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FEBRUARY 2, 2016 MINUTES
11 lA .11P 040 C.evo,! +• g, C� y 5 S= . SAP! p4 ♦,yk .gIN'O�G L°' OUR Mn`° VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 2, 2016 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing in the City Council Conference Room, Tuesday, February 2, 2016, at 3:30 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 2 CITY COUNCIL'S BRIEFING MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#65625 3:30 P.M. Mayor Sessoms welcomed Amma Guerrier, Chair—Minority Business Council. Ms. Guerrier expressed her appreciation to City Council for their continued support: Minority Business Council s Lei 2015 Annual Report February 2,2016 4.4 4 Y ff B+ E w: ,k Its` f Ms. Guerrier provided the overview of the Minority Business Council: Minority Business Council (MBC) The MBC serves as an advisory agency to the City Manager and the City Council with respect to the City's procurement policies and procedures for small-,woman-,service-disabled and minority-owned businesses. Our Vision:To be the leading influence in connecting contractor resources with City opportunities and beyond. Our Mission:To advance and facilitate en environment of business opportunities,focusing on increasing expenditures to minority and woman-owned businesses by the City of Virginia Beach as a means to further the City's economic development and vitality. When We Meet:2nd Friday of the month from 3:00pm-430p.at Economic Development's office located at 4525 Main Street,Suite 700.Meetings are open to the public. ' 'i What We Do:The MBC provides information,guidance and programs that enable business owners to understand how to work with the City of Virginia Beach,Additionally,you may find useful "', sr fi' 't', information relevant to contracting with other government agencies. �} � _ www.vbgov.com mbc haps://www.facebook.com,VAB MBC February 2, 2016 11 3 CITY COUNCIL'S BRIEFING MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#65625 (Continued) In 2008, City Council set an aspirational goal of 10%for Minority expenditures: City of Virginia Beach Expenditure Summary Report 12 Month Period:FY15 Total Prime Subcontractor Ex.enditures Percenta:e Non CIP Expenditures(Goods and Services) $124.7 Minority Business $10.7 - $10.7 8.58% Women-Owned $10.7 - $10.7 8.58%. Service Disabled Veteran $0.5 - $0.5 0.40% Total MBEs,WBES,SDVs $21.9 - $21.9 17.56% Total CIP Expenditures $166.10 Minority Business $2.9 $0.5 Women-Owned $3.9 $0.8 $4.70 2.83%� Service Disabled Veteran $0.2 $0.0 $0.20 0.12% Total MBEs,WBEs,SDVs I $7.0 I $1.3 $8.3 5.00% . ` ,t^ Total Expenditures $290.7 a` Minority Business $13.6 $0.5 ¢t; Women-Owned $14.6 $0.8 $15.4 5.30% "'n .1$ Service Disabled Veteran $0.7 $0.0 $0.7 0.24% Total MBEs,WBES,SDVs $28.9 I $1.3 I $30.2 10.39%, Below is the percentage of expenditures to Minority Businesses: Percentage of Expenditures to Minority Businesses Non-CIP and CIP Expenditures (Goods&Services&Construction/Capital Improvement Projects) 12.00% 10.00% 9.58% 9 24% 9.37% 8.00% n9B -& Si %___---'-_-- -- 69%--- L % --- _.___ ____-_. 8.36% 7.29%..._-.. 6.00% _-_6 3B% 5.93% ... Si." 5.37% 4-00% 443% 4.53% ._.__445%_-. a.ssx 3.72% 2.00% 1.72% 1.68% 2.05% 0.00% 0.7S% FY09 FY10 FY11 FY12 FY13 FY14 FY15 -%Mix toy Non OP Expandtturas -%Mlnodty OP topendlwras Tool Ovarax Pstentage '''tr *y"". Minority$ 10.3M 9]M 69M 30.3M 30.8M IO.SM 10.7M Total$ 107.5M lOSM 106.SM 114.]M 115.3M 120.BM 124.7M Minority5 3.8M S.1M 4.SM 22M 2.1M 1.OM 3.4M 4 Total$ 85.8M 120M 121.1M 127.6M 125.iM 133.2M 166.1M February 2, 2016 11 4 CITY COUNCIL'S BRIEFING MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#65625 (Continued) l 'f1 p Total NonC IP Awards(Goods and Services) $ 121.8 Minority Business $ 9.1 $ - $ 9.1 I 7.5%I Woman-Owned Business $ 3.1 $ - $ 3.1 2.5% Total $ 12.2 $ - $ 12.2 10.0% Total A 8 E Awards $ 25.7 Mironty Business $ - $ 0.2 $ 021 0.8%I Woman-Owned $ - $ 1.5 $ 1.5 5.8% Service Disabled Veteran $ - $ - $ - 0% Total MBEs,WBE5,SDVs $ - $ 1.7 $ 1.7 6.6% Total Construction Awards $ 81.9 Muunty Business $ 3.2 $ 1.9 $ 5.1 1 6.2%I " {§ Woman-Owned Business $ 1.0 $ 6.1 $ 7.1 Service Disabled Veteran $ - $ - $ 0.0 0%. "" Total MBEs,WBEs,SDV5 $ 42 $ 8.0 $ 12.2 14.9% Total All Contract Awards $ 229.6 ,�§t Minority Business $ 12.4 $ 2.1 $ 14.5 11M13521 1 .t Woman-Owned Business $ 4.1 $ 7.6 $ 11.7 5.1% 6 ' Service Disabled Veteran $ - $ - $ - 0 0% ,� r `�Total $ 16.5 $ 97 $ 26.2 11.4%" 'lx . Nolo:(*Iedle women eldfldedin minor*dUMlason only $ Below are the Legislative items the MBC is supporting: •2016 Legislative Items: -Eliminate the prequalification process for bond waiver projects -Best Value contracting •Relationship with Hampton University *Other SWAM Initiatives 6 February 2, 2016 5 CITY COUNCIL'S BRIEFING MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#65625 (Continued) Below are the FY2016 Minority Awards: Minority Awards — FY16 • Construction • Goods and Services — Annual services contract for Demolition Work •concrete installation and repairs — Tree CCare e (Manley Landscaping) are • $587,654(Rick's Concrete, • $7,210(New Beginnings Tree Care) Incorporated) — Nail Care Services • Bond Waiver Project • $37,440(Senior Feet,LLC) — Underground Cabling — IT Services • $171,600(Secured Network •• $222,000(Keta Technologies) Solutions) - Pump Station Work a • $11,617(SDC Contracting) • SBEP—subcontractor — Custodial Services sem• • $199,600(Peninsula Cleaning Service) 41.3 Note: Award made to Achieve 1,LLC for — Catwalk Replacement Data Storage Architecture via a VASCUPP • $15,375(Bay Mechanical) Cooperative Contract '1;', — Total Goods and Services Awards 1 3' $2,199,657 $518,927 Ark The Minority Business Council held their 20th Anniversary Conference and Expo in November: 20th ANNIVERSARY CONFERENCE & EXPO Mn� The MBC celebrated their 20th Anniversary with a luncheon honoring MBC Past Chairs and their CONFERENCE contributions to the success of the * &EXP Q MBC. CREATING OPPORTUNITY FOSTERING INNOVATION Keynote Speaker: Dr,Dennis Kimbro February 2, 2016 6 CITY COUNCIL'S BRIEFING MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#65625 (Continued) THE MBC honored the Past Chairs at the 20th Anniversary Conference and Expo: 20th ANNIVERSARY CONFERENCE & EXPO The MBC Honors Past Chairs Shewling Moy Wong • Ed Hamm x• Louisa Strayhorn �" • t Sylvia a• Primm W 0 :000P. ., Pa 4K3 e .h,xiy fPyt,? & t d 04, Below are the 2016 Initiatives: 2016 MBC Initiatives • To support Purchasing with their efforts in transitioning to an e- procurement system that will allow for available SWaM reporting into a searchable electronic format and reduce the manual processes currently in place. • Represent the MBC as an inclusive entity through continued relationships with other diverse organizations,including: - Hispanic Chamber of Commerce - Asian Chamber of Commerce - Service Disabled Veteran Owned Small Business(SDVOSB)Council - Women In Defense Greater Hampton Roads(WIDGHR) , w February 2, 2016 111 7 CITY COUNCIL'S BRIEFING MINORITY BUSINESS COUNCIL ANNUAL REPORT ITEM#65625 (Continued) Below is a listing of the Minority Business Council Members: Minority Business Council (MBC) Members City Council Liaisons Amma Guerrier—Chair Councilman Bob Dyer Carla Bailey—Vice Chair Councilwoman Shannon Kane Michael Lancaster—Financial Counselor School Board Liaison Linda Bright—Secretarial Officer Mrs.Jobynia Caldwell Kelvin Arthur Harshad Barot Francina Harrison Associates Khalilah LeGrand a Sheila Johnson Calherbe Monel• Justo Manglicmot Frances Thompson r�s,, Delceno Miles Damen Watson Ferdinand Perez Sabrina Wooten 4` `5 Mayor Sessoms thanked Ms. Guerrier and the entire Minority Business Council for their hard work and continued support of the City. February 2, 2016 11 8 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM#65626 4:02 P.M. Mayor Sessoms welcomed Patti Phillips, Director—Finance. Mrs. Phillips expressed her appreciation to City Council for their continued support: FY16 Budget to Actual Financial Update as of December 31,2015 MD Fninance Overview - 6 Months :RNs • FY16 General Fund Revenues • FY16 General Fund Expenditures • Next Steps February 2, 2016 11 9 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM#65626 (Continued) Below is a "snapshot"of the FY2016 General Fund Revenues and Expenditures: Vs 1( GF Rt-t e)1ucc& f xpendittires Con1p 1lC d t11 is(►dF,yt'i is, =► 6:)1 . :3 @ €�i vvM. 4r Fito Y1U YAW= Revenues Local (83.5%tdbudget) $ 871.6 $373.1 $(498.5) State (14.6%of budget) 151.8 54.3 (97.5) federal (1.9%ofbudget) 19.6 9.5 (10.1) Tidal Revenues $1.04310 $486.9 $[606.1) Bxpendl$ura Ot'Operations $ 632.0 $.w 329.1 r$ 302.9 Clip Capital Prefects 33.3 1$b 172 SchoolOperatides" 416.2 + 213.9 SAVE CREW Freleds Tetel*xpendl iris 47 Less Amounts Funded from Pond Balance £naimbrsnces/Carryforwards at 6/30/15 $ 10.7 City pod School Capital Protects 15.9 • snot 3.2 School Reversion 12.9 Adjusted Expenditures Revenues do not come in equally. Revenues are at 41.9%of the estimated Budget Revenue: FY1 6 1'Tl) General Fund Revenues Compared to Historic Trend at Dec. 31, 2.015 AB 111% I YTD ACTUAL•5436.9M ANNUAL BUDGET•$1,043.0M Oft 77.1% 55.2% 58.1% 41.9% .._.._._44.8% 48.6% 33.0% 42.0% 32.2% 11,11 12.6 8.6 14.8% 1.4% 4.2% 9.5% N Mg SOP 0et nw DK / M ver pr Mq -.-R.,T•od 4.%dint.fro Bake February 2, 2016 111 10 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM#65626 (Continued) l €; utl lr €xnuG,t 1,13 • Still need to collect 58.1%411161 iuss • 7btal Revenue follows the trend Rue - Includes 7181 Relief for Elderly.'Disabled of$13.1f4 - Includes delinquents from prier years • Several items are on a 1.2 month lag 11.• • Business License tax(BPOL)due in blarchl010.