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HomeMy WebLinkAboutDECEMBER 1, 2015 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCILG1N�4BMc MAYOR WILLIAM D.SESSOMS,JR.,At-Large 14 � '" i • VICE MAYOR LOUIS R.JONES,Bayside-District 4 4 M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District IV.: „ 1j r.;) BARBARA M.HENLEY,Princess Anne—District 7 SHANNON DS KANE,Rose Hall—District 3a ?ts�: •- • JOHN D.MOSS,At Large s . _'_ • woo AMELIA ROSS-HAMMOND,Kenrpsville-District 2 s OF.OUR " JOHN E.UHRIN,Beach—District 6 ROSEMARY WILSON,At-Large CITY HALL BUILDING JAMES L. WOOD,Lynnhaven-District 5 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE 303 FAX(757) CITYATTPHONE:(757)385-4 ORNEY—MARK D.STILES CITY COUNCIL AGENDA 385-4303 CITY ASSESSOR—JERALD D.BANAGAN E-MAIL:Crycncl 385-5669 CITY AUDITOR—LYNDONS.REMIAS 1 December 2015 v.com CITY CLERK—RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFINGS - Conference Room- 4:00 PM A. VBHomeNow Pastor Ray Bjorkman, Chairman Linwood Branch,Vice Chairman B. GREEN RIBBON COMMITTEE Clay Bernick, Administrator- Environment and Sustainability Wayne McCoy, Founder and President- Mid-Atlantic Environmental, LLC Karen Forget, Executive Director- Lynnhaven River NOW II. CITY MANAGER'S BRIEFINGS A. CULTURAL ARTS PLAN 2030 Emily Labows, Director—Office of Cultural Affairs Duncan Webb, President, Webb Management Services, Inc. III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:30 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 Tyrone L. Johnson, Pastor New Oak Grove Missionary 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 November 17, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC COMMENT 1. TOWN CENTER PHASE VI 2. OLD BEACH VILLAGE 3. ARENA PROJECT I. PUBLIC HEARINGS 1. SALE OF EXCESS PROPERTY Princess Anne Road and Winterberry Lane 2. TRANSFER of PROPERTY Land and Improvements on 19th Street to VBDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code to comply with the Virginia Code and to ADJUST the descriptions and authorizations of the Departments of Emergency Medical Services and Fire to more accurately depict their operations 2. Resolution to AUTHORIZE a Non-binding Term Sheet re Town Center Phase VI, REQUEST approval by the Virginia Beach Development Authority and AUTHORIZE supplemental project documents re a mixed-use development by Town Center Associates, LLC 3. Ordinance to DECLARE land at Princess Anne Road and Winterberry Lane to be EXCESS and AUTHORIZE execution of the necessary documents for conveyance to YNOT,LLC 4. Ordinance to AUTHORIZE a temporary encroachment into City-owned property on Central Park Avenue to TCA Block 4 Retail,LLC,re a balcony and other improvements DISTRICT 4—BAYSIDE 5. Ordinance to ALLOW a six (6) month extension to satisfy conditions of a previously approved closure of Circle Lane as requested by Thomas C. and Lisa D. McKee 6. Ordinances to REAPPROPRIATE and TRANSFER School Funding: a. $12,894,051 in FY-2014-2015 Reversion Funds • $ 1,600,000 to Risk Management • $ 8,299,318 re anticipated shortfalls • $ 2,994,733 to the Reserve Special Revenue Fund: o $1,600,000 for fleet replacements o $ 808,812 to Technology o $ 285,921 for white fleet replacements o $ 300,000 for SOL improvements b. $1,776,265 within the FY 2015-2016 Schools Budget • $ 7,309 to Transportation • $ 7,964 to Maintenance • $ 497,572 toTechnology • $ 22,500 to Instruction • $ 7,170 toTechnology • $ 253,871 toTechnology • $ 896,879 to Technology • $ 8,000 to Instruction • $ 75,000 to Administration $367,094 within the FY 2015-2016 Green Run Collegiate Charter School Fund • $ 12,000 to Technology • $140,966 to Instruction • $ 9,000 to Administration • $189,128 to Transporation • $ 16,000 to Technology K. PLANNING 1. CHRISTINE WERNE and PEMBROKE OFFICE PARK,LP for Modification of Conditions of a Conditional Use Permit re expansion of a Vocational School (approved January 22, 2013) at 281 Independence Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. BJ'S WHOLESALE CLUB and BIRCHWOOD MALL ASSOCIATES ETC for Modification of Condition No. 4 of a Conditional Use Permit re an Auto Service Station (approved June 26, 2001) to allow electronic display of fuel prices at 3712 Virginia Beach Boulevard DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. ROBERT McNICHOLS and REVEREND FRANCIS X. LORENZO, BISHOP OF RICHMOND for Modification of Conditions of a Conditional Use Permit re Housing for Seniors (Marion Manor) (approved February 22, 1994) to add a Chapel at 5345 Marian Lane DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. PORPOISE,LLC and LESLIE G. SHAW,JR. for renewal of a Conditional Use Permit re a skate park at 1905 Cypress Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. BAYSIDE CONCRETE, INC and BRUCE H. GOULD for a Conditional Use Permit re a Bulk Storage Yard at 408 Davis Street DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 6. SHELA MARIE BOLLENBACHER for a Conditional Use Permit re a Home Daycare at 2492 Seven Kings Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 7. YNOT, LLC and CITY OF VIRGINIA BEACH re a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business re a restaurant at Princess Anne and Winterberry Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 8. Street Closures, re portions of the unimproved rights-of-way of Holly Road at 48th Street: DISTRICT 6—BEACH a. HOLLY ROAD, LLC b. DR.JACK SIEGEL and LISA A. BERTINI RECOMMENDATION: APPROVAL 9. AMEND Section 801 of the City Zoning Ordinance (CZO) re Farm Stands RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL COMMUNITY SERVICES BOARD—CSB HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATIONART—TRUSTEES M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 ****************************** 12/1/15 st 2015 CITY COUNCIL MEETINGS December 8, 2015 Informal/Formal Sessions City Council Vacation December 9-January 4, 2016 2015 CITY HOLIDAYS Thursday,December 24 Christmas Eve (half-day) Friday,December 25 Christmas Day Friday, January 1 New Year's Day CITY COUNCIL WINTER RETREAT Economic Development Conference Room 4525 Main Street, Suite 700, Town Center February 4-5, 2016 8:30 AM to 5:00 PM -1- ,Aty1A B r '1,, 1efr Q� CU , VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 1, 2015 Mayor William D. Sessoms, Jr., called to order the City Council's Briefings in the City Council Conference Room, Tuesday, December 1, 2015, at 4:00 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., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 1, 2015 -2- MAYOR'S STATEMENT INTERVIEWING FOR CITY MANAGER POSITION ITEM#65447 4:00 P.M. Mayor Sessoms read the following statement, prepared by the City Attorney, to allow City Council to recess to a Closed Session in order to interview candidates for the City Manager's position on: Wednesday,December 2,2015 @ 1-5:00 P.M. Friday,December 4, 2015 @ 2-5:00 P.M. Monday,December 7, 2015 @ 1-4:00 P.M.. In accordance with Virginia Code Section 2.2-3712(B), City Council will hold a closed session meeting at an undisclosed location within the next 15 days for the purpose of interviewing candidates for the position of City Manager. No votes will be taken, other than the votes to convene and certify the Closed Sessions. Any vote to appoint a candidate to the positon of City Manager will occur at a subsequent Public Meeting,for which public notice will be provided in accordance with the provisions of the Virginia Freedom of Information Act. Mayor Sessoms did clam the Certification of the Closed Sessions will not take place until the next Formal Session of City Council, scheduled for December 8, 2015. December 1, 2015 -3- CITY COU 'S IEFINGS VBHomeNCILNow ITEM#6544BR8 4:02 P.M. Mayor Sessoms welcomed Pastor Ray Bjorkman and Linwood Branch, Chairman and Vice Chairman of VBHomeNow. Pastor Bjorkman expressed his appreciation to City Council for their continued support. Today's presentation is to provide an update on the fundraising efforts and the naming rights for the Housing Resource Center: ° c tin !.� .ra, ..,w , iG, .g.: ill' ! =G jt • About • Council's Strategic Plan and Key Players ► Our fundraising plans Naming rights for the Housing Resource Center . Your questions and suggestions December 1, 2015 I I -4- CITY COUNCIL'S BRIEFINGS VBHomeNow ITEM#65448 (Continued) The foundation established initially to assist Mayor Sessoms in raising: $1 million to support and enhance the Housing Resource Center . Ongoing support for our community's effort to end homelessness Below are the Board Members: Ray Bjorkman,Chair John Olivieri Lead Pastor,Beach Fellowship Church President,Associated Development Linwood 0.Branch,III,Vice Chair Steve Kelly General Manager&Owner,Days Inn at the Beach Senior Pastor,Wave Church Deborah Baisden,Treasurer We welcome more board Licensed Realtor,Towne Realty members? President,Virginia Association of Realtors December 1, 2015 -5- CITY CO 'SBRIEFINGS UNCILVBHomeNoBRw ITEM#65448 (Continued) The Mission of the Foundation is "To mobilize the community to help the neediest amount us". JAI F 4v a ,� .i a J`i 2 ro � 71 The Foundation is committed to end homelessness: Our community, through faith and nonprofit organizations, began helping the homeless in the early 1980's. The City has helped fund efforts of nonprofits since 1984.Our community effort is a tapestry of city, faith and nonprofit organizations working together. . i___.1' : '''''--- ''-,,-: ----------"''''',':,1':11' it iii December 1, 2015 -6- CITY COUNCIL'S BRIEFINGS VBHomeNow ITEM#65448 (Continued) Beach Community Partnership was formed six (6)years ago in an effort to promote collaboration among Faith based communities to work together with the City and nonprofits to more effectively address homelessness: The BEACH Community Partnership formed in 2009 as part of a groundswell of collaboration among faith communities and a renewed commitment to working together with the city, nonprofits and each other more effectively to address homelessness. In six short years citywide awareness, involvement, education, and efficiencies have significantly been enhanced—ultimately, leading to the recommendation �7`-A(,,iff of the Housing Resource Center as our city's [� centerpiece to achieve pro-active results. Currently,BEACH has .30 different organizations participating regularly. Beach Community Partnership became the umbrella that addresses Homelessness. VBHomeNow was established this year to provide support for this community-wide effort, beginning with the Housing Resource Center: In 2014, BEACH was enhanced,adding the new Governing Board as the decision-making body to meet U.S. Department of Housing and Urban Development (HUD) requirements. City Council has recognized BEACH as its advisory body on homelessness. December 1, 2015 -7- CITY COUNCIL'S BRIEFINGS VBHomeNow ITEM#65448 (Continued) Ra,Se,?nd diAribbte COr,Sde'ana'-ake'aCtCr nrecord,,t,ddatIon5 'nvok`e'''ent Cf;d:er.C.,11;1'pTaurt;e,at'uon fu tEms and prtorde5 and pri.t..0,ad ,derdriled b‘i primitles repldIng ftle Cry Go-le,the Co-Etimpdlt ,C•ar praCe}s A few 'hundred thousand dollars has been raised to-date and the naming rights for the Housing Resource Center and portions thereof will be a key fundraising incentive: • Fundraising luncheons held in 2014 and 2015 • Donations received from faith congregations • Development of marketing and fundraising materials underway • Applying to the Hampton Roads Community Foundation • Plan to approach major donors We believe naming rights for the Housing Resource Center and portions thereof will be a key fundraising incentive. December 1, 2015 -8- CITY COUNCIL'S BRIEFINGS VBHomeNow ITEM#65448 (Continued) Vice-Chairman and former Council Member Linwood Branch advised the fundraising effort will be a "marathon"as this is a different type of effort. The Board recommends these donation levels: PROPOSAL FOR GIVING LEVELS 07,7 - - _ - „ S1 million Narrqng of facihry and signage $S00,000-S750,000 Naming ot major areas/wingstNn bailding $11K1000-$250,000 Naming of courtyards $50,000-$75,000 Naming of$r)aller areas wantr,bum ding $10,000-S25,000 Plagues on in \hot,,a Other gifts Plagues on equipment,navera,ben.hes,etc We seek your informal approval to move forward with offering nrights forthe Housing Resource Center based on the arnnginformationipresented. • December 1, 2015 -9- CITY COUNCIL'S BRIEFINGS VBHo`rteNow ITEM#65448 (Continued) Below are renderings of the proposed Housing Resource Center: _ ---‘,--.4„.1, -- - w e rL,_-6-,,q,...Hak r Nby yy'F a� � 1,h i' _ --i "' i� ..� .a it " ....��*i ,:'-...-77:L7,-,- 'TIT'-kr--÷-7 ,„..-- 10111"_ mil- 4 ft fott t 6,- llit r -7— j, '''. 0,0 4 711, RI _..,... --„, ...., - �� t x 441 t 11111111 -4 ' ia l .1 r ,,, w it.des: i yft '''''.".4 K.` G•s- ._ t lyi {_�„ 4 w, # . - i `mow -- n ,_ .. „, . , ______--- ,,...., , .... , _...... .,, _.„..„..,„ ,..,: , , .....„ ,,.„,..4„....... , p' Ira b IL ' G' E _., ;-' 'fie _... December 1, 2015 -10- CITY COUNCIL'S BRIEFINGS VBHorneNow ITEM#65448 (Continued) =s tfi �r is Mayor Sessoms expressed his appreciation to Pastor Bjorkman, Mr. Branch and the entire Board for their work. Mayor Sessoms asked for any objections of City Council to move forward with the proposed "Giving Levels". Councilman Moss objected stating he would like to know more about it. Mayor Sessoms noting Councilman Moss' objection, instructed Pastor Bjorkman and Mr. Branch to move forward with those amounts in their fundraising efforts. December 1, 2015 -11- CITY COUNCIL'S BRIEFINGS GREEN RIBBON COMMITTEE ITEM#65449 4:15 P.M. Mayor Sessoms welcomed Clay Bernick, Administrator—Environment and Sustainability, Wayne McCoy and Karen Forget, Co-Chairs—Green Ribbon Committee. Mr. McCoy expressed his appreciation to City Council for their continued support: GREEN RIBBON COMMITTEE City Council Briefing December 1, 2015 -71 Below is the History of the Committee: HISTORY • First Committee(July 2006-June 2007)-appointed to help improve water quality by reducing impacts of development, preserve and enhance natural resources,and integrating stormwater management improvements into current processes; recommendations to City Council November 2007 • Second Committee(December 2007-December 2010)— initial implementation of recommendations from 2007 report • Third Committee(2012-present)—appointed in response to changes in regulatory environment at Federal and State level December 1, 2015 -12- CITY COUNCIL'S BRIEFINGS GREEN RIBBON COMMITTEE ITEM#65449 (Continued) Below is the Mission of the Committee: GREEN RIBBON COMMITTEE MISSION • Provide recommendations to City Council on matters related to improvement of water quality in the City's waterways • Monitor the implementation of TMDL requirements of EPA and DEQ • Oversee public involvement in the development of new water quality ordinances • Establish and oversee public outreach and educational programs related to water quality • Monitor and advise City Council regarding comprehensive water quality treatment efforts on both public and private properties • Work toward the goal of establishing the City as a model for excellence in water quality initiatives \, Below are the City's Current Challenges the Committee is working to address: CURRENT CHALLENGES • TMDLs—Chesapeake Bay Watershed; other City Watersheds • New Stormwater Regulations and Program Implementation • New Stormwater Permit (MS4) • Development of Master Stormwater Plan • Multiple Outcomes with Sea Level Rise/Recurrent Flooding Opportunities December 1, 2015 -13- CITY COUNCIL'S BRIEFINGS GREEN RIBBON COMMITTEE ITEM#65449 (Continued) Below is the structure of the Committee: COMMITTEE STRUCTURE • Chair • Vice-Chair • Three Subcommittees: — Education —Incentives —Outreach Karen Forget, Co-Chair, advised the "nifty gritty work" really gets done in the Subcommittees. The Education Subcommittee is working on a Lake Owners'Manual for neighborhoods with lakes: TEE EDUCATION SUBCOMMIT as Y�-::. Wk5 '�r: Lake Owners ' Manual December 1, 2015 -14- CITY COUNCIL'S BRIEFINGS GREEN RIBBON COMMITTEE ITEM#65449 (Continued) Below are examples of incentives the City could offer: INCENTIVES SUBCOMMITTEE • Stormwater Incentive Program for Commercial Properties • Stormwater Design Competition for • Central Beach Aream The Policy Subcommittee is reviewing the 2007 recommendations for implementation as well as addressing the concerns regarding oil and gas drilling off the coast. POLICY SUBCOMMITTEE • Reviewing 2007 Recommendations for Implementation • Letter n regardingofCooil andcerns gas drilling off the coast of Virginia December 1, 2015 II -15- CITY COUNCIL'S BRIEFINGS GREEN RIBBON COMMITTEE ITEM#65449 (Continued) Below is the Membership and Liaisons listing: MEMBERSHIP & LIAISONS • Committee Membership • City Council Liaisons — Billy Almond — Barbara Henley — Bob Miller — Jim Wood — Chris Ludford • City Staff Liaisons — Christy Everett — Cheryl Cole — Eddie Bourdon — Clay Bernick — Emily Steinhilber — Melanie Coffey — Jason Barney — Kay Wilson — Jeanne Evans-Cox — Tim Cole — John Oliveri — Josh Clark — June Barrett-McDaniels — Karen Forget — Ken Jobe ,r i — Wayne McCoy Below are the goals for 2016: 2016 GOALS • Lake Owner's Manual • Stormwater Incentive Program for Commercial Properties • Stormwater Design Competition for Central Beach Area • Reviewing 2007 Recommendations for Implementation December 1, 2015 -16- CITY COUNCIL'S BRIEFINGS GREEN RIBBON COMMITTEE ITEM#65449 (Continued) QUESTIONS Mayor Sessoms expressed his appreciation to Mr. McCoy, Ms. Forget and the entire Committee for the valuable work they so willingly perform. December 1, 2015 -17- CITY MANAGER'S BRIEFINGS CULTURAL ARTS PLAN 2030 ITEM#65450 4:37P.M. Mayor Sessoms welcomed Emily Labows, Director — Office of Cultural Affairs and Duncan Webb, President — Webb Management Services, Inc. Ms. Labows expressed her appreciation to City Council for their continued support: 41, ` ,!) A 14 2 .30 City Council Briefing December 1,2015 Emily S.Labows,Cultural Affairs Duncan M.Webb,Webb Management Consultants Below is an Overview of this presentation: PRESENTATION OVERVIEW • Overview of Arts Plan 2030 • Public Engagement Process • Arts Plan 2030 Goals • Strategies • Path Forward • Discussion December 1, 2015 -18- CITY MANAGER'S BRIEFINGS CULTURAL ARTS PLAN 2030 ITEM#65450 (Continued) The goal is to m _ NBA E3EACH Strategic vision for arts,culture and creativity in Virginia Beach for next 154:vown lift the fabik-of the °integmajorro gam.dog� years , Call to Action to city agencies,cultural Ay e medicc°c institutions, businesses,civic leaders, ned ame ba�,-Wh with community based organizations and mext,these physiev residents to make this collective vision a reality urban place,one that resurgenceetvWng f rel k ' Mr. Webb advised the ARTS PLAN 2030 was developed over the timeline and public participation below: ARTS PLAN 2030 TIMELINE AND PUBLIC PARTICIPATION AUGUST 2014 Preliminary Planning APRIL 2015-DECEMBER 2015 •Establ-sh Arts Plan 2030 Working Group Cultural Planning:Develop •identity Stakeholders community-wide priorities •Evaluation and feedback from stakeholders SEPTEMBER 214-MARCH 2015 through targeted meetings to discuss and Cultural Assessment:Identify resources,critical refine key opportunities and priorities needs,and opportunities to further the arts in Virginia Beach JANUARY 2016&BEYOND Interviews with 114 community Implementation:Prioritize strategies ••3 community forums:Over 125 participants •Create implementation plan •8 Stakeholders Meetings •Evaluation and feedback •Community web based up/ay 284 responses •Web-based engagement through Virtual bwn_Hall Website received 465 v-sitQors who engaged in 254 on-Ime responses •Market Analysis r ±pt #W• v 2. ' • • December 1, 2015 1 ' 1 -19- CITY—uANAGAE RRT'SSBPRLAIENF2IN03G0S CULTURAL ITEM#65450 (Continued) Below are the three (3)guiding principles that shape the proposed Plan: UNITY 1[4 CULTURA -RIR THE ARTS IN commL Guiding principles Regonak...pasft.'ning 11,717: nrrcsftrr o, & 4,4,1.,,,,:1;044.00,,,,,,,,,_,,,,,,,, • Ainlivciurgltiunri:18deeavcehlosphmouelndtriensvpestmenttsh !....2 Tourism,dte:yvel07,47n144.,...gg.,:i.t4,I,Irwi,.,ti,,,t::,r;:,lt...i:.E to needs observed in the cultounradlbo v,L5: mi Ems::7::wo r kr f o r..1,n, l'lll -,I4aF,...7'-',-:,0..: :: Iml!:irt! dcoemvemioupnmityenatniscIstuoesla.rger community d tronsPortat'an ' •,.g.t!T,,, if===1,4T, '— P•lthozbood develoP. ......