HomeMy WebLinkAboutAUGUST 6, 2019 FORMAL SESSION MINUTES r. WSJ
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**41 i l��eE✓„OF OUR:e.ea
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 6, 2019
Mayor Robert M. Dyer called to order the CITY COUNCIL'S BRIEFING in in the City Council
Conference Room, Tuesday, August 6, 2019, at 2:00 P.M
Mayor Dyer requested a moment of silence in honor of the mass shooting victims in El Paso, Texas and
Dayton, Ohio.
Council Members Present:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
*The City Council briefing re Potential November 2020 Flooding Projects Bond Referendum, was
delayed as Council Member Moss was running late.
2
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR UPDATE
ITEM#69442
2:03 P.M.
Mayor Dyer welcomed Chief James A. Cervera, Police. Chief Cervera expressed his appreciation to City
Council for their continued support:
rc� 2019 Mid-Year Update
,pt
1N
"The Virtues of Policing"
August 6, 2019
Chief of Police James A. Cervera
Here is an overview of Part 1 Crime-2019 Year to Date at June 30 with the preliminary clearance rate
of 31.7%:
Part i Crime -2019 Year to Date at June 30
% Total Total % %
Actual Actual Change Clearances Clearances Cleared Cleared
1m. zoi8 zot9 2ot8 2ot9 2o18 2ot9
I omicide' 7 19 171.4% 9 14 128.6% 73-7%
I',pe 55 _ 6o 9.1% 38 43 69.1% 71.7%
r obbery 95 98 3.2% 59 63 62.1% 64.3%
vated Assaults 167 125 -25.1% 126 107 75.4% 85.6%
o:e^. 324 302 ! -6.8°, 232 I 227 71.6% 75.2%
Burglary 247 245 -o.8% 72 71 29.1% 29.0%
Larceny 3,151 3,258 3.4% 874 906 27.7% 27.8%
Motor Vehicle Theft 219 _ 243 11.0% 54 73 24.7% 40.0%
Arson 16 14 -12.5% 12 9 75.0- a4.3%
Pro.•rt 3,633 3,760 3.5% 1,012 1,059 27.9% 28.2%
otal 3,957 4,062 2.7% 1,244 1,286 31.4% 31.7%
August 6, 2019
3
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR UPDATE
ITEM#69442
(Continued)
There have been 243 Motor Vehicle Thefts:
MOTOR VEHICLE THEFTS
Remember...
243 TO
��Lock It up KEEP I . II
148 or 61% stated that a key was 'r ,? 9-o QY•" Y� I
Y T. . IP ME
in the vehicle or the vehicle was 1
1 :)".,1
6aa ts�lWll.alY tati
� p T; •W I r6 �.6ryr
unlocked Q -��_, ': ►, NO
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Here is an overview of Arrest/Charges and Traffic Summonses from January 1, 2019-June 30, 2019:
Arrest/Charges and Traffic Summonses
January a, 2019 -June 3o, 2019
Oceanfront Citywide
Felony Charges 171 6.2% 330 11.0% Felony Charges 2,271 7.7% 4,041 10.4%
Misdemeanor Charges iN 46.0% 1,334 0.2% MHy.eany,Merges 6.1N 27.1% 12.142 21.2%
Tra0le Summonses ones 661 44.8% 1y00 NA% TraRH Sammons tj 6/.7% yiia a,2%
1.020 2,70 20A42 36,717
Virginia Ranh 024 WA% 1,337 04% Virginia 400 20,747 70.4% 26,64 N.6%
Hampton ROW, 476 24.6% 713 26.6% Roads 1,260 21.3% 1,7N ma%
,n Vaot Hampton Roads 226 12.1% 31$ 114% h Roads 067 Le% 1,06 2.6%
Other 206 14.7% 20 14.1% Otis 1,60 1.2% 1139 6.0%
1,020 2,70 20µ7 20,717
au .1=n
White 1.162 00.2% 1,611 0A% Mete 17,131 18.1% 21.02 666%
$1400 70 0.7% 1.070 20.7% 100 10.07 36.6% 14.761 20.1%
amn 26 1.3% N 1.3% Asian w 2.3% 612 26%
Indian 2 0.1% 2 0.0% Indian 16 0.0% 16 0.0%
Hisoardo 24 1.2% 31 1.1% Mom* ON 2.7% 1.006 2.6%
131400*n 7 0.3% 0 0.2% thrtnawn 20 0.6% 220 0.4%
1,029 2.70 26,40 11,717
August 6, 2019
4
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR UPDATE
ITEM#69442
(Continued)
396 guns have been collected this year with 23 collected for "safekeeping":
y+,_ imko
396 Guns Collected inYTD 6/30/i9:
For safekeeping P 9 -
3
allir qint All other reasons -373
44 from Oceanfront Study Area
ivir
Jo
Here is an overview of Citizen Contacts made in the past six months:
301
129,339 Use of Force Incidents
0.233%
Citizen 2b
Contacts Citizen Complaints
411 Citizen Complaints
for Use of Force
0.0008%
at6/30/2O19 6
August 6, 2019
5
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR UPDATE
ITEM#69442
(Continued)
Eight(8)subjects with weapons were apprehended without incident:
WITHOUT
INCIDENT4 ;
8 '1
Subject with a handgun in hand—3 44 r
Firearm nearby or on their person—I
Subject with a knife in hand-1
Other*-3
*Subject reported to have a weapon or threatened that they had a weapon on them during encounter
Total weapon law violation charges-338
at 6/3o/2ot9 7
The Crisis Intervention Team (CIT)responded to 1,723 incidents this year:
Crisis Intervention Team
Police Human
Department/Public Services
Individual/ Safety Mental
y Health
Famil CITE Facility
Veterans
Administration
YTD 2olq- 1,723 CIT Incidents,Average Call Time 2 Hours,47 Minutes
Note CIT call types include t'.ri,,Intervention Eent,Mental,Temporary Retention Order,EmergencyCustody Order,and Suicide Attempt.Includes all division.Created 7/11/rn
8
August 6, 2019
6
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR UPDATE
ITEM#69442
(Continued)
Here is an overview of Mobile Co-Response Team Final Disposition from 11/6/18—6/14/19(377
Incidents):
MOBILE CO-RESPONSE TEAM FINAL DISPOSITION
11/6/18 —6/14/19 (377 INCIDENTS)
Unable to Locate
Temporary Detention Orders(TDOs)
Refused Services
Ref to Voluntary Inpatient
Ref to PATH
Ref To Private Provider incl Safety Support Plan(SSP)
Ref to Outpatient/Same Day Access incl SSP
Ref to ID/REACH g
Ref to Emergency Department 34
Ref to Housing Resource Center Inc]SSP 1
Medical Admission 2
Emergency Custody Orders(ECOs) 51
Crisis Stabilization 4
Community Based Crisis Stabilization I
Cleared on Scene 25
Cleared before Arrival i
Arrests 6
Here is an overview of Select Offenses between years 2008—2018. Offenses are down 16.7%since 2008:
Virginia Beach Police Department
Select Offenses Years 2008-2018
Zone 3261
Offense Description 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Total
ARSON 3 o i7 i 6 3 1 3 0
ASSAULT,AGGRAVATED 21 20 36 30 37 24 24 20 33 28 23 133
ASSAULT,SIMPLE 319 303 301 312 309 315 305 244 216 235 254
BURGLARY 82 138 177 151 99 99 69 66 59 62 41 1,043
FORCIBLE SEXUAL OFFENSES 10 8 4 6 6 10 13 7 6 8 4
LARCENY 275 393 371 301 292 343 307 311 271 358 323 3,545
MOTOR VEHICLE THEFT 58 49 71 44 40 42 31 34 34 43 30 476
MURDER 0 3 0 3 3 0 5 2 3 3 2 24
ROBBERY 42 40 29 33 18 29 22 21 16 27 13 290
WEAPON LAW VIOLATIONS 71 57 47 60 67 71 58 55 70 51 49 656
Total:1,014 1,042121211 840Eli 709iimm
Down 16.7%since 2008
August 6, 2019
7
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR UPDATE
ITEM#69442
(Continued)
Here is a breakdown of the 247 Special Event Permits issued this year:
�Eny,
.'" ` SPECIAL EVENT PERMITS °" .
1st Precinct — 37
/r:� 2nd Precinct — 156
,,,,,,, LIVE L
FAEE ;ra
`srz .FERGUSON
3rd Precinct — 41V t r
F"wE' 4th Precinct — 13 zo19.
�J
LIVE!
cFESTIVAL ON
°''�" 1"` ATLANTIC
35TH ANNUAL JULY 4 5K
Mt.Trashmore Family YMCA
The construction of the 4th Precinct Building will be complete this fall:
4TH PRECINCT BUILDING UPDATE
Li'
_ _ —wEess ie!ii"'
August 6, 2019
8
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR UPDATE
ITEM#69442
(Continued)
Here is the schedule for the Neighborhood Survey:
NEIGHBORHOOD '_'`
SURVEY
Dates k =
• August 24th—Green Run/4th Pct&Pecan Gardens
• August Zest—Manchester Village,The Oaks,Scarborough Square
• September iith—Hill Meadow,Emerald Point/Washington Square,Atlantis Apartments
• September 28th&29th—Lake Edward,Campus East,Northridge
• September 25th is the makeup date
Tonight is National Night Out. This annual event is held to strengthen the bond between community and
law enforcement:
ice e,prAir '" y .
TONIGHT! @ °. . N` 40
C `.
JAC
�o,c,• o
e
National Night Out 2o18
August 6, 2019
k , ,i,444,11 6 I 1:1
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR UPDATE
ITEM#69442
(Continued)
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Mayor Dyer expressed his appreciation to Chief Cervera for the presentation.
August 6, 2019
10
CITY MANAGER'S BRIEFINGS
MOTORIZED SCOOTERS(E-SCOOTERS) UPDATE
ITEM#69443
2:37P.M.
