family • Non-Residential • Undeveloped • Agricultural Below depicts the Percentage of Revenue on the left and the Number of Customers on the right. The number of customers provides 48%of the revenue: Sources of Fees Percentage of Revenue meln-Paeury Number of Customers e 2096n•rlryie„rai 6 Oe% 30.76% aa 17% `t IbnResideeahl Agriattural 3540% muln7 am ry ` 1.05% 630% December 4, 2018 13 CITY MANAGER'S BRIEFING STORMWATER FUNDING REVIEW ITEM#68688 From 1997 to 2011,fees increased one(1)cent per year. Currently, there is a 2.5 cent increase for Stormwater billing scheduled for the next four(4)years: ERU Fee History: Cents per Day per ERU Here is the Revenue Generated with a majority of revenue going to major flood control projects: Revenue Generated Revenue Generated s.` December 4, 2018 14 CITY MANAGER'S BRIEFING STORMWATER FUNDING REVIEW ITEM#68688 Beginning in FY-19, one (1) cent of the Real Estate Tax will go to the Stormwater CIP Program; this will generate approximately$29-Million over the next five (5)years: Storm Water Funding Storm Water Fee:Cents per ERU per Day FY19 FY20 FY21 FY22 FY23 Daily 45.86 48.30 50.80 53.36' 55.86 Rate Monthly $13.93 $14.69 $15.45 $16.21 $16.97 Rate Yearly $167.17 $176.29 $185.42 $194.54 $203.67 Real Estate Tax Dedication 1 cent per$100 Valuation FY19 FY20 FY21 FY22 FY23 $5,586,510 $5,723,653 $5,877,516 $6,034,850 $6,196,077 Agricultural Reserve Program FY19 FY20 FY21 FY22 FY23 $990,000 $990,000 $990,000 $990,000 $990,000 Here is an overview of the Outstanding Stormwater Debt: Outstanding Stormwater Debt Debt Amount Debt Service Year of (includes Payments Maturity principal and (FY20) interest) 2010B Storm $4,503,678 Water Revenue 2036 Refunding Bonds $2,019,777 2010A Storm $24,764,256 2036 Water Revenue Bonds 2015 Storm $29,919,603 $1,359,256 2040 Water Revenue Bonds Total $59,187,537 $3,379,033 December 4, 2018 15 CITY MANAGER'S BRIEFING STORMWATER FUNDING REVIEW ITEM#68688 Here is an overview of the Five Year Forecast Assumptions: Five Year Forecast Assumptions • Rate Increase as per City Code • New FTEs • CIP Pay-Go is funded at the same amount-$8 million per year • The forecast does include new debt service for new debt • The forecast uses the same assumptions used by the Budget Office for the General Fund Five Year Forecast Here is the Five Year Forecast Based on Fee Increases per Code: Five Year Forecast Based on Fee Increases per Code Lina No. 80s17..,on FY2019 F12020 F12021 FY2022 732023 OPERATING FUND Revenues Rate Rwenuea f 12,104,888 f 42,175.008 1 44.495.010 0 48,818,784 3 49,140.408 3 Rale Revalues M1wn Increase 2302.184 2,303.054 2,303,910 2,304.891 3 110,85 nous Reams® 207.507 318,184 378,184 378184 378.184 4 Damian.In 29.873 - - 5 Interest Income 81.306 8 Totl 8e0.nue• i 42,402.12 3 44.915,705 8 47009,888 i 40,511,020 s 51,023009 Revenue Regain/mann 00041449 Expenses F 30.298.184 $ 32,232,376 8 33092,345 $ 2,872,5002 $ 31,821000 • P30a811Meniageinent 3,207.704 3302,162 3070,229 3,002,864 3,740,300 • Gwtaner Sen. - - - 10 Operation and Maintene ce 13,081,483 10140.751 10512.410 10900.700 15,321.241 MspecOans erre Emlmnmendl Spi9t ll 0,152 979,502 1,013000 1,081,009 1,003,311 Response 12 Street Seeping 2.972.784 2072.781 3.038743 3.100051 3.167,62 13 ComWction 9074739.3.8339 1,92,530 1.061070 2.027.500 2.101.337 2.181.212 14 Sur.Water Regulatory Compliance 1.470.138 1,497.140 1.645066 1,509,311 1,867,02 15 Mosquito Control 2.013,710 2115,222 2.492,720 2.577.794 2089761 18 Renee Haan CO Co92 snores 177.0 177,002 182005 1,671 01 17 Reserve nd6encies 101084 181,064 181.084 181.004 b .064 18 Trans*.Otter Funds 3.309,761 3,360,889 3,420.374 5.248,810 5,248,810 19 YOH 2 Pos.na 1000.000 122/000 1.203403 Year 3 Positions 600200 10,000 t 632320 Year 4 P00737. 270.000 275.450 21 Transfer to Capital Funding(PAYGO) 8.000.000 0000.000 4.000.000 8009,050 8.060000 Debt SeMw 23 Existing Debt Ser2ce 8 3,966.645 0 5.215,245 $ 8101,597 $ 4.288,184 8 1.309,420 34 Total Revenue Requirement 8 42.402138 $ 2010,821 5 47,113,942 8 80,101,717 pis 83.128110 35 R•venue•Over(Under)Expenses 0 0 $ (5830134$ 34,716 8 1080.707)8 (1,301,827) December 4, 2018 16 CITY MANAGER'S BRIEFING STORMWATER FUNDING REVIEW ITEM#68688 This chart depicts where the FTE's will be assigned: Positions funded by a Fee Increase FY18 FY20 FY21 FY22 !FY23 Total Surface Water 4 3 3 10 Compliance Engineer III, Engineer III Engineer I,Media Coordinator, Admin Tech Stormwater 3 2 Engineer Group Engineer III Engineer III Flood Projects 2 1 3 Engineer III Construction Inspector III Ops& 4 3 3 2 12 Maintenance Engineer Ms Engineer III Construction Maintenance Inspector III Supervisor MEO Total Positions The next two (2)slides provide an overview of the Flood Control Projects in the FY18-23 CIP: FLOOD CONTROL PROJECTS IN THE FY18-23 CIP BASED ON THE 15-YEAR$300M*FUNDING PROGRAM Estimated Funding in Funding in Funding in Remaining Project Total Project ATI) Years 1-6 Years 7-10 Years 11-15 Balance To --- Cost FY18-23 FY24-27 FY28-32 Complete Windsor $35M $3.8M $163M1 $8.3M $6.4M 0 Woods Princess Anne $66610 $20M $39.5M $6.5M 0 Plaza The Lakes $28M 0 $2M 0 $26M 0 Sherwood $12M0 $361 0 0 $9.061 Lakes Eastern Shore $83.2M $13.1M $35M $11.5M $6M $17.6M Drive Ashville Park $120M0 $9M 0 $3.0M 0 Phase I Ashville Park $11.5M 0 0 0 $3.3M $8.2M Phase Il Central Resort $113.06 $0.3M 00 0 $112.751 Totals $360.7M $172M $85.5M 559.3151 $51.2M $147.5 •N,.�,.:nl,..rar..nhMalm,•�, a�awan.r�maiayti�err„<��„aniysiaM' $196M Flavt('..nirnl i.a,raa�mata 514:6 December 4, 2018 17 CITY MANAGER'S BRIEFING STORMWATER FUNDING REVIEW ITEM#68688 FLOOD CONTROL PROJECTS FUNDING FORECAST BASED ON THE 15-YEAR$30OM*FUNDING PROGRAM Estimated Funding in Funding in Funding in Remaining Project Total Project AID Years 3-6 Years 7-10 Years 11-15 Balance To Cost FY20-23 FY24-27 FY28-32 Complete Windsor 5152.SM 512.751 1 <1 I SM 52 .51 118.751 588.3M Woods Prin.