$46.8M • 2nd Real Estate installment due June 5,2016 • Coal Annual Personal Property tax due line 5.2016•$89$18 One of the most significant Revenues for the City is Real Estate which is at 51%of Budget: Real Estate Revenues- CF POT liin ()111%, i)eCCI17her 31, 20013 2(315 SOB BUDGET 4Ao 3474.8 yt81.5 $468.0 3437.4 $423.1 $441.0 $0282 $448.7 MN I:: 51.3% 512% 512% 512% 12% 51.97.6 .018.7 8.3 8.8 28.9 $238.5 —4116—3114 4f1�' M O - 1% 1fYlIN /WOO /YNM lY2Nt ITN* M1111 WON WOW ActuelCallimehans OYTO w%of Total f olbtatCitywide audjstfor d .3M February 2, 2016 11 11 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM#65626 (Continued) Personal Property Tax is due June 5, 2016; and, historically, is difficult to predict: Pt,r! POO pt-rtt ( xaduljf !Tut\ Det eillbel 31, 2.0-,0 r1}; } 113 Jt ,hex i144 40% BUDGET $90.9 589.8 $78.7 sox E73.7 574.7 565.9 px ■ w 29.9 zzD% '°% w' 21.4% 21.6% 200% K 19.7 19.9 16.8 19.6 117.9 — 15.6 « 19121111 FY1012 FY acts PYhl$ FYhI /Y21N Actual Collections ®1TD �%of Total General Sales Taxes for FY16 are up 5.4%YTD thru December: General Sales Taxes Dec ember 31, 2010 - 201 5 070 50% BUDGET M 658.2 $59.8 555.0 5564 $51.7 $534 se e4x M. [ffffc *i .5% 40%.6i 20% tw FY2011 fY2012 FY2013 FY P14 072010 FY 2112/1 __ �Aoluvl ColNctbns OTTO —a—%ofTOMI February 2, 2016 1 11 12 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM#65626 (Continued) The Utility Tax is an extremely stable Revenue Source: Utility T.,...x. (le(crt hey5I, 201€� Zu i 5 NB SaeV°' f0% BUDGET $25.4 $24.9 $25.1 $25.3 $25.2 $25.6 Sas en 44.0% 43.4% 43.0% 42.7% 42.6% liiiili : °/ 11.0 10.9 10.9 10.8 10.9 $ es FS 6911 "►Y2012 :FY2f12 FY20f4 'PY3012 prase Mual Collections c=1TD %of Total 1. Telecommunication Taxes continue to decline: Telecommunications Tares December 31, 2010 - 201:3 of 00% ps 819.7 $20.3 819.5 BUDGET fox 818.7 8181 818.2 a% t:TI33:T1342% 3 4 .2 85.8 ee fs% ex ee FY XIII FY2012 FY NU FY*14 FY2010 FY 21/111 _dim!Collection. t=YTO —e—%of Total.__I February 2, 2016 I II I 13 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM#65626 (Continued) The City continues to do well with this Tax which is a good sign that the Resort Area and hotels are doing well overall. Specifically, taxes are up 6.4%with FY16 year-to-date thru December: it!Room Taxes-(;T Portion(02 7 1, ;I 2010.-.203' 113 (';17 t ;t.71f of 116% 67 I 6A%Up from FY15 I BUDGET $6.2 $6.3 160% M - $5.8 55.9 55.5 $5.4 $5.0 uc% ■■B 166!6:: Fitrr 4477 IT1TTI1r. ' TT6 1 7676 r 01 b i 61 26% ...182661 BY BM PY2613 FYSW4 PYi616 P026N Ad11aC0U.ctbn. ©YID -r—%of 150.1 I Total Hotel Room axes ct�7771kr 31,2010 201', 1I2 (8, jus dtiition 7i St/nighty _v �7 160% BUDGET 670 I 6.1%Up from FY15 I $28.2 $28.4 $25.6 $26.3 $26.3 125% 226- $24.2 521.1 los 6s 19.1 19.3 19.9 10:f 2.6/0 0.615 744 jte 26% FY2011 FY 2012 FY2613 FY/1114 !02618 172616 Eno Actual Collections oYTp of Total February 2, 2016 i I II I 14 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM#65626 (Continued) hotel l Ot))1)"faxes WA)i\110 at t . • tin i illl<< ,) s.$ $0.1 GF 2%$4.9 ■GF2% ■TAP 1%/$1 YIP 5% $1Z.4 TAP 1%/$1 BTIP5% $3.8 SB S1 CBDTWmM4sS$006 lq'. Heal Mar The.1%phis 511+1..1W 6.1r111(62221).1111TW(627110 1a.:080 hos*ihNtlMtl1N%bx The City continues to do well with Restaurant Meal Tax and fully expects to make Budget. This tax is up 5.9%from this time last year: 12esG1urant Meal Taxes-Cr'Portion()nit. )ecenrher 31,2010-- 201-- ( 01-(ISt9u of total 5 5°%) 1�7 10% BUDGET N. I 6.0%Up ham FY16 $38.2 $38.7 535.1 536.2 $32.3 54'0 ax p0. 51.6% 52.0% 52.4% 53.0% 52.2% 54.6% 21.1 ex 20.0 ^ *to 17.7 16.4 19.2 16.6 to FY 2011 FY2012 FYDOIS FY2014 FY P011 FY2019 1ACWa Co0..6on. YTD --x of Total February 2, 2016 11 15 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM#65626 (Continued) 1«tat Restatrratlt Mt.al TANA-, BTB BUDGET 5.9%Up born FY16 I $59.7 650.6 660.6 11% 610 657.0 $53.5 665.3 Bq Ism 51.6% 51.7% 52.3% 52.8% 2.5%. 54.6% • 33.2 30.1 37.3 WO 26.1 27.7 28.9 4O1 ailt 600 to Y PM FY nit FYm# FYNB4 PYBUIB .. PYIBIS Actual collection. =YTD of Total let 1014111t.Mea1 Ta ves 5 1/°/r t llocattoo 1/3 Thai > H �•$60.8M MMTO.22% OS 0.22% $1.3 $1.3 ■GF 3.5% .rte,P 2.06% ■TAP 0.5% ;..$6.4' •TIP 1.06% TAP 0.5% GF 3.5% MOS 0.22% $3.0 $21.1 OMMT0.22% February 2, 2016 16 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM#65626 (Continued) Below is a "snapshot of the General Fund Revenues: Summary of City's(rT lit�et atll�_ Det.(110leI 31, !t)1 , ter . Fyn'.lel% limit I Si * Real Estate Taxes $ 468.0 $ 238.5 51.0 % Personal Property Taxes 89.8 17.9 20.0 Pers.Prop.Tax Relief Act 53.4 6.5 12.2 General Sales Tax 59.8 26.6 44.5 Utility Taxes 25.6 10.9 42.6 Telecommunications Taxes 18.3 5.8 31.6 Bus mess Licenses 46.9 1.6 3.4 * Hotel Taxes 6.3 4.9 78.1 * Restaurant Taxes 38.7 21.1 54.6 Charges for Services 45.3 19.0 41.9 Other Local Revenues 56.1 20.5 36.5 * State Revenues 98.4 * Federal Revenues 19.6 9.5 48.3 * Transfers 16.8 6.2 36.7 $1,043.0 $436.9 41.9 % •GFpoetion only ••%doe,Bot Include PP1RA portion Year-to-Date Expenditures are at 50.7%of Budget: FY16 YTD General Fund Expenditures Compared to historic Trend at l)ec. ;,1Er I S YTD ACTUAL=$551.1M 91.7% ANNUAL BUDGET=91,087.714 83.8% sot 75.6% I68.0% 60.2% sett 52.7% 44.6%° 50.7% 28.4% .5% 20.3% 27.3% Se% 12.1019.8% 11.8% e% -- , N As{ Sap Ott Nay Dae Ism Fab Ilar Apr M y IBB -frpendnurtTrend �x-qy otFYl6 aap Bud`el February 2, 2016 17 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM#65626 (Continued) The City has spent 50.7%of the Expenditure Budget: l'Y'16 Getivial Fund Expondnuie. E . V�7 • Total at December S $551.2M,or 50.7% of 51.0888 Budget AMI Yin Amid Ballet elme, re. VVA.•u Salaries $ 271,071,651 $ 129,126,257 $ 141,945,394 Fringe Benefit 101,862,001 47,065,606 54,796,395 Operating Expenses 156,948,250 105,113,809 51,834,441 Capital Outlay 7,005,836 6,285,197 720,639 Leases,Land Structures&Improvements 4,757,610 2,919,060 1,838,550 Debt Service 49,682,686 18,547,888 31,134,798 Transfers to Schools 420,402,658 204,410,696 215,991,962 Transfers to CIP 33,815,700 16,907,853 16,907,847 Transfers to Sherd 20,556,133 10,231,663 10,324,470 Transfers to Parks and Rec 4,699,963 2,349,988 2,349,975 Transfers to Other Areas 14,586,716 8,198,058 6,388,658 Reserve for Cortigencrs 2,337,091 - 2,337,091 Total Expendihaes by Type $ 1,087,726,295 $ 551,156,075 S 536,570,220 Percent of Total 100.0% 50.7% 49.3% Below are the next steps: Next Steps \IBJ • January Interim Feb.23,2016 • Proposed FY17 Budget Mar.22,2016 • Adopted FY17 Budget May 10,2016 Mayor Sessoms thanked Mrs. Phillips and her entire Team for their continued hard work. February 2, 2016 18 CITY MANAGER'S BRIEFINGS TRANSIENT ORIENTED DEVELOPMENT CASE STUDIES ITEM#65627 4:14 P.M. Mayor Sessoms welcomed Brian Solis, Interim SGA Director/Transportation Planning Manager. Mr. Solis expressed his appreciation to City Council for their continued support: 3-: A Look at Transit Ori • Below is an overview of today's presentation: Overview i. Existing, approved land use planning policy u. What is Transit Oriented Development (TOD) and where is it planned? ui. Benchmarked TOD in other cities i. Questions and comments February 2, 2016 19 CITY MANAGER'S BRIEFINGS TRANSIENT ORIENTED DEVELOPMENT CASE STUDIES ITEM#65627 (Continued) Below is a Map of the City that fulfills the Land Use and Transportation Planning Policy: F )tt , o...... h`i s 1 Strategic Growth Areas ildir".."' -- n - orl, JAe.= o �� r 4 +� ;l's, \ ",,l''' ilk A\ z i r4 # w ar .y siw Moo Mao Although SGA's represent only 2%of the City's land, it will support the majority of the City's future urban development: . A f "'p :',r .x t 4 E c h SGh nu own unique chum ter. ;istine d- t ties'r , r..-. .< hetr .a the a.e r-and,r ,de varhru sppnh '' if° 7 ' C\ \ ' * .7' .6. a / )\� ., , 1 r ,...714 fir - _ —•✓'7'�i. ry 1 PA -I-,, O ��5 k r tifr' _�. February 2, 2016 20 CITY MANAGER'S BRIEFINGS TRANSIENT ORIENTED DEVELOPMENT CASE STUDIES ITEM#65627 (Continued) 5 Policy documents developed after extensive A `_ `•. public and stakeholder t -+ 1 } involvement . . �2 7 of 8 adopted SGAs plus �� } � the Princess Anne/ITA Plan -- include alternative e: J multimodal transportation, \N I such as light rail,as key to . maximizing benefit to City 4 and region ! Envision VB2040 and ' Sustainability Plan emphasize need for Adopted Centerville SGA Master Plan Connected Community via multimodal solutions Below is the general definition of Transit Oriented Development(TOD): "°_ . .. 6 Mix of housing,office,retail and/or "r71: yir _ other amenities in walkable area aA . t located within a half-mile of quality q R,r,t I ° public transportation0,4 i !g ` 1 Potential for increased and/or 11 ea r sustained property values where transit investments have occurred Improved access to jobs =' Expanded mobility choices that reduce dependence on cars, _ ?; s reduce transportation costs .u. February 2, 2016 21 CITY MANAGER'S BRIEFINGS TRANSIENT ORIENTED DEVELOPMENT CASE STUDIES ITEM#65627 (Continued) The City is seeing shifting demographics, much like most of the Country: 7 Older Americans—Redefining Longevity 77% aa.,amwF:...—+yeayryn.s.ne..er 7790 II64;* n1Y I InpoYay SF.petl b,T Fnol.ey .., w,.. Millennials Shaped by Technology There are 73 million minenniels aged 18 to 34 {I�11+p They are the fest to have access to the interne, n.w, Ion riJ. _ r in v.wexa.c.. during the r formative rs and will lx "_;`, 10,1r.I t !�, important engine Cl ouryeafuture r, economy. - �� t — n +* �. ..� ,..,.. 