Mayor Dyer welcomed Brian Solis,Assistant to the City Manager for Special Projects. Mr. Solis
expressed his appreciation to City Council for their continued support:
i
Shared Mobility Services
Motorized Scooters
Update ,,. -
City Cc.ici.Ir`o mai Session =-
A,gust 6,2C'9 a' _----
OW
Briar S.So:is,Assistart to the City Marage- Specal Projects
Of
ifie
Here is an overview of today's presentation:
Overview
i. Current Reality and Recent Changes
Existing City Code
Atlantic Avenue Shared Lane-July 9,2019 Change
Presence of Motorized Scooters -
Geofencing -_
t Path Forward
a. Continued due diligence on best practices and lessons learned
b. Stakeholder involvement and community engagement x
c. Franchise permitting process
III Questions and Answers
August 6, 2019
11
CITY MANAGER'S BRIEFINGS
MOTORIZED SCOOTERS(E-SCOOTERS) UPDATE
ITEM#69443
(Continued)
Here are the current City Codes applicable to motorized scooters:
Current Reality - City Code
► 7-6.1 Stickers required on mopeds,motorized skateboards and motorized scooters
► 7-50 Helmets required for riders of bicycles,electric personal assistive mobility
devices,electric power-assisted bicycles,motorized scooters fourteen(14)years of
age or younger
—
► 7-59 regulations pertaining to riding on city sidewalks and bicycle paths other than the -
resort area
I. 7-59.1 regulations pertaining to riding wheeled devices or vehicles in the resort area
ilii ► 7-59.2 regulations pertaining to riding on the beach or boardwalk
FE
r 7-59.3 regulations pertaining to riding wheeled devices or vehicles on the grassy area
or bicycle path adjacent to the boardwalk and oceanfront parks and plazas
Here are pictures taken July 9th of motorized scooters on Atlantic Avenue:
Current Reality July 9th Atlantic Ave.
Change/Presence of Motorized Scooters
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a_
-"Ittialialt." -- - ft:_z.. , ! . _ .
,8
jo
August 6, 2019
12
CITY MANAGER'S BRIEFINGS
MOTORIZED SCOOTERS(E-SCOOTERS) UPDATE
ITEM#69443
(Continued)
Here are images of Geofencing regulatory information provided to motorized scooter users:
Current Reality -Geofencing
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The City is using other municipalities best practices and lessons learned in the decisions to regulate
motorized scooters:
Path Forward - Continued Due Diligence `—
on Best Practices andMir `".
Lessons Learned
(j artingtonva.us �'� _ "'<""'""
ransportation '.se...., ��►.t►Lime -® s •s - -•^^^m
,,t••t 1 Shared Mobility Devices •».• •..,..:...r
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tk.ckless Mobility a..n..w� cm....xe M..M...a _'—"' ~r-�^_
n.city a aamnn•h.w+w.plot mown ..a.•:r.i.. Pq.". ...awn ...t.......—....-,....
b allow Pe onpww b op•le Owed ...."'t"''sa wn''m<.''''".x :.....
moa•tylmen Ouch.Cudew.akaeme and
woolen a.alebleke nine F a.Ply under nine P ,F.edba.k n
mown demrrwenimp•e WIM..•W r.rw..ae.....m.....yo... �:•••' .rr. r -� '�II'�rp ���'
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e
August 6, 2019
13
CITY MANAGER'S BRIEFINGS
MOTORIZED SCOOTERS(E-SCOOTERS) UPDATE
ITEM#69443
(Continued)
Here is an overview of the Path Forward:
Path Forward - Stakeholder Involvement and
Community Engagement
To create constructive dialogue about use of motorized stakeholder
scooters, facilitated discussions are focused around the Involvement
following four questions: and
Community
Engagement \\
1. Where do you think motorized scooters should be Safer
prohibited?
2. Where do you think motorized scooters could and 1 » Shared Use
should be permitted?
Environment /
3. What other measures can motorized scooter ae,n rtnn
companies do to ensure safe rider behavior?
�n nr»�ate
4. What other regulations should the Cityconsider
eg
adopting to ensure safer motorized scooter use?
Path Forward - Franchise Permitting Process!
September-
July-August October 2019
2019 City Code November-
Continued amendments+ December 2019
stakeholder Solicit and Execute
involvement and Accept Franchise Agreement(s)and
Public Input Permit Award Franchise
Survey Applicationls) Licenses -
• • •
August 2019 October- Y-
Development November 2019 k =-'
of Franchise Evaluate
Application Applications and
and Permit Consider
Process Franchise
Agreement(s)
August 6, 2019
14
CITY MANAGER'S BRIEFINGS
MOTORIZED SCOOTERS(E-SCOOTERS) UPDATE
ITEM#69443
(Continued)
Shared Mobility Services
Motorized Scooters
Update
Questions and Answers lap'
Council nfornzl Session z•'
A,gust 6,2019 fity
Mayor Dyer expressed his appreciation to Mr. Solis for the presentation.
August 6, 2019
15
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#69444
3:30 P.M.
Mayor Dyer welcomed William Landfair, Planning Evaluation Coordinator. Mr.Landfair expressed his
appreciation to City Council for their continued support:
• ( er
Virginia Beach
Planning Items
August 6th & August 20th City Council
Meetings
There are five(5)Planning Items scheduled for August 6th:
SUMMARY — August 6th
5 Planning items scheduled for City Council's consideration
1. Rowelma M.McGraw—Bayside District
��
• Conditional Use Permit(Family Day Care Home)
• Recommended for Approval by Planning Commission&Staff )1
vM
2. SK8 House Virginia Beach,LLC—Rose Hall District _ _ -
• Conditional Use Permit(Indoor Recreational Facility)
• Recommended for Approval by Planning Commission&Staff �`•` ' �e'r"'
3. Mishorim Gold VAB,LP—Rose Hall District
• Condtional Use Permit(Indoor Recreational Facility) \ ���:, _
• Recommended for Approval by Planning Commission&Staff ' -
4. MMR Associates,LLC—Princess Anne District
• Modification of Proffers Y
• Recommended for Approval by Planning Comm ssion&Denial
by Staff
5.Josephine P.Parker—Beach District
• Conditional Use Permit(Automobile Repair Garage)
• Modification of Conditions(Bulk Storage Yard)
• Recommended for Approval by Planning Commission&Staff
{
August 6, 2019
16
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
Rowelma M. McGraw Agenda Item
Council District Bayside
Location 5504 Haden Road
i /rti
i..„,j i„...:,,...t. ..s. I "I'-,--- ''--;---'ib''-- 10 L--- -
i ---...e„r� w.. ,:u
Conditional Use Permit(Family Day-Care Home)
Staff recommends Approval
Planning Commission voted 9-0 to recommend Approval
Rowelma M.McGraw
y i • Request for Conditional Use
, Xi Permit for a Family Day-Care
#f,f' �,. Home for up to 12 children in the
r =m. .. Diamond Springs neighborhood
•
i t �.. , '4 • 7,500 square foot parcel has an
enclosed backyard for the
children to safely play outdoors
ter=
Win• • Currently operates a day-care as
=r a matter of right without incident
August 6, 2019
17
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
SK8 House Virginia Beach, LLC Agenda Item
Council District Rose Hall
Location 600 S.Lynnhaven Road,Suite 101 2
B,
a ow
AY('
Conditional Use Permit(Indoor Recreational Facility)
Staff recommends Approval
Planning Commission voted 9-0 to recommend Approval
SKS House Virginia Beach,LLC
9(8IWE
— • Request for a Conditional Use Permit for an Indoor
wrsN.rrw. - Recreation Facility to operate a family entertainment center
- � = •�MIOr1Y�IMs.
a _ .•r�wywwr
.j` • 27,000 square-foot unit in the Lynnhaven North Shopping
9a Center to include a restaurant,a roller skating rink,an
indoor children's jungle gym,and a gaming center
• Both onsite and offsite parking provided,via a • Additional plant material to be installed
recorded shared parking agreement,to meet 135
space requirement
August 6, 2019
18
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
Mishorim Gold VAB, LP Agenda Item
Council District Rose Hall
Location 2720 North Mall Drive,Suite 100 3
113-2
/11 134
S
Conditional Use Permit(Indoor Recreational Facility)
Staff recommends Approval
Planning Commission voted 9-0 to recommend Approval
Mishorim Gold VAB,LP
• Request for Conditional Use Permit for Indoor Recreation Facility with activities such as trampolines,zip
line,trapeze,foam pits,arcade games and an American Ninja-style obstacle course
• No changes to the 41,000 square foot building other than signage
• Additional plant material to be installed
• Parking requirement of 180 spaces met onsite
August 6, 2019
19
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
MMR Associates, LLC Agenda Item
Council District Princess Anne
Location 596 Princess Anne Road 4
AG 2
8 2 r AG-2
ff
5
Modification of Proffers
Staff recommends Denial
Planning Commission voted 9-0 to recommend Approval
MMR Associates,LLC
.. .„. , . .. Mr"
1
OF rfOIIKE x "'
GnraNaoN
5
_ea,- . .. 7:1 , - . .-- .
s NIO�IY� IYm i
• ik-
• 1fSb ..•
ENMlrt IAA
ws�.P'wsr ,T3.3110.3.
e3.3110..P EA,
.f,
N s ,a
• Requesting modification of proffers,as shed will encroach into setback along Morris Neck Road
• 2016 proffered plan depicted a 50'X 100'metal building 20 feet from the Morris Neck Road property line
• Approved site plan depicts shed at 20'setback,but note on cover sheet incorrectly indicates a 0'setback
• Foundation poured at 6.53 feet from right-of-way,rather than the 20 feet required
August 6, 2019
20
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
Josephine P. Parker Agenda Item
Council District Beach
Location 573 Central Drive 5
1
\ v_..........____, ,
.....__ .
: ../e'---'/',00-(' '\,
Conditional Use Permit(Automobile Repair Garage)
Staff recommends Approval
Planning Commission voted 8-0,with 1 abstention,to recommend Approval
Josephine P.Parker
• Proposing CUP for an Automobile Repair
Garage for alternative fuel vehicles and
Modification of Conditions to enlarge a Bulk
__--------------___-- Storage Yard
n Security Fen -"-._._.._..-+._
i a • Request compatible with the AICUZ and
with other industrial/business uses along
'—il eie.INN_ , e. Central Drive and within the Oceans West
' - Industrial Park
• -i • No changes to building or site,with the
Iliil _"-- exception of signage and modifications to
l L®ra fatal
I ilraal I r security fencing
• Additional streetscape landscaping to be
•tre. gt.e° installed along Central Drive
• No changes to existing cell tower
August 6, 2019
21
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
There are eight(8)Planning Items scheduled for August 20th:
SUMMARY — August 20th
8 Planning items scheduled for City Council's consideration
1. David W.Lee and Kimberly B.Lee—Beach District ;.�..'.`"•'`"
• Street Closure
• Recommended for Approval by Planning Commission&Staff W.
: e•Ja ,Ma.
