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03-5-2019 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G,N�A.BFAC MAYOR ROBERT M. "BOBBY"DYER,At Large �� - S: VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 4.= - JESSICA P.ABBOTT,Kempsville-District 2 BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 . r•e. � SHANNON DS KANE,Rose Hall-District 3 :o•; �:_,,,,_ JOHN D.MOSS,At Large DAVID NYGAARD,Beach-District 6 of AARON R.ROUSE,At Large ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR March 5, 2019 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REM/AS CITY CLERK AMANDA BARNES E-MAIL:CITYCOUNCIL@vbgov.corn MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room - 1:00 PM A. CAVALIER SHORES PARKING DISCUSSION City Council B. FY2020 BUDGET GUIDANCE City Council II. CITY MANAGER'S BRIEFINGS A. FY 2019-2020 RESOURCE MANAGEMENT PLAN (Budget)— CAPITAL IMPROVEMENT PROGRAM (CIP) 1. ECONOMIC AND TOURISM DEVELOPMENT Kathy Warren, Manager— Strategic Growth Area (SGA) Office 2. PARKS AND RECREATION Michael Kirschman, Director—Parks and Recreation Chad Morris, Planning Design and Development Administrator—Parks and Recreation 3. BUILDINGS AND ASSETS Tom Nicholas, Facilities Engineer—Public Works 4. WATER AND SEWER UTILITIES Steve Motley, Engineering Manager—Public Utilities III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Pastor Scott Mims Good Shepherd Lutheran Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 19, 2019 G. PUBLIC HEARING 1. POLLING PLACE CHANGE Trantwood Precinct to Great Neck Baptist Church H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 10-1 re Trantwood Precinct Polling Place to Great Neck Baptist Church b. 36-85, 36-86, and 36-158 re allowing electronic manifests and taximeters in taxicabs 2. CAVALIER SHORES PARKING PROPOSALS/OPTIONS (Deferred from February 5, 2019): a. AMEND City Code Sections 21-353 and 21-354 re Residential Permit Parking Program b. AMEND City Code Sections 21-381 and 21-384 to IMPLEMENT Pilot Program re Residential Permit Parking c. ADD City Code Sections 21-361 through 21-371 to create a Temporary Construction Parking Permit Program and DESIGNATE a Temporary Construction Parking Permit Area 3. Ordinance to AUTHORIZE the acquisition of 0.18+/- acres of land from Oakwood & Lakeside Associates re Burton Station Strategic Growth Area (SGA) Project 4. Ordinance to DECLARE 6.4+/- acres of City Property located at the intersection of Princess Anne Road and Community College Place to be in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement with option for the sale of the property to Princess Anne Hotel, LLC re development of a hotel and restaurant 5. Ordinance to TRANSFER$250,000 from the Tourism Investment Program Fund to the Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water Festival 6. Resolution to DIRECT the City Manager to consider Opportunity Zones as a major factor in the Capital Improvement Program (CIP) 7. Resolution to SUPPORT the City's local commitment and ADMINISTER the Virginia Department of Transportation (VDOT)Transportation Alternatives Set-Aside Program (TAP) for FY2018-19 and FY2019-20 8. Ordinances to ACCEPT and APPROPRIATE: a. $19,393 from the Virginia Department of Criminal Justice Services to the Virginia Beach City Public Schools FY2018-19 Operating Budget re employment of a school security officer b. $30,000 donation from King's Grant Presbyterian Church to Department of Human Services and TRANSFER funds within Human Services FY2018-19 Operating Budget re construct a playground at 3432 Virginia Beach Boulevard for children temporarily in custody of Human Services 9. Ordinance to CREATE one new Full-Time Position in the Continuous Quality Improvement (CQI) Division of Department of Human Services and TRANSFER$78,434 within Human Services FY2018-19 Operating Budget re assist with human rights investigations J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 2019 CITY COUNCIL MEETINGS Tuesday, March 12 Workshop Tuesday, March 19 Formal Session Tuesday, March 26 Workshop Tuesday,April 2 Formal Session 02/28/19 pm MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room - 1:00 PM A. CAVALIER SHORES PARKING DISCUSSION City Council B. FY2020 BUDGET GUIDANCE City Council II. CITY MANAGER'S BRIEFINGS A. FY 2019-2020 RESOURCE MANAGEMENT PLAN (Budget) — CAPITAL IMPROVEMENT PROGRAM (CIP) 1. ECONOMIC AND TOURISM DEVELOPMENT Kathy Warren, Manager— Strategic Growth Area(SGA) Office 2. PARKS AND RECREATION Michael Kirschman, Director—Parks and Recreation Chad Morris, Planning Design and Development Administrator—Parks and Recreation 3. BUILDINGS AND ASSETS Tom Nicholas, Facilities Engineer—Public Works 4. WATER AND SEWER UTILITIES Steve Motley, Engineering Manager—Public Utilities III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION: Pastor Scott Mims Good Shepherd Lutheran Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 19, 2019 G. PUBLIC HEARING 1. POLLING PLACE CHANGE Trantwood Precinct to Great Neck Baptist Church a- 1)) `h CLW PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATION FOR THE TRANTWOOD PRECINCT The City Council of Virginia Beach,Virginia at its formal session on March 5,2019 at 6:00 PM will conduct a public hearing upon an ordinance to change the polling place for the Trantwood Precinct. The public hearing will be held at the City Council chambers in City Hall. If adopted, the new polling location for the Trantwood Precinct would be Great Neck Baptist Church. A copy of the aforesaid ordinance and related map may be inspected in the Voter Registrar's Office,which is located at 24.49 Princess Anne Road, Municipal Center, Building 14,Virginia Beach,Virginia,23456. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). All interested parties are invited to attend. Amanda Barnes 491 City Clerk iii Beacon:February 17 and 24,2019 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 10-1 re Trantwood Precinct Polling Place to Great Neck Baptist Church b. 36-85, 36-86, and 36-158 re allowing electronic manifests and taximeters in taxicabs 2. CAVALIER SHORES PARKING PROPOSALS/OPTIONS (Deferred from February 5, 2019): a. AMEND City Code Sections 21-353 and 21-354 re Residential Permit Parking Program b. AMEND City Code Sections 21-381 and 21-384 to IMPLEMENT Pilot Program re Residential Permit Parking c. ADD City Code Sections 21-361 through 21-371 to create a Temporary Construction Parking Permit Program and DESIGNATE a Temporary Construction Parking Permit Area 3. Ordinance to AUTHORIZE the acquisition of 0.18+/-acres of land from Oakwood& Lakeside Associates re Burton Station Strategic Growth Area(SGA) Project 4. Ordinance to DECLARE 6.4+/- acres of City Property located at the intersection of Princess Anne Road and Community College Place to be in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement with option for the sale of the property to Princess Anne Hotel, LLC re development of a hotel and restaurant 5. Ordinance to TRANSFER$250,000 from the Tourism Investment Program Fund to the Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water Festival 6. Resolution to DIRECT the City Manager to consider Opportunity Zones as a major factor in the Capital Improvement Program(CIP) 7. Resolution to SUPPORT the City's local commitment and ADMINISTER the Virginia Department of Transportation(VDOT) Transportation Alternatives Set-Aside Program (TAP) for FY2018-19 and FY2019-20 8. Ordinances to ACCEPT and APPROPRIATE: a. $19,393 from the Virginia Department of Criminal Justice Services to the Virginia Beach City Public Schools FY2018-19 Operating Budget re employment of a school security officer b. $30,000 donation from King's Grant Presbyterian Church to Department of Human Services and TRANSFER funds within Human Services FY2018-19 Operating Budget re construct a playground at 3432 Virginia Beach Boulevard for children temporarily in custody of Human Services 9. Ordinance to CREATE one new Full-Time Position in the Continuous Quality Improvement (CQI) Division of Department of Human Services and TRANSFER $78,434 within Human Services FY2018-19 Operating Budget re assist with human rights investigations \N ' 41 �J�4, yi 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATION FOR THE 3 TRANTWOOD PRECINCT 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 8 Section 10-1 of the City Code is hereby amended and reordained to read as 9 follows: 10 11 Sec. 10-1. Establishment of precincts and polling places. 12 13 There are hereby established in the city the following precincts and their 14 respective polling places, as set forth below: 15 16 Precinct Polling Place 17 18 Alanton Alanton Elementary School 19 Aragona Bayside Sixth Grade Campus 20 Arrowhead Arrowhead Elementary School 21 Avalon Woodstock Elementary School 22 Baker Ebenezer Baptist Church 23 Bayside Bayside Elementary School 24 Bellamy Salem Middle School 25 Blackwater Blackwater Fire Station 26 Bonney Discovery Church 27 Brandon Brandon Middle School 28 Brookwood Plaza Annex 29 Buckner Green Run Baptist Church 30 Cape Henry Research and Enlightenment Building (Edgar 31 Cayce Library) 32 Capps Shop Back Bay Christian Assembly 33 Centerville Centerville Elementary School 34 Chesapeake Beach Bayside Baptist Church 35 Chimney Hill Rosemont Elementary School 36 College Park College Park Elementary School 37 Colonial Colonial Baptist Church 38 Colony Lynnhaven Colony Congregational Church 39 Corporate Landing Corporate Landing Middle School 40 Courthouse Kellam High School 41 Creeds Oak Grove Baptist Church 42 Cromwell Salem United Methodist Church 43 Culver Ocean Lakes High School 44 Dahlia Green Run High School 45 Dam Neck Corporate Landing Elementary School 46 Davis Corner Bettie F. Williams Elementary School 47 Eastern Shore Eastern Shore Chapel 48 Edinburgh St. Aidan's Episcopal Church 49 Edwin Kempsville Middle School 50 Fairfield Kempsville Presbyterian Church 51 Foxfire Wave Church 52 Glenwood Glenwood Elementary School 53 Great Neck All Saints Episcopal Church 54 Green Run Green Run Elementary School 55 Haygood Haygood United Methodist Church 56 Hillcrest New Castle Elementary School 57 Holland Holland Elementary School 58 Homestead Providence Presbyterian Church 59 Hunt Princess Anne Recreation Center 60 Independence Water's Edge Church 61 Indian Lakes Indian Lakes Elementary School 62 Indian River San Lorenzo Spiritual Center 63 Kings Grant St. Nicholas Catholic Church 64 Kingston King's Grant Presbyterian Church 65 Lake Christopher New Covenant Presbyterian Church 66 Lake Joyce Morning Star Baptist Church 67 Lake Smith Bayside Church of Christ 68 Landstown Landstown Community Church 69 Larkspur St. Andrews United Methodist Church 70 Lexington Larkspur Middle School 71 Linkhorn Virginia Beach Community Chapel 72 Little Neck Lynnhaven United Methodist Church 73 London Bridge London Bridge Baptist Church 74 Lynnhaven Cape Henry Church 75 Magic Hollow Virginia Beach Moose Family Center 76 Malibu Malibu Elementary School 77 Manor Providence Elementary School 78 Mt. Trashmore Windsor Woods Elementary School 79 Newtown Good Samaritan Episcopal Church 80 North Beach Galilee Episcopal Church 81 North Landing Hope Haven 82 Ocean Lakes Ocean Lakes Elementary School 83 Ocean Park Bayside Community Recreation Center 84 Oceana The Gathering at Scott Memorial United 85 Methodist Church 86 Old Donation Calvary Baptist Church 87 Pembroke Pembroke Elementary School 88 Pinewood Lynnhaven Presbyterian Church 89 Plaza Lynnhaven Elementary School 90 Pleasant Hall Emmanuel Episcopal Church 91 Point O'View Kempsville Church of Christ 92 Red Wing Seatack Elementary 93 Rock Lake Salem Elementary School 94 Rosemont Forest Rosemont Forest Elementary School 95 Roundhill Salem High School 96 Rudee Virginia Beach Volunteer Rescue Squad 97 Building 98 Salem Woods Parkway Elementary School 99 Sandbridge Tabernacle United Methodist Church 100 Seatack Mount Olive Baptist Church 101 Shannon Church of the Ascension 102 Shelburne Christopher Farms Elementary School 103 Shell Unity Church of Tidewater 104 Shelton Park Shelton Park Elementary 105 Sherry Park St. Matthews Catholic Church 106 Sigma Red Mill Elementary School 107 South Beach Contemporary Art Center of Virginia 108 Stratford Chase Community United Methodist Church 109 Strawbridge Strawbridge Elementary School 110 Tallwood Tallwood Elementary School 111 Thalia Thalia Elementary School 112 Thoroughgood Independence Middle School 113 Timberlake White Oaks Elementary School 114 Trantwood Trantwood Elementary 115 Great Neck Baptist Church 116 Upton Three Oaks Elementary School 117 Village Thalia Lynn Baptist Church 118 Windsor Oaks Windsor Oaks Elementary School 119 Witchduck Bayside Presbyterian Church 120 Wolfsnare Virginia Beach Christian Life Center 121 Central Absentee Voter Agriculture/Voter Registrar Building 122 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i doter Registrar City Attorney's Office CA14629 R-1 February 7, 2019 MAP—TRANTWOOD PRECINCT -•-• Sho?,havI, ",... -,. ...- --".: , - Tr af(Wood Shor-s t Great Neck olalial Oaks F,I tri , Trot .z • .1,4,1 _ fr:erkshir,. ._ ...„, 17±4,1,.... 009 - Trantwood Elementary Schoolmf,:-.An, intwood1f r$,, 1 Thi' Trant,, El- Poll:ts WAVE Church SnowNor*i 048 Wolfsnare - * GI,-,t Neck Pines qiil Rut, -," Wellinaton _ Woods Noitil .., S ou tii,_1 I ,i1.-'-----4.-=,, St M.ArS1`...9/:0 j - Robinhood Points :, '35.4,0,11, - Fofest - - - -- ------k414.,:tiri'', Gre: Mn cf; uton Woods Ly1,11,v, : ..,, NY" ,"- Riv,i's , •-'.1, Move the polling location from the Trantwood Elementary School to Great Neck Baptist Church. 0Y1 toy" ..ti, f` SSI j,�, NIJi �4w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 36-85, 36-86, and 36-158 of the City Code Pertaining to Allowing Electronic Manifests and Taximeters in Taxicabs Within the City MEETING DATE: March 5, 2019 • Background: City Code § 36-85 currently requires drivers of taxicabs within the city to keep records of the origin and destination of all trips or calls. Additionally City Code § 36-86 requires every certificate holder operating taxicabs within the city to maintain a manifest or permanent records of such activities at their registered office location, to be maintained for twelve (12) months and to be made available for inspection to the police department upon request. Currently, the code requires that such records be maintained in a written format. This ordinance amends these code sections to allow such records to be maintained in either a written or electronic format. Additionally, City Code § 36-158 requires that City inspectors seal taximeters in taxicabs with a wire lead seal after each inspection and test. This ordinance amends this Section to remove what is an unnecessary requirement for taximeters that use only Global Positioning System (GPS) software to determine the distance travelled in lieu of a taximeter. • Considerations: This ordinance serves to bring City regulations with regard to taxicabs more in line with current technology • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Departmen A .ency: Police cLz,e, / City Manager: 'lb 1 AN ORDINANCE TO AMEND SECTIONS 36- 2 85, 36-86 AND 36-158 OF THE CITY CODE 3 PERTAINING TO ALLOWING ELECTRONIC 4 MANIFESTS AND TAXIMETERS IN 5 TAXICABS WITHIN THE CITY 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Sections 36-85, 36-86 and 36-185 of the Code of the City of Virginia Beach, 11 Virginia, are hereby amended and reordained to read as follows: 12 13 Sec. 36-85. - Driver's trip records. 