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OCTOBER 1, 2019 FORMAL SESSION MINUTES «+�^'BEa'As+4y (4\ n OF OUN hPZ101F" VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 1, 2019 Mayor Robert M. Dyer called to order the CITY COUNCIL'S BRIEFINGS in in the City Council Conference Room, Tuesday, October 1, 2019, at 2:00 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 2 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITi) AFTER-ACTION REPORT AND 2020 KICK-OFF ITEM#69620 2:00 P.M. Mayor Dyer welcomed Brian Solis, Assistant to Acting City Manager for Special Events. Mr. Solis expressed his appreciation to City Council for their continued support: Inaugural 2019 Something in the Water Festival After Action Report Overview Brian S.Solis,AICP Assistant to the City Manager—Special Projects October 1,2019 City Council Briefing c It 3 x ill .r t 0. c - Pharrell Williams announced concept of Something in the Water Festival on 10/28/18 sga-- ,_ '3 Viz , --- < ,,_ 18/19,,25,000ticketssoldoutin21minutes -, ;—_a_ „ - >_ r 3/27/19-Festival capacity increased to 35,000 tickets _ Sold out for a final time on 3/27/19,one month ahead of the Festival Friday,4/26/19 main stage performances cancelled due to inclement weather (ticket purchasers refunded 33%of ticket price) Saturday,4/27/19 main stage area peak scanned attendance in 34,700 range Sunday,4/28/19 main stage area peak scanned attendance in 27,000 range October 1, 2019 3 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITW) AFTER ACTION REPORT AND 2020 KICK-OFF ITEM#69620 (Continued) Here is the footprint of the Festival: _ 5.St.Stage Pop Up Church @ 20'^St.on the ` - Friday 2 pm-11 pm(cancelled) Beach --� `. Saturday Noon—11 pm(12:30 am) Sunday only Noon to 9.00 pm Sunday Noon—10 pro 10:15 pm) Sony @ 19.St.and Pacific Ave. Convention Center-Separate detail Friday 2 pm—11 pm Saturday Noon 11 pm Adidas @ 24'^St.Park Sunday Noon 8 pm Friday 9 am 7:30 pm (closed periodically due to weather) Timberland @ 17r^St.and Pacific Saturday 9 am—7:30 pm Ave. Friday Noon—11 pm Array @ 31^St.Park Saturday 2pm—11 pm (moved to MOCA due Sunday 2 pm—11 pm to inclement weather) Movie Screening 1• "'(;lW Friday only?pm—11 pm 3 Here is the Festival map: '•, Cam',` M --- --- ---- ,,„--;76. - ^ 2019 d _ ;WI. FESTIVAL MAP g •— sue:-_ 4h4Q •sir 4 MADE POSSIBLE BY: VIedZOfl' a, SONY /13Virginia Beach October 1, 2019 4 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITJV AFTER ACTION REPORT AND 2020 KICK-OFF ITEM#69620 (Continued) Here is an overview of the SITW Festival Milestones and Activities: Something in the Water Festival Milestones and Activities 10/28/19 Mr.Williams announced concept of Festival to be held during the CBW 11/13/18 Initial City Council briefing to proceed with Festival 3/5/19 City Council authorized$250,000 and in-kind services sponsorship 3/8/19 25,000 tickets sold in 21 minutes;patron capacity increased to 35,000 tickets 3/27/19 Tickets sold out a final time one month ahead of Festival date 3/25/19 5th Street—Rudee Loop Special Event applications for permits routed 3/27/19 All other Festival activations and Special Event applications for permits routed 3/28/19 30-days out briefing on status of Festival support 4/1/19 Initial Food and Beverage Vendor applications submitted for Health Department's review/approval 4/8/19 Joint City and Festival Team conduct citizen information meeting at Virginia Beach Convention Center 4/19/19 Special Event permits issued for main activations and Festival began full build-out of activation areas(early right of entry granted 4/17/19 for preliminary stage preparation) 4/22/19 Festival load-in began at the Virginia Beach Convention Center 4/25/19 Festival Events • Seatack Achievable Dream Academy • Urban Garden and Super Heroic Children's Event • Zeiders American Dream Theater-XQ Super-School Live 4/26—28/19 Festival main activations 4/29/19 Festival load-out began at Virginia Beach Convention Center 4/29-5/3/19 Festival break-down,clean up and roll-out Here are twenty-five of the Corporate and Non-Profit Sponsors/Partners: Corporate and Non-Profit Sponsors / Partners BACARDI A IB�. 1110/0/ADO OP SONY Vii verizon✓ 4011 ODD COX C. 1131 1110 SE PEP HERv CDC D Uber Eats October 1, 2019 5 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITi9 AFTER-ACTION REPORT AND 2020 KICK-OFF ITEM#69620 (Continued) The next two (2)slides show the line-up of events;Friday's concerts were cancelled due to inclement weather: FRIDAY LINE-UP SATURDAY LINE-UP SUNDAY LINE-UP 44 NATIO VATIS MIOOS :AMU NOVAE nowt ram APLGN LIL VII VEIT MAGAIE MODEMS NISPN MAMMA AMEN, 0101110 nMINMON.1••u.A• 030.1 TRAMS SCOTTVIVINT ONM INewN DM* DAVE MATTMEMS BAND uoer SSA AMrM SNA\VIN I ANN TOM me A PMARRELL & FRIENDS eLSAN NA^[Ar000 SWIMT sow{MAWrate NMI ]asw tau M2SST ILL1O1T TIIMASAN3 LAM-LAT 3001.41 YIIC MYIADcO IOSPM ROSASu TIMM Am, ,.. MASECO RADIANT CHILDREN 1Mw NOISY MANA T1Law ael.NowT 12:3OPM w1ANT CIRMIN TMabOA M<. f.» Oak — , —IMP— Friday,4/26/19 music concerts cancelled due to inclement weather • Dave Matthews Band,Diplo,Janelle Monae,UI Uzi Vert,Masego,Maggie Rogers,Migos,Pharrell&Friends—Gwen Stefan!,N.E.R.D.,Usher,Missy Elliot,Timbaland,Fam-lay(Some combined with Saturday night Pharrell&Friends Set),Radiant Children(moved to Saturday) _ FRIDAY, APRIL 26TH C7) ., - 1, (— SATURDAY, APRIL 27TH INTO TECH IIAM-IIPM - i I OOP TACO A CLACX NILLCMN]ALL LI xerl AND IAITN 11AM ItIM MTN MOO.AO.web.mot.Oa... LLLLL.LIE 1.1.I./If Ft•Sele thl••lell/1•1101, THE ART OF NUM 1EIM 1PM IS TM AMLNLCAN uaAM A Aff3113 - - /NIwM MIN TMt AAAr0N uYCATSOM MUSTY Jew P.MN[u•MT wool luwir v1u» a 9 .ve vLe rise ant,.Sweuu! 1IM SIM I AAAAAA I.MII WONKY •IwlO 'PIN 3.14 liAvem SPLASH MN/PITCH COMPETITION I SOPM/PM VS APS ws..uNs S Sew L few Rrrns CnL2TATIONS molter/rocs COMMUNITY SNACK TAMN ISOIM I►M 1 NTMIC OF�nL rLm AMP INC SIM OIN '!!! A GUIDED FAUNAE IN 6]GIN } P 90IM N!M iM[tN[rt Or<MM Oli6n CONSCIOUSNESS M[RStATION I Tu NOstCT MAIN VAN SONGS' VIl6INIA NULw<ONKMT<Or MITTSVSN6SrsA MAC.<ONV[NTION V SOMITXINGSY TMS VATIN.<OM NNW SONSTX IYOSMTVIVA,.CON October 1, 2019 6 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SIT[) AFTER-ACTION REPORT AND 2020 KICK-OFF ITEM#69620 (Continued) The next few slides provide an overview of the City Permitting and Special Event Management: City Permitting and Special Event Management Planning Subgroups for Special Event Applications Review and Permitting • Safety/Security =_ Purpose: Develop and implement safety - . and security plans;establish chains of comr w t+a� _ evenmand and communication trees for the , � �.t. `p it ~fir • Deliverable: Emergency Response Plan • • Transportation m Purpose: Develop and implement safe and s •11 . om efficient access and transportation plans to, from and within the Resort area. i Z • Deliverable: Traffic Control Pla City Permitting and Special Event Management Planning Subgroups for Special Event Applications Review and Permitting • Facilities Support • Purpose: Provide information on locations,capacities,and r .14116 processes for utilizing facilities and utilities to support the event. • Communications Plan = +a� • Purpose: Develop concise, informative and consistent -- communications prior to and during event. October 1, 2019 7 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITi9 AFTER-ACTION REPORT AND 2020 KICK-OFF ITEM#69620 (Continued) Multi-pronged Event Management Plan • City Oceanfront Second Precinct Command - - ' ,;, with SITW presence seamless communications ._� • Rudee Loop Festival Operations Branch with _ '"."- Iliit -f- City presence - , - • Included Festival call center hotline to - --4 - address Festival patron and 1A,. resident/business inquiries ..,, � Y • Emergency Operations Center open with 1 regional, state and Federal agency 1pr 4 representation , .S! t r - Included Joint Information Center operations _ • Traffic Management Center open to monitor t _ traffic,and adjust signals,throughout the City, # - ___ .M especially Resort area and Princess Anne a .. li Commons Area. Here are the results of the Immediate Post Festival Text Poll: 2019 Something in the Water Festival Immediate Post Festival Text Poll to All Who Signed Up for SITW Alert Poo Question:1104.was)'Out MA to Sofnetning in toe water 2019% 7 Pell Duratron:Apr 29 2019 05 59 05 PM Apr 29 2019 1159 05.Pi. a 1-Waste of money V ■2 ■3 , 3: t Y ,1 4 ' 0.9% f 0 2 \ \ 30% - - ■▪9 i1 10-Aweso.r,e ' 7.3 Y it .i&-. • 10-Awesome 7.9% V,1. 30C% "{t i .. Out of the 9,114 patrons who received the poll,1,611,or approximately 18%,responded. Of the respondents, 80%ranked the Festival at a"10"with close to 95%ranking it at an"8"or higher. October 1, 2019 8 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITTI9 AFTER ACTION REPORT AND 2020 KICK-OFF ITEM#69620 (Continued) Here is an overview of SITW After Action External Stakeholder Feedback—Meetings and Interviews: SITW After Action External Stakeholder Feedback — Meetings and Interviews • Virginia Beach Hotel Association(VBHA)—Meeting held April 29,2019 • Human Rights Commission(HRC)—Meeting held May 9,2019 • Atlantic Avenue Association(AAA)—Meeting held May 17,2019+AAA '++ Online Survey • Resort Advisory Commission(RAC)Feedback Letter—Meeting held May 20,2019 • Business Association and Civic League Festival After Action Focus Group— i Sy Meeting held June 6,2019 L� �y • Human Rights Commission Independent Observers—Meeting held May 30 Nit. L 2019 • Virginia Beach Vision,Oceanfront Task Force—Meeting held June 24,2019 • 401 Oceanside Condominium(residences closest to main stage)—Interview with Management on June 17,2019 • Dolphin Run Condominium(residences closest to main stage)—Interview with Management on June 20,2019 Here is "What Went Well: The Top 5 positive items", received from a variety of external stakeholder groups, including residential civic organizations, business associations, condominium management, and City Council-appointed commissions: What Went Well: The Top 5 positive items 1) Community Harmony Achieved Harmonious atmosphere(theme and activations)brought people together from all demographics. 2) Top Tier Talent Performances and Corporate Partnerships Musical acts,speaker panels,and corporate sponsored activations were top level;programs professionally produced in highly impactful format. 3) Traffic Management Plan Worked Transportation system and traffic management was effective. 4) Friendly-face of Public Safety Public Safety presence of all branches, including mutual aid from state and federal agencies,was friendly and helpful. 5) Some of the Best Things in Life Are Free Free program activities and experiences appreciated and important in welcoming visitors and residents. October 1, 2019 9 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITN9 AFTER ACTION REPORT AND 2020 KICK-OFF ITEM#69620 (Continued) Here is, "Top 5 Items Stakeholders Recommend be Improved: Top 5 Items Stakeholders Recommend be Improved are: Non-Resort Area Internal Stakeholders Resort Area Residents& businesses,visitors and Businesses citizens 1. Communication 1. Involve Resort Area Stakeholders 1. Develop Local Talent Sooner and More in Festival Planning Detailed 2. Local Presence Needed to 2. Distribute Festival Programming Represent the Festival 2. Consistency in (and impacts)over Wider Area Permitting Process 3. Start Planning Earlier 3. Highlight Local Businesses Communication Sooner 3. Consolidation of Event and More Detailed Management 4. Communication Sooner and More Details 4. Communicate Early,Often 4. Parking and with Details S. Better Management of Peak 5. Transportation Egress 5. Improving Transportation System Mayor Dyer expressed his appreciation to Mr. Solis for the presentation. October 1, 2019 10 CITY MANA GER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITN9 EXPENSES AUDIT RESULTS ITEM#69621 2:20 P.M. Mayor Dyer welcomed Lyndon Remias, City Auditor. Mr. Remias expressed his appreciation to City Council for their continued support: Results of A re . Upon Procedures for the 2019 OFFICE OF THE CITY AUDITOR Lyndon Remias October 1,2019 City Council Briefing . i is /t,....,.. .__.. _ `L.__ :_._+— This slide shows the expenses which were not included in the initial report: Review of the methodology and support of City's accounting and compilation of in- kind expenses related to the 2019 Inaugural Something in the Water Festival We identified the following exceptions: Salary Costs 1 Overtime Cost Bus Seosticesst $78,725 $11,303 $128,912 411101.0 -` 2 October 1, 2019 11 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITN9 EXPENSES AUDIT RESULTS ITEM#69621 (Continued) The City contributed$1.1-Million for the SITW Festival: ETkr WAVE it City Sponsorship and Support Costs Sponsorship 5250.000 S0 S250 000 In-Kind Services Personnel Costs S789,325 (567.422) 6721 903 Operating Expenses S112.526 S0 S112526 Veen-School Buses 5128.912 (S128.912) SO HRT-Trolley Shuttles S26.086 426 086 Event Total $1 306 849 (5196 334) SI 110 515 3 Here is a breakdown of the Operating Expenses by Category: gvatel OPERATING 52868625 EXPENSES BY CATEGORY 5 62,927 72 Original Total $112,526 57.682.00. ■ ■ 4 October 1, 2019 12 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITT 9 EXPENSES AUDIT RESULTS ITEM#69621 (Continued) Here are the recommendations: 400 Many of the Management Should: feedback suggestions • Establish detailed written guidelines provided could lead relating to authorizing,approving and to efficiencies and capturing/allocating costs associated with large special events.The guidelines a reduction in the should be distributed to the departments support services along with the shared program code for necessary to host a the event. successful, large • Incorporate best practices/and or lessons scale events, learned from the inaugural Festival for future Festivals and events,when 0 practical. 0 C 5 ISO 0111 4110 THANK YOU To read a full copy of our report visit our website at www.vbgov.com/cityauditor 0 0 i 0 0 0 a 6 111) Mayor Dyer expressed his appreciation to Mr. Remias for the presentation. October 1, 2019 13 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITIO CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 2:31 P.M. Mayor Dyer welcomed Dr. Vinod Agarwal, Old Dominion University. Dr. Agarwal expressed his appreciation to City Council for their continued support: OLD DOMINION '� ;<' i UNIVERSITY 10 Something in the Water, 2019: Survey Findings and Economic • Impact of SITW ,T Dr. Vinod Agarwal Professor of Economics Strome College of Business �. Old Dominion University , ��, vagarwal@odu.edu tif October 1, 2019 41 City Council Briefing Appreciation I/RU1S( \ItN FOR7tl �,p 11ll poi.lcr G1 (tl) - i� OLD DOMINION UNIVERSITY .1 Strome College oF Business �9tm e�° I'ASTE OF INDIA eF OUR NAT\ems . 