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Home My WebLink AboutJANUARY 3, 2017 MINUTES 4,r ••T", Gs e 4. 4'eus .00J° VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 3, 2017 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefings on the VDOT REVENUE SHARING in the City Council Conference Room, Tuesday,January 3, 2017, at 3:00 P.M Council Members Present: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None 2 CITY MANAGER'S BRIEFINGS VDOT REVENUE SHARING ITEM#66655 3:00 P.M. Mayor Sessoms welcomed Phil Pullen, Manager— Transportation, Public Works. Mr. Pullen expressed his appreciation to the City Council for their continued support: VDOT's REVENUE SHARING PROGRAM City Council Briefing a,*,�''""s', '1 ; January 3, 2017 6 • .we*sr +,0, ane 4.0fi Phil Pullen,P.E. Transportation Division Manager Public Works s Below is an overview of the Revenue Sharing program: ' ••1.5'A What is Revenue Sharing � • • Code of Va. Section 33.2-357 • Funded from Revenues by the GA • $15M - $200M CTB Allocation • Appropriated for the improvement, construction, maintenance of highways • Began in 2006 • Increased Funding in 2013 • 50/50 Match Requirement • Proposed CTB Changes to Reduce RS Funding 2 January 3, 2017 Ali 3 CITY MANAGER'S BRIEFINGS VDOT REVENUE SHARING ITEM#66655 (Continued) The City has received an average of$10-Million per year for the past five(5)years: Historical RS Allocations 't,�,,, ' Revenue Sharing (RS) Year anount Awarded toVirginiaBeach . FY06 $744,920 FY07 $0 OVERALL FY08 $1,000,000 A $1,000,000VERAGE GE FY100 $1.000.000 r FY11 $460,904 FY12 $5,000,000 FY13 $10,000,000 AVERAGE LAST FY14 $10.000,000 FIVE YEARS FY15 $10,000,000 FY16 $10.000.000 $,y®n® � � FY17 $10,000,000, 7 TOTAL $59,205,824 3 - The Commonwealth is currently considering the proposed changes to the Revenue Sharing program: (1.1 RS Rules Current vs Proposed `.-..,.. Current Proposed $10M Per Year max per locality Option 1-$5M Per Year max per Locality No limit per Project Option 2-$10M max per Project No requirement on spending local funds Option 3-Must spend local funds first first before add'l allocations are provided Option 4-All(3)Options Above 4 January 3, 2017 4 CITY MANAGER'S BRIEFINGS VDOT REVENUE SHARING ITEM#66655 (Continued) The City currently has eight(8)projects that are partially funded with Revenue Sharing: (14-1)iii h Current RS Projects Project $ Centerville Turnpike Phase II $10M Elbow Road Phase II-B $5M First Colonial Rd/Virginia Beach Blvd $7M Lesner Bridge Replacement $5.3M Princess Anne Road Phase VII $11M Rosemont Road Phase V $7M Shore Drive Corridor Phase III $5M Witchduck Road Phase II $5M 5 Four(4)projects have been completed using Revenue Sharing funds: . Completed RS Projects (......)4 Project RS Funds Bonney Road/Kentucky Avenue $420K Princess Anne Road/Kempsville Road $1.5M Nimmo Parkway Phase V-A $1M Princess Anne Road Phase IV $1M 6 January 3, 2017 5 CITY MANAGER'S BRIEFINGS VDOT REVENUE SHARING ITEM#66655 (Continued) Bonney Rd/Kentucky Ave . Intersection • Construction • % ' "` • Completed— - r mpj December 2011 • Total Project 11 1 ••• . Cost—$1.5M -Bonney Rd/Kentucky Ave Intersection Princess Anne Rd/Kempsville--4-; Rd • Construction - 4 %. Completed— i • `ti ,pc June 2015 --- --° __ ',,::. T,.;. • Total Project Cost—$90.1M Princess Anne Rd/Kempsville Rd a January 3, 2017 6 CITY MANAGER'S BRIEFINGS VDOT REVENUE SHARING ITEM#66655 (Continued) Nimmo Parkway — Phase V-A\> f' • Construction • Completed— September 2014 • Total Project Cost—$60.4M ;Nimmo Parkway—Phase V-A s nr • Princess Anne Road — Phase IVB .-- • Construction oft+ - Completed — " June 2014 • Total Project ' Cost—$ 61.4M ar January 3, 2017 7 CITY MANAGER'S BRIEFINGS VDOT REVENUE SHARING ITEM#66655 (Continued) The City has obtained an average of$5.2-Million per year through various other State and Federal Transportation Funding Programs: Other State & Federal Transportation •.f, Funding Programs 4 =s7 • • HSIP, CMAQ, RSTP, TOTAL�,6 :�*`-- _ EN/TAP, FLAP,Access& q��'�� SMART SCALE °1WYJEf T _ IMP CYAO STV EBVTAP FLAP ,r4444u FY04 $ 5113.75 -$ •S .$ FY05 $ - $3 944 060 $3 012 120 0 •$ •$ FY06 $ • $3 283 580, $1 915,872$ •$ •$ - FY07 $111000 $6408457 51000.000 0 .$ •$ • FY08 $2,240,000 $4,513 255 $4 950 000$ .$ .$ • FY09 $1,111,000 $5,201,932$ -$ -$ •$ - FY10 $1,634.000 $3 053.010 5 -$ -$ -$ • 4111 FY5I $5,356,000 $1,181,650§ -$ .$ -$ - FY12 $5,722,000 51,400.0:0 $3.251.436 $195.000$ FY13 $391 000 $4,295 199 $2 555 519 $640,000$ -$ FY14 $ . 51103502 5577 745 $100,000/$ - $453"' FY15 $ - 01094.841 5 - 51361 925 $900.662$ FY16 $ • $433010$ - 01 000 000$ -$ FY17 0355,500$ -$ - $2,026077$ -$ TOTAL $12922,500 535,981,252 516,86289° 55,383,002 $906,862 $9350" AVERAGE $923,036 $2,570,089 $1 204.476 0364504 $64 762 $00,.• 11 • Historical Funding - City ,' • City Funding Yoa, n1 FY04 017.493.660 *Removed LRT Funding in F505 025031,423 FY16&FY17 •FY06 421000082 FY07 $20901.727 FY08 $26.124873 FY09 $34.152.181 •FY10 537.418678 FOSS $36.821921 FY,: $37910.724 AVE ®E FY13 527.846.537 $30 FY14 3:1.469.128 •Fv15 $4528]814 FY16• $25047970 •FY17• 523.785.785 TOTAL $420896.829 AVERAGE 530094.202 12 January 3, 2017 8 CITY MANAGER'S BRIEFINGS VDOT REVENUE SHARING ITEM#66655 (Continued) Below are just a few of the effects should any of the proposed changes take place to the new Revenue Sharing program: Effects of New RS Rules - f' Current Proposed City-$30M City-$30M COF-$5.2M* COF-$5.2M* RS-$10M RS-$5M Total-$45.2M Total-$40.2M 'Excludes SMART SCALE 13 ir(11-!'"I Conclusions • Transportation Funding is still down • 100% Competitive • RS is beneficial to Localities willing to provide local matching funds • Current RS $10M/year almost guaranteed • Proposed RS Changes will further reduce the City's transportation funding 14 January 3, 2017 9 CITY MANAGER'S BRIEFINGS VDOT REVENUE SHARING ITEM#66655 (Continued) Discussion 15 Mayor Sessoms expressed his appreciation to Mr. Pullen for the informative presentation. January 3, 2017 10 CITY MANAGER'S BRIEFINGS POLICE BODY CAMERA POLICY ITEM#66656 3:11 P.M. Mayor Sessoms welcomed Chief James A. Cervera. Chief Cervera expressed his appreciation to the City Council for their continued support: Virginia Beach Police Department Body Worn Camera Project UPDATE Council Summary 4" • r: January 3, 2017 Chief Cervera provided an overview of Body-Worn Cameras: What are Body-Worn Cameras? Cameras worn by the officer during an encounter with citizens Captures audio and video in real time Records from the officer's perspective(POV) Tool to enhance transparency and promote police accountability Cameras have limited fields of view and record in two- dimension January 3, 2017 11 CITY MANAGER'S BRIEFINGS POLICE BODY CAMERA POLICY ITEM#66656 (Continued) There are a large variety of Body-Worn Cameras: • of How They Work Cameras are issued to officers and are worn on the uniform The officer will activate the camera during an encounter with a citizenolic requirement) Y q uirement ) The encounter is recorded(audio and video)and saved for a pre-determined amount of time Officers can review videos,but not edit them January 3, 2017 12 CITY MANAGER'S BRIEFINGS POLICE BODY CAMERA POLICY ITEM#66656 (Continued) Why Wear Body Cameras? National trend—2P1 Century Policing Report Public expectations Accountability—good and bad Unbiased video for review Crime scenes and interviews Litigation costs and lawsuits Training needs Reduce complaints It is important to understand Body-Worn Cameras are NOT