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Home My WebLink AboutAPRIL 16, 2019 FORMAL SESSION MINUTES G�N�`'BE4c� fS4' 4� £"d�L7 4011* (Va• rte! v�'9 �.�� ,1��l�J 3 p .4 VIRGINIA VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 16, 2019 Mayor Robert M Dyer called to order the CITY COUNCIL'S BRIEFINGS in in the City Council Conference Room, Tuesday,April 16, 2019, at 12:00 P.M. Council Members Present: Mayor Robert M Dyer, Barbara M Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Vacation John D. Moss Vacation 2 CITY MANAGER'S BRIEFINGS PUBIC SAFTY COMPENSATION ITEM#69110 12:04 P.M. Mayor Dyer welcomed Steve Cover,Deputy City Manager—Public Safety. Mr. Cover expressed his appreciation to City Council for their continued support: RECOMMENDATIONS TO ADDRESS SALARY COMPRESSION APRIL 16, 2019 The City Manager's work group was established to identify the "rules of engagement"for addressing salary compression: C IN \1A\AGER'S \1'ORK GROUP • Goal: Identify"rules of engagement"for addressing salary compression • Identify a plan that: • Is sustainable • Uses available resources wisely • Offers predictability,which is desired by public safety personnel • Provides clarity for the organization April 16, 2019 3 CITY MANAGER'S BRIEFINGS PUBIC SAFTY COMPENSATION ITEM#69110 (Continued) Here are the members of the City Manager's Work Group: CITY MANAGER'S WORK GROUP • Lead:Steven R.Cover, DCM • Members: • James Cervera,Police Chief • David Hutcheson,Fire Chief • Edward Brazle,EMS Chief • Stephen Williams,Director of ECCS • Regina Hilliard,Director of Human Resources • William Edwards,Manager of HR/Staffing&Compensation • Monica Kopin,Human Resources Coordinator • Jonathan Hobbs,Administrator Budget&Mgmt.Services 3 The methodology previously used focused on determining the highest salary within the lower rank, with the goal of moving the supervisor salary to$1 higher than the lower rank personnel. I IO11' \1'1=: GOT I IIS I:1 I_I 1.OR 1 S IC) _11)1)RESS In total, vertical and/or horizontal compression adjustments have been provided 14 times since 1997 Predominate vertical salary compression methodology: ensure supervisors have higher salary than lower rank personnel Horizontal methodology has varied Total cost:$25 million April 16, 2019 4 CITY MANAGER'S BRIEFINGS PUBIC SAFTY COMPENSATION ITEM#69110 (Continued) The current methodology only addresses vertical compression for the present time and could cause vertical compression to recur: VERTICAL COMPRESSION USING CURRENT METHODOLOGY Concerns: • This method addresses salary compression only for the present time:the next promotion could cause vertical salary compression to recur. • The supervisor receives the compression adjustment even if the lower rank personnel had a special skill(i.e.,medic)that the supervisor did not. • No recognition of the value of tenure in lower rank personnel in comparison to new supervisor • Costly to maintain 5 Here are the Recent Salary Compression Efforts: RECENT SALARY COMPRESSION EFFORTS • Recommended method to address vertical provided July 10,2018 not implemented. Instead: • July 19,2018:Vertical compression adjustments provided • Methodology:$1 above highest paid in lower rank • Cost:$1.6 million Employees Impacted Citywide:250 • Public Safety Employees Impacted:68 • Average increase provided:$5,226 • Highest compression adjustment:$19,573 • September 13,2018:Horizontal compression adjustments provided • Methodology:$100 per year in title • Cost:$1.97 million Employees Impacted Citywide:2,700 • Public Safety Employees Impacted:1,054 • Average increase provided:$568 • Highest compression adjustment:$1,000 6 April 16, 2019 5 CITY MANAGER'S BRIEFINGS PUBIC SAFTY COMPENSATION ITEM#69110 (Continued) RECENT SALARY COMPRESSION EFFORTS • Current status of salary compression in Public Safety: • Five newly promoted Police Sergeants compressed by Master Police Officers • Eight newly promoted Fire Captains compressed by Master Firefighter Medics • Vertical adjustments have resulted in new horizontal compression with recent promotions • Five new Battalion Officers and one new Fire District Officer are causing horizontal compression • Four new Police Lieutenants and four new Police Captains are causing horizontal compression The next two (2)slides show the Results of Vertical Compression Adjustments: RESULT OF VERTICAL COMPRESSION ADJUSTMENTS Placement in pay range quartiles Title 1't 2"d 35d 4l" Fire District Officer 2 4 Fre Battdion Officer 11 14 Fre Captdn 8 29 65 Master Frefighter 64 21 23 36 Frefighter 105 1 Police Captain 7 5 Police lieutenant 14 11 Police Sergeant 3 1 51 36 Master Police Officer 155 34 56 113 Police Officer 168 1 1 EMS Division Officer 1 2 I EMS Brigade Officer 2 1 3 EMS Captdn 6 4 Senior Paramedic 3 11 Paramedic 25 2 8 April 16, 2019 6 CITY MANAGER'S BRIEFINGS PUBIC SAFTY COMPENSATION ITEM#69110 (Continued) RESULT OF VERTICAL COMPRESSION ADJUSTMENTS Correlation of Salary to time in title Salary to Title Svc EMS FIRE POLICE SHERIFF Lieutenant/Brigade/Battalion -0.65 0.43 0.69 0.93 Sergeant/Captain 0.55 0.70 0.73 0.87 Sr Line Titlels) 0.71 0.88 0.94 0.82 Entry Line Title(non-recruit) 0.95 0.96 0.92 0.94 Higher correlation values indicate a stronger relationship between salary and time in title 9 Here is the City Manager's Work Group Proposal with three (3)primary components: CITY MANAGER'S WORK GROUP PROPOSAL • Focus on three primary components: • Placement on the pay range • Merit Increases • Professional Development Plans I0 April 16, 2019 7 CITY MANAGER'S BRIEFINGS PUBIC SAFTY COMPENSATION ITEM#69110 (Continued) Here is an overview of the placement of the pay range and merit increase components: CITY MANAGER'S WORK GROUP PROPOSAL • Ensure public safety supervisors reach the midpoint of their assigned pay range within three years following promotion to supervisory title • City Council-approved merit increases will help meet midpoint goal • Merit increases have been provided annually since 2016 (FY 17) • 3%merit increase is proposed for July 2019 (FY20) Here is an example of how using the proposed pay range at midpoint would work for a Fire Captain: CITY MANAGER'S WORK GROUP PROPOSAL Example using Fire Captain,pay range midpoint$74,963 • Promoted to Fire Captain December 2018 • Salary upon promotion:$65,540 • 3%Merit Increase July 2019:$67,790 • Difference from midpoint:$7,173 • 50%to midpoint:$3,587 • Salary as of July 2020:$71,377 • 2%Merit Increase and midpoint difference of$2,087 provided July 2020.New salary:$74,963 Total increase within 18 months of promotion to Fire Captain: $9,423 12 April 16, 2019 8 CITY MANAGER'S BRIEFINGS PUBIC SAFTY COMPENSATION ITEM#69110 (Continued) Here is an overview of the Professional Development Plans component: CITY MANAGER'S 11'ORK GROl PROPOSAL • Implement Professional Development Plans in Police, Fire and EMS • Allows two functioning levels prior to Master Officer • Provides a 5%increase in pay three years sooner • Implements meaningful criteria to enhance skills • Professional Development Plan implemented in Police • Police Officer I and Police Officer II levels created • 72 Police Officers successfully completed requirements for progression to POII February 2019 • 5%pay increases provided upon progression 13 Providing the proposed stipend will help provide compensation for the medic certification when the employee starts to reach the maximum of the pay range: CIF 1' \I:A\:AGER'', WORK (_GROL 1,14)11 os I_ Eliminate the "medic"classification (Firefighter Medic,Master Firefighter Medic) Provide Firefighters/Master Firefighters a 10%base pay increase upon obtaining EMT-1 or Paramedic credentials For credentialed Master Firefighters who approach the pay range maximum, provide a medic stipend of up to $3,900 14 April 16, 2019 9 CITY MANAGER'S BRIEFINGS PUBIC SAFTY COMPENSATION ITEM#69110 (Continued) CITY MANAGER'S WORK GROUP PR OPOSA IL • Apply same proposed midpoint methodology to employees in non-public safety supervisory titles Will require a future City code change for supervisor promotions to require 10%pay increase upon promotion Here are a few of the advantages of the City Manager's Work Group Proposal: CITY 1IA;A' S WORK GROUP PR()POS;A I • Advantages of proposal: • Focuses on the supervisor's position in the pay range rather than the salary of those who report to them • Provides clarity to public safety personnel,the City Manager,and City Council • Accepts that employees may have a higher salary than supervisors for a brief period of time(typically 5 years maximum depending on merits provided) • Provides an added level of predictability desired by public safety personnel • Pay adjustments use available resources responsibly • Sustainable in the long-term April 16, 2019 10 CITY MANAGER'S BRIEFINGS PUBIC SAFTY COMPENSATION ITEM#69110 (Continued) CITY MANAGER'S WORK GROUP PROPOSAL • Challenges/feedback on the proposal: • Success of the proposal is dependent on continued funding • It's a CHANGE from how we've been doing it QUESTIONS? Mayor Dyer expressed his appreciation to Mr. Cover for the presentation. Apri116, 2019 11 CITY MANAGER'S BRIEFINGS PAY PARITY FOR SHERIFF DEPUTIES ITEM#69111 12:55P.M. Mr. Cover continued to the next presentation regarding Pay Parity for Sheriff's Deputies: PAY PARITY:POLICE AND SHERIFF SWORN PERSONNEL R APRIL 16. 2019 Here is the background on Pay Parity: PAY PARITY • 2003 City Council resolution: • Sheriff Office starting salaries must be maintained to at least 90%of comparable Police positions • 2018 City Council resolution: • Sheriff's Office employees should have same hiring pay,pay ranges,and pay increases contingent on a study concluding such ranks are comparable • Should a pay disparity be identified,the disparity should be resolved over a period of four years April 16, 2019 12 CITY MANAGER'S BRIEFINGS PAY PARITY FOR SHERIFF DEPUTIES ITEM#69111 (Continued) The next two (2)slides provide an overview of the study performed: PAY PARITY • Study initiated with AJ Gallagher (AJG) and Company • Final report from consultant reflects comparable roles among four levels of positions • Police Sergeant/Corrections Sergeant • Police Lieutenant/Operations Lieutenant • Police Captain/Corrections Captain • Police Deputy Chief/Chief Deputy 3 PAY PARITY Study also reflects: • Differences in structure below Police Sergeant/Corrections Sergeant(i.e.,Corporals and Recruits) • Difference in structure above Police Deputy Chief/Chief Deputy (i.e., Undersheriff) • Differences in pay supplements/allowances • Salary structure in Sheriff's Office approximately 4.9% below comparable Police levels of Sergeant,Lieutenant and Captain. • Average base salary in Sheriff's Office,among the four titles deemed comparable,is13.1%below Police Department April 16, 2019 13 CITY MANAGER'S BRIEFINGS PAY PARITY FOR SHERIFF DEPUTIES ITEM#69111 (Continued) Pay Parity involves the Police Department and Sher?ff's Office developing the same rank structure. Here is an overview of the implementation costs: PAY PARITY Pay parity would consist of developing the same rank structure between the Police Department and Sheriff's Office,with equal pay range minimums and maximums Preliminary implementation costs to fully align pay ranges between Police and Sheriff's Office:$1.53m Cost to increase Sheriff's Office supervisors'pay based on City Manager's Work Group recommendations:$246,400 Total Projected Costs: One year fix:$1.78m Two year phase-in:$1.01m Three year phase-in:$756,400 Four year phase-in:$628,900 'City Council direction needed.Decision impacts FY20 budget.` 5 Here are the Next Steps: PAY PARITY • Next Steps: • Align rank structure between Police Department and Sheriff's Office • Review allowances/stipends for consistency • Review pay and promotion practices to ensure pay consistency is achieved and maintained 6 Mayor Dyer expressed his appreciation to Mr. Cover for the presentation. April 16, 2019 14 CITY MANAGER'S BRIEFINGS POTENTIAL SALE OF EXCESS CITY PROPERTY— PRINCESS ANNE ROAD ITEM#69112 1:14 P.M. Mayor Dyer welcomed Taylor Adams, Interim Director—Economic Development. Mr.Adams expressed his appreciation to City Council for their continued support: PROPOSED DECLARATION OF EXCESS PROPERTY FOR DEVELOPMENT OFATHREE STORY PROFESSIONAL OFFICE BUILDING AT PRINCESS ANNE AND WINTERBERRY y,. 4. S .. , At-!. `` , -.s City Council Directional Briefing Taylor Adams,Economic Development Interim Director April 16,2019 Here are the Disclosures: DISCLOSURES Managing Members: Anthony Disilvestro, Cynthia Disilvestro Accounting: BDO USA,LLC, KPMG Architect: Convington Hendrix Anderson Engineer: Pennoni Associates, Inc. Financing: TowneBank Legal: R.J. Nutter,Troutman Sanders,LLP Real Estate: Katsias Company Apri116, 2019 15 CITY MANAGER'S BRIEFINGS POTENTIAL SALE OF EXCESS CITY PROPERTY— PRINCESS ANNE ROAD ITEM#69112 (Continued) Here is the Project Overview and Timeline: PROJECT OVERVIEW AND TIMELINE • Sept.15,2016 Unsolicited proposal submitted • July 17,2017 Landstown Community Civic League issued letter in support of the Developer • July 18,2017 Contract for 1.3 acres for$892,000 Developer deposited 030k-t.r.re tyret.r.ner aril • July 18,2017 Excess property declaration deferred;Property assessed at$789,900 • Staff directed to bring planning and property items together as a package • Sept.6,2017 YNot Parking Study Completed • Oct.4,2017 YNot Planning Commission deferral requested by developer • Jan.18,2019 YNot Site Plan and Landscape Plan submitted • April 10,2019 Planning Commission approves zoning item • Proposed development to include: o Three-story,professional office bldg. o YNot Corporate Headquarters The next several slides provide maps of the location of the property: "9 YG e' Y "'av;11141111e-t" - m4qyr \) rf€ �ti .. r, `• •_ _,?. "' .gip. .. -4i'V‘' -y 4, . - 4; :-.4ittt, ''' -' 'f'';':. -Sa. .? s-f".1,C Iliiillte ' 4P1 i } r 16 CITY MANAGER'S BRIEFINGS POTENTIAL SALE OF EXCESS CITY PROPERTY— PRINCESS ANNE ROAD ITEM#69112 (Continued) f `\ 'f ,is.t o +e YNOT Restate Sitc Purchased front the City , S.Lot Acq. Price Assessment w s i S.Let Acq. Rin Assaarnent 1 4679182 7/16 $710,000 8621.000 16,683.48 7/16 8282339 $233,400 I`. (1 03 P<) (0.383 Act iC 1"*.' gi` ,.74k / t4 Kt:\' ,... ,,_ ,.. ,.. , -04' „.„....„..... ...... 4 z ' i '" 1 o s Offer to Purchase SF.Lot Pita Assessment R m ?v§ 56,41028 $6f1,000 $719.X10 NCFy p/- (1795 Ac) S'^tiFR r` + s� Fat..,y , o LOCATION MAP Legend -. EXCESS CITY PROPERTY GPIN 1494-09-6164 roa r e ,FFeet 0 SO 100 200 Pre...Pw row e.,»sercee ram:re n.,cerer-eorr,,„,rs,.,.so,Xe.e..+n s.,.M. tea[-"�.;a^t.,?:>• F9 ION.AilliCSIIIR7IN i __ 44 ft_ Ilo 4,- - .:.-; ;: r. :, }. - _ ..-=‘,"": . . . _ -...-&-ze.a-<,.-. • -vscc :I 3cs- n~o1•rrecvso FOR CONSTRUCTION C31001 April 16, 2019 17 CITY MANAGER'S BRIEFINGS POTENTIAL SALE OF EXCESS CITYPROPERTY- PRINCESS ANNE ROAD ITEM#69112 (Continued) • __- II 04 Nk I 0ae, 1 , 1 'f ; .. .,. ` et , �_ � — 414 Ali -.r I' C _ =rte ..„,,,Ra.ws .7=—-- ■ ,c NOT APPROVED TOR DON.T.O0Trow CS20a1 ....... ..r. ...- '''''-'..-5-411.1 \\\ - I „ ■ 1 1 • iay 1 -; Ia"i RnMOO o NKOMO ORM.MAP,.— DD.DDROCOMMEIVADOEI .. PLAN VIEW.D..-•....°® ' 'ou""Emomow s ATIMELERV �_1 I- SECTION A-A ... . E viEWSECTIONw w-Ewni3:T EXHIBIT-1 .Tp"14.... ,_ .war 1 w 1 ■ April 16, 2019 18 CITY MANAGER'S BRIEFINGS POTENTIAL SALE OF EXCESS CITY PROPERTY— PRINCESS ANNE ROAD ITEM#69112 (Continued) YNOT Italian is a locally established business with over 500 employees attempting to expand and establish its Corporate Headquarters in the City: ALIGNMENT WITH DEVELOPMENT PRINCIPLES • YNOT Italian is an established Virginia Beach Company(opened 1993) • Currently more than 500 employees • Seeking expansion out of Market • Attempting to remain in Virginia Beach with Corporate Headquarters • Establishment of Headquarters creates new jobs • Becomes a capital importer through expansion into new markets Here is the Recommendation and Next Steps: RECOMMENDATION AND NEXT STEPS • May 7 City Council Public Hearing on declaration of excess property • May 21 Consideration of planning item and a request for approval of the sale of excess property to YNOT Pizza for development of a 3 story, multi- tenant professional office building. Mayor Dyer expressed his appreciation to Mr. Adams for the presentation. April 16, 2019 19 CITY MANAGER'S BRIEFINGS POTENTIAL SALE OF EXCESS CITY PROPERTY AND COST PARTICIPATION—BONNEY ROAD ITEM#69113 1:45 P.M. Mr.Adams continued to the next presentation regarding the potential sale of excess City property and cost participation—Bonney Road: Potential declaration of excess property and use of "but for" real estate taxes for participation in development costs • r ,., — " „=-_4. , , .4 . LL-"_ `" __ *k_,,,,I L V'P { f ;71--,4-41-- - 'a'4r�`' � . f ..., r 'N. - N. _ISO' i 'in lir . aF 'i ;_# '1fr' rte. Here are the Preliminary Disclosures: Preliminary Disclosures Olympia Development Corp. • Principals Cecil V. Cutchins Cecil V. Cutch ins,Jr. • Accounting BDO • Architect Rule,Joy,Trammell& Rubio Siska-Aurand • Engineers American Engineering • Financing TowneBank • Legal Services Wolcott Rivers, P.C. April 16, 2019 20 CITY MANAGER'S BRIEFINGS POTENTIAL SALE OF EXCESS CITY PROPERTY AND COST PARTICIPATION—BONNEY ROAD ITEM#69113 (Continued) Here is the Site History: Site History • Pre 1999 -City purchased 11.77 acres(sold then re-purchased 12/03) • Oct 2017-RFP published • Proposals received from Olympia and Harmony Investments • Dec 2017-Olympia selected • Sept 2018- Pre-Submittal Meeting • Wetland study reveals approximately 7.5 developable acres • Dec 2018—Construction begins Thalia Creek Greenway Phase II • Jan 2019-Olympia and City Staff amend development plan • Mar 2019-Olympia submits preliminary costs for draft sales agreement The Developer's Offer for the land is$1.8-Million: Developer's Offer - Land Total Acres Developable Acres Assessment !Developer Offer Bonney Road Site 11.77 7.5 $1.7M $1.8M • Nominal value to be established for remaining 4 acres • $50,000 deposit will be made upon execution of agreement • $1.7M =$144K per acre • $1.8M =$240K per acre for developable land April 16, 2019 21 CITY MANAGER'S BRIEFINGS POTENTIAL SALE OF EXCESS CITY PROPERTY AND COST PARTICIPATION—BONNEY ROAD ITEM#69113 (Continued) Here is an overview of the Developer's Offer—Construction: Developer's Offer - Construction Development Description Construction Cost Total Component Professional Office 100K-140K square feet $250 per ft $25M-$35M Multi-Family 240 units $175K per unit $42M Parking 782 spaces $15K per space $11.7M The next two (2)slides are renderings of the Proposed Development Plan: Proposed Develo•ment Plan i cc.— `�i „�,r; / )4.t.:0,./:,:.:,,:,;ii 3 il 0- ,, °mac ,,, ,,_,,, r �1 r y j.v .: "f y ��c c �� „•,;11. lk - art April 16, 2019 22 CITY MANAGER'S BRIEFINGS POTENTIAL SALE OF EXCESS CITY PROPERTY AND COST PARTICIPATION—BONNEY ROAD ITEM#69113 (Continued) Illustration of Developable Area • GwRh .K�p \2` allot- m;00, I _ , 3.2'to A r 4 • WL SF = LV I 'Ge 03;1I.< 10A< F -DaA5 a1.EescM6.