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AUGUST 6, 2019 FORMAL SESSION MINUTES r. WSJ o;'may y�� 4=}r�j **41 i l��eE✓„OF OUR:e.ea VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 6, 2019 Mayor Robert M. Dyer called to order the CITY COUNCIL'S BRIEFING in in the City Council Conference Room, Tuesday, August 6, 2019, at 2:00 P.M Mayor Dyer requested a moment of silence in honor of the mass shooting victims in El Paso, Texas and Dayton, Ohio. Council Members Present: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *The City Council briefing re Potential November 2020 Flooding Projects Bond Referendum, was delayed as Council Member Moss was running late. 2 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR UPDATE ITEM#69442 2:03 P.M. Mayor Dyer welcomed Chief James A. Cervera, Police. Chief Cervera expressed his appreciation to City Council for their continued support: rc� 2019 Mid-Year Update ,pt 1N "The Virtues of Policing" August 6, 2019 Chief of Police James A. Cervera Here is an overview of Part 1 Crime-2019 Year to Date at June 30 with the preliminary clearance rate of 31.7%: Part i Crime -2019 Year to Date at June 30 % Total Total % % Actual Actual Change Clearances Clearances Cleared Cleared 1m. zoi8 zot9 2ot8 2ot9 2o18 2ot9 I omicide' 7 19 171.4% 9 14 128.6% 73-7% I',pe 55 _ 6o 9.1% 38 43 69.1% 71.7% r obbery 95 98 3.2% 59 63 62.1% 64.3% vated Assaults 167 125 -25.1% 126 107 75.4% 85.6% o:e^. 324 302 ! -6.8°, 232 I 227 71.6% 75.2% Burglary 247 245 -o.8% 72 71 29.1% 29.0% Larceny 3,151 3,258 3.4% 874 906 27.7% 27.8% Motor Vehicle Theft 219 _ 243 11.0% 54 73 24.7% 40.0% Arson 16 14 -12.5% 12 9 75.0- a4.3% Pro.•rt 3,633 3,760 3.5% 1,012 1,059 27.9% 28.2% otal 3,957 4,062 2.7% 1,244 1,286 31.4% 31.7% August 6, 2019 3 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR UPDATE ITEM#69442 (Continued) There have been 243 Motor Vehicle Thefts: MOTOR VEHICLE THEFTS Remember... 243 TO ��Lock It up KEEP I . II 148 or 61% stated that a key was 'r ,? 9-o QY•" Y� I Y T. . IP ME in the vehicle or the vehicle was 1 1 :)".,1 6aa ts�lWll.alY tati � p T; •W I r6 �.6ryr unlocked Q -��_, ': ►, NO •t•#9PMRout1ne. 1101111 '` � . � a�• a 6006db ...667W 1 Here is an overview of Arrest/Charges and Traffic Summonses from January 1, 2019-June 30, 2019: Arrest/Charges and Traffic Summonses January a, 2019 -June 3o, 2019 Oceanfront Citywide Felony Charges 171 6.2% 330 11.0% Felony Charges 2,271 7.7% 4,041 10.4% Misdemeanor Charges iN 46.0% 1,334 0.2% MHy.eany,Merges 6.1N 27.1% 12.142 21.2% Tra0le Summonses ones 661 44.8% 1y00 NA% TraRH Sammons tj 6/.7% yiia a,2% 1.020 2,70 20A42 36,717 Virginia Ranh 024 WA% 1,337 04% Virginia 400 20,747 70.4% 26,64 N.6% Hampton ROW, 476 24.6% 713 26.6% Roads 1,260 21.3% 1,7N ma% ,n Vaot Hampton Roads 226 12.1% 31$ 114% h Roads 067 Le% 1,06 2.6% Other 206 14.7% 20 14.1% Otis 1,60 1.2% 1139 6.0% 1,020 2,70 20µ7 20,717 au .1=n White 1.162 00.2% 1,611 0A% Mete 17,131 18.1% 21.02 666% $1400 70 0.7% 1.070 20.7% 100 10.07 36.6% 14.761 20.1% amn 26 1.3% N 1.3% Asian w 2.3% 612 26% Indian 2 0.1% 2 0.0% Indian 16 0.0% 16 0.0% Hisoardo 24 1.2% 31 1.1% Mom* ON 2.7% 1.006 2.6% 131400*n 7 0.3% 0 0.2% thrtnawn 20 0.6% 220 0.4% 1,029 2.70 26,40 11,717 August 6, 2019 4 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR UPDATE ITEM#69442 (Continued) 396 guns have been collected this year with 23 collected for "safekeeping": y+,_ imko 396 Guns Collected inYTD 6/30/i9: For safekeeping P 9 - 3 allir qint All other reasons -373 44 from Oceanfront Study Area ivir Jo Here is an overview of Citizen Contacts made in the past six months: 301 129,339 Use of Force Incidents 0.233% Citizen 2b Contacts Citizen Complaints 411 Citizen Complaints for Use of Force 0.0008% at6/30/2O19 6 August 6, 2019 5 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR UPDATE ITEM#69442 (Continued) Eight(8)subjects with weapons were apprehended without incident: WITHOUT INCIDENT4 ; 8 '1 Subject with a handgun in hand—3 44 r Firearm nearby or on their person—I Subject with a knife in hand-1 Other*-3 *Subject reported to have a weapon or threatened that they had a weapon on them during encounter Total weapon law violation charges-338 at 6/3o/2ot9 7 The Crisis Intervention Team (CIT)responded to 1,723 incidents this year: Crisis Intervention Team Police Human Department/Public Services Individual/ Safety Mental y Health Famil CITE Facility Veterans Administration YTD 2olq- 1,723 CIT Incidents,Average Call Time 2 Hours,47 Minutes Note CIT call types include t'.ri,,Intervention Eent,Mental,Temporary Retention Order,EmergencyCustody Order,and Suicide Attempt.Includes all division.Created 7/11/rn 8 August 6, 2019 6 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR UPDATE ITEM#69442 (Continued) Here is an overview of Mobile Co-Response Team Final Disposition from 11/6/18—6/14/19(377 Incidents): MOBILE CO-RESPONSE TEAM FINAL DISPOSITION 11/6/18 —6/14/19 (377 INCIDENTS) Unable to Locate Temporary Detention Orders(TDOs) Refused Services Ref to Voluntary Inpatient Ref to PATH Ref To Private Provider incl Safety Support Plan(SSP) Ref to Outpatient/Same Day Access incl SSP Ref to ID/REACH g Ref to Emergency Department 34 Ref to Housing Resource Center Inc]SSP 1 Medical Admission 2 Emergency Custody Orders(ECOs) 51 Crisis Stabilization 4 Community Based Crisis Stabilization I Cleared on Scene 25 Cleared before Arrival i Arrests 6 Here is an overview of Select Offenses between years 2008—2018. Offenses are down 16.7%since 2008: Virginia Beach Police Department Select Offenses Years 2008-2018 Zone 3261 Offense Description 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Total ARSON 3 o i7 i 6 3 1 3 0 ASSAULT,AGGRAVATED 21 20 36 30 37 24 24 20 33 28 23 133 ASSAULT,SIMPLE 319 303 301 312 309 315 305 244 216 235 254 BURGLARY 82 138 177 151 99 99 69 66 59 62 41 1,043 FORCIBLE SEXUAL OFFENSES 10 8 4 6 6 10 13 7 6 8 4 LARCENY 275 393 371 301 292 343 307 311 271 358 323 3,545 MOTOR VEHICLE THEFT 58 49 71 44 40 42 31 34 34 43 30 476 MURDER 0 3 0 3 3 0 5 2 3 3 2 24 ROBBERY 42 40 29 33 18 29 22 21 16 27 13 290 WEAPON LAW VIOLATIONS 71 57 47 60 67 71 58 55 70 51 49 656 Total:1,014 1,042121211 840Eli 709iimm Down 16.7%since 2008 August 6, 2019 7 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR UPDATE ITEM#69442 (Continued) Here is a breakdown of the 247 Special Event Permits issued this year: �Eny, .'" ` SPECIAL EVENT PERMITS °" . 1st Precinct — 37 /r:� 2nd Precinct — 156 ,,,,,,, LIVE L FAEE ;ra `srz .FERGUSON 3rd Precinct — 41V t r F"wE' 4th Precinct — 13 zo19. �J LIVE! cFESTIVAL ON °''�" 1"` ATLANTIC 35TH ANNUAL JULY 4 5K Mt.Trashmore Family YMCA The construction of the 4th Precinct Building will be complete this fall: 4TH PRECINCT BUILDING UPDATE Li' _ _ —wEess ie!ii"' August 6, 2019 8 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR UPDATE ITEM#69442 (Continued) Here is the schedule for the Neighborhood Survey: NEIGHBORHOOD '_'` SURVEY Dates k = • August 24th—Green Run/4th Pct&Pecan Gardens • August Zest—Manchester Village,The Oaks,Scarborough Square • September iith—Hill Meadow,Emerald Point/Washington Square,Atlantis Apartments • September 28th&29th—Lake Edward,Campus East,Northridge • September 25th is the makeup date Tonight is National Night Out. This annual event is held to strengthen the bond between community and law enforcement: ice e,prAir '" y . TONIGHT! @ °. . N` 40 C `. JAC �o,c,• o e National Night Out 2o18 August 6, 2019 k , ,i,444,11 6 I 1:1 CITY MANAGER'S BRIEFINGS POLICE DEPARTMENT MID-YEAR UPDATE ITEM#69442 (Continued) . 9 ffiy 4- ., -ii ,ram - P v` y e- , °\ �`� ,� : 1111;611 , Ail, SILittike sow1 + ,„, _40 . 7.- .....:-..---=110,110.1.1"..r_;.,. :! � - y •\ •, r U p' :- rGINIA BEACH i-,_,---,i1,rai- • 1 ' 4 � - 4 '4' t 11111 , -,, i: t,f IV' -.‘i-Till WM illik. . dillHI4 01111/ k it , • Mayor Dyer expressed his appreciation to Chief Cervera for the presentation. August 6, 2019 10 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTERS(E-SCOOTERS) UPDATE ITEM#69443 2:37P.M. Mayor Dyer welcomed Brian Solis,Assistant to the City Manager for Special Projects. Mr. Solis expressed his appreciation to City Council for their continued support: i Shared Mobility Services Motorized Scooters Update ,,. - City Cc.ici.Ir`o mai Session =- A,gust 6,2C'9 a' _---- OW Briar S.So:is,Assistart to the City Marage- Specal Projects Of ifie Here is an overview of today's presentation: Overview i. Current Reality and Recent Changes Existing City Code Atlantic Avenue Shared Lane-July 9,2019 Change Presence of Motorized Scooters - Geofencing -_ t Path Forward a. Continued due diligence on best practices and lessons learned b. Stakeholder involvement and community engagement x c. Franchise permitting process III Questions and Answers August 6, 2019 11 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTERS(E-SCOOTERS) UPDATE ITEM#69443 (Continued) Here are the current City Codes applicable to motorized scooters: Current Reality - City Code ► 7-6.1 Stickers required on mopeds,motorized skateboards and motorized scooters ► 7-50 Helmets required for riders of bicycles,electric personal assistive mobility devices,electric power-assisted bicycles,motorized scooters fourteen(14)years of age or younger — ► 7-59 regulations pertaining to riding on city sidewalks and bicycle paths other than the - resort area I. 7-59.1 regulations pertaining to riding wheeled devices or vehicles in the resort area ilii ► 7-59.2 regulations pertaining to riding on the beach or boardwalk FE r 7-59.3 regulations pertaining to riding wheeled devices or vehicles on the grassy area or bicycle path adjacent to the boardwalk and oceanfront parks and plazas Here are pictures taken July 9th of motorized scooters on Atlantic Avenue: Current Reality July 9th Atlantic Ave. Change/Presence of Motorized Scooters =, a .e a_ -"Ittialialt." -- - ft:_z.. , ! . _ . ,8 jo August 6, 2019 12 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTERS(E-SCOOTERS) UPDATE ITEM#69443 (Continued) Here are images of Geofencing regulatory information provided to motorized scooter users: Current Reality -Geofencing ... _Urns `.;• m E tine m m1111=111111 ....aima,,......all _ ... fi = a e] G. .4.4.4444...44.4 - y L . f4z r e.. . t sera ..n t almini•pHcn • / , —. e ‘. a The City is using other municipalities best practices and lessons learned in the decisions to regulate motorized scooters: Path Forward - Continued Due Diligence `— on Best Practices andMir `". Lessons Learned (j artingtonva.us �'� _ "'<""'"" ransportation '.se...., ��►.t►Lime -® s •s - -•^^^m ,,t••t 1 Shared Mobility Devices •».• •..,..:...r El „k t,1,,' _ o....... w.m a.ea..o.• tk.ckless Mobility a..n..w� cm....xe M..M...a _'—"' ~r-�^_ n.city a aamnn•h.w+w.plot mown ..a.•:r.i.. Pq.". ...awn ...t.......—....-,.... b allow Pe onpww b op•le Owed ...."'t"''sa wn''m<.''''".x :..... moa•tylmen Ouch.Cudew.akaeme and woolen a.alebleke nine F a.Ply under nine P ,F.edba.k n mown demrrwenimp•e WIM..•W r.rw..ae.....m.....yo... �:•••' .rr. r -� '�II'�rp ��' .rp•i.0~Me..p...eno NA lime a..w.+..'nee meow.w**Ole.Lear-...• .`.. :••••sew... *MO..d wan.aw..rwa.•..twmw..ae .....vtt.. to t. ..r.t.wv.n.....nn..dpM b he city r_,,___,Ma _—_,.mm.. — ..aar..mm.wwnn•M•.a.ar.ra. ..wm........ rS"...."—"`—re".:'�.'.'.� _ <..n.an«..n....sm<,...,.......r e August 6, 2019 13 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTERS(E-SCOOTERS) UPDATE ITEM#69443 (Continued) Here is an overview of the Path Forward: Path Forward - Stakeholder Involvement and Community Engagement To create constructive dialogue about use of motorized stakeholder scooters, facilitated discussions are focused around the Involvement following four questions: and Community Engagement \\ 1. Where do you think motorized scooters should be Safer prohibited? 2. Where do you think motorized scooters could and 1 » Shared Use should be permitted? Environment / 3. What other measures can motorized scooter ae,n rtnn companies do to ensure safe rider behavior? �n nr»�ate 4. What other regulations should the Cityconsider eg adopting to ensure safer motorized scooter use? Path Forward - Franchise Permitting Process! September- July-August October 2019 2019 City Code November- Continued amendments+ December 2019 stakeholder Solicit and Execute involvement and Accept Franchise Agreement(s)and Public Input Permit Award Franchise Survey Applicationls) Licenses - • • • August 2019 October- Y- Development November 2019 k =-' of Franchise Evaluate Application Applications and and Permit Consider Process Franchise Agreement(s) August 6, 2019 14 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTERS(E-SCOOTERS) UPDATE ITEM#69443 (Continued) Shared Mobility Services Motorized Scooters Update Questions and Answers lap' Council nfornzl Session z•' A,gust 6,2019 fity Mayor Dyer expressed his appreciation to Mr. Solis for the presentation. August 6, 2019 15 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69444 3:30 P.M. Mayor Dyer welcomed William Landfair, Planning Evaluation Coordinator. Mr.Landfair expressed his appreciation to City Council for their continued support: • ( er Virginia Beach Planning Items August 6th & August 20th City Council Meetings There are five(5)Planning Items scheduled for August 6th: SUMMARY — August 6th 5 Planning items scheduled for City Council's consideration 1. Rowelma M.McGraw—Bayside District �� • Conditional Use Permit(Family Day Care Home) • Recommended for Approval by Planning Commission&Staff )1 vM 2. SK8 House Virginia Beach,LLC—Rose Hall District _ _ - • Conditional Use Permit(Indoor Recreational Facility) • Recommended for Approval by Planning Commission&Staff �`•` ' �e'r"' 3. Mishorim Gold VAB,LP—Rose Hall District • Condtional Use Permit(Indoor Recreational Facility) \ ��:, _ • Recommended for Approval by Planning Commission&Staff ' - 4. MMR Associates,LLC—Princess Anne District • Modification of Proffers Y • Recommended for Approval by Planning Comm ssion&Denial by Staff 5.Josephine P.Parker—Beach District • Conditional Use Permit(Automobile Repair Garage) • Modification of Conditions(Bulk Storage Yard) • Recommended for Approval by Planning Commission&Staff { August 6, 2019 16 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) Rowelma M. McGraw Agenda Item Council District Bayside Location 5504 Haden Road i /rti i..