„.,.... :;o • eaThevnodlvCoeuittytso'sidfareocolielfititanhteea rtccosullatlaunbrd:crustelZicoutnroerw.mituh in 7, ,-... 7t4) 1.04. (f) of S rotegir, ,0 51k,,,,p''' • The private sector can and should play1...J. Devt=Are,,,,,s 167.':it';•:.„,•;,, .=..•:,..,:1;t;z1L00,11,..:1 a larger role in tfhveirgouinidtieuavrageelloapc development 0 partneringr providingmoonrefadciilreityscettf of fannocniapl rsoufpitpaortrts, ...c.. . oi cooperwiw caboalip,. "...nw; building a stronger t no di.rsaY -"5"il.; ,,,,,,,,,,,Ozri =- development,and —(..--] Rat'Pve:_rour,d tourimment ( 7, „.„,..•74,;,„ Celebrn organizations. tigoglog 0 Below are the goals identified in the Arts Plan 2030: ... , __. =BI Exp and Public Art Programming lob- Goal 2. ',,,, Strengtheno!ec f0sh0C,...o00rnpmr0u00n0it,y,0 0.000r,00 0„0,00,0,0,000, =el> flt Er?.,uor7gfic,.„.i.i/N.,,,,.r."9“l.- C ultsuraIls l ihDifferent yReI eva nt,p I 4 Establish Programming ictive Cultural Districts GoalS. > S:tdipi:t"S"Mas'lleirl-h Scale Pecroram,sa,7:/,:tcsE,od,ucati on Goal 6. >> ::f me7ddpr,0:v,re:0r;eED:V:a0e 011;:sllmpd:0a1::tc:'0 a,c,lc'd uSI tuusrtaali n.anbid I ci t yr eoaf tti vhee CommunitySandler Center Goal 7. 1 > Promote Virginia Beads 00000,0,0_0 _00,000 , Goal 8. Eapono Arts Infrastructur e 0000 Goal 9. » Increase Funsdi0n2 for Arts Development December 1, 2015 -20- CITY MANAGER'S BRIEFINGS CULTURAL ARTS PLAN 2030 ITEM#65450 (Continued) The first goal is to expand the public art programming: ' a �' GOAL � .. Erpond Pudic Ait Proaran.ming ounnx Move beyond traditional objects and locations to create events,spaces and public places that animate and unite the City Programming should include both temporary(event-based)and permanent installations that address community beautification and are integrated into redevelopment and new construction projects The City should require that a percentage of expenditures on public development projects be devoted to public art The City should also negotiate with private developers to require inclusion of public art or a donation to a public art fund as P€aPC', The Office of Cultural Affairs,Public Art Committee and Public Art Virginia Beach Foundation should work to reimagine and better define the public art program,expressing goals,priorities and activities,as well as funding requirements The second goal is to modify the City Policies to simplify the permitting and licensing process for special events. In addition, this will encourage collaboration between departments and arts groups: Modify City Policy + Practices to Support Cultural Programming + Development Ir3RIORITY: H gh Simplify the permitting and licensing processes for special events Encourage more collaboration and cooperation between various City departments in support of the arts and creativity Empower the Office of Cultural Affairs and Arts+Humanities Commission to incentivize and reward collaborative efforts on the part of artists and arts organizations,both amongst themselves and through cross-sector partnerships Kesx.r CI-PC: Establish a task force including City and private sector representatives,with a mandate to develop recommendations over the next six months December 1, 2015 -21- CITY MANAGER'S BRIEFINGS CULTURAL ARTS PLAN 2030 ITEM#65450 (Continued) -. Develop additiona!Shared Administrative Resources for the Arts,Cultural and Creative Community PRIORITY: Medium Expand existing shared administration programs for artists and arts organizations Provide a more comprehensive set of marketing,ticketing,fundraising and administrative services NEXT STEPS: The Arts Commission should work with the Office of Cultural Affairs to build on existing shared marketing efforts,potentially partnering with the Cultural Alliance or the Sandler Center Foundation The third goal is to establish more multicultural programming and facilities to represent the City's diversity: • GO,:, L 3 III 77Encourage Culturally Relevant Programming fj R8'!G Establish Multicultural Programming + Facilities PRIORITY: Hgh Develop,support and promote greater diversity of arts offerings and facilities,particularly in the area of culturally/ethnically specific arts Empower and build the capacity of the City's various culturally specific groups and artists to provide multi-disciplinary programming: exhibitions,performances,public art and education programs NEXT SE PS: The City should support the development of the planned African American Cultural Center December 1, 2015 -22- CITY MANAGER'S BRIEFINGS CULTURAL ARTS PLAN 2030 ITEM#65450 (Continued) The Plan recommends the City continue to promote the ViBE District as a Cultural and Creative District: GOAL Advance VIBE as a Cultural and Creative District 'Dunk!'Pic: Medium Support and promote District as a destination for unique,quirky,fun arts products and experiences Create a vision,brand and plan that is distinct from others-mix of small non-profit arts groups to entrepreneurial creative businesses Consider locating new programming and public art in district,developing facilities for emerging artists and organizations Integrate ViBe District into City's marketing plan as a destination for both residents and visitors ( 7X' e`".=pc., Work with ViBe to create structure that provides support from both private and public sources through non-profit status,the development of a BID or other entities It is important to establish a "Town Center Arts and Entertainment District": fil‘a 'm - P.111 , 16.-14111 - Establish istrict": Establish a Town Center Arts + Entertainment District ,Dr u z'i t Medium Expand and formalize an arts district around Town Center Develop policy and negotiate incentives for developers of new projects to include cultural space,cultural activity and/or access for cultural organizations The City should encourage and incentivize cultural organizations to provide arts programming in public spaces within the district Encourage the placement of additional public art in the area—in public areas as well through partnerships in commercial spaces Provide centralized marketing for facilities and programs taking place in the district @v"'IC: <6'Pt: Advance discussions with development partners and market the Town Center as an arts and entertainment district December 1, 2015 -23- CITY MANAGER'S BRIEFINGS CULTURAL ARTS PLAN 2030 ITEM#65450 (Continued) The Plan suggests the City develop more small-scale cultural space at Town Center and advance plans with development partners and property owners: r G �� 1ja and $uppoet$manes- carePerformance+ Arts Education _ Develop Small-Scale Cultural Space at Town Center IM/I ': Medium Develop and expand facilities at Town Center to include smaller performance,rehearsal,exhibition,teaching and support facilities Advance partnerships with existing organizations looking to develop facilities such as the Zeiders American Dream Theater,Hampton University(which already has teaching facilities at Town Center)and Virginia MOCA,which has potential to develop a satellite facility E . F.P . Advance plans with development partners and property owners In an attempt to diversify the Arts Culture, the City should develop digital media facilities for lifelong learning: r•, : ruck=t Sn fer 5 a Peria u_e+Arts Educcttor,' Develop Digital Media Facilities for Lifelong Learning "C*0 Develop a digital media center—a different kind of arts facility that focuses on the intersection of creativity and technology The City should partner with an educational institution to develop and operate this space December 1, 2015 -24- CITY MANAGER'S BRIEFINGS CULTURAL ARTS PLAN 2030 ITEM#65450 (Continued) Also, the City could develop facilities for emerging Artists and organizations. The City will need to identify locations and potential development partners: Develop Facilities for Emerging Artists and Organizations Un.E .E Ll°. Medium Develop low-cost space where artists can create,exhibit and sell their work to include various sized studio space BkLEX;'C"'47.P.C7 Identify potential locations and development partners Sup,urt Sm iF.-Scde Fr.urn e A,ts Educotci The Office of Cultural Affairs should work with the Sandler Center Foundation to advance the expansion of the Center: �. irrptove t. aid :Expand Sandler Center for tie Performing Arts Sustainaci(ity of the Sandler Center Di E RE Y: Medium According to the original plan,expand current facility to add facilities that increase the potential for activity and revenue generation in three areas: Facilities for Arts Education:Additional small performance areas and classrooms that support various educational programs produced by the Sandler Center or partners Meeting+Event Spaces:Additional spaces and technology that drive meeting and event business(and related earned revenue)to the Sandler Center Food+Beverage Operations:Additional spaces and functionality that enhance food and beverage operations for the Sandler Center (3!XT C 'PCt The Office of Cultural Affairs should work with the Sandler Center Foundation to advance the expansion project December 1, 2015 -25- CITY MANAGER'S BRIEFINGS CULTURAL ARTS PLAN 2030 ITEM#65450 (Continued) The City should promote itself as a Cultural and Creative Community and Destination. The City should begin discussions with potential partners like the Virginia Arts Festival: G *AL . Pro ��. :tej P,ji .-.3 ri Position the Oceanfront as a Cultural Destination 'o EORIc'n.. Medium Establish the Oceanfront as a destination for cultural tourists,driven by a set of programs and promotional efforts Partner with and incentivize cultural entities to establish a series of high quality and innovative cultural events on the Oceanfront Enhance infrastructure and make changes at the policy level in order to facilitate this activity Include public art events and installations KEX i'USW'," Discussions with potential partners like the Virginia Arts Festival s i ; Prac3 .e b`irc�n:a Baoch as o Cultural Carrmarlty oLICA, -f Medium All strategies in plan to establish Virginia Beach as vibrant place for arts,culture and creativity 7XT:Si-W.': Engage a marketing agency to develop an arts branding strategy and support implementation December 1, 2015 -26- CITY MANAGER'S BRIEFINGS CULTURAL ARTS PLAN 2030 ITEM#65450 (Continued) The Plan also suggests the City expand its Arts infrastructure: a. L 0 The Ro e of the City Roie aE Cultural Affairs _ Role o=fhe Arts Commission1 GOAL 4.- State Funding GOAL 9 . New Public Sector Funding Mechanisms Additional cultural development should be funded through a secure public mechanism A number of potential mechanisms are discussed,including a public art fund,sin tax,hotel occupancy tax or surtax,cable company franchise fees,utility late fees, real estate tax or a cultural tax district The most viable option is a nominal real estate tax rate increase(0.5 cent)to support arts programs December 1, 2015 -27- CITY MANAGER'S BRIEFINGS CULTURAL ARTS PLAN 2030 ITEM#65450 (Continued) The City can create incentives for private sector investment: Create Incentives for GOAL Private Sector Investment Strategies to engage the private sector and drive additional support through partnerships with regional institutions and developers: Incentives for commercial property owners to bring cultural activity into their spaces Develop a program with the Hampton Roads Chamber of Commerce to teach local businesses how and why to sponsor cultural programs,benefits Develop a program with Economic Development,VB Vision or CBDA that helps key local groups form relationships with regional businesses and industries Organize a philanthropic mentoring program to encourage newer arrivals and younger families to become more active as funders and supporters of the arts Encourage the Arts Commission to start an annual awards event,drawing attention to companies and individuals who give to the arts PATH December 1St (7pm) & 2nd (gam): Public Presentations at Sandler Center December Stn: Council Vote on Adoption IMPLEMENTATION: 15 Year Plan ❖ Stakeholders Meetings + Prioritization + Budget Implications—come back to City Council in budget process I ,, Its +'J g x F 22 December 1, 2015 I I -28- CITY MANAGER'S BRIEFINGS CULTURAL ARTS PLAN 2030 ITEM#65450 (Continued) VGIA BvACH A200 DISCUSSION OFFICE OF CULTURAL AFFAIRS _ www.vbgov.comiartspian2030 -114 MeachAtte Ip U-vabeacharts f Virginta Beach Arb Mayor Sessoms thanked Ms. Labows and Mr. Webb for their detailed work on this Plan. December 1, 2015 -29- CITY COUNCIL LIAISON REPORTS ITEM#65451 5:03 P.M. There were no City Council Liaison Reports. December 1, 2015 -30- CITY COUNCIL'S COMMENTS ITEM#65452 5:04 P.M. Councilman Dyer expressed his appreciation to Secretary of Transportation Aubrey Lane for the recent presentation regarding Light Rail. Once again, he is skeptical of Light Rail being the appropriate vehicle and does not necessarily agree with Secretary Lane's position that different technology is "decades away". Councilman Dyer distributed a Draft Resolution, reiterating Draft, for a Referendum to be considered during the 2016 Election with the question: "Should City Council Adopt an Ordinance approving the expansion of the Tide Rail System into the City of Virginia Beach, Yes or No?" Councilman Dyer feels this is going to be one of the most important decisions Council will make and this Referendum will facilitate good open discussion with the public. It is most beneficial to bring the public to the table and build a bridge of trust with the public. He suggests having a Workshop for discussion amongst Council Members and then the Referendum be considered in January 2016. Councilman Dyer also requested having Dr. Koch from ODU present a briefing and provide perspectives of what is happening in the Region. Councilman Uhrin feels the question will be difficult for citizens to answer since the City will not have the true cost estimate until approximately four(4) months after the Election. Councilman Dyer feels the citizens can make an informed decision with the information we do have. This will just be an additional tool in making the decision. Councilman Moss reminded the City Council of the DEIS that has been completed that says none of the alternatives support the criteria established. Mr. Moss feels if Citizens do not want Light Rail then they need to make the decision when they Vote for City Council in 2016. Council Lady Wilson feels the question three (3) years ago was not a lot different than this proposed wording and she does not feel this is the right question to ask. Councilman Dyer reminded Council Lady Wilson he stated "this is a starting point"for a discussion. He is willing to come up with a question as long as it is coherent with the City Council's thoughts. December 1, 2015 -31- CITY COUNCIL'S COMMENTS ITEM#65453 (Continued) Councilman Uhrin advised he requested the City Attorney draft a Resolution to REPEAL the Offshore Oil and Gas Exploration adopted by City Council on February 23, 2010, to be considered by City Council on December 8, 2015. December 1, 2015 -32- CITY COUNCIL'S COMMENTS ITEM#65454 (Continued) Council Lady Ross-Hammond advised the three projects in Kempsville were dedicated on Monday. She expressed her appreciation to the City Clerk for her taking the lead on this event, as well as Parks and Recreation and Public Works Department. The Olongapo delegation attended the ceremony and although the weather did not cooperate, the event was a success. December 1, 2015 -33- CITY COUNCIL'S COMMENTS ITEM#65455 (Continued) Councilman Moss understands the Commissioner of Revenue has some "technical issues" he would like to be reconsidered at an upcoming meeting. He requested the Commissioner come and provides an explanation prior to it may be placed on the Agenda for consideration. December 1, 2015 -34- CITY COUNCIL'S COMMENTS ITEM#65456 (Continued) Mayor Sessoms advised a Proclamation for Kathleen Hassen will be presented to her husband and daughter at tonight's Formal Session. Also, the Mayor and Councilman from Olongapo will be in attendance at tonight's meeting. December 1, 2015 -35- AGENDA REVIEW SESSION ITEM#65457 5:15 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code to comply with the Virginia Code and to ADJUST the descriptions and authorizations of the Departments of Emergency Medical Services and Fire to more accurately depict their operations 2. Resolution to AUTHORIZE a Non-binding Term Sheet re Town Center Phase VI, REQUEST approval by the Virginia Beach Development Authority and AUTHORIZE supplemental project documents re a mixed-use development by Town Center Associates, LLC 3. Ordinance to DECLARE land at Princess Anne Road and Winterberry Lane to be EXCESS and AUTHORIZE execution of the necessary documents for conveyance to YNOT,LLC 4. Ordinance to AUTHORIZE a temporary encroachment into City-owned property on Central Park Avenue to TCA Block 4 Retail,LLC, re a balcony and other improvements DISTRICT 4—BAYSIDE 5. Ordinance to ALLOW a six (6) month extension to satisfy conditions of a previously approved closure of Circle Lane as requested by Thomas C. and Lisa D. McKee 6. Ordinances to REAPPROPRIATE and TRANSFER School Funding: a. $12,894,051 in FY-2014-2015 Reversion Funds • $ 1,600,000 to Risk Management • $ 8,299,318 re anticipated shortfalls • $ 2,994,733 to the Reserve Special Revenue Fund: • $1,600,000 for fleet replacements • $ 808,812 to Technology • $ 285,921 for white fleet replacements • $ 300,000 for SOL improvements b. $1,776,265 within the FY 2015-2016 Schools Budget • $ 7,309 to Transportation • $ 7,964 to Maintenance • $ 497,572 to Technology • $ 22,500 to Instruction • $ 7,170 to Technology • $ 253,871 to Technology • $ 896,879 to Technology • $ 8,000 to Instruction • $ 75,000 to Administration $367,094 within the FY 2015-2016 Green Run Collegiate Charter School Fund • $ 12,000 to Technology • $140,966 to Instruction • $ 9,000 to Administration • $189,128 to Transportation • $ 16,000 to Technology ITEM#2 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 December 1, 2015 -36- AGENDA REVIEW SESSION ITEM#65457 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. CHRISTINE WERNE and PEMBROKE OFFICE PARK, LP for Modification of Conditions of a Conditional Use Permit re expansion of a Vocational School (approved January 22, 2013) at 281 Independence Boulevard DISTRICT 4—BAYSIDE 2. BJ'S WHOLESALE CLUB and BIRCHWOOD MALL ASSOCIATES ETC for Modification of Condition No. 4 of a Conditional Use Permit re an Auto Service Station (approved June 26, 2001) to allow electronic display of fuel prices at 3712 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN 3. ROBERT McNICHOLS and REVEREND FRANCIS X. LORENZO, BISHOP OF RICHMOND for Modification of Conditions of a Conditional Use Permit re Housing for Seniors (Marion Manor) (approved February 22, 1994) to add a Chapel at 5345 Marian Lane DISTRICT 2—KEMPSVILLE 4. PORPOISE,LLC and LESLIE G. SHAW, JR.for renewal of a Conditional Use Permit re a skate park at 1905 Cypress Avenue DISTRICT 6 BEACH 5. BAYSIDE CONCRETE, INC and BRUCE H. GOULD for a Conditional Use Permit re a Bulk Storage Yard at 408 Davis Street DISTRICT 2—KEMPSVILLE 6. SHELA MARIE BOLLENBACHER for a Conditional Use Permit re a Home Daycare at 2492 Seven Kings Road DISTRICT 3 ROSE HALL 7. YNOT, LLC and CITY OF VIRGINIA BEACH re a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business re a restaurant at Princess Anne and Winterberry Lane DISTRICT 7—PRINCESS ANNE 8. Street Closures, re portions of the unimproved rights-of-way of Holly Road at 48th Street: DISTRICT 6—BEACH a. HOLLY ROAD,LLC b. DR. JACK SIEGEL and LISA A. BERTINI 9. AMEND Section 801 of the City Zoning Ordinance (CZO) re Farm Stands MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#7 ITEM#9 WILL BE DEFERRED TO JANUARY 5, 2016 December 1, 2015 -37- ITEM#65458 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: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Princess Anne District 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 December 1, 2015 -38- ITEM#65458 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:20 P.M. 