•t- EnSc� Here are the Developer Requested Cost Participation Approvals: Developer Requested Cost Participation Approvals Construction Component Maximum Amount City Council Parking $11.7M VBDA—EDIP Part B Roadway $142K Stormwater $410K Off-Site Utilities $52K Developer Investment Land $1.8M Improvements $75M EDIP Value$604K All investment is in project is performance based April 16, 2019 23 CITY MANAGER'S BRIEFINGS POTENTIAL SALE OF EXCESS CITY PROPERTY AND COST PARTICIPATION—BONNEY ROAD ITEM#69113 (Continued) Here is the Fiscal Impact: Fiscal Impact • Proposed deal is cash flow positive in year 3 • NPV is higher with City participation in stormwater than without • $3.7M NPV over 25 yrs w/additional construction • $2.2M NPV over 25 yrs w/o 60K sq ft building • Property is in Town Center TIF Revenue Source—Management Services and Assessor Debt Service—Finance Here are the Next Steps: Next Steps • May 7 City Council Public Hearing on declaration of excess property • May 21 VBDA Consideration of EDIP Part B • May 21 Request approval of declaration of excess property and consideration of participation in costs associated with construction of public parking. April 16, 2019 24 CITY MANAGER'S BRIEFINGS POTENTIAL SALE OF EXCESS CITY PROPERTY AND COST PARTICIPATION—BONNEY ROAD ITEM#69113 (Continued) Potential declaration of excess property and use of "but for" real estate taxes for participation in development costs Virginia Beach City Council Directional Briefing Taylor Adams,Interim Director Department of Economic Development April 16,2019 Mayor Dyer expressed his appreciation to Mr. Adams for the presentation. April 16, 2019 25 CITY MANAGER'S BRIEFINGS CLEAR CREEK HOLDINGS,LLC ITEM#69114 2:02 P.M. Mayor Dyer welcomed Robert J. Tajan,Director—Planning and Community Development. Mr. Tajan expressed his appreciation to City Council for their continued support: ,r Hw firt City Council Briefing Clear Creek Holdings, LLC April 16, 2019 Robert J. Tajan, Director Planning and Community Development Here is the Air Installation Compatible Use Zones (AICUZ)Background: AICUZ Background • Air Installation Compatible Use Zones • Established in response to the Noise Control Act of 1972 • Goal is to protect health,safety and welfare from noise and hazards through S,- 111E7 compatible development in the airport environment • /\ • Protects Navy installation investment by safeguarding the installation's operational i , ` f f 1 I capabilities --i 1 1 • Requirements are in Zoning Ordinance for discretionary actions and by right uses • Two sections:noise and Accident Potential Zones(APZ) April 16, 2019 26 CITY MANAGER'S BRIEFINGS CLEAR CREEK HOLDINGS,LLC ITEM#69114 (Continued) Here is an overview of the Noise Zones: Noise Zones Follows flight paths as surrounding • >75 dB DNL • Residential use not compatiblei( !) • Assembly and medical uses not >75 dB compatible 10 %•N • 70-75 dB DNL • Residential use not compatible U • Large assembly uses not compatible • 60-65 dB DNL • Varying residential uses are compatible itpe Here is an overview of the Accident Potential Zones (APZ): Accident Potential Zones (APZ) • Clear Zones • Area near end of runways • Only Agricultural and vacant land are compatible • APZ1 41 • * • Areas in close proximity to runways and Industrial and limited Commercial are compatible £ • APZ2 • • Least restrictive • Commercial uses are compatible • Single-family is only compatible residential use April 16, 2019 27 CITY MANAGER'S BRIEFINGS CLEAR CREEK HOLDINGS,LLC ITEM#69114 (Continued) Here is a compatibility chart used to determine when certain uses are permitted and when they are not: Applicability of AICUZ Ordinance TABLE 1.a6 INSTALLATIONS COMPATIBLE USE ZONES LINO USE COMPATIBILITY IN NOISE ZONES • Compatibility tables are used forIm+d Use Lane Use Comcatib Idy discretionary development approvals: Land Use Name )Q)5 DB 75 dB • Rezonings ONL °NL • Conditional use permits Reorient.and Belated • Alternative Compliance(Special S,nglc,emAydyrtP,nsy N N Exceptions) Semidetached dvx.ngs N N • By-right developments are permitted AG beddwe,ps/ownNouu N N (Excluding APZ-1) DuPkees N N Muft,Ie naNdweTng, N N The next three (3)slides provide the history of the Clear Creek Holdings, LLC application: Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road . .. As, • ti.rs ea F t SIR •'•+ NS./ i � ` r/moiski; 111 Conditional Rezoning (R-10 Residential District&I-1 Light Industrial District to Conditional I-1 Light Industrial District) April 16, 2019 28 CITY MANAGER'S BRIEFINGS CLEAR CREEK HOLDINGS,LLC ITEM#69114 (Continued) ice. i; sF. ct Rum` ,. -,,,, ,,i . , i .,.. ' 4 • Clear Creek Holdings,LLC Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Application History: • January 9, 2019 Planning Commission public hearing • (10-0,Approval recommended) • February 5,2019 deferred by City Council(public outreach) • February 19, 2019 deferred by City Council(public outreach) • March 19,2019 deferred by City Council(change in proffered conditions to limit uses to address community concerns) • April 2,2019 deferred by City Council(information on restrictive easement and permitted use under current and proposed zoning) April 16, 2019 29 CITY MANAGER'S BRIEFINGS CLEAR CREEK HOLDINGS, LLC ITEM#69114 (Continued) The next several slides provide the property background: Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Property background • One parcel that is split zoned R-10 and I-1. • In the Historic Seatack Suburban Focus Area • Located within the>75 db noise zone and APZ-2 • Navy acquired a restrictive easement limiting the permitted uses on the property in the early 1980's • No residence was located on the property at the time of the acquisition of the restrictive easement per City real estate records • Easement does not allow residential uses on the property APZ•1 APZ-Z "� t!-••�•• o.> N v r •.M.l•r•a 1111 _ 56 ms.in i Mnerv>roecfwn••[+dry � u..cavil 75 dB DNL��► ^>«„�. t Clear Creek Holdings,LLC �eJ aeo molwmw N Vicinity Map �m.•.r w.•.w..ro[ Clear Creek Holdings,LLC April 16, 2019 30 CITY MANAGER'S BRIEFINGS CLEAR CREEK HOLDINGS,LLC ITEM#69114 (Continued) uea; ice $.storic Seatack Neighborhood '14storic Seatack Clear Creek Holdings.LLC �Subuft)ao fgcus Area m o/ HistoricSeatack T •' Suburban Focus Area Clear Creek Holdings,LLC I-1 R-10 di a eait lk . ` -eO4k 1GVN4P! a 1i1 0 41111 O 0 O a i 0 — a., _ ! . Landscape Plan Clear Creek Holdings,LLC April 16, 2019 31 CITY MANAGER'S BRIEFINGS CLEAR CREEK HOLDINGS,LLC ITEM#69114 (Continued) Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Permitted uses in the R-10 area of the property(based on the staff assessment of restrictions in the Navy Easement): • Agricultural and horticultural uses(excluding keeping of poultry and livestock) • Public utility installation and substations including ancillary offices • Passive open space Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Uses allowable by Conditional Use Permit in the R-10 area of the property (based on the restrictions of the Navy Easement): • Borrow Pit* • Cemetery,columbarium,crematory,mausoleum • Communication Tower* • Satellite parking lot(over 30 spaces)in conjunction with another Conditional Use • Golf Course(not including"par 3"courses)* • Marina* • Private sewage treatment facility • Storage or maintenance installation for public utilities April 16, 2019 32 CITY MANAGER'S BRIEFINGS CLEAR CREEK HOLDINGS, LL C ITEM#69114 (Continued) Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Uses listed as not permitted per the Navy restrictive easement • Any residential use including Group Homes • Day care centers,child education center or day nurseries • Schools including college and vocational • Religious Institutions • Campgrounds,auditoriums,assembly halls,sports arenas,spectator sports,par 3 or miniature golf • Dormitories or sorority houses,student centers,lodgers for fraternal organization and private clubs • Airports, heliports,or helistops Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Uses listed as not permitted per the Navy restrictive easement • Drive-in theaters;indoor recreation or amusement facilities,movie theaters,theaters,and athletic clubs • Hospitals • Manufacturing,storage, handling or distribution of explosives or petroleum related products • Shopping centers and office buildings • Retail sales unless accessory to a permitted use • Keeping or raising of mink • Any structure taller than 172 feet above mean sea level April 16, 2019 33 CITY MANAGER'S BRIEFINGS CLEAR CREEK HOLDINGS,LLC ITEM#69114 (Continued) Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Uses not permitted as proffered by the applicant • Mini-warehouse(self storage facilities) • Automobile Service Stations(gas station) • Automotive Repair Garage Planning Department Staff and the Planning Commission both recommended approval of the application: Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Staff and Planning Commission both recommend approval of the Conditional Rezoning • Rezoning allows for uses permitted by the AICUZ Ordinance • Property is one parcel that has multiple zonings • Proffers assure the development meet the Comprehensive Plan recommendations for compatibility with the Suburban Focus Area • Restrictive easement limits the use of the property to light industrial type uses April 16, 2019 34 CITY MANAGER'S BRIEFINGS CLEAR CREEK HOLDINGS, LLC ITEM#69114 (Continued) The next four(4)slides provide an overview of the Historic Seatack Suburban Focus Area recommendations: Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Historic Seatack Suburban Focus Area recommendations: • All new development,redevelopment and additions to structures should adhere to the City Zoning Ordinance requirements established in Article 18, Special Regulations in Air Installations Compatible Use Zones(AICUZ) Overlay. • All new development,redevelopment and additions to structures,will,as required,adhere to the requirements of Code of Virginia Beach,Appendix I, Airport Noise Attenuation and Safety Ordinance. • New development should respect the historic settlement of this area and should be compatible with the neighborhood.Significant landscape screening buffers should be established between existing residential areas and new non-residential development to mitigate adverse visual and noise impacts. Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Historic Seatack Suburban Focus Area recommendations: • A careful mix of compatible land uses should be maintained where they currently exist and should be encouraged as new land uses are proposed so as to contribute to the day-to-day life of community residents. • Uses incompatible with existing residential should be discouraged to minimize impact to adjacent residential neighborhoods. • Building design should be visually interesting,encourage greater social interaction,and provide a memorable character. • Neighborhood identification signs should be installed at neighborhood entrances/gateways. • Recognition of historic and cultural landmarks and sites should be encouraged by nomination to the Virginia Beach Historical Register or and/or by the installation of interpretive historic site markers. April 16, 2019 35 CITY MANAGER'S BRIEFINGS CLEAR CREEK HOLDINGS, LLC ITEM#69114 (Continued) Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Historic Seatack Suburban Focus Area recommendations: • In partnership with and guidance from the Seatack Community,explore the potential benefits and regulatory impacts of delineation and adoption of a local Historic and Cultural District,if desired by the community and property owners. • All new development should be designed such that site drainage and stormwater management does not negatively impact adjacent parcels. • Maintain stormwater facilities and encourage the retrofit of existing drainage system problem areas. • New development,redevelopment,and site improvements should be encouraged to use porous materials for driveways,walkways and other similar surfaces,wherever feasible,to achieve a net reduction in impervious coverage. Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Historic Seatack Suburban Focus Area recommendations: • Enhance landscaping in the Birdneck Road medians where there are opportunities to do so. • The Virginia Aquarium and City's Marshview Park improvement projects should provide education and recreation opportunities for Seatack residents through neighborhood outreach programs. • New development and public facilities improvements should accommodate multiple modes of transportation(e.g. pedestrians,bicyclists,and drivers) and accessibility needs. April 16, 2019 36 CITY MANAGER'S BRIEFINGS CLEAR CREEK HOLDINGS,LLC ITEM#69114 (Continued) Here are the Planning and Community Development action items: Clear Creek Holdings, LLC Council District Beach Location Vacant Parcel along S.Birdneck Road Planning and Community Development action items: • Continue to engage Historic Seatack Community on ways to provide input on applications as well as preserve their community • Staff has sent previous letters to discuss potential options • Explore other ways to notify property owners potentially affected by a conditional use permit or rezoning. Mayor Dyer expressed his appreciation to Mr. Tajan for the presentation. April 16, 2019 37 CITY MANAGER'S BRIEFINGS SOMETHING IN THE WATER UPDATE ITEM#69115 2:31 P.M. Mayor Dyer welcomed Brian Solis, Assistant to the City Manager—Special Projects and Mark Johnson, Director—Public Works. Mr. Solis expressed his appreciation to City Council for their continued support and distributed a copy of the presentation which is attached hereto and made a part of this record. Mayor Dyer expressed his appreciation to Mr. Solis and Mr.Johnson for the presentation. April 16, 2019 Department of Public Works Support City Council Briefing-Festival Planing Update Discussion Brian Solis, Assistant to the City Manager Mark A. Johnson, P.E., Director of Public Works fir April 16, 2019 OF illi"Iallk4, Festival General Update OverviewPP ort C[ f it 5th Street imbertand nth Stage ` Street/ ti, r Pacific Ave .,., r .,..., Pop Up Adidas ra Sony a 19th - o Church a Street Array 31st Co zoth Street 24thStreet Park Street/ ID q _ Park Pacific Ave 10 SITW Festival Update Overview Festival • Festival program updates Map • Festival support planning adjustments • Public Works support and preparation • Discussion Adidas Activiation Festival • .Support 2 SITW :"......:Nill: ` C fes—. -x— a i'. C, i ' ' t + k 1 c t ., ' 4°, ,',TA'-r.-. ... ."';.1 '1!''.1 air , VI , L,. i . k,.-��5 iii 1.J y! 4. Festival Map 111 • 1112019FESTIVAL •: I trill-- MAP r■-MAP r. e-- Yui POSSUM IT wort= cal 6. BONY 5. Adidas Activation OVERVIEW Programmed Days an0, en mi Friday gam-7J0 Pm �:: R. SaLeday gam-730 en, Programming focused on the Millennial and Gen Z consumer Dance classes. panel discussions, mentorship and celebrity-participant basketball exhibition pick up games Festival support planning 41 , adjustments • Local Park and Ride located Veterans United Home Loans Amphitheater • Traffic Control Plan adjustments: • Directing motor vehicle traffic to park and ride • 5th - loth Street Main Stage bus staging on Atlantic Ave. • Festival and City outreach and responses to Oceanfront residents and businesses on access throughout Festival Department of Public Works Support City Council Briefing-Festival Planing Update Discussion • Brian Solis, Assistant to the City Manager Mark A. Johnson, P.E., Director of Public Works • ® � April 16, 2019 Festival *ET t,1� Update �7 General 44 , Overview Support 100 • • „ . 5th Street mbertand *17th Stage ‘ t • Street/ p • Pacific Ave. eis-tv Pop Up o'• Church wAdidas(� Array 0 3ist Sony;a 9th ' o zoth Street 24 Street Street Park Street/ o Park Pacific Ave Facilities Management 5th Street Stage >' Facilities xs; anagement g? Beach =Operations Beach Operations • Power and Water Connections • Onsite staffing for emergency repairs • ink • ' .�,.: avV ,, .p.r./^r r ?',4``.4`14. . . . 4,1 - • 10. • Remove benches and g6 ft of railing ..� � t , tam, -40-01 l :w ate, •220 ft Wide beach •Construct 800 ft sand berm • 160 trash cans • 40 recycle cans +def4-4 tri 0101111.1.4 1 Ji Department of Public Works Support City Council Briefing-Festival Planing Update Discussion Brian Solis, Assistant to the City Manager Mark A. Johnson, P.E., Director of Public Works • I April 16, 2019 @ ; Festival Update0 et General Overview Support 1111[ ,,rii-4,4t,,:,,,,,;41..z7;,::::.,.„:„;:z„44;,-; et _ '` ' 5th Street ›.---- imbertand Stage - Street/ t Pacific Ave e ) . 6 . iit Pop Up o 3 Church Adidas® Array rs 31st Sony sgth C, zoth Street 24th Street Par Street Park Pack Ave f ,,Led Pop Up Church as loth Street Es; .. 1110, • Grade 180 ft wide beach • Construct 500 ft berm • Provide water&electric services • Remove boardwalk guardrail • Provide 100 trash cans 15. Department of Public Works Support City Council. Briefing-Festival Planing Update Discussion Brian Solis, Assistant to the City Manager Mark A. Johnson, P.E , Directorof Public Works (itApril 16, 2019 11, F :. -_ = Festival i. �ETMi General Update gm4,111) Overview Support ta , .:., -t� f L 5th Stream �� Timberland 01.7... Stage k , Street/ pp • Pacific Ave Ilit G r w Pop Up Adidas® Sony'a,19th o Church(a� Array et 31st O 20th Street 24th Street Street Park Street/ Park Pacific Ave 0 . _ Adidas a 24th Street Park • Grade beach • Provide electrical& water service • Provide trash cans/trash disposal • Public restrooms to remain open and staffed 24/7 thru weekend 17. Department of Public Works Support City Council Briefing-Festival Planing Update Discussion Brian Solis, Assistant to the City Manager Mark A. Johnson, P.E., Director of Public Works • ® April 16, 2019 Festival Update Overview 4,,,,,.r4. . 7_,. „J, .1..... . ,.p, ),/) ,:ts...4..,,,,,...:........ „7.2„. .._,,,..:_t_ a I 5th Street Timberland 0,i7th Stage ` • Street/ Pacific Ave .t v Pop Up Adidas!a Sony @ igth Cao Church Ca Array:i 3ist e `- 20th Street 24th Street Street Park Street/ ' , o'° Park Pacific Ave tilli ;`L/R __ Array tea) 31st Street Park r1,.