„,j i„...:,,...t. ..s. I "I'-,--- ''--;---'ib''-- 10 L--- - i ---...e„r� w.. ,:u Conditional Use Permit(Family Day-Care Home) Staff recommends Approval Planning Commission voted 9-0 to recommend Approval Rowelma M.McGraw y i • Request for Conditional Use , Xi Permit for a Family Day-Care #f,f' �,. Home for up to 12 children in the r =m. .. Diamond Springs neighborhood • i t �.. , '4 • 7,500 square foot parcel has an enclosed backyard for the children to safely play outdoors ter= Win• • Currently operates a day-care as =r a matter of right without incident August 6, 2019 17 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) SK8 House Virginia Beach, LLC Agenda Item Council District Rose Hall Location 600 S.Lynnhaven Road,Suite 101 2 B, a ow AY(' Conditional Use Permit(Indoor Recreational Facility) Staff recommends Approval Planning Commission voted 9-0 to recommend Approval SKS House Virginia Beach,LLC 9(8IWE — • Request for a Conditional Use Permit for an Indoor wrsN.rrw. - Recreation Facility to operate a family entertainment center - � = •�MIOr1Y�IMs. a _ .•r�wywwr .j` • 27,000 square-foot unit in the Lynnhaven North Shopping 9a Center to include a restaurant,a roller skating rink,an indoor children's jungle gym,and a gaming center • Both onsite and offsite parking provided,via a • Additional plant material to be installed recorded shared parking agreement,to meet 135 space requirement August 6, 2019 18 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) Mishorim Gold VAB, LP Agenda Item Council District Rose Hall Location 2720 North Mall Drive,Suite 100 3 113-2 /11 134 S Conditional Use Permit(Indoor Recreational Facility) Staff recommends Approval Planning Commission voted 9-0 to recommend Approval Mishorim Gold VAB,LP • Request for Conditional Use Permit for Indoor Recreation Facility with activities such as trampolines,zip line,trapeze,foam pits,arcade games and an American Ninja-style obstacle course • No changes to the 41,000 square foot building other than signage • Additional plant material to be installed • Parking requirement of 180 spaces met onsite August 6, 2019 19 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) MMR Associates, LLC Agenda Item Council District Princess Anne Location 596 Princess Anne Road 4 AG 2 8 2 r AG-2 ff 5 Modification of Proffers Staff recommends Denial Planning Commission voted 9-0 to recommend Approval MMR Associates,LLC .. .„. , . .. Mr" 1 OF rfOIIKE x "' GnraNaoN 5 _ea,- . .. 7:1 , - . .-- . s NIO�IY� IYm i • ik- • 1fSb ..• ENMlrt IAA ws�.P'wsr ,T3.3110.3. e3.3110..P EA, .f, N s ,a • Requesting modification of proffers,as shed will encroach into setback along Morris Neck Road • 2016 proffered plan depicted a 50'X 100'metal building 20 feet from the Morris Neck Road property line • Approved site plan depicts shed at 20'setback,but note on cover sheet incorrectly indicates a 0'setback • Foundation poured at 6.53 feet from right-of-way,rather than the 20 feet required August 6, 2019 20 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) Josephine P. Parker Agenda Item Council District Beach Location 573 Central Drive 5 1 \ v_..........____, , .....__ . : ../e'---'/',00-(' '\, Conditional Use Permit(Automobile Repair Garage) Staff recommends Approval Planning Commission voted 8-0,with 1 abstention,to recommend Approval Josephine P.Parker • Proposing CUP for an Automobile Repair Garage for alternative fuel vehicles and Modification of Conditions to enlarge a Bulk __--------------___-- Storage Yard n Security Fen -"-._._.._..-+._ i a • Request compatible with the AICUZ and with other industrial/business uses along '—il eie.INN_ , e. Central Drive and within the Oceans West ' - Industrial Park • -i • No changes to building or site,with the Iliil _"-- exception of signage and modifications to l L®ra fatal I ilraal I r security fencing • Additional streetscape landscaping to be •tre. gt.e° installed along Central Drive • No changes to existing cell tower August 6, 2019 21 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) There are eight(8)Planning Items scheduled for August 20th: SUMMARY — August 20th 8 Planning items scheduled for City Council's consideration 1. David W.Lee and Kimberly B.Lee—Beach District ;.�..'.`"•'`" • Street Closure • Recommended for Approval by Planning Commission&Staff W. : e•Ja ,Ma. 2. John E.&Jennifer K.Alex—Beach District •� .• • Street Closure ' • Recommended for Approval by Planning Commission&Staff •` 3.KI Kennels,LLC—Princess Anne District • Conditional Use Permit(Commercial Kennel) • Recommended for Approval by Planning Commission&Staff :, 4.Town Center Associates—Bayside District • Alternative Compliance • Recommended for Approval by Planning Commission&Staff 5.City of Virginia Beach • Ordinance Amendment-Assembly Uses in Residential Zoning Districts • Recommended for Approval by Planning Commission&Staff “7. . LL SUMMARY — August 20th 8 Planning items scheduled for City Council's consideration 6. Draybun Sajo,LLC—Kempsville District f • Conditional Use Permit(Assembly Use) or.. • Recommended for Approval by Planning Commission&Staff --:,,.•oi.N��yy e•w.r,R.r FI,e.Kn'� i' 7.Princess Anne Hotel,LLC ;,"•" • Conditional Use Permit(B-2 Community Business District to 1 c 4-`VC04.1 a�ri. Conditional B-4 Mixed Use) `� • Recommended for Approval by Planning Commission&Staff 8. Anina Budig—Bayside District • Conditional Rezoning(R-10 Residential District to Conditional \ "- PD-H2(R-10 Overlay) _ • Recommended for Approval by Planning Commission&Staff August 6, 2019 22 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) David W. Lee & Kimberly B. Lee Agenda Item Council District Beach Location Adjacent to 617 S.Atlantic Avenue "tcdR1 t k I R 10 IS Street Closure Staff recommends Approval Planning Commission voted 9-0 to recommend Approval David W.Lee&Kimberly B.Lee 7 8A S 7.5'x 50'Portion of :.._ Alley To Be_ closed • Request to close 375 square feet of an unimproved --e \\ t•,, � alley adjacent to 617 S.Atlantic Avenue in Croatan • Two street closure applications granted in this block Right-of-Way Line pp To Be Vacated since 2000,including property to the west(lot 8A, zo top of screen) _W- I '�%"'� I s • Property line to be vacated and area incorporated "` into the applicant's parcel • No objections raised by the Viewers or by the neighborhood 617 S.Atlantic Ave 5.ATLANTIC AVENUE OCT) August 6, 2019 23 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) John E. &Jennifer K. Alex Agenda Item Council District Beach Location Adjacent to 536 Vanderbilt Avenue 2 C 1 ' 2 .✓a ( ��.�.+e�ou R10 y f fft f ��,✓ fi*I......' 4 IL t , \\C �k _ Street Closure Staff recommends Approval Planning Commission voted 9-0 to recommend Approval John E.&Jennifer K.Alex TS X Se rmllai of 'II x.r.- May_ _ ar To Be Oaaad ___ -s<:a ys1ue._ \ \ x _ewer • Request to close 375 square feet of an unimproved \\L alley adjacent to 536 Vanderbilt Avenue in Croatan 'Crle E YAWED ' • Street closure application granted in 2004 and area aa a.a�. incorporated into lot to the east(top of screen) .a L e , m , „< r • Right-of-way line to be vacated and area incorporated it into the applicant's parcel SSB VandwNt Are if • No objections raised by the Viewers or by the "4 ;., 'Na i ° neighborhood VNC VLTAVEN4E(W WW1 1,"`-..w.I' ur ALLEY .l.. lm sr......) ADJACENT TO LOT B N-.YB I CPOATAN BEACH wa TO BE CLOBEO August 6, 2019 24 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) KI Kennels, LLC Agenda Item Council District Princess Anne Location 6444 Knotts Island Road 3 ,,,u). _L___1_, ,-- _ i ^ - AG-2 17,,., T*"" AG..I s..wru+ f{ '-- Conditional Use Permit(Commercial Kennel) Staff recommends Approval Planning Commission voted 9-0 to recommend Approval KI Kennels,LLC we.manMw _,.: 1 At _ : _ ,,_, iv., — �;4 hl" i g • Request for Conditional Use Permit for Commercial Kennel for daycare and elovernight accommodations for up to 8 dogs hit l i Iih hi, • Dogs kept primarily indoors within an existing 1,000 square foot conditioned I�CCI [1"'11f t-. building that is both heated and air-conditioned,but not soundproofed • Nearest dwelling approximately 200 feet from the kennel building August 6, 2019 25 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) Town Center Associates 9, LLC Agenda Item Council District Bayside Location 4556 Commerce Street 4 y ""T ; i. , I ....'". j ' 1 ce ...v..... �' t' f ✓: .1... 1J�- 6 .�, sa•„{, �,✓ t �,« ! ;y, we �(`i CB ,L„ Alternative Compliance Staff recommends Approval Planning Commission voted 9-0 to recommend Approval Town Center Associates 9,LLC • Applicant requesting Alternative Compliance for a multi- tenant,directional blade sign adjacent to the exterior stairwell located mid-block along Columbus Street on the south side of the property • Sign will direct pedestrians to Town Center's new Public Terrace and establishments located on the 2nd level • Request necessary as CBC District sign rules limit: a, )` o projecting or blade signs to ground story �� r - r; " establishments -;: r o a maximum size of nine square feet per face,and -.4 o signs to portion of a building wall occupied I _ exclusively by the establishment associated with the sign August 6, 2019 26 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) City of Virginia Beach Agenda Item 5 An Ordinance to Add Section 223.02&Amend Section 501 of the City Zoning Ordinance Pertaining to Assembly Uses in Residential Zoning Districts CVB-Assembly Uses in Residential Zoning Districts Purpose of Amendment—Permit an Assembly Use as a conditional use in the R-30 and R-40 Residential Districts,provided certain conditions are met: 1. Registration of structure on the National,State OR Virginia Beach Historic Registry; 2. All parcels owned by applicant(not including off-site parking arrangements); 3. Minimum site area of three(3)acres; 4. Minimum of 50%of required parking provided on-site; 5. Areas of assembly at least 50 feet from any property line adjacent to residential uses; 6. Outdoor assembly use activity ends by 9:00 p.m.(unless varied in use permit); 7. Unimproved areas for parking stabilized within seven(7)days of event; B. Any flooding caused by assembly uses corrected at owner's expense;and 9. Outdoor assembly uses limited to Friday,Saturday,Sundays,and National holidays. August 6, 2019 27 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) Draybun Sajo, LLC Agenda Item Council District Kempsville Location 5592 Sajo Farm Road 6 .,,., ......, . Z•:=1'4% ,.. • "a' J r S` `I Conditional Use Permit(Assembly Use) Staff recommends Approval Planning Commission voted 9-0 to recommend Approval Draybun Sajo,LLC • 8.10-acre site zoned R-40 Residential District, developed with a 3,500 square foot single-family ----- dwelling(the"Guest House") p �ypq WYY .. _J` _ • Applicant requests a Conditional Use Permit for an • Assembly Use to operate both an indoor and outdoor y event venue on the Sajo Farm Guest House property r,��^ a o No more than 40 outdoor events per calendar year g•- o Limited to 150 attendees per event ti`i o o No limit on number of indoor events o Outdoor events only on a Friday,Saturday,Sunday, ,,• and/or national holidays � 'j o Outdoor events cease by 9:00 pm i -s -- `,s o No live band or amplified music t - I gamer gammao Limited parking onslte,shuttle provided i :--'�--- _, _ � o PC added condition to pave entrance drive d -.., * • Correspondence and speakers appeared in opposition and support WU NO August 6, 2019 28 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) Princess Anne Hotel, LLC Agenda Item Council District Centerville Location Northeast corner of Princess Anne Road&Community College Place 7 .. --N, \ - \ _ „ 3 /7, ......._ , --Q _ ,,.. _-__ ,_, - , .,,,!. ... , ..., .-.,. 7 _ , .., , t---1---- t , 1 .., . , , „, _ ...?„ ... , 2 i .....,, i 14,,,..,., p ‘ „,„,_, .•„:. ,,, ,..