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Home My WebLink AboutMAY 5, 2015 MINUTES 1 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0.1.11A•Bz40 MAYOR WILLIAM D.SESSOMS,JR.,At Large Jti� .w, tL VICE MAYOR LOUIS R.JONES,Bayside-District 4 � - M.BENJAMINDA6ENPORT,AtLarge ROBERT M.DYER,Centerville-District I U' ` I\ BARBARA M.HENLEY,Princess Anne-District 7 SHANNON DS KANE,Rose Hall-District 3 R '� JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 prs - oHs'U JOHN E.UHRIN,Beach-District 6 °p°"s ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvnnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-JAMES K.SPORE VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITYASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC 5 May 2015 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL RECONCILIATION - Conference Room- 3:00 PM A. FY 2015-16 RESOURCE MANAGEMENT PLAN (Budget) II. CITY MANAGER'S BRIEFING A. Green Sea Plan Clay Bernick, Environmental and Sustainability Administrator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend K. Todd Holt Pastor Great Neck 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 1. INFORMAL and FORMAL SESSIONS April 21, 2015 2. SPECIAL FORMAL SESSION April 23, 2015 3. SPECIAL FORMAL SESSION April 28, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Lakeside Construction Day Eric C. Anderson 2. PROCLAMATION—Virginia Organizing Month Tim McCarthy and Deborah Grant I. PUBLIC HEARING—Light Rail VIRGINIA BEACH TRANSIT EXTENSION PROJECT Local Preferred Alternative J. PUBLIC HEARING—Franchise Agreements Proposed five (5) year Café Franchise Leases of City-owned property: a. 11th Street Boardwalk Café 11th Street b. Atlantic Avenue Side Street Café 11th Street c. Planet Pizza Sidewalk Café Atlantic Avenue d. Seaside Raw Bar Sidewalk Café Atlantic Avenue K. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT Five (5) year Franchise Agreements for Open Air Cafés : a. 11th Street Boardwalk Café 11th Street b. Atlantic Avenue Side Street Café 11th Street c. Planet Pizza Sidewalk Café Atlantic Avenue d. Seaside Raw Bar Sidewalk Café Atlantic Avenue 2. Ordinance to AMEND Public Works Specifications and Standards re commercial entrances on connector streets East of Atlantic Avenue 3. Ordinance/Resolution to AUTHORIZE: a. Acquisition of property from Equity Trust Company to protect the Southeastern Parkway and Greenbelt alignment at Credle Road b. Temporary suspension of the Commercial Parking Restrictions as a right-of-way at 712 Atlantic Avenue c. Establishment of Swift Medical Transport d. An annual EMS Permit re ambulance services for Swift Medical Transport 4. Ordinances to ACCEPT and APPROPRIATE: a. $25,000 federal funding from the Virginia Department of Environmental Quality(DEQ)re Storm Water Quality Enhancements II. b. $3,050 for the Professional Support Development Team (PSDT) re employee training 5. Ordinance to TRANSFER$220,000 of the Sheriff's Office FY 2014-15 Budget and AUTHORIZE four (4) positions re workload demands L. PLANNING 1. CCW DEVELOPMENT ASSOCIATES, LLC for a change in a Non-Conforming Use re a residential condominium at 2606 Arctic Avenue and 400 27th Street DISTRICT 6—BEACH RECOMMENDATION: INDEFINITE DEFERRAL 2. LEONARD M. LYON for a change in a Non-Conforming Use to ADD living space and move a dwelling at 4481 Lee Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. ATLANTIC DEVELOPMENT ASSOCIATES, LLC/CAROLYN D. and WILLIAM D. WOOD re Variance to the Subdivision Regulations re a corner lot at 407 53rd Street DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 4. THOMAS R. and JOAN G. ECKERT for a Conditional Change of Zoning from R-7.5 Residential to Conditional PD-H2 Planned Development, R-5D Residential and Conditional B-1A Business re office and residential use at 4444 Shore Drive DISTRICT 4—BAYSIDE RECOMMENDATION DEFERRAL TO JUNE 2, 2015 5. AARON HOLLEY/CONTE ACQUISITIONS for a Conditional Use Permit re a Craft Brewery at 1805 Laskin Road DISTRICT 6—BEACH. RECOMMENDATION: APPROVAL 6. KROGER LIMITED PARTNERSHIP I/TIDEWATER INVESTMENTS and CHARLIE WEAVER for a Conditional Use Permit re a service station at 5285 Providence Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. ASSEMBLY OF YAH, INC. for a Conditional Use Permit to enlarge the church building re a Religious Use at 5151 Locke Lane DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS —New Construction COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS I II i 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 ******************************* 2015-2016 RESOURCE MANAGEMENT PLAN SCHEDULE RECONCILIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12TH -1- tiq` ,5,-r ra , � AY, r a x * 'Jo Sr Yr VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 5, 2015 Mayor William D. Sessoms, Jr., called to order City Council Reconciliation, in the City Council Conference Room, Tuesday, May 5, 2015, at 3:00 P.M. Council Members Present: M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 5, 2015 -2- CITY COUNCIL RECONCILIATION FY2015-16 RESOURCE MANAGEMENT PLAN (Budget) ITEM#64787 3:00 P.M. Mayor Sessoms expressed his appreciation to those in attendance. As in past years, Mayor Sessoms and Vice Mayor Jones submitted their joint letter in "Reconciliation of the FY2015-16 Operating and Capital Budgets", which is here made a part of the record. Mayor Sessoms expressed his appreciation to the Department Directors and Management Services for all of their hard work in presenting their proposed Budgets this year. Councilman Moss provided his Alternative Budget that does not require a tax increase and requires the City to "live within its means"since that is what the public expects the City to accomplish. He provided the Alternative Budget to City Council Members via email which is here made a part of the record. Specifically, the Alternative Budget provides no increase in the Real Estate Tax Rate, Local Vehicle Fee and Cigarette Tax. Also, the Alternative Budget does not include funding for Light Rail, captures lapse savings and additional savings through partial year funding of certain vacant positions,provides funding for ten (10) new Police Officers (six months), six (6) new Firefighters (six months) and Police Body Cameras. He advised he will make further amendments as he just learned of additional savings through various initiatives prior to the Vote on Tuesday, May 12, 2015. This is not a change in service level; however, only a change in the City's priorities. He also feels Light Rail is interracially linked to the Budget and advised he has studied that more than anyone on City Council. The City is a long way from a "Record of Decision" on Light Rail from the Federal Transportation Administration and to tax the public in order to collect monies in advance of needs is, in his opinion, is reckless. The State will not release any funds until there is the "Record of Decision". Council Lady Wilson asked if City Council can look at Councilman Moss'point regarding the Police Officers and, if the City has vacant positions being fully funded, the City should consider his recommendation. Mayor Sessoms liked Councilman Moss' recommendation to have Pawn Brokers and Second Hand Dealer's fee increase to cover the cost of the program. Councilman Davenport also agrees with Councilman Moss' recommendation regarding Pawn Brokers and Second Hand Dealers. Council Lady Ross-Hammond advised she is in agreement with the Mayor and Vice Mayor's proposal. May 5, 2015 -3- CITY COUNCIL RECONCILIATION FY2015-16 RESOURCE MANAGEMENT PLAN (Budget) ITEM#64787 Councilman Dyer expressed his disappointment with the process. He does not support any funding for Light Rail, or Tax Increase and considerable pay raise for employees. He feels including Light Rail in the Budget is, at a minimum, disingenuous since the City Council does not have the information needed to make a responsible decision. He compared this process to the `Affordable Care Act"in that the vote was cast before finding out the real implications. He feels there is better technology than Light Rail available. He feels the vote is premature and does not send a good message to the public if we vote before all information is available. He feels the City should make decisions based on the ability to pay. He feels Citizens have already had a Tax Increase when taken into consideration the increases in the Water and Trash bill. With 40% of the students in schools receiving free or reduced lunches shows the Citizens cannot absorb any additional increases. The City cannot have a stable future unless the City is sustainable now and we know that is not the case. He stated there are too many "what-ifs" and unanswered questions to move forward now to fund Light Rail. Who is going to govern Light Rail? He does not feel the City really looked at every line item to make the City sustainable. He feels the City needs a better way to get Councilman Moss' ideas out there prior to the day before Reconciliation. Based on the aforementioned, Councilman Dyer advised he will vote No on the Budget proposed by Mayor Sessoms and Vice Mayor Jones as written. He feels the City needs to find a better way to show the public we, as Council Members, have done our due diligence. Council Lady Henley advised she is much more comfortable and optimistic about the future and, at this point, she feels the City is putting money into Multi-Modal Transportation. She referenced the Lake Gaston Project as a direct example of the importance of looking towards the future. The City must plan for the future just as families do and, in her opinion, the Mayor and Vice Mayor's proposed Budget does just that. She feels the City is sending the message to the State and that State funding will be reserved. She hopes the City sees a little more from the private property owners around the stations and hopes the City will reach out to those property owners and determine what they might be willing to do. She agrees with the sustainability comments of Councilmen Dyer and Moss and feels the City must plan for less dependence on the Department of Defense funding. She is proud of the efforts the City is making to bring new economic development into the City such as the Bio-Medical initiatives to keep the City looking towards the future. Mayor Sessoms thanked the City Council, City Manager and the entire City Stafffor their continued dedication and hard work. Mayor Sessoms expressed how impressed and pleased he is at the excellent job the City has done during some very difficult economic times. May 5, 2015 -4- CITY COUNCIL RECONCILIATION FY2015-16 RESOURCE MANAGEMENT PLAN (Budget) ITEM#64787 (Continued) Council Lady Ross-Hammond advised she would like to see if the City could fund the body cameras for the Police Officers in the FY2015-2016 Budget. Councilman Moss stated he respects Council Lady Henley's comments but does not feel his comments are pessimistic; however, he does feel his comments are his view of realism just as everyone else comments on their own. Council Lady Kane expressed she was happy to see the purchase of"rail cars"will be at a later date and pay raises for employees will be more than originally proposed. Council Lady Wilson asked if the City will be moving forward to have the City Services bills go out monthly. City Manager Spore advised City Council has not given Staff any formal direction but they are willing to do whatever City Council directs? Councilman Moss also confirmed the City will not move forward in purchasing the street sweepers until the City receives the Request for Products? Councilman Wood advised he feels Chief Cervera was very clear in stating he does not want to purchase the Body Cameras until he has had an opportunity to evaluate it with other large-City Chiefs around the Country. The technology for Body Cameras goes from something very large to the size of a button-hole. Chief Cervera has stated he will come back to City Council after he has had the opportunity to compare the technology. Councilman Wood also reminded City Council of the issues raised by the Commonwealth's Attorney and, he feels it is best to wait until monies are set aside. May 5, 2015 GOA'BE40 < City of Virgirnia Beach 9-s Op OUR NASION`' VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAx(757)426-5699 WSESSOMS9VBGOV.COM May 5, 2015 Members of City Council Subject: Reconciliation of the FY 2015-16 Operating Budget and Capital Improvement Program Dear City Council Members: After lengthy discussions with you and listening to the public input at the various public meetings, town halls, public hearings and via email, we would like to recommend adopting the Operating Budget and CIP with the following adjustments: 1. For our dedicated City and School employees, we suggest increasing the proposed pay increase from 3%to 4%. a. The required VRS increase and its tax offset of 1.34% would remain on July 1 st We will need to delay the proposed 1.66% increase from July 1 to October 1St and increase the amount to 2.66% for a total of 4%. The delay frees up some existing funding, but the City and Schools identified an additional $4.5 million, through a combination of reductions to various accounts,reduced debt service costs resulting from the recent bond sale, and additional revenue due to better than expected collections. This strategy requires reducing the City's portion of the 6 cents tax increase by 0.31 cents (from 2.2 cents to 1.89 cents) and increasing the schools portion by the same amount (from 2.0 cents to 2.31 cents). The city's loss of revenue will be offset by reductions in our debt service costs and health care budget. b. We would be remiss if we did not point out that delaying the increase until October 15t will result in rollover costs into FY 2017 of approximately $6 million for City and Schools, which is not addressed in the shifting of the salary increase. Reconciliation of the FY 2015-16 Operating Budget and Capital Improvement Program May 5, 2015 Page 2 2. Delay the implementation of the proposed $1 per room night charge from November 1St to January 1,2016. This will reduce the funding to the Tourism Investment Program(TIP)by $214,566 but will not impact the Arena Infrastructure Projects (19th Street Infrastructure Improvements, the Arena Infrastructure Development-On Site, and the Arena Infrastructure-Off Site). 3. As you will recall, from our briefing on the Arena related infrastructure projects, a switch of funding in the CIP between the two projects is recommended, which better aligns the funding with the scope of work but does not increase the overall cost of the projects. 4. Funding for the EMS Department is recommended to increase by $225,815. This will provide an additional 1.7 FTEs to enhance lifeguards at Sandbridge Beach; two additional zone cars; and matching funds of$75,000 to the Rescue Foundation to ensure we continue to attract and retain qualified volunteers. 5. Provide $5,000 to the Green Ribbon Committee for their proposed awards program. 6. Provide Children's Hospital of the Kings Daughters (CHKD) $100,000 for their building fund at the Princess Anne Complex. 7. Provide an additional $500,000 to fund the BioMedical Initiative, bring this funding up to a total of$1 million in FY 2016. 8. Fund $77,424 for one additional Auditor position in the City Auditor's Office, based on the recommendations of the Audit Committee, to address increasing workloads. 9. Add one position and $103,033 to the Aquarium's FY 2016 Operating Budget based on the Ordinance the City Council approved on April 7,2015 to provide this position through the end of FY 2016. This position is fully funded by the Aquarium Foundation. 10. Also for the Aquarium, add $1.1 million to the Marsh Pavilion Enhancements Project (3- 028) to provide for the design of phases four and five. Funding would be from Public Facility Bonds and a $250,000 reduction from Aquarium Building Systems and Facility Infrastructure Project(3-146). The details for the funding sources and the adjustments are identified on the first attachment. Project sheets showing the final funding for the Arena Infrastructure Projects are also attached. On the issue of Light Rail, we have a public hearing tonight to receive community input and are scheduled to select a Locally Preferred Alternative (LPA) on May 12th' which will be on our agenda prior to the vote on the Operating Budget and CIP. Reconciliation of the FY 2015-16 Operating Budget and Capital Improvement Program May 5, 2015 Page 3 In discussing the proposed changes, we have notified staff that they may need to be prepared to make adjustments to the ordinances based on our LPA decision. For now, no adjustments are recommended pending that guidance.We also suggest that before any advanced production order is placed for rail vehicles, that a separate vote be taken by City Council to authorize this action. Finally, with the reallocation of a portion of the ARP dedication supporting the realization of Light Rail, we should establish an annual review process to assess potential revenue adjustments should future ARP demands increase. We want to thank the public who came out to the various town hall meetings and public hearings to offer their comments on the FY 2015-16 Operating Budget and CIP as well as staff for their efforts to provide answers to our various questions. If you have any questions,please contact us directly. Sincerely, etiottAtx jotWilliam D. Sessoms, Jr. Louis R. Jones Mayor Vice Mayor Attachments (2) Reconcilitation Items 5/5/2015 11:28 City Operating Budget Revenue: Telecommunications(City Share) 473,410 Delay$ per night room tax to January 1 (TIP Fund) (214,556) Aquarium Revenue (approved Ordinance) 103,033 Subtotal 361,887 Appropriations: Aquarium Foundation position (approved Ordinance) 103,033 Green Ribbon Award Program 5,000 CHKD Building Fund 100,000 Biomedical 500,000 2 EMS zone cars&garage charges 85,000 EMS Recruitment 75,000 Sandbridge Lifeguards and Supervisor(1.75 FTEs) 65,816 Internal Auditor(1 FTE) 77,424 2.66 General Increase on Oct 1.for 4%Total Pay Increase 1,259,835 Reduction in TIP Fund Reserve for Contingencies (214,556) Health Care (1,450,000) Debt Service Savings (1,600,000) Reduction in General Fund Reserve for Contingencies (242,075) Increased Transfer to Schools 1,597,410 Subtotal 361,887 Schools Operating Fund Revenue: Schools Share of Telecommunications 226,590 Increase transfer to Schools 1,597,410 Subtotal 1,824,000 Appropriations: 2.66 General Increase on Oct 1.for 4%Total Pay Increase 2,750,000 Debt Service Savings (226,000) Reductions to various accounts (700,000) Subtotal 1,824,000 Capital Improvement Program Year 1 Year 2 Revenue: Public Facility bonds(Marsh Pavilion phase 4 and 5 conceptual) 850,000 Public Facility bonds(Arena) (3,966,000) 3,966,000 Subtotal (3,116,000) 3,966,000 Appropriations: 3-028 Aquarium Marsh Pavilion Enhancements 1,100,000 3-146 Aquarium Building Systems and Facility Infrastructure (250,000) 9-017 Arena Infrastructure Development-Off Site 2,185,000 3,966,000 9-015 Arena Infrastructure Site Improvements-On Site (6,151,000) 0 Subtotal (3,116,000) 3,966,000 City of Virginia Beach,Virginia Fiscal Years 2015-16 through 2020-21 Capital Improvement Program Project:9015000 'Title:Arena Infrastructure Site Improvements-On Site I Status:Proposed Category:Economic and Tourism Dev-EV Department:Strategic Growth Area Project Type Project Location Project Type: New Facility Construction/Expansion District:Beach Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2016 _FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 Funding_ 46,520,000 0 46,520,000 0 0 0 0 0 0 Description and Scope This project provides funding for design&construction of public infrastructure improvements to support a privately owned&financed 550,000-square foot 16,500-seat entertainment&sports arena on 19th Street across from the Virginia Beach Convention Center.The improvements were detailed in the July 8,2014 briefing to City Council titled"City of Virginia Beach Arena Infrastructure Cost-Preliminary Conceptual Cost Estimates"&include site work,addition of at least 2,700 parking spaces within 2,500-feet of the arena,addition of a public plaza next to the arena,lighting,storm water,&water/sewer connections.Additional improvements consist of VA.Beach Blvd.streetscape to include undergrounding of about 2,100 LF of overhead utilities via concrete duct bank,8-foot sidewalks,lighting&landscaping.This project will be funded with public facility revenue bonds paid for by the Tourism Improvement Program Fund,&a proposed 5-year increase in the hotel tax of$1 per room-night.This pro'ect is to be completed via a cost partici.ation agreement between the Ci &United States Management,LLC. Purpose and Need This project advances the 2008 Resort Strategic Action Plan goal of transitioning from a seasonal vacation spot to a year-round,world-class urban resort destination.The Arena,as proposed,accomplishes three major goals for the City:1.)establishes a significant economic generator in Virginia Beach,creating new jobs and attracting new events&new visitors to the City;2.)creates a year-round attraction at the oceanfront, boosting existing businesses&dramatically enhancing the City's national convention draw;&3.)provides a signature development that will offer events consistent with our Ci 's stature&enhance our national&international ex•osure. History and Current Status This project first appeared in the FY 2015-16 CIP.On November 8,2013 the City received an unsolicited private proposal from the W.M.Jordan Company,HKS Sports&Entertainment,&Global Spectrum.On November 12,2013 City Council authorized the City Manager to accept the proposal for further study.The Council agreed to allow 90 days for competing private proposals to be submitted.On February 17,2014 the City received an arena proposal from a consortium of United States Management LLC,AECOM Architects,Clark Nexsen Architects,Mortenson Construction,SB Ballard Construction&SMG.On March 24,2014 both companies presented their proposals to the City Council-appointed Citizens Communications Committee.On May 13,2014 City Council received a briefing from Convention Sports&Leisure(CSL)to provide an independent overview of each proposal.On May 27,2014 City Counciladopted a resolution directing the city staff to pursue negotiations with USM,suspend the PPEA process&the Jordan proposal pending the outcome of these negotiations,prepare a report determining the scope& cost of public infrastructure,&continue involvement of the Citizens Communications Committee.On December 9,2014 Council unanimously approved a non-bindin. a•reement/term sheet,which included the im•rovements in this.