14 15 Each driver of a taxicab shall keep a clear, neat record of the origin and destination of 16 all trips or calls, the time thereof and the fare paid therefor, which records shall be open 17 at all times to any law-enforcement officer and shall be kept for a period of one year. A 18 record required by this section may be kept or maintained in a written or electronic 19 format. 20 21 Sec. 36-86. - Central dispatch records or manifests. 22 23 Every certificate holder operating a taxicab or taxicabs under this article shall keep and 24 maintain in the city, at the place of his or her registered office location, a manifest or 25 permanent record, written or printed in ink, in a form prescribed by the chief of police, or 26 in a comparable electronic format, showing for each day the number of taxicabs 27 operated, the driver of each taxicab, the origin and destination of each trip made by 28 each taxicab, the time of each such trip and the amount charged for each such trip. The 29 manifests or records shall be delivered to the police department, upon demand of the 30 chief of police, for inspection by the chief of police or any member of the police 31 department. All such manifests and records shall be maintained for at least twelve (12) 32 months and shall be available for inspection at all reasonable times by the chief of 33 police or any member of the police department. 34 35 . . . . 36 37 Sec. 36-158. - Maintenance, inspection, testing and sealing. 38 39 (a) Taximeters installed on taxicabs operated under this article shall all be maintained in 40 good and accurate working order and shall be subject to inspection and testing, by 41 police officers or other persons designated by the city manager, at the time of 42 installation and periodically thereafter. The inspector shall seal each taximeter with a 43 wire lead seal after each inspection and test. Such sealing shall not be required for 44 taximeters that use only Global Positioning System (GPS) software to determine 45 distance traveled. 46 (b) It shall be unlawful for any person to operate, or for any owner to permit any person 47 to operate, any taxicab with a taximeter which has not been inspected and sealed in 48 accord with the section. 49 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department Cit(ttorney's Off' CA14630 R-1 February 8, 2019 „...______. 44„ °icy, 4(r- 4i F.; J�J ,GVW J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 21-353 and -354 of the City Code Pertaining to Residential Permit Parking in the Cavalier Shores Neighborhood MEETING DATE: March 5, 2019 • Background: In 2005, City Council enacted the Residential Parking Permit program in order to reduce nighttime traffic congestion within residential neighborhoods; reduce hazardous traffic conditions during nighttime hours by persons attempting to avoid use of nearby city meter-regulated parking; protect residents form unreasonable noise and disturbance during nighttime hours; protect residents from unreasonable burdens in gaining access to their residences; and preserve and protect the peace, good order, convenience and character of residential neighborhoods located in close proximity to commercial areas of the City. Residents of such neighborhoods may submit a petition requesting that the City include their neighborhood in the program. • Considerations: In 2017, residents of the Cavalier Shores Neighborhood submitted a petition to the City seeking inclusion of their neighborhood in the program, but they requested two changes to the program with respect to their neighborhood: (1) that enforcement begin at 5 p.m. instead of 8 p.m.; and (2) that employee parking permits not be authorized for their neighborhood. This ordinance would authorize those two modifications to the program for that neighborhood. On September 5, 2017, the City Council deferred this ordinance for 60 days. The applicant civic league then requested a deferral to November 20, 2018, which was approved by the Council on November 7, 2017. The applicant requested an additional deferral, and on November 20, 2018, the City Council deferred the item to February 5, 2019. On February 5, 2019, the City Council deferred the item to March 5, 2019. • Public Information: Public information will be provided through the normal Council agenda process. • Alternatives: The alternatives are: (1) provide no parking management program; (2) allow the neighborhood to participate in the current RPP Program that restricts parking from 8 p.m. to 6 a.m. daily; (3) approve the alternative Pilot Program ordinance that is also a part of the March 5t” City Council agenda; or (4) approve the Temporary Construction Parking Permit Program that is also included in the March 5th agenda. • Attachments: Ordinance. Originally Requested by Vice Mayor Wood and Councilmember Jones ORIGINALLY REQUESTED BY VICE MAYOR WOOD AND COUNCILMEMBER JONES 1 AN ORDINANCE TO AMEND SECTIONS 21-353 AND -354 2 OF THE CITY CODE PERTAINING TO RESIDENTIAL 3 PERMIT PARKING IN THE CAVALIER SHORES 4 NEIGHBORHOOD 5 6 SECTIONS AMENDED: § 21-353 and -354 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 21-353 and -354 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and reordained to read as follows: 13 14 Sec. 21-353. - Parking restrictions. 15 16 (a) In any area designated as a residential permit parking area, it shall be unlawful for 17 any person to park or otherwise leave unattended any all-terrain vehicle, bicycle, 18 electric personal assistive mobility device, electric power-assisted bicycle, electric- 19 powered wheeled device, gas-powered wheeled device, low-speed vehicle, moped 20 or similar wheeled device on the street. 21 (b) In any area designated as a residential permit parking area, it shall be unlawful for 22 any person to park any motor vehicle on the street between the hours of 8:00 p.m. 23 and 6:00 a.m. unless there is affixed to the driver's side exterior surface of the 24 windshield of such motor vehicle a valid residential parking permit; provided, 25 however, that the provisions of this Section shall not apply to emergency or 26 governmental vehicles, to delivery or service vehicles while engaged in such 27 delivery or service, or to vehicles displaying a valid guest pass plainly visible from 28 the exterior of the vehicle. 29 (c) Notwithstanding the enforcement hours set forth in subsection (b) to the contrary, 30 the hours of enforcement for the Cavalier Shores Neighborhood shall be between 31 the hours of 5:00 p.m. and 6:00 a.m. For purposes of this article, "Cavalier Shores 32 Neighborhood" refers to all on-street parking on the south side of 45th Street; the 33 alley between 45th Street and 44th Street; both sides of 44th, 43rd '/2, 43rd, and 34 42nd '/2 Streets; the north side of 42nd Street; the alley that runs parallel to the west 35 side of Atlantic Avenue from Cavalier Drive to 45th Street; and the north side of 36 Cavalier Drive between Holly Road and Ocean Front Avenue. 37 38 Sec. 21-354. - Permits generally. 39 40 (a) Following the designation of a residential permit parking area by the City Manager 41 or his designee, the City Treasurer or city's parking management office shall issue 42 annual residential parking permits for the area so designated. One (1) permit shall 43 be issued, upon application and payment of the prescribed fee, if applicable, for 44 each motor vehicle owned by a person residing on a street within the residential 45 permit parking area, or on a street within a residential area that is contiguous to the 46 residential permit parking area as specified in subsection (b). 47 (b) An applicant for a permit shall present his motor vehicle registration and operator's 48 license with the application. No permit shall be issued in the event either the 49 registration or operator's license shows an address not within a designated 50 residential permit parking area, unless the applicant demonstrates to the 51 satisfaction of the City Treasurer or city's parking management office that he is, in 52 fact, a resident of such area, or that he is a resident of a residential area which is 53 contiguous to a designated residential permit parking area and in which neither off- 54 street nor nonmeter-regulated on-street parking is available. Any applicant who is a 55 resident of such a contiguous residential area shall, upon receipt of a permit issued 56 hereunder, be permitted to park in the designated residential permit parking area. 57 Registered residential parking permit holders may obtain annual or temporary guest 58 passes by applying to either the city treasurer's office or the city's parking systems 59 management office. Temporary guest passes shall be issued and validated for up to 60 seventy-two (72) hours. 61 (c) Monthly business parking permits shall be issued by the city treasurer's office or the 62 city's parking systems management office to businesses licensed to operate in city 63 meter-regulated parking areas. A current valid business license must be presented 64 by the business owner or his designee to the city treasurer's office or to the city's 65 parking systems management office at the time a request is made for annual 66 business parking permits. The number of permits issued to a single business shall 67 be limited to the maximum number of employees required to work after 8:00 p.m. or, 68 in the case of a lodging facility, the number of rooms within such lodging facility that 69 do not have on-site parking, whichever is greater. Employees of businesses eligible 70 for parking permit passes under this Division may purchase employee parking 71 permit passes directly from the city treasurer's office or city's parking management 72 office after verification of employment with an eligible business. No permit, however, 73 shall be issued pursuant to this subsection for employee parking in the Cavalier 74 Shores Neighborhood. 75 (d) Permits issued pursuant to subsection (a) shall not be transferable, and may be 76 revoked in the event the City Treasurer determines that the owner of the vehicle for 77 which a permit has been issued no longer resides in the residential permit parking 78 area. Upon written notification of such revocation, the holder of the permit shall 79 surrender such permit to the City Treasurer. The willful failure to surrender such 80 permit shall be punishable by a fine in the amount of twenty-five dollars ($25.00). 81 (e) Permits issued pursuant to subsection (c) shall be transferable, and may be 82 revoked in the event the City Treasurer's office determines that the number of 83 permits exceeds the allowable number according to the criteria set forth in 84 subsection (c). 85 (f) A replacement permit shall be issued upon proof of loss, theft or damage of the 86 original permit, and payment of the replacement fee prescribed in Section 21-359. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: —'0- .‘-.rZ; ,___ Deputy City Attorney R rick R. Ingram City Attorney's Office CA14067 R-3 January 29, 2019 cr'H , f:,-,i Si CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: An Ordinance to Implement a Temporary Pilot Program by Adding Sections 21- 381 to 21-384 to the City Code Pertaining to Residential Permit Parking in the Historic Cavalier Shores Neighborhood MEETING DATE: March 5, 2019 • Background: This item is offered to address concerns raised by the Cavalier Shores Civic League and its residents regarding on-street public parking on the 200 blocks of 43rd, 44th, and 45th streets. In 2017, the civic league requested that the City Council adopt a modified Residential Parking Permit ("RPP") Program in this area. That request was deferred four times and is also part of the March 5th Council agenda. The civic league is concerned about extended periods of high parking occupancy on these streets during both daytime and nighttime hours as a result of a nearby multi-year hotel construction project. This area is also used for parking by residents and beachgoers. • Considerations: To address the unique needs of the neighborhood during this time, a three-year pilot project could be implemented that restricts parking duration to three hours on the 200 blocks of 43rd, 44th, and 45th streets between Holly Avenue and Atlantic Avenue. Permit holders would be exempt from the restriction. Vehicles that park in excess of three hours without a permit or guest pass would be issued a citation. The 100 Block of Cavalier Shores joined the existing RPP program in the fall of 2018. A prior version of this ordinance was presented to the City Council on February 5, 2019, but Council deferred the ordinance for one month. This version has been revised (1) by adding "whereas" clauses that detail the neighborhood's unique history and historical status; and (2) given the uniqueness of this temporary pilot program, the ordinance provisions are now set forth in a proposed new division of the City Code, separate and apart from the division that contains the City's longstanding Residential Parking Permit Program. • Public Information: Information regarding the new pilot project will be provided through the normal agenda process. • Alternatives: The alternatives are: (1) provide no parking management program; (2) allow the neighborhood to participate in the current RPP Program that restricts parking from 8 p.m. to 6 a.m. daily; (3) adopt the 2017 proposal referenced above that previously was deferred by the City Council; or (4) approve the Temporary Construction Parking Permit Program that is also included in the March 5th agenda. • Attachments: Ordinance and sign mock-up. Submitting Departme. • ; •ency: Strategic Growth Area Office/PlanninDepartment City Manager: 1 AN ORDINANCE TO IMPLEMENT A TEMPORARY PILOT 2 PROGRAM BY ADDING SECTION 21-381 TO 21-384 TO 3 THE CITY CODE PERTAINING TO RESIDENTIAL PERMIT 4 PARKING IN THE HISTORIC CAVALIER SHORES 5 NEIGHBORHOOD 6 7 SECTIONS ADDED: § 21-381 through 21-384 8 9 WHEREAS, the Virginia Department of Historic Resources recently added the 10 Cavalier Shores Historic District, which is comprised of the Cavalier Shores 11 neighborhood, to the Virginia Landmarks Register, noting: 12 13 The Cavalier Shores Historic District in Virginia Beach began in 1927 as a 14 housing development sponsored by the city's now-iconic Cavalier Hotel, 15 which opened that same year. While the neighborhood's direct link to the 16 hotel has since faded, a brick promenade leading to a gate to the hotel 17 grounds recalls the earlier connection. Cavalier Shores is an example of 18 coastal suburban development during the first half of the 20th century. Its 19 dense housing dating to the era indicates the neighborhood's early 20 popularity and subsequent growth. Its seven blocks of houses are 21 predominated by Colonial Revival style designs, with Tudor Revival and 22 Minimal Traditional. Lining the neighborhood's alleyways are a complement 23 of rear garages and guesthouses, the latter a common feature of coastal 24 developments of the era. The district also conveys a sense of beautification 25 and landscaping, a defining aspect of the neighborhood since the 1920s. 26 Most of the district's lots were developed by the late 1960s. Today, Cavalier 27 Shores is a rare collection of early-20th century residential architecture in 28 Virginia Beach. 