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 (Closed Session 5:20 P.M. - 5:43 P.M.) December 1, 2015 -39- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 1,2015 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, December 1, 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., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Tyrone L. Johnson, Pastor New Oak Grove Missionary 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. December 1, 2015 -40- 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 identifying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. Mayor Sessoms recognized and welcomed those in attendance from Scout Troops 301, 408 and 443. December 1, 2015 -41- ADD-ON MAYOR'S PRESENTATION ITEM#65459 PROCLAMATION December 1, 2015 Kathleen D.Hassen Day Mayor Sessoms welcomed Charlie and Paige Hassen, husband and daughter of Kathleen D. Hassen, who dedicated more than thirty-nine (39) years of service to the City of Virginia Beach. Mayor Sessoms presented a Proclamation declaring December 1, 2015, KATHLEEN D. HASSEN DAY The Mayor encourages all employees to extend their gratitude and congratulations to our colleague and friend as she retires from the City and with all the best wishes for the future. City Manager Spore also expressed his appreciation for Mrs. Hassen for all of the years of dedicated service she provided to the City. Mr. Spore presented a Certificate acknowledging her service of over thirty—nine (39)years, along with a Retirement Pin. Mr. Spore stated he worked closely with Kathleen every single day and he has never known a more dedicated, committed employee and it was a true honor to work with her. Mr. Hassen, along with their daughters Paige and Leslie (in spirit as she was unable to attend), advised they are honored to accept these tokens of appreciation on behalf of Kathleen, and she wishes she could be here to thank you herself She has enjoyed working with each of you and will miss future opportunities to assist her co-workers and the Citizens of Virginia Beach. December 1, 2015 1 TA- dO� 1 , ex �,{_{ ouR NAt��+d it rnclanu4inn W7CEXEAS: Kathleen cD. 9fassen was born and raised in Virginia Beach, Virginia and attended Virginia Beach cPublicSchools;and WHEREAS: For more than 39 years, Kathleen has been a dedicated member of the City of Virginia Beach family; and WHEREAS: 'Through her personal initiative and perseverance, Kathleen's career progression consists of roles as secretary, Council-Docket Cler(,Administrative Assistant and her current position as Assistant to the City%tanager for Community Affairs;;and TOPEREAS: Kathleen was the City's first Wellness Coordinator and tasked with helping to improve the health of the organization by fostering an environment to increase personalgrowth and development and WHEREAS: The results of her efforts was the dedication of two walking paths at the (Municipal Center, the publication of"Body'rack"devoted to wellness creation of a hiking program and many more mental- and physical-fitness ental- andphysicalfitness programs;and WHEREAS: While working for the City of Virginia Beach, Kathleen attended night classes at Old Dominion `University and in 1984 received Bachelor's(Degree in Business Administration;and WHEREAS: Kathleen became the voice of reason on the other end of the rine when dealing with a complaint or concern and assisted the City members, the(Mayor, and City Council in responding to the concerns of their constituents;;and WHEREAS: Not only was Kathleen an excellent ombudsman for our citizens, responding to their wide range of concerns with speed, accuracy and empathy, she was also a dedicated advocate for city staff and departments taking the time to explain staffs position and defending their professionalism;and WHEREAS: With questions and complaints on topics from animals to zoning, Kathleen has been documenting citizen inquiries since the mid-1980's in a computerized data base which provides access to statistical breakdowns on each entry; and 'WHEREAS: Because of her expertise in public image and customer relations, she was asked to present at the Virginia Innovation Group workshop on Improving Customer Relations, Tools and Techniques and participated on the City's Customer Inquiry (Process Management Team to enhance quality service throughout the city;and '4''CtEREAS: In addition to handling customer inquiries, Kathleen manages the City 7fall of Tame selection and recognition program; coordinates the weekly Council agenda, prepares the budget for the City Manager's Office and oversees expenditures, serves as the department's training representative, drafts and updates office policies;and has become the "go to"person when staff and Council needs guidance on addressing problematic issues;and WICEREAS: Through her years of service, Kathleen has been dedicated to helping others as evidenced by her involvement in Vnited Way,mediation program,and servicing the homeless;;and WHEREAS: louring Kathleen's tenure with the City of Virginia each,she was a devoted wife and mother. Now,'Therefore,I,'William D.Sessoms gr.,Mayor of the City of Virginia Beach,Virginia,do hereby Proclaim: December 1, 2015 ?ath(een D. [1fassen Day In Virginia Beach,and I encourage all employees to extend their gratitude and congratulations to our colleague and friend as she retires from the City of Virginia(Beach,and with all the best wishes for the future. In'Witness Whereof,I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be affvedthis(First(Day of(December,Two Thousand and'Ff een. % William a Sessoms Jr Mayor -42- ADD-ON MAYOR'S RECOGNITION ITEM#65460 Mayor Sessoms welcomed Mayor Paulino and Councilman Manalo from Olongapo, Philippines, which is also the City's newest Sister City. The delegation from Olongapo attended the Anchor Dedication Ceremony. Mayor Paulino expressed his appreciation to Mayor Sessoms, City Council Members, Ruth Fraser, City Clerk and President of the Sister Cities Association of Virginia Beach (SCAVB), Warren Harris and Roy and Naomi Estaris for the hospitality. Mayor Paulino hopes the friendship between the City and Olongapo continues for many years to come. December 1, 2015 -43- Item—VII-E CERTIFICATION ITEM#65461 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, 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., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 1, 2015 SL0\N41,,--F,EN‘ BF4 vire 4 0� S S OF OIIR NPS\ON 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#65458 Page 38, 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. _5-4-L---"/r-/'4Sa-e4-";t-oi..-..—t-----" Ruth Hodges Fraser, MMC City Clerk December 1, 2015 -44- Item -VII-F MINUTES ITEM#65462 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 17, 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., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 1, 2015 -45- ADOPT AGENDA FOR FORMAL SESSION ITEM#65463 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 1, 2015 -46- Item-VII-H-1 PUBLIC COMMENT ITEM#65464 Mayor Sessoms DECLARED PUBLIC COMMENT: TOWN CENTER PHASE VI The following individuals registered to speak: Diana Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION. Frank Papcin, 4008 Rumford Lane, Phone: 498-4878, spoke in OPPOSTIION. Robert K Dean, 1204 Shawn Drive, Phone: 427-6606, spoke in OPPOSTIION. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT on Town Center Phase VI December 1, 2015 -47- Item-VII-H-2 PUBLIC COMMENT ITEM#65465 Mayor Sessoms DECLARED PUBLIC COMMENT: OLD BEACH VILLAGE The following individuals registered to speak: Barbara Clark, 411 1 eh Street, spoke in SUPPORT. Barbara Messner, spoke in OPPOSTIION. Jack Pope, 214 44th Street, Phone: 717-8821, spoke in SUPPORT. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT on Old Beach Village December 1, 2015 -48- Item -VII-H-3 PUBLIC COMMENT ITEM#65466 Mayor Sessoms DECLARED PUBLIC COMMENT: ARENA PROJECT The following individuals registered to speak: Glen Robertson, Chair—HRCC, 500 East Main Street, Phone: 664-2575, spoke in SUPPORT Charles Montgomery, 2258 Bayberry Street, Phone: 481-6513, spoke in SUPPORT. Stuart Myers, 1453 Carolyn Drive, Phone: 428-9013, spoke in SUPPORT. Duane Trowbridge, 4836 BayBridge Lane, Phone: 464-1133, spoke in SUPPORT. Bill Johnson, did not answer. Michael Callahan, 2132 Sanctuary Court, Phone: 620-6530, spoke in OPPOSITION. Reese Smith, 4665 South Boulevard, Phone: 499-4772, spoke in SUPPORT. Paul Smith, 1771A Princess Anne Road, Phone: 560-1999, spoke in SUPPORT. Barbara Messner spoke in OPPOSITION. Princess Norris, 3806 Jefferson Boulevard, Phone: 647-1586, spoke in OPPOSITION. Jimmy Capps, spoke in SUPPORT. Russell Lyons, 3612 Atlantic Avenue, Phone: 422-1801, spoke in SUPPORT Carla Bailey, 5224 Indian River Road, spoke in SUPPORT. Barbara Clark, 411 16"Street, spoke in SUPPORT. John Gilchrist, did not answer Josh Canada, 1013 Chumley Road, Phone: 613-2737, spoke in SUPPORT. Ross Vierra, 2216 Derroe Court, Phone: 470-2068, spoke in SUPPORT E. George Minns, 236 Shipps Lane, Phone: 575-8109, spoke in OPPOSITION. Mary Lou Ferralli, 3785 Strathmoor Circle, Phone: 498-7011, spoke in OPPOSITION. Ken Chord, 3536 Clubhouse Road, Phone: 340-6829, spoke in OPPOSITION. Diana Burke, 929 Brandon Quay, Phone: 714-0404, spoke in SUPPORT. Frank Papcin, 4008 Rumford Lane, Phone: 498-4878,poke in OPPOSTIION. Reverend Jason Knight, 1117 Valley Stream Court, spoke in OPPOSITION. Charles Payne, 218 61st Street, spoke in SUPPORT. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT on the Arena Project December 1, 2015 �46NA � u ` r City of Vires;iriia 13eaclh 404 I-ti, 5 0 OF OUR NAlovF VBgov.corn JOHN E.UHRIN PHONE (757)200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHRINO VBGOV.COM Refer to File No. 0053592 December 2, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution approving a non-binding term sheet for the development of an arena and authorizing the development of definitive project documents. 2. Approval of the non-binding term sheet will not obligate the City to enter into an agreement for the construction of an arena. Decisions about whether to enter into such an agreement will be the subject of one or more subsequent votes of City Council. 3. If City Council subsequently approves an agreement for the construction of an arena, that development could increase demand for hotel rooms in the Resort Area. The agreement also could result in an increase in the hotel tax. 4. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the Resort Area. 215 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Ruth Hodges Smith -2- December 2, 2014 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. I am a member of a business, profession or occupation, namely Resort Area hoteliers. To the extent the approval of this transaction may affect the business of hotels in the Resort Area, all members of this profession may be affected by the transaction. 6. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Burlage Management Corporation is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincer y, Jo E. Uhrin Councilmember JEU/RRI • s11J1A•BEgc 5P City of Vii 1rzia I each U 9,DtS °f OUR Nw'S VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY-AT-LARGE FAX: (757)385-5669 Refer to File No. 0053572 December 2, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution approving a non-binding term sheet for the development of an arena and authorizing the development of definitive project documents. 2. Approval of the non-binding term sheet will not obligate the City to enter into an agreement for the construction of an arena. Decisions about whether to enter into such an agreement will be the subject of one or more subsequent votes of City Council. 3. If City Council subsequently approves an agreement for the construction of an arena, that development could affect nearby property and could impact the marketability and value of such properties, which could potentially impact real estate service providers, including Prudential Towne Realty. 4. I am a real estate agent affiliated with Prudential Towne Realty, and I have a personal interest in the company because I receive commissions from the company. The only income I receive from Prudential Towne Realty is my own commissions from my own sales. 1304 WREN PLACE,VIRGINIA BEACH,VA 23451 II Mrs. Ruth Hodges Smith -2- December 2, 2014 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. I personally have no current real estate listings in the immediate vicinity of the proposed arena project. Likewise I am not aware of, and am not currently pursuing, any potential future listing in the immediate vicinity of the proposed arena project. 6. I am a member of a business, profession or occupation, namely real estate service providers, the members of which may currently or at some point in the future be involved in the marketing and sale of property in the vicinity of the arena. To the extent the approval of this transaction may affect property values in the immediate vicinity of the arena project and therefore affect sales commissions, all members of this profession may be affected by the transaction. 7. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Prudential Towne Realty is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2- 3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, f2-e• Rosemary A. Wrrl'son Councilmember RAW/RRI II 411.11A BE,gc Pitorr- p J City of Virginia I beach 0 °F OUR $P " VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY-AT-LARGE December 9, 2014 FAX: (757)385-5669 In Reply Refer to File No.: 0053570 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, VA 23456 Re: Conflict of Interests Act Disclosure—Dixon Hughes Goodman Dear Mr. Fraser: I have a personal interest in Dixon Hughes Goodman because I receive retirement income from the firm as a result of my late husband's employment by the company. I am not an employee of Dixon Hughes Goodman, I have no role in the management of the company, and I am not privy to its client list. Due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which I have no personal knowledge. I am always concerned about the appearance of impropriety that might arise if I participate in a matter before City Council in which Dixon Hughes Goodman has an interest, but in which I have no personal knowledge of that interest. In order to ensure my compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is my practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict. If, during my review of the agenda for any given meeting of the Council, I identify a matter in which I have a "personal interest," as defined in the Act, because of my receipt of retirement income Dixon Hughes Goodman, I will make the appropriate disclosure and take appropriate actions. Thank you for your assistance and cooperation in this matter. Very truly yours, (?/, Rosemary A. son Councilmember RAW:RRI 1304 WREN PLACE,VIRGINIA BEACH,VA 23451 te- { s amity of Vj - irZia I ,,each v9 0� 1' S OF OUR N70.5 AZ VBgov.com JAMES L.WOOD PHONE: (757)340-8411 COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082 jlwood®vbgov.com Refer to File No.0053638 December 9, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution approving a non-binding term sheet for the development of an arena and authorizing the development of definitive project documents. 2. Approval of the non-binding term sheet will not obligate the City to enter into an agreement for the construction of an arena. Decisions about whether to enter into such an agreement will be the subject of one or more subsequent votes of City Council. 3. If City Council subsequently approves an agreement for the construction of an arena, that development could impact the value of real estate in the vicinity of the arena. 4. I have an ownership interest in 603/605 22" Street, L.L.C. and 609/607 22"d Street L.C. The principal office address for both companies is 3809 Thalia Drive, Virginia Beach, VA 23452. 208 ASH AVENUE,SUITE 101,VIRGINIA BEACH,VA 23452 Mrs. Ruth Hodges Smith -2- December 9, 2014 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. 603/605 22"d Street, L.L.C. owns property located at 603 and 605 22"d Street; 609/607 22"d Street L.C. owns property located at 607 and 609 22"d Street. All of this real property is located approximately three blocks from the proposed arena site. 6. I am a member of a group of more than three persons, namely persons with ownership interests in land in the vicinity of the arena project (either via direct ownership or via ownership of a company that owns the land). To the extent the approval of this transaction may affect the value of land in the vicinity of the arena project, all members of this group may be affected by the transaction. 7. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to 603/605 22nd Street, L.L.C. or 609/607 22"d Street L.C. is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, Jiffs s . Wood Councilmember JLW/RRI -49- Item-VII-I-1 PUBLIC HEARINGS ITEM#65467 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY Princess Anne Road and Winterberry Lane There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. December 1, 2015 -50- Item -VII-I-2 PUBLIC HEARINGS ITEM#65468 Mayor Sessoms DECLARED A PUBLIC HEARING: TRANSFER OF PROPERTY Land and Improvements on l9"Street to VBDA The following individuals registered to speak: Barbara Messner, spoke in OPPOSITION. E. George Minns, 236 Shipps Lane, Phone: 575-8109, spoke in OPPOSITION. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 1, 2015 -51- Item #VII-J ORDINANCES/RESOLUTIONS ITEM#65469 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 1, 3(MAYOR ABSTAIN), 4, 5 and 6a/b. 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 December 1, 2015 -52- Item-VII-J.1 ORDINANCES ITEM#65470 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND the City Code to comply with the Virginia Code and to ADJUST the descriptions and authorizations of the Departments of Emergency Medical Services and Fire to more accurately depict their operations 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 December 1, 2015 11 1 AN ORDINANCE TO AMEND SECTIONS 2-421, 2-422, 2- 2 423, 2-424, 2-425, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, 3 12-27, 12-29, 12-41, 12-42, 12-45, 12-46, 12-48, and 37-22 4 OF THE CITY CODE PERTAINING TO THE DEPARTMENT 5 OF EMERGENCY MEDICAL SERVICES AND THE FIRE 6 DEPARTMENT 7 SECTIONS AMENDED: §§ 2-421, 2-422, 2-423, 2-424, 2- 8 425, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, 12-27, 12-29, 9 12-41, 12-42, 12-45, 12-46, 12-48, and 37-22 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Sections 2-421, 2-422, 2-423, 2-424, 2-425, 12-4, 12-21, 12-22, 12-23, 12- 13 24, 12-25, 12-26, 12-27, 12-29, 12-41, 12-42, 12-45, 12-46, 12-48, and 37-22 of the 14 Code of the City of Virginia Beach, Virginia, are hereby amended and ordained to read 15 as follows: 16 Sec. 2-421. Creation; composition. 17 There is hereby created a department of emergency medical services, which 18 shall consist of an director of emergency medical services chief, a medical director 19 endorsed by the Virginia Beach Medical Society, the members of the operational 20 volunteer rescue squads serving the city and such other committees, boards, 21 organizations and personnel as may be ordered by the city manager, the medical 22 director or the director chief consistent herewith. Such members, committees, boards, 23 organizations and personnel; - __ _ _ _ -- •- -- - -- - - -- --- - - • - 24 protection, shall be under the supervision and control of the director emergency medical 25 services chief. Personnel assigned to the fire department shall be under the supervision 26 and control of the emergency medical services chief and the fire chief whenever they 27 are engaged in emergency medical services and rescue services activities as defined in 28 section 2-422. The director emergency medical services chief and medical director shall 29 be appointed by the city manager. The medical director shall be appointed for a term of 30 two (2) years and shall be eligible for reappointment. 31 Sec. 2-422. Functions. 