-ess Anne $172.351 $5.151 517.3M 524.4M 515.651 5109.951 Plaza The Lakes 528.7M 52.OM 50.9751 51.5M 524.251 0 -- -_ Sherwood 53.0M $3.051 O 11 0 n Lakes Ea,lern Shore 572.551 517.3M 525.6M 514.6M 56.OM 59.051 Drive Ashville Park 512.0 541IM 510M 11 (I (I Phase 1 Ashville Park 518.9M 00 0 $3.351 515651 Phase 11 a Note:Operation Central Resort 5113.0M 5.0.8M 55.2_5 II 525M 5104 SM &Maintenance Totals $573.2M $49.9M $63.6M 562.151 $70.351 $327.3M and Water Quality IS approximately IIIIIIIIMME 5104M,Flood Control is Canal approximately Management 550.1151 Phase I 505M 51.051 51.0M 0 547 5196MPhax• Here is the Summary: Summary • Complex Stormwater Improvements increased in cost • Additional future funding is needed December 4, 2018 18 CITY MANAGER'S BRIEFING STORMWATER FUNDING REVIEW ITEM#68688 Discussion Mayor Dyer expressed his appreciation to Mr.Johnson for the presentation. December 4, 2018 19 ADD ON CITY COUNCIL BRIEF B-4K HISTORIC KEMPSVILLE PROPOSED ORDINANCE AMENDMENT ITEM#68689 4:20 P.M. Mayor Dyer welcomed Council Member Abbott. Council Member Abbott expressed her appreciation to City Council for their continued support. She advised the goal of the ordinance is to allow more business opportunities in the Kempsville Overlay District and turned the brief over to Kevin Kemp, Zoning Administrator—Planning and Community Development: B-4K HISTORIC KEMPSVILLE PROPOSED ORDINANCE AMENDMENT • - . -711111111114 Sponsored by:Councilwoman Jessica Abbott ,;pratted by:n•sro .e ps.ile Gv r.5dason�mmtte_ -::•� ..... ... Sp1R�ppwt,74rtY1M1I�Aan(kpu[Y'.C4.MAEtpFnex Here is an overview of the prohibited uses within the existing ordinance: EXISTING ORDINANCE Uses currently prohibited in the B-4K: 5. • Business and Vocational Schools; • Colleges; k ' • Craft breweries,wineries and distilleries; • Eating and drinking establishments; — • Greenhouse and nurseries; 1 • Grocery stores; • Open-air markets; 1 i " • Recreational facilities(indoor and outdoor); • Retail establishments; • Wine tasting rooms. Caraway Howe-crtp 1735 December 4, 2018 20 CITY COUNCIL BRIEF B-4K HISTORIC KEMPSVILLE PROPOSED ORDINANCE AMENDMENT ITEM#68689 (Continued) Here is the overlay area with the yellow areas depicting City owned property. The proposed amendment will allow different types of businesses to be developed while still protecting the Historic District: DEVELOPMENT POTENTIAL fi CciThq tatifr City owned property within the Overlay District Below is an overview of the proposed amendment: PROPOSED AMENDMENT Permitted by-right: Conditional uses: • Business and Vocational Schools • Business and Vocational Schools less than 7,500 SF; greater than 7,500 SF; • Eating and drinking • College and universities; establishments without drive • Craft breweries,wineries and through windows; distilleries; • Greenhouse and nurseries; • Fiber-optic transmission facilities; • Indoor recreation facilities less • Open air markets; than 7,500 SF • Radio and Television Broadcasting; • Wine tasting rooms. • Outdoor Recreation facilities; • Grocery stores less than 40,000 • Indoor recreation facilities greater SF; than 7,500 SF; • Retail establishments less than • Grocery stores more than 40,000 20,000 SF. SF; • Retail establishments more than 20,000 SF. December 4, 2018 21 CITY COUNCIL BRIEF B-4K HISTORIC KEMPSVILLE PROPOSED ORDINANCE AMENDMENT ITEM#68689 (Continued) QUESTIONS? f 18% Y '® _ 1910 i ®e FIRST KEYPSYILLE MON SCHOOL '." FIRST GRADUATES H24 I•ST GRADUATES 1941 '',T Plognsmon of school buildings ro KmpavLe Mayor Dyer expressed his appreciation to Council Member Abbott and Mr. Kemp for their work on this and for the presentation. December 4, 2018 1 AN ORDINANCE TO AMEND SECTION 901 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO USE REGULATIONS IN 4 THE B-4K BUSINESS DISTRICT 5 6 Section Amended: City Zoning Ordinance § 7 901 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 901 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 9. - BUSINESS DISTRICTS 19 20 . . . . 21 22 Sec. 901. - Use regulations. 23 24 (a) Principal and conditional uses. The following chart lists those uses permitted within 25 the B-1 through B-4K Business Districts. Those uses and structures in the respective 26 business districts shall be permitted as either principal uses indicated by a "P" or as 27 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 28 prohibited in the respective districts. No uses or structures other than as specified 29 shall be permitted. 30 Use B-1 B-1 A B-2 B-3 B-4 B-4C B-4K Business and vocational schools which do not involve the operation of woodwork shops, machine X C I C i C C C XC shops or other similar facilities Colleges and universities, public or private I X C C j C C ! C X C Craft breweries, subject to the provisions of Section X X C i C X ! C X C 230 Craft distilleries, subject to the provisions of Section X X C i C X C X C 230 Craft wineries, subject to the provisions of Section X X CC X CXC 230 Eating and drinking establishments without drive- P P P P P X XP through windows, except as specified below — Fiber-optics transmission facilities X C CC X CXC Greenhouses and plant nurseries X P P X P X XP Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than CCPPP X X-P five thousand (5,000) square feet. Within the B-4K,also including that it is not open to the public twenty-four (24) hours a day i J Grocery stores, carry-out food stores and convenience stores whether or not freestanding, but X X P P P C X-P in a structure of a gross floor area of not less than — five thousand (5,000) square feet . . . . T Grocery stores, carry-out food stores and convenience stores whether or not freestanding, but X X PPPC X in a structure of more than forty five thousand — — — — — — — (45,000) square feet Open-air markets X X CCC C XC Radio and television broadcasting stations X 1 C C C C C X C Recreation facilities other than those of an outdoor nature, with a floor area greater than 7,500 square X X CCP ! C XC feet ! Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council; provided that, in the development of such properties, safeguards are X I C C C C C X C provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise Recreational facilities other than those of an outdoor nature, with a maximum floor area of 7,500 X X PPP PXP square feet a ; Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that !yards for storage of new or used building materials or yards for any scrap or salvage operations or for ;storage or display of any scrap, salvage or 'secondhand building materials or automobile parts X P PPP PXP !shall not be allowed, further provided that adult book stores shall be prohibited from locating within ;five hundred (500) feet of any apartment or !residential district, single- or multiple-family (dwelling, church, park, or school. In B-4K also including with a floor area of twenty thousand (20,000) square feet or less. Retail establishments, other than those listed separately, including the incidental manufacturing of ! j goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that i I yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or ! j secondhand building materials or automobile parts X P PPP I P C shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple-family dwelling, church, park, or school. In B-4K also including a floor area of more than twenty thousand i (20,000) square feet Wine-tasting rooms, subject to the provisions of X ! P PPX PXC Section 209.4 i ! . . . . 