„, , .... . `,- ,s E a \, . eav� CC rasa ,t . ! \ N. Conditional Rezoning(B-2 Community Business District to Conditional B-4 Mixed Use) Staff recommends Approval of revised proffer agreement Princess Anne Hotel,LLC cc TP ARGELS 'mee owe .,----._._1 1rm'_R nrn r nrm n m i r rrrmtmnl .r.L r � /`/�,'�+- `- �— Lam. I / City Council approved the !b a k/ rezoning on April 16,2019 %/' r :••x:e '- �� - IY Proffer agreement provided i ° T • to City Council referenced PHASE 1 n PHASE 2 . incorrect exhibits 0 ! _ � , �� „�� • New vote necessary to �• : ensure that what is constructed matches the correct and updated exhibits s-r z ¢R6vO5Ep I - pA P. _ _ RESTAURANT <ittgwa I August 6, 2019 29 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#69444 (Continued) Anina Budig Agenda Item Council District Bayside Location 5588 Moores Pond Road n R , ApprNiT RE(UESTS NDEFINITE DEFERRAL Conditional Rezoning (R-10 Residential District to Conditional PD-H2(R-10 Overlay)Planned Unit Development) Staff recommends Approval Planning Commission voted 8-2,with I Abstention,to recommend Approval Mayor Dyer expressed his appreciation to Mr. Landfair for the presentation. August 6, 2019 30 CITY COUNCIL'S BRIEFING POTENTIAL NOVEMBER 2020 FLOODING PROJECTS BOND REFERENDUM COUNCIL DISCUSSION ITEM#69445 3:55P.M. Council Member Moss opened the discussion and summarized his paper distributed to City Council concerning a Bond Referendum for Flood Mitigation in 2020, attached hereto and made a part of the record. Council Member Moss advised in previous discussions, City Council has agreed to actively consider a Bond Referendum in 2020 using$400-Million as a proposed amount. The case has never been more compelling in terms of the existential threat and the advantageous market with the low cost of borrowing money. The Referendum would allow the public to decide if they want to pay for flood mitigation projects, which would require milestone projects to be identified for public engagement prior to the vote. Council Member Moss advised it is important for all Council Members to agree to add the Referendum. Vice Mayor Wood advised it is important to identify the specific projects such as the Bow Creek project versus general maintenance as the public will want specifics. Otherwise, Vice Mayor Wood is in agreement in adding a Referendum in 2020. Council Member Wilson advised there has been both successful and unsuccessful results with Referendums with lessons for both learned. It will take a lot of planning and needs to be distributed all over the City so people understand what can be gained. The Light Rail Referendum cost a lot of money and it failed, it is important to understand why to avoid a similar outcome. Council Member Wilson advised it will take marketing for this and believes the business community will be supportive; however, there must be a very good plan put in place first. Council Member Henley advised she supports a Referendum but specific projects need to be identified. There are Stormwater and Sea Level Rise projects; however, the Sea Level Rise study is not complete and without those results, those projects cannot be determined. Work is still being done that will determine the projects which should be completed. Council Member Henley advised two-thirds of the City is in the Southern Watershed and yet very little money is dedicated to that area. The concern is that going forward now without the results of studies underway will result in the Southern Watershed being excluded and she does not want to see that happen. Council Member Henley advised during the budget process she requested funding for a Wind-Tide study and she is currently holdingfocus group meetings with three more scheduled before being complete. Council Member Abbott advised she believes the Bond Referendum is the right move now so it will be considered during the Presidential election to have the most public engagement. While the City may not be ready to identify the projects, she does not believe it can wait four (4) more years until the next Presidential election. It is important to present it to the public and show how people in each district will benefit. Council Member Abbott advised due to the timing, she believes the way the money will be spent can be generalized. August 6, 2019 31 CITY COUNCIL'S BRIEFING POTENTIAL NOVEMBER 2020 FLOODING PROJECTS BOND REFERENDUM COUNCIL DISCUSSION ITEM#69445 (Continued) Vice Mayor Wood advised not everyone in the City is impacted by flooding and those that are, are impacted differently depending on where they live. It is important to show the people who are not impacted by flooding, how the money will be spent in order to get their support. Vice Mayor Wood agreed now is the time and the City cannot wait four(4) more years. Council Member Moss advised this is a multi-generational investment similar to the Lake Gaston project the City continues to benefit from. Council Member Moss advised it would be helpful to use technology to provide visualization to citizens so they can see what areas in the City look like before and after flooding occurs from storms. Council Member Jones advised he fully supports the Bond Referendum and requested to know from the City Manager how much time will be needed for him to identify how the money will be spent? Mr. Hansen advised staff proposed to City Council a fifteen (15)year program with a cost of$1.3-Billion. If$400-Million was added, it would almost reach the half-way mark. Mr. Hansen advised while the Sea Level Rise projects have not been identified, the money is necessary now to pay for the internal flood control projects to withstand flooding events now. Mayor Dyer advised it is important to all agree in concept to move forward and will identib,projects in a future discussion. Mayor Dyer advised he is in constant contact with the military leadership who have expressed they need to see the City take action in order to prevent a future BRAC event as flooding and mobility is a focal point going forward. Another focus is on Economic Development, businesses will look at what work is being done to address these problems. Vice Mayor Wood advised last week he attended a dinner with the Under Secretary of the Navy for facilities management and discussed the P-4 Program, when he learned there is money set aside for shovel ready flood control projects off base, where local match is available for areas around the bases. August 6, 2019 Virginia Beach City Council Member At-large John D. Moss Informal Work In-progress Paper Tuesday,August 6, 2019 1 Things to Think About on a Bond Referendum for Flood Mitigation 2 3 At our City Council retreat last winter, we collectively without dissent 4 expressed interest in a bond referendum in November of 2020 to 5 facilitate a more aggressive investment strategy in what we identified as 6 our City's number one priority — flooding due to drainage capability and 7 capacity shortfalls today and sea-level rise tomorrow. Since then we 8 discussed this opportunity ever so briefly. If we as body are seriously 9 committed and unanimous in our resolve to offer the voters the choice of 10 more aggressively investing in drainage projects to minimize our 11 flooding risks, we must begin our homework now. 12 13 My purpose of adding the topic of a Bond Referendum in 2020 to more 14 aggressively invest in drainage/flood mitigation projects is to make sure 15 that we did not deny the voters the opportunity to decide how much risk 16 they want to assume. It is not because I believe that it is foregone 17 conclusion that the voters want to reduce flooding risk over the current 18 fifteen plus year approach. Far from it, I believe it will take all of us in 19 unison in our communication to objectively communicate the risk 20 acceptance being imposed by the current plan on which they got no vote. 21 The former will set the baseline upon which the voters will use to assess 22 their decision to act on a more aggressive pace. 23 24 I remain firm in my conviction that our current investment funding 25 profile is too timid. It is insufficient relative to the consequences should 26 we fully experience the existential threat that our vulnerability to 27 flooding no matter the source, extreme rainfall events, tidal flooding, 28 hurricane or sea level rise impacting all three. The former being stated, I 29 will implement without reservation the decision of the voters on a bond 30 referendum ballot question. Virginia Beach City Council Member At-large John D. Moss Informal Work In-progress Paper Tuesday,August 6, 2019 31 The ten-year U.S. Treasury note is now under two-percent. The time to 32 borrow money has never been cheaper. 33 34 If we adopt an acquisition strategy to award a ten-year construction 35 contract for multiple projects to a single contractor with the appropriate 36 minority subcontracting, we can get more work accomplished for the 37 same amount of money spread over a longer period of time of multiple 38 contracts. I have previously spoken to the advantages on only one 39 mobilization and demobilization, productivity that goes with a stable 40 workforce leveraging lessons learned, and economic quantity purchasing 41 to name a few. My personal professional experience and discussion with 42 industry confirm it is an executable and practical strategy. 43 44 It will require engagement with the Wall Street markets and bond rating 45 agencies. A more aggressive strategy flooding risk mitigation plan 46 brings greater certainty as to the securing the value of our currently 47 estimated $56 billion assessed property tax base and the transaction 48 revenues that come from the residents that occupy that property. I am 49 confident that measures we take based upon a successful bond 50 referendum with the revenue requirement fully disclosed will be 51 favorably received. Mitigating our flooding risk on a faster timeline, in 52 my judgment, is our highest capital investment priority. 53 54 Yes, we have to use our stormwater model to assist us in making sure 55 that our ten-year program is based on science and not personal bias 56 around the table. The projects, like back in 1986, need to appear on the 57 ballot to lock the money into those projects. Likewise, as the debt is 58 retired the amount of retired debt should also be reserved for future 59 flood mitigation projects. Virginia Beach City Council Member At-large John D. Moss Informal Work In-progress Paper Tuesday,August 6, 2019 60 61 An option is a $400 million bond referendum that when adjusted for 62 inflation is less than the Lake Gaston Referendum of$200 million. 63 There is certainly a spectrum of options, but the current interest rate 64 market certainly makes $400 million attractive. Different options for the 65 duration of financing and the amount should also be considered. For 66 example, we could take our traditional approach of level principal 67 payments over twenty years or reduce the duration to level principal 68 payments over ten years, thus, retiring $400 in ten years to support 69 additional investment of$400 million over the next ten years. If the ten- 70 year Treasury note remains favorable, it would create the opportunity to 71 invest $800 million over 20 years versus $400 million with no increase 72 in revenue requirements. The mentioning of these options should not be 73 represented as a proposal by me. The former options are offered as 74 illustrations only to convey the homework we need to accomplish. 75 Homework required, if City Council wants to provide the voters an 76 active voice in deciding the flooding risk they want to accept. 77 78 If there is not yet a consensus to proceed, are there questions that need to 79 be answered in order to secure a decision one way or the other? If yes, so then what are the questions, who as the lead for each, and on what s1 timeline on the answers to be forth coming? 82 83 If we are unanimous in our desire to proceed then the next step is 84 constructing a timeline with milestones of the activities that we need to ss complete in order to get a bond referendum question on the ballot in 86 November 2020. Each of the activities leading to a milestone 87 accomplishment need to be identified and lead action officer identified ss and prescribed deadline set. 89 Virginia Beach City Council Member At-large John D. Moss Informal Work In-progress Paper Tuesday,August 6, 2019 90 Of course, a bond referendum is no substitute for the policy changes that 91 we should be considering and their appropriate adoption in parallel with 92 a bond referendum process. Mitigating the risk of flooding is more than 93 just civil engineering projects. Part of a successful bond referendum will 94 the other measures City Council in partnership with residents is 95 executing. 96 97 Time is our most valuable asset. I prepared this as a primer for our 98 session on Tuesday. Given its brevity, I trust the time of transmission is 99 not a major inconvenience. 32 CITY COUNCIL LIAISON REPORTS ITEM#69446 4:23 P.M. Council Member Moss advised he and Council Member Wooten will attend the 2040 Vision to Action Community Coalition meeting on Friday,August 9th at 9:•00 A.M. Council Member Moss advised he would like to come back to City Council with a Resolution to possibly re-name the Coalition to 2030 versus 2040 along with a paper on the issues to be addressed. The members need guidance from City Council on the areas they should focus. Council Member Wooten advised the members would like to have Mayor Dyer attend a future meeting. August 6, 2019 33 CITY COUNCIL COMMENTS ITEM#69447 4:45 P.M. Council Member Abbott advised she drafted a proposed Resolution to address the recent issue raised by the lady who came before City Council requesting to keep her pet pig. Council Member Abbott advised she and Council Member Rouse held a Town Hall Meeting for input and there were passionate citizens on both sides of the issue. Due to the responses, stake holder input, and discussions with animal control and the Agriculture Department, she would like to wait to propose the Resolution until she can complete more research. August 6, 2019 34 CITY COUNCIL COMMENTS ITEM#69448 (Continued) Council Member Henley requested information on the format for the up-coming Council Retreat. Mayor Dyer advised there will be an agenda that will be pre-approved by Council Members. August 6, 2019 35 CITY COUNCIL COMMENTS ITEM#69449 (Continued) Council Member Tower advised the Resort Area Strategic Action Plan continues with the next meeting scheduled for August 22"d at the Convention Center. Council Member Tower advised he is planning to hold a Town Hall Meeting at the Law Enforcement Training Academy on September 18t, to discuss e-scooters. August 6, 2019 36 CITY COUNCIL COMMENTS ITEM#69450 (Continued) Council Member Tower advised he and Council Member Rouse went on a tour of Naval Air Station Oceana with Congresswoman Elaine Luria last week and was fascinated to learn how much land the Navy owns outside the fence that is not vital to their mission and how much land inside the fence that is regulated. Council Member Tower advised the base is behind on maintenance and are looking at leasing available land to help generate funding