for the following: Body Cameras are NOT... The magic fix to end all violent encounters between citizens and police officers Intended to replace the officer's testimony in court(if it wasn't recorded it didn't happen) Meant to replace the officer's judgment after the fact(use-of- force cases) Another means to surveil the public and collect personal data (big brother is watching) January 3, 2017 Avow ' - 13 CITY MANAGER'S BRIEFINGS POLICE BODY CAMERA POLICY ITEM#66656 (Continued) Body-Worn Cameras are two-dimensional and will not always give a clear view of the event: BWC Video ► Cameras are attached to the officer's uniform ► Recordings are two-dimensional ► Do not always give a clear view of what happened ► Unedited and very choppy ► Does not provide the ideal viewing angle ► Does not always give a clear view of the suspects Below are the "Cons"of the Body-Worn Cameras: BWC Program - Cons ► Expensive program to implement and maintain ► Data storage,review,redaction will cause increase workload on city staff—increased personnel needed to handle FOIA requests ► ComIT,Commonwealth's Attorney and Police will need additional FTE's to manage the increased workload ► Hesitation of citizens to be recorded ► Sensitive cases and privacy concerns January 3, 2017 sir 0 15 CITY MANAGER'S BRIEFINGS POLICE BODY CAMERA POLICY ITEM#66656 (Continued) Below are the Policy Development Stakeholders for the Body-Worn Cameras: Body-Worn Cameras Policy Development Stakeholders ► Police Reps ► Commonwealth Attorney ► City Attorney ► VB Schools ► Judicial officials ► ComIT ► Purchasing ► Community forums ► African American Leadership Chief Cervera advised the Department has reviewed a number of model policies for Body-Worn Cameras: BWC Model Policies ► IACP ► MCCA ► DCJS ► Local police departments January 3, 2017 14 CITY MANAGER'S BRIEFINGS POLICE BODY CAMERA POLICY ITEM#66656 (Continued) Below are recording concerns currently being discussed: Recording Concerns Privacy issues Community policing and building bridges Juvenile suspects,witnesses and victims Sensitive locations/cases Can a person refuse to be recorded? The Department hosted several community meetings during 2016: Community Outreach Efforts VBPD hosted community meetings in 2016: January 13—Central Library January 23—LETA June 4—Virginia Association for Human Rights November 10—Pastor's Roundtable November 19—Virginia Beach African American Leadership 4 CAC meetings throughout the year Draft policy and ppt presentation posted on VBPD website January 3, 2017 .ice ok 16 CITY MANAGER'S BRIEFINGS POLICE BODY CAMERA POLICY ITEM#66656 (Continued) Body-Worn Cameras Policy Development Questions: When to activate the camera? Should we notify citizens they are being recorded? Should officers have discretion to turn off the camera? Who can view the footage? Who will have edit rights? Can officers watch the video prior to completing reports? 1111111111 Project Costs BWCs: Approx $1,000 each Data storage: Approx $100/month/camera 450 cameras x$1,200/year=$540,000/year storage Additional employees to administer the program -PD,ComIT,CWA Equipment needs—computers,office space,etc. January 3, 2017 maw, ...mmommililliiih. 17 CITY MANAGER'S BRIEFINGS POLICE BODY CAMERA POLICY ITEM#66656 (Continued) Chief Cervera provided the estimated costs and, most importantly, identified the major budgeting concern regarding sustainability: Estimated Costs to VBPD Phase I: $973,967 Phase II: $1,124,920 Phase III: $1,218,487 Phase IV: $1,378,555 Year 5: $1,420,070 TOTAL COST: $6,115,299 over 5 years Sustainability is a real concern as we budget for this technology Data storage is the costliest part of the program: Data Storage Costliest part of the program We anticipate each officer will generate 90-120 minutes of digital recordings per shift 120 officers x 2 hours/day=240 hours/day 240 hours/day x 30 days/month=7,200 hours/month Cloud-based storage for short-term needs This will impact our IT department and other agencies wired to view the videos(courts,attorneys) January 3, 2017 18 CITY MANAGER'S BRIEFINGS POLICE BODY CAMERA POLICY ITEM#66656 (Continued) The Department is looking at taking advantage of"state-of-the-art"options: BWC Project Expands Project expanded in scope requiring additional research to explore possibilities Take advantage of"state-of-the-art"options ECWs—Tasers w/cameras In-car cameras—dash cams Cloud-based storage options Records Management System upgrades(IPS) Save money by bundling? Inter-operability of the technologies to obtain the best equipment available Below is the office space for personnel that will review the videos: BWC Office Space January 3, 2017 19 CITY MANAGER'S BRIEFINGS POLICE BODY CAMERA POLICY ITEM#66656 (Continued) Below is the proposed Implementation Plan: Implementation Plan Phase in BWCs over 4 years beginning in 2017 110 cameras/year until full implementation of 450 All officers will receive the required training before being assigned BWCs Not all officers will be equipped with cameras at first. They will be assigned throughout all precincts and shifts We will continue to utilize and expand our in-car cameras, but phase out the Taser-cameras Below is the timeline for Phase I: Timeline for Phase I ► RFP is currently advertised with a return date of January 19,2017. ► Committee members from PD,ComIT and OCA will review the submissions and notify vendors of'short- list'selections by February 15'" ► Test&evaluate equipment in a controlled setting for a minimum of 30 days ► Committee will make final selection based on vendor packet submission and T&E results by May 1St ► Select and train officers to wear cameras ► Go live with BWCs June 1St January 3, 2017 20 CITY MANAGER'S BRIEFINGS POLICE BODY CAMERA POLICY ITEM#66656 (Continued) Below are the proposed implementation plans for Phase II—IV: Phase II-IV Implementation Plan ► Phase II: January 2018— 110 cameras ► Phase III: January 2019— 110 cameras ► Phase IV: January 2020— 120 cameras full implementation This allows for adequate review of data analysis,FTE workload,FOIA implications and adjust as needed. BJA Grant ► We applied for a grant in June 2015 ► Up to $600,000 funding to implement BWC program—city must match funding ► Agency must demonstrate a need financially and police/community relationship building ► VBPD grant application was declined. ► We will apply again in 2017. January 3, 2017 21 CITY MANAGER'S BRIEFINGS POLICE BODY CAMERA POLICY ITEM#66656 (Continued) Questions? • Mayor Sessoms expressed his appreciation to Chief Cervera and everyone working diligently on this project for the hard work on this project. January 3, 2017 22 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW— After Action Report ITEM#66657 3:38 P.M. Mayor Sessoms welcomed Erin Sutton, Deputy — Emergency Management Coordinator. Ms. Sutton expressed her appreciation to the City Council for their continued support: HURRICANE MATTHEW AFTER ACTION SUMMARY r • 1 FEMA provided the numbers below as of December 30, 2016: HURRICANE MATTHEW...BYTHE NUMBERS • Disaster Survivor Assistance Teams—5407 visits Dory&minor Enpopements an 411470 • Disaster Recovery Center Visits—2213 s • Registrations—2806 zeo s • Amount of Individual and Household Program aw- ua M'*' ,el Dispersed-$5,943,655 +e +2$ 9e iw t1e ln,q t. el wet • Small Business Administration Applications *iv • , • u s e>°' u Approved—252 110r t2 Now OKx Os 12 Or,at ust Eaao om 120140 • Small Business Administration Amount- $9,507,300 January 3, 2017 23 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW— After Action Report ITEM#66657 (Continued) Below are the Key Themes from Hurricane Matthew: KEYTHEMES FROM HURRICANE MATTHEW • City-wide Storm Preparation +' .