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14183 R-5 July 31, 2018 22 COUNCIL COMMENTS ITEM#68690 4:24 P.M. There were no Council Comments. December 4, 2018 23 AGENDA REVIEW SESSION ITEM#68691 4:25 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 35-64.1 of the City Code re Income Exclusions for the Elderly and Disabled Tax Relief Program 2. Ordinances to GRANT Non-Exclusive Long-Term Master License Agreement(up to 40 years) re attachment of wireless communications equipment to City-owned structures: a. Cellco Partnership d/b/a Verizon Wireless b. New Cingular Wireless PCS, LLC d/b/a AT& T Wireless 3. Ordinances to DESIGNATE as EXEMPT re Real and Personal Property Taxes: a. The Butterfly Society of Virginia, Inc. b. Christian News and Information Institute c. Community Outreach Ministries, Inc. d. Merakey Allos e. Merakey USA f Second Chance Wildlife Rehabilitation g. The Tidewater Winds 4. Ordinance to DECLARE a portion of the property known as Lake Rudee adjacent to 601 Goldsboro Avenue to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell to The Allen Revocable Living Trust 5. Resolution to AUTHORIZE the City Manager to EXECUTE a Comprehensive Agreement re operation of the Virginia Beach Sports Center ITEM 3d WILL BE CONSIDERED FOR INDEFINITE DEFERRAL ITEM 3e WILL BE CONSIDERED FOR INDEFINITE DEFERRAL COUNCIL MEMBER ABBOTT WILL VOTE VERBAL NAY ON ITEM#5 December 4, 2018 24 ITEM#68692 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose, or of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3) • Beach District PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body,pursuant to Section 2.2-3711(A)(1). • Dome Site PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees December 4, 2018 25 ITEM#68692 (Continued) Upon motion by Council Member Abbott, seconded by Council Member Kane, City Council voted to proceed into CLOSED SESSION at 4:28 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss Closed Session 4:28 P.M. - 5:59 P.M. December 4, 2018 26 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 4, 2018 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, December 4, 2018, at 6:00 P.M. Council Members Present: Jessica P. Abbott, M Benjamin Davenport, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss Out of Town INVOCATION: Chaplain William "Bill"Craig Virginia Beach Police Department—Second Precinct PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna"), whose Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. December 4, 2018 27 Council Member 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 Member Wilson's letter of June 2, 2015, is hereby made a part of the record. December 4, 2018 28 ITEM— VI-E CERTIFICATION ITEM#68693 Upon motion by Council Member Jones, seconded by Council Member Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 U �11 5 OF OUR NA 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#68692 Page 25 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. J�� 11 ► / Amanda Barnes,MMC City Clerk December 4,2018 29 ITEM— VI-F MINUTES ITEM#68694 Upon motion by Council Member Kane, seconded by Council Member Abbott, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of November 20, 2018 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Louis R. Jones, Shannon DS Kane,John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss Council Members Abstaining: Barbara M. Henley December 4, 2018 30 ITEM— VI-F MINUTES ITEM#68695 Upon motion by Council Member Kane, seconded by Council Member Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of November 20,2018 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane,John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss Council Members Abstaining: M Benjamin Davenport December 4, 2018 31 ADOPT AGENDA FOR FORMAL SESSION ITEM#68696 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 4, 2018 32 ITEM- VI-H.1 BID OPENING ITEM#68697 Mayor Dyer DECLARED A BID OPENING: BIDS FOR NON-EXCLUSIVE MASTER LICENSE AGREEMENT TO ATTACH WIRELESS COMMUNICATIONS EQUIPMENT TO CITY-OWNED STRUCTURES Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been received for a proposed non-exclusive master license agreement for the purpose of attaching wireless communications equipment to City-owned structures. Two bids have been received, as follows: New Cingular Wireless PCS, LLC d/b/a AT&T Wireless and Cellco Partnership d/b/a Verizon Wireless have each bid: -25 year term with one option to renew for an additional 15 years, to install small cells on City- owned structures - $270 annual fee per pole, which is the amount set by the Federal Communications Commission Are there any other persons desiring to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bids received and recommends that both of these companies be awarded a non-exclusive master license agreement. December 4, 2018 33 ITEM- VI-Ida-6 PUBLIC HEARINGS ITEM#68698 Mayor Dyer DECLARED A PUBLIC HEARING: WIRELESS COMMUNICATIONS FACILITIES MASTER LICENSE AGREEMENT a. Cellco Partnership d/b/a Verizon Wireless b. New Cingular Wireless PCS, LLC d/b/a AT& T Wireless The following registered to speak: Stephen Romine, 999 Waterside Drive, Phone: 376-9468, spoke in SUPPORT There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING December 4, 2018 34 ITEM- VI-L2.a-g PUBLIC HEARINGS ITEM#68699 Mayor Dyer DECLARED A PUBLIC HEARING: PROPOSED PROPERTY TAX EXEMPTIONS a. The Butterfly Society of Virginia, Inc. b. Christian News and Information Institute c. Community Outreach Ministries, Inc. d. Merakey Allos e. Merakey USA f Second Chance Wildlife Rehabilitation g. The Tidewater Winds There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING December 4, 2018 35 ITEM- VI-I.3 PUBLIC HEARINGS ITEM#68700 Mayor Dyer DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY Portion of property known as Lake Rudee adjacent to 601 Goldsboro Avenue There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING December 4, 2018 36 ITEM- VI-J ORDINANCES/RESOLUTIONS ITEM#68701 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT: Agenda Items 1, 2a/b, 3a/b/c/f/g, (3d/e INDEFINITE DEFERRAL) 4 and 5 (ABBOTT VERBAL NAY) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 37 ITEM— VLJ.1 ORDINANCES/RESOLUTIONS ITEM#68702 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 35-64.1 of the City Code re Income Exclusions for the Elderly and Disabled Tax Relief Program Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 1 AN ORDINANCE TO AMEND SECTION 35-64.1 2 OF THE CITY CODE PERTAINING TO INCOME 3 EXCLUSIONS FOR THE ELDERLY AND 4 DISABLED TAX RELIEF PROGRAM 5 6 Section Amended: § 35-64.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 1. That Section 35-64.1 of the City Code is hereby amended and reordained 12 to read as follows: 13 14 Sec. 35-64.1. - Income exclusions. 15 16 For purposes of calculating income in accordance with this article, the 17 Commissioner of the Revenue shall not include: 18 19 a. payments from a bank or other financial institution that result from a 20 reverse mortgage or similar instrument, provided the reverse mortgage is 21 an encumbrance upon the applicant's sole dwelling..