•ro'ect. Operating Budget Impacts To be determined Project Map Schedule of Activities , Project Activities From-To Amount ' , Construction 07/15-10/17 46,520,000 aw,T -- „.1 ,i mac `�. t r a; .V`.01:-b.: -.4"4 ', l t ' x„ Total Budgetary Cost Estimate: 46,520,000 " Means of Financing { Funding Subclass Amount r o - 1p i` is ( 46,520,000 ,� t�, Local Funding 3 , I , q7 ti 4.., ' t t ti ... `,� +c v 4 ,y 2h � :,\ i ii , • '4, ,,,,,--,,I,• ,rtj i i ,, ,,/ `` r 4, , rya Total Funding: 46,520,000 Fiscal Year 2015 16 2-14 Economic Vitality City of Virginia Beach,Virginia Fiscal Years 2015-16 through 2020-21 Capital Improvement Program Project:9017000 ITitle:Arena Infrastructure Development-Off Site I Status:Proposed Category:Economic and Tourism Dev-EV Department:Strategic Growth Area Project Type Project Location Project Type: New Facility Construction/Expansion District:Beach Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 Funding_ 21,151,000 0 6,980,000 14,171,000 0 0 0 0 0 Description and Scope This project provides additional infrastructure improvements to support a privately owned&financed 550,000 square-foot 16,500-seat entertainment&sports arena on 19th Street across from the Virginia Beach Convention Center.The improvements were detailed in the July 8, 2014 briefing to City Council titled"City of Virginia Beach Arena Infrastructure Cost-Preliminary Conceptual Cost Estimates".Improvements include street-scaping for Birdneck Road,&additional turn lanes&traffic signal modifications at surrounding intersections to include Birdneck Road, 19th Street,Virginia Beach Boulevard,21st,22nd&Parks Avenue to provide efficient vehicular&pedestrian access to&around the arena.This project will be funded with public facility revenue bonds paid by the Tourism Improvement Program Fund&a proposed 5-year increase in the hotel tax of$1 per room-night.This project funds acquisition for improvements along Birdneck Road&the intersection with Virginia Beach Boulevard.Projected acquisition is to secure properties to support arena parking requirements&to improve pedestrian walkwa s.Contin'en fundin• includes on-site&off-site im•rovements. Purpose and Need This project advances the 2008 Resort Strategic Action Plan goal of transitioning the City to a year-round,world-class urban resort destination. The Arena,as proposed,accomplishes three major goals for the City:1.establishes a significant economic generator,creating new jobs,and attracting new events and new visitors to the City;2.creates a year-round attraction at the oceanfront,boosting existing businesses and dramatically enhancing the City's national convention draw;and 3.provides a signature development offering events consistent with the City's stature and enhancin. Its national and international exposure. History and Current Status This project first appeared in the FY 201`5-16 CIP.On November 8,2013 the City received an unsolicited private proposal from the W.M.Jordan Company,HKS Sports&Entertainment,and Global Spectrum.On November 12,2013 City Council authorized the City Manager to accept the proposal for further study.The Council provided 90 days for submission of other private proposals.On February 17,2014 the City received an arena proposal from a consortium of United States Management LLC,AECOM Architects,Clark Nexsen Architects,Mortenson Construction, SB Ballard Construction and SMG.On March 24,2014 both companies presented their proposals to the City Council-appointed Citizens Communications Committee.On May 13,2014 City Council received a briefing from Convention Sports&Leisure(CSL)to provide an independent overview of each proposal.On May 27,2014 City Council adopted a resolution directing city staff to pursue negotiations with USM, suspend the PPEA process and the Jordan proposal pending the outcome of negotiations,prepare a report determining the scope and cost of public infrastructure,and continue involvement of the Citizens Communications Committee. Operating Budget Impacts To be determined Project Map Schedule of Activities Project Activities From-To Amount , Design 07/15-10/16 680,000 i - ' r ,;,; + - Site Acquisition 01/16-10/16 5,200,000 , ' ,00„ F= - Private Utility Adjustments 06/16-10/16 612,800 ,„ - ' r'` t`` Construction 10/16-10/17 8,400,000 --.''iii- ', ,, Street Lights 07/17-10/17 100,000 , t «- ' �It Landscaping 07/17-10/17 87,778 o ,„, 7 1 + . : ,,......i �a__„ Contingencies 07/15 10/17 6,070,422 lritt cr I,. tx� h , , ' � Total Budgetary Cost Estimate: 21,151,000 i r 1 i ` Means of Financing , ;t Funding Subclass Amount ' ;may s N8 � I. ',�5y Local Funding 21,151,000 416";:-= ...1'''''''...r; ;-:,=-A:, ."-".4_ 'i i_. ,, .i 1 T'.'iiV't*. , ' •fM t'. t y' -I, ,9.\ 4 .J 4- "4 l 7:1-77.1,`,,,.'i 1 ,E''':7'-'',�' � L1' 3 ap ' . F ,_ `•:d .''. -,1,',.,,,,'''. -,. .. Total Funding: 21,151,000 Fiscal Year 2015-16 2-13 Economic Vitality n 8t; -p-='-:,',.. ,,,,,....At . , *'':".:.1 7) 5 City of Virginia 1--31.c1--1fiS e ,„ G., oUR NAlvONS VBgov.cor MARK D.STILES MUNICIPAL CENTER CITY ATTORNEY BUILDING 1 2401 COURTHOUSE DRIVE /� .I VIRGINIA BEACH,VIRGINIA 23456-9004 May 4, 20 1 5 (757)385-4531 FAX(757)385-5687 TTY: 711 Mayor William D. Sessoms, Jr. Members of City Council Municipal Center, Building #1 Virginia Beach, VA 23456 Re: Councilmember Moss Budget Proposal Dear Mayor Sessoms and Members of City Council: Please allow this letter to serve as the transmittal to the enclosed set of documents provided at the request of Councilmember Moss. Any questions regarding this proposal should be directed to Mr. Moss. Sincerely, Dana R. Harmeyer Public Finance Attorney DRH:ka Enclosures cc: Mark Stiles, City Attorney y��. i aF.: ,.tsar �.T CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Councilmember Moss Proposal for the FY 2015-16 ,Operating and Capital Budget and Related Ordinances MEETING DATE: May 12, 2015 IN Background: On March 24, 2015, the MQnager prPposed the City of Virginia Beach FY 2012-13 Resource Managem : , which includes the Operating Budget and Capital Improvement Program. Re City h Id various wortrO-Rn and two public hearings (April 23' and April 28th, govide The public the 'qtgrtunity to comment on the proposed Resource Management=Ian '='N 0." i ` • Considerations: Attachedfinances make upke Operating and Capital �� s x Budget proposal offered by Councilme er.Moss. In general terms, this proposal provides: • No increase to the current real estate t *:rate of$0.9 cents per$100 of assessed real property; ti • No increase to..,t0144yehicle licence fee; 0. • No increase.kihe cigalAte tax; • . Funding folSOVols at fie same level s AO City Manager's Budget proposal; • Funding for the same Citi,compensation increases as the City Manger's Budget propo r. z;. • No int Lightly a and no Multi Modal Transit Fund; • raptures lapse savings at additional savings through partial year funding of 4totpertain vacant posions; tOr • T` n ew police of kers (sib°'months); • Sex !�s �` firefig htersta allow a fourth firefighter on ladder trucks (six months); and _ • Funding Fundiriik police body cameras. tiY � The following ordinances are provided as part of the Moss Budget Proposal that differ from the ordinancesfrvidetrl in the City Manager's Proposed Budget: 1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2015 and Ending June 30, 2016 in the Sum of$1,838,327,285 for Operations 2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2016 3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2016 4. An Ordinance to Amend City Code Sections 18-32 and 27-3 to increase the Permit Fee for Pawn and Secondhand Permits to Reflect the Actual Cost of Administration of Such Programs 5. An Ordinance to Adopt the FY 2016/FY 2021 Capital Improvement Program and to Appropriate $287,102,175 for the FY 2016 Capital Budget Subject to Funds being Provided From Various Sources Set Forth Herein The following ordinances that were included in the City Manager's Proposed Budget are included in the Moss Budget Proposal: 1. Sandbridge Tax Increment Financing District Surplus funds in FY 2014-15 Operating Budget 2. Virginia Retirement System Member Contributions by Salary#&duction Resolution 3. 2016 Employee and Retiree Health Insurance Plans Resolund.tion 4. Annual Funding Plan to the U.S. Department of Housing aUrban Development 5. Ordinance Amending the City Code Pertaining to th --Adminrsration of the Cigarette , Tax _ ;, 4Y. 6. Tax on Transients Obtaining Lodging Flat Fee.Ordinance 'V.5i, 7. Planning Fee Ordinance 4 =X 8. Water Tap and Meter Installation Fees t j4* 9. Resort Residential Parking Permit Ordinance 10.Ordinance Authorizing the Issuarve of General Oblig i1ion Bonds 11.Ordinance Authorizing the Issuance •Storm Water Ut!tty Sys em Revenue Bonds 12.Ordinance Authorizing the Issuance-44:and Sewer: tem Revenue Bonds - J, }""�y111K� r s''* The following ordinances that were included in_ i ,...,2..,..,:,, M ager's Proposed Budget are expressly excluded fro.;, i ss Budget P pose]:" zav 1. Vehicle Licen .Ordina a ..a 2. Ordinance Amending Amendir4tbe Ci4ye,tte Tax Rate 3. Resolutio,n„to Amend Policyfor'li� et nt of Tax Supported Debt ra � ` ■ iic Informa'tio.n The City provided appropriate public notices for the City Ma er's Proposed Budget whi . eluded: notice for operating and capital budgets, notice for.a proposed real estate IA increase, notice for a proposed vehicle license fee increase, notice for a cigarette tax increase, notice for the increase of flat tax on transients obtaining lodging, notice for increase in water tap fees, and notices for general obligatio Vater 'd sewer, and storm water bonds. A separate public hearing was noticed and'IW,. or the effective increase in real property assessments that fiyt occurred by way of'ricreased real property assessments in accordance with Virginia Code § 58.1-3321:` Information regarding the City Manager's Proposed Budget has been made available at the public libraries, City Hall, at various town hall meetings, and on the City's webpage. This item will be advertised as part of the normal Council agenda process. • Attachments: FY 2015-16 Moss Proposal Budget Ordinances (five ordinances); the Ordinances included in the Moss Proposal that are identical to the ordinances in the City Manager's Proposed Budget (twelve ordinances) are incorporated by reference. REQUESTED BY COUNCILMEMBER MOSS 1 AN=ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1,2015 AND ENDING JUNE 30,2016 IN THE SUM 3 OF$1,838,327,285 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 5 beginning July 1, 2015, and ending June 30, 2016, and it is necessary to appropriate sufficient funds to cover said 6 budget; 7 8 NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 9 10 Sec.1. That the amounts named aggregating$2,563,065,912 consisting of$52424 in inter-fund transfers, 11 $198,066,313 for internal service funds,and$1,838,327,285 for operations,are* ereby appropriated subject to the 12 conditions hereinafter set forth for the use of departments,and designated- f the City government,and for 13 the purposes hereinafter mentioned,as set forth in the Annual Operati le3udgefich is hereby incorporated by 14 reference, for the fiscal year beginning July 1, 2015, and ending June N,,2016 (her ft after, the "Fiscal Year"), a 15 summary of which is attached to this ordinance as"Attachment A— "' priations 16 �''' ' 4' 17 Sec.2. That in accordance with Section 5.04 of the City Chaffer, Estimat d Revenue in Suppoxtof Appropriations 18 is set forth in said Annual Operating Budget, with a sum Estimate ,-Revenue in Support; tppropriatlons J 4 19 attached to this ordinance as"Attachment B—Revenues." >_ 20 x' 21 Sec.3. With the exception of the funds unde the control of the ScPivotBoard, specifically the funds numbered 22 104, 107, 109, 112, 114, 115, 116, 117, 119, 6 ;: .nd 615 (hereinafter' ed to as "School Board Funds"), the 23 total .number of full-time permanent positions`s} the maximum number of%positions authorized for the 24 various departments of the City during the Fiscal Year ialbe except r changes or addtttons authorized by the Council or 25 as hereinafter provided.The City Manager may from,ti,me toAtiAnase or c*crease the number of part-time or 26 temporary positions provided the aggregate amount eexpenrd forslifiices shall not exceed the respective 27 appropriations made therefore;oity Manager is further`authorized make such rearrangements of positions 28 within and between the derfartments: "may best meet the needs afid interests of the City, including changes 29 necessary to implemenprtrmployee trxition program 30 * e -s 31 Sec.4. To improve the effeCthienessefficiencies ofq the government in service delivery, the City Council �5,�� "'S 'ms's. y�� 32 hereby authorizes the City Managef^ o'r firs sagnee,.A9T1 transfer appropriated funds and existing positions 33 throughout - scat Y ar as mays be.necessary to'`implement organizational adjustments that have been 34 authorize,* the City Coni l Unless of erwise directed by the City Council,such organizational adjustments shall 35 be im tinted on such date.i dates as';pity Manager determines, in his discretion, to be necessary to 36 guar ntee=a-smooth and orderf? .1ansition of existing organizational functions. The City Manager shall make a 37 report each yg y .o the City CounlAlentify g the status and progress of any such organizational adjustments. 38 .r, r_ 39 Sec.5.- All currenf4ristdelinquen Collections of local taxes shall be credited to the General Fund,Special Service 40 District Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance,dedicated a tax S. ,45- 41 .541 levy. 42 _'_ `: 43 Sec.6. All balances of tl4 appropriations payable out of each fund of the City Treasury at the close of the Fiscal 44 Year, unless otherwise provided for, are hereby declared to be lapsed into the fund balance of the respective 45 funds, except all appropriations to School Board Funds derived from local public sources which shall lapse and 46 revert to the General Fund Balance,and may be used for the payment of the appropriations that may be made in 47 the appropriation ordinance for the fiscal year beginning July 1, 2016. Prior to the expenditure of any sums that 48 have lapsed to the fund balance of any fund,an appropriation by the City Council shall be required. 49 50 Sec.7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis 51 for developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) 52 for the Water and Sewer Fund,the goal of retaining working capital equal to 80%to 100%of one year's operating Fiscal Year 2015-16 10-1 Budget Ordinances REQUESTED BY COUNC[LMEMBER MOSS 53 expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its 54 waterand sewer revenue bonds at not less than 1.50 times and,on a combined basis,including water and sewer 55 general obligation bonds,at no less than 1.20 times and(c)for the Water and Sewer Fund,contributions from non- S6 borrowed funds, on a five-year rolling average basis, will be sought for approximately 25%of the annual capital 57 program for the water and sewer system. 58 59 Sec.8. All balances of appropriations in each fund which support authorized obligations or are encumbered at 60 the close of the business for the Fiscal Year, are hereby declared to be re-appropriated into the fiscal year 61 beginning July 1,2016,and estimated revenues adjusted accordingly. 62 63 Sec.9. All balances of appropriations attributable to grants or other similar f_uclniechanism from state or ^ti 64 federal sources and trust or gift funds,whose period of expenditure extends b, nd thefiscal year ending on June 65 30, 2015, are hereby declared to be re-appropriated into the Fiscal Ye4Pfk estimated revenues adjusted 66 accordingly. The close-out of any grant or similar funding mechanism ill acctt for all expenditures in such 67 grant, and provided there is any remaining balance in the grant, the prion of thaMance attributable to local 68 sources shall revert to the General Fund, special revenue fund enferprise funs hat provided the local 69 contribution. 70 71 Sec.10. No department or agency for which appropriate 4 made un `the provisions of this ordinance shall 72 exceed the amount of such appropriations except with the cors t and a val of the City c uncil first being 73 obtained. It is expressly provided that the restrictions with respe a expenditure of the funds appropriated 74 shall apply only to the totals for each Appropr ation Unit included its s:Aordinance and does not apply to Inter- 75 fund Transfers. :. 76 ik. '� '`., 77 Sec.11. The City Manager or the Director of Budget ar d Mal ement Services s'hereby authorized to approve 78 transfers of appropriations in an amount up to $W0,000 I .ez any Appropriation Units included in this 79 ordinance through the accrual period The City Manager II maiceajhly report to the City Council of all 80 transfers between $25,000 and< ?00. In addition,- City Manager may transfer, in amounts necessary, :?"...'ti's - . 81 appropriations from all Reser*.for Cptitingencies excep€;Reserve for Contingencies—Regular,within the intent of 82 the Reserve as approve iyctty Council 83 s tom =s"' 84 Sec.12. The City Manager or t t? uect .td<Aydget and nagement Services is hereby authorized to establish 85 and administer audgeting within z-proprrat s'�tt consistent with best management practices, reporting 86 requiremen ' `Th engrams anti services adoptVi�t by the City Council. Consistent with best management 87 practices,, 'e City utilizes a modified "gal system of accounting. Revenuesare considered available when 88 colle .either during the current perio4.*i::4ter the end of the current period, but in time to pay year-end 89 liabilities.=Ex enditures are recggntzed wheittransact-ion or event is expected to draw upon current spendable 90 resources rat thanfuture resp ryes. In pf ctical effect,the modified accrual system allows a window of 45 days 91 wherein the Cit'- ay accrue bac 3c the immediately preceding fiscal year revenues and expenditures. The City 92 Manager or the Di.e r of BudgeV and Management Services is further authorized to establish administrative 93 directives to provide azitsonal management oversight and control to ensure the integrity of the City's budget. 94 ,ys , 7 ;. 95 Sec.13. The City Manager orthe Director of Budget and Management Services is hereby authorized to change the 96 Estimated Revenues inclutged in this ordinance to reflect expected collections.If the Estimated Revenue in support 97 of an Operating Appropriation Unit declines,the City Manager or the Director of Budget and Management Services 98 is hereby authorized to reduce,subject to any other provision of law,those appropriations to equal the decline in 99 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total 100 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 101 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be 102 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for 103 each of the City's funds. The City Manager or the Director of Budget and Management Services is hereby 104 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated 105 expenditures for which those funds were appropriated have been incurred. Nothing in this section shall be Fiscal Year 2015-16 10-2 Budget Ordinances 1 REQUESTED BY COUNCILMEMBER MOSS 106 construed as authorizing any reduction to be made in the amount appropriated in this ordinance for the payment 107 of interest or principal on the bonded debt of the City Government. 108 109 Sec.14. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 110 bureaus, or agencies,to any of their officers and employees for expenses on account of the use by such officers 111 and employees of their personal automobiles in the discharge of their official duties shall not exceed fifty six cents 112 ($0.56) per mile of actual travel for the first 15,000 miles and fifteen cents($0.15)per mile for additional miles of 113 such use within the fiscal year. 114 115 Sec.15. In the event of an emergency and under emergency circumstances wh rein the City Council cannot 116 reasonably hold a meeting, the City Manager is authorized to transfer and expropriated sums from any 117 budget account to ensure that the emergency is handled as efficiently and a `i itiously as possible. Immediately 118 following the expenditure of funds under this provision,and as soon as the,,C04i,fficil can reasonably meet under 119 the existing circumstances,the City Manager shall notify the City Counc Of`the"reason for such action, how funds 120 were expended, and present to the City Council for adoption an emeency apprfiations ordinance that sets 121 forth what measures are required to ensure that funds are fort ..'4tti estored to thea ropriate accounts and 122 that the budget is balanced at the end of the fiscal year in whichs- a emer envy expenditU;occurred. 123 s. .- 124 An emergency is defined for the purposes . 4 R rovision ,an event that cOlijet have been 125 reasonably foreseen at the time of the adoption of the budget, d.n whOili4n immediate tyeat to the public 126 health,safety or welfare is involved,such as clean-up after a hurri e fd/or(ii)immediate action is required to -01 127 protect or preserve public properties. 4ti 128 - ;w 129 Sec.16. All travel expense accounts shall be submitted oipAimiiit on forms approved y_i he Director of Finance and 130 according to regulations approved by the City Council.'E1diaccQunt shall snow dates expenses were incurred 131 or paid;number of miles traveled;method of travel #iptel experts meals;ar 'incidental expenses. The Director 132 of Finance is specifically directed to withhold the issutiace of heck ;s t ent expense accounts are submitted 133 for"lump-sum"amounts. -,r.-:'4,`-. '`+ 134 3� ,. 451:' 1 '''-33A R ti 135 Sec.17. The City Mana x5 hereby aurized to allocat. funding, within the aggregate amounts approved by 136 City Council for totalompr cation, totmplement the 4etxe al Assembly mandated changes to the Virginia 137 Retirement System ("VRS")that> quire -uj4-time. aeass City employees hired before July 1, 2010 to pay five percent 138 (5%)of their salaries to be the VRS to eo'ffsetfiy a": ayth e of five percent(5%)by July 1,2016.The City Council 139 has chosen4 e this"moi,with 1%increments with provided for fiscal year 2016. To accommodate VRS 140 requireme that the entir+echeck ptiided on July 15th include the fiscal year 2016 increase,the City Manager 141 or des ' is authorized to make the chaff this section for the pay period relating back to June 22, 2015. Fz 142 Whilenot fo t:tdated by the Gene tAssembg''a 1%increase is provided for all full time City employees hired after 143 July 1,2010' tiff 144 145 Sec.18. A salary it c se of 3.0%0 the pay period relating back to June 22,2015 for all full-time City employees 146 and 1.66% on the pavper;iod relating back to June 22, 2015 for all part-time City employees is hereby provided. 147 The amount authorized`by'h is ection 18 includes the 1%VRS required increase provided in Section 17 for full- 148 time City employees. `'= 149 150 Sec.19. That the following adjustments of revenue shall be made to the attachments from what was part of 151 the Manager's proposed budget to provide a cumulative savings to offset the proposed real property tax increase 152 ($30,742,890): 153 a.$9,222,867 that was to be directed to the MultiModal Transit Fund is eliminated; 154 b.$10,247,630 that was to go to Schools is offset by the same amount that was previously dedicated 155 to Roadways/Line of Duty; 156 c.The Line of Duty payment($1,150,000)is provided from a reduction of same amount in new vehicle 157 funding(in Non-Departmental); 158 d.$11,272,393 that was to be directed to the General Fund is hereby offset as follows: Fiscal Year 201546 10-3 Budget Ordinances • - REQUESTED BY COUNCILMEMBER MOSS 159 - i. $2,424,754 provided from Open Space(.22 meals tax); 160 ii. $1,74Z097 provided from ARP dedication (.34 real estate tax); 161 iii. $6,408,166 in savings from an applied 2%lapse rate to all General Fund positions; 162 iv. $723,522 in savings from delay of six months in authorization for new FTEs in City Manager's 163 Proposed Budget; 164 v. $26,146 to be directed to Cigarette Tax offset provided in Section 21.c.,below. 