20 (ewer I I 41114.Millennials are the majority of the working public throughout the Country: 8 Li+ll`t rail I> ,[• it US.Labor Force by Generation,1995-2016 u mtlion, + _ 70 d6 ' ll a Mi h,e nI, 3C IG n 1,70' 7000° 20(6 2010 2013 2015 A e �. r re It_old+.tSpubi..op!!rotpol't% de r+r�ae c ..r 1. t.da_c etc .;'af _a rime, ace PeeR ,eeteideesn tahel yy.:leer, February 2, 2016 22 CITY MANAGER'S BRIEFINGS TRANSIENT ORIENTED DEVELOPMENT CASE STUDIES ITEM#65627 (Continued) We do not compare the City to Dallas; however, Dallas has one of the oldest Light Rail systems in the Country: t 9 DART Founded in 1983 113 bus routes+18 shuttles,4 light rail lines,1 street car and 1 commuter train 62 light rail stations,10 commuter rail stations,4 street car stations 1996 to 2013--more than$1.5 billion in new construction within.25 mile of stations (Study by University of North Texas) 1993 and 2013--over$752 million in multi-family development and$617 million office and retail development occurred within 25 mile of stations Another$3.9 billion in new projects planned Tax contributions for new development near stations exceed$36 million annually Offices located within.25 miof rail system • have seenon average,a 13.9%premium on lease rates 'S The City is more comparable to Charlotte, NC. Below is the information related to TOD along the rail line: 10 CATS started in 1999 // Includes 69 bus routes, Blue Line '_- _t light rail,Gold Line street car line - and bus rapid transit and 10 �1 . stations7.1 In first 8 years, $1 46 billion of new ...— private development occurred along only half of the line–hotels, o"r� ti ? retail, residential units i Property values increased,which in -�~` turn increased local tax revenue w from$6 million per year to$16 million per year in 2015 February 2, 2016 23 CITY MANAGER'S BRIEFINGS TRANSIENT ORIENTED DEVELOPMENT CASE STUDIES ITEM#65627 (Continued) 11 Examples of development projectst, planned at various stops along the 9.3- " 4�'E4 mile Blue Line Extension,which opens in 5 � 2017 �! , 9' St.Station First Ward Park—"grand 1► park surrounded by apartments,hotels and office space 25' St.Station:250-unit apartment complex with retail at corner of North Davidson and 26"^streets - 36"'St.Station:350 residential units and potential hotel and boutique grocer at Blue Line station Sugar Creek Station:major mixed-use development on West Craighead St.— 450 residential units spread over 25 acres � "' A 12 Wrif Regional Transportation District-1969 Includes 6 light rail lines with 46 stations and 47 miles,79 local, 16 express,16 regional, 11 limited,and 5 skyRide bus routes f It also includes Denver now#1 destination for millennials 95% of all companies new to the _ region locate within''/ mile of an LRT station w CBD cemented as strongest office s _ market due to transit access <40%of CBD workers get to work by auto February 2, 2016 24 CITY MANAGER'S BRIEFINGS TRANSIENT ORIENTED DEVELOPMENT CASE STUDIES ITEM#65627 (Continued) • 13 As of April 2010,the following TOD was - Riorm.m complete or under construction PROGRFSS NAP FasTracks corridors -- 17,400 housing units 4.900 hotel rooms 5.3 million s.f. of retail space,5.27 million s.f of office space - 2.3 million s.f.of civic space 160,000 s.f of cultural space � r 6 million s.f.of educational space 5.96 million s.fof medical-related space _. ' 2.6 million s.f.of convention space TOD Projects in Denver: 16'' Street Mall,Central Corridor, Southwest Corridor.Central Platte Valley. -- Southeast Corridor.West Corridor,Union .7 _ Station,East Corridor o C = Below is the TOD in Portland, OR: 14 Tri-County Metropolitan Transportation District"Trimet"-1969 Includes 80 bus routes,5 light rail lines(60 miles),2 street car lines, one commuter train line(14.7 miles) 97 light rail stations and 5 commuter As of 2014,31 TOD projects completed totaling$528 million of ' investmentt FY2013-2014--two TOD projects " completed,four under construction and three approved to begin with more in the pipeline February 2, 2016 25 CITY MANAGER'S BRIEFINGS TRANSIENT ORIENTED DEVELOPMENT CASE STUDIES ITEM#65627 (Continued) 15 Development within the first 5 years since engineering. As of FY 2013-2014: 3,296 residential units 399,796 square feet of commercial space(retail/office) This required only 51 acres of land,thereby preserving farms and forestland. If developed conventionally,would have used 530 acres 1, t 1._� 1 i. ,I I,. .I , ,, I 1 t. a I I I I V I y Minneapolis is currently going thru a robust overhaul and extension of their Light Rail lines: 16 Minneapolis-St.Paul Metro Transit-1967 r Includes 132 bus routes,2 light rail routes, 1 commuter train and 1 bus rapid transit route Over$2.5 billion in investment within a half mile of the track was announced in 5 years ,9,...T , following start of engineering t°'lit Individual businesses near the line have seen 10 to 18 percent sales increases New senior housing near Fairfield Ave. station .- New complex of affordable homes near Hamline station . New 8-acre,$30 million destination brewery and beer garden in an old industrial neighborhood along the line February 2, 2016 26 CITY MANAGER'S BRIEFINGS TRANSIENT ORIENTED DEVELOPMENT CASE STUDIES ITEM#65627 (Continued) ,. Dcvmov,'ho:lok Ira^s'Ork',ed De.eltx;nv� =-V;-':',÷'w...+yr r....r:r...w.rra The Tide-2011 i "i�. .._... 7.4 mile starter line , _..—* It. QMRu^ ' v-x ii l __- 1"- h I- ' u_. 17 Salt Lake City is a smaller MSA than Hampton Roads: g 18 kX:j TRAX-1999 Includes 134 miles of light rail lines with 50 a%;r "' stations,68,100 daily ridership Salt Lake region recently completed a$2.5 billion transit system expansion,doubling the system in last 5 years The Church of Jesus Christ of Latter-day A- "6 �11 ', Saints is creating state's most high-profilemig `' transit-oriented development(TOD)—the „ 1--"-,: a�i1 $1.5 billion,23-acre City Creek Center "" ^s9i'-,1 project Phase I Jordan Valley Station TOD,called Bangerter Station,is a recent$40 million t 267 housing units,ultimately 1,400 units 83.000 s of office space,and 35,000 sf.of .x'ic-44 :,f". restaurant and retail space February 2, 2016 27 CITY MANAGER'S BRIEFINGS TRANSIENT ORIENTED DEVELOPMENT CASE STUDIES ITEM#65627 (Continued) Buffalo, NY, is included because it is a "starter line": 19 Buffalo Metro Transit Rail-1984 Includes one,6.4 mile light rail route line that averages 15,700 daily ridership Revitalized mixed use area on Erie canal waterfront,planned at over 1 million s.fof retail, hospitality,commercial,cultural,and residential space in downtown Buffalo.Managed by Global Spectrum valued at over$300 million investment in last 5 to 7 years. ?� Canalside is accessible by the Metro Rail and Bus catials,cie NFTA Metro Rail and Bus,"Erie Canal Harbor" Below is the upcoming Light Rail Information Briefing Schedule: Light Rail Information 20 Briefing Schedule February Economic Analysis and Projections for Transit-Oriented Development and Job Creation,Ron Berkebile,SGA Economist Memorandum of Understanding, Brian Solis,Interim SGA Director March Light Rail Vehicle Purchase,William Harrell,HRT CEO April Analysis of Virginia Beach Projections,Dr.James V.Koch. Board of Visitors Professor of Economics and President Emeritus at ODU February 2, 2016 28 CITY MANAGER'S BRIEFINGS TRANSIENT ORIENTED DEVELOPMENT CASE STUDIES ITEM#65627 (Continued) A Look atillinsit Ori 7} • • 'Je • Arkt • Mayor Sessoms thanked Mr. Solis and the entire team for their work. February 2, 2016 29 CITY MANAGER'S BRIEFINGS CITY SERVICES MONTHLY BILLING/ AUTOMATED METER READING ITEM#65628 4:50 P.M. City Manager Hansen advised Tom Leahy has been appointed as Interim Deputy City Manager and Robert "Bob"S. Montague, Jr. is the Acting Director-Public Utilities. Mayor Sessoms welcomed and congratulated Mr. Leahy. Mr. Leahy expressed his appreciation to City Council for their continued consideration and support: Monthly Billing City Services Statement Public Utilities Presentation to City Council February 2,2016 The City has been discussing converting from bi-monthly to monthly billing to help the City's "low- income"customers to better deal with payment of their bill: City Services Bill -Typical Single Family (Water Demand of 6,000 Gallons per Month) Fiscal Year 2011 2012 2013 2014 2015 2016 Water Supply $30.87 $30.87 $30.87 $30.87 $30.87 $30.87 Sanitary Sewer $19.53 $22.12 $24.86 $27.76 $30.81 $30.81 Stomata' $6.72 $7.33 $11.13 $12.65 $12.65 $12.65 Solid Waste $0.00 $10.00 $10.00 $21.36 $21.36 $21.36 Utility Tax RA RN 00 1144 UN Monthly Total $80.12 $73.32 $79.86 $95.64 $98.69 $98.69 Bi-monthly Total $120.24 $146.64 $159.72 $191.28 $197.38 $197.38 February 2, 2016 11 30 CITY MANAGER'S BRIEFINGS CITY SERVICES MONTHLY BILLING/ AUTOMATED METER READING ITEM#65628 (Continued) Below shows the Utility Billing Process: The Utility Billing Process • Meter Reading: 3,000—4,000/day (805,000/year) —Bills mailed the next day with 30-day due date • Day 33: Late Notice: 750— 1,000/day(225,000/year) — Advises payment by Day 45 to avoid service cutoff • Day 40: Robo-call: 500/day(115,000/year) —Advises payment by Day 45 to avoid service cutoff • Day 50-55: Service cutoff: 200-250/day(42,000/year) • Delinquency accounts for 79,000 field service orders per year The annual cost of the Billing and Delinquency Process is approximately$7-Million each year: Cost of Billing and Delinquency Cost Center Activity Annual Cost Billing System and IT Support $1,549,000 Customer Billing and Collection 1,010,000 bills/year $1,398,000 Meter Reading 805,000 reads/year $ 980,000 Call Center 134,000 calls/year $1,107,000 Field Service Orders 119,000 orders/year $ 929,000 Leak Adjustments 3,045 adjusts/year $ 411,000 Bad-debt Write-off 0.4%per year $ 520.000 Total $6,894,000 February 2, 2016 11 31 CITY MANAGER'S BRIEFINGS CITY SERVICES MONTHLY BILLING/ AUTOMATED METER READING ITEM#65628 (Continued) Below are other billing system considerations: Other Billing System Considerations • Total annual billings: $185 million —Revenue collection efficiency: 99.6% • Stormwater and solid waste must be billed with water supply if water service cutoff is to be the delinquency enforcement mechanism • Billing system has