-i 22 b. disability payments from a governmental entity or agency; 23 c. payments made to foster care providers for or regarding the care of 24 children in foster care. 25 26 2. This ordinance shall be effective for the qualification process applicable to 27 tax years beginning on July 1, 2019 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of December , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A - Comm ssion of R e t Cit 4 • • "s office CA14524 R-1 September 7, 2018 38 ITEM-VI-.1.2a ORDINANCES/RESOLUTIONS ITEM#68703 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to GRANT Non-Exclusive Long-Term Master License Agreement (up to 40 years) re attachment of wireless communications equipment to City-owned structures: a. Cellco Partnership d/b/a Verizon Wireless Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 LONG-TERM MASTER LICENSE AGREEMENT (UP 3 TO 40 YEARS) TO CELLCO PARTNERSHIP D/B/A 4 VERIZON WIRELESS FOR THE PURPOSE OF 5 ATTACHING WIRELESS COMMUNICATIONS 6 EQUIPMENT TO CITY-OWNED STRUCTURES 7 8 WHEREAS, Cellco Partnership d/b/a Verizon Wireless, a Delaware general 9 partnership ("Cellco"), is a wireless communications provider with its principal office 10 located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, NJ 07920; 11 12 WHEREAS, Cellco desires to attach wireless communications equipment 13 ("Equipment") to city-owned structures ("City Poles") to densify and expand the current 14 network facilities for wireless communications within the City; and 15 16 WHEREAS, the City is agreeable to allowing CelIco to attach its Equipment to 17 City Poles for the aforesaid purposes, subject to the terms and conditions set forth in 18 the summary of terms attached hereto as Exhibit A and made a part hereof (the 19 "Summary of Terms"). 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby authorizes the City Manager to execute a non- 25 exclusive long-term Master License Agreement with Cellco for an initial term of twenty- 26 five (25) years, with one (1) renewal option of fifteen (15) years, pursuant to the 27 requirements of Va. Code §56-484.31 and in accordance with the Summary of Terms, 28 and such other terms, conditions or modifications, as may be acceptable to the City 29 Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 4th day of December 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENC /1, / DEPARTMENT/OF PUBLIC WORKS CITY ATTORNEY'S OFFICE CA14391 November 20, 2018 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d021\p031\00483332.docx EXHIBIT A NON-EXCLUSIVE MASTER LICENSE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Cellco Partnership d/b/a Verizon Wireless ("Cellco") Term: Initial term of twenty-five (25) years, with one (1) option to renew for a term of fifteen (15) years. Fee: In accordance with the safe harbor amount adopted by the FCC on September 26, 2018, each attachment of a small cell and related equipment ("Equipment") to an approved City-owned structure ("City Pole") will be charged at a rate of $270 annually. Location: Each location proposed by Cellco will be evaluated for feasibility by City staff. Cellco will submit an individual application to the Planning Department, Permits & Inspections, before attaching Equipment to any City Pole. Relocation: Cellco is solely responsible for paying cost of removal or relocation of its Equipment if necessitated by a public project, 180 days after receiving written notice. Cellco must remove Equipment upon termination or City may remove Equipment at Cellco's sole cost and expense. Insurance: Commercial General Liability ($3 million per occurrence/$4 million general aggregate); Employer's Liability ($500,000); Workers' Compensation as required by law. Termination: City may terminate the license at the end of the initial or any renewal term by giving 90 days' notice; Cellco may terminate at any time with 90 days' notice. 39 ITEM-VI-J.26 ORDINANCES/RESOLUTIONS ITEM#68704 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to GRANT Non-Exclusive Long-Term Master License Agreement (up to 40 years)re attachment of wireless communications equipment to City-owned structures: b. New Cingular Wireless PCS, LLC d/b/a AT&T Wireless Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 LONG-TERM MASTER LICENSE AGREEMENT (UP 3 TO 40 YEARS) TO NEW CINGULAR WIRELESS PCS, 4 LLC D/B/A AT&T WIRELESS FOR THE PURPOSE OF 5 ATTACHING WIRELESS COMMUNICATIONS 6 EQUIPMENT TO CITY-OWNED STRUCTURES 7 8 WHEREAS, New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless, ("New 9 Cingular"), is a wireless communications provider with its principal office located at 575 10 Morosgo Drive, Atlanta, GA, 30324; 11 12 WHEREAS, New Cingular desires to attach wireless communications equipment 13 ("Equipment") to city-owned structures ("City Poles") to densify and expand the current 14 network facilities for wireless communications within the City; and 15 16 WHEREAS, the City is agreeable to allowing New Cingular to attach its 17 Equipment to City Poles for the aforesaid purposes, subject to the terms and conditions 18 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 19 (the "Summary of Terms"). 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby authorizes the City Manager to execute a non- 25 exclusive long-term Master License Agreement with New Cingular for an initial term of 26 twenty-five (25) years, with one (1) renewal option of fifteen (15) years, pursuant to the 27 requirements of Va. Code §56-484.31 and in accordance with the Summary of Terms, 28 and such other terms, conditions or modifications, as may be acceptable to the City 29 Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 4th day of December , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCYY:,,, el/4 �� r n e DEPARTMENT OF PUBLIC WORKS CITY ATTORNEY'S ICE CA14392 November 20, 2018 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d016\p033\00518102.docx EXHIBIT A NON-EXCLUSIVE MASTER LICENSE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and New Cingular Wireless PCS, LLC d/b/a AT&T Wireless ("New Cingular") Term: Initial term of twenty-five (25) years, with one (1) option to renew for a term of fifteen (15) years. Fee: In accordance with the safe harbor amount adopted by the FCC on September 26, 2018, each attachment of a small cell and related equipment ("Equipment") to an approved City-owned structure ("City Pole") will be charged at a rate of $270 annually. Location: Each location proposed by New Cingular will be evaluated for feasibility by City staff. New Cingular will submit an individual application to the Planning Department, Permits & Inspections, before attaching Equipment to any City Pole. Relocation: New Cingular is solely responsible for paying cost of removal or relocation of its Equipment if necessitated by a public project, 180 days after receiving written notice. New Cingular must remove Equipment upon termination or City may remove Equipment at New Cingular's sole cost and expense. Insurance: Commercial General Liability ($3 million per occurrence/$4 million general aggregate); Employer's Liability ($500,000); Workers' Compensation as required by law. Termination: City may terminate the license at the end of the initial or any renewal term by giving 90 days' notice; New Cingular may terminate at any time with 90 days' notice. 