165 166 Sec.20. That the revenues from an increase in the Vehicle License Tax increase are eliminated. 167 168 Sec.21. That the following adjustments reflect the removal of the Cigarette Tax increase($830,000): 169 a. $400,000 for the Biomedical Project is offset by the same amcA; ti i nsferred from the EDIP 170 dedication; 171 b. $100;000 removed funding for the Vibe District 172 c: $26,146 from Section 19.d.v.,above; i --T-.4-m7: 173 d. $100,000 transferred from the EDIP dedication; 174 e. $203,854 from Section 22.d.,below. '4.. 175 S 176 Sec.22. That the following position adjustments be made&id the revenues adjusted accordgatgiy y, 177 a. Elimination of the following vacant positiq (44CN:0065N2,006874.1,001826A-08970,003745, 178 006325,000824,000707.1,003026.1,006657,007040,002702:104855 1)Jao avings of$810,264; 179 b. Delay of six months for the funding of the followinf;,pe1tions that have been vacant since before 180 2/2/2014(by PCN: 006277,006295,000835.1,,006435.2,004082.1,646482,000093,003467,004106.1,004973.1 'W-.•:-. h 181 006131.2,004342.1,000227)for a savings of$4 ,775 s 182 c. Fund ten positions in Police(three' 1 :ten in Pawn Operatmns).ar4six positions in Fire(to allow 183 four firefighters on ladder trucks)for six months at coS 'f 122,967 with the'sa iii gs identified in a.and b.of this y� z 184 Section. ,-roil . z,,,� 4- -74;.. 185 d. Of the savings identified in a. and ::of th 5ga-3 4243 854 provided as an offset to the 186 elimination of the cigarette tax.us ea e and . ... 187 e. Of the savings-fflentifi ss't:a. and b of this Section the4balance of$568,879 is to be designated to 188 the Police Department foody camera450,000 cameras.and the balance for staff support). 189 a h z:;'. 190 Sec.23. The City Manager ot'tlesignd fi4oprovide the fgffbwing internal measures: 191 a. create,•..a revenue ssgregatr'ort-tat' the v enues and expenses related to Pawn/Secondhand 192 permitting; .- ti tiv,. 193 At).remove anyfefe ence to i= itiModal Transit Fund and any dedication thereto. 194 r ,� -y" 195 Sec 24 Violation of this ordtn ce may re ult in disciplinary action by the City Manager against the person or 196 persons respgnsrl�le for the management of4he Appropriation Unit in which the violation occurred. 197 198 Sec.-2-325. This otr mance shall b�effective on July 1, 2015. The portion of Sections 17 and 18 addressing the 199 requirements of VRS an the payroll period that crosses fiscal years shall be effective June 22,2015. 200 Kil: :' 201 Sec.2426. If.any part of+tP.s ordinance is for any reason declared to be unconstitutional or invalid,such decision 202 shall not affect the validit\of the remaining parts of this ordinance. 203 204 Requires an affirmative vote by a majority of all of the members of City Council. 205 206 Adopted by the Council of the City of Virginia Beach, Virginia, on this the th day of , 2015. Fiscal Year 2015-16 10-4 Budget Ordinances REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR 2 FISCAL YEAR 2016 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 4 5 Sec.1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 2016 taxes for general purposes on all real estate, 7 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and 8 not otherwise provided for in this ordinance, at the rate of ninety-three ($0.93) on each one hundred dollars 9 ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be 10 applied on the basis of one hundred percentum of the fair market value of suchIoperty, except for public 11 service real property,which shall be on the basis as provided in Section 58.1-2694 of the Code of Virginia. It is the 12 intention of the Council that four cents of the tax rate is dedicated, subjeeto annual appropriation, to provide 13 funding for the Schools to offset the decrease in State funding through e Locat, posite Index, and two cents 14 of the tax rate is dedicated,subject to annual appropriation,to offset the ate reduction in funding for urban road 15 construction and the increased local obligations under the Line of P Act. he Council ,erects the City Manager in 16 the production of future budgets to provide an analysis of State,',ndingl'or Schools, urba Orad construction,and 17 the Line of Duty Act. At such time as the State restores f s3ing above the following bencfmarks ,funding for 18 Schools at$350M (per annum, net of School Facility Fu ,.t#3n road epstruction at $20144-:"'annum); and 19 Line of Duty Act at$0(per annum),the City Manager will recommend a Aiiiiign,in whole or ifiart,to the four 20 cent or two cent tax rate dedication in an amount roughly`e; to the increased State funding with a ar 21 corresponding decrease in the real estate tax rale. 22 ;'�� s 23 Sec.2. Amount of Levy on"Certified Storm Wa t Management Develo`pt sad Property,""Certified Solar 4 4 24 Energy Recycling Equipment, facilities tr Devices' Classified as _; Estate, and "Environmental 25 Restoration Sites," Real Estate Improved #sy Erosioq Controls, ar�t+Certain Wetlands and Riparian 26 Buffers. .. 27 In accordance with Sectio 1-3660(A),5810.1,58 1 3661 58.1-3664,58.1-3665 and 58.1-3666 of 28 the Code of Virginia,there_stlall be tev+edand collected f; r general purposes for fiscal year 2015, taxes on all real 29 estate (a) certified byie Departmet of Environmental Quality as "Certified Storm Water Management 30 Developments and Pr a * ) certified as provided by tole of Virginia Section 58.1-3661 as "Certified Solar . 31 Energy Equipment, Facilities or Dkvices" ,Certified Recy hng Equipment, Facilities or Devices," (c) defined by 32 Code of Virginia t4on 581 36. 4 an-`'Er ent Restoration Site," (d) improved to control erosion as 33 defined by Co =Vita`§58 1 36 5 9r(e)qualifying as wetlands and riparian buffers as described by Code of 34 Virginia§5R1-3666,not exempt^from to xon,at a rate of ninety-three cents($0.93)on each one hundred dollars 35 of ass ed valuation thereof The real proper-t<? ax rates imposed in this section shall be applied on the basis of -36 one ICniefi*4Dercentum of fairtiar et value o such real property except for public service property,which shall 37 be on the baSI_S._provided in Section 58.1-2 04 of the Code of Virginia. 384 `; 39 Sec.3. Amount ot*y on Real Estate Within the Sandbridge Special Service District. 40 There shall b'`tevied a :collected for fiscal year 2016,taxes for the special purpose of providing beach 41 and shoreline restoration ti nagement at Sandbridge on all real estate within the Sandbridge Special Service 42 District, not exempt from taxation, at the rate of six cents ($0.06)on each one hundred dollars($100)of assessed 43 value thereof.This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this 44 ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the 45 City Code,or Exemption, Deferral or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 46 of the City Code,this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth in 47 Section 1 of this ordinance.The real estate tax rate imposed herein shall be applied on the basis of one hundred 48 percentum of the fair market value of such real property except for public service real property,which shall be on 49 the basis as provided in Section 58.1-2604 of the Code of Virginia. 50 51 Sec.4. Amount of Levy on Real Estate Within the Town Center Special Service District. Fiscal Year 2015-16 10-22 Budget Ordinances REQUESTED BY COUNCILMEMBER MOSS 52 For the special purpose of operating and maintaining the parking garage and providing enhanced services 53 for the plaza and public spaces within the boundaries of the service district at the Town Center, as well as other 54 additional services authorized by Virginia Code§15.2-2403,there shall be levied and collected for fiscal year 2016, 55 taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at the rate of 56 forty-five cents($0.45)on each one hundred dollars($100)of assessed value thereof.This real estate tax rate shall 57 be in addition to the real estate tax set forth in Section 1 of this ordinance.For real property that qualifies for Land 58 Use Assessment,pursuant to Division 2 of Chapter 35 of the City Code,or Exemption,Deferral or Freeze for Elderly 59 and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code, this real estate tax rate shall be 60 applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance.The real estate tax 61 rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real 62 property, except for public service real property,which shall be on the basis as^ptvid in Section 58.1-2604 of 63 the Code of Virginia. 64 r... 65 Sec.5. Amount of Levy on"Energy-Efficient Buildings". s ti 66 In accordance with Section 58.1-3221.2 of the Code of Virginia4iiid anyrelevar t section of the City Code, 67 there shall be levied and collected for general purposes for the ftsca ar'2016,taxes on all real estate that has 68 been classified as an energy efficient building, not exempt frogtaxation, at a rate of seV i'-eight cents ($0.78) 69 on each one hundred dollars of assessed valuation thereof 13kreal property tax rate imposesthis„•section shall •l d 70 be applied on the basis of one hundredpercentum of f x�f et value ' such real property ept for'public PP �:�qt 71 service property,which shall be on the basis as provided in Sectit '55.1-26f$o he Code of Vir ia. 72 73 Sec.6. Amount of Levy on Properties Listed i the Virginia Landmarks-Register. 74 In accordance with Section 58.1-3221./140.e Code of Virginia a�;tny relevant section of the City Code, 75 there shall be levied and collected for genera(i�o;5es for the fiscal year 016.,taxes on buildings that are 75 individually listed on the Virginia Landmarks Register,not'[t d aging the real es or land on which the building is 77 located,so long as the building is maintained in a cot:dition suthtUat.it retain the characteristics for which it was 78 listed on the Virginia Landmarks Register at a rate of orty rie ($049``; ach one hundred dollars of assessed 79 valuation thereof.The real pr j ,rate imposed ii section shalllbe applied on the basis of one hundred 80 percentum of fair market valE 'of suc ai al property except for public service property,which shall be on the basis 81 as provided by Section 5 2504 of the ale of Virginia. 82 83 Sec.7. Amount of Levy on Reatstate #die Various edging Special Service Districts. .,SSS.yfed tiS� 84 There shall be levied migi1lec .Oar 2016, taxes for the special purpose of providing 85 neighborhooc t anne1'dti ging of creeks and rivers to maintain existing uses on all real estate within each special 86 service district listed below: 87 > Old Donation SpecaService Orafa not exempt from taxation, at the rate of eighteen and four- 88 >`,:lt Tenths cents($0184 Asn each one undyed dollars($100)of assessed value thereof. 89 b. Sayville Creek Special Service 1iistrict, not exempt from taxation, at the rate of thirty six and three- 90 tenhcents($0.363 -:off each one hundred dollars($100)of assessed value thereof. ) 91 c. Shade lawn Special Service District, not exempt from taxation,at the rate of fifteen and nine-tenths 92 cents($04594)on each one hundred dollars($100)of assessed value thereof. 93 d. Chesopeian sec of Service District, not exempt from taxation, at the rate of twenty nine and one- 94 . tenths cents($G.2913)on each one hundred dollars($100)of assessed value thereof. 95 e. Harbour Poirif Special Service District,not exempt from taxation,at the rate of seven and nine-tenths 96 cents($0.079)on each one hundred dollars($100)of assessed value thereof. 97 f. Gills Cove Special Service District,not exempt from taxation,at the rate of six and three-tenths cents 98 ($0.063)on each one hundred dollars($100)of assessed value thereof. 99 g. -Hurd's Cove Special Service District, not exempt from taxation, at the rate of forty-three and eight- 100 tenths cents($0.438)on each one hundred dollars($100)of assessed value thereof. 101 102 This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. 103 Except as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall apply 104 without reduction to any properties subject to ad valorem taxes including those properties enrolled in the Fiscal Year 2015-16 10-23 Budget Ordinances REQUESTED BY COUNCILMEMBER MOSS 105 Exemption, Deferral or Freeze for Elderly and Disabled Persons,City Code§§35-61,et seq. As set forth in Code of 106 Virginia, section 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of 107 properties subject to special use value assessment. The real estate tax rate imposed herein shall be applied on the 108 basis of one hundred percentum(100%)of the fair market value of such real property except for public service real 109 property,which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 110 111 112 Sec.8 Severability. 113 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid,such decision 114 shall not affect the validity of the remaining portions of this ordinance. 11541`s; 116 Sec.9 Effective Date. 5 117 The effective date of this ordinance shall be July 1,2015. 118 119 Requires an affirmative vote by a majority of ail of the membersCity Countw•>,, 120v 121 Adopted by the City Council of the City of Virginia Beach,=:dirginia"'on this th day 6`fMay,2015. `, s itt v4: ..e 1,4 ti ! 9 y f ii ' ti g.'! ` y bh ".. ::a: f S ."J >1l Fiscal Year 2015-16 10-24 Budget Ordinances REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE 3 CALENDAR YEAR 2016 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 5 6 Sec.1. Amount of Levy on the General Classification of Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia,taxes shall be levied and collected for 8 general purposes for the calendar year 2016 on all tangible personal property,including all separate classifications 9 of personal property set forth in the Code of Virginia,not exempt from taxation andnot otherwise provided for in 10 this ordinance,at the rate of four dollars($4.00)on each one hundred dollars($10t SSS: sed valuation thereof. 11 t ` 12 Sec.2. Personal Property Tax Relief. 13 As required by § 58.1-3523 of the Code of Virginia, qualifyinghicles(adefined by § 58.1-3523), not 14 otherwise exempted from taxation in this ordinance or by law,shall be saplect to thefoliQwing: 15 1. Any qualifying-vehicle with a total assessed value .$'1a000ror less wiiitglevied no tax, reflecting 16 a reimbursement of 100%Personal Property Tax,Relief Act. 17 2: Any qualifying vehicle with an assessed val aof betwee $1,001 and $20,0opwill be,levied 45% 18 47.5%of the computed tax based on the total assessed ve vehici`e ,Reimbursement is ected from the 19 state under the Personal Property Tax Relief Act equal to the re aining, =52.5%of the computed tax on the yY y �P 20 first$20,000 of assessed value. r& 21 . 3. Any qualifying vehicle with an assessed value of over'$0 000 will be levied 45%47.5% of the 22 computed tax based on the first$20,000 of asstssedvalue and 100%of✓ computed tax based on the assessed 23 value in excess of$20,000. Reimbursement is exp [;om the state uncler#he.Plsonal Property Tax Relief Act 24 equal to the remaining 55%52.5%of the computec*Olii be first$20,000 of'Weis- value. . 25 - .. .. - - = .. • •±s ..o 29 !!- � - ...... . . .. . -31 -- . 31 -r - - . ty, - •— •. • -: z-• -- *. . . .. . _ • -- _ •. .. 32 date of the tax ` ' L 33 34 Sec.3. *bunt of Levy onVertain Classifications of Tangible Personal Property 35In:accordance with Chapter 35 of'T 58 1 of the Code of Virginia,taxes shall be levied and collected for 36 gen al pur=poses for the calendar year 2010'pn the certain classifications of tangible personal property set forth 37 below at the-tatof four dollars(Apo)on each one hundred dollars($100)assessed valuation thereof. 38 a. heArviconstruction equipment as described in Code of Virginia§58.1-3506(A)(8); 39 b. comp``t#i<ei':equipmenta5 described in Code of Virginia§58.1-3506(A)(11); 40 c. tangible ped onal pcbperty as described in (a) Code of Virginia § 58.1-3506 as "certified pollution 41 control equipment and'fatttes"'and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or 42 devices and certified recycling equipment,facilities or devices"; 43 d. furniture,office,and maintenance equipment as described in Code of Virginia§58.1-3506(A)(24); 44 e. all tangible personal property employed in a trade or business other than described in subdivisions A 45 1 through A 18,except for subdivision A 17,of§58.1-3503 as described in Code of Virginia§58.1-3506(A)(26); 46 f. programmable computer equipment and peripherals employed in a trade or business ad described in 47 Code of Virginia§58.1-3506(A)(27); 48 g. tangible personal property used in the provision of internet service as described in Code of Virginia§ 49 58-1-3506(A)(31); - 50 h. forest harvesting and silvicultural activity as described in Code of Virginia§58-1-3506(A)(33); 51 1. equipment used primarily for research, development, production or provision of biotechnology as 52 described in Code of Virginia§58-1-3506(A)(34); Fiscal Year 2015-16 10-25 Budget Ordinances 1 REQUESTED BY COUNCILMEMBER MOSS 53 j. tangible personal property which is owned and operated by a service provider who is not a CMRS 54 provider and is not licensed by the FCC used to provide,for a fee,wireless broadband internet service as described 55 in Code of Virginia§58-1-3506(A)(37). 56 57 Sec.4. Amount of Levy on Manufactured Homes. 58 There shall be levied and collected for general purposes for the calendar year 2016 taxes on all vehicles 59 without motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of -60 the Code of Virginia, at the rate of ninety-three cents ($0.93) on each one hundred dollars ($100) of assessed 61 valuation thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506 (A) 62 (10). 63 '` 64 Sec.5. Amount of Levy on All Boats or Watercraft Used for Business PurposesOnly. k. 65 There shall be levied and collected for general purposes for the cal ilc year 2016 taxes on all boats or 66 watercraft used for business purposes(both boats weighing less than five15)ton`s-and boats weighing five(5)tons 67 or more), except as provided for in Section 8 of this ordinance,at the r ,of one c3" :;and fifty cents ($1.50)on 68 each one hundred dollars($100)of assessed valuation thereof.Suck} pe ty declared a sT parate class of tangible 69 personal property in Sections 58.1-3506(A)(35)and(A)(36). '>, 70 ' ,. 4 � 71 Sec,6.Amount of Levy on All Boats or Watercraft Not U ely for Busl#tess Purposes : 72 There shall be levied and collected for general purposr the case ar year 2016 taxes e ton all boats or 73 watercraft not used solely for business purposes weighing less th* dive (5) tons, and weighing five (5) tons or 74 more,except as provided for in Section 8 of thiordinance,at the rateiane dollar and fifty cents($1.50)on each 75 one hundred dollars ($100) of assessed value r thereof. Such proper 1ieclared a separate class of tangible 76 personal property in Sections 58.1-3506(A)•(1)(a= 0)x,1)(b). 77A 78 Sec.7. Amount of Levy on Machinery and Tools. c' Mz 79 In accordance with Section 58.1-3507 of th .Code f VirgiOrtytre shall be levied and collected for 80 general purposes for the tale. ;°• yeas 2016 taxes on rt-iinery and#dols, including machinery and tools used 81directly in the harvesting of_. crest pr, icts or semiconductor manufacturing, not exempt from taxation, at the 82 - rate of one millionth of ecent($0000 )on each one hundred dollars($100)of assessed valuation thereof.As . 5 83 •provided by Code of Virginia 81 350 =B), the following tonal property shall also be taxed at the rate of .' 84 machinery and tools: ,04: '"+ 85 a. all tangible personal`'pr erty uced 4n r sea ' and development businesses,as described in Code of 86 Virginia§58.1 i60tlaf &- 87 b.:.generating orkogenerating s ipment,as described in Code of Virginia§58.1-3506(A)(9);and 88 all motor vehic[e ,trailers and Seitrailers with a gross vehicle weight of 10,000 pounds or more 89 use o transport property for f e by a motor carrier engaged in interstate commerce, as described in Code of 90 Virginia§58 q::506(A)(25). .Il 91t7-XT-?, ,,,,...., c-:-.4?..- ‘::•,;:i,;;? 92 Sec.8.Amount of-ev,.on PrivatelyOwned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 93 There shall be.ievied an -collected for general purposes for the calendar year 2016 taxes on all privately 94 owned pleasure boats aidcraft used for recreational purposes only,at the rate of one millionth of one cent 95 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate 96 class of tangible personal$`roperty in Sections 58.1-3506(A)(12), (A)(28),and(A)(29). 97 98 Sec.9.Amount of Levy on Privately Owned Camping Trailers,Privately Owned Travel Trailers,and Motor Homes 99 Used for Recreational Purposes Only,and Privately Owned Horse Trailers. 100 There shall be levied and collected for general purposes for the calendar year 2016 taxes at the rate of 101 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the 102 following property:(a)all privately owned camping trailers and motor homes as defined in Section 46.2-100 of the 103 Code of Virginia and privately owned travel trailers as defined in Code of Virginia §46.2-1900,that are used for 104 recreational purposes only; and (b) privately owned trailers as defined in §46.2-100 of the Code of Virginia that 105 are designed and used for the transportation of horses, except those trailers described in subdivision (A)(11)of§ Fiscal Year 2015-16 10-26 Budget Ordinances REQUESTED BY COUNCILMEMBER MOSS 106 58.1-3505 of the Code of Virginia.Such property declared a separate class of tangible personal property in Sections 107 58.1-3506(A)(18)and(A)(30). 108 109 Sec.10.Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled•Veteran. 110 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2016 at the 111 rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) 112 motor vehicle owned and regularly used by a veteran who has either lost,or lost the use of,one or both legs,or an 113 arm or a hand, or who is blind, or who is permanently and totallydisabled as certified by the Department of 114 Veterans'Affairs.Any motor vehicles in addition to the one(1)so taxed shall not qualify for the taxation at the rate 115 established herein, and shall be taxed at the rate or rates applicable to that class,of property. To qualify, the 116 veteran shall provide a written statement to the Commissioner of the Revenue frosfiTfiDepartment of Veterans' 117 Affairs that the veteran has been so designated or classified by the Departme ,bf Veterans'Affairs as to meet the 118 requirements of Section 58.1-3506 (A) (19), and that his or her disability. eryice connected. Such property 119 declared a separate class of tangible personal property in Section 58.1-310!'(A)(19 120 =>, 121 Sec.11.Amount of Levy on a Motor Vehicle Owned and Used Pri y's&for Someol*.at Least Sixty-Five 122 Years of Age or Anyone Found to be Permanently and;, tally Disabled. 