major interfaces to InSite, Treasurer's Office, HRSD, and third-party vendors (e-bill, IVR, outbound dialing) Below are the benefits of monthly billing: Benefits of Monthly Billing • Cash flow and budgeting—especially for low-income customers • Smaller delinquent balances (if the billing and enforcement periods are shorter) • Leaks are smaller and detected sooner(if combined with shorter meter reading intervals) • Better understanding of the cost of each service compared to private utilities which all bill monthly (electricity, gas, phone, cable, etc) February 2, 2016 32 CITY MANAGER'S BRIEFINGS CITY SERVICES MONTHLY BILLING/ AUTOMATED METER READING ITEM#65628 (Continued) Based on the 2010 Best Practices in Customer Payment, customers with low income or fixed income prefer to receive bills monthly: 2010: Best Practices in Customer Payment Assistance Programs AWWA Water Research Foundation and USEPA • Customers with low incomes or fixed incomes prefer to receive bills monthly • Low-income customers are better able to afford to pay bills that are issued more frequently in smaller amounts • Facilitates budgeting and improves timeliness of payment • Estimating bills can create serious concerns for low- income customers Below are the monthly billing alternatives. The industry standard is to read water meters and bill monthly: Monthly Billing Alternatives • Estimated Metering: Send the customer an estimated bill—based upon an estimated meter reading—in the middle of the two-month cycle • Split-Billing: This alternative would bill for half of the service when the meter is read, and the other half thirty days later • Read water meters monthly and bill monthly • Implement monthly billing in conjunction with a conversion from manual read meters to AMR/A 4 February 2, 2016 11 33 CITY MANAGER'S BRIEFINGS CITY SERVICES MONTHLY BILLING/ AUTOMATED METER READING ITEM#65628 (Continued) Automated Meter Reading(AMR)and Advanced Metering Infrastructure (AMI) involve using wireless technology to read water meters instead of manual meter reading: What is AMR and AMI • Automated meter reading (AMR) and Advanced Metering Infrastructure (AMI) read water meters wirelessly—no meter readers • Not cost justified with bi-monthly meter reading • Much better case with monthly meter reading especially if meters can turn on/off wirelessly • Provides many benefits: It does for meter reading what ATM's have done for banking • Conversion is five-year, $25 million program The slide below shows how complex the Billing and Delinquency Process is, as well as how interrelated it is with entities and functions inside and outside of Public Utilities and the City: Public Utilities Billing Process Workflow =,Aa. t Oji I swoon.. i 3 17.%17.-'1 February 2, 2016 34 CITY MANAGER'S BRIEFINGS CITY SERVICES MONTHLY BILLING/ AUTOMATED METER READING ITEM#65628 (Continued) Below is a summary of the estimated Metering/Split Billings: Estimated Metering/Split Billings • Saves the cost of additional meter reads but incurs increased costs in the call center, leak adjustments, and bad-debt write-off • Significant customer dissatisfaction and confusion • Problems with billing system customizations • Issues with move-in and move-outs • Hampers leak detection and increases adjustments • Does not reduce billing and enforcement period or delinquent balances Below are the other municipalities surveyed regarding utility billing: Other Utilities • Surveyed 30 Utilities(7 in Hampton Roads,23 nationally) —Overwhelmingly recommended against split-billing/estimated metering including the utility that was doing it —Columbus GA Water Works described it as a"customer service nightmare"and indicated that they were moving to AMR so they could read meters monthly • Locally, Norfolk, Suffolk, Franklin and Gloucester bill monthly and all four read meters monthly • Portsmouth, James City County, Chesapeake and Newport News are installing or plan to install AMR/AMI systems which provide monthly meter reading at no additional cost February 2, 2016 11 35 CITY MANAGER'S BRIEFINGS CITY SERVICES MONTHLY BILLING/ AUTOMATED METER READING ITEM#65628 (Continued) Below is the public response to monthly billing: Public Response to Monthly Billing • Utilities that have converted to monthly billing indicate positive customer response • February 2014: VTH for Monthly Billing —Not favored by three-fourths of 361 respondents —Participation in the VTH is self-selected —VTH was conducted after significant increase in City Services Bill for FY2014 and many comments were focused on those increases —VTH results might not be a good predictor of the ultimate customer response to monthly billing Converting to monthly billing will have costs associated with preparing and sending twice as many bills, regardless of whether monthly meter reading is implemented or not. The cost is estimated at$600,000 per year: Annual Cost of Monthly Billing • Cost to send twice as many bills — Paper, Printing, Postage: $375,000 —Treasurer's Costs $ 85,000 —3 FTE's in Business Division $140,000 $600,000 • Cost for additional meter reading: $400,000 • If Estimated Meter Readings or Split Billing are implemented,we will incur meaningful increases in the Call Center, Leak Adjustments,and Bad-Debt Write-Off. A 10% increase would cost$200,000 February 2, 2016 11 36 CITY MANAGER'S BRIEFINGS CITY SERVICES MONTHLY BILLING/ AUTOMATED METER READING ITEM#65628 (Continued) An AMR/AMI conversion is an expensive project. Mr. Leahy suggests the City consider carefully studying all aspects of the conversion: Time to Implement Monthly Billing • AMR/AMI: Study and evaluation through FY2017. If feasible, meter conversion would begin July 1, 2017. Monthly billing would begin half-way thru the conversion (January 2019) • Manual meter reading and monthly billing requiresl2-16 months to implement —If initiated now, monthly billing in summer of 2017 — If initiated when AMR/AMI study is complete, monthly billing in winter 2019 Below are the conclusions: Conclusions • Monthly billing would have important benefits for low- income customers • Without monthly meter reading, many of the benefits to low-income customers don't materialize • If estimated or split billing worked in the metered utility industry, billing systems would have modules for it and utilities would be doing it • Water/sewer utilities are moving in the direction of the private sector utilities with monthly meter reading and monthly billing—often in conjunction with AMR/AMI February 2, 2016 37 CITY MANAGER'S BRIEFINGS CITY SERVICES MONTHLY BILLING/ AUTOMATED METER READING ITEM#65628 (Continued) Below are the recommendations: Recommendations • Investigate business case for AMR/AMI. If feasible, implement monthly billing with the conversion • In the meantime: Use contract meter readers for additional meter reads and implement monthly billing ASAP—July 2017. • Alternatively,wait until AMR/AMI study is complete. If AMR/AMI is a no-go, implement monthly meter reading and billing at that time—January 2019 • Public Utilities recommends against estimated or split billing —Customer dissatisfaction and offsetting administrative costs —Excludes many benefits needed by low-income customers Questions? Mayor Sessoms thanked Mr. Leahy for the updated information. City Council will consider these recommendations during the upcoming Budget process. February 2, 2016 38 CITY COUNCIL LIAISON REPORTS ITEM#65629 5:35 P.M. Councilman Uhrin advised he was at the General Assembly in Richmond last week and there is some "Proffer Legislation" being considered that could be a potential problem for the City and if City Council agrees, they will want to give some direction to Bob Mathias. Deputy City Attorney Bill Macali advised no locality is happy about the proposed Legislation but seemingly it is on the `fast-track"for approval: PROPOSED CONDITIONAL ZONING LEGISLATION HB 770 (COMMITTEE SUBSTITUTE) House Bill 770 was reported on January 29th with a 19-2 vote: HB 770 (Gilbert) is one of two bills on conditional zoning pending in the General Assembly. It was reported on 1/29 by a 19-2 vote of 19-2 SB 549 was/is in committee today (2-2-16) February 2, 2016 39 CITY COUNCIL LIAISON REPORTS ITEM#65629 (Continued) Below are the basic provisions: Basic provisions: No locality shall: (i) request or accept any "unreasonable proffer" in connection with a conditional rezoning or modification as a condition of approval of a "new residential development"or"new residential use" or (ii) deny any conditional rezoning application or modification for a new residential development where such denial is based in whole or in part on an applicant's failure or refusal to submit, or remain subject to, an unreasonable proffer. Applies to any conditional zoning application seeking a conditional rezoning or modification that would allow residential units (single-family, multifamily, residential component of mixed-use) above what is allowed by right. February 2, 2016 40 CITY COUNCIL LIAISON REPORTS ITEM#65629 (Continued) Very problematic language throughout the proposed Bill: An "unreasonable proffer" is any proffer except one that is"specifically and uniquely attributable to"the proposed development. In the case of proffers for off-site improvements,a proffer is also deemed unreasonable unless: (a) the proposed development creates a need for one or more public improvements in excess of existing capacity at the time of the application;and (b)the proposed development receives a direct and material benefit from a proffer made concerning such public improvements Although the provisions is worded poorly, it appears to mean, for example, that a proffer for an off-site improvement (cash or in-kind, such as for roadway construction) is "unreasonable" and therefore may not be accepted by