�J • Emergency Operations Center FJ• ' • Data Collection - - __ • Internal and External Communication -1 • Emergency Plans and Policies • Short Term and Long Term Recovery ,R s � • The recommendation is to continue the proactive measures for storm preparation and to utilize the Emergency Operations Center "EOC"for events that have such uncertainty: CITY-WIDE STORM PREPARATIONS • Proactive measures • State and Federal partner engagement f� • Local operational departments engagement • Change in storm track • RECOMMENDATION:Continueourproactive measures for storm preparation and to utilize the EOC for events that have such uncertainty. \'� January 3, 2017 24 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW— After Action Report ITEM#66657 (Continued) The recommendation is to continue to work toward improvements in technology in the EOC, in training and in the overall layout and function: EMERGENCY OPERATIONS CENTER • Activation of the EOC • Staffing • Work Flow and Communications Flow • Technology • • RECOMMENDATIONS:Continue to work towards gala 111 improvements in technology in the EOC,in training and in the •= 0 overall layout and function.Additionally,work towards improvement in staffing plan for the EOC and each department that has a role in the room. The recommendation is to develop a Data Gathering Platform to coordinate the information that comes into the City from multiple points during an event and leverage the data already in place: OVERALL DATA MANAGEMENT • Over 250,000 data points were collected ®esrr • Property Damage Reporting form • GIS mapping assisted in"painting the picture" rii1" Dom • FEMA data,VDEM data,and CVB data... • RECOMMENDATION:A data gathering platform needs to be developed to coordinate the information that comes into the city from multiple points during an event and leverage the data that we already have. WebEOC 7.8 Login January 3, 2017 25 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW— After Action Report ITEM#66657 (Continued) The recommendation is to continue to improve the Communications Plan and seek out additional ways to communicate the message. FEMA praised the City for the reverse 911 by using VBAlert: INTERNAL AND EXTERNAL COMMUNICATIONS • Communications is a challenge in any event and we always strive to - continuously improve our messaging,talking points and methods. • • Facebook,Twitter,Nextdoor • Joint Information Center • e • Community Meetings • VBAlert • Road Closure yy • RECOMMENDATIONS:Continue to improve on our ' communications plan and continue to seek out additional ways to communicate the message. Develop plans for the utilization of VBAlert for our members and how it should be used for the community after • an event. The recommendation is to continue to work on educating the departments on the Emergency Operations Plan and gather involvement: COORDINATION OF EMERGENCY PLANS AND POLICIES • • Emergency Operations Plan t • Alpha II Policy • Essential Operations Policy *MMIro .r • Recovery Plan - - • RECOMMENDATIONS:Continue to work on educating the departments on the Emergency i Operations Plan and gather involvement -"•• January 3, 2017 26 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW— After Action Report ITEM#66657 (Continued) RECOVERY • Community Recovery Centers • Preliminary Damage Assessments - • Disaster Recovery Center location and coordination • Supporting theVoluntaryAgencies in ShortTerm and LongTerm Recovery • Individual and Public Assistance • Recovery Plan AFTER ACTION REPORT • The final report is in draft form and will be completed once the Improvement Plan is reviewed by Department Directors. -- • Format includes: • Executive Summary �• ,'. • Weather information and timeline of storm • Key themes identified that were strengths and areas for i. improvements y` • Suggested recommendations • Q',�I. • Assignment of responsible agency/department • • Due date identified for corrective actions Mayor Sessoms expressed his appreciation to Ms. Sutton and everyone involved in this team effort for a job well done. January 3, 2017 27 CITY MANAGER'S BRIEFINGS HURDS COVE NAVIGATION UPDATE ITEM#66658 4:09 P.M. Mayor Sessoms welcomed Dan Adams-Public Works. Mr. Adams expressed his appreciation to the City Council for their continued support: CITY COUNCIL BRIEFING OPEN SESSION HURDS COVE NEIGHBORHOD DREDGING SPECIAL SERVICE DISTRICT OYSTER LEASES January 3,2017 Below is an overview of the project: HURDS COVE ND Silk PR_ RVIEW -e,„„,„,, .. ..,,., „,,,,.....0,,.. , _—s i ,„. ,_, .__, it ___ .,o`.,Q.. '��r. v \ 1 _i___„.„-0,, --- , . nti. '��n°.•..7 _it _,,,,x, �I ��+. P�°s i C13f%,�+�6► 4.Z NpWw . n�� .a� �O ® +. (- ,1 r/4" f/., )114 erg -yam z a'8 4 •Z Lr fi BEACH Hlw_i` BVI 11�.r�0 dcoc eyes i'ff®j:., 111 L 244.4.'m, „"" ,Ari,,eT.. .'4". ".."=°""" 0 January 3, 2017 28 CITY MANAGER'S BRIEFINGS HURDS COVE NAVIGATION UPDATE ITEM#66658 (Continued) HURDS COVE ND SSD - OJERVIEW • SSD Ordinance Adopted January 20, 2015 effective July 1 , 2015 • 74 parcels • Survey and preliminary design complete • Real estate and completion of individual access basin designs underway • JPA to be submitted in February 2017 SUES • Private property rights are affected in shallow channels • A right of entry is required from 5 parcels to dredge bottomlands above mean low water • 2 oyster leases cross mouth of Hurds Cove • Reaves/Zipperer- general oyster lease • Hightower- new riparian lease approved 12/22/16 January 3, 2017 29 CITY MANAGER'S BRIEFINGS HURDS COVE NAVIGATION UPDATE ITEM#66658 (Continued) The rendering below shows the entrance channel and oyster lease areas: EN EAS DYSRA DRDUNDS AT MNDS Oat DREDGING THROUG • VMRC process notifies oyster lease holder of dredging permit application, if leaseholder objects, consent to dredge must be obtained • Reaves/Zipperer Lease Area - Pref. Alignment • Hightower Riparian Lease Area —Alt. Alignment January 3, 2017 30 CITY MANAGER'S BRIEFINGS HURDS COVE NAVIGATION UPDATE ITEM#66658 (Continued) H . • Seek signed rights of entry to cross 5 parcels and delete coves if not successful • Complete access basin designs • Finalize dredge plan and submit JPA • If oyster leaseholder objects to permit application, seek consent to dredge HURDS COVE 111 Discussion and direction Mayor Sessoms expressed his appreciation to Mr. Adams for the update. January 3, 2017 31 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 4:17P.M. Mayor Sessoms welcomed Carolyn Smith — Planning Administrator. Ms. Smith expressed her appreciation to the City Council for their continued support: 1. Virginia Beach Planning Items January 3rd and 17th City Council Meetings 100 One (1) item is scheduled to be considered at tonight's meeting: SUMMARY — January 3rd One Planning item is proposed for City Council's consideration. 1. Shannon Dupre—Bayside District • Conditional Use Permit(Tattoo Parlor) lanuaN 3,7017 January 3, 2017 32 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 (Continued) Shannon Dupre / Dupre, Inc. Agenda Item Council District Bayside Location 1801 Pleasure House road 13 1001111117° ..