123 a. In accordance with Sections 58.1-3506.1 et seq. the Code of Virginia,there shall *a.redyced tax, 124 levied and collected for general purposes for calendar ye 1, at the rat4f three dollars($3'.400 each one 125 hundred dollars($100.00)of assessed valuation,on one(1)autoit)e or fsrc' titruck owned a used primarily 126 by or for anyone at least sixty-five years of age or anyone found to'b etitianently and totally disabled,as defined 127 in Section 58.1-3506.3 of the Code of Virginia,subject to the following .d: itions: 128 1. The total combined incorr teceived, excluding th2., yst1$7,500 of income, from all sources 129 during calendar year 2014 by.the owner of the rn{b1, t ex%aevehicle shall not twenty-two thousand dollars 130 ($22,000). V v jiie 131 2. The owners net financial worthy mcluding"k �►fequitable interests, as of .esent � of all 132 December 31 of calendar year 2015,excluding the value of t print si ence and the land,not exceeding one 133 (1)acre, upon which it is situate as ,hot exceed seventyythousand dol ar"s($70,000). 134 3. All incofe and rth limitations be computed by aggregating the income and assets, 135 as the case may be, of usband and sitiR who reside in the same dwelling and shall be applied to any owner of 136 the motor vehicle who°seeksihe,benefit t°the preferential tax to permitted under this ordinance,irrespective of 137 how such motor vehicle may bed 138 b. Any such motor vehicle twnedbusr y�a .rrdd wife may qualify if either spouse is sixty-five or over 139 or if either s e ts' r anently ar}d'tptally disabled and the conditions set forth in subsection (a) have been 140 satisfied. 141 z :> 142_ Sec. Assessed Value Determination 143 In acc9Nance with Section:58.1-3113 of the Code of Virginia, personal property mentioned in the above 144 sections shall be assessed at actua# ir market value, to be determined by the Commissioner of the Revenue for 145 the City of Virginia gea ,h. 146 147 Sec.13.Severability. 148 If any portion of thi ordinance is for any reason declared to be unconstitutional or invalid,such decision 149 shall not affect the validityof the remaining portions of this ordinance. 150 151 Sec.14.Effective Date. 152 This ordinance shall be effective January 1,2016. 153 154 Adopted by the Council of the City of Virginia Beach,Virginia,on this th day of May,2015. Fiscal Year 2015-16 10-27 Budget Ordinances REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE TO AMEND CITY CODE SECTIONS 18-32 AND 27-3 TO 2 INCREASE THE PERMIT FEE FOR PAWN AND SECONDHAND PERMITS TO 3 REFLECT THE ACTUAL COST OF ADMINISTRATION OF SUCH PROGRAMS 4 WHEREAS, the Police Department estimates the various staff and software costs associated with administration of 5 the Pawn and Secondhand Oversight is approximately$256,000 per year; 6 7 WHEREAS,the current amount of the Pawn and Secondhand permits provide roughly$72,400 in revenue each year, 8 which covers roughly 28%of the costs of such administration; 10 WHEREAS,the following increases of fees will generate revenue approximate;Eyfequal to the costs of Police oversight. 11ti ,:4 12 NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ,OINIA BEA „,VIRGINIA: 13 . 14 1. That Sections 18-32 and 27-3 are hereby amended and reordame to, ad as follows: tiiM 15 ...::-..:r -q=tik 16 Sec.18-32. Permit required. 17 a. Noperson shall engage in the activities of a dealer *Jned in seon 18-76.1, pawnbrdicelc, k dealer, or 18 secondhand dealer without first obtaining a permit from the chiefafolice " 19. f 20 ... -?4µ 21 22 g.The initial and annual permit fee shall be one tits acid and sixty-one dollars f$1.061) - - - -- 23 for a dealer as defined in section 18-76.1,and threttieWdied and fift -four dollars 854 :-- ---: -: g e • 24 for a pawnbroker,junk dealer or secondhand dealer`irov dsk%ever,that if an iicant applies for an initial or 25 renewal permit as a dealer of precious metals and gen at thesa t as the applicant applies for an initial or 26 renewal permit as a pawnbroker,junk dealer or secondhand deafer tliki&ttiO need only pay the one-thousand 27 and sixty-one dollars($1,061)j t hundred dollar($300 mit fee. If the. fief of police refuses to issue such 4ri°x... 4-,a 28 permit,the applicant shall J i tifre ,3 writing,of the rens for the refasal and the applicant may appeal such 29 refusal to the city coup f within thirty f3 days from the date of such notice_ 30 Sec.27-3.Authority of client to furnish copies of recor-dserform certain services,etc.,and fees therefor. J 45. 31 ?4 : 32 a.The depart enf. f,police is hex-€fr authortYed :r €se forensic photographs after all criminal charges are resolved 33 and when A_j h release is:provided 04w,to furnish p' otostatic copies of accident reports and offense reports, and to ll 34 allow such reports to be viewed by proper persons consistent with the provisions of the Virginia Freedom of Information 35 Neap of Virginia,§2.2:310b:, 36 ee (ef of police is hereby authorized to hake record checks and reports(local record only)and take fingerprints of 37 individuasx ,request. For the piocessing q `applications for permits required by law,the following fees shall be charged: 38 (1)Recorrd-theck and report b r.ame...$15.00 39 (2) First f"rerprint card requested by individuals...$10.00 40 (3) Subsequeti :fingerprint ids requested by individuals...$5.00 - 41 (4) Certificate ofpub - lic convenience and necessity_..$50.00 42 (5) Precious metaf5 pert r*... $;:061 nn$30C.On 43 (6) Vendor permit...$25.00. 44 45 2. That the City Manager or designee is directed to segregate the funds generated from such fees and directed to the 46 staff and software costs associated therewith. 47 48 3. That this ordinance shall be effective on July 1,2015. 49 50 Adopted by the City Council of the City of Virginia Beach,Virginia on this_day of May,2015. Fiscal Year 2015-16 9-1 Moss Budget REQUESTED BY COUNCILMEMBER MOSS . 1 AN ORDINANCE TO ADOPT THE FY 2016/FY 2021 CAPITAL 2 . IMPROVEMENT PROGRAM AND TO APPROPRIATE $287,102,175 FOR 3 THE FY 2016 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED 4 FROM VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS, the City Manager, on March 24; 2015, presented to City Council the Capital Improvement Program for 6 fiscal years 2016 through 2021; 7 8 WHEREAS,City Council held public hearings on the program to provide for public card ent; 10 WHEREAS, based on public comment, City Council has determined the riee for certain projects in the Capital 11 Improvement Program;and Sti.• 1"x 12 C 13 WHEREAS, it is necessary to appropriate funds for both existing projec4s and projei, #beginning in the 2016 fiscal 14 year,as set forth in said Capital Improvement Program. 1 a 150;. 16 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TFf CITY OF VI GINIA BEACH,VIRGI> , • 17 40111k., ti 18 Section 1. That the Capital Improvement Program, as modified for tf 5vnstruction of, or addition,to, capital 19 facilities identified for fiscal years 2016 through 2021 is hereby attOpted,, and th projects listed therein are hereby 20 approved as capital projects. 21 22 Section 2. That the projects shall be financed c m funds to be appropxtated periodically by City Council, and until 23 funds are so provided, the projects are for planningp aj zses,.only and may be dde1ete; altered, or rescheduled in any 24 manner at any time by City Council. 0 '' rs a 25 �` ' r, rS .i4 rr 26 Section 3. That funds in the amounts aggregating:;$287,, 2 175-for tap% l projects in the Capital Budget for the ti 1 t F.s. 27 2016 fiscal year;as set forth in Sd {Ca ttal Improvement`P am,are here appropriated, by project and subject to the 28 conditions set forth herein.; amo tof funding for individual projectstis set forth in "Attachment A—Capital Budget 29 Appropriations,"a copy o ich is attache Uiereto. 30 li, 31 Section 4. That in acccikt ce witSection 2 196 of the CityiCode,financing sources in support of the Capital Budget L.f � L � y .> 32 for the 2016 fiscal year as set forth s p to mjarovemen Program is attached to this ordinance as"Attachment B— 33 Financing Sou rcoMat:-..:„..„ -`' 34' `f 35 Section 5. That capT I project funds appropriated in prior fiscal years are to be adjusted in accordance with said 36 CappImprovement Program and reallocated a %I entified in "Attachment C—Transfers," a copy of which is attached 37 he 38 5 -: `. *,ri. 39 Section 6." at reductions it lnancing sources in support of the Capital Budget for the 2016 fiscal year as set forth in 40 said Capital Improvesent Program aft attached to this ordinance as"Attachment D—Changes in Financing Sources." 411 :r 42 Section 7. That aridi iorigappropriations,the addition of capital projects,and changes in project scope shall not be 43 initiated except with the 40th and approval of the City Council first being obtained.An appropriation for a project in the 44 Capital Improvement Proam shall continue in force, and, to the extent required by law, re-appropriated for use in FY 45 2015-16 until the purpose for which it was made has been accomplished or abandoned. 46 47 Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, 48 must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. 49 50 Section 9. That subject to any applicable restriction of law or of any bonds or bond issue,the City Manager or the 51 Director of Budget and Management Services is authorized to approve transfers of appropriations in an amount up to 52 $100,000 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report Fiscal Year 2015-16 9-1 CIP Ordinances REQUESTED BY COUNCILMEMBER MOSS 53 to the City Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Budget and 54 Management Services is hereby authorized to establish and administer the budgeting of capital projects consistent with 55 best management practices,reporting requirements and the Capital Improvement Program adopted by the City Council. 56 57 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 58 companion projects may be transferred between these projects by the City Manager(or designee). "Companion projects" 59 mean water and sewer projects having the same name or project scope and description with the exception of"water" or 60 "sewer"being in the title and/or project scope and description. 61 -62 Section 11. That the City Manager or the Director of Budget and Management Serv?ees is hereby authorized to 63 change, subject to any applicable restriction of law or of any bonds or bond issueAtte financing sources for the various 64 capital projects included in this or previous ordinances to reflect effective utihzat o>rtse :the financing sources and actual . 65 collections and/or realized revenues. If the financing sources in support of cOal proiegcline,the City Manager or the 66 Director of Budget and Management Services is authorized to reduce,su-jectao any applia restriction of law or of any 67 bonds or bond issue,those appropriations to equal the changed fins li s rrce:The City Nta er must give prior notice 68 to the City Council of any reductions to total appropriations exceed$100,000. The notice td-,—,t4" Council shall identify 69 the basis and amount of the appropriation reduction and the capital projects affected. The accoun ngcecor s of the City 70 will be maintained in a manner where the total of financin s is equals the total appropriations each of the 71 City's capital projects funds. y %- 72 -. 73 Section 12. That the funding source for an appropriation of $10K480 to CIP #5-964, "Water Resources- Lake 74 Gaston,"is hereby changed from revenue from thk.City of Chesapeake to Wateraand Sewer retained earnings. 75 4"4 ktzs4 76 Section Ia. 13. That the Capital Improvement,Pcogrd tt debt managemeKoot contained and included in the 77 Resource Management Plan document shall be the pc4 cy giriii if sof the City,and te`City Manager shall annually report 78 on the status of those guidelines and the projected npact Org4Aposed Ciiital Improvement Program on those 79 guidelines, such information to be included in the Resou? a Ma geme'n't afSj mittal. The City Manager may propose 80 modifications to those policies ant anstaiiiiikeknes through the f esaarce ManageWit Plan. 81 .., f' 82 Section 14. Attachment B of this Dradinance include476 454,706 of funding using Public Facility Revenue Bonds ' 83 ("PFRB Financing"). "Attfreii,ent E— ProWis Utilizing Public Facility Revenue Bonds," attached hereto and incorporated, 84 provides a list of projects that include P.1 _ .Funding and the:trrount of PFRB Funding for Fiscal Year 2016. Without 85 changing the amount of total PFRB GPti (w ri dig;-a�3sttrtzed..by this.00rdinance,the Director of Finance is authorized to adjust the 86 allocations andj*-a oti nts among 4roiects to•Usure that the tax-exempt status for any resulting bonds is retained. 87 Provided suglkiSI'Sfi'difiabbta.reductrots- -PFRB Funding'for the following projects: 88 ,yk5 a. $8,75000> t#5r CIP 2 0921rirginia Beach Transit Extension Project 89 b. $1,250,000 "'CIP 2-108` t.ightE ail Corridor Shared-Use Path '90 91 Sectititin. That$415,000 ftoiri the Ra emont Strategic Growth Area(9-506)is provided to the Roadways Section of 92 the CIP and W01748,978,755 of reihuced paygo for Roadways from the Operating Budget is hereby provided. Staff is 93 directed to returi=to>=Tthe Council wit£t'a proposal to address the Roadway section of the CIP in the absence of such paygo 94 funding. _ e -.''Y 95 96 Section 4,3:.16. T h**tiject to the appropriation of sufficient funds within a capital project,the acquisition of real 97 property necessary for theroject is authorized by means of voluntary negotiation with Willing sellers. 98 99 Section 44.17.That violation of this ordinance shall result in the City Manager taking disciplinary action against the 100 person or persons responsible for the capital project in which the violation occurred. 101 102 Section X5,18. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid,such 103 decision shall not affect the validity of the remaining portions of this ordinance. 104 Fiscal Year 2015-16 9-2 CIP Ordinances REQUESTED BY COUNCILMEMBER MOSS 105 Section 44,19. That this ordinance shall be in effect from the date of its adoption; however,appropriations for the 106 FY 2016 Capital Budget shall be effective on July 1,2015. 107 108 Adopted by the City Council of the City of Virginia Beach,Virginia on this,day of May,2015. 109 110 Requires an affirmative vote of the majority of City Council. ti-a Ar Szti ti ti 1g "4 * 5 S if `r Y. r a h 1 a 's3 :. ..4 tics T y 4 y :J ft 2 xi 2A'• 1 Y Z 4 I } 1 v, 1Y{[` ;fir Fiscal Year 2015-16 9-3 CIP Ordinances -5- CITY MANAGER'S BRIEFING GREEN SEA PLAN ITEM#64788 3:40 P.M. Mayor Sessoms welcomed Clay Bernick, Environmental and Sustainability Administrator. Mr. Bernick expressed his appreciation to City Council for their continued support: c;c,�y Cl�esaPeake Virginia Beach &urrituck Below is an overview of the Plan: • Regional • Enhanced collaboration tourism and to protect and economic manage a development system of resources • Establishment of a non- • Environmental governmental Stewardship entsty to and enjoyment implement '"*""°"— ` ' of area manage, maintain and promote the Green Sea area .n^es0 s,'Vlt iVAWOW v"oiAAe..corV20Q 1333Seor9h t image NAreweA River Park-che5apeake,VA May 5, 2015 -6- CITY MANAGER'S BRIEFING GREEN SEA PLAN ITEM#64788 (Continued) Below is how the Plan could impact the three (3) localities: Increase awareness of the U Collaborative annual Green Sea waterways-Albemarle and area festivals and events Chesapeake Canal,North Landing River and the Currituck ❑ Enhance property values Sound U Increase economic U Increase water access development opportunities U'Improve water quality in the J Enhance educational watersheds opportunities for all ages U Increase recreational U Establish a nonprofit entity to opportunities manage and maintain resources and facilities U Promote health and wellness U Ensure no long-term capital U Increase tourism opportunities improvement expenditures to the cities and county The Plan aligns very well with the City's adopted Plans: • Southern Watershed Area R Virginia Beach Bikeways and Management Plan,2000 Trails Plan,2011 • Memorandum of Agreement to r Commonwealth of Virginia Improve Water Use Conflict Outdoors Plan,2013 Education for the North Landing River,2001 p Virginia Beach Outdoors Plan ,- City of Chesapeake 2035 2008 Comprehensive Plan,2014 • City of Virginia Beach Currituck County/Moyock Small Comprehensive Plan,2009 Area Plan,2014 May 5, 2015 -7- CITY MANAGER'S BRIEFING GREEN SEA PLAN ITEM#64788 (Continued) Waterways ana ands that are designated ervrrronmental andrcti economic r s iiE ( yk it asses: ,5 h � w� t - utilized as water,rails or pains ,i.,, ;t .s. and deve;aped with launch points,camping locations andpoin•s a'interest for canoeists,caadie boarders .. and kavakers utilized as vegetated corridors linking unique nate al resources and aevoloped with vistas,unique `iabitat areas,camping and tonicking locations and points of ineresi primarily for pedestrian or nor rno orized recreational use Agreeing on a name for the Plan was challenging In 1728 Colonel William Byrd Il was surveying ,, 1. the boundary between the Virginia ,1 and North Carolina 1 r ,'S ., colonies,discovered a '1 ` �.,'r;°., - ' large area of jungle '�. ,a like vegetation withn green cane which ,%, ; I. grew up to 15 feet in ' , tea; .,'' height, and named the area the "Green Sea". May 5, 2015 I -8- CITYMANA GER'S BRIEFING GREEN SEA PLAN ITEM#64788 (Continued) Wide variety 01 Native American cultural groups lived in this area from 9500 BC to 1600 AD • Rich farmland associated with the wetlands ImporYrnt battle in Revolutionary War I at Great Bridge j Dismal Swamp Canal and the Albernarle and Chesapeake Canal v:::+ , offered connections for shippina to h' axra.rs Currituckand North Carolina ; ., j:„.1� Part of the Intracoastal Waterway r ,:,„',.y,: ms' . System and the Southeast Coast Saltwater Paddling Trail r t `k f i a x M ' r.� fi �'' : ,tik• ra4 "?,...':',-.•.'..4,-,*--:;" r 'c May 5, 2015 -9- CITY MANAGER'S BRIEFING GREEN SEA PLAN ITEM#64788 (Continued) Below is the Study Area: • Northwest River is the largest watershed in Chesapeake . Northwest River/Tulls Bay/Currituck Sound of Currituck County is the northeastern most watershed in North Carolina --- North Landing River is the largest watershed in Virginia si Beach • Protected lands in the watersheds total 51,658 acres Below is the Plan's Mission and Vision: To conserve,protect and manage open space lands and waterways in the Green Sea area for the enjoyment of future generations Framework to manage a system of resources Stewardship,protection and enjoyment of area Partnership to coordinate promotion and management May 5, 2015 -10- CITY MANAGER'S BRIEFING GREEN SEA PLAN ITEM#64788 (Continued) EXISTING RESOURCES AND CONDITIONS Below are the protected land holdings totaling over 56,000 Acres: • Federal • State Local • Non-Profit May 5, 2015 I I -11- CITY MANAGER'S BRIEFING GREEN SEA PLAN ITEM#64788 (Continued) Unique wetland communities support a variety of rare species of plants and animals Area provides important habitat for breeding and wintering waterfowl w�� Q X +y tai #b,d s g 8 Natural Heritage Resource wd mmunities 6 rare in Virginia as wall as rare or uncommon globally Pentland Atlantic White-Cedar A Wind-Tidal Marsh along North Landing River Forest May 5, 2015 -12- CITY MANAGER'S BRIEFING GREEN SEA PLAN ITEM#64788 (Continued) 13 Natural Heritage Resource animal species All rare in Virginia and 2 rare globally AIN Great Egret Little Metalmark Butterfly. Virginia Rail 35 Natural Heritage Resource plant species 21 rare in Virginia 4 rare globally • sa, Slender Sand Sedge Elongated Lobelia Elliott'sAster 6 May 5, 2015 -13- CITY MANAGER'S BRIEFING GREEN SEA PLAN ITEM#64788 (Continued) Below are a few of the surrounding influences: • Suburban and rural setting votowiecncr+ �irrr • Development pressure on unique resources • Interfacility Traffic Area (ITA) between Fentress and ns Station Oceana . Smiles • Rams s Nsvalau • Intracoastal Waterway A' ", .'1 A • Commercial Fishing • ArboricultureCHES' T , • Agriculture Below are the strengths of the Green Sea Area: Strengths Ecolg teg-„ • Biodiversity , _ a-<,•mma • Significant portion of land already in protection •' fie: 4 n .<.rre • Dedication to stewardship of the area • Existing MOA addressing water mr use conflicts on river • Rich historical and cultural 's 3 background • ▪ Mostly undeveloped . • Views and vistas .'� k, F , 3 May 5, 2015 -14- CITY MANAGER'S BRIEFING GREEN SEA PLAN ITEM#64788 (Continued) Below are some of the Weaknesses of the Green Sea Area: Weakne • Public owned •sses Safety-many areas properties not isolated from view,with contiguous lit "nveillanc " ® Connectivity • Waterway atural cleasurnups neededtle in some areas e ® Wetlands adjoining waterways not suitable Conflicts between for traditional motorized and non- recreationdl activities motorized water users Below are the opportunities of the Green Sea Area: Opportunities • Connection to proposed Regional attraction Indian River Road Greenway • Natural resource • Hiking trails in upland tourism (ecotourism) areas • Coalition of . Additional water access stakeholders with points individual technical • Platform camping expertise, skills and resources May 5, 2015 -15- CITYR'S BRIEFING MANAGEPLAN GREEN SEA IT (Continued)EM#64788 Below are the threats (challenges) of the Green Sea Area: Threats (Challenges) Development pressure along northern and western portions of waterways Degradation of important habitats from runofflpollution Balance between preservation/protection and increased usage • Carrying capacities of resources with greater access and use Below are the core components of the Management Plan identified after two (2)years of working on this project: Core Components: r Administration (Garernance.Caaperafian,and firan.:c 7 Land Protection '_ jC'onszrvanor:Easements,A.grw!ture .,` ?rcsc^:afior and ianti Acqui;rfror; �„ t 2 > Promotion jcYondroy,ma'kePing and Ecobunsmj Natural Resources Management ,„ ,,,,,,„Land,Plani;and wpdii/e1 e y ,�,� learning IEducatron:Outreach and Rasearcn, • Facilities Development and Management 'Recrcat.