HomeMy WebLinkAboutFEBRUARY 11, 2014 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR WLLL/AM D. SESSOMS, JR., At Lnrge
V/CE MAYOR LOU/S R. JONES, Bavside - Disb-ict 4
ROBERT M. DYER, Centerville - Dish-ict 1
BARBARA M. HENLEY, Po•iricess Airne - Distr•ict 7
SHANNON DS KANE, Rose Hnll - Dish-ict 3
BRAD MARTIN, P.E., A! Lm ge
JOHN D.MOSS. At l,arge
AMELIA ROSS-NAMMOND, Kempsvrlle - District 1
JOHN E. UHR/N, Bench - Dish'ict 6
ROSEMARY WILSON, At Lnrge
JAMES L. WOOD, Lvnnliaven -District 5
CITY COUNCIL APPOINTEES
CI77' MANAGER - JAMES K. SPORE
CITYATTORNEY- MARKD. STILES
C/TYASSESSOR - JERALD D. BANAGAN
C/TYAUDITOR - LYNDON S. REMIAS
CITY CLERK - RUTH HODGE'S FRASER, MMC
CITY COUNCIL AGENDA
11 February 2014
CITYHALL BUlLDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Crycncl@vbgov.com
1. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM
A. VIRGINIA BEACH CRIME STATISTICS
Chief James Cervera, Police Deparhnent
B. LESNER BRIDGE BID and FUNDING ANALYSIS
Dave Hansen, Deputy City Manager
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF THE CITY COUNCIL
5:30 PM
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Les Smith
Senior Pastor
Victory Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
l. INFORMAL and FORMAL SESSIONS JANUARY 14, 2014
2. 1NFORMAL and FORMAL SESSIONS JANUARY 28, 2014
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
1. VIRGINIA BEACH RED RAIDERS FOOTBALL TEAM
Amateur Athletic Union (AAU) National Championship - Runner-up
Dwayne Lowry, Coach
1. BID OPENING
1. LEASE OF CITY-OWNED PROPERTY
Princess Anne Commons "Baseball Park"
J. PUBLIC HEARINGS
1. LEASE OF CITY-OWNED PROPERTY
a. Princess Anne Commons "Baseball Park"
b. 3315 Atlantic Avenue - Cafe Franchises
2. EXCESS CITY-OWNED PROPERTY
a. 108 Bob Lane
b. Dam Neck and Landstown Roads - YMCA
K. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. §§2-345 and 2-346 re Public Records Management
b. §23-51 re requirements for Tattoo Artists
2. Ordinance to DECLARE property in EXCESS of the City's needs and AUTHORIZE:
a. Dedication at Dam Neck and Landstown Roads to YMCA of South Hampton Roads
DISTRICT 7 - PRINCESS ANNE
b. Sale at 108 Bob Lane to Grover J. Davis
DISTRICT 6 - BEACH
3. Ordinance to AMEND §4 of the Agricultural Lands Preservation (ARP) Ordinance re the
definition of "Agricultural Use"
4. Ordinance to ENDORSE the Cavalier Association Project and AUTHORIZE the State
Tourism Gap Financing program
5. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE:
a. A Lease at Princess Anne and Landstown Roads to Virginia Beach Professional Baseball
(VBPB) re a baseball complex within Princess Anne Commons
b. A Memorandum of Agreement between Hampton Roads Sanitation District (HRSD) and its
member localities re the Regional Wet Weather Management Plan
c. A Deed of Release and Exchange re an Agricultural Lands Preservation (ARP) easement for
the Ralph Lee Frost family at Land of Promise and Blackwater Roads
DISTRICT 7 - PRINCESS ANNE
d. A Utility Service Agreement with the City of Chesapeake re the provision of sewer and water
services to Charlestown Shores
6. CAPE HENRY LIGHTHOUSE Phase II restoration project:
a. Resolution to AUTHORIZE and EXECUTE Agreements re: Administration
b. Ordinance to ACCEPT and APPROPRIATE $200,000
7. Ordinance to GRANT Franchise Agreements to Gold Key/PHR Food Services, LLC re Open
Air Cafes at 3315 Atlantic Avenue
8. Resolutions re the Virginia Department of Transportation (VDOT) Urban Maintenance
payrnents:
a. ACCEPT additional streets
9. Ordinance to CONFIRM a Declaration of Local Emergency re the snow storm from January
28-31, 2014
10. Resolution to COMMEND City Clerk Ruth H. Fraser and her Staff for their extraordinary
public service to the citizens of Virginia Beach re the Council Member Appointment Process
11. Ordinances to ACCEPT and APPROPRIATE:
a. $50,000 from the Virginia Department of Emergency Management to the Office of
Emergency Management
b. $200,000 Virginia Governor's Opportunity Fund Award to the Development Authority
c. $473,150 from the Virginia Department of Transportation (VDOT) re urban maintenance
and resurfacing
L. PLANNING
1. Application of MARK E. THOMASSY and 106 62ND STREET for a Chan en a
Nonconforming Use re addition of an elevator at 106 62°d Street
DISTRICT 5 - LYNNHAVEN.
RECOMMENDATION:
APPROVAL
2. Application of HALL AUTOMOTIVE, LLC AUTO PROPERTIES - HALL NISSAN,
HALL COLLISION and VIRGINIA E. CORNICK TRUST for Modification of a
Conditional Use Permit re ADDING a vehicle painting booth, changes to fencing, storage lot
surface treatment and bulk storage for towed vehicles at 3757 and 3769 Bonney Road
DISTRICT 5 - LYNNHAVEN.
RECOMMENDATION:
APPROVAL
3. Application of LOTSALISA, LLC for Modification of a Conditional Use Permit, re
development of a Wawa Convenience Store with fuel pumps, car wash and convenience store
at 1600 General Booth Boulevard
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
4. Applications for Special Exceptions for Alternative Compliance to the Oceanfront Resort
Form-Based Code:
DISTRICT 6 - BEACH
a. CATCH A WAVE, LLC re a commercial parking lot at 2206-2210 Pacific Avenue
b. LINJON PACIFIC, LLC re a mixed use building at 2607 Pacific Avenue
RECOMMENDATION:
APPROVAL
5. Applications of MG HOMES, LLC and TRUSTEES OF TIDEWATER UNITED
CHURCH OF CHRIST re property at West Neck and North Landing Roads:
DISTRICT 7 - PRINCESS ANNE
a. Conditional Chanae of Zonin? from 0-2 Agricultural to Conditional R-SS Residential
b. Modification of a Conditional Use Permit re sale of property to MG Homes, LLC for
residential development
RECOMMENDATION:
APPROVAL
6. Applications of CHRISTIE ROTHER, JENNIFER FEDOROWICZ and TROY
SCOGGIN at 2310 Princess Anne Road
DISTRICT 7 - PRINCESS ANNE
a. Conditional Change of Zoning from Conditional 0-1 Office to Conditional B-1
Neighborhood Business
b. Conditional Use Permit re a retail "specialty shop"
RECOMMENDATION:
APPROVAL
7. Application of CITY OF VIRGINIA BEACH to AMEND § 401 of the City Zoning
Ordinance (CZO) re Farm Stands in Agricultural Districts.
RECOMMENDATION:
M. APPOINTMENTS
APPROVAL
CHESAPEAKE BAY PRESERVATION AREA BOARD
GREEN RIBBON COMMITTEE
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
PERSONNEL BOARD
PROCESS IMPROVEMENT STEERING COMMITTEE
RESORT ADVISORY COMMISSION
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
2040 VISION TO ACTION COMMUNITY COALITION COMMISSION
WORKFORCE HOUSING ADVISORY COMMITTEE
N. UNFINISHED BUSINESS
0. NEW BUSINESS
P. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
*******************?******?**
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
2014 CITYHOLIDAYS
i'ileitiorical Drky -1Vlaandccy, .41ay, 26
Irzdependenee Mg - Fridccv,.Julv 4
L,abor I3ay - :'?,1ondcrx', September~ I
Vetet•crns Drky - 1'aaesdcrv> Noverrcber 11
7'hcrnk.sgivprxg Day crrgd Day arf'ter• Thanksgivin- -
Thicrsrlay, Nnveraaber 2 7 aiad Fr•iday, A'ovember• 28
C7rrisftncrs Eve (Iradf=day) - IVetlrte4clay, Dc.Jc=eirrber 24
Christmas Dfg - Tlaursday01)ecetlaber 25
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 11, 2014
Vice Mayor Louis R. Jones, called to order the City Council's Informal Session, in the City Council
Conference Room, Tuesday, February 11, 2014, at 4: 00 P.M.
Council Members Present:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
-2-
CITY MANA GER'S BRIEFINGS
VIRGINIA BEACH CRIME STATISTICS
ITEM #63445
2:30 P.M.
Vice Mayor Louis R. Jones, intYOduced and welcomed James Cervera, Chief - Police Department. Chief
Cervera expressed his appreciation to City Council for their continued support of public safety. This
presentation will provide the 2013 Crime Statistics for the City.
Virginia Beach Police Department
CompStat Report
2013
"In some jobs, success is measured by what
doesn't happen:" - Edward A. Flynn
Chief Cervera advised the last time the City had crime statistics this low was back in 1964.
February 11, 2014
-3-
CITY MANA GER'S BRIEFINGS
VIRGINIA BEACH CRIME STATISTICS
ITEM #63445(Continued)
Chief Cervera advised the City's Part I Crime Rates continue to decline each year. Part I Crimes include
honiicide, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft and arson.
Part I Crime Rate per 1,000 Population -1960 to 2013
>o.o r
W.o
'a
so.o
g ??• ?-.. ?,:
0
00.
30.0
E0.0 --.. :? . .. _ _. .
e?•
10,0
VBPD: Average Sworn
and Total Part 1 Crime Rate
February 11, 2014
-4-
CITY MANfl GER'S BRIEFINGS
VIRGINIA BEACH CRIME STATISTICS
ITEM #63445(Continued)
The City's Clearance Rate continues to increase which means the officers are arresting the right people
for the crime committed. The preliminary 2013 clearance rate for the City is 31.6%:
VBPD: Average Sworn and
Part 1 Crime Clearance Rate
70 _ . ..?-»,.?.a?
ff
c
? 50 . ...... .. .... .. ... .. ??...
. ...... ........_ -AveraBeSwomiDividN
_
' by 10?
? 00 .... .........
>
a 30 . . ..... --- TOtalVan]C?ime
Uearance Nah (%)
.e.
Q ...... . ............ ..........
e e 1& 8 8 ,{,4 e IP 1& 8 8 1& 1? ti° 411
ti
The preliminary Violent Crime Clearance Rate for 2013 is 74.901o. The City has geneYally outpaced the
national average for Partl Violent Crimes Cleared:
V.B. Part 1 Violent Crime Clearance Rate vs.
U.S. Part 1 Violent Crime Clearance Rate
eo.o
,oo
?
wo
soo
"
..... .• -y,
300 ,
F' -V9.PanlVioknt
•s •• -? rtlVOknt
- U 5 Pa
"""" ---- --- G"meOearan[es1%1
0.0 ......... _.__. ____.
r,.c i v?deoco?me: ?Mwa«??mm.i nommme, io?<?nie„p.,,onne,r, a?a,as.a•=?ee.?m?.
February 11, 2014
-5-
CITYMANAGER'S BRIEFINGS
VIRGINIA BEACH CRIME STATISTICS
ITEM #63445(Continued)
The preliminarv VBPD Property Crime Clearance Rate for 2013 was 28.7%. The City has generally
outpaced the national average for Properry Crimes Cleared.•
V.B. Property Crime Clearance Rate vs.
U.S. Property Crime Clearance Rate
o.o _
Thi.s 2013 data is considered preliminary and only includes those 2013 incidents entered into our records
mariagement system as of January 14, 2014. *As peY Offense Clerks, all 2013 violent crime, burglaries,
and motor vehicle thefts had been entered and were up-to-date as ofJanuary 13, 2014.
4irginia Beach. Pdice Pepartmml
PART I CRI1l1B 5T:iTISTICS - 2013
(PRL'I.IIIIINARY)
Humiudx :1 17 :90`tb LO ,14 9.`.2'./« 2?.+1
hay< 15S I$p 26%; 17; IZU -
72 ?e e ?>.Y°Jo
ka6b+sy 3?tl 30r. .44% 16? 140 ii3°o 523°.e
anerd assau?r sa'v taa -za a ". ?t? 235 '7s a a x9
Y(nlmt: 8?5 ' 34b _'?1.?Yi .-i60 ":iSD 56314 - =?4AfL
GmpJ ? ?.?33 t.3S' ..? :4S 38i 330% 274-1a
Lazcwy 9.6 3I 9,t, 3 6 6 ?
7
:.64
Z9G"/<
2•?3%
A7oWrVeh?cia'I7iafl 461 425 .75% 5f SP lZ6% I8.8%
?u'sen 11? lOt 3",S dQ 33-61 34 31!o
IL'a49 .::1b951 =73K .. }AAd 3.:111 29.d?G - .36.?4ti
r«m - ia.aaa u.am -??n ausa s,m ss.i+%
?o?x.;c. UCF. Pst 1 C'rirt?e F.=_??o:xc
?[a3Rf3,ihe FESi ea:pa?idedthe dGfinitian ofra}?eeo ?ncuda IIA I18,vad 17?: 20i2rape caioatauan<
wrre up8asa ueir?g rhe r.ex, ras.thcdology E,r ocmoasioo pu?gce.es
February 11, 2014
-6-
CITY MANA GER'S BRIEFINGS
VIRGINIA BEACH CRIME STATISTICS
ITEM #63445(Continued)
In 1991, the City opened the 4`h Precinct and since that date the number• for Part I Crimes violent and
properry have been greatly reduced. Since 1991, the number of Sworn Officers has increased by 160.•
vrginia Beach Po(ice Department
Part I CrimezComparison
1991 va 2013
(PRELIMINARY)
--lnomltltle 27 17 •37.07
PnranlcaaAe' 177 1$s [S.r.
Robbery SiP 3oc. -atl.<%
Ag,graval?etlA,.sault 471 264
Totaf Wo1Ert C11me SDo^J 746 -37.4°rt.
A110LEMTLNIMFRdiEPER3,DA00?UUTlbN 247 .' 1,7 : $7s6?6
8-,13ry 9.162 1.19e ?Ez7°.a
:di'Ceny 1f,.`3"16 9,036 46.3°A
Wptai'tr2i'n?eTheR 1.3iS 415 .&'+.9`*?`
t'wn ?73 1L?3 -512
Tata!PrupeRyCrime 72,530 iQ951 -5IA`6
$ROPERIYCWMEPk7EPER 1,000 5162 ;- 4i 35B°.6
TntalDartI6imes' 23b17 11,G97 -50.5°.:,
T6TAlVARTICRiME.i2ATE0ER1?D00;POFUtaTiWV: 5E9 = 265 3fi,e%
1-11ce: u<:k Part i ?;..nrnes RePori
'4 ?a13,theF0le.Ypandetl:tiedetinIhnn0 rapetovi:iude11A,118,asid11£.DataiorFlB
and 1tC nffensPaw.erer'iaf ava?Iablefnr tKl.
VirginiaBeach Police Department
Patt I Crimes • Violent
2()SZ013
(PRELIMINARY)
Criminalltorninae la.
1$
114
15
71
17
f r,lYeRape, L58 ItTi ixn 155 159 TR»
RobherY 4.2 424 d:X 32)? W6 -30.5%
Ng-MttlA4- 371 376 i 292 3G9? 269 -:8 .8"b
Tota?lhairiKt;ii?nE 92`3 9PA' €59 2d51 746 -34ff6
NOtF117CAIMEAA7E PER]AB,PqPUUUION . 23 3.0 39 '. 19 . '36.1?6
Sda2E UCR V'nR 1 i;ri:nL kepM[. FO( iIlbti0i1 R3tiRit3 {N W idFA by V1p1[kki Gtloper C.tEr. GP33 (Xqh+IdK?An EttlmbfC¢
nereno[ a?ad'ab' E u'ime i3te5 are tx?'ettl off 01 X?I: (w{x+lutswi s:stnnrit?.
'valoes fcrsvcarpg:m; cf?ngerefifatlreperca:tsfiangei?.hveer? ?tanC m1z ?t3rnk;cs.
?tn2Ji3,theFBieep-dedthedefini4cridrWetomduck13A,11E,a?iH11G 2712rapec:Iwtauonza•ere
upJdect unng:he nae metho?c?,y f? SornWersior+ ?:rymez
February 11, 2014
-7-
CITY MANA GER'S BRIEFINGS
VIRGINIA BEACH CRIME STATISTICS
ITEM #63445(Continued)
Uirginia Beach Police Department
Part I Gimes- Propmty
20032013
(PREtIMIPIARY)
2068 2,Cq1 7.5 1,339 -30.14d
tx'cee?v 10.uLg 10Au2 9.E14 9.r?1 9?36 ?15.3'd
Ma.orVA»elefiAt SEWi 613 483 461 43 , ?4.ffZ
I133j 132 733 ?L 102 -6E°L
T?aIG?n ert Cnn?e Is,37Et 13275 12,211 11,7 IP%i 17Pa
PROPBttt(R1AffF0.S P8lf.WlYORUTATNiN 80.5 __30 24. ?79.7l6
S.rce: UCftPbtlulme;N?wt.Pqx;l?.n'istki9iccporiclec:6y-bVe7ddiCocyxati[wk?_:1i13popalatianef.imatei
WftEhM3!&ii9?¢.i-pEYdtESME'nw,,d dfIX2ld?pL`pI&,flnHtllYifl[21.
?VaniM fCXS-vfar p4fccnK th&?4„E:f(?fl2it [kif {YSCP?I W dYJ4 flFIV1PRn :LJ.?`9 dnd :G13 n??XAW?.
Thi,s number of juveniles arrested continue to decline as well and is a large part to the Truancy program
that began back in 1991.
2013 Totals of Adults and Jweniles Arrested (PRELMINARY)
. ai Na?n,nde:
?
Murdaanv'NOn-Yegen:Mansla.ighkn 27 -6.4% 1 3615 28
Mm:sinughtcr[WNegl!gerse 07b 0 (10M -
Fcr-.iUeRsF:' 21 33.3% :E?7ib :i0
Ro;t-y 153 C5.5:. 2 7 _.n..Yra 191)
A&,iavatedAssaalt SES _.. ll 5.696 196
8,?arV 731 S1.2R5 CT '_85E 22'.
Weapu, {srry, Pom-,s 26: 9,4% 2° 9.fi"a5 Z'_'1
?pifm;es iRJ P.3.9 10 16_X '
6RRNDTOi'AL 967 81.? 134 - 12.476 1,B!
Saur¢ V?2q U?31 Prret Rqr?Rz
February 11, 2014
-8-
CITY MANA GER'S BRIEFINGS
VIRGINIA BEACH CRIME STATISTICS
ITEM #63445(Continued)
It is important to understand where the City's "Hot Spots" are located and staff the appropriate number
of officers:
2013 Robberies
Residential Burglaries are scattered throughout the City; however, the largest number is located in high
density residential areas:
February 11, 2014
-9-
CITYMANAGER'S BRIEFINGS
VIRGINIA BEACH CRIME STATISTICS
ITEM #63445(Continued)
Chief Cervera stated the Department focuses on three (3) "Ts ": TALENT, TECHNOLOGY and
TEAMWORK.
Leaning
Fo rwa rd
The Department began the "Community Policing Efforts " initially in Western Bayside "3261 " and the
response was so well received by the Citizens, it was expanded to the Green Run area. Most impressive is
when the Department learned that College Park implemented a Community Policing Program and, after
the fact, informed the City.
Community Policing Efforts
• 3261
• Green Run
• College Park
FebYUary 11, 2014
-10-
CITY MANA GER'S BRIEFINGS
VIRGINIA BEACH CRIME STATISTICS
ITEM #63445(Continued)
The Departn2ent takes a"SystenZS Approach" when dealing with non-crime related incidents. For
exafnple, in dealing with the Homeless at the Oceanfront, the Off cers refer individuals to various
agefzcies andprograms offered throughout the City. The Crisis Intervention Team helps individuals that
are non-violent with mental health or substance abuse problems by referring those individuals to different
agerzcies for assistance instead of putting them into the criminal justice system; the Crime Prevention
Unit provides information to help prevent crime with every single business on Atlantic and Pacific
Avenues, as well as knocking on doors in neighborhoods where and when we begin seeing an increase in
crime; and lastly, in 2012, Police Officers successfully administered an AED 34 times. The Virginia
Beach Emergency Response System has a 49 percent rate of saving lives w/AEDs in comparison to a
national rate of 9-1 S%. This high rate is due, in part, to the presence of AEDs in police vehicles.
Systems Approach
• Homeless at the oceanfront
• Crisis Intervention Team (CIT)
• 820 under Emergency Custody Order with Police
• 583 were paperless
• Average of 3 hour per incident
• School Resource Officers (SROs)
• Crime Prevention
• Department CompStat meetings
• AEDs and Tourniquets
Altlaough we have Officers assigned to the Ready Response Team and Special Operations, those
individuals are patrol officers first:
Flexible Resources
• Ready Response Team (RRT)
• Special Operations
February 11, 2014
-11-
CITY MANA GER'S BRIEFINGS
VIRGINIA BEACH CRIME STATISTICS
ITEM #63445(Continued)
The Department's Strategic Plan is in line with the Ciry's Strategic Plan. For example, the Oceanfront is
a great economic impact for the City and the Police Department is committed to make visitors and
citifens feel safe and welcome:
Strategic Plan
• Neighborhood Initiatives
• Oceanfront
• Central Business District
The Vice Mayor thanked Chief Cervera and the entire Department for their commitment to the City.
February 11, 2014
-12-
CITYMANAGER'S BRIEFINGS
LESNER BRIDGE BID and
FUNDING ANAL YSIS
ITEM #63446
4:25 P.M.
Vice Mayor Jones introduced and welcomed Dave Hansen, Deputy City Manager. Mr. Hansen advised
this is an update to the Lesner Bridge Replacement Project:
Thc Bid Opening was held on December 20, 2013. The City received 7 Bids:
February 11, 2014
-13-
CITY MANA GER'S BRIEFINGS
LESNER BRIDGE BID and
FUNDING ANALYSIS
ITEM #63446(Continued)
After reviewing the responses, the low bidder was deemed "non-responsive " and concurred with VDOT
and the FHWA. Based on that, the Bid was offered to the 2"d low bidder, McLean Contracting Company.
McClean's Bid was 19.5% higher than the Engineer's estimate and that caused concern.
Bid Analysis
? Apparent Low Bidder, PCL, deemed "non-responsive",
due to incomplete bid. Concurrence from VDOT/FHWA
? On January 27, 2014, City made request to
VDOT/FHWA to award to 2"d low bidder, Mclean, in the
amount of $78,645,190.68
? Original Engineer's Estimate (July 2013): $65,796,716
? McLean's Bid 19.5% higher than Engineer's Estimate
The Staff conducted a Bid Analysis and found the following:
? The bid analysis revealed that the greatest cost
differences between the bids and the estimate
occurred in the bridge foundation and superstructure
? A/E firm re-evaluated the Engineer's Estimate for the
bridge line items based on VDOT unit price bids made
between July 2013 and January 2014
? The Engineer's Estimate was revised (January 2014)
to $79,596,561 (from $65,796,716)
? This is $13.8M higher than the July 2013 estimate
? Difference largely due to increased market costs for
pre-cast concrete and corrosion resistant rebar
Bid Analysis
February 11, 2014
-14-
CITY MANA GER'S BRIEFINGS
LESNER BRIDGE BID and
FUNDING ANALYSIS
ITEM #63446(Continued)
Below are the line items with the greatest cost difference between the original Engineer's estinzate and
the revised estimate:
Bid Analysis
? Line Items with greatest cost difference between the
original Engineer's Estimate and the revised estimate
1! ? Represents 85% of Engineer Estimate increase
tost , EsUma?kd ?