32 The department of emergency medical services shall be responsible for 33 controlling and supervising the provision of preliespital emergency medical services and 34 rescue services in the city to protect and promote the health, welfare and safety of the 35 general public. Such services shall include, but not be limited to: basic and advanced 36 life support patient care; preventative care; rescue: patient care at accidents of any 37 nature involving injuries and/or entrapments illnesses; mass casualty incidents; water 38 rescues, including, boat, lifeguard and rescue dive operations services; and all other 39 incidents involving injured or ill patients. Such services shall not include (i) rescues II 40 which involve an imminent danger or the actual occurrence of fire or explosion, or the 41 uncontrolled release of hazardous materials which threaten life, or (ii) search and 42 rescue operations conducted by law enforcement officers. The department shall be 43 responsible for establishing and enforcing applicable rules, regulations, policies and 44 protocols for the department and for other city agencies and the agencies which are 45 defined under chapter 10.5 of the Code. The department shall have other such powers 46 and duties as may be assigned by council or the city manager. 47 Sec. 2-423. General powers and duties of directors and chief. 48 (a) The medical director shall be responsible for the establishment of 49 medical policy dealing with the direction and coordination of patient care 50 operations for the department, including, but not limited to, the granting of the 51 authorization to practice to EMS personnel as defined in the Code of Virginia 52 54.1-3408, the development of medical training standards, medical care 53 procedures and protocols, medical performance standards and general medical 54 control. 55 (b) The director of emergency medical services chief shall make rules, 56 regulations and policies concerning the general management, direction, 57 operation and control of the department of emergency medical services, as well 58 as the provision of emergency medical services and rescue services in the city, 59 including, but not limited to, the certification of emergency medical services 60 personnel to operate within the city consistent with policies promulgated by the 61 medical director; the implementation of medical and operational policy and 62 protocol; and the supervision of all personnel within the department, as well as 63 any other personnel involved in the provision of emergency medical and rescue 64 services as set forth in section 2-422 of this code. 65 (c) The rules, regulations and policies of the medical director and director 66 emergency medical services chief shall be subject to approval by the city 67 manager and shall not be inconsistent with the laws of the commonwealth. 68 Sec. 2-424. Advisory boards. 69 (a) The Council of Virginia Beach Volunteer Rescue Squads, Inc. shall 70 serve as an advisory board to the director of emergency medical services chief, 71 providing recommendations on department policy matters as necessary. The 72 advisory board may also provide recommendations to the city manager 73 concerning the selection of the director of emergency medical services chief 74 when vacancies occur in that position, and other matters pertaining to the duties, 75 responsibilities and functions of the department of emergency medical services. 76 (b) Additional boards which may be created shall have duties as 77 enumerated to them by the city manager, medical director or the director of 78 emergency medical services chief. 79 Sec. 2-425. Background investigations of applicants for certification; false 80 representation of certification unlawful; impersonation. 81 (a) In order to determine if any past criminal conduct or motor vehicle 82 driving record of any applicant for certification by the director of emergency 83 medical services chief would be compatible with the nature of the position under 84 consideration, the following procedure shall be followed: 85 (1) Each such applicant shall furnish a classifiable set of fingerprints to the 86 department of police. 87 (2) The chief of police and members of the department of police acting in 88 his name and the director of emergency medical services chief or an 89 investigator designated by the dec�ter emergency medical services chief 90 within the department of emergency medical services, are authorized to 91 conduct a field investigation and directed to conduct criminal record checks 92 on each such applicant. 93 (3) The chief of police or a member of the police department acting on his 94 behalf, or an investigator designated by the director of emergency medical 95 services chief within the department of emergency medical services, shall 96 prepare a factual summary of the background investigation and criminal 97 records check of each applicant and transmit such summary to the d+ceetor 98 of emergency medical services chief for the purpose of determining the 99 fitness of the applicant. 100 (4) Background investigation and records checks include records of all 101 arrests and dispositions as an adult. Records of arrests and dispositions, 102 while an applicant was considered a juvenile, shall be transmitted only when 103 authorized by a court order, court rule, court decision, federal regulation or 104 state statute authorizing such dissemination. 105 (5) Criminal history records and information shall include arrest and 106 disposition data on file in the national crime information center, the federal 107 bureau of investigation, the department of defense, the department of motor 108 vehicles, and all other federal, state and local law enforcement agencies. 109 (6) Any applicant who is denied certification on the basis of the investigation 110 summary referred to in this section may inspect that summary for the 111 purpose of clarifying, explaining or denying the accuracy of its contents. 112 (7) The chief of police and members of the police department shall make no 113 other dissemination to the director of emergency medical services chief 114 regarding the fitness of applicants, except in the official summary report 115 referred to in this section. I I 116 (8) Use of criminal history record information disseminated to the director of 117 emergency medical services chief shall be limited to the purpose for which it 118 was given and may not be disseminated further. 119 (b) It shall be unlawful for any person to willfully impersonate, with the intent 120 to make another believe he is a if ed an emergency medical services 121 personnel provider. A first offense conviction is a Class 1 misdemeanor. 122 . . . . 123 Sec. 12-4. Open burning 124 (a) Open burning, where permitted by the Virginia Statewide Fire Prevention 125 Code, shall be constantly monitored until the fire is extinguished. Fire extinguishing 126 equipment shall be available for immediate use. 127 (b) The fire chief of fire protection shall prohibit open burning, otherwise lawful, 128 when smoke may cause reduced visibility on any highway, or when emissions or 129 odors may constitute a hazard or nuisance. The fire chief of fire protection shall 130 order the extinguishing by the permit holder or other responsible person, or by the 131 fire department, of any fire which creates such a hazard or nuisance, or if adjacent 132 property is considered to be endangered. 133 . . . . 134 Sec. 12-21. Created; composition. 135 There is hereby created a fire department of fire protection, which shall be 136 composed of the fire companies located throughout the city, headed by a fire chief of 137 fire protection. The fire chief is appointed as the coordinator of emergency management 138 under the direction of the city manager in the emergency operations plan. The fire 139 department is an all-hazards response agency and is a fundamental component to 140 emergency services, disaster planning, and emergency management. 141 142 Section 12-21.1. Functions. 143 The fire department, under the direction of the fire chief, shall be responsible for 144 preventing, suppressing, controlling, limiting, and extinguishing accidental or 145 intentionally destructive fires on land and water. The fire department shall be 146 responsible for controlling and supervising the provision of services that protect life and 147 property that include, but are not limited to, hazardous, combustible, radiological, and 148 explosive materials, including gas leaks; rescues at accidents of any nature involving 149 injuries and/or entrapments; technical rescues involving rope rescue, trench, aircraft, 150 and confined space incidences; situations involving an imminent danger or actual 151 occurrences of fire, explosion, and structural collapse; and maritime incidents that 152 involve fire, a technical rescue, and hazardous materials. In conjunction with the fire 153 chief's role as Coordinator of Emergency Management, the fire department shall also 154 support the emergency management coordination of the City and specifically assist in 155 evacuation activities, search and rescue of disaster victims, and any other emergency 156 response activities, as needed. The fire marshal shall investigate the causes of fires; 157 prosecute alleged arson, threats to burn, threats to bomb, post-blast investigations or 158 other related criminal acts; and enforce the Virginia Statewide Fire Code and related 159 codes as incorporated and/or amended. The police department bomb squad personnel 160 (also known as "Hazardous Device Technicians") shall be under the supervision and 161 control of the Police Special Operations Bomb Squad Commander while engaged in 162 render safe operations, device inspection, and recovery of hazardous devices. During 163 fire incidents and fire investigations of alleged arson, threats to burn, threats to bomb, 164 post-blast explosive device investigations, police bomb squad personnel will work in 165 cooperation with the fire chief. In cooperation with the department of emergency 166 medical services, fire department personnel shall be under the supervision and control 167 of the fire chief and the emergency medical services chief when engaged in emergency 168 medical services involving the treatment and/or transport of patients, pursuant to 169 Sections 2-422 and 2-423 of this Code. 170 Sec. 12-22. Departmental rules and regulations. 171 The fire chief ction, with the approval of the city manager, shall make 172 rules and regulations concerning the operation of the fire department of fire protection, 173 the conduct of the officers, employees and members thereof and, their uniforms, 174 equipment, training and procedures. 175 Sec. 12-23. Composition and service areas of fire companies generally. 176 (a) The fire companies shall consist of such officers, employees, volunteers 177 and members as shall be provided by the city manager or the fire chief of firs 178 protection. 179 (b) The fire companies shall serve such areas as shall be designated by the 180 fire chief of fire protection. 181 Sec. 12-24. Composition and rules and regulations of volunteer fire companies. 182 Each volunteer fire company within the city shall consist of such officers and 183 members as are provided for in its bylaws and the provisions of this article, except that 184 no position shall be in conflict with the rules and regulations established by the city 185 manager and the fire chief fiction. No rules or regulations of any volunteer fire 186 company shall conflict with rules and regulations established pursuant to section 12-22. I I 187 Sec. 12-25. Fire marshal, deputies and assistants. 188 (a) The fire chief of fire protection or his designee shall be the fire marshal. 189 (b) Within the fire department of fire protection, there shall be appointed by 190 the fire marshal such deputies and assistants as may be necessary. These deputies 191 and assistants shall have the same powers and perform the same duties as the fire 192 marshal, at his direction or in his absence. The fire marshal shall be responsible for 193 the enforcement of the fire prevention code referenced by section 12-41 of this 194 Code, this chapter, and related laws of the city and state, and for the investigation 195 and prosecution of all cases of alleged arson and other fire-related incidents 196 suspected to involve criminality. 197 (c) In making such investigations, the fire marshal may issue a summons 198 directed to the sheriff of the city commanding him to summon witnesses to attend 199 before the fire marshal, or his authorized designee, at such time and place as he 200 may direct. Any such officer to whom the summons is delivered shall forthwith 201 execute it and make return thereof to the fire marshal at the time and place named 202 therein. Any witnesses on whom such summonses are served may be compelled by 203 the fire marshal to attend and give evidence and shall be liable in like manner as if 204 the summonses had been issued by a magistrate in a criminal case. They shall be 205 sworn by the fire marshal before giving evidence and their evidence shall be 206 reduced to writing by him or under his direction and subscribed by them, 207 respectively. 208 (d) The fire marshal and his deputies and assistants, before entering upon 209 their duties, shall respectively take an oath before any officer authorized to 210 administer oaths, faithfully to discharge the duties of such office. A certificate of the 211 oath shall be returned to and preserved by the clerk of circuit court. 212 (e) The fire marshal and his deputies and assistants shall have the authority 213 to arrest, to procure and serve warrants of arrest and to issue summonses in the 214 manner prescribed by law, for violations of chapter 12 of the City Code and fire 215 safety and related ordinances and laws of the city and state. The authority granted 216 in this section shall not be exercised until such person has satisfactorily completed 217 a training course for fire marshals and their assistants, which course shall be 218 approved by the Virginia Fire Services Board. 219 (f) The fire marshal and his designated deputies and assistants shall have 220 the same powers as a sheriff, police officer, or law enforcement officer. The 221 investigations of all alleged offenses pursuant to Title 27 of the Code of Virginia, as 222 amended, shall be the responsibility of the fire marshal or his designee. The police 223 powers granted in this section shall not be exercised by the fire marshal or any 224 deputy or assistant until such person has satisfactorily completed a course 225 designed for fire marshals with police powers and approved by the Virginia Fire 226 Services Board. In addition, such person with police powers shall continue to 227 exercise those police powers only upon participation in and satisfactory completion 228 of in:service and advanced courses as shall be required and approved by the 229 Virginia Fire Services Board. 230 Sec. 12-26. Background investigations of applicants for employment. 231 In order to determine if any of fire past (nal conduct of any would be compatible with applicant nature r 232 employment with the department protection 233 of the position under consideration, the following procedure shall be followed: 234 (1) Each such applicant shall furnish a classifiable set of fingerprints to the 235 department of police. 236 (2) The chief of police and members of the department of police acting in his 237 name, and the fire chief of fire protection or an investigator designated by 238 the fire chief within the fire department of fire protection, 239 are authorized to conduct a field investigation and directed to conduct 240 criminal record checks on each such applicant. 241 (3) The chief of police or a member of the police department acting on his 242 behalf, or an investigator designated by the fire chief of fire protection 243 within the fire department of fire protection, shall prepare a factual 244 summary of the background investigation and criminal records check of 245 each firefighter applicant and transmit such summary to the fire chief of 246 fire protection for the purpose of determining the fitness of the applicant. 247 (4) Background investigations and records checks include records of all 248 arrests and dispositions as an adult. Records of arrests and dispositions, 249 while an applicant was considered a juvenile, shall be transmitted only 250 when authorized by court order, court rule, court decision, federal 251 regulation or state statute authorizing such dissemination. 252 (5) Criminal history records and information shall include arrest and 253 disposition data on file in the national crime information center, the federal 254 bureau of investigation, the department of defense and all other federal, 255 state and local law-enforcement agencies. 256 (6) Any applicant who is denied employment on the basis of the investigation 257 summary referred to in this section may inspect that summary for the 258 purpose of clarifying, explaining or denying the accuracy of its contents. 259 (7) The chief of police and members of the police department shall make no 260 other dissemination to the fire chief of fire protection regarding the fitness 261 of firefighter applicants, except in the official summary report referred to in 262 this section. 263 (8) Use of criminal history record information disseminated to the fire chief of 264 fire protection shall be limited to the purpose for which it was given and 265 may not be disseminated further. 266 Sec. 12-27. Authority of chief or other office in charge when answering alarm or 267 extinguishing fire. 268 (a) While the fire department of fire protection or any volunteer fire company 269 in the city is in the process of answering an alarm of fire or operating at an 270 emergency incident where there is imminent danger or the actual occurrence of fire 271 or explosion or the uncontrolled release of hazardous materials which threaten life 272 or property and returning to the station, the fire chief of fire protection or other 273 officer in charge of such department or company at that time shall have the 274 authority to maintain order at the emergency incident or its vicinity, direct the 275 actions of the firefighters at the incident, keep bystanders or other persons at a safe 276 distance from the incident and emergency equipment, facilitate the speedy 277 movement and operation of emergency equipment and firefighters, cause an 278 investigation to be made of the origin and cause of the incident and, until the arrival 279 of a police officer, direct and control traffic, in person or by deputy, and facilitate the 280 movement of traffic. The fire chief of fire protection or other officer in charge shall 281 display his firefighter's badge or other proper identification. Notwithstanding any 282 other provision of law, this authority shall extend to the activation of traffic-control 283 signals designated to facilitate the safe egress and ingress of emergency 284 equipment at a fire station. 285 (b) Any person refusing to obey the orders of the fire chief of fire protection or 286 his deputies or other officer in charge at the time, given pursuant to this section, 287 shall be guilty of a Class 4 misdemeanor. The fire chief of fire protection or other 288 officer in charge shall have the power to make arrests for violation of the provisions 289 of this section. 290 . . . . 291 Sec. 12-29. Loitering about firehouses-or fire or EMS stations 292 (a) No person shall loiter about any firehouse or fire or EMS station unless he 293 is a member or employee of the fire department or EMS department of fire 294 protection whose duties require his presence there. 295 (b) A violation of this section shall constitute a Class 1 misdemeanor. 296 . . . . 