2 October 1, 2019 14 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITW CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) V Something in the 41 Ir Water: A First Look A total of 6,949 visitor surveys were used to provide an analysis for the SITW Festival: Visitor Surveys for the SITW Festival Paper Intercept Surveys 2,004 QR Code Surveys 730 Email Surveys 5,349 Total Surveys 8,083 Discarded Surveys 1,134 Surveys Used 6,949 Surveys with responses on all categories of 5,692 expenditures October 1, 2019 15 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITT9 CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) The next several slides provide a breakdown of demographic responses: Distribution of SITW Visitors by Residence .23% ■Virginia Beach ■Other Hampton Roads 43% ■Non Hampton Roads 34% Number of total respondents is 6,949. Distribution of Visitors from Hampton Roads by Selected Cities and Counties 4.4% 2.0% 1.2% ■Any County in Hampton Roads •Williamsburg 8.5% `- 14 2% Chesapeake Suffolk 8.2% 4.5% •Virginia Beach ■Norfolk 14.7% ■Newport News 42.3% ■Hampton ■Portsmouth Number of respondents stating they are from Hampton Roads is 3,951.However,132 respondents could not be assigned a city or county on the bask of tip Lodes. October 1, 2019 16 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITH9 CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) Distribution of Visitors by Type of Lodging 2.3% •Hotel/Motel ■Campground Friends/Family Airbnb or Similar •Apartment/Condo ■At Home 21.5% 2.7% ■Other* •Number of respondents is 6,640.109 respondent visitors did not answer thz question. includes respondents staying at bed&breakfast l9),boat(4),and timeshare(67) 86.8%of respondents surveyed indicated they are "extremely likely"to return if the Festival is held next year in the City: Likelihood of Return if the Festival is Held Next Year in Virginia Beach 100% 90% - 86.8% 80% - 70% - 60% - 50% - 40% - 30% - 20% - 10.3% 10% - 2.4% 111111 0.6% 0% Extremely likely Quite Likely Slightly Likely Not Likely Numberof respondents is 6,919.Only 10 respondents did not answer this question. October 1, 2019 17 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITT19 CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) Distribution of Visitors by Race/Ethnicity Other 6.6% Hispanic 8.8% Asian 4.29' African American 61.1% Number of respondents is 6.]39.Only 190 respondents did not answer this question. Distribution of Visitors by Gender Other 0.5% Male 33.6% Female 65.9% Number of respondents is 6,749.Only 20D respondent did not answerthu Question. 10 October 1, 2019 18 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITiP CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) Economic �o'"ET"jam, Impact on 1,000414. 1/v Virginia Beach Here are comments relating to the methods used for the Expenditures and Economic Impact Analysis: Comments on Expenditures and Economic Impact Analysis Out of Area Visitors: Their spending is included in the calculation of indirect and induced Impacts. • Local Visitors: Spending of only those visitors (who would go outside the area to a similar festival) is included in the calculation of indirect and induced Impacts. (Repatriation) Local Visitors: Spending of those visitors (who would not go out side the area to a similar festival) is included ONLY in the calculation of direct impacts. (Substitution) In general, smaller areas for any event have larger expenditures originating from out of area; but indirect and induced Impacts are small as leakages can be significant. October 1, 2019 19 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITH9 CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) Economic Impact Analysis for Virginia Beach Ronald D Berkebile,Analytical Team Lead,SGA Office Vinod Agarwal,PhD,Old Dominion University The SITW proforma analysis is consistent with the previous resort event proforma analyses: Event Analytical History City of Virginia Beach City of Something in the Water Virginia Beach Rofoiu2a Analysis Resort Event Proforma Analysis Proforma • ® Format III iswer February 1.2019 AWN 26—28,2019 as Dean...ary,.aw.nm,y c®ee-Cndsma Ga`sm. ". .as.... w.ras010 ouw.sm Lose, kd4UI *Car-.n.%sa Su06,. October 1, 2019 20 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITTI9 CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) This slide provides a breakdown of visitor and resident spending for the SITW Festival: Visitor Spending in Virginia Beach Something in the Water Festival Attendee Tax and Gratullusive Spending Impact Lodging F&B Entertainment Other Total Visitor Ticket Holders $3,224,246 $1,836,626 $6,661,827 $1,579,717 $13,302,416 Virginia Beach Ticket Holders 281,411 431,866 1,979,714 357,033 3,050,024 All Ticket Holders $3,505,658 $2,268,491 $8,641,541 $1,936,750 $16,352,440 Sources 5r7W Visitor Surveys and Old Dominion University Something in the Water Festival Business Establishment Patronage Impact Lodging F&B Entertainment Other Direct Total Visitor Ticket Holders $2,152,817 $1,511,635 $6,048,021 $1,490,305 $11,202,777 Virginia Beach Ticket Holders 241,915 355,447 1,796,401 336,825 2,730,589 All Ticket Holders $2,394,732 $1,867,082 $7,844,422 $1,827,130 $13,933,366 Sources CVB PCDSGA Office ord Old Dominion University Mans Bah uoIntut n.eenee Page 11 and Page 12 Residents accounted for 20%of all spending whereas, visitors accounted for more than half of entertainment spending.' Economic Impact of Visitor Spending in Virginia Beach Something in the Water Festival Economic Impact Direct Indirect Induced Total Visitor Ticket Holders $11,202,777 $3,757,944 $3,255,262 $18,215,983 Virginia Beach Ticket Holders 2,730,589 437,218 376,288 3,544,094 All Ticket Holders $13,933,366 $4,195,162 $3,631,549 $21,760,078 Sources:CVB PCD SGA Office and Old Dominion University Something in the Water Festival Total Fiscal Impact(Taxes) Direct Indirect Induced Total Visitor Ticket Holders $898,983 $17,944 $30,025 $946,953 Virginia Beach Ticket Holders 237,183 1,853 3,345 242,382 All Ticket Holders $1,136,166 $19,798 $33,370 $1,189,334 Sources:CVB PCD SGA Office and Old Dominion University o.,.w...1.w.Inthe Report.n Page 14 and Page 15 October 1, 2019 21 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITT9 CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) Here is an overview of the City's Expenditures for the SITW Festival: City of Virginia Beach Expenditures for the SITW Festival Police Department $452,866 Convention And Visitors Development' $268,501 Fire Department $101,254 Public Works $96,025 Sheriff's Office $84,985 HRT-Trolleys $26,086 Emergency Medical Services $17,432 Emergency Communications and Citizen Services $15,153 All Others(each category is less than$15,000);8 categories $48,213 Total Expenditures $1,110,515 Historical College Beach Weekend Expenditures $259,139 Something in the Water Net Cost $851,376 Source:an of Virginia Beach.Re1.r evadable kthe Report Page 17.•Includes$ o,00/orsponsorship M the thy 17 Here is an overview of City's Tax Revenues and Expenses: City's Tax Revenues and Expenses Something in the Water Festival City Government Proforma Revenues Expenses Net Direct Impact $1,136,166 $851,376 $284,790 Direct+Indirect Impact 1,155,964 $851,376 304,588 Direct+Indirect+Induced Impact 1,189,334 $851,376 337,958 Sources:CUB PCD SGA Office and Old Dominion University Detel6.r.mbk Ind"Report.,,Page 18 October 1, 2019 22 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITW CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) Economic `"ET"tea Impact on its Hampton Roads Overall, the average expenditure per person was$294.00; 34.3%stayed in hotels; 26.3%stayed at home and 21.5%stayed with friends and relatives: Selected Information on Visitors Stay by Residence Other Virginia Hampton Beach Roads Out Of Area Residents Residents Residents Average Expenditures per Person,Excluding Ticket Purchases $197 $247 $378 Average Number of Days Stayed 2.6 2.7 2.9 Type of Lodging Hotel/Motel 10.1% 27.9% 52.1% Friends and Family 15.7% 20.1% 25.6% Home 61.3% 35.3% 0.8% October 1, 2019 23 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITTI9 CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) Here are the Hotel Occupancy Rates on Friday and Saturday: Hotel Occupancy Rate Friday and Saturday during SITW in Selected Sub-Markets of Hampton Roads 100% 98% 96% 0 94.5% 94% 93.6% 94.1/o s2% 91.8a/o 91.3%91.9% 91.2% 90.3% 90% 88% 86.8%86.5% 86.5/o a 87.5% 86% 84% 82% 80% Virginia Beach Chesapeake/Suffolk Norfolk/Portsmouth Newport Williamsburg Hampton Roads News/Hampton ■Friday ■Saturday Sources:STR daily data receved In May 2019 and the Old Dominion University Economic Forecasting Project. 21 Here is a comparison of the Revenue Per Available Room (RevPAR) on Friday and Saturday within Hampton Roads: RevPAR on Friday and Saturday during SITW in Selected Sub-Markets of Hampton Roads $190 $188 $177 $170 $150 $139 $130 $126$144 $127 $131 $135 $++g $109 $111 $109 $108 $90 $70 $50 Virginia Beach Chesapeake/Suffolk Norfolk/Portsmouth Newport Williamsburg Hampton Roads News/Hampton •Friday •Saturday Sources:SIR doily data reeved In May 2019 and the Old Dominion Unverslty Economic Forecasting Project. 22 October 1, 2019 24 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITW) CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) The two charts below provide a comparison of the last weekend in April in 2018 and 2019: Hotel Occupancy Rate in Selected Sub-Markets and Hampton Roads Last Weekend of April(Thursday to Monday):2018 and 2019* 85% 794% 81.0% 80% 77.4% 78.2% 77.4%p 75% 75.3% illijil 70%65% 64.2% 60% 55% 50% Virginia Beach Chesapeake/Suffolk Norfolk/Portsmouth Newport Williamsburg Hampton Roads News/Hampton ■2018 ■2019 Sources:STR daily data received In May 2019 and the Old Dominion University Economic Forecasting Project.Data for 2018 are from Thursday, 23 April 26 through Monday Apnl 30,2018;corresponding dates for 2019 are Thursday,April 25 through Monday April 29,2019 Hotel RevPAR in Selected Sub-Markets and Hampton Roads Last Weekend of April(Thursday to Monday):2018 and 2019* $140 $120 $121 $100 $93 $87 $95 $81 $82 $80 $71 $73 $69 $63 $69 $60 $49 $40 $20 $0 Virginia Beach Chesapeake/Suffolk Norfolk/Portsmouth Newport Williamsburg Hampton Roads News/Hampton •2018 ■2019 Sources:SIR daily data received in May 2019 and the Old Dominion University Economic Forecasting Project Data for 2018 are from Thursday, 24 April 26 through Monday April 30,2018;corresponding dates for 2019 are Thursday,April 25 through Monday April 29,2019 October 1, 2019 25 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITiI) CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) Visitors Spending in Hampton Roads at Something in the Water Festival Attendee Tax and Gratuity Inclusive SpendNWHampton Roads Lodging F&B Entertainment Other Total Visitor Ticket Holders $2,255,908 $1,203,833 $3,819,137 $1,009,718 $8,288,596 Hampton Roads Ticket Holders 1,244,589 1,059,147 4,819,494 923,929 8,047,159 All Ticket Holders $3,500,497 $2,262,980 $8,638,631 $1,933,647 $16,335,755 Sources:Old Dominion University Business Establishment Patronage Impact on Hampton Roads Lodging F&B Entertainment Other Direct Total Visitor Ticket Holders $1,971,776 $986,746 $3,503,791 $952,568 $7,414,881 Hampton Roads Ticket Holders 1,087,833 868,151 4,421,548 871,635 7,249,167 All Ticket Holders $3,059,609 $1,854,897 $7,925,339 $1,824,203 $14,664,048 Sources:Old Dominion University Here is the Economic Impact on Hampton Roads: Economic Impact on Hampton Roads Direct Impact $14,664,048 Indirect and Induced Impact $9,450,524 Total Impact $24,114,572 October 1, 2019 26 CITY MANAGER'S BRIEFINGS 2019 SOMETHING IN THE WATER (SITi) CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS ITEM#69622 (Continued) Economic Impacts presented in this report do not include expenditures by the event producers that went outside of the area. Also excluded are expenditures incurred by ancillary enterprises (sponsors) on behalf of the event. cin OLDDOMINION JfiY' Thank You .F_ Any Questions? • For further information contact: • Dr.Vinod Agarwal • • vagarwal@odu.edu ,,•• :... • www.ceapodu.corn ).111 ILL Mayor Dyer expressed his appreciation to Dr. Vinod Agarwal for the presentation. October 1, 2019 27 CITY COUNCIL LIAISON REPORTS ITEM#69623 3:03 P.M. Council Member Moss advised he attended the recent Military Economic Development Advisory Committee (MEDAC)Meeting where they discussed the potential impact of off-shore property and the supply chain. Council Member Moss advised Mr. Matthias may be able to provide more details at a future date as he merely listened to avoid a conflict of interest. October 1, 2019 28 CITY COUNCIL COMMENTS ITEM#69624 3:04 P.M. Council Member Berlucchi requested an addition to the Legislative Agenda to make conversion therapy for LGBT an unlawful process. Council Member Berlucchi advised conversion therapy is also known as reparative therapy is a harmful practice to try and change ones sexual orientation or gender identity and is a discredited theory. Council Member Berlucchi advised, sixteen states have adopted this ban and he is hopeful to have Council support to submit this item to the Legislative Agenda, attached hereto and made a part of the record. • October 1, 2019 1. PROTECTION OF YOUTH FROM CONVERSION THERAPY SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: Conversion therapy, sometimes known as reparative therapy, is the harmful practice of attempting to change one's sexual orientation or gender identity. This philosophy is based on discredited and outdated theories. In Virginia, it is currently legal to promote and engage in this dangerous technique, which is especially harmful to youth, who often have no choice when this treatment is forced upon them by a parent or guardian. Since 1975,the American Psychological Association has stated that homosexuality is not a mental illness, yet throughout Virginia organizations promote this practice as a legitimate and medically backed option for Lesbian, Gay, Bisexual, and Transgender (LGBT) youth to cure them of being who they are. In 2013, the American Psychiatric Association made the following issue statement: "The American Psychiatric Association does not believe that same-sex orientation should or needs to be changed, and efforts to do so represent a significant risk of harm by subjecting individuals to forms of treatment which have not been scientifically validated and by undermining self-esteem when sexual orientation fails to change. No credible evidence exists that any mental health intervention can reliably and safely change sexual orientation; nor, from a mental health perspective does sexual orientation need to be changed." According to research from the Family Acceptance Project, suicide attempts nearly double(48%) for LGBT youth who report parent and guardian efforts to change their sexual orientation versus those who didn't experience those efforts (22%), and that rate nearly tripled for LGBT young people who reported both home-based efforts and formal intervention efforts by external parties, such as therapists and religious leaders. (63%) Sixteen states and territories have banned this harmful practice. Request: The General Assembly is requested to adopt legislation that would establish that conversion therapy for LGBT is an unlawful process. 