',kyfi?mato:
Based on the new estimate, the project has a total funding shortfall of $14.4-MILLION. After meeting
with VDOT, below is a proposed funding strategy to make up the shortfall in order to keep this project
movang:
---- ______.__„
Funding Analysis
? Resulting total project cost using Mclean's bid
amount is $116.5M
? Results in funding deficit of $14.4M
? Funding Strategy to make up shortfall:
¦ Bonney/Kentucky $ 0.3M
¦ Centerville Ph. II $10.3M
• Additional State Funding 3.8M
Total Funding Shortfall: $14.4M
February 11, 2014
-15-
CITY MANA GER'S BRIEFINGS
LESNER BRIDGE BID and
FUNDING ANALYSIS
ITEM #63446(Continued)
Below are specific factors concerning each project proposed in the funding strategy to make up the
shoqfall:
Funding Analysis
? Bonney/Kentucky Project ($0.3M): Remaining State
Revenue Sharing (RS) Funds from Completed Project
?' ? Centerville Turnpike - Phase II Project ($10.3M):
State Revenue Sharing (RS) funds split 50/50
local/state. Replacement to be resubmitted for FY 16
RS funds. Additional $5.15M in local funds required
in FY16 CIP allocation.
? Additional State Funding ($3.8M): TBD by VDOT
Local Share: $5.3M
State Share: $9.1M
McLean has granted the City a 90-day Bid extension and the Ciry is now awaiting approval from VDOT
and the FHWA to award the contact to McLean. Mr. Hansen expressed his appreciation to VDOT for
their support on this project:
--
Next Steps
? Received 90 day bid extension from McLean
? Awaiting VDOT/FHWA approval to award to McLean
? VDOT/FHWA may require re-bidding project. If so,
approx. 6 month delay
? If award to McLean, NTP for project delayed to
April/May OWN;
Awl,
February 11, 2014
-16-
CITY MANA GER'S BRIEFINGS
LESNER BRIDGE BID and
FUNDING ANALYSIS
ITEM #63446(Continued)
If City Council agrees to this course of action, below are the actions needed to move fonvard.•
f3?
City Council Action
? Requires Councii approval of Resolution making the
Lesner Bridge Project an eligible Revenue Sharing
Program project, thus making it eligible to receive
RS funds from other city projects
? Requires Council to adopt Ordinance, approving
transfer of State and Local funds to make the Lesner
Bridge Project whole and able to award
construction contract to McLean
? Resolution and Ordinance to be brought to Council
on February 25, 2014
Should and once City Council moves for-ward, below are actions needed by VDOT.•
VDOTAction
? Following:
¦ Council approval of Resolution and Ordinance
¦ VDOT identifies State funding
? Requests funding approval from CTB at the
following scheduled meeting, March 19, 2014
February 11, 2014
-17-
CITYMANAGER'S BRIEFINGS
LESNER BRIDGE BID and
FUNDING ANALYSIS
ITEM #63446(Continued)
Project Costs
Vice Mayor Jones expressed his appreciation to Mr. Hansen and the entire Team that has been working
on this Project.
FebYUary 11, 2014
-18-
CITYCOUNCIL LIAISONREPORTS
4: SO P.M.
ITEM #63447
Coitncil Lady Henley advised City Council Members received a copy of the 2014 Annual Report of the
Open Space Advisory Committee and she erzcouraged everyone to take a few minutes and read the
Report. This program and Committee has done fantastic things for the City and is a true asset in all that
has been achieved.
February 11, 2014
-19-
CITY COUNCIL LIAISONREPORTS
(Continued)
ITEM #63448
Coitncil Lady Henley expressed concern over the two Agricultural Items on the pending City Council
Agenda and would like to have them deferred to February 25"'. Should the General Assembly pass these
two Bills then the two items on the Agenda will not be necessary. Council Lady Henley advised the
Agr•icultural Advisory Committee will be meeting to discuss the pros and cons of the proposed changes.
February 11, 2014
-zo-
CITY COUNCIL LIAISON REPORTS
(Continued)
ITEM #63449
Couizcil Lady Ross-Hammond advised she attended the Arts and Humanities Commission meeting and
was pleased that Virginia Beach Chorale is learning to be more sustainable.
February 11, 2014
-21-
CITYCOUNCIL LIAISONREPORTS
(Continued)
ITEM #63450
Council Lady Ross-Hammond advised the Community Services Board continues to be a strong advocate
for the Department of Human Services and, on theiY behalf, has traveled to Richmond to meet with
Legislators. As a result of these meetings, they have agreed to sponsor selected Virginia Beach
legislation duYing the next General Assembly.
February 11, 2014
-22-
CITY COUNCIL LIAISON REPORTS
(Continued)
ITEM #63451
Coirncil Lady Ross-Hammond advised the Behavior Health Services for Youth has increased funding for
the Mobile Crisis response and access for psychiatry and intensive case management of inental health
services received accreditation in December 2013. A 3 year accreditation was awarded to the City's
Co»amunity Employment Options. One of the biggest trends in place is the Cultural Competency and
Diversity Plan with a stronger health and safety program.
February 11, 2014
-23-
CITY COUNCIL COMMENTS
5: 02 P.M.
ITEM #63452
Councilman Moss requested an update to the City's position on the "groundwater" legislation.
Councilman Martin advised he has met with Deputy City Manager Hansen and Planning Director Jack
Whitney in an attempt to come up with a plan to deal with the different options the General Assembly
action would implement. Regardless, the Legislation is going to have a huge impact on how the Planning
Department does their job, as well as property redevelopment. The only leverage point would be
"grcindfathering" of projects. The real problem will be managing the projects especially for those that
have different phases.
City Manager Spore advised that if Staff started tomorYOw morning preparing for this new Legislation
they could not be ready by July P. The hope is there will be a six (6) month delay.
February 11, 2014
-24-
CITY COUNCIL COMMENTS
(Continued)
ITEM #63453
Cozincilman Moss stated that Dr. Koch, in the Hampton Roads Region Forecast predicted the Region
wozild lag behind the national average in gross domestic product (GDP); and according to the recent
Congressional Budget Office, Dr. Koch was within one-tenth of a percent in his report.
February 11, 2014
-25-
CITY COUNCIL COMMENTS
(Continued)
ITEM #63454
Vice Mayor Jones advised he was recently appointed to the Virginia Board of Funeral Directors and
Embalmers.
Mayor Sessoms has also recently been appointed to the Virginia Museum of Fine Arts, Board of
Trustees.
The meeting dates of these State Boards conflict with the regularly established City Council meeting
dates.
Vice Mayor Jones suggested the City Council consider changing the Formal Meetings to the IS` and 3'-d
Taiesdays and the Workshops to the 2"d and 4`1' Tuesdays beginningJune IS`
There was no objection from other Council Members. Vice Mayor Jones requested the City Attorney
prepare an Ordinance delineating these changes foY City Council 's consideration on Tuesday, February
25, 2014.
February 11, 2014
-26-
AGENDA REVIEW SESSION
S:IO P.M.
ITEM #63455
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
K. ORDINANCES/RESOL UTIONS
1. Ordinances to AMEND the City Code:
a. §§2-345 and 2-346 re Public Records Management
b. §23-5I re requirements for Tattoo Artists
2. Ordinance to DECLARE property in EXCESS of the City's needs and AUTHORIZE:
a. Dedication at Dam Neck and Landstown Roads to YMCA of South Hampton
Roads DISTRICT 7- PRINCESS ANNE
b. Sale at 108 Bob Lane to Grover J. Davis
DISTRICT 6 - BEACH
3. Ordinance to AMEND §4 of the Agricultural Lands Preservation (ARP) Ordinance re
the definition of "Agricultural I7se"
4. Ordinance to ENDORSE the Cavalier Association Project and AUTHORIZE the State
Tourism Gap Financing program
5. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE:
a. A Lease at Princess Anne and Landstown Roads to Virginia Beach
Professional Baseball (VBPB) re a baseball complex within Princess Anne
Commons
b. A Memorandum of Agreement between Hampton Roads Sanitation District
(HRSD) and its member localities re the Regional Wet Weather
Management Plan
c. A Deed of Release and Exchange re an Agricultural Lands Preservation
(ARP) easement for the Ralph Lee Frost family at Land of Promise and
Blackwater Roads DISTRICT 7- PRINCESS ANNE
d. A Utility Service Agreement with the City of Chesapeake re the provision of
sewer and water ser-vices to Charlestown Shores
6 CAPE HENRYLIGHTHOIISE Phase II restoration project:
a. Resolution to AUTHORIZE and EXECUTE Agreements re:
Administration
b. Ordinance to ACCEPT and APPROPRIATE $200, 000
7. Ordinance to GRANT Franchise Agreements to Gold Key/PHR Food Services, LLC re
Open Air Cafes at 3315 Atlantic Avenue
February 11, 2014
-z7-
ITEM #63455(Continued)
8. Resolutions re the Virginia Department of Transportation (VDOT) Urban Maintenance
payments:
a. ACCEPT additional streets
b. CORRECT Road Inventory
9. Ordinance to CONFIRM a Declaration of Local Emergency re the snow storm from
January 28-31, 2014
10. Resolution to COMMEND City CleYk Ruth H. FraseY and her Staff for their
extraordinary public service to the citizens of Virginia Beach re the Council Member
Appointment Process
11. Ordinances to ACCEPT and APPROPRIATE.•
a. $50,000 from the Virginia Department of Emergency Management to the
Office of Emergency Management
b. $200,000 Virginia Governor's Opportunity Fund Award to the Development
Authority
c. $473,1 SO from the Virginia Department of Transportation (VDOT) re urban
maintenance and resurfacing
ITEM #2a WILL AMENDED and CONSIDERED SEPARATELY
ITEM #3 WILL BE DEFERRED TO 0212512014
CO UNCILMAN DYER AND MOSS WILL VOTE VERBAL NA Y ON ITEM #4
CO UNCILMAN MOSS WILL VOTE VERBAL NA Y ON ITEM #Sb
COUNCIL LADY HENLEY DISCLOSED ONITEM#Sc (ARP-RALPHFROSTFAMILY) she owns
land in the ARP area and the City Attorney advised it is NOT NECESSARY for her to ABSTAIN.
Council Lady Henley's correspondence of February ll, 2014, is hereby made a part of the record.
February 11, 2014
-zs-
AGENDA REVIEW SESSION
ITEM #63455(Continued)
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
K. PLANNING
1. Application of MARK E. THOMASSY and 106 62tVD STREET for a Changge in a
Nonconforming Use re additiofz of an elevator at 106 62"d Street DISTRICT S-
LYNNHAVEN.
2. Application of HALL AUTOMOTIVE, LLC AUTO PROPERTIES - HALL NISSAN,
HALL COLLISION and VIRGINIA E. CORNICK TRUST for Modification of a
Conditional Use Permit re ADDING a vehicle painting booth, changes to fencing,
storage lot surface treatment and bulk storage for towed vehicles at 3757 and 3769
Bonney Road DISTRICT 5- LYNNHAVEN.
3. Application of LOTSALISA, LLC for Modi acation of a Conditional Use Permit, re
development of a Wawa Convenience Store with fuel pumps, car wash and convenience
store at 1600 General Booth Boulevard DISTRICT 7- PRINCESSANNE
4. Applications for Special Exceptions for Alternative Compliance to the Oceanfront Resort
Form-Based Code: DISTRICT 6- BEACH
a. CATCH A WAVE, LLC re a commercial parking lot at 2206-2210 Pacific
Avenue
b. LINJONPACIFIC, LLC re a mixed use building at 2607 Pacific Avenue
5. Applications of MG HOMES, LLC and TRUSTEES OF TIDEWATER UNITED
CHURCH OF CHRIST re properry at West Neck and North Landing Roads: DISTRICT
7 - PRINCESS ANNE
a. Conditional Change of ZoninQ from 0-2 Agricultural to Conditional R-SS
Residential
b. Modification of a Conditional Use Permit re sale of property to MG
Homes, LLC for residential development
6. Applications of CHRISTIE ROTHER, JENNIFER FEDOROWICZ and TROY
SCOGGIN at 2310 Princess Anne Road DISTRICT 7- PRINCESS ANNE
a. Conditional ChanQe ofZoningfrom Conditional 0-1 Ofji'ce to Conditional
B-1 Neighborhood Business
b. Conditional Use Permit re a retail "specialty shop "
7. Application of CITY OF VIRGINIA BEACH to AMEND § 401 of the City Zoning
Ordinance (CZO) re Farm Stands in Agricultural Districts.
ITEM #Sa/b WILL BE CONSIDERED SEPARATELY
ITEM #7 WILL BE DEFERRED TO 0212512014
February 11, 2014
-29-
ITEM#63456
Vice Mayor Louis R. Jones, 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:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A) (1)
Council Appointments: Council, Boards, Commissions, Committees,
Authorities, Agencies and Appointees
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 2.2-3 711 (A)(3).
Acquisition/Disposition of City Property:
Princess Anne District
February 11, 2014
-30-
ITEM# 63456(Continued)
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into
CLOSED SESSION at 5:14 P.M.
Yoting: 10-0
Cotiincil Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Yoting Nay:
None
Coz.rncil Members Absent:
Mayor William D. Sessoms, Jr.
(Closed Session 5:14 P.M. - 5:30 P.M.)
February 11, 2014
-31-
ITEM# 63457
Vice Mayor Jones expressed concerns regarding the language in the Draft Version of the Development
Agreement dated February 11, 2014, between the City and the YMCA of South Hampton Roads. After
discussion of City Council, the Development Agreement will be revised in Paragraphs 2, 2a and 16 and,
as such, the Amended Development Agreement will be heard in the Formal Session by City Council
tonight for consideration.
February 11, 2014
-32-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
February Il, 2014
6: 00 P.M.
Vice Mayor Louis R. Jones, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Chamber, City Hall, on Tuesday, February 11, 2014, at 6: 00 P.M.
Council Members Present:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr. - out of the Country - family vacation
INVOCATION: Reverend Les Smith
Senior Pastor
Victory Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ) purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
trarisactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knawledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official recoYds of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter ofApril 10, 2007, is hereby made a part of the
record.
February 11, 2014
-33-
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne
Realty ("Prudential ). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and
the volume of transactions it harzdles in any given year, Prudential 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
Intef•ests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Coiincil Lady Wilson's letter ofAugust 13, 2013, is hereby made a part of the record.
February 11, 2014
-34-
Iteni -VI-E
CERTIFICATION
ITEM #63458
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE 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.
Yoting: 10-0
Coarncil Members Voting Aye:
RobeYt M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Cozincil Members Poting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
R E S 0 L U T 10 N
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 #63456 Page 30, 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.
uth Hodges Fraser, MMC
City Clerk
February 11, 2014
-35-
Item -VI-F.1 and 2
MINUTES
ITEM #63459
Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of January 14, 2014, a n d the
INFORMAL SESSION of January 28, 2014.
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Coz+ncil Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
-36-
ADOPT AGENDA
FOR FORMAL SESSION ITEM #63460
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
February 11, 2014
-37-
Item -VI-I.1
BID OPENING ITEM #63461
Vice Mayor Jones advised:
LEASE OF CITY-OWNED PROPERTY
Princess Anne Comrreons "Baseball Park"
Princess Anne Commons, near the intersection of
Princess Anne and Landstown Roads
Pursuant to Virginia Code Section I5.2-2I02, the Chair will now summarize the
bids that have been received for a proposed lease of a portion of the City property
located at Princess Anne Commons, near the intersection of Princess Anne and
Landstown Roads for use as a professional baseball stadium, tournament fields,
and sports-related commercial/retail space.
One bid has been received, as follows:
1. Virginia Beach Professional Baseball has bid:
30 year lease for construction, development and operation of.l) an approximate
5,000 seat professional baseball stadium, with 2,000 berm seats, 2) approximately
60,000 sq. ft. of commercial space and 3) a lease of up to 30 years for a youth
baseball tournament complex. The bid includes a proposal to build four (4)
additional fields at the Princess Anne Athletic Complex to be owned and operated
by the City.
Vice Mayor Jones asked "Are there any other persons desiring to submit a bid at this
time?"
Tlzere being no further bids, the bidding is closed.
City Council accepted the Bid of Virginia Beach Professional Baseball, and move forward
with a Public Hearing for lease of this Property
February 11, 2014
-38-
Iteni -VI-J.la/b
PUBLIC HEARINGS ITEM #63462
Vice Mayor Jones DECLARED A PUBLIC HEARING:
LEASE OF CITY-OWNED PROPERTY
a. Princess Anne Commons "Baseball Park"
b. 3315 Atlantic Avenue - Cafe Franchises
There being no speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING.
February 11, 2014
-39-
Itent -11I-J.2a/b
PUBLIC HEARING ITEM #63463
Vice Mayor Jones DECLARED A PUBLIC HEARING:
EXCESS CITY-ON'NED PROPERTY
a. 108 Bob Lane
b. Dam Neck and Landstown Roads - YMCA
There being no speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING.
February 11, 2014
-40-
Itenr -VI-K
ORDINANCES/RESOL UTIONS
ITEM #63464
Upan motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED, IN
ONE MOTION, BY CONSENT, Items la/h, 21b, 3(DEFERRED TO 212512014), 4(DYER and MOSS
VERBAL NAY), Sa/b(MOSS VERBAL NAY)/c/d, 6a/b, 7, 8a/b, 9, 10 and llalb/c of the CONSENT
AGENDA, composed of Ordinances, Resolutions and the Planning Applications.
Voting: 10-0
Coztncil Members Yoting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Yoting Nay:
None
Cozrncil Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
-41-
Item -VI-K.la
ORDINANCES/RESOL UTIONS
ITEM #63465
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinances to AMEND the City Code:
a. §§2-345 and 2-346 re Public Records Management
Voting.• 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, .Iohn E. Uhrin, Rosemary Wilson and James L. Wood
Cozincil Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
1 AN ORDINANCE TO AMEND SECTIONS 2-
2 345 AND 2-346 OF THE CITY CODE
3 PERTAINING TO PUBLIC RECORDS
4 MANAGEMENT
5
6 SECTIONS AMENDED: §§ 2-345 AND 2-346
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 2-345 and 2-346 of the Code of the City of Virginia Beach, Virginia,
12 are hereby amended and ordained to read as follows:
13 Sec. 2-345. Records manager; duties.
14 The public records coordinator is
15 hereby designated as records manager, who shall be responsible for the
16 implementation of the records management program.
17 Sec. 2-346. Duties of department heads; records officers.
18 (a) It shall be the duty of the department directors to cooperate with the city
19 manager in implementing the records management program; provided, that nothing in
20 this article shall be construed to require the removal of city records from the custody of
21 a department director when such records are deemed necessary in or for the
22 performance of the duties imposed upon such director by statute or ordinance.
23 (b) Each department director shall designate an employee of his department
24 to act as records e#isef representative, who shall report directly to the director of his
25 department and shall be responsible for coordinating the records management program
26 of his department, for cooperating with the records manager in ensuring compliance
27 with the records management program, and for monitoring compliance with records
28 retention and disposition schedules for the records of his department.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11 th
day of February , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
?
Public Libraries City Attorney's Office
CA12854
R-2
January 15, 2014
-42-
Iteni -VI-K.Ib
ORDINANCES/RESOL UTIONS
ITEM #63466
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinances to AMEND the City Code:
b. §23-5I re Yequirements for Tattoo Artists
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
REQUESTED BY COUNCILMEMBER JOHN E. UHRIN
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 23-51 OF THE CITY
3 CODE, PERTAINING TO REQUIREMENTS
4 FOR TATTOO ARTISTS
5 Sections Amended: City Code Section 23-51
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 23-51 of the City Code, pertaining to tattooing and tattoo artists, is
hereby amended and reordained, to read as follows:
Sec. 23-51. Tattooing and tattoo parlors.
(e) Every tattoo artist shall provide one of the followinq
to the department of public health_ +ha+ ho „. ? sho h.,? ?o,.o;o,? ? ? 4? ihorn?ile6,s
-r,?? . .., ..?.. . ?..?.. ?? ._
(1) Proof of completion of the full Hepatitis B vaccine;
(2) Proof of Immunity by blood titer; or
(3) Written declination of refusal of the full Hepatitis vaccine.
COMMENT
The amendments replace the current requirements that tattoo artists annually provide to
the Health Department certain proof relating to tuberculosis and Hepatitis B with the provisions set
forth in subdivisions (1) through (3). The Health Department has reviewed the proposed
amendments and determined that they will not compromise the health or safety of the public.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day
of February , 2014.
Approved as to Legal Sufficiency:
City Attorney's Office
CA-12881
January 17, 2014
R-1
-43-
Iteni -VI-K2a
ORDINANCES/RESOL UTIONS
ITEM #63467
The following individuals registered to speak:
Katy Arris-Wilson, 3900 Old Shell Road, Phone: (757) 679-5954, President - TIDE Swimming, spoke in
SUPPORT. Mrs. Arris-Wilson is a life-long Virginia Beach resident and swimming played a huge role in
her life; however, she had to drive to Norfolk twice a day for practices. Virginia Beach is the largest city
in the Commonwealth but has no Olympic size pool. This pool project has been in process for over 4
yeai°s and will bring positive economic impact to the City. The TIDE just celebrated its 25`1` year and
continues to build champions in life through swimming.
Billy George, 250 West Brambleton Avenue, Suite 100, CEO of South Hampton Roads YMCA for past 15
months, spoke in SUPPORT. The YMCA is a non profit organization that focuses on the character of
youth, social responsibility and healthy living.
Dan Bannon, 206 44`h StYeet, Phone: 507-8730, spoke in SUPPORT. Mr. Bannon is 14 years old and
attends Plaza Middle School. He has been swimming since he was 3 years old and currently swims six
(6) times per week, fifty (50) weeks per year. Mr. Bannon is looking forward to being a Beach lifeguard
in a few years. He stated swimming has taught him so many life lessons: persistence, resilience, physical
and rrzental toughness and dedication. He hopes to swim in College and possibly at the Junior Nationals.
The relationships he forged along with the way with teammates and competitors will be life-long.
Sandra Jones, 1644 WilI-O-Wisp Drive, Phone: 407-7247, spoke in SUPPORT. Ms. Jones started the
TIDE 26 years ago and, at that time, was told Virginia Beach is "backwards " and "you are going to hit a
dead end "; well, 280 Members strong and 26 years later, she feels as though she has been successful.
The partnership with the YMCA provides an open canvas for the City to have one of the best and
comprehensive aquatic programs in the Country. The mission statement for the TIDE is "Building
charripions in life through the sport of swimming ".
Carrie Lamoacreux, 909 Rio Bravo Bend, Phone: 689-4466, spoke in SUPPORT. Mrs. Lamoureux is
married to a Navy SEAL and swimming has always been encouraged in their home. Swimming has had a
positive impact on their family and ensured their children would be safe around water. She views the
YMCA and Tide Swim team as one body. The YMCA supports the Military and offers "no cost"
menzberships to families that are separated by military deployment.
Walter Potter, 1938 Woodside Lane, Phone: 438-6033, spoke in SUPPORT. Mr. Potter is the immediate
Past Chairman of the Board of Directors for YMCA of South Hampton Roads. His two daughters swain
for the TIDE and Cox High School and this is the closest the TIDE has ever been to getting a SO-Meter
Pool.
Jim Dille, 1430 Armistead Road, spoke in SUPPORT. Mr. Dille is the current Chairman of the Board of
the YMCA of South Hampton Roads. The YMCA helps to strengthen families. The YMCA has twenty
(20) family centers from the Eastern Shore to the Outer Banks and over 30% of their members receive
financial assistance. The YMCA began the "First Tee " program and is an example of a public/private
partnership offered in six (6) different cities in the Region. The Board of Directors approved an
additional $2-MILLIONfundingfor this projectafter the City Council's December meeting.
Nancy Speer, 3120 Winchester Lane, Phone: 498-4559, spoke in SUPPORT. Ms. Speer is a TIDE Coach
for level 1-3, ages 5-1 D. She loves seeing the children 's love for swinaming develop. Ms. Speer is an All
American Collegiate swimmer and continues to compete as a Master Swimmer. Swimming promotes
discipline, character and strength and is the only sport in which a person can remain competitive until
they are 100 years old.
February 11, 2014
-44-
Item -VI-K.2a
ORDINANCES/RESOL UTIONS
ITEM #63467(Continued)
Churles Reid, 3300 Middle Plantation Quay, Phone: 436-5530, spoke in SUPPORT. Mr. Reid advised
his daughter swam for the TIDE and now he is enjoying watching his granddaughter swim for the TIDE
as well. This is truly a family organization.
Tom Gil, 804 Kennedy Avenue, Phone: 580-7391, spoke in SUPPORT. Mr. Gil is the President of
Aquawear and a Deputy Chief for Virginia Beach Lifesaving Service ("VBLS'). Mr. Gil advised
drowning is the 2"d leading cause of death for children. The TIDE has proven to be a community partner
to teach children to swim. VBLSfills over 200 Beach lifeguard positions each year and they must be "the
best ".