` Ez 4._ ' • Provide trash cans/disposal • Provide electric and water services • Public restrooms to remain open and staffed 24/7 thru the weekend Department of Public Works Support City Council Briefing-Festival Planing Update Discussion Brian Solis, Assistant to the City Manager Mark A. Johnson, P.E , Director of Public Works it. 0 ® . April 16, 2019 Festival TEN1 •upo Overview R a StliStreet ----- 'i Timberland et 0,17th Stage ` `;`t�"l Street/ 4 Pacific Ave 2 t V E-^ 4 , Pop Up - Adidas rA Sony;a 19th o Church to 24th Street Array a 31sark Street/ zoth Street - Street Park '- Park Pacific Ave `{j j t Sony Ca 19th Street/Pacifi Aver ,,. y r.z� i � ;,� . y r. - t 5rif , „... ,,,, r-i..., ilk , - r.a . .t .fik.e._ • Provide 50 trash cans 21. Department of Public Works Support City Council Briefing-Festival Planing Update Discussion • Brian Solis, Assistant to the City Manager Mark A. Johnson, PE , Director of Public Works ® April16, 2019 !rt!w • , • et , 1, _ , ., ,i 0 ) r , .. Timberland 5th Street 0.17th Stage • t • Street/ E • Pacific Ave Et Y r' Up - Adidas ri£ Sony a 19th t Church Ca Array a 31st Street/ Loth Street 24th Street Street Park `a,� Park Pacific Ave Al e r v Timberland ®a 17th Street/Paci Ave _______________: .0 . r•n +ri i• Provide 10 trascans 23. Department of Public Works Support City Council Briefing-Festival Planing Update Discussion Brian Solis, Assistant to the City Manager Mark A. Johnson, P.E , Director of Public Works • Apr I il16, 2019 Festival Update Overview 9 fat . . , ., 5th Street imberland 17th Stage ` ` Street/ 6. Pacific Ave et .4 v Pop Up Adidas® Sony A 19th o Church Ce Array(g,31st I? loth Street S� Street Park Street/ _ m� y Park Pacific Ave General Support t • Trash collection on beach,boardwalk, Atlantic Ave,&side streets • Street Sweeping boardwalk. connector parks,& main streets nightly • Traffic Management coordination with Police,VDOT. & BWG • Integrated with communication plan 2E. Department of Public Works Support City Council Briefing-Festival Planing Update Brian Solis, Assistant to the City Manager Discussion Mark A. Johnson, P.E., Director of Public Works ; . ® April 16, 2019 ® y Festival General Update ,,, r, Support Overview o . t _, -,--CC,',---,.,-:-,;-4::;,,,,-,,,,,,,,,--'x)----k-,- P imberland 5th Street *s7th Stage �._ :. _ . Street/ Pacific Ave ® I e e ` I Pop Up Adidas ra Sonyth o Church(a� Array�a 31st `a 1 9 o > 2oth Street - 24th Street Street Park Street/ f``... '9 Park Pacific Ave l '1 itll 26. 38 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— INFORMATION TECHNOLOGY ITEM#69116 3:16 P.M. Mayor Dyer welcomed Peter "Pedro" Wallace, Director. Mr. Wallace expressed his appreciation to City Council for their continued support: rte_"ten„ t Information Technology Budget Workshop April 16, 2019 Peter Wallace Here is the Information Technology Department Organization Summary: Council Budget Briefing Information Technology(IT) CMxenmentric • 193 FTEs • 9 Divisions • $34,455,531 Total Budget Missbn-minded 3 April 16, 2019 39 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— INFORMATION TECHNOLOGY ITEM#69116 (Continued) Here is the Information Technology FY 2019-20 Programmatic Budget: FY 2019-20 Programmatic Budget 57.047,360 :ot6 Budget by Fund Capital Reserves $245,500 $301,478 Genual Fund internal Service Funds 0.7% ( l 0.9% Operatins Budget by Expense Category 513,841,468 u _ 40.2% E=—=> Personnel •Operating Capital ■Reserves Here is an overview of the Operating Budget: Information Technology Operating Budget General Fund Mall Services $179,524 3 $185,049 3 $5,525 3.08% Business Center $1,072,632 13 $1,850,545 21 $777,913 7252% Applications Support $9,413,909 59 $8,502,047 55 ($911,862) -9.69% Data&Info.Mgmt. $1,236,270 9 $1,483,824 10 $247,554 20.02% Systems Support/I&0 58,348,155 47 $8,503,662 47 $155,507 1.86% Center for GLS $1,771,072 13 $1,920,069 13 $148,997 8.41% Information Security $603,961 4 $1,065,747 4 $461,786 76.46% Technology Services $3,313,573 29 $0 0 ($3.313,573) -100.00% Strategy&Architecture $721,006 6 $3,897,458 30 $3,176,452 440.56% Gen,Fund Subtotal $26,660,102 183 $27,408,401 183 $748,299 2.81% Internal Service Fund(Internal Customers) Telecom ISF $3,275,853 10 $3,110,654 10 ($165,199) -504% Telecom ISF Reserve $24,514 0 $24,514 0 $0 0.00% Subscriptions ISF $3,272,745 0 $3,634,998 0 $362,253 11.07% Subscription ISF Reserve $276,964 0 $276,964 0 $0 0.00% ISF Subtotal $6,8$0,076 10 $7,007,130 10 $197.054 2.68% 1NE=1111.1111:3 April 16, 2019 40 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— INFORMATION TECHNOLOGY ITEM#69116 (Continued) Here are Major Changes/Budget Highlights: Council Budget Briefing We use technology to transform and enhance City operations Convenience: Transparency: Connect with citizens0 Make data accessible on multiple channels for citizens,employees including mobile and other stakeholders. Efficiency: Security: tialiAutomate services, Protect the City's simplify processes and information, increase productivity infrastructure and for a better experience. systems from threats. s Here are a few of the Initiatives: Council Budget Briefing We align our initiatives with City Council goals Data and Technology Are Big Drivers of the Big Five Priorities: Stormwa[er,Recurrent Flooding and Sea Level Rise • StormSense Project g Public Safety - ► • Integrated Public Safety l y�r 1 .,� r.�.. • Data Analytics and Business Intelligence - ',lir' • Geographic Information Systems(GIS)—maps ,.\,.4 2. , .., - t :, Transportation • Waze Connected Citizens Program and Open C, _. fit Government Partnership • VB Events app-live parking information ;, it. . Economk Growth/lobs • Regional Connectivity Ring - -az' , --• _ T- ,.., • Transoceanic Cables _ - • Data Centers Education/Public Schools • Connect 18 higher education facilities via regional ring .- --._,.,. - . - • Official for a Day .. 6 April 16, 2019 41 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— INFORMATION TECHNOLOGY ITEM#69116 (Continued) Council Budget Briefing Project Spotlight The StormSense Project • As part of this award-winning flood mitigation project,Internet of Things(loT)sensors were installed in 18 strategic locations across the city. w • Citizens,first responders and City leadership can easily access data collected by the sensors via their desktop or mobile devices.The data is automatically updated every six minutes, hill .. The next two (2)slides provide an overview on Data and Information Management: Council Budget Briefing We engage citizens and employees through the power of data Data and Information Management " t. a J .4i-. • The Data Academy Initiative is a data analytics and ' business intelligence upskilling program which teaches - i City employees how to visualize data and create °49 interactive reports using Power BI. _ • Since launching the program last June,242 employees .. from 21 departments have participated and 92 1 attendees have been identified as data champions after ' . successfully completing the course. ,.. .....„,„ • The training supports data-informed decision making, increases transparency and strengthens the City's analytics capabilities.Departments are empowered to 13 build and manage their own dashboards for citizen and q -a- ' employee use. -W10,a - .j J;, i - • To promote inclusion,transparency and digital literacy, we are revamping the Open Data Portal.The new '+ platform will encourage stakeholders to come together as a community to create stories,share insights and exchange information. April 16, 2019 42 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— INFORMATION TECHNOLOGY ITEM#69116 (Continued) Council Budget Briefing We manage data as an asset Data and Information Management • Data is a core component of smart cities and digital transformation initiatives. • 24/7 access to timely,accurate data supports fact-based decision-making,problem-solving and innovation. • Data analytics helps the City draw relevant - - insights from vast amounts of data to engage citizens,maximize operational efficiency and The world is powered by make strategic investments. data,and so are we. Straight from the Headlines... For enterprises,maiware is the most expensive type of attack Cyber-attacks:not a question of if,but when Protecting our infrastructure demands a critical public- private partnership How Cyber Hackers Use Spear Phishing Scams To Steal Your Chinese hacking groups to ramp up cyber Information attacks on same industries,experts say New York capital hit by ransomware attack,taking services offline Cyber Attacks Cost Small Businesses 553,987 on Average. me m,mmn Mart aces maws vet Survey Claims April 16, 2019 43 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— INFORMATION TECHNOLOGY ITEM#69116 (Continued) Here are some statistics on cyber security: Council Budget Briefing We take security seriously Every 14 seconds... ice organization will fall victim _ victim to a ransomware attack. Global cybercrime has already exceeded -10`\ $1,000,000,000,000. No business can afford to .7 g 5 make information security an afterthought. r It must be factored into everything we do across the enterprise. a It's time to prepare, prevent and protect. Council Budget Briefing We safeguard City information and infrastructure Information Security Office • The Office of the City Auditor recommended additional tools and controls to enhance the security architecture of the City's network. • Implementing these recommendations will further secure IT systems and provide greater protections for our community. • Future activities include: • Cyber insurance to be purchased by Risk Management. • Expanded tracking of security events. • Continuous monitoring of any security vulnerabilities. 11 • 11 April 16, 2019 44 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— INFORMATION TECHNOLOGY ITEM#69116 (Continued) Below are Information Technology Department's awards for their work in technology and innovation: Council Budget Briefing When people come first,success will follow... Our dtizen-centric approach to technology and innovation has culminated in several awards: January 2018 January 2019 Smart Cities Contest-Smart 50 Awards Smart Cities -Smart 50 (Regional StormSense) Award(VS Connect App) March 2018 April 2019 Transforming Local Government- Special Achievement in GIS Award- Outstanding Achievement in Local Esri(StormSense) Government Innovation Award AprIDC 2018 CI I IDC Smart Cities North Amarlca Awards- ' Smart Water Category May 2018 CIO 100-Recognizing IT Excellence �s October 2018 I Smart Infrastructure Challenge Grand prize Winner-Hampton Roads November 2018 Digital Cities Survey-el for three years in a row(2016, 2017 and 2018) 13 Discussion Mayor Dyer expressed his appreciation to Mr. Wallace for the presentation. April 16, 2019 45 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— OFFICE OF THE COMMONWEALTH'S ATTORNEY ITEM#69117 3:29 P.M. Mayor Dyer welcomed Colin Stolle, Commonwealth Attorney. Mr. Stolle expressed his appreciation to City Council for their continued support: ,k, , Office of the Commonwealth's Attorney Budget Workshop April 16, 2019 Colin Stolle, Commonwealth's Attorney Here is the Office of the Commonwealth's Attorney Organization Summary: Office of the Commonwealth's Attorney Organization Summary • CWA Judicial —Number of FTEs=91.91 —Total Budget$9,183,377 • CWA Victim Witness —Number of FTEs= 11.92 —Total Budget$938,999 • CWA DEA Seized Property —Number of FTEs=0 —Total Budget$100,000 April 16, 2019 46 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— OFFICE OF THE COMMONWEALTH'S ATTORNEY ITEM#69117 (Continued) Here is the FY 2019-20 Office of the Commonwealth's Attorney Programmatic Budget: FY 2019-20 Programmatic Budget-Office of the Commonwealth's Attorney $938,999 $100,000 1.0% Judicial ■Victim Witness DEA Seized Property Here is an overview of the Operating Budget: Office of the Commonwealth's Attorney Operating Budget Program Unit FY 18-19 FY 18-19 FY 19-20 FY 19-20 Change FY 19 Amended FTE Proposed FTE Amended to FY 20 Proposed Judicial $8,978,655 85.91 $9,183,377 91.91 $ 204,722 2% Victim Witness 816,827 11.92 938,999 11.92 122,172 15% DEA Seized 100.000 NA 100.000 NA 0 0% Property — — – Total $9,895,482 97.83 $10,222,376 103.83 $326,894 3% April 16, 2019 47 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— OFFICE OF THE COMMONWEALTH'S ATTORNEY ITEM#69117 (Continued) Here are Major Changes/Budget Highlights: Office of the Commonwealth's Attorney Major Changes/Budget Highlights ➢The workload has increased significantly with the implementation of Phase 1 of Body Worn Cameras (BWC).We expect the workload to continue to increase as the number of cameras on the street increases. Phase 2 is expected to roll out this spring and Phase 3 and 4 during the next budget cycle. Here are a few of the Initiatives: Office of the Commonwealth's Attorney Initiatives Underway and Conclusion ➢We began providing discovery electronically this past fall. This initiative will not only save money on printing, paper and postage but should improve efficiency. ➢We are still in the design phase of a new case management system which should improve efficiency and enhance our ability to pull statistics. >Our drug court,which was developed in conjunction with numerous other state and city departments, is expected to graduate its first student this spring. Mayor Dyer expressed his appreciation to Mr. Stolle for the presentation. April 16, 2019 48 CITY MANAGER'S BRIEFINGS FY2019-20 RESOURCE MANAGEMENT PLAN(Budget) CLERK OF CIRCUIT COURT ITEM#69118 3:33 P.M. Mayor Dyer welcomed Tina Sinnen, Circuit Court Clerk. 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CL) c = t— N W L 0 O> 0 ,•••, __if. 4_, ,...., ,,p cri W C..) ,A OC7 "Fi Q.) 4-0 ce ,„ c, c., •v) bi) b� O cAWv) L O vi Q) t 1 CA •,__, N •r., •r...I .,-.1 H U ■ ■ ■ ■ ■ c s c! ,4 CZ u: -4 c� •*'4 3-0 J 49.14 c° X P4V Q C •• C Q 44 Cr U V U ,� y, E0-1 Ti o 4 C (1) V n' 4"(..• ,-.0—IU C 4., s-0 C 44 • V a - 4 V ' O�0 OJ ✓ 4.4 � 0 .t_ � v 4- C O O y ct Iii co CL u: 0 4� r 12 4_4 44 0 %., V t_ CZ OC ._ CL c: L rc1.4 O „c.� cG �� wc,, 4 _.:2,4.- C, 49 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget) — SHERIFF AND CORRECTIONS ITEM#69119 3:47 P.M. Mayor Dyer welcomed Ken Stolle, Sheriff. Sheriff Stolle expressed his appreciation to City Council for their continued support: A SHEWpp „tito541 NsA O*" Virginia Beach Sheriff's Office Budget Workshop April 16, 2019 Ken Stolle Sheriff/High Constable Here is the Sheriff's Office Organization Summary: '.4 Sheriff's Office Organization Summary '. ;` ❑536.82 FTE's ❑8 Divisions ❑ Admin ❑ Court Support ❑ Corrections ❑ Care Mart ❑ Centralized Booking ❑ Work Force ❑ Inmate Support ❑ Law Enforcement Training Academy(LETA) ❑Total Budget-$49,345,817 April 16, 2019 50 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— SHERIFF AND CORRECTIONS ITEM#69119 (Continued) Here is the FY 19-20 Programmatic Budget: 4. , ; FY19-20 Programmatic Budget ,; 63% 11% 6% 7% 1% •Admin ■Courts •Corrections Care Mart ■Booking u Workforce Inmate Support■LETA Here is an overview of the Operating Expenditures: ',0 Sheriff's Office Operating Expenditures ', ,` FY 18-19 FY 18- FY 19-20 FY 19- Change FY 19 Program Unit I Amended I 19 FTE ProposedI 20 FTE Amended to FY 20 Proposed Admin $3,320,461 35.67 $3,111,701 35.47 $(208,760) (6 3%) Court Support 5,108,663 79.85 5,202,450 79.65 93,787 1.8% Corrections 30,937,731 295.7 31,137,159 298.9 199,428 0.6% Care Mart 521,396 9.6 405,788 7.8 (115,608) (22 2%) Booking 3,301,888 45.0 3,404,471 45.0 102,583 3.1% Work Force 1,198,025 13.0 1,114,040 12.0 (83,985) (7 0%) Inmate Support 2,651,550 41.0 2,926,776 43.0 275,226 10.4% LETA 1,605,458 17.0 2,043,432 15.0 437,974 27.3% Reserves 0 NA 0 NA 0 0% Total $48,645,172 536.82 $49,345,817 536.82 $700,645 1.4% April 16, 2019 51 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— SHERIFF AND CORRECTIONS ITEM#69119 (Continued) Here are the Initiatives Underway& Conclusion: ; Initiatives Underway&Conclusion ;;O` ❑ Pay Equality/Compression Study ❑State Mental Health ❑Requested but not funded ❑ HR Admin Tech ❑ Medical LPN ❑ 2 FT Clerks(Property Mail&LETA) ❑ 2 PT Clerks(Records&Accreditation) ❑ FTO Stipend ❑ Medical Isolation Doors ❑ Inmate Kitchen Equipment Replacement Mayor Dyer expressed his appreciation to Sheriff Stolle for the presentation. April 16, 2019 52 CITY MANAGER'S BRIEFINGS FY2019-20 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES ITEM#69120 4:00 P.M. Mayor Dyer welcomed Stephen Williams, Director—Emergency Communications and Citizen Services (ECCS). Mr. Williams expressed his appreciation to City Council for their continued support: f 't iN Emergency Communications and Citizen Services Budget Workshop April 16, 2019 Stephen Williams, ENP Director Here is the ECCS Organization Summary: Emergency Communications & Citizen Services - Organization Summary • Emergency Communications & Citizen Services — 137.75 FTEs —3 Divisions • Administration • 911 • 311 —Total Budget$10,985,909 April 16, 2019 53 CITY MANAGER'S BRIEFINGS FY2019-20 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES ITEM#69120 (Continued) Here is the FY 2019-20 Programmatic Budget: FY 2019-20 Programmatic Budget $3,000 $935,736 / 0.0% Administration •911 311 •ECCS Grant Here is an overview of the Operating Budget: ECCS Operating Budget Program Unit FY 18-19 FY 18- FY 19-20 FY 19-20 Change FY 19 Amended i 19 FTE I Proposed FTE Amended to FY 20 Proposed Administration $ 1,612,657 13.75 $ 1,625,439 13.75 $ 12,782 0.8% 911 8,665,409 106.0 8,421,734 106.0 (243,675) (2 8%) 311 915,135 18.0 935,736 18.0 20,601 2.2% ECCS Grant 2,000 0.0 3,000 0.0 1,000 50% Total $11,195,201 137.75 $10,985,909 137.75 $(209,292) (1.9%) April 16, 2019 54 CITY MANAGER'S BRIEFINGS FY2019-20 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES ITEM#69120 (Continued) Here is 9-1-1 Training Program Update: 9-1-1 Training Program Update Old Training New Training Change Program Program (1/2014-10/2015) (6/2016-4/2019) Average number of 64.95 29.43 Decrease of 35.52 working days to working days provisional status Average number of 119.8 130.49 Increase of 10.69 training hours to hours provisional status Average hours of 1.84 4.43 Increase of 2.59 training per hours working day Average number of 191 121.65 Decrease of 69.35 working days to working days fully released call taker from hire date "working days are based on a 40 hour work week and exclude days off. Here are a few of the Major Initiatives: Major Initiatives • State Budget Amendment to 911 Wireless Funding • 9-1-1 Selective Router Replacement — Moves Virginia Beach and region towards Next Generation 9-1-1(NG9-1-1) — More accurate location of wireless calls—Speeds up call processing — Wireless calls get routed to correct Public Safety Answering Point(PSAP) — Receive multimedia information(videos,pictures,etc.) • Customer Relationship Management System(311/city wide) — Ability to track data—heartbeat of the city — Generate actionable reports • Rapid SOS — Provides accurate location of caller • Rave Mobile Safety — Smart 9-1-1 — Alerting(VB Alerts) — Prepare Mayor Dyer expressed his appreciation to Mr. Williams for the presentation. April 16, 2019 55 CITY MANAGER'S BRIEFINGS FY2019-20 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY MEDICAL SERVICES ITEM#69121 4:18 P.M. Mayor Dyer welcomed Edward Brazle, Chief—Emergency Medical Services (EMS). Chief Brazle expressed his appreciation to City Council for their continued support:0i� _ 6 if Emergency Medical Services Budget Workshop April 16, 2019 Chief Edward M. Brazle Here is the Organization Summary: Emergency Medical Services Organization Summary • 6 Divisions • 97.55 FTEs (proposed) • 12 ambulances staffed/shift —85%of crews are volunteers • Cost/Ambulance Call = $230 April 16, 2019 56 CITY MANAGER'S BRIEFINGS FY2019-20 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY MEDICAL SERVICES ITEM#69121 (Continued) Emergency Medical Services Organization Summary- Volunteers • Staffing Ambulances: 439 (Equivalent to 92 FTEs) • Performing Other Duties: —Enrolled in Training: 207 —Special Operations:51 —Administrative and Support: 171 —Leave/Inactive Status: 100 Here is the FY 2019-20 Programmatic Budget: $375,000FY 2020 Proposed Budget 3.0% Budget by Fund $12,565,859 97.0% 411. 