40 ITEM-VI-J.3a ORDINANCES/RESOLUTIONS ITEM#68705 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: a. The Butterfly Society of Virginia, Inc. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 1 AN ORDINANCE TO DESIGNATE THE BUTTERFLY 2 SOCIETY OF VIRGINIA, INC. AS BEING EXEMPT FROM 3 REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to the Butterfly Society of Virginia, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates the 13 Butterfly Society of Virginia, Inc. as a charitable organization within the context of § 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by the Butterfly Society of Virginia, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by the Butterfly Society of Virginia, Inc. for 23 exclusively charitable purposes; 24 25 (b) that each July 1, the Butterfly Society of Virginia, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, the Butterfly Society of 31 Virginia, Inc. shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d)that the Butterfly Society of Virginia, Inc. cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of December , 2018. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S ENCY: M, . Commissioner o the Revenue - ,�� 1r--y's Office CA14549/R-1/October 9, 2018 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: The Butterfly Society of Virginia, Inc. T/A The Butterfly Society of Virginia, Inc. 3825 River Oak Circle Virginia Beach, VA 23456 SUMMARY OF NONPROFIT BUSINESS ACTIVITY: To raise the general consciousness of our members and the public regarding the survival problems of butterflies and moths through publicity, educational programs and activities for both children and adults. They also provide conservation habitats for Butterflies and moths. Activities and programs provide to the public, through sponsored events, garden clubs, church groups, civic groups and environmental groups. TAX IMPACT: Real Property Parcel: Assessment: None Tax: None Business Property: Assessment: $1,500.00 Tax: $24.00 Personal Property: Assessment: None Vehicle Tax: None RELEVANT INFORMATION: IRS Granted 501(c)3 Status May 1994 41 ITEM-VI-J.3b ORDINANCES/RESOLUTIONS ITEM#68706 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: b. Christian News and Information Institute Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott,M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 1 AN ORDINANCE TO DESIGNATE CHRISTIAN NEWS AND 2 INFORMATION INSTITUTE AS BEING EXEMPT FROM 3 REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Christian News and Information 8 Institute; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Christian 14 News and Information Institute as a charitable organization within the context of § 6(a)(6) of 15 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 16 17 2. That real and personal property owned by Christian News and Information Institute 18 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 19 nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Christian News and Information Institute for 24 exclusively charitable purposes; 25 26 (b) that each July 1, Christian News and Information Institute shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or if no such return is required, it shall certify its continuing tax exempt 29 status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2019, Christian News and 32 Information Institute shall file an exemption application with the Commissioner of 33 the Revenue as a requirement for retention of the exempt status of the property; 34 and 35 36 (d) that Christian News and Information Institute cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records and 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of December , 2018. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S FF1CIENCY: J, � ^ _ Commissione;•Af the Revenue ''" : Ty's Office CA145501R-1/October 9, 2018 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Christian New and Information Institute T/A Christian News and Information Institute 1385 Fordham Drive#105-234 Virginia Beach, VA. 23464 WEBSITE: http://cni.institute/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The purpose of the Christian News and Information Institute, Inc. is to glorify God through the use of the communications media; to develop and facilitate the flow of information, particularly to believers, about what God is doing in the world;to assist, train and encourage Christians using or desiring to use mass media; and to undertake other communication s projects for the purpose of generating income. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $2,510 Tax: $40.16 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—December 17, 1992 42 ITEM-VI-J.3c ORDINANCES/RESOLUTIONS ITEM#68707 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: c. Community Outreach Ministries,Inc. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, M Benjamin Davenport, Mayor Robert M Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 1 AN ORDINANCE TO DESIGNATE COMMUNITY 2 OUTREACH MINISTRIES, INC. AS BEING EXEMPT FROM 3 REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Community Outreach Ministries, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Community 13 Outreach Ministries, Inc. as a charitable organization within the context of§ 6(a)(6)of Article X 14 of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Community Outreach Ministries, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Community Outreach Ministries, Inc. for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Community Outreach Ministries, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Community Outreach 31 Ministries, Inc. shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d)that Community Outreach Ministries, Inc. cooperate fully with the Commissioner 35 of the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of December , 2018. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -1A I Commissione 'The Revenue C • n: 's Office CA14547/R-1/October 9, 2018 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Community Outreach Ministries, Inc. T/A Community Outreach Ministries, Inc. 318 Gainsborough Road Virginia Beach, VA 23462 SUMMARY OF NONPROFIT BUSINESS ACTIVITY: To meet the physical and spiritual needs in low income areas of Virginia Beach by providing food and clothing on a monthly basis to those in need. They also provide a monthly worship service in the communities for those without transportation. The non- profit maintains a small food pantry. TAX IMPACT: Real Property Parcel: Assessment: None Tax: None Business Property: Assessment: None Tax: None Personal Property: Assessment: $2,700.00 Vehicle Tax: $108.00 RELEVANT INFORMATION: IRS Granted 501(c)3 Status July 29, 2014 43 ITEM-VI-J.3d ORDINANCES/RESOLUTIONS ITEM#68708 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: d. Merakey Allos Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 44 ITEM-VI-.1.3e ORDINANCES/RESOLUTIONS ITEM#68709 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: e. Merakey USA Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane,John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 45 ITEM-VI-J.3f ORDINANCES/RESOLUTIONS ITEM#68710 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: f Second Chance Wildlife Rehabilitation Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane,John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 1 AN ORDINANCE TO DESIGNATE SECOND CHANCE 2 WILDLIFE REHABILITATION AS BEING EXEMPT FROM 3 REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Second Chance Wildlife Rehabilitation; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Second 13 Chance Wildlife Rehabilitation as a charitable organization within the context of § 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Second Chance Wildlife Rehabilitation 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Second Chance Wildlife Rehabilitation for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Second Chance Wildlife Rehabilitation shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Second Chance Wildlife 31 Rehabilitation shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d)that Second Chance Wildlife Rehabilitation cooperate fully with the Commissioner 35 of the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day ofDecember , 2018. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I (Commissioner VV' e Revenue Ci A -y's Office CA14548/R-1/October 9, 2018 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Second Chance Wildlife Rehabilitation T/A Second Chance Wildlife Rehabilitation 2905 Bamberg Place Virginia Beach, VA 23403 WEBSITE: http://www.2ndchancewildlife.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Our mission is to give a second chance to wildlife native to the Commonwealth of Virginia. They works closely with Virginia Beach Animal Control,the Virginia Beach SPCA, Virginia Department of Game and Inland Fisheries, other government agencies, local Veterinarians, and other wildlife rehabilitation centers. The organization provides care for wildlife native to our area and when the animal is healthy enough, it is released back into the wild. They also provide educational programs that extends into the public and private school system as well as the community. TAX IMPACT: Real Property Parcel Assessment: None Tax: None Business Personal Assessment: 1,100 Property Tax: $17.60 Personal Property Assessment: None Vehicles Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 Status September 16, 2014 46 ITEM-VI-J.3g ORDINANCES/RESOLUTIONS ITEM#68711 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: g. The Tidewater Winds Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 1 AN ORDINANCE TO DESIGNATE THE TIDEWATER 2 WINDS AS BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to The Tidewater Winds; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The 13 Tidewater Winds as a charitable organization within the context of§ 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by The Tidewater Winds located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by The Tidewater Winds for exclusively charitable 23 purposes; 24 25 (b) that each July 1, The Tidewater Winds shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner of 28 the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, The Tidewater Winds shall 31 file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d)that The Tidewater Winds cooperate fully with the Commissioner of the Revenue 35 with respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of December 2018. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED A4S TO CONTENT: APPROVED AS TO LEGAL SUFFIQENCY: f � 7 L Commissioner f'the Revenue ''o ey's •ffice CA14551/R-1/October 9, 2018 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: The Tidewater Winds T/A The Tidewater Winds 508 Harton Circle(Office use only) Virginia Beach VA 23452 WEBSITE www.tidewaterwinds.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The mission of Tidewater Winds is to foster and maintain an organization dedicated to the making of music in the Sousa tradition. Furthermore, it is our charge to maintain the highest aspirations of musical art, creating performances and providing educational training programs for students at the highest level of excellence. Founded in 1985 as a 501 (c) 3 non-profit organization, the Winds present an average of 18 annual concert programs throughout the Hampton Roads community. Education is integral to our mission, and comprises two main components: the training of young musicians with professional guidance, and intern opportunities to provide students a background in arts management. Tidewater Winds presents programs to perpetuate the experience of superb musical performances to entertain and cultivate the broadest of audiences, to include all demographics inclusive of the elderly, the disabled, and lower income families, within and beyond our region. TAX IMPACT: Real Property Parcel Assessment: None Tax: None Business Property Assessment: 184,636 Tax: $2,954.18 Personal Property Assessment: None Vehicles Tax: None RELEVANT INFORMATION: Originally located in Norfolk VA as a non-profit and exempted from property tax. Organization moved to Virginia Beach in June of 2013. IRS Granted 501 (c) 3_Status November 21, 1987 47 ITEM-VI-J.4 ORDINANCES/RESOLUTIONS ITEM#68712 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE a portion of the property known as Lake Rudee adjacent to 601 Goldsboro Avenue to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell to The Allen Revocable Living Trust: Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane,John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 1 AN ORDINANCE DECLARING APPROXIMATELY 2 1,682.48 SQ. FT. OF CITY PROPERTY LOCATED 3 ADJACENT TO 601 GOLDSBORO AVENUE TO 4 BE IN EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO SELL 6 THE PROPERTY TO THE ALLEN REVOCABLE 7 LIVING TRUST 8 9 WHEREAS, the City of Virginia Beach (the "City") owns property known as Lake 10 Rudee (GPIN: 2427-01-8282); 11 12 WHEREAS, the Allen Revocable Living Trust (the "Allen Trust") owns 601 13 Goldsboro Avenue (GPIN: 2427-01-8759), which is adjacent to Lake Rudee; 14 15 WHEREAS, the Allen Trust desires to purchase approximately 1,682.48 sq. feet 16 of land along the border of its property (the "Excess Area") and incorporate the Excess 17 Area into its existing property, as shown on Exhibit A attached hereto; 18 19 WHEREAS, City staff has reviewed the request and supports conveying the 20 Excess Area to the Allen Trust, pursuant to the terms and conditions as set forth in the 21 Summary of Terms, attached hereto as Exhibit B; and 22 23 WHEREAS, the City Council is of the opinion that the 1,682.48 sq. ft. portion of 24 the City's property is in excess of the needs of the City. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That the 1,682.48 sq. ft. portion of land located adjacent to Lake Rudee 30 and 601 Goldsboro Avenue, shown on Exhibit A, attached hereto and made a part 31 hereof, is hereby declared to be in excess of the needs of the City of Virginia Beach. 32 33 2. That the City Manager, or his authorized designee, is hereby authorized to 34 execute any documents necessary to convey the Excess Area to the Allen Trust, in 35 accordance with the Summary of Terms, attached hereto as Exhibit B and made a part 36 hereof, and such other terms, conditions or modifications as may be acceptable to the 37 City Manager and in a form deemed satisfactory by the City Attorney. 38 39 This Ordinance shall be effective from the date of its adoption. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day 42 of December , 2018. 43 44 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- 45 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN : (4iAi .4,„ Public •rks / Real Estate City Attorney CA 14417 \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d015\p031\00517599.doc R-1 November 16, 2018 EXHIBIT A LAKE RUDEE N/F CVB PT. OF 2427-01-8282 INST: 20100915000966510 W E S Fk o ick EXCESS PROPERTY TO 77— 44.Al,, •S ' (1,682.48BNCONVEYED AC) �n ----- ��I�`?`t�• (HATCHED) PROPERTY LINE N �� ,+4 '33 ' 15.5SCALED FROM ——— 19.2 M.B. 7 PG. 14 PIN � I- _ cD z � z 7.30 9 0 O N PO -RLiLoV % co U) CC h � r �, Q 1 Z N. 00 Gym cr— O I N � ,�� •0 `"� co I N Jr-. 6 c, O73 F— N O O . r7 W c�I Q N I ?cr sem ,, Q �. 160,,,4%• Li._ ,, zLL. Z 4 'VHOff'PIN ' vi� ,r �r N _,, E X. P G• ` IIS �' U . LOT 8 .• GOLDSBORO AVE. 0 • 2427-01-8759 ` REGO O.MILSTEAD (50' RAW) • INST:200303070035885 ' ,o. C47323 PIN S 82'45' W 88.00 P) PIN re 15 10 1t7 Wik N/F CARTER M. TURPIN, JR. 0.4�, ti+� 2427-01-8687 �'o'IONAL F'�� INST: #20101117001222560 SCALE: 1" 30' EXHIBIT 'A' - EXCESS PROPERTY REQUEST CHESAPEAKE BAY FOR SITE SOLUTIONS ALLEN REVOCABLE LIVING TRUST P.O. BOX 6663 LOT 8, BLOCK 29, SHADOW LAWN HEIGHTS VIRGINIA BEACH, VA 23456 PHONE/FAX: (757) 575-3715 BEACH DISTRICT VIRGINIA BEACH, VA (M.B. 7 PG. 14) DATE: SEPTEMBER 26, 2018 EXHIBIT B SUMMARY OF TERMS SALE OF APPROXIMATELY 1,682 SQ. FT. OF CITY PROPERTY ADJACENT TO LAKE RUDEE SELLER: City of Virginia Beach (the "City") BUYER: The Allen Revocable Living Trust PROPERTY: Approximately 1 ,682.48 square feet of land along Lake Rudee, located adjacent to 601 Goldsboro Avenue SALES PRICE: $1,683.00 CONDITIONS OF SALE: • The Buyer shall, at its sole expense, resubdivide the property, vacating internal lot lines and incorporating the approximate 1,682.48 square feet into its existing property located at 601 Goldsboro Avenue. • Upon resubdivision, the current R-5S zoning of the Buyer's existing property will be extended to the new lot line (per Section 102(b)(4(iv) of the Zoning Ordinance). • The City will reserve a drainage and construction easement over the Property. • The City will reserve its riparian rights. • The City will reserve its rights to dredge channel-ward of the bulkhead. • The Buyer shall submit any plans for future construction to the Planning Department for approval and obtain any necessary permits and inspections. • The Buyer shall proceed with an encroachment application for any improvements located, or to be located, within the City's remaining property. • The Purchaser shall adhere to all zoning ordinances. • Closing shall occur no later than one (1) year from the date the Agreement of Sale is fully executed. 48 ITEM-VI-J.5 ORDINANCES/RESOLUTIONS ITEM#68713 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the City Manager to EXECUTE a Comprehensive Agreement re operation of the Virginia Beach Sports Center Voting: 9-1 Council Members Voting Aye: M Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane,John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P. Abbott Council Members Absent: John D. Moss December 4, 2018 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A COMPREHENSIVE 3 AGREEMENT FOR THE OPERATION OF THE 4 VIRGINIA BEACH SPORTS CENTER 5 6 WHEREAS, on September 26, 2017, the City received conceptual proposals under 7 the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA") from three 8 firms in response to a solicitation by the City for a sports center facility (the "Sports 9 Center"); 10 11 WHEREAS, the conceptual proposals were posted on the City's website 12 (www.vbgov.com) as required by the PPEA and the City's PPEA Guidelines; 13 14 WHEREAS, after receipt of detailed proposals, the City undertook detailed 15 negotiations with the three firms that responded to the City's PPEA solicitation; 16 17 WHEREAS, a public hearing was held on February 6, 2018 to allow the public to 18 provide input on the PPEA proposals as required by Virginia Code § 56-575.17.B; 19 20 WHEREAS, the City Council approved an interim agreement for preliminary plans 21 regarding operations and operator design coordination with Eastern Sports Management, 22 LLC ("ESM"), on March 20, 2018; 23 24 WHEREAS, after the approval by the Council of a comprehensive agreement for 25 the design and construction of the Sports Center, the staff undertook negotiations with 26 ESM, through its wholly owned subsidiary ESM VB, LLC, for the comprehensive 27 agreement for operations of the Sports Center (the "Comprehensive Agreement'); 28 29 WHEREAS, on November 2, 2018, the City Manager provided a copy of the 30 proposed Comprehensive Agreement to the City Council and authorized posting of the 31 proposed Comprehensive Agreement on the City's website; 32 33 WHEREAS, the Council was briefed at its November 27, 2018 Workshop with the 34 details of the proposed Comprehensive Agreement; 35 36 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE 37 CITY OF VIRGINIA BEACH, VIRGINIA. THAT: 38 39 1 . Based upon the review of the proposals, the work from the Interim Agreement, 40 and advice provided by the City Staff, the City Council hereby determines that 41 entering into a Comprehensive Agreement for the operation of the Virginia 42 Beach Sports Center with ESM VB, LLC will serve the public purpose because 43 (i) there is a public need and benefit to be derived from such agreement, (ii) the 44 proposed fee arrangement is reasonable in relation to similar facilities, and (iii) 45 the agreement will result in the efficient operation of the Virginia Beach Sports 46 Center. 