29 CITY COUNCIL COMMENTS ITEM#69625 (Continued) Council Member Henley requested an additional to the Legislative Agenda to submit legislation to the General Assembly that would convert the Virginia Shoreline Resiliency Fund from a low interest loan to a cost sharing and grant program and to provide funding on a recurrent basis for the program. The proposed item is attached hereto and made a part of the record. October 1, 2019 Or4k (4) I 24 17. VIRGINIA SHORELINE RESILIENCY FUND SPONSORED BY COUNCIL MEMBER,BARBARA HENLEY&GREEN RIBBON COMMITTEE Background Information: In the 2016 Session of the General Assembly, the Virginia Shoreline Resiliency Fund was established as a low interest loan program. This provided low-interest loans to mitigate and adapt to recurrent flooding. Funds have never been provided to provide a 'bank' from which funds could be borrowed. Request: The General Assembly is requested to convert the Virginia Shoreline Resiliency Fund from a low interest loan to a cost sharing and grant program, and to provide meaningful funding on a recurrent basis for this program. This would allow individual property owners a source of funding from the Commonwealth to elevate their homes, or otherwise mitigate the effects of sea level rise and provide resiliency from the same. We also ask that the Commonwealth be a sponsor with Federal Agencies on projects large and small. 30 CITY COUNCIL COMMENTS ITEM#69626 (Continued) Council Member Moss advised there are a number of items listed on the proposed VML Legislative Priorities which he believes would cause the state to significantly increase taxes. Council Member Moss advised in his opinion, the listed items are not within the tenor of the Council Body or if they are, he would like to take a public vote. Council Member Moss advised he would like to discuss the items on the list after Council has had a chance to review the proposed list. October 1, 2019 31 CITY COUNCIL COMMENTS ITEM#69627 (Continued) Council Member Moss. City Council received a memo today concerning SPSA's request to appoint citizens or City staff to the board. Council Member Moss requested to know if there are any citizens that would like to serve and advised he would like to appoint a citizen before considering City staff members. October 1, 2019 32 CITY COUNCIL COMMENTS ITEM#69628 (Continued) Council Member Moss advised Council received information on school funding formula in their package today which provided statistical information. Council Member Moss advised in 2002, the state was providing 45.3% of the total cost of funding and in 2020, it will be 41.4%. In 2002, the amount the state provided was $6,052.00 per student, by calculating the inflation index, the total would be adjusted to $8,630.00 per student. Council Member Moss advised the amount is actually$10,000.00, which is a 77.8% increase. Council Member Moss advised the statistics show the sacrifice citizens are paying to support education while citizen income has been flat and enrollment continues to decrease. October 1, 2019 33 CITY COUNCIL COMMENTS ITEM#69629 (Continued) Council Member Moss advised during the Council Retreat in September, there were plans to discuss the budget guidance, and he would like to see that scheduled in October or November. Mayor Dyer advised that discussion is scheduled to be held on Tuesday, October 8t. October 1, 2019 34 CITY COUNCIL COMMENTS ITEM#69630 (Continued) Vice Mayor Wood requested clarification for the two items brought forward by Council Members Berlucchi and Henley;specifically, would the items be added to the Legislative Agenda. Council Member Moss suggested to have both items on the next agenda to allow for public comment before adding them to the Legislative Package. Mayor Dyer asked Council Members if that was acceptable and received a consensus. October 1, 2019 35 CITY COUNCIL COMMENTS ITEM#69631 (Continued) Mayor Dyer advised the City has received nine (9) responses to the RFP to hire an agency to assist with the City Manager hiring process. Mayor Dyer advised the score sheets need to be completed by Council Members and submitted to Regina Hillard by October 8`h. October 1, 2019 36 AGENDA REVIEW SESSION ITEM#69632 4:00 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 2-3 re Appointments to Boards and Commissions(Requested by Council Member Henley) b. 4-1 re Special Events Permits 2. Resolution to MOVE the November 5, 2019, Regular Meeting of the City Council to November 12, 2019(Requested by City Council) 3. Resolution to DECLARE November 15—December 15, 2019, as Buy Local Month (Requested by Council Member Wooten) 4. Ordinance to GRANT a Franchise Agreement to Virginia Beach Horseback, Inc. re allow guided horse riding tours on the beach 5. Resolution to AUTHORIZE the issuance of Development Authority Revenue Bonds re acquisition, construction, renovation, rehabilitation and equipping of the approximately 186-Unit The Commons at Princess Anne Multi-Family Housing Facility 6. Ordinance to AUTHORIZE temporary encroachments into portions of City property known as Lake Joyce and the 25'strip of land around Lake Joyce located the rear of 4321 Blackbeard Road re remove existing pier, construct and maintain proposed riprap revetment,timber pier and boat ramp and maintain the existing bulkhead and fencing 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the United States Coast Guard for up to five (5)years for 36 +/-square foot portion of City property located on the Jetty on the North side of Rudee Inlet re lighting,power supply equipment and associated navigational aids 8. Ordinance to APPROPRIATE$139,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to the FY 2019-20 Police Operating Budget re confidential informant awards, canines, rifle mounted lasers, light replacements and tactical training 9. Ordinances to ACCEPT and APPROPRIATE.: a. $77,750 from the Department of Homeland Security to the FY 2019-20 Police Operating Budget and TRANSFER $25,917 within the FY 2019-20 Police Operating Budget to provide the required local grant match re marine patrol equipment b. $98,619 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY 2019-20 Human Services Operating Budget; AUTHORIZE one (1)full- time position and CONVERT one (1)part-time position to a full-time position re STEP-VA Primary Care Screenings Services Program October 1, 2019 37 AGENDA REVIEW SESSION ITEM#69632 (Continued) c. $195,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to FY 2019-20 Human Services Operating Budget and AUTHORIZE two (2)full- time positions re STEP-VA Outpatient Behavioral Health Services Program d. $226,821.41 in developer contribution from Renaissance Apts.I,L.P. to CIP#2-025 Witchduck Road Phase II re construction of required improvements K. ORDINANCES/RESOLUTIONS: ITEM#la WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY October 1, 2019 38 AGENDA REVIEW SESSION ITEM#69632 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. PETER COLEMAN& JOAN SHEPHARD for a Street Closure re one-half of unimproved unnamed alley adjacent to 709 Vanderbilt Avenue DISTRICT 6—BEACH 2. ROBERT& JANET KOTTKE for a Modification of Conditions re preschool/day-care facility at 2660 West Neck Road(Approved July 3, 2001)DISTRICT 7—PRINCESS ANNE 3. CHESAPEAKE BAY FOUNDATION,INC.for a Modification of Conditions re environmental education center at 3663 Marlin Bay Drive (Approved December 11, 2012) DISTRICT 4 — BAYSIDE 4. VIRGINIA BEACH DIGIPORTS, LLC/TAYLOR FARMS LAND COMPANY, LLC for a Conditional Change of Zoningfrom AG-1 &AG-2 Agricultural Districts to Conditional I-1 Light Industrial) re data center and mechanical yard at 2097 Harpers Road DISTRICT 6—BEACH 5. SHENELL LATHAM/DONG JO KlMfor a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 106 DISTRICT 4—BAYSIDE 6. MICHAEL CARLSON/ WILLIAM D. FRIERSON, HI for a Conditional Use Permit re automotive repair garage at 1181 Jensen Drive DISTRICT 6—BEACH 7. CHRISTINA MARCHIONE/BRUCE& SUSAN WHITAKER for a Conditional Use Permit re automotive repair garage at 2601 Production Road, Unit 102 DISTRICT 6—BEACH 8. MONICA YVONNE LANCASTER for a Conditional Use Permit re family day-care home at 1505 Colebrook Drive DISTRICT 1 —CENTERVILLE 9. T& S LAWN& LANDSCAPING, LLC for a Conditional Use Permit re bulk storage yard at 400 Davis Street DISTRICT 2—KEMPSVILLE L. PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY October 1, 2019 39 ITEM#69633 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). • Dome Site • Historic Kempsville • Burton Station • Voter Registrar Office Location PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Dome Site LEGAL MATTERS: 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)(8). • Voter Registrar Office Location • Historic Kempsville 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 October 1, 2019 40 ITEM#69633 (Continued) Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 3:19 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 3:19 P.M.—3:45 P.M. Closed Session 3:45 P.M. —5:59 P.M. October 1, 2019 41 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL OCTOBER 1, 2019 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, October 1, 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: Council Member Jones 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`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest, "as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. October 1, 2019 42 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. October 1, 2019 43 ITEM— VI-E CERTIFICATION ITEM#69634 Upon motion by Council Member Wilson,seconded by Council Member Abbott, 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 *Council Member Moss stepped out of the Closed Session during the Dome Site discussion due to potential conflict of interest: October 1, 2019 GIN '.BE4e J�� 4'L r as J�F OUR 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#69633 Page 40 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. Amanda Ba nes, C City Clerk October 1, 2019 44 ITEM-VLF MINUTES ITEM#69635 Upon motion by Council Member Berlucchi, seconded by Council Member Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of September 17,2019 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 October 1, 2019 45 ITEM-VLG MAYOR'S PRESENTATION ITEM#69636 FAITH WORKS COALITION DAY Mayor Dyer introduced and welcomed Glen Sweitzer and Pat Roll from the Faith Works Coalition and presented a Proclamation declaring October 1, 2019 "Faith Works Coalition Day". Mayor Dyer encouraged the community to extend gratitude and congratulations to members of Faith Works Coalition and continue to build upon the future and do good works. Mr. Sweitzer expressed his appreciation to City Council for their continued support. October 1, 2019 # (t.„..„,,,. ,,,,, _ S op OUR,gA(�j0'N V ...„4 firottantaction Whereas: 'Faith:Works Coalition, Inc. has 'Joined 1fands to Jfefp Our Community"or over 10 years, and has been committed to assist homeowners desperately in need of home repairs in the City of Virginia Beach;and Whereat 'Faith Works mission promotes building community spirit through collaboration with other charitahle and private organizations whose goals and objectives are aligned with:theirs;and Whereas 'Ibis non-profit organization comprised of volunteers who devote their time and talent to repairing homes for the ehderly, disabled, military retirees and families whose financial position does not allow for costly home repair 6iffs;and, Whereas: 'Faith Works builds on the willingness and desire to aid others in need in'Virginia Beach,and enhance the joy of fellowship inherent in faith based,volunteer community projects;and Whereas: 'Faith'Works has also provided emergency relief through repair and reconstruction services in areas suffering from naturafdsasters;and Whereas: 'Ibis unassuming organization has received accolades for their community achievement by 'Volunteer Jfampton Woad;and statewide at the'Virginia Neighborhood Conference;and Whereas: 'Faith'Works Coalition was the recipient of our own Virginia Beach Jfuman'fights 'Daniel M.Stone JfumanitarianAward";and Whereas: 'Faith 'Works' projects result in vibrant community spirit, and improved neighborhoods instilling a renewed belief that aff things are possible when people care for one another;and Whereas: 'This unique organization should be recognized for having recently completed a momentous 100016 home repair project through volunteer staff members,sweat equity and no government funding;and Whereas: 'Faith 'Works truly is making a difference in peoples' quality of life, the home physical conditions,as well as neighborhood preservation;and Whereas: 'Faith'Works Coalition,Inc.and its volunteers have embodied the qualities we seekas leaders in our community and have shown us their faith by their works. Now Therefore,I Robert M.Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim: October 1, 2019 Faith Works Coalition Day In'Virginia Beach,and I call upon our community to eyend their gratitude and congratulations to our partner and friend on this day, and with all our"Faithand confidence to continue to build upon the future and do good'Woi c" In Witness'i4&eof I have hereunto set my hand and caused the Offciaf Seal of the City of Virginia Beach, Virginia, to be affixed this first day of October 2019. nw r Y= .,,, / e2d‘dfr6`clei#€<..1 1Zgbert M. "Bo66y"Dyer Mayor 46 ITEM— VLH.1 PUBLIC COMMENT ITEM#69637 Mayor Dyer DECLARED a PUBLIC COMMENT.