a locality unless (1) the impact of the proposed development would result in the public facility's exceeding its capacity, and (2) the proposed development receives a direct and material benefit from the proffer February 2, 2016 41 CITY COUNCIL LIAISON REPORTS ITEM#65629 (Continued) The bill prohibits localities from "imposing or requiring" proffers regarding such matters as building materials, finishes, methods of construction, or design features except in certain areas (which include, among others, areas in close proximity to military bases). If an application is denied: The bill replaces the traditional"fairly debatable"test with a much easier standard by which the applicant/property owner may prove his case in court. All he has to do is to show by a"preponderance of the evidence" standard that the locality "suggested, requested, or required,formally or informally"an"unreasonable proffer,"and the court must presume that the failure or refusal to actually include that proffer (or the remain subject to it) was the reason for the denial of the application. A locality can only overcome this presumption by presenting"clear and convincing evidence"(a MUCH higher standard of proof)that its decision was not based upon the fact that the applicant did not include a proffer that was suggested, requested or required by the locality February 2, 2016 42 CITY COUNCIL LIAISON REPORTS ITEM#65629 (Continued) If the applicant wins in court: The court must remand the matter to the City Council with direction to approve the application without the "unreasonable proffer[s]." The City Council then has 90 days in which to do so,and if it fails to act within that time,the court will enjoin the City from interfering in the use of the subject property as applied for The court "shall," (not "may") award the applicant (1) reasonable attorney's fees,(2)costs(which are undefined and might therefore include more than just court costs, such as filing fees) and (3) compensatory damages. There is no reciprocal provision in cases in which the locality prevails. Summary and Recommendation If enacted,the proposed legislation will: - Significantly limit the City's options in handling conditional rezoning applications for residential uses. - Prevent the City from accepting a wide range of proffers(even those the applicant is perfectly willing to provide) that have guaranteed a high quality of development - Pass along the cost of needed public improvements,generated in whole or in part by a proposed residential development, to the taxpayers. February 2, 2016 11 43 CITY COUNCIL LIAISON REPORTS ITEM#65629 (Continued) - Drastically alter,in favor of the applicant,the longstanding evidentiary standards and legal presumptions in court cases in which a rezoning action is challenged in such manner as to limit the traditional deference to local governing bodies in such actions - Expose the City to liability for attorney's fees, costs and damages in cases in which the City is unsuccessful in defending a denial of a conditional zoning application for a residential use, without any reciprocal treatment for the City when it prevails in such an action In light of the foregoing concerns, it is recommended that the City oppose the enactment of the proposed legislation City Attorney Stiles advised, the proposed House Bill, in essence, will prohibit City Council from denying any Proffer that is brought forward for consideration. Councilman Davenport objects to the City Council opposing the proposed House Bill. After City Council discussion, Mayor Sessoms instructed City Attorney Stiles to provide a formal objection to this proposed Legislation and to note Councilman Davenport's objection. February 2, 2016 44 CITY COUNCIL'S COMMENTS ITEM#65630 5:42 P.M. Councilman Dyer advised he received a concern regarding Handicap Parking at Town Center and requested the City Manager look into this and provide City Council a status update. February 2, 2016 45 CITY COUNCIL COMMENTS ITEM#65631 (Continued) Councilman Moss requested the discussion regarding the possible relocation of City Hall not take place at the upcoming Retreat but rather during a regularly scheduled City Council Workshop. February 2, 2016 46 AGENDA REVIEW SESSION ITEM#65632 5:44 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: H. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the FY 2015-16 Operating Budget for the Community Development Block(CDBG) Grant and HOME Programs 2. Resolution to AUTHORIZE and DIRECT City Manager to EXECUTE: a. Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City regarding the purchase of Agricultural Reserve Program (ARP) easements. b. Memorandum of Agreement for construction and dedication of two (2)community signs to be installed in the median of Atlantic Avenue at 83rd and 42V2 Streets 3. Resolution to AUTHORIZE establishment ofLifecare Medical Transports,Inc. in Virginia Beach and to AUTHORIZE an annual EMS Permit for providing private ambulance services 4. Ordinances to ACCEPT and APPROPRIATE: a. $2,500.00 Grant from Wal-Mart for the Virginia Beach Community Emergency Response Team b. $11,250.00 Grant to Housing and Neighborhood Preservation with AUTHORIZATION for a local match re AmeriCorps VISTA c. $19,332.00 re survey and study of dams and impoundments d. $995,000.00 from VDOT for primary extension paving February 2, 2016 47 AGENDA REVIEW SESSION ITEM#65632 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L PLANNING 1. JOHN FINGUERRA for Subdivision Variance to 4.4 (b) of the Subdivision Regulations at 1109Rose Lane DISTRICT 5—LYNNHAVEN 2. JESS STEVENSON/ST. NICHOLAS CATHOLIC CHURCH for Conditional Use Permit re outdoor recreation at 712 Little Neck Road DISTRICT 5 — LYNNHAVEN 3. DANIELLE GOOD/STEVE DEGNER MAGNATE PROP, LLC for Conditional Use Permit re a Vocational School and Tattoo Parlor at 3824 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN 4. VIRGINIA BEACH TRAVEL SOCCER INC/COLONIAL SELF-STORAGE LP for a Conditional Use Permit re indoor recreation on the North side of Buckner Boulevard, West of Holland Road DISTRICT 3—ROSE HALL 5. WHISKEY RIVER DEVELOPMENT, LLC/STRAWBRIDGE MARKET PLACE, LLC for Conditional Use Permit re a Tattoo Parlor at 2135 General Booth Boulevard DISTRICT 7—PRINCESS ANNE 6. AMEND Section 801 of the City Zoning Ordinance (CZO)re Farm Stands ITEM#4 WILL BE DEFERRED INDEFINATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#6 February 2, 2016 48 ADDED ITEM#65633 City Attorney Stiles advised there is a Bill pending in the General Assembly that would take away all "grandfathered" status for Grievance Hearings. That would include the City's Personnel Board being replaced by a panel or an Administrative Hearing Officer. The City does not make recommendations without the approval of City Council; however, his belief is City Council has been happy with the Personnel Board for the past twenty(20)years. Mayor Sessoms asked if any City Council Member objects to the City maintaining the Personnel Board. Hearing no objections,Mayor Sessoms advised the City Council wishes to maintain the Personnel Board. February 2, 2016 49 ITEM#65634 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: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Mills T. and Kristen H Robinson v. City of Virginia Beach 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 February 2, 2016 50 ITEM#65634 (Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:46 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 5:46 P.M. - 5:50 P.M.) February 2, 2016 51 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 2, 2016 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, February 2, 2016, 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: Rachid Khould, Imam Crescent Community 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. February 2, 2016 52 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 identifring 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. February 2, 2016 53 Item—VII-E CERTIFICATION ITEM#65635 Upon motion by Councilman Moss, seconded by Council Lady Ross-Hammond, 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 February 2, 2016 s . S OF O,uR'N\`0,15 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#65634 Page 50 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. O th Hodges raser, MMC City Clerk February 2,2016 I I II 54 Item -VII-F MINUTES ITEM#65636 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS January 19, 2016, and SPECIAL FORMAL SESSION January 26, 2016. 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 February 2, 2016 I. 55 ADOPT AGENDA FOR FORMAL SESSION ITEM#65637 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 2, 2016 56 Item - VII-H ORDINANCES/RESOLUTIONS ITEM#65638 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT:Agenda Items 1, 2a/b, 3 and 4a/b/c/d. 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 February 2, 2016 li 11 57 Item -VII-H.1 ORDINANCES/RESOLUTIONS ITEM#65639 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AMEND the FY 2015-16 Operating Budget for the Community Development Block(CDBG) Grant and HOME Programs 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 February 2, 2016 11 1 AN ORDINANCE TO AMEND THE FY 2015-16 2 OPERATING BUDGET FOR THE COMMUNITY 3 DEVELOPMENT BLOCK GRANT PROGRAM AND THE 4 HOME PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. Revenues and appropriations for the Community Development Block 10 Grant Program are hereby reduced by $12,378; and 11 12 2. Revenues and appropriations for the HOME Program are hereby reduced 13 by $28,919. 14 15 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day 16 of February , 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servic_ CityCity�Atto1 s office CA13558 R-1 January 20, 2016 58 Item -VII-H.2a ORDINANCES/RESOLUTIONS ITEM#65640 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City regarding the purchase of Agricultural Reserve Program (ARP) easements. 