�n, un y ora Mana er+ce, ,r, Plan Implementation ` r. May 5, 2015 -16- CITY MANAGER'S BRIEFING GREEN SEA PLAN ITEM#64788 (Continued) Below are the next steps: • May 13-Planning Commission Recommendation • June 1-Currituck County Board of Commissioners Briefing/Endorsement • June- Virginia Beach City Council Adoption • June-Chesapeake City Council Endorsement • July-Localities Joint Ceremony • August-Community Leadership and Executive Staff Joint Meeting • August-Plan Kickoff Work Session with Stakeholders r i • Localities' Adoption or Endorsement • Foundational Leaders Invited to Strategic Planning Workshop • Memorandum of Agreement Signed by Localities Outlining Interim Support • Foundational Leaders and other Stakeholders form the Nonprofit Green Sea Partnership ▪ Green Sea Partnership Establishes its Governance and Leadership Structure • Phasing and Sequencing of Short-Term Initiatives • Annual Progress Briefing to Localities May 5, 2015 -17- CITY MANAGER'S BRIEFING GREEN SEA PLAN ITEM#64788 (Continued) THANK YOU QUESTIONS/COMMENTS wiAnev,vbgay.comigreenseci' Mayor Sessoms expressed his appreciation to Mr. Bernick and everyone that has been involved in this Project. May 5, 2015 -18- CITY COUNCIL LIAISON REPORTS ITEM#64789 3:59P.M. Council Lady Ross-Hammond congratulated the Library's Youth and Family Services Manager, Katie Cerqua,for being named 2015's "Outstanding Staff Member" by the Virginia Public Library Directors Association. May 5, 2015 -19- CITY COUNCIL LIAISON REPORTS ITEM#64790 Council Lady Kane advised she attended the Human Rights Commission Awards Reception, along with Mayor Sessoms, Council Lady Ross-Hammond and Councilman Dyer. The event was well attended and was a success. May 5, 2015 -20- CITY COUNCIL COMMENTS ITEM#64791 4:01 P.M. Council Lady Wilson advised the "Cycle for Survival" was this past Sunday and was a huge success. Over 400 people attended and they have raised almost$200,000. May 5, 2015 -21- CITY COUNCIL COMMENTS ITEM#64792 Mayor Sessoms advised Dr. Daniels from Enoch Baptist Church gave the Police Department's 3`d Precinct an award for working so well with the community in Western Bayside. Also, he has seen members of the Police Department playing basketball there with the citizens. He continues to be impressed with how well that Precinct works with the community. Mayor Sessoms stated Dr. Daniels contacted the local television stations and invited them to come out and report on the happenings in Western Bayside. Unfortunately, not one Reporter attended and he expressed frustration at the lack of willingness for the Media to report "good stories". May 5, 2015 -22- AGENDA REVIEW SESSION 4:07 P.M. ITEM#64793 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT Five (5)year Franchise Agreements for Open Air Cafés: a. 11th Street Boardwalk Café 11th Street b. Atlantic Avenue Side Street Café 11`h Street c. Planet Pizza Sidewalk Cafe Atlantic Avenue d. Seaside Raw Bar Sidewalk Café Atlantic Avenue 2. Ordinance to AMEND Public Works Specifications and Standards re commercial entrances on connector streets East of Atlantic Avenue 3. Ordinance/Resolution to AUTHORIZE: a. Acquisition of property from Equity Trust Company to protect the Southeastern Parkway and Greenbelt alignment at Credle Road b. Temporary suspension of the Commercial Parking Restrictions as a right- of-way at 712 Atlantic Avenue c. Establishment of Swift Medical Transport d. An annual EMS Permit re ambulance services for Swift Medical Transport 4. Ordinances to ACCEPT and APPROPRIATE.: a. $25,000 federal funding from the Virginia Department of Environmental Quality (DEQ) re Storm Water Quality Enhancements II. b. $3,050 for the Professional Support Development Team (PSDT) re employee training 5. Ordinance to TRANSFER $220,000 of the Sheriff's Office FY 2014-15 Budget and AUTHORIZE four(4)positions re workload demands COUNCILMAN UHRIN WILL ABSTAIN ON ITEM#1c MAYOR SESSOMS WILL ABSTAIN ON ITEM#3b COUNCILMAN UHRIN WILL ABSTAIN ON ITEM#3b May 5, 2015 -23- AGENDA REVIEW SESSION ITEM#64793 (Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: L. PLANNING 1. CCW DEVELOPMENT ASSOCIATES, LLC for a change in a Non-Conforming Use re a residential condominium at 2606 Arctic Avenue and 400 27`x' Street DISTRICT 6—BEACH 2. LEONARD M. LYON for a change in a Non-Conforming Use to ADD living space and move a dwelling at 4481 Lee Avenue DISTRICT 4—BAYSIDE 3. ATLANTIC DEVELOPMENT ASSOCIATES,LLC/CAROLYN D. and WILLIAM D. WOOD re Variance to the Subdivision Regulations re a corner lot at 407 53'1 Street DISTRICT 5—LYNNHAVEN 4. THOMAS R. and JOAN G. ECKERT for a Conditional Change of Zoning from R- 7.5 Residential to Conditional PD-H2 Planned Development, R-5D Residential and Conditional B-1A Business re office and residential use at 4444 Shore Drive DISTRICT 4—BAYSIDE 5. AARON HOLLEY/CONTE ACQUISITIONS for a Conditional Use Permit re a Craft Brewery at 1805 Laskin Road DISTRICT 6—BEACH 6. KROGER LIMITED PARTNERSHIP I/TIDEWATER INVESTMENTS and CHARLIE WEAVER for a Conditional Use Permit re a service station at 5285 Providence Road DISTRICT 2—KEMPSVILLE 7. ASSEMBLY OF YAH, INC.for a Conditional Use Permit to enlarge the church building re a Religious Use at 5151 Locke Lane DISTRICT 2—KEMPSVILLE ITEM#1 WILL BE CONSIDERED FOR WITHDRAWAL ITEM#2 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 ITEM#4 WILL BE DEFERRED TO JUNE 2, 2015 ITEM#5 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 May 5, 2015 -24- ITEM#64794 Mayor William D. Sessoms, Jr., 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 May 5, 2015 -25- ITEM#64794 (Continued) Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 4:30 P.M. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Shannon DS Kane , John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., James L. Wood and John E. Uhrin Council Members Absent: Vice Mayor Louis R.Jones stepped out Rosemary Wilson stepped out (Break 4:10 P.M. - 4:30 P.M.) (Closed Session 4:30 P.M. - 5:00 P.M.) (Dinner 5:00 P.M. - 6:00 P.M.) May 5, 2015 -26- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 5,2015 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 5, 2015, at 6:00 P.M Council Members Present: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None INVOCATION: Reverend K Todd Holt Pastor, Great Neck Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. May 5, 2015 -27- 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 transactions 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 knowledge. 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 records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identjing 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. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. May 5, 2015 -28- Item—VI-E CERTIFICATION ITEM#64795 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11--0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 5, 2015 4ger^.,, ixLi ,4 s W94 �' �\ S PZ��N 'F OUR N RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#64794 Page 25, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. �....1/_ ' • Hodges Fraser,MMC City Clerk May 5, 2015 -29- Item-VI-F MINUTES ITEM#64796 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of April 21, 2015; SPECIAL FORMAL SESSIONS of April 23, 2015 and April 28, 2015. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 5, 2015 -30- ADOPT AGENDA FOR FORMAL SESSION ITEM#64797 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 5, 2015 -31- Item VI—H.1 MAYOR'S PRESENTATION ITEM#64798 PROCLAMATION—Lakeside Construction Day Mayor Sessoms introduced Eric C. Anderson and presented him with a Proclamation proclaiming May 5, 2015, LAKESIDE CONSTRUCTION DAY recognizing their donation of 1.53 acres of property, along with the building thereon, to the Princess Anne Courthouse Volunteer Rescue Squad. The owners and employees of Lakeside Construction Corporation recognized the sacrifice and dedication of the Volunteers who make our City great and were pleased to bestow this gift to the Princess Anne Courthouse Volunteer Rescue Squad. Eric C. Anderson expressed his appreciation to Mayor Sessoms, Members of City Council and the City of Virginia Beach. Mr. Anderson specifically thanked the Princess Anne Courthouse Volunteer Rescue Squad and all of the Volunteers sacrificing their time and giving of their talents to make the City such a great place to live. Mr. Anderson stated it was an honor to give this gift of land to such a deserving group of citizens. May 5, 2015 GA. 1A-BEAc 471 -444"hL O , O 4 !.. si, U ‘,5' OUR 9 OF OUR NAZ\9N.i,ti 4lrndamatinn Whereas Lakeside Construction Corporation is a Card development company that has had its headquarters in the City of'Virginia Beach since August of 1954;and Whereas During that time,Lakeside Construction Corporation has developed many different communities in the City of Virginia Beach including Diamond Lakes Estates,Avalon gaffs, 7fomestead,Pocahontas'Vi(Cage, Eairfiel;Point ofView,'Wesleyan Pines and,most recently,RedMi(f Farm;and Whereas Mrs.Lucy'F.Reasor,Chairwoman of the BoardEmeritus,holds a great appreciation for the volunteers who dedicate their service to the citizens of the City of Virginia Beach;and Whereas Recently,it came to the attention of Eric C.Anderson,President of Lakesice Construction Corporation, that the Princess Anne Courthouse Volunteer Rescue Squad hada need for a location to store equipment and house materials;and Whereas Lakeside Construction Corporation owneda parceCof B-2 zonedCand,including a storage budding,in the subdivision of Red Yid'Paan,on the main thoroughfare ofNmmo Barkway, that could aid the Rescue Squad in their mission;and- Whereas ndWhereas On April- 2015,Lakeside Construction Corporation deeded the 1.53 acres of property,along with the building thereon,to the(Princess Anne Courthouse Volunteer Rescue Squad- recorded in the Clerkof the Courts records onApril-14,2015,instrument number 20150414000327780;and. Whereas The owners and employees of Lakeside Construction Corporation recognized the sacrifice and dedication of the volunteers who make our City great and were pleased to bestow this gift to the Princess Anne Courthouse'T)o(unteer(Rescue Squad Now 7fierefore,I,William 4).Sessoms,Jr.,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim: May 5, 2015 Lakeside Construction Day In Virginia Beach anti call upon all citizens of Virginia Beach to egress their thanks to Lakeside Construction for their generosity and their appreciation for the volunteers of our City. InWitness'Whereof,I have hereunto set my hand and caused the Official-Seal- the City of Virginia Beach, Virginia,to he affixed thisffh day ofMay,Two Thousand and(leen. • William D.Sessoms,Jr. Mayor -32- Item VI—H.2 MAYOR'S PRESENTATION ITEM#64799 PROCLAMATION— Virginia Organizing Month Mayor Sessoms introduced Tim McCarthy and Deborah Grant and presented them with a Proclamation proclaiming AUGUST 2015, VIRGINIA ORGANIZING MONTH recognizing 20 years of grassroots organizing and brining about real change for real people through countless campaigns to improve the quality of life for all Virginians and encouraging all Citizens to learn about and support this organization in its efforts. Mr. McCarthy and Ms. Grant expressed their appreciation to City Council and the entire City of Virginia Beach for their continued support in helping to ensure everyone in the Commonwealth is treated fairly and with dignity in all aspects of life, regardless of race, class, gender, religion, sexual orientation, age, ability or country of origin. May 5, 2015 rrt'Ia;BEa�, — , b } b may✓ c'=:% '�>-"lit=F_ $� ✓ 111 rotamatton `1,0-1-DREAS: .(Virginia Organizing is a non-partisan,statewide,grassroots organization dedicated to challenging injustice 6y empowering people in local communities to address issues that affect the quality of their lives:and WHEREAS: l'irginia Organizing in'Virginia(Beach has worked to pass an inclusionary zoning affordable housing policy,a mobile home parkprotective policy,and curb predatory lending in the city through partnership with the Interfaith Alliance at the Beach;and, Whereas: Virginia Organizing worked for the development of affordable housing options and the eradication of homelessness in'Virginia(Beach and,in partnership,forsuccessfulpassage of the ban the box, policy;and `Whereas: 'Virginia Organizing'workedwithi the 9fuman Rights Commission to create a resolution celebrating diversity andweG-oming immigrants;and to engage local citizens in community conversations to address issues of concern; and WIPERS S: AmongVirginia Organizing's Statement of(Beliefs is the belief that all people slioulsibe treated fairly mu[with dignity in all aspects of life, regardless of race,class,gender,religion,sexual orientation,age,ability or country of origin,and 'WI ERSEAS: In August of 2015,Virginia Organizing is celebrating 20 years of grassroots organizing and bringing about real change for real people through countless campaigns to improve the quality of fife fin aft't irginians, NOW,T1(ERE FORE, be it resolved that I,'William E.Sessoms,Jr,Mayor of the City of Virginia Beach,hereby proclaim: August 2015 Virginia' Organizing Month Virginia(Beach, and"I encourage others to learn about and support this organization in its efforts. In Witness `Whereof I have hereunto set my hand and caused the Official Sear of the City of Virginia Beach, 'Virginia, to be aff zed this Ei th day of May, Two'Thousand fifteen. pai `William q).Sessoms,Jr. Mayor -33- Item VI—Z PUBLIC HEARING ITEM#64800 Mayor Sessoms DECLARED A PUBLIC HEARING: VIRGINIA BEACH TRANSIT EXTENSION PROJECT Local Preferred Alternative The following individuals registered to speak: Glen M Robertson, 301 Bendix Road, Suite 500, Phone: 554-0243, Virginia Beach Division Chair for the Hampton Roads Chamber of Commerce (HRCC), spoke in support. A letter of support was submitted to City Council from members of the Virginia Beach Roundtable, The Hampton Roads Realtors Association, the Tidewater Builders Association, Virginia Beach Vision and HRCC. The group is strongly supportive of the extension of Light Rail to Town Center, as the Local Preferred Alternative. The citizens voted to support the City Council to use "all reasonable efforts to support the financing and development of the Tide/Light Rail into Virginia Beach". 91%of Millennials say investing in public transit is important for economic growth and job creation they seek. The business community, military and young adults have all found common ground on this vital issue and now is the time to expand Light Rail into Virginia Beach. The Commonwealth has committed $155-Million in constructing funding and this is a once in a lifetime opportunity. Brandon Choler, 4105 Hermitage Point, Phone: 510-0796, spoke in opposition stating Light Rail should significantly improve congestion, but that will not happen. Light Rail will only transport 2,500 riders per day, which is %Z of 1% of the City's population. According to information from the American Public Transportation Ridership Comparison of 33 Cities with Light Rail, most cities have an established "downtown/business district" and high density areas. It is an over-reach to think that Light Rail could catapult Town Center to national prominence. He feels it is poor public policy to spend%%155-Million of State Funds,just because it is available. The standards for public and government officials is to act as good stewards of resources and use them for their intended purposes. Since 2011, the City has increased taxes by 10%and this is your legacy to the City. The burden is too great to ask the Citizens to bear. Tim McCarthy, 3845 Prince Philip Circle, Phone: 581-6938, spoke in support of the Locally Preferred Alternative to bring Light Rail to Town Center. He asked everyone in attendance that supports Light Rail to stand and be recognized. This is great vision and courage decision of City Council for which he expressed his appreciation. Terry Jenkins, 1016 Camino Real South, Phone: 301-2382, spoke in support of Light Rail initiative in particular for persons that do not have their own means of transportation either because of costs,frailty, infirmity or disability and are unable to drive. Don Crigger, 405 49th Street, Phone: 636-0907, requested City Council support Light Rail. He feels, at a minimum, Light Rail should extend to Town Center. Until the communities are connected, we will never know what the future can hold and it will have long lasting effects on future generations. He feels it is critical for the Region's future to create every possible linkage. Craig Poppen, 5101 Cleveland Street, Suite 202, Phone: 677-6083, advised he is representing Virginia Beach Vision and their 120 members. The Vision's Mission is to create a "vision" and advance initiates necessary for the City and the Region. Transportation and education are critical to the Vision's Mission and the actions taken over the next few weeks will significantly impact the City's future, character and livability. The Vision feels Light Rail is important to the growth of the City and they should capitalize on the funding the State has offered. May 5, 2015 -34- Item VI—L PUBLIC HEARING ITEM#64800 (Continued) Mike Barrett, 212 72nd Street, Phone: 339-0125, expressed his appreciation to City Council for the support of Mayor Sessoms and Vice Mayor Jones'proposed Budget which includes funding for Light Rail. Jack Bray, 708 Drift Tide Drive, Phone: 578-7207, spoke in opposition stating Members of City Council are "servants"for the public but the public is not "slaves. The decision regarding Light Rail is critical to the integrity and truthfulness of the position each City Council Member holds. Unfortunately, there are a lot of people forced to work two jobs to pay bills that are unable to come here to voice their opinion. Ken Chord, 3536 Courthouse Road, Phone: 340-6829, spoke in opposition stating Light Rail will be totally funded by the citizens. The study is only 5% complete and has already cost taxpayers $6.6- Million. City Council is manipulating the public opinion. R.K. Kowalewitch, 2064 Schubert Lane, Phone: 831-6143, spoke in opposition stating the City has a dark cloud looming with the pending investigations by state and federal officials. He requested City Council table all unnecessary projects until this is resolved. He feels there is too much money at stake and along with a number of conflicts of interest with City Council Members the City should focus on restoring the public's trust. City Council can always find money for public/private partnerships but when it comes to providing salary increases for employees,you raise taxes. Chris Stone, 4525 Main Street, Phone: 961-7800, spoke for the 290 employees of ClarkNexsen and asked City Council to support the Light Rail extension. He asked City Council to consider the "why" of Light Rail: why is now the right time for the City to invest in Light Rail? A multi-mobile transportation system is necessary for the City to grow and prosper. He feels this is critical for future generations. High-tech companies have taken an "urban turn" all due to young professionals are less interested in owning cars and big houses. They prefer to live in central locations with plenty of social options for non-work hours. In 1982, City Council approved the Lake Gaston Project and in the words of the late Meyera Oberndorf "Lake Gaston breathed new life into the City of Virginia Beach". Imagine if City Council had not acted with vision and courage what the potential impacts the City would face now. Arthur Deangelis, 749 Whistling Swan Drive, Phone: 424-1558, spoke in opposition of Light Rail. Mr. Deangelis is a retired financial analyst of Fortune 500 companies but is no expert on Light Rail. Mr. Deangelis sought information from Dr. Koch to help make his decision on Light Rail. According to Dr. Koch, there will be no significant traffic benefits or development as a result of Light Rail. He suggested the City invest to enhance the bus system. Joseph Marrazzo, 3869 Buchanan Drive, Phone: 287-7649, advised his primary means of transportation is the Hampton Roads Bus Transit. He understands Light Rail is expensive and admits he is nervous about the cost; however, he feels it will greatly increase the quality of life for many citizens. Barbara Messner, stated this Public Hearing was not advertised in the Beacon for two weeks as required by Law. She asked if any City Council Member requested legal opinion for conflict of interest from the Commonwealth Attorney or the State Attorney's Office. She reminded Councilman Wood his son works for Wilcox Savage, the same firm hired by the City to work on the Arena and Cavalier projects. The Referendum was for a "study", nothing else. Julie Gifford, 805 Costa Grande Drive, Phone: 619-7868, expressed her support for the Light Rail and encouraged City Council to approve Light Rail at next week's City Council meeting. May 5, 2015 -35- Item VI— PUBLIC HEARING ITEM#64800 (Continued) Carolyn McPherson, 2700 Royster Court, Phone: 412-4786, spoke in support. She has worked for years for non profits to help people without transportation. She has found multi-mobile transportation is vital for survival. Franklin Babonis, 1060 Villas Court, Phone: 995-8731, spoke in support of Light Rail. He stated "in order to make money, you must spend money". Mr. Babonis advised he is an "expert" on Light Rail as he built the Tide in Norfolk. Jeanne Evans-Cox, One Columbus Center, Phone: 490-7810, is the Executive Director of Central Business District Association, which represents over 150 businesses. CBDA supports Light Rail funding in the proposed budget. The CBDA has been preparing for this for years and it is time to expand Light Rail into the City. Light Rail will put the City on the map with the other progressive Cities and will embrace the 2040 Vision. The State Funds is a "once in a lifetime opportunity". The City must take the opportunity and move forward to invest in the City's future. Embrace the 2040 Vision. This is not for us, but for our children and grandchildren. Dan Heatwole, spoke in support, representing the CBDX. Extending Light Rail is logical decision to connect Virginia Beach and Norfolk. This is the opportunity to act as a leader in Region and State. Light Rail will bring new jobs, entertainment options and expansion to the City. This is necessary to bring life to the SGAs. The State has committed $155-Million and this is a once in a lifetime opportunity for the City. Colby Raymond, spoke in support of Light Rail. Ms. Raymond is the Membership Chair of the CBDX and is a Mortgage Banker. Real Estate Tax will lead to more development and continue to make the City a thriving community. Assessments are based on sales within a neighborhood and analyzed on an annual basis. Assessment increases shows an "up-swing" to the housing market and that is great news. Light Rail is the next step in the City's future. Jesse Welsch, is the Vice President of CBDX. He thanked the nine (9) City Council Members that have stated they will vote in favor of including Light Rail in the upcoming Budget. Ashley Mars, spoke in support of Light Rail. She is the Creative Director for Devaris Real Estate, a member of CBDX and an advocate for the Central Business District. Light Rail will create synergy in the City as these Young Professionals want to live in walkable, bike able and transient oriented communities. Joash Schulman spoke in support of Light Rail. He is the President of CBDX, a group of 82Young Professionals and future leaders of the City. He understands that investing in the future is sometimes hard to do because reward cannot be seen; however, it is the right thing. Light Rail is the first step in moving the City forward. Mr. Schulman used to live in Washington, D.C. and did not own a car. Instead, he used Metro for his transportation. He encouraged the City to embrace growth to the City and move forward to connect two amazing communities. Kaitlin Burket, spoke in support of Light Rail. She is a Board Member of the CBDA and a member of the CBDX. Ms. Burket is a member of the City's workforce and enjoys everything the City has to offer. Light Rail will drive economic development, enhance the quality of life for the residents and create jobs. This is not about what Light Rail will do for us now, not what Light Rail will do for us in the future. Allison Welsch, is the Sales and Marketing Manager for Town Center and supports extension of Light Rail. She is also a Board Member of CBDA and Executive Member of CBDX. The tenants express overwhelming support for Light Rail to Town Center. A Regional Transit System is important to the future of the City. May 5, 2015 -36- Item VI—L PUBLIC HEARING ITEM#64800 (Continued) David Bickford, spoke in support of Light Rail. He is the Chairman of the Light Rail Committee of the CBDX. Light Rail will enhance the City and he is excited to see what the future holds. Burrell Saunders, 3827 Jefferson Boulevard, Phone: 655-6122, spoke