4MMEMBE $1,802,855 •General Fund State Four for Life Grant 13,9% Budget by Expense Category $3,304,259 $7633,745 25.5% 60.5% Personnel i,Operating Resort Lifeguard Contract April 16, 2019 57 CITY MANAGER'S BRIEFINGS FY2019-20 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY MEDICAL SERVICES ITEM#69121 (Continued) Here is an overview of the Operating Budget: Emergency Medical Services Operating Budget Program Unit FY 19-20 FY 20-21 Change FY 19 Amended FTE Proposed i FTE Amended to FY20 Proposed Administration $895,515 8.5 $835,507 8.5 ($60,008) (6.7%) Training $1,199,920 9.0 $1,171,836 9.0 ($28,084) (2.3%) Operations and $8,243,520 59.0 $8,460,408 67.0 $216,888 2.6% Response Regulation and $248,775 3.0 $236,743 3.0 ($12,032) (4.8%) Compliance Lifeguard services $2,008,863 10.05 $2,236,365 10.05 $227,502 11.3% Total $12,596,593 89.55 $12,940,859 97.55 $344,266 2.7% The next two (2)slides provide an overview of the EMS Major Budget Highlights: EMS Major Budget Highlight: Oceanfront Lifeguard Contract Cost Increase • Contract awarded to Virginia Beach Lifesaving Service, Inc. —Cost increase of$227,058 over previous level —Annual 3%escalation will start in fy21 A BEACB*EMS April 16, 2019 58 CITY MANAGER'S BRIEFINGS FY2019-20 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY MEDICAL SERVICES ITEM#69121 (Continued) EMS Major Budget Highlight: Additional Paramedics • 8 medics to increase ambulance staffing in conjunction with opening the new Burton Station Fire and EMS Station —Additional base exceeds the capacity of existing volunteer resources • 4 additional medics required in fy21 to ensure full coverage in the event of leave, illness, etc. IABEACI*EMS Here are a few of the Initiatives Underway: Initiatives Underway • Marketing partnership with Virginia Beach Rescue Squad Foundation • Building Community Medic/Outreach Program • Enhanced training support for Fire and Police along with other ERS partners • Increased number of volunteer appreciation activities yB BEACH*EMS April 16, 2019 59 CITY MANAGER'S BRIEFINGS FY2019-20 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY MEDICAL SERVICES ITEM#69121 (Continued) BEA E'.EPC ENCY MEDICAL SER% ICES QUESTIONS? Mayor Dyer expressed his appreciation to Chief Brazle for the presentation. April 16, 2019 60 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— FIRE DEPARTMENT ITEM#69122 4:27 P.M. Mayor Dyer welcomed David Hutcheson, Chief—Fire Department. Chief Hutcheson expressed his appreciation to City Council for their continued support: CFAI—IOommissioi..„ k . ' (v' Fire Accreditation 1' t International A • inia Beach �. Departme P Here is the Organization Summary: Fire Department Organization Summary >Organization A 537.13 General Fund Positions. 9— Administration, Fire Prevention Bureau, Personnel& Development and Operations. $$$ Total Budget$55,835,134. 0 Grant funds support the FEMA Urban Search and Rescue Division. April 16, 2019 61 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— FIRE DEPARTMENT ITEM#69122 (Continued) The next four(4)slides provide an overview of Fire Department Services: Fire Department Services Training and Planning: • Domestic Preparedness&Planning Exercises. > Regional Fire Training Center capable of hosting various activities such as structural collapse school and live burn training scenarios. > Virginia Fire Rescue Conference. A total of 2041 attendees with 1042 hotel room nights generated. os li,.... . -' Fire Department Services Response: Fire Operations:Structural,rural,&wildland urban interface. > Vehicle extrication. > Emergency Medical Services: Basic Life Support&Advanced Life Support first response. • Hazardous materials,confined space,trench collapse as well as high&low angle rope rescue. > Marine search and rescue,marine&shipboard firefighting. • FEMA urban search&rescue. x April 16, 2019 62 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— FIRE DEPARTMENT ITEM#69122 (Continued) Fire Department Services Mitigation: • Fire Marshal's Office responsible for inspecting up tol3k businesses a year. . Life Safety Education Program delivers a life safety program to all K-3 grade students in the City.An additional individual program is presented to all 4th grade students. . Special events planning and service delivery,emergency management. SITW, Patriotic Festival, Neptune Festival,Marathons,July 4th etc. Restoration: • Collaborate with other City departments such as Housing and Human Services to assist those who have been displaced by fires. r .i 4 Fire Department Services Community Outreach: ➢ Every fire station is a Food Bank drop off location. "Operation Extinguish Hunger",with a total of 10,633 lbs.of food donated to date. ➢ Surf rescue provider for oceanfront surf camps for disabled youth and Wounded Warriors. ➢ Elderly fire and fall prevention program. ➢ Fire and Life Safety Summer Camp for rising ln,2ntl,and 3,d graders. ➢ Fire Cadet Program. ➢ Camp 911 for 6th-8th grade students to introduce them to career options in the fire service. ➢ Smoke detector and carbon monoxide detector outreach programs. Illp -- - _ - A q 4 . ..4.---'_ A- April 16, 2019 63 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— FIRE DEPARTMENT ITEM#69122 (Continued) Here is the FY 2019-20 Programmatic Budget: FY 2019-20 General Fund Budget $1,272,528 $2,193,774 2.3% 3.9% $2,536,286 4.5% $49,832,546 89.2% ■Administration ■Fire Prevention Bureau ■Operations Personnel&Development Here is an overview of the Operating Budget: Fire Department Operating Budget Program Unit FY 18-19 I FY 18- I FY 19-20 FY 19-20 ! Change FY 19 Amended 19 FTE Proposed FTE Amended to FY 20 Proposed Fire $2,648,015 24.0 $ 2,193,774 20.0 ($454,241) -17.15% Administration Fire Prevention $3,341,461 34.71 $2,536,286 27.13 ($805,175) -24 1% Bureau Fire Operations $47,580,937 451.0 $49,832,546 478.3 $2,251,609 4 73% Fire Personnel& $1,373,840 12.5 $1,272,528 11.7 ($101,312) -7 37% Development Total $54,944,253 522.21 $55,835,134 537.13 $890,881 1.62% April 16, 2019 64 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— FIRE DEPARTMENT ITEM#69122 (Continued) Here are Major Changes/Budget Highlights: Fire Department Major Changes/Budget Highlights ➢ In preparation for the opening of Burton Station in the fall of 2020,the Fire Department has received 15 Firefighter Recruit positions and the associated personal protective equipment,radios,and uniforms. > Burton Station will house 30 firefighters(6 captains and 24 firefighters),with the second half of those positions being added in the FY 2020-21 budget. >A civilian,Account Clerk III position to assist with processing the department's payroll,grant management and other financial responsibilities. The next two (2)slides provide a few of the Initiatives Underway: Initiatives Underway ,,, D Expansion of Automatic Aid for structure fires with Chesapeake and Norfolk. y\ r )> Focus on firefighter wellness initiatives t, -, including implementation of the Tactical # Trainer position,increased decontamination d, procedures,and continuing with the second '* set of turnout gear initiative.1 - ., `-1,4 . } �` ' r `a R,' t• • —s tai! J Illi ' _IV a -ig . 1 t &", 9 '411C �srt— . -,_ v_ ,,,_ ..... w.4., ir - - - .- _.,,, , _ _ April 16, 2019 65 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— FIRE DEPARTMENT ITEM#69122 (Continued) Initiatives Underway ➢ Continuation of four person staffing initiative. ➢ Fort Story Fire Station partnership. kaiiitgro V • ii A ' • ! it Conclusion Having the proper staffing levels,training and equipment allows us to be prepared to deal with a situation like this: April 16, 2019 66 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— FIRE DEPARTMENT ITEM#69122 (Continued) The parents and their three(3) children survived a house fire and came to express their appreciation the C-Shift firemen at Station 7: 1 _ 7- -ix _ And significantly m ►` c -WI contributes to positive „ , -r outcomes. '( a ;ir Si .i tlk Thank you for the support •3 ,6, ` that you provide to our - .;. � department! b 111 A Li l'' '"....,. i_,. ill ' —--"r Ra • 4 '. 1*, - t_._” Mayor Dyer expressed his appreciation to Chief Hutcheson for the presentation. April 16, 2019 67 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget) — POLICE DEPARTMENT ITEM#69123 4:42 P.M. Mayor Dyer welcomed James Cervera, Chief—Police Department. Chief Cervera expressed his appreciation to City Council for their continued support: 09 Police Department Budget Workshop April 16, 2019 Chief James A. Cervera Here is the Organization Summary: "Police Department" Organization Summary Police Total Positions 1,060.16 Administration and Support Positions=134.07 Investigations Positions=195.00 Patrol and Community Policing Positions= 731.09 Apri116, 2019 68 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— POLICE DEPARTMENT ITEM#69123 (Continued) Here is the FY 2019-20 Programmatic Budget: FY 2019-20 Programmatic Budget $14,039,448 13.6% 1 .r $18,552,111 18.0% • $70,368,974 68.3% c Adminstration and Support •Investigations Patrol and Community Policing The next three(3)slides provide an overview of the Operating Budget: Police Department Operating Budget Program Unit FY 18-19 FY 18-19 FY 19-20 '', FY 19-20 Change FY 19 '.. Amended FTE Proposed FTE Amended to FY 20 Proposed Director's Office $2,470,801 22.80 $2,371,483 22.80 $(99,318) (4%) False Alarms 79,716 1.75 153,137 2.55 73,421 92% Personnel and 5,148,400 35.72 4,827,723 35.72 (320,677) (6 2%) Training Community 813,422 8 847,381 8 33,959 4.2% Engagement Support $5,558,599 62 $5,566,978 67 $8,379 .15% K-9 Unit $1,909,350 16 $1,849,635 16 $(59,715) (3.12%) Helicopter Unit 953,409 8 902,407 8 (51,002) (5.3%) April 16, 2019 69 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— POLICE DEPARTMENT ITEM#69123 (Continued) Police Department Operating Budget Program Unit FY 18-19 FY 18-19 , FY 19-20 FY 19-20 I Change FY 19 Amended FTE I Proposed I FTE I Amended to FY 20 Proposed Uniform Patrol 58,170,420 598.63 58,295,630 598.63 125,210 .21% Red Light 1,070,584 2.40 1,120,127 4.20 49,543 4.6% Camera Program Mounted Patrol 1,155,500 12 1,091,470 12 (64,030) (5.54%) Marine Patrol $1,089,968 10.46 $1,076,004 10.46 $(13,964) (1.28) School Resource 2,499,606 30 2,618,315 30 118,709 4.74% Officer Program Investigative 13,453,961 141 12,978,409 141 (475,552) (3 53%) Division Special Investigative 5,310,657 54 5,181,736 54 (128,921) (2.42%) Unit Police Department Operating Budget Program Unit FY 18-19 FY 18- FY 19-20 FY 19-20 I Change FY 19 Amended 19 FTE Proposed FTE I Amended to FY 20 • Proposed Commercial (959) (.24%) 392,925 n/a 391,966 n/a Extraditions Animal Control 3,634,226 46 3,688,132 48 53,906 1.48% Total 103,997,459 102,960,533 (1,036,926) (1%) April 16, 2019 70 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— POLICE DEPARTMENT ITEM#69123 (Continued) Here are Major Changes/Budget Highlights: "Police Department" Major Changes/Budget Highlights Civilianization +6.6 FTEs+$442,242 The Police Department will be adding 6.6 FTEs in Fiscal Year 2019-2020 as part of a process designed to hire civilian employees in support roles such as public safety analysts.This initiative thereby allows 12 sworn officers currently employed in these roles to return to field duty. Animal Care and Adoption Center Positions *2.0 FTEs +$81,686 The Police Department will add 1 new Caretaker and 1 new Clerk to the Animal Care and Adoption Center(ACAC)to reduce workloads upon and customer assistance. Safety Engineer +1.0 FTEs +$82,860 The Police Department will add 1 FTE to work with officers and Occupational Health to design and administer programs intended to reduce officer workforce injures and enhance officer safety. Stop Arm Camera Reviewers +1.8 FTEs +$0 The Police Department will add 1.8 FTEs in part-time positions to review and enforce the school bus Stop Arm Program.While these positions will be in the Police Department,their costs will be reimbursed by the VBCPS,therefore creating no new cost to the City. The next four(4)slides provide a few of the Initiatives: Initiatives Underway and Conclusion In conclusion, I would like to highlight the success of three current initiatives funded by Council in previous budget cycles: • Collaborative CIT Co-Response pilot program • Successful implementation of the Body Worn Camera program • Implementation of the Professional Development program April 16, 2019 71 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget) — POLICE DEPARTMENT ITEM#69123 (Continued) Initiatives Underway and Conclusion In November 2018,the Police Department and Human Services implemented a new initiative called the Mobile Co-Responder Team. A clinician rides with a police officer during peak times to expedite response to a scene,ensure safety,make an accurate and compassionate assessment of needs,develop a plan to accomplish treatment,screen the consumer as required,and coordinate the transportation of the consumer to a treatment facility. Building on the success of this program,we are working with DHS to expand this collaborative policing model to assist in serving the needs of our Veterans,and those in our Community with substance abuse and addiction issues. In conjunction with the Department's robust Community Engagement and Outreach efforts,these initiatives are a proactive utilization of police and City resources,demonstrating our commitment to work in partnership with our citizens and our other city agencies to prevent criminal acts- as opposed to responding to the often tragic aftermath of those acts. Initiatives Underway and Conclusion In 2017 the VBPD received a BWC Policy and Implementation Program(PIP)grant from the Bureau of Justice Assistance(BJA). We successfully completed the BJA policy review scorecard,which confirms the comprehensive and deliberate steps taken in our BWC policy development process,and in February 2018,Virginia Beach received policy approval. The department took a deliberate and methodical approach to developing our BWC policy.During this process we completed a full evaluation of the impact of the cameras on the end users and on the department's associated business processes. Virginia Beach held a press conference and initiated a media campaign to share information on the cameras with local media and with the community.We are currently conducting additional outreach to criminal justice partners.This includes reaching out to prosecutors,judges,and public defenders to share videos,communicate prosecutorial priorities,and ensure that cases are being generated for prosecution and attorneys can link cases and videos. The BJA recently published an article in their Spring 2019 Newsletter providing us with nationwide recognition for our accomplishments.The VBPD now serves as a mentor for other Departments and will be presenting at the BWC National Meeting in April 2019. April 16, 2019 72 CITY MANAGER'S BRIEFING FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget)— POLICE DEPARTMENT ITEM#69123 (Continued) Initiatives Underway and Conclusion The first P02/MPO test was conducted on January 23,2019(To aid in the transition to the new workforce development program,we will give officers the choice of testing for P02 under the"new"policy or testing for MPO under the"old"policy this year and for the next two years). Of the 103 officers who participated,89 successfully scored above the 70 percent minimum score threshold needed for progression.The following figures represent the breakdown of progressions for P02 and MPO: P02 72 officers received their P02 career progression 2/14/2019 1 additional officer qualified for P02 2/14/2019 but submitted resignation 9 officers will receive their P02 career progressions 6/20/2019 1 officer will be eligible for P02 9/26/2019 MPO 6 officers elected to career progress to MPO under the old policy(various dates) In order to facilitate the administration of the program,a Public Safety Training Specialist and an Office Assistant II were recently hired. QUESTIONS? Mayor Dyer expressed his appreciation to Chief Cervera for the presentation. April 16, 2019 73 CITY COUNCIL COMMENTS ITEM#69124 4:51 P.M. There were no City Council Comments April 16, 2019 74 AGENDA REVIEW SESSION ITEM#69125 4:52 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Resolution to DIRECT the City Attorney to file a Petition for Writ of Special Election re the Rose Hall District Vacancy 2. Resolutions to REQUEST the Virginia Department of Transportation (VDOT)ACCEPT: a. Additional Streets for Urban Maintenance Payments b. Corrections and Deletions to the Road Inventory 3. Ordinance to DONATE promotional items for Historic Preservation Month to Preservation Virginia re raise awareness for ongoing preservation needs at Cape Henry Lighthouse 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of City-Owned Property for up to five (5)years at the Virginia Beach Maritime Museum, Inc., at 24th Street and Atlantic Avenue re "Old Coast Guard Building" 5. Ordinance to AUTHORIZE temporary encroachments into portions of City rights-of-way known as Commerce Street and Central Park Avenue re elevated patios 6. Ordinances to ACCEPT and APPROPRIATE: a. $7,000 from VB Home Now, Inc. to the FY 2018—19 Housing and Neighborhood Preservation Operating Budget re assist families to obtain and keep housing b. $375,912 from Virginia Department of Emergency Management re mobilization of Virginia Task Force 2 FEMA Urban Search and Rescue Team for Hurricane Florence 7. Ordinance to APPROPRIATE$171,705 to the FY2018-19 Fire Department Operating Budget re purchase of replacement protective apparel and breathing apparatus equipment April 16, 2019 75 AGENDA REVIEW SESSION ITEM#69125 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. CLEAR CREEK HOLDINGS,LLC for a Conditional Change of Zoning from R-10 Residential& I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6 — BEACH(Deferred from February 5, 2019, February 19, 2019 and April 2, 2019) 2. PRINCESS ANNE HOTEL, LLC and CITY OF VIRGINIA BEACH for a Conditional Change ofZoning from B-2 Community Business to Conditional B-4 Mixed Use at the northeast corner of Princess Anne Road & Community College Place re construction of hotel DISTRICT 1 — CENTERVILLE 3. EMMANUEL PROTESTANT EPISCOPAL CHURCH for a Modification of Conditions re child care education center within a religious use at 5181 Singleton Way DISTRICT 2—KEMPSVILLE 4. NORTH LANDING BEACH RV RESORT & COTTAGES / VIRGINIA BEACH, LLC for a Modification of Conditions re construct two (2) community piers at161 Princess Anne Road DISTRICT 7—PRINCESS ANNE 5. B& W TATTOOING,LLC and CAPITAL FINANCE,INC.for a Conditional Use Permit re tattoo parlor at 172 South Plaza Trail, Suite F DISTRICT 6—BEACH 6. NORFOLK VIRGINIA BEACH AIRPORT, INC.for a Conditional Use Permit re bulk storage yard at the vacant parcel on the west side of Miller Store Road DISTRICT 4—BAYSIDE 7. B &L INVESTMENT GROUP, LLC for a Conditional Use Permit re motor vehicle sales at 202 South Newtown Road DISTRICT 2—KEMPSVILLE 8. PLEASURE HOUSE BREWING, LLC and WEATHERSBY PROPERTIES for Conditional Use Permits re craft brewery& open-air market at 2032 Pleasure House Road DISTRICT 4—BAYSIDE ITEM#1 WILL BE CONSIDERED SEPARATELY April 16, 2019 76 ITEM#69126 Mayor Robert M Dyer 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). • Mid-Atlantic LLC v. City of Virginia Beach • Clear Creek Holdings, LLC PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees April 16, 2019 77 ITEM#69126 (Continued) Upon motion by Council Member Wilson, seconded by Council Member Wooten, City Council voted to proceed into CLOSED SESSION at 4:54 P.M. Voting: 9-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss Break 4:54 P.M. —5:01 P.M. Closed Session 5:01 P.M. —5:59 P.M. April 16, 2019 78 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL APRIL 16, 2019 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, April 16, 2019, at 6.