29 30 WHEREAS, the Virginia Department of Historic Resources has forwarded 31 documentation for the Cavalier Shores Historic District to the National Register of Historic 32 Places; 33 34 WHEREAS, as noted by the Virginia Department of Historic Resources, Cavalier 35 Shores is a unique area that consists of"dense housing" dating to an era when driveways 36 were less common, and current residents of Cavalier Shores require on-street parking for 37 their vehicles; 38 39 WHEREAS, the ability of the residents to park their vehicles on the street adjacent 40 to or near their homes has been severely impacted as a result of the multi-year 41 construction associated with the Cavalier Hotel project; 42 43 WHEREAS, the City Council desires to address the unique needs of this historic 44 neighborhood during the time of construction by implementing a temporary pilot 45 program—separate and apart from the current Residential Parking Permit Program—to 46 address the parking needs of Cavalier Shores residents. 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 49 OF VIRGINIA BEACH, VIRGINIA: 50 51 That Sections 21-381 to -384 of the Code of the City of Virginia Beach, Virginia, 52 are hereby added and ordained to read as follows: 53 54 DIVISION 5. — Cavalier Shores Residential Permit Parking Pilot Program 55 56 Sec. 21-381. - Objectives. 57 58 This Division is adopted as a temporary pilot program in order to mitigate traffic 59 congestion and parking scarcity on public streets within the Cavalier Shores 60 neighborhood adjacent to an ongoing construction project. 61 62 Sec. 21-382. - Definitions. 63 64 As used in this Division: 65 66 (a) Motor Vehicle shall have the meaning set forth in § 46.2-100 of the State Code, 67 and shall also include mopeds and motorcycles, as defined therein. 68 69 (b) Cavalier Shores Neighborhood refers to all on-street parking on the south side 70 of 45th Street; the alley between 45th Street and 44th Street; both sides of 44th, 71 43rd 1/2, 43rd, and 42nd 1/2 Streets; the north side of 42nd Street; the alley that 72 runs parallel to the west side of Atlantic Avenue from Cavalier Drive to 45th 73 Street; and the north side of Cavalier Drive between Holly Road and Atlantic 74 Avenue. 75 76 Sec. 21-383. - Parking restrictions. 77 78 (a) It shall be unlawful for any person to park or otherwise leave unattended any all- 79 terrain vehicle, bicycle, electric personal assistive mobility device, electric power- 80 assisted bicycle, electric-powered wheeled device, gas-powered wheeled device, 81 low-speed vehicle, moped or similar wheeled device on any street in the Cavalier 82 Shores Neighborhood. 83 (b) It shall be unlawful for any person to park a motor vehicle on any street in the Cavalier 84 Shores neighborhood, where notice of these restrictions have been conspicuously 85 posted in accordance with this division, for longer than a three-hour period in any day 86 unless there is affixed to the driver's side exterior surface of the windshield of such 87 motor vehicle a valid residential parking permit or a temporary guest pass as 88 authorized by subsection 21-354(b) hanging from the rearview mirror. 89 90 Sec. 21-384. - Permits generally. 91 92 The City Treasurer or the city's parking management office shall issue residential parking 93 permits pursuant to this division in accordance with the procedures set forth in section 94 21-354. However, no permit shall be issued pursuant to this section for employee parking 95 in the Cavalier Shores Neighborhood. 96 97 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 98 VIRGINIA BEACH, VIRGINIA: 99 100 That the effective date of this ordinance shall be April 5, 2019, and that, absent 101 additional action by the City Council to the contrary, this ordinance shall automatically 102 sunset and expire on April 1 , 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Str gic Growth Area Office City Attorney's Office CA14604 R-3 February 26, 2019 3HR PARKING MAX PER DAY IN ZONE ZONE IS 43RD , 44T" & 45T" STREETS PERMIT HOLDERS EXEMPT TOWING ENFORCED TOW INFO 385-3111 �S�`N . O ¢T FE _i.i CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Add Sections 21-361 Through 21-371 to the City Code Creating the Temporary Construction Parking Permit Program (2) A Resolution to Designate a Temporary Construction Parking Permit Area MEETING DATE: March 5, 2019 • Background: The creation of a Temporary Construction Parking Permit Program is offered as an alternative to address the parking hardships currently experienced by residents of the Cavalier Shores neighborhood, and it also could apply to other neighborhoods in the future that experience an undue burden due to adjacent commercial construction projects. A resolution designating a neighborhood for the Temporary Construction Parking Permit program is temporary in nature. A resolution must fix a start date no earlier than one month following the passage of the resolution and an end date no later than one year following the passage of the resolution. In any area designated as a temporary construction parking permit area, it shall be unlawful for any person to park for longer than a three-hour period in a day unless there is a valid temporary parking permit or temporary guest pass on the vehicle. These restrictions would not apply on weekends or those holidays defined in City Code § 2-83. • Considerations: The attached ordinance creates the Temporary Construction Parking Permit Program. This program is intended to mitigate traffic congestion and parking scarcity on public streets within residential neighborhoods adjacent to ongoing commercial construction. The program is intended to protect residents from the unreasonable burdens in gaining access to their residences for the period of time designated in a resolution specific to such neighborhood. If Council adopts the Temporary Construction Parking Permit Program, there is a resolution in this agenda package to designate Cavalier Shores for status as a temporary construction parking permit area. The construction related to the ongoing Cavalier Hotel project has created increased parking demands and burdens upon the Cavalier Shores neighborhood. The Cavalier Shores designation would commence 30 days after adoption and end one year from adoption or at such time as the City Council determines, by resolution, that the construction project has ended and no longer imposes an undue burden on the neighborhoods. The description of the Cavalier Shores neighborhood does not include the 100 block of Cavalier Shores (East of Atlantic Avenue) because that block is covered by the Resort Parking Permit Program. • Public Information: Public information will be provided through the normal Council agenda process. There was a public input opportunity for this item and the alternative listed below at the February 19, 2019 Council Formal Session. • Alternatives: The other alternatives before the City Council regarding parking at the Cavalier Shores neighborhood are: (1) provide no parking management program; (2) allow the neighborhood to participate in the current RPP Program that restricts parking from 8 p.m. to 6 a.m. daily; (3) adopt the alternative Pilot Program ordinance also on the March 5th City Council agenda; or (4) adopt the previously deferred 2017 proposal for Cavalier Shores extending hours and excluding employee permits that is also on the March 5th City Council agenda. • Attachments: Ordinance; Resolution REQUESTED BY COUNCILMEMBER NYGAARD ALTERNATIVE ORDINANCE REQUESTED BY COUNCILMEMBER NYGAARD 1 AN ORDINANCE TO ADD SECTIONS 21-361 THROUGH 2 21-371 TO THE CITY CODE CREATING THE TEMPORARY 3 CONSTRUCTION PARKING PERMIT PROGRAM 4 5 SECTIONS ADDED: § 21-361 through 21-371 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Sections 21-361 through 21-371 are hereby added to the City Code of the 11 City of Virginia Beach, Virginia, to create the Temporary Construction Parking Permit 12 Program with such sections to read as follows: 13 14 DIVISION 4. TEMPORARY CONSTRUCTION PARKING PERMIT PROGRAM 15 16 Sec. 21-361. — Objectives. 17 18 This Division is adopted in order to mitigate traffic congestion and parking scarcity 19 on public streets within residential neighborhoods adjacent to ongoing commercial 20 construction projects; to protect the residents of neighborhoods adjacent to ongoing 21 commercial construction projects from unreasonable burdens in gaining access to their 22 residences; and to protect and preserve the peace, good order, convenience and 23 character of residential neighborhoods located adjacent to ongoing commercial 24 construction projects. 25 26 Sec. 21-362. — Definitions. 27 28 As used in this Division: 29 30 tgi Motor Vehicle shall have the meaning set forth in § 46.2-100 of the State Code, 31 and shall also include mopeds and motorcycles, as defined therein. 32 33 Residence shall mean a single-family dwelling or a dwelling unit, as defined in 34 Section 111 of the City Zoning Ordinance [Appendix Al. 35 36 Temporary Construction Parking Permit Area shall mean a geographic area 37 designated by resolution of the City Council as described in Section 21-363. 38 39 ( Commercial Construction shall mean construction other than single family 40 residential or duplex residential construction and with a construction cost of 41 more than $5 million. 42 43 (e) Ongoing Construction shall mean commercial construction projects that have 44 not yet received a certificate of occupancy. 45 46 Sec. 21-363. — Designation of Temporary Construction Parking Permit Area. 47 48 The City Council may, by resolution, designate one or more geographic areas 49 adjacent to an ongoing construction project as a Temporary Construction Parking Permit 50 Area. The resolution making such designation shall specify a fixed period of time during 51 which the designation shall be in effect beginning no earlier than thirty (30) days following 52 passage of the resolution. The resolution shall provide an ending date for such 53 designation which shall be no later than one year following the passage of the resolution 54 unless otherwise specified in such resolution. 55 56 Sec. 21-364. — Parking Restrictions. 57 58 (a) In any area designated as a Temporary Construction Parking Permit Area, it shall 59 be unlawful for any person to park or otherwise leave unattended any all-terrain 60 vehicle, bicycle, electric personal assistive mobility device, electric power-assisted 61 bicycle, electric-powered wheeled device, gas-powered wheeled device, low- 62 speed vehicle, moped or similar wheeled device on the street. 63 64 (b) In any area designated as a Temporary Construction Parking Permit Area, it shall 65 be unlawful for any person to park any Motor Vehicle on a street anywhere within 66 the Temporary Construction Parking Permit Area for longer than a three (3) hour 67 period in a day unless there is a valid temporary parking permit or temporary quest 68 pass plainly visible from the exterior of the vehicle. 69 70 (c) The provisions of subsection b of this section shall not apply on weekends or 71 holidays as enumerated in subsections (1) through (10) of Section 2-83. 72 73 (d) The prohibitions in this section shall not apply to emergency or governmental 74 vehicles or to delivery or service vehicles serving the residential community while 75 engaged is such service or delivery. 76 77 Sec. 21-365. — Permits Generally. 78 79 (a) Following the designation of a Temporary Construction Parking Permit Area, the City 80 Treasurer or city's parking management office shall issue temporary parking permits 81 for the area so designated. One (1) permit shall be issued, upon application and 82 payment of the prescribed fee, if applicable, for each motor vehicle owned by a 83 person residing on a street within the Temporary Construction Parking Permit Area, 84 or on a street within a residential area that is contiguous to the Temporary 85 Construction Parking Permit Area as specified in subsection (b). 86 87 (b) An applicant for a permit shall present his motor vehicle registration and operator's 88 license with the application. No permit shall be issued in the event either the 2 89 registration or operator's license shows an address not within a Temporary 90 Construction Parking Permit Area, unless the applicant demonstrates to the 91 satisfaction of the City Treasurer or city's parking management office that he is, in 92 fact, a resident of such area, or that he is a resident of a residential area which is 93 contiguous to a Temporary Construction Parking Permit Area and in which neither 94 off-street nor nonmeter-regulated on-street parking is available. Any applicant who is 95 a resident of such a contiguous Temporary Construction Parking Permit Area shall, 96 upon receipt of a permit issued hereunder, be permitted to park in the Temporary 97 Construction Parking Permit Area. Registered temporary construction parking permit 98 holders may obtain temporary quest passes by applying to either the city treasurer's 99 office or the city's parking systems management office. Temporary guest passes shall 100 be issued and validated for up to seventy-two (72) hours. 101 102 (c) Permits issued pursuant to subsection (a) shall not be transferable, and may be 103 revoked in the event the City Treasurer determines that the owner of the vehicle for 104 which a permit has been issued no longer resides in the Temporary Construction 105 Parking Permit Area. Upon written notification of such revocation, the holder of the 106 permit shall surrender such permit to the City Treasurer. The willful failure to 107 surrender such permit shall be punishable by a fine in the amount of twenty-five 108 dollars ($25.00). 109 110 (d) A replacement permit shall be issued upon proof of loss, theft or damage of the 111 original permit, and payment of the replacement fee prescribed in Section 21-370. 112 113 Sec. 21-366. — Signs. 114 115 Following the designation of a Temporary Construction Parking Permit Area, the 116 traffic engineer shall cause to be posted in appropriate locations within such areas such 117 signs indicating the restrictions set forth in Section 21-364. 