in support of Light Rail. Citizens spent `thousands of hours and attended `hundreds of workshops in developing the SGAs. The overwhelming statement was citizens desired to have a walkable City with multi-mobile transportation system. Mike Aschkenas, 280-5 West Point Court, Phone: 404-0483, spoke in support of Light Rail. The feeder bus system will be greatly enhanced and the$155-Million in State Funds will help spur the$1.8-Billion in new development around the line,just as it did in Charlotte, NC. Nancy Craft, 3112 New Bridge Road, Phone: 426-2019, supports the extension of Light Rail as transportation has been a major issue for the City and the Region for a long time. The State has dedicated funding and she feels the City should take advantage of that funding and move this project forward. Gordon Parker, 422 Discovery Road, Phone: 287-7420, spoke in support of Light Rail. This is about our children and our grandchildren. This will make the City a place where people will want to live, work and play. Michael Bedell , 2013 Mill Landing Road, Phone: 348-4354, spoke in opposition of Light Rail to Town Center. The operation of Light Rail is estimated $6.2-Million and if extended, the costs continue to increase. Kenny Golden, 3425 Montgomery Place, Phone: 463-4988, spoke in support of the Draft Environmental Statement but does not support Light Rail. The City must increase the bus system along roadways and feeder lines before Light Rail can be successful. This must be a regional effort and heavily subsidized by the Federal Government before it works. Debra Grant, 5636 Dodington Court, Phone: 230-0118, spoke in support of Light Rail. She is part of Southampton Roads Virginia Organizing which is committed for all things for the common good of our community. Petey Browder, Phone: 773-6732, spoke in opposition of Light Rail. She advised prior to the November 2011 Election, a sign was posted throughout the City that read "Vote Yes on November 6th to the Light Rail Study". On April 20, 2015, she attended a Public Hearing on Light Rail and asked Julie Timm, HRT Coordinator and Panelist when the study began. Ms. Timm stated in 2008 the General Assembly directed HRT to conduct a study and it began in 2009. The City does not need an Arena or Light Rail Brock Wallace, 3141 Swainsons Lane, Phone: 403-0780, spoke in support of Light Rail. He is a Health Care Consultant and has watched the City grow into a vibrant community. Light Rail will only enhance the quality of life for the citizens. William Nater, 1804 John Brown Lane, Phone: 479-2398, spoke in opposition of Light Rail if a Tax Increase is necessary to fund the project. He reminded City Council of their promise to do what is in the best interest of the citizens and he does not feel a tax increase is in the best interest. Will Christopher, 409 Duke Street, Phone: 971-3263, spoke in support of Light Rail. He feels this project will enhance the future of the City and will ensure tax dollars stay in the City. May 5, 2015 -37- Item VI— PUBLIC HEARING ITEM#64800 (Continued) Diana Howard, 1057 Debaca Court, Phone: 721-5128, spoke in opposition. She is the Vice-Chair of the Virginia Beach Chapter of the Hampton Roads Tea Party and they feel this is a "revenue-sucking vehicle". The study clearly states "the estimates in the report have an accuracy rate index of 4, which is equal to plus 40% to a minus 20% range". With this huge variance. it is impossible to budget for operating and maintenance costs. The study also shows Light Rail will increase congestion in the study area at specific intersections. This is not expected to decrease levels of congestion on area roads or create economic growth around the corridor. George Donley, 424 Tony Road, Phone: 677-7828, spoke in opposition. Light Rail will not increase jobs or economic development for the City. The private sector speaks in support of Light Rail yet they have never offered to pay for it. Stop comparing Virginia Beach to other cities. People love Virginia Beach because "we are Virginia Beach". Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 426-5589, spoke in opposition. He read the study and none of the things talked about are included. He agrees the City needs improvement to mass transit systems but Light Rail is not the answer. The cost to run busses is $89.00 per hour, the costs to ride the Tide is $328.23 an hour and we will be required to pay for that in perpetuity. Bill Dale, 733 Pinebrook Drive, spoke in support of Light Rail. A community for a lifetime is not based solely on our needs but those of future generations and that is what makes the City noteworthy. When water was needed, visionaries built a pipeline to Lake Gaston and provided the City water. This was one of the best decisions made by the City. The refurbishing of Atlantic Avenue and Boardwalk and expansion of the Beach have met with cries from small but vocal minority that it was favoritism yet the City has reaped the benefits of those decisions for years. The City's investment and vision have continued to enhance the City for many years now. He encouraged City Council to again choose to move the City into the future and approve Light Rail. David Williams, 2104 West Admiral Drive, Phone: 481-1668, supports efficient transportation systems. He expressed concerns regarding Light Rail as proposed. Everyone wants to live in an efficient, well-run community with reasonable taxes and quality transportation. Transportation systems should enhance the quality of life across a wide portion of the City and Light Rail does not do that. Light Rail will be an ever increasing burden to taxpayers. Frank Yaconiello, 4840 West Grove Road, Phone: 650-6777, spoke in support of Light Rail. Although it is expensive now, the price will only continue to increase in years to come and then the City may not have the funding from the State to complete the project. Kim Whitley, 715 Winston Salem Avenue, Phone: 635-0863, spoke in support of Light Rail. He is an avid cyclist and was invited to travel to Charlotte to visit the area around their Light Rail line. The development around their line is beautiful and has created a very vibrant,pedestrian friendly city. Paul Murray, 2708 Roundtree Court, Phone: 286-5000, spoke in opposition of Light Rail. He encouraged City Council to listen to Dr. Koch and his findings regarding this project. This is a non- revenue producing project and will not reduce traffic congestion. Nisha Witt, 1710 Blair Avenue, spoke in support of Light Rail. She values innovation, advancement and growth. Light Rail is all of these things. May 5, 2015 -38- Item VI—L PUBLIC HEARING ITEM#64800 (Continued) Lewie Gayton, 3356 Glen Eden Quay, Phone: 463-3678, spoke in opposition of the Tax Increase for the expansion of Light Rail. He expressed his support to expand bus transit that will be much more beneficial to the entire City. Waverly Woods, 2453 Haversham Close, 749-8266, spoke in opposition. The study is incomplete and states "while the build alternatives would increase the transit options available by providing an additional mode of transportation, the build alternatives would not be expected to directly decrease congestion on area roadways from current levels". City Council wants to approve the project. She met with Congressman Riggell this morning and when asked about Light Rail, his response was "I went down and saw Light Rail and I rode on it. It was virtually empty. " Kathryn Oran, 2460 Kerr Drive, Phone: 426-9024, spoke in opposition of Light Rail. She expressed frustration from reading City Council had already made the decision. The City is now tearing down parts of the City and neighborhoods to build-up other parts of the City and that is wrong. John Eason, 4733 Little John road, Phone: 642-4844, spoke in opposition of Light Rail. Norfolk has not improved anything and now Norfolk wants the City to bail them out as they simply have a trolley that goes nowhere. At the end of the day, the project cost will be in excess of$1-Billion; however, he supports the expansion of the bus system. Chris Brown, 1433 Sangaree Circle, spoke in opposition. He stated Young Professionals want busses not rail. Instead, Young Professionals want services that have a net asset to the family as a whole. Dr. Robert Young, 669 Fort Raleigh, Phone: 428-4358, spoke in support of Light Rail. He sees Light Rail as the cornerstone mark needed to connect the Region. Paul Simmons, 5020 Cliffony Drive, Phone: 681-2692, spoke in opposition of Light Rail. The project does not guarantee any economic driver. People under forty do not have the same perspective as someone a little older and understands how tax dollars should be spent. Steve Laforta, 936 Rio Grande Drive, Phone: 426-8128, spoke in opposition of Light Rail. He feels it is a want and not a need and therefore should not be built. The technology is antiquated and a terrible waste of tax payer dollars. William J. Rigney, 3852 Surry Road, Phone: 464-0255, spoke in opposition as it is too costly. The study shows Light Rail is twice the costs of a bus system. The City should invest in expanding the bus system if the goal is to reduce traffic congestion. Betty Kennedy, 2700 Cattayle Run, Phone: 340-8975, spoke in opposition of Light Rail. She attended a recent meeting at the Central Library and learned Light Rail is not self-sustaining in any of the cities. The Environmental Impact Study costs the taxpayers $6.6-Million and it found no material positive or negative effect on transportation. The money dedicated from the State should go to much more important and necessary improvement to the transportation needs, such as an addition to the Hampton Roads Bridge Tunnel. Carol Taylor, 2633 S. Kings Road, Phone: 486-3056, spoke in opposition of Light Rail. She expressed distress over the level of civility tonight and feels that respect should be given to the City Council Members. She suggested the City improve the bus transit system in an effort to connect the areas and reduce traffic congestion. May 5, 2015 -39- Item VI—I. PUBLIC HEARING ITEM#64800 (Continued) J. Toni Hedrick, 1132 Blackburn Lane, Phone: 460-0136, spoke in opposition of Light Rail. She expressed her displeasure at City Council for spending$6.6-Million on the Study and then to ignore the findings. Tonight's hearing is an abuse of power. She is a member of the Virginia Beach Transportation Working Group that, yesterday, filed with HRT a seventy page substantive critique of the DEIS. City Council should have adequate time to receive, review and digest all of the comments received by HRT before holding a Public Hearing on this preferred alternative. Jack Bolsen, 584 Peegrine Street, Phone: 876-8232, spoke in opposition of Light Rail. He feels this is a momentous moment in the City and will be a defining moment in the City's history. He does not feel it is reasonable to spend$140,000 per rider based on the total cost estimate and ridership. Jim James Beckstedt, 349 E. Chickasaw Road, spoke in opposition of Light Rail. Marvin Keefer, 4729 Eldon Court, Phone: 456-0007, spoke in opposition of Light Rail. He feels the key issue for success of Light Rail is population density. Everyone knows Norfolk's ridership is declining and they should make ridership free. Caleb Dobbs, 1100 Woodcock Lane, Phone: 620-6932, spoke in opposition of Light Rail. He expressed frustration and questioned why Light Rail is included in this year's Budget when it has not even been approved. The Study shows the project will be a giant waste of money. Al Wallace, 4601 Chippendale Court, spoke in opposition of Light Rail. The parking lot at Newtown for Light Rail is rarely even `half-full. He suggested expanding the bus service to Newtown Road to reduce traffic congestion. Karen Forget, 802 Delaware Avenue, Phone: 472-0406, spoke in support of Light Rail. She stated everyone is here because they love the City and feels it is a great place to live. Light Rail and development of the SGA Plans is a very important part of protecting water quality and open space in the City. The beaches and waterways are one of the City's biggest assets and we should protect the same. Diane Pyle, 740 Virginia Dare Drive, Phone: 422-5187, spoke in opposition of Light Rail. She feels Light Rail is a misuse of funds and she calls on City Council to do the right thing for all Citizens. Terrence Geerhart, 3975 W. Stratford Road, Phone: 472-9639, did not respond. Robert Dean, 1204 Shawn Drive, Phone: 427-6606, spoke in opposition of Light Rail. Mr. Dean provided copies of the Study of the Virginia Beach Transportation Working Group, the Inspector General's Investigation of Light Rail Operations in Norfolk, the Investigative Audit of the Light Rail Misuse of Funds and Cato's Institute Light Rail Study. Mr. Dean feels this project is full of lies, deceit and corruption and should not move forward. Greg Kirby, 637 W. Lynn Shores Circle, Phone: 486-1390, did not respond Teresa Kirby, 637 W. Lynn Shores Circle, Phone: 486-1390, did not respond Dorinde Ennis, 3556 Shore Drive, Phone: 573-7701, spoke in opposition of Light Rail. She suggested taking the funds proposed for Light Rail and provide Teachers more of a raise. Carl Wright, 1144 Mondrian Loop, Phone: 235-3596, stated he is tired of driving around and Light Rail gives another option for transportation. May 5, 2015 -40- Item VI—L PUBLIC HEARING ITEM#64800 (Continued) Megan Fiore, 1605 Fairfax Drive, Phone: 373-9884, spoke in support of Light Rail. She is currently enrolled at ODU and feels Light Rail will reduce the cost of transportation. Her Parking Pass for ODU is$250 each year versus Light Rail costs of$45 a year. Frank Papcin, 4008 Rumford Lane, Phone: 498-4878, spoke in opposition of Light Rail. He does not feel the State should use the $155-Million for Light Rail but rather use it for salary increases for Teachers. Also, he has heard numerous people compare Virginia Beach to Charlotte and he feels that is not a fair comparison. Charlotte has over 750,000 residents and has many major entertainment venues within nine (9) miles of each other. There being no other speakers,Mayor Sessoms CLOSED THE PUBLIC HEARING. May 5, 2015 -41- Item VI—J. PUBLIC HEARING ITEM#64801 Mayor Sessoms DECLARED A PUBLIC HEARING: FRANCHISE AGREEMENTS Proposed five (5)year Cafe Franchise Leases of City-owned property: a. 11th Street Boardwalk Cafe 11`h Street b. Atlantic Avenue Side Street Café 11th Street c. Planet Pizza Sidewalk Café Atlantic Avenue d. Seaside Raw Bar Sidewalk Café Atlantic Avenue There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. May 5, 2015 -42- Item-VI-K ORDINANCES/RESOLUTIONS ITEM#64802 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council APPROVED,BY CONSENT,Agenda Items la/b/c/d,2, 3a/b/c/d, 4a/b and 5. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None **Councilman Uhrin ABSTAINED on ITEM#1c **Mayor Sessoms ABSTAINED on ITEM#3b **Councilman Uhrin ABSTAINED on ITEM#3b May 5, 2015 -43- Item-VI-K.1a/b/c/d ORDINANCES/RESOLUTIONS ITEM#64803 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to GRANT Five (5)year Franchise Agreements for Open Air Cafes: a. 11th Street Boardwalk Cafe 11th Street b. Atlantic Avenue Side Street Cafe 11`x'Street ** c. Planet Pizza Sidewalk Cafe Atlantic Avenue d. Seaside Raw Bar Sidewalk Cafe Atlantic Avenue Voting: 11-0 ** Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None **ITEM#1c Councilman Uhrin ABSTAINED on ITEM#1c making the Vote 10-0 May 5, 2015 1 AN ORDINANCE GRANTING FOUR 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, the following four entities have successfully operated open air cafés 17 pursuant to either one-year or five-year franchise agreements, and are seeking renewal 18 of their franchise agreements for five year terms: (1) 11th Street, LC, t/a 11th Street Café, 19 for operation of a Boardwalk Café; (2) 11th Street, LC, t/a 11th Street Café, for operation 20 of an Atlantic Avenue Side Street Café; (3) Planet Pizza, Inc., t/a Planet Pizza Cafe, for 21 operation of an Atlantic Avenue Sidewalk Café; and (4) VB's Raw Bar, Inc., t/a Seaside 22 Raw Bar Café, for operation of an Atlantic Avenue Sidewalk Café.; and 23 24 WHEREAS, the Strategic Growth Area Office recommends that the above- 25 named entities be granted open air café franchise agreements. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH: 29 30 That the City Council hereby grants five-year franchise agreements to: (1) 11th 31 Street, LC, t/a 11th Street Café, for operation of a Boardwalk Café; (2) 11th Street, LC, 32 t/a 11th Street Café, for operation of an Atlantic Avenue Side Street Café; (3) Planet 33 Pizza, Inc., t/a Planet Pizza Café, for operation of an Atlantic Avenue Sidewalk Café; 34 and (4) VB's Raw Bar, Inc., t/a Seaside Raw Bar Café, for operation of an Atlantic 35 Avenue Sidewalk Café. 36 May Adopted by the City Council of Virginia Beach, Virginia on this 5th day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 06,Strategic Growth Area Office City Attorney's Office CA13338 R-1 April 20, 2015 CA.14 FRzkNCHISE 0 ISCLSRE STATEM ENT This farm is requfred for file following application.s: ilatonhig;Conditional'Use Pervi4 Eamnaeltment; Street Closure;Aerials:4ms a City Property;Disposilon of City Property; Lease of City Property;Franchisee;License Augments and tiny other matters before Planning Commilsion ander City Cer-ii.....sea ving to do with read ate or Vac development of proptuly in the City of Vfrenia Thib APPLICANT DISCLOSURE If the Applicant is a corporation,partnership,firm,business,or other unincorporated organization,complete the following: I. List the Applicant name followed by the names of all officers,directors,members, trustees, pelts,etc,below: (Attach list if necessary) ..."_1(616LLZeziri- 4a/treas. earavas "ref Alcati" 2. List all businesses that have a parent-subsidiaryl or affilistoi business entity2 relationship with the Applicant (Attach list V"necessaiy) • Check here if the Applicant is NOT a corporation,partnership,firm,business,or other unincorporated organization. PROPERTY OW/tMil DISCLOSURE Complete this section only ifproperty owner is different from Applicant. If the property owner is a corporation,pat.lnership,fimi,business,or other unincorporated organization,complete the following: L List the property owner name followed by the names of all officers,members, trustees,partners,etc.below: (Attach list Otecessary) a/4 /2-//tz. .9-01/7L7e.-}Pe- / Pap I of 4 //,1 gele4/ ,' 2. List all businesses that have a parent-subsidiary) or affiliated business entity2 relationship with the Property Owner; (Attach list if necessary) Q Check here if the property owner is NUT a corporation,partnership,firm, business,or other unincorporated organization. &2 See page 4 for footnotes SERVICES DISCLQSUR.E Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Finn/Individual J 44 Accounting Bol? Gatrre`r CP d Architect O X Contract Purchaser(other than Applicant)(identify purchaser --- and purchaser's service providers) p , Any other pending or proposed purchaser of the subject property —_ (identify purchaser(s)and purchaser's service providers) ❑ )4 Construction Contractor ❑ AS ,Engineer/Surveyor ❑ IQ Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Page 2 of 4 41 ..ad property) Legal Services 6",,epe ygi Real Estate Brokers/Agents for current and anticipated future sales of the subject property Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes _No If yes,what is the name of the official or employee and he nature of the interest'? The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. All disclosures must he undated two(2)weeks prior to any Planning Commission and City Council Meeting relating to the application. igNo changes as of 3Ill/s (date) 0 Revisions: (date) CEZIFICAT;O : I certify that the information contained herein is complete.'bile and accurate. I understand that I am responsib'e for updating the information ptvvided herein two weeks prior to the City Council meeting. .1121(_____,........;.1„.... 4rdreas( euetr y/ App' s S'I.gat re Print Name Date P t efs Sig •r'.rre(if different than Applicant) Print Name Date vowel/ , Page 3 of 4 I "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Vu. Code§22-3I 01. 2"Affiliated iliated business entity relationship"means"a relationship,other than parentrsubsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also n controlling owner in the other entity, or (iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or mingled funds or assets; the business entities share the use of the same offices or eurployees or otherwise shire activities, resources or personnel on a regular basis; cs there is otherwise a close working relationship between the entities,"See State and Local Government Conflict of interests Act;Va.Code§ 2.2-3101. Page 4 of 4 CAFe FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications: Rezoning; Conditional Use Permit; Encroachment;Street Closure;Acquisition of City Property;Disposition of City Property; Lease of City Property;Franchises;License Agreements and any other matters before Planning Commission and/or City Council having to do with real estate or the development of property in the City of Virginia Beach. APPLICANT DISCLOSURE If the Applicant is a corporation,partnership,firm,business,or other unincorporated organization,complete the following: 1. List the Applicant name followed by the names of all officers,directors,members, trustees. uartners,etc.below: (Attach list ifnecessary) . ],._ _ _ y\res('ti ce,4-L44.. b & 1 sem- z 2. List all businesses that wave a parent-subsidiary or affiliated business entity` relationship with the Applicant: (Attach list if necessary) 11►1 ik CA, ❑Check here if the Applicant is NOT a corporation,partnership,firm,business,or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from Applicant. If the property owner is a corporation,partnership,firm,business,or other unincorporated organization,complete the following: 1. List the property owner name followed by the names of all officers,members, trustees,partnerss,etc.below: (Attach list ifnecessary) Page 1 of 4 2. List all businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the Property Owner: (Attach list if necessary) ❑Check here if the property owner is NOT a corporation,partnership,firm, business,or other unincorporated organization. 1 &2 See page 4 for footnotes SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Firm/Individual ❑ \IR Accounting ❑ Architect ❑ Contract Purchaser(other than Applicant)(identify purchaser _ and purchaser's service providers) ❑ %1Sk. Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractor ❑ V.Z. Engineer/Surveyor ❑ �Sk Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Page 2 of 4 property) ❑ ''I51,` Legal Services ❑ t, Real Estate Brokers/Agents for current and anticipated future sales of the subject property Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes X No if yes,what is the name of the official or employee and the nature of the interest? The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council Meeting relating to the application. ❑ No changes as of (date) ❑ Revisions: (date) CERTIFICATION: t certify that the information contained herein is iommplete,true and accurate. 