• ,: V tieitt e t 4, I I *,..1' . < -' , ,04Nii.efell '''v1f sr AliaLkillitnia Conditional Use Permit(Tattoo Parlor) Planning Commission voted 11-0 to recommend Approval Shannon Dupre/Dupre,Inc. • Mircro-blading and permanent cosmetic tattoo services "/ / • 600 square-foot unit within an existing strip shopping center + «�« � / • One employee i V / I r, November 22.2016 January 3, 2017 I 33 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 (Continued) Nine (9) items are scheduled to be considered on January 17th: SUMMARY — January 17th Nine Planning items are proposed for City Council's consideration. 1. H.Frank Malbon&Randall Malbon DuBois,Trustees of the R.E.Malbon Land Trust—Beach District • Subdivision Variance(Section4 4(d)of the Subdivision Regulations) 2. Tallwood,LP-Centerville District • Conditional Rezoning(PD-H2(R5-D)to Conditional A-18 Apartment District) 3. Hogs Tooth Precision,LLC-Princess Anne District • Conditional Use Permit(Home Occupation-Firearms Sales) 4. Mon Cherie Day School of the Arts-Rose Hall District • Conditional Use Permit(Family Day-Care Home) 5. Verizon Wireless-Cardinal Road—Lynnhaven District • Conditional Use Permit(Communications Tower) November 22,2016 SUMMARY — January 17th Nine Planning items are proposed for City Council's consideration. 6. Sandra K.Sawyer—Sandy's Angels Daycare—Centerville District • Conditional Use Permit(Family Day-Care Home) 7. Birdneck Storage 2,LLC-Beach District • Conditional Rezoning(R-10 Residential District to I-1 light Industrial District) 8. City of Virginia Beach • An Ordinance to amend the 2016 Comprehensive Plan by adding the "Historic Seatack Suburban Focus Area"with area descriptions and recommendations 9. City of Virginia Beach • An Ordinance to amend the 2016 Comprehensive Plan by amending the Master Transportation and Primary Roadway Network Map and Policy Document in regard to Lavender Lane and Sentara Way November 22.2016 January 3, 2017 34 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 (Continued) H. Frank Malbon & Randall Malbon DuBios,Trustees of the R.E. Agenda Item Malbon Land Trust Council District Beach Location 419,419-A,421 Pinewood Drive / mcji 71.464,4,.11. ri 1f . i - R-55 1� Subdivision Variance(Section 4.4(d)of the Subdivision Regulat:ns) Planning Commission voted 11-0 to recommend Approval H. Frank Malbon&Randall Malbon DuBois,Trustees of the R.E. Malbon Land Trust i.Og1MD1 NO 1 - in111G4ntr6X6l1V -t 14-1 �.- i MOOSIo um i • i I, s 111 ` if . } _" __\1 •. F'' I •• �-.� i �•1aW06[D IS'eW6rE __ .. 1.:0,00141i.. •,� • Resubdlvlding from four lots to three lots • All lots meet the dimensional requirements of the R-55 Zoning District '�. • Establishing a one-foot no ingress/egress easement from the existing ally, therefore no direct access to a public street • Lot C accessed by 15'ingress/egress easement • Removal of existing non-conforming duplex November 22,2016 January 3, 2017 35 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 (Continued) Tallwood, LP Agenda Item (ouncil District Centerville iocation 5704 Schoolhouse Road 2 • ,, , R2 1• ..,, ...t, ,/ .A°" VCA / ,+I) NII*0 -1°, I ` R50 Conditional Change of Zoning(PD-H2(R5-D)to Conditional A-18 Apartment District) Planning Commission voted 11-0 to recommend Approval Tallwood,LP 111 M l I • Site is already developed with 120-unit apartment complex on 23.7 acres • Applicant desires to separate 7.88 acres of the site under a separate entity for financing purposes • No new units proposed and no changes to the approved proffered plan • Deviation to maximum lot coverage of 45%requested as this request results in a lot coverage of 47.73% due to the reduction in acreage November 22,2016 10 January 3, 2017 36 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 (Continued) Hogs Tooth Precision, LLC Agenda Item Council District Princess Anne Location 726 24th Street 3 Of V PI/: ,- / l' �� AG.? 410 ji 411111111 AO-2 •i< Conditional Use Permit(Home Occupation—Firearms Sales) Planning Commission voted 11-0 to recommend Approval Hogs Tooth Precision,LLC ` • Firearms sold from single-family dwelling on an individual basis .1�w�; \r , • Sales by referral and Internet sales R 1Ij' irr • No retail"browsing"of items iiiiifi 4 - — • Must conform to all Federal Firearms License(FFL) � - .�tlj requirements _ - - --� • Security assessment by Virginia Beach Police Department required : NovemEw 13,2016 January 3, 2017 37 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 (Continued) Mon Cherie Day School of the Arts Agenda Item Council District Rose Hall Location 3316 Lakecrest Road 4 , , --------„,w-----,, R 7 5 ', R 7 5 tk 1 Ili 1 . i.- / i. ,y� R45 -� -. r ke frei. . r• . i , , ,,„ _ , l Conditional Use Permit(Family Day-Care Home) Planning Commission voted 11-0 to recommend Approval Mon Cherie Day School of the Arts ilk Ilk • Requests to care for up to 12 children • Enclosed rear backyard • One employee nn:ember 22,2016 14 January 3, 2017 38 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 (Continued) Verizon Wireless— Cardinal Road Agenda Item Council District Lynnhaven Location 1052 Cardinal Road 5 ________ ..,.,,,, , r a ?R40 ' - ..- . .-----'- 07, , A----____, '.0 ti. ; k`,77pp �y` ..R.40 R.40 C/ Conditional Use Permit(Communications Tower) Planning Commission voted 11-0 to recommend Approval Verizon Wireless—Cardinal Road fl / ‘;- - 4#11"414#191 L v^_"2_, - Illki- 3--:=s• 11 • Request to construct a 114-foot tall monopole"slick stick"on 650 square feet of leased space from Cavalier Golf and Yacht Club • Ground level equipment screened from view by existing vegetation and maintenance building • Room on the proposed tower for additional equipment November 22,2016 6 January 3, 2017 39 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 (Continued) Sandra K. Sawyer— Sandy's Angels Daycare Agenda Item Council District Centerville Location 1956 Kempsville Road 6 , . . i R- / \ 50• .!� RSD .;� y . 'N; \/S / / B ; e: '*., Ni is te 33�,r� •,i Conditional Use Permit(Family Day-Care Home) Planning Commission voted 11-0 to recommend Approval Sandra K.Sawyer-Sandy's Angels w — 401011104r ti • Requests to care for up to 12 children • Enclosed rear backyard • One employee November 22,2016 January 3, 2017 40 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 (Continued) Birdneck Storage 2, LLC Agenda Item Council District Beach Location 1044, 1054, & 1052 Bells Road 7 i l r P ( r, ,� _ �. R-10 - l „, t I , .1 J r1,iket \ limpas - _. '. .!{ ,..4 ,,. ,I , ., \ is e yyyy��SSSpppp��, e ,••, 9111....:r- Conditional Change of Zoning(R-10 Residential to Conditional I-1 Light Industrial) Planning Commission voted 11-0 to recommend Approval Birdneck Storage 2,LLC 1=-z.-•'I r • Consolidating and redeveloping the site with seven,single- story,self-storage buildings with approximately 31,500 - square feet J___ ,__ I wI • Site is located in greater than 75 dB DNL noise zone and APZ _.,_ •- ZI==•-• November 22,2026 January 3, 2017 41 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 (Continued) Birdneck Storage 2,LLC ..;. T-'i • 2 '.iEll • Entire site to be enclosed by either the exterior wall of the buildings,or a seven-foot high,solid wood fence,and the depicted landscape screening • Proposed landscaping exceeds minimum standards of the required Category II November 22,2016 City of Virginia Beach Agenda Item 8 An Ordinance to amend the 2016 Comprehensive Plan by adding the "Historic Seatack Suburban Focus Area" with area descriptions and recommendations Planning Commission voted 11-0 to recommend Approval January 3, 2017 42 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 (Continued) City of Virginia Beach - z a C6..4.r..., .i+i fir-?.."'