118 119 Sec. 21-367. — Unauthorized use or display of permit. 120 121 It shall be unlawful for any person to use or display, or to allow to be used or 122 displayed, a permit issued under this Division upon any vehicle other than the vehicle for 123 which the permit was issued. 124 125 Sec. 21-368. — Obtaining permit by false pretenses. 126 127 It shall be unlawful for any person to falsely represent himself as eligible for a 128 permit under this Division or to furnish any false information in, or in conjunction with, an 129 application for a temporary construction parking permit. 130 131 Sec. 21-369. — Penalties for violation of restrictions. 132 133 (a) When a notice or citation is attached to a vehicle parked in violation of Section 21- 134 364, the owner may within fourteen (14) calendar days thereafter, pay to the City 3 135 Treasurer, in satisfaction of such violation, a penalty of seventy dollars ($70.00). If 136 such payment is not postmarked or received by the City Treasurer within fourteen 137 (14) calendar days after receipt of such notice or citation, the penalty therefore 138 shall be one hundred forty dollars ($140.00). Additionally, any vehicle parked in 139 violation of Section 21-364 may be towed at the direction of a law enforcement 140 officer. 141 142 (b) The failure of any owner to make payment in accordance with subsection (a)above 143 or to present the notice or citation for a violation of Section 21-364 at an office of 144 the City Treasurer for certification to the General District Court within thirty (30) 145 days shall render such owner subject to a fine of not more than fifty dollars ($50.00) 146 in addition to the penalty set forth in subsection (a) above. 147 148 A violation of Section 21-367 or 21-368 shall be punishable by a fine in an amount 149 not to exceed one hundred dollars ($100.00). 150 151 Sec. 21-370. — Fees. 152 153 Fees required under this Division shall be set in an amount to be determined by the City 154 Manager or his designee. For a temporary quest permit, no fee. No more than two (2) 155 temporary guest permits shall be issued per week per residence. The city's parking 156 systems management office may consider requests for more than two (2) temporary 157 quest permits per week per residence on a case-by-case basis. 158 159 Sec. 21-371. — Appointees to enforce parking regulations. 160 161 The City Manager shall be authorized to appoint city personnel and/or personnel 162 serving under contract with the City, in addition to regular police officers of the city, to 163 enforce the provisions of this Division. Such personnel shall, while performing their duties 164 pursuant to this Division, wear a uniform prescribed by the City Manager. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 14619 R-3 February 13, 2019 4 REQUESTED BY COUNCILMEMBER NYGAARD 1 A RESOLUTION TO DESIGNATE A TEMPORARY 2 CONSTRUCTION PARKING PERMIT AREA 3 4 WHEREAS, the construction related to the Cavalier Hotel project has created 5 increased parking demands upon the Cavalier Shores neighborhood necessitating the 6 designation of such neighborhood for the Temporary Construction Parking Permit 7 Program; 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 12 That a Temporary Construction Parking Permit Area is hereby designated for 13 purposes of City Code § 21-363 in the following area: 14 15 Cavalier Shores: the south side of 45th Street; the alley between 45th Street and 16 44th Street; both sides of 44th, 43rd 1/2, 43rd, and 42nd 1/2 Streets; the north side 17 of 42nd Street; the alley that runs parallel to the west side of Atlantic Avenue from 18 Cavalier Drive to 45th Street; and the north side of Cavalier Drive between Holly 19 Road and Atlantic Avenue. 20 21 That the designation for Cavalier Shores set forth above shall commence thirty 22 (30) days from the adoption of this resolution and shall end on March 5, 2020, which is 23 one year from the date of adoption, or at such time as the City Council determines by 24 resolution that the construction project has ended and no longer imposes an undue 25 burden on the neighborhood. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: 4WArney's Office CA14620 R-3 February 28, 2019 `NU. F° rs� fis� CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to authorize the acquisition of 0.18+/- acres of land, known as GPINs 1459-71-4479 and 1459-71-6441, located in Burton Station from Oakwood & Lakeside Associates MEETING DATE: March 5, 2019 • Background: Oakwood & Lakeside Associates, a Virginia general partnership ("Oakwood"), owns two parcels of unimproved property comprising approximately 0.18 acres of land located in Burton Station (collectively, the "Property"). Oakwood had inquired into whether the City would be interested in purchasing due to other City acquisitions in the area. The Burton Station Strategic Growth Area (SGA) Project includes acquisition by the City in order to assemble property for implementation of the Burton Station SGA Plan. Adjacent to these two parcels, the City owns several parcels of land with the intention of facilitating light industrial development to meet the goals of the Burton Station SGA Plan. A recent plan update was adopted by City Council November, 2018 which reflects existing conditions and recommends a blend of mixed-use, commercial and light industrial development. • Considerations: City staff and Oakwood have reached an agreement, subject to Council approval, on the purchase price and the terms of the acquisition. The agreed purchase price is $16,000 and is recommended to be funded from CIP 9- 081 (Strategic Growth Area Projects). • Public Information: Advertisement of City Council Agenda and advertisement of public hearing. Virginia Code Section 15.2-1802 requires a public hearing when a locality acquires land for the development thereon of business and industry. A public hearing was held on February 19, 2019. • Alternatives: Decline to acquire the Property. • Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Department/Agency: SGA Office ���,i�;v,, City Manager: 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF 0.18+/- ACRES OF LAND, 3 KNOWN AS GPINS 1459-71-4479 AND 1459- 4 71-6441, LOCATED IN BURTON STATION 5 FROM OAKWOOD & LAKESIDE 6 ASSOCIATES 7 8 WHEREAS, Oakwood & Lakeside Associates, a Virginia general partnership 9 ("Oakwood"), owns two parcels of unimproved property comprising approximately 10 7,713.86 square feet (+/- 0.18 acres) located in Burton Station in the City of Virginia 11 Beach, Virginia (collectively, the "Property"), as further described on Exhibit A, attached 12 hereto and incorporated herein; 13 14 WHEREAS, Oakwood desires to convey the Property to the City of Virginia 15 Beach (the "City") for $16,000; 16 17 WHEREAS, the City has determined that the acquisition of the Property would 18 further the City's goals associated with the implementation of the Burton Station 19 Strategic Growth Area Plan; 20 21 WHEREAS, funding for the acquisition is available in the Strategic Growth Area 22 Projects, CIP 9-081 ; and 23 24 WHEREAS, Oakwood has agreed to convey the Property to the City in 25 accordance with the Summary of Terms attached hereto as Exhibit B, and incorporated 26 herein. 27 28 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 29 VIRGINIA: 30 31 1. That the City Council authorizes the acquisition of the Property by 32 purchase pursuant to § 15.2-1800 and § 15.2-1802 of the Code of Virginia (1950), as 33 amended, which Property is generally identified as GPINs 1459-71-4479 and 1459-71- 34 6441 and further described on Exhibit A. 35 36 2. That the City Manager or his designee is further authorized to execute all 37 documents that may be necessary or appropriate in connection with the purchase of the 38 Property, so long as such documents are in accordance with the Summary of Terms 39 attached hereto as Exhibit B and made a part hereof, and such other terms, conditions 40 or modifications as may be acceptable to the City Manager and in a form deemed 41 satisfactory by the City Attorney. 42 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 45 of , 2019. CA12576 R-1 PREPARED: 2/6/19 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM I SGA OFFICE CIi TTa - EY APPROVED AS TO AVAILABILITY OF FUNDS 1,7,/1/2 /" FINANCE EXHIBIT "A" Legal Description GPIN: 1459-71-4479 All those certain lots, pieces or parcels of land, together with the improvements thereon, former owner unknown and escheated to the Commonwealth of Virginia, situate, lying and being in the City of Virginia Beach, Virginia, more particularly known as "Lots 2 and 3, Oakwood, Tax or Parcel Number B-4-1-20-2". GPIN: 1459-71-6441 All that certain lot, piece or parcel of land, together with the improvements thereon, former owner unknown and escheated to the Commonwealth of Virginia, situate, lying and being in the City of Virginia Beach, Virginia, more particularly known as "Lot 10, Oakwood, Tax or Parcel Number B-4-2-40-10". IT BEING the same property conveyed to Oakwood & Lakeside Associates, a Virginia general partnership, by deed dated June 24, 1980 from John N. Dalton, Esquire, Governor of the Commonwealth of Virginia and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2182, at page 371 (Lots 2 and 3); and by Deed recorded in the aforesaid Clerk's Office in Deed Book 2182, at page 372 (Lot 10). By Quit Claim Deed dated November 30, 1995, Nancy R. Miller, married, Quitclaims, Remises and Releases all right title and interest in said property to Alton A. Miller, general partner of Oakwood & Lakeside Associates, a Virginia general partnership, pursuant to a Property Settlement Agreement, and recorded in the aforesaid Clerk's Office in Deed Book 3629, at page 1486. EXHIBIT "B" SUMMARY OF TERMS OWNER: Oakwood & Lakeside Associates, a Virginia general Partnership BUYER: City of Virginia Beach PROPERTY: Approximately 0.18+/- acres of land, known as GPINs 1459-71- 4479 and 1459-71-6441, located in Burton Station CONSIDERATION: $16,000 SOURCE OF FUNDS: CIP 9-081 ADDITIONAL TERMS: • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale. • Seller shall pay its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. w 74 , ; : F W 0 13 O 44 w o = • , } yam 4. '4411 WWti � o 0 • O 4. 1 o Z • a Q a) - w r • U' :lir �� a � w44 s ce ZOQ c Oo t t *ix> n 411 , UF' Q �q't o 0 4. H O a) 1 ,"11 - '•-c*it'I® zaZ , :f ' 440 14* CL. LI • UJ f:'-, 0 Q' .441 O • 46.44/,' ..4143* . 441* " ' . .'A .' ;441 " 111114.11111P 441111/44' 7 ti. T. It . . „._ , __race .40 .... .•.... 4 ' ' • 81.111** 1 c''''''ji///k±j:ltllijNiaIIIIP.. 44 . , '•r• • ,r_ (icy Qa 38O1S 83111W �8 4114% 1 i «.. c' / ' .- a 10 ir .-- ...... CO U_ a Z o °' (/) ao �� a as.ONiads �o _ anrowno r o C,,,,,6„yby 4C. cof r4,04„ 5 a W O m a s ,� / W T � .,I .( J •, ' 0 p Virginia Beach APPLICANT'S NAME 006<--) c% DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City 1 Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning � Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness — - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 Lam" / 1 Virginia Beach CCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. (^I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Oakwood and Lakeside Associat If an LLC, list all member's names: Partnership of C.S. Hines, Alton Miller and Bruce Murphy If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND D THEN. complete the following. (A) List the Property Owner's name:Oakwood and Lakeside Associat€ If an LLC, list the member's names: Partnership of C.S. Hines, Alton Miller and Bruce Murphy Page 2 of 7 li1/4/B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 .‘13 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 15<1 Accounting and/or preparer of your tax return n n Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than LJX the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n (� purchaser of the subject property I /\I (identify purchaser(s) and purchaser's service providers) I I n Construction Contractors I� X Engineers / Surveyors/Agents Financing (include current 111 ii mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) gLegal Services Real Estate Brokers / a Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 NIB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. C.S. Hines /r18 APPLICANTS SIGNATURE PRINT NAME !DATE Page 5 of 7 "NB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) f�l Accounting and/or preparer of your tax return n Architect/ Landscape Architect/ Land Planner � Contract Purchaser (if other than nISI the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed I�I (x/1 purchaser of the subject property �/�� (identify purchaser(s) and purchaser's service providers) X Construction Contractors T j Engineers /Surveyors/Agents Financing (include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 111 Legal Services Real Estate Brokers / ❑ X' Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. C.S. Hines G_ PROPERTY OWNER'S SIGNATURE PRINT NAME DATE • —_._._ Page 7 of 7 (t ( si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Approximately 6.4 Acres of City Property Located at the Intersection of Princess Anne Road and Community College Place to be in Excess of the City's Needs and 2) Authorizing the City Manager to Enter Into a Purchase Agreement with Option for the Sale of the Property to Princess Anne Hotel, LLC for the Development of a Hotel and Restaurant MEETING DATE: March 5, 2019 • Background: The City of Virginia Beach (the "City") owns two parcels of property located at the intersection of Princess Anne Road and Community College Place, adjacent to Tidewater Community College, consisting of approximately 6.4 acres (GPINs: 1485-34-9414 and 1485-44-2154) (collectively, the "Property"). On April 30, 2017, the City issued a Request for Proposals for the sale of a portion of the Property and development of a hotel and related site improvements compatible with the surrounding community. After consideration of the 2 responsive proposals, the City determined that Princess Anne Hotel, LLC, a Virginia limited liability company ("PA Hotel") presented the best opportunity to develop the Property. PA Hotel proposes to purchase a 3.9+/- acre portion of the Property for the construction of a limited service hotel, with a minimum of 110 rooms, and a free- standing restaurant (the "Project"). PA Hotel has also requested the option to purchase the remaining 2.5+/- acres of the Property for the construction of a second hotel, which would include conference space. City staff and PA Hotel have negotiated the terms and conditions by which PA Hotel would purchase a portion of the Property and obtain the option to purchase the remainder of the Property from the City. The term sheet is attached to the Ordinance as Exhibit A. ■ Considerations: PA Hotel would be responsible for all costs associated with designing, constructing and equipping the Project, including extension of sewer and stormwater improvements to the Property (the "Utility Extension"). The City would reimburse PA Hotel for the actual costs for the Utility Extension up to $475,000, subject to appropriation of sufficient funds by City Council. The Project would be designed in a manner consistent with the Princess Anne Commons Architectural Guidelines. The Project would provide much needed hotel accommodations in this area of the City. • Public Information: A public hearing, as required by Section 15.2-1800 Code of Virginia, was held on February 19, 2019, and advertisement of the City Council Agenda. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to sell the Property and grant the option to purchase, subject to the terms and conditions set forth in the term sheet, and such other terms, conditions or modifications as may be satisfactory to the City Council. • Attachments: Ordinance, Term Sheet, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Economic Development qedl ' , City Manager: , 1 AN ORDINANCE 1) DECLARING APPROXIMATELY 6.4 2 ACRES OF CITY PROPERTY LOCATED AT THE 3 INTERSECTION OF PRINCESS ANNE ROAD AND 4 COMMUNITY COLLEGE PLACE TO BE IN EXCESS OF 5 THE CITY'S NEEDS AND 2) AUTHORIZING THE CITY 6 MANAGER TO ENTER INTO A PURCHASE AGREEMENT 7 WITH OPTION FOR THE SALE OF THE PROPERTY TO 8 PRINCESS ANNE HOTEL, LLC FOR THE DEVELOPMENT 9 OF A HOTEL AND RESTAURANT. 10 11 WHEREAS, the City of Virginia Beach (the "City") owns two parcels of property 12 located at the intersection of Princess Anne Road and Community College Place, 13 adjacent to Tidewater Community College, consisting of approximately 6.4 acres 14 (GPINs: 1485-34-9414 and 1485-44-2154) (collectively, the "Property"); 15 16 WHEREAS, the City issued a Request for Proposals ("RFP") on April 30, 2017 17 for the sale of a portion of the Property and development of a hotel and related site 18 improvements; 19 20 WHEREAS, the City received two responsive proposals, and after review and 21 evaluation, it was determined that the proposal of Princess Anne Hotel, LLC, a Virginia 22 limited liability company ("PA Hotel"), presented the best opportunity to develop the 23 Property as desired by the City; 24 25 WHEREAS, PA Hotel's proposal includes the purchase of a portion of the 26 Property for the construction of a limited service hotel, with a minimum of 110 rooms, 27 and a free-standing restaurant (the "Project"); 28 29 WHEREAS, PA Hotel has also requested the option to purchase the remainder of 30 the Property for the construction of a second hotel, which would include conference 31 space; 32 33 WHEREAS, PA Hotel and City staff have negotiated the terms by which PA Hotel 34 would purchase and develop the Property, the terms of which are set forth in the term 35 sheet attached hereto as Exhibit A (the "Term Sheet"); and 36 37 WHEREAS, the City Council is of the opinion that the Property is in excess of the 38 City's needs and the sale of the Property to PA Hotel would provide much needed 39 accommodations in this area of the City. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 1. That the Property is hereby declared to be in excess of the needs of the City of 45 Virginia Beach. 46 2. That the City Manager is hereby authorized to execute any documents 47 necessary to sell the Property to PA Hotel (including granting an option to purchase), so 48 long as such documents are in substantial conformity with the Term Sheet, attached 49 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 50 modifications deemed necessary and sufficient by the City Manager and in a form 51 deemed satisfactory by the City Attorney. 52 53 This Ordinance shall be effective from the date of its adoption. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 56 of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Eco : is Development City Attorney's Office CA 14430 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D030\P011\00013007.DOC R-1 February 22, 2019 EXHIBIT A 12-21-18 TERM-SHEET PRINCESS ANNE COMMONS HOTEL Representatives of the City of Virginia Beach (the "City") and Princess Anne Hotel, LLC ("PA Hotel")have discussed the development of a limited service hotel to be constructed adjacent to the Virginia Beach campus of Tidewater Community College in the Princess Anne Commons area of Virginia Beach(the"Project"). This Term-Sheet is intended to reflect the shared understanding of all parties and their respective commitments going forward. The Term-Sheet is not intended to be a legally binding agreement, and all proposals outlined are subject to approval and future appropriation by City Council and approval by PA Hotel. 1. PROJECT DESCRIPTION a. The Project will be developed on approximately 3.90 acres of property currently owned by the City and shown as the "Hotel Property" on Exhibit A attached hereto. b. The Hotel Property is adjacent to an approximately 2.51 acre parcel of City- owned land"Option Property" (also shown on Exhibit A). c. The Project will consist of a limited service hotel with at least 110 keys (the "Hotel"), a free-standing restaurant (the "Restaurant") and all infrastructure (including stormwater and parking)necessary for the operation of the Hotel and the Restaurant. d. The Hotel will initially be a Home2 Suites by Hilton or similar flag acceptable to the City. The Restaurant will initially be a national restaurant chain or other restaurant reasonably acceptable to the City. 2. SALE TERMS a. PA Hotel will purchase the Hotel Property from the City prior to the commencement of construction on the Hotel. The terms of the purchase will be evidenced by a"Purchase Agreement". b. City will sell the Hotel Property to PA Hotel for five hundred and seventy-eight thousand dollars per acre ($578,000/acre). c. PA Hotel will be responsible for all costs associated with designing, constructing, accessing and equipping the Project. d. PA Hotel shall be responsible for the extension of sewer force mains,public water line(s) and stormwater outfall pipe(s) to the Hotel Property (the "Utility 1 12-21-18 Extension"). The City shall reimburse PA Hotel's actual costs for the Utility Extension up to $475,000. The parties will enter into a cost participation agreement in an approved form to be attached to the Purchase Agreement to document the Utility Extension and payment therefore. e. The City shall not be responsible for any other costs or expenses related to the development of the Hotel Property or the Option Property. f. The Project will be designed in a manner consistent with the Princess Anne Commons Architectural Guidelines, attached hereto as Exhibit B. g. The Hotel Property will be restricted to prevent any use other than for the operation of a hotel and/or restaurant and ancillary uses thereto for a period of twenty (20) years. h. All design and construction plans must be reviewed and approved by the City. 3. OPTION PROPERTY a. The City shall grant PA Hotel a first right of refusal to acquire the Option Property (the "Option") for the purpose of constructing a second hotel which will be evidenced either in the Purchase Agreement or in a separate "Option Agreement". b. As a condition to the grant of the Option, PA Hotel shall construct an access across the Hotel Property to the Option Parcel and will establish and dedicate such cross- access easements or other instruments as necessary to insure the Option Parcel has access to College Place Drive. Such access shall be built to standards acceptable to the City and will have, at a minimum, two lanes for vehicular traffic, sidewalks (as needed) and LED lighting. c. The Option shall allow PA Hotel to match any offer to purchase the Option Property made to City within three (3) years of the opening of the Hotel so long as: i. The price offered the City by PA Hotel is at least the price per acre specified in the offer for the Option Property, and ii. PA Hotel commits to the commencement of construction of the second hotel with conference space, of a size and flag reasonably equivalent or superior to that specified in the offer for the Option Property, with such construction to commence within twelve months of the exercise of the Option. For the avoidance of doubt,the City expects that the hotel constructed on the Option Property will be larger both in terms of keys and meeting space than the hotel to be constructed on the Hotel Parcel. iii. If exercised, the City will retain the right to review and approve the plans for the construction of improvements on the Option Property to insure such improvements are acceptable to the City. 2 12-21-18 iv. Notwithstanding the foregoing, the City expressly reserves the right to decline to sell the Option Property to any party (including PA Hotel) for less than$578,000 per acre. 4. COMPLETION MILESTONES a. The Purchase Agreement will have a Due Diligence Period starting from the earlier of (i) execution of the Purchase Agreement, or (ii) the rezoning of the Hotel Property and continuing for sixty(60)days. PA Hotel will also have an"Approvals Period" of four (4) months thereafter to finalize plans, obtain pricing and construction permitting and approvals, with up to two (2) extensions of thirty (30) days each if applications for permits and approvals are pending and are being diligently pursued. Closing will occur within thirty(30) days after such Approvals Period (as it may be extended). The Purchase Agreement will require commencement of construction on the Hotel, as evidenced by the issuance of a building permit, within 90 days after Closing (the "Construction Commencement Date"). The Purchase Agreement will also have an outside closing date agreeable to both parties (which will be thirty (30) days after the Approvals Period as extended unless the parties otherwise agree). b. The Purchase Agreement will also require PA Hotel to complete the Project (as evidenced by a final certificate of occupancy for the Hotel) within eighteen (18) months from the commencement of construction(the"Outside Completion Date"). c. If PA Hotel does not commence construction by the Outside Commencement Date, the City will have the right to re-acquire the Hotel Property for the amount paid by PA Hotel to the City in the Purchase Agreement. d. If PA Hotel does not complete construction by the Outside Completion Date, PA Hotel shall pay to the City any amounts previously credited against the $578,000 per acre purchase price as contemplated by Section 2 d., above. e. All the above deadlines shall be subject to extension for force majeure and for any time as may be necessary for any construction lender for the Project to obtain possession of the Property by foreclosure or otherwise and recommence construction of the Project. 3 12-21-18 5. MISCELLANEOUS a. The parties hereto agree to meet and confer as necessary in furtherance of the objectives expressed in this Term-Sheet. b. The parties recognize and agree that if the proposal outlined in this Term Sheet moves forward, more detailed development agreement and supporting documents will be negotiated and prepared that will contain additional terms, conditions and obligations to the terms stated herein. c. The obligations of the City will all be made subject to appropriation of sufficient funds by the City Council of the City of Virginia Beach. d. In development of all elements of the Project(including the Hotel), PA Hotel will comply with the City's Small Business Supplier Diversity program("SBSD"). The requirements of the SBSD program are set forth on Exhibit C, attached hereto. e. The City will not approve any additional curb cuts along Princess Anne Road in connection with the Project or any development on the Option Property. Access to the Hotel Property and the Option Property shall be from Community College Place (with the Option Property's access first being across the Hotel Property). 4 12-21-18 EXHIBIT A (Property Location Map) I mm,m ".= Y i ENgill N- a.311 A i& g R '." g x; 3 sa :� in o88 9G -= aE €_ NstrXO. m 1.a €€ss g e ,- : l A t pp 1,111 ytl f 4• : SAF >,,f;\,,� o *. e ,C�i •5 J6cSiUN11Vp�y�� •'\` • s� \'\ Y F.7urf"- ��cQ .'. s [@ +.76.57'-.7'E i OM II P RAU IN TM MI V`' �• / n a!S3iz .... ..n — J , ii 1 ! 9 Ei9 3 S s e.. ctl,. .,.. , 1! 21 ‘I'gx ',,,'• v-: PE n 3 � ,\ asxxp ,/A fAi �tij € ,40 qi ` ;II Iii /- E � fQi I lSil n p _,/, ,449' z / M 114 , tinAA v I' g 9 A. 4:v /4 11 l 9 � 1 II � O'1.lIH • R a1g 1t� 4 t�a.. I .1 ;Ril,F,f T 1 Z $ S 1a. poT ma'off ,1 4 8&tee? � T1 .'�.r fy.t'' .. 4 Ng* g m Ng oma l'f ° y i 4 it;I: „...„.. r , , ; . .., . :,„ . , , . ,. 7 I f' siti,*$r. !4*:;: 5 ...,___._,D„\\ cv . ......., ,.. ., .,,_ , .....„...._ . 4. J 1-ttt-4iLt 71.. 2/ r ; c0 • N O L 'V"-`Gcy) co s \ . \ I• / s / 7 L ; z/� eL O1 Ez 4 LJ ■ 4 i ;4 i ,\, . , .P. .\I gl,"ib. -...„ , 4°7. * g \cere I� _ *a a L.)et o — a il, . . .• li'196', '''ECN\N a .**N. N. � — \ : f, . '4 f • « + ` -- 5 • ; ` j — ti , 'Z[r —1 .1'** \--( 12-21-18 EXHIBIT B (Princess Anne Commons Architectural Guidelines) 6 EXHIBIT B ler • • • • N o Com.. - - - -! . „ sem'^ r*� TO CREATE A UNIQUE AND IDENTIFIABLE PLACE WITH ATTRACTIVE, EXCITING, EFFICIENT AND SAFE COMPONENTS TO ENHANCE THE CONSISTENCY OF THE BUILT ENVIRONMENT THROUGHOUT PRINCESS ANNE COMMONS. Z 2.1W 1 0 0 Z 0 E 0 E o cu o Z ,• �-- W a Lu o Z 44 x aQ 4. 