Bill Gil, 1008 Danshire Chase, Phone: 631-6145, spoke in SUPPORT. Mr. Gil is a lifelong swimmer
and his daughter is a current membeY of the TIDE. He is a current high school and USAA swimming
official. Mr. Gil advised his family is traveling this weekend to Manassas for a swim meet and would love
for the City to host meets in the future. These events create positive economic impact and a good source
of revenue. The YMCA is a great partner for the City to have an opportunity for a first-class facility with
a first-class partner.
Josh Fulton, 300 B 58`h Street, Phone: 218-3987, spoke in SUPPORT. Mr. Fulton is a former swimmer
and curreratly a coach for the TIDE. He wakes up every day at 4:1 S A.M. to train young swimmers and
does so for the lifesaving skills he teaches and the positive impacts and life lessons learned in the pool.
Amber Quarles, 1849 Royale Walk Drive, Phone: 685-1904, spoke in SUPPORT. Mrs. Quarles is a
military spouse and when they moved to the City it was important that their children learned to swim
since water is so prevalent in the City. The TIDE afforded her the opportunity to ensure their children
were safe in and around water.
Ben Tjenito, 2933 Couples Court, Phone: 435-6525, spoke in OPPOSITION. Mr. Venito stated the
YMCA went back on their word. Based on the recent weather, he does not feel it is reasonable to believe
the pool can be used for 11 months out of the year. The spirit of the agreement was to trade valuable
property for a valuable pool and he asked that the YMCA put in writing that the pool will be built
concurrently with the fitness facility.
Jeriy Donelly, 2108 Pleasant Acres Court, Phone.• 342-6017, spoke in OPPOSITION. Mr. Donnelly is a
Managing Partner of One-Life Fitness and advised his opposition is not with the TIDE Swim team but
with the City giving property away without any written agreement. He loves the City and does a lot of
good by giving back to the City. His company pays properry and sales tax to the City while the YMCA
does not. Mr. Donelly requested the City require YMCA to enter a written agreement constructing and
operating a 50-Meter pool 11 months out of the year, with a predetermined date for the cover to be
complete.
Matt Tully, 2424 Tranquility Lane, Phone: 914-443-9512, spoke in OPPOSITION. Mr. Tully requested
the City require a written agreement with YMCA to ensure the benefit for the community.
Ric Zimmerman, 233 OakLane, Phone: 919-801-0147, spoke in OPPOSITION. Mr. Zimmerman is the
CEO of Axel, LLC, and has been involved in the fitness industry for over 30 years. He is currently doing
the contracting work for One-Life Fitness and is a citizen of the City. He was asked to research the costs
of enclosing a pool with a dome and provide information to City Council that such costs are
approximately $700,000 versus the $S-MILLIONproposed by the YMCA.
February 11, 2014
-45-
Item -VI-K.2a
ORDINANCES/RESOL IITIONS
ITEM #6346 7(Contin ued)
Upon motion by Council Lady Henley, seconded by Councilman Martin, City Council ADOPTED, AS
AMENDED, Ordinance to DECLARE property in EXCESS of the City's needs and AUTHORIZE.•
a. Dedication at Dam Neck and Landstown Roads to YMCA of South
Hampton Roads DISTRICT 7- PRINCESS ANNE
Votzng: 9-1
Cozcncil Members VotingAye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, Amelia N. Ross-Hammond, John E.
Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Coarncil Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
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AN ORDINANCE (1) DECLARING 10.35+/- ACRES
OF LAND LOCATED AT THE INTERSECTION OF
DAM NECK AND LANDSTOWN ROADS TO BE IN
EXCESS OF THE CITY'S NEEDS, AND (2)
AUTHORIZING THE DEDICATION OF SAME TO
THE YMCA OF SOUTH HAMPTON ROADS
WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land
located at the intersection of Dam Neck and Landstown Roads (GPINs:1484-79-2884
and 1484-79-2434), consisting of approximately 10.35 acres (the "Property");
WHEREAS, YMCA of South Hampton Roads ("YMCA") desires to construct and
operate a community facility offering recreational and educational programs to serve the
community, inctuding a 40,000 - 45,000 sq. ft. facility and a 50-meter competition pool
on the Property (the "Project");
WHEREAS, the City and YMCA came to a shared understanding regarding each
party's obligations and responsibilities in connection with the Project, which are set forth
in a Term Sheet dated June 1, 2011 (the "Term SheeY'). On June 14, 2011, City Council
approved the Term Sheet by Ordinance ORD-3183F;
WHEREAS, the City and YMCA have negotiated modifications of the Term
Sheet, and on December 10, 2013, City Council approved the modifications, by
Ordinance ORD-3320G;
WHEREAS, YMCA and City staff have negotiated the terms and conditions of a
Development Agreement (the "Development Agreement"), by which the Property would
be dedicated to YMCA in connection with the Project. A summary of terms setting forth
the elements of the Project is attached hereto as Exhibit A(the "Summary of Terms");
and
WHEREAS, the City Council is of the opinion that the Property is in excess of the
City's needs and conveyance of the Property to YMCA, in accordance with the terms set
forth in the Summary of Terms, would allow for the development of a community asset
on the Property for the benefit of the citizens of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the 10.35+/- acres of land located at the intersection of Dam Neck and
Landstown Roads (GPINs:1484-79-2884 and 1484-79-2434) (the "Property"), is hereby
declared to be in excess of the needs of the City of Virginia Beach.
2. That the City Manager is hereby authorized to execute the Development
Agreement and any and all other documents necessary to convey the Property to YMCA,
so long as such documents are in substantial conformity with the Summary of Terms,
47
48
49
50
51
52
53
54
attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions
or modifications as may be acceptable to the City Manager and in a form deemed
satisfactory by the City Attorney.
This Ordinance shall be effective from the date of its adoption.
A?doQted by the Council of the City of Virginia Beach, Virginia, on the 11 th day
of Fe ru ry 2014.
APPROVEaA5`f0 CONTENT
Parks and Recreation
APPROVED AS TO LEGAL
SUFFICIENCY j
7:;:
City Attorney
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EXHIBIT A
SUMMARY OF TERMS
Declare 10.35+/- Acres of Land in Excess of the City's Needs
and Dedicate Same to the YMCA of South Hampton Roads
PROPERTY
OWNER: City of Virginia Beach (the "City")
DEVELOPER: YMCA of South Hampton Roads ("YMCA")
PROPERTY: 10.35+/- acres of City-owned land located at the intersection of Dam Neck
and Landstown Roads (GPINs: 1484-79-2434 and 1484-79-2884)
EXISTING TERMS:
• City to dedicate a portion of the Property to the YMCA "as-is" and subject to
certain restrictions.
• YMCA to construct and operate a facility for recreational and educational
programs and services to the community (the "Project").
• Project to include an approximately 40,000 - 45,000 sq. ft. community facility, and
a 50-meter outdoor competition pool, without being covered by an architectural
membrane at this time.
• YMCA will endeavor to ensure that low and moderate income families and
children residing in the Princess Anne area and surrounding neighborhoods in
the City have membership and program opportunities by providing scholarship
assistance through the YMCA's Sliding Scale program.
• Project design and construction to be consistent with the Princess Anne
Commons Design Guidelines.
• All Project design and construction plans must be reviewed and approved by the
City.
• Project construction to start on or before June 1, 2014.
ADDITIONAL TERMS
YMCA to have the right to lease a portion of the property at nominal rent to
another non-profit for activities consistent with the YMCA's mission such as the
provision of early childhood development services.
CITY PROTECTIONS:
Deed conveying Property to YMCA to contain standard provisions
regarding restrictions on resale and r.everter to City to ensure the Properry is only
used for purposes consistent with the non-profit mission of the YMCA.
Other than contribution of land, City not responsible for any costs
associated with the Project.
-46-
Item -VI-K.2b
ORDINANCES/RESOL UTIONS
ITEM #63468
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to DECLARE properry in EXCESS of the City's needs and AUTHORIZE:
b. Sale at 108 Bob Lane to Grover J. Davis
DISTRICT 6 - BEACH
Yoting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Cozincil Members Voting Nay:
None
Coarncil Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
1 AN ORDINANCE DECLARING THE
2 PROPERTY LOCATED AT 108 BOB LANE
3 (GPIN 2407-74-2417) TO BE IN EXCESS OF
4 THE CITY'S NEEDS AND AUTHORIZING
5 THE CITY MANAGER TO SELL THE
6 PROPERTY TO GROVER J. DAVIS
7
s WHEREAS, the City of Virginia Beach (the "City") is the owner of that
9 certain 6,222 sq. ft. parcel of land located at 108 Bob Lane (the "Property") more
lo particularly described on Exhibit "A" attached hereto and made a part hereof;
11
12 WHEREAS, the City acquired the Property pursuant to the APZ-1
13 Acquisition Program;
14
15 WHEREAS, the City funded the acquisition of the Property through a
16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
17 contributing fifty percent (50%) of the funds;
ls
19 WHEREAS, the Property is in the midst of other residences and at the
20 time of acquisition was improved with a developed duplex that has since been
21 demolished;
22
23 WHEREAS, Grover J. Davis (the "Buyer") owns the adjacent property, and
24 he has requested to purchase the Property in order to utilize it in a manner compatible
25 with the APZ-1 Ordinance;
26
27 WHEREAS, the Buyer desires to purchase the Property in accordance with
28 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof;
29
30 WHEREAS, the APZ-1 Disposition Committee has recommended that City
31 Council declare the Property to be in excess of the City's needs and sell the Property to
32 the Buyer; and
33
34 WHEREAS, the City Council is of the opinion that the Property is in
35 excess of the needs of the City of Virginia Beach.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
38 OF VIRGINIA BEACH, VIRGINIA:
39
40 That the Property located at 108 Bob Lane is hereby declared to be in
41 excess of the needs of the City of Virginia Beach and that the City Manager is hereby
42 authorized to execute any documents necessary to convey the Property to Grover J.
43 Davis in accordance with the Summary of Terms attached hereto as Exhibit "B" and
44 such other terms, conditions or modifications as may be acceptable to the City
45 Manager and in a form deemed satisfactory by the City Attorney.
46
47 Further, that revenue from the sale of the Property in the amount of
48 $6,222 ?hall be received and fifty (50) percent of this amount shall be appropriated to
49 CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50)
50 percent shall be deposited for future payment by the City Manager to refund the
51 Commonwealth's portion in accordance with the grant agreement. A manual
52 encumbrance will be established to ensure that the $3,111 retained by the City will be
53 available for BRAC program acquisitions in future years per the agreement with the
54 Commonwealth.
55
56 This ordinance shall be effective from the date of its adoption.
57
58 Adopted by the Council of the City of Virginia Beach, Virginia, on the
59 llth dayOf February , 2014.
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APPROVED AS TO CONTENT
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APPROVED AS TO CON ENT
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
Ci ttorney' O fic
-47-
Item -VI-K.3
ORDINANCES/RESOL UTIONS
ITEM #63469
Upofi inotion by Councilman Dyer, seconded by Council Lady Wilson, City Council DEFERRED TO
FEBRUARY 25, 2014, BY CONSENT, Ordinance to AMEND §4 of the Agricultural Lands
Preservation (ARP) Ordinance re the definition of "Agricultural Use"
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Coicncil Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
-48-
Item-VI-K.4
ORDINANCES/RESOLUTIONS
ITEM#63470
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ENDORSE the Cavalier Association Project and AUTHORIZE the
State Tourism Gap Financing program
Voting: 8-2
Council Members Voting Aye:
Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane,
Brad Martin, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
Robert M. Dyer
John D. Moss
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
1 AN ORDINANCE TO ENDORSE A
2 PROPOSED TOURISM PROJECT AND
3 AUTHORIZE OTHER ACTIONS
4 CONSISTENT WITH THE STATE TOURISM
5 GAP FINANCING PROGRAM
6
7 WHEREAS, Virginia Code § 58.1-3851.1 (the "Statute") provides a mechanism
8 by which a tourism project may receive certain revenue streams to pay "gap financing"
9 as that term is defined by the Statute; and
10
11 WHEREAS, on December 2, 2008, the City Council (the "Council") amended the
12 City Comprehensive Plan to incorporate the Resort Area Strategic Action Plan (the
13 "RASAP"); and
14
15 WHEREAS, the RASAP identifies a need for transitioning older hotels along the
16 oceanfront to higher quality accommodations and building inventory that promotes year-
17 round visitation; and
18
19 WHEREAS, on March 13, 2012, the Council adopted an ordinance creating a
20 Tourism Zone (the "Zone") and on the same date adopted a resolution approving a
21 Council Policy, "Guidelines for the Tourism Project Gap Financing Program" (the
22 "Policy"); and
23
24 WHEREAS, the entitlement to revenues established by the Statute does not
25 create debt of the State, the City, or the City of Virginia Beach Development Authority
26 ("VBDA"); and
27
28 WHEREAS, the City has received an application from Cavalier Associates, LLC,
29 (the "Developer") requesting financing assistance pursuant to the Statute and the
30 Policy; and
31
32 WHEREAS, the application includes two separate projects: the Historic Cavalier
33 Hotel; and the Oceanfront Cavalier Hotel (collectively, the "Projects"), which collectively
34 request assistance in a funding gap of $18,000,000, which is 12.4% of the projected
35 cost of the Projects; and
36
37 WHEREAS, the Projects are located within the Zone; and
38
39 WHEREAS, the premises of the Projects are described more particularly in the
40 map attached hereto as Exhibit A; and
41
42 WHEREAS, the City staff has reviewed the application from the Developer and
43 finds the Projects to have the following attributes described in Section 5.2 of the Policy:
44 (a) a minimum capital investment of $30 million; (b) when complete, will provide taxable
45 sales of at least $1 million annually; (c) when complete, will increase year-round
46 employment; (d) fills a void identified in the City's Resort Area Strategic Action Plan; (e)
1
47 is located in the City's Tourism Zone; and (fl has submitted proof of the need for gap
48 financing to the satisfaction of the City's Director of Finance; and
49
50 WHEREAS, the City has submitted to the Virginia Tourism Corporation a
51 development plan (the "Tourism Development Plan") as required by the Statute, a copy
52 of such plan is attached hereto as Exhibit B; and
53
54 WHEREAS, to meet the requirements of the Statute, the City and the VBDA will
55 be required to execute a perFormance agreement, a summary of the material terms is
56 attached hereto as Exhibit C.
57
58 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
59 VIRGINIA BEACH, VIRGINIA, THAT:
60
61 1. The Council endorses the Historic Cavalier Hotel and the Oceanfront Cavalier
62 Hotel as projects for purposes of the Statute, and accordingly, the Council finds that the
63 Projects meet a void identified in the City's RASAP and described in more particularity
64 in the Tourism Development Plan;
65
66 2. Subject to approval and certification by the Commonwealth of Virginia and
67 conditioned upon the execution of a perFormance agreement befinreen the Developer,
68 the City, and the VBDA, the Council hereby designates to the Project and directs,
69 subject to appropriation of such funds to the VBDA, an amount equal to the revenues
70 generated by one percent local sales and use tax generated by transactions taking
71 place on the premises of the Projects be applied to the payment of the principal and
72 interest on the qualified gap financing for the Projects for the duration and the purposes
73 set forth the Statute;
74
75 3. Upon collection and quarterly remittance of revenues by the Commonwealth and
76 the access fee, as that term is defined by the Statute, by the Developer of the Projects,
77 the City will remit such amounts to the VBDA as required by the Statute; and
78
79 4. The City Manager is authorized and directed to take actions consistent with the
80 intent of this ordinance including, without limitation, execution of a performance
81 agreement befinreen the Developer, the City, and the VBDA.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day
Of February , 2014.
APPROVED AS TO CONTENT
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Exhibit B
Cavalier Hotel Tourism Development Plan
Section 1: Proposed Project
1-A: Briefly describe the overall scope and concept of your proposed project
The project involves the preservation of the historic Cavalier Hotel, terrace lawn, and Cavalier Drive
Motor Court. Each will be placed on the Historic Registry. This architectural landmark will be
transformed into a 90 - 100 room 5 star hotel and will be complemented with a new 300 room
contemporary hotel across Atlantic Avenue on the oceanfront. Both hotels will offer amenities to guests.
Amenities include a luxury spa/wellness center, a destination restaurant, a hunt room lounge, new
indoor and outdoor pools, recreation facilities, a linear park, gardens, and a parking facility. The
contemporary hotel will offer 90 luxury suites
1-13: What perceived VOID in your local tourism economy will this proposed project fill?
According to the marketing plan (Resort Area Strategic Action Plan, aka RASAP), there is a need for
transitioning older hotels along the oceanfront to higher quality accommodations. Currently, the
Cavalier on the Hill (historic hotel) is in need of major renovations. Many rooms are uninhabitable. The
preservation would transform the hotel into a fully functioning 5 star hotel with amenities; moreover
the current oceanfront hotel is a low-quality hotel. The oceanfront hotel would be replaced with a high
quality hotel accommodating luxury suites.
1-C: Will this proposed project fit into an existing Tourism Zone?
Yes
1-D: The proposed project will accomplish the following:
Projected jobs created by this project = 220 year round and 330 seasonal (total peak 550)
Projected local tax revenue =$17,950,102 (over ten years)
2-A: What attributes best describe your area:
Nature/Outdoor Recreation: Scenic drives, state parks, hiking, camping, lakes, rivers, beaches,
Chesapeake Bay, wildlife watching, motorsports, road cycling, jet aircraft observation, Japanese and
SGA Office
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conservation gardens (opens 2014), disability parks, public playground parks, dog parks, oceanfront
boardwalk walking, agricultural - Farmer's Markets and "Pick your Own."
History/Heritage: Revolutionary, civil war, civil rights, Virginia lndian, African American, European
American, War of 1812, Naval operations, and American colonization
Epicurean/Experiential: Central business district, locally owned restaurants, ethnic foods, resort, fine
dining, spa services, large convention center, and Edgar Casey Foundation.
Sport/Recreation: Boating, sailing, canoeing, kayaking, fishing (fresh and salt), golf, hunting, biking, road
cycling, indoor sky diving (coming 2014), field house sport activities, soccer fields, Sportsplex stadium,
tennis courts, sports tournaments, skateboarding, skydiving, paint ball, jet skiing, marathons, aerial
adventure park (opens 2014), and surfing
Arts/Culture: Museums - marine science, fine art and aviation, historic homes, and colleges
Entertainment/Amusement: Cultural, music, wine, patriotic, art and craft festivals, a water park, go
carting, surfing championships, air shows, shopping malls, street entertainment, firework displays,
amphitheater and fine art concerts.
Do you offer seasonal or year-round experiences: Both
Do you have a peak season: Summer
2-13: What are your major lures and drivers that attract tourists to your area?
Clean wide beaches, family friendliness, low crime, peaceful sandy shores, a variety of entertainment
and recreational venues, museums, golfing, surfing, water sports, fishing, shopping malls, historic homes
and lighthouse, night life, oceanfront hotels, good weather, regional attractions, wildlife refuges, state
parks, shopping malls, and campgrounds.
2-C: What is your unique factor? What sets you apart from the competition?
The City has a:
• Historical hotel (Cavalier on the Hill) where Presidents, movie stars, and other dignitaries stayed
• Historical marker indicating the place where the first Europeans landed in America before
settling in Jamestown
• Historic lighthouse authorized by President George Washington as one of the first federal
government public infrastructures built
• Marine science museum featuring a glass aquarium walk-through tunnel and a large variety of
aquatic animals and interactive exhibits
SGA Office
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• Psychic center featuring Edgar Cayce's (the Sleeping Prophet) lifetime work
• 20,000 seat outdoor amphitheater featuring top entertainment acts
• Military air museum with one of the largest WWI and WWII aircraft collections
• Naval master jet base (only one on the east coast) for jet observations
• Collection of historic homes for touring
• An indoor skydiving facility (opens in 2014)
2-D: Who is your major competition?
Myrtle Beach, SC and Ocean City, MD
3-A: Gauge your tourism infrastructure
How would you rate your transportation? (excellent, average, or weak)
Interstates: Weak
Secondary roads: Average
Signage: Average
Bus travel: Average
Train travel: Average
Air travel: Average
Waterways: Excellent
Taxi service: Average
Bike paths: Average
How would you rate your environment? (strong, average, or weak)
Air quality: Strong
Noise levels: Average
Traffic: Average
Landfills: Strong
Wetlands: Strong
Public health: Average
How would you rate your public services? (strong, average, or weak)
Police force: Strong
Hea Ithcare: Average
Public utilities: Strong
Waste management: Strong
SGA Office
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Rescue support: Strong
Communications: Strong
Public parks/recreation: Strong
3-13: Gauge your tourism economy and business community
How would you rate your accommodations? (strong, average, or weak)
B&Bs: Weak
Inns: Average
Hotels: Average
Resorts: Average
Rental property: Average
Cottages: Strong
Cabins: Weak
Campsites: Average
How would you rate your facilities? (strong, average, or weak)
Universities: Average
Performing arts: Strong
Outdoor parks: Strong
Convention facilities: Strong
Sporting venues: Strong
Event spaces: Strong
How would you rate your attractions? (strong, average, or weak)
Shopping: Average
Dining: Average
Historic: Strong
Museums/Aquarium: Strong
Wineries: Weak
Music festivals: Strong
Zoos/animal parks: Weak
Art galleries: Weak
Nature trails & facilities: Average
3-13: Gauge your local social and cultural assets
SGA Office
1/9/14
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How would you describe your heritage and culture? (strong, average, or weak)
Multi-cultural diversity: Average
Geography: Strong
Architecture: Average
Historical improvements: Strong
Language: Average
Material culture: Average
Aesthetics: Average
Religious diversity: Average
How would you describe your local flavor? (strong, average, or weak)
Visitor friendly: Strong
Civic-mindedness: Average
Respect for diversity: Strong
Political climate: Average
Unity among civic groups: Average
Local sports team support: Average
University/college town: Weak
How would you rate your integrity of the area? (strong, average, or weak)
Safety: Strong
Cleanliness: Strong
Friendliness: Strong
Stability: Average
quality of life: Strong
3-D: Gauge your top 3 strengths, weaknesses, opportunities and threats
Strengths
Pristine beaches
Family friendly environment
Safe community
Threats
Military oriented economy
Lack of high-quality hotels
Continual beach sand replenishment
Weaknesses
Not an international tourism destination
Interstate congestion
Year-round tourism
Opportunities
Youth retention
High technology job creation
Large entertainment venues
SGA Office
1/9/14
6
4-A: Existing market plan submission
Resort Area Strategic Action Plan (RASAP)
4-13: Your marketing plan will have the following affects:
Visitation increased by 50% (undetermined)
Tourist expenditures increased by 60% (undetermined)
Combined development and private sector investments of $10,000,000,000 (undetermined)
Visitor satisfaction increased by 33% (estimate)
Number of partnership participants in your marketing plan is undetermined
SGA Office
1/9/14
EXHIBIT C
SUMMARY OF TERMS
PERFORMANCE AGREEMENT FOR
(1) Historic Cavalier Hotel
(2) Oceanfront Cavalier Hotel
PARTIES: City of Virginia Beach
City of Virginia Beach Development Authority
Cavalier Associates, LLC
TERM: Commencing with the signing of the agreement, until the "gap
financing" is paid in full. However, the Performance Payments, as
described in the Agreement, will not commence until the Project
has transactions that are subject to state sales and use tax.
STATUTORY
AUTHORITY Virginia Code § 58.1-3851.1 governs the Virginia Gap Financing
Program, and all requirements set forth in the Performance
Agreement will be in conformity with this statute.
RECOURSE/
DEBT The entitlement to certain revenues authorized by § 58-3851.1
does not create debt of the City, the VBDA, or the Commonwealth
of Virginia (the "State"). Additionally, the perFormance agreement
will affirmatively state that there is no recourse of the "gap
financing" against the City, the VBDA, or the State.
PERFORMANCE
PAYMENT: If the Project is approved by the Virginia Tourism Corporation and
certified by the State Comptroller as qualifying for such payments,
the Agreement shall provide "Performance Payments" from the
State, the City, and the Project. Each Performance Payment shall
be equal to the revenue generated by one percent of the sales
generated on the premises of the Project. The amount of the
payments shall be provided quarterly based on an amount certified
by the Virginia Tax Commissioner.
METHOD OF
PAYMENT (STATE): After the amount is certified by the Tax Commissioner, the State
portion is remitted from the State Comptroller to the City. The City
remits this amount to the Development Authority.