•00 P.M. Council Members Present: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott Vacation John D. Moss Vacation INVOCATION: Reverend Rene R. Castillo Church of the Holy Apostles PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna"), who's Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna 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 (the "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 of the agenda for any given meeting of the Council, she identifies a matter in which she has a "personal interest, "as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. April 16, 2019 79 Council Member 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 idents 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 Member Wilson's letter of June 2, 2015, is hereby made a part of the record. April 16, 2019 80 ITEM— V-E. CERTIFICATION ITEM#69127 Upon motion by Council Member Jones, seconded by Council Member Wilson, 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: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott John D. Moss April 16, 2019 moi: �'_ s rNolls OUR R., 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#69126 Page 77 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. Amar&Barnes,MMC City Clerk April 16, 2019 81 ITEM-V-G PUBLIC COMMENT ITEM#69128 Mayor Dyer DECLARED A PUBLIC COMMENT: CANDIDATES FOR CITY COUNCIL VACANCY—BEACH DISTRICT The following registered to speak: Michael Summers, 4309 Blackthorn Court, Phone: 285-9363, spoke in SUPPORT of Guy Tower Steve Fuschetti, 3810 Atlantic Avenue, Phone: 469-8106, spoke in SUPPORT of Guy Tower Glenn Carwell, 3157 Adam Keeling Road, Phone: 481-7788, spoke in SUPPORT of Guy Tower Steven Strickler, 1124 Windsor Road, Phone: 428-0054, spoke in SUPPORT of Guy Tower Vince Mastracco, 8404 Oceanfront Avenue, Phone: 624-3213, spoke in SUPPORT of Guy Tower Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION of the candidate selection process Jo Ann Hoffeimer, 6400 Oceanfront Avenue, Phone: 428-2001, spoke in SUPPORT of Guy Tower Nancy Parker, 573 23rd Street, Phone: 651-4848, spoke in SUPPORT of Guy Tower Conrad Schesventer, 1367 Hafford Road, Phone: 719-2113, spoke in SUPPORT of Megin Kennett Jay Garry, 3810 Atlantic Avenue, Phone: 353-7474, spoke in SUPPORT of Guy Tower Tammie Mullins-Rice, 1010 Barnacle Court, Phone: 630-7097, spoke in OPPOSITION of John Uhrin Morris Fine, 6812 Oceanfront Avenue, Phone: 422-1678, spoke in SUPPORT of Guy Tower Ray Russell, 1716 Moon Valley Drive, Phone: 288-4813, spoke in OPPOSITION of the candidate selection process Amelia Ross-Hammond, Phone: 646-1709, spoke in SUPPORT of Guy Tower Andrew Jackson (African-American Leadership Forum—Chair), 153 Upperville Road, Phone: 490-9190, spoke in SUPPORT of Guy Tower There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT April 16, 2019 82 ITEM- V-H PUBLIC HEARING ITEM#69129 Mayor Dyer DECLARED A PUBLIC HEARING: NON-EXCLUSIVE FRANCHISE USE ExteNet Systems (Virginia), LLCBuilding 8, Spaces 23 &24 to Moosewood Creek Primitives There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING April 16, 2019 83 ITEM— V.I. FORMAL SESSION AGENDA ITEM#69130 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT,Agenda Items J: Ordinances/Resolutions, 1, 2a/b, 3, 4, 5, 6a/b, and 7 and Planning Agenda Items K:2, 3, 4, 5, 6, 7, and 8 Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss PLANNING: ITEM K.1 WILL BE CONSIDERED SEPARATELY April 16, 2019 84 ITEM— V J.1 ORDINANCES/RESOLUTIONS ITEM#69131 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT,Resolution to DIRECT the City Attorney to file a Petition for Writ of Special Election re the Rose Hall District Vacancy Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO 2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION 3 FOR THE ROSE HALL DISTRICT 4 5 WHEREAS, the Councilmember from the Rose Hall District, Shannon DS Kane, 6 has resigned effective April 6, 2019, which creates a vacancy; 7 8 WHEREAS, the current term of office for the Rose Hall District seat runs until 9 December 31, 2020; 10 11 WHEREAS, Code of Virginia § 24.2-226 requires a local elected body to petition 12 its circuit court for a Writ of Special Election to fill the remaining portion of the term of 13 office for a member of the elected body when that member's term of office ends in a 14 year other than the year for which a general election to fill the vacancy occurs; and 15 16 WHEREAS, the next general election available to fill the Office of 17 Councilmember for the Rose Hall District is November 5, 2019. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the City Council directs the City Attorney to file a Petition for a Writ of 23 Special Election in the Circuit Court for the purpose of filling the vacancy in the Office of 24 Councilmember, Rose Hall District for a term ending December 31, 2020, and requests 25 such special election to be held on November 5, 2019. Adopted by the City Council of the City of Virginia Beach, Virginia, this 16th day of April , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City ttorn y's Office CA14724 R-1 April 3, 2019 U tCity of Virginia Beach za z2� Up OURNoo' VBgov.com SHANNON DS KANE PHONE: (757)802-3236 COUNCIL LADY-DISTRICT 3-ROSE HALL FAX: (757)385-5669 skane@vbgov.com March 29,2019 Dear Friends, It seems like yesterday when I stood before a City Council meeting as an applicant for a vacant City Council seat. I talked about making our city a Virginia Beach for everyone. I was inspired to work with everyone and for everyone to make progress in Virginia Beach. I worked to bring jobs to Virginia Beach,both the ones that make headlines and the many more job-creating businesses that don't. I started a Workplace Wednesday program where I would visit small businesses and highlight their success. When Hurricane Matthew hit,I knew my mission was to fix flooding and increase the funding so that Virginia Beach remains viable,not just for decades but forever. We are succeeding. Our flooding funding has gone from 9%of the budget to 23%. The major areas hit hardest by Matthew,many in my district,are funded for improvements and relief. As you know,I'm running for State office to bring more funding back to Virginia Beach for this crucial issue. And I've supported efforts to get the federal government involved. I've learned a lot about how to make government work for people and how to get things done that are so important for residents,for businesses and for those who need a greater voice. Throughout my two City Council elections, I've met and worked with so many who want the best for our City,and I've found ways to fmd compromise when two sides seemed like no compromise would do. My family and I have purchased a new home and are moving in next weekend. It's an exciting time, especially for my son who is looking forward to his new room. The bittersweet part of our move is that it takes us out of the Rose Hall district. I believe that an elected official who is elected to represent a district needs to live in that district for the entirety of the term of office. For that reason,I am announcing my resignation from Virginia Beach City Council,effective April 6. I understand the difficulty of this announcement,especially when City Council is already working on filling a vacant seat representing the Beach district. But I believe the honorable decision is for me to step aside and allow citizens of the Rose Hall district to step up and serve,and I know Council will make the right decisions to move Virginia Beach ahead in the months and years to come. I thank everyone who have supported my efforts on City Council and have encouraged me,prayed for me and helped me make the best decisions. I know we accomplished a great deal,and I look forward to the path ahead. We will continue making our city a Virginia Beach for everyone. Warmest regards, AIR Shannon DS Kane 2401 COURTHOUSE DRIVE,SUITE 281,VIRGINIA BEACH,VA 23452 85 ITEM— V.J.2a ORDINANCES/RESOLUTIONS ITEM#69132 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT,Resolution to REQUEST the Virginia Department of Transportation (VDOT)ACCEPT: a. Additional Streets for Urban Maintenance Payments Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 3.82 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16thday of April , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: qAA // iLL- --- nt of Public Works `City-Attorney s Office CA14725 R-1 April 2, 2019 City of Virginia Beach Exhibit A - New Streets Public Works/Operations . .- tet€ rn s New Street .. Street Type STREET FROM TO LANE MILES LOCAL BELLAFINA CT MIRASOL W DEAD END 0.16 LOCAL BRODEUR LA N DEAD END S DEAD END 0.46 LOCAL CRAFT LN GENERAL BOOTH BLVD N CUL DE SAC 0.16 LOCAL DITCHLEY RD YORK LN BAYSHORE DR N 0.96 LOCAL GILLS PL NORMANDY AV N CUL-DE-SAC 0.18 LOCAL LILY LOCH CT BORDER WY W CUL-DE-SAC 0.18 LOCAL MANZANITA DR MIRASOL DR MIRASOL DR 0,28 LOCAL MIRASOL DR NIMMO PW(WB) MIRASOL DR 1.02 LOCAL MUNDEN RIDGE DR N CUL DE SAC FISHER ARCH 0.14 LOCAL SEDONA CIR TALVERA PL W CUL-DE-SAC 0.06 LOCAL TALVERA PL NIMMO PKWY N CUL-DE-SAC 0.22 LOCAL WASHINGTON SQUARE ALLEY#1 WESTMINSTER LA(WB) . . _. - 006 LOCAL WASIIINGTON SQUARE ALLEY#10 WASHINGTON SQUARE ALLEY# WASHINGTON SQUARE ALLEY#5 948 a LOCAL WASIIINGTON SQUARE ALLEY#11 WASHINGTON SQUARE ALLEY# WA ' . . .. • 848 2 LOCAL WASHINGTON SQUARE ALLEY#12 W-I DOM-PM T'T __ 0- LOCAL WASHINGTON SQUARE ALLEY#13 WINDOM PL WINDOM-PL 946 L-0C-AL. WASHINGTON-S LLEY-#14 WASHINGTON SQUARE ALLEY 6 SEDGEWICK DR 948 2 LOCAL WASHINGTON SQUARE ALLEY#15 CAMBRIDGE DR WASHINGTON SQUARE ALLEY#3 006 LOCAL WASHINGTON SQUARE ALLEY--#46 WA-SHIN TON-SQUAR€ALLEY# SEDGEWICK DR 0-06 i L-OC-AL WASHINGTON-SQUARE ALL-EY-#47 W- ST""'"`.-. ER-LA{WB) WASHINGTON WART ALLEY 02 944 LOCAL WASHING-TON SQUARE ALLEY#I Y QUARE ALLEY-# WASHINGTON SQUARE ALLEY#22 0-26 an LOC-AL WASHINGTON SQUARE ALLEY#19 QUARE ALLEY 6 040 L-OC-AT WASHINGTON-SQUAR-,TL-LE1=-#2 WASIIINGTON SQUARE AL-LEY-# W-A-SH NQTO}SQUARE ALLEY#14 048 1& LOC-AI WASHINGTON SQUARE ALLEY#20 BILTMORE-DR WASI IINGTON SQUARE ALLEY#15 046 LOCAL WAS e. #?1 B4L--MOR-E-DR CAMBRIDGE-DR 0,22 LOCAL WASHINGTON SQUARE ALLEY-#22 WASHINGTON-SQUARE-ALLEY## BIL-T-MOREDR 0;04 u LOCAL WASHINGTON SQUARE ALLEY#23 TILDEN PL ^Ga�NOON-^'D" 0.12 LOCAL WASHINGTON SQUARE ALLEY#24 WASHINGTON SQUARE ALLEY# CANNON DR 040 as LOCAL WASHINGTON-SQUARE ALLEY-#23 WASHINGTON-SQ"""T,,,SLE3'-# WA—SITING—TO• e. • ' 0-04 an LOCAL _ _ _. • • . WASHINGTON SQUARE ALLEY# WASHINGTON SQUARE ALLEY#25 0-06 20 LOCAL WASHINGTON SQUARE ALLEY#27 CAMBRIDGE DR CIIADWICI4-DR 04-0 LOCAL WASHINGTON SQUARE ALLEY#28 WASHINGTON-SQUARE ALLEY# CAMBRIDGE DR 04* lC LOCAL WASIIINGTON SQUARE ALLEY#29 WASHINGTON SQUARE ALLEY# WASHINGTON SQUARE ALLEY#25 0:94 22 LOCAL WASIIINGTON SQUARE ALLEY#3 ._ WASHINGTON SQUARE ALLEY#15 0$4 IA LOCAL WASHINGTON SQUARE ALLEY#30 BILTMORE DR WASHINGTON SQUARE ALLEY#26 042 LOCAL WASHINGTON SQUARE ALLEY#31 CHADWICK DR 0.02 Wednesday,January 30,2019 Page 1 of 2 .-.._...--.—, ,. . .. ., n.. -w. ,,-„y - a New Street t. Street Type STREET FROM TO LANE MILES LOCAL WASHINGTON SQUARE ALLEY#4 WASHINGTON SQUARE ALLEY 6 WASHINGTON SQUARE ALLEY 1/5 0.06 LOCAL WASHINGTON SQUARE ALLEY#5 .e. • WASHINGTON SQUARE ALLEY#6 9-96 A LOC-AL WA • - - - . . WSHINGFa. e _ S -- 948 LOCAL _ .. WASHINGTON SQUARE ALLEY 6 WASHINGTON SQUARE ALLEY#& 9-04 LOCAL WASHINGTON SQUARE ALLEY#8 WASHINGTON SQUARE ALLEY 6 WASHINGTON SQUARE ALLEY#9 9:96 L-AGAL QUARE ALLEY#9 e. . - E DR 9.16 Total Lane Miles of LOCAL streets: 6199 3.82 Total Lane Miles of New Street: 6 3.82 *Note:VDOT did not approve the Washington Square Alleys for reimbursement. Wednesday,January 30,2019 Page 2 of 2 86 ITEM— V.J.2b ORDINANCES/RESOLUTIONS ITEM#69133 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT,Resolution to REQUEST the Virginia Department of Transportation (VDOT)ACCEPT: b. Corrections and Deletions to the Road Inventory Voting: 7-0 Council Members Voting Aye: Mayor Robert M Dyer, Barbara M Henley, Louis R.Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott John D. Moss April 16, 2019 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 CORRECTIONS/DELETIONS TO THE ROAD INVENTORY 4 FOR URBAN MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting corrections or deletions to the revised road inventory for 8 urban maintenance payments; 9 10 WHEREAS, City personnel have reviewed the revised road inventory prepared 11 by the Virginia Department of Transportation and have determined that some 12 inaccuracies exist; 13 14 WHEREAS, corrections to the revised road inventory have been made as shown 15 on Exhibit B (attached); resulting in a net increase of 0.46 (Local/Collector) lane miles 16 and 4.78 (arterial) lane miles. 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved corrections. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That City Council hereby requests the Virginia Department of Transportation to 25 accept the corrections listed on Exhibit B, attached hereto and incorporated by 26 reference, and to begin paying urban maintenance payments to the City of Virginia 27 Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t ay of April , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j -_--- Depart t of Public Works City orney's Office CA14726 R-1 April 2, 2019 City of Virginia Beach Exhibit B - Changes Public Works/Operations Additions/Replaced deletions r � _ Street Type STREET FROM TO LANE MILES LOCAL WOODLAWN AV N DEAD END SHADY OAKS DR 0.84 Total Lane Miles of LOCAL streets: 0.84 Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAL HOLLAND RD NIMMO PKWY DAM NECK RD 9.56 URBAN MINOR ARTERIAL HOLLAND RD PRINCESS ANNE RD NIMMO PW 0.90 Total Lane Miles of URBAN MINOR ARTERIAL streets: 10.46 Total Lane Miles of Additions/Replaced deletions : 11.30 r Deletions/To be replaced , -- a ,, Street Type STREET FROM TO LANE MILES LOCAL WOODLAWN DR 0.03 S SHADY OAKS DR SURRY DR -0.38 Total Lane Miles of LOCAL streets: -0.38 Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAL HOLLAND RD DAM NECK RD PRINCESS ANNE RD -5.68 Total Lane Miles of URBAN MINOR ARTERIAL streets: -5.68 Total Lane Miles of Deletions/To be replaced : -6.06 Wednesday,February 20,2019 Page 1 of 1 87 ITEM— V.J.3 ORDINANCES/RESOLUTIONS ITEM#69134 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to DONATE promotional items for Historic Preservation Month to Preservation Virginia re raise awareness for ongoing preservation needs at Cape Henry Lighthouse Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 1 AN ORDINANCE TO DONATE PROMOTIONAL ITEMS 2 FOR HISTORIC PRESERVATION MONTH TO 3 PRESERVATION VIRGINIA FOR THE PURPOSE OF 4 RAISING AWARENESS ABOUT ONGOING 5 PRESERVATION NEEDS AT THE CAPE HENRY 6 LIGHTHOUSE 7 8 WHEREAS, the Virginia Beach Historic Preservation Virginia desires to partner 9 with Preservation Virginia to promote historic preservation and focus attention on the 10 ongoing needs of the Cape Henry Lighthouse; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA, THAT: 14 15 The City Council hereby authorizes a donation of up to 3,000 promotional 16 beverage coasters and 144 pieces of promotional glassware for Historic Preservation 17 Month to the Association for the Preservation of Virginia Antiquities, doing business as, 18 Preservation Virginia. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of April , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , / �n \ J Budget and Management Servic,6s City Attorney's Office CA14727 R-1 April 3, 2019 88 ITEM— V.J.4 ORDINANCES/RESOLUTIONS ITEM#69135 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance AUTHORIZE the City Manager to EXECUTE a Lease of City-Owned Property for up to five (5)years at the Virginia Beach Maritime Museum, Inc., at 24th Street and Atlantic Avenue re "Old Coast Guard Building" Voting: 7-0 Council Members Voting Aye: Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott John D. Moss April 16, 2019 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH THE VIRGINIA BEACH MARITIME 4 MUSEUM, INC., FOR CITY-OWNED PROPERTY 5 LOCATED AT 24th STREET AND ATLANTIC 6 AVENUE, TOGETHER WITH THE BUILDING 7 COMMONLY KNOWN AS THE "OLD COAST GUARD 8 BUILDING" 9 10 WHEREAS, the City of Virginia Beach (the "City") owns property located at 24th 11 Street and Atlantic Avenue (GPIN: 2427-19-4622), together with the Old Coast Guard 12 Building (the "Property"), which currently houses the Virginia Beach Maritime Museum 13 (the "Museum"); 14 15 WHEREAS, by authority of ORD-3333F, the City Manager entered into a lease 16 with the adjacent property owner, 23 Atlantic, LLC, for a small strip of land along the 17 southern boundary of the Property to enable the adjacent property owner to maintain 18 pile caps to physically support the adjacent building (the "23 Atlantic Lease"); 19 20 WHEREAS, the 23 Atlantic Lease is specifically excepted from the renewal of the 21 lease with Virginia Beach Maritime Museum, Inc., a non-stock Virginia corporation 22 ("VBMM"); 23 24 WHEREAS, VBMM has previously leased the Property and operated the 25 Museum, and would like to enter into a new lease with the City for the Property; 26 27 WHEREAS, VBMM has been paying the City one dollar ($1.00) per year in rent 28 and the City has provided the Museum with utilities, housekeeping and maintenance; 29 30 WHEREAS, the Museum is important to the City's museum program and to the 31 preservation of the City's maritime history; 32 33 WHEREAS, profits from sales from the gift shop are utilized for the upkeep of the 34 existing maritime exhibits and for purchase or creation of new exhibits; and 35 36 WHEREAS, the Property will continue to be used for operation of the Museum, a 37 gift shop and office space. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 That the City Manager is hereby authorized to execute a lease for up to 5 years 43 between the VBMM, Inc. and the City for the Property, in accordance with the Summary 44 of Terms attached hereto as Exhibit A, and such other terms, conditions or 45 modifications as may be acceptable to the City Manager and in a form deemed 46 satisfactory by the City Attorney. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia on the 16th 49 day of April , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ( 16 )-- 411 AP" Public Wofts/Facilites Management Cir .me s �� " •- APPROVED AS TO CONTENT: Planning CA14425 \\Vbgov.com\dfs 1\Applications\CityLaw\Cycom 32\W PDOCS\DO19\P029\00527552.DOC R-1 March 7, 2019 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY TO VIRGINIA BEACH MARITIME MUSEUM, INC. LESSOR: City of Virginia Beach LESSEE: Virginia Beach Maritime Museum, Inc. PROPERTY: Approximately 12,000 square feet of City property located on Atlantic Avenue at 24th Street and known as the Old Coast Guard Building, less and except that area leased by 23 Atlantic, LLC pursuant to ORD-3333F adopted on February 25, 2014. TERM: May 1, 2019 —April 30, 2024 RENT: Rent shall be one dollar ($1.00) per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Property for a maritime museum with a gift shop and offices and no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. • Maintain signage which shall give recognition to the Lessor as a principal in the ownership and establishment of the Leased Property. • Purchase and maintain commercial general liability insurance. • Comply with all requirements for maintaining the building's status as a National Historic Site. RIGHTS AND RESPONSIBLITIES OF CITY: • Maintain Property, provide minimal weekly housekeeping services and pay for all utilities (except telecommunications fees), fuel, and solid waste collection. • Inspect the Property for compliance with the terms of the lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: • Either party may terminate the lease upon thirty (30) days' advance written notice to the other party. 89 ITEM-V-J.5 ORDINANCES/RESOLUTIONS ITEM#69136 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City rights-of-way known as Commerce Street and Central Park Avenue re elevated patios BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into portions of City rights-of-way known as Commerce Street and Central Park Avenue re elevated patios (GPIN 1477541429) COUNCIL DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Areas, in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one hundred eighty(180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense. 4. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement,provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. April 16, 2019 90 ITEM-V-J.5 ORDINANCES/RESOLUTIONS ITEM#69136 (Continued) 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. 7. It is further expressly understood and agreed that the Grantee must submit and have approved(by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Areas. 8. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Areas. 9. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. 10. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments, and all insurance policies must name the City as additional named insured or loss payee, as applicable. 11. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments. The Grantee will provide endorsements providing at least thirty (30)days written notice to the City prior to the cancellation or termination of or material change to, any of such insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. 12. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Areas, certified by a registered professional engineer or a licensed land surveyor, and/or "as built"plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the April 16, 2019 91 ITEM-V-J.5 ORDINANCES/RESOLUTIONS ITEM#69136 (Continued) City may impose a penalty in the sum of One Hundred Dollars $100.00 per day for each and every day that the Temporary Encroachments are allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 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 16`x'day of April, Two Thousand Nineteen. Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 1 AN ORDINANCE AUTHORIZING TEMPORARY 2 ENCROACHMENTS INTO PORTIONS OF CITY 3 RIGHTS-OF-WAY KNOWN AS COMMERCE 4 STREET AND CENTRAL PARK AVENUE, BY 5 TOWN CENTER ASSOCIATES 9, L.L.C. 6 7 WHEREAS, Town Center Associates 9, L.L.C., a Virginia limited liability 8 company (the "Owner") owns property located along Commerce Street and Central Park 9 Avenue (GPIN: 1477-54-1429-1000) (the "Property"), known as the Town Center Block 10 9 — Retail Unit; 11 12 WHEREAS, the Owner has submitted an application for temporary 13 encroachments into portions of City rights-of-way known as Commerce Street and 14 Central Park Avenue, for elevated patios consisting solely of concrete slabs with EIFS 15 cladding on steel tube structure and aluminum railing with glass infill above the slabs 16 (the "Encroachments"), as shown on Exhibits EX-01.1, EX-01.2, EX-01.3, EX-02.1 EX- 17 02.2 and EX-02.3 attached hereto; and 18 19 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 1. That pursuant to the authority and to the extent thereof contained in 27 §§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Owner is 28 authorized to construct and maintain the Encroachments into the City's rights-of-way, as 29 shown on Exhibits EX-01.1, EX-01.2, EX-01.3, EX-02.1 EX-02.2 and EX-02.3, attached 30 hereto and made a part hereof. 31 32 2. That the Encroachments are expressly subject to those terms, conditions 33 and criteria contained in that certain encroachment agreement between the City of 34 Virginia Beach and the Owner (the "Agreement"). 35 36 3. That the City Manager or his authorized designee is hereby authorized to 37 execute the Agreement, and such other terms, conditions and modifications as may be 38 acceptable to the City Manager and in a form deemed satisfactory by the City. 39 40 4. That this Ordinance shall not be in effect until such time as the Owner and 41 the City Manager or his authorized designee execute the Agreement. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day 44 of April , 2019. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND-FORM At 41# c or / Real Estate City Attorney APPROVED AS TO CONTENT Al 4 Alp .nomic Development CA14639 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D004\P018\00188303.doc R-1 April 3, 2019 ENCROACHMENTO CENTRAL PARK AVE. z c s 81'PUBLIC R/W INST./200212303086483 VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE-NAD83/93(HARN) II. .........- - - - - - SS 0°24'00"� E 212.86' - Z III% GENERAL NOTES CI 2 IIIA COORDINATE VALUES EXPRESSED IN US 0IMI' 1 SURVEY FEET. r 0 III; THE PROPERTY LINES AND EXISTING 0 w III1 I CONDITIONS SHOWN ON THIS PLAN ARE o0 �II\.�. 1 BASED UPON ORIGINAL ARCHITECTURAL I 1`i=s I DRAWINGS AND ACTUAL FIELD SURVEYS -D u PERFORMED BY VHB,INC IN OCTOBER 2012 �� I AND SUPPLEMENTED IN MAY 2014. Irl FR THIS EXHIBIT IS INTENDED FOR AN IN 1 ENCROACHMENT REQUEST ONLY. 1 I-, I I- NM Z IN 1 E1J o III 1 O0rl I cc o w Iin N 1 TOWN CENTER ASSOCIATES 9,L.L.C. U 0 a,0 SI RETAIL UNIT,TOWN CENTER CONDOMINIUM 9 o a 0 N I TOWN CENTER BLOCK 9 ►w w cl o a ,, rd GPIN: 1477-54-1429-1000 ¢o O ICV- o C 1 � F- ri : Z %� 1 - (0 _1 wm I V ? y �`,�`,Z � �A 1 In I .1pik- III, II I PROPOSED PATIO EXTENTION It,: 1 AREA OF ENCROACHMENT=207 SF 11 Illn I 0I41 1 Ili 1 2'-10"PROPOSED NEW-/ ENCROACHMENT 2'-0" EXISTING ENCROACHMENT 1 PROPERTY LINE LEGEND 0 5 10 15 25 50 • PROPERTY ANGLE POINT 1 NEW WORK 2ND LEVEL FLOOR PLAN EX-01.1 SCALE: 1/8"=1'-0" COX,Kliewer& EXHIBIT EX-01 .1 ,�o �"11 .UI III KIM.1 i(.. PROJECT NAME: CANTINA LAREDO SHELL v I�ki� SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT t LAWRE a ER,1R. FOR EXISTING AND PROPOSED EXTENSION OF PATIO A i 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 ARCHITECTI RE BY:CMD CHK'D:JDL SCALE: 1/B"=1'-0" SHEET: 1 OF:3 2,33\IBGIAI1 BEACH BuL:.E\1RC \'IAA:L\I\BEACH.,IAGI,4I1•1R-2-36i, A,.T743IHE3•F,,,,, 3s:a63n3Ba DRAWING FILE NAME 21820_01_EX01_1_Encroachment PRINT DATE: 3/6/19 RCHIT07 LINE OF R.O.W. 73'-4"LENGTH OF PATIO ENCROACHMENT - ! TOP OF SLAB—3RD FLOOR EL:++52.7'AFF - i I 1 I __--- r TOP OF SLAB—2ND FLOOR/ — — PLAZA LEVEL I I-EF:MIIIIINI11111111MIR M EL.=+32.7 AFF —a_._._. .—i L I s 1'-10"CENTRAL PARK 1' - - _ T PATIO ENCROACHMENT ga . T t , 4 TOP OF S.O.G. _ l',1 ' I 1 ''_- -- I ! 1 f. EL.=+12.T(REF.) EXTENT OF NEW WORK> `EXTENT OF NEW WORK 0 5 10 15 25 50 1 COMMERCE ST. ELEVATION EX-01.2 SCALE: 1/16"=1'—0" GENERAL NOTES LINE OF R.O.W. COORDINATE VALUES EXPRESSED IN US SURVEY FEET. — — — — TOP OF SLAB—3RD FLOOR THE PROPERTY LINES AND EXISTING EL.=52.7'AFF CONDITIONS SHOWN ON THIS PLAN ARE I BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 IAND SUPPLEMENTED IN MAY 2014. 2'-0" EXISTING ENCROACHMENT THE VERTICAL CONTROL ON THESE 7„---- ELEVATIONS ARE BASED ON THE NORTH 2'-10"PROPOSED ADDITIONAL AMERICAN VERTICAL DATUM OF 1988(NAVD 88) ENCROACHMENT AND ARE REFERENCED TO CITY OF VIRGINIA . - / / / BEACH SURVEY CONTROL DISK AT STATION 4740 1750. ITOP OF SLAB—2ND FLOOR/ THIS EXHIBIT IS INTENDED FOR AN I _ PLAZA LEVEL — ENCROACHMENT REQUEST ONLY. EL.=32.7'AFF I yO � 4'-10"TOTAL N ENCROACHMENT N O io f0 GD ' iz TOP OF S.QG. I _ �_ EL.=+1 z.i INET/ 0 5 10 15 25 50 2 CENTRAL PARK AVE. ELEVATION EX-01.2 SCALE: 1/8"=1'-0" ALT"c. , fH OF All COX,Kliewer EXHIBIT E X-01 .2 �° ,�I . ( •1 H I I'I.11 I\.�.(.. PROJECT NAME: CANTINA LAREDO SHELL L T SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE IER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO ill!. 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 A A 6 4 I T E ,. II RE BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 2 OF:3 1 3\IR1;.613 BE4.3 B:il_E3.t' If,�I\Ar1LfL11�:L\I1•:'v11�'6'v c,,--d3Im33•:.."k rcmuuw DRAWING FILE NAME 21820_01_EX01_2_Encroachment PRINT DATE 3/6/19 mrhinn,nn•rvwnwi A"dl..,.m GENERAL NOTES COORDINATE VALUES EXPRESSED IN US SURVEY FEET. • THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS .. PERFORMED BY VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. • THE VERTICAL CONTROL ON THESE III Wl; ELEVATIONS ARE BASED ON THE NORTH 11111 ; AMERICAN VERTICAL DATUM OF 1988(NAVD 88) AND ARE REFERENCED TO CITY OF VIRGINIA ►� BEACH SURVEY CONTROL DISK AT STATION eill ��ra��11r�� 4740 1750. • THIS EXHIBIT IS INTENDED FOR AN IENCROACHMENT REQUEST ONLY. I IEXISTING ALUMINUM 1 / RAILING WITH • GLASS INFILL TO BE t 1- RELOCATED F'N o NEW PATIO EXTENSION: N EIFS CLADDING ON STEEL TUBE '9 STRUCTURE )r1 I TOP OF PATIO DECK "I 1 3 I•g yiI I --1-- EL.=32.7 AFF 4 III 48 II 2-0" 2'-10" 4' II I ! III 4'-10" 4. II I •. ILI_ .4 4, hi 4 h .4 III ' EXISTING METAL 4 SIGNAGE II i' LINE OF R.O.W. N l) ? ? i111v I III ZIO III N III •p I III I 1 N III W I II I II 1 o I II IM I III Io, I I CO II Z I III. I II I- I II I \ 0TOPOFSLAB 1 I EL.=12.7'AFF II III 0 5 10 15 25 1 COMMERCE ST. PATIO SECTION EX-01.3 SCALE: 3/8"=1'-0" I Q, cKliewer& EXHIBIT EX-01 .3 ,A . ( ,1 II I II Y 111\.I.(.. PROJECT NAME: CANTINA LAREDO SHELL I Y SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE 4 ER, JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO _ ill! 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 A R C R I T E C T I R E BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 3 OF:3 .-i3�IRI;I\I\REAd]RIIL_ER IRR IR�.IRIIRRICH.LIRGL\I1• 1 615 \•.•7,:4114033•=..w�74,010c DRAWING FILE NAME. 21820_01_EX01_3_Encroachment PRINT DATE. 3/8/19 -61) , N VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE-NAD83/93(HARN) GENERAL NOTES COORDINATE VALUES EXPRESSED IN US PROPERTY LINE I SURVEY FEET. THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE EX -' I , BASED UPON ORIGINAL ARCHITECTURAL / DRAWINGS AND ACTUAL FIELD SURVEYS 6 PERFORMED BY VHB,INC IN OCTOBER 2012 / AND SUPPLEMENTED IN MAY 2014. THIS EXHIBIT IS INTENDED FOR AN // I- ENCROACHMENT REQUEST ONLY. a)N D //;:' W Z J A W / oo U 0 1 2 ✓ I / N J O o / W of U Q 0 co cc Z / I ~W 0 w Q Z rn O o0 a_ ►1 N U-12 / to Q a Li_ ¢�mi U F m I ~ I—I—I—I� F- a� z / WZW r 2 m? � UJU.- w i V a H V / ' O CC O 0 PROPOSED PATIO EXTENTION / AREA OF ENCROACHMENT=149 SF 0 Li_ .I( \ 6:3 2'-10"PROPOSED NEW 2'-0" EXISTING PATIO ENCROACHMENT ENCROACHMENT 4'-10"TOTAL ENCROACHMENT N 89°36'00" E 200.26' \ • — — I LEGEND 0 5 10 15 25 50 • PROPERTY ANGLE POINT 1 NEW WORK 2ND LEVEL FLOOR PLAN EX-02.1 SCALE: 1/8"=1'-0" 0 �N1.TH oF A! Cox,Kliewer& EXHIBIT EX-02.1 0�� .41 .5. .111 III Y lI R.I>(.. PROJECT NAME: CANTINA LAREDO SHELL L III F. SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE I i ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 / ill ERC I T E E T l RE BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 1 OF:3 , 2333\'.RCI\IA BE 1, B01:LE\ARII 1 IRGNA BEECH 1IRGINI1•2345E 6T \ ,43i-R>3•E s-I6.E Jo DRAWING FILE NAME: 21820_01_EX02_1_Encroachment PRINT DATE: 3/6/19 w `1RCHIT 6C GENERAL NOTES COORDINATE VALUES EXPRESSED IN US SURVEY FEET. THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD 88) AND ARE REFERENCED TO CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 4740 1750. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. EX 4'9 06 1 TOP OF SLAB-3RD FLOOR ;:f ; EL.=+52.7'AFF IIII4_ II . 1_. TOP OF SLAB-2ND FLOOR/ I 1 - I� },PLAZA LEVEL _ _ _ YY EL.=+32.7'AFF t+ 52'-7"LENGTH OF PATIO ENCROACHMENT / if i` ,ar 63 4 TOP OF S.O.G. \rte EL.=+12.7'(REF.) CENTRAL PARK AVE. 7 81'PUBLIC R/W INST.#200212303086483 PVIIIMMENIMIIMMIMIII 0 5 10 15 25 50 2 CENTRAL PARK AVE. ELEVATION EX-01.2 SCALE: 1/8"=1'-0" ta,TH of Cox,Kliewer& EXHIBIT EX-02.2 4° �' ( A)I I II),III\-1 1(.- PROJECT NAME: CANTINA LAREDO SHELL I�ja. Y SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE I v, ER, JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO PROJECT NUMBER: 21820.01 DATE 03.04.19 i \ H , H I I E ,. r r R E BY:CMD CHK'D:JDL SCALE: 1/8"=1.-0" SHEET: 2 OF:3 :={i IAI;I\I1 AE1r IIB I_E\1AI \IAt:II\AE\rfLl li�:L\1•'311��6ti c,.•-:-4,[.0n•;.,,,.,7'. ... DRAWING FILE NAME 21820_01_EX02_2_Encroachment PRINT DATE 3/6/19 o.,•N n...nn•ry.rmui i4..Nl.v,,a, 1RCHrCEc I GENERAL NOTES • COORDINATE VALUES EXPRESSED IN US SURVEY FEET. 1 THE PROPERTY LINES AND EXISTING 1 CONDITIONS SHOWN ON THIS PLAN ARE I1 BASED UPON ORIGINAL ARCHITECTURAL Ii DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 iiii'' AND SUPPLEMENTED IN MAY 2014. IBP• ,,A THE ELEVATIONSVERTICAL ARECONTROL BASED ONON THETHESE NORTH 1 AMERICAN VERTICAL DATUM OF 1988(NAVD 88) I �� 7,-.,,,,+:-.::,"::•:;3:"'F' AND ARE REFERENCED TO CITY OF VIRGINIA sow BEACH SURVEY CONTROL DISK AT STATION IV______b�___• _I'w-_ _ 4740 1750. �� THIS EXHIBIT IS INTENDED FOR AN ►" — _ ENCROACHMENT REQUEST ONLY. • • I NEW PATIO EXTENSION: EIFS CLADDING ON STEEL TUBE '9 STRUCTURE i in IL "• _� N— _ TOP PATIO DECK fir{ N EL.=+3+32.7'AFF Ji L._ ... . . . •u. _ •k- 2'-0" 2'-0" 2,-10" 4'-10" 11- I 11 ' iII ' Z EXISTING METAL I SIGNAGE ci O p I LINE OF R.O.W. of U tocc io p-H o I I IW v W Y o 1 N - W C/) ..-1,1. 1 111 g CC ap I- I II I o H 1-1-11 I 11 I N LLIW UDU� 111 o Z Q Z 1 III N 1-3Z I 11 II OQO0 I 111 I 11 1 11I. I 11 I 1 I I _ . ki TOP OF SLAB 1 1 EL.=+12.7'REF. 1 0 5 10 15 25 1 CENTRAL PARK AVE. PATIO SECTION EX 02.3 SCALE: 3/8"=1'-0" �y 1'.'LTH op 13111.1111 Cox,Kliewer& EXHIBIT EX-02.3 �� ,� ,� (A)I III 1.111\.I.(.. PROJECT NAME: CANTINA LAREDO SHELL L l■■ 1 V SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE • . T ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO — i� ! 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 ' / R c x I T E T I R E BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 3 OF:3 13311Rt;1111 RE1i:11 Rot-F'3RN 3IR1.F\II RElr H.11io I\II•3F1-0033 ),•.1431-133• ".""7r-4°°3'° DRAWING FILE NAME: 21820_01_EX02_3_Encroachment PRINT DATE 3/8/19 I t 4RCHITE.C'C PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT (this "Agreement"), made this 28th day of March, 2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Grantor", "City"); and TOWN CENTER ASSOCIATES 9, L.L.C., a Virginia limited liability company ("Grantee"). WITNESSETH: WHEREAS, Grantee is the owner of the property more particularly described on Exhibit A attached hereto (the "Grantee Property"); WHEREAS, Grantee desires to construct certain improvements attached to the Grantee Property that include certain structures and improvements which extend beyond the boundaries of the Grantee Property and encroach onto property owned by City being the rights-of-way for Commerce Street and Central Park Avenue (the areas on which the Temporary Encroachments (as defined below) exist shall be referred to herein as the "Encroachment Areas"), which encroachments consists solely of concrete slabs with EIFS cladding on steel tube structure and aluminum railing with glass infill above the slabs (collectively, the "Improvements"), the locations of which are more particularly shown on Exhibit B attached hereto. The Improvements are referred to herein as the "Temporary Encroachments"; WHEREAS, the Grantee desires, and the City has agreed to permit the Grantee, to temporarily construct and maintain the Temporary Encroachments in the Encroachment Areas subject to terms of this Agreement. Grantee Property GPIN: 1477-54-1429-1000 (CITY RIGHT OF WAY—NO GPIN REQUIRED OR ASSIGNED) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee temporary permission to construct, retain and use the Encroachment Areas for the purpose of constructing and maintaining the Temporary Encroachments. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Areas, in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense. 2 It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Areas. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Areas. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments. The Grantee will provide endorsements providing at feast thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of such insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Areas, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of 4 the Temporary Encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Grantee Property, the rights and obligations of the Grantee hereunder shall transfer automatically to the transferee of the Grantee Property, and the transferor of the Grantee Property shall be released from all liability arising from facts or circumstances arising after the date of recordation of the instrument transferring the Grantee Property. IN WITNESS WHEREOF, the Grantee has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this 5 Agreement to be executed in its name and on its behalf by its City Manager, or authorized designee, and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2019, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2019, by AMANDA BARNES, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 7 TOWN CENTER ASSOCIATES 9, L.L.C., a Virginia limited liability company By: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company, MANAGER By: LP3o' 1 Michael P. O'Hara, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ,,,ffiL The foregoing instrument was acknowledged before me this day of I 4 ',i r , 2019, by Michael P. O'Hara, Manager of Armada Hoffler Manager, LLC, a_6 Virginia limited liability company, Manager of Columbus Tower, L.L.C., a Virginia limited liability company, on behalf of the company. r- Notary Public ``Ioliiiiiii,� �00,,e,ROSS�,�,,„ Notary Registration Number: 6/ki, �"�l Gl %.