297 Sec. 12-41. Adopted 298 Pursuant to the provisions of Code of Virginia, Chapter 9, Title 27, the fire 299 department of fire protection is designated and authorized to enforce that certain code 300 known as the Virginia Statewide Fire Prevention Code, as promulgated by the Board of 301 Housing and Community Development of the Commonwealth of Virginia, save and 302 except such portions as may be modified or amended in this article, of which code a 303 copy has been and is now filed in the office of the city clerk, and the same is hereby 304 adopted and incorporated as fully as if set out at length herein and the provisions 305 thereof shall be controlling within the limits of the city. 306 Sec. 12-42. Definitions 307 The following words and terms, as used in the fire prevention code adopted by 308 section 12-41, shall have the meanings ascribed to them below: 309 (1) Wherever the words "name of jurisdiction" are used, they shall mean this 310 city. 311 (2) Wherever the term "fire official" is used, it shall mean the chief of the fire 312 department of the city or his duly authorized representative. 313 (3) Wherever the term "legal counsel of the municipality" is used, it shall 314 mean the city attorney of the city. 315 316 Sec. 12-45. New materials, processes or occupancies which may require permits 317 The city manager, the fire chief and the building code administrator 318 shall act as a committee to determine and specify, after giving affected persons an 319 opportunity to be heard, any new materials, processes or occupancies which shall 320 require permits, in addition to those now enumerated in the fire prevention code 321 adopted in this article. Ther Tire her chief officeoandfire distribute copies thereof to interested post such lists in a 322 conspicuous place in his o 323 persons. 324 Sec. 12-46. Modifications 325 The fire chief of fire protection shall have the power to modify any of the provisions 326 of the fire prevention code adopted in this article, upon application in writing by the 327 owner or lessee or his duly authorized agent, when there practical difficulties in the way 328 of carrying out the strict letter of such code, provided, that the spirit of such code shall 329 be observed, public safety secured and substantial justice done. Such modifications 330 shall be subject to the approval of the city manager. The particulars of such 331 modifications, when granted or allowed, and the decision of the fire chief of firc 332 protection thereon shall be entered upon the records of the fire department of fire 333 protection and a signed copy shall be furnished the applicant. 334 . . . . 335 Sec. 12-48. Availability of copies 336 Copies of the fire prevention code adopted in this article may be obtained at the 337 office of the fire department of fire protection during regular business hours. 338 . . . . 339 Sec. 37-22. Use of fire hydrants generally 340 (a) Fire hydrants are provided for the primarysole purpose of extinguishing 341 fires, and all persons, except authorized employees or agents of the fire department of 342 firc protection and the department of public utilities or such persons as may be 343 specifically authorized by the director of public utilities, are hereby prohibited from 344 opening or using such hydrants. 345 (b) Any person authorized to open fire hydrants shall use only an appropriate 346 spanner wrench and shall replace the caps on the outlets when not in use from the 347 same. 348 {c} A _ - •_ • _ - -- _ - -e• - - - - - 4 misdemeanor. 349 Sec. 37-22.1. - Diverting or wasting water from fire hydrant. 350 Any person who shall willfully and maliciously divert or waste any public water 351 supply by tampering with any fire hydrant shall be guilty of a Class 2 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1st December day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: „1.6iFire DepartmentCity Attorney's r• i e APPROVED AS TO CONTENT: ,, / _A/, y. Aid mo mergenc r edical Services i p ment i I i APPROVED AS TO CONTENT: Police Department APPR VED AS TO CONTENT: 4%. Emergency Communications and Citizen Services APPROVED AS TO CONTENT: J � Department of Public Utiliti s CA13392 R-11 October 8, 2015 -53- Rem -VII-J.2 ORDINANCES/RESOLUTIONS ITEM#65471 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:Resolution to AUTHORIZE a Non-binding Term Sheet re Town Center Phase VI, REQUEST approval by the Virginia Beach Development Authority and AUTHORIZE supplemental project documents re a mixed- use development by Town Center Associates, LLC Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None December 1, 2015 1 RESOLUTION APPROVING A NON-BINDING TERM 2 SHEET RELATING TO PHASE VI OF THE TOWN CENTER 3 PROJECT, REQUESTING APPROVAL BY THE CITY OF 4 VIRGINIA BEACH DEVLOPMENT AUTHORITY AND 5 AUTHORIZING THE DEVELOPMENT OF SUPPLEMENTAL 6 DOCUMENTS 7 8 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 9 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 10 have engaged in extensive negotiations with representatives of Armada/Hoffler 11 Development Company, L.L.C., and its affiliates, regarding the continued development of 12 a Central Business District Project known as "The Town Center of Virginia Beach" (the 13 "Project"); 14 15 WHEREAS, the Project is a development arrangement between the Authority and 16 Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 17 development utilizing the structure of an economic development park in the B-3A 18 Pembroke Central Business Core District, an area of the City that is zoned to optimize 19 development potential for a mixed-use, pedestrian-oriented, urban activity center with 20 mid- to high-rise structures that contain numerous types of uses, including business, 21 retail, residential, cultural, educational and other public and private uses; 22 23 WHEREAS, construction of Phases I, II, III and V are complete, and Phase IV 24 has expired; 25 26 WHEREAS, the Developer has proposed a comprehensive development plan for 27 Phase VI of the Project ("Phase VI"); 28 29 WHEREAS, the Developer and City staff have worked to develop a non-binding 30 term sheet (the "Phase VI Term Sheet"), which outlines the comprehensive 31 development plan for Phase VI; 32 33 WHEREAS, the proposed Phase VI Term Sheet was provided to City Council 34 prior to its December 1, 2015 meeting, and a summary of the Phase VI Term Sheet is 35 attached hereto as Exhibit A; 36 37 WHEREAS, the obligations of the Authority outlined in the Phase VI Term Sheet 38 will be supported by a support agreement between the City and the Authority (the 39 "Phase VI Support Agreement"), with the traditional public infrastructure costs of the 40 Phase VI of the Project to be funded in part through the City's CIP and in part through 41 the Authority's Economic Development Investment Program funds; 42 43 WHEREAS, the Phase VI Support Agreement obligations would be structured to 44 be paid, subject to annual appropriation, by the available revenue from the TIF Fund 45 and a special tax district; 46 WHEREAS, the City Council finds that Phase VI of the Project will stimulate the 47 City's economy, increase public revenues, enhance public amenities and further the 48 City's development objectives for the Central Business District; and 49 50 WHEREAS, the City Council desires that the Authority approve and execute the 51 Phase VI Term Sheet and pursue the development of supplemental documents to be 52 negotiated in substantial conformity with the terms outlined in the Phase VI Term Sheet, 53 including, but not limited to a development agreement and the Phase VI Support 54 Agreement. 55 56 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 57 VIRGINIA BEACH, VIRGINIA: 58 59 1. That the City Council approves the non-binding term sheet (the "Phase VI 60 Term Sheet") between the City of Virginia Beach Development Authority (the 61 "Authority") and Town Center Associates, LLC (the "Developer"), a summary of which is 62 attached hereto as Exhibit A and made a part hereof. 63 64 2. The City Council requests and recommends that the Authority adopt a 65 Resolution consistent with this Resolution approving the Phase VI Term Sheet and 66 authorizing its execution. 67 68 3. On behalf of the City of Virginia Beach, the City Manager and the City 69 Attorney are hereby authorized and directed to proceed with the development of 70 supplemental documents necessary and appropriate to implement Phase VI of the 71 Project substantially as outlined in the Phase VI Term Sheet. 72 73 4. The City Manager is directed to present the proposed final supplemental 74 documents to City Council for approval and to authorize the Authority to execute the 75 Phase VI Support Agreement and proceed with Phase VI of the Project. 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day 78 of December , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development Cit ttor ey CA13190 \\vbgov.com\DFS1'Applications\CityLawProd\cycom32\Wpdocs\D025\P014\00039675.DOC 11/24/15 R-1 EXHIBIT A SUMMARY OF TERMS - PHASE VI TOWN CENTER Phase VI of the Town Center Project will consist of a single-block, mixed-use development on Block 9 of Town Center(currently surface parking between the Westin Hotel and Cosmopolitan Apartments) 1. Scope of Proposed Improvements Single Block, Multi-facility, Mixed-use Development(9 Levels) First Level: Retail Space (33,000 sq. ft.) Second Level: • Zeiders American Dream Theater(300 seats/ 17,000 sq. ft.) • Restaurant (5,000 sq. ft.) • Public Plaza(11,000 sq. ft.) • Pedestrian Bridge across Central Park Avenue into the parking garage on Block 10 (Cosmopolitan Apartments) Third—Ninth Levels: 120 +/- Apartments 2. Developer Obligations Construct all improvements - estimated total cost of block (exclusive of streetscapes and pedestrian bridge) $41,310,175: • Zeiders Theater - $7,651,312 • AH coomponents (retail/restaurant/apartments) - $30,725,489 • Authority participation - $2,933,374 3. Authority Obligations A. Pay for Infrastructure Improvements: • Cost not to exceed $1,000,000 • To include streetscapes, utilities, traffic signals and pedestrian bridge over Central Park Avenue connecting the 2°d level of new building into the Block 10 Parking Garage (Cosmopolitan Apartments). B. Purchase Public Plaza and pay for costs associated with elevating the Zeiders Theater(costs not to exceed $2,933,374) 4. Zeiders Theater A. 300 seat experimental theater(approximately 17,000 sq. ft.) B. American Dream Theater Foundation (the "Foundation")to enter into a construction contract with AH for the design and construction of Zeiders Theater. C. Foundation to own Zeiders Theater and be solely responsible for all maintenance and upkeep. D. City to have right to acquire Zeiders Theater at no cost if Foundation (or successor to Foundation) ceases operating Zeiders Theater for more than six (6) months with no plan to restart operations. 5. RA Note Modification A new schedule will be added to the RA Note to increase the threshold at which the Developer can earn a credit against its annual $400,000 or$450,000 payment. The schedule will increase by the amount of debt service incurred by the Authority for the Authority Participation funded by the TIF, estimated at $211,000 annually. t a L" r{ 2airliir/il • ■ ■ ■ ■ 0 4 , i • c T ili.,, , "ow inn" ir. all a . . 110 'IOW 'kr*li,:_ ::.,..- ,.,•.,31,!:::.:;,r,' * . WIMP 401. 41.4111111°1111 -411;1 le -..*V-4..'"-4,..''',i, !I -,-.‘.;;I':-''''•1. it......,.... ..E.zi,. sp___ , . * ' '...'i ::4-1 z.:. "....' iiii7.4111 ........r...1.1 4.6........".'' 3 1,,,,,L. ti. ,Jill.- . ,,., ' 4 r.-':''''”,'rot'.:°,'.1:,r'-ri;:, ..:I' 7.74,...;.:::: ,,s,:. II ...-r--_'- 1 t _ # ., �� _ {` a '�' .: a dia' _ ..1.,.a- _C dil ! ::: _- v ii # :,:A i 1 , -,:'; - 4 .,-. _,„, .1.. ".r. qT t -w.-.r'-�- _. .1 0 1 _ o os - 3 , - -g N R .P ' ,,r.,: ,�‘i r r i V a -.11'41r 15 .4.n pp t 6 7 41 J °ill ..'"i - .. r= --CI ' 's. .......a.. - '- ,r", 7+i .w` i ' 1 3 - • '- . ' Of ' . tr, 0 . _ So ho r-s.511'.3o i ri.. ... 1" Alli 4 R ,=- I l'''' 'i i a t - Ala 6":.,t1 B I 0 Zi ^JC7 s 41111.111111V ' 01111.41V, r ti -54- Item -VII-J.3 ORDINANCES/RESOLUTIONS ITEM#65472 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE land at Princess Anne Road and Winterberry Lane to be EXCESS and AUTHORIZE execution of the necessary documents for conveyance to YNOT,LLC 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,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None December 1, 2015 1 AN ORDINANCE DECLARING APPROXIMATELY 2 0.41 ACRES OF LAND LOCATED NEAR THE 3 INTERSECTION OF PRINCESS ANNE ROAD AND 4 WINTERBERRY LANE (GPIN 1494-09-6316) TO BE 5 IN EXCESS OF THE CITY'S NEEDS AND 6 AUTHORIZING THE CITY MANAGER TO SELL 7 SAME TO YNOT, L.L.C. 8 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 11 certain 1.678 acres of land at the intersection of Princess Anne Road and Winterberry 12 Lane, which the City acquired in 2003 as a part of the Princess Anne Road — Phase IV 13 (Ferrell — Phase II) (VDOT) Project, CIP 2-305; 14 15 WHEREAS, the Property is adjacent to GPIN: 1494-90-8202, which is 16 under contract for purchase by YNOT, L.L.C. ("YNOT"); 17 18 WHEREAS, YNOT has requested to purchase the northwest 0.41-acre 19 portion of the parcel, together with a drainage easement over a strip of the remaining 20 land (collectively, the "Property"), more particularly described on Exhibit "A" attached 21 hereto and made a part hereof; 22 23 WHEREAS, YNOT has agreed to purchase the Property for $282,539; 24 25 WHEREAS, YNOT will use the Property for parking in connection with a 26 restaurant it plans to develop on the adjacent parcel; 27 28 WHEREAS, YNOT will purchase the Property in accordance with the 29 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 30 31 WHEREAS, the City Council is of the opinion that the Property is in 32 excess of the needs of the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 That the 0.41 acres of Property located near the corner of Princess Anne 38 Road and Winterberry Lane is hereby declared to be in excess of the needs of the City 39 of Virginia Beach and that the City Manager is hereby authorized to execute any 40 documents necessary to convey the Property to YNOT, L.L.C. in accordance with the 41 Summary of Terms and such other terms, conditions or modifications as may be 42 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 43 44 Further, that the revenue from the sale of the Property in the amount of 45 $282,539 shall be received and appropriated to the Holland Road Project, CIP 2-158. 46 47 This ordinance shall be effective from the date of its adoption. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 1st day of December , 2015. CA13458 11/20/15 R-1 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d017\p021\00247337.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT 6 ,C Ati ,_-_, .\ ,_ _ ,. - ___.1. \)6 Public Works/Real Estate 1I1Z5 Economic Development APPROVED AS TO LEGAL SUFFICIENCY ill . City A •me s Office EXHIBIT A LEGAL DESCRIPTION GPIN: 1494-09-6316 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon containing 0.41 acres, it being the northwest portion of that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "AREA = 1.678 ACRES", as shown on that certain plat entitled "SUBDIVISION OF LANDSTOWN MEADOWS, SECTION ONE, PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA", dated September, 1984, made by Basgier and Associates, P.C., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2397, at page 1462. TOGETHER WITH a drainage easement over a portion of the remaining City property to Winterberry Lane in a location to be approved by the City. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Landstown Meadows Associates, L.L.C. by deed dated March 18, 2003 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20030409000541780. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY PART OF GPIN #1494-09-6316 SELLER: City of Virginia Beach BUYER: YNOT, L.L.C. t/a YNOT Italian ("YNOT") PROPERTY: 0.41 acres of land to be subdivided from the City's parcel located at Princess Anne Road and Winterberry Lane (GPIN 1494-09-6316), together with a drainage easement connecting the land to be sold to Winterberry Lane in a location to be approved by Seller. SALE PRICE: $282,539 CONDITIONS OF SALE • Buyer will be responsible for rezoning the Property from AG-2 to conditional B-2. • The Property will be subdivided and new plats put to record. The City will prepare the plat severing the Property from the remainder of the City's existing parcel and creating a separate parcel comprising City's remaining land. • Buyer has an adjacent parcel under contract for purchase (the "Project Property"). Buyer will be responsible for the final resubdivision plat, which shall eliminate the interior lot lines between the Project Property and the Property. • The Property will be used in connection with the Project Property for development of a free-standing restaurant (the "Project"). • The restaurant to be developed shall have no ingress / egress off of Princess Anne Road and/or Winterberry Lane. All access shall be through the Landstown Commons Shopping Center. • Settlement shall be either 30 days after all requirements have been satisfied or 300 days following the full execution of the Agreement of Sale. • The Buyer shall commence the development of the Project within sixty (60) days of Settlement and substantially complete it within two (2) years of Settlement. •>n rw . i- tr } k A i +' } a � + ,F ' 'r,: v4FP " t'' k54 ` yy' a K ... - . 41 • -, c' a '''''';•,X49''' amo '4r"F ;V:,44,--;.k 1 ,« " !"s his} "` a A= t " AaYAit �tit :• ,. f; , ` x1k �Gs" , � . I..1. '}� � 4 III, \ M' .r",, .,...:,,,47....„ t At t .,,,,,.. -,:„.,-,.,.,,p„,,,t::,,,v.,„!.,,,,,,,,,,,,,..,..,..::1..,.: .,, i V'rY .Y. 6 k {w '.kAa t. 1 / � 1 t°64'� k " a4"4'..;,,Kit:?..'-' *w, . yy f" u iii , , I ., f r /fr /. a 4„„\i, Msy tr ' . 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NY Id 3,LIS .INVNIWI732Id eth,h n.e rpm w es syswn omens Wei/ akar 000101 ON OM WU..mow. cihxh IMMO Yan mora ams cV✓A wman mon x '0O cv E 3NV1 A821382131NIM p Ata _ 1 Le i ID m cr 4:60 % 0 31 j F 1 IJI LIIIL� P Ai 11• � I 0111.1110 i' 1 ft [� 0 � �a nAn � � w-1.1-1-.....- .........j1 ,.Oil c.. .. ..,.1 z z LI:viA a a N I a51 w w a~O Is 3p m.e,wx UaW44 La m Y QP 11 z1 11111 H 1 l r'na acc coo z �Q oa o ,0 p. mm ..SJ z a 5o 0_ z Y d 0 0 0 Q Y 1 a CC o r_ uCC Io a � .1 ttl!iiif111% 1 ; 1 4 71 . • g = li lli l ig gi il p Ili 1$ ogi Aiil ' o?; 1+ If1 9 Z SI i g L pg� 5 Z33 E Lis II G1NIA•BE4c., r O y1, City of Vires;irzia I leach mow" ¢ 0 S Of OUR NASIONS VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER BUILDING 1 MAYOR 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms @ vbgov.com In Reply Refer to 0056710 December 1, 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 ordinance to declare land at Princess Anne Road and Winterberry Lane to be excess and authorizing its sale to YNOT, LLC. 2. I have a personal interest in TowneBank, which is located at 600 22"1 Street in Virginia Beach. 3. The applicants have identified TowneBank as a financial services provider with respect to this application, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- December 1, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, William D. Sessoms Mayor WDS/RRI -55- Item -VII-J.4 ORDINANCES/RESOLUTIONS ITEM#65473 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE a temporary encroachment into City-owned property on Central Park Avenue to TCA Block 4 Retail,LLC, re a balcony and other improvements DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE a temporary encroachment into City-owned property on Central Park Avenue to TCA Block 4 Retail , LLC, re a balcony and other improvements(GPIN)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of the City, which consent can be withheld at the City's sole discretion. Any changes to the Temporary Encroachments shall be constructed: (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. 2. Nothing herein shall prohibit the City from immediately removing or ordering the Grantee to remove, all or any part, of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice') and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then the City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense. 4. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein;provided, however, in the event of a casualty or damage to, or destruction of the Temporary Encroachments,provided the provisions of this Agreement are otherwise satisfied and the City has not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for City Council's approval of a new Encroachment Agreement,provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Area. December 1, 2015 -56- Item—VII-J.4 ORDINANCES/RESOLUTIONS ITEM#65473 (Continued) 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. 7. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a Traffic Control Plan before commencing any work in the Encroachment Area. 8. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area. 9. It is further expressly understood and agreed that prior to issuance of a right-of- way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond, or other security, in the amount of two times their Engineer's cost estimate, to the Office of Planning to guard against damage to City property or facilities during any construction. 10. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and General Liability or such insurance as is deemed necessary by the City for the Temporary Encroachments and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive General Liability Insurance in an amount not less than $500,000.00, combined single limits of such insurance policy, or policies, covering the Temporary Encroachments. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of such insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. 11. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built"plans of the Temporary Encroachments sealed by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter; and, may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. December 1, 2015 -57- Item -VII-J.4 ORDINANCES/RESOLUTIONS ITEM#65473 (Continued) 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 First day of December, 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., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 1, 2015 1 AN ORDINANCE AUTHORIZING TEMPORARY 2 ENCROACHMENTS INTO A PORTION OF CITY 3 RIGHT-OF-WAY KNOWN AS CENTRAL PARK 4 AVENUE, BY TCA BLOCK 4 RETAIL, L.L.C. 5 6 WHEREAS, TCA Block 4 Retail, L.L.C., a Virginia limited liability company (the 7 "Owners") own property located along Central Park Avenue (GPIN: 1477-55-4031-0002) 8 (the "Property"); 9 10 WHEREAS, the Owner has submitted an application for temporary 11 encroachments into the City's right-of-way known as Central Park Avenue, consisting of 12 a second floor balcony with supporting columns, footers and related improvements (the 13 "Encroachments"), as shown on Exhibits A and B-1 through B-3 attached hereto; and; 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That pursuant to the authority and to the extent thereof contained in 23 §§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Owners are 24 authorized to construct and maintain the Encroachments into City's right-of-way, as 25 shown on Exhibits A and B-1 through B-3, attached hereto and made a part hereof. 26 27 2. That the Encroachments are expressly subject to those terms, conditions 2 8 and criteria contained in that certain encroachment agreement between the City of 29 Virginia Beach and the Owners (the "Agreement"). 30 31 3. That the City Manager or his authorized designee is hereby authorized to 32 execute the Agreement, and such other terms, conditions and modifications as may be 33 acceptable to the City Manager and in a form deemed satisfactory by the City. 34 35 4. That this Ordinance shall not be in effect until such time as the Owners 36 and the City Manager or his authorized designee execute the Agreement. 37 38 De Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day 39 of , 2015. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AN ate. Public Works/ Real Estate \\_ ad City Attorney APPROVED AS TO CONTENT f - Economic Development CA13457 \\vbgov.cam\DFS1\Applications\CityLawProd\cycom32\W pdocs\0004\P018\00188303.doc R-1 November 20, 2015 1 ' • .. 51,----;'p\G ST 12 TOWN CENTER CONDOMINIUM 4 15"RCP STAN - GPIN 1477-55-4031 /NV N,5.66 I I -..,,..N. � E AREA=96,187 SF (� 1 E OR 2.208 AC INV(NE)=654 v \_ /N!/(SE)=685 • 11 STAMPED ...\'d>,.. _A o (INSTR. No. 200301300013192) /NV(5)=5.65 I CONCRETE �N�C, � C i STCO• BENCH ( /' 14.5'. II LJJ 13.5' 1 i--- --� 1 BRICK PAVERS - -w _ — .. e 1' L r LP COLUMN 'X4' PROOSED PLANTER1. EBOX BALCONY . '. FOOTING FREE I BR/CK O PARK/NG" I PAVERS N N r —� r • PROPOSED COLUMN SIGN —p 0 O ,,) I III I. (-DP) a COc0 ' I 4X4 M M LI_. , z \ • � , • .COMM• I EX/STING F001/NG o r oil • BOX . FENCE N I o� (TYP) O Q � z I I. I IA _J W W r Z I . ' 13.5' i1 � Ni o TP I 'I Q �- . 15""ELM 1 L — J /222 Q 0 I 14.5' EX/ST/NG 2 STORY z N . I BR/CK BU/LD/NG 5 N .—J c.:'''' r FF-13.16' • TP TREE \ O "-Li P OTECTION ..\\.. .. 1 BOLLARD 10 0 10 20 4\ � \ • LIGHT O .\ (TYPE . • • • A Ns 1 INCH = 10 FT SSMH i?! # OTJ u, \ \ RI/W 12.35 \ EX/SUNG CALIFORNIA INV(NJ=336 • • �_ .� o R/W PIZZA KITCHEN /NV(SE�=326 • • F� (INVERTS CALCULA 15"ELM \\\ Oil r FFROR CONSTRUCT/ON\ •, • l2 O \ ti '-9- TRASH CAN PLAN) r TREE \ BRICK OS. -1g, �� PROTECTIO PAVERS c-'6%,8, "NO PARKING'SIGN STCO ,\\ EXHIBIT 'A' MI•.M.^.11 MSA, P_C _ ■�1111IE1 INN SHOWING NMI k11/1 !I■ EnvimnmentalSciences•Planning•siwccyy�tng AREA OF ENCROACHMENT E11112.1111'IM Civil&Environmental Engineering•Landscape Architecture ■.1■Ww►7■ FOR 1.�,A1:!1" . 5033 Rouse Diive,Virginia Beach,VA 23462 PROPOSED BALCONY ADDITION FOR ��Gsc��� 's'49°-9264�or�> 's'-490-0634(Eax) www.msaonline.com TOWN CENTER CITY CLUB VIRGINIA BEACH, VIRGINIA PROD. NO.: 15148 AUGUST 27, 2015 DATE: 11/20/15 SCALE: 1" = 10' E2c/-1J6/T 6- 1 „9 ii0-,ZZ • „9-,G " „0-,o ii „0-,i7 t„0-,Z t nQ—iQ 1 ,,8—,Z ( ) ( , . _ . z Q z N 0 II )L 0 5— 111 iii 11--- 4010111* K / 11 t -1 uazkD II CLIZID1 --111 -_ O Q AL _ IF— f D 4 I,, o ® n {I EX/I e%T 8 -0 ' Illlllll(JIIi11111111111111111Lllllllllllllllll� iI u - 0 11 I', •1 ii 11 ( i) AL J.. Q Q T 110 IY II0 IV IIt IL 11� I�+ 01) 11g II 9 9 i ri „0-.C31 • • 110-I,/' Ex/4191T /g--. ( D 4 w - f- v - dd� z _ � -YZ v 4 p II d vQ �I - z Ro = v Lu � 11.1 Di .< H a § 0T)= dz z � Zz � �; � � Q � z CZ Q _1Q CZ m0 CZdX D_ ts, m iU to t..) l) fL Da ,.0 f----- L � I f- J UJZ n - CZ illZ. QCZ s ..,- '- 0 - i LL i Ili E w ak II i{ D kni o - - - X16 I IT K k- 14 4, Q Q • Q II O-iy IIO-IZ •43-18 1IV-IZ lig 119 119—.G • I.O—,31 a a IIO—,ZZ l3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT (this "Agreement"), made this 19th day of October, 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, "Grantor", "City"; and TCA BLOCK 4 RETAIL, L.L.C., a Virginia limited liability company, "Grantee"; and TOWN CENTER CONDOMINIUM 4 OWNERS ASSOCIATION, INC., a Virginia nonstock corporation (the "Association", and a "Grantee"for indexing purposes. WITNESSETH: WHEREAS, Grantee is the owner of the "South Retail Unit" (the "Grantee Property"), a condominium unit created under that certain Declaration of Condominium of Town Center Condominium 4 dated as of December 12, 2002, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"), as Instrument No. 200301300013195, and related instruments, as same may be amended from time to time (the "Condominium Instruments") pursuant to which the condominium known as "Town Center Condominium 4" (the "Condominium") was created on Town Center Block 4; WHEREAS, the Association is a condominium owner's association which has been formed to perform certain administrative and operational functions on behalf of the Condominium and which is empowered to execute agreements for services for the Condominium; Grantee Property GPIN: 1477-55-4031-0002 (CITY RIGHT OF WAY—NO GPIN REQUIRED OR ASSIGNED) WHEREAS, Grantee desires to construct certain improvements attached to the Grantee Property that include certain structures and improvements which extend beyond the boundaries of the Grantee Property and encroach onto property owned by City being the right-of-way for Central Park Avenue (the area on which the Temporary Encroachments (as defined below) exist shall be referred to herein as the "Encroachment Area"), which encroachments consist solely of a second floor balcony with supporting columns, footers and related improvements (collectively, the "Improvements"), the location of which is more particularly shown on Exhibits A and B-1 through B-3 attached hereto. The Improvements are referred to herein as the "Temporary Encroachments"; WHEREAS, the Grantee desires, and the City has agreed to permit the Grantee, to temporarily construct and maintain the Temporary Encroachments in the Encroachment Area subject to terms of this Agreement.. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee temporary permission to construct, retain and use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. 2 Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to 3 reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments, and all insurance policies must name the City as additional named insured or loss payee, as applicable. 4 The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of such insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are 5 allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. The Association executes this Agreement for the purposes of acknowledging its requirements and, to the extent it has or may have any obligations hereunder pursuant to the Condominium Instruments, accepting responsibility for same. The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Grantee's leasehold interest in the Grantee Property, the rights and obligations of the Grantee hereunder shall transfer automatically to the transferee of the Grantee's leasehold interest in the Grantee Property, and the transferor of the Grantee's leasehold interest in the Grantee Property shall be released from all liability arising from facts or circumstances arising after the date of recordation of the instrument transferring the Grantee's leasehold interest in the Grantee Property. IN WITNESS WHEREOF, the Grantee has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company, and the Association has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind the corporation. Further, that the City of Virginia Beach has caused this agreement to be executed in its name and on its behalf by its City Manager, or authorized designee, and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 7 TCA BLOCK 4 RETAIL, L.L.C., a Virginia limited liability company By: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company, MANAGER By: Louis S. Haddad, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this )'Tiay of , 2015, by Louis S. Haddad, Manager of Armada Hoffler Manager, LLC, a Virginia limited liability company, Manager of TCA Block 4 Retail, L.L.C., a Virginia limited liability company. ''!!-�� N tary Public Notary Registration Number: !<./ga ii „�`��OE$ , My Commission Expires: ,110 J 1W St . //////////////:--• ., s�.,, 0 0= m o .r4� ,T•t �� i .6 '•9l 'Of VIR''''';''''``. 8 TOWN CENTER CONDOMINIUM 4 OWNERS ASSOCIATION, INC., a Virginia nonstock corporation By: Louis S. Haddad, President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1� day of LOVJ 2015, by Louis S. Haddad, President, on behalf of Town Center Condominium 4 Owners Association, Inc., a Virginia n• oc corpo'-tion. Notary Public {j H 1�OSS 114/10\Notary Registration Number: & d0 ;� 1 y...��cy / i ; O; PUBLIC My Commission Expires: 1I / ,.f :* REG.#221082 * MY COMMISSION o ' EXPIRES 1,"*." '',711/EAtTli 0% APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE DEPARTMENT S:1Clients1607510091Encroachment Agreement-vi.doc 9 5%PVG 4 ST 12 TOWN CENTER CONDOMINIUM 4 15"RCP STAIN 1477-55-4031 RLM=11.83 • 1 I AREA=96,187 SF INV(N)=5.66 • . 11 \ \ OR 2.208 AC /NV(NE)=6.84 v I \ /NV(SE)=683 , • •. 1I STAMPED \'`S'`��.. o (INSTR. No. 200301300013192) /NV(5)=5.65 • I CONCRETE �N��, P. rT • SII \[O LA I I• STCO I BENCH 1 r _ - V. •I. 11 I 13.5' I r--- --- • KV L __, L BRICK PAVERS Z - __w- - - e LP ‘ f :C00X0L4T tPLANTER . PROPOSED EBOXUMN BALCONYING C3 FREE I • BRICK ( ) a PARK/NG'" I PAVERS r , r ■ PROPOSED COLUMN S/GN . ❑ p I. �,; •• 1 �I I (TYP) k to co < 00 l.- • I 4X4 ►`� M L — or z r0 • . • O, •I COMM' EX/ST/NGFOOTING03;Ii _r4C N— J 0 � � I r a0 • TP I I E- N cn n `- 15• I "ELM ' L- J /222 a o ❑ 14.5' EX/ST/NG 2 STORY z BRICK BU/LD/NG �„ J �QFF-1316' S TP (1\ TREE o ri, P OTECTION .\ \ \`• BOLLARD u, 10 0 10 20 \ . LIGHT u, y2 (TMJm m No mum SSMH \, •IRASh^CA S• \ 1 INCH = 10 FT R/M=12.35 \\ EX/SJ7NG CALIFORNIA INV(N)=3.36 • • •. r= - o_ RA/ PIZZA KITCHEN /NV(SE)=3.26 \c,.... (INVERTS CAL CULA 15"ELM \\ 0\'ll FROM CONS/RUCTION \ BRICK 4/ , 2`9 PLAN) `9 TRASH CAN "NO PARK/NG""SIGN C'. TP 564 PROTECTIO PAVERS `shy \ . -• STCO ,\\ 4' EXHIBIT 'A' ■■,■■^■■ MSA, P_C_ ■■11\Id 1■■ SHOWING ■■1 WWI ME Environmental Sciences•Planning•Surveying AREA OF ENCROACHMENT ■■''ILL'111M civil&> '�i 'ralEngineer;ng•LandscapeArchitecture ■■■■117■ FOR ■■■prknot■ 5033 Rouse Drive,Virginia Beach,VA 23462 PROPOSED BALCONY ADDITION FOR ■■IZI-'■■■ 757-490-9264(Ofc) 757-490-0634(Fax) ■■C'C,■■ www.msaonlme.com TOWN CENTER CITY CLUB VIRGINIA BEACH, VIRGINIA PROJ. NO.: 15148 AUGUST 27, 2015 DATE: 11/20/15 SCALE: 1" = 10' E'l,t/T 6- 1 N9 .0-,ZZ . 0 9-G / .0-�}r i��0-�Z I ��Q-�8 ��8-�Z , _ , p Q _ . ID 0 d z n = bI riiiiiiin _tie PAN Val k r .< _ ,___.r , = rr Q W . -_ p w ? Lu _ o fyo � Lu � ° � ° AL E— n /1 Ex Hi err 8 -0 tt , 111IIfIIUlIlIIIIlllllllllllllllllllllllIIIII]ltJ lD 4 ,� _ X 0 A#014)H _ > Hi , t_ Hi tj „o-,t7 ..o-,z ,,3-,e „Q-.z 9 „9-'G „0-,81 • „o-,Zz /� Ex/416i T 43-.3 ( D 4 LU o l§ w -' `' Z < ja II f < g D. � � w _ � . 1, w z 11114 Lu n = Q Z § O 1V- i � 01I- Q > K � � � zXzz 1 MLU ,� M Q � z IL m `• 0 V —► v � n 0_ tfl mwtn V [L = rA ki o_ m w _ / L D 4 X V X - LU z n - -! _ ' '_ 0 S AT, w � w � Mi '-- - - I II— D 4 kil o i - o0-1 v Ido Iz uV-JV IIV—Z oe . i _.. 9 09-i€ i3O-,(31 .,0-,CE 13 M [=] C) O i 1— J �' (0 J N r z �� �I WJN U- C3 ONr Nr = Q O d� a I, O J' " i— /-- < W i j � Q 2�4_NOIlf111LSN00 2 C4 W c w I- Z z Y s -- _ v _ ( OW o 1 r CO QIJti 2 I � � 00 t) ' oo g L _ ti J a -104Z I- } 10. z1O " U } Q` 210 1:131N30 NMOL I I1 1, il 1 [ H ?.i m __ - i , j U - 41 Q 3A`d)12:IVd 1t1N30 1 LU 00 LJ •l 1 Q , tt , ' Z t I 0 —J L-- 1 I 1 lS 13NUVW 1S 13Ni2JWW w lit U W �, SZ— y c 1 ( 0 L N I,—^ L i L M O , N L1 N II I( m 1 z 9/ \ '- ['l , cow ? ,� N a W m , cn Z co 6 d o - aA18 30N3GN3d34 OKte 30N34�!3d36 — a W ---._-- _._- .____-_, \,.,. c V co a E, A ii, , , , , , _ .J ED_ 1 l - J a. -58- Item -VII-J.5 ORDINANCES/RESOLUTIONS ITEM#65474 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ALLOW a six (6) month extension to satisfy conditions of a previously approved closure of Circle Lane as requested by Thomas C. and Lisa D. McKee 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 December 1, 2015 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 5,573 SQ. FT. 4 PORTION OF AN UNIMPROVED RIGHT-OF- 5 WAY KNOWN AS CIRCLE LANE 6 7 WHEREAS, on December 9, 2014, the Council of the City of Virginia Beach 8 acted upon the application of Thomas C. McKee and Lisa D. McKee (collectively, the 9 "Applicant"), for the closure of an unimproved 5,573 Sq. Ft. (0.128 acre) portion of Circle 10 Lane between Cedar Point Road and Hill Road; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3387D) to close the 13 aforesaid right-of-way, subject to certain conditions being met on or before December 8, 14 2015; and 15 16 WHEREAS, on November 5, 2015, the Applicant requested an extension of time 17 to satisfy the conditions to the aforesaid street closure action; 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on December 9, 2014 (ORD-3387D), upon application of Thomas C. McKee 24 and Lisa D. McKee, is extended to June 8, 2016. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1st day 27 of December , 2015. 28 29 GPIN: Right-of-way/ No GPIN assigned 30 Adjacent to GPINs: 2418-67-2070 and 2418-67-2141 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Oita(' tomizz-v-v City Attorney Pla ing I'partment CA13460 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D012\PO16\00060960.DOC R-1 November 18, 2015 . 1' y .ri a i Mry tZs G Sr O. U a U ►4.i NCI 1d 2iYQ9 a _. 0 w co) } z ._. C ,,, _A VI 77.sek cn Ili" z -a i 4 0 b „al '40 e Q c a 3 NI -59- Item—VII-J.6a ORDINANCES/RESOLUTIONS ITEM#65475 Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to REAPPROPRIATE and TRANSFER School Funding: a. $12,894,051 in FY-2014-2015 Reversion Funds • $ 1,600,000 to Risk Management • $ 8,299,318 re anticipated shortfalls • $ 2,994,733 to the Reserve Special Revenue Fund: • $1,600,000 for fleet replacements • $ 808,812 to Technology • $ 285,921 for white fleet replacements • $ 300,000 for SOL improvements 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 December 1, 2015 1 AN ORDINANCE TO APPROPRIATE FY 2014- 2 15 SCHOOL REVERSION FUNDS 3 4 WHEREAS, on November 17, 2015, the School Board adopted a resolution 5 requesting the City Council re-appropriate funds that lapsed and reverted at the end of 6 FY 2014-15 and funds that exceeded anticipated revenue estimates for FY 2014-15; 7 8 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That $12,894,051 is hereby appropriated in the FY 2015-16 Operating Budget 12 from the fund balance of the General Fund in the amounts and for the purposes set 13 forth below: 14 15 1. $1,600,000 to the Schools Risk Management Fund to cover the estimated 16 shortfall in the current fiscal year; 17 2. $8,299,318 to the School Reserve Special Revenue Fund to address the 18 anticipated budget shortfall in FY 2016-17 and other unanticipated 19 emergencies; and 20 3. $2,994,733 to the Schools Operating Budget in the amounts set forth below: 21 22 • $1,600,000 to the Transportation Classification for replacement buses 23 and other fleet replacements; 24 • $808,812 to the Technology Classification for a local match to a grant 25 that will upgrade wide-area network edge and distribution switches; 26 • $285,921 to the Operations and Maintenance Classification for white 27 fleet replacement vehicles; and 28 • $300,000 to the Instructional Classification to provide support for SOL 29 improvements. AdbM�tred by the Council of the City of Virginia Beach, Virginia, on the 1st day of Decem 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: ) .&NcitA Budget and anagement Services City At • ney' 'office CA13529 R-1 November 19, 2015 1 1 1 School Board of the City of Virginia BeachVIRGINIA BEACH CITY PUBLIC SCHOOLS Daniel�Edwards,Districtz-Kempsville,Chair � ^ ^ * r ^ n or 1ne cup . : Beverly M.Anderson,At-Large,Vice Chair Sharon R.Felton, District 6-Beach School Administration Building$6.Municipal Center Dorothy M.Holtz,At-Large 2512 George Mason Dr. P.0.Box 6038 Joel A.McDonald,District 3-Rose Hall Virginia Beach,VA 23456 Ashley K,McLeod,At-Large (757)263-1000 Kimberly A.Melnyk,District 7-Princess Anne cxuuvmT'�e.o���s-�n,ha"en MISSION STATEMENT Elizabeth E.Taylor,At-Large The Virginia Beach City Public Schools,in partnership with the entire Leonard C.Tengco,District 1-Centerville community,will empower every student to become a life-long learner who is a responsible,productive and engaged citizen within the global Carolyn D.Weems,District 4-Bay5ide community. 