METHOD OF
PAYMENT (CITY): After the amount is certified by the Tax Commissioner, the City
portion is remitted to the Development Authority.
METHOD OF
PAYMENT
ACCESS FEE: The Developer is responsible for an "access fee" that is equal to the
amount certified quarterly by the Tax Commissioner. The access
fee is remitted from the Developer to the City. The City remits this
amount to the Development Authority.
RESTRICTION ON
USE OF FUNDS: The Development Authority sends quarterly payments directly to
the financial institution in furtherance of the payment of the gap
financing. However, no payment shall be sent until the
Development Authority has all three portions attributable to the
previous quarter.
The only permitted use of the PerFormance Payments is for
principal and interest on the "gap financing." The amount of the
gap financing is $18,000,000 or 12.4% of the total project costs. In
the event that the total amount of the Payments exceeds any
annual debt service on the qualified gap financing, such excess
shall be paid to the principal of the loan until the qualified gap
financing is paid in full.
*:?
.? . „
City Council Policy
Title: Guidelines for the Tourism Project
Gap Financing Program Irudex Number:
Date of Adoption: 3/13/2012 Date of Revision: Page 1 af b
1.0 Pnrrsose a d Need
To transfozxn the Virgiiua Beach Resort from a seasonal venue to a year-
round destination, private deve.Iopment will be necessary; however, some
potenfial tourism pxojects have experienced difficulty obtaining the financing
necessary to make the projects a reality. A means for bridging the financing gap
was established by the General Assembly, codified as § 58.1-3851_1 of the
Virginia Code. This progcam provides additional funding - in the form of cash
flows - once projects are operational that may be directed to closing a financing
gap between the debt and equity a developer currently has and the total
financing requixed by a tourism project. This prograzn may generaliy be referred
to as "Tourism. Project Gap Financing Program" or, as hereinafter referred to as,
the "Program:"
2.0 Policv S _ tement
The purpose of this policy is:
a) To provide guidance to City staff for the evaluation of proposed tourism
projects that seek to utilize the Program;
b) To signal to the development community the types of tourism projects that
would be eligible for the Program and the various steps requued for final
approval; and
c) To infozxn the broader cornmunity of the public pwrpose advanced by the
Program.
Title: Adoption Guidelines for the
Tourism Development Financing Program Iudex Number:
Date of Adopteon: 3i13l2012 J Date of Revision: Page 2 of 6
3.0 Definitions
3.1 Gap Financing - debt financing to compensate for a shortfall in project funding
between the expected development costs of an authorized towrism project and
the debt and equzty capital provided by the developer of the project. Gap
fmancing shall not exceed 20% of the total debt and equity required for a tourism
proj ect.
3.2 Performance Agreement - an agreement between the developer and development
authority. The Performance Agreement shall affumatively state that the
Agreement does not create debt of the State or the City_ The agreement has three
functions. First, the Performance Agreement requires the developer to impose an
"access fee" in the amount of 1% of all transactions occurring on the project
premises. Second, the Performance Agreemexxt establishes minimum
performance requizements for the tourism project including capital investment,
new jobs, or other measureable criteria. Third, the Performance Agreexnent sets
forth the payment of the revenue streams in the arnounts and for the purposes
provided by § 58.1-3851.1 of the Virginia Code.
3.3 Tourism Development Financing Program - a program provided by the General
Assembly allowing state tax, local tax, and private developer "access fee"
revenue streams to be directed to gap financing. This Program does not allow
the crea#ion of new state or local debt either through debt issuance or loan
guazantee(s).
3.4 Tourism Marketing Plan --- a strategic plan adopted by the City Council and
required by Virginia Tourism Authority, which describes the City's action plan
for tourism related development.
3.5 Tourism Zone - a zone designated by the City Council to encourage tourism
related economic activities as provided by § 58.1-3851 of the Virginia Code.
3.6 Qualifying Tourisrrk Pz'oject - a project that fills a vaid identified by the Tourism
Developxnent Plan, is located in the Tourism Zone, meets the approval of City
staff based on the evaluation factors identified in this poiicy, has been endorsed,
by ordinance by the Ciiy Council, has been approved by #he Virginia Tourism
Authority, and has been certified by the State Comptzoller as qualifying for the
entitlement to tax revenues authorized by § 58.1-3 85 1.1 of the Virginia Code.
Title: Adoption Guidelines for the
Tourism Deveiopment Financing Pragram Indez Number:
Date of Adoption: 3/13/2012 FDate of Revision: Page 3 of b
4.0 How the Program Works
4.1 Debt Responsibility. The Program does not create State or City Debt.
4.2 Revenue Flows. The amount of revenue is keyed to one cent of the sales and use
taxes generated on the tourism project preznises. Tbus aanaount is provided froxn the Tax
Commissioner an a quarterly basis. The amount of the lacal tax portion and the "access
fee" are equal to the amount pzovided by the Tax Commissioner. After the completion
of all steps set forth herein, the flow of revenues is as follows:
a) State Sales Taxes (certified by the Tax Commissioner) 4 State Comptroller
remits these revenues to the City --> City remits to t.he Development Autbarity
4 Development Authority, pursuaxxt to the Perfoxnaance Agreenaent, pays to the
Gap Financing.
b) Local Taxes {in an amount equal to the amount certified by the Tax
Commissioner} 4 City remits to the Development Authority 4 Development
Authoriry, pursuant to the Pexfozman.ce Agreexnent, pays to the Gap Financing.
c} "Access Fee" (imposed by project developer and memorialized in the
Performance Agreement; in an amount equal to the amount certified by the Tax
Commissioner) 4 Developez- remats to the City 4 City renaits to the
Development Authority 4 Development Authority, pursuant to the Performance
Agreetnent, pays to the Gap Financrng.
4.3 Prerequisites. Section 58.1-3851.1 of the Virginia Code requires the following
prerequisites:
a) The City Council has to adop# a Taurism Marketing Plan. The Tourism
Marketing Plan provides a description of the types of tounism projects the City
desires as a matter of strategic priority. A Qualifying Tourism Project must fill a
void identified by the Tourism Marketing Plan.
b) The City Council had to adopt a Tourism Zone. A Qualifying Tourism Project
must be located in the Tourism Zone.
c} To qualify for the 1'rogram, the project developer must dernonstrate a shortfall in
project fiuiding between the expected development costs of the proposed touzism
project and the debt and equity capital provided by the developer of tbe project.
Title: Adoption Guidelines for the
Tourism Development Financing Program Index Number:
Date of Adoption: 3/13/2012 Fate of Revision: Page 4 of 6
This shortfall may not exceed 20% of the total project costs_ Proof of such
shortfall must be demonstrated in writing by a financial institution and meet the
satisfaction of the City's Director of Finance. If this writing contains
confidential inforrnation, i# should be so marked for purposes of #he Freedozn of
Infonmation Act_
5.0 Pracess
5.1 Application - Deveiopers seeking to utilize the Pro.gxam sha11 submit an
application to the City of Virginia Beach Strategic Growth Area Office.
• The agplication will include project description, conceptuai design,
geographic parcel iden.tification number (GPLN), anticipated econonai.c
impact, potential spin-off business synergy, e£fect upon tourism, competitive
venues, risk factors, any Virginia Tourism Authority fees, as applicable, and
potential remedies £or risk.
• The applicanon must meet the three requirements set forth in subsection 43,
supra.
5.2 Evaluation - Each application vc+ill be reviewed by a staff revi.ew comznittee.
The review will determine whether the project:
a) Has a minirnum capital investment of $30 million;
b) Will provide taxable sales in the amount of at least $ 1 million per yeax';
c} Will increase year-round employxn:ent;
d} Fiiis a void in the Taurism Marketing Plan;
e) Is located in tlae Tourism Zone;
f) The proof of the need for Gap Financing meets the approval of the City's
Director of Finance;
g) Does not require a grohibitive amount of City mvestment, including
roadvvays, parking, and other infrastructure.
53 BYiefing - After City staff have reviewed the application, a representative from
the Strategic Growth Area Office or other related office will provide a briefing
to the City Council_ At this briefing, the Staff will requ'rre ixa.formal tlirection as
to whether there is preiiminary support for the proposed tourism project If
there is support by the City Council, Staff will provide a sirnilar briefing to the
Developznent Authority.
Title: Adoption Guidelines for the
Tourism Development Financing Program Index Number:
Date of Adoption: 3/1312012 Date of Revision: Page 5 of 6
5.4 Development of a Performance Agreement - After preliminary approval by the
City Council and the Development Authority, Staff and the tourism project
developer will begin work on a Performance Agreement. The Performance
Agreement will do the three functions described in Section 32, supra. Final
execution of the Performance Agreement will be conditioned upon the project
recezving approval by the Virginia Towrism Authority and cezti.ficatian by the
State Comptroller as qualzfying for the entitlement to tax revenues authorized by
§ 58.1-3851.1 of the Virginia Code.
5_5 Project Endorsement Ordinance - Prior to the completion of the Performance
Agreement, City Staff will present an ordinance ta the City Council. The
ordiuzance will provide for the endorsement of the proposed tourism project by
the Council and the willingness, subject to approval by the State and execution
of the Performance Agreement, of the City to allow the project to receive an
anaount of local tax zevenues equal to one eent of the Virgiziia Sales and Use
Tax for all transactions occurring on the project premises.
5.6 Project Submission to the Virginia Tourism Authoriry - After the Council
approval of the ordinance endorsing the proposed tourism project, the City will
farward the application and ordinance(s) to the Virginia Tourism Authority a.nd
to the State Comptroller, as required.
5.7 Execution of Performance Agreement by Project Developer - After the project
has been approved by the Virginia Tourism Autbority and the State Comptroller,
the Perfornaaxice Agreement, in fmal form, will be provided to the project
developer for execution.
5.8 Development Authority Approval - After approvals at the state level and
execution by the project developer, the Development Authority will be
presented with a resolutioaa to approve the Perfornaazxce Agreeznent in final
form.
5.9 Final Approval - If tlus resolution is approved by the Development Authority,
the Chair of the Development Authority will execute the Performance
Agreement.
TitIe: Adoption Guidelines for the
Tourism Develapment Financing Program Index Number:
Date of Adoption: 3/13/2012 Date af Revision: Page 6 of 6
Approved as
to Content:
Approved as
to Content:
Financial Impact:
5?t i 4'
Strate ' Groti th Area Off'ice Date
Direct
Econornic Development
ZDarunent Director
' Finan.ce Directar
Approved as to
Lega1 Su£ficien.cy:
City Attorney
Reviewed by:
Cit Manager
!
APPROVED BY
CTTY COUNCIL:
Mayar
? A//?-
Da e
3 /Z-
Date
14 / t6B rz,
Date
b1?
ate
?//?? /?....
Date
-49-
hem -VI-K.Sa
ORDINANCES/RESOL UTIONS
ITEM #63471
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE:
a. A Lease at Princess Anne and Landstown Roads to Virginia Beach
Professional Baseball (VBPB) re a baseball complex within
Princess Anne Commons
Voting: 10-0
Council Members Yoting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Coirncil Members Voting Nay.
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
1 AN ORDINANCE AWARDING THE LEASE OF CITY-
2 OWNED LAND LOCATED WITHIN PRINCESS
3 ANNE COMMONS FOR THE PURPOSE OF
4 CONSTRUCTING AND OPERATING A BASEBALL
5 COMPLEX
6
7 WHEREAS, the City of Virginia Beach (the "City") owns several parcels of land
8 within Princess Anne Commons near the intersection of Princess Anne and Landstown
9 Roads (portions of GPINs: 1484-87-9998, 1484-86-9245, 1484-87-1819 and 1494-24-
10 9673) (the "Praperty");
11
12 WHEREAS, the City was approached by two entities interested in building a
13 youth baseball complex;
14
15 WHEREAS, after briefing City Council on August 13, 2013, staff was directed to
16 proceed with seeking interest in the project through an open and competitive process;
17
18 WHEREAS, on September 6, 2013, the City issued its Request for Statements of
19 Interest and Qualification seeking proposals for the lease of a portion of the Property,
20 for the development, operation, management and maintenance of a youth baseball
21 complex and additional athletic facilities, and received four (4) responses;
22
23 WHEREAS, pursuant to §15.2-2101 of the Code of Virginia, as amended, the
24 City advertised its invitation for bids to lease up to 120 acres of the Property (the
25 "Premises") for the construction, operation and maintenance of a professional baseball
26 stadium, tournament fields, and sport-related commercial and retail space;
27
28 WHEREAS, on February 11, 2014, City Council opened and reviewed all
29 responsive proposals, and determined that the proposal submitted by Virginia Beach
30 Professional Baseball ("VBPB") to build (1) an approximately 5,000 seat professional
31 baseball stadium with 2,000 berm seats (the "Stadium"), (2) a youth baseball complex
32 with 13 fields (the "Youth Complex"), (3) an approximately 60,000 sq. ft. of commercial
33 retail and office space (the "Commercial Space"), and (4) an additional four
34 baseball/softball fields at the Princess Anne Athletic Complex (the "PAAC Fields", and
35 collectively with the Stadium, Youth Complex and Commercial Space, the "Project");
36 provides the most benefits to the City; and
37
38 WHEREAS, VBPB and the City desire to enter into a lease agreement for the Premises,
39 for a period of up to 30 years, in accordance with the terms and conditions set forth in
40 the Summary of Terms attached hereto as Exhibit A.
41
42 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
43 OF VIRGINIA BEACH, VIRGINIA:
44
45 That the City Manager is hereby authorized to execute a lease befinreen VBPB
46 and the City, for the term of thirty (30) years for the Stadium and Commercial Space
47 and for up to thirty (30) years for the Youth Complex, in accordance with the Summary
48 of Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms,
49 conditions or modifications that may be acceptable to the City Manager and in a form
50 deemed satisfactory by the City Attomey.
51
52 Adopted by the Council of the City of Virginia Beach, Virginia on the 11 t hday of
53 Fahru ary , 2014.
APPROVED AS TO LEGAL
SUFFICIENCY AND-F6RM:
i ,-
City Attorney
APPROVED AS TO Cr2)NTENT:
Dept.,4Parks and Recreation
CA12761
\\vbgov.com\DFS t VAppl icationslCityLawProd\cycom32\W pdocs\D019\Po 17W0102484.docx
R-1
February 3, 2014
EXHIBIT A
SUMMARY OF TERMS
LEASE OF CITY-OWNED LAND LOCATED WITHIN
PRINCESS ANNE COMMONS FOR THE PURPOSE OF
CONSTRUCTING AND OPERATING A BASEBALL COMPLEX
LESSOR: City of Virginia Beach (the "City")
LESSEE: Virginia Beach Professional Baseball, LLC ("VBPB")
PREMISES: 120 +/- acres of land located within Princess Anne Commons near the
intersection of Princess Anne and Landstown Roads (Portions of GPINs:
1484-87-9998, 1484-86-9245, 1484-87-1819 and 1494-24-9673)
TERM: Stadium and Commercial Space - Thirty (30) year land lease
Youth Complex - Fifteen (15) year land lease with up to five (5) three-
year renewal options, for a total lease term not to exceed thirty (30) years
RENT: Rent shall be one dollar ($1.00) per year
USE: VBPB's proposal included three parts:
Stadium and Commercial Space
0 5,000 seat stadium with 2,000 berm seats and associated parking
¦ Primary tenant: Independent Atlantic League Team
¦ Secondary tenant: Coastal Plain League, a summer wooden bat
league
• Youth Complex
0 13 lighted diamond fields (10 with artificial turf) and
approximately 1,200-space parking lot
¦ Host national, regional and local baseball and softball
tournaments
Community league games and tournaments
Collaborate with CVB Sports Marketing and Parks and
Recreation to book tournaments and develop Virginia Beach
hotel/restaurant packages for participants
• Princess Anne Athletic Complex (PAAC)
0 4 Baseball/Softball Fields
¦ VBPB to construct four (4) new baseball/softball fields for
public use.
VBPB to have exclusive use of 12 PAAC fields for three (3)
weekend tournament events per year, and weekday use before
3 p.m. for training, clinics and camps during those three (3)
weeks annually.
Page lof 2
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Responsible for all construction, operation and maintenance costs. Final
improvements will be made consistent with the Princess Anne Commons Design
Guidelines.
• Responsible for capi
of:
o Years 1-5:
o Years 6-10:
o Years 11-20:
o Years 21-30:
tal infrastructure renewal and replacement at a contribution
$250,000
$350,000
$400,000
$450,000
• Responsible for payment of all applicable taxes and utilities in connection with
leasing the Premises.
RESPONSIBILITIES OF THE LESSOR:
• Incentive payrnents to VBPB equal to a portion of the admissions and real estate
and/or leasehold taxes actually paid by VBPB annually at stadium and youth
baseball complex at a rate o£
o Years 1-5: 85% with no cap
o Years 6-10: 75% with no cap
o Years 11-20: 60% with no cap
• Widen Landstown Road to serve the new youth complex as well as planned
municipal uses of City-owned land within the Interfacility Traffic Area south of
Princess Anne Commons.
\\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D016\P013\00010818. DOC
Page 2of 2
-50-
Ite»a -VI-K.Sb
ORDINANCES/RESOL UTIONS
ITEM #63472
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE:
b. A Memorandum of Agreement between Hampton Roads Sanitation
District (HRSD) and its member localities re the Regional Wet
Weather Management Plan
Voting: 9-1
Coaincil Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, Amelia N. Ross-Hammond, John E.
Uhrin, Rosemary Wilson and James L. Wood
Coztncil Members Voting Nay:
John D. Moss
CoTincil Members Absent.•
Mayor William D. Sessoms, Jr.
Item -VI-K.Sc
February 11, 2014
1 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
2 MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF
3 VIRGINIA BEACH, A MEMORANDUM OF AGREEMENT
4 BETWEEN THE HAMPTON ROADS SANITATION DISTRICT AND
5 ITS MEMBER LOCALITIES PERTAINING TO THE FUNDING AND
6 IMPLEMENTATION OF THE REGIONAL WET WEATHER
7 MANAGEMENT PLAN
8
9
10 WHEREAS, Hampton Roads Sanitation District ("HRSD") provides wastewater
11 transmission and treatment services for the cities of Chesapeake, Hampton, Newport News,
12 Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Town of
13 Smithfield; and the counties of Gloucester, Isle of Wight, and York; and the James City Service
14 Authority (each a"Locality" and collectively, the "Localities"); and
15
16 WHEREAS, the Localities individually own and operate sanitary sewer collection
17 systems, which collect sewage within their individual jurisdictional boundaries and deliver it to
18 the HRSD sewer system for conveyance and treatment; and
19
20 WHEREAS, the Localities, including Virginia Beach, are required pursuant to the
21 Special Order By Consent, as amended, issued by the Virginia Water Control Board on
22 September 26, 2007 to develop a Regional Wet Weather Management Plan ("RWWMP") that
23 will ensure adequate wet weather sewer capacity in HRSD's portion of the regional sewer
24 system; and
25
26 WHEREAS, during the ongoing planning for the RWWMP, HRSD and the Localities
27 conducted a study to determine if HRSD's ownership of the Localities' sewer systems would
28 provide significant capital and operational cost savings to the region's ratepayers under the
29 RINWMP; and
30
31 WHEREAS, the regional study, which was completed in the summer of 2013, estimated
32 that HRSD's ownership of the regional sewers could potentially save the overall region's
33 ratepayers more than One Billion Dollars over a 30-year period in capital and
34 operation/maintenance costs, as compared to a scenario where HRSD and the Localities
35 independently seek to address wet weather capacity needs, although the amount of savings
36 varied significantly among the Localities; and
37
38 WHEREAS, full regionalization of the Localities' sewer systems is unlikely at this time
39 for a variety of reasons;
40
41 WHEREAS, a significant portion of the estimated savings from full regionalization can
42 nevertheless be obtained for the benefit of the region's ratepayers if HRSD agrees to take sole
43 responsibility for financing and implementing the approved RVWVMP across the entire regional
44 sewer system; and
45
46 WHEREAS, the Localities and HRSD have negotiated a proposed Memorandum of
47 Agreement setting forth the duties and responsibilities of the parties thereto regarding HRSD's
48 assumption of sole responsibility for financing and implementing the approved RVWVMP
49 across the entire regional sewer system; and
50
51 WHEREAS, the City Council finds that the City's obligations under the proposed
52 Memorandum of Agreement are fair and reasonable and that the benefits of entering into the
53 said Memorandum of Agreement, including the anticipated future cost savings to HRSD's
54 ratepayers within the City, significantly exceed the City's cost of perForming its obligations
55 thereunder;
56
57 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
58 VIRGINIA BEACH:
59
60 That the City Manager is hereby authorized and directed to execute on behalf of the
61 City of Virginia Beach the aforesaid Memorandum of Agreement, a Summary of the Material
62 Terms of which has been exhibited to the City Council and a true copy of which is on file in the
63 Department of Public Utilities.
64
65 iith
66 Fe b rAg$gted by the City Council of the City of Virginia Beach on the day of
67 , 2014.
68
69
70
71 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI NCY:
72 .
73 W?hVtAf .
74
75 Public Utilities Department City Attorney's O ice
76
77 CA-12878
78 January 17, 2014
79 R-3
2
MEMORANDUM OF AGREEMENT
HAMPTON ROADS SANITATION DISTRICT AND THE CITY OF VIRGINIA BEACH
SUMMARY OF MATERIAL TERMS
PARTIES: All Hampton Roads localities, including the City of Virginia Beach, and HRSD
SUBJECT: An agreement in which HRSD agrees to assume overall responsibility for
development and implementation of the Regional Wet Weather Management Plan (RWWMP)
PURPOSE: To define the roles, responsibilities, and obligations of HRSD and the Localities
with respect to the development, financing, and implementation of the RWWMP and to identify
the areas of mutual cooperation and support required of the parties.
CITY OBLIGATIONS:
Maintain and operate the sanitary sewer collection system and any
improvements made by HRSD, in accordance with the City's approved
management, operation and maintenance (MOM) plan;
2. Cooperate with HRSD, including the provision of sanitary sewer system data,
timely processing of permits and approvals, and reasonable accommodation of
contractor requests to facilitate HRSD's development and implementation of
the RWWMP;
3. Cooperate with HRSD, the other localities, and DEQ to modify HRSD's
federal Consent Decree, and the locality Regional Order of Consent to make
them consistent with this agreement;
HRSD OBLIGATIONS:
1. Develop, implement, and fund (thru a uniform charge to its customers), an
affordable and cost-effective RWWMP;
2. After constructing a project, provide record drawings and other related
information to Virginia Beach, obtain and enforce warranties for the work,
and convey the project and related assets to Virginia Beach;
3. After implementing the RWWMP, assume responsibility for capacity related
issues, regulatory liability, and reasonable third-party liability for capacity
related wet weather overflows, as defined by the RWWMP;
4. Coordinate and cooperate with Virginia Beach, including complying with
local ordinances, regulations, policies, design standards, and local preferences
in the development and implementation of the RWWMP;
5. Cooperate with Virginia Beach, the other localities, and DEQ to modify
HRSD's federal Consent Decree, and the locality Regional Order of Consent
to make them consistent with this agreement;
OTHER: This Agreement shall terminate if HRSD's Federal Consent Decree is not
amended as contemplated by this agreement, or if the State Special Order by Consent is not
amended to relieve the Localities of any obligation to develop, fund, and implement independent
Regional Wet Weather Management Plans, or upon the written agreement of all Parties.
-51-
ORDINANCES/RESOL UTIONS
ITEM #63473
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE:
c. A Deed of Release and Exchange re an Agricultural Lands
Preservation (ARP) easement for the Ralph Lee Frost family at
Land of Promise and Blackwater Roads DISTRICT 7-
PRINCESS ANNE
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Coaincil Members Absent:
Mayor William D. Sessoms, Jr.
COUNCIL LADYHENLEYDISCLOSED ONITEM #Sc (ARP - RALPH FROST FAMILY) she owns
[and in the ARP area and the City Attorney advised it is NOT NECESSARY for her to ABSTAIN.
Council Lady Henley's correspondence of February 11, 2014, is hereby made a part of the record.