- _ —rte A►i 1 SFA An.. ,, 7 �/ .:/".}- 1 ` S A6 ow. �� rr p a t i li I - mie -- CIIu �L" J SWIM 606.A.6. �.. m.GM Gdn6d a . . ,e. 1Mem Ca..m.u66,6S 11d6n1 � ` ;.1.6,16/4.6.... /� 6..d Cda,.Ytl6.C* 6S ?Nara End 9=w•9..uc1,---CaMw + Nmamb.,11.2016 City of Virginia Beach Agenda Item 9 An Ordinance to amend the 2016 Comprehensive Plan by amending the Master Transportation Plan and Primary Roadway Network Plan Map and Policy Document in regard to Lavender Lane and Sentara Way Planning Commission voted 10-0 to recommend Approval January 3, 2017 43 CITY MANAGER'S BRIEFINGS PLANNING ITEMS PENDING ITEM#66659 (Continued) City of Virginia Beach • 179 r S^1 • Cs' r lip • ' t ,L ick,Ittr.r.4 ) beciE, OM /64 -- � •ay�. s it, irk O -., o it November 22,2016 25 Mayor Sessoms expressed his appreciation to Ms. Smith and the Planning Department for their hard work. January 3, 2017 44 CITY COUNCIL LIAISON REPORTS ITEM#66660 4:27 P.M. There were no Liaison Reports. January 3, 2017 45 CITY COUNCIL COMMENTS ITEM#66661 4:27 P.M. Councilman Moss inquired as to when the City Council will have a substantial amount of time set aside to discuss the City's flooding and transit issues? City Manager Hansen advised the City Council is scheduled to receive a Briefing on Stormwater on January 17" and there will be at least one-O)hour time set-aside on the January 24"'for the discussion. Councilman Moss advised he feels the one thing missing from all of the information provided thus far is on understanding of what is the requirement the City is trying to solve. Councilman Moss spent part of his Holiday coming up with an approach and provided copies to City Council. Councilman Moss feels it is vital to understand what is the risk the City wants to "buy down" and what is the financial risk the Citizens would assume in terms of property loss. Once the City Council identifies those two crucial elements, it will be easier to move fbrward. Council Lady Henley feels transit and drainage are two separate issues and she expressed concern the City has "melded" them together. Both issues are extremely important and should stand on their own. With drainage, Council Lady Henley wants to ensure the City is not just dealing with the "symptoms"but looking at the "root"of the problem and not make the same mistakes with future developments. Council Lady Henley advised the little hit of information discussed during the last City Council meeting was taken by some Citizens as those are the projects that need to be completed. She has received such comments from Citizens. Council Lady Henley feels it is imperative to have a lot of public input as to what the next steps should be,particularly from the Citizens that were not in support of Light Rail. Council Lady Wilson asked if the City could have a "Community Conversation" prior to the Retreat February 13-14, 2017. Mayor Sessoms asked City Manager Hansen to see if this could be scheduled prior to the upcoming Retreat. Councilman Moss requested to receive the "count data"from HRT regarding the bus routes, time of day and the real utilization of the transit system in order to determine how the City could possibly restructure and improve the Transit System. Council Lady Henley feels a lot of Citizens do not use the Transit System because it does not meet their needs. The City must enhance the Transit System and deal with future redevelopment along the corridor as most of the Strategic Growth Areas identified transit as a part of the Plan. January 3, 2017 46 AGENDA REVIEW SESSION ITEM#66662 4:37 P.M. BY CONSENSUS; the following shall compose the Legislative CONSENT AGENDA: L ORDINANCE/RESOLUTIONS 1. Resolution to GRANT an additional extension for compliance to United States Management, LLC(USM) re a loan commitment for the Arena development 2. Resolution to EXTEND the Cable Franchise Agreement with Verizon Virginia, Inc. 3. Ordinance to AUTHORIZE acquisition ofan Agricultural Land Preservation (ARP) easement from GIN-PHIL,LLC at 2500 West Landing Road DISTRICT 7—PRINCESS ANNE ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCILMAN UHRIN, COUNCIL LADY WILSON and COUNCILMAN WOOD FILED DISCLOSURE LETTERS FOR ITEM#1 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#3 January 3, 2017 47 AGENDA REVIEW SESSION ITEM#66662 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING I. SHANNON DUPRE/DUPRE INC., RI HUANG A. and RI CAN ZHENG and HUI LIN CHENfor a Conditional Use Permit re a Tattoo Parlor at 1801 Pleasure House Road DISTRICT 4—BAYSIDE January 3, 2017 48 ITEM#66663 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' PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Dome Site Project • Arena Project • Price Street Apartments PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District • Kempsville District • Lynnhaven District LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3711(A)(7). • Arena Project • Oyster Leases—Riparian Rights and Navigation 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 January 3, 2017 49 ITEM#66663 (Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:40 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Robert Al. Dyer, Barbara Al Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms,Jr.,John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: M. Benjamin Davenport stepped out of room Break 4:41 P.M. - 4:45 P.M. Closed Session 4:45 P.M. - 5:55 P.M. January 3, 2017 50 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 3,2017 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,January 3, 2017, at 6:00 P.M Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Lynn Hardaway,DD Pastor—Blackwater Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles; Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identi 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. January 3, 2017 51 Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a 'Personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones'letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. January 3, 2017 52 Item CERTIFICATION ITEM#66664 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert Al, Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 3, 2017 G NSB, F rias _ ►. ., a 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 966663 Page 49 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. - - . - ' uth Hodg-s Fraser, MMC City Clerk January 3, 2017 53 Item -VI-F MINUTES ITEM#66665 Upon motion by Council Lady Kane, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 13, 2016. Voting: 9-0 Council Members Voting Aye: Al Benjamin Davenport, Robert Al Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: None Council Members Abstaining.. Jessica P. Abbott James L. Wood January 3, 2017 54 ADOPT AGENDA FOR FORMAL SESSION ITEM#66666 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 3, 2017 55 Item- VI-H.l PUBLIC HEARING ITEM#66667 Mayor Sessoms DECLARED A PUBLIC HEARING.' AGRICULTURAL RESERVE AGREEMENT(ARP) West Landing Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING January 3, 2017 56 Item- VI-I ORDINANCE/RESOLUTIONS ITEM#66668 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items land 3(MOSS VERBAL NAY) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 3, 2017 57 Item-VI-Ll ORDINANCE /RESOLUTIONS ITEM#66669 The following individuals registered to speak: Joe Belec, 605 Barberton Drive, Phone: 348-5543, spoke in OPPOSITION. Mr. Belec stated recent history shows these deals are not as good as they initially seem. For example, The PGA Golf Course, the Sportsplex, the Neptune Baseball program, etc., has all ended up being bad deals and they continue to linger on and on costing more money. The Arena deal seemed too good to be true from the beginning. The parking continues to be an issue and a hotel will be next. Bryan K. Stephens, spoke in SUPPORT. Mr. Stephens is the President and CEO of Hampton Roads Chamber of Commerce and he feels it is his job to lead the Region. The Chamber recognizes the importance of creating an environment where Millennials want to live. More often than not, deals of this magnitude customarily take a substantial amount of time. A sixty (60) day extension is a low, or even a no risk to the City. Andrea Kilmer is trustworthy and someone with whom the City should want to do business. Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, spoke in OPPOSITION Mr. Greenmun feels this Arena will create an unnecessary amount of traffic with no form of transit to alleviate. The City has much higher priorities with the recent flooding and the City should focus on the projects that are important to the City as a whole. Ross Vierra, spoke in SUPPORT Mr. Vierra owns Access Global Enterprises and ASI, Securities based here in the City, employing approximately 34 people most of which are Millennials. Millennials are looking to live in cities where there are exciting projects and events taking place. The Arena will be a huge draw to the City. The Arena enhances the very successful tourism industry. Martin Joseph spoke in SUPPORT. Mr. Joseph is a small business owner and encouraged the City Council to grant the requested extension. The projected economic development will add a substantial amount of tax revenue to the City. Bob Golden did not respond. Joshua Clark spoke in SUPPORT Mr. Clark, representing the Tidewater Builders Association, supports the Arena project. For three years this local company has invested their time and money into this project and all they are asking for is a sixty day extension. This is a major deal and this type of deal takes .significant time to work out financing. Russell Lyons spoke in SUPPORT. Mr. Lyons, President of the VB Hotel Association,feels this is an exciting project and the hotel industry has added an additional$1.00 per night tax to support this project. Mr. Lyons requested the City grant the extension and give USM the opportunity to bring this project "to life George Minns spoke in OPPOSITION. Mr. Minns, President of the Seatack Community Civic League, feels the City's first duty is to be fair to all businesses in the City and not just a special few. So far this has not happened. If the Arena was being built in one of the vast open areas in the City, the Seatack community would support the project. The adverse impact of public safety has not been addressed. Until this happens, this project should not move forward. Pat Cardwell, spoke in OPPOSITION. Mr. Cardwell stated the real reason for the extension has nothing to do with the financing but USM wants to re-negotiate the entire deaL Also, the legal opinion received from USM is not a legal opinion hut is a legal brief USM is a special purpose entity and, as such, limits ESG's responsibility to stand behind the deal. January 3, 2017 58 Item-VI-LI ORDINANCE /RESOLUTIONS ITEM#66669 (Continued) Valerie Wilkinson spoke in SUPPORT. Ms. Wilkinson, CFO of USM, recently read an article in Inside Business regarding large deals taking seven (7) years to complete. Securing financing is the most challenging part of any big project. USM is making great progress strides in securing the financing with a major US Lender without the issuance ofbonds. Frank Papcin spoke in OPPOSITION Mr. Papcin feels the traffic continues to be a concern, as well as the$76-Million of infrastructure improvements. Andrea Kilmer spoke in SUPPORT Mrs. Kilmer, President and CEO of USM, expressed her appreciation to the City Council for their efforts in bringing this project to life. USM expects a loan commitment forthcoming that is generally consistent with the 2015 Development Agreement, and, in fact, are upgraded commitment since it will not include a foreign lender. The Arena will have a positive financial impact on the City. The Arena is expected to bring many events to the City that will otherwise be overlooked andJill hotel rooms during the Winter months. Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, the ALTERNATE VERSION, Resolution to GRANT an additional extension for compliance to United States Management, LLC(USM) re a loan commitment for the Arena development Voting: 8-3 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jessica P.Abbott Barbara M Henley John D. Moss Council Members Absent: None January 3, 2017 ALTERNATIVE VERSION 1 RESOLUTION GRANTING AN ADDITIONAL 2 EXTENSION TO OBTAIN A LOAN COMMITMENT 3 FOR THE ARENA 4 5 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager 6 and City staff have engaged in extensive negotiations with representatives of United 7 States Management, LLC, and its affiliates (collectively "USM"), regarding the 8 development of an arena on City-owned property adjacent to the Virginia Beach 9 Convention Center (the "Arena"); 10 11 WHEREAS, City staff and representatives of USM developed a non-binding term 12 sheet for the construction and operation of the Arena (the "Arena Term Sheet"). 13 14 WHEREAS, on December 9, 2014, by Resolution RES-03707, the City Council of 15 the City of Virginia Beach (the "City Council") approved the Arena Term Sheet dated 16 November 25, 2014 and authorized the development of definitive project documents 17 (the "Project Documents"); 18 19 WHEREAS, the Arena Term Sheet reflected the understanding of the City 20 Council and USM as to the terms and conditions for the development of the Arena and 21 served as a basis for the definitive, binding documents between the parties; 22 23 WHEREAS, on December 8, 2015, by Resolution RES-03760 (the "Approval 24 Resolution"), City Council adopted a Resolution approving (I) the execution of the 25 Project Documents, and (ii) conditionally authorizing the transfer of approximately 5.8 26 acres of land (the "Project Land") to the City of Virginia Beach Development Authority 27 (the "Authority") on the terms set forth in the Project Documents. 28 29 WHEREAS, the parties executed a Development Agreement dated December 30 11, 2015, with a form of the remaining Project Documents attached thereto as exhibits 31 (the "Development Agreement"); 32 33 WHEREAS, the Project Documents contemplated that USM would obtain a loan 34 to finance its obligations for the development of the Arena from a foreign lender in the 35 principal amount of approximately $170M, and that USM would also contribute $40M in 36 equity to the completion of the Arena (the "Financing"). 