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 February 2, 2016 11 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM 8 EASEMENTS 9 10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 12 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 13 within the City; 14 15 WHEREAS, since its inception of the ARP, approximately 9,316.34 acres of land 16 have been placed under easements restricting development of the land to agricultural 17 uses; 18 19 WHEREAS, the General Assembly, by Chapter 665 of the 2015 Acts of 20 Assembly, has appropriated $1,750,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office 26 of Farmland Preservation to develop methods and sources of revenue for allocating 27 funds to localities to purchase agricultural conservation easements; 28 29 WHEREAS, VDACS has determined that the City is eligible to receive 30 contributions of funds from VDACS in reimbursement for certain costs the City will incur 31 in the course of purchasing ARP easements; 32 33 WHEREAS, the City and VDACS desire to enter into an agreement wherein 34 VDACS will agree to reimburse the City for certain costs incurred by the City in the 35 course of purchasing ARP easements, up to a cumulative maximum amount of 36 $411,890.87, for a period of two (2) years from the date of the agreement; 37 38 WHEREAS, a copy of the proposed agreement between the City and VDACS, 39 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 40 Consumer Services and The City of Virginia Beach," dated December 31, 2015 (the 41 "Agreement"), is on file in the City Clerk's Office; 42 43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 44 Exhibit A; and 11 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH: 51 52 That the City Manager is hereby authorized and directed to execute the 53 Intergovernmental Agreement between the Virginia Department of Agriculture and 54 Consumer Services and the City of Virginia Beach, dated December 31, 2015, so long 55 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 56 A, and incorporated herein, and such other terms, conditions, or modifications as may 57 be acceptable to the City Manager and in a form deemed satisfactory by the City 58 Attorney, and to take such measures as are necessary or advisable to implement the 59 Agreement. 60 61 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 62 VIRGINIA BEACH: 63 64 That the City Council hereby expresses its appreciation to the Governor, the 65 General Assembly and the Virginia Department of Agriculture and Consumer Services 66 for their continued commitment to the preservation of agriculture within the 67 Commonwealth of Virginia and the City of Virginia Beach. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day 70 of February , 2016. Approved as to Content: Approved as to Legal Sufficiency: gelA �� Dept. of Agriculture City Attorney CA13481 R-1 January 21, 2016 2 11 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of$1,322,129.33 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 - 49,900.00 2/23/10 - 93,932.19 2/22/11 - 12,500.00 6/14/11 - 54,247.37 1/24/12 - 110,952.46 1/22/13 - 160,715.64 3/11/14 - 149,678.46 2/24/15 - 286,983.46 The City is now eligible to receive an additional $411,890.87 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $411,890.87 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees II Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. • Utilize state funds to further protect agricultural lands by purchasing development rights. • Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2015 through December 31, 2017). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 59 Item -VII-H.2b ORDINANCES/RESOLUTIONS ITEM#65641 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE: b. Memorandum of Agreement for construction and dedication of two (2) community signs to be installed in the median of Atlantic Avenue at 83rd and 42 '/2 Streets 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 February 2, 2016 1 A RESOLUTION AUTHORIZING THE EXECUTION 2 OF A MEMORAND A OF DED DEDICATION OF FOR TWO THE 3 CONSTRUCTION, 4 COMMUNITY SIGNS TO BE INSTALLED IN THE 5 MEDIAN OF ATLANTIC AVENUE AT 83RD STREET 6 AND 42 1/2 STREET 7 8 WHEREAS, the North Virginia Beach Civic League (the "NVBCL") desires to 9 erect two neighborhood identification signs welcoming citizens and tourists to the North 10 End Community; and 11erty the 12 WHEREAS, the Cityraof Virginia Beach ("City") owns real ifor an 13 of Atlantic Avenue at 83 Street and 42 1/2 Street 14 such signs; and 15 16 WHEREAS, the NVBCL and the City wish to enter into a Memorandum of 17 Agreement ("MOA") to provide for the construction, nd sdedicationrendering of two twfo neighbtnsh 18 Identification signs and appropriate landscaping, copy o s 19 attached hereto as Exhibit A; and 20 21 WHEREAS, the signs will be placed in the median of Atlantic Avenue at 83rd and 22 42 1/2 Streets as coordinated with the Department of sign placement is copy ofattached 23 topographical survey of the intersections and p 24 hereto as Exhibit B; and 25 26 WHEREAS, the MOA provides for the NVBCL to dedicate the signs to the City 27 after they have has been constructed; and 28 29 WHEREAS, a Resolution was adopted on described November above12, 013 authorizing the 30 City Manager to execute a MOA for the sig 31 32 WHEREAS, the NVBCL has recently decided to proceed with the execution of 33 the MOA, and the construction of the signs; and 34 35 WHEREAS, the MOA approved on November 12, 2013 required the construction 36 and installation to be complete by November 12, 2014; and 37 38 WHEREAS, the completion date has already passed, and a new completion date 39 of November 12, 2016 is required. 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA, THAT: 43 44 The City Manager is hereby authorized to execute a MOA between the City and 45 the NVBCL to provide for the construction, and dedication of the North Virginia Beach 46 neighborhood identification signs, a summary of material terms of the MOA is attached 47 hereto as Exhibit C and incorporated herein. 48 Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of February , 2016. 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ATTACHMENTS Exhibit A: rendering of the signs Exhibit B: proposed locations TERMS The NVBCL and its contractors and subcontractors are required to have insurance at all times during construction. The NVBCL will indemnify and hold harmless the City for any actions or omissions on the part of the NVBCL or any of its agents, contractors, subcontractors, and employees during such construction. The MOA provides for the dedication of the signs after completion. After dedication the City at its sole discretion shall be responsible for any maintenance and repair. The median locations will be available to the NVBCL for construction and installation activities of the signs. The NVBCL will allow access during construction and installation of the signs at any reasonable time to the City, its agents, or employees. The improvements to City property include the two signs and appropriate landscaping. The NVBCL will not do any act or permit any action to be taken that would result in a lien being placed upon the location of the signs. The MOA contains standard City contract provisions about, among other things, the independence of the contracting parties, the termination of the agreement, and the ability of either party to assign the agreement. The installation of the signs shall be completed by November 12, 2016. MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into this day of 2015, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("the City") and the NORTH VIRGINIA BEACH CIVIC LEAGUE, a non-profit, non-stock corporation ("NVBCL") (collectively referred to as the "Parties"). AGREEMENT The Parties to this MOA, for and in consideration of the mutual efforts to promote and support the construction and installation of a community sign for North Virginia Beach agree as follows: Section 1: Term This MOA shall be in effect from the date stated above and shall continue in effect until the MOA is dissolved by mutual, written agreement of the Parties. Section 2: NVBCL Obligations 1. Sign Design and Construction/Permits/Insurance: At its sole cost and expense, the NVBCL shall be responsible for the design, construction and installation of two (2) community signs for the North Virginia Beach community. The monument signs, as shown on Exhibit A attached hereto, will be approximately 77 inches tall and 72 inches wide and will be one-sided. "Welcome North End A Neighborhood since 1917" will be the lettering on both signs. The NVBCL or its contractor shall construct and install the signs upon public property, the medians at 83rd Street and Atlantic Avenue and 42 'h Street and Atlantic Avenue, as shown on Exhibit B attached hereto and made a part hereof. The NVBCL shall diligently pursue the construction and installation of the signs to completion by November 12, 2016. The NVBCL shall secure all necessary permits required by federal, state, or local Statutes, ordinances, and regulations now in effect and hereafter adopted (prior to the date of dedication), to construct and install the signs. The NVBCL shall ensure that its general contractor and all subcontractors secure commercial liability insurance in amounts and with coverage acceptable to the City and naming the City as an additional insured. A certificate of insurance evidencing such coverage shall be delivered to the City prior to the commencement of any work on the city medians. 