February 11, 2014
1 AN ORDINANCE AUTHORIZING AND DIRECTING
2 THE CITY MANAGER TO EXECUTE A DEED OF
3 RELEASE AND EXCHANGE PERTAINING TO AN
4 AGRICULTURAL LANDS PRESERVATION
5 EASEMENT LOCATED ON LAND OF RALPH LEE
6 FROST FAMILY TRUST AND ON LAND OF IRENE T.
7 FROST TRUST
8
9 WHEREAS, on April 23, 1997, the City of Virginia Beach (the "City") and Ralph Lee Frost,
10 Trustee of the Ralph Lee Frost Trust under Declaration of Trust dated December 14, 1990
11 ("Ralph Frost Trust") entered into IPA #1997-1, whereby the City acquired an Agricultural Lands
12 Preservation Easement ("Preservation Easement") upon certain property owned by Ralph Frost
13 Trust;
14
15 WHEREAS, as part of the aforesaid transaction, Ralph Frost Trust reserved for future
16 development a portion of the property having an area of 3.000 acres, more or less, such that the
17 Preservation Easement does not encumber the reserved area;
18
19 WHEREAS, on April 23, 1997, the City of Virginia Beach (the "City") and Irene T. Frost
20 ("Irene Frost") entered into IPA #1997-3 whereby the City acquired a Preservation Easement
21 upon certain properly owned by Irene Frost;
22
23 WHEREAS, by deed recorded as Instrument Number 20100608000559720, the successor
24 trustees of Ralph Frost Trust conveyed its land to the successor trustees of the Ralph Lee Frost
25 Family Trust ("Family Trust") subject to the Preservation Easement;
26
27 WHEREAS, by deed recorded as Instrument Number 20081016001206200, Irene Frost
28 conveyed her land to Irene T. Frost, Trustee of the Irene T. Frost Trust dated December 14, 1990
29 ("Irene Frost Trust"), subject to the Preservation Easement;
30
31 WHEREAS, the Family Trust and the Irene Frost Trust desire to exchange one area of
32 land not encumbered by the Preservation Easement for another area of land which is to be
33 encumbered by the Preservation Easement, as shown on the attached plat entitled "Exhibit
34 showing Amended Easement Exception Site on A Portion of the Property of the Ralph Lee Frost
35 Family Trustee I.N. 20100608000559720 M.B.144 P. 35 and the Irene T. Frost Trust I.N.
36 20081016001206200 M.B. 144 P. 35 for the City of Virginia Beach Agricultural Reserve Program
37 Virginia Beach, Virginia", Scale: 1" = 60', dated November 22, 2013;
38
39 WHEREAS, a portion of the land to be released from the Preservation Easement is on
40 property owned by Irene Frost Trust and the remainder of land to be released from the
41 Preservation Easement is on property owned by the Family Trust;
42
43 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance
44 (hereinafter "Ordinance"), a landowner may petition the City Council for the extinguishment of a
45 Preservation Easement in exchange for the conveyance to the City of a Preservation Easement
46 on a different portion of the landowner's property, under certain conditions set forth in the
47 Ordinance; and
48 WHEREAS, the Ordinance provides that the City Council shall approve such an exchange
49 if it makes certain findings enumerated in the Ordinance; and
50
51 WHEREAS, the City Council does hereby make such findings, to-wit:
52
53 (1) the acquisition of the proposed Preservation Easement in lieu of the existing
54 Preservation Easement does not adversely affect the City's interests in accomplishing the
55 purposes of the Ordinance;
56
57 (2) the proposed Preservation Easement area meets all of the eligibility requirements
58 set forth in Section 7 of the Ordinance;
59
60 (3) the land to be encumbered by the proposed Preservation Easement is of at least
61 equal fair market value, is of greater value as permanent open space, and of as nearly as
62 feasible equivalent usefulness and location for use as permanent open-space land as the
63 property on which the existing Preservation Easement is located; and
64
65 (4) the consideration for the acquisition of the new Preservation Easement consists
66 solely of the extinguishment of the existing Preservation Easement.
67
68 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
69 VIRGINIA BEACH:
70
71 That subject to the determination of the City Attorney that there are no defects in title to
72 the property to be placed under the Preservation Easement or other restrictions or encumbrances
73 thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, the
74 City Manager be, and hereby is, authorized and directed to execute the necessary documents
75 pursuant to which the City releases the existing Preservation Easement on a portion of the
76 properties, as shown on the aforesaid plat, and acquires, in exchange therefore, land greater in
77 area to be placed under the Preservation Easement, as shown on such plat.
78
79 Ado ted by the City Council of the City of Virginia Beach, Virginia, on thisl 1 t h day of
$0 Februar? 2014.
,
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Dept. of Agriculture
?,t;?7C:(? ?: ?/'V?Z,????U?
City Attorney
CA12773
X:\OID\REAL ESTATEWRP\Baum-Exchange\arpexchangeordin.doc
R-1
January 16, 2014
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City of Virgiriia Beach
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s ?F OUR NAl'oNS
BARBARA M.HENLEY
CITY COUNCIL MEMBER - PRINCESS ANNE - DISTRICT
7
In Reply Refer to 0051193
February 11, 2014
Mrs. Ruth I-Iodges Fraser, MMC
City Clerk
Municipal Center
Vi?•ginia Beach, Virginia 23456
VBgOV.COIII
PHONE: (757) 426-7501
BARBARA@BARBARAHENLEY.COM
Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H)
llcar Mrs. Fraser:
Pursuant to the State and Local Government Conflict of Interests Act, I make the
following declarations:
l. I am executing this written disclosure regarding City Council's discussion and vote on
the ordinance to amend section 401 of the City Zoning Ordinance pertaining to farm
stands in agricultural districts.
2. I have an ownership interest in Henley Parm, L.Y., and its principal office address is 3513
Charity Neck Road, Virginia F3each, Virginia 23456. Henley Farm, L.P. operates farin
stands in the City's agricultural districts.
3. I ain amember of a group of three or more pei-sons-owncrs of businesses that operate
farm stands in the City's agricultural districts--the members of which are affected by the
transaction.
4. I ain able to participate in this transaction fairly, objectively, and in the public interest.
3513 CHARITY NECK ROAD, VIRGINIA BEACH, VIRGINIA 23456
Mrs. Ruth Hodges Fraser -2- February 11, 2014
Re: Diselosure Pursuant to Conflict of Interests flct § 2.2-3115(H)
Accordingly, I respectfully requcst that you i-ccord this declaration in the officia] recoi°ds
of City Council.
Sincerely,
?,.. ?.
Barbara M. Henley
Councilmember
BML-I/RRI
-52-
Iteni -VI-K.Sd
ORDINANCES/RESOL UTIONS
ITEM #63474
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE.•
d. A Utility Service AgYeement with the City of Chesapeake re the
provision of sewer and water services to Charlestown Shores
Voting.• 10-0
Council Members Yoting Aye.
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A UTILITY SERVICE
3 AGREEMENT BETWEEN THE CITY OF VIRGINIA
4 BEACH AND THE CITY OF CHESAPEAKE FOR
5 THE PROVISION OF SEWER AND WATER
6 SERVICES TO CHARLESTOWN SHORES
7
8 WHEREAS, Centerville II (the "Developer") owns and is developing a residential
9 development containing approximately 17.365 acres, to be known as Charlestown
10 Shores located within the boundaries of the City of Chesapeake ("Chesapeake"), near
11 the boundary between Chesapeake and the City of Virginia Beach ("Virginia Beach");
12
13 WHEREAS, Chesapeake desires for the lots located in Charlestown Shores to
14 be served by municipal sewer and water, but does not have facilities available to
15 provide said services;
16
17 WHEREAS, Virginia Beach desires to cooperate with Chesapeake and enter into
18 a Utility Service Agreement to provide necessary services, based on the terms and
19 conditions set forth in the Summary of Terms, attached hereto as Exhibit A;
20
21 WHEREAS, upon completion of design and installation of the necessary sewage
22 collection facilities and potable water distribution facilities (the "Facilities") within
23 Charlestown Shores, the Developer will dedicate the same to Virginia Beach; and
24
25 WHEREAS, the Facilities will become a part of the Virginia Beach Public Utilities
26 System, and Virginia Beach will have the right to provide water services and sewer
27 services and collect the related fees.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 That the City Manager is hereby authorized to execute a Utility Service
33 Agreement befinreen the City of Virginia Beach and the City of Chesapeake governing
34 the terms and conditions of the operation and maintenance of the Facilities to service
35 Charlestown Shores, located within the City of Chesapeake, in accordance with the
36 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such
37 other terms, conditions or modifications as may be acceptable to the City Manager and
38 in a form deemed satisfactory by the City Attorney.
39
40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th
41 day of February , 2014.
APPROVED AS TO
CONTENT:
7;T
Dept. of Public Utilities t
CA12758
\\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d011\p012\00033726.doc
R-1
January 17, 2014
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
EXHIBIT A
SUMMARY OF TERMS
UTILITY SERVICE AGREEMENT FOR
CHARLESTOWN SHORES (CHESAPEAKE, VIRGINIA)
PARTIES: City of Virginia Beach ("Virginia Beach"), City of Chesapeake
("Chesapeake"), and Centerville II, LLC ("Developer")
DEVELOPMENT: Approximately 17.365 acres to be developed into a
residential community to be known as Charlestown Shores
located within the boundaries of Chesapeake near the
boundary of Chesapeake and Virginia Beach
FACILITIES
AND SERVICES: Virginia Beach to own sewage collection facilities and
potable water distribution facilities ("Facilities") to provide
water and sewer services to the Development
RIGHTS AND RESPONSIBILITIES OF CHESAPEAKE:
• Allow Virginia Beach City Code governing water and sewer services and
fees to be in full force and effect in the Development.
• Expedite any permits needed and apply the same criteria thereto as if the
Chesapeake Department of Public Utilities were the applicant.
RIGHTS AND RESPONSIBILITIES OF VIRGINIA BEACH:
• Facilities shall become a part of the Virginia Beach Public Utilities System.
• Shall have the right to provide water service and sewer service to the
Development and collect from the residents the normal and standard fees.
• Shall have perpetual access within Chesapeake's streets, easements, and
rights-of-way as necessary for maintenance of the Facilities.
RIGHTS AND RESPONSIBILITIES OF DEVELOPER:
• Shall be responsible for obtaining compliance with all applicable
ordinances pertaining to the Development.
• Shall design and install the Facilities for the Development in accordance
with the standards and specification of Virginia Beach Dept. of Public
Utilities.
• Shall dedicate the Facilities to Virginia Beach upon completion.
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SUBDMSION PLAN
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-53-
Iteiri -VI-K.6a/b
ORDINANCES/RESOL UTIONS
ITEM #63475
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, CAPE HENRY LIGHTHOUSE Phase II restoration project:
a. Resolution to AUTHORIZE and EXECUTE Agreements Ye:
Administration
b. Ordinance to ACCEPT and APPROPRIATE $200, 000
Voting: 1 0-0
Council Members Yoting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Poting Nay:
None
Coaincil Members Absent.•
Mayor William D. Sessoms, Jr.
February 11, 2014
1 A RESOLUTION AUTHORIZING THE CITY
2 MANAGER TO EXECUTE TWO
3 AGREEMENTS FOR THE ADMINISTRATION
4 OF THE CAPE HENRY LIGHTHOUSE
5 RESTORATION PROJECT
6
7 WHEREAS, the Virginia Department of Transportation ("VDOT") awarded
8 funding for a grant under the Federal Intermodal Surface Transportation Efficiency Act
9 ("ISTEA") to the City for a two hundred thousand dollar ($200,000) project for the
10 restoration of the Cape Henry Lighthouse ("Lighthouse") in July 1994; and
11
12 WHEREAS, the Lighthouse is owned by the Association for the Preservation of
13 Virginia Antiquities ("Preservation Virginia"); and
14
15 WHEREAS, the Lighthouse Restoration Project ("Project") was designed to
16 provide restoration and preservation to the exterior structure of the lighthouse, and to
17 improve the access and safety of visitors climbing to the top of the structure; and
18
19 WHEREAS, on June 23, 1998, the City and VDOT entered into a project
20 administration agreement for expenditures to be reimbursed by VDOT under the ISTEA
21 grant for the restoration of the Lighthouse ("VDOT Agreement"); and
22
23 WHEREAS, on May 1, 1998, the City and Preservation Virginia entered into a
24 written agreement for the restoration of the Lighthouse ("AgreemenY'); and
25
26 WHEREAS, Phase I of the Project was completed in 2002 and provided
27 improved access to the top of the Lighthouse; and
28
29 WHEREAS, Phase II of the Project was intended to restore the base of the
30 Lighthouse, and work was not completed under the Agreement; and
31
32 WHEREAS, in 2011, VDOT awarded funding to the City for a grant under ISTEA
33 for approximately one hundred ninety-five thousand dollars ($195,000) for the Project;
34 and
35
36 WHEREAS, the grant required a twenty percent (20%) match of estimated
37 project costs, or eighty-eight thousand seven hundred fifty dollars ($88,750), from the
38 local sponsor; and
39
40 WHEREAS, Preservation Virginia, as the owner of the Lighthouse, agreed to
41 provide the twenty percent (20%) match and in March 2012, in furtherance of continuing
42 Phase II of the Project, the City and Preservation Virginia entered into an agreement to
43 memorialize their respective obligations pursuant to the 2011 grant; and
44
45 WHEREAS, also in March 2012, the City and VDOT executed an agreement for
46 expenditures to be reimbursed by VDOT under the ISTEA grant for the Project; and
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WHEREAS, most recently, in June 2013, VDOT awarded additional funding to
the City for a grant under the ISTEA successor program, Moving Ahead for Progress in
the 21 St Century ("MAP-21 "), for approximately $160,000 to complete Phase II of the
Project; and
WHEREAS, the grant again requires a twenty percent (20%) match of estimated
project costs, or forty thousand dollars ($40,000), from the local sponsor; and
WHEREAS, Preservation Virginia has again agreed to provide the twenty percent
(20%) match; and
WHEREAS, the City and Preservation Virginia wish to amend their March 2012
agreement to memorialize their respective obligations pursuant to the new, MAP-21
grant award; and
WHEREAS, the City is preparing to enter into an agreement with VDOT for
expenditures to be reimbursed by VDOT under the ISTEA/MAP-21 grant for the Project
totaling six hundred forty-four thousand and ninety dollars ($644,090,000); and
WHEREAS, this Project will provide additional funding for restoration and
preservation of the base of the Lighthouse.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager hereby is authorized to execute (1) an Agreement
between the City of Virginia Beach and Virginia Department of Transportation for the
administration of the Cape Henry Lighthouse Restoration Project; and (2) a First
Amendment to the Agreement between the City of Virginia Beach and the Association
for the Preservation of Virginia Antiquities for Renovations to Cape Henry Lighthouse.
Adopted by the Council of the City of Virginia Beach, Virginia, on the i i th day
Of February , 2014.
APPROVED AS TO CONTENT
A r n ? ?- 6?tll?
Department of Museums
APPROVED AS TO LEGAL SUFFICIENCY:
A."y I
City Attorney's ffice
CA 12865
R-3
February 3, 2014
Summary of Terms
f'ii-st Amendiiient to Agreement Between the City of Virginia E3each and the Association for the
Preservation of Virginia Antiquities for Renovations to Cape Hen?y Lighthouse
Term: Agreement is effective upon execution, and expires on Dccember 31, 2019.
Responsibilities of'Preservation Virginia:
• In addition to obligations set forth in the original Agreement, Preservation Virginia shall
provide additional funding for the Project in the amount of $40,000.
• Pay City's invoices within 20 days of receipt.
Responsibilities of the City:
• Bill Preservation Virginia in the amount of $17,750 on March 28, 2017 and March 28, 2018,
and $4,500 on March 28, 2019.
• Use additional funding in furtherance of the recommendations set forth in, "Cape I-Ieniy
Lighthouse ISTEA Funded Improvements," as prepared by Preservation Virginia in 2010.
.?( C)py! .
?
COLPYlVJLi1'L. v W81ALA H of VM.RGYNIIA
DEPARTMENT OFTRANSPORTATION
5401 EAST BROAD STREET
RICWMOND, ViRGINIA 23219-2060
GREGORY A. WHIRLEY
COMMISSIONER OF HVGHWAYS
Scpternber 16, 2013
Ntr. Mark A. keed
Historic Resources Coordinator
Cit?y of Virgiriia Beach
3131 Virginia Beach Boulevard
Vir-inia Beach, VA 23452
SUB:IECT: EN94-134-V21 (UPC 15149/104050)
City of Virgiliia Beach, Cape Heiiry Lighthoase
'l,ransmittal of Revised Appendix A
I)ear V1r. Reed:
Ericlused are three (3) copies of 1;he revised Appendix A for the subject project. This revision to
Appeiidix A addresses therecent $160,000 TranspoT-tation Alt.ernatives Progr,un allocation by the
ConunonN-ve.altll T'ransportat:ion Board in June 201
?.
Aft ;r yorar review, ple.ase sign and return all copics to this oltice. Unce fuily executed, a copy
wilJ be sent to you -Cor- yqur recor.ds. Please do not besitate t« call me at. (404) 786-7399 if you
haveany questions.
Since?ely,
? ?.
ai ?a «illiams
Enki,ulcerrient 1'rogram Mailaber
Appendix A
Project Number: EN94-134-V21 UPC; 151491104050 Locality: City of Virginia Beach
Project Location ZIP+4: 23451-8048 Locality DUNS# 074736299 Locality Address (incl ZIP+4):
23452-6923
. .
Scope: Restoration oi Cape Henry l.ighthouse in Virginia Beach
Locality Project Manager Contatt Info: Mark A. Reed, Historic Resources Coordinator, City of Virginia Beach, 3131 Virginia Beach 8oulevard,
Virginia Beach, VA 23452, (757)385-5104, mreedgvbqov.com
DeparEment Project Coordinator Contact Info: Anthony Gibson, Hampton Roads District, Anthonv Glbson(cDVDoT.Vfrainia. ov (757)925-1635
Pil
Phase
Estimated Project Costs Estimated Eligible
Project Gosts Estimated Eligible VDOT
Project Expenses Reimbursement to
Locality
Preliminary Engineering $201,329
Right of Way 8 Utilities $0
Construction $442,761 ............,
Total Estimated Cost $644,090 $515,000 $15,000 $340,000
Total Maximum Reimbursemenf ! Pa ment b Locality to VDOT NIA
Total Maximum Reimbursement b VDOT to Localit $355,060
. .. . . . ..?,-r..dar, . . .L'
A B C D E
7ransportation
Enhancement(BO%) Transportation Alternatives
(80%) Local Match (20%) Local Funds (100%) Aggregate Allocations
(A+B+C)
$355, 000 $160, 000 $128, 750 $340 $644, 090 I
• This project shall be administered in accordance with VDOT's Localiy Administered Projects Manual and 7ransportation Alternatives Program
Guide
. Any expenses above the combined federal (80%) and iocai (minimum 20% match) will be at 100% project sponsor cost.
100% of eligible VDO7 project expenses wili be recovered as follows:
• 20°/ wVil be deducted from reimbursement requesis.
• 80'o will be deducted from the Federal EnhancemenUAltematives allocation amount.
ny ineligible items identified throughout project development will noi be reimbursablo.
For Transportation EnhancemenVAlternatives projecls, the LOCAL{TY shall maintain the Project, or have it mainfained, in a manner satisfactory to
the Depariment or Its authorized represenlatives, and make ample provision each year for such maintenance unless olherwise agreed to by the
Department
In accordance with CTB policy, the project must be compleled and the $515,000 EnhancementlAltematives al{ocation expended by October 1, 2016
or the project may be subject to de-allocation.
t his attachment is certifled and made an officia! attachment to this document by the parfies to this agreement
Authorized Locality Official and date
Authorized VDOT Otficial
Recommendation and Date
Typed or printed name of person signing
Typed or prinied name of person signing
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
FEDERAL AND MISCELLANEOUS REVENUE TO CIP #9-
276 CAPE HENRY LIGHTHOUSE RESTORATION -
PHASE II
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That $160,000 federal pass-through revenue is hereby accepted from the
Virginia Department of Transportation and appropriated, with estimated
federal revenue increased accordingly, to CIP 9-276 Cape Henry
Lighthouse Restoration - Phase II; and
2. That $40,000 is hereby accepted from the Association for the Preservation
of Virginia Antiquities and appropriated, with estimated miscellaneous
revenue increased accordingly, to CIP 9-276 Cape Henry Lighthouse
Restoration - Phase II.
Adopted by the Council of the City of Virginia Beach, Virginia on the >> r h
day of February 2014.
Requires an affirmative vote by a majority of all members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
?'- ?. a _ GBudget and Management Serv' es 't y's ice
CA12872
R-1
December 30, 2013
-54-
Item -VI-K.7
ORDINANCES/RESOL UTIONS
ITEM #63476
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to GRANT Franchise Agreements to Gold Key/PHR Food Services, LLC
re Open Air Cafes at 3315 Atlantic Avenue
Voting: 10-0
Coaincil Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Cocancil Members Voting Nay:
None
Council Members Absent.•
Mayor William D. Sessoms, Jr.
February 11, 2014
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30
AN ORDINANCE GRANTING TWO FRANCHISE
AGREEMENTS TO GOLD KEY/PHR FOOD SERVICES,
LLC FOR AN OPEN AIR CAFE IN THE RESORT AREA
WHEREAS, by resolution adopted November 15, 1985, City Council authorized
the City Manager to promulgate Open Air Cafe Regulations, which have been amended
from time to time, for the operation of open air cafes on public property; and
WHEREAS, the City Council has traditionally granted initial franchises for one-
year terms; and
WHEREAS, if an open air cafe is successfully operated during the initial one-
year term, the franchisee may return to Council and request a five-year franchise
agreement; and
WHEREAS, Gold Key/PHR Food Services, LLC is seeking finro one-year
franchise agreements for 1) a Connector Park Cafe; and 2) a Boardwalk Cafe, both
located at 3315 Atlantic Avenue; and
WHEREAS, the franchise agreements will each have one-year terms; and
WHEREAS, the Strategic Growth Area Office recommends that the above-
named entity be granted two open air cafe franchise agreements.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the City Council hereby grants two one-year franchise agreements to Gold
Key/PHR Food Services, LLC for operation of a Connector Park Cafe and a Boardwalk
Cafe, both located at 3315 Atlantic Avenue.
Adopted by the City Council of Virginia Beach, Virginia on this 11 th day of
February , 2014.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
:;,? , J?'? •
t ategic G owth Area ffic City Attorney's Off16
CA12875
R-2
February 4, 2014
-55-
Item -VI-K.8a/b
ORDINANCES/RESOL UTIONS
ITEM #63477
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Resolutions Ye the Virginia Department of Transportation (VDOT) Urban
Maintenance payments:
a. ACCEPT additional streets
b. CORRECT Road Inventory
Yoting: 10-0
Coisncil Members Iloting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.
None
Coiincil Members Absent.•
Mayor William D. Sessoms, Jr.
February 11, 2014
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A RESOLUTION REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO
ACCEPT ADDITIONAL STREETS FOR URBAN
MAINTENANCE PAYMENTS
WHEREAS, the Virginia Department of Transportation requires a City Council
resolution prior to accepting additional streets for urban maintenance payments; and
WHEREAS, the 30.00 (Local/Collector) lane miles of streets listed on Exhibit A
(attached) have been constructed in accordance with standards established by the
Virginia Department of Transportation; and
WHEREAS, the City of Virginia Beach has accepted and agreed to maintain
these streets; and
WHEREAS, a representative from the Virginia Department of Transportation has
inspected and approved these streets.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That City Council hereby requests the Virginia Department of Transportation to
accept the streets listed on Exhibit A, attached hereto and incorporated by reference,
and to begin paying urban maintenance payments to the City of Virginia Beach based
on the established rate.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 thday of
February , 2014.