to complete maintenance back log. Council Member Tower would like to invite the Commanding Officer to come to City Council to provide a brief August 6, 2019 37 CITY COUNCIL COMMENTS ITEM#69451 (Continued) Council Member Moss advised he has requested the City Attorney to prepare an item for the Legislative Package to amend the City Charter regarding City Council Member elections; when a current Council Member runs for another seat, they vacate their current seat. Council Member Moss advised this would be effective after the next City Council election and would be the same requirement as when a Council Member runs for Mayor. August 6, 2019 38 CITY COUNCIL COMMENTS ITEM#69452 (Continued) Council Member Moss advised he has requested the City Attorney to discuss with the Commonwealth Attorney on what the specific deficiencies were in the City's ordinances that precluded prosecution for elected officials who do not make proper notifications when they move out of the District they were elected to represent. Council Member Moss advised people should be prosecuted and ambiguities should not allow people to circumvent the law. August 6, 2019 39 CITY COUNCIL COMMENTS ITEM#69453 (Continued) Council Member Wooten advised she would like to discuss the advertising that took place for the listening session she requested and held on July 10th. Council Member Wooten advised she read an article after the meeting which said the meeting was illegal. Council Member Wooten advised there was no intent to hold an illegal meeting and wanted to allow staff to clarify the notification that went out prior to the meeting. Mark Stiles, City Attorney, advised he deeply regrets the Council Members who attended were characterized as engaging in illegal activity. Mr. Stiles advised the only thing Council Members did was attend to listen to concerns of employees, there were no votes, deliberations or discussions among them and to have it characterized by one media outlet is very unfortunate. Mr. Stiles advised he was informed there were going to be more than three Council Members planning to attend the meeting and he ensured the meeting was posted on the Meeting Notification Board outside the Freedom of Information Act (FOIA) Office but accepted responsibility for not ensuring information was passed to have the meeting posted on the City's website. Mr. Stiles advised he regrets City Council has received criticism for a mistake he made and promises it will not happen again. Mr. Stiles advised there are other elements with this issue because with a meeting, Minutes are required but without enough Council Members present to constitute a quorum, the meeting Minutes can not be approved. In the past, the Council has been assiduous in ensuring there were no more than two Council Members present at previous events. Amanda Barnes, City Clerk, advised she also feels responsible as it is her duty to post City Council Agendas on the website; however, there was not an Agenda or call for a Special Meeting, she did not post notification. Per the City Code, there are only three ways to call a meeting: 1 —by the Mayor; 2—three members of Council; 3—the City Manager. Mrs. Barnes requested guidance from City Council on how they would prefer the notification be made in the future for a similar meeting. Council Member Henley advised there is confusion between a City Council function and a City Council Meeting. There are several events in the past where all City Council have been invited to attend. If it is as broad as any event where more than two Council Members are in attendance and City affairs are discussed, than it is too broad. Mr. Stiles advised if an event is called by someone other than someone from the City, and more than two Council Members attend then that would be different from this issue of the listening session on July 10`h hosted by a City representative. Mr. Stiles advised there is some disconnect between the governing laws and advised in order to call for a Special Meeting, it must be called by the Mayor, three Council Members or the City Manager. Mayor Dyer advised City Council lives under the scrutiny of the public eye and wants to ensure things are done properly in the future and expressed his appreciation to all Council Members for this discussion. August 6, 2019 40 CITY COUNCIL COMMENTS ITEM#69454 (Continued) Council Member Wooten advised Mr. E. George Minns passed away on July 26`h and distributed a Resolution to be considered to memorialize his work in the Seatack Community, attached hereto and made a part of the record. Council Member Wooten asked if any other Council Members would like to sponsor the Resolution to let her know. This will be considered at a future meeting. August 6, 2019 Requested by Councilmembers Abbott, Tower and Wooten 1 A RESOLUTION IN MEMORY OF E. GEORGE MINNS 2 3 WHEREAS, E. George Minns was a passionate and zealous advocate for his 4 beloved Seatack Community; 5 WHEREAS, in support of Seatack, he: 6 • Served as President of the Seatack Civic League from 2010 to 2018; 7 • Successfully advocated for a new Seatack Community Recreation Center 8 in 1997 and for the reaming of the center in memory of Joseph V. 9 Grimstead, Sr. in 2011; 10 • Fought to bring municipal sewage treatment to Mt. Zion A.M.E. Church and 11 his community in the 1990s; 12 • Established the Seatack College Scholarship Program in 2011 with the 13 assistance of Bishop Barnett Karl Thoroughgood of New Jerusalem Church; 14 • Established the Annual Seatack Image Award and College Scholarship 15 Gala; 16 • Established the Mr. and Mrs. Seatack Program in 2013; 17 • Successfully advocated in 2013 for Seatack's inclusion in the 18 Congressional Record; and 19 • Established the Seatack Living Black History Maker Gala in 2018; and 20 WHEREAS, his many activities as a civil rights leader include: 21 • Serving as President of the NAACP Virginia Beach branch from 1987 to 22 1997; 23 • Successfully advocating for the establishment of the City's Human Rights 24 Commission and its Minority Business Council; 25 • Establishing the first candidate forum held by the African American 26 community in Virginia Beach; 27 • Defending college students following Greekfest 1989; and 28 • Helping to establish the Black Law Students Association at Regent 29 University; and 30 WHEREAS, George touched the lives of countless members of his community who 31 will forever cherish his memory. 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 That the City Council hereby honors the memory of E. George Minns and extends 35 condolences to his family, friends and loved ones. Adopted by the Council of the City of Virginia Beach, Virginia this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney Roderick R. Ingram CA14_/R-1/Aug. 5, 2019 41 AGENDA REVIEW SESSION ITEM#69455 4:47P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Resolution to RE-AFFIRM the City Council Support re Offshore Wind Energy Development 2. Resolution to SUPPORT Limited Access Modifications re VDOT I-264/Witchduck Road Interchange& Ramp Extension Project 3. Ordinance to AMEND Section 2-81 of the City Code re Mandatory Retirement Age 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension with McDonald's Corporation for up to five (5)years for City-Owned Property at 300 21'Street and 305 20`"Street 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Lease Agreement with Virginia Beach Golf Management,Inc., re Bow Creek,Kempsville Greens, and Red Wing Lake Municipal Golf Courses 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property known as Lake Joyce at the rear of 4404 Powells Point Road re maintain an existing bulkhead and construct new timber pier 7. Ordinances to APPROPRIATE: a. $9,460 from the Regional Reimbursement Revenue to the FY 2019-20 Office of Emergency Management Operating Budget re disaster training and deployment reimbursements b. $2,700 from the Fire Department Gift Fund re purchase of grills for Stations 6, 13 and 21 c. $634,540 to the FY 2019-20 Clerk of the Circuit Court Operating Budget re technology related expenses d. $240,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to the FY 2019-20 Police Department Operating Budget re purchase night vision devices 8. Ordinances to TRANSFER from FY2018-19 Reserve for Contingencies: a. $204,281 to the FY 2019-20 Treasurer's Office Operating Budget and ESTABLISH three (3) FTEs re new Treasurer's Office at Sabre Street b. $105,824 and$196,737 from FY 2018-19 Human Services Operating Budget to FY 2018-19 Non-Departmental Operating Budget re cost increases associated with Disabled Veteran and Elderly/Disabled Real Estate Tax Relief Programs August 6, 2019 42 AGENDA REVIEW SESSION ITEM#69455 (Continued) 9. Ordinances to ACCEPT and APPROPRIATE: a. $166,250 from the Department of Homeland Security and to Transfer$8,750 from CIP#3- 506 to the FY 2019-20 Fire Department Operating Budget re purchase a generator for Station 20 and provide a required local match b. $30,000 from the Norfolk Southern Foundation to FY 2019-20 Police, Fire and EMS Operating Budgets-each department receives$10,000 c. $50,000 from the What Works Cities to the FY 2019-20 Economic Development Operating Budget re Early Childhood Language Development Initiatives d. $35,517.12 from the Virginia Department of Health to the FY 2019-20 Emergency Medical Services (EMS) Operating Budget re support squad operations and training e. $137,610 in Aid to Localities Grant Funding to the FY 2019-20 Fire Department Operating Budget re personal protective equipment and training f $24,800 in Lieu of Park Reservation from Shea Farm Subdivision re Park Playground Renovations III g. $200.00 Gift from the Rochester, New York 911 Center to Emergency Communications and Citizen Services (ECCS) re purchase support items ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#1 ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#7c WILL BE CONSIDERED SEPARATELY ITEM#7d WILL BE CONSIDERED SEPARATELY ITEM#8a WILL BE CONSIDERED SEPARATELY ITEM#8b WILL BE CONSIDERED SEPARATELY ITEM#9c WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#9f August 6, 2019 43 AGENDA REVIEW SESSION ITEM#69455 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. MISHORIM GOLD VAB,LP for a Conditional Use Permit re indoor recreational facility at 2720 North Mall Drive, Suite 100 DISTRICT 3—ROSE HALL (Deferred from June 18, 2019) 2. JOSEPHINE P. PARKER for a Conditional Use Permit re automobile repair garage and a Modification of Conditions re bulk storage yard at 573 Central Drive DISTRICT 6—BEACH (Deferred from June 18, 2019) 3. ROWELMA M./GREGORYMCGRAWfor a Conditional Use Permit re family-day care home at 5504 Haden Road DISTRICT 4—BAYSIDE 4. SK8 HOUSE VIRGINIA BEACH,LLC/MISHORIM GOLD VAB,LP for a Conditional Use Permit re indoor recreational facility at 600 South Lynnhaven Road, Suite 101 DISTRICT 3— ROSE HALL 5. MMR ASSOCIATES,LLC for a Modification of Proffers to a Conditional Rezoning approved on August 16, 2016 re 596 Princess Anne Road DISTRICT 7—PRINCESS ANNE ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY August 6, 2019 44 ITEM#69456 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Kempsville LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • City of Virginia Beach vs. Witchduck One&Associates LLC • City of Virginia Beach vs. West Coast Properties Group LLC PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees • Council Appointee Evaluations August 6, 2019 45 ITEM#69456 (Continued) Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 4:50 P.M. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Break 4:50 P.M. —4:58 P.M. Closed Session 4:58 P.M. —5:59 P.M. August 6, 2019 46 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 6,2019 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, August 6, 2019, at 6:00 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None INVOCATION: Pastor Todd Woolston Real Life Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna"), who's Oceanfront Office is located at 303 34`1 Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. August 6, 2019 47 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015, is hereby made a part of the record. August 6, 2019 48 ITEM— VII-E CERTIFICATION ITEM#69457 Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 :4`4G\N1A B.e4c, v L? i ''a z 9S OR O�5 BSA OUR RCS RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#69456 Page 45 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. anda Barn MMC City Clerk August 6, 2019 49 ITEM-VILF MINUTES ITEM#69458 Upon motion by Council Member Moss, seconded by Council Member Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of July 9,2019 Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 50 ITEM-VILF MINUTES ITEM#69459 Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council APPROVED the MINUTES of the SPECIAL SESSION of July 10,2019. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: Jessica P.Abbott John D. Moss Council Members Absent: None August 6, 2019 51 ITEM— VILG. MAYOR'S PRESENTATION ITEM#69460 Delegate Barry Knight PRESENTED: VIRGINIA GENERAL ASSEMBLY HOUSE RESOLUTION No. 4014 COMMENDING THE VIRGINIA BEACH POLICE DEPARTMENT, VIRGINIA BEACH SHERIFF'S OFFICE, VIRGINIA STATE POLICE, VIRGINL4 BEACH FIRE DEPARTMENT, VIRGINIA BEACH DEPARTMENT OF EMS, VOLUNTEER RESCUE SQUADS OF VIRGINIA BEACH, and OTHER STATE AND FEDERAL AGENCIES THAT RESPONDED TO THE TRAGEDY OF MAY 31, 2019, AT THE VIRGINIA BEACH MUNICIPAL CENTER and Delegate Chris Stolle PRESENTED: VIRGINIA GENERAL ASSEMBLY HOUSE RESOLUTION No. 4013 CELEBRATING THE LIVES OF LAQUITA C. BROWN, RYAN KEITH COX, TARA WELCH GALLAGHER, MARY LOUISE CRUTSINGER GAYLE, ALEXANDER MIKHAIL GUSEV, JOSHUA ORION HARDY, MICHELLE MARIE LANGER, RICHARD H. NETTLETON, KATHERINE ANNE MARIE L USICH-NIXON, CHRISTOPHER KELLY RAPP, HERBERT RAY SNELLING, JR., and ROBERT THOMAS WILLIAMS,SR. Mayor Dyer advised two more cities joined a fraternity that no city wants to join and requested a moment of silence in honor of the victims in El Paso, Texas and Dayton, Ohio. August 6, 2019 52 ITEM— VII.H.l PUBLIC HEARING ITEM#69461 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY Three(3)golf courses located at 3425 Club House Road(Bow Creek), 4840 Princess Anne Road(Kempsville Greens), and 1144 Prosperity Road(Red Wing) The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING August 6, 2019 53 ITEM— VII.H.2 PUBLIC HEARING ITEM#69462 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY 300 21s`Street and 305 20`h Street The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING August 6, 2019 54 ITEM— VII.I FORMAL SESSION AGENDA ITEM#69463 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Agenda hems J: Ordinances/Resolutions 2, 6, 7a/b, and 9a/b/d/e/f/g and Planning Items K: 1, 2, and 3 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#1 ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#7c WILL BE CONSIDERED SEPARATELY ITEM#7d WILL BE CONSIDERED SEPARATELY ITEM#8a WILL BE CONSIDERED SEPARATELY ITEM#8b WILL BE CONSIDERED SEPARATELY ITEM#9c WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#9f PLANNING ITEMS: ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY August 6, 2019 55 ITEM— VII.J.1 ORDINANCES/RESOLUTIONS ITEM#69464 The following registered to speak: Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council ADOPTED Resolution to RE-AFFIRM the City Council Support re Offshore Wind Energy Development Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: None August 6, 2019 REQUESTED BY COUNCILMEMBERS BERLUCCHI, WILSON, AND WOOTEN 1 A RESOLUTION TO RE-AFFIRM THE CITY COUNCIL 2 SUPPORT OF OFFSHORE WIND ENERGY 3 DEVELOPMENT 4 5 WHEREAS, the Coastal Virginia Offshore Wind Project conducted an onshore 6 groundbreaking on July 1, 2019; and 7 8 WHEREAS, the development of offshore wind energy offers the potential of 9 increased clean energy, reduced generation of greenhouse gasses, and it further 10 diversifies the City's energy supply; and 11 12 WHEREAS, the development of offshore wind energy provides the potential to 13 create jobs and develop an industry cluster that further enhances the City's maritime work 14 force and supply chain; and 15 16 WHEREAS, the development of offshore wind energy leverages the natural 17 advantages of Virginia Beach and the Hampton Roads Region; and 18 19 WHEREAS, the City Council has previously adopted a resolution supporting 20 offshore wind energy, and the Council desires to re-affirm it support of Offshore Wind 21 Energy. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA, THAT: 25 26 The City Council hereby affirms its Resolution, previously adopted on August 7, 27 2018, and is attached hereto and incorporated herein as Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia this 6th day of August , 2019. APPROVED AS TO LEGAL SUFFICIENCY: --) Offi ity Attorney CA14812 R-1 July 30, 2019 Exhibit A Requested by Councilmember Uhrin, Mayor Jones, Vice Mayor Wood, and Councilmembers Abbott, Davenport, Dyer, Henley, and Wilson 1 A RESOLUTION SUPPORTING OFFSHORE WIND OFF 2 THE COAST OF VIRGINIA 3 4 WHEREAS, development of offshore wind off the coast of Virginia has been 5 pursued for a number of years; and 6 WHEREAS, Virginia Beach has been a leader in this pursuit through appropriating 7 funds to investigate the utilization of the Chesapeake Light Tower as a MET tower(a wind 8 measuring tower or meteorological evaluation tower) and working extensively with the 9 United States Navy and the Federal Aviation Administration on radar interference issues, 10 and having City staff deeply involved in the Virginia Offshore Wind Development Authority 11 (VOWDA) to assist in development of offshore wind; and 12 13 WHEREAS, Dominion Power, which was awarded the lease for the area 14 approximately 25 miles off the coast of Virginia Beach, has now partnered with Orsted 15 AIS, formally Danish Oil and Natural Gas; and 16 17 WHEREAS, Orsted and Dominion are anticipated to have two demonstration 18 turbines generating 6 MW each producing electricity in 2020; and 19 WHEREAS, these two test turbines will be the key for large-scale development of 20 offshore wind off the coast of Virginia Beach; and 21 22 WHEREAS, the General Assembly enacted legislation in 2018 requiring 5000 MW 23 of renewable energy to be constructed in the near term, 5 acres is needed for 1 MW of 24 solar energy, and thousands of megawatts could be produced by wind turbines in the 25 area offshore Virginia Beach; and 26 WHEREAS, Virginia Beach has a robust electrical grid that can receive and 27 transmit this offshore wind electric energy; and 28 29 WHEREAS, Virginia Beach has become the landing point for multiple transoceanic 30 high-speed data cables, and these cables will likely lead to the construction of server 31 farms in the City which require large amounts of electricity, and most of the companies 32 operating server farms want to use renewable energy as a source of electricity; and 33 WHEREAS, the development of wind energy off the coast of Virginia could mean 34 that Hampton Roads specifically and Virginia generally could become a hub for the wind 35 energy industry in the mid-Atlantic, which could lead to thousands of high paying jobs and 36 terrifically diversify the economies of Virginia Beach, Hampton Roads, and Virginia. 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 That the City Council is committed to the creation of an offshore wind energy 40 industry off the coast of Virginia. 41 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 42 BEACH, VIRGINIA: 43 That the City Council requests that all state agencies, especially the State 44 Corporation Commission, take whatever steps are necessary in the very near term to 45 accelerate the creation of this new industry so as to provide clean renewable energy and 46 diversify the economy of Virginia. Adopted by the Council of the City of Virginia Beach, Virginia this 7 t h day of August , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney Roderick R. Ingram CA14487/ALT-2/August 7, 2018 ��40141A BE,ic, - -. r City of Virginia Beach U _ <5 °' OUR NAB° VBgov.com August 6, 2019 JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE MOSSJOHNOCOX.NET In Reply Refer to 0065704 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution re-affirming its support of offshore wind energy development off the coast of Virginia. The resolution concerns Dominion Power, which is also known as Dominion Energy, and its development of wind energy off the coast of Virginia Beach. 2. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, it I John D. Moss Councilmember JDM/DRH 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 56 ITEM— VII.J.2 ORDINANCES/RESOLUTIONS ITEM#69465 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Resolution to SUPPORT Limited Access Modifications re VDOT I-264/Witchduck Road Interchange&Ramp Extension Project Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 A RESOLUTION TO SUPPORT LIMITED ACCESS 2 MODIFICATIONS FOR VDOT'S 1-264 /WITCHDUCK ROAD 3 INTERCHANGE & RAMP EXTENSION PROJECT 4 5 WHEREAS, the Virginia Department of Transportation (VDOT) is currently 6 engaged in active construction on the 1-264 corridor in the City of Virginia Beach; 7 8 WHEREAS, VDOT has two construction projects on this corridor in the Six-Year 9 Improvement Program (SYIP), the "Route 1-264 Interchange Improvements-I-64 West 10 Bound Ramp to 1-264 East Bound" (UPC # 57048) and the "1-264 / Witchduck Road 11 Interchange & Ramp Extension Project" (UPC # 17630); 12 13 WHEREAS, in order to construct these projects, VDOT must modify ramp 14 configuration on the west end of Greenwich Road; 15 16 WHEREAS, as a major vehicular artery, 1-264 is a limited access highway, and 17 the present ramp modification thereby requires revisions to the limited access 18 boundaries between 1-264 and adjacent roads, including through the provision of 19 purchasing property rights from current landowners; 20 21 WHEREAS, a public comment notice was placed in the Virginian-Pilot on May 22 22, 2019, and the period for comments passed on June 3, 2019; and 23 24 WHEREAS, VDOT has requested that the City Council of the City of Virginia 25 Beach express its support for this modification. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA THAT: 29 30 1. The City of Virginia Beach hereby supports and endorses the necessary 31 revisions to the limited access boundary of 1-264 and its adjacent roads, including the 32 west end of Greenwich Road, which must be made in the process of construction of 33 SYIP project "1-264 / Witchduck Road Interchange & Ramp Extension Project" (UPC # 34 17630). 35 36 2. The City Manager is hereby authorized to execute on behalf of the City of 37 Virginia Beach all necessary limited access control change documents and letters of 38 support. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of August , 2019. APPROVED AS TO CONTENT,: APPROVED AS TO LEGAL SUFFICIENCY: ti Budget and Manageme S ices Cify Attorney's Office CA14798/R-1/July 8, 2019 57 ITEM— VII.J.3 ORDINANCES/RESOLUTIONS ITEM#69466 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in SUPPORT Kenneth W. Stolle, Sheriff, spoke in SUPPORT Upon motion by Council Member Henley, seconded by Vice Mayor Wood, City Council ADOPTED Ordinance to AMEND Section 2-81 of the City Code re Mandatory Retirement Age Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO AMEND SECTION 2-81 2 OF THE CITY CODE PERTAINING 3 MANDATORY RETIREMENT AGE 4 5 SECTION AMENDED: § 2-81 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 2-81 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 Sec. 2-81. Mandatory retirement age. 13 Unless otherwise provided by state or federal statute, no firefighter or law 14 enforcement officer, as defined by the Federal Age Discrimination in Employment 15 Amendments of 1986, ccpt for including sworn members of the Sheriffs Office, shall 16 be employed after the end of the month in which he or she attains age sixty-five (65). Ne 17 sSworn members of the Sheriffs Office who are age sixty-three (63) or older shall have 18 three years from the effective date of this ordinance or until shall be employed after the 19 end of the month in which he or she attains the age of seventy (70), whichever comes 20 first, to retire. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6th day of August , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / ei/ifrtt . Sheriffs O ce City h`ttorney's Office CA 14"1 11 R-2 July 3, 2019 58 ITEM— VII.J.4 ORDINANCES/RESOLUTIONS ITEM#69467 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension with McDonald's Corporation for up to five (5)years for City-Owned Property at 300 21s`Street and 305 20`"Street Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE EXTENSION 3 WITH MCDONALD'S CORPORATION FOR UP TO 5 4 YEARS FOR CITY-OWNED PROPERTY LOCATED 5 AT 300 21ST STREET AND 305 20TH STREET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of land located at 8 300 21st Street (GPIN: 2427-18-1343) and the adjacent lot at 305 20th Street (GPIN: 9 2427-18-1128) in Virginia Beach, Virginia (the "Premises"); 10 11 WHEREAS, McDonald's Corporation, a Delaware corporation ("McDonald's") is 12 the current lessee of the Premises, and would like to extend its lease and continue to 13 use the Premises for the sale and consumption of food, non-alcoholic beverages and 14 related items, and for no other purpose; 15 16 WHEREAS, McDonald's has agreed to pay the City an initial rental rate of 17 $5,709.50 per month, with annual escalations as described in the Summary of Terms 18 attached hereto as Exhibit A, attached hereto and made a part hereof. 19 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby authorized to execute any documents necessary 24 to extend the current lease between McDonald's and the City for up to five (5) years for 25 the Premises located at 300 21st Street and 305 20th Street, in accordance with the 26 Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 27 other terms, conditions or modifications as may be acceptable to the City Manager and 28 in a form deemed satisfactory by the City Attorney. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of 31 August , 2019. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM aeb--lAtik . City Attorney Public Works/Facilities Managdment API OVED AS TO CONTENT =&•omic Development CA 14662 R-1 July 25, 2019 EXHIBIT A SUMMARY OF TERMS LEASE FOR CITY-OWNED LAND LOCATED AT 300 21ST STREET AND 305 20TH STREET LESSOR: City of Virginia Beach LESSEE: McDonald's Corporation PREMISES: 300 21st St., approximately 25,140 sq. ft. (GPIN 2427-18-1343) (Land Only; Building is property of McDonald's) 305 20th St., approximately 7,000 sq. ft. (GPIN: 2427-18-1128) (Vacant Lot; Used for McDonald's parking) INITIAL TERM: October 19, 2019 to October 18, 2020 OPTIONS TO EXTEND: Four (4) one-year extensions by mutual agreement of the parties INITIAL TERM RENT: $5,709.50/month OPTION TERM RENT: 3% escalation each year CURRENT RIGHTS AND RESPONSIBILITIES OF LESSEE: • Premises will be utilized for the sale and consumption of food, non- alcoholic beverages and related items, and for no other purpose. • Keep and maintain the Premises, at its sole expense, in good condition and repair. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. CURRENT RIGHTS AND RESPONSIBILITIES OF CITY: • The City will have no ongoing responsibilities for the Premises during the Initial Term or Option Term. TERMINATION: • The Option Term is not automatic and requires six (6) months' advance written notice of intent to exercise the Option Term. • The City can terminate for breach of lease terms only. 59 ITEM— VILJ.5 ORDINANCES/RESOLUTIONS ITEM#69468 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Rosemary Check(President—Kempsville Green Civic League), spoke in SUPPORT Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Lease Agreement with Virginia Beach Golf Management, Inc., re Bow Creek, Kempsville Greens, and Red Wing Lake Municipal Golf Courses Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AMENDMENT 3 TO THE LEASE AGREEMENT BETWEEN THE 4 CITY OF VIRGINIA BEACH AND VIRGINIA 5 BEACH GOLF MANAGEMENT, INC. 6 7 WHEREAS, the City of Virginia Beach (the "City") and Virginia Beach Golf 8 Management, Inc. ("VBGM") entered into a lease agreement dated February 1, 2011 9 (the "Lease"), for three City-owned golf courses known as Bow Creek Municipal Golf 10 Course, Kempsville Greens Municipal Golf Course, and Red Wing Lake Municipal Golf 11 Court (collectively, the "Golf Courses"); 12 13 WHEREAS, the term of the Lease is ten years (expiring on January 31 , 2021), 14 with the option to renew for two addition five-year terms; 15 16 WHEREAS, VBGM has notified the City that it desires to exercise the first 17 renewal option and City staff recommends consenting to the early exercise of the first 5- 18 year renewal of the Lease for five years; 19 20 WHEREAS, all terms, conditions and obligations of the parties set for the Lease 21 would remain the same during the first renewal term, with the exception of the rent 22 amount and termination clause related to the Bow Creek Golf Course ("Bow Creek"), 23 described below; 24 25 WHEREAS, the City is constructing the Princess Anne Plaza Drainage Area 26 Project, CIP 7-050 (the "Project") to alleviate widespread area flooding; 27 28 WHEREAS, during construction of the Project, access, use and operation of Bow 29 Creek will be adversely impacted; 30 31 WHEREAS, the City and VBGM have negotiated a reduction in the rent amount 32 for Bow Creek only during construction of the Project, and have agreed to amend the 33 termination clause in the event Bow Creek is needed for drainage, stormwater or other 34 public purpose; and 35 36 WHEREAS, City Council has determined that consenting to the first renewal 37 option for all three Golf Courses and amending the terms related to Bow Creek (only) is 38 reasonable. 39 40 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 1. That the City Manager is hereby authorized to execute an amendment to 44 the Lease between the City and VBGM, in accordance with the Amended Summary of 45 Terms, attached hereto as Exhibit A and made a part hereof, and such other terms, 46 conditions or modifications as may be acceptable to the City Manager and in a form 47 deemed satisfactory by the City Attorney. 48 2. Except as modified in the Amended Summary of Terms, all terms, 49 conditions and obligations of the parties set forth in the Lease shall remain in full force 50 and effect. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of 53 August , 2019. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 7) City Attorney De . o Parks & Recreation APPROVED AS TO CONTENT: ` YAr Public Works/Facilifr`�,si�lafIa ement CA14434 vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d004\p029\00538054.doc R-1 July 26, 2019 EXHIBIT A AMENDED SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Beach Golf Management, Inc., a Virginia corporation PROPERTY: Three City-owned golf courses: Red Wing Lake Municipal Golf Course ("Red Wing"), Kempsville Greens Municipal Golf Course ("Kempsville") and Bow Creek Municipal Golf Course ("Bow Creek"). INITIAL TERM: Ten years (2/1/11 — 1/31/21), with two 5-year renewal options FIRST RENEWAL TERM: Five years (2/1/21 — 1/31/26) LEASE PAYMENTS: For all three golf courses: Annually, the greater of $150,000 or 10% of the gross revenues, except as specified below: Bow Creek (only): During construction of the City's "Princess Anne Plaza Drainage Area Project / CIP 7-050" that impacts operations at Bow Creek, rent from Bow Creek will be reduced from 10% of the gross revenue to 5% of the gross revenue AMENDED TERMINATION RIGHTS: Bow Creek (only): During the remainder of the initial term and any subsequent renewal terms, the City shall have the right to terminate the lease agreement as to Bow Creek if any portion of Bow Creek is needed for a public purpose. If the lease is terminated for this reason, the minimum total from Section 3 of the original agreement shall be reduced from $150,000 to $100,000 per year. The termination clause as set forth in the Lease Agreement dated 2/1/11 shall remain unchanged for Red Wing and Kempsville. 60 ITEM— VII.J.6 ORDINANCES/RESOLUTIONS ITEM#69469 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City property known as Lake Joyce at the rear of 4404 Powells Point Road re maintain an existing bulkhead and construct new timber pier Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENT INTO A PORTION OF CITY 5 PROPERTY KNOWN AS LAKE JOYCE LOCATED 6 AT THE REAR OF 4404 POWELLS POINT ROAD 7 8 WHEREAS, Dina Kincaid Crewe desires to remove the existing timber piles 9 and to construct and maintain an existing bulkhead and a new timber pier within a portion 10 of the City's property known as Lake Joyce and a 20' strip of City property around Lake 11 Joyce, located at the rear of 4404 Powells Point Road; and 12 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 14 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 15 the City's right-of-way subject to such terms and conditions as Council may prescribe. 16 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Dina Kincaid Crewe, her heirs, 22 assigns and successors in title are authorized to construct and maintain a temporary 23 encroachment for an existing bulkhead and a new timber pier into a portion of the City's 24 property known as Lake Joyce and the 20' strip of City property around Lake Joyce as 25 shown on the map entitled: "'Exhibit A' Encroachment Drawing New Timber Pier In Lake 26 Joyce," dated February 26, 2019, a copy of which is attached hereto as Exhibit A, and on 27 file in the Department of Public Works and to which reference is made for a more particular 28 description; 29 30 BE IT FURTHER ORDAINED, that the temporary encroachments are 31 expressly subject to those terms, conditions and criteria contained in the Agreement 32 between the City of Virginia Beach and Dina Kincaid Crewe (the "Agreement"), an 33 unexecuted copy of which has been presented to the Council in its agenda, and will be 34 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 35 Beach; 36 37 BE IT FURTHER ORDAINED, that the City Manager or his authorized 38 designee is hereby authorized to execute the Agreement; and 39 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 41 such time as Dina Kincaid Crewe and the City Manager or his authorized designee execute 42 the Agreement. 43 44 Adopted by City Council of the City of Virginia Beach, Virginia, on the 45 6th day of August , 2019. i CA 14644 R-1 PREPARED: 5/21/19 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: UBLI ORKS, REAL ESTATE ARMEYER, SENIOR CITY ATTORNEY 2 'EXHIBIT A' THE NEW PIER SHALL 12' ENCROACHMENT DRAWING ENCROACH 150 SF OVER Q o LAKE JOYCE AND 18 SF 2 NEW TIMBER PIER IN LAKE JOYCE OVER THE CITY'S LAND 26 FEB 19 , FOR ib DINA KINCAID CREWE LAKE JOYCE 4' 4404 POWELLS POINT ROAD 23455 GPIN: 15708024380000 PIER GPIN: 14797919770000 / POWELLS POINT LOT 17 OWNER: SECURE DEED / INSTR. No. 20180423000325990 CITY OF VIRGINIA BEACH DIMS. EXIST. TIMBER PILES TO BE NEW OHW EXIST. REMOVED PIER y f BULKHEAD _ = _ �� 20 FT STRIP z, �___, _ _,ems_ A CITY PROPERTY' ��, EXIST. z o E TR BULKHEAD p \ A-B = 61 .5' CLC10 r. r: 1 A-C = 77.5' c z 0 O�Q' —0UI I 7- o B O (DI C ,- Zif -1 _ 4 � 04 00 J cb Judy Carson __ _ 1 of 4400 Powells Point Road Richard Adams -P } I */ Virginia Beach, VA 23455 4408 Powells Point ` Secure Deed/Instr. Road O Number Virginia Beach, VA \ 20170728000634750 23455 ,� POWELLS POINT LOT Secure Deed/Instr. \ �s0_ __ _ 18 GPIN: Number � �`-' [=5j2.6' 14797939140000 . .1 Book 1181 Page - 469 POWELLS .c L\1/-'� R=50.0' POINT LOT 16 �� TH GPIN:1 9909770000 _1 POWELLS c" �FLrp - L��S 06 POINT 2/25/19 C�Z 1c c5 0 ROAD S STEPHEN Mo. . BLE2VINS> SCALE: 1" - 30'-0" O iee /0NALG 0 25' 50' This Exhibit is intended for an Encroachment request only. PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 302 day of MA4 2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DINA KINCAID CREWE, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee." WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 17," as shown on that certain plat entitled: "POWELLS POINT PROPERTY OF EVELYN POWELL SITUATE IN KEMPSVILLE DISTRICT PRINCESS ANNE COUNTY, VA." prepared by P.F. Mueller CE, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 29, at page 36, and being further designated, known, and described as 4404 Powells Point Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to remove the existing timber piles, construct and maintain a bulkhead and a new timber pier, collectively the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438 (Lake Joyce and 20' Strip of City Property) GPIN: 1479-79-1977 (4404 Powells Point Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property known as Lake Joyce and the 20' strip of City property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "'Exhibit A' Encroachment Drawing New Timber Pier in Lake Joyce," dated February 26, 2019, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the 3 insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, DINA KINCAID CREWE, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2019, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2019, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 By r`9'� 1 ii� 16atid elik(P2-9 KINCAID CREWE, Owner STATE OF _ CITY/COUNTY OF �� y to-wit: The foregoing instrument was acknowledged before me this'3S+ day of N1ay , 2019, by DINA KINCAID CREWE. r�1 ` U.S EAL) Notary Pub ' UCo/ 2 •'4R);• Notary Registration Number: 2iCXIL-j ;'•4,,Y RFce4ic m ' My Commission Expires: 3/ 3 I J 2 j 2.3 o 3437i .?Fs av;\P �THOFV\R APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM C I N TU NEY 11W AP tovt D PARTMENT 6 'EXHIBIT A' THE NEW PIER SHALL 12' ENCROACHMENT DRAWING ENCROACH 150 SF OVER b NEW TIMBER PIER IN LAKE JOYCE LAKE JOYCE AND 18 SF , 26 FEB 19 OVER THE CITY'S LAND _�~ FOR i? DINA KINCAID CREWE LAKE JOYCE 4' 4 4404 POWELLS POINT ROAD 23455 GPIN: 15708024380000 PIER GPIN: 14797919770000 I POWELLS POINT LOT 17 OWNER: SECURE DEED/ INSTR. No. 20180423000325990 CITY OF VIRGINIA BEACH DIMS. EXIST. TIMBER PILES TO BE NEW OHW REMOVED PIER EXIST. -� \ , BULKHEAD • 7 oNW@g 20 FT STRIP _—. ' •' n __ CITY PROPERTY EXIST. t OTREE� BULKHEAD Z O r. z A-C — 77.5 , of I O� CD CD B O OI C /G/ o '= 4 4 0 4 rn 2 0 J . Judy Carson _ l o'V 4400 Powells Point Road Richard Adams */ Virginia Beach, VA 23455 4408 Powells Point O ` Secure Deed/Instr. Road _ Number Virginia Beach, VA \ 20170728000634750 23455 POWELLS POINT LOT Secure Deed/Instr. \ \0_. _____ 18 GPIN: Number �� G L=52.6'``'-, 14797939140000 Book 1181 Page - 469 POWELLS 01 R=50.0' POINT LOT 16 1O�- -THO _ F GPIN:4797909770000 , POWELLS p.'`� `j� �,�5 06 POINT 2/25/19 C ��g6 0 ROAD 8 STEPHEN M. BLEV1NS)" wo. 265 a SCALE: 1" - 30'-0" O eedioNAL v 0 25' 50' This Exhibit is intended for an Encroachment request only. 4404 Powells Point Road -+1 p�De • • 4. • 1aSP01RO 11111 LOCATION MAP ENCROACHMENT REQUEST FOR Legend DINA K.CREWE 1:3147979.1971 GPIN 1479-79-1977 Cky PropertiesFeet 0 50 100 200 tiepaed by P.W/Eng/Eng S . cps.weau i+•IT:4 • R"1CADD1PmledsVlRC RieslAGENDA WWS11479-79-197711479-79.1977}mctl 114111 Wig lilt i I 61 ITEM— VIL.J.7a ORDINANCES/RESOLUTIONS ITEM#69470 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE: a. $9,460 from the Regional Reimbursement Revenue to the FY 2019-20 Office of Emergency Management Operating Budget re disaster training and deployment reimbursements Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO APPROPRIATE $9,460 IN REGIONAL 2 REIMBURSEMENT REVENUE TO THE OFFICE OF 3 EMERGENCY MANAGEMENT'S FY 2019-20 OPERATING 4 BUDGET 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $9,460 in reimbursements is hereby appropriated, with revenue increased 10 accordingly, to the FY 2019-20 Operating Budget of the Office of Emergency 11 Management for training exercises to enhance the City's resiliency and emergency 12 response. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of August 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � � 1 udget and Management Services City A o ney's Office CA14802 R-1 July 22, 2019 62 ITEM— VII.J.7b ORDINANCES/RESOLUTIONS ITEM#69471 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE: b. $2,700 from the Fire Department Gift Fund re purchase of grills for Stations 6, 13 and 21 Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO APPROPRIATE $2,700 IN THE 2 FIRE DEPARTMENT GIFT FUND TO PURCHASE 3 GRILLS FOR FIRE STATIONS 6, 13, AND 21 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $2,700 is hereby appropriated, with revenue increased accordingly, from the 9 balance of the Fire Gift Fund to the Fire Department's FY 2019-20 Operating Budget for 10 the purchase of grills for Fire Stations 6, 13, and 21. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of August , 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: �- / udget an anagement Services 'City orney's Office CA14806 R-1 July 24, 2019 63 ITEM— VILJ.7c ORDINANCES/RESOLUTIONS ITEM#69472 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Ordinance to APPROPRIATE: c. $634,540 to the FY 2019-20 Clerk of the Circuit Court Operating Budget re technology related expenses Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO APPROPRIATE $634,540 TO THE 2 CLERK OF THE CIRCUIT COURT FOR TECHNOLOGY 3 RELATED EXPENSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $634,540 is hereby appropriated, with estimated state revenues increased 9 accordingly, to the FY 2019-20 Operating Budget of the Clerk of the Circuit Court to 10 support technological related needs and upgrades. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of August 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: B dget and anagement Services City_Attorney's Office CA14803 R-1 July 23, 2019 64 ITEM— VILJ.7d ORDINANCES/RESOLUTIONS ITEM#69473 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council ADOPTED Ordinance to APPROPRIATE: d. $240,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to the FY 2019-20 Police Department Operating Budget re purchase night vision devices Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL AND STATE SEIZED ASSETS 3 SPECIAL REVENUE FUND TO PUCHASE NIGHT VISION 4 DEVICES 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $240,000 is hereby appropriated, with revenues increased accordingly, from 10 the Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund 11 to the FY 2019-20 Police Department Operating Budget for the purchase of night vision 12 devices for its SWAT team. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of August , 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: 11 , Bu get and anagement Services City-Attorney's Office CA14795 R-1 July 3, 2019 65 ITEM— VILJ.8a ORDINANCES/RESOLUTIONS ITEM#69474 The following registered to speak: Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council ADOPTED Ordinance to TRANSFER from FY2018-19 Reserve for Contingencies: a. $204,281 to the FY 2019-20 Treasurer's Office Operating Budget and ESTABLISH three (3)FTEs re new Treasurer's Office at Sabre Street Voting: 10-1 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO TRANSFER FUNDS AND 2 TO ESTABLISH THREE FTES FOR A NEW 3 TREASURER'S OFFICE LOCATION AT SABRE 4 STREET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $204,281 is hereby transferred from the General Fund Regular Reserve for 10 Contingencies to the Office of the City Treasurer. 11 12 2. 3.0 FTE are hereby established within the City Treasurer's Office in the FY 13 2019-20 Operating Budget in order to operate a newly established Treasurer's 14 Office location at Sabre Street. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of August 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , -� ram, - B dget & anagement Services i or s Office CA14809 R-1 July 25, 2019 66 ITEM— VII.J.8b ORDINANCES/RESOLUTIONS ITEM#69475 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Vice Mayor Wood, City Council ADOPTED Ordinance to TRANSFER from FY2018-19 Reserve for Contingencies: b. $105,824 and$196,737 from FY 2018-19 Human Services Operating Budget to FY 2018-19 Non-Departmental Operating Budget re cost increases associated with Disabled Veteran and Elderly/Disabled Real Estate Tax Relief Programs Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO TRANSFER APPROPRIATIONS FOR 2 COST INCREASES ASSOCIATED WITH DISABLED 3 VETERAN AND ELDERLY/DISABLED REAL ESTATE TAX 4 RELIEF PROGRAMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $105,824 from the FY 2018-19 General Fund Reserve for Contingencies and 10 $196,737 from the FY 2018-19 Operating Budget of the Department of Human 11 Services are hereby transferred to the FY 2018-19 Non-Departmental 12 Operating Budget for the purpose of funding cost increases related to real 13 estate tax relief programs. 14 15 2. This ordinance is enacted with the intention that the transfer authorized above 16 accrue back to the FY2018-19 Fiscal Year consistent with Section 12 of the 17 FY2018-19 Appropriations Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of August , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � r f Budget an anagemen Services City Attbrrnn 's Office CA14810 R-1 July 25, 2019 i 67 ITEM— VILJ.9a ORDINANCES/RESOLUTIONS ITEM#69476 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $166,250 from the Department of Homeland Security and to Transfer$8,750 from CIP#3-506 to the FY 2019-20 Fire Department Operating Budget re purchase a generator for Station 20 and provide a required local match Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE DEPARTMENT OF HOMELAND 3 SECURITY TO THE FIRE DEPARTMENT AND TO 4 TRANSFER $8,750 FROM CIP #3-506 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $166,250 is hereby accepted from the U.S. Department of Homeland Security 10 and appropriated, with federal revenue increased accordingly, to the FY 2019- 11 20 Operating Budget of the Fire Department for the purchase of a generator for 12 Fire Station 20. 13 14 2. $8,750 is hereby transferred from CIP #3-506, "Fire Facility Rehabilitation and 15 Renewal III," to the FY 2019-20 Operating Budget of the Fire Department to 16 provide a required local match. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of August , 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: udget an anagem nt Services City Attorney's Office CA14807 R-1 July 24, 2019 68 ITEM— VILJ.9b ORDINANCES/RESOLUTIONS ITEM#69477 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $30,000 from the Norfolk Southern Foundation to FY 2019-20 Police, Fire and EMS Operating Budgets-each department receives$10,000 Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GIFT 2 FUNDS FROM THE NORFOLK SOUTHERN FOUNDATION 3 FOR FIRST RESPONDERS 4 5 WHEREAS, Norfolk Southern Corporation is a Fortune 500 company with an 6 extensive history and legacy in the Hampton Roads region; 7 8 WHEREAS, on the morning of June 3, 2019, Norfolk Southern Corporation, 9 through the Norfolk Southern Foundation, made a commitment to the City of Virginia 10 Beach to donate $30,000 to the City for the Police Department, Fire Department, and 11 EMS, as well as an additional $10,000 to the American Red Cross; 12 13 WHEREAS, in addition to financial contributions, Norfolk Southern Corporation 14 and its employees across the region and nation also extended their collective thoughts 15 and condolences to the City and all City employees; 16 17 WHEREAS, the funds for this commitment were presented to the City of Virginia 18 Beach on July 1, 2019; and 19 20 WHEREAS, the intent of the Norfolk Southern Foundation is for the Virginia Beach 21 agencies to utilize these funds for training or equipment, as determined by the 22 departments. 23 24 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 25 VIRGINIA THAT: 26 27 1 . A gift of $30,000 from the Norfolk Southern Foundation is hereby accepted and 28 appropriated, with revenues increased accordingly, to the FY 2019-20 Operating 29 Budgets of the Police Department, Fire Department, and EMS, with each 30 department receiving $10,000 from this gift. 31 32 2. The City Council is thankful for the generosity exhibited by Norfolk Southern 33 Corporation and its employees to the City of Virginia Beach. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day 36 of August 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: 7..._,\_/\(41'1U _,/___, M,/_:_,_ udget & Managem nt Services City Attorney's Office CA14796 R-1 July 3, 2019 69 ITEM— VILJ.9c ORDINANCES/RESOLUTIONS ITEM#69478 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council ADOPTED Ordinance to ACCEPT and APPROPRIATE: c. $50,000 from the What Works Cities to the FY 2019-20 Economic Development Operating Budget re Early Childhood Language Development Initiatives Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $50,000 FROM WHAT WORKS CITIES TO THE 3 DEPARTMENT OF ECONOMIC DEVELOPMENT FOR 4 EARLY CHILDHOOD LANGUAGE DEVELOPMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $50,000 is hereby accepted from What Works Cities and appropriated, with 10 miscellaneous grant revenue increased accordingly, to the FY 2019-20 Operating Budget 11 of the Department of Economic Development for early childhood language development 12 initiatives. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of August , 2019. Requires an affirmative vote by a majority of the all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services , Cit ttothey's Office Y Y CA14805 R-1 July 23, 2019 70 ITEM— VILJ.9d ORDINANCES/RESOLUTIONS ITEM#69479 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: d. $35,517.12 from the Virginia Department of Health to the FY 2019-20 Emergency Medical Services (EMS) Operating Budget re support squad operations and training Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO EMERGENCY MEDICAL SERVICES FOR RESCUE 3 SQUAD OPERATIONS AND TRAINING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $35,517.12 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services, and appropriated, with state revenue increased accordingly, 10 to the FY 2019-20 Operating Budget of the Department of Emergency Medical Services to 11 support rescue squad operations and training. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of August 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: A n udget an anag men Services City Attorneys Office CA14808 R-1 July 24, 2019 71 ITEM— VILJ.9e ORDINANCES/RESOLUTIONS ITEM#69480 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: e. $137,610 in Aid to Localities Grant Funding to the FY 2019-20 Fire Department Operating Budget re personal protective equipment and training Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $137,610 IN AID TO LOCALITIES GRANT FUNDING 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1. $42,929 is hereby accepted and appropriated, with State revenue increased 8 accordingly, to the FY 2019-20 Operating Budget of the Fire Department for 9 the FY 2017-18 Aid to Localities Grant for personal protective equipment and 10 training. 11 12 2. $94,681 is hereby accepted and appropriated, with State revenue increased 13 accordingly to the FY 2019-20 Operating Budget of the Fire Department for 14 the FY 2018-19 Aid to Localities Grant for personal protective equipment and 15 training. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of August , 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: udget an Management Services City Attorney's Office CA14794 R-1 July 3, 2019 72 ITEM— VILJ.9f ORDINANCES/RESOLUTIONS ITEM#69481 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: f $124,800 in Lieu of Park Reservation from Shea Farm Subdivision re Park Playground Renovations III p Voting: 10-1 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO CIP #4-500, PARK PLAYGROUND 3 RENOVATIONS III 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $24,800 is hereby accepted in lieu of a park reservation from the Shea Farm 9 Subdivision development and appropriated, with local revenue increased accordingly, to 10 CIP #4-500, Park Playground Renovations III, which will provide additional park area in 11 the Kempsville planning area. Requires the affirmative vote of a majority of all members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of August , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )Ci\jt (2/‘ Budget and anagement Service i y o y's Office CA14811 R-1 July 29, 2019 73 ITEM— VII.J.9g ORDINANCES/RESOLUTIONS ITEM#69482 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: g. $200.00 Gift from the Rochester, New York 911 Center to Emergency Communications and Citizen Services (ECCS)re purchase support items Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 1 AN ORDINANCE TO ACCEPT A GIFT FROM THE 2 ROCHESTER, NY 911 CENTER AND TO APPROPRIATE 3 FUNDS TO THE DEPARTMENT OF EMERGENCY 4 COMMUNICATIONS AND CITIZEN SERVICES 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That a gift of $200 is hereby accepted from the Rochester, NY 911 Center and 10 appropriated, with revenue increased accordingly, to the FY 2019-20 Operating 11 Budget of the Department of Emergency Communications and Citizen Services to 12 purchase support items for call center employees involved in the May 31st incident. 13 14 2. The City Council is thankful for the generosity exhibited by the Rochester, NY 911 15 Center and its employees to the City of Virginia Beach. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of August 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 11LL7 B L dget and Management Services City Att ey's Office CA14801 R-2 July 26, 2019 74 ITEM—VII-K.1 PLANNING ITEM#69483 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council, APPROVED,AS CONDITIONED, BY CONSENT, Application of MISHORIM GOLD VAB, LP for a Conditional Use Permit re indoor recreational facility at 2720 North Mall Drive, Suite 100 DISTRICT 3 —ROSE HALL (Deferred from June 18, 2019) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MISHORIM GOLD VAB, LP for a Conditional Use Permit re indoor recreational facility at 2720 North Mall Drive, Suite 100 (GPIN 1496472557)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 2. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals, and shall be in substantial conformance with the sign exhibit depicted on page 8 of this report. 4. A Landscape Plan has been provided entitled, "Enlarged Planting Plan—2720 North Mall Dr. and 600 S. Lynnhaven Road," dated 7/3/19 and drawn by Siska Aurand Landscape Architects. The Plan depicts the installation of medium canopy trees in the existing parking lot islands and medium trees planted every 25 feet on center along North Mall Drive. The Landscape Plan shall be submitted to the Department of Planning and Community Development for approval in conformance with the City's Landscape Guide. Plantings shall be installed within ninety(90)days of City Council's approval of this Conditional Use Permit. August 6, 2019 75 ITEM—VII-K.1 PLANNING ITEM#69483 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6th day of August Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 -— - / till hi • I I 1lL G # i 11 i 4 Ci ti i -� i ' i'i 1, tll1/4N:ith.,Ni, ,,, s,:„,,,_ , i,,,,,...