• 2020 LEGISLATIVE AGENDA The following registered to speak: Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, expressed his frustration that three (3) minutes was not enough time to speak on each of the fifteen (15) items in the Legislative Agenda. Mr. Greenmum spoke in OPPOSITION to items 2 and 15 and in SUPPORT of item 11 Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT of items: 1, 4, 11, 13, and 14 and in OPPOSITION of items: 2, 5, 8, and 15 Barbara Messner, P. O. Box 514, spoke in OPPOSITION to items: 3, 13 and 15 Andrew Jackson, 153 Upperville Road, Phone: 490-9190, expressed his frustration that three(3) minutes was not enough time to speak on each of the fifteen (15) items in the Legislative Agenda There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT October 1, 2019 47 ITEM— VLI.1 PUBLIC HEARING ITEM#69638 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CHARTER AMENDMENT City Council Members Resign to Run The following registered to speak: Michelle Rilee, 3675 Hill Breeze Road, Phone: 805-0605, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in SUPPORT Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT Andrew Jackson, 153 Upperville Road, Phone: 490-9190, spoke in SUPPORT There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING October 1, 2019 48 ITEM— VLI.2 PUBLIC HEARING ITEM#69639 Mayor Dyer DECLARED a PUBLIC HEARING.• CONSIDER SALE OF EXCESS PROPERTY 2224 London Street There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING October 1, 2019 49 ITEM— VLL3 PUBLIC HEARING ITEM#69640 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED FRANCHISE AGREEMENT Virginia Beach Horseback,Inc. The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in SUPPORT There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING October 1, 2019 50 ITEM— VLJ FORMAL SESSION AGENDA ITEM#69641 Mayor Dyer read the Speaker Policy and advised for items where only one (1)speaker is registered, the City Clerk will call the speaker and they will be given three (3) minutes on each item they registered to speak. The City Clerk called the following speakers: Barbara Messner, P. O. Box 514, spoke on items:K.1 b, K.4, K.8, K 9b and K 9c Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke on item:K.3 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Agenda Items K: Ordinances/Resolutions lb, 3, 4, 6, 7, 8, and 9a/b/c/d and Planning Items L:2, 5, 6(AS AMENDED), 7, 8, and 9 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 K ORDINANCES/RESOLUTIONS: ITEM#la WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY L. PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY October 1, 2019 51 ITEM— VLK.1a ORDINANCES/RESOLUTIONS ITEM#69642 The following registered to speak: Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in SUPPORT Upon motion by Council Member Moss, seconded by Council Member Henley, City Council ADOPTED Ordinance to AMEND City Code Section: a. 2-3 re Appointments to Boards and Commissions(Requested by Council Member Henley) 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 October 1, 2019 REQUESTED BY COUNCILMEMBER HENLEY 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 2-3 REGARDING APPOINTMENTS TO BOARDS 3 AND COMMISSIONS 4 5 Sec. 2-3. - Limitation on terms of members of boards and commissions; applleation 6 far-appointment of such members. 7 8 (a) Any person appointed to a board or commission of the city shall be limited to: 9 (1) Eight (8) consecutive one-year terms. 10 (2) Four (4) consecutive two-year terms. 11 (3) Three (3) consecutive three-year terms. 12 (4) Two (2) consecutive four-year terms. 13 (5) Two (2) consecutive five-year terms. 14 15 The council shall limit its selections to those persons who have submitted applications 16 on forms approved by the council and on file with the city clerk. Each member of the 17 council may review the applications fifteen (15) days prior to the appointment. 18 19 No person may be nominated for appointment to an initial term unless that nominee's 20 potential appointment to the board or commission was previously discussed by the City 21 Council during a prior Council meeting. Such discussion may occur during the open or 22 closed portion of the prior meeting, in accordance with the Virginia Freedom of 23 Information Act. 24 25 (b) Notwithstanding the provisions of subsection (a) above, city council may, by an 26 affirmative vote of a majority of all of the councilmembers, reappoint a person to an 27 additional term beyond that permitted by subsection (a) when, by virtue of the unique 28 qualifications of the position or other extenuating circumstances, doing so would 29 serve the best interests of the city. 30 31 (c) Term limits shall not apply to appointees of the board of building code appeals. The 32 members of each division of the board of building code appeals shall serve at the 33 pleasure of city council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day of October , 2019. APPROVED AS TO LEGAL SUFFICIENCY: --7 City Attorney's Office CA14830 R-ALT2 September 17, 2019 52 ITEM— VLIC.lb ORDINANCES/RESOLUTIONS ITEM#69643 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: b. 4-1 re Special Events Permits 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 October 1, 2019 1 AN ORDINANCE TO AMEND SECTION 4-1 2 OF THE CITY CODE PERTAINING TO 3 SPECIAL EVENT PERMITS 4 5 Section Amended: § 4-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 4-1 of the City Code is hereby amended and reordained to read as 11 follows: 12 13 Sec. 4-1. - Permit for special events. 14 15 (a) Events for Which Permit Required. No person or entity shall hold, organize 16 or sponsor any of the following events or activities unless a permit therefor 17 has been granted by the city: 18 19 . . . . 20 21 (8) Scheduled gatherings of two hundred (200) or more persons on any 22 public property, other than parks. 23 24 (8a) Activities on a parcel being used as a short term rental property as 25 defined in Section 111 of the City Zoning Ordinance, at which fifty (50) or 26 more people are present. Further, no more than one hundred (100) total 27 people shall be present at the activity. No more than three (3) special 28 events permits shall be issued within a twelve (12) month period. 29 30 . . . . 31 THIS ORDINANCE SHALL BE EFFECTIVE ON NOVEMBER 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of October , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Convention and Visitors Bureau B. dy ' n Deputy ' Attorney CA14243/R-4/September 17, 2019 53 ITEM— VLK.2 ORDINANCES/RESOLUTIONS ITEM#69644 The following registered to speak: Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council ADOPTED Resolution to MOVE the November 5, 2019, Regular Meeting of the City Council to November 12, 2019 (Requested by 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 October 1, 2019 REQUESTED BY CITY COUNCIL 1 A RESOLUTION MOVING THE NOVEMBER 5, 2019 2 REGULAR MEETING OF THE CITY COUNCIL TO 3 NOVEMBER 12, 2019 4 5 WHEREAS, the City Code provides the regular formal meetings of City Council 6 shall be held in the Council Chambers of the City Hall Building on the first and third 7 Tuesdays of each month at 6:00 p.m.; and 8 9 WHEREAS, state law provides that a regular meeting of the City Council may be 10 scheduled for a day other than the usual day upon adoption of a resolution; and 11 12 WHEREAS, November 5th is the 2019 general and special elections; and 13 14 WHEREAS, the City Council does not want any citizen to have to choose between 15 exercising the right to vote and attending the City Council meeting. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, THAT: 19 20 1. The regular City Council meeting scheduled for November 5, 2019 is hereby 21 rescheduled for November 12, 2019. 22 2. The time and location for the City Council Formal Session shall remain at 6 p.m. 23 and City Council Chambers. 24 3. The City Clerk shall post a copy of this resolution on the door of the City Council 25 Chambers from the date of adoption until 6 p.m. on November 12, 2019, and 26 provide a notice as required by law. Adopted by the City Council of the City of Virginia Beach, Virginia, this 1st day of October 2019. APP ED AS TO LEGAL SUFFICIENCY: ney's Office CA14891 R-1 September 17, 2019 54 ITEM— VLK.3 ORDINANCES/RESOLUTIONS ITEM#69645 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Resolution to DECLARE November 15 — December 15, 2019, as Buy Local Month (Requested by Council Member Wooten) 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 October 1, 2019 REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION TO DECLARE NOVEMBER 15 — 2 DECEMBER 15, 2019 AS BUY LOCAL MONTH 3 4 WHEREAS, at its July 18, 2019 meeting the Hampton Roads Planning District 5 Commission (HRPDC) established November 15th— December 15 as Buy Local Month; 6 and 7 8 WHEREAS, the HRPDC circulated a draft proclamation for Buy Local Month, 9 which is attached hereto as Exhibit A; and 10 11 WHEREAS, the City Council supports local businesses that create jobs, boost the 12 local economy, and preserve our neighborhoods; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA, THAT: 16 17 The Council hereby declares November 15-December 15, 2019 as "Buy Local 18 Month," and it urges all citizens to join in this celebration and to buy local for the holidays 19 and throughout the year. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of October 2019. APPROVED AS TO LEGAL SUFFICIENCY: E+tq orney's Office CA14804 R-2 September 24, 2019 r WHEREAS; The Hampton Roads Planning District Commission is proud to join the region together in supporting and celebrating local-independent businesses and the impact they have on the region's culture, economy and character; and WHEREAS, by "Buying Local," Hampton Roads' residents embrace this unique, vibrant community and recognize that it's the one-of- a-kind businesses that keep us from becoming"Anywhere, USA" and encourage a strong sense of pride in place; and WHEREAS, by "Buying Local," Hampton Roads' residents create prosperity for all. The "multiplier effect" of locals choosing locals creates diverse job opportunities, protecting us from the effects of economic downturns; and WHEREAS, by "Buying Local," Hampton Roads' residents help to improve and protect the environment. The purchasing habits, central location and smaller footprint of local businesses often results in less pollution and congestion; and WHEREAS, by `Buying Local," Hampton Roads' residents keep money circulation in the local economy. For every $10o spent at a local-independent business, $45 goes back into the community,versus only $14 when spent at a national chain store; and WHEREAS, by "Buying Local," Hampton Roads' residents support a healthy and happy community. Studies show that those who live in communities where local-independent businesses are the norm are healthier — and thus happier; and WHEREAS, by acknowledging November 15 through December 15, 2019 as Buy Local Month, the Hampton Roads Panning District Commission supports our local businesses that create jobs, boost our local economy and preserve our neighborhoods. NOW, THEREFORE, I, , Commissioner, City/County of , do hereby proclaim November 15 — December 15, 2019 as "Buy Local Month," and urge all citizens to join in this celebration and to Buy Local for the holidays and throughout the year. 55 ITEM— VLK.4 ORDINANCES/RESOLUTIONS ITEM#69646 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to GRANT a Franchise Agreement to Virginia Beach Horseback, Inc. re allow guided horse riding tours on the beach 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 October 1, 2019 1 AN ORDINANCE GRANTING A FRANCHISE TO ALLOW 2 GUIDED HORSE RIDING TOURS ON THE BEACH 3 4 WHEREAS, City Council has granted multiple franchise agreements for guided 5 horse riding tours on the beach in the Resort Area during the non-summer months of 6 October through May; 7 8 WHEREAS, most recently in 2014, City Council approved the award of a one- 9 year franchise agreement, with the option of four one-year renewals, to Virginia Beach 10 Horseback, Inc. ("VBHI"); 11 12 WHEREAS, the VBHI franchise agreement expired in May 2019; 13 14 WHEREAS, the Resort Management Office determined that it would be 15 beneficial to the City to continue offering guided horse tours at the oceanfront, and the 16 City issued an invitation to bid on August 30, 2019; 17 18 WHEREAS, the City received one bid, which was from VBHI; 19 20 WHEREAS, the initial term of the proposed franchise is October 2, 2019 through 21 May 28, 2020; 22 23 WHEREAS, the franchise may be renewed for up to four one-year terms upon 24 the mutual written agreement of the City and VBHI; 25 26 WHEREAS, the annual franchise fee is two thousand six hundred dollars; and 27 28 WHEREAS, the Resort Management Office recommends that VBHI be granted a 29 franchise agreement for the term of October 2, 2019 through May 21, 2020, with the 30 option for four one-year renewals upon mutual written consent of the City and VBHI. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That the City Council hereby grants a franchise agreement to Virginia Beach 36 Horseback, Inc. for the period of October 2, 2019 through May 21 , 2019, with the option 37 for four one-year renewals, subject to the terms and conditions of the franchise 38 agreement and all applicable ordinances, resolutions, and regulations to allow guided 39 horse riding tours on the beach in the Resort Area, and authorizes the City Manager or 40 his designee to execute a franchise agreement with Virginia Beach Horseback, Inc. in a 41 form approved by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of October , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL: SUFFICIENCY icv. CVB/Resort Management Office City Attorney's Office CA14889 R-1 September 19,2019 56 ITEM— VLK.5 ORDINANCES/RESOLUTIONS ITEM#69647 The following registered to speak: Thomas Attridge, Applicant, 1819 Meeting Street, #220, Charleston, SC, Phone:202-748-3635, spoke in SUPPORT Ann Curtis Saunders, Bond Counsel, 1019 Ridge Top Road, Henrico, VA, spoke in SUPPORT Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED Resolution to AUTHORIZE the issuance of Development Authority Revenue Bonds re acquisition, construction, renovation, rehabilitation and equipping of the approximately 186-Unit The Commons at Princess Anne Multi-Family Housing Facility 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 October 1, 2019 1 RESOLUTION APPROVING THE ISSUANCE BY THE 2 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 3 OF ITS REVENUE BONDS FOR THE ACQUISITION, 4 CONSTRUCTION, RENOVATION, REHABILITATION AND 5 EQUIPPING OF THE APPROXIMATELY 186-UNIT THE 6 COMMONS AT PRINCESS ANNE MULTIFAMILY 7 HOUSING FACILITY LOCATED IN THE CITY OF 8 VIRGINIA BEACH, VIRGINIA 9 10 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is 11 authorized to advertise and hold public hearings relative to the issuance of private activity 12 bonds; 13 14 WHEREAS, the Authority (a) has considered the application of Standard 15 Commons Venture LP (the "Borrower"), requesting that the Authority issue its revenue 16 bonds (the "Bonds") in a maximum stated principal amount of $22,000,000 to assist the 17 Borrower or a party related to the Borrower in financing or refinancing a portion of(i) the 18 cost of acquiring, constructing, renovating, rehabilitating and equipping an existing, 19 affordable, senior-designated multifamily residential rental housing project consisting of 20 one three-story building of approximately 190,000 gross square feet containing 21 approximately 186 units to be known as The Commons at Princess Anne and including 22 a community room, a library and surface parking facilities (the "Project") located at 23 located at 4924 Princess Anne Road in the City of Virginia Beach, Virginia and expected 24 to be owned and used by the Borrower or a party related to the Borrower, (ii) the funding 25 of reserve funds as permitted by applicable law and (iii) the costs incurred in connection 26 with the issuance of the Bonds (collectively, the "Plan of Finance") and (b) has held a 27 public hearing in connection therewith on September 17, 2019 (the "Public Hearing"); 28 29 WHEREAS, the Project shall be established and maintained as a "qualified 30 residential rental project" within the meaning of Section 142(d) of the Internal Revenue 31 Code of 1986, as amended (the "Code"); 32 33 WHEREAS, Section 147(f) of the Code provides that the applicable elected 34 representatives of the governmental unit having jurisdiction over the issuer of private 35 activity bonds and over the area in which any facility financed with the proceeds of private 36 activity bonds is located must approve the issuance of such bonds; 37 38 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 39 Virginia (the "City") and the Project is located in the City; 40 41 WHEREAS, the Authority, as the issuing governmental unit with respect to the 42 Bonds, has no applicable elected representative, the City constitutes the next highest 43 governmental unit with such a representative, and the members of the City Council of 44 the City (the "Council") constitute the applicable elected representatives of the City; 45 WHEREAS, the Authority has recommended that the Council approve the 46 issuance of the Bonds; and 47 48 WHEREAS, a copy of the Authority's resolution approving the issuance of the 49 Bonds, a certificate of the Public Hearing, a summary of the statements expressed at the 50 Public Hearing and the fiscal impact statement concerning the Plan of Finance have 51 been filed with the Council. 52 53 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 54 OF VIRGINIA BEACH, VIRGINIA: 55 56 1. The Council approves the issuance of the Bonds by the Authority, in one or 57 more series at one time or from time to time, in an aggregate maximum stated principal 58 amount of$22,000,000 for the benefit of the Borrower or a party related to the Borrower, 59 as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia 60 of 1950, as amended to permit the Authority to assist in the financing of the Plan of 61 Finance. 62 63 2. The approval of the issuance of the Bonds does not constitute an endorsement 64 to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Finance 65 or the Borrower. 66 67 3. In accordance with Chapter 643 of the Acts of Assembly of 1964, as amended, 68 the Bonds shall not be deemed to constitute a debt or pledge of the faith and credit or 69 taxing power of the Commonwealth or any political subdivision thereof, including the 70 Authority and the City. 71 72 4. In adopting this resolution, the City, including its elected representatives, 73 officers, employees and agents, shall not be liable for, and hereby disclaim all liability 74 for, any damages to any person, direct or consequential, resulting from the Authority's 75 failure to issue the Bonds for any reason. 76 77 5. This resolution shall take effect immediately upon its adoption. 78 79 Adopted by the City Council of the City of Virginia Beach, Virginia on the 1st day 80 of October, 2019. APPROVED AS TO CONTENT: APPROVED AJ LEGAL SUFFICIENCY �. Economic Development City Attorney CA14670 \bgov.corn\dfs l\applications\citylaw\cycom32\wpdocs\d013\p034\00590775.docx R-1 September 19, 2019 57 ITEM— VLK.6 ORDINANCES/RESOLUTIONS ITEM#69648 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 and the 25'strip of land around Lake Joyce located the rear of 4321 Blackbeard Road re remove existing pier, construct and maintain proposed riprap revetment,timber pier and boat ramp and maintain the existing bulkhead and fencing 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 October 1, 2019 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO PORTIONS OF CITY 5 PROPERTY KNOWN AS LAKE JOYCE AND THE 25' 6 STRIP OF LAND AROUND LAKE JOYCE LOCATED 7 AT THE REAR OF 4321 BLACKBEARD ROAD 8 9 WHEREAS, Trevor J. Prouty and Brooke E. Prouty desire to remove the existing pier 10 and to construct and maintain proposed rip rap revetment, timber pier and boat ramp, and 11 to maintain the existing bulkhead and fencing, within the City's property known as Lake 12 Joyce and the 25' strip of land around Lake Joyce, located at the rear of 4321 Blackbeard 13 Road; and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 23 and 15.2-2107, Code of Virginia, 1950, as amended, Trevor J. Prouty and Brooke E. 24 Prouty, their assigns and successors in title are authorized to remove the existing pier and 25 to construct and maintain proposed rip rap revetment, timber pier and boat ramp, and to 26 maintain the existing bulkhead and fencing in the City's property known as Lake Joyce and 27 the 25' strip of land around Lake Joyce, as shown on the exhibit entitled: "EXHIBIT A 28 ENCROACHMENT DRAWING RIP RAP REVETMENT, BOAT RAMP &TIMBER PIER IN 29 LAKE JOYCE 01 AUG 18 FOR TREVOR PROUTY, 4321 BLACKBEARD RD, 23455 30 VIRGINIA BEACH GPIN: 14798813770000 MAP BOOK 227, PAGE 2", a copy of which is 31 attached hereto as Exhibit A and on file in the Department of Public Works and to which 32 reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the City 36 of Virginia Beach and Trevor J. Prouty and Brooke E. Prouty (the "Agreement"), an 37 unexecuted copy of which has been presented to the Council in its agenda, and will be 38 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 39 Beach; 40 41 BE IT FURTHER ORDAINED that the Agreement is limited to the authority provided 42 by §§ 15.2-2009 and 15.2-2107, and it does not provide a permit, variance, or other 43 approval of any feature displayed on the Agreement's Exhibit unless expressly authorized 44 herein; 1 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 46 hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 49 time as Trevor J. Prouty and Brooke E. Prouty and the City Manager or his authorized 50 designee execute the Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day of 53 October , 2019 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ORKS, REAL ESTATE A EY , SENIOR CITY ATTORNEY CA14422 `.'vbgov.comdfsl applications\citylaw\cycom32\wpdocs\d029\p029\00551977.doc R-1 PREPARED: September 18, 2019 2 'EXHIBIT A' rt.-TN, `f� ENCROACHMENT DRAWING G� RIP RAP REVETMENT, BOAT RAMP & TIMBER PIER IN LAKE 8/18/18 S JOYCE 0STEPHEN M. BLEVINS 01 AUG 18 ' . No. 265 41i:r FOR p TREVOR PROUTY, 4321 BLACKBEARD RD, 23455 StkfO1VALG VIRGINIA BEACH GPIN: 14798813770000 MAP BOOK 227, PAGE 2. LAKE JOYCE GPIN: 15708024380 000 LEGAL DESCRIPTION: BAYLAKE PINES SEC 1 BLK 1 LOT B OWNER: 0.9286 AC BY PLAT CITY OF VIRGINIA BEACH INSTRUMENT NUMBER: 20170327000249770 OHw @ •g �1. NEW RIP RAP REVETMENT 1715 S F SUBAQUEOUS ENCROACHMENT / ///% %�//////�%%%%%/ 71.111:IST. 234 SF NON-VEG WETLANDS ��%/ENCROACHMENT 9�, ..,,,,,.`-�'"'� °. ° V7i1 �, � F BULKHEAD 5x ONLAND _ PIER C• O 5'x 6' / I111111�""�'8 142 SF OVER C�`� ESO`�N�P -c\o� 25 FT STRIP 14' LAKE JOYCE �. '<��C CITY PROPERTY %// � TOTAL=172 SF apr. �� O�! / �O / N AC@��,,.m , __ w�firer r� � _ ZGJ ,P Q -sS PIER .....r.�. \ — ' (REMOVE) p.lAMP- W o� ��% :j1111 :1 04 r a0 N n B H. Walther Howard QHw V 4325 Blackbeard N EXISTING SHED cP, 03 Road 23455 Cli 102 GPIN: CO SF r LLI 14798815220000 OI- .. ,— Baylake Pines Sect O I CV \ BLK 1 Lot C 00 \ INSTRUMENT OO 71- aop NUMBER: 00 1 O 200504120053956 z Z O�i - - 69.18' ih Y Li S 42°00' 00" E 103.0' / S 44°28' OB" Hazel A Ball RLT Noel Faison �— 4319 Blackbeard Road 4317 Blackbeard Road CA 23455 23455 ci IA GPIN 14798805350000 GPIN: 14798823780000 = Baylake Pines Sec 1 Baylake Pines Sect O CDBLK 1 Lot 8 BLK 1 Lot A O C)1,C0 INSTRUMENT NUMBER: NO INSTRUMENT NUMBER O 20070912001246510 MAP BOOK 3429, PAGE 783 O 6 oCO U) Z SCALE: 1' = 40'-0" S 42°00' 03" E M IM 83.28' 0 10 50 Blackbeard Road 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 / day of , 2019 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipa corporation of the Commonwealth of Virginia, Grantor, "City", and Trevor J. PROUTY and Brooke E. PROUTY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot `B", as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 5, 6 & 7, BLOCK 1, SUBDIVISION NO. 1 OF BAYLAKE PINES (M.B. 31, PG. 53) VIRGINIA BEACH, VIRGINIA", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 227, at page 2, and being further designated, known, and described as 4321 Blackbeard Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to remove existing pier and to construct and maintain proposed rip rap revetment, timber pier, boat ramp and to maintain existing bulkhead and fencing, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438 (LAKE JOYCE) 25' WIDE STRIP (CITY OF VIRGINIA BEACH— NO GPIN ASSIGNED) GPIN: 1479-88-1377 (4321 BLACKBEARD ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property described as "25' STRIP" and "LAKE JOYCE" as shown on the aforesaid plat, 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 RIP RAP REVETMENT, BOAT RAMP & TIMBER PIER IN LAKE JOYCE 01 AUG 18 FOR TREVOR PROUTY, 4321 BLACKBEARD RD, 23455 VIRGINIA BEACH GPIN: 14798813770000 MAP BOOK 227, PAGE 2", 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 Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 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. 4 IN WITNESS WHEREOF, Trevor J. Prouty and Brooke E. Prouty, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , 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 , 201_, by , CITY CLERK / AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By e r outy, Owner By . Pro caner STATE OF CITY/COUNTY OF cam),t-cyc.- �J(. '\, to-wit: The foregoing instrument was acknowledged before me this 2 0 day of , 201a_ by Trevor J. Prouty. Kea Notaryublic RY PUBLIC REG #7739589 OF VIRGINIA LCOMMONWEALTHOMMISION EXPIRES MARCH 31,2021 Notary Registration Number: —I ?9 8q My Commission Expires: "I?1 )Ltzi STATE OF CITY/COUNTY OF \jic svN\e-` c--h, to-wit: The foregoing instrument was acknowledged before me this l G day of , 201 a by Brooke E. Prouty. ` ilJones UBLIIC Nota Public REG #7739589 COMMONWEALTH OF VIRGINIA MY COMMISION EXPIRES MARCH 31,2021 Notary Registration Number: —1-1 My Commission Expires: 63 r `3' )may-[ 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM IGNA E L . AR YER, CITY ATTORNEY sEnito DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 'EXHIBIT A' �THOF1.- ENCROACHMENT DRAWING 'C, RIP RAP REVETMENT, BOAT RAMP & TIMBER PIER IN LAKE 8/18/18 JOYCE C5 STEPHEN M.BLEVINS 01 AUG 18 ' . No. 265 FOR '�O Wa TREVOR PROUTY, 4321 BLACKBEARD RD, 23455 G VIRGINIA BEACH GPIN: 14798813770000 ZONAL MAP BOOK 227, PAGE 2. LAKE JOYCE GPIN: 15708024380 000 LEGAL DESCRIPTION: BAYLAKE PINES SEC 1 BLK 1 LOT B OWNER: 0.9286 AC BY PLAT CITY OF VIRGINIA BEACH INSTRUMENT NUMBER: 20170327000249770 pHW @ B H.-7 1 NEW RIP RAP REVETMENT ,,/1715 SF 234 SF NON-VEG WETLANDS ENCROACHMENTUEOUS / o • ° ENCROACHMENT O� �� O\ ° ° • ° EXIST. ,� % BULKHEAD °� ' H I �� Q, ,..» TREE CTyp. a° 64 ON�allo N E W ��r�:. U, ,I PIER ..a� , s ..��5c��0 5'x 6' ��ll(�i/��8' 142 SF OVER \IA\A �,,, gv\-� �3 �\O 25 FT STRIP °O LAKE JOYCE ° \Q -0' CITY PROPERTY . -- oes''' c2, ,-c S TOTAL=172 SF a�3.o a � N ,� SOP�� j F GOB . /V _ -EXIST. „,ate ZG.4 9 0�5 O e� a..eaA.a"�.. ... — PIER — 6 i �.��M� °t%/ _ (REMOVE) a \ � MP �1 ij�0i/ ,:!IOL \` ski g0 P�� 1,_ W a' ,N B SRO OP.' 0 / ., NG W/n1 B.H• Walther Howard � �� OH l� 4325 Blackbeard EXISTING SHED 1) Road 23455 co co 102 SF - 5 GPIN: LJJ 14798815220000 p - Baylake Pines Sec1 O CV BLK 1 Lot C ,O , co INSTRUMENT O 60 NUMBER: O El O' 200504120053956 (n Z OM 69.18' i 1 S 42°00' 00" E 103.0' ❑ / S 44°28' 00" F Hazel A Ball RLT Noel Faison r- 4319 Blackbeard Road 4317 Blackbeard Road O 23455 23455 O GPIN: 14798805350000 GPIN: 14798823780000 O 11J' Baylake Pines Sec 1 Baylake Pines Sect - O BLK 1 Lot 8 BLK 1 Lot A O p O INSTRUMENT NUMBER: NO INSTRUMENT NUMBER 0 — 20070912001246510 MAP BOOK 3429,PAGE 783 O oi O � I` oo U) Z ' SCALE: 1'= 40'-0" S 42°00' 0 " E M - 83.28' 0 10 50 Blackbeard Road -----„,xf-...,... L 3 0 r 1 .,., '''-lg : , te_ 4114,,,,,,..tt ' ea..-'' ''''.-'4 C'°.de.:'.'-'' ''-: , -'''S.'„,1., , S 7 _- •` r t ti -! ----,..'-1,N \" \-----\ _ // . ' ' - : i ---------_, ,'4-::-.?'3 \ :---Iiike i 1 r . / 4 ..:f, - ro ^ p§u ' In � o t its- Ia _ _ $ Z ' ` V 1 00 •Z f € 1 fy ' ,--,-.r:,,' / I - --''' \ ' r:1- c7- //I l \ Kill ', .' / ., ,,,,, , .,,,,, „... , ,, 1:- * .. , .. ,,. . ,, N. �,\, . + r .. . _i� � ' e- t i s //// .4,,,. ,_,-4i''''''''':'-ii--.'" f� ,-,,,,:!_,;:i / ''''‘V/1‘.,,,v,'-: ,,, .4,_,,.,:.• ' ,//// -' , ,. 4 4-=_ w_ i ISP - A---..