APPROVED AS TO CONTENT
P. !t , ?
Public Works
APPROVEQ AS TO LEGAL SUFFICIENCY:
v-?Attorneas O ice
CA12870
R-1
December 30, 2013
City of Virginia Beach
Exhibit A- New Streets Public Works / Operations
LOCAL AMBER BAY CT CHELSEA GREEN DR S CUL-DE-SAC 0.12
LOCAL APIARY CT LONDON BRIDGE RD E CUL DE SAC 0.44
LOCAL ARMON AV ANSOL LA N CUL-DE-SAC 0.36
LOCAL BANK ST INDEPENDENCE BLVD MARKET ST 0.10
LOCAL BANK ST MARKET ST CENTRAL PARK AV 0.05
LOCAL BASSETT AV ROBERT JACKSON DR DEAD END 0.44
LOCAL BEACHTOWN DR ATLANTIS DR HOPE AV 0.10
LOCAL BEAGLE WAY N CUL DE SAC E CUL DE SAC 0.46
LOCAL BEECHWALK DR LOVE CT N DEAD END 0.42
LOCAL BETULA CT CHELSEA GREEN DR S CUL-DE-SAC 0.08
LOCAL BITTER ROOT CT CHELSEA GREEN DR N CUL-DE-SAC 0.10
LOCAL BLACKSTONE CT BLACKSTONE TR CUL-DE-SAC 014
LOCAL BLADE CT CORBIN DR CITY LINE 0.04
LOCAL BLITZ CT BLACKSTONE TR CUIrDE-SAC 0.14
LOCAL BLUEFISH LA SANDPIPER RD (NB) W DEAD END 0.14
LOCAL BLUEMONT CT COVENTRY RD W CUL-DE-SAC 014
LOCAL BOSCO CT BLACKSTONE TRL CUL-DE-SAC 0.14
LOCAL BRESLAW CT BLACKSTONE TRL CUL-DE-SAC 014
LOCAL BRIAN AV CLEVELAND ST EUCLID RD 0.14
LOCAL BROOKLYN AV S BIRDNECK RD CUL-DE-SAC 0.28
LOCAL BROOKLYN CT BROOKLYN AV CUL-DE-SAC 0.18
LOCAL BUTLER LA SAN MARCO RD N CUL DE SAC 0.14
LOCAL CADBURY CI BILTMORE DR CUL-DE-SAC 0.06
LOCAL CANDY TUFT CT CHELSEA GREEN DR N CUL-DE-SAC 0.04
LOCAL CARISSA CT S BIRDNECK RD E CUL-DE-SAC 0.10
LOCAL CARLSBAD CT ARTESIA WY W CUL-DE-SAC 0.14
LOCAL CATFISH RD DRUM POINT ROAD CUL-DE-SAC 0.35
LOCAL CENTRE POINTE DR BAXTER RD S DEAD END 034
LOCAL CERETA WAY HOLLAND RD BEAGLE WAY 0.10
LOCAL CHANNEL POINTS LN ADAM KEELING RD DEAD END 0.16
LOCAL CHAPPELL PL HARRIS POINT DR S CUL-DE-SAC 0.12
LOCAL CHELSEA GREEN DR CUL-DE-SAC CUL-DE-SAC 1.10
LOCAL CHICK'S BEACH CT GREENWELL RD N CUL-DE-SAC 0.20
LOCAL CHIPPENHAM RD E HARRIS POINT DR CUL-DE-SAC 0.10
LOCAL COASTAL DR VIRGINIA DARE DR W CUL-DE-SAC 0.26
LOCAL COLLECTION CREBK WY FIRST COLONIAL RD (SB) DEAD END 0.08
Tuesday, January 14, 2014 Page 1 of 4
LOCAL COMMERCE ST INDEPENDENCE BLVD MARKET ST 0.20
LOCAL COMMERCE ST MARKET ST CENTRAL PARK AV 010
LOCAL COMMLJNICATIONS C[ SHELL RD W DEAD END 0.12
LOCAL CORRENTE LN LAS BRISAS DR CUL-DE-SAC 026
LOCAL CRIPPLE CREEK CT VIRGINIA BEACH BL N DEAD END 0.16
LOCAL DEDI CT BLACKSTONE TRL CUL DE SAC 0.10
LOCAL DEKOLTA CT BLACKSTONE TRL CUL-DE-SAC 0.10
LOCAL DEL HAVEN CT RICHARDSON RD S CUL DE SAC 016
LOCAL DINWIDDIE RD LOCKHAVEN CR SEA GULL BLUFF DR 0.54
LOCAL DITCHLEY RD YORK LA BRUTON LA 0.31
LOCAL DODGE DR LARK ST SILINA DR (WB) 0.18
LOCAL DORSET AV SOUTHERN BL N CUL-DE-SAC 0.18
LOCAL EBB TIDG RD SHORE DR (WB) OCEAN SHORE AV 0.22
LOCAL EDENTON CT BERNADOTTE ST S CUL-DE-SAC 0.18
LOCAL EDINBURGH PL EDINBURGH DR CUL-DE-SAC 0.04
LOCAL EGO DR LAVERGNE LA AIR STATION DR 0.44
LOCAL ELBA ST LYNNSHORE DR CUL-DE-SAC 0.12
LOCAL EMPIRE PASSAGE CT ROYALE WALK DR E CUL-DE-SAC 0.06
LOCAL EVAR PL CULVER LA S CUL DE SAC 0.20
LOCAL FAIR LADY PL FAIR LADY RD W CUL-DE-SAC 0.10
LOCAL FAIRWEATHER CT CHELSEA GREEN DR S CUL-DE-SAC 0.06
LOCAL FAWKES CT BLACKSTONE TRL CUL-DE-SAC 0.10
LOCAL FOUNDRY LA VIRGINIA BEACH BV CUL-DE-SAC 0.18
LOCAL FRAZEE LN S BIRDNECK RD CUL-DE-SAC 0.10
LOCAL FREIGHT LN PRINCESS ANNE RD DEAD END 0.22
LOCAL GAINES LD SOUTH WOODSIDE LN CUL-DE-SAC 0.28
LOCAL GENERAL CLARK CT DOLTON DR S CUL-DE-SAC 0.06
LOCAL GENESEE WY GREY DOVE LA CENTENNIAL CI 0.18
LOCAL HAWKINS LA NEWTOWN RD (NB) N DEAD END 0.12
LOCAL HOLLADAY RD WITCHDUCK RD N HOLLADAY LA 0.62
LOCAL HORACE AV COLUMBUS ST VIRGINIA BEACH BL 0.24
LOCAL HOUND CT BEAGLE WAY E CUL DE SAC 0.08
LOCAL HUTTON CI OCONEE AV S CUL-DE-SAC 0.16
LOCAL HYDE LA BEADEN DR BEADEN DR 0.16
LOCAL INDIAN CI INDIAN RD CUL-DE-SAC 0.16
I.OCAL INDIAN CREEK CT INDIAN CREEK RD E CUL-DE-SAC 0.32
LOCAL KEPLER BN WASSERMAN DR CUL-DE-SAC 0.48
LOCAL KI.INE DR HARRIS RD CUL-DE-SAC 0.44
LOCAL LILA LN INDIAN RIVER RD END 0.10
Tuesday, January 14, 2014 Page 2 of 4
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LIONS WY
LITCHFIELD CT
LITCHFIELD RD
LOCKHEED AV
LOOKOUTCT
LUXOR AV
MAIDSTONE CI
MARKET ST
MARKET ST
MARKET ST
MARKET ST
MASON ST
MATHEWS GREEN RD
MAY CT
MEADOW CREST WY
MEETING HOUSE LA
MEETING HOUSE RD
OAKRIDGE CI
OAKUM CREEK CT
OLDS LN
OYSTER POINT QY
PADMA CT
PARVATHICT
PREST[GE WY
PROFESSIONAL CI
PROGRESSLA
REEDTOWN RD
RIO BRAVO BN
RNL^R BREEZE CV
ROBBINS CT
ROYALE WALK DR
SCHUMANN DR
SMOKEHOUSE RD
SPIGEL DR
SQUADRON CT
STRAWBRIDGE RD
STREAMLINE DR N
SUMMERVILLE CT
SUTTON PL
KEMPSVILLE RD
LITCHFIELD RD
HARRIS RD
ATLANTICAV S
LOOKOUTRD
QUEEN CITY RD
1002 SOUTH BLVD
BANK ST
COLi.JMBUS ST
COMMERCE ST
S DEAD END
REEDTOWN RD
PRINCESS ANNE RD
BEAGLE WAY
ELBOW RD
MEETING HOUSE RD
CHURCH POINT RD WEST
DEAD END
E CUL-DE-SAC
S BIRDNECK RD
LITTLE NECK PT
GREENVIEW DR
GREENVIEW DR
E CUL DE SAC
WHITECHAPEL DR
CENTRAL DR
MASON
LOS COLONIS DR
INGRAM RD
ROBBINSLA
LONDON BRIDGE RD
DAVINCI DR.
WELL WATER LA
SPIGEL DR S
TAYLOR FARM RD
S DEAD END
DEAD END
CARVER AV N
PROVIDENCE RD
SCHOOLPROPERTY
CUL-DE-SAC
CUL-DE-SAC
VANDERBILT AV
S CUL-DE-SAC
CITY LINE
CUL-DE-SAC
VIRGINIA BEACH BL
COMMERCEST
BANK ST
COLUMBUSST
S CUL-DE-SAC
MATHEWS GREEN RD
E CUL DE SAC
N CUL-DE-SAC
CUL-DE-SAC
CHURCH POINT RD EAST
CUL-DE-SAC
W CUL-DE-SAC
CUL-DE-SAC
CUL-DE-SAC
N CUL DE SAC
N CUL DE SAC
S PLAZA TR
INDEPENDENCE CI
PRIVATEPROPERTY
N CUL-DE-SAC
CUL-DE-SAC
E CUL-DE-SAC
CUL-DE-SAC
CHELSEA GREEN DR
FIREFALL DR.
W DEAD END
HALL HAVEN DR
E CUL-DE-SAC
LONDON BRIDGE RD (SB)
FIGHTER DR
N CUL DE SAC
JAMESTOWN LANDING RD
030
0.14
0.20
0.10
0.08
0.10
0.02
0.12
0.10
0.12
0.08
016
1.18
0.06
0.24
0.40
0.80
0.10
0.30
030
0.06
0.06
0.06
0.26
0.26
0.60
0.36
0.14
0.24
0.04
0.62
0.84
0.46
0.32
0.52
1.02
0.32
0.10
0.04
Tuesday, January 14, 2014 Page 3 of 4
? New Street
Street Typc STREET
LOCAL TABLE ROCK LA
LOCAL TALL OAK CT
LOCAL TALON CT
LOCAL TAYLORFARM RD
LOCAL THRUSH CT
LOCAL TRADEWINDSRD
LOCAL TRADING POINT LA
LOCAL TRESSLE VIEW PL
LOCAL TWEEDSMUIR CT
LOCAL VETERINARY WY
LOCAL WESLEY DR
LOCAL WESTPORTPL
LOCAL WESTWARD DR
LOCAL WHITETAIL CT
LOCAL WHOOPNG CRANE CI
LOCAL WILHELM DR
TABLE ROCK RD.
TALL OAK DR SOUTH
MAGIC HOLLOW BLVD.
DAM NECK RD
BROOKLYN AV
LEVEL GREEN BLVD SOUTH
LITTLE NECK PT
GUM AV S
ROYALE WALK DR
PRINCESS ANNE RD
POTTERS RD (WB)
PROVIDENCE RD (EB)
E DEAD END
GREENLAW DR
PURPLE MARTIN LA
CASTLE GATE LA
IV
CUL-DE-SAC
CUL-DE-SAC
CUL-DE-SAC
LONDON BRIDGE RD
CUL-DE-SAC
CLEAR SPRINGS LN
CUL-DE-SAC
W CUL-DE-SAC
E CUL-DE-SAC
W CUL DE SAC
W CUL DE SAC
JAMESTOWN LANDING RD
FIRESIDE LN
CUL-DE-SAC
N CUL DE SAC
BOMBAYLD
Total Lane Miles of LOCAL streets : 30_00
Total Lane Miles of New Street : 30.00
0.14
0.10
0.10
0.30
0.16
0.78
022
0.18
0.06
0.12
0.34
0.06
0.05
0.08
0.16
0.66
Tuesday, January 14, 2014 Page 4 of 4
1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO
3 ACCEPT CORRECTIONS TO THE ROAD
4 INVENTORY FOR URBAN MAINTENANCE
5 PAYMENTS
6
7 WHEREAS, the Virginia Department of Transportation requires a City Council
8 resolution prior to accepting corrections or deletions to the revised road inventory for
9 urban maintenance payments;
10
11 WHEREAS, City personnel have reviewed the revised road inventory prepared
12 by the Virginia Department of Transportation and have determined that some
13 inaccuracies exist;
14
15 WHEREAS, corrections to the revised road inventory have been made as shown
16 on Exhibit B(attached); resulting in a net increase of 0.26 (Local/Collector) lane miles
17 and changes in class have resulted in an increase of 12.64 (Minor Arterials) lane miles;
18
19 WHEREAS, a representative from the Virginia Department of Transportation has
20 inspected and approved corrections.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That City Council hereby requests the Virginia Department of Transportation to
26 accept the corrections listed on Exhibit B, attached hereto and incorporated by
27 reference, and to begin paying urban maintenance payments to the City of Virginia
28 Beach based on the established rate.
Adopted by the Council of the City of Virginia Bea6h`Virginia, on the 11 thday
of Fahr>>ar.? , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
h
? A, hex I'Lvzw? - I . _'
,
Pubtic Works Cit ice
CA12871
R-1
December 30, 2013
Street '
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
SHENVALEE DR
SHOREHAVEN CT
SIGNATURE CI
SILVER LAKE DR
SILVER MAPLE CI
SILVER SPRINGS CT
SILVERCREST LN
SIOLJX DR
SIR WILFRED PL
SLOANE CT
SMOKL^ TREE LA
SMOKEY LAKE DR
SOUTHALL DR
SOUTHPORT CI
ST GEORGE CT
PROV IDENCE RD
SHOREHAVEN DRS
SIGNATURE DR
BELSPRINGS DR
SILVER MAPLE DR
NORTH CUL-DE-SAC
SPARROW RD EAST
NARRAGANSETT DR
OXFORD DR WEST
REVERE DR
SMOKE TREE LA
PINE LAKE DR
FIRST COLONIAL RD
EXPRESSWAY DR
KING GRANT RD
Total Lane Miles of Additions/Replaced deletions :
CUL DE SAC
CUL DE SAC
SIGNATURE DR
BELSPRINGS DR
S CUL DE SAC
SOUTH CUL-DE-SAC
E CL DE SAC
N DEAD END
N CUL DE SAC
CUL DE SAC
STONESHORE RD
GREEN MEADOWS DR
SOUTHALL QUARTER ALLEY # 1
EXPRESSWAY DR
N CUL DE SAC
Total Lane Miles of LOCAL streets :
0.78
0.18
032
0.52
0.06
0.12
0.10
0.14
0.58
0.08
0.58
1.28
0.32
0.50
0.16
Class Chanae
Stree£ Tyqe STItEET =
1 JRBAN MINOR ARTERIAL DRAKESMILE RD
URBAN MINOR ARTERIAL POTTERS RD
URBAN MINOR ARTERIAL SALEM RD
URBAN MINOR ARTERIAL SALEM RD
URBAN MINOR ARTERIAL SALEM RD
ORBAN MINOR ARTERIAL SALEM RD
FROM < TO
SHIPPS CORNER RD DAM NECK RD
LYNNHAVEN PW LONDON BRIDGE RD
FERRELL PKWY PRINCESS ANNE RD
INDEPENDENCE BV LYNNHAVEN PY
LYNNHAVENPY FERRELLPY
ROCK LAKE IAOP INDEPENDENCE BV
5.72
5.72
1.28
3.96
0.40
2.56
3.84
0.60
12.64
Total Lane Miles of URBAN MINOR ARTERIAL streets :
Total Lane Miles of Class Change :
12.64
Tuesday, January 14, 2014
Page 1 of 2
City of Virginia Beach
Exhibit B- Changes Public Works / Operations
Street '
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
LOCAL
SHENVALLEE DR
SHORE HAVEN CT
SIGNATURE CI
SILVER CREST LN
SILVER MAPLE CT
SILVER SPRINGS CT
SILVERLAKE DR
SIOLJX DR
SIR WILFRED PL
SLOAN CT
SMOKETREE LA
SMOKEY LAKE DR
SOUTH PORT CI
SOUTHALL DR
ST GEORGE CT
PROVIDENCE RD
SHOREHAVEN DRS
SIGNATURE DR
SPARROW RD EAST
SILVER MAPLE DR
ROCK LAKE LOOP
BELSPRING DR
NARRAGANSETT DR
OXFORD DR WEST
REVERE DR
SMOKETREE LA
PINE LAKE DR
EXPRESSWAY DR
FIRST COLONIAL ROAD
KING GRANT RD
CUL-DE-SAC
CUL-DE-SAC
SIGNATURE DR
CUL-DE-SAC
CUL-DE-SAC
CUL-DE-SAC
BELSPRING DR
BLACKFOOTCRE
PRINCE WILLIAM CT
CUL DE SAC
STONESHORE DR
CUL DE SAC
EXPRESSWAY DR
ALLEY WAY
CUL-DE-SAC
Total Lane Miles of LOCAL streets :
Total Lane Miles of Deletions/To be replaced :
-0.78
-0.18
-0.16
-0.10
-0.06
-0.08
-0.52
-0.14
-032
-0.08
-0.58
-128
-0.56
-0.26
-0.36
-5.46
-5.46
Tuesday, January 14, 2014 Page 2 of 2
-56-
Item -VI-K.9
ORDINANCES/RESOL UTIONS
ITEM #63478
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Ciry Council ADOPTED, BY
CONSENT, Ordinance to CONFIRM a Declaration of Local Emergency re the snow storm from
January 28-31, 2014
Votzng.' 10-0
Coaincil Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Coitncil Members Troting Nay:
None
Coasncil Members Absent.•
Mayor YVilliam D. Sessoms, Jr.
February 11, 2014
1 AN ORDINANCE CONFIRMING THE DECLARATION OF A
2 LOCALEMERGENCY
3
4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of
5 emergency management to declare the existence of a local emergency, subject to
6 confirmation by the governing body;
7
8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency
9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by
10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency
11 Management and appointed the City Manager as the Director of Emergency
12 Management; and
13
14 WHEREAS, in response to the imminent threat of damage posed by the winter
15 storm, the City Manager, as the Director of Emergency Management, issued a
16 Declaration of Local Emergency on January 28, 2014, effective at 5:00 p.m.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20
21 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms
22 the Declaration of Local Emergency issued by the City Manager on January 28, 2014, a
23 copy of which is attached hereto and incorporated by reference, and hereby ends the
24 declared emergency, effective January 31, 2014, at 6:00 a.m.
Adopted by the Council of the City of Virginia Beach on the 11 th day of
February .2014.
APPROVED AS TO CONTENT:
2it Manager's Offite
CA12885
January 31, 2014
R-1
APPROVED AS TO LEGAL
SUFFICIENCY:
City Atto
1
City- of Vir-gi?i? Seach
'_ OUH Npi`;,
VBgOV. CO171
OFFIC£ OFTHE CITY MANAGER MUNICIPAL CENTER
(757) 386-4242 BUILOING 1. ROOM 234
FAX (757) 427-5626 2407 COURTHOUSE DRIVE
VIRGIN[A BEACH, VIRGINIA 23456-9001
DECLARATION OF L4CAL EMERGENCY
I, the undersigned, as City Manager and Directox of Emergency Management for
the City af Virginia Beach, fmd the imminent threat of severe win.ter weather conditians
and the likelihootl of dangerous road conditions axzd power outages, along with the loss or
interruption of vital City services posed by the storm to be of sufficient severity and
magnitude to warrant coordinated local government action to prevent ax alleviate any
potential damage, loss, hardship or suffering. Therefore, pursua.nt to Code of Virginia §
44-146.21, as amended, I hereby declare the existence of a Local Emergency in the City
of Virginia Beach beginning January 28, 2014 at 5:00 p.m.
In accoxdance with this Declaration, the Off'zce of Emergency Management and
all other appropriate City agencies are hereby vested wzth, and authorized to carry out, all
powers, duties and functions prescribed by State a local laws, rules, regulations and plans
as may be necessary to adequately and appropriately respond to said Local Emergency.
ame K. Spore, City Mana er &
or of Emergency Management
h11R?`tL O ?
(Date)
-57-
Iteni -VI-K.1 D
ORDINANCES/RESOL UTIONS
ITEM #63479
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Resolution to COMMEND City Clerk Ruth H. FYaser and her Staff for their
extraordinary public service to the citizens of Virginia Beach re the Council Member
Appointment Process
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Cozincil Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
. ? ;.• _
i?.??
fq `K-.`F,SOLV7ION Co` ` ENrDING TfLqE CITY CLE12.4C 1VM MR
57ATE T01rj, q'JftEIR EXCEqZIO5V,4L 7fANDGING OT 17Y11
C0VNCIG9WE9MBERATtp07,N`I??YLEN71?j.OCE.SS
TVj{rEP9t7,S, the eCection of CounciCmem6ers GCenn rUavis and BiCf (DeStepFi to the 7fouse of DeCegates in
Novem6er2013, andtkeirsu6sequent resignationsfrom City CountiC, deatedtzvo City CountiCvacarzcies
u9f+E',EA5, state !aw requires t(ie City CounciCto fifCsuc(: vacancies 6y appointment;
ZyWE?,?Et7,S; the city CaunciC(oCds an annuaCretreat at wfiich it sets goaCs andpnorities for the roming year,
andt(e retreat (zad6een Cong-sc6edufedforjanuary 6 attd 7, 2014;
'WjaREf7,S, the nezv mem6ers neeed to 6e appointed prior to ,?anuary 6°h in ordes to participate as
rouncilmemGers in the retreat, 6ut tfw Decem6er (:olidays, coupled wit& City CounllCs strong desire for an open, incCusive
ancf transparent appointment process, presentedsevere fogisticaCckaCCenger,
ryyq{rERE AS, t(u City Cferk.and (er staff worked tirelessly to ensure t(iat eacfi step of tfie comp(ex, appointment
process was completedefficientCy andin fulCcompCiance wit( statutory aradcfiarter requirements, incCuding:
. (Pr-oinptCy cCrafting and posting t(e officiaf notice and advertisement tfiat sought cand'rdates for tke
dutrict and at-large seats, tFiere6y ena6Cin$ tfie pu6Cc to learn of tFie process on Novem6er I511 (a
mere ten days after tfie Navern6er 2013 efection tfiat prompterf tfie twa re.dgnntions) and whic( afso
providetf appC:cants with more tFian two weeks in whic( to assettt6le and su6mit their appCscation
materia(s,'
• T-Veditiousfy processiug appficant matennfs frotn tFiirty-nine applicants and tfren foClowing up witk
candidates to fieCp ensure t&at each appC'uation was compCete,•
• Working wit& ot(:er City offices to ensure tkat eacfi appCuant met tfie criteria for appointinent that is
manrfated 6y state Caw and the City Charter,
• 1'romptCy assem6Ctng 6inders for eac(e current councifinem6er wit& rfetailed infonnation on eacfi
appficant; and
. Trov'ing assistanre and information to appCcanu, the pu6fic, andtfie press,• and
u?P,Egs trw eTty cfe,-kand (er,stvff went over anda6ove tFre caff of duty to ensure that t(:e City Councif
appointment process went sinoot(Cy, tfespite su6stantiaC time antf Cogisticaf c(ut[Ienges, and also ensured t(rat the process
was contfuctedin a fair, open, incCusive andtransparent manner tfint ena6CedCity CounciCto make tfiese appointments
prior to t(?e koCufays and, most importantCy, prior to the earCy Yanuary City CounciCretreat.
No?W, z7f?REToWJ, BE r7PE,SOLVED BTqWE CozIXCIG oT qYIT; CrTYoT ViRGrNrA BEACX;
VzP,G7NzA:
That the City Councif (ere6y commens City Cferk Ruth 7Codges ?Fraser, Chief cDepuh' Ctry CCerk,Amanda
Tirs(ey-Barnes, SeniorDeputy City Cferk,Gloria `Wnk,er: and (Deputy City Clerk,s SaraFi lenkru, Sandy 9Kadison, anet
Sandy rfftompson for t&eir eXtraordinary pu6fu service to tFe citizetts of Nirginia Beach.
Gi-ven uner our kan?fs anddea(s tfiis ?Fourteentk day of.7anxeary, Two `IFwu,sandand`Fourteen
?????
*Xo6e,,W.e &Ba,6aa 9fenCey? Skam?on ?D
AB,Ahn"O.Io Amefia Ross-7Camnwnd
? L
? hn rE vhrin 1?,osemary '(son ,? mes .Wood
?
Vice Wayor L' 12, ,7ones wayor `WiCCiam 0. Sessom.s, 7r.
-58-
Itenr -VI-K.IIa
ORDINANCES/RESOL UTIONS
ITEM #63480
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
a. $50, 000 from the Virginia Department of Emergency Management
to the Office of Emergency Management
Tjoting: 10-0
Coiincil Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
Mayor William D. Sessoms, Jr.