„,.__1i _ _1 # \ --, _AIL....mi n. .. J im im Ni \ ,..._ / > MIM, \\\\,:\\..:: 101,;;;;NH44.1,, ,Nrf „,,,.. ._ieilf . .0 4: „..\\ .x,..„ ilio.. 1 _ __. to 02 :.:,..,"::\,,,::;\ \ Ngh,.. 4 , 4..... \ F__________ ...., _ -';- i "C".. Z , CV I L] I , 1 :.1 = - - E Cs1 i (. t I 1 7 i y ZCI a 1 a r I) m I o Z3— -- a rn i l I 1I 11 Is aa tA N m 1 76 ITEM—VII-K.2 PLANNING ITEM#69484 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED, AS CONDITIONED/MODIFIED,BY CONSENT,Application of JOSEPHINE P.PARKER for a Conditional Use Permit re automobile repair garage and a Modification of Conditions re bulk storage yard at 573 Central Drive DISTRICT 6—BEACH(Deferred from June 18, 2019) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JOSEPHINE P. PARKER for a Conditional Use Permit re automobile repair garage and a Modification of Conditions re bulk storage yard at 573 Central Drive (GPIN 1496678537)DISTRICT 6—BEACH The following conditions shall be required: Conditional Use Permit(Automobile Repair Garage) 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 3. There shall be no portable or nonstructural signs or electronic display signs on the site. 4. No motor vehicles in a state of obvious disrepair shall be stored outside, except within fenced areas on the property. 5. There shall be no outside storage of equipment,parts, tires, or materials. 6. No motor vehicle repair work shall take place outside of the building. 7. The required street frontage landscaping and foundation plantings shall be installed as described in the Virginia Beach Landscaping Guide.A landscape plan depicting the required planting shall be submitted to the Planning Department, and approval of said plant species and locations shall be obtained prior to the operation of the business. August 6, 2019 77 ITEM—VII-K2 PLANNING ITEM#69484 (Continued) Modification of Conditions (Bulk Storage Yard) All conditions of the Conditional Use Permit granted by the City Council on February 26, 2002 shall be deleted and replaced with the following conditions: 1. The Bulk Storage Yard shall be limited to the area shown on the submitted site plan, entitled "Service Center/Bulk Storage Yard",prepared by Cushman Wakefield on behalf of the applicant, dated May 24, 2019. 2. No development, including expansion of the stormwater management facility, shall occur within the seaward 50 feet of the Resource Protection Area. 3. Fencing, landscaping and lighting shall be maintained in accordance with Section 228 of the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6`h day of August Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 \ (--- ,,_, _______41 ,__ \ \ „: ,,\ _ •----r \\,,--1 ./,‘ \ •. • k ,_®.,e, I ] \ _ ti � %,� Ott �' ki \ \ 46 N O 1 f \ �__— S �j \‘ ) ti r^�^ ti, %w� '1 N �r �' 5,� SSA t� �� d „ p \ up ,. \\... _ , \ , lks A- - = i 9 _ = N ---- `-- = �J�r LI-v.„----1---_-- — _ _ — --.7_::: T.c,74*1 kili.1 — Ill _______, looki wiN N it\''fi, .‘4 B 11 E ' '" ':' ''' ______ 6. 0 xi. >0 ci .c. •\\I IF a. 0 I To C- Pi � M O 14 �1 U�� — J J 4�Y r �L1 C� r� C] a 78 ITEM—VII-K.3 PLANNING ITEM#69485 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED,AS CONDITIONED, BY CONSENT, Application of ROWELMA M. / GREGORY MCGRAW for a Conditional Use Permit re family-day care home at 5504 Haden Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ROWELMA M. /GREGORY MCGRAW for a Conditional Use Permit re family-day care home at 5504 Haden Road (GPIN 1469350846) DISTRICT 3—ROSE HALL The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's for use of the house as a family day-care home. 7. The fence enclosing the outdoor play area shall remain in place and shall be maintained. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6th day of August Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 --.....„ I, n-,0 it. L_ r-i mil ._ ea) 1 i ! . - i 1 If- Lr> , 11 L,....7_,__ i , L__,..„____7(__ --) J 1 f'...- , , 0 - tr) Peob Apoolif Road . .._ ' --1-1--- Moody cc„., .. ..,... .. ... . ---1 -- ---I. - . i f / .111 I 0 — . ElU X iiiim j .... filo 05 ....."''' 0 .-- =,--1 0 Ct . / 2 c 2. -13 0 43 \ ' _ = E mai \ \ 23 . -.4 0 0 in \ t ..„..... r—.....) =--; r- - ce........-.., CO in Ce 6 1 1 - -1 c 1 I ID ----'—~i ...,........" 1„,....,L.. a I. Z i L, ii I ! 1 \ i 7 _ 0 ••••••••••at f ; CII cr) I -------1 ca_ c c ....._ Li D \ . — 0 7 E. i j--- __.._,_, „„..... _I 1 79 ITEM—VII-K.4 PLANNING ITEM#69486 The following registered to speak: Robert Barnuevo, representing the Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in SUPPORT Upon motion by Council Member Berlucchi, seconded by Council Member Abbott, City Council, APPROVED,AS CONDITIONED,Application of SK8 HOUSE VIRGINIA BEACH,LLC/ MISHORIM GOLD VAB,LP for a Conditional Use Permit re indoor recreational facility at 600 South Lynnhaven Road, Suite 101 DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SK8 HOUSE VIRGINIA BEACH,LLC/MISHORIM GOLD VAB,LP for a Conditional Use Permit re indoor recreational facility at 600 South Lynnhaven Road, Suite 101 (GPIN 1496276560) DISTRICT 3 — ROSE HALL The following conditions shall be required: 1. This Conditional Use Permit is limited to Suite 101. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals, and shall be in substantial conformance with the sign exhibits depicted on page 8 of this report. 5. A Landscape Plan has been provided entitled, "Enlarged Planting Plan—2720 North Mall Dr. and 600 S. Lynnhaven Road," dated 7/3/19 and drawn by Siska Aurand Landscape Architects. The Plan depicts the installation of medium canopy trees in the existing parking lot islands. Foundation landscaping along the western side of the building shall be installed per the City's Landscape Guide. The Landscape Plan shall be submitted to the Department of Planning and Community Development for approval in conformance with the City's Landscape Guide. Plantings shall be installed within ninety(90)days of City Council's approval of this Conditional Use Permit. August 6, 2019 80 ITEM—VII-K.4 PLANNING ITEM#69486 (Continued) This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6`h day of August Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 - k, :-..., ,_ \ 1 i , I, Vs1 /* ,, I 'S ._.__. ) \ . , . , , c . •cts Jr Y a i , CO � o :�.... i 1 u L__ Bi kri 1 .A I J 4 I tj i - — Z l0 r 0O iVZ IX = _ i > O 5 '',-.:•:_••'•--P‘ 4f .._.,... 1 __---___ III _:I,-L-_1--v--j.7--e--_-o'_-- e.2____----'- ..S-- _,---4'..-' .''. ,, '' --- ---- \-\'' '''' ') 1 C 'a flo ' II d o to °' ° F. ' vs ai a 81 ITEM—VII-K.5 PLANNING ITEM#69487 The following registered to speak: Eddie Bourdon, Attorney for Applicant, spoke in SUPPORT Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Wilson, City Council, APPROVED/ MODIFIED, AS PROFFERED, Application of MMR ASSOCIATES, LLC for a Modification of Proffers to a Conditional Rezoning approved on August 16, 2016 re 596 Princess Anne Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MMR ASSOCIATES, LLC for a Modification of Proffers to a Conditional Rezoning approved on August 16, 2016 re 596 Princess Anne Road(GPIN 2308992078)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 61h day of August Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 u i 1 I z-0,4 -./-, ii i' L 1 -1 lO — — ., a) a) I u_ a r 4° o-) o - co I 1 a F2 r-- a j I 3,-- _ o 1444 , II) I i -- U o r--i] i II, i 0.- as L1 J is —L__r_p , 0 1._ j ------------- --1' .? 16\111\ 0 a) 7 1 17 n 14/44 ;4 \ II F '`}` _ ____--- 2 as 1 i "g am ' ,m - I`- - -_------ --_'_ \ ,. hi \ 1 Q ,1 �y Q+ �'� �� t�, mat 11 ii 4------3 11 CDC o �G� CO rn .0 of £0 r W CD _ � s '� f a1 .C /AN .2,,, 4 4.1.4lA BEA, k�4;tip CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE • S of ouR Now's In Reply Refer To Our File No. DF-10252 DATE: July 26, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; MMR Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 6, 2019. I have reviewed the subject proffer agreement, dated April 16, 2019 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom FIRST AMENDMENT TO PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS MMR ASSOCIATES, L.L.C., a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 16th day of April, 2019, by and between MMR ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach,containing approximately 27,150.7 square feet and described in Exhibit "A" attached hereto and incorporated herein by this reference (the"Property"); and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by Petition addressed to the Grantee so as to modify a condition applicable to the Property that is zoned Conditional B-2 Community Business District; and WHEREAS, the Grantor has requested the Grantee to permit this modification of the Proffered Covenants, Restrictions and Conditions dated June 14, 2016, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20160822000743760 (hereinafter "2016 Proffers") to shift the building location; and GPIN: 2308-99-2078-0000 (Part of) • Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#2216o Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS,the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees,and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 1 as contained in the 2016 Proffers recorded in the above referenced Clerk's Office as Instrument Number 2016082200074376o is hereby deleted and replaced with the following: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "SITE PLAN PARCEL 'A' SUBDIVISION OF PROPERTY OF I.V. JONES ET UX D.B. 2392 P. 2167 (PLAT) VIRGINIA BEACH, VIRGINIA", dated March 27, 2019, prepared by Gallup Surveyors & Engineers, Ltd., 2 which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Amended Site Plan"). 2. Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2016 Proffers remain in full force and effect. All references hereinabove to the B-2 Community Business Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order, in writing,that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,or proceeding; 3 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: MMR Associates, L.L.C., a Virginia limited liability company By: 74/a1az R (SEAL) Marvin M. Rollins,Jr., Presi ent STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: •The foregoing instrument was acknowledged before me this /G day of April, 21319, by Marvin M. Rollins, Jr., President of MMR Associates, L.L.C., a Virginia limited liability company, Grantor. • „q„snuq,� Notary Public �.•�`r R. T ''•. My Commission Expires: ii I 30, aD (`i z o ,E G z Notary Registration Number: a7/31 I -= a : COMmMISSmiss ION EXPIRES $ 4/30/2019. 'Q FALTN�%OF..`. 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot,piece or parcel of land together with the buildings and improvements thereon and the appurtenances thereunto belonging, lying and situate in the City of Virginia Beach, Virginia, being the easternmost 27,150.7 square feet of that parcel known, numbered and designated as Lot or Parcel A, 1.153 acres, as shown on that certain plat entitled, "Subdivisions of Property of I.V. Jones, et ux, D.B. 274 P 223, Creeds, Pungo Borough, Virginia Beach, Virginia, Scale 1" = 4o', 9 Nov. 1984, prepared by Bruce W. Gallup, Land Surveyor,which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2392, at Page 2167. Said piece or land being more particularly described as beginning at a pin along the southern right of way line of MORRIS NECK ROAD at the northeast corner of Parcel A (D.B. 2392, PG 2167) and from said point beginning South 12° 09' 19"West, a distance of 159.93 feet to a pin; thence North 81° 58'34" West, a distance of 173.31 feet to a point; thence North 18° 04' 58" East, a distance of 172.92 feet to a point along the southern right of way line of Morris Neck Road;thence running along the southern right of way line of Morris Neck Road South 77°59'35"East,a distance of 155.00 feet to the Point of Beginning. GPIN: 2308-99-2078-0000 (Part of) H:\AM\Mod of Proffers\MMR Associates\596 Princess Anne Road\ist Amendment to Proffers.docx 6 82 ITEM VII-L. APPOINTMENTS ITEM#69488 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION August 6, 2019 83 ITEM VII-L. APPOINTMENTS ITEM#69489 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JENNA ROBERTSON Student Two year term 9/1/19—8/31/21 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 84 ITEM VII-L. APPOINTMENTS ITEM#69490 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MICHELLE PHAM Student Two year term 9/1/19—8/31/21 PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 6, 2019 85 ADJOURNMENT ITEM#69491 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 7:17 P.M. Terra . e aus Chief Deputy City Clerk anda Barne , MC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia August 6, 2019 86 OPEN DIALOGUE The following registered to speak: Clarence Childers, 901 Laurie Court, Phone: 685-8867, spoke concerning parking in neighborhoods Angela Maxwell, 1165 Jenson Drive, Phone: 321-7887, spoke concerning support for animal shelters and funding efforts for the "Bunny Hutch" Lynn Hightower, 1113 Atlantic Avenue, Phone: 437-8432, spoke concerning fundraiser for the victims of the May 31, 2019 tragedy Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke concerning City employment and the application process Barbara Messner, P. O. Box 514, spoke in criticism of Council Members and City government Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke requesting Council Members review the Longwood Report Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT of proposed City Charter amendment by Council Member Moss ADJOURNED 7:34 P.M. August 6, 2019