„ \ $ / M:\ /11 `� _ a / �P l,y ` � .': _` � _ 0 SPY 58 ITEM— VLK 7 ORDINANCES/RESOLUTIONS ITEM#69649 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the United States Coast Guard for up to five (5)years for 36 +/-square foot portion of City property located on the Jetty on the North side of Rudee Inlet re lighting,power supply equipment and associated navigational aids 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 October 1, 2019 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR UP TO FIVE YEARS WITH 3 THE UNITED STATES COAST GUARD FOR A 36+/- 4 SQUARE FOOT PORTION OF CITY PROPERTY 5 LOCATED ON THE JETTY ON THE NORTH SIDE OF 6 RUDEE INLET 7 8 WHEREAS, the City of Virginia Beach (the "City")owns the jetty located on the north 9 side of Rudee Inlet; 10 11 WHEREAS, the United States Coast Guard (the "USCG")currently leases from the 12 City a portion of property located 25 feet from the breakwater and consisting of 13 approximately 36 square feet (the "Property"); 14 15 WHEREAS, the USCG installed and maintains the lighting, power supply equipment 16 and associated navigational aids for Rudee Inlet on the Property; 17 18 WHEREAS, the current lease expired on September 30, 2019 and the USCG 19 desires to enter into a supplemental lease agreement for up to an additional five years; and 20 21 WHEREAS, the Property would be used for navigational purposes and for no other 22 use. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager, or his designee, is hereby authorized to execute a lease 28 agreement with the United States Coast Guard, for approximately 36 square feet of 29 property located on the jetty on the north side of Rudee Inlet, so long as the terms and 30 conditions are in accordance with the Summary of Terms, attached hereto as Exhibit A, and 31 made a part hereof, and such other terms, conditions or modifications as may be 32 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day of 35 October , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (e/ IUGCa. (4/144147) Public Work / Facilities Management City Attorney CA14671 \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d01 7p032\00591244.doc R-1 September 17, 2019 EXHIBIT A SUMMARY OF TERMS LEASE FOR 36 SQUARE FEET OF CITY PROPERTY FOR NAVIGATIONAL AID PURPOSES LESSOR: City of Virginia Beach (the "City") LESSEE: United States Coast Guard (the "USCG") PREMISES: Approximately 36 square feet (6' x 6' area) of City-owned land located 25 feet from the breakwater on the jetty on the north side of Rudee Inlet TERM: October 1, 2019 through September 30, 2020, with four (4) additional one- year renewal options RENT: Rent shall be $1.00 per year. RIGHTS AND RESPONSIBILITIES OF USCG (LESSEE): • The USCG shall use the Premises for maintenance of the lighting, power supply equipment and related navigational aids and for no other purpose. Any unauthorized use of the Premises shall constitute a breach of the lease and cause its immediate termination. • To the extent permitted by law, the USCG assumes the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the USCG or its officers, invitees, employees and agents associated with the use of the Premises. RIGHTS AND RESPONSIBILITIES OF THE CITY (LESSOR): • The City assumes responsibility for the maintenance of the Premises and the means of ingress and egress during the lease term. • The City shall notify the USCG prior to the placement of any item onto the structure which holds the light tower and related navigational aids and associated equipment. TERMINATION: • The USCG may terminate the lease upon giving the City thirty (30) days' written notice. 59 ITEM— VLK8 ORDINANCES/RESOLUTIONS ITEM#69650 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $139,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to the FY 2019-20 Police Operating Budget re confidential informant awards, canines, rifle mounted lasers,light replacements and tactical 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 October 1, 2019 1 AN ORDINANCE TO APPROPRIATE $139,000 IN FUND 2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND CONFIDENTIAL INFORMANT 5 PAYMENTS 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $139,000 is hereby appropriated, with revenues increased accordingly, from the 11 Fund Balance of the Police Federal & State Seized Assets Special Revenue Fund to the 12 FY 2019-20 Police Department Operating Budget for confidential informant awards, 13 canines, rifle mounted lasers and light replacements and tactical training. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of October 2019. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget a Management ervices tt n 's Office CA14895 R-1 September 18, 2019 60 ITEM— VLK.9a ORDINANCES/RESOLUTIONS ITEM#69651 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $77,750 from the Department of Homeland Security to the FY 2019-20 Police Operating Budget and TRANSFER$25,917 within the FY 2019-20 Police Operating Budget to provide the required local grant match re marine patrol equipment 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 October 1, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2019- 3 20 POLICE DEPARTMENT OPERATING BUDGET FOR 4 MARINE PATROL EQUIPMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $77,750 is hereby accepted from the United States Department of Homeland 10 Security and appropriated, with federal revenues increased accordingly,to the FY 2019-20 11 Operating Budget of the Police Department for the purchase of personal flotation 12 equipment, forward looking infrared radar imaging systems, and marine patrol vessel 13 electronic package upgrades; 14 15 2. $25,917 is hereby transferred within the FY 2019-20 Police Department 16 Operating Budget to provide the required local grant match; 17 18 3. The equipment purchased with these grant funds is not guaranteed to be 19 replaced by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of October 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: M� .... r ,, udget and Management Services City Att ey's Office CA14894 R-1 September 18, 2019 61 ITEM— VI.K.9b ORDINANCES/RESOLUTIONS ITEM#69652 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $98,619 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY 2019-20 Human Services Operating Budget; AUTHORIZE one (1)full-time position and CONVERT one(1)part-time position to a full-time position re STEP-VA Primary Care Screenings Services Program 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 October 1, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR PRIMARY CARE SCREENINGS AND TO AUTHORIZE 3 ONE FULL-TIME POSITION, AND CONVERT A PART-TIME 4 POSITION TO FULL-TIME 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $98,619 in additional funds from the Virginia Department of Behavioral 10 Health and Developmental Services is hereby accepted and appropriated, with revenue 11 from the Commonwealth increased accordingly, to the FY 2019-2020 Department of 12 Human Services Operating Budget for the STEP-VA Primary Care Screenings Program; 13 14 2. One full-time position is hereby authorized and created in the Department 15 of Human Services' Fiscal Year 2019-2020 Operating Budget; 16 17 3. One part-time position in the Department of Human Services' Fiscal Year 18 2019-2020 Operating Budget is hereby converted to a full-time position. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of October 2019. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorn 's Office CA14892 R-1 September 18, 2019 62 ITEM— VI.K.9c ORDINANCES/RESOLUTIONS ITEM#69653 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $195,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to FY 2019-20 Human Services Operating Budget and AUTHORIZE two (2)full-time positions re STEP-VA Outpatient Behavioral Health Services Program Voting: 11-1 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 October 1, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR OUTPATIENT BEHAVIORAL HEALTH SERVICES AND 3 TO ESTABLISH TWO FULL-TIME POSITIONS 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $195,000 from the Virginia Department of Behavioral Health and 9 Developmental Services is hereby accepted and appropriated, with revenue from the 10 Commonwealth increased accordingly, to the FY 2019-2020 Department of Human 11 Services Operating Budget for the STEP-VA Outpatient Behavioral Health Services 112 3 Program; 14 2. Two full-time positions are hereby authorized and created in the Department 15 of Human Services' Fiscal Year 2019-2020 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of October 2019. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c �� (ILL X6 `Budget and Management Services 1 y At ey's Office CA14893 R-1 September 18, 2019 63 ITEM— VLK9d ORDINANCES/RESOLUTIONS ITEM#69654 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: d. $226,821.41 in developer contribution from Renaissance Apts. I, L.P. to CIP#2-025 Witchduck Road Phase II re construction of required improvements 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 October 1, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DEVELOPER CONTRIBUTION TO CAPITAL PROJECT # 2- 3 025, "WITCHDUCK ROAD PHASE II" 4 5 WHEREAS, Renaissance Apts. I, L.P. desires to contribute funds to the City of 6 Virginia Beach towards the development and construction of a turn lane into property 7 owned by Renaissance Apts. I, L.P. at 273 North Witchduck Road and towards water and 8 sewer connections to said property; 9 10 WHEREAS, the City of Virginia Beach is presently constructing roadway 11 improvements adjacent to the aforementioned property as part of the adopted FY 2019- 12 2020 City of Virginia Beach Capital Improvement Program via CIP Project # 2-025, 13 "Witchduck Road Phase II; and 14 15 WHEREAS, the Renaissance Apts. I, L.P. has contractually committed to providing 16 $226,821 .41 to the City for construction of required improvements. 17 18 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA THAT: 20 21 1 . $226,821.41 in developer contribution is hereby accepted from 22 Renaissance Apts. I, L.P., and appropriated, with developer contributions increased 23 accordingly, to CIP # 2-025, "Witchduck Road Phase II." 24 25 2. Project Expenditures and Scope for CIP # 2-025, "Witchduck Road Phase 26 II," is hereby amended to include the turn lane and necessary public utility improvements 27 provided such improvements do not exceed $226,821.41. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of October 2019. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services i y Atto ey's O ice CA14890 R-1 September 16, 2019 64 ITEM—VI-L.1 PLANNING ITEM#69655 The following registered to speak: Eddie Bourdon,Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Moss, City Council APPROVED, Application of PETER COLEMAN&JOANSHEPHARD for a Street Closure re one-half of unimproved unnamed alley adjacent to 709 Vanderbilt Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PETER COLEMAN& JOAN SHEPHARD fora Street Closure re one- half of unimproved unnamed alley adjacent to 709 Vanderbilt Avenue (GPIN 2426384394)DISTRICT 6—BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication ofa public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval,said approval shall be considered null and void. 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 IS`day of October Two Thousand Nineteen. October 1, 2019 65 ITEM—VI-L.I PLANNING ITEM#69655 (Continued) 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 October 1, 2019 1 ORDINANCE APPROVING APPLICATION OF 2 PETER COLEMAN AND JOAN SHEPHERD FOR 3 THE CLOSURE OF ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY ADJACENT 5 TO THE REAR OF 709 VANDERBILT AVENUE 6 IN CROATAN 7 8 WHEREAS, Peter Coleman and Joan Shepherd (the "Applicants") applied to the 9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 13 be discontinued, closed, and vacated, subject to certain conditions having been met on 14 or before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way be discontinued, closed 22 and vacated, subject to certain conditions being met on or before one (1) year from City 23 Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF PROPOSED STREET CLOSURE 28 (375 SQ. FT. OR 0.009 ACRES)", shown as the hatched area 29 on that certain exhibit plat entitled: "STREET CLOSURE 30 EXHIBIT OF THE EASTERN 7.5 FEET OF 15' ALLEY (A 31 PUBLIC R/W) LOT 18; BLOCK 16 CROATAN BEACH (M.B. 32 24, PG. 37) VIRGINIA BEACH, VIRGINIA", dated March 29, 33 2019, prepared by WPL, a copy of which is attached hereto 34 as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 Pursuant to Street Closures," approved by City Council. It has been determined that the 45 purchase price to be paid to the City shall be $3,000, which is consistent with similar 46 street closures in this area. 47 48 No GPIN (Public Right-of-Way) 49 (Adjacent GPIN:2426-38-4394) 50 2. The Applicants shall resubdivide the property and vacate internal lot lines 51 to incorporate the Right-of-Way into the adjoining parcel. The resubdivision plat must 52 be submitted and approved for recordation prior to final street closure approval. Said 53 plat must include the dedication of a public drainage easement over the Right-of-Way to 54 the City of Virginia Beach, subject to the approval of the Department of Public Works 55 and the City Attorney's office, which easement shall include a right of reasonable 56 ingress and egress. 57 58 3. The Applicants shall verify that no private utilities exist within the Right-of- 59 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 60 company must be provided. 61 62 4. Closure of the Right-of-Way shall be contingent upon compliance with the 63 above stated conditions within 365 days of approval by City Council. If the conditions 64 noted above are not accomplished and the final plat is not approved within one year of 65 the City Council approval, said approval shall be considered null and void. 66 67 SECTION III 68 69 1. If the preceding conditions are not fulfilled on or before September 30, 70 2020, this Ordinance will be deemed null and void without further action by the City 71 Council. 72 73 2. If all conditions are met on or before September 30, 2020, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if 78 any, that may be requested to convey such interest, provided said documents are 79 approved by the City Attorney's Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH as "Grantor" and PETER COLEMAN and JOAN SHEPHERD, 86 collectively as "Grantee". 