-,,Q.,%:-.. s,°.•''NOTARY•.••y; EXHIBIT A [Description of the Grantor Property] THAT certain condominium unit known as "Retail Unit" in Town Center Condominium 9, located in the City of Virginia Beach, Virginia, and as further designated and described in that certain declaration entitled "DECLARATION OF CONDOMINIUM OF TOWN CENTER CONDOMINIUM 9" and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20170630000554960 (hereinafter referred to as the "Declaration"), together with its applicable undivided interest in certain common elements, all as more particularly described and allocated in the Declaration, as amended from time to time. 9 EXHIBIT B [See Attached Sketches of Temporary Encroachments] S:\Clients\6407\021\Encroachment\Encroachment Agreement.doc 10 (.10"TOTAL PATIO ENCROACHMENT CENTRAL PARK AVE. ze_ , . 'Ir 81'PUBLIC R/W INST.#200212303086483 VIRGINIA STATE PLANE COORDINATE SYSTEM \ \ -mf-----mi---„-- - ". 644 :•'.. L 21Z.06` 1 - • 1 SOUTH ZONE-NAD83/93(HARN) r ....„. ""*"="7". ..-* -1=--Te 1 --.,..t,..--,...--. ..— Ms.INL-__•••.e.M.M /-. - Z Y w 7(---- 11, " ' 0 GENERAL NOTES CC I 1 1 < Q.i f.r • - --1 -,-- 0 COORDINATE VALUES EXPRESSED IN US 1. SURVEY FEET. cc 0 - ' ,,, z 0 LLJ z - 111,01111 1 THE PROPERTY LINES AND EXISTING 0 ILI CONDITIONS SHOWN ON THIS PLAN ARE . '2 ,, - ,- am ,__. ,-... _ _ BASED UPON ORIGINAL ARCHITECTURAL o i_ 7 a DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 -11w BEE2-1 i 1 -- -- - 1 • -. '-'', AND SUPPLEMENTED IN MAY 2014. ' -"R1' ' ' - 1- 1- - - • ---,-; c1) ± THIS EXHIBIT IS INTENDED FOR AN a q . . I-- '41Q -i 01, • , _ . ENCROACHMENT REQUEST ONLY. I . . POL 11 1ST 1, , _ i— • 901. z r • _ _ w 7,, rINICI 8\19 < Od ' I_ , „ ---r- _ FY,111\1:3 09 0 , i.1.1_6:"''*7 1 i iF1 r--1 CA cn Z AN TOWN CENTER ASSOCIATES 9,L.L.C. V' UJ FM' C‘i LU 0 ,0 0 f r., ..., RETAIL UNIT,TOWN CENTER CONDOMINIUM 9 (-) coti P /P Id . ._1 TOWN CENTER BLOCK 9 Q. I "I I GPIN: 1477-54-1429-1000 :P, t4 cc N 0 ' 0 E i z , . , , .. coz ----- _1 C) cTD z '"i'' P • .1— 0[ , _ i 1 1 1 1 i. N3IN ..., 1 1 lio is . , , , .-----r---,-- .0)-S Uak It , I 1 IP "0 f. - IN' , - r 1 t I I IN 1: • I .721 i i. --------i--' PROPOSED PATIO EXTENTION r .I , AREA OF ENCROACHMENT=207 SF WIN , , I meamenumi 1 0111"16-'11M1 _, ' t ' IMMINI 0011 I II — 4_, ID ____ 1 I .4 I. — =--___- li _ — 1 — — — _ _____, _____, _ 0 i • — • — -Th1 .................,....... .. ..t.......... \ • - - - _ — I 1 , , • , ' ' , , • ' 1 1 2'-10"PROPOSED NEW '1' - -I i II-1i ENCROACHMENT I I I 1 1 ' 1 I — ENCROACHMENT 1 1 : 1 I Z-0" EXISTING 1 1 1 1 1 1 I 1 1 1 1 PROPERTY LINE 1 ----------1 1 1 1 , 1 , 1 i i 1 111111 1 , 1 , , 1, I 1 1 1 1 1'1 1 .11 Ii , , 111111 1 1 1 '1, ,, LEGEND 0 5 10 15 25 50 • PROPERTY ANGLE POINT 1 NEW WORK 2ND LEVEL FLOOR PLAN EX-01.1 SCALE: 1/8"=1'-0" p,LTH op el ,C5.t.'14 op Cox,Kliewer& EXHIBIT EX-01 .1k.......4, , . Iii -- co..,,...„,PC. PROJECT NAME: CANTINA LAREDO SHELL c, Ire 7 SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE 41 A. O' ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO I 1 f. 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 . / ARCHITECTURE BY:CMD CHK'D:JDL SCALE: 1/8"=V-0" SHEET: 1 OF:3 2533 lIRGINIA BEACH BOULE1ARD \IlitESIl BEACH%RCN%•5352-7615 1ore 75:4314031•E.,..J,75-463413BB DRAWING FILE NAME: 21820_01_EX01_1_Encroachment PRINT DATE: 3/6/19 /v. ....kbeatvm•rywnwing.,41..,.., AlkCHI'VE6 - — — — LINE OF R.O.W. 73'-4"LENGTH OF PATIO ENCROACHMENT / h TOP OF SLAB-3RD FLOOR ��I - - .1.EL.=+52.7'AFF 1 1 - I e Is TOP OF SLAB-2ND FLOOR/ r' 1 PLAZA LEVEL . _L✓IsNEIMriiirlIIIMI EL.=+32.7'AFF y E I w 1'-10"CENTRAL PARK E PATIO ENCROACHMENT �„ - 1 --- — - - - Ls — — 111 �TOP OFS.O.G. - y -- - _J _ EL.=+12.7'(REF.) EXTENT OF NEW WORK` (EXTENT OF NEW WORK • 0 5 10 15 25 50 1 COMMERCE ST. ELEVATION EX-01.2 SCALE: 1/16"=1'—0" GENERAL NOTES LINE OF R.O.W. COORDINATE VALUES EXPRESSED IN US SURVEY FEET. _ TOP OF SLAB-3RD FLOOR THE PROPERTY LINES AND EXISTING EL.=52.7'AFF CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS I PERFORMED BY VHB,INC IN OCTOBER 2012 l AND SUPPLEMENTED IN MAY 2014. IM 1 THE VERTICAL CONTROL ON THESE 2'-0" EXISTING ENCROACHMENT ELEVATIONS ARE BASED ON THE NORTH 1 2'-10'PROPOSED ADDITIONAL AMERICAN VERTICAL DATUM OF 1988(NAVD 88) ENCROACHMENT AND ARE REFERENCED TO CITY OF VIRGINIA a BEACH SURVEY CONTROL DISK AT STATION 4740 1750. -iumm 111 N TOP OF SLAB-2ND FLOOR/ THIS EXHIBIT IS INTENDED FOR AN ' _ PLAZA LEVEL _ - ENCROACHMENT REQUEST ONLY. .n EL.=32.7'AFF Jr N 4'-10"TOTAL N ENCROACHMENT + w T l• b bo 2r, rom ■ z I _ —TOP OF S.O.G. _ 0 5 10 15 25 50 2 CENTRAL PARK AVE. ELEVATION EX-01.2 SCALE: 1/8"=1 -0" 'PLTH Op ,411, ,a EXHIBIT EX-01 .2 0��0 111V-7Comp y Y.G. PROJECT NAME: CANTINA LAREDO SHELL CJ Ii SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE a� ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO 4Ir. 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 . / ARCHITECTURE BY:CMD CHK'D:JDL SCALE: 1/8"=f-0" SHEET: 2 OF:3 2533 VIRGINIA BEACH BOULEVARD VIRGL\IA BEVCH,\IRGINIA•23402.7635 V"rc<7S:u1 33•Ex. r,--60A3Bo DRAWING FILE NAME: 21820_01_EX01_2_Encroachment PRINT DATE: 3/6/19 P 'IRCHITEC GENERAL NOTES COORDINATE VALUES EXPRESSED IN US SURVEY FEET. THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL �i' DRAWINGS AND ACTUAL FIELD SURVEYS � PERFORMED BY VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. THE VERTICAL CONTROL ON THESE NI �!p ELEVATIONS ARE BASED ON THE NORTH 1�1 AMERICAN VERTICAL DATUM OF 1988(NAVD 88) ��' AND ARE REFERENCED TO CITY OF VIRGINIA ►! BEACH SURVEY CONTROL DISK AT STATION s.�.�D.P�2�I».�.q.��i- 4740 1750. 1 THIS EXHIBIT IS INTENDED FOR AN IENCROACHMENT REQUEST ONLY. 1 IEXISTING ALUMINUM RAILING WITH GLASS INFILL TO BE 1 d !- RELOCATED I /p NEW PATIO EFS CLADD NG EXTENSIGN: ON STEEL TU 1 tO STRUCTURE BE . _ m I Y g A► fir �1j {� I �w•� h TOP OF PATIO DECK } I I I I 1 1 I ( f I I I B £ Y EL.=32.7'AFF 111 N- II I - III 2'-0" 2'-10" 411!�. III / A II I :: I,: ': 1L 1_ !; 111 :I I E1- 4' "4: I1 1 EXISTING METAL 41 II I SIGNAGE 4' .1sRl7T;rA f, M'I LINE OF R.O.W. N III 'I ec I III I II I N I III 18 I III 1 N _ III 1 w I II I I II I 0 I III 1 Com') I II I°a1 1 III Z 2 I II I moi, I II I 1.1: I Ii'■ 06,TOP OF SLAB 1 I EL.=12.7'AFF I111 1 0 5 10 15 25 1 COMMERCE ST. PATIO SECTION EX-01.3 SCALE: 3/8"=1'-0" O 'P,LTH Op �� 1.1 Cox,Kliewer& EXHIBIT EX-01 .3 0�� ,� , CoIIIIkUIN:P.C. PROJECT NAME: CANTINA LAREDO SHELL C.) • SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE e` 0. ER, JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO i�y!• 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 / ARCHITECTURE BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 3 OF:3 2511 VIRGINIA BEACH BOULEVARD VIRCL\IA BEACH.\IRCM\•23452-7615 55.55:4,1401•Fxm.1,75:.A63M DRAWING FILE NAME: 21820_01_EX01_3_Encroachment PRINT DATE: 3/6/19 B ...m1i.emn•ry..ywA.hln�® `1 RC N I T EC''C -11a I, li -6-.) , i 1 N VIRGINIA STATE PLANE COORDINATE SYSTEM -' SOUTH ZONE-NAD83/93(HARN) GENERAL NOTES j COORDINATE VALUES EXPRESSED IN US - --i'If SURVEY FEET. PROPERTY LINE I I 1 THE PROPERTY LINES AND EXISTING i CONDITIONS SHOWN ON THIS PLAN ARE Cy BASED UPON ORIGINAL ARCHITECTURAL G/� _ - _ - _ DRAWINGS AND ACTUAL FIELD SURVEYS 6 j PERFORMED BY VHB,INC IN OCTOBER 2012 j i AND SUPPLEMENTED IN MAY 2014. THIS EXHIBIT IS INTENDED FOR AN __ ENCROACHMENT REQUEST ONLY. co co N D W Z_C zb OO 1p J Z W 2 N J a 'o ofO cc lw 2 LE co zI-I- o W0 Q w Y o p 2M C53 4i9 a _,"-OZp�- JO CC O D=U, CO N /- W LD In Is I-F-I- I E-0 a1 z� ' I WZWc W Z C.)--IQ0,- U zZ I I-CC -CT( PROPOSED PATIO EXTENTION AREA OF ENCROACHMENT=149 SF GO ZZ- • 1 \ 1 i ' • 1 2-10"PROPOSED NEW 2'-0" EXISTING PATIO ENCROACHMENT ENCROACHMENT 4'-10"TOTAL ENCROACHMENT N 89°36'00" E 200.26' LEGEND I 0 5 10 15 25 50 • PROPERTY ANGLE POINT 1 NEW WORK 2ND LEVEL FLOOR PLAN EX-02.1 SCALE: 1/8"=1'-0" oPLTH Op A! lCox,xvew & EXHIBIT EX-02.1 0� ,4 � GA111xU1\:Y.G. PROJECT NAME: CANTINA LAREDO SHELL V )�� SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE I ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO PROJECT NUMBER: 21820.01 DATE: 03.04.19 / i � ARCHITECTURE BY:CMD CHK'D:JCL SCALE: 1/8"=1'-0" SHEET: 1 OF:3 2533 VIRGINIA BEACH BOULEVARD V:RCLNU BEACH.VIRGINLI•23452-7615 Viu15341I-0333•E...Nka7.43-6,0 DRAWING FILE NAME: 21820_01_EX02_1_Encroachment PRINT DATE: 3/6/19 I B 1-1?CHITEC GENERAL NOTES COORDINATE VALUES EXPRESSED IN US SURVEY FEET. THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD 88) AND ARE REFERENCED TO CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 4740 1750. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. EX el GO6 ' 1 ice: o 5555; 5;55555; /,: ::l; =g.1.',,,,,,, TOP OF SLAB-3RD FLOOR _ 555'5555555555555555555=IM EL.=+52.7'AFF Viz: _- �_:_ �_ _ I III II L-FL-717: 1_ - TOP SLAB-2ND FLOOR/ A. PLA - - .11_______I y�.- PLAZA . , -- _J--LEVEL - T EL.=+32.7'AFF - - uM7 ) • ! 52-7"LENGTH OF PATO ENCROACHMENT ..L' i I 2'1 + I L Y I_ a it ! ! Il 1,___i,am ul 4,TOP OF S.O.G. _ \ g EL.=+12.7'(REF.) CENTRAL PARK AVE. 81'PUBLIC R/W INST.#200212303086483 0 5 10 15 25 50 2 CENTRAL PARK AVE. ELEVATION EX-01.2 SCALE: 1/8"=1'-0" �NLTH Op A! 41.1 CoX,r ewer& EXHIBIT EX-02.2 / ,A Co111p ll1);1.C. PROJECT NAME: CANTINA LAREDO SHELL CJ 1�r. SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE 4 ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO j 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 / i �1 ARCHITECTURE BY:CMD CHK'D:JOL SCALE: 1/8"=1'-0" SHEET: 2 OF:3 ' • 2533 1 IRGINIA BEACH BOULEVARD 1IRGLXnBEACH.AIAGL1i A•234i2-7435 ‘'''''7"11-0,33•Ex..>d'rsr-063Il38B DRAWING FILE NAME: 21820_01_EX02_2_Encroachment PRINT DATE: 3/6/19 B ...®Li.v.nn.I.wme+FnBl..mm 'IkCHITtiC I GENERAL NOTES I COORDINATE VALUES EXPRESSED IN US SURVEY FEET. I THE PROPERTY LINES AND EXISTING RCONDITIONS SHOWN ON THIS PLAN ARE 1 BASED UPON ORIGINAL ARCHITECTURAL 11 DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 I MIM AND SUPPLEMENTED IN MAY 2014. AM N M • THE VERTICAL CONTROL ON THESE �� ELEVATIONS ARE BASED ON THE NORTH I �PN AMERICAN VERTICAL DATUM OF 1988(NAVD 88) �NAND ARE REFERENCED TO CITY OF VIRGINIA .•�.. , ,•.•,•••, ,�� BEACH SURVEY CONTROL DISK AT STATION r 41._____. ... 1 4740 1750. r THIS EXHIBIT IS INTENDED FOR AN � ENCROACHMENT REQUEST ONLY. 1 1 NEW PATIO EXTENSION: EIFS CLADDING 1 ON STEEL TUBE `O STRUCTURE 1 '1 B _r h B� Y TOP OF PATIO DECK T � t I EL.=+32.T AFF DDD I q 2'-0" 2'-10" 11 / 1 II 4'-10" II ll_ it.. J II it 1IIESNG METAL 0.0. • qL o;OU I r LINE OF R.O.W. a ww ib I—I— 00 1 N UW Y� 11 N CO O V U 1 1 I TnZQN IW <0°D— I III 1,pp ¢F-¢i I III_ 0 1-1-I- I I II 1 a U j V v I III I Z�Z III ITn OWOQ- I III B-¢I•-0 I III I 11 111 111- I - J.TOPOFSLAB 1 I Y EL.=+12.7'REF. 11 11 0 5 10 15 25 1 CENTRAL PARK AVE. PATIO SECTION EX-02.3 SCALE: 3/8"=1'—0" 0 NI,TH Op �� 11 Cox,KIIOWCT& EXHIBIT EX-02.3 04- ,� 5.COIIIr. IJL l 1),P.C PROJECT NAME: CANTINA LAREDO SHELL C./ SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE I O' ER, JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIOaili! 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 / ARCHITECTURE BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 3 OF:3 2533 VIRGINIA BEACH BOULEVARD VIRGL\IA BEICH.VIRGN 1•23432.7615 w..S74314E33•,....k 3,4"10 DRAWING FILE NAME: 21820_01_EX02_3_Encroachment PRINT DATE: 3/6/19 'B 'IkCHITE0 113 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, 4 SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. (X) Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: p J0``C WOR4-S NO CHANGES AS OF DATE: V/'6 '7 / REVISIONS SUBMITTED DATE: /// eG�?� C/ JAN 282019 •P��t EST Pj� em,of Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Town Center Associates 9, L.L.C. Member: Armada Hoffler, L.P.* Manager: Armada Hoffler Manager, LLC* *see attached (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I I Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) • (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. \/13citio Virginia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 6' SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑X Accounting and/or preparer of your tax return X I I Architect/ Landscape Architect / Cox, Kliewer& Company, P.C. f I Land Planner Contract Purchaser (if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Tenant: Sanjay Patel d/b/a Cantina I\ I5 (�1 purchaser of the subject property Laredo V\I ` (identify purchaser(s) and purchaser's service providers) Construction Contractors AHP Construction, LLC Engineers / Surveyors vhb The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach Financing (include current Bank of America, N.A. mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Faggert& Frieden. P.C. Real Estate Brokers / Agents for Divans Real Estate, Inc. lnl current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have � an interest in the subject land or any proposed development Inl contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. See Attached APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. APPLICANT'S NAME: Town Center Associates 9, L.L.C. Manager: Armada Hoffler Manager, LLC Sole Member: Armada Hoffler, L.P. APPLICANT'S MANAGER: Name: Armada Hoffler Manager, LLC Managers: Louis S. Haddad Michael P. O'Hara Sole Member: Armada Hoffler, L.P. APPLICANT'S SOLE MEMBER: Name: Armada Hoffler, L.P. [the "Operating Partnership" for the REIT*) General Partner: The REIT* Limited Partners: The REIT* which has the controlling interest in the Operating Partnership. There are multiple other fluctuating minority limited partner investors in the Operating Partnership. THE REIT*: Name: Armada Hoffler Properties, Inc. Executive Officers: Daniel A. Hoffler—Executive Chairman of the Board A. Russell Kirk—Vice Chairman of the Board Authorized Officers:Louis S. Haddad—President & CEO Michael P. O'Hara—CFO, Secretary & Treasurer Affiliates/Subsidiaries: The Operating Partnership has numerous affiliates/subsidiaries unrelated to the subject matter of the Application in which it is the sole owner or has a controlling interest. *The REIT is a publicly traded company. S,\Clients\6407\021\Encroachment\Disclosure Statement Attachment-v2.docx 1 TOWN CENTER ASSOCIATES 9, L.L.C., a Virginia limited liability company BY: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company Its Manager By: Louis S. Haddad, Manager Date: Januarye?5 2019 S:\Clients\6407\02I\Encroachment\Disclosure Statement-Signature Page.docx 71:+milow I I . __ _ I 80 tlaiN30 NM0.1 j gi .....N. .00, 01••... .•• ••MMEIIMMIIMIIIIM.... ••••!mmwmInpniMmIMIIIMMIalmmill........ill 1e•••• Mai ..: tii 41 ‘.3 Lu 1-- , co cca- tua 1:ziii %lc) pi 2 Zzet0 -7 o z 4-1 , OwoCnt. g 8 m Z 4 = 4 .- 0 1.) 0 Ce z a 0 1 , (..) 04 1U — 8 % (I., i cy z 0 .......-......,.-..........-, of .) I" Z ° 0 I s- CLI 4-1 LLI Z C 3AV N?:Pid 1V1:11N33 3 CIJ 0 k 0 i • C I * L 0 1— •• 4., 1 . I ctaa L. . , 1 k.... , 4.. 0 is 13NtIVIN .I.S.1.3)INVIAI W 0 M 1 17 - . , W , -1: Ce , , I 4-, . C :i W ,,,,)‘•, • -, • ,•---, , t- ini ,, • ., ,o,.,ii ,ct . u) t -•‘ -;---:, 7. >- k 1 co - , 0) 0 r.,,,, -'-''- 1;7 R . il:-10, ' •i n N 11J .... J st O• 0 v- 0 g u ,, •. i 3 ' I. 0 4 k : c I _ ‘0 •,,, r_ ,, I _:.. -, 1 LU \, AI. ".. .‘ r•'' x ' .0 4.- t I C r• U cl. 0 .. , ,1 0.:, cri fr i ikn,l, /,....i •„,f 1., , I dz„.., , I 0 i • , d 1!..4:.t,',v ., -J t _, 92 ITEM-V-J.6a ORDINANCES/RESOLUTIONS ITEM#69137 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $7,000 from VB Home Now, Inc. to the FY 2018 — 19 Housing and Neighborhood Preservation Operating Budget re assist families to obtain and keep housing Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION OF $7,000 FROM VB HOME NOW, INC. 3 TO THE FY 2018-19 OPERATING BUDGET OF THE 4 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 5 PRESERVATION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $7,000 is hereby accepted and appropriated from VB Home Now, Inc. to the 11 FY 2018-19 Operating Budget of Housing and Neighborhood Preservation, with donation 12 revenue increased accordingly, for efforts to prevent homelessness in the City especially 13 families working with the Housing Resource Center. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of April , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA14728 R-1 April 3, 2019 93 ITEM-V-J.6b ORDINANCES/RESOLUTIONS ITEM#69138 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $375,912 from Virginia Department of Emergency Management re mobilization of Virginia Task Force 2 FEMA Urban Search and Rescue Team for Hurricane Florence Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $375,912 RELATED TO THE MOBILIZATION OF THE 3 VIRGINIA TASK FORCE 2 FEMA URBAN SEARCH 4 AND RESCUE TEAM FOR HURRICANE FLORENCE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That$375,912 from the Virginia Department of Emergency Management is hereby 10 accepted and appropriated, with State revenue increased accordingly, to the Fire 11 Department's FY 2018-19 Operating Budget for costs associated with the Hurricane 12 Florence mobilization of the Virginia Task Force 2 Urban Search and Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of April , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l Budget and Management Services City Attorney's Office CA14730 R-1 April 4, 2019 94 ITEM-V-J.7 ORDINANCES/RESOLUTIONS ITEM#69139 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $171,705 to the FY2018-19 Fire Department Operating Budget re purchase of replacement protective apparel and breathing apparatus equipment Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 1 AN ORDINANCE TO APPROPRIATE $171,705 TO 2 THE FIRE DEPARTMENT FOR PROTECTIVE 3 APPAREL AND BREATHING EQUIPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $171,705 is hereby appropriated to the FY 2018-19 Operating Budget of the 9 Fire Department, with insurance revenue increased accordingly, for the purchase of 10 replacement protective apparel and breathing apparatus equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of April , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /10 ,�(1, f ? ?