2. John E.&Jennifer K.Alex—Beach District •� .•
• Street Closure '
• Recommended for Approval by Planning Commission&Staff •`
3.KI Kennels,LLC—Princess Anne District
• Conditional Use Permit(Commercial Kennel)
• Recommended for Approval by Planning Commission&Staff :,
4.Town Center Associates—Bayside District
• Alternative Compliance
• Recommended for Approval by Planning Commission&Staff
5.City of Virginia Beach
• Ordinance Amendment-Assembly Uses in Residential Zoning
Districts
• Recommended for Approval by Planning Commission&Staff
“7.
. LL
SUMMARY — August 20th
8 Planning items scheduled for City Council's consideration
6. Draybun Sajo,LLC—Kempsville District f
• Conditional Use Permit(Assembly Use) or..
• Recommended for Approval by Planning Commission&Staff --:,,.•oi.N��yy e•w.r,R.r
FI,e.Kn'� i'
7.Princess Anne Hotel,LLC ;,"•"
• Conditional Use Permit(B-2 Community Business District to 1 c 4-`VC04.1
a�ri.
Conditional B-4 Mixed Use)
`�
• Recommended for Approval by Planning Commission&Staff
8. Anina Budig—Bayside District
• Conditional Rezoning(R-10 Residential District to Conditional \ "-
PD-H2(R-10 Overlay) _
• Recommended for Approval by Planning Commission&Staff
August 6, 2019
22
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
David W. Lee & Kimberly B. Lee Agenda Item
Council District Beach
Location Adjacent to 617 S.Atlantic Avenue
"tcdR1
t k I
R 10
IS
Street Closure
Staff recommends Approval
Planning Commission voted 9-0 to recommend Approval
David W.Lee&Kimberly B.Lee
7 8A S
7.5'x 50'Portion of
:.._ Alley To Be_ closed • Request to close 375 square feet of an unimproved
--e \\ t•,, � alley adjacent to 617 S.Atlantic Avenue in Croatan
• Two street closure applications granted in this block
Right-of-Way Line pp
To Be Vacated since 2000,including property to the west(lot 8A,
zo top of screen)
_W- I '�%"'� I s • Property line to be vacated and area incorporated
"` into the applicant's parcel
• No objections raised by the Viewers or by the
neighborhood
617 S.Atlantic Ave
5.ATLANTIC AVENUE OCT)
August 6, 2019
23
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
John E. &Jennifer K. Alex Agenda Item
Council District Beach
Location Adjacent to 536 Vanderbilt Avenue 2
C
1 '
2
.✓a ( ��.�.+e�ou R10 y
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Street Closure
Staff recommends Approval
Planning Commission voted 9-0 to recommend Approval
John E.&Jennifer K.Alex
TS X Se rmllai of
'II x.r.- May_ _ ar To Be Oaaad ___ -s<:a
ys1ue._ \ \ x _ewer • Request to close 375 square feet of an unimproved
\\L alley adjacent to 536 Vanderbilt Avenue in Croatan
'Crle E YAWED
' • Street closure application granted in 2004 and area
aa a.a�. incorporated into lot to the east(top of screen)
.a L e , m , „< r • Right-of-way line to be vacated and area incorporated
it into the applicant's parcel
SSB VandwNt Are if • No objections raised by the Viewers or by the
"4 ;., 'Na i ° neighborhood
VNC VLTAVEN4E(W WW1
1,"`-..w.I' ur ALLEY .l.. lm sr......)
ADJACENT TO LOT B
N-.YB I CPOATAN BEACH
wa TO BE CLOBEO
August 6, 2019
24
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
KI Kennels, LLC Agenda Item
Council District Princess Anne
Location 6444 Knotts Island Road 3
,,,u). _L___1_, ,--
_ i ^
- AG-2 17,,., T*"" AG..I
s..wru+ f{ '--
Conditional Use Permit(Commercial Kennel)
Staff recommends Approval
Planning Commission voted 9-0 to recommend Approval
KI Kennels,LLC
we.manMw _,.:
1
At _ : _ ,,_,
iv., —
�;4
hl"
i
g • Request for Conditional Use Permit for Commercial Kennel for daycare and
elovernight accommodations for up to 8 dogs
hit
l
i Iih hi, • Dogs kept primarily indoors within an existing 1,000 square foot conditioned
I�CCI [1"'11f t-. building that is both heated and air-conditioned,but not soundproofed
• Nearest dwelling approximately 200 feet from the kennel building
August 6, 2019
25
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
Town Center Associates 9, LLC Agenda Item
Council District Bayside
Location 4556 Commerce Street 4
y ""T ;
i.
, I ....'". j ' 1 ce
...v..... �' t' f ✓: .1... 1J�-
6 .�, sa•„{, �,✓ t �,« ! ;y, we �(`i CB ,L„
Alternative Compliance
Staff recommends Approval
Planning Commission voted 9-0 to recommend Approval
Town Center Associates 9,LLC
• Applicant requesting Alternative Compliance for a multi-
tenant,directional blade sign adjacent to the exterior
stairwell located mid-block along Columbus Street on the
south side of the property
• Sign will direct pedestrians to Town Center's new Public
Terrace and establishments located on the 2nd level
• Request necessary as CBC District sign rules limit:
a, )` o projecting or blade signs to ground story
�� r - r; " establishments
-;: r o a maximum size of nine square feet per face,and
-.4 o signs to portion of a building wall occupied
I _ exclusively by the establishment associated with the
sign
August 6, 2019
26
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
City of Virginia Beach Agenda Item
5
An Ordinance to Add Section 223.02&Amend Section 501 of the City Zoning Ordinance
Pertaining to Assembly Uses in Residential Zoning Districts
CVB-Assembly Uses in Residential Zoning Districts
Purpose of Amendment—Permit an Assembly Use as a conditional use in the R-30 and R-40 Residential
Districts,provided certain conditions are met:
1. Registration of structure on the National,State OR Virginia Beach Historic Registry;
2. All parcels owned by applicant(not including off-site parking arrangements);
3. Minimum site area of three(3)acres;
4. Minimum of 50%of required parking provided on-site;
5. Areas of assembly at least 50 feet from any property line adjacent to residential uses;
6. Outdoor assembly use activity ends by 9:00 p.m.(unless varied in use permit);
7. Unimproved areas for parking stabilized within seven(7)days of event;
B. Any flooding caused by assembly uses corrected at owner's expense;and
9. Outdoor assembly uses limited to Friday,Saturday,Sundays,and National holidays.
August 6, 2019
27
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
Draybun Sajo, LLC Agenda Item
Council District Kempsville
Location 5592 Sajo Farm Road 6
.,,.,
......, .
Z•:=1'4% ,.. • "a'
J r
S` `I Conditional Use Permit(Assembly Use)
Staff recommends Approval
Planning Commission voted 9-0 to recommend Approval
Draybun Sajo,LLC
• 8.10-acre site zoned R-40 Residential District,
developed with a 3,500 square foot single-family
----- dwelling(the"Guest House")
p �ypq WYY ..
_J` _ • Applicant requests a Conditional Use Permit for an
• Assembly Use to operate both an indoor and outdoor
y event venue on the Sajo Farm Guest House property
r,��^ a o No more than 40 outdoor events per calendar year
g•- o Limited to 150 attendees per event
ti`i o o No limit on number of indoor events
o Outdoor events only on a Friday,Saturday,Sunday,
,,• and/or national holidays
� 'j o Outdoor events cease by 9:00 pm
i -s -- `,s o No live band or amplified music
t - I gamer
gammao Limited parking onslte,shuttle provided
i :--'�--- _, _ � o PC added condition to pave entrance drive
d -.., * • Correspondence and speakers appeared in opposition
and support
WU NO
August 6, 2019
28
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
Princess Anne Hotel, LLC Agenda Item
Council District Centerville
Location Northeast corner of Princess Anne Road&Community College Place 7
..
--N, \ - \ _ „ 3
/7, ......._ , --Q _ ,,.. _-__
,_, - , .,,,!. ...
, ...,
.-.,. 7 _ , .., ,
t---1---- t
, 1 .., .
, , „, _ ...?„ ... ,
2 i .....,, i 14,,,..,.,
p ‘
„,„,_, .•„:. ,,,
,..„,
, ....
. `,- ,s E a \, .
eav� CC rasa ,t . ! \
N.
Conditional Rezoning(B-2 Community Business District to Conditional B-4 Mixed Use)
Staff recommends Approval of revised proffer agreement
Princess Anne Hotel,LLC
cc TP ARGELS 'mee owe .,----._._1 1rm'_R nrn r nrm n m i r rrrmtmnl
.r.L r
� /`/�,'�+- `- �— Lam. I /
City Council approved the
!b a k/ rezoning on April 16,2019
%/' r :••x:e '- �� - IY Proffer agreement provided
i ° T • to City Council referenced
PHASE 1 n PHASE 2 . incorrect exhibits
0 !
_ � , �� � �„�� • New vote necessary to
�• : ensure that what is
constructed matches the
correct and updated exhibits
s-r z ¢R6vO5Ep I - pA P. _
_ RESTAURANT <ittgwa I
August 6, 2019
29
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69444
(Continued)
Anina Budig Agenda Item
Council District Bayside
Location 5588 Moores Pond Road
n R ,
ApprNiT RE(UESTS NDEFINITE DEFERRAL
Conditional Rezoning
(R-10 Residential District to Conditional PD-H2(R-10 Overlay)Planned Unit Development)
Staff recommends Approval
Planning Commission voted 8-2,with I Abstention,to recommend Approval
Mayor Dyer expressed his appreciation to Mr. Landfair for the presentation.
August 6, 2019
30
CITY COUNCIL'S BRIEFING
POTENTIAL NOVEMBER 2020 FLOODING PROJECTS BOND REFERENDUM
COUNCIL DISCUSSION
ITEM#69445
3:55P.M.
Council Member Moss opened the discussion and summarized his paper distributed to City Council
concerning a Bond Referendum for Flood Mitigation in 2020, attached hereto and made a part of the
record. Council Member Moss advised in previous discussions, City Council has agreed to actively
consider a Bond Referendum in 2020 using$400-Million as a proposed amount. The case has never been
more compelling in terms of the existential threat and the advantageous market with the low cost of
borrowing money. The Referendum would allow the public to decide if they want to pay for flood mitigation
projects, which would require milestone projects to be identified for public engagement prior to the vote.
Council Member Moss advised it is important for all Council Members to agree to add the Referendum.
Vice Mayor Wood advised it is important to identify the specific projects such as the Bow Creek project
versus general maintenance as the public will want specifics. Otherwise, Vice Mayor Wood is in agreement
in adding a Referendum in 2020.