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1st day 89 of October , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning partment City Attorne CA14654 vbgo,.comldfsl applications\citylaw\cycom32\wpdocs\d013\p034\00590813.doc R-1 September 18, 2019 EXHIBIT A 794241/11 ?i' � I LOT 8 LOT 7 (M.B. 24, PG. 37) LOT aA (M.B. 24, PG. 37) GPIN: 2426-38-3391 . (I.N. 20120418000421890) GPIN: 2426-38-4217 GPIN: 2426-38-3387 48' WOOD FENCE 46' VINYL FENCE !6' ALLEY N 04'14'15' W 50' tea 24, pa .37) ' / h,` , >..r err ., N 04'14'15"W 50' 14. 72' M10OD FENCE AREA OP PROPOSED STREET CLOSURE BLOCK (375 SO. F7". OR 0.009 ACRES) . 1Q h h UN17 LOT V LOT 19 (M.B. 24, PC. 37) OP/N: 2426-38-4394 (M.B. 24, PG. 37) GPIN: 2426-38-5239 GPIN: 2426-38-4378 LTH op P ke ...0. $ i. MS r s ma to •- `� 10 SHOW 1!E N1EA OF PROPOSE): PROPO main-OF-NAY -�RIC . NER CLOSURE AND INDEPENDENT LW. ,� OF THE ASSOCIATED . 2904 AND e 03/29/2019 d)* L E7 RECORD DOCUMENFM AMY GENERALSLTR y Z 2. A TITLE REPORT WAS NOT BEEN PROVIDED FOR This PROPERTY. WO' 7OP.l ----: IMAM AVENUE A— (ALB. 24, PC,. 37) S 0414 11 E VANDERBIL T R AVE �� (MA 24, PG 37) STREET CLOSURE IIMB1T -_ J OF ilk 1‘ ,,t nip MATZEN i ALLEY AA PUBLIC FEET OF LOT18 BLOCE16 CROATAN 'BEACH O ra . (M3. 24. PG. 37) VIRGINIA BEACH, VIRGINIA SHUT t or t Vx SCAM.; 111a20' MARCH O. 10019 CID/olds 3101/sag arr of =GNL i&ca. 711 I W.B.1003 PG.10 I PINT:c-54 1313:8t9-oo3e 66 ITEM—VI-L.2 PLANNING ITEM#69656 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council, APPROVED, MODIFIED CONDITIONS, BY CONSENT, Application of ROBERT & JANET KOTTKE for a Modification of Conditions re preschool/day-care facility at 2660 West Neck Road(Approved July 3, 2001) DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ROBERT & JANET KOTTKE for a Modification of Conditions re preschool/day-care facility at 2660 West Neck Road (Approved July 3, 2001) (GPIN 1494801200)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: All conditions of the July 3, 2001, Conditional Use Permit shall be deleted and replaced with the following conditions listed below: 1. There shall be no more than 140 students in the facility at any one time; however, the ultimate occupancy, which cannot exceed 140 students, shall be subject to the approval of the Building Official's Office. 2. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 3. The applicant shall obtain all the necessary permits, inspections, and approvals from the Department of Social Services, the Fire Department, and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 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 1S`day of October 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 October 1, 2019 09 ! " . t1 / _�V ' Tt� o (0/)� CNI Q' 1 ��!! r O N N � `- .� • • _.,-A N II \\, N (471,_-__ _ _,, , ,.. ..,,,,. 4.... ,. cn D . 0 .0 cio 0 ,„ w CNA .. • .., ..) „,,,... . , \. • ., . ...,, „.„,..,_ ..,„=......., y� ,......„.. _.k._.. , -7----,----- - _.. . _ , Nttla . --' -'1;'- f I k 1 r f\-1-/\/--, co \ 0 . ...- r i N Enct c cm N p � , mto N,.", . 14 O a _ - op 67 ITEM—VI-L.3 PLANNING ITEM#69657 The following registered to speak: Stephen Romine, Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Andrew Jackson, 153 Upperville Road, Phone: 490-9190, spoke in SUPPORT Upon motion by Council Member Jones, seconded by Council Member Moss, City Council,APPROVED MODIFIED CONDITIONS, Application of CHESAPEAKE BAY FOUNDATION, INC. for a Modification of Conditions re environmental education center at 3663 Marlin Bay Drive (Approved December 11, 2012)DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHESAPEAKE BAY FOUNDATION, INC. for a Modification of Conditions re environmental education center at 3663 Marlin Bay Drive (Approved December 11, 2012) (GPIN 1489573361) DISTRICT 4 — BAYSIDE The following conditions shall be required: All conditions of the December 11, 2012, Conditional Use Permit for Environmental Education Center and two Wind Energy Conversion Systems shall remain in effect except Condition 1 shall be modified and a new condition, Condition 15, as indicated below, shall be added. 1. When the property is developed, it shall be in substantial conformance with the exhibit entitled, "Conditional Use Permit Site Plan exhibit, Chesapeake Bay Foundation LEARNING CENTER, " dated July 9, 2019, prepared by the Tymoff+ Moss Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Planning&Community Development Department. 15. The elevation of the proposed building addition, off the eastern end of the existing building, shall be in substantial conformance with the exhibit entitled, "CHESAPEAKE BAY FOUNDATION CLASSROOM ADDITION,"dated July 7, 2019,prepared by the Tymoff+Moss Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Planning& Community Development Department. 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 Ist day of October 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 October 1, 2019 / I ./- w Q) a) u_ o 0 Vi; C) o W N. ce10 Q a (V O 0 �, s • . o am' -N. ., . r .._..., .. u / / c 7.,,,li a ei, ,/ c ' ID-, , 1 , 1 :1 i \v. ‘\0\\I\ N co =El ig.,\\.\\..1/4' 7\111:.\\\,,,..‘ .6: , . , . c >, LL t., CZ CD co r ` Ct- M • -. - V ‘ C) ..,-\\:, V \Ie. ,i ..- " • _ , 4 \ .. -- „ 7 ti o 15 . ko ..)'_ \ . :... . , .,.._...A / �� - s. J C Y L 68 ITEM—VI-L.4 PLANNING ITEM#69658 The following registered to speak: Randy Royal,Agent for Applicant, spoke in SUPPORT Lewis Shadle,Applicant, 715 Arbor Court, Warrenton, VA, Phone: 202-820-0038 spoke in SUPPORT David Pyzewski, 1308 Eaglewood Drive, Phone: 603-9122, spoke in OPPOSITION Stephen Johnston, 2316 Enchanted Forrest, Phone: 468-1474, requested stricter lighting conditions Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council APPROVED, AS PROFFERED, Application of VIRGINIA BEACH DIGIPORTS, LLC/TAYLOR FARMS LAND COMPANY, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to Conditional I-1 Light Industrial) re data center and mechanical yard at 2097 Harpers Road DISTRICT 6 —BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH DIGIPORTS, LLC / TAYLOR FARMS LAND COMPANY,LLC for a Conditional Change of Zoning from AG-1 &AG- 2 Agricultural Districts to Conditional I-1 Light Industrial)re data center and mechanical yard at 2097 Harpers Road (GPIN 2405665160) DISTRICT 6—BEACH 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 1s`day of October 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 October 1, 2019 I Li ).tom ."�y .n ;� t! •'X i S .. 1/1��- �,. �M „',�j �. 1. I 4 l ��' i _ -Rya :V y }9 '* Q * "' .„.;a•i --Toi'... ' -1,, \ rTltiiki \ ww� '' O } -- r- 1 o 16 , (DI 4c.\Ni -,...___ 11 Mu N''". *- ''''' r ,E ,,, it` V�' .d CIDo _ ' i 'r,"ZI ..' cNi \it . ,,,,..., , i cl'' ' 7 4c- \ , .I. ...,Fts, , Inn a.. .4 4/1/ Ct. c) co ----- \\*\ , ' , \ . ..,.. .. 0 \\,1,,, ,,zias, 0. 141111.1 Il _ .,,.....„,„.\\.. ,.... , , e . et, v/ NI _ . 9 Ni Ne 1 IX ,, /slip,- I AI!, 1) I Ckr IIII. ID 0: , , '/' /*It' N. ,.e. 0 cm .-, c N 0 ti ,7 (1) c 4 o rn vj 1/ 1 I' c ate * f J U) N CO Y _ AO 0 ,tu'.BF,gc 4,., rO4 i 4 ? CITY OF VIRGINIA BEACH =` ,_ INTER-OFFICE CORRESPONDENCE i q�S - � 04' OF OUR NP-00NS In Reply Refer To Our File No. DF-10160 DATE: September 20, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Virginia Beach Digiports, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 1, 2019. I have reviewed the subject proffer agreement, dated July 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 Prepared by: Grady A. Palmer, Esquire (VSB#45730) Williams Mullen 999 Waterside Dr., Ste. 1700 Norfolk, VA 23510 Title Company: BridgeTrust Title Group GPIN: 24056651600000 VIRGINIA BEACH DIGIPORTS, LLC, a Virginia limited liability company, TAYLOR FARMS LAND COMPANY, LLC, 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 I day of Jiik. 2019, by and between VIRGINIA BEACH DIGIPORTS, LLC, a Virginia limited liability company, Grantor; TAYLOR FARMS LAND COMPANY, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of one (1) parcel of property located in the Beach District of the City of Virginia Beach, containing a total of approximately 19.38 acres, designated as Lot 1 on the exhibit which is entitled "REZONING EXHIBIT FOR PROPOSED LOT 1 ON A PORTION OF PARCEL"A"AT TAYLOR FARM"dated July 10, 2019, prepared by Kimley- Horn and Associates and attached hereto and incorporated herein by this reference is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from AG1 and AG2 Agricultural Districts to Conditional 11 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at 1 the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with 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, in addition to the regulations provided for in the 11 Light Industrial District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, 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 Grantors, their successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be substantially in accordance with the exhibit entitled "CONCEPTUAL SITE PLAN FOR DATA CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD, VIRGINIA BEACH, VA" dated July 10, 2019 and prepared by Kimley-Horn and Associates. 2. The exterior of the data center building shall substantially adhere in appearance and materials to the exhibit entitled "RENDERING OF NXTVN DATA CENTER AT TAYLOR FARM" dated July 10, 2019 and prepared by Kimley-Horn and Associates. 3. The 110' right-of-way proposed on the "CONCEPTUAL SITE PLAN FOR A DATA CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD, VIRGINIA BEACH, VA" dated July 10, 2019 prepared by Kimley-Horn and Associates will be dedicated to the City of Virginia Beach once the construction plans are approved by City staff and a performance bond is properly posted for the improvements. 2 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG 1, AG2 and I1 Districts 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 Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as 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 Grantors covenant and agree 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; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 (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 Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Virginia Beach DigiPorts, LLC, a Virginia limited liability company By: "t—' d f2° (SEAL) Lewi E. hadle Its Manager Commonwealth of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this I1*day of I t d q 2019, by Lewis E. Shadle, Manager of Virginia Beach DigiPorts, LLC, a Virginia limited liability company, Grantor. Notary Public \‘ PN Y FRgN�I�� My Commission Expires: 0 113 i 1 2 -u :� NOTARY 2; Notary Registration Number: F7 �� l05 i • PUBLIC • :7: : REG. #7826519 .Q = p MY COMMISSION; EXPIRES 01/31/2023 . O �. FALTH aF��; I,lllll� � 5 WITNESS the following signature and seal: Grantor: Taylor Farms Land Company, LLC, a Virginia limited liability company (Cf.ot,..AQ a(24tift,..)--e, (SEAL) Linda T. happell Manager Commonwealth of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this i day of 31dt , 2019, by Linda T. Chappell, Manager of Taylor Farms Land Company, LLC, a Virginia limited liability company, Grantor. (_ It:0 '11 I . L. 1-4_ 4 • Yi Notary Public My Commission Expires: Z/244/2OZ3 Notary Registration Number: #13?54CZ- Coffintonweillh d tldletible Caravailolla TWIN Ih()maim Wu Vartel3 6 EXHIBIT "A" ALL THAT certain piece or parcel of land situated in the City of Virginia Beach, Virginia, and known, numbered and designated as Parcel A, as shown on the plat entitled RESUBDIVISION OF THE "TAYLOR FARM" (Instrument No. 20081009001183700), Virginia Beach, Virginia, dated July 24, 2009, prepared by MSA, P.C., Environmental Sciences-Geosciences-Planning Surveying-Engineering-Landscape Architecture, which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20091023001239560. IT BEING the same property conveyed to Taylor Farms Land Company, LLC, a Virginia limited liability company by Deed of Distribution from The Taylor Group, LLLP, a Virginia limited liability limited partnership, dated October 29, 2009 and recorded November 16, 2009 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20091116001319430. WHICH BEING A PORTION OF TAYLOR FARM PARCEL A IS DESIGNATED AS HAVING APPROXIMATELY "19.38 AC. +/-" IN SIZE AND IDENTIFIED AS "LOT 1"AS SHOWN ON THAT CERTAIN EXHIBIT ENTITLED REZONING EXHIBIT FOR PROPOSED LOT 1 ON A PORTION OF PARCEL "A" at TAYLOR FARM, DATED JULY 10, 2019, WHICH WAS PREPARED BY KIMLEY-HORN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT AT THE NORTHEASTERLY INTERSECTION OF DAM NECK ROAD (VARIABLE WIDTH RIGHT-OF-WAY) AND THE SOUTHEASTERLY RIGHT OF WAY LINE OF HARPERS ROAD (VARIABLE WIDTH RIGHT OF WAY) THENCE FOLLOWING THE NORTHERN RIGHT OF WAY LINE OF DAM NECK ROAD IN A NORTHEASTERLY DIRECTION A DISTANCE OF APPROXIMATELY 1,670 FEET TO A POINT BEING THE; TRUE POINT OF BEGINNING; THENCE; N 50° 18' 20" W, a distance of 21.20 feet along the right of way of Dam Neck Road to a point; THENCE; S 84° 41' 40" W, a distance of 90.00 feet along the right of way of Dam Neck Road to a point; THENCE; S 39° 41' 40"W, a distance of 7.07 feet along the right of way of Dam Neck Road to a point THENCE; leaving the right of way of Dam Neck Road along a bearing of N 05° 16' 59" W, a distance of 146.13 feet to a point at the beginning of a tangent curve to the left having a central angle of 29° 05' 31", a radius of 945.00 feet, a chord bearing and distance of N 19° 49' 44" W, 474.69 feet; THENCE in a Northerly direction, with said curve to the left, an arc distance of 479.82 feet to a point; THENCE N 34° 22' 29" W, a distance of 366.76 feet to a point for corner; THENCE S 15° 28' 41"W, a distance of 76.28 feet to a point; THENCE S 84° 41' 40" W, a distance of 692.28 feet to a point; THENCE N 58° 01' 28" W, a distance of 461.11 feet to a point; THENCE N 32° 02' 01" E, a distance of 322.84 feet to a point at the beginning of a tangent curve to the right having a central angle of 01° 09' 47", a radius of 9838.07 feet, a chord bearing and distance of N 32° 36' 45" E, 199.69 feet; THENCE in a Northerly direction, with said curve to the right, an arc distance of 199.69 feet to a point; THENCE N 33° 11' 34" E, a distance of 391.59 feet to a point; THENCE S 57° 58' 00" E, a distance of 726.94 feet to a point; THENCE S 32° 02' 00"W, a distance of 300.00 feet to a point; THENCE S 57° 58' 00" E, a distance of 70.55 feet to a point at the beginning of a nontangent curve to the right having a central angle of 143° 24' 58", a radius of 90.00 feet, a chord bearing and distance of S 63° 52' 39" E, 170.90 feet; THENCE in a Southerly direction, with said curve to the right, an arc distance of 225.28 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 42° 12'20", a radius of 45.00 feet, a chord bearing and distance of S 13° 16' 20" E, 32.40 feet; THENCE in a direction, with said curve to the left, an arc distance of 33.15 feet to a point for corner; THENCE S 34° 22' 29" E, a distance of 403.13 feet to a point at the beginning of a tangent curve to the right having a central angle of 29° 05' 31", a radius of 1055.00 feet, a chord bearing and distance of S 19° 49' 7 44" E, 529.94 feet; THENCE in a Easterly direction with said curve to the right, an arc distance of 535.68 feet, THENCE S 05°16' 59" E, a distance of 156.08 feet to the POINT OF BEGINNING. 