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The Parties agree that these requirements will apply to this Agreement. The Developer is required to submit a SBSD-certified Subcontracting Participation Plan (the "Plan"), attached hereto, detailing, at a minimum: • Whether the contractor intends to utilize any subcontractors; • What, if any, SBSD-certified business subcontractors the contractor intends to utilize; • The work to be performed by each SBSD-certified business; • The estimated dollar amount to be paid to each SBSD-certified business, performing work as a subcontractor; The developer is required to meet with the City Department of Finance, Purchasing Division to review the Developer's Subcontracting Participation Plan prior to the Developer soliciting or bidding out any subcontracting work.. The Developer is required to include additional small, woman and minority owned (SWAM) contractors identified by the Finance Department in Developer's outreach and solicitations. The Plan must either (i) provide for at least 50% of the value of the subcontracted work to be provided by a SBSD-certified business; or (ii) provide detailed documentation showing, with specificity, the efforts undertaken by the prospective contractor to meet the 50% usage requirement. Any determination of whether such efforts meet the requirements of the City Code shall be made by the City Department of Finance, Purchasing Division. In addition, the Virginia Beach City Council has established an aspirational goal of 10% for minority participation. The Plan shall become a part of the underlying agreement. The Developer may update the Plan, in the event that unforeseen circumstances arise with relation to any SBSD-certified business identified for participation. Such circumstances include,but are not limited to:unforeseen closure, or other circumstance which renders the SBSD-certified business inoperable; failure of the SBSD- certified business to perform the contracted scope of work as specified in the executed subcontract agreement; consistent non or poor performance of the specified scope of work as negotiated. The Developer will be required to provide the Authority monthly updates as to payments made to the subcontractors listed on the Plan,via the Monthly SBSD-certified Subcontractor Payment Data Sheet, attached hereto. Prior to final payment, each contractor shall submit a report documenting its efforts undertaken in compliance with the Plan. A contractor may delay monthly payment and will not receive final payment under a contract until he submits documentation of actual SBSD- certified business usage. The report shall include, at a minimum: a. A statement detailing all SBSD-certified subcontractors utilized; b. A list of all SBSD-certified subcontractors utilized; c. A brief description of the work performed by each SBSD-certified subcontractors; 7 12-21-18 d. The amount paid to each SBSD-certified subcontractor; and e. Supply monthly updates as to payments made to its SBSD-certified subcontractors via the CVAB — E form (attached for reference); failure to do so could impact your receipt of payment. Prior to engaging any subcontractors, Developer shall require its prime contractor to conduct an information session to highlight subcontracting opportunities. The Authority shall promote this information session by informing the City's Minority Business Council and utilizing the City's existing notification system of Small, Woman-owned, Minority-owned, and Service Disabled Veteran-owned businesses. 8 Disclosure Statement - r Virginia Beach APPLICANTS NAME Princess Anne Hotel,LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Coundi. Such applications and matters indude,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alterna ve €TOnomic Development Compliance,Special Investment Program Changefonning Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning A. eats Certificate .. Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE IFOR CITY USE ONLY/All diacloeurea must be updated two(2)weeks w,or tc a ty Page 1 of 7 Plamii Cummisston end City Cc,nof meeting that i ettams to thea pitcaua�(s) ' Q. APPUCANT NOTIFIED OF NEARING DATE 0I NO CHANCES AS OF DATE 32k1 REVISIONS SUBMITTED I DATE: .5 !yl— /e f !! OI Princess Anne Hotel, LLC Agenda Item 15 Page 13 Disclosure Statement Virginia Beach E] Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. @. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Princess Anne Hotel, LLC aZ '�//f • If an LLC, list all member's names: eo`' 5kV vavfs, Page S.Johnson, II /tfark F; carce4 may be conTh a rrjember o f' comflany If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Harmony Hospitality, Inc. See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Am17licant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 1-1 Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name: City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 14 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Mil Hated business entity relationship" means "a relationship, other than parent-subsidiary relationship.that exists when(1)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or them is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any_business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT. EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 l � Princess Anne Hotel, LLC Agenda Item 15 Page 15 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ M Accounting and/or preparer of FAO your tax return Architect/Landscape Architect/ Sal Lemole Land Planner Contract Purchaser(if other than Elthe Aaalicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ko Construction Contractors ❑ Engineers/Surveyors/Agents MSA,PC Financing(Include current ❑ rmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Fr' Services Singer Davis Real Estate Brokers / ❑ ri Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development J El contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? The current land owner of the subject parcels is the City of Virginia Beach. Page 4 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 16 Disclosure Statement 11/41113 Virgiriia'Beach d CERTIFICATION: I I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meet��i``k�a, or meeting of any public body or committee in connection with this Appl+aion, Page S.Johnson,II 5g�t APPUCANT's SIGNATURE PRINT NAME DA Page 5 of 7 Princess Anne Hotel,LLC Agenda Item 15 Page 17 • Disclosure Statement Nt13 OWNER Virginia Beach. YES NO I SERVICE PROVIDER(use additional sheets if needed) J ❑ ® Accounting and/or preparer of your tax return 0 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 0 po; the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed a ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 1=1 -- Construction Contractors ' Engineers/Surveyors/Agents Kimley-Hom&MldAtlantic Surveying Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El ® Legal Services Real Estate Brokers / Agents/Realtors for current and Ak anticipated future sales of the subject property _ d_ s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? The current land owner of the subject parcels is the City of Virginia Beach. Page 6 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 18 Disclosure Statement Virginia Beach 1 CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA me ting, pf meeting of any public body or committee in connection with this Aicati n., 42PDavid L. Hansen a5. PROPERTY SIGNATURE PRINT NAME DATE •Page 7 of 7 Princess Anne Hotel, LLC Agenda item 15 Page 19 EI%.,'' G1>� -s�'''::!"*.,T,.., i9 ��x µ0j,1 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Transfer Funds and to Authorize the City Manager to Execute a Sponsorship Agreement with Something in the Water, LLC MEETING DATE: March 5, 2019 • Background: In October 2018, Pharrell Williams announced a desire to produce a positive, multi-faceted festival of top-tier music performances, in-depth panel discussions on innovation, sports activities, local art, and cuisine during the last weekend of April 2019, known as College Beach weekend. The concept was briefed to the City Council in November 2018. An excerpt of the minutes from the briefing is attached. The festival, named "Something in the Water," will reflect the variety of successful people who come from Virginia Beach and the Hampton Roads region in the fields of music, art, film, technology and more. The Something in the Water Festival addresses the social programming recommendation Virginia Beach Vision's Oceanfront Task Force included in its report on "Improving Our City's Reputation and Our Sense of Community." • Considerations: The Something in the Water Festival presents a unique opportunity to provide positive social programming for visiting and local young adults and elevate Virginia Beach to international prominence as a cultural hub of music, art, technology and more. Over the longer term, special event impacts can be measured based on their economic impact. However, the Something in the Water Festival stands to provide priceless, long-term distinguishing impacts ranging from cultural enrichment to social cohesion to workforce development to positive regional branding. The attached ordinance expresses Council's support for the Something in the Water Festival in the form of a proposed sponsorship agreement between the City and Something in the Water, LLC. This arrangement will provide financial, facility, public safety, and operational support of the Festival. Many of these resources were already allocated to the last weekend of April. To provide the financial support, the ordinance transfers funds from the TIP Fund, and the amount of financial support is in line with the support provided for the Patriotic Festival and the Neptune Festival. • Public Information: Normal Council Agenda process. Additionally, this Festival was briefed to the Council in its Workshop Session on November 13, 2018. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; November 13, 2018 Minutes Excerpt; Exhibit A: Summary of Sponsorship; Disclosure Form Requested by Mayor Dyer and Councilmembers Nygaard and Rouse Requested by Mayor Dyer and Councilmembers Nygaard and Rouse 1 AN ORDINANCE TO TRANSFER FUNDS AND TO 2 AUTHORIZE THE CITY MANAGER TO EXECUTE A 3 SPONSORSHIP AGREEMENT WITH SOMETHING IN 4 THE WATER, LLC 5 6 WHEREAS, the City wishes to express its support for the proposed Something in 7 the Water Festival (the "Festival"); and 8 9 WHEREAS, in furtherance of that objective, the City desires to be a sponsor of 10 the Festival, which will be held the last week of April at the Oceanfront; and 11 12 WHEREAS, the City has generally outlined the manner in which it will support the 13 Festival, as set forth in the summary (attached as Exhibit A). 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, THAT: 17 18 1 . $250,000 is hereby transferred from the Reserve for Contingencies in the 19 Tourism Investment Program Fund to the Operating Budget of the Convention 20 and Visitors Bureau in furtherance of the City's sponsorship of the Something in 21 the Water Festival. 22 23 2. The City Manager is hereby authorized to execute a sponsorship agreement 24 between the City and Something in the Water, LLC, in a form acceptable to the 25 City Manager and approved by the City Attorney, consistent with the attached 26 summary of terms. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: a cA,A) _1\0 Office of the City Man er Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: Office of the City Attorne CA14686 R-1 February 22, 2019 38 CITY MANAGER'S BRIEFINGS "SOMETHING IN THE WATER"FESTIVAL ITEM#68571 5:22 P.M. Mayor Jones welcomed Ronald H. Williams, Jr., Deputy City Manager. Mr. Williams expressed his appreciation to the City Council for their continued support: MP' ve learned that no matter how much you love your city or your state, no matter how connected you think you might be, sometimes you have to step outside to see its true potential.' -Pharrell Williams V,rgin a 9mck VA Pharrell Williams has publicly stated Virginia Beach is rich with sporting and musical talent and as a coastal city, as such he has trademarked the term, "Something in the Water": History has made one thing clear to many outsiders looking in at Virginia: There is SOMETHING IN THE WATER. It is UNDENIABLE. November 13, 2018 39 CITY MANAGER'S BRIEFINGS "SOMETHING IN THE WA TER"FESTIVAL ITEM#68571 (Continued) The slides presented were forwarded by Pharrell Williams'team who are working on plans for a festival to be held in Virginia Beach. The concept is for the festival to be similar to the South X Southwest event in Austin, TX. WE ARE CREATING VIRGINIA'S DEFINING GATHERING . THE EAST COAST'S OWN SOUTH X SOUTHWEST. The "Something in the Water"Festival is planned for the last week in April at the Oceanfront with the hub of it in the ViBe Creative District; the concept is to make it multi-cultural, multi faceted like something the City has never had before: SOMETHING IN THE WATER is a cultural AMUSIC & gathering of music,comedy,art,food, C U LTU REfashion,thought leaders and forward thinking brands.A launching pad for GATHERINGexploration end creativity. Spanning across the beautiful city of Virginia Beach from the Waterfront to the convention center hub.The multi- venue,3 day gathering will feature top- tier music performances.in-depth • 1ff_ .._ paneldiscussions,VR&AR installations sports activities,local art,tastefully iirv; ,f " curated cuisine and much more. A family friendly.safe environment f or people to touch.see,hear.tastelearn and explore. November 13, 2018 40 CITY MANAGER'S BRIEFINGS "SOMETHING IN THE WATER"FESTIVAL ITEM#68571 (Continued) Here is the Team: THE TEA M I NP Rilfll LARD+ ROR MF Si ticiel IA1/I,. - -Ju ly IPFFIT if GEIOFF. Artist Co•Manager Co•Manager Partner,Head d Music WME 461, ':'V.It''AKER ,"AL1 E.rNr'7FiFh� .EKE Ni t' Community Co-Founder,BWG Co-Founder,BWG Director of Relations DirenDr Production,BWG Here is the Lay of the Land with five(5)venue locations identified in the 'pre permit"phase: LAY OF THE LAND With concerts,esents and installations al around Vinginla Beach-the main hub of venues will be looted on the beach and S thmeyeoe*the"Vibes CreMieAreea". 111 t VI.vn. BoscoCore _ - ee Podmow; op 16,5001 111-2 5th 9 Beech Slope (outdoor woo.;coo 20.000/ `+. w1O 3.171h 9 Pe,A -.- (Outdoor woo*,cep 2,000) d 241'9 Pork �r (Outdoor won,cep 1,500) def`--' 5 Sot .live (indoor venue,cop 200) 6 316.9 9ode (Outdoor venue,nap LOCO) •water: November 13, 2018 41 CITY MANAGER'S BRIEFINGS "SOMETHING IN THE WATER"FESTIVAL ITEM#68571 (Continued) THE Mayor Jones expressed his appreciation to Mr. Williams for the presentation. November 13, 2018 EXHIBIT A SUMMARY OF SPONSORSHIP SOMETHING IN THE WATER FESTIVAL Purpose: To have a multi-cultural, multi-faceted Festival (the "Festival") the last week of April at the Oceanfront with the hub of it in the ViBe Creative District. Parties: City of Virginia Beach("City")and Something in the Water, LLC ("Producer") City Financial Sponsorship: $250,000 from the TIP Fund City In-Kind Contributions: Use of the Convention Center for conference type events. Use of the City's various resort stages for concerts. City Public Safety and Public Works personnel already programmed for College Beach Weekend. Responsibilities of the Producer: Create a festival with the general outline as follows: o Where young people will meet others who are pushing business and culture forward o Where they'll come to experience music, food, sports,technology, and most importantly,what's next. o Where these bright young minds may find their first job out of college, or they will be inspired to start a company of their own. DocuSign Envelope ID:E2270299-E137-4E15-8AA1-7B4788411FB7 DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: SOMETHING IN THE WATER, LLC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if Text needed) N1( B,CLC. Accounting and/or preparer of Matthew Ivanick a Account Executive your tax return 310-226-6668 .... _ ,,,+migpkfsh ram Financial Services (include x❑ lending/banking institutions and FINANCIAL SERVICES: LIVE NATION WORLDWIDE INC. current mortgage holders as WILLAM MORRIS ENDEAVOR ENTERTAINMENT LLC. applicable) BERKELEY REINHOLD a Legal Services LEGAL FOR SOMETHING IN THE WATER 310-600-3116 INFO@BERKELEY.LA BWG,INC ® n Broker/Contractor/Engineer/Other RHEANNE MARTINEZ Service Providers 9 "'BWG IS RUNNNINGWNG2737 POINT WITH ALL VENDORS/CONTRACTORS CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. DocuSigned by: $ Wesel Bessy Wong 2/27/2019 APPLICANT'S SIGNAMRE8FFE499 PRINT NAME DATE w�ilAB ` jio,c.. ,,,.