�Uk-CC1 Budget and Management Services City- rrfey's Office CA14729 R-1 April 4, 2019 95 ITEM—V-K 1 PLANNING ITEM#69140 The following registered to speak: Eddie Bourdon,Attorney for Applicant, spoke in SUPPORT Tammie Mullins-Rice, 1010 Barnacle Court, Phone: 630-7097, spoke in OPPOSITION Dennis Gregory, spoke in OPPOSITION Chasta Mangum, 6208 Sunnyside Drive, spoke in OPPOSITION Cheryl Snowden, 548 Mango Drive, Phone: 679-7930, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED, AS PROFFERED, Application of CLEAR CREEK HOLDINGS, LLC for a Conditional Change of Zoning from R-10 Residential &I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6—BEACH(Deferred from February 5, 2019, February 19, 2019 and April 2, 2019) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CLEAR CREEK HOLDINGS,LLC for a Conditional Change of Zoning from R-10 Residential&I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three(3) buildings for industrial office/warehouse units (GPIN 2417417724)DISTRICT 6— BEACH The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16th day of April Two Thousand Nineteen. Voting: 4-3 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, and Vice Mayor James L. Wood Council Members Voting Nay: Aaron R. Rouse, Rosemary Wilson, and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 IME • . , T ' INIMI WM .1 MEW. C IT iP.ril ralkil; "66 0 ) L-_,I . ftninua c et( ,----__g__ da. m(X Wile I-111 th iNI ...., MN woe sr NIL 0 Mr r -.4:or m LW. 0 g C pm ..- . ca toia CC ' CJ 0 tie 1.0 . Legg Axo f --;C1/7 0 I_ Ji 11111 ! --,41- mi a ..,_.c.„, 0 D ‘itt Wri , 7 -<, 1 Air -------- "sat 444 siloss 4c-_,_,T '-'1 07 101101.. ,__ __- -------Itcy--- --z7'77-----21---711---------- in raft t II ....... ___-- -------- ----titte --------- (1\.0, . 0 - . ..- III .,.--- _ , ..,,.„- _...•... ,1 --------- - ,_-_, --: _ .__-_. ,. ..- 17 1 • - cet. i so Of 0 D q 0 cq 0 pi 1 c iv- C5:I 10 III CD ge-\r" Eli IX •c CI a) Ca cp ci -0----- L , L?--1 i------- CD ti o IC44---- ---- - 96 ITEM—V-K.2 PLANNING ITEM#69141 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED, AS PROFFERED, BY CONSENT, Application of PRINCESS ANNE HOTEL, LLC and CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business to Conditional B- 4 Mixed Use at the northeast corner of Princess Anne Road& Community College Place re construction of hotel DISTRICT 1—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PRINCESS ANNE HOTEL,LLC and CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business to Conditional B-4 Mixed Use at the northeast corner of Princess Anne Road & Community College Place re construction of hotel (GPINs 1485349414, 1485442154)DISTRICT 1 —CENTER VILLE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day of April Two Thousand Nineteen. Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott John D. Moss April 16, 2019 -.....,_,,,d F„I ti B 1 .. ,.. .. . „ ..',.-.- 11. .I . . 11-- . , . . . . . . ., . , . . I . , .. 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I It,„%fi' _ . n. i _ a 's... , 2111tA____*•_. ____,. ,.,,,(..i:, 97 ITEM—V-K.3 PLANNING ITEM#69142 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED, AS CONDITIONED,BY CONSENT,Application of EMMANUEL PROTESTANT EPISCOPAL CHURCH for a Modification of Conditions re child care education center within a religious use at 5181 Singleton Way DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA EMMANUEL PROTESTANT EPISCOPAL CHURCH for a Modification of Conditions re child care education center within a religious use at 5181 Singleton Way (GPINs 1466687935, 1466780944) DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. The conditions of the 2000 Conditional Use Permit (Church expansion for private school) shall remain in effect except to delete the portion of Condition 3 which states that the hours of operation of the school shall be from 9:00 a.m. to 12:00 noon. 2. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office 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 16th day of April, Two Thousand Nineteen. Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 c CCI. yrI ' s ' i i 711 , Q. Tr CO XI -__--_ -- i i r.,.\ _ ___ .=fit. _______- i r . ' -.7._-_--.:- .L1.-7 aill 1 t ,.. ) / 1 I e [ 03 Nith‘.05‘414‘\. :I. S. \ i it .. ii ..,,, /----- , 1 , . f _________14N .. , _ , , LiNN„,.. .„ _ irk or. ' I / ? / ,' 1 0 11:47. \111.0.11,,\ r _,,/ .SF 1 (-12 f f1JJ i /1/ :� : i / / l'',..., Iv i / / // tri, IlL .„.____1 , ,L_____71 7,1 dt4, i L--,--i E'" Er . . , , „, . . , , , --„, .4 / / ..,. ‘ . ,, -,, ,,, lf rti J, /„. ff + , „. - r i ,.., / ,. , ,. \r .., r'r ` /y � lJj „,,- irr \. . 98 ITEM—V-K.4 PLANNING ITEM#69143 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of NORTH LANDING BEACH RV RESORT & COTTAGES/VIRGINIA BEACH,LLC for a Modification of Conditions re construct two (2)community piers at 161 Princess Anne Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NORTH LANDING BEACH RV RESORT& COTTAGES/VIRGINIA BEACH, LLC for a Modification of Conditions re construct two (2) community piers at 161 Princess Anne Road (GPIN 2317412793) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on October 6, 2015, are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the exhibit entitled, "North Landing RV Park, 160 Princess Anne Road, Virginia Beach, VA for RV Management Services— VB, LLC, Proposed Improvements,"prepared by KLO & Associates, dated July 1, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The plant material, at a minimum, shall be installed as depicted on the exhibit entitled, "North Landing Beach RV Resort,sheets L-01 &L-02, "prepared by RV Management Services, dated June 28, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.All other planting and screening requirements shall be met, as per City requirements. 4. When the building and improvements are constructed and installed, they shall be in substantial conformance with the exhibits entitled, "Rendering — Craft & Game Ctr.," "Renderings — Recreations Ctr., "both prepared by Ionic DeZign Studio, the photographs entitled, "Maintenance Storage Buildings," "Refuse Enclosure," "Beach Monitor Shack,"all of which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. The berms along Princess Anne, entrance or signage landscaping and any foundation landscaping for new structures fronting Princess Anne required by the Virginia Beach Code shall be depicted on the final site plan. All plant species shall be approved by the DSC Landscape Architect. 6. All park model trailers shall be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm or wind tide flooding. Evidence of such licensing shall be maintained by the campground and submitted to the Planning Department upon request. 7. The beach monitor shack, as depicted on the exhibit identified in Condition 2 above,shall be a non- permanent structure and shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. April 16, 2019 99 ITEM—V-K4 PLANNING ITEM#69143 (Continued) 8. For safety reasons, lights shall be installed either on or adjacent to the maintenance buildings' access doors so as to provide lighted entries. 9. As it pertains to the new buildings, the campground shall comply with all required fire and safety codes,per City ordinances and site plan review. 10. The pool spa plans shall be submitted to and approved by the Virginia Beach Health Department prior to the issuance of a building permit. 11. Any recreational vehicles stored on the site year-round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law, as determined by the Building Code Official of the City of Virginia Beach. 12. Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50 foot Southern Rivers buffer, the Special Flood Hazard Area, tidal or non-tidal wetlands, and the floodplain mitigation area as required by the 2005 Floodplain Variance and Conditional Use Permit approval, for any permanent or temporary structures shall be prohibited without obtaining all applicable permits from federal, state, and local agencies. 13. Adjacent and parallel to the area depicted as "Scout Area"on the exhibit referenced in Condition #2 above, additional plant material shall be installed in order to create a solid vegetated buffer in the existing treed area adjacent to the southern property line. Said plants shall be approved by the Development Services Center Landscape Architect and depicted on the Landscape Plan to be submitted with the final site plan review. Any dead, dying or diseased plants in this area shall be removed and replanted with a species that will enhance the vegetated buffer. 14. The proposed pier at the Southern end of the beach shall be approved by the Wetlands Board prior to the issuance of a building permit. 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 16`h day of April, Two Thousand Nineteen. Voting: 7-0 Council Members Voting Aye: Mayor Robert M Dyer, Barbara M Henley, Louis R.Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott John D. Moss April 16, 2019 II• I I l f`1 }--4419 '' .• 1 ilik .- fr i;; l (--, I.\ I ,.:7---.--''' ,..:'r-:; ' . .::: \ y` 5': s. ig Sol hill. 13 C5 .4 714 lks, .t e 11111111%\„_ ....„. 4. ih.s.. t. , .„,,,,iik N.. .,.• %N, b.. ,, - <r� 1 (6.9\.(17 6 co 100 ITEM—V-K.5 PLANNING ITEM#69144 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED,AS CONDITIONED,BY CONSENT,Application of B& W TATTOOING,LLC and CAPITAL FINANCE, INC.for a Conditional Use Permit re tattoo parlor at 172 South Plaza Trail,Suite F DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA B & W TATTOOING, LLC and CAPITAL FINANCE, INC. for a Conditional Use Permit re tattoo parlor at 172 South Plaza Trail, Suite F (GPIN 1474534410) COUNCIL DISTRICT 6-BEACH 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 application of tattoos 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 establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon,electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Building signage designed to be a "box sign"and signage for windows shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 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 16t day of April, Two Thousand Nineteen. Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M Henley, Louis R.Jones,Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 -----\ N .. C---- ., ..-------- . , . -----3- .--•----- ---- ,. \ • \\\,. \ IIMI-- \ _•--- _- --- 4 Csi .....„---- 1 ___t ,_..__-- __--- \ ., ,- __--• ...,....._____ _,....„--------w _-- --- %"----- . C-- 1---\-) \ \ _ ____ .._.---------- 94\9°' ..._ \ ., \ ___-- \ \ ._•_---- • to. _ _ _- ... _ ._. ..,_ ..., -- --N '`• I /4 \ \ \\\\\\\ 1 \ \ 00 Ce \ Ir. \ N N I:., 1 1 \ ill, ui-f------ \ -1,...__......,----"A A_ ____ _... ic , i , ..----(0 „...,.....„\., ,___,---- v.. _____......, \ k I • 1 I 1 t; t .."'- \i,t,,.410:,.1' . '\',,..4R . -4.• . 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I 117 •. II .• 101 ITEM—V-K.6 PLANNING ITEM#69145 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED,AS CONDITIONED,BY CONSENT,Application of NORFOLK VIRGINIA BEACH AIRPORT,INC.for a Conditional Use Permit re bulk storage yard at the vacant parcel on the west side of Miller Store Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NORFOLK VIRGINIA BEACH AIRPORT,INC.for a Conditional Use Permit re bulk storage yard at the vacant parcel on the west side of Miller Store Road(GPIN 1459725907)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The location of the Bulk Storage Yard shall be limited to the area depicted on the proposed site layout entitled, "Conceptual Site Layout & Landscape Plan of Bulk Storage Yard, Miller Store Road, Virginia Beach Virginia," dated December 12, 2018, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. Neither the six-foot solid fence nor the storage of any materials or vehicles shall occur within any public utility easements on the site. 3. Storage containers shall not be stacked. 4. No hazardous materials shall be stored on the site. 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 16`h day of April, Two Thousand Nineteen. Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones,Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott John D. Moss April 16, 2019 ca 1 - = [ 1 1 l f /.73.--t... '.,. - ---- ^-,,,,I/ -L.'s.s7 •4. --,/".1N-'''''''-,,,,,.," , --. . ' � -•-s. .--A,- cs,/,, ,, ZI''''',-„,,‘ .---„. ss''''‘....N4S.N,,,,..., -, -. .6.,,,e4, //y2 r R i f L-`+.- 102 ITEM—V-K.7 PLANNING ITEM#69146 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED, AS CONDITIONED,BY CONSENT,Application of B&L INVESTMENT GROUP,LLC for a Conditional Use Permit re motor vehicle sales at 202 South Newtown Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA B & L INVESTMENT GROUP, LLC for a Conditional Use Permit re motor vehicle sales at 202 South Newtown Road (GPIN 1459725907) DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. As the use is not specifically consistent with the vision of the Newtown Strategic Growth Area Plan, the Conditional Use Permit shall be limited to ten (10)years from the date of City Council approval. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan found on page six (6) of the report entitled, "Conditional Land Use Exhibit Car Dealership, 202 South Newtown Road Virginia Beach, VA, Prepared by Synerton Engineering, dated February 9, 2019, Sheet 1 of 2," which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. Prior to the proposed future expansion(display area/building additions)depicted on the concept plan identified in Condition 1, a Modification of Conditions shall be required. 4. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 5. The parking lot shall be restriped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 6. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Plan shall include, but not be limited to, screening and buffering, display area landscaping, and streetscape plantings as referenced in the Staff report and as depicted on the concept plan referenced in Condition 2 above. 7. There shall be no storage of tires, merchandise or debris of any kind outside of the building. 8. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 9. There shall be no auto repair or service on the site. 10. There shall be no outside audio speakers for any purpose. April 16, 2019 103 ITEM—V-K.7 PLANNING ITEM#69146 (Continued) 11. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 12. The building sign mounted on the front of the structure shall not be a "box sign"and shall be non- illuminated and in substantial conformance with the exhibit depicted on page seven (7) of the Staff report. No additional building signage shall be permitted. 13. Any freestanding sign shall be a monument-style freestanding sign with a brick base, as depicted on page seven (7) of the report, with the exception that the sign shall be no taller than six feet in height measured from the ground to the top of the sign. 14. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees or fences or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 15. 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.No window signage shall be permitted. 16. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 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 16th day of April, Two Thousand Nineteen. Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 .N, ! i \ .` _____-__./--� ' | -'---` �` -- __- -- ` � 7--` `. ` . ..��' ```. `` | 104 ITEM—V-K8 PLANNING ITEM#69147 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of PLEASURE HOUSE BREWING, LLC and WEATHERSBY PROPERTIES for Conditional Use Permits re craft brewery& open-air market at 2032 Pleasure House Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PLEASURE HOUSE BREWING, LLC and WEATHERSBY PROPERTIES for Conditional Use Permits re craft brewery& open-air market at 2032 Pleasure House Road (GPIN 1459725907) DISTRICT 4 —BAYSIDE The following conditions shall be required: 1. The location of the Bulk Storage Yard shall be limited to the area depicted on the proposed site layout entitled, "Conceptual Site Layout & Landscape Plan of Bulk Storage Yard, Miller Store Road, Virginia Beach Virginia," dated 12/14/2018, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. Neither the six-foot solid fence nor the storage of any materials or vehicles shall occur within any public utility easements on the site. 3. Storage containers shall not be stacked. 4. No hazardous materials shall be stored on the site. 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 16`h day of April, Two Thousand Nineteen. Voting: 7-0 Council Members Voting Aye: Mayor Robert M:Dyer, Barbara M Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott John D. Moss April 16, 2019 C 0 r____IE, [71] ..11:3 LI 13 \F•::: 16 I L-7 L._, / ,: • it r jj L ut 0 1 3Pd ce ff- , 0 LID 0* „si C7 0 7 D „Thi-_ - 0 - r i 'N‘ co/ / cy, CO 11/4 a 11, 0 \ilk it a g? / Peoei 0;5_ •- - flOilains_ 0 . . .... e id re (11 /------- CO L , ---7 * i "re 0 , , i 0 .%. LL3 ci 0 th f 105 ITEM V-L. APPOINTMENTS ITEM#69148 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS. 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY BOARD BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCI. OPEN SPACE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION April 16, 2019 106 ITEM V-L. APPOINTMENTS ITEM#69149 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: LOUIS JONES (Represents City Council Member—Ex Officio) Unexpired thru 4/3/20 And REAPPOINTED: SHARON BROWN Three year term 5/1/19—4/3/22 AUDIT COMMITTEE Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 107 ITEM V-L. APPOINTMENTS ITEM#69150 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: PHILLIP DAVENPORT (Represents:Bayfront Area) Unexpired thru 3/30/20 BAYFRONT ADVISORY BOARD Voting. 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 108 ITEM V-L. APPOINTMENTS ITEM#69151 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: NANCY BLOOM (Represents City Council Designee) Unexpired thru 3/31/21 AMANDA CATON (Represents Health Department) Unexpired thru 1/31/20 COMMUNITY POLICY AND MANAGEMENT TEAM Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 109 ITEM V-L APPOINTMENTS ITEM#69152 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MARY GRAESSLE (Employee Relations Manager) No Term DEFERRED COMPENSATION BOARD Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 110 ITEM V-L APPOINTMENTS ITEM#69153 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MAYOR ROBERT M. DYER No Term HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 111 ITEM V-L APPOINTMENTS ITEM#69154 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: PATRICK KANE Unexpired Term Thru 12/31/20 HISTORIC PRESERVATION COMMISSION Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 112 ITEM V-L APPOINTMENTS ITEM#69155 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: KELVIN ARTHUR HARSHAD BAROT ED HOPPER OLGA TORRES Two year term 6/1/19—5/31/21 MINORITY BUSINESS COUNCIL Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott John D. Moss April 16, 2019 113 ITEM V-L APPOINTMENTS ITEM#69156 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: MAURY HILL HAROLD MILLETT THOMAS JOHNSON JOSEPH WALTON Three year term 6/1/19—5/31/22 OPEN SPACE ADVISORY COMMITTEE Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 114 ITEM V-L APPOINTMENTS ITEM#69157 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: CHRISTOPHER HUTCHESON Unexpired Term Thru 8/31/19 Plus our year term 9/1/19—8/31/23 PUBLIC LIBRARY BOARD Voting: 7-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott John D. Moss April 16, 2019 115 ADJOURNMENT ITEM#69158 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 7:31 P.M. ' - ill Chelius Chief Deputy City Clerk AraStda Barnes MMC Robert M Dyer City Clerk Mayor City of Virginia Beach Virginia April 16, 2019