February 11, 2014
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE TO ACCEPT AND
APPROPRIATE FUNDS FROM THE VIRGINIA
DEPARTMENT OF EMERGENCY MANAGEMENT
FOR THE FIRE DEPARTMENT'S OFFICE OF
EMERGENCY MANAGEMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $50,000 in funding from the US Department of Homeland Security is hereby
accepted, and appropriated, with federal revenue increased accordingly, to the FY
2013-14 Operating Budget of the Fire Department to enhance the situational awareness
capabilities of the EOC and to support the EOC mission of community wide direction
and control in large scale emergencies.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day
of February 2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
„
,--?
f7 ,
Budget and Management Service or y's Office
CA12882
R-1
January 21, 2014
-59-
Item -VI-K.11 b
ORDINANCES/RESOL UTIONS
ITEM #63481
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
b. $200, 000 Virginia Governor's Opportunity Fund Award to the
Development Authority
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Coitincil Members Voting Nay:
None
Coitincil Members Absent.•
Mayor William D. Sessoms, Jr.
February 11, 2014
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO APPROPRIATE A$200,000 VIRGINIA
GOVERNOR'S OPPORTUNITY FUND AWARD TO THE CITY
OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $200,000 received by the City from the Governor's Opportunity Fund (the
"GOF") is hereby appropriated, with estimated state revenues increased accordingly, to the
City of Virginia Beach Development Authority in furtherance of the purposes of the GOF
and the expansion of manufacturing by IMS Gear Virginia, Inc. within the City.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 thday of
February .2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services -Cit ' fice
CA12874
R-1
January 13, 2014
-60-
Item -VI-K.Il c
ORDINANCES/RESOL UTIONS
ITEM #63482
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
c. $473,1 SO from the Virginia Departinent of Transportation (VDOT)
re urban maintenance and resurfacing
Yoting: 10-0
Coirncil Members Yoting Aye.
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Yoting Nay:
None
Council Members Absent.•
Mayor William D. Sessoms, Jr.
Febrzcary 11, 2014
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
FUNDING FROM THE VIRGINIA DEPARTMENT OF
TRANSPORTATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $473,150 is hereby accepted from the Virginia Department of
Transportation and appropriated, with state revenue increased accordingly, to the FY
2013-14 Operating Budget of Public Works to conduct additional road maintenance and
resurFacing activities.
Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of
February 2014.
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 Servi es Git s Office
CA12884
R-1
January 28, 2014
-61-
Itenr -VI-L
PLANNING
1. MARK E. THOMASSY
2. HALL AUTOMOTIVE, LLC
3. LOTSALIS, LLC
4. OCEANFRONT RESORT FORM-BASED
CODE
5. MG HOMES, LLC
6. CHRISTIE ROTHER, JENNIFER
FEDORO WICK and TROYSCOGGIN
7. CITY OF VIRGINIA BEACH
ITEM #63483
CHANGE IN NONCOFORMING
LISE
MODIFICATION OF A
CONDITIONAL IISE PERMIT
MODIFICATION OF A
CONDITIONAL USE PERMIT
SPECIAL EXCEPTIONS FOR
ALTERNATIVE COMPLIANCE
CONDITIONAL CHANGE OF
ZONING and MODIFICATION OF
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF
ZONING and CONDITIONAL LTSE
PERMIT
AMEND ZONING ORDINANCE
February 11, 2014
-62-
Item -VI-L
PLANNING
ITEM #63484
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION, BY CONSENT, Items 1, 2, 3, and 4a/b, 6a/b and 7(DEFER TO 212512014) of the
PLANNING AGENDA.
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
Mayor William D. Sessoms, Jr.
February 11, 2014
-63-
Itenz -VI-L1
PLANNING
ITEM #63485
Upon motion by Couricilman Dyer, seconded by Council Lady Wilson, City Council APPROVED/
CONDITIONED, BY CONSENT, Application of MARK E. THOMASSY and 106 62ND STREET for a
ChanQe in a Nonconforming Use re an addition of an elevator at 106 62"d Street DISTRICT S-
LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of MARK E. THOMASSY and 106 62ND
STREET for a Change in a NonconforminQ Use re addition of an
elevator at 106 62"d Street (GPIN 2419728382) DISTRICT S -
LYNNHAVEN
The following conditions shall be required:
With the exception of any modifications required by any of these
conditions or as a result of the Development Site Plan review, the site
shall be developed substantially in conformance with the conceptual site
layout depicted on the exhibit entitled, "Physical Survey/Zoning Analysis
106 62"d Street, " prepared by Gallup Surveyors & Engineers, dated
August 19, 2013
2. The conditions of the July 5, 2011, approval of an Enlargement of a
Nonconforming Use shall remain in effect
3. The exterior of the additions for the elevator and equipment room shall
be consistent with the materials and colors of the dwelling labeled as
Unit 1 on the conceptual Plan referenced by No. 1
4. Building elevation dYawings for the exterior of the elevator, equipment
room, and the elevated walkway shall be submitted to the Current
Planning Division of the Planning Department for review, and no
Building Permit shall be issued until said building elevations have been
approved by Planning
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 Eleventh day of February,
Two Thousand Fourteen
February 11, 2014
=64-
Itenz -VI-L.l
PLANNING
ITEM #63485(Continued)
Voting: 10-0
Council Members Yoting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Cozcncil Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
1 A RESOLUTION AUTHORIZING THE
2 ENLARGEMENT OF A NONCONFORMING USE
3 ON PROPERTY LOCATED AT 106 62ND
4 STREET
5
6 WHEREAS, Mark Thomassy (hereinafter the "Applicant") has made application
7 to the City Council for authorization for the enlargement of a nonconforming use located
8 at 106 62"d Street in the R-5R Residential Zoning District by enlarging one of the single-
9 family dwellings on the parcel; and
10
11 WHEREAS, two single-family dwellings are located on the parcel. Two single-
12 family dwellings on one parcel are not currently allowed in the R-5R Zoning District.
13 However, the single-family dwellings were built prior to the adoption of the applicable
14 zoning regulations and are therefore nonconforming; and
15
16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
18 City Council authorizing such action upon a finding that the proposed use, as enlarged,
19 will be equally appropriate or more appropriate to the zoning district than is the existing
20 use;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Council hereby finds that the proposed use, as enlarged, will be
26 equally appropriate to the district as is the existing nonconforming use under the
27 conditions of approval set forth hereinbelow.
28
29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
30 BEACH, VIRGINIA:
31
32 That the enlargement of the nonconforming use is hereby authorized, upon the
33 following conditions:
34
35 1. With the exception of any modifications required by any of these
36 conditions or as a result of development site plan review, the site shall be
37 developed substantially in conformance with the conceptual site layout
38 depicted on the exhibit entitled, "Physical Survey/Zoning Analysis 106 62?a
39 Street," prepared by Gallup Surveyors & Engineers, dated August 19,
40 2013.
41
42 2. The conditions of the July 5, 2011 approval of an Enlargement of a
43 Nonconforming Use shall remain in effect.
44
45 3. The exterior of the additions for the elevator and equipment room shall be
46 consistent with the materials and colors of the dwelling labeled as Unit 1
47 on the conceptual plan referenced by Condition 1.
48
49 4. Building elevation drawings for the exterior of the elevator, equipment
50 room, and the elevated walkway shall be submitted to the Current
51 Planning Division of the Planning Department for review, and no Building
52 Permit shall be issued until said building elevations have been approved
53 by Current Planning.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day
Of February , 2014.
APPROVED AS TO CONTENT
*iepa-Rrtment ?11
CA12879
R-1
January 31, 2014
APPROVED AS TO LEGAL SUFFICIENCY:
CAO? mi City Attorney's Office
2
-65-
Itefii -VI-L.2
PLANNING
ITEM #63486
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED/
CONDITIONED, BY CONSENT, Application of HALL AUTOMOTIVE, LLC AUTO PROPERTIES -
HALL NISSAN, HALL COLLISION and VIRGINIA E. CORNICK TRUST for Modification of a
Conditional Use Permit re ADDING a vehicle painting booth, changes to fencing, storage lot surface
treatment and bulk storage for towed vehicles at 3757 and 3769 Bonney Road DISTRICT S-
LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of HALL AUTOMOTIVE, LLC AUTO
PROPERTIES - HALL NISSAN, HALL COLLISION and VIRGINIA
E. CORNICK TRUST for Modiflcation of a Conditional Use Permit re
ADDING a vehicle painting booth, changes to fencing, storage lot
surface treatment and bulk storage for towed vehicles at 3757 and 3769
Bonney Road (GPINs 1487431975; 1487432800; 1487434791;
1487437783; 1487531686) DISTRICT 5- LYNNHAVEN
Thc following conditions shall be required:
The conditions of the June S, 2001, and September 9, 2003, Conditional
Use Permits are deleted and replaced with No. 2, below, and as
specifically modified by the other listed conditions of this Use Permit.
2. Development and redevelopment of the site shall substantially conform
with the Plan entitled "Conceptual Site Layout Plan of Hall Properties,
Bonney Road, Virginia Beach, VA, " dated October 10, 2013, which has
been exhibited to the Virginia Beach Ciry Council and is on file in the
Planning Department.
3. All auto repairs shall take place inside the "Existing Shop" or the
"Existing Body Shop " buildings as depicted on the Concept Plan
identified in No. 2 above.
4. No outside storage of equipment, parts or materials, other than materials
stored for future recycling in the 2,500 square foot stoYage area depicted
on the Concept Plan identified in No. 2 above, shall be permitted.
5. No on-site sale of recycled materials or public drop-off of recycled
materials (for profit or otherwise) shall be permitted.
6 The two existing gravel lots depicted on the Concept Plan identified in
No. 2 above, shall be permitted on the site as a temporary site Condition
for no more than five years from the date of approval of this request by
City Council
7. All overhead doors located on the side of any building facing I-264 must
remain closed except for moving vehicles into and out of the building for
service.
February 11, 2014
-66-
Item -VI-L.2
PLANNING ITEM #63486(Continued)
8. The area identified on the Corzcept Plan and identified in No. 2 above as
"Existing Enclosed Bulk Storage for Towed Yehicles and Sales " shall be
screened from view with the use of Category VI screening. The existing
chain-link fence along the northern boundary of this area may remain
until such time as that fence is replaced. An all-weather, solid fence shall
be installed when the chain link fence is replaced. Barbed Wire shall be
prohibited on any new fence on these properties.
9. A fifty (SO) foot reservation shall be required along the southern
propeYty line adjacent to I-264 as necessary for improvements related to
Rosemont Road and the I-264 interchange.
10. The building labeled as "Existing Body Shop" on the Concept Plan
identified in No. 2 shall utilize the design, materials and colors as
depicted on the exhibit entitled, "Conceptual Design for HALL AUTO
WORLD COLLISION CENTER, " prepared by Burkhart Thomas
Architecture/Interior Design and on file in the Planning Department, as
per the June 5, 2001, Conditional Use Permit.
11. The building labeled as "Existing Nissan Building, 37,000 SF" on the
Concept Plan identified in No. 2 shall utilize the design, materials and
colors as depicted on the exhibit entitled, "Hall Nissan, Front Elevation
- Bonney Road" and "Hall Nissan, Right Side Elevation - Butternut
Lane " dated May 30, 2003, as per the September 9, 2003, Conditional
Use PeYmit.
12. When constructed, all "Proposed " buildings shown on the Concept Plan
identified in No. 2, above, shall be developed in substantial conformance
with the architectural style, colors and materials used for the "Existing
Nissan Building, 37, 000 SF, " referenced in No. 2, above.
13. All internal lot lines within the 14.6-acre site governed by this
Conditional Use Permit shall be vacated by plat prior to final Site Plan
approval of the next phase of construction.
14. Chain-link fencing and the use of barbed wire shall not be allowed
surrounding any bulk or vehicle storage area. Any existing chain-link
fencing on the site shall be removed from the site with the redevelopment
of each parcel or when the chain-link fence is replaced, whichever is
first. In no case shall new barbed wire be permitted.
15. Streetscape landscaping, as required by the Virginia Beach Landscaping
Guide, shall be installed where deficient between rights-of-way and
parking lots/display areas.
16 There shall be no pennants, streamers, banners, balloons or seaYChlights
displayed on the site at any time.
17. Vehicles shall not be parked so as to obstruct any entrance along Bonney
Road, Chestnut Avenue, Butternut Lane and/or Spruce Street.
February 11, 2014
-67-
Itefn -VI-L.2
PLANNING ITEM #63486(Continued)
18. No unloading of car carriers or other vehicles transporting vehicles to
the site for sale or repair shall be permitted in the rights-of-way.
19. Storage of vehicles awaiting repair and inoperable vehicles shall be
stored within the "Enclosed Bulk Storage Area for Towed Vehicles, " or
within the "Existing Body Shop" or "Existing Shop" buildings, and in no
case is the storage of these vehicles permitted within any parking lot. A
determination of operability of a wrecked vehicle shall be made within
five (S) business days of arrival at the site. No wrecked vehicle shall
remain on the site for more than five (S) business days.
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 Eleventh day of February,
Two Thousand Fourteen
Voting: 10-0
CoiincilMembers VotingAye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
CoirncilMembers VotingNay:
None
Coicncil Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
-68-
Itent -VI-L.3
PLANNING
ITEM #63487
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED/
CONDITIONED, BY CONSENT, Application of LOTSALISA, LLC for Modi acation of a Conditional
Use Permit, re development of a Wawa Convenience Store with fuel pumps, car wash and convenience
stor-e at 1600 General Booth Boulevard DISTRICT 7- PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of LOTSALISA, LLC for Modification of a
Conditional Use Permit re development of a Wawa Convenience Store
with fuel pumps, car wash and convenience store at 1600 General Booth
Boulevard (GPIN 2415553211) DISTRICT 7- PRINCESS ANNE
The following conditions shall be required:
All conditions attached to the Conditional Use Permit granted by the City
Council on January 9, 1996, are deleted and replaced with the conditions below.
2. Except as modified by any other condition of this Use Permit, or as necessary to
comply with applicable City development Ordinances and Standards, the site
shall be developed in substantial conformance with the submitted Plan titled
"WAWA CONVENIENCE STORE, Conceptual Site Plan, 1600 General Booth
Blvd, Virginia Beach, Virginia, dated 041I5113, and prepared by MSC, P.C. Said
Plan is on file in the Virginia Beach Planning Department.
3. Other than dead, dying or diseased plants, the removal of existing vegetation
(mix of trees and shrubs) along the eastern property line and within a minimum
fifteen (1 S) foot wide Buffer shall be prohibited.
4. As depicted on the Concept Plan referenced in No. 2, the row of Crape Myrtles
along the southern property line is noted on the Plan "to be preserved to the
greatest extent possible. " In the event any of this plant material be impacted
during construction, or in the future, it shall be re-established as approved by the
Planning Department.
5. Plant material shall be installed, at a minimum, along the rights-of-way, as
Streetscape Landscaping.
6. Except as modified by any other Condition of this Use Permit, or as necessary to
comply with applicable City Ordinances and Building Codes, the building and
canopy shall be constructed in substantial conformance with elevations depicted
on the exhibit titled, "Proposed Wawa, 1600 General Booth Blvd. & Dam Neck
Rd., Virginia Beach, VA., " dated August 2, 2013, prepared by Cuhaci &
Peterson, with the addition of the awning wrapping around and along the
northern faqade. Said elevation is on file in the City of Virginia Beach Planning
Department.
February 11, 2014
-69-
Item -VI-L.3
PLANNING ITEM #63487(Continued)
7. The fueling canopy shall be consti^ucted in substantial conformance with
elevations depicted on the exhibit titled, "Wawa Convenience Store Signage
Details, " prepared by MSA, PC., dated 41I5113. The canopy columns shall be
wrapped in stone, as depicted on the elevation. Said elevation is on file in the
Virginia Beach Planning Department.
8. In accordance with Section 245(e) of the City of Virginia Beach Zoning
Ordinance, the dumpster area shall be enclosed with materials that match the
building, which shall be surrounded with plants. Any air pump proposed on the
site shall also be screened from view of the rights-of-way with evergreen shrubs,
minimum height eighteen (18) inches at installation.
9. A detail of the Yent Stack shall be submitted to the Current Planning Division of
the Planning Department during final Site Plan review and shall be subject to
screening as required by the Planning Department.
10. Signage for the site shall meet the requirements of the Zoning Ordinance and
shall be limited to:
a. Directional signs;
b. One monument-style freestanding sign (no more than eight (8) feet in
height, set on a brick base to match the building brick) and two building
and /or canopy signs;
c. Striping on the canopy shall be limited to ten (10) feet on each side of the
canopy or one-quarter (114) of the length of each side. Signage on the
canopy shall not be internally or externally illuminated.
d. There shall be no other signs, neon signs, or neon accents, installed on
any wall area of the building, on the windows and/or doors, canopy,
light poles or any other portion of the site.
Fuel prices may be displayed on the monument-style freestanding sign in
electronic display format but shall comply with the regulations of Section 217 of
the City Zoning Ordinance.
H. No outdoor vending machines and/or display of inerchandise shall be allowed.
12. Pedestrian walkways to the Convenience Store shall be provided from the
sidewalks in the public rights-of-way, in accordance with Section 246(d) of the
Zoning Ordinance.
13. Bicycle racks shall be provided near the entrance of the store.
14. Either a right-of-way dedication, or easement that encompasses the sidewalk, as
well as potentially room for any additional needed public improvements along
Dam Neck Road, shall be recorded as required by Public Works during final Site
Plan review.
February 11, 2014
-70-
Itetii -VI-L.3
PLANNING ITEM #6348 7(Contin ued)
IS. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during
detailed Site Plan review. Said Plan shall include the location of all pole-
mounted and building-mounted lighting fixtures, and the listing of lamp rype,
wattage and type of fixture. Pole lighting shall not exceed fourteen (14) feet in
height. Lighting shall overlap and be uniform throughout the parking area. All
lighting on the site shall be consistent with those standards recommended by the
Illumination Engineering Society of North America. The Plan shall include
provisions for implementing low-level security lightingfor non-business hours.
Thi.s Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of February,
Two Thousand Fourteen
Voting.• 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Coitincil Members Voting Nay:
None
Coztncil Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
-71-
Itein -VI-L.4a
PLANNING
ITEM #63488
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Ciry Council APPROVED/
CONDITIONED, BY CONSENT, Applications for Special Exceptions for Alternative Compliance to
the Oceaizfront Resort Form-Based Code: DISTRICT 6- BEACH
a. CATCHA WAVE, LLC re a commercial parking lot at 2206-2210
Pacific Avenue
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications for Special Exceptions for Alternative
Compliance to the Oceanfront Resort Form-Based Code (GPINs
2427180939; 2427190016) DISTRICT 6- BEACH
a. CATCHA WAVE, LLC re a commercial parking lot at 2206-2210
Pacific Avenue
The following conditions shall be required:
1. With the exception of any modifications required by any of these conditions or as
a result of the Development Site Plan review, the layout of the site shall be
substantially as shown on the submitted Plans entitled "PARKING LOT
EXPANSION SITE PLAN - Grading and Improvement Plan, Sheet C-3.0" and
"PARKING LOT EXPANSION SITE PLAN- Layout and Planting Plan, Sheet L-
1.0" prepared by WPL, both dated December 12, 2013. Said Plans have been
exhibited to the Ciry Council and are on file in the Department of Planning.
2. The "Proposed Sign " called out on the Plan referenced in No. l shall not be
installed. Said sign shall require review and approval by the Zoning
Administrator for consistency with the Oceanfront Resort District Form-Based
Code and the Oceanfront Resort DistYict Design Guidelines.
3. Existing signage on the site shall be reviewed by the Zoning Administrator to
determine if requisite permits have been issued and compliance with the
Oceanfront Resort District Form-Based Code has been met for the appropriate
signage. Signs without permits, or not meeting the regulations of the Zoning
Ordinance, shall be removed.
4. A detailed Plan for the area south of the parking lot labeled as `Turf' (and
including a paver walkway and deck) shall be submitted to the Zoning
Administrator for review and approval. Said Plan shall include landscape
plantings to meet the interior parking lot landscape requirement as well as a
structural landscape feature visible by pedestrians on the adjacent sidewalk
(shall have a height of at least four (4) feet). Such feature may consist of a
fountain, artwork, unique landscape plantings or similar (as described in the
Oceanfront Resort District Design Guidelines).
5. The provisions of Section 23-58 of the City Code shall be met
February 11, 2014
-72-
Item -VI-L.4a
PLANNING ITEM #63488(Continued)
This Ordinance shall be effective in accordance with Sectiofi 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of Febr-uary,
Two Thousand Fourteen
Yoting: 10-0
Coztncil Members YotingAye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Yoting Nay:
None
Cozincil Members Absent:
Mayor WilliamD. Sessoms, Jr.
February 11, 2014
-73-
Ite»a -VI-L.4b
PLANNING ITEM #63489
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Ciry Council APPROVED/
CONDITIONED, BY CONSENT, Applications for Special Exceptions For Alternative Compliance to
the Oceanfront Resort Form-Based Code: DISTRICT 6- BEACH
b. LINJON PACIFIC, LLC re a mixed use building at 2607 Pacific
Avenue
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications for Special Exceptions for Alternative
Compliance to the Oceanfront Resort Form-Based Code (GPIN
2428007663) DISTRICT 6 - BEACH
b. LINJON PACIFIC, LLC re a mixed use building at 2607 Pacific
Avenue
The following conditions shall be required:
1. Except as modified by any other condition below, the architectural design of the
structure shall be substantially as shown on the submitted untitled aYChitectural
renderings included in the Staff Report, which are on record at the City of
Virginia Beach Planning Department.
2. Except as modified by any other condition below, the development of the site
shall be substantially as shown on the submitted Site Plan included in the Staff
Report, which is on record at the Virginia Beach Planning Department.
3. The applicant shall construct all required sidewalk improvements.
4. All landscaping shall exceed the minimum requirements of the Virginia Beach
Landscaping Guide.
5. All landscaping must be maintained in good health. All landscaping that fails to
grow shall be replaced with a similar type of plant that conforms to the
landscaping associated with the Plans approved with this application.
6 No mechanical equipment or dumpsters shall be visible from the public right-of-
way or adjacent property owners.
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 Eleventh day of February,
Two Thousand Fourteen
February 11, 2014
-74-
Item -VI-L.4b
PLANNING ITEM #63489(Continued)
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
FebYUary 11, 2014
-75-
Iteni -VI-L.Sa/b
PLANNING ITEM #63490
The following individual registered to speak:
R.J. Nutter, Attorney for Applicant advised this property is very unique and addressed the concerns
rai,sed by Council Lady Henley.
Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council APPROVED/
PROFFERED/CONDITIONED, Applications of MG HOMES, LLC and TRIISTEES OF
TIDEWATER UNITED CHURCH OF CHRIST re property at West Neck and North Landing Roads:
DISTRICT 7 - PRINCESS ANNE
a. Conditional Chan eofZoninQ from 0-2 Agricultural to
Conditional R-SS Residential
b. Modi acation of a Conditional Use Permit re sale of property to
MG Homes, LLCfor residential development
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications of MG HOMES, LLC and TRUSTEES
OF TIDEWATER UNITED CHURCH OF CHRIST re property at
West Neck and North Landing Roads (GPIN 1494801286) DISTRICT 7-
PRINCESS ANNE
a. Conditional ChanQe ofZoningfrom 0-2 Agricultural to
Conditional R-SSResidential
The following condition shall be required:
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
b. Modi acation ofa Conditional Use Permit re sale ofproperty to
MG Homes, LLCfor residential development
The following condition shall be required.•
The conditions of the Use Permit approved on September 9, 1997, are
superseded by the conditions herein.
2. Upon subdivision of the existing property, the size of the parcel occupied by the
existing church shall not be less than four (4) acres.
3. The layout of the site shall be as depicted on the submitted Plan entitled
"Modification of Conditions Plan, Tidewater United Church of Christ, "
prepared by WPL, and dated November 25, 2013. Any additional construction or
site modification shall require Modification of this Use Permit.
February 11, 2014
-76-
Itena -VI-L.Sa/b
PLANNING ITEM #63490(Continued)
4. The exterior of the building on the site shall be in substantial conformance with
the building elevations and material boards submitted with the application
package dated June 27, 1997, with the exception of the color of the gutters and
downspouts, which shall match the color of the painted wood trim.