Council Member Wilson advised there has been both successful and unsuccessful results with Referendums
with lessons for both learned. It will take a lot of planning and needs to be distributed all over the City so
people understand what can be gained. The Light Rail Referendum cost a lot of money and it failed, it is
important to understand why to avoid a similar outcome. Council Member Wilson advised it will take
marketing for this and believes the business community will be supportive; however, there must be a very
good plan put in place first.
Council Member Henley advised she supports a Referendum but specific projects need to be identified.
There are Stormwater and Sea Level Rise projects; however, the Sea Level Rise study is not complete and
without those results, those projects cannot be determined. Work is still being done that will determine the
projects which should be completed. Council Member Henley advised two-thirds of the City is in the
Southern Watershed and yet very little money is dedicated to that area. The concern is that going forward
now without the results of studies underway will result in the Southern Watershed being excluded and she
does not want to see that happen. Council Member Henley advised during the budget process she requested
funding for a Wind-Tide study and she is currently holdingfocus group meetings with three more scheduled
before being complete.
Council Member Abbott advised she believes the Bond Referendum is the right move now so it will be
considered during the Presidential election to have the most public engagement. While the City may not
be ready to identify the projects, she does not believe it can wait four (4) more years until the next
Presidential election. It is important to present it to the public and show how people in each district will
benefit. Council Member Abbott advised due to the timing, she believes the way the money will be spent
can be generalized.
August 6, 2019
31
CITY COUNCIL'S BRIEFING
POTENTIAL NOVEMBER 2020 FLOODING PROJECTS BOND REFERENDUM
COUNCIL DISCUSSION
ITEM#69445
(Continued)
Vice Mayor Wood advised not everyone in the City is impacted by flooding and those that are, are impacted
differently depending on where they live. It is important to show the people who are not impacted by
flooding, how the money will be spent in order to get their support. Vice Mayor Wood agreed now is the
time and the City cannot wait four(4) more years.
Council Member Moss advised this is a multi-generational investment similar to the Lake Gaston project
the City continues to benefit from. Council Member Moss advised it would be helpful to use technology to
provide visualization to citizens so they can see what areas in the City look like before and after flooding
occurs from storms.
Council Member Jones advised he fully supports the Bond Referendum and requested to know from the
City Manager how much time will be needed for him to identify how the money will be spent?
Mr. Hansen advised staff proposed to City Council a fifteen (15)year program with a cost of$1.3-Billion.
If$400-Million was added, it would almost reach the half-way mark. Mr. Hansen advised while the Sea
Level Rise projects have not been identified, the money is necessary now to pay for the internal flood control
projects to withstand flooding events now.
Mayor Dyer advised it is important to all agree in concept to move forward and will identib,projects in a
future discussion. Mayor Dyer advised he is in constant contact with the military leadership who have
expressed they need to see the City take action in order to prevent a future BRAC event as flooding and
mobility is a focal point going forward. Another focus is on Economic Development, businesses will look
at what work is being done to address these problems.
Vice Mayor Wood advised last week he attended a dinner with the Under Secretary of the Navy for facilities
management and discussed the P-4 Program, when he learned there is money set aside for shovel ready
flood control projects off base, where local match is available for areas around the bases.
August 6, 2019
Virginia Beach City Council Member At-large John D. Moss Informal Work In-progress Paper
Tuesday,August 6, 2019
1 Things to Think About on a Bond Referendum for Flood Mitigation
2
3 At our City Council retreat last winter, we collectively without dissent
4 expressed interest in a bond referendum in November of 2020 to
5 facilitate a more aggressive investment strategy in what we identified as
6 our City's number one priority — flooding due to drainage capability and
7 capacity shortfalls today and sea-level rise tomorrow. Since then we
8 discussed this opportunity ever so briefly. If we as body are seriously
9 committed and unanimous in our resolve to offer the voters the choice of
10 more aggressively investing in drainage projects to minimize our
11 flooding risks, we must begin our homework now.
12
13 My purpose of adding the topic of a Bond Referendum in 2020 to more
14 aggressively invest in drainage/flood mitigation projects is to make sure
15 that we did not deny the voters the opportunity to decide how much risk
16 they want to assume. It is not because I believe that it is foregone
17 conclusion that the voters want to reduce flooding risk over the current
18 fifteen plus year approach. Far from it, I believe it will take all of us in
19 unison in our communication to objectively communicate the risk
20 acceptance being imposed by the current plan on which they got no vote.
21 The former will set the baseline upon which the voters will use to assess
22 their decision to act on a more aggressive pace.
23
24 I remain firm in my conviction that our current investment funding
25 profile is too timid. It is insufficient relative to the consequences should
26 we fully experience the existential threat that our vulnerability to
27 flooding no matter the source, extreme rainfall events, tidal flooding,
28 hurricane or sea level rise impacting all three. The former being stated, I
29 will implement without reservation the decision of the voters on a bond
30 referendum ballot question.
Virginia Beach City Council Member At-large John D. Moss Informal Work In-progress Paper
Tuesday,August 6, 2019
31 The ten-year U.S. Treasury note is now under two-percent. The time to
32 borrow money has never been cheaper.
33
34 If we adopt an acquisition strategy to award a ten-year construction
35 contract for multiple projects to a single contractor with the appropriate
36 minority subcontracting, we can get more work accomplished for the
37 same amount of money spread over a longer period of time of multiple
38 contracts. I have previously spoken to the advantages on only one
39 mobilization and demobilization, productivity that goes with a stable
40 workforce leveraging lessons learned, and economic quantity purchasing
41 to name a few. My personal professional experience and discussion with
42 industry confirm it is an executable and practical strategy.
43
44 It will require engagement with the Wall Street markets and bond rating
45 agencies. A more aggressive strategy flooding risk mitigation plan
46 brings greater certainty as to the securing the value of our currently
47 estimated $56 billion assessed property tax base and the transaction
48 revenues that come from the residents that occupy that property. I am
49 confident that measures we take based upon a successful bond
50 referendum with the revenue requirement fully disclosed will be
51 favorably received. Mitigating our flooding risk on a faster timeline, in
52 my judgment, is our highest capital investment priority.
53
54 Yes, we have to use our stormwater model to assist us in making sure
55 that our ten-year program is based on science and not personal bias
56 around the table. The projects, like back in 1986, need to appear on the
57 ballot to lock the money into those projects. Likewise, as the debt is
58 retired the amount of retired debt should also be reserved for future
59 flood mitigation projects.
Virginia Beach City Council Member At-large John D. Moss Informal Work In-progress Paper
Tuesday,August 6, 2019
60
61 An option is a $400 million bond referendum that when adjusted for
62 inflation is less than the Lake Gaston Referendum of$200 million.
63 There is certainly a spectrum of options, but the current interest rate
64 market certainly makes $400 million attractive. Different options for the
65 duration of financing and the amount should also be considered. For
66 example, we could take our traditional approach of level principal
67 payments over twenty years or reduce the duration to level principal
68 payments over ten years, thus, retiring $400 in ten years to support
69 additional investment of$400 million over the next ten years. If the ten-
70 year Treasury note remains favorable, it would create the opportunity to
71 invest $800 million over 20 years versus $400 million with no increase
72 in revenue requirements. The mentioning of these options should not be
73 represented as a proposal by me. The former options are offered as
74 illustrations only to convey the homework we need to accomplish.
75 Homework required, if City Council wants to provide the voters an
76 active voice in deciding the flooding risk they want to accept.
77
78 If there is not yet a consensus to proceed, are there questions that need to
79 be answered in order to secure a decision one way or the other? If yes,
so then what are the questions, who as the lead for each, and on what
s1 timeline on the answers to be forth coming?
82
83 If we are unanimous in our desire to proceed then the next step is
84 constructing a timeline with milestones of the activities that we need to
ss complete in order to get a bond referendum question on the ballot in
86 November 2020. Each of the activities leading to a milestone
87 accomplishment need to be identified and lead action officer identified
ss and prescribed deadline set.
89
Virginia Beach City Council Member At-large John D. Moss Informal Work In-progress Paper
Tuesday,August 6, 2019
90 Of course, a bond referendum is no substitute for the policy changes that
91 we should be considering and their appropriate adoption in parallel with
92 a bond referendum process. Mitigating the risk of flooding is more than
93 just civil engineering projects. Part of a successful bond referendum will
94 the other measures City Council in partnership with residents is
95 executing.
96
97 Time is our most valuable asset. I prepared this as a primer for our
98 session on Tuesday. Given its brevity, I trust the time of transmission is
99 not a major inconvenience.
32
CITY COUNCIL LIAISON REPORTS
ITEM#69446
4:23 P.M.
Council Member Moss advised he and Council Member Wooten will attend the 2040 Vision to Action
Community Coalition meeting on Friday,August 9th at 9:•00 A.M. Council Member Moss advised he would
like to come back to City Council with a Resolution to possibly re-name the Coalition to 2030 versus 2040
along with a paper on the issues to be addressed. The members need guidance from City Council on the
areas they should focus.
Council Member Wooten advised the members would like to have Mayor Dyer attend a future meeting.
August 6, 2019
33
CITY COUNCIL COMMENTS
ITEM#69447
4:45 P.M.
Council Member Abbott advised she drafted a proposed Resolution to address the recent issue raised by
the lady who came before City Council requesting to keep her pet pig. Council Member Abbott advised she
and Council Member Rouse held a Town Hall Meeting for input and there were passionate citizens on both
sides of the issue. Due to the responses, stake holder input, and discussions with animal control and the
Agriculture Department, she would like to wait to propose the Resolution until she can complete more
research.
August 6, 2019
34
CITY COUNCIL COMMENTS
ITEM#69448
(Continued)
Council Member Henley requested information on the format for the up-coming Council Retreat. Mayor
Dyer advised there will be an agenda that will be pre-approved by Council Members.
August 6, 2019
35
CITY COUNCIL COMMENTS
ITEM#69449
(Continued)
Council Member Tower advised the Resort Area Strategic Action Plan continues with the next meeting
scheduled for August 22"d at the Convention Center. Council Member Tower advised he is planning to hold
a Town Hall Meeting at the Law Enforcement Training Academy on September 18t, to discuss e-scooters.
August 6, 2019
36
CITY COUNCIL COMMENTS
ITEM#69450
(Continued)
Council Member Tower advised he and Council Member Rouse went on a tour of Naval Air Station Oceana
with Congresswoman Elaine Luria last week and was fascinated to learn how much land the Navy owns
outside the fence that is not vital to their mission and how much land inside the fence that is regulated.