2. Sign Design Review and Approval Process: Prior to the construction and installation of the signs, the NVBCL shall submit all specifications, designs, plans, and construction schedule of the signs for review and approval by the City. The City Council has received the attached Exhibit A and B showing the design and location of the signs at its meeting on November 12, 2013. 60 Item -VII-H.3 ORDINANCES/RESOLUTIONS ITEM#65642 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the establishment of Lifecare Medical Transports, Inc. in Virginia Beach and to AUTHORIZE an annual EMS Permit for providing private ambulance services 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 February 2, 2016 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 LIFECARE MEDICAL TRANSPORTS INC. IN VIRGINIA 3 BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR 4 PROVIDING PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-955, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non-emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Lifecare Medical Transports Inc.; and 17 18 WHEREAS, the request and application has been recommended for approval by the 19 Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Lifecare Medical Transports Inc. for the establishment of its 30 emergency medical service in the City of Virginia Beach, and its application for an EMS 31 permit for providing private EMS ambulance services in the City of Virginia Beach is hereby 32 approved and granted, effective immediately and until June 30, 2017. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of 35 February 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4Vikit/A r Emergency Medical Services City Attorney Office CA13554 R-1 January 11, 2016 61 Item -VII-H.4a ORDINANCES/RESOLUTIONS ITEM#65643 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $ 2,500.00 Grant from Wal-Mart for the Virginia Beach Community Emergency Response Team 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 February 2, 2016 I Ii l 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 GRANT FOR THE VIRGINIA BEACH COMMUNITY 3 EMERGENCY RESPONSE TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 A grant of $2,500 from Walmart is hereby accepted and appropriated, with 9 estimated revenues from donations increased accordingly, to the FY 2015-16 Operating 10 Budget of the Fire Department for the purposes of supporting the Virginia Beach 11 Community Emergency Response Team. Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of February 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C RAA Budget and Management Services City A t• a CA13557 R-1 January 20, 2016 I I I 62 Item -VII-H.4b ORDINANCES/RESOLUTIONS ITEM#65644 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $11,250.00 Grant to Housing and Neighborhood Preservation with AUTHORIZATION for a local match re AmeriCorps VISTA 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 February 2, 2016 II 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION AND TO AUTHORIZE 4 A LOCAL GRANT MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $11,250 is hereby accepted from the Virginia Housing Development 10 Authority and appropriated, with state revenues increased accordingly, to the 11 Department of Housing and Neighborhood Preservation (DHNP) to be used in 12 furtherance of the AmeriCorps VISTA Program including costs associated with hosting a 13 VISTA member within DHNP; and 14 15 2. A local grant match of $3,750 is authorized within existing appropriations 16 in the FY2016 Operating Budget of DHNP. Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of February , 2016. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • 6ifilt)) e Budget and Management Servic-s City A • - ' sffice CA13559 R-1 January 20, 2016 I I i 63 Item -VII-H.4c ORDINANCES/RESOLUTIONS ITEM#65645 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $19,332.00 re survey and study of dams and impoundments 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 February 2, 2016 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR SURVEY AND STUDY OF DAMS AND 3 IMPOUNDMENTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $19,332 is hereby accepted from the Virginia Department of Conservation and 9 Recreation and appropriated, with state revenues increased accordingly, to Capital 10 Project # 7-415, Lake Management Phase II, to survey and study dams and 11 impoundments within the City. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of 14 February , 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tAi Bu get and Management Services City A ice CA13556 R-1 January 20, 2016 I I 64 Item -VII-H.4d ORDINANCES/RESOLUTIONS ITEM#65646 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: d. $995,000.00 from VDOT for primary extension paving 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 February 2, 2016 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR PRIMARY EXTENSION PAVING 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $995,000 is hereby accepted from the Virginia Department of Transportation and 8 appropriated, with state revenue increased accordingly, to the FY 2015-16 Operating 9 Budget of the Department of Public works for primary extension paving. 10 11 Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd 12 day of February 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C (7),jajA ‘ , lir Budget and Management Serv. es y Att ey'`Office CA13555 R-1 January 20, 2016 65 Item—VII-I PLANNING ITEM#65647 1. JOHN FINGUERRA SUBDIVISION VARIANCE 2. JESS STEVENSON/ CONDITIONAL USE PERMIT ST.NICHOLAS CATHOLIC CHURCH 3. DANIELLE GOOD/ CONDITIONAL USE PERMIT STEVE DEGNER MAGNATE PROP,LLC 4. VIRGINIA BEACH TRAVEL SOCCER INC/ CONDITIONAL USE PERMIT COLONIAL SELF-STORAGE LP 5. WHISKEY RIVER DEVELOPMENT,LLC/ CONDITIONAL USE PERMIT STRAWBRIDGE MARKET PLACE,LLC 6. CITY ZONING ORDINANCE FARM STANDS ITEM#4 WILL BE DEFERRED INDEFINITELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#6 February 2, 2016 66 Item-VII-I PLANNING ITEM#65648 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Items 1, 2, 3, 4(DEFERRED INDEFINITELY/ MAYOR ABSTAIN), 5(MAYOR ABSTAIN) and 6(MOSS VERBAL NAY) 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 February 2, 2016 II lil 67 Item—VII-I.1 PLANNING ITEM#65649 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and CONDITIONED, BY CONSENT: Application of JOHN FINGUERRA for Subdivision Variance to 4.4 (b)of the Subdivision Regulations at 1109Rose Lane DISTRICT S—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JOHN FINGUERRA for Subdivision Variance to 4.4 (b) of the Subdivision Regulations at 1109 Rose Lane (GPINs 2418465454,2418465364)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. With the exception of the rear lot lines, the property shall be subdivided substantially as shown on the submitted Site Plan entitled, "PRELIMINARY RESUBDIVISION OF LOT 205 & THE SOUTHERN 98.50' OF LOT 204," as prepared by Gallup Surveyors and Engineers and, dated August 17, 2015. 2. The rear lot lines shall meet all applicable standards of the City's Subdivision Regulations and be platted following the perimeter of the natural body of water. 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 Second day of February, Two Thousand Sixteen. 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 2, 2016 11 L z„ WI sir,. =' . 10.___J 1, _ it . � ,� . o . Is a 3 4 C St S�\\ Ce VR E 5iz z z J /"'~ .,R 68 Item—VII-I.2 PLANNING ITEM#65650 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and CONDITIONED, BY CONSENT: Application of JESS STEVENSON/ST. NICHOLAS CATHOLIC CHURCH for Conditional Use Permit re outdoor recreation at 712 Little Neck Road DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JESS STEVENSON/ST. NICHOLAS CATHOLIC CHURCH for Conditional Use Permit re outdoor recreation at 712 Little Neck Road (GPIN 1488805079) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The recreational fields and any activity associated with practice shall not be permitted within 125 feet of the edge of the pavement of Little Neck Road. This area has been identified on the attached Site Layout. 2. The fields shall be oriented parallel to Little Neck Road, as shown on the attached Site Layout. 3. There shall be no lights,permanent or temporary, used to illuminate the recreational fields. 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 Second day of February, Two Thousand Sixteen. 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 February 2, 2016 ! l1 ,.., IS 60 C' or& r) ,,, // ,, 1/4i Or / e ' \4\44\ "SAr.:411, I --'iff ,.' tiLC:. i. 0 C "Ir4 11 OY- gm al ''''4° / q* el Ili 47-- 0'• ' ,t. > 4) 46 '..- 41) 1,. iiso t 'i,t„. Cs /cop 43.0, 'U4, iL;1,9 4., in IP. 00 VI SSN.--- '''' 00 N 000 -%-- 4tirptc, gm gi . 0 am% ''reL -,f).L 1% Ur CC 0 , ...... \ E 004 Q.) i • Z ' Cl. * • CI .0) li tet • . / \ • (X) "1"*3 C 0 ,T - • tan , 4... „ \ (400 z • V 0 L.) 0 • 0.0ta .\\\, 4t" 714:4 ' ,, cir„ ................................... v_iv: 19.‘rf-4:64/'ET7 t4' il' 04464%‘4* cc JR sS` 2 .. t ' ' ...1 IN " ille rol 1/ r4. ' 4 Lit , 61 (:) i OA , . i I i I 69 Item—VII-I.3 PLANNING ITEM#65651 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and CONDITIONED, BY CONSENT: Application of DANIELLE GOOD/STEVE DEGNER MAGNATE PROP, LLC for Conditional Use Permit re a Vocational School and Tattoo Parlor at 3824 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DANIELLE GOOD/STEVE DEGNER MAGNATE PROP, LLC for Conditional Use Permit re a Vocational School and Tattoo Parlor at 3824 Virginia Beach Boulevard (GPIN 1487249483)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. A Certificate of Occupancy shall be obtained prior to the operation of the Vocational School. 2. A Business License for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 3. The actual Tattoo, or permanent make up application, shall not be visible from the exterior of the establishment or from any waiting and sales area within the establishment. 