47 48 2. The City Manager or his designee is hereby authorized to execute, after 49 approval for legal sufficiency by the City Attorney or his designee, a 50 Comprehensive Agreement with ESM VB, LLC for the Sports Center Project. 51 52 3. A transfer of $105,000 is hereby authorized in the TIP Fund to make monthly 53 payments for FY2018-19. 54 55 4. The Director of Finance is directed to make a reservation upon the City's 56 financial records at the close of FY2018-19 in an amount estimated to be 57 $4,248,448 to have reserved against the obligations in the Comprehensive 58 Agreement for the Start-up Budget for the Sports Centers, and the Director of 59 Finance is further directed to reduce such amount based upon the reported 60 unamortized balance of the Start-up Budget as reported annually by ESM VB, 61 LLC. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day of December , 2018. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: leo;• City Manager's Office Depa ment of Finance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY Ciftit)( Department of Budget and Offi of th8 City Attorney Management Services CA14558 R-1 November 13, 2018 PPEA COMPREHENSIVE AGREEMENT FOR THE OPERATION OF THE VIRGINIA BEACH SPORTS CENTER SUMMARY OF MATERIAL TERMS Parties: City of Virginia Beach ("City") ESM VB, LLC ("Manager") Term: 10 year initial term; two 5-year extensions with mutual agreement. Form: Qualified Management Agreement — this allows the City to finance the construction of the facility using tax-exempt bonds, which aligns with the City's CIP. Material Terms: Manager to be the sole operator of the Facility. The City's Convention and Visitor's Bureau to establish an office in the Facility for Sports Marketing. The Manager to develop an operating budget for the Facility, which is subject to approval by the City. The operation of the Facility is focused on tournaments, track meets, and other sports-related events that drive out-of- town visitation and provide positive economic impact for the City. The Manager to be compensated based on a fixed Management Fee and a variable Incentive Fee. During the construction of the Facility, the Fee is $15,000/month for the first 12 months and$20,000/month for the following 12 months. Once the Facility opens, the Management Fee is $30,000/month. The Incentive Fee is based on gross revenues of the Facility once opened. During the first 2 years after opening, the Incentive Fee is 6%of gross revenues. Thereafter,the Incentive Fee is stepped 4%of the first$2,500,000, 5%of the next$1,000,000, 6%of the next$1,000,000, and 7% above $4,500,000. The City, through its Sports Marketing Division of CVB, books tournaments and sports-related events nine months out. These events are generally booked Friday-Sunday. Within nine months, the Manager controls the booking calendar, and the Manager will work to maximize the use of the Facility during Monday-Thursday though leagues, clubs, and other facility use agreements. For the out-fitting of the Facility,the Manager to present to the City a Start- up Budget. This Start-up Budget primarily intended for furniture, fixtures, and athletic equipment for the Facility, and such items will become the property of the Facility. If the City terminates the Agreement prior to the completion of the initial 10-year term, the City is required to pay the unamortized cost of the furniture, fixtures, and athletic equipment. The City will hold and control Operating Reserves and Capital Reserves for the Facility. The Manager is responsible for the initial Working Capital. The City will hold and control Operating Reserves and Capital Reserves for the Facility. The Manager is responsible for the initial Working Capital. The Manager will pay the City quarterly a sum equivalent to the gross revenues less operating expenses, Management Fee, Incentive Fee, repayment of the Operating Reserves, if use of Operating Reserves have been required,and repayment of the Start-up Budget. The repayment of the Start-up Budget is based on a schedule that amortizes the Manager provided property over a seven-year schedule. The City intends to use the quarterly payments to fund the Capital Reserve and/or other such purposes as directed by the City Council. City to retain control over approval of sponsorship and naming rights of the Facility. Parties agree to collectively pursue sponsorships and naming rights consistent with the City's intended purposes. All funds received for naming rights of the Facility, net of direct expenses, will go to the Capital Reserve. The City has a right to terminate the Agreement for Default. The City has the additional right to terminate for convenience with a specified buy-out amount. 2 49 ITEM VI-K APPOINTMENTS ITEM#68721 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION BOARD OF BUILDING CODE APPEALS—NEW CONSTRUCTION DIVISION BOARD OF BUILDING CODE APPEALS—PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION December 4, 2018 50 ITEM VI-K APPOINTMENTS ITEM#68722 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: STEVE BARNES (Representing Princess Anne District) Four year term 1/1/19—12/31/22 PLANNING COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, M. Benjamin Davenport, Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane,John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 51 ITEM VI-K. APPOINTMENTS ITEM#68723 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MICHAEL LEVINSON Three year term 1/1/19—12/31/21 and REAPPOINTED: TYLER BROWN JOHN HA WA Three year term 1/1/19—12/31/21 RESORT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane,John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 52 ITEM VI-K. APPOINTMENTS ITEM#68724 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: TRAVIS FOX Unexpired term thru 3/31/23 STORMWATER APPEALS BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane,John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 53 ITEM VI-K. APPOINTMENTS ITEM#68725 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: ERIC WRAY Unexpired term thru 12/31/20 Plus four year term 1/1/21 - 12/31/24 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss December 4, 2018 54 ADJOURNMENT ITEM#68726 Mayor Robert M Dyer DECLARED the City Council Meeting ADJOURNED at 6:14 P.M. - r erre . us Chief Deputy ity Clerk kik Tandy ,:!, -s,MMC Robert M. Dyer ity Clerk Mayor City of Virginia Beach Virginia December 4, 2018 55 OPEN DIALOGUE The following registered to speak: Noah Meyers, 1079 Creekview Ridge Court, Phone: 769-9421, spoke regarding zoning regulations re wildlife rehabilitation facility Nikolaus Manolakas, 905 Sherry Avenue, Phone: 620-4150, did not respond Donna Willey, 2900 Bald Eagle Bend, Phone: 650-5494, spoke regarding non-compliance of Conditional Use Permit re Piney Grove William Bailey, 211 24`h Street, Phone: 288-5761, spoke regarding pay compression ADJOURNED AT 6:40 P.M. December 4, 2018