•:'tit .'V,:: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the City Manager to Consider Opportunity Zones as a Major Factor in the Capital Improvement Program MEETING DATE: March 5, 2019 • Background: The Federal Tax Cuts and Jobs Act of 2017 provides tax incentives for investors who re-invest unrealized capital gains into a designated Opportunity Zone. The City has eight Opportunity Zones (with Census Tract number): • 51810000442.00 — Seatack • 51810000402.00 — Burton Station • 51810000410.02 —Central Village District • 51810000456.04— Bonney Road • 51810000448.06 — Hilltop South of 1-264 • 51810000454.08 — Corporate Landing • 51810000454.07 — Lynnhaven • 51810000448.05— Hilltop North of 1-264 The City Council received a briefing on the topic of Opportunity Zones at its Informal Session on February 19, 2019. As discussed at that briefing there are benefits to investing unrealized capital gains within certain investment windows. The City Council recognizes that investor decisions will be influenced by Council's projected investments in public infrastructure in the opportunity zones and expects investors to propose various forms of city support in the development and funding of their projects the opportunity zones. Accordingly, the effort to focus on these areas is intended to allow investors to utilize the optimal investment window offered under federal tax law. • Considerations: The attached resolution directs the City Manager to consider Opportunity Zones as a major factor when assembling the upcoming Capital Improvement Program. That consideration is to be accomplished in three actions. First, the City Manager is directed to develop a comprehensive list of potential Capital Improvement Projects for public amenities and infrastructure, specifically road and stormwater improvements, within the Opportunity Zones. Second, the Manager is to develop uniform policies and procedures for the submission and review of proposals for private investment contingent on City investment in specific Capital Improvement Projections within the Opportunity Zones. Third, the Manager is to develop uniform policies and procedures for the discussion and disposition by council of the proposals as part of the Capital Improvement Projects' budget development process. • Public Information: Public information will be provided through the normal Council agenda process. The topic of Opportunity Zones was briefed to the Council at its Informal Session on February 19, 2019. • Attachments: Resolution Requested by Councilmember Nygaard Requested by Councilmember Nygaard 1 A RESOLUTION DIRECTING THE CITY MANAGER 2 TO CONSIDER OPPORTUNITY ZONES AS A MAJOR 3 FACTOR IN THE CAPITAL IMPROVEMENT 4 PROGRAM 5 6 WHEREAS, the Federal Tax Cuts and Jobs Act of 2017 provides tax incentives 7 for investors who re-invest unrealized capital gains into a designated Opportunity Zone; 8 9 WHEREAS, the City has eight Opportunity Zones; 10 11 WHEREAS, the Council recognizes that in order to maximize the financial 12 benefits of investing in Opportunity Zones time is of the essence; 13 14 WHEREAS, the Council recognizes that investor decisions will be influenced by 15 Council's projected investments in public infrastructure in the Opportunity Zones; 16 17 WHEREAS, the Council expects investors to propose various forms of City 18 support in the development and funding of projects in the Opportunity Zones; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby directed to: 24 25 1 . Develop a comprehensive list of potential Capital Improvement Projects for 26 public amenities and infrastructure, specifically road and stormwater improvements, 27 within the Opportunity Zones. 28 29 2. Develop uniform policies and procedures for the submission and review of 30 proposals for private investment contingent on City investment in specific Capital 31 Improvement Projections within the Opportunity Zones. 32 33 3. Develop uniform policies and procedures for the discussion and disposition by 34 Council of the proposals as part of the Capital Improvement Projects' budget 35 development process. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: Cit A tt•r ey's Office CA14689/R-2/February 28, 2019 4. it �ktiw"' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Local Commitment for the Virginia Department of Transportation's Transportation Alternatives Set-Aside Program for FY 2018-19 and FY 2019-20 MEETING DATE: March 5, 2019 • Background: The Transportation Alternatives Set-Aside Program (TAP) is a federally funded, state-administered program intended to help local sponsors fund community based projects. Projects supported within this program focus on providing pedestrian and bicycle facilities. The TAP program is not a grant, and funds are only available on a reimbursement basis with a minimum 20% local match. Beginning in 2017, the TAP became a biennial application with project award and allocations granted for both FY 2018-19 and FY 2019-20. The City received $601,306 in FY 2018-19 federal allocations and is scheduled to receive additional federal allocations of $1,480,747 in FY 2019-20 for the following five projects: Total FY19 FY20 Local Project Federal Federal Match Cost Allocations Programmed Funds Violet Bank Trail $462,099 $70,000 $248,848 $143,251 Three Oaks Elementary Path $537,206 $100,000 $270,672 $166,534 South Boulevard Sidewalk $652,935 $66,000 $384,525 $202,410 Euclid Road Sidewalk Phase II $398,877 $85,000 $190,225 $123,652 Parliament Drive Sidewalk Ph. $966,353 $280,306 $386,477 $299,570 II Total $3,017,470 $601,306 $1,480,747 $935,417 The federal funds were appropriated by City Council in October 2018. However, VDOT also requires a resolution to support the local funding commitment for the aforementioned projects in order to execute the VDOT project administration agreement and begin development. Without the resolution to support, VDOT will not execute the project agreements, and these projects would lose the allocated federal funding. The five projects are: Violet Bank Trail — This project will provide a 10-foot-wide asphalt path connecting the eastern end of Violet Bank Drive to Selwood Drive, a distance of approximately 0.6 miles. The shared use path will be located along the "paper street" portion of Violet Bank Drive 1 that does not have a roadway. This route is currently heavily used by pedestrians, as evidenced through the worn down pathway at the project site. This project also includes vegetation removal and accessible curb ramps at the east end of Violet Bank Drive and at all intersections the trail will cross (16 curb ramps total). This project will provide safe mobility to members of the community as an alternative to walking/biking alongside Providence Road, which does not have a sidewalk and is heavily traveled, with over 15,000 vehicles daily. Three Oaks Elementary Multi-Use Path — This project will provide a 10-foot-wide asphalt path connecting the Sherwood Lakes and Highgate Greens neighborhoods to Three Oaks Elementary School, a distance of approximately 0.3 miles. The proposed path will connect to the end of Tallwood Trail and replace an existing inadequate path at the end of Tree Garden Way. The shared use path will be located along the western side of a planned City park site; no site acquisition will be required. As evidenced by the worn down pathway at the project site, this route is highly used by pedestrians. This project also includes a small footbridge and vegetation removal. This project will provide safe mobility for members of the community to the Three Oaks Elementary School and the planned Three Oaks Park, and qualifies as a Safe Routes to Schools project. South Boulevard Sidewalk — This project will provide a 5-foot-wide concrete sidewalk at two locations along the south side of South Boulevard to provide a continuous sidewalk between Independence Boulevard and Expressway Drive, a total distance of approximately 0.5 miles of proposed sidewalk. The proposed concrete sidewalk will tie into existing sidewalks at Independence Boulevard and Expressway Drive and an existing sidewalk between Ridge Club Apartments and the adjacent commercial property. The concrete sidewalk will be located entirely within the existing right-of-way. This project also includes new accessible curb ramps at all the intersections along South Boulevard, piping the existing ditch, new curb, and gutter and utility relocations. It will greatly improve safety for pedestrians walking to Mount Trashmore Park and provide connectivity in an area that is heavily traveled by pedestrians. Euclid Road Sidewalk — Phase II — This project will provide a 5-foot-wide concrete sidewalk at two locations along the north side of Euclid Road to provide a continuous sidewalk along Euclid Road between Onondaga Road and Kellam Road. One location of sidewalk to be provided is from the west end of the Seventh Point Advertising, Marketing, and Public Relation property to the east end of the Motel 6 property for an approximate length of 130 linear feet. The second location of sidewalk to be provided is from Onondaga Road to the west send of the Motel 6 property for an approximate length of 630 linear feet. This project will also include tree removal, new accessible curb ramps at the intersections, and utility relocation. Parliament Drive Sidewalk — Phase II — This project will provide a 5-foot-wide concrete sidewalk along the southern side of Parliament Drive from Green Kemp Road to the Arrowhead Plaza Shopping Center just west of Gallant Fox Road, a total distance of approximately 0.2 miles. The concrete sidewalk will tie in to existing sidewalk at the Arrowhead Plaza Shopping Center and Green Kemp Road. The concrete sidewalk will be located entirely within the existing right-of-way. This project also includes new accessible curb ramps at all the intersections along Parliament Drive, piping the existing ditch, new curb and gutter and utility relocations. It will greatly improve safety for pedestrians walking to Point 0' View Elementary School as well as the adjacent 2 Arrowhead Plaza Shopping Center and church and provide connectivity in an area that is heavily traveled by pedestrians. • Considerations: Violet Bank Trail and Three Oaks Elementary Multi-Use Path are included within the "City Bikeways and Trails Plan Implementation II" project (CIP # 4-064) of the Parks & Recreation Section of the Capital Improvement Program. There is sufficient local funding in the "City Bikeways and Trails Plan Implementation II" project to satisfy the City's required local match. South Boulevard Sidewalk and Euclid Road Sidewalk Phase II are included within the "Traffic Safety Improvements (TSI) IV" project (CIP # 2-111) of the Roadways Section of the Capital Improvement Program. There is sufficient local funding in the "TSI IV" project to satisfy the City's required local match. The "Parliament Drive Sidewalk, Phase II" project will be managed as a new standalone CIP Project within the Roadways Section of the Capital Improvement Program. "Parliament Drive Sidewalk, Phase II" has been designated with the CIP project # 2-159. In October, 2018 the applicable local funding ($299,570) was transferred from the CIP Project # 2-111, "Traffic Safety Improvements (TSI) IV" to CIP Project # 2-159, "Parliament Drive Sidewalk, Phase II" to satisfy the City's required local match. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached resolution • Attachments: Resolution, Maps (5) Recommended Action: Approval Submitting Departme I Agency: Public Works Engineering /- s 'h" City Manager. 3 1 A RESOLUTION TO SUPPORT THE CITY'S LOCAL 2 COMMITMENT FOR THE VIRGINIA DEPARTMENT 3 OF TRANSPORTATION'S TRANSPORTATION 4 ALTERNATIVES SET-ASIDE PROGRAM FOR FY 5 2018-19 AND FY 2019-20 6 7 WHEREAS, in accordance with the Virginia Commonwealth Transportation 8 Board construction allocation procedures, it is necessary that a resolution be received 9 from the sponsoring jurisdiction requesting that the Virginia Department of 10 Transportation (VDOT) establish Transportation Alternatives Set-Aside Program (TAP) 11 projects to be administered by the City of Virginia Beach; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA THAT: 15 16 1 . The City of Virginia Beach requests that the Commonwealth Transportation 17 Board establish a project for the following CTB approved City of Virginia 18 Beach TAP projects: 19 20 o Violet Bank Trail 21 o Three Oaks Elementary Path 22 o South Boulevard Sidewalk 23 o Euclid Road Sidewalk Phase II 24 o Parliament Drive Sidewalk Phase II 25 26 2. The City of Virginia Beach hereby commits to provide a minimum 20 percent 27 matching contribution for these projects and, subject to appropriation, any 28 additional funds necessary to complete any applicable project contained 29 within this resolution; 30 31 3. The City of Virginia Beach hereby agrees to enter into a project administration 32 agreement with the Virginia Department of Transportation and provide the 33 necessary oversight to ensure the relevant project is developed in 34 accordance with all state and federal requirements for design, right of way 35 acquisition, and construction of a federally funded transportation project; 36 37 4. The City of Virginia Beach, subject to appropriation by the City Council, will be 38 responsible for maintenance and operating costs of any improvements 39 constructed with TAP funds unless other arrangements have been made with 40 VDOT; 41 42 5. If, subject to the appropriation by City Council, the City of Virginia Beach 43 subsequently elects to cancel one or more of the projects set forth herein, the 44 City hereby agrees to reimburse the Virginia Department of Transportation for 45 the total amount of costs expended by VDOT through the date VDOT is 46 notified of such cancellation. The City also agrees to repay any funds 47 previously reimbursed that are later deemed ineligible by the Federal 48 Highway Administration; and 49 50 6. The City Manager is hereby authorized to execute on behalf of the City of 51 Virginia Beach all necessary project agreements for project development and 52 construction for all FY 2018-19 and FY 2019-20 TAP related projects. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6y:A ck4_00h ) Budget and Management Services City A •r ey's Office CA14634 R-1 February 20, 2019 . �Z� i1ZL 404- „,-\#'\*\`-r--* \\‘‘: ti ( H ,� (�,pR 'c,,. 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Mall 4 C-- --- ,..',-; •,-. -"- 0 <._,.., ' , ° /IP 4 t V 4 \ t... smeavl I c-_-: I — 7--- - 41k.; ,v,,*/&,,, % Nr LOCATION MAP -__----- 7, -,----- g- i ...w....