1 understand that 1 am responsible for updating the information provided herein two weeks prior to the City Council meeting. ti Applicant: ignature Print Name Date a >. '116 1► � 1'111„ j ••erty •• ne Signatu ditferentthar Applicant) Print Name Date Page 3 of 4 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDLP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board SECTION 1 / APPLICANT DISCLOSURE El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. [' Check here if the APPLICANT IS a corporation, partnership, firm, business, or Page 1 of 4 `_❑ other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND TH;rNZ complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) ii .n✓g'w..% r.,a� ...✓` Y^ni... �«..�k., S..✓ b°Y.A-`^..'� (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Ii 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets If needed) Accounting and/or preparer of your tax return IJ Architect/ Landscape Architect/ Land Planner nContract Purchaser (if other than ® the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed n purchaser of the subject property (identify purchaser(s) and purchaser's service providers) I Construction Contractors Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Financing (include current I "I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) T EiLegal Services 1111.111111111111.11 Real Estate Brokers /Agents for ❑ current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. A4:.4., am T f '/ PPLICAN ' NATURE PRINT NAME DATE/ PROPER °'F•WNER'S ATURE PRINT NAME DATE -- - The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. G IA BE cl it City of Vir iriia I ; ach ie. V q - . '` ISG 4 S Op OUR NAS,plS VBgov.com JOHN E.UHRIN PHONE: (757)200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHRIN @VBGOV COM In Reply Refer to 0054780 May 5, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Fraser: Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to grant franchise agreements for open air cafés. One of the franchises is for Planet Pizza, Inc., t/a Planet Pizza Café, for operation of an Atlantic Avenue Sidewalk Café at property located at 812 Atlantic Avenue and owned by Burlage Shops, L.L.C. 2. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. 3. Burlage Shops L.L.C. is an affiliated entity of Burlage Management Corporation. I hereby disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- May 5, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincere , J E. Uhrin Councilmember JEU/RRI -44- Item -VI-K.2 ORDINANCES/RESOLUTIONS ITEM#64804 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Public Works Specifications and Standards re commercial entrances on connector streets East of Atlantic Avenue Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: None Council Members Absent: None May 5, 2015 1 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 2 3 4 AN ORDINANCE TO AMEND THE PUBLIC WORKS 5 SPECIFICATIONS AND STANDARDS BY ADDING A NEW 6 SECTION 3.10.3.1, PERTAINING TO COMMERCIAL 7 ENTRANCES ON CONNECTOR STREETS EAST OF 8 ATLANTIC AVENUE 9 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That the Public Works Specifications and Standards are hereby amended and 14 reordained by the addition of a new Section 3.13.3.1, pertaining to Commercial 15 entrances on connector streets east of Atlantic Avenue, to read as follows: 16 Chapter 3. Geometric Alignment & Design 17 . . . . 18 3.10 Entrances 19 . . . . 20 3.10.3.1 Commercial entrances on connector streets east of Atlantic Avenue. 21 22 a) No lot or zoning lot located on Atlantic Avenue between Rudee Inlet and 23 42nd Street on which any commercial use is located shall have a vehicular entrance 24 from any numbered street east of Atlantic Avenue unless (i) there is an existing curb cut 25 onto such street as of April 21, 2015, or (ii) such entrance is approved by the City 26 Council. For purposes of this section, "commercial use" shall be deemed to include any 27 building other than one containing only dwelling units, as defined by Section 111 of the 28 City Zoning Ordinance. 29 30 b) The provisions of this section shall not be varied by the Director of Public 31 Works pursuant to Section 1.4 of these specifications and standards or by the City 32 Manager or his designee pursuant to Section 5 of the Site Plan Ordinance, or any 33 successor specification, standard or ordinance. 34 i I 35 COMMENT 36 37 The ordinance amends the Public Works Standards and Specifications to prohibit 38 commercial uses on the numbered streets east of Atlantic Avenue between Rudee Inlet and 42"d 39 Street from having an entrance onto the connector street unless there is an existing curb cut onto 40 the connector street as of the date this ordinance is adopted (April 21, 2015) or such entrance is 41 approved by the City Council. The ordinance also specifies that the Director of Public Works or 42 City Manager or his designee may not grant a variance from this section, thus leaving the City 43 Council as the sole authority to allow an entrance to a commercial use from a connector street east 44 of Atlantic Avenue from Rudee Inlet to 42"d Street. 45 46 47 Adopted by the City Council of the City of Virginia Beach, Virginia on the 5th 48 day of May , 2015. 49 50 51 52 APPROVED AS TO LEGAL SUFFICIENCY: 53 t r ., 54 55 ,j; -45- Item-VI-K.3a ORDINANCES/RESOLUTIONS ITEM#64805 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE: a. Acquisition of property from Equity Trust Company to protect the Southeastern Parkway and Greenbelt alignment at Credle Road Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None • May 5, 2015 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 APPROXIMATELY 1.03 ACRES OF PROPERTY 3 LOCATED ON CREDLE ROAD FROM EQUITY 4 TRUST COMPANY FBO KAREN WARD IRA TO 5 PROTECT THE SOUTHEASTERN PARKWAY AND 6 GREENBELT ALIGNMENT 7 8 WHEREAS, Equity Trust Company FBO Karen Ward IRA("Equity Trust Company") 9 owns 8 lots, containing approximately 1.03 acres of land, located on Credle Road in the 10 City of Virginia Beach, Virginia (GPINs: 2416-27-3808, 2416-27-3849, 2416-27-3980, 11 2416-27-4920, 2416-27-4961, 2416-27-5902, 2416-27-5943 and 2416-27-5984) 12 (collectively, the "Property"), as further described on Exhibit A, attached hereto and 13 incorporated herein; 14 15 WHEREAS, the Property is located within the alignment for the Southeastern 16 Parkway and Greenbelt, and the City of Virginia Beach (the "City") has purchased 17 numerous other properties within the alignment in an effort to prevent development that 18 would lie in the course of the future roadway; 19 20 WHEREAS, Equity Trust Company has agreed to convey the Property to the City for 21 $508,000, subject to Council approval and in accordance with the Summary of Terms 22 attached hereto as Exhibit B and incorporated herein, and 23 24 WHEREAS, funding for the acquisition is available in the Various Site Acquisitions II, 25 CIP 3-139; 26 27 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 28 VIRGINIA: 29 30 1. That the City Council authorizes the acquisition of the Property pursuant to 31 §15.2-1800 of the Code of Virginia (1950), as amended, which Property is generally 32 identified as GPINs 2416-27-3808, 2416-27-3849, 2416-27-3980, 2416-27-4920, 2416-27- 33 4961, 2416-27-5902, 2416-27-5943 and 2416-27-5984)and more particularly described on 34 Exhibit A. 35 36 2. That the City Manager or his designee is further authorized to execute all 37 documents that may be necessary or appropriate in connection with the purchase of the 38 Property, so long as such documents are in accordance with the Summary of Terms 39 attached hereto as Exhibit B and containing such other terms, conditions and modifications 40 as may be acceptable to the City Manager and in a form deemed satisfactory by the City 41 Attorney. 42 5th 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 44 of May , 2015. CA13240 R-1 PREPARED: 4/17/15 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d002\p019\00175343.doc APPROVED AS TO ONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: b UBLI WO KS, REAL ESTATE CITY ATTORNEY APPROVED AS TO SUFFICIENCY OF FUNDS: ( cziFinance Department EXHIBIT "A" Legal Description All those certain lots, tracts or parcels of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "LOT Al," "LOT A2," "LOT B1," LOT B2," "LOT Cl," "LOT C2," "LOT D1," and "LOT D2," as shown on that certain plat entitled, "SUBDIVISION OF PROPERTY OF MRS. T.J. HUTCHINGS AND LOT 21, SECTION 2 EXTENDED, NORTH BELLWOOD PARK, M.B. 34, P. 19 M.B. 36, P. 45 VIRGINIA BEACH, VIRGINIA," Scale 1" = 30', dated May 13, 2014, prepared by Dennis J. Gerwitz Land Surveyors, P.C., which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20140915000871530, to which reference is made for a more particular description. TOGETHER WITH all right, title and interest of the Seller, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. EXHIBIT "B" SUMMARY OF TERMS OWNER: Equity Trust Company FBO Karen Ward IRA BUYER: City of Virginia Beach, VA PROPERTY: Approximately 1.03 acres of land on Credle Road (GPINs: 2416-27-3808, 2416-27-3849, 2416-27-3980, 2416-27-4920, 2416-27-4961, 2416-27-5902, 2416-27-5943 and 2416-27- 5984) CONSIDERATION: $508,000 SOURCE OF FUNDS: Various Site Acquisitions II (CIP 3-139) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • Seller shall pay its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. , TF ua 1 +� Jh ' �04 w if w N \\—— 0Z ILI 0 14 , 1 fi \ 4\ V\\ 0 4) � Qw CO0 \ '8\ \ t4 fX (3 r 2 11: \ Ce• \ \ -- 2----___ U.ILL. U. Q \ 0 4 rf 4 ,1 I `11 -4 w 1 27-59 t LL 2416- `' ' CC C { Cr_1. 902 0 2416-27.5r IOL2416-27 4961 2416-21-492° 3980 :6-2-1 16-27 3849 gyp . 2416-27 -38°9 -- --—_ f - .54.7e0):0) N c> l4 - � w d � - U Q % es 3 AG i Z Iir ��CK Rp`' ,�� a co c3 y � to i Q W 0 XV z O t,)A n. w w c le Q co �o I Iw '�L -46- Item -VI-K.3b ORDINANCES/RESOLUTIONS ITEM#64806 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE: b. Temporary suspension of the Commercial Parking Restrictions as a right-of-way at 712 Atlantic Avenue Voting: 9-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. John E. Uhrin Council Members Absent: None May 5, 2015 1 A RESOLUTION AUTHORIZING A TEMPORARY 2 SUSPENSION OF THE COMMERCIAL PARKING 3 RESTRICTION ON THE PROPERTY LOCATED ON THE 4 FORMER 8TH STREET RIGHT-OF-WAY, A PORTION OF 5 712 ATLANTIC AVENUE (GPIN 2427-23-5940). 6 7 WHEREAS, the City Council approved the vacation and closure of a 8 portion of 8th Street by Ordinance 96-2391J, adopted May 14, 1996, and the former 9 street (the "8th Street Property") was incorporated into property owned by Burlage and 10 Associates; 11 12 WHEREAS, the street closure was a part of the development of the 9th 13 Street Parking Garage, and the development documents included a Declaration of 14 Easements, Covenants and Restrictions (Deed Book 3692, at page 890), which 15 required, among other things, that the 8th Street Property could not be used for 16 commercial public parking (the "Commercial Parking Restriction"). The Commercial 17 Parking Restriction may be enforced by the City Zoning Administrator and by the owner 18 of the 9th Street Parking Garage. The Commercial Parking Restriction terminates on 19 March 31, 2027; 20 21 WHEREAS, the Virginia Beach Development Authority (the "Authority") is 22 the current owner of the 9th Street Parking Garage, which is adjacent to the 8th Street 23 Property; 24 25 WHEREAS, Burlage and Associates sold the 8th Street Property to 26 Festival, LLC ("Festival"), and Festival would like to suspend the Commercial Parking 27 Restriction until October 31, 2016, in order to use the 8th Street Property as a 28 commercial public parking lot while it plans the redevelopment of the 8th Street Property 29 and the adjacent property; 30 31 WHEREAS, there is a shortage of available public parking at the 32 Oceanfront; 33 34 WHEREAS, all other use restrictions affecting the 8th Street Property will 35 remain in full force and effect; and 36 37 WHEREAS, the City Council is of the opinion that authorizing the 38 temporary suspension of the Commercial Parking Restriction on the Property until 39 October 31, 2016 would be in the best interests of the City. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 42 OF VIRGINIA BEACH, VIRGINIA: 43 44 1. That the City Council hereby authorizes the City Manager and the Zoning 45 Administrator to temporarily suspend enforcement of the Commercial Parking 46 Restriction created in the Declaration of Easements, Covenants and Commercial 47 Parking Restrictions from the date of adoption of this Resolution to October 31, 2016, so 48 long as (1) the fee charged for such commercial parking at any time is not less than the 49 fee charged for a comparable duration at the 9th Street Parking Garage, (2) the 5o Authority also agrees to suspend enforcement, and (3) the owner of the 8th Street 51 Property complies with all necessary rules and regulations and obtains all necessary 52 permits to operate a commercial parking lot; 53 54 2. That except for the temporary suspension of the Commercial Parking 55 Restriction authorized herein, all other restrictions, limitations, and terms of the 56 Declaration of Easements, Covenants and Restrictions shall continue and shall remain 57 in full force and effect; and 58 59 3. That the City Manager is hereby authorized to execute any documents 6o necessary to grant such temporary suspension as may be consistent with this 61 Resolution and acceptable to the City Manager and in a form deemed satisfactory by 62 the City Attorney. 63 64 This ordinance shall be effective from the date of its adoption. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on the 67 5th day of May 2015. CA13208 R-1 4/21115 APPROVED AS TO CO NT City n r APPROVED AS TO LEGAL SUFFI NCY City Attorney' Office ---0 u.., ..-, a.) E (1) o 4 ,W19..._ ,„.., •zr 0 Li? f 4-9 CV in 3 CL CD CN t-- < CD >+ = .4-• RS ' Cn o •zr , Z = I Ina) 94.. 0 'I ' 0 co (------- .. 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MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.cam In Reply Refer to 0054777 May 5, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution authorizing a temporary suspension of the commercial parking restriction on the property located on the former 8th Street Right-of-Way,a portion of 712 Atlantic Avenue. The property owner is Festival, LLC. 2. It appears that the property owner has a credit line deed of trust on the property with TowneBank. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- May 5, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, kw. William D. essoms Mayor WDS/RRI 3‘141A•BEA City i f Vir irzia I ;each 2 Op OURON VBgov.com JOHN E.UHRIN PHONE: (757)200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM In Reply Refer to 0054776 May 5, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution authorizing a temporary suspension of the commercial parking restriction on the property located on the former 8th Street Right-of-Way,a portion of 712 Atlantic Avenue. The property owner is Festival, LLC. 2. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. 3. The principal of Burlage Management Corporation is a former owner of the property. I am disclosing this former interest, and I will abstain from voting on this matter. Accordingly,I respectfully request that you record this declaration in the official records of City Council. 215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- May 5, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, , t✓ hn E. Uhrin Councilmember JEU/RRI -47- hem-VI-K3c/d ORDINANCES/RESOLUTIONS ITEM#64807 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE: c. Establishment of Swift Medical Transport d. An annual EMS Permit re ambulance services for Swift Medical Transport Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 5, 2015 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF SWIFT 2 MEDICAL TRANSPORT IN VIRGINIA BEACH AND TO 3 APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING 4 PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non-emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Swift Medical Transport; and 17 18 WHEREAS, this request and application has been recommended for approval by 19 the Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Swift Medical Transport for the establishment of its emergency 30 medical service in the City of Virginia Beach, and its application for an annual EMS permit 31 for providing private EMS ambulance services in the City of Virginia Beach is hereby 32 approved and granted, effective immediately and until June 30, 2015. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of 35 May , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: jergency Medical Services Cit Attorney's ie4 0 CA13348 R-1 April 20, 2015 -48- Item -VI-K.4a ORDINANCES/RESOLUTIONS ITEM#64808 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: a. $25,000 federal funding from the Virginia Department of Environmental Quality (DEQ) re Storm Water Quality Enhancements II Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 5, 2015 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FEDERAL FUNDING FROM THE 3 DEPARTMENT OF ENVIRONMENTAL QUALITY 4 TO CIP# 7-414 STORM WATER QUALITY 5 ENHANCEMENTS II 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $25,000 is hereby accepted from the U.S. Environmental Protection 11 Agency, by way of the Virginia Department of Environmental Quality, and appropriated, 12 with revenues increased accordingly, to Capital Project #7-414, "Storm Water Quality 13 Enhancement II," to provide for a portion of the costs associated with a BMP inventory 14 collection project to support the City's Total Maximum Daily Loads (TMDL) efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of May 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 Budget and Management Servic:s City ne is Office CA13351 R-1 April 22, 2015 City of Virginia Beach,Virginia Fiscal Years 2014-15 through 2019-20 Capital Improvement Program Project:7414000 (Title:Storm Water Quality Enhancements II I Status:Approved Category:Storm Water Department:Public Works Project Type Project Location Project Type: Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Funding 19,029,704 3,775,906 2,490,328 2,552,694 2,552,694 2,552,694 2,552,694 2,552,694 0 Description and Scope Storm water quality mandates are being imposed on the City for all drainage basins.While the Lynnhaven River Basin has some dedicated funding in accordance with the City Council priority,this project must address citywide water quality requirements including those associated with the Total Maximum Daily Loads(TMDL's),Green Ribbon Committee recommendations,development of Comprehensive Storm Water Management Plans and the retrofit of older City properties with Best Management Practices(BMP's). Information gathering for storm water quality implementation plans is a critical part of the City's efforts to meet it's storm water quality mandates. Purpose and Need The City is required by the Clean Water Act,through Virginia Pollutant Discharge Elimination System(VPDES)regulations,to reduce pollutants in its storm water discharges to the"maximum extent practicable."Additionally,the Federal and State regulatory agencies have developed TMDL's which assigns pollutant load allocations to reduce pollutants in impaired water bodies.The City is required to participate in the TMDL pro•ram in order to be in compliance with it's VPDES permit. History and Current Status This project first appeared in the FY 2012-13 CIP,as an ongoing project and is a continuation of project 7-183,Storm Water Quality Enhancements. In FY 2013-14,the City was awarded$365,902 in State Water Quality grants for projects in Thalia Creek and Mill Dam Creek drainage basins.These 50%/50%Grants allow the City to better utilize available funding. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Design 07/12-06/20 1,600,000 Construction 07/12-06/20 17,429,704 Total Budgetary Cost Estimate: 19,029,704 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 19,029,704 Total Funding: 19,029,704 Fiscal Year 2014-15 4-179 Quality Physical Environment -49- Item -VI-K.4b ORDINANCES/RESOLUTIONS ITEM#64809 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: b. $3,050 for the Professional Support Development Team (PSDT) re employee training Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 5, 2015 i I 1 AN ORDINANCE TO APPROPRIATE FUNDS FOR THE 2 PROFESSIONAL SUPPORT DEVELOPMENT TEAM 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $3,050 is hereby appropriated, with revenues from donations and 8 sponsorships increased accordingly, to the Professional Support and Development 9 Team within the FY2014-15 Operating Budget for its training conference and in 10 furtherance of promoting the City's quality government organization through tools and 11 resources for professional staff. Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of May 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t'49 Budget and Management Service Ci orney's Office CA13350 R-2 April 24, 2015 -50- Item -VI-K S ORDINANCES/RESOLUTIONS ITEM#64810 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $220,000 of the Sheriff's Office FY 2014-15 Budget and AUTHORIZE four(4)positions re workload demands Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 5, 2015 1 AN ORDINANCE TO TRANSFER $220,000 WITHIN THE 2 SHERIFF'S OFFICE FY 2014-15 OPERATING BUDGET 3 AND TO AUTHORIZE 4.0 PART-TIME FTES TO ADDRESS 4 WORKLOAD DEMANDS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $220,000 is hereby transferred within the FY 2014-15 Operating Budget of 10 the Sheriff's Office to provide additional part-time positions to address workload 11 demands; and 12 13 2. That the Sheriff's Office position total for FY 2014-15 is hereby increased by 4.0 14 part-time positions. Adopted by the Council of the City of Virginia Beach, Virginia on the 5 r h day of May 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: " , Budget and Management Services City Att ' Office CA13349 R-1 April 20, 2015 -51- Item-VI-L PLANNING ITEM#64811 1. CCW DEVELOPMENT ASSOCIATES,LLC CHANGE IN NON-CONFORMING USE 2. LEONARD M.LYON CHANGE IN NON-CONFORMING USE 3. ATLANTIC DEVELOPMENT ASSOCIATES, VARIANCE TO SUBDIVISION LLC/CAROLYN D. and WILLIAM D. WOOD REGULATIONS 4. THOMAS R. and JOAN G.ECKERT CONDITIONAL CHANGE OF ZONING 5.AARON HOLLEY/CONTE ACQUISITIONS CONDITIONAL USE PERMIT 6.KROGER LIMITED PARTNERSHIP II CONDITIONAL USE PERMIT TIDEWATER INVESTMENTS and CHARLIE WEAVER 7.ASSEMBLY OF YAH,INC. CONDITIONAL USE PERMIT ITEM#1 WILL BE CONSIDERED FOR WITHDRAWAL ITEM#2 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 ITEM#4 WILL BE DEFERRED TO JUNE 2, 2015 ITEM#5 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 May 5, 2015 -52- Item -VI-L PLANNING ITEM#64812 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council APPROVED, BY CONSENT, Items 1 (WITHDRAWAL), 3, 4 (DEFER TO JUNE 2, 2015), 6 and 7of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None Mayor Sessoms ABSTAINED on ITEM#3 Mayor Sessoms ABSTAINED on ITEM#6 May 5, 2015 -53- Item—VI-L.1 PLANNING ITEM#64813 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council, ALLOWED WITHDRAWAL, BY CONSENT, Application of CCW DEVELOPMENT ASSOCIATES, LLC for a change in a Non-Conforming Use re a residential condominium at 2606 Arctic Avenue and 400 27`''Street DISTRICT 6—BEACH Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 5, 2015 -54- Item -VI-L.2 PLANNING ITEM#64814 The following individuals registered to speak: Billy Garrington, 471 Southside Road, Phone: 428-4245, Representatives for the Applicant, he advised they have met with the neighbors in an effort to reach some common ground on this application. The proposed Plan is to make two additions to the primary dwelling and rotate the second dwelling. One of the key conditions of the application is that an interior stairwell must be built once moved to the new location and the outside stairs removed. The occupant to the second dwelling is the Applicant's in-laws which will not be rented out as a duplex. Ron McIntosh, 4485 Lee Avenue, spoke in opposition of this request. He is the immediate neighbor to this property and has resided there for past 32 years. All of the homes located on the 4400 Block of Lee Avenue are all zoned R-10, single family homes. The structure used to be a garage apartment and then converted to a lower level living space and an upper level living space. Jack Steward, 4464 Lee Avenue, Phone: 460-1867, resides directly across the street from the Applicant. He advised there are thirty-one (31) homes on the 4400 Block of Lee Avenue and twenty-seven of those have signed the Petition. [No copy of Petition submitted. Mr. Steward provided a list of all permits issued for the property. In 2003, the building had garage doors and the apartment was upstairs. Then, the entire downstairs was finished and converted into living space without approval of the City Council. Kenneth Lyons, 4416 Lee Avenue, Phone: 464-0352, spoke in opposition of this request. The request will allow for substantial enlargement of the secondary dwelling; thereby, making the use less appropriate to the existing non-conforming use. Should the expansion be allowed, the property could have as many as 6 or 8 automobiles. This request does not preserve or protect the overall protection of character for the neighborhood. The expansion would triple the size of living space Edward L. Senter, 2400 Seaview Avenue, Phone: 804-332-2163, spoke in opposition of this request. His family has lived in the Chesapeake Beach area since 1940's. He is opposed to the expansion of the non- conforming residence. He does not feel the property is in line with the Comprehensive Plan and would negatively impact the character of the neighborhood. Bruce Johnson, 4653 Lookout Road, Phone: 460-5447, spoke in opposition of this request. He does not object to relocating the structure to the center of the property and converting to a single-family residence. He opposes allowing its enlargement. Mark Walker, 2504 Chubb Lake Avenue, Phone: 409-9300, spoke in opposition to this request. According to the Real Estate Assessor's records from May 2010, the applicant completed a living unit on each living unit per level of the garage. However, there is no record of a permit to allow the applicant to create a third living unit on this single-family R-10 Zone Lot. Additionally, there was no variance request for the side porch. In 2015, a neighbor observed the demolition of the foundation walls of the garage structure; however, they did not have a permit. May 5, 2015 -55- Item -VI-L.2 PLANNING ITEM#64814 (Continued) Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council, APPROVED and CONDITIONED, AS REVISED, Application of LEONARD M. LYON for the enlargement and relocation of a Nonconforming Use to construct additions and relocate two (2) residences at 4481 Lee Avenue DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon LEONARD M. LYON for the enlargement and relocation of a Nonconforming Use to construct additions and relocate two (2) residences at 4481 Lee Avenue (GPIN)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. Except as provided below by Condition No. 2, the Site shall be developed in substantial conformance with the submitted Site Plan, entitled, "SURVEY/PLAN SHOWING PROPOSED BUILDING ADDITIONS AND RELOCATING BUILDING ON LOT 8A, RESUBDIVISION OF LOT 3 AND 8, BLOCK 4, AMENDED MAP CHESAPEAKE SHORES AND ADJACENT THIRTY- (30) FOOT ROADWAY (CLOSED AUGUST 14, 1961) FOR LENNY LYON AND CARRIE LYON, VIRIGNIA BEACH, VIRGINIA", dated October 16, 2014, and prepared by John E. Sirine and Associated, Ltd. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The structure on the Northern portion of the property, labeled as "1-1/2 STORY FRAME" on the Survey/Plan referenced above, labeled and referred to as "Secondary Dwelling" within the Staff Report prepared by the Department of Planning, shall be relocated as shown on the Survey/Plan. There shall however, be no enlargement of the Secondary Dwelling structure. 3. The existing exterior stairway from the ground level to the door providing access to and from the second floor of the Secondary Dwelling shall be removed. The door shall also be removed, and the exterior wall where the door was located shall be repaired such that the materials and color match that of the exterior wall of the structure. 4. An interior stairway shall be provided in the Secondary Dwelling, providing an interior connection between the ground floor and the upper floor. 5. The materials and finishes used to construct the proposed additions shall match the existing structures in quality, style and color. 6. The existing 10.2 foot by 16.2 foot shed located on the site shall be relocated to meet all applicable setback requirements for an accessory structure in the R-10 Residential District. 7. Both the Primary Dwelling and Secondary Dwelling, as identified on the Survey/Plan referenced in Conditions 1 and 2, shall be for single-family use only. May 5, 2015 -56- Item -VI-L.2 PLANNING ITEM#64814 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of May, Two Thousand Fifteen. Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 5, 2015 1 REVISED VERSION 2 3 A RESOLUTION AUTHORIZING THE ENLARGEMENT 4 AND RELOCATION OF A NONCONFORMING USE ON 5 PROPERTY LOCATED AT 4481 LEE AVENUE 6 7 WHEREAS, Leonard M. Lyon, (hereinafter the "Applicant") has made application 8 to the City Council for authorization to enlarge and relocate a nonconforming use 9 located at 4481 Lee Avenue in the R-10 Residential Zoning District by constructing 10 additions to two nonconforming single-family dwellings and relocating one of the single- 11 family dwellings to a new position on the lot; and 12 13 WHEREAS, this lot currently contains two single-family dwellings, which is not 14 currently allowed in the R-10 Residential Zoning District; and 15 16 WHEREAS, the dwellings were built prior to the adoption of the applicable zoning 17 regulations and are therefore nonconforming; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement and relocation of a nonconforming use is unlawful in the absence of a 21 resolution of the City Council authorizing such action upon a finding that the proposed 22 use, as enlarged and relocated, will be equally appropriate or more appropriate to the 23 zoning district than is the existing use; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use of the lot, as enlarged 29 and relocated, will be equally appropriate to the district as is the existing nonconforming 30 use under the conditions of approval set forth herein below. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement and relocation of the nonconforming use is hereby 36 authorized, upon the following conditions: 37 38 1. Except as provided below by Condition 2, the site shall be developed in 39 substantial conformance with the submitted Site Plan, entitled, "SURVEY / 40 PLAN SHOWING PROPOSED BUILDING ADDITIONS AND 41 RELOCATING BUILDING ON LOT 8A, RESUBDIVISION OF LOT 3 AND 42 8, BLOCK 4, AMENDED MAP CHESAPEAKE SHORES AND ADJACENT 43 30 FOOT ROADWAY (CLOSED AUGUST 14, 1961) FOR LENNY LYON 44 AND CARRIE LYON, VIRIGNIA BEACH, VIRGINIA", dated October 16, 45 2014, and prepared by John E. Sirine and Associated, Ltd. Said Plan has 46 been exhibited to the City Council and is on file in the City of Virginia 47 Beach Planning Department. 48 49 2. The structure on the northern portion of the property, labeled as "1 1/2 50 STORY FRAME" on the survey / plan referenced above, and labeled and 51 referred to as "Secondary Dwelling" within the staff report prepared by the 52 Department of Planning, shall be relocated as shown on the survey / plan. 53 There shall be, however, no enlargement of the Secondary Dwelling 54 structure. 55 56 3. The existing exterior stairway from the ground level to the door providing 57 access to and from the second floor of the Secondary Dwelling shall be 58 removed. The door shall also be removed, and the exterior wall where the 59 door was located shall be repaired such that the materials and color match 60 that of the exterior wall of the structure. 61 62 4. An interior stairway shall be provided in the Secondary Dwelling, providing 63 an interior connection between the ground floor and the upper floor. 64 65 5. The materials and finishes used to construct the proposed additions shall 66 match the existing structures in quality, style, and color. 67 68 6. The existing 10.2-foot by 16.2-foot shed located on the site shall be 69 relocated to meet all applicable setback requirements for an accessory 70 structure in the R-10 Residential District. 71 72 7. Both the Primary Dwelling and Secondary Dwelling, as identified on the 73 survey / plan referenced in Conditions 1 and 2, shall be for single-family 74 use only. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of May, 2015. APPROVED AS TO LEGAL SUFFICIENCY: Cit '7 ttorney's Office CA13263 R-2cc May 7, 2015 2 _, ,) , t:----1- -_t__-_::. : .1:77___I. .„. ,r.spyfill:flitif;e4r14 os 03 i 6141 xi 3. i 1 .1 r".=-4, --If ----) A •-------I :7 r-- Itir -1'2:—0:1 Cii cp s co- k n 1 IL g $:, a a — _42 Ai, ,----- , ,....._ ii ,..—.7. \ -:?•;„...„.._ , r... ,-.1 ;t.,_i',. ,.,, ',-, - -'--------ii_ i;--- r-z- -t, L- i i "11 r, r! 'r-', ,-, ;, ,. ., , .1 ..4‘1:71- •••, - :1 ;.1 ' ' ) - "--:' ( '-- ..1.*‘‘‘.11,ek,,, -----) '' .,.1 ), • , 4 rrir., r,.. -: .., ., ) ii\kk...\...k‘OstV---,Nitisib.„..416., ,- ';11 - ,,,,,,,\,_ N tf----„ ..N•Nk...,!, /II ._. ', '----. -------_ ,-7,1 ------ - i-I 0 ' a, i-.' rc-7 i .c, , 1,-/-ii ii_.---; f---i 77 ---) /- .„/ „ .., ',--', 6 ',,_,, ..,_.' ',,,), ',„; ',--• -, , 6 .„ ' • L_____ i N ' ..- , till , ,... _. ,, ,...... . ., „ „ ,, „.„„, ,, . • , ,--. 4. t----, ..).. . ,„ ;.. . ., , ',.; , ,, ,,._, ,, ,, \ 4t•-.3 i - -s.' 2111, , , ,; ,., , • - ,, ', ,', ,, ',--; ,-; ",• , 7 ''' - Cl 01%11111111 cr. __ '._ ..J ,-, . k ,,-: ',.., ,--,„-; ,2, ,-..:• ,-, -_-', 1„, ...0 _::::---....__ ..: 1 1 j • (T) , .,, ,, , - ,_ -, •._ ,, •- ,, ' ):* ', '' r' '' 11111 .--*--:" ,111 :1:a:7:I . 'IC§ r - r; r, r• 'r - ------------'^- /L' Z . -.- l' -'-'\ :,..:1 'i 0 L _.„ i.....0 -57- Item -VI-L.3 PLANNING ITEM#64815 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of ATLANTIC DEVELOPMENT ASSOCIATES, LLC/CAROLYN D. and WILLIAM D. WOOD re Variance to the Subdivision Regulations re a corner lot at 407 53rd Street DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon ATLANTIC DEVELOPMENT ASSOCIATES, LLC/CAROLYN D. and WILLIAM D. WOOD re Variance to the Subdivision Regulations re a corner lot at 407 53rd Street (GPIN 2418791490)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. Each lot(J-1 and J-2)shall be developed only for single-family dwellings. 2. The houses to be constructed on the lots shall substantially adhere to the submitted Architectural Renderings, entitled `ARCHITECTURAL RENDERINGS OF PROPOSED HOUSES FOR LOTS J-1 AND J-2, 407 53RD STREET, APRIL 2015, "which are included in the Staff Report on page nine (9). 3. The property shall be subdivided substantially as shown on the submitted Site Plan entitled, "IMPROVEMENT PLAN v2, " as prepared by WPL dated 10/28/2015. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of May, Two Thousand Fifteen. May 5, 2015 i I -58- Item -VI-L.3 PLANNING ITEM#64815 (Continued) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None May 5, 2015 Un Ci. ity of Virginia Seachh 9419 OF 3 ,S of OUR NAS`°N VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms©vbgov.com In Reply Refer to 0054781 May 5, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Atlantic Development Associates, LLC for a variance to subdivision regulations for property located at 407 53rd Street and owned by Carolyn D. and William D. Wood. 2. The applicant has disclosed that TowneBank has provided financing with respect to the property. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- May 5, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, / //1 William D. essoms Mayor WDS/RRI -59- Item -VI-L.4 PLANNING ITEM#64816 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council, DEFERRED TO JUNE 2, 2015, BY CONSENT, Application of THOMAS R. and JOAN G. ECKERT for a Conditional Change of Zoning from R-7.5 Residential to Conditional PD-H2 Planned Development, R-5D Residential and Conditional B-1A Business re office and residential use at 4444 Shore Drive DISTRICT 4—BAYSIDE Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 5, 2015 -60- Item -VI-L.5 PLANNING ITEM#64817 The following individual registered to speak: Barbara Messner spoke in opposition to the opening and operation of this Brewery and other Breweries in the area. The State requires this type of business be located in "industrial locations"and none of them are located in such locations. This is unfair competition for neighboring bars and restaurants that have normal liquor license. The Backbay Brewery recently opened in the same area and they advertise live entertainment. Upon motion by John E. Uhrin, seconded by Councilman Moss, City Council, APPROVED and CONDITIONED, Application of AARON HOLLEY/CONTE ACQUISITIONS for a Conditional Use Permit re a Craft Brewery at 1805 Laskin Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon AARON HOLLEY/CONTE ACQUISITIONS for a Conditional Use Permit re a Craft Brewery at 1805 Laskin Road (GPIN 2407683131)DISTRICT 6—BEACH The following conditions shall be required: 1. Bicycle racks shall be added directly adjacent to the Building Suite containing the Wasserhund Brewing Company. The bicycle racks shall provide enough space to accommodate a minimum of ten (10) bicycles. 2 Any on-site signage for the Brewery shall meet the requirements of the City Zoning Ordinance (CZO). A permit shall be obtained from the Planning Department for the installation of any signage This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of May, Two Thousand Fifteen. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin • Council Members Absent: None May 5, 2015 -61- Item-VI-L.6 PLANNING ITEM#64818 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of KROGER LIMITED PARTNERSHIP I/TIDEWATER INVESTMENTS and CHARLIE WEAVER for a Conditional Use Permit re a service station at 5285 Providence Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon KROGER LIMITED PARTNERSHIP I/TIDEWATER INVESTMENTS and CHARLIE WEAVER for a Conditional Use Permit re a service station at 5285 Providence Road (GPIN 1466448213)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. The Site shall be developed substantially in conformance with the submitted Site Plan entitled "CONDITIONAL USE SITE PLAN, FUEL CENTER @ STORE R-537, " dated January 22, 2015, and prepared by Robertson Loia Roof Architects and Engineers. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The building(sales kiosk) and fuel canopy shall be developed substantially in conformance with the submitted elevation drawings entitled "Virginia Beach, VA, Kroger Fuel Center R-537, " dated January 29, 2015. Said drawing has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 3. Except where modifications are necessary to meet the requirements of the City Landscape Design Guidelines, the plant materials shall be installed in substantial conformance with the Site Plan identified in Condition No. One (1). 4. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted drawing entitled "KROGER 537 FUEL CENTER, 5237 Providence Road, Virginia Beach, VA", prepared by Artlite Signs & Awnings. The applicant may advertise fuel prices using electronic display panels consistent with the regulations of Section 217 of the City Zoning Ordinance. 5. All on-site signage shall meet the requirements and regulations of the City Zoning Ordinance (CZO). A permit shall be obtained for all signage from the Zoning Office of the Planning Department. Signage for the Site shall be as follows: a. Directional signs. b. One (1) monument-style freestanding sign, as provided for by Condition Four(4). c. Two (2) building signs, two (2) canopy signs, oia one (1) sign each on the canopy and building. Any sign installed on the rear and side canopy, as depicted on the elevation drawing identified in Condition two (2) may display fuel prices; however,per Section 217 of the Zoning Ordinance, the fuel prices shall not be electronic displays. May 5, 2015 -62- Item -VI-L.6 PLANNING ITEM#64818 (Continued) d. Striping on the canopy shall be limited to ten (10)feet on each side of the canopy or one-quarter of the length of each side. e. There shall be no signs other than allowed above, 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. 6. The outdoor Vending Machine currently located along the Southern (rear) property line shall be screened using a solid fence, no shorter than six (6) feet in height, constructed of high quality building material and of a color to match or complement the sales kiosk. 7. Any Vacuum or Air Pump Machines shall be screened with Evergreen Plants of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of May, Two Thousand Fifteen. Voting.• 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None May 5, 2015 cOIA•BE4c 8c: 46 u City of Virginia Beach C. Vtf ar OF OUR NAS\ON'S VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 In Reply Refer to 0054782 wsessoms@vbgov.com May 5, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Kroger Limited Partnership I for a Conditional Use Permit for property located at 5282 Providence Road and owned by Tidewater Investments, LLC (Charles Weaver). 2. The applicant has disclosed that TowneBank has provided financing with respect to the property. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- May 5, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, illiam D. Sessoms Mayor WDS/RRI -63- Item-VI-L.7 PLANNING ITEM#64819 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council, APPROVED, BY CONSENT, Application of ASSEMBLY OF YAH,INC.for a Conditional Use Permit to enlarge the church building re a Religious Use at 5151 Locke Lane DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon ASSEMBLY OF YAH, INC. for a Conditional Use Permit to enlarge the church building re a Religious Use at 5151 Locke Lane (GPIN 1466659271)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. When developed, the Site shall be in substantial accordance with the Site Plan entitled, "SITE LAYOUT PLAN AND BUILDING ELEVATIONS ADDITION TO THE ASSEMBLY of YAH HOUSE of WORSHIP, 5151 LOCKE LANE, VIRGINIA BEACH, VA," dated August 29, 2014, and prepared by Verebely &Associates, Architects. Said Plan has been exhibited to the City Council and is on file in the Planning Department. 2. When developed, the building addition shall be in substantial accordance with the submitted Building Elevation entitled, "SITE LAYOUT PLAN AND BUILDING ELEVATIONS ADDITION TO THE ASSEMBLY of YAH HOUSE of WORSHIP, 5151 LOCKE LANE, VIRGINIA BEACH, VA, " dated August 29, 2014, and prepared by Verebely &Associates, Architects. Said elevation has been exhibited to the City Council and is on file in the Planning Department. 3. When developed, the exterior of the building addition shall be finished using the materials as identified on the submitted elevation entitled, "SITE LAYOUT PLAN AND BUILDING ELEVATIONS ADDITION TO THE ASSEMBLY of YAH HOUSE of WORSHIP, 5151 LOCKE LANE, VIRGINIA BEACH, VA," dated August 29, 2014, and prepared by Verebely & Associates, Architects. The front (North facing)façade shall be brick veneer to match the existing church building. The side and rear facades shall be Hardieplank®fiber-cement siding. 4. A Development Site Plan depicting the improvements enumerated in the conditions below as well as the requirements of City ordinances and standards shall be submitted to the Planning Department / Development Services Division for review and approval prior to the issuance of any permits. 5. The existing gravel parking area located between the church building and Kempsville Road shall be paved and striped to meet all City regulations applicable to parking lots. 6. A minimum of seventy-five (75) square feet of planted area shall be installed around the existing freestanding sign adjacent to Kempsville Road. The plant materials shall be consistent with and be installed in conformance with the requirements of the City Landscaping Guide. May 5, 2015 -64- Item-VI-L.7 PLANNING ITEM#64819 (Continued) 7. The privacy fence as shown on the submitted Site Plan shall conform to the requirements of Section 201 (e) of the Zoning Ordinance. Chain-link fencing shall not be permitted. A permit for the fencing shall be obtained from the Planning Department/Permits&Inspections Division prior to installation. 8. The applicant shall make improvements to the right-of-way (Locke Lane) as required by the Department of Public Works, including, but not limited to: the installation of curb and gutter along the entire frontage of the sites on Locke Lane, and the installation of a sidewalk in the right-of-way along the entire frontage of Locke Lane. All improvements shall be reviewed by the Development Services Center and the Department of Public Works and shall meet all City standards. 9. No Certificate of Occupancy shall be issued until a Subdivision Plat vacating the interior lot line has been submitted to and approved by the Development Services Center and recorded with the Clerk of the Court. 10. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits & Inspections Division and the Fire Department. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of May, Two Thousand Fifteen. Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 5, 2015 -65- ITEM VI-M APPOINTMENTS ITEM#64820 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS—New Construction COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 5, 2015 -66- ITEM VI-M APPOINTMENTS ITEM#64821 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JADE COPELAND,Student Bayside High School Two year term 07/01/2015—08/31/2016 PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None May 5, 2015 -67- ITEM VI-M APPOINTMENTS ITEM#64822 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: B.J. BAUMAN Unexpired term thru 12/31/2016 Plus three years to 12/31/2019 RESORT ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None May 5, 2015 -68- ITEM VI-M APPOINTMENTS ITEM#64823 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: OLYMPHIA A. PERKINS, DIRECTOR—COURT SERVICES Unexpired term thru 06/30/2018 TIDEWATER YOUTH SERVICES COMMISSION Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None May 5, 2015 -69- Item-VI-P ADJOURNMENT ITEM#64824 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 9:51 P.M. agate. ) 4,1 6." Ar!t, Finley-Bayne , MC Chief Deputy City Cle uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia May 5, 2015 -70- PUBLIC DIALOGUE There being no speakers, the Mayor Closed the Open Dialogue. May 5, 2015