4. Any on-site signage for the Tattoo establishment shall meet the requirements of the City Zoning Ordinance and there shall be no neon or electronic display signs or accents. This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Second day of February, Two Thousand Sixteen. 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 February 2, 2016 13 ,- , , Lu 06 I ,. 1 0 re) 0 P3 CO 1 4.4 4.0 0 0 + \ t C3 ;0 0 i--- re) <ci- CO _ 0 t NIi , 0 C' ...Z Emu c NI , Le) ..... ...... C o 1 A cs 0 , z CO -r 1 0086,F,:,.,;_,_;, -0 0 Cill 4k(1 , g , > o 0 1 C0 ! I 1 . 4..0 .... U E RI , W o.) i ca 0- 40 re) NI l I , ,st. grin , Ea I-) NM ommunimmasimminniammimanuai41 .i. C •... L. WIWI * - , ; , 1 tb VI ....., 0 C 0 ...... +.0 ..... ";1: 1:3 C 0 ; (...) 1 . 1 144 I 1 I § I ‘110 il 1 co .... : m i , g › , c0 1 1 p4s-, , ..c ,..,.., , N U co -- r, 0 , Li c0 . .....1 120 # 5 i et re- I ,C) 00 CNI -1ZS 1 I el I 2 -ç ).•J a SI “. I"' ,(14.1 - 1 0 - •4e , Z r:NC4* c,t431eS AV: 1 1 11011 vo-i5V , Z Z >" 0.1- 1 i ...I [ 1 11 70 Item—VII-I.4 PLANNING ITEM#65652 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY, BY CONSENT: Application of VIRGINIA BEACH TRAVEL SOCCER INC/COLONIAL SELF-STORAGE LP for a Conditional Use Permit re indoor recreation on the North side of Buckner Boulevard, West of Holland Road DISTRICT 3—ROSE HALL 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 February 2, 2016 4G1N1A• BEAD p /1-) 1 City of Vir iriia 1 beach Ofi OUR Noo' 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 0057166 February 2, 2016 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 Virginia Beach Travel Soccer Inc. for a conditional use permit for an indoor recreation facility on land owned by Colonial Self-Storage LP and located at the north side of Buckner Boulevard, west of Holland Road. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. The applicant has disclosed that it is in discussions with TowneBank as well as other financial services providers to provide services 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. II Mrs. Ruth Hodges Fraser -2- February 2, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, illiam D. Ses oms Mayor WDS/RRI II I II 71 Item—VII-I.5 PLANNING ITEM#65653 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and CONDITIONED, BY CONSENT: Application of WHISKEY RIVER DEVELOPMENT, LLC/STRAWBRIDGE MARKET PLACE, LLC for Conditional Use Permit re a Tattoo Parlor at 2135 General Booth Boulevard DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WHISKEY RIVER DEVELOPMENT, LLC/STRAWBRIDGE MARKET PLACE, LLC for Conditional Use Permit re a Tattoo Parlor at 2135 General Booth Boulevard (GPIN 2414086744)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. A Business License for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual Tattoo application shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the Tattoo establishment shall meet the requirements of the City Zoning Ordinance and there shall be no neon or electronic display signs or accents. 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 Second day of February, Two Thousand Sixteen. 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 February 2, 2016 ....1 _1 u4�. .., 6043) 8 „A, ,.„ 0 s,... 1 .\\,,,,........JI ..... 40 ., u ion— i. E c c OC ,p TD 0 L. GI 44 ., . . tois, _ Je c -,,,,, vb ' a ,,,,„ \ i L .4 i ,, g , x C 01 w co LA b rli,� en N 0 ii Q. 04 O /1' � ) City of Vir irzia i beach 4. yo Op OUR NA110r' 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.corn In Reply Refer to 0057168 February 2, 2016 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 Whiskey River Development,LLC for a conditional use permit for a tattoo parlor on land owned by Strawbridge Market Place, LLC and located at 2135 General Booth Boulevard. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. The applicant has disclosed that TowneBank, along with other banks, provides financial services 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- February 2, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) jeme„.„0„..., Sincerely, e)fra illiam D. Sessoms Mayor WDS/RRI it I I� 72 Item—VH-L6 PLANNING ITEM#65654 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 801 of the City Zoning Ordinance(CZO)re Farm Stands Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, 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: John D. Moss Council Members Absent: None February 2, 2016 111 1 AN ORDINANCE TO AMEND SECTION 801 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE REQUIREMENTS FOR 4 FARM STANDS 5 6 SECTION AMENDED: § 801 of City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 801 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 8. OFFICE DISTRICTS 19 20 . . . . 21 22 Sec. 801. Use regulations. 23 24 (a) Principal and conditional uses. The following chart lists those uses permitted within 25 the 0-1 and 0-2 Office Districts. Those uses and structures in the respective office 26 districts shall be permitted as either principal uses indicated by a "P" or as 27 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 28 prohibited in the respective districts. No uses or structures other than as specified 29 shall be permitted. Use 01 02 Roadside Farm stands for the sale of agricultural products, provided that: (11 the size of the stand shall be determined by the Conditional Use Permit; no such stand shall exceed one thousand (1,000) square feet in floor area; (2) only agricultural and agriculturally-related products, as defined in Section 401 (e) of the City Zoning Ordinance, shall be sold at the farm stand; no such stand shall X C be located within fifty (50) feet of any street; (3) all portions of the property used for agricultural purposes including, but not limited to, the growing of crops or the raising of farm animals shall be identified in the Conditional Use Permit; the operator of such stand shall be the owner or operator of the property on which the stand is located; and (4) One parking space for every 250 square feet of covered farm stand sales area shall be provided, unless special conditions warrant a modification identified in the Conditional Use Permit. ne-less than fifty (50) percent, by value, of the products offered for sale at the stand shall 30 31 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of February , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PI. ning i-partment City Attorney's Office CA13423 R-2 August 21, 2015 2 73 ITEM VII-J APPOINTMENTS ITEM#65655 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 CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD-CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 2, 2016 1 74 ITEM VII-J APPOINTMENTS ITEM#65656 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: DAVID L.HANSEN Unexpired term thru 06/30/2017 HAMPTON ROADS PLANNING DISTRICT COMMISSION-HRPDC 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 February 2, 2016 it II 75 ITEM VII-J APPOINTMENTS ITEM#65657 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JASON BARNEY-ALTERNATE Unexpired term thru 09/30/2020 WETLANDS 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 February 2, 2016 76 Item -VII-M ADJOURNMENT ITEM#65658 Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 6:07P.M. / manda Finley-Barnes, MMC Chief Deputy City Clerk R -.•ges ,aser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia February 2, 2016 77 PUBLIC DIALOGUE George Pilgrim, 2200 Zia Drive, Phone: 301-3329, requested the City Council consider taxing owners of recreational boats. The dredging expenses to keep waterways navigable for boat traffic should not fall on Citizens but rather the boat owners using the waterways. It was noted the City's current Budget commits more than $2.5-Million from the General Fund for dredging of three (3) waterways. Ken Chord,played an audio recording regarding the United States taking a leading role in implementing the decisions, as amended, made at the Earth Summit. The United States should develop a national strategy to implement Agenda 21 and other Earth Summit agreements through Domestic and Foreign Policies and cooperate with all countries to identify and initiate further agreements. The second audio recording Mr. Chord played stated the origins of the Environmental Movement which began in 1968 when the Club of Rome was born. The Club of Rome has been descried as a crisis think-tank and specializes in crisis creation. The main purpose of these think-tanks was to formulate a crisis that would unite the world and condition us to the idea of "global solutions to local problems". In a document, called the First Global Revolution, authored by Alexander King and Bertrand Schneider, specifically pages 104-105, states "in searching for new enemy to unite us, we came up with the idea that pollution, the threat of global warming, water-shortages, famine and the like would fit the bill". Mr. Chord advised as City Council continues to increase the density, more and more jobs leave the City. Frank Papcin, 4008 Rumford Lane, Phone: 498-4878, stated he remembered all of the arguments and discussion in developing the Municipal Center in the "Center of the City" and now the City is considering moving the Municipal Center to Town Center. Geographically, the Municipal Center is the center of the City and Town Center is only 3 miles from the Norfolk border. He does not understand how the City can justify leaving property owned by the City to lease property and relocate the Municipal Center. He requests the City remodel the buildings and not relocate the Municipal Center to Town Center. The Public Dialogue re Non Agenda Items concluded at 6:17 P.M. February 2, 2016