4amn[Spence,c Ed.D.,o,Superintendent RESOLUTION REGARDING FY 2014/15 REVERSION AND REVENUE ACTUAL OVER BUDGET FUNDS WHEREAS, On September 15, 2015 the School Board was presented with a summary of the unaudited financial statement for FY 2014/15 (year-ending June 30, 2015) showing the reversion amount to the City's General Fund; and WHEREAS the estimated funds available for re-appropriation is $12'316.533; and \ � WHEREAS,the City is currently indicating an FY 2014/15 revenue actual over budget of the revenues included in the Revenue Sharing Formula of which the Schools portion is $577,E18; and WHEREAS, the net reversion funds available for re-appropriation is $12,894,051; and WHEREAS,the Administration recommends the following for the available funds in the amount of $12,894,051: • $1,600,000 to the Risk Management Fund 614 to cover the estimated current year shortfall • $1,400,000 to the Operating Fund 115 - Transportation Category to purchase 14 replacement school buses • $200,000 to the Operating Fund 115—Transportation Category for Bus Garage Fleet replacement • $808,812 to the Operating Fund 115 Technology Category as a required local match to upgrade the Wide Area NetaorkEdgeandDistnbutionSwitches.Thetota| costforthispuojec1ispr jected at $1,988,820.27. USAC has approved SI,l8O'OO7.5lunder the E'Ratefor this initiative • $285'92I to the Operating Fund 115—Operations & Maintenance Category for White Fleet replacement vehicles • $3OO.UO010the Operating Fund 115—InstructIonal Category to provide support to schools for SOL improvement � ^ and collaborative planning time for teachers • $8,299,318 to be re-appropriated to the School Reserve Special Revenue Fund to cover expected revenue shortfallsintheFYZOI6'l7FuxdIl5 �choo| Opee�ng8udge��and NOW,THEREFOREBE IT RESOLVED: That the School Board approves the recommended uses of the FY 2014/15 Reversion and Revenue Actual Over Budget funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re-appropriation of FY 2014/15 Reversion Funds shown above: and be it FINALLY RESOLVED:That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council,the City Manager, and the City Clerk. Adopted by the School Board of the City of Vir ia Beach this 17(1 day of November 2015 Daniel D. Edwards, Chairman SEAL Attest: - ` � � -�^�«14o—x�nm^A- Dianne P. Alexander, Clerk the Board __ -60- Item -VII-16b ORDINANCES/RESOLUTIONS ITEM#65476 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to REAPPROPRIATE and TRANSFER School Funding: b. $1,776,265 within the FY 2015-2016 Schools Budget • $ 7,309 to Transportation • $ 7,964 to Maintenance • $ 497,572 to Technology • $ 22,500 to Instruction • $ 7,170 to Technology • $ 253,871 to Technology • $ 896,879 to Technology • $ 8,000 to Instruction • $ 75,000 to Administration $367,094 within the FY 2015-2016 Green Run Collegiate Charter School Fund • $ 12,000 to Technology • $140,966 to Instruction • $ 9,000 to Administration • $189,128 to Transportation • $ 16,000 to Technology 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 December 1, 2015 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE 2 SCHOOL OPERATING BUDGET AND GREEN RUN 3 COLLEGIATE CHARTER SCHOOL FUND 4 5 WHEREAS, the School Board requested, by resolution adopted November 17, 6 2015, a transfer of funds from various classifications in the School Operating Fund and 7 the Green Run Collegiate Charter School Fund for recruitment advertisements, printing, 8 maintenance agreements, gifted testing, web-based service, on-line testing, software 9 upgrades, iPads and covers, printers, printer cartridges, computers, monitors, computer 10 supplies, laptops, software, and technology services. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That $1,776,265 is hereby transferred within the FY 2015-16 Schools Operating 16 Budget in the amounts set forth below: 17 18 a. $7,309 from the Instruction Classification to the Transportation Classification; 19 b. $7,964 from the Instruction Classification to Operations and Maintenance 20 Classification; 21 c. $497,572 from the Instruction Classification to the Technology Classification; 22 d. $22,500 from the Administration Classification to the Instruction Classification; 23 e. $7,170 from the Administration Classification to the Technology Classification; 24 f. $253,871 from the Transportation Classification to the Technology Classification; 25 g. $896,879 from the Operations and Maintenance Classification to the Technology 26 Classification; 27 h. $8,000 from the Technology Classification to the Instruction Classification; and 28 i. $75,000 from the Technology Classification to the Administration Classification. 29 30 2. That $367,094 is hereby transferred with the FY 2015-16 Green Run Collegiate 31 Charter School Fund in the amounts set forth below: 32 33 a. $12,000 from the Instruction Classification to the Technology Classification; 34 b. $140,966 from the Operations and Maintenance Classification to the Instruction 35 Classification; 36 c. $9,000 from the Operations and Maintenance Classification to the Administration 37 Classification; 38 d. $189,128 from the Operations and Maintenance Classification to the 39 Transportation Classification; and 40 e. $16,000 from the Operations and Maintenance Classification to the Technology 41 Classification. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of December , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: cOi U � Budget and Management Servic s -cry Att me 's Office CA13530/ R-1 / November 19, 2015 I � � I I School Board of the City of Virginia Beach \IIRG8NIA BEACH CITY PUBLIC SCHOOLS Daniel oEdwards,District z-xempsville.Chair * ro , THE CUR VE Beverly M.Anderson,At-Large,Vice Chair Sharon R.Felton,oimncts-ae»c^ School Administration Building 146,Municipal Center Dorothy M.Holtz,At-Large 2512 George Mason Dr. P.aBox 60oe District �oe>o`mcoona|d' a-Rose Hall Virginia Beach,VA 23456 Ashley K.McLeod,At-Large (757)263-1000 Kimberly A.Melnyk,Oitnict 7-Princess Anne Carolyn T.Rye,District5-4/nnxavcn MISSION STATEMENT � [ Elizabeth E.Taylor,At-Large The Virginia Beach City Public Schools,in partnership with the entire Leonard C.Tengco.District 1-Centerville communitywiUempvwe,evcrv�uUcnt»obaomea\��mqu|ev,ne, ^ who is a reproductive citizenCarolyn D.weem�oi�,)#*-eavude�i�h)n,h��}oba| community. Aaron C.Spence,Ed.D.,Superintendent RESOLUTION REGARDING FY 2015-16 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS WHEREAS,the City of Virginia Beach,Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Category;�d major WHEREAS,the School Administration of schools and require u$eguhoa0undtransfers to enable such purchasesuch as: recruitment advertisements, printing, maintenance agreements, Gifted Testing, web-based services, online testing, software upgrades,iPads and covers,printers,printer cartridges.computers,monitors,computer supplies,laptops,software,technology services;and WHEREAS,the budget upload for FY 2015-16 for the Green Run Charter School(CRC), Fund 104 was incorrect and therefore categorical transfers are required:and WHEREAS,the following budget transfers are recommended by the School Administration: • $7,309Total cd �mm�peugin0Fund11�-|nNmc�m�oFomd115'T�nopo¢d�m Operating o Total cd$$7.964from Operating Fund 115' Instruction to Operating Fund 115 Operations&Maintenance • $497,572Total ofhomOpa��ngFund11S'��md|nn�oOpmm1ingFund115'TmchnvbVy • Total of$22,50from Operating Fund 115-Administration to Operating Fund 115-Instruction • Total of$7,170 from Operating Fund 115—Administration to Operating Fund 115-Technology • Total of$253 871 from Operating Fund 115 Transporlabon to Operating Fund 115 Technology • Total of$896,879hnmOpun�ingFund115-Opwng�ns&N�nanonoe�Opoo�ngFUnd116'Tnuhn��� • Total of$8,000 from from Operating Fund 115 Technology to Operating Fund 115 Instruction • Total of$75,000 from Operating Fund 115-Technology to Operating Fund 115-Administration • $12,000Total dhom 8RCFund1D4'\ndm�on�8RCFumd184'Toohno|ogy * Total cd$14U.966from CRC Fund 104-Operations&Maintenance to CRC Fund 104 -Instrucon • Total o|$9,0Nfrom 8RCFund 1O4-Operations&Maintenance to GRC Fund 104-Administration • Total of$109`128from 8RCFund 104'Operations&Maintenance NGRCFund 1U4'Transportation o Total of S18.O00from 8RCFund 104'Operations&Maintenance UnGRCFund 1O4-Technology-.and WHEREAS,these transfers are also necessary to appropriately expense and account for these cross-categorical expenses;and WHEREAS,transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. \ � NOW,THEREFORE,BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds;and be i1 FURTHER RESOLVED: That the School Board requests that the City Council approvthe budget categorical/funds transfers shown above;and be it FINALLY RESOLVED: That a copy of this Resolution be spread acrosthe official minutes of this School Board,and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor.each member of the City Council,the City Manager,and the City Clerk. Adopted by the School Board of the City of Vi day of Nh 8O15 Daniel D. wards,Chairman SEAL Attest: Dianne P.Alexander,Clerk of the Board ___ ! -61- Item—VII-K PLANNING ITEM#65477 1. CHRISTINE WERNE and PEMBROKE MODIFICATION OF CONDITIONS OFFICE PARK,LP 2. BJ'S WHOLESALE CLUB and BIRCHWOOD MODIFICATION OF CONDITION MALL ASSOCIATES ETC. 3. ROBERT McNICHOLS and REVEREND MODIFICATION OF CONDITIONS FRANCIS X. LORENZO,BISHOP OF RICHMOND 4. PORPOISE,LLC and LESLIE G.SHAW,JR. CONDITIONAL USE PERMIT 5. BAYSIDE CONCRETE,INC and BRUCE H. CONDITIONAL USE PERMIT GOULD 6. SHELA MARIE BOLLENBACHER CONDITIONAL USE PERMIT 7. YNOT,LLC and CITY OF VIRGINIA BEACH CONDITIONAL CHANGE OF ZONING 8. a. HOLLY ROAD,LLC STREET CLOSURE b. DR. JACK SIEGEL and LISA A.BERTINI STREET CLOSURE 9. CITY OF VIRGINIA BEACH CITY ZONING ORDINANCE MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#7 ITEM#9 WILL BE DEFERRED TO DECEMBER 8, 2015 December 1, 2015 -62- Item -VII-K PLANNING ITEM#65478 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items 1(MAYOR ABSTAIN), 2, 3, 4(MAYOR ABSTAIN), 5, 6, 7(MAYOR ABSTAIN), 8a/b and 9(DEFER TO JANUARY 5, 2016) of 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., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None December 1, 2015 -63- Item—VII-K.1 PLANNING ITEM#65479 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of CHRISTINE WERNE and PEMBROKE OFFICE PARK, LP for Modification of Conditions of a Conditional Use Permit re expansion of a Vocational School (approved January 22, 2013)at 281 Independence Boulevard DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CHRISTINE WERNE and PEMBROKE OFFICE PARK, LP for Modification of Conditions of a Conditional Use Permit re expansion of a Vocational School (approved January 22, 2013) at 281 Independence Boulevard (GPIN 1477353753)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on January 22, 2013, are deleted and replaced with the conditions listed below: 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 3. The applicant shall obtain a Virginia Beach Public Health permit prior to the opening of the School's and Salon's expansion. 4. Exterior building signage shall comply with the requirements of the Zoning Ordinance. 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 First day of December, 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None December 1, 2015 ��4G�Z.IIA'BE 4c U I pW City of Vir iriia Beach * r. 9 Op OUR NA11�N VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYORBUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms vbgov.com In Reply Refer to 0056718 December 1, 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 Christine Werne for Modification of Conditions of a Conditional Use Permit for expansion of a vocational school at property owned by Pembroke Office Park, LP and located at 281 Independence Boulevard. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. The property owner has identified TowneBank as a financial services provider with respect to the property that is the subject of this application, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- December 1, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, William D. essoms Mayor WDS/RRI -64- Item—VII-K.2 PLANNING ITEM#65480 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of BJ'S WHOLESALE CLUB and BIRCHWOOD MALL ASSOCIATES ETC for Modification of Condition No. 4 of a Conditional Use Permit re an Auto Service Station (approved June 26, 2001) to allow electronic display of fuel prices at 3712 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BJ'S WHOLESALE CLUB and BIRCHWOOD MALL ASSOCIATES ETC for Modification of Condition No. 4 of a Conditional Use Permit re an Auto Service Station (approved June 26, 2001) to allow electronic display of fuel prices at 3712 Virginia Beach Boulevard (GPIN 1487448869) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on June 26, 2001, are deleted and replaced with the conditions listed below: 2. Any missing or dead landscaping required with the 2001 City Council approval must be replaced prior to issuance of a sign permit for the new sign. Required landscaping includes groundcover in all islands, within the fuel sales area, the main parking lot and the building foundation. 3. Total canopy signage shall not exceed fifty(50)square feet, two (2)signs total. 4. No outside vending machines, utility trailer rentals or outside storage or display will be allowed. 5. Signs for the fuel sales shall be limited to traffic control signs, the canopy signage noted above in Condition No. 3 and the freestanding sign as shown on the submitted Sign Elevation by I.D.Associates for BJ's Wholesale, dated May 19, 2015. 6. The electronic display of fuel prices must meet all requirements of Section 217 of the City Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of December, Two Thousand Fifteen. December 1, 2015 -65- Item—VII-K2 PLANNING ITEM#65480 (Continued) 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 December 1, 2015 -66- Item—VII-K.3 PLANNING ITEM#65481 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT:Application of ROBERT McNICHOLS and REVEREND FRANCIS X. LORENZO, BISHOP OF RICHMOND for Modification of Conditions of a Conditional Use Permit re Housing for Seniors (Marion Manor) (approved February 22, 1994) to add a Chapel at 5345 Marian Lane DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ROBERT McNICHOLS and REVEREND FRANCIS X. LORENZO, BISHOP OF RICHMOND for Modification of Conditions of a Conditional Use Permit re Housing for Seniors (Marion Manor) (approved February 22, 1994) to add a Chapel at 5345 Marian Lane (GPIN 1467554743)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on February 9, 1994, are deleted and are replaced with the conditions listed below: 2. The site shall be developed substantially in conformance with the submitted exhibit entitled, "MARIAN MANOR NEW CHAPEL"dated April 22, 2015, and prepared by Collins & Kronstadt O'Neil and Partners, LLP. Exhibit is on file with the Planning Department. 3. The exterior building materials and colors of the Chapel addition shall match those of the existing building and shall be substantially in conformance with the submitted exhibit entitled, "MARIAN MANOR NEW CHAPEL" dated April 22, 2015, and prepared by Collins & Kronstadt O'Neil and Partners, LLP. Exhibit is on file with the Planning Department. This Ordinance shall be effective in accordance with Section 107(J) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of December, 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., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 1, 2015 -67- Item—VII-K.4 PLANNING ITEM#65482 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of PORPOISE, LLC and LESLIE G. SHAW, JR. for renewal of a Conditional Use Permit re a skate park at 1905 Cypress Avenue DISTRICT 6 BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PORPOISE, LLC and LESLIE G. SHAW, JR.for renewal of a Conditional Use Permit re a skate park at 1905 Cypress Avenue (GPINs 2417970299 and 2417971213)DISTRICT 6 BEACH The following conditions shall be required: 1. The skate ramps shall be located where depicted on the submitted exhibit entitled, "Porpoise Ramps", dated September 2015. 2. At all times, a minimum of fifteen (15) available overflow parking spaces shall be unencumbered and free from any skate ramps or skate obstacles for as long as the Conditional Use Permit for an Outdoor Recreation Facility is in effect. 3. The existing plant material along the Western and Northern property lines and the streetscape plantings along the rights-of-way shall remain. In the event that any of this plant material is damaged or dies, it shall be replaced in a timely manner. 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 First day of December, 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None December 1, 2015 0141A•BFAe 64 City of Viririia I leach 99� $ 5 OF OUR NAl10N 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 0056717 December 1, 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 Porpoise, LLC for renewal of a Conditional Use Permit for a skate park at land owned by Leslie G. Shaw,Jr.and located at 1905 Cypress Avenue. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. The property owner has identified TowneBank as a financial services provider with respect to the property that is the subject of this application, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- December 1, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, lo/(11/44---- William D. Sessoms Mayor WDS/RRI -68- Item—VII-K 5 PLANNING ITEM#65483 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of BAYSIDE CONCRETE, INC and BRUCE H. GOULD for a Conditional Use Permit re a Bulk Storage Yard at 408 Davis Street DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BAYSIDE CONCRETE, INC and BRUCE H. GOULD for a Conditional Use Permit re a Bulk Storage Yard at 408 Davis Street (GPIN 1467485670) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: 1. A solid row of evergreen trees shall be installed on the interior side of the existing chain-link fence located along the Eastern property line, as shown on the Site Plan entitled, "SITE PLAN FOR BAYSIDE CONCRETE, 408 DAVIS STREET. " The plant material shall be no less than six (6)feet in height at the time of planting. Species shall be approved prior to installation by the Development Service Center Landscape Architect. 2. All barbed wire fencing shall be removed from the fence along the Eastern property line. 3. The chain-link entry gate located on the Northeastern portion of the site shall be replaced with a gate constructed of solid fence materials. No barbed-wire shall be permitted on the gate. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from the adjoining property. Any outdoor lighting fixture shall not be erected higher than fourteen (14)feet from the ground. 5. No outdoor loud speaker system shall be permitted. 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 First day of December, Two Thousand Fifteen. December 1, 2015 -69- Item—VII-K 5 PLANNING ITEM#65483 (Continued) 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 December 1, 2015 -70- Item—VII-K.6 PLANNING ITEM#65484 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT:Application of HELA MARIE BOLLENBACHER for a Conditional Use Permit re a Home Daycare at 2492 Seven Kings Road DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HELA MARIE BOLLENBACHER for a Conditional Use Permit re a Home Daycare at 2492 Seven Kings Road(GPIN 2405301161)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. Children shall be dropped-off and picked-up on the subject site. To avoid vehicular congestion,pick- up and drop-off times for the children shall be staggered. 2. The hours of operation shall be Monday through Friday from 7:00 AM to 6:00 PM 3. No more than twelve (12) children may be cared for at one time. 4. The rear yard shall remain fenced. Play equipment shall be located in the fenced rear yard only 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 First day of December, 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., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 1, 2015 -71- Item—VII-K.7 PLANNING ITEM#65485 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS PROFFERED, BY CONSENT: Application of YNOT, LLC and CITY OF VIRGINIA BEACH re a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business re a restaurant at Princess Anne Road and Winterberry Lane DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of YNOT, LLC and CITY OF VIRGINIA BEACH re a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business re a restaurant at Princess Anne Road and Winterberry Lane (GPIN 1494096316) DISTRICT 7— PRINCESS ANNE The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of December, 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None December 1, 2015 Gt lA•BF,tc, ,,,,, .z , .,5, ,„._ .1..... .,..::.,?:, �, t y CITY OF VIRGINIA BEACH u i: �` - ,~° INTER-OFFICE CORRESPONDENCE O -*'irk , y✓ n, OF._-OUR'sNPt\ON In Reply Refer To Our File No. DF-9471 DATE: November 18, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilsons DEPT: City Attorney RE: Conditional Zoning Application; YNot, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 1, 2015. I have reviewed the subject proffer agreement, dated July 31, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this 71 day of July, 2015, by and between YNOT, L.L.C., a Virginia limited liability company ("YNot", to be indexed as grantor); CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("City", and to be indexed as grantor) (YNot and City hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, City is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1494-09-6316-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "City Parcel"); and WHEREAS, YNot is the current contract purchaser of an approximate .4 acre portion of the City Parcel as more particularly described in Exhibit B attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AG-2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the GPIN No. 1494-09-6316-0000 26329826x1 physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "PRELIMINARY SITE PLAN FOR YNOT ITALIAN @ LANDSTOWN COMMONS, VIRGINIA BEACH, VIRGINIA", dated February 24, 2014 (revised through July 16, 2015), and prepared by NDI Engineering Company, Basgier and Associates Division (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Any parking facility located on the Property shall not be a standalone primary use, but shall be an accessory use to a primary permitted use on either the Property or an adjacent parcel. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 26329826v1 2 All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 26329826v1 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: YNOT, L.L.C., a Virginia limited liability co .any: A A IF I ri.:,a .............._ Anthony FA/.i vestro, Manager STATE/COMMONW,, ALTH OF YAC CITY/CO TY OF rAf if �l��"'�' ,to-wit: At ttii The foregoing instrument was sworn to and acknowledged before me this 3/ day of , 2015, by Anthony DiSilvestro, in his capacity as Manager of YNot, L.L.C.,, a V rginna limited liability company. He is either personally known to me or has produced VA Niven 5 license as identification. A4 Witness my hand and official stamp or seal this 3 i day of 9 , 2015. 71/COI a-vt, (2V614^-1,1 Nbta Public (SEAL) My Commission Expires: /i— / 1 / l 1 �0�� ty,•••••••ane COb �i� �s:'�OTAgy';:.<'„, , Registration Number: a/ 0 / g \ 0: ID*210188 /3l l _Q F.-Vt. EXP �T/ 2 c FATH.../Nu .. uui , 26329826v1 4 CITY: APP 0; D� AS TO CONTENT: APPROVED AS TO FORM: Sig`.,`':M'lanning Department/ Signature-City Attorney Development Services Center ACCEPTED ON BEHALF OF THE ATTEST: CITY OF VIRGINIA BEACH,VIRGINIA ��r i•� ���� �l G 6%121, .gnature—City Clerk • y Manager Authoriz-1111iesignee of City Manager COMMONWEALTH OF VIRGINIA ) to wit CITY OF VIRGINIA BEACH,to wit: I,��► �tJ ,a Notary Public in and for the City and Commonwealth aforesaid,do hereby certify thatranx-f----) �+a � , CITY MANAGER/ A.. _ • MANAGER PURSUANT TO § 2-154 OF THE CITY CODE, whose name is signed to the foregoing Instrument, has acknowledged the same before me in my City and Commonwealth aforesaid. He/She is personally known to me. /Jr GIVEN under my hand thisa� day of r-1-0r-1-04'-� ,20 . Notary Public: (-2 7 3 O S---3 My Commission Expires: - 3 / - / yl ray S ndy t4;arie Madison r lir, a, L mirr or r;1.1 c(Virg I. (SEAL) t � NUtJrV IThi)11c: "�+'t'F LL.+,,. Y Commiss on Nn 1073053 txG°r` My ;omrnis:;ion f xplrc;;12/31/201r COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: I, `np o// 0 'a Notary Public in and for the City and Commonwealth aforesaid, do hereby certify 7et)ice "C that �O � � City Clerk for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Instrument, has acknowledged the same before me in my City and Commonwealth aforesaid. He/She is personally known to me. GIVEN under my hand this 7 day of -04 ,20 /..S Notary Public: /2 0 7.v.S.:3 �/ My Commission Expires: a . ' i- / ." Sn+, MndiF,ari- " (SEAL) 26329826v1 5 EXHIBIT A Legal Description ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "AREA=1.678 ACRES", as shown on that certain plat entitled "SUBDIVISION OF LANDSTOWN MEADOWS, SECTION ONE, PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA", dated September 1984, made by Basgier and Associates, P.C., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Deed Book 2397, Page 1462. IT BEING the same property conveyed to LANDSTOWN MEADOWS ASSOCIATES, a Virginia general partnership, by deed from LANDSTOWN INVESTORS, a Virginia general partnership, dated April 6, 1984, and filed for record April 6, 1984, in Deed Book 2324, page 2050. By Articles of Organization filed April 1, 1998 with the State Corporation Commission LANDSTOWN MEADOWS ASSOCIATES, a Virginia general partnership was converted to LANDSTOWN MEADOWS ASSOCIATES, L.L.C., a Virginia limited liability company, certificate recorded in the Clerk's Office in Deed Book 3873, page 299. 26329826v1 6 EXHIBIT B Legal Description ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and more particularly described as follows: BEING a part of property belonging to the City of Virginia Beach, Virginia as shown on that certain plat entitled, "Subdivision of Landstown Meadows, Section One"; said plat recorded in deed book 2397 at page 1462, in the clerk's office of the circuit court of the city of Virginia Beach, Virginia. It being a portion of the same property designated on the plat as, "Now or formerly Landstown Meadows Associates", having an area of 1.678 acres and located on the northern intersection of Winterberry Lane and Princess Anne Road. BEGINNING at the point located 243.09 feet, on a bearing of N 53°02'46" W from the southwestern point of curve located at the intersection of Winterberry Lane and Princess Anne Road as shown on the aforementioned deed book 2397 at page 1462; Said point also being the True Point of Beginning of the subject parcel; Thence continuing around the subject parcel in a clockwise direction the following courses and distances; N 36°57'14" E a distance of 251.57' to an iron pin found; Said pin located on the northeastern corner of property labeled as Lot 1A on instrument number 20091204001387250. Said instrument recorded in the clerk's office of the circuit court of the city of Virginia Beach, Virginia; Said Lot 1A also being the location of an existing utility building belonging to Contentental Telephone; Thence continuing on a bearing of S 61°41'46" E for a distance of 65.75 feet to a point; Thence S 36°57'14" W for a distance of 261.47 feet to a point; Thence N 53°02'46" W for a distance of 65.01 feet to the True Point of Ending. Said portion of a parcel of land containing an area of 16,675 square feet or 0.383 of an acre. 26329826x1 7 9. v city of Virgiriia Beach _ 5 Of OUR NA10 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYORBUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms @ vbgov.com In Reply Refer to 0056716 December 1, 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 YNOT,LLC's application for a Conditional Change of Zoning,AG-2 Agricultural to Conditional B-2 Community Business for property located at Princess Anne Road and Winterberry Lane. 2. The applicant has identified TowneBank as a potential financial services provider with respect to this application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. 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. Mrs. Ruth Hodges Fraser -2- December 1, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, William D. Sessoms Mayor WDS/RRI -72- Item—VII-K.8a PLANNING ITEM#65486 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, UPON COMPLIANCE, BY CONSENT: Application of HOLLY ROAD, LLC for Street Closure re portions of the unimproved rights-of-way of Holly Road at 48th Street DISTRICT 6— BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HOLLY ROAD, LLC for Street Closure re portions of the unimproved rights-of-way of Holly Road at 48`J' Street DISTRICT 6—BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verb that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1)year of the City Council vote to close the right-of-way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of December, Two Thousand Fifteen. December 1, 2015 -73- Item—VII-K.8a PLANNING ITEM#65486 (Continued) 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 December 1, 2015 1 ORDINANCE APPROVING APPLICATION 2 OF HOLLY ROAD, LLC, A VIRGINIA 3 LIMITED LIABILITY COMPANY, FOR THE 4 CLOSURE OF A 3,125 SQ. FT. PORTION 5 OF UNIMPROVED RIGHT-OF-WAY 6 KNOWN AS HOLLY ROAD 7 8 WHEREAS, Holly Road, LLC, a Virginia limited liability company (the "Applicant") 9 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 10 described unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 13 be discontinued, closed, and vacated, subject to certain conditions having been met on 14 or before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way be discontinued, closed and 22 vacated, subject to certain conditions being met on or before one (1) year from City 23 Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, designated and described as 27 "AREA OF PROPOSED STREET CLOSURE (3,125 FT. OR 0.071 28 AC)", shown as the hatched area on that certain exhibit plat 29 entitled: "STREET CLOSURE EXHIBIT OF THE WESTERN 25 30 FEET OF HOLLY ROAD (A PUBLIC R/W) (FORMERLY 3RD 31 STREET) BETWEEN 48TH STREET AND A 15 FOOT LANE (M.B. 32 6, PG. 107) VIRGINIA BEACH, VIRGINIA", Scale: 1"=30', dated 33 July 28, 2015, prepared by wpl, a copy of which is attached hereto 34 as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City Council's 39 adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 45 No GPIN (Public Right-of-Way) 46 (Adjacent GPIN: 2418-87-0831 47 Pursuant to Street Closures," approved by City Council. Copies of the policy are 48 available in the Planning Department. 49 50 2. The Applicant shall resubdivide the property and vacate internal lot lines to 51 incorporate the closed area into the adjoining parcel. The plat must be submitted and 52 approved for recordation prior to the final street closure approval. 53 54 3. The Applicant shall verify that no private utilities exist within the right-of-way 55 proposed for closure. Preliminary comments from the utility companies indicate there 56 are no private utilities within the right-of-way proposed for closure. If private utilities do 57 exist, easements satisfactory to the utility company must be provided. 58 59 4. Closure of the right-of-way shall be contingent upon compliance with the 60 above stated conditions within three hundred sixty-five (365) days of approval by City 61 Council. If all conditions noted above are not accomplished and the final plat is not 62 approved within one (1) year of the City Council vote to close the right-of-way, this 63 approval will be considered null and void. 64 65 SECTION III 66 67 1. If the preceding conditions are not fulfilled on or before November 30, 68 2016, this Ordinance will be deemed null and void without further action by the City 69 Council. 70 71 2. If all conditions are met on or before November 30, 2016, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH as "Grantor" and "HOLLY ROAD, LLC, A VIRGINIA LIMITED 84 LIABILITY COMPANY", as "Grantee." 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1st day 87 of December , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ML Com. hhig5VV PI.nning i epartme City Attorney CA13443 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D021\P018\00168141.doc R-1 November 20, 2015 EXHIBIT A IF 15' LANE (15' PUBLIC R/GHT-OF-WAY)(UN/MPROVEDXMAP BOOK 6, PAGE 107) 25' 50' e2 ♦� ♦♦ AREA OF PROPOSED O ♦♦♦�♦�♦* STREET CLOSURE O :♦:♦,/ (3,125 SF. OR 0.071 AC) `�� 0 %� LOT 149 o�,N LOT-148CC ° ,♦♦i�♦�♦� OODED LOT N.B. 6, PG. 107) to N`♦:♦: NO BUILDING �l1 m 2418-87-1833 '• Q ' N- k ♦♦♦♦ 2. a. � oCI o ♦:♦:. 2418-87-0831 �� LTH ply, m ♦♦♦�♦�♦ vN erk 0 0 Pro 1'. .,...a.1 '•::, (-- /' 1/4 # \.... 0 WILLIAM R. PRITCHARD `i ♦�♦�♦�♦� Lic. No. 2266 D7/28/201s ♦�♦:♦�♦♦ 1'4. 0 ] SURVO ♦•5♦• 9 1 50' i0\0_,..1 4�,,0 SANITARY CLEANOUTQk FOR LOT 148 WOODS LINE sw 5EwER STORM SAN SEWER O NOTES: !DRAIN MANHOLE TELEPHONED 1. THIS EXHIBIT IS INTENDED TO = _ _ = — ■ • _ PEDESTAL STORM STORM PIPE S SHOW THE AREA OF HOS STORM STORM PROPOSED RIGHT-OF-WAY I STORM DRAIN MANHOLE MANHOLE CLOSURE AND INDEPENDENT Q ,�� OF THE ASSOCIATED RECORD 4 STREET O o DOCUMENT(S) IS NOT (70' R/W) " INTENDED FOR ANY OTHER (FORMERLY AVENUE 0) Q.-N y) THAN GENERAL REFERENCE. ( BOOK 6, PAGE 107) C 2, A TITLE REPORT HAS NOT �k p co BEENOPROVIDED FOR THIS 0� W m PROPERTY. �1`, Ct SCALE: 1"=30' STREET CLOSURE EXHIBIT SHEET 1 OF 1 _ _ A -_ - OF JULY 28, 2015 THE - = HOLLYROAD WESTERNA PUBI OF T= — _ _.. _ (FORMERLY 9RD STREET) BETWEEN 48TH STREET AND A 15 FOOT LANE (M.B. 8, PG. 107) ArchitectureMrpe VIRGINIA BEACH, VIRGINIA t Fpleite, corn 142018P I WA SIEWKSKA1111 041 13452 CAD/chic: MRB/wrp CITY OF VIRGINIA BEACH, VA F.B.1031 P.54-55 PLAT:H-73 JN:215-0066 -74- Item—VII-K.8a PLANNING ITEM#65487 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT:Application of DR. JACK SIEGEL and LISA A. BERTINI for Street Closure re portions of the unimproved rights-of-way of Holly Road at 48th Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DR. JACK SIEGEL and LISA A. BERTINI for Street Closure re portions of the unimproved rights-of- way of Holly Road at 48`x'Street DISTRICT 6—BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verb that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1)year of the City Council vote to close the right-of-way, this approval shall be considered null and void. 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 First day of December, Two Thousand Fifteen. December 1, 2015 -75- Item—VII-K.8a PLANNING ITEM#65487 (Continued) 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 December 1, 2015 1 ORDINANCE APPROVING APPLICATION 2 OF DR. JACK SIEGEL AND LISA A. 3 BERTINI FOR THE CLOSURE OF A 3,125 4 SQ. FT. PORTION OF UNIMPROVED 5 RIGHT-OF-WAY KNOWN AS HOLLY ROAD 6 7 WHEREAS, Dr. Jack Siegel and Lisa A. Bertini (collectively, the "Applicant") 8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 9 described unimproved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, closed and 21 vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "AREA OF PROPOSED STREET CLOSURE 27 (3,125 FT. OR 0.071 AC)", shown as the hatched area on 28 that certain exhibit plat entitled: "STREET CLOSURE 29 EXHIBIT OF THE EASTERN 25 FEET OF HOLLY ROAD (A 30 PUBLIC RNV) (FORMERLY 3RD STREET) BETWEEN 48 " 31 STREET AND A 15 FOOT LANE (M.B. 6, PG. 107) 32 VIRGINIA BEACH, VIRGINIA", Scale: 1"=30', dated July 28, 33 2015, prepared by wpl, a copy of which is attached hereto as 34 Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City Council's 39 adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 45 No GPIN (Public Right-of-Way) 46 (Adjacent GPIN: 2418-87-1833 47 Pursuant to Street Closures," approved by City Council. Copies of the policy are 48 available in the Planning Department. 49 50 2. The Applicant shall resubdivide the property and vacate internal lot lines to 51 incorporate the closed area into the adjoining parcel. The plat must be submitted and 52 approved for recordation prior to the final street closure approval. 53 54 3. The Applicant shall verify that no private utilities exist within the right-of-way 55 proposed for closure. Preliminary comments from the utility companies indicate there 56 are no private utilities within the right-of-way proposed for closure. If private utilities do 57 exist, easements satisfactory to the utility company must be provided. 58 59 4. Closure of the right-of-way shall be contingent upon compliance with the 60 above stated conditions within three hundred sixty-five (365) days of approval by City 61 Council. If all conditions noted above are not accomplished and the final plat is not 62 approved within one (1) year of the City Council vote to close the right-of-way, this 63 approval will be considered null and void. 64 65 SECTION III 66 67 1. If the preceding conditions are not fulfilled on or before November 30, 68 2016, this Ordinance will be deemed null and void without further action by the City 69 Council. 70 71 2. If all conditions are met on or before November 30, 2016, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH as "Grantor" and "JACK SIEGEL" and "LISA A. BERTINI, as 84 "Grantee." 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1st day 87 of December , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL / SUFFICIENCY: A Wus Ala m/ L z1L� ah24-✓ PI.nning iepartm:nt City Attorney CA13444 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\0021\P018\00168141.doc R-1 November 20, 2015 EXHIBIT A / FLOOD ZONE 'x' (OUTsIDE) 15' LANE (15' PUBLIC RIGHT-OF-WAY)(UN/MPR0VED)(MAP BOOK 6, PAGE 107) PIN p • 96" WOOD FENCE 96 WOOD FENCE_1,- 4 4' Jr'• FLOOD ZONE�pSIDF�R 0.66' - INSIDER 0.43' ..�.�• kt Q 'X'I (INSIDE) 2.01' 96 WOODO Qi APPROX. LOCATION OF- �_ RL410.�DUSE� • � NC t7 cs WOO ZONE SEPARATION FRAME PAYER C '4.*,, • '� LINE PER FEMA PANEL SHOWER COMMUNITY PANEL NO. ALL PS 2.01' P,• • "T , 515531 00630 I '� � '.. 42' WIPED —'s Q ✓ANUARY 16, 2015 D STONE PATIO �`��, ^kJ o &i,2.1 LOT-147 STEP LEVEI I,, (M.B. 6, PG. 107) SCREED �Srr: . - 2418—B7-1884 PORCH 5.5 ,;_� '� h• I 96" WOOD FENCE-J `:;�•,. .N.; 3 Q, CLR OF It 1.54' x STOOP ,?..•♦. \R eL N 72" WOOD----... ._ p318 fe k, k NI tp"`� 8 r� FENCE1 1 1/2—STORY FRAME /�� V : E v, 7 y Q,L`H Op 960 WOOD FENCE-JCHIMNEY HVAC UNR� 1`` , S :P J 7 2 CLR OF 1.67' 11 • i _..(kO J m ; � R 5.1./:•4 W0011 � 41 �`° R4Flaa., CE J O N ' '�` 0 WILLIAM R. PRITCHARD 0 PORCH • .., i N. 1(^ P O g Lic. No. 2266 d� ��� $4%1 7r 07/28/2015 e o7iz8i1o1s * 4 ���i tg. . --__ _ 1 50' ►X11 '40 SURNI$4k. a� �o'Q.� co►1.1 LOT-148 �" ids :° AREA OF PROPOSED 2418-87-1833 eiu' STONE WALL7 ••, STREET CLOSURE •..` (3,125 SF. OR 0.071 AC) NOTES: � _.. ,_ 1. THIS EXHIBIT IS INTENDED TO - g1AVEL- ••:BipRJd LBO SAN SEWER SHOW THE AREA OF • •.`-t® .. , •-%e• NI, ' , 1 MAI X MANHOLE PROPOSED RIGHT-OF-WAY = = = = = = = • STORM STORM CLOSURE AND INDEPENDENT EDGE OF ASPHALT HOLE ^ STORM MANHO1.E OF THE ASSOCIATED RECORD PAVEMENT I O 1) II MANHOLE DOCUMENTINTENDED FOR IS ANY OTHE . �..,0 � II STORM DRAIN THAN GENERAL REFERENCE. STREET k 2. A TITLE REPORT HAS NOT (70' R/W) V o II BEEN PROVIDED FOR THIS (FORMERLY AVENUE O) .JI�, o II PROPERTY. (MAP BOOK 6, PAGE 107) Om I I SCALE: 1"=30' STREET CLOSURE EXHIBIT SHEET 1 OF 1 08 JULY 28, 2015 THE EASTERN 25 FEET OF T= = HOLLY ROAD (A PUBLIC R/W) (FORMERLY 3RD STREET) BETWEEN 48TH STREET AND A 15 FOOT LANE _ (M.B. 8, PG. 107) VIRGINIA BEACH, VIRGINIA wygimg Civil Engineering 242 1 .SE a NOM corn WA 111 Iii CAD/chk: MRB/wrp CITY OF VIRGINIA BEACH, VA 1 F.B.1001 P.42-49 I PLAT:H-73 I JN:215-0086 -76- Item—VII-K.9 PLANNING ITEM#65488 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO JANUARY 5, 2016, BY CONSENT:Application of AMEND Section 801 of the City Zoning Ordinance (CZO)re Farm Stands 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 December 1, 2015 -77- ITEM VII-L APPOINTMENTS ITEM#65489 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL COMMUNITY SERVICES BOARD- CSB HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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 December 1, 2015 -78- ITEM VII-L APPOINTMENTS ITEM#65490 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JOHN M. BAILLIO WILLIAM M. WALSH,JR. Three year term 11/01/2015—10/31/2018 HISTORICAL REVIEW 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 December 1, 2015 -79- ITEM VII- NEW BUSINESS ITEM#65491 Councilman Moss requested the City Council consider adding a Resolution for consideration at the December 8, 2015, City Council Meeting affirming that no "General Fund Dollars"will be used to finance the proposed Arena project. Mayor Sessoms asked for any objections, having hearing none, instructed the City Manager and City Attorney prepare a Resolution to be considered by City Council on December 8, 2015. December 1, 2015 -80- Item -VI-M ADJOURNMENT ITEM#65492 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 8:02 P.M. , )/0/10,d Amanda Finley-Barnes, MC Chief Deputy City Clerk th Hodges Fraser, MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia December 1, 2015