37 38 WHEREAS, the Development Agreement contains a deadline for USM to deliver 39 to the City a loan commitment letter from an institutional investor to finance the Arena 40 ("Loan Commitment Deadline"); 41 42 WHEREAS, if the Loan Commitment Deadline is not met by USM, the City would 43 have the right to terminate the Development Agreement by giving written notice to USM; 44 45 WHEREAS, the original Loan Commitment Deadline as set forth in the 46 Development Agreement was September 9, 2016, subject to two 30-day extensions 47 WHEREAS, on July 12, 2016 City Council adopted RES-03799 which endorsed 48 a proposed change to the financing structure proposed by USM and also extended the 49 Loan Commitment Deadline to November 8, 2016 (the "Endorsement Resolution"); 50 51 WHEREAS, USM has continued to work to satisfy the Loan Commitment 52 requirement, but was unable to meet the November 8, 2016 Loan Commitment 53 Deadline; 54 55 WHEREAS, on November 4, 2016, by RES-03824, City Council extended the 56 deadline to January 7, 2017; 57 58 WHEREAS, USM has requested an additional 60-day extension to meet the 59 Loan Commitment Deadline; 60 61 WHEREAS, USM is not seeking an extension of any other deadline in the 62 Development Agreement, accordingly, (i) the deadline for closing on the Financing (the 63 "Loan Closing") will be not later than September 7, 2017 (eight months after the current 64 Loan Commitment Deadline), and (ii)the deadline for commencing construction remains 65 ten months after Loan Closing, and (iii) the deadline for completing the Arena remains 66 October 1, 2019; with all such deadlines subject to extension as provided for in the 67 Development Agreement; and 68 69 WHEREAS, City Council is of the opinion that allowing USM additional time to 70 provide the Loan Commitment contemplated in the Development Agreement is in the 71 public interest. 72 73 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 74 OF VIRGINIA BEACH, VIRGINIA: 75 76 1. The Loan Commitment Deadline is hereby extended to March 8, 2017. 77 78 2. The City Manager is hereby authorized to execute such documents as are 79 necessary to document this extension, and such other terms, conditions or 80 modifications as may be acceptable to the City Manager and in a form deemed 81 satisfactory by the City Attorney. 82 83 3. The City Manager is further directed to immediately send a written notice 84 of termination as contemplated in Section 4.3.1 of the Development Agreement if the 85 Construction Loan Commitment has not been provided by the deadline set forth in 86 Section 1, supra. 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day 89 of January , 2017. APPROVED AS TO GAL S FFICIENCY: City Attorney CA13859 R-2 (ALT) January 3, 2017 ON ly4� 4 I.> City of Vii inia Beach Sao JOHN E.UHRIN PHONE n9)200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHRINNVBCOV COM Refer to File No. 0059635 January 3, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code §2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution granting an additional extension to obtain a loan commitment for the arena. 2. The arena project could increase demand for hotel rooms in the Resort Area, and the project agreement also contemplates a temporary increase in the hotel tax. 3. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the Resort Area. 4. I am a member of a business, profession or occupation, namely Resort Area hoteliers. To the extent the approval of this transaction may affect the business of hotels in the Resort Area, all members of this profession may be affected by the transaction. S. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Burlage Management Corporation is speculative and 215 ATLANTIC AVENUE. VIRGINIA BEACH,VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- January 3, 2017 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(11) therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, J 17 J G. Uhrinin Councilmember .BU/RRI 4,1 fti -c'77 (t 7.7 (_ City inia. Such ki§74L _.• • V �� 4, °1 (,, �r a s Rw ROSEMARY WILSON PHONE (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)395.5669 Refer to File No.0059634 January 3, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia. I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution granting an additional extension to obtain a loan commitment for the arena. 2. The arena project could affect nearby property and could impact the marketability and value of such properties, which could potentially impact real estate service providers, including Berkshire I lathaway IlomeServices Towne Realty ("Berkshire Hathaway"). 3. I am a real estate agent affiliated with Berkshire Hathaway, and I have a personal interest in the company because I receive commissions from the company. The only income I receive from Berkshire Hathaway is my own commissions from my own sales. 4. I personally have no current real estate listings in the immediate vicinity of the proposed arena project. Likewise I am not aware of, and am not currently pursuing, any potential future listing in the immediate vicinity of the proposed arena project. 921 ATLANTIC AVENUE.UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Smith -2- January 3, 2017 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(11) 5. I am a member of a business, profession or occupation, namely real estate service providers, the members of which may currently or at some point in the future be involved in the marketing and sale of property in the vicinity of the arena. To the extent the approval of this transaction may affect property values in the immediate vicinity of the arena project and therefore affect sales commissions, all members of this profession may be affected by the transaction. 7. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Berkshire Hathaway is speculative and therefore the Act provides that I may participate in this transaction without restriction, 1 nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2- 3115(11). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, Rosemary A. e on Councilmember RAW/RRI GlcUA Bpq�, S City- of Virginia I ;each 4s a zr OUR N41101° COM JAMES L.WOOD PHONE. (757)340-8411 COUNCILMAN-DISTRICT 5-LVNNHAVEN FAX 1757)340-2082 *Dade o""osom Refer to File No. 0059636 January 3, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution granting an additional extension to obtain a loan commitment for the arena. 2. The arena project could affect nearby property and could impact the marketability and value of such properties, which could potentially impact the value of real estate in the vicinity of the arena. 3. I have an ownership interest in 603/605 22"d Street, L.L.C. and 609/607 22"a Street L.C. The principal office address for both companies is 208 Ash Avenue, Suite 101, Virginia Beach, VA 23452. 3. 603/605 22nd Street, L.L.C. owns property located at 603 and 605 22"d Street; 609/607 22"d Street L.C. owns property located at 607 and 609 22"d Street. All of this real property is located approximately three blocks from the proposed arena site. 208 ASH AVENUE,SUITE 101,VIRGINIA BEACH_VA 23452 Mrs. Ruth Hodges Smith -2- January 3, 2017 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) 5. I am a member of a group of more than three persons, namely persons with ownership interests in land in the vicinity of the arena project (either via direct ownership or via ownership of a company that owns the land). To the extent the approval of this transaction may affect the value of land in the vicinity of the arena project, all members of this group may be affected by the transaction. 6. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to 603/605 22" Street, L.L.C. or 609/607 22°" Street L.C. is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. incerely, L. Wood •ncilmember JLW/RR1 59 Item-VI-L2 ORDINANCE/RESOLUTIONS ITEM#66670 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to EXTEND the Cable Franchise Agreement with Verizon Virginia, Inc. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 3, 2017 1 A RESOLUTION EXTENDING THE CABLE FRANCHISE 2 AGREEMENT WITH VERIZON VIRGINIA, INC. UNTIL THE 3 EARLIER OF JUNE 20, 2017 OR THE DATE ON WHICH 4 THE FRANCHISE AGREEMENT IS RENEWED 5 6 WHEREAS, the City's current cable television franchise agreement with Verizon 7 Virginia, Inc. ("Verizon') expired on December 22, 2016 (the "Franchise"); 8 9 WHEREAS, the City has been conducting a public needs assessment 10 concerning the renewal of the Franchise and has been engaged with Verizon in 11 negotiations to that end; 12 13 WHEREAS, the said needs assessment and negotiations could not be concluded 14 prior to the expiration date of the Franchise; 15 16 WHEREAS, Verizon has requested a 180-day extension of the Franchise to the 17 earlier of June 20, 2017 or the date on which the Franchise is renewed, under the same 18 terms and conditions set forth in the Franchise; and 19 20 WHEREAS, the requested extension will not affect Verizon's customers, except 21 to allow them to continue to receive cable/fiber optic cable television (fiosTV) service 22 from Verizon; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized and directed to execute on behalf of 28 the City, any and all documents extending the current cable television franchise 29 agreement with Verizon Virginia, Inc. to the earlier of June 20, 2017 or the date on 30 which the Franchise is renewed, and including such other terms, conditions or 31 modifications, as may be acceptable to the City Manager and in a form deemed 32 satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of 35 January , 2017. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM/ I. _► . . ��!�j-l.• :! -- moma /I?A >7(/ Information Technology City Attorney Q CA13856 R-1 December 21, 2016 60 Item -VI-I.3 ORDINANCE/RESOLUTIONS ITEM#66672 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) easement from GIN-PHIL,LLC at 2500 West Landing Road DISTRICT 7—PRINCESS ANNE Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, 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 January 3, 2017 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM GIN-PHIL, L.L.C. (71.08+/- ACRES), 2) THE 4 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS 5 IN THE MAXIMUM PRINCIPAL AMOUNT OF $1,222,576, 6 AND 3) TRANSFER OF FUNDS TO PURCHASE U.S. 7 TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $1,222,576; 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS,the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.34% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 4.34% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on,the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $550,160 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this 3rd day of 73 January , 2017 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and Management Servi s CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS:(� � vn (� �/��, �Y�d�c C-ri, PIP Lu ', 9_ wkdiad Director of-Finance City Attorney's Office CA13853 %Spy tom DFSI‘Applications CityLawProckcycom32\Wpdocs\OO11N015\00049013 DOC R-1 December 14, 2016 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2016-147 SUMMARY OF TERMS SELLER: Gin-Phil, L.L.C., a Virginia limited liability company PROPERTY LOCATION: 2500 block of West Landing Road (GPINs: 2402-00-1661, 2402-00-5906 and 2402-10-3602) PURCHASE PRICE: $1,222,576 EASEMENT AREA: 71.08 acres, more or less DEVELOPMENT POTENTIAL: 8 single-family dwelling sites (0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 2.34% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.34%without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer)for one(1)year following execution and delivery of the IPA. Na W in y O Oa T n O F N P ---> 0 II :g m a w 'o ^ 3 144 x r p a D O ma w N :It n p dAN- 1 5 1 r `po-VAIL 1409 O 1g9 ,N\d9 9p65 po tOVZ Z g tp9£ -o of .00, \d9 .. t MI 13 •f (d I t •() .. > d� Y 61 Item—VI-J PLANNING ITEM#66673 1. SHANNON DUPRE CONDITIONAL USE PERMIT January 3, 2017 62 Item PLANNING ITEM#66674 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Items I of the PLANNING AGENDA Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John S Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 3, 2017 63 Item-VI-J.1 PLANNING ITEM#66675 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of SHANNON DUPRE/DUPRE INC., RI HUANG A. and RI CAN ZHENG and HUI LIN CHEN for a Conditional Use Permit re a Tattoo Parlor at 1801 Pleasure House Road DISTRICT 4-BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SHANNON DUPRE/DUPRE INC., RI HUANG A. and RI CAN ZHENG and HUI LIN CHEN for a Conditional Use Permit re a Tattoo Parlor at 1801 Pleasure House Road(GPIN 1479354056)DISTRICT 4-BAYSIDE The following condition 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 application of tattoos shall not be visible from the exterior of the establishment orfrom the waiting and sales area within the establishment. 3. Any on-site signage %r the tattoo establishment shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. Window signage shall not be permitted. The building signage shall not be a "box sign, " but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Third day ofJanuary, Two Thousand Seventeen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 3, 2017 1 I 1 re '1' ' ------------------Hi I at.11.V-V"-- ' l , I i l �} aL ` ,N <a te C !„ I Na ee f* lis gym= 1 l � t ,i. ` \ \1 r' ' 1 Ce 4 64 ITEM VI-K APPOINTMENTS ITEM#66676 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION PERSONNEL BOARD PLANNING COUNCIL RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION— VBDC January 3, 2017 65 Dem-V/-N ADJOURNMENT ITEM#66677 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:56 P.M. TO —Amanda Finley-BarnA, MMC Chic/Deputy City Clerk nth Hodges Fraser, MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia January 3, 2017 66 OPEN DIALOGUE Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533,feels he should not have to choose, as a Citizen, whether to attend the City Council or the School Board meeting. Mr. Greenmun has asked the School Board to consider changing their meeting date to not conflict with the City Council meeting. The School Board advised Mr. Greenmun their meeting has always been on Tuesday and the City Council used to meet on a different night and so they will not change. He requested the City Council get together with the School Board and see f sotnething can't be worked out so Citizens have an opportunity to attend both meetings. Also, he appreciates the way City Council allows Citizens to speak on Agenda items and, once a month, non-Agenda items. The School Board refuses to allow Citizens to speak on both Agenda and non-Agenda items. It has to be one or the other. Lastly, the School Board demands he divulge each and every comment he is going to make prior to agreeing to register him up to speak Ken Chord, 3536 Clubhouse Road, Phone: 340-6829, advised he was hoping to see more new faces at this City Council because he feels that is what he City truly needs; however, is happy to see Mrs. Abbott sitting at the dais. Mr. Chord appreciates Council Lady Henley's comments tonight on the Arena and hopes to see more of the same. Frank Papcin, 4008 Rumford Lane, Phone: 498-4878, asked how much revenue is "skimmed"off the top to pay for investments at the Oceanfront and Town Center? What benefits are Citizens receiving from these two "special interest" areas? Mr. Papcin suggested taking some of the revenue and building a garage at the Oceanfront, very much like the garages at Town Center. ADJOURNED AT 7:04 P.M. January 3, 2017