-sw c,ui-o6 , ,ii \): ,-' )' \\\\IP- PARLIAMENT DRIVE SIDEWALK ,'--, -- „ . , i -'--- i 0- r I (4 1(7-7”8 I II I I I 1---,,--=-_-" \ \/'> /\,\ PHASE II Prepared by PW/Eng/Eng Support Services Bureau 9/10/2018 X:\CADD\Projects\ARC Files\AGENDA MAPS\Parliament Drive Sidewalk Phase II IW,�B£a , 1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds for a School Security Officer MEETING DATE: March 5, 2019 • Background: The School Security Officer (SSO) Grant Program is a grant from the Virginia Department of Criminal Justice Services (DCJS). The SSO grant is a statewide program designed to provide funds to local governments to improve security in schools. Because of this stipulation, the City's application to DCJS for the SSO grant was submitted by the Virginia Beach Police Department on behalf of the Virginia Beach City Public Schools (VBCPS). Therefore, the VBCPS will be the sub-recipient of the City's SSO award. This grant funds the salary of one new SSO, including benefits, for one year. This position will be placed at a VBCPS high school. The SSO will ensure that all exterior doors remain locked during the school day, make sure that all school visitors are properly screened, and provide traffic management and general supervision of students, as needed. The SSO is not an armed position. • Considerations: The SSO grant provides the City with $19,393 in state funding. This money will be allocated to VBCPS through the attached ordinance. The grant also requires a local match of $13,179. The local match will be identified and funded from within the VBCPS' existing FY 2018-19 Operating Budget. The position created by this grant will be a VBCPS employee and will be counted within the FTE count for the VBCPS. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department on behalf of VBCPS, lb City Manager:%` 'I v 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR A SCHOOL SECURITY OFFICER 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 1) $19,393 is hereby accepted by the City of Virginia Beach from the Virginia 8 Department of Criminal Justice Services, and accordingly, the Virginia Beach 9 City Public Schools is to be the sub-recipient of such grant. 10 11 2) $19,393 is hereby appropriated, with state revenues increased accordingly, and 12 allocated, as a School Security Officer Grant sub-award, to the FY 2018-19 13 Virginia Beach City Public Schools' Operating Budget for the employment of a 14 school security officer. 15 16 3) The required local grant match of$13,179 shall be funded by the Virginia Beach 17 City Public Schools within its existing FY 2018-19 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services City • •rn- 's Office CA14685 R-1 February 20, 2019 f • sok „0,-.4.,* ' _ \i z w ..... L t „,,,„ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate a Donation to the Department of Human Services and Transfer Funds within the Department's FY 2018-19 Operating Budget to Construct a Playground at 3432 Virginia Beach Boulevard MEETING DATE: March 5, 2019 • Background: The Human Services Department has been offered a donation of $30,000 from King's Grant Presbyterian Church to construct a playground on the property located at 3432 Virginia Beach Boulevard. This location houses the Child Welfare and Financial Assistance Benefits programs, and children are frequently in the building. The playground will provide a small recreation area for children temporarily in the custody of Human Services as well as families who are on the premises to access benefits and services. • Considerations: The Parks and Recreation Department will provide the materials and construction at a cost of approximately $32,000. Under the guidance of the City's Risk Management Division, a camera will be mounted on the roof of the building to monitor the playground. The cost for the camera, $5,700, and the balance of the playground cost over the donation amount, will be funded within the current Human Services Department's FY 2018-19 budget. No additional funding from the General Fund is being requested. This is a request to accept a $30,000 donation, and appropriate the same amount for the purchase and construction of a playground at 3432 Virginia Beach Boulevard. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval 4 Submitting Department/Agency: Department of Human Services 314. L. City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION TO THE DEPARTMENT OF HUMAN SERVICES 3 AND TRANSFER FUNDS WITHIN THE DEPARTMENT'S FY 4 2018-19 OPERATING BUDGET TO CONSTRUCT A 5 PLAYGROUND AT 3432 VIRGINIA BEACH BOULEVARD 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1) $30,000 is hereby accepted from King's Grant Presbyterian Church and 11 appropriated, with donation revenue increased accordingly, to the FY 2018-19 12 Operating Budget of the Department of Human Services for a playground at 3432 13 Virginia Beach Boulevard; and 14 15 2) $7,700 is hereby transferred within the FY 2018-19 Human Services Department's 16 Operating Budget to for the playground. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .�.1 . Budget & Management Services City Attorney's Office CA14687 R-1 February 22, 2019 ..4,17,:rikAL, ii.0-7....t,i\ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Create One New Full-Time Position and Transfer Funds within the Department of Human Services to Assist with Human Rights Investigations MEETING DATE: March 5, 2019 • Background: The Continuous Quality Improvement (CQI) division of the Virginia Beach Department of Human Services is tasked with monitoring, investigating, remediating, and reporting human rights complaints made by individuals receiving services, DHS staff, and the public. Recent regulatory changes from the Virginia Department of Behavioral Health and Developmental Services (DHBDS) Office of Licensure require an increased number of in-depth reviews involving root cause analyses in order to make human rights violation determinations and remediation plans. • Considerations: Human Services has one full-time human rights compliance position to serve more than 10,500 individuals. Over the past three years there have been 6,871 incident reports resulting in 345 human rights investigations and 6,526 research and remediation actions. Due to strict regulatory deadlines, the Commonwealth does not tolerate a backlog. CQI Human Rights staff routinely work in excess of 40 hours per week to keep up with demand, enlist the assistance of staff from other CQI units, and reprioritize other mandated work resulting in incomplete or untimely discharge of those duties. This request converts a vacant part-time position (0.5 FTE) to full-time; and transfers the appropriations associated with this position ($25,087) from the Pathway program to CQI. The additional $53,347 required to cover the new position will be transferred from non- personnel appropriations within Human Services and require no additional General Fund support. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval a Submitting De• - • ment/Agency: Department of Human Services '16 City Manager:" 1 AN ORDINANCE TO CREATE ONE NEW FULL-TIME 2 POSITION AND TRANSFER FUNDS WITHIN THE 3 DEPARTMENT OF HUMAN SERVICES TO ASSIST WITH 4 HUMAN RIGHTS INVESTIGATIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) One full-time position is hereby established within the FY 2018-19 Operating 10 Budget of the Department of Human Services; and 11 12 2) One part-time position (0.5 FTE) is hereby eliminated within the FY 2018-19 13 Operating Budget of the Department of Human Services; and 14 15 3) $78,434 is hereby transferred within the FY 2018-19 Operating Budget of the 16 Department of Human Services in order to assist with human rights investigations. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )0/10 U Budget & Management Services City Attorney's Office CA14688 R-1 February 22, 2019 J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 2019 CITY COUNCIL MEETINGS Tuesday, March 12 Workshop Tuesday, March 19 Formal Session Tuesday, March 26 Workshop Tuesday,April 2 Formal Session 02/28/19 pm CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/19/2019 PAGE: 1 AGENDA N ITEM# SUBJECT MOTION VOTE A B E J G R I 0 B DN OK M A 0 L W 0 O Y L N A 0 A US 0 T T E E ENS R S OPE TR Y S E S DENDN CITY COUNCIL'S BRIEFINGS A. TIDEWATER COMMUNITY COLLEGE Dr.Gregory UPDATE DeCinque,President Dr.Michael Summers, Virginia Campus Provost—TCC MAYOR'S PRESENTATION TIDEWATER COMMUNITY COLLEGE Dr.Gregory 50TH ANNIVERSARY DeCinque,President FOOD TRUCK ORDINANCE B. DISCUSSION II. CITY MANAGER'S BRIEFINGS A. OPPORTUNITY ZONES UPDATE Kathy Warren, Director—Strategic Growth Area Office B. BURTON STATION LAND PURCHASE Kathy Warren, Director—Strategic Growth Area Office C. FY 2019-2020 RESOURCE MANAGEMENT PLAN(Budget) CAPITAL IMPROVEMENT PROGRAM (CIP) STORMWATER Tonia Alger, Stormwater Engineering Center Administrator—Public Works COASTAL-RESCHEDULED Daniel Adams, Coastal Program and Project Manager— Public Works D. INTERIM FINANCIAL STATEMENT Alice Kelly,Interim AND PENSION STATUS- Director-Finance RESCHEDULED III/IV/V/ CERTIFICATION CERTIFIED 11-0 YY Y Y Y Y Y Y Y Y Y VI/A-E CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/19/2019 PAGE: 2 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN OK M A 0 L W 0 O Y L N A 0 AU S 0 T T E E ENS R S O O E T R Y S E S DENDN F. MINUTES APPROVED 10-0 YY Y Y A Y Y Y Y Y Y Informal/Formal Sessions B February 05,2019 S T A N E D MINUTES APPROVED 10-0 YY Y Y Y Y Y Y Y Y A Special Formal Session B February 11,2019 S T A N E D H. PUBLIC COMMENT CAVALIER SHORES PARKING 10 SPEAKERS PROPOSALS/OPTIONS: H.1 AMEND City Code Sections 21-353 and 21- 354 re Residential Permit Parking Program H.2 AMEND City Code Sections 21-361 and 21- 364 to IMPLEMENT Pilot Program re Residential Permit Parking H.3 ADD City Code Sections 21-361 through 21- 371 to create a Temporary Construction Parking Permit Program and DESIGNATE a Temporary Construction Parking Permit Area I. PUBLIC HEARINGS I.1 LEASE OF CITY PROPERTY a. 457+/-acres on North Landing Road NO SPEAKERS b. 9.7+/-acres at 1401 Southern Boulevard NO SPEAKERS 1.2 ACQUISTION,BY AGREEMENT NO SPEAKERS 0.18+/-acres at Burton Station near Miller Store Road I.3 DECLARATION AND SALE OF NO SPEAKERS EXCESS CITY PROPERTY 6.4 acres at Princess Anne Road and Community College Place J./K. 1. Resolution to AUTHORIZE the City to ADOPTED 11-0 YY Y Y Y Y Y Y Y Y Y become a member of the American Flood Coalition CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/19/2019 PAGE: 3 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R 1 0 B DN OK M A 0 L WO O Y L N A 0 AUS 0 T T E E ENS R S O O E T R Y S E S DENDN 2. Substitute Ordinance to ADD City Code ADOPTED 7-4 NY Y Y Y N Y N Y Y N Section 18-108.2 re license code for mobile food vending 3. Ordinances to AUTHORIZE the City ADOPTED,BY 11-0 YY Y Y Y Y YY Y Y Y Manager to EXECUTE a Lease of city- CONSENT owned property for one year,with four optional one-year renewals with: a. Land of Promise Farms Partnership for 457+/-acres on North Landing Road b. MEB General Contractors,Inc.,at 1401 Southern Boulevard re store construction materials and use as a laydown yard 4. Ordinance to EXTEND the date for ADOPTED,BY 11-0 YY Y Y Y Y YY Y Y Y satisfying the conditions re closure of one- CONSENT half of an unimproved,unnamed alley adjacent to the rear of 829 South Atlantic Avenue in Croatan 5. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 YY Y Y Y Y YY Y Y Y encroachment into a portion of existing CONSENT right-of-way known as Island Lane located at the front of 3004 Island Lane re maintain an existing paver driveway and a 2'X 2'brick wall 6. Ordinance to AUTHORIZE the donation ADOPTED,BY 11-0 YY Y Y Y Y YY Y Y Y of reclaimed concrete to Lynnhaven River CONSENT NOW re create a sanctuary reef in the Western Branch of the Lynnhaven River 7. Ordinance to AMEND the Adopted FY ADOPTED,BY 11-0 YY Y Y Y N YY Y Y Y 2018-2019 Capital Improvement Program CONSENT (CIP)Project Description and Scope for Aragona Drainage Improvements re AUTHORIZE the acquisition of necessary property and easements 8. Ordinance to APPROPRIATE$1.8- ADOPTED,BY 10-1 YY Y Y Y N YY Y Y Y MILLION from General Fund Balance to CONSENT Risk Management Internal Service Fund re insurance premiums and self-insurance claims 9. Ordinance to ACCEPT and ADOPTED,BY 11-0 YY Y Y Y Y YY Y Y Y APPROPRIATE$50,000 from Virginia CONSENT Department of Emergency Management to the Fire Department FY 2018-19 Operating Budget re purchase equipment for the Technical Rescue Team CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/19/2019 PAGE: 4 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R 1 0 B DN 0 K M A 0 L WC' O Y L N A 0 A US 0 T TEEENS R S O O E T R Y S E S DENDN L. 1. CLEAR CREEK HOLDINGS,LLC fora DEFERRED TO 11-0 YY Y Y Y Y YY Y Y Y Conditional COZ from R-10 Residential&I- MARCH 19,2019, 1 Light Industrial to Conditional I-1 Light BY CONSENT Industrial at a vacant parcel off of South Birdneck Road,approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6—BEACH M. APPOINTMENTS RESCHEDULED BYCONS ENS US 2040 VISION TO ACTION COMMUNITY COALITION BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION BAYFRONT ADVISORY COMMISSION Appointed: 11-0 YY Y Y Y Y YY Y Y Y Whitney Graham Planning Commission Ex-Officio 3 Year Term 2/19/2019—1/31/2022 BOARD OF BUILDING CODE APPEALS Appointed: 11-0 YY Y Y Y Y YY Y Y Y —ELECTRICAL DIVISION Dana Kelly 2 Year Term 2/19/2019—12/31/2021 COMMUNITY POLICY AND Reappointed: 11-0 YY Y Y Y Y YY Y Y Y MANAGEMENT TEAM Robert Matthias Joy Rios-Parent 2 Year Term 4/1/2019—3/31/2021 DEVELOPMENT AUTHORITY Appointed: 11-0 YY Y Y Y Y YY Y Y Y Michael Standing Unexpired Term thru 8/31/2020 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/19/2019 PAGE: 5 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN OK M A 0 L W 0 O Y L N A 0 AU S 0 T TEEENS R S O O E T R Y S E S DENDN HEALTH SERVICES ADVISORY Reappointed: 11-0 YY Y Y Y Y YY Y Y Y BOARD Cheryl Davidson Betty Rouse Victoria Strasnick Bruce Williams 3 Year Term 4/01/2019—3/31/2022 Appointed: Steven Annunziato Unexpired Term thru 3/31/2021 HUMAN RIGHTS COMMISSION Reappointed: 11-0 YY Y Y Y Y YY Y Y Y Tomasine Cubine Frances Knight- Thompson Emiliano Orencia Luis Rivera Teresa Stanley Rabbi Zoberman 3 Year Term 4/1/2019—3/31/2022 OCEANA LAND USE CONFORMITY Appointed: 11-0 YY Y Y Y Y YY Y Y Y COMMITTEE Mayor Robert Dyer No Term PARKS AND RECREATON Appointed: 11-0 YY Y Y Y Y YY Y Y Y COMMISSION Kenneth Reid- Rose Hall Unexpired Term thru 8/31/19+3 Years 9/1/2019—8/31/2022 PERSONNEL BOARD Appointed: 11-0 YY Y Y Y Y YY Y Y Y Frank Borum Alternate Unexpired Term thru 2/28/2021 STORMWATER APPEALS BOARD Appointed: 11-0 YY Y Y Y Y YY Y Y Y Terry Berglund- Citizen 5 Year Term • 2/19/2019—3/31/2024 TRANSITION AREA/ITA CITIZENS Reappointed: 11-0 YY Y Y Y Y YY Y Y Y ADVISORY COMMITTEE William Brown Dawn Flora James Fox William Sawyer 3 Year Term 3/1/2019—2/28/2022 CITY COUNCIL LIAISONS Appointed: 11-0 YY Y Y Y Y YY Y Y Y 2040 VISION TO ACTION John Moss COMMUNITY COALITION Sabrina Wooten BEACHES AND WATERWAYS Aaron Rouse ADVISORY COMMISSION N/O/P ADJOURNMENT 8: 16 PM