5. Signs shall be constructed in accordance with renderings submitted with the
application package dated June 27, 1997. Not more than one (1) free-standing
sign is permitted, and such sign may be double faced.
A copy of the verbati`n of tonight's discussion is hereby made a part of this record as Council Lady
Henley requests the Developer adhere to certain City Council concerns not noted in the above
conditions.
Voting.• 10-0
Colincil Members VotingAye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Coltincil Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
1
VIRGINIA BEACH CITY COUNCIL
February 11, 2014
7:42 p.m.
FORMAL SESSION
APPLICATION OF MG HOMES, LLC
AND TRUSTEES OF TIDEWATER UNITED CHURCH OF CHRIST
VERBATIM
CITY COUNCIL
William D. Sessoms, Jr., Mayor
Louis R. Jones, Vice-Mayor
Robert M. Dyer
Barbara M. Henley
Shannon DS Kane
Brad Martin
John D. Moss
Amelia Ross-Hammond
John E. Uhrin
Rosemary Wilson
James L. Wood
At-Large
Bayside - District 4
Centerville - District 1
Princess Anne - District 7
Rose Hall - District 3
At-Large
At-Large
Kempsville - District 2
Beach - District 6
At-Large
Lynnhaven - District 5
CITY MANAGER:
CITY ATTORNEY:
CITY ASSESSOR:
CITY AUDITOR:
CITY CLERK:
James K. Spore
Mark D. Stiles
Jerald Banagan
Lyndon S. Remias
Ruth Hodges Fraser, MMC
SARAH DEAL JENKINS, MMC
DEPUTY CITY CLERK, II
2
VICE-MAYOR JONES:
MG Homes, LLC, and
Christ re property
Princess Anne Dist
again.
The next item of business is Planning
Item 5, which is the Application of
Trustees of Tidewater United Church of
at West Neck and North Landing Road in the
rict. We get to see Mr. Nutter limp up here
R. J. NUTTER: For the record, my name is R. J.
Nutter. I'm an attorney representing
the Applicant, which is MG Homes, as well as the partners of
the Tidewater United Church of Christ. This Application, and
I'l1 try to be brief because I know Mrs. Henley has some
questions on it, but it actually began, to tell you how long a
good application takes to address all of the issues, back in
December of 2012. So, when you talk about the difficulty
developing a piece of property near the ITA, in the TA,
outside of the AICUZ, and any other acronym I can throw at
you, it takes a while, but during that time we went through a
lot of hoops and issues.
It's a relatively small piece of property. It began as 7.3
acres, and what happened is they filed the application. The
property was zoned 0-2, which is somewhat unusual down in this
neck of the woods, as Mrs. Henley will tell you. You're not
going to find many pieces of property in the Transition Area
currently zoned for commercial uses. During that time, they
went through the Historic Review Process Board for all of
their homes to go through that process, receiving approval of
those so that all of the homes have dressed up materials,
dormers are designed for that, garage doors, special lighting
in the neighborhood; all those kinds of features are dictated
through that process.
After that time when they submitted this then to staff, I
actually was not involved, and they had a much higher density
rating and a much lower open space ratio. So, at any rate, as
a result of that, we met with staff and heard the concerns of
that area as to what we should try to achieve here. That
resulted in our reducing the density of the property and
trying to increase the open space. That led to our discussion
with our adjacent property owner, the church, and the church
is zoned AG; that's the only portion of the property that's
currently zoned AG. And we met with them actually over a six
to seven month period before they finally decided it was in
their interest, as well, to participate in this.
You may know, it's a very small church. They have a day care
facility. They were very excited about that. And we were
approaching them at the time about buying 3-plus acres of land
so we could make sure we have open space requirement, could be
3
served by them, as well, and would be forever restricted as
natural area. They were very concerned about not wanting to
change the character of what was next to them. They did,
however, notwithstanding all those preconditions, want full
market value for the property as if it were being developed
for residential property. They went through two lawyers in
that process. So, we had to pay for property as if we were
buying a lot, if you develop a lot in this area of the city.
But that enabled us, then, to get to a point where we could
come up with, in this case, 490 open space and at the same
time reduce our density even further.
So, what we did, because we were trying to achieve several
purposes with the open space, when it first came to me the
first time it had a home right here, and I was very concerned
that wouldn't allow us to do 100-foot length of the property
open space along West Neck Road. As you may know, right
across the street now is the brand new Kellam High School,
336,000 square feet of new facility right across the street.
So, that's had an effect to make this a very unique piece of
property, as well.
You may also know, normally you would know this, but I'll tell
you what happened. When the school was going to be located
here, there was an access way into the church, and there was a
second access way into this property. The owners of this
property worked with the City and agreed to one access way if
they would build, and actually the owners of this property put
$50,000 of their own money to upgrade this access way so it
serves the church. There's been a very good long-term
relationship between these parties prior to this application.
But it resulted in a combined access way that coincided with
where the new access way would be for the school. So, we've
been long-time participants or my clients have been long-time
participants in making sure this area develops in a uniform
fashion.
So, with that, we eliminated this lot. We also eliminated a
lot here so that when you drive in to the property you're not
just having internal open space, but you have this vista
coming into the property both here and here into that open
space area. Then, finally, even though the church was okay
with 24 units, we agreed with Mr. Whitney's office to reduce
an additional unit here to 23 units, which is where we are
today, so that we would have a strong connection between the
area we were buying from the church and the rest of the
neighborhood to be a strong tie between these open space
areas.
So, it was actually very much our very real intent to make
4
sure this was not just complying with meeting the 490
requirement but actual usable visible area that was a real
asset to the residents of that community. But as Mrs. Henley
will tell you, this is a very unique piece of property. It is
unique because it is literally within about 400 yards, as the
crow flies. From the Municipal Center it's in walking
distance. It's one of the few pieces of property out here
that's not covered by the AICUZ, so we don't have any Navy
issues. It is currently zoned 0-2, which is very unusual, and
it's adjacent to a piece that's owned by the Navy Federal
Credit Union, which is under construction, a new credit union
with, I believe, drive-thrus, is what I'm told. I haven't
seen their plan.
So, it's a very unique piece of property. Yes, it's in the
Transition Zone, clearly, but every piece of property in the
Transition Zone, certainly, as you get closer to these type
features, has unique attributes. And that's why we were
trying to achieve much lower density than my client originally
intended, Mrs. Henley, but a much higher open space than what
you all were looking for.
So, what we believe because of those unique features, this is
very unique, it wouldn't apply, in our opinion, to properties
elsewhere down the road, because frankly we're impacted by the
school which is literally right across the street and shares
the access way with us. Otherwise, your staff is recommending
approval. Your Planning Commission recommends approval. We
had the pleasure of ineeting Mrs. Henley's ITA Committee back
in early December, received no real comments of opposition
from them. So, we really felt like we've been on the path.
We've met with adjacent property owners. There are a couple
other property owners up along North Landing Road that we met
with that wanted to make sure what was going on with the
church and so forth. So, we've really had to reach out to
everyone we could. But, Mrs. Henley, that's our position
right now and case, if you would, and I'm happy to answer any
questions you might have.
COUNCIL LADY HENLEY: Well, I really asked, and I
appreciate your allowing the time,
because this property, I'm very much concerned about
precedent. Often times we hear "well, the City Council is
allowing this, so, therefore, it's okay to do this", even
though maybe our Comprehensive Plan or something says
something else. That's kind of the way we are in this
situation. This property is in the Transition Area, which has
as a maximum density 1 unit per acre. However, it's close to
the ITA, not in the ITA; close to the ITA, actually adjoining,
5
if you look closely at one of the drawings. The ITA, the
Inter-facility Traffic Area, Plan does indicate that in that
little area of the ITA that is not impacted by the high noise
zone that there should be some consideration given to having
some greater density, because actually in the rest of the ITA
it's not to have residential at all. And so, what is here is
just something that worries me a little bit that as we have
other vacant properties in this area that's Transition Area,
not ITA, when we approve this at 2 units per acre, a little
above 2 units per acre, then in some of these other areas that
are in the Transition Area but not ITA we're going to hear
"well, the Council has done this, and so, therefore, we want
it, too".
So, I think the important thing, if we're going to deviate
from a plan, is that we establish a definite distinction. And
so, I hope this will go in the record and not just Council
approve this, because I will ultimately make the motion to
approve it, but with extenuating circumstances for this
property which I don't believe do apply to other properties.
This property is sandwiched among some institutional and
office uses. That 0-2 on the corner of West Neck and North
Landing is a very old zoning that I guess came from --
R. J. NUTTER: I'm not sure, myself.
COUNCIL LADY HENLEY: -- the 1960's or something. And it's
been there all these years as an 0-2
zoning, but it's only now developing as a Credit Union. A few
years ago, we did agree to rezone this property to 0-2, kind
of recognizing that perhaps it wasn't in the best interest for
residential, and actually this was before we did the ITA
Study, because of the fact that it adjoins the other 0-2 and
the church and also has some pretty low property on it. And
the little office park that we approved as Conditional 0-2 was
going to stay out of that low area and so forth. I still
think it would be better as an office park than residential.
And so, I think these factors would distinguish this from any
of the other properties, because when you look at the map on
the other side of the church you're going to go right on down
West Neck Road with other properties that we're going to be
seeing, and some of them we're going to be seeing a whole lot
sooner than I thought we were going to be seeing. So, I'm
just giving you that as fair warning. So, I really think we
have to, if we say we're going to look at things on a
case-by-case basis, we have to establish those reasons that
this property is very unique.
But there is one other thing that does worry me, and I want
6
some explanation or assurance. When I look at this plan, it's
a nice looking plan, if it were an age-restricted development.
These are on 5,000 square-foot lots, R-5, although most of
them are, I guess, the smallest one is 5,500, so they're a
little above 5,000, but they are small lots. And this open
space that was added was open space that was purchased to put
onto this property so you could achieve that open space
requirement, but it's not usable open space for the people
that are going to be living here.
And I think the rationale for clustering housing into small
lots leaving open space is that, well, that open space is
going to allow these people to have some recreational area
that they won't get on their house lot because their house lot
is so small. You do have some other open space throughout
just as little spots and there is a tot lot, but this
particular open space has the notation on it that it's
possible future pedestrian pathways for the Home Owner's
Association. I just want to make certain, and I think I had
in an explanation from staff, that the reason it's now saying
"possible" is that you haven't done all of your Wetlands
delineation because this is very low land.
R. J. NUTTER: Yes, Ma'am.
COUNCIL LADY HENLEY: But I want to make sure that the
developer is going to be developing
these pedestrian walkways, and it's not going to be left to a
23-lot Home Owner's Association because they aren't going to
be able to afford it.
R. J. NUTTER: I understand. We think the trails
are relatively minimally intrusive.
We talked a lot about them with the church. In fact, at one
point the church wanted to use those trails and participate in
them, as well.
COUNCIL LADY HENLEY: But the developer will be
constructing the trails?
R. J. NUTTER: Yes, Ma'am.
COUNCIL LADY HENLEY: But I am still concerned, because the
kids who are growing up in this
little development don't have any place to go play ball or to
do anything that gets them out of the house, and I really
worry about that. I mentioned that before in something else,
and I really think open space is supposed to be usable open
space. It's supposed to be recreational area. If it's not an
age restricted, you're going to have youth who need to be
7
outside, not sitting on the steps somewhere, but they need to
be outside and have an area for recreation and I just don't
see that here.
R. J. NUTTER:
Sure.
COUNCIL LADY HENLEY: Is there some possibility that some
part of this back area there could be
cleared and there could be some cleared area that there could
be a recreational opportunity?
R. J. NUTTER: We had talked about a potential
gazebo back there with the church.
In fact, the church's original plan showed a gazebo feature
back there.
COUNCIL LADY HENLEY: Well, the kids are not going to play
very well in a gazebo. I want
someplace where they can play.
R. J. NUTTER:
I understand.
COUNCIL LADY HENLEY: Play ball and so forth. Well, I know
you're not perhaps prepared to answer
this, but this is a great concern of mine and I really do hope
that you will work on this open space and at least make some
open area here for the kids in this area to have a place to
play, because I think it's something we would require of other
developments, having open space; but it's not really usable
open space, isn't very good.
R. J. NUTTER: I understand. And frankly, one of
the reasons we eliminated a third
lot, another lot at the very end, was to make sure there was
an actual significant tie here. There was a lot. This was a
lot that you probably could recognize with this, and we
elected to eliminate that lot to make sure --
COUNCIL LADY HENLEY: Take those trees out of that lot and
let it be an open area where the kids
can play; how about that?
R. J. NUTTER: -- sure.
COUNCIL LADY HENLEY: Would you give that consideration?
R. J. NUTTER: I think they want this to be very
accommodating. Yes, Ma'am.
COUNCIL LADY HENLEY: Okay. Well, I really want to make
8
sure now when the next application
comes in along West Neck Road or North Landing Road and they
come in and point to this as a precedent, you all are going to
remember that this has very unique situations and if the other
properties don't share these situations that we have not set a
precedent that the Transition Area can have two units per
acre.
R. J. NUTTER: And I want to reiterate, can I go
back to the aerial, if I could? The
ITA Committee put a lot of time on this, because they were
considering another application. In fact, they already acted
on another application on Indian River Road where they were
concerned about a precedent going down the road. And when
this came to them, part of the reason why they felt more
comfortable with it is because it was sandwiched with the
school here right directly across the street, as you can see.
It had a church here, 0-2 use here, existing uses here, and
sandwiched in the back there's a very low area back here with
wetlands and low drainage areas. So, they really felt like it
was a completely isolated parcel, and as a result that's why
they agreed to treat it somewhat differently than they might
have otherwise done so. So, I want to reiterate what
Mrs. Henley is saying, that that's what the finding of the
committee was in large measure, that it was unique and thereby
justifying a slightly higher density than was otherwise called
for in the ITA.
COUNCIL LADY HENLEY: Just on the other side of that church
and on down is potential property
that's going to be coming in here.
R. J. NUTTER: That's what I understand.
COUNCIL LADY HENLEY: Just because of these unique
circumstances, and you will be
looking at the ability to have some open area for the youth in
that area to get some exercise.
R. J. NUTTER: Yes, Ma'am, absolutely the case.
COUNCIL LADY HENLEY: Based on that, I will move approval.
COUNCIL LADY WILSON: Second.
VICE-MAYOR JONES: Motion has been made and seconded.
Is there any discussion?
COUNCILMAN MOSS: I'd just like, while Barbara and I
don't agree on everything, I thought
9
her explanation of that was extremely great, and I just wonder
is there any way when making the motion that we could modify
it such that there would be an opportunity to go through and
look at the transcript of her rationale, and that that could
be then at the approval of the minutes we could capture those
special circumstances and that could be made part of the
motion at the adoption of the minutes that we've made a
provision for that so it wouldn't be lost later to remember
what they were? She did a great job, but they need to be kind
of like condensed down. But if they could be amended and
incorporated in the minutes when we adopted the motion later?
CITY ATTORNEY: I would defer that to Mr. Macali and
Mr. White.
STEPHEN WHITE: If we can get a transcript from the
City Clerk's office of this item
included in the official record?
COUNCILMAN MOSS: I think that would be an excellent
idea.
COUNCIL LADY HENLEY: I'd appreciate that, thank you.
VICE-MAYOR JONES: Are there any other speakers?
CITY CLERK: No, Your Honor.
VICE-MAYOR JONES: A motion has been made and seconded.
The vote is open.
CITY CLERK: By a vote of 10 to 0, you have
approved the application.
R. J. NUTTER: Thank you very much.
(Whereupon, the discussion of this matter was
concluded.)
-77-
Iteni -VI-L.6a/b
PLANNING
ITEM #63491
Upon motion by Councilman Dyer, secofzded by Council Lady Wilson, Ciry Council APPROVED/
CONDITIONED, BY CONSENT, Applications of CHRISTIE ROTHER, JENNIFER FEDOROWICZ
and TROYSCOGGIN at 2310 Princess Anne Road DISTRICT 7- PRINCESS A1VNE
a. Conditional ChanLye o Zonin from Conditional 0-1 Office to
Conditional B-1 Neighborhood Business
b. Conditional Use Permit re a retail "specialty shop "
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications of CHRISTIE ROTHER, JENNIFER
FEDOROWICZ and TROY SCOGGIN at 2310 Princess Anne Road
(GPIN 2404531549) DISTRICT 7- PRINCESS ANNE
a. Conditional Change o Zonin from Conditional 0-1 Office to
Conditional B-1 Neighborhood Business
The following condition shall be required:
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
b. Conditional Use Permit re a retail "specialty shop "
The following conditions shall be required:
All signage shall be approved by the City ZoningAdministrator
2. All landscaping shall meet the minimum requirements as defined by the City
Landscape Ordinance
February 11, 2014
-7s-
Item -VI-L.6a/b
PLANNING ITEM #63491(Continued)
Yoting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Cozrncil Members Voting Nay:
None
Council Members Absent.•
Mayor William D. Sessoms, Jr.
February 11, 2014
-79-
Itenr -VI-L.7
PLANNING
ITEM #63492
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council DEFERRED TO
FEBR UARY 25, 2014, BY CONSENT, Application of CITY OF VIRGINIA BEACH to AMEND § 401
of tlie City Zoning Ordinance (CZO) re Farm Stands in Agricultural Districts.
Poting.• 10-0
Council Members Yoting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Coatncil Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
-80-
ITEM VI-M
APPOINTMENTS ITEM #63493
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
GREEN RIBBON COMMITTEE
HUMAN RIGHTS COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
VIRGINIA BEACH COMMUNITY DE VEL OPMENT CORPORATION (VBCDC)
2040 VISION TO ACTION COMMUNITY COALITION COMMISSION
WORKFORCE HOUSING ADVISORY COMMITTEE
February 11, 2014
-81-
ITEM VI-M
APPOINTMENTS ITEM #63494
Upon NOMINATION by Council Lady Henley, City Council APPOINTED:
BEN DAVENPORT
Unexpired Term Thru 1213112014
plus Three Years to 1213112017
CHESAPEAKE BAYAREA PRESERVATION BOARD
Voting.• 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Coitncil Members Voting Nay:
None
Council Members Absent.'
Mayor William D. Sessoms, Jr.
February 11, 2014
-82-
ITEM VI-M
APPOINTMENTS ITEM #63495
Upon NOMINATION by Council Lady Henley, Ciry Council REAPPOINTED:
GLENN CARWELL
PATRICK McATAMNEY
BERNICE POPE
ANN FERRELL TATA
Three Year Term 0110112014 - 1213112016
HISTORIC PRESERVATION COMMISSION
Voting: 10-0
Council Members Troting Aye:
Robert M. Dyer, Barbara M. Henley, Vice MayoY Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Coisncil Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
-83-
ITEM VI-M
APPOINTMENTS ITEM #63496
Upon NOMINATION by Council Lady Henley, City Council APPOINTED:
ROBERT S. BRACKNELL
ROBERT G. SCOTT
ThYee Year Term 0310112014 - 0212812017
PERSONNEL BOARD
Voting: 10-0
Cozcncil Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
-84-
ITEM VI-M
APPOINTMENTS ITEM #63497
Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED:
WILLIAM D. ALMOND
MICHAEL B UTLER
JAMES H. DAVIS
PRESTON MIDGETT, II
CRAIG ROBACK
SYLVIA STRICKLAND
KENNETH TAYLOR
GERRIE KING WEST
Three Year Term 0110112014 -12/31/2016
and
APPOINTED:
KRISTINA CHASTAIN
Three Year Term 0110112014 -12/31/2016
RESORT ADVISORY COMMISSION
itoting: 1 0-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
-85-
ITEM VI-M
APPOINTMENTS ITEM #63498
Upon NOMINATION by Council Lady Henley, City Council CONFIRMED t)ze Governor's Appointment:
WILLIAM "BILL" SORRENTINO, JR., P.E.
Four YeaY Term
SOUTHEASTERNPUBLIC SERVICE AUTHORITY
"SPSA"
Voting: 10-0
Coitncil Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 11, 2014
-86-
APPOINTMENTS ITEM #63499
Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED:
DR. KAREN KWASNY
MICHAEL B. NEWBILL
Three Year Term 0310112014 -12/31/2016
TRANSITIONAREA/ITA TRAFFICAREA CITIZENSADVISORYCOMMITTEE
Voting.• 10-0
Cozincil Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Yoting Nay.
None
Coaincil Members Absent.•
Mayor William D. Sessoms, Jr.
February 11, 2014
-88-
PUBLIC DIALOGUE
Dreda Symonds, 804 Lord Lincoln Court, Phone: (757) 404-2576, advised she is a biologist with the
Public Works Department and her 35 year tenure makes her eligible for retirement. She expressed her
appreciation to the City for fio longer considering the December 10, 2013, recommendation from
MERCER. In the Public Works Department, approximately '/ of the City Employees grossed under
$27, 000 annually and 8% are below the federal standards of poveYty. For spouses and families, the
benefits are extremely important. Please consider an alternate cost sharing percentage and make health
insurance affordable for the Ciry employees.
Kaitlin Jensen, 520 Woodshire Way, Phone: (757) 646-5277, advised she is pleased the concerns are
being heard and acted upon. She understands she will be paying more each year but found the December
10, 2013, presentation to City Council and School Board offensive. Mrs. Jensen and her husband are
both teachers with VBCPS and most of their health care costs are for preventative care. She encouraged
the City to reach out to other cities and find out how they are able to keep the insurance costs at a
reasonable rate for employees.
Russell Wilson, 1001 Purrington Court, Phone: (757) 339-6723, advised he works for the School Plant
Services. Mr. Wilson expressed concern regarding the health care costs and would like to see more
trazzsparency to overall government.
Natacy Lee, 3521 Indian River Road, Phone: (757) 427-6404, stated she and heY husband were
approached by the City to purchase their primary residence and the land it sits on. The City's appraisal
valued the property at $16, 000 per acre but they failed to place a value on the 2,700 square foot
residence. The problem the Appraiser faced is the uniqueness of the properry as it appears there are no
other comparable properties in the City.• 27-acre lots do not exist. Mrs. Lee acknowledged they do not
have to sell to the City and she questions the integrity of this offer. Mrs. Lee asked how the Ciry could
require them to pay taxes on a structure that, according to the appraisal, has no value. Mrs. Lee
requested the Ciry Council help ensure they are being treated fairly and will be offered a reasonable
price for the property, including the 2,700 square foot brick dwelling they call home.
Christine Ross, 749 Whistling Swan Drive, Phone: 905-0265, requested the City close the Abortion
Clinics within the City by rezoning the properties, buying the buildings where they operate and/or
declaring the clinics as "dangerous nuisances ".
Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, stated he does not believe in "back room deals ".
Mr. Wright expressed his disappointment in the City regarding the election process. The election system
in place is wrong and the time has come when change is needed. He is not concerned for himself but for
his children and grandchildren. A few of the City Council Members ' years of service combined
February 11, 2014
-89-
PUBLIC DIALOGUE
(Continued)
total are over 60 years and that is long enough. Mr. Wright is loohzng to change the process before the
next election. Mr. Wright stated every citizen deserves fair representation.
Venus Marshall, (757) 289-5602, stated she agrees with Mr. Wright regarding the need for change to the
election system. Ms. Marshall is persistent and will come before City Council as long as necessary until
a true "At Large" voting systena is in place. Votes count and recounts cost money. With some Council
Members having 30+ years of service need to consider that when it comes to this year's election.
Andrew Jackson, advised he is a 57-year resideiat of the City and requested the City operate in a
democracy form of government, where everyone participates equally. Everyday citizens should be heard
as tnuch as the "special interest" groups are heard. Mr. Jackson expressed concern regarding the City
Council's Closed Session, particularly the discussion of appointment of persons to Boards and
Cornmissions. The law says no vote shall take place in Closed Session and it appears that the City
Coiincil is voting on the individuals to be appointed. Mr. Jackson stated that November is an "equalizer"
and he intends to work to do just that, equalize the City Council to ensure that everyone is represented
fair°ly.
Vice Mayor Jones acknowledged Stephen Kelley, a Boy Scout in attendance and expressed appreciation
to the young man and his father for attending.
The Public Dialogue re Non Agenda Items concluded at 8:36 P.M.
February 11, 2014
-87-
Iteni -VI-P
ADJOURNMENT ITEM #63500
Mayor William D. Sessoms, Jr., DECLARED the City Council Meetirag ADJOURNED at 8:03 P.M.
mt,
Amanda Finley-Barnes, CMC
Chief Depury City Clerk
7
uth Hodges Fraser, MMC
Citv Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
February 11, 2014