8 69 ITEM—VI-L.5 PLANNING ITEM#69659 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council, APPROVED,AS CONDITIONED, BY CONSENT, Application of SHENELL LATHAM / DONG JO KIM for a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 106 DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SHENELL LATHAM/DONG JO KIM for a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 106 (GPIN 1478511874)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 4. The hours of operation shall be limited to between 6:00 p.m. to 12:00 a.m., Monday through Fridays, Noon to 12:00 a.m. on Saturdays, and from 2:00 p.m. to 12:00 a.m. on Sundays. 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 1 s`day of October 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 October 1, 2019 Csi 1 n oa a��a �_ Auadar- I -- N _---- ` -- 1 Fa kk\ ,) , f - w ii ti +!. \ ) �1 W O j ,,... A, „ (..) i co _�N ```` :': - .e CO (13 %tom co to CC40) .„, .\\:‘ I\ o to s ‘,‘ s \\ cNIN \ 1 ,, '‘ \ 0., cp w . 03 N\i ' \-- Ii d \ \ \., \--7-1)-1---' 'et ' - �,: A t . To __csi,__-------,- \i„, ,,n. 1 > t co _ _ m N i_ 7 r O t - a cu o O 1 - C O _,:\ tI a ' I __ cn te N d m a IQ , s [IOU 1 70 ITEM—VI-L.6 PLANNING ITEM#69660 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED,AS CONDITIONED,AS REVISED, BY CONSENT,Application of MICHAEL CARLSON/WILLIAM D. FRIERSON, III for a Conditional Use Permit re automotive repair garage at 1181 Jensen Drive DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MICHAEL CARLSON / WILLIAM D. FRIERSON, III for a Conditional Use Permit re automotive repair garage at 1181 Jensen Drive (GPIN 2417434300)DISTRICT 6—BEACH The following conditions shall be required: 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 signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 4. There shall be no portable or nonstructural signs or electronic display signs on the site. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the property. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no parking or storage of motor vehicles in the grassy area on the western side of the building. 7. There shall be no outside storage of equipment,parts, tires or materials. 8. No motor vehicle repair work shall take place outside of the building. 9. No motor vehicles shall be parked within any portion of the public right-of-way. Parking of motor vehicles associated with this Conditional Use Permit shall be limited to the spaces designated for 1181 Jensen Drive. No motor vehicles shall be parked within any portion of the public right-of- way or on the private street Jensen Drive. 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 1S`day of October Two Thousand Nineteen. October 1, 2019 71 ITEM—VI-L.6 PLANNING ITEM#69660 (Continued) 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 October 1, 2019 ....00, it . AP %, ( 'i.>le N V,- ,. . , * v .70\7 Q,----4> IN. . •A...,) .,..,--- _ D Hy . ) _.... e . u ,' `. pp peoei Noe upli8 , r ,i i a� CN CN i IL1 N SI\ II ,i r...1-: e _____CC,3 / LI iL1*__ T1 . ,....]r 7 ' §\41:, kt II / ; ---, '•%:,s, ,s,s7,,,Ni ::, \ME V" N 1 i11' k\1 ' - .-:•:- . o 0 I ‘; L 1/4 t _ U d � -ot\t‘. ca d is4\111441 ._..\14:1111,,S .141siSsz\LI ,\,.. __ _ , \,\\\ \:\ss.' _ i__:,,,---,-'--, ,.._---li,-, _1. -4k. N - — ,-,.. \\%,... ‘. -.1...\:\>\, \ i , e- \ 4‘` N limn . '°k 4\ ir ------,,,-.V4z ..'-I-... ''N,,,, _N\ I( 1 .\.'\'SktS ''' \\*.k,\\411 - N' N . .. -...7 _ 1 cis.-r--, 0 r J Q) t C \N a 0 0 72 ITEM—VI-L.7 PLANNING ITEM#69661 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council, APPROVED,AS CONDITIONED, BY CONSENT, Application of CHRISTINA MARCHIONE /BRUCE & SUSAN WHITAKER for a Conditional Use Permit re automotive repair garage at 2601 Production Road, Unit 102 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHRISTINA MARCHIONE/BRUCE & SUSAN WHITAKER for a Conditional Use Permit re automotive repair garage at 2601 Production Road, Unit 102 (GPIN 1496884067)DISTRICT 6—BEACH The following conditions shall be required: 1. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 2. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 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 on the property. All such vehicles shall only be permitted to be stored within the building. 5. There shall be no outside storage of equipment,parts, tires, or materials. 6. No motor vehicles shall be parked within any portion of the public right-of-way. 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 1st day of October 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 October 1, 2019 ..___ 3... I A -1 -----\ °C-1---------- C 1 ..... 1 (Jo , IQ o) u_ 0 to \ \ ......,.... ..._ „..-- _.------- i , 00-c 0 0 „----7 -,/ 1 ,.._,e9 C ill NIP , II II ?I i —I\ i I IL CNI t _ NNN 0.1 = c D ' 0 0 ...... writ lio.N:140,1%6 1111.1,11011.1. 1 INC (445'.° C.) ...,_ 1 L._ 0 sr- co it 1 ! ...... 2 c cz 0 c ...... ._ 0 „ \ 0 m ..... v 1 ger 0 1 IMMO 1 L. 0 0.. ' r—'"-------- --- ' 73 .1— as 0 I c 0 ....._ \ 74) ct. 4,) E--------1 0 1 ----- ............----------" 1 —1 I I N i El 0) c c 1, J (__ 1 D (J) a. CO — I I I 00 Ili , , _ _ , ------\ L_____— i I — 7 — I 73 ITEM—VI-L.8 PLANNING ITEM#69662 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED,AS CONDITIONED, BY CONSENT, Application of MONICA YVONNE LANCASTER for a Conditional Use Permit re family day-care home at 1505 Colebrook Drive DISTRICT 1 —CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MONICA YVONNE LANCASTER for a Conditional Use Permit re family day-care home at 1505 Colebrook Drive (GPIN 1465269585) DISTRICT 1 —CENTERVILLE The following conditions shall be required: 1. The Family Day-Care Home shall provide care for no more than twelve (12) children at any one time, excluding the provider's own children and those who reside in the home. 2. The Family Day-Care Home shall have no more than one additional employee/volunteer, who does not reside in the home, on the premises at any time. 3. The applicant/owner shall maintain a six (6)foot privacy fence around the perimeter of the rear yard for the duration of the use. 4. This Conditional Use Permit is limited to the applicant only. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. There shall be only one Home Occupation, the Family Care-Day Home, operating on the property associated with this Conditional Use Permit. 7. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the residence. 8. Prior to operation of the proposed use, the applicant shall obtain all necessary permits and inspections from the City of Virginia Beach and obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 9. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 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 1st day of October 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 October 1, 2019 -`- N `, - N: A 3 ,../.. ----,t,-,-/ ? N 1 , F '" y 57\>,... a `-.ter �. i r',7-0 ( 7 , 440 in c ---- ,/ u, ./N7 ---„,. ...„\ .,/-\\- K <" , I 0- . < -t,,,,,;,' / f s. C�4 '£ H 4 cu 0 >> o› toco in a° ; � r .C. tOo�°N` 4s`4,r 9 ` �. � �; �,. aj a _ _ : / CI co Lcn N a m i 74 ITEM—VI-L.9 PLANNING ITEM#69663 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of T& S LAWN & LANDSCAPING, LLC for a Conditional Use Permit re bulk storage yard at 400 Davis Street DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA T& S LAWN& LANDSCAPING,LLC for a Conditional Use Permit re bulk storage yard at 400 Davis Street (GPIN 1467483476) DISTRICT 2 —KEMPSVILLE The following conditions shall be required: 1. Category VI landscape screening, as described in the Virginia Beach Landscaping Guide, shall be installed and maintained around the perimeter of the Bulk Storage Yard as depicted on the exhibit entitled "Staff Recommended Site Layout,"which has been exhibited to the City Council and is on file in the Planning Department along the northern and western boundaries of the Bulk Storage Yard. A new solid six-foot fence shall be installed and maintained along the eastern and southern boundaries of the Bulk Storage Yard. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises;said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 3. Storage containers shall not be stacked. 4. The bulk storage of materials on site shall not exceed ten (10)feet in height, must be located in the storage area depicted on the plan, and not be located past the front of the building towards Davis Street. 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 l'day of October 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 October 1, 2019 1.7 'I( y _ / ri � ite}7------,„..., fQ;derive '.4 eX --� --- , 111 1`-�,, , . - \ .11 1 I .t. \ skt, - -- -- i )il i 'ci �.,,�..IJ N S 4 • CO j uj 1` N f` off I7> • O / h 0 .''' / N J ; � le .Q � �, N. a t- • '----.. ,s‘ Nl .,...... / r Co pcv }° CV illr----.,_ ..r` off L _ 1 4 r/ .• r. r� j f, i, co - ! f L it eta � J !If / c o cu J �, "`�,; C i / Y :44,944:,/ t, :4 I A CD r� m 75 ITEM VI-M. APPOINTMENTS ITEM#69664 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE SOUTHSIDE NETWORK AUTHORITY VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD October 1, 2019 76 ITEM VI-M. APPOINTMENTS ITEM#69665 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: GEORGE R.KUHLMAN (Represents—Director, Convention and Visitors Bureau-Ex-Officio) No term ADVERTISING ADVISORY 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 October 1, 2019 77 ITEM VI-M. APPOINTMENTS ITEM#69666 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: WALTER CAMP Unexpired term thru 6/30/21 BIKEWAYS AND TRAILS ADVISORY COMMITTEE 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 October 1, 2019 78 ITEM VI-M. APPOINTMENTS ITEM#69667 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: THOMAS ATHERTON,HI RUTH BELL MRS. JIMMIE KOCH Two year term 9/18/19—9/30/21 BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION 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 October 1, 2019 79 ITEM VI-M. APPOINTMENTS ITEM#69668 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: THOMAS M.LEAHY Unexpired term thru 1/31/20 BROADBAND STEERING COMMITTEE 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 • October 1, 2019 80 ITEM VI-M. APPOINTMENTS ITEM#69669 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: JASON BARNEY CLAUDIA COTTON JEANNE EVANS-COX ROY FLANAGAN KAREN FORGET LAURA HABR ALBERT HENLEY JOHN OLIVIERE One year term 11/1/19—10/31/20 GREEN RIBBON COMMITTEE 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 October 1, 2019 81 ITEM VI-M. APPOINTMENTS ITEM#69670 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: THOMAS M.LEAHY (Represents-Alternate to the Board of Directors) No Term HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE 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 October 1, 2019 82 ITEM VI-M. APPOINTMENTS ITEM#69671 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: THOMAS M.LEAHY Unexpired term thru 6/30/21 HAMPTON ROADS PLANNING DISTRICT 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 October 1, 2019 83 ITEM VI-M. APPOINTMENTS ITEM#69672 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: FAY SILVERMAN (Represents-Mortgage Specialist) TERESA STANLEY (Represents—Citizen) JESSICA GUGLIELMO (Represents-Nonprofit Housing Organization) Four year term 10/1/19—9/30/23 HOUSING ADVISORY 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 October 1, 2019 84 ITEM VI-M. APPOINTMENTS ITEM#69673 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: PEARL RENWICK Student Two year term 10/1/19—8/31/21 HUMAN RIGHTS 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 October 1, 2019 85 ITEM VI-M. APPOINTMENTS ITEM#69674 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: THOMAS M.LEAHY No Term OCEANA LAND USE CONFORMITY COMMITTEE 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 October 1, 2019 86 ITEM VI-M. APPOINTMENTS ITEM#69675 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: AILEEN SMITH Ex-Officio No Term SOCIAL SERVICES 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 October 1, 2019 87 ITEM VI-M. APPOINTMENTS ITEM#69676 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: ROSEMARY WILSON (Represents City Council Member—Ex Officio) Four year term 11/15/19—11/14/23 SOUTHSIDE NETWORK AUTHORITY 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 October 1, 2019 88 ITEM VI-M. APPOINTMENTS ITEM#69677 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: TIM McCARTHY Unexpired term thru 12/31/19 Plus four year term 1/1/20—12/31/23 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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 October 1, 2019 89 ADJOURNMENT ITEM#69678 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 7:56 P.M. Terri H. Cheliu Chief Depu City Clerk A a arne MC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia October 1, 2019 90 OPEN DIALOGUE The following registered to speak: Gray Edwards, 3836 Croonenbergh Way, Phone: 962-6258, spoke concerning water drainage in Bowcreek Dr.Al Brewster, 1128 York Lane, Phone: 410-474-1490, expressed appreciation to City Council for the support offered to the victims'families affected by the May 31"tragedy Barbara Messner, P.O. Box 514, spoke concerning appointments to Boards and Commissions Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, expressed appreciation to City Council and requested consideration for appointment to the Development Authority Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT of Rona Marsh Andrew Jackson, 153 Upperville Road, Phone: 490-9190, requested City Council to direct an audit of tax dollars. ADJOURNED at 8:08 P.M. October 1, 2019