Council Member Tower advised the base is behind on maintenance and are looking at leasing available
land to help generate funding to complete maintenance back log. Council Member Tower would like to
invite the Commanding Officer to come to City Council to provide a brief
August 6, 2019
37
CITY COUNCIL COMMENTS
ITEM#69451
(Continued)
Council Member Moss advised he has requested the City Attorney to prepare an item for the Legislative
Package to amend the City Charter regarding City Council Member elections; when a current Council
Member runs for another seat, they vacate their current seat. Council Member Moss advised this would
be effective after the next City Council election and would be the same requirement as when a Council
Member runs for Mayor.
August 6, 2019
38
CITY COUNCIL COMMENTS
ITEM#69452
(Continued)
Council Member Moss advised he has requested the City Attorney to discuss with the Commonwealth
Attorney on what the specific deficiencies were in the City's ordinances that precluded prosecution for
elected officials who do not make proper notifications when they move out of the District they were elected
to represent. Council Member Moss advised people should be prosecuted and ambiguities should not allow
people to circumvent the law.
August 6, 2019
39
CITY COUNCIL COMMENTS
ITEM#69453
(Continued)
Council Member Wooten advised she would like to discuss the advertising that took place for the listening
session she requested and held on July 10th. Council Member Wooten advised she read an article after
the meeting which said the meeting was illegal. Council Member Wooten advised there was no intent to
hold an illegal meeting and wanted to allow staff to clarify the notification that went out prior to the
meeting.
Mark Stiles, City Attorney, advised he deeply regrets the Council Members who attended were
characterized as engaging in illegal activity. Mr. Stiles advised the only thing Council Members did was
attend to listen to concerns of employees, there were no votes, deliberations or discussions among them
and to have it characterized by one media outlet is very unfortunate. Mr. Stiles advised he was informed
there were going to be more than three Council Members planning to attend the meeting and he ensured
the meeting was posted on the Meeting Notification Board outside the Freedom of Information Act
(FOIA) Office but accepted responsibility for not ensuring information was passed to have the meeting
posted on the City's website. Mr. Stiles advised he regrets City Council has received criticism for a
mistake he made and promises it will not happen again.
Mr. Stiles advised there are other elements with this issue because with a meeting, Minutes are required
but without enough Council Members present to constitute a quorum, the meeting Minutes can not be
approved. In the past, the Council has been assiduous in ensuring there were no more than two Council
Members present at previous events.
Amanda Barnes, City Clerk, advised she also feels responsible as it is her duty to post City Council
Agendas on the website; however, there was not an Agenda or call for a Special Meeting, she did not post
notification. Per the City Code, there are only three ways to call a meeting: 1 —by the Mayor; 2—three
members of Council; 3—the City Manager. Mrs. Barnes requested guidance from City Council on how
they would prefer the notification be made in the future for a similar meeting.
Council Member Henley advised there is confusion between a City Council function and a City Council
Meeting. There are several events in the past where all City Council have been invited to attend. If it is
as broad as any event where more than two Council Members are in attendance and City affairs are
discussed, than it is too broad.
Mr. Stiles advised if an event is called by someone other than someone from the City, and more than two
Council Members attend then that would be different from this issue of the listening session on July 10`h
hosted by a City representative. Mr. Stiles advised there is some disconnect between the governing laws
and advised in order to call for a Special Meeting, it must be called by the Mayor, three Council
Members or the City Manager.
Mayor Dyer advised City Council lives under the scrutiny of the public eye and wants to ensure things
are done properly in the future and expressed his appreciation to all Council Members for this
discussion.
August 6, 2019
40
CITY COUNCIL COMMENTS
ITEM#69454
(Continued)
Council Member Wooten advised Mr. E. George Minns passed away on July 26`h and distributed a
Resolution to be considered to memorialize his work in the Seatack Community, attached hereto and
made a part of the record. Council Member Wooten asked if any other Council Members would like to
sponsor the Resolution to let her know. This will be considered at a future meeting.
August 6, 2019
Requested by Councilmembers Abbott, Tower and Wooten
1 A RESOLUTION IN MEMORY OF E. GEORGE MINNS
2
3 WHEREAS, E. George Minns was a passionate and zealous advocate for his
4 beloved Seatack Community;
5 WHEREAS, in support of Seatack, he:
6 • Served as President of the Seatack Civic League from 2010 to 2018;
7 • Successfully advocated for a new Seatack Community Recreation Center
8 in 1997 and for the reaming of the center in memory of Joseph V.
9 Grimstead, Sr. in 2011;
10 • Fought to bring municipal sewage treatment to Mt. Zion A.M.E. Church and
11 his community in the 1990s;
12 • Established the Seatack College Scholarship Program in 2011 with the
13 assistance of Bishop Barnett Karl Thoroughgood of New Jerusalem Church;
14 • Established the Annual Seatack Image Award and College Scholarship
15 Gala;
16 • Established the Mr. and Mrs. Seatack Program in 2013;
17 • Successfully advocated in 2013 for Seatack's inclusion in the
18 Congressional Record; and
19 • Established the Seatack Living Black History Maker Gala in 2018; and
20 WHEREAS, his many activities as a civil rights leader include:
21 • Serving as President of the NAACP Virginia Beach branch from 1987 to
22 1997;
23 • Successfully advocating for the establishment of the City's Human Rights
24 Commission and its Minority Business Council;
25 • Establishing the first candidate forum held by the African American
26 community in Virginia Beach;
27 • Defending college students following Greekfest 1989; and
28 • Helping to establish the Black Law Students Association at Regent
29 University; and
30 WHEREAS, George touched the lives of countless members of his community who
31 will forever cherish his memory.
32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH, VIRGINIA:
34 That the City Council hereby honors the memory of E. George Minns and extends
35 condolences to his family, friends and loved ones.
Adopted by the Council of the City of Virginia Beach, Virginia this day of
, 2019.
APPROVED AS TO LEGAL SUFFICIENCY:
Deputy City Attorney Roderick R. Ingram
CA14_/R-1/Aug. 5, 2019
41
AGENDA REVIEW SESSION
ITEM#69455
4:47P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Resolution to RE-AFFIRM the City Council Support re Offshore Wind Energy Development
2. Resolution to SUPPORT Limited Access Modifications re VDOT I-264/Witchduck Road
Interchange& Ramp Extension Project
3. Ordinance to AMEND Section 2-81 of the City Code re Mandatory Retirement Age
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension with
McDonald's Corporation for up to five (5)years for City-Owned Property at 300 21'Street and
305 20`"Street
5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Lease
Agreement with Virginia Beach Golf Management,Inc., re Bow Creek,Kempsville Greens, and
Red Wing Lake Municipal Golf Courses
6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property known as
Lake Joyce at the rear of 4404 Powells Point Road re maintain an existing bulkhead and
construct new timber pier
7. Ordinances to APPROPRIATE:
a. $9,460 from the Regional Reimbursement Revenue to the FY 2019-20 Office of Emergency
Management Operating Budget re disaster training and deployment reimbursements
b. $2,700 from the Fire Department Gift Fund re purchase of grills for Stations 6, 13 and 21
c. $634,540 to the FY 2019-20 Clerk of the Circuit Court Operating Budget re technology
related expenses
d. $240,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue
Fund to the FY 2019-20 Police Department Operating Budget re purchase night vision
devices
8. Ordinances to TRANSFER from FY2018-19 Reserve for Contingencies:
a. $204,281 to the FY 2019-20 Treasurer's Office Operating Budget and ESTABLISH three (3)
FTEs re new Treasurer's Office at Sabre Street
b. $105,824 and$196,737 from FY 2018-19 Human Services Operating Budget to FY 2018-19
Non-Departmental Operating Budget re cost increases associated with Disabled Veteran
and Elderly/Disabled Real Estate Tax Relief Programs
August 6, 2019
42
AGENDA REVIEW SESSION
ITEM#69455
(Continued)
9. Ordinances to ACCEPT and APPROPRIATE:
a. $166,250 from the Department of Homeland Security and to Transfer$8,750 from CIP#3-
506 to the FY 2019-20 Fire Department Operating Budget re purchase a generator for
Station 20 and provide a required local match
b. $30,000 from the Norfolk Southern Foundation to FY 2019-20 Police, Fire and EMS
Operating Budgets-each department receives$10,000
c. $50,000 from the What Works Cities to the FY 2019-20 Economic Development Operating
Budget re Early Childhood Language Development Initiatives
d. $35,517.12 from the Virginia Department of Health to the FY 2019-20 Emergency Medical
Services (EMS) Operating Budget re support squad operations and training
e. $137,610 in Aid to Localities Grant Funding to the FY 2019-20 Fire Department Operating
Budget re personal protective equipment and training
f $24,800 in Lieu of Park Reservation from Shea Farm Subdivision re Park Playground
Renovations III
g. $200.00 Gift from the Rochester, New York 911 Center to Emergency Communications and
Citizen Services (ECCS) re purchase support items
ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#1
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE CONSIDERED SEPARATELY
ITEM#5 WILL BE CONSIDERED SEPARATELY
ITEM#7c WILL BE CONSIDERED SEPARATELY
ITEM#7d WILL BE CONSIDERED SEPARATELY
ITEM#8a WILL BE CONSIDERED SEPARATELY
ITEM#8b WILL BE CONSIDERED SEPARATELY
ITEM#9c WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#9f
August 6, 2019
43
AGENDA REVIEW SESSION
ITEM#69455
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K. PLANNING
1. MISHORIM GOLD VAB,LP for a Conditional Use Permit re indoor recreational facility at
2720 North Mall Drive, Suite 100 DISTRICT 3—ROSE HALL (Deferred from June 18, 2019)
2. JOSEPHINE P. PARKER for a Conditional Use Permit re automobile repair garage and a
Modification of Conditions re bulk storage yard at 573 Central Drive DISTRICT 6—BEACH
(Deferred from June 18, 2019)
3. ROWELMA M./GREGORYMCGRAWfor a Conditional Use Permit re family-day care home
at 5504 Haden Road DISTRICT 4—BAYSIDE
4. SK8 HOUSE VIRGINIA BEACH,LLC/MISHORIM GOLD VAB,LP for a Conditional Use
Permit re indoor recreational facility at 600 South Lynnhaven Road, Suite 101 DISTRICT 3—
ROSE HALL
5. MMR ASSOCIATES,LLC for a Modification of Proffers to a Conditional Rezoning approved
on August 16, 2016 re 596 Princess Anne Road DISTRICT 7—PRINCESS ANNE
ITEM#4 WILL BE CONSIDERED SEPARATELY
ITEM#5 WILL BE CONSIDERED SEPARATELY
August 6, 2019
44
ITEM#69456
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:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• Kempsville
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).
• City of Virginia Beach vs. Witchduck One&Associates LLC
• City of Virginia Beach vs. West Coast Properties Group 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
• Council Appointee Evaluations
August 6, 2019
45
ITEM#69456
(Continued)
Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council voted to
proceed into CLOSED SESSION at 4:50 P.M.
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
Break 4:50 P.M. —4:58 P.M.
Closed Session 4:58 P.M. —5:59 P.M.
August 6, 2019
46
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
AUGUST 6,2019
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, August 6, 2019, at 6:00 P.M.
Council Members Present:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
INVOCATION: Pastor Todd Woolston
Real Life Church
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 34`1 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.
August 6, 2019
47
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 identify any matters in which she might have an actual or potential conflict.
If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined
by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk
to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015, is
hereby made a part of the record.
August 6, 2019
48
ITEM— VII-E
CERTIFICATION
ITEM#69457
Upon motion by Council Member Moss, 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: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
:4`4G\N1A B.e4c,
v L?
i
''a z
9S OR O�5 BSA
OUR RCS
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#69456 Page 45 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.
anda Barn MMC
City Clerk August 6, 2019
49
ITEM-VILF
MINUTES
ITEM#69458
Upon motion by Council Member Moss, seconded by Council Member Abbott, City Council APPROVED
the MINUTES of the INFORMAL and FORMAL SESSION of July 9,2019
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
50
ITEM-VILF
MINUTES
ITEM#69459
Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council APPROVED the
MINUTES of the SPECIAL SESSION of July 10,2019.
Voting: 9-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis
R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Abstaining:
Jessica P.Abbott
John D. Moss
Council Members Absent:
None
August 6, 2019
51
ITEM— VILG.
MAYOR'S PRESENTATION
ITEM#69460
Delegate Barry Knight PRESENTED:
VIRGINIA GENERAL ASSEMBLY HOUSE RESOLUTION No. 4014 COMMENDING THE
VIRGINIA BEACH POLICE DEPARTMENT, VIRGINIA BEACH SHERIFF'S OFFICE, VIRGINIA
STATE POLICE, VIRGINL4 BEACH FIRE DEPARTMENT, VIRGINIA BEACH DEPARTMENT OF
EMS, VOLUNTEER RESCUE SQUADS OF VIRGINIA BEACH, and OTHER STATE AND
FEDERAL AGENCIES THAT RESPONDED TO THE TRAGEDY OF MAY 31, 2019, AT THE
VIRGINIA BEACH MUNICIPAL CENTER
and
Delegate Chris Stolle PRESENTED:
VIRGINIA GENERAL ASSEMBLY HOUSE RESOLUTION No. 4013 CELEBRATING THE LIVES
OF LAQUITA C. BROWN, RYAN KEITH COX, TARA WELCH GALLAGHER, MARY LOUISE
CRUTSINGER GAYLE, ALEXANDER MIKHAIL GUSEV, JOSHUA ORION HARDY, MICHELLE
MARIE LANGER, RICHARD H. NETTLETON, KATHERINE ANNE MARIE L USICH-NIXON,
CHRISTOPHER KELLY RAPP, HERBERT RAY SNELLING, JR., and ROBERT THOMAS
WILLIAMS,SR.
Mayor Dyer advised two more cities joined a fraternity that no city wants to join and requested a moment
of silence in honor of the victims in El Paso, Texas and Dayton, Ohio.
August 6, 2019
52
ITEM— VII.H.l
PUBLIC HEARING
ITEM#69461
Mayor Dyer DECLARED a PUBLIC HEARING:
LEASE OF CITY PROPERTY
Three(3)golf courses located at 3425 Club House Road(Bow Creek), 4840 Princess
Anne Road(Kempsville Greens), and 1144 Prosperity Road(Red Wing)
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING
August 6, 2019
53
ITEM— VII.H.2
PUBLIC HEARING
ITEM#69462
Mayor Dyer DECLARED a PUBLIC HEARING:
LEASE OF CITY PROPERTY
300 21s`Street and 305 20`h Street
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING
August 6, 2019
54
ITEM— VII.I
FORMAL SESSION AGENDA
ITEM#69463
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY
CONSENT,Agenda hems J: Ordinances/Resolutions 2, 6, 7a/b, and 9a/b/d/e/f/g and Planning Items K:
1, 2, and 3
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#1
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE CONSIDERED SEPARATELY
ITEM#5 WILL BE CONSIDERED SEPARATELY
ITEM#7c WILL BE CONSIDERED SEPARATELY
ITEM#7d WILL BE CONSIDERED SEPARATELY
ITEM#8a WILL BE CONSIDERED SEPARATELY
ITEM#8b WILL BE CONSIDERED SEPARATELY
ITEM#9c WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#9f
PLANNING ITEMS:
ITEM#4 WILL BE CONSIDERED SEPARATELY
ITEM#5 WILL BE CONSIDERED SEPARATELY
August 6, 2019
55
ITEM— VII.J.1
ORDINANCES/RESOLUTIONS
ITEM#69464
The following registered to speak:
Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT
Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council ADOPTED
Resolution to RE-AFFIRM the City Council Support re Offshore Wind Energy Development
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Abstaining:
John D. Moss
Council Members Absent:
None
August 6, 2019
REQUESTED BY COUNCILMEMBERS BERLUCCHI, WILSON, AND WOOTEN
1 A RESOLUTION TO RE-AFFIRM THE CITY COUNCIL
2 SUPPORT OF OFFSHORE WIND ENERGY
3 DEVELOPMENT
4
5 WHEREAS, the Coastal Virginia Offshore Wind Project conducted an onshore
6 groundbreaking on July 1, 2019; and
7
8 WHEREAS, the development of offshore wind energy offers the potential of
9 increased clean energy, reduced generation of greenhouse gasses, and it further
10 diversifies the City's energy supply; and
11
12 WHEREAS, the development of offshore wind energy provides the potential to
13 create jobs and develop an industry cluster that further enhances the City's maritime work
14 force and supply chain; and
15
16 WHEREAS, the development of offshore wind energy leverages the natural
17 advantages of Virginia Beach and the Hampton Roads Region; and
18
19 WHEREAS, the City Council has previously adopted a resolution supporting
20 offshore wind energy, and the Council desires to re-affirm it support of Offshore Wind
21 Energy.
22
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
24 OF VIRGINIA BEACH, VIRGINIA, THAT:
25
26 The City Council hereby affirms its Resolution, previously adopted on August 7,
27 2018, and is attached hereto and incorporated herein as Exhibit A.
Adopted by the Council of the City of Virginia Beach, Virginia this 6th day of
August , 2019.
APPROVED AS TO LEGAL SUFFICIENCY:
--)
Offi ity Attorney
CA14812
R-1
July 30, 2019
Exhibit A
Requested by Councilmember Uhrin, Mayor Jones, Vice Mayor Wood, and
Councilmembers Abbott, Davenport, Dyer, Henley, and Wilson
1 A RESOLUTION SUPPORTING OFFSHORE WIND OFF
2 THE COAST OF VIRGINIA
3
4 WHEREAS, development of offshore wind off the coast of Virginia has been
5 pursued for a number of years; and
6 WHEREAS, Virginia Beach has been a leader in this pursuit through appropriating
7 funds to investigate the utilization of the Chesapeake Light Tower as a MET tower(a wind
8 measuring tower or meteorological evaluation tower) and working extensively with the
9 United States Navy and the Federal Aviation Administration on radar interference issues,
10 and having City staff deeply involved in the Virginia Offshore Wind Development Authority
11 (VOWDA) to assist in development of offshore wind; and
12
13 WHEREAS, Dominion Power, which was awarded the lease for the area
14 approximately 25 miles off the coast of Virginia Beach, has now partnered with Orsted
15 AIS, formally Danish Oil and Natural Gas; and
16
17 WHEREAS, Orsted and Dominion are anticipated to have two demonstration
18 turbines generating 6 MW each producing electricity in 2020; and
19 WHEREAS, these two test turbines will be the key for large-scale development of
20 offshore wind off the coast of Virginia Beach; and
21
22 WHEREAS, the General Assembly enacted legislation in 2018 requiring 5000 MW
23 of renewable energy to be constructed in the near term, 5 acres is needed for 1 MW of
24 solar energy, and thousands of megawatts could be produced by wind turbines in the
25 area offshore Virginia Beach; and
26 WHEREAS, Virginia Beach has a robust electrical grid that can receive and
27 transmit this offshore wind electric energy; and
28
29 WHEREAS, Virginia Beach has become the landing point for multiple transoceanic
30 high-speed data cables, and these cables will likely lead to the construction of server
31 farms in the City which require large amounts of electricity, and most of the companies
32 operating server farms want to use renewable energy as a source of electricity; and
33 WHEREAS, the development of wind energy off the coast of Virginia could mean
34 that Hampton Roads specifically and Virginia generally could become a hub for the wind
35 energy industry in the mid-Atlantic, which could lead to thousands of high paying jobs and
36 terrifically diversify the economies of Virginia Beach, Hampton Roads, and Virginia.
37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH, VIRGINIA:
39 That the City Council is committed to the creation of an offshore wind energy
40 industry off the coast of Virginia.
41 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
42 BEACH, VIRGINIA:
43 That the City Council requests that all state agencies, especially the State
44 Corporation Commission, take whatever steps are necessary in the very near term to
45 accelerate the creation of this new industry so as to provide clean renewable energy and
46 diversify the economy of Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia this 7 t h day of
August , 2018.
APPROVED AS TO LEGAL SUFFICIENCY:
Deputy City Attorney Roderick R. Ingram
CA14487/ALT-2/August 7, 2018
��40141A BE,ic,
-
-. r City of Virginia Beach
U _
<5
°' OUR NAB° VBgov.com
August 6, 2019
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE MOSSJOHNOCOX.NET
In Reply Refer to 0065704
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
1. I am executing this written disclosure regarding City Council's discussion and vote
on a resolution re-affirming its support of offshore wind energy development off
the coast of Virginia. The resolution concerns Dominion Power, which is also
known as Dominion Energy, and its development of wind energy off the coast of
Virginia Beach.
2. I have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219.
3. I wish to disclose this interest and abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
it I
John D. Moss
Councilmember
JDM/DRH
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
56
ITEM— VII.J.2
ORDINANCES/RESOLUTIONS
ITEM#69465
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Resolution to SUPPORT Limited Access Modifications re VDOT I-264/Witchduck Road
Interchange&Ramp Extension Project
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 A RESOLUTION TO SUPPORT LIMITED ACCESS
2 MODIFICATIONS FOR VDOT'S 1-264 /WITCHDUCK ROAD
3 INTERCHANGE & RAMP EXTENSION PROJECT
4
5 WHEREAS, the Virginia Department of Transportation (VDOT) is currently
6 engaged in active construction on the 1-264 corridor in the City of Virginia Beach;
7
8 WHEREAS, VDOT has two construction projects on this corridor in the Six-Year
9 Improvement Program (SYIP), the "Route 1-264 Interchange Improvements-I-64 West
10 Bound Ramp to 1-264 East Bound" (UPC # 57048) and the "1-264 / Witchduck Road
11 Interchange & Ramp Extension Project" (UPC # 17630);
12
13 WHEREAS, in order to construct these projects, VDOT must modify ramp
14 configuration on the west end of Greenwich Road;
15
16 WHEREAS, as a major vehicular artery, 1-264 is a limited access highway, and
17 the present ramp modification thereby requires revisions to the limited access
18 boundaries between 1-264 and adjacent roads, including through the provision of
19 purchasing property rights from current landowners;
20
21 WHEREAS, a public comment notice was placed in the Virginian-Pilot on May
22 22, 2019, and the period for comments passed on June 3, 2019; and
23
24 WHEREAS, VDOT has requested that the City Council of the City of Virginia
25 Beach express its support for this modification.
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA THAT:
29
30 1. The City of Virginia Beach hereby supports and endorses the necessary
31 revisions to the limited access boundary of 1-264 and its adjacent roads, including the
32 west end of Greenwich Road, which must be made in the process of construction of
33 SYIP project "1-264 / Witchduck Road Interchange & Ramp Extension Project" (UPC #
34 17630).
35
36 2. The City Manager is hereby authorized to execute on behalf of the City of
37 Virginia Beach all necessary limited access control change documents and letters of
38 support.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day
of August , 2019.
APPROVED AS TO CONTENT,: APPROVED AS TO LEGAL
SUFFICIENCY:
ti
Budget and Manageme S ices Cify Attorney's Office
CA14798/R-1/July 8, 2019
57
ITEM— VII.J.3
ORDINANCES/RESOLUTIONS
ITEM#69466
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in SUPPORT
Kenneth W. Stolle, Sheriff, spoke in SUPPORT
Upon motion by Council Member Henley, seconded by Vice Mayor Wood, City Council ADOPTED
Ordinance to AMEND Section 2-81 of the City Code re Mandatory Retirement Age
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO AMEND SECTION 2-81
2 OF THE CITY CODE PERTAINING
3 MANDATORY RETIREMENT AGE
4
5 SECTION AMENDED: § 2-81
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That Section 2-81 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and ordained to read as follows:
12 Sec. 2-81. Mandatory retirement age.
13 Unless otherwise provided by state or federal statute, no firefighter or law
14 enforcement officer, as defined by the Federal Age Discrimination in Employment
15 Amendments of 1986, ccpt for including sworn members of the Sheriffs Office, shall
16 be employed after the end of the month in which he or she attains age sixty-five (65). Ne
17 sSworn members of the Sheriffs Office who are age sixty-three (63) or older shall have
18 three years from the effective date of this ordinance or until shall be employed after the
19 end of the month in which he or she attains the age of seventy (70), whichever comes
20 first, to retire.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6th
day of August , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
/ ei/ifrtt .
Sheriffs O ce City h`ttorney's Office
CA 14"1 11
R-2
July 3, 2019
58
ITEM— VII.J.4
ORDINANCES/RESOLUTIONS
ITEM#69467
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED
Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension with McDonald's
Corporation for up to five (5)years for City-Owned Property at 300 21s`Street and 305 20`"Street
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE EXTENSION
3 WITH MCDONALD'S CORPORATION FOR UP TO 5
4 YEARS FOR CITY-OWNED PROPERTY LOCATED
5 AT 300 21ST STREET AND 305 20TH STREET
6
7 WHEREAS, the City of Virginia Beach (the "City") is the owner of land located at
8 300 21st Street (GPIN: 2427-18-1343) and the adjacent lot at 305 20th Street (GPIN:
9 2427-18-1128) in Virginia Beach, Virginia (the "Premises");
10
11 WHEREAS, McDonald's Corporation, a Delaware corporation ("McDonald's") is
12 the current lessee of the Premises, and would like to extend its lease and continue to
13 use the Premises for the sale and consumption of food, non-alcoholic beverages and
14 related items, and for no other purpose;
15
16 WHEREAS, McDonald's has agreed to pay the City an initial rental rate of
17 $5,709.50 per month, with annual escalations as described in the Summary of Terms
18 attached hereto as Exhibit A, attached hereto and made a part hereof.
19
20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22
23 That the City Manager is hereby authorized to execute any documents necessary
24 to extend the current lease between McDonald's and the City for up to five (5) years for
25 the Premises located at 300 21st Street and 305 20th Street, in accordance with the
26 Summary of Terms attached hereto as Exhibit A and made a part hereof, and such
27 other terms, conditions or modifications as may be acceptable to the City Manager and
28 in a form deemed satisfactory by the City Attorney.
29
30 Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of
31 August , 2019.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
aeb--lAtik .
City Attorney Public Works/Facilities Managdment
API OVED AS TO CONTENT
=&•omic Development
CA 14662
R-1
July 25, 2019
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR CITY-OWNED LAND LOCATED AT 300 21ST STREET AND 305
20TH STREET
LESSOR: City of Virginia Beach
LESSEE: McDonald's Corporation
PREMISES: 300 21st St., approximately 25,140 sq. ft. (GPIN 2427-18-1343)
(Land Only; Building is property of McDonald's)
305 20th St., approximately 7,000 sq. ft. (GPIN: 2427-18-1128)
(Vacant Lot; Used for McDonald's parking)
INITIAL TERM: October 19, 2019 to October 18, 2020
OPTIONS TO EXTEND: Four (4) one-year extensions by mutual agreement of
the parties
INITIAL TERM RENT: $5,709.50/month
OPTION TERM RENT: 3% escalation each year
CURRENT RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Premises will be utilized for the sale and consumption of food, non-
alcoholic beverages and related items, and for no other purpose.
• Keep and maintain the Premises, at its sole expense, in good condition
and repair.
• Payment of all assessed fees and taxes.
• Purchase and maintain commercial general liability insurance.
CURRENT RIGHTS AND RESPONSIBILITIES OF CITY:
• The City will have no ongoing responsibilities for the Premises during the
Initial Term or Option Term.
TERMINATION:
• The Option Term is not automatic and requires six (6) months' advance
written notice of intent to exercise the Option Term.
• The City can terminate for breach of lease terms only.
59
ITEM— VILJ.5
ORDINANCES/RESOLUTIONS
ITEM#69468
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Rosemary Check(President—Kempsville Green Civic League), spoke in SUPPORT
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED
Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Lease Agreement with
Virginia Beach Golf Management, Inc., re Bow Creek, Kempsville Greens, and Red Wing Lake
Municipal Golf Courses
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE AN AMENDMENT
3 TO THE LEASE AGREEMENT BETWEEN THE
4 CITY OF VIRGINIA BEACH AND VIRGINIA
5 BEACH GOLF MANAGEMENT, INC.
6
7 WHEREAS, the City of Virginia Beach (the "City") and Virginia Beach Golf
8 Management, Inc. ("VBGM") entered into a lease agreement dated February 1, 2011
9 (the "Lease"), for three City-owned golf courses known as Bow Creek Municipal Golf
10 Course, Kempsville Greens Municipal Golf Course, and Red Wing Lake Municipal Golf
11 Court (collectively, the "Golf Courses");
12
13 WHEREAS, the term of the Lease is ten years (expiring on January 31 , 2021),
14 with the option to renew for two addition five-year terms;
15
16 WHEREAS, VBGM has notified the City that it desires to exercise the first
17 renewal option and City staff recommends consenting to the early exercise of the first 5-
18 year renewal of the Lease for five years;
19
20 WHEREAS, all terms, conditions and obligations of the parties set for the Lease
21 would remain the same during the first renewal term, with the exception of the rent
22 amount and termination clause related to the Bow Creek Golf Course ("Bow Creek"),
23 described below;
24
25 WHEREAS, the City is constructing the Princess Anne Plaza Drainage Area
26 Project, CIP 7-050 (the "Project") to alleviate widespread area flooding;
27
28 WHEREAS, during construction of the Project, access, use and operation of Bow
29 Creek will be adversely impacted;
30
31 WHEREAS, the City and VBGM have negotiated a reduction in the rent amount
32 for Bow Creek only during construction of the Project, and have agreed to amend the
33 termination clause in the event Bow Creek is needed for drainage, stormwater or other
34 public purpose; and
35
36 WHEREAS, City Council has determined that consenting to the first renewal
37 option for all three Golf Courses and amending the terms related to Bow Creek (only) is
38 reasonable.
39
40 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
41 OF VIRGINIA BEACH, VIRGINIA:
42
43 1. That the City Manager is hereby authorized to execute an amendment to
44 the Lease between the City and VBGM, in accordance with the Amended Summary of
45 Terms, attached hereto as Exhibit A and made a part hereof, and such other terms,
46 conditions or modifications as may be acceptable to the City Manager and in a form
47 deemed satisfactory by the City Attorney.
48 2. Except as modified in the Amended Summary of Terms, all terms,
49 conditions and obligations of the parties set forth in the Lease shall remain in full force
50 and effect.
51
52 Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of
53 August , 2019.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
7)
City Attorney De . o Parks & Recreation
APPROVED AS TO CONTENT:
` YAr
Public Works/Facilifr`�,si�lafIa ement
CA14434
vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d004\p029\00538054.doc
R-1
July 26, 2019
EXHIBIT A
AMENDED SUMMARY OF TERMS
LESSOR: City of Virginia Beach (the "City")
LESSEE: Virginia Beach Golf Management, Inc., a Virginia corporation
PROPERTY: Three City-owned golf courses: Red Wing Lake Municipal
Golf Course ("Red Wing"), Kempsville Greens Municipal Golf
Course ("Kempsville") and Bow Creek Municipal Golf
Course ("Bow Creek").
INITIAL TERM: Ten years (2/1/11 — 1/31/21), with two 5-year renewal
options
FIRST RENEWAL
TERM: Five years (2/1/21 — 1/31/26)
LEASE
PAYMENTS: For all three golf courses: Annually, the greater of $150,000
or 10% of the gross revenues, except as specified below:
Bow Creek (only): During construction of the City's "Princess
Anne Plaza Drainage Area Project / CIP 7-050" that impacts
operations at Bow Creek, rent from Bow Creek will be
reduced from 10% of the gross revenue to 5% of the gross
revenue
AMENDED
TERMINATION
RIGHTS: Bow Creek (only): During the remainder of the initial term
and any subsequent renewal terms, the City shall have the
right to terminate the lease agreement as to Bow Creek if
any portion of Bow Creek is needed for a public purpose. If
the lease is terminated for this reason, the minimum total
from Section 3 of the original agreement shall be reduced
from $150,000 to $100,000 per year.
The termination clause as set forth in the Lease Agreement
dated 2/1/11 shall remain unchanged for Red Wing and
Kempsville.
60
ITEM— VII.J.6
ORDINANCES/RESOLUTIONS
ITEM#69469
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City property known
as Lake Joyce at the rear of 4404 Powells Point Road re maintain an existing bulkhead and construct
new timber pier
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE TEMPORARY
4 ENCROACHMENT INTO A PORTION OF CITY
5 PROPERTY KNOWN AS LAKE JOYCE LOCATED
6 AT THE REAR OF 4404 POWELLS POINT ROAD
7
8 WHEREAS, Dina Kincaid Crewe desires to remove the existing timber piles
9 and to construct and maintain an existing bulkhead and a new timber pier within a portion
10 of the City's property known as Lake Joyce and a 20' strip of City property around Lake
11 Joyce, located at the rear of 4404 Powells Point Road; and
12
13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
14 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
15 the City's right-of-way subject to such terms and conditions as Council may prescribe.
16
17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Dina Kincaid Crewe, her heirs,
22 assigns and successors in title are authorized to construct and maintain a temporary
23 encroachment for an existing bulkhead and a new timber pier into a portion of the City's
24 property known as Lake Joyce and the 20' strip of City property around Lake Joyce as
25 shown on the map entitled: "'Exhibit A' Encroachment Drawing New Timber Pier In Lake
26 Joyce," dated February 26, 2019, a copy of which is attached hereto as Exhibit A, and on
27 file in the Department of Public Works and to which reference is made for a more particular
28 description;
29
30 BE IT FURTHER ORDAINED, that the temporary encroachments are
31 expressly subject to those terms, conditions and criteria contained in the Agreement
32 between the City of Virginia Beach and Dina Kincaid Crewe (the "Agreement"), an
33 unexecuted copy of which has been presented to the Council in its agenda, and will be
34 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia
35 Beach;
36
37 BE IT FURTHER ORDAINED, that the City Manager or his authorized
38 designee is hereby authorized to execute the Agreement; and
39
40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
41 such time as Dina Kincaid Crewe and the City Manager or his authorized designee execute
42 the Agreement.
43
44 Adopted by City Council of the City of Virginia Beach, Virginia, on the
45 6th day of August , 2019.
i
CA 14644
R-1
PREPARED: 5/21/19
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
UBLI ORKS, REAL ESTATE ARMEYER,
SENIOR CITY ATTORNEY
2
'EXHIBIT A' THE NEW PIER SHALL 12'
ENCROACHMENT DRAWING ENCROACH 150 SF OVER Q o
LAKE JOYCE AND 18 SF 2
NEW TIMBER PIER IN LAKE JOYCE OVER THE CITY'S LAND
26 FEB 19 ,
FOR ib
DINA KINCAID CREWE LAKE JOYCE 4'
4404 POWELLS POINT ROAD 23455 GPIN: 15708024380000 PIER
GPIN: 14797919770000 / POWELLS POINT LOT 17 OWNER:
SECURE DEED / INSTR. No. 20180423000325990 CITY OF VIRGINIA BEACH DIMS.
EXIST. TIMBER
PILES TO BE NEW OHW EXIST.
REMOVED PIER
y f BULKHEAD
_ = _
�� 20 FT STRIP z,
�___, _ _,ems_ A CITY PROPERTY' ��,
EXIST. z o
E
TR
BULKHEAD p \
A-B = 61 .5' CLC10 r.
r: 1 A-C = 77.5'
c
z 0 O�Q'
—0UI I 7-
o B
O (DI C
,- Zif
-1 _ 4 � 04 00
J cb Judy Carson
__ _ 1 of 4400 Powells Point Road
Richard Adams -P } I */ Virginia Beach, VA 23455
4408 Powells Point ` Secure Deed/Instr.
Road O Number
Virginia Beach, VA \ 20170728000634750
23455 ,� POWELLS POINT LOT
Secure Deed/Instr. \ �s0_ __ _ 18 GPIN:
Number � �`-' [=5j2.6' 14797939140000
. .1 Book 1181 Page
-
469 POWELLS .c L\1/-'� R=50.0'
POINT LOT 16 �� TH
GPIN:1 9909770000 _1 POWELLS c" �FLrp
- L��S 06 POINT 2/25/19 C�Z
1c c5 0 ROAD S STEPHEN Mo. . BLE2VINS>
SCALE: 1" - 30'-0" O
iee /0NALG
0 25' 50' This Exhibit is intended for an
Encroachment request only.
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this 302 day of MA4 2019, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DINA KINCAID CREWE, HER HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee."
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 17," as shown on that certain plat entitled:
"POWELLS POINT PROPERTY OF EVELYN POWELL SITUATE IN KEMPSVILLE
DISTRICT PRINCESS ANNE COUNTY, VA." prepared by P.F. Mueller CE, which said
plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 29, at page 36, and being further designated, known, and
described as 4404 Powells Point Road, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to remove the existing timber
piles, construct and maintain a bulkhead and a new timber pier, collectively the
"Temporary Encroachment", in the City of Virginia Beach; and
GPIN: 1570-80-2438 (Lake Joyce and 20' Strip of City Property)
GPIN: 1479-79-1977 (4404 Powells Point Road)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of existing City
property known as Lake Joyce and the 20' strip of City property around Lake Joyce, the
"Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
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), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "'Exhibit A'
Encroachment Drawing New Timber Pier in Lake Joyce,"
dated February 26, 2019, a copy of which is attached hereto
as Exhibit "A" and to which reference is made for a more
particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
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 that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. 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 the
3
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment 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 Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is 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.
IN WITNESS WHEREOF, DINA KINCAID CREWE, the said Grantee, has
caused this Agreement to be executed by her signature. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its name and on its behalf
by its City Manager and its seal be hereunto affixed and attested by its City Clerk.
4
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE 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 OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2019, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
5
By r`9'� 1
ii� 16atid elik(P2-9
KINCAID CREWE, Owner
STATE OF _
CITY/COUNTY OF �� y to-wit:
The foregoing instrument was acknowledged before me this'3S+ day of
N1ay , 2019, by DINA KINCAID CREWE.
r�1 ` U.S EAL)
Notary Pub '
UCo/ 2 •'4R);•
Notary Registration Number: 2iCXIL-j ;'•4,,Y RFce4ic m
'
My Commission Expires: 3/ 3 I J 2 j 2.3 o 3437i .?Fs av;\P
�THOFV\R
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
C I
N TU NEY
11W AP tovt
D PARTMENT
6
'EXHIBIT A' THE NEW PIER SHALL 12'
ENCROACHMENT DRAWING ENCROACH 150 SF OVER b
NEW TIMBER PIER IN LAKE JOYCE LAKE JOYCE AND 18 SF ,
26 FEB 19
OVER THE CITY'S LAND _�~
FOR i?
DINA KINCAID CREWE LAKE JOYCE 4' 4
4404 POWELLS POINT ROAD 23455 GPIN: 15708024380000 PIER
GPIN: 14797919770000 I POWELLS POINT LOT 17 OWNER:
SECURE DEED/ INSTR. No. 20180423000325990 CITY OF VIRGINIA BEACH DIMS.
EXIST. TIMBER
PILES TO BE NEW OHW
REMOVED PIER EXIST.
-� \ , BULKHEAD
• 7 oNW@g 20 FT STRIP
_—. ' •' n __ CITY PROPERTY
EXIST. t OTREE�
BULKHEAD Z
O
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of I O�
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_ l o'V 4400 Powells Point Road
Richard Adams */ Virginia Beach, VA 23455
4408 Powells Point O ` Secure Deed/Instr.
Road _ Number
Virginia Beach, VA \ 20170728000634750
23455 POWELLS POINT LOT
Secure Deed/Instr. \ \0_. _____ 18 GPIN:
Number �� �G L=52.6'``'-, 14797939140000
Book 1181 Page -
469 POWELLS 01 R=50.0'
POINT LOT 16 1O�- -THO
_ F
GPIN:4797909770000 , POWELLS p.'`� `j�
�,�5 06 POINT 2/25/19 C
��g6 0 ROAD 8 STEPHEN M. BLEV1NS)"
wo. 265 a
SCALE: 1" - 30'-0" O
eedioNAL v
0 25' 50' This Exhibit is intended for an
Encroachment request only.
4404
Powells Point Road
-+1
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•
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•
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LOCATION MAP
ENCROACHMENT REQUEST
FOR
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114111
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I
61
ITEM— VIL.J.7a
ORDINANCES/RESOLUTIONS
ITEM#69470
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
a. $9,460 from the Regional Reimbursement Revenue to the FY 2019-20 Office of
Emergency Management Operating Budget re disaster training and deployment
reimbursements
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO APPROPRIATE $9,460 IN REGIONAL
2 REIMBURSEMENT REVENUE TO THE OFFICE OF
3 EMERGENCY MANAGEMENT'S FY 2019-20 OPERATING
4 BUDGET
5
6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $9,460 in reimbursements is hereby appropriated, with revenue increased
10 accordingly, to the FY 2019-20 Operating Budget of the Office of Emergency
11 Management for training exercises to enhance the City's resiliency and emergency
12 response.
Requires an affirmative vote by a majority of all of the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of
August 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
� � 1
udget and Management Services City A o ney's Office
CA14802
R-1
July 22, 2019
62
ITEM— VII.J.7b
ORDINANCES/RESOLUTIONS
ITEM#69471
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
b. $2,700 from the Fire Department Gift Fund re purchase of grills for Stations 6, 13
and 21
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO APPROPRIATE $2,700 IN THE
2 FIRE DEPARTMENT GIFT FUND TO PURCHASE
3 GRILLS FOR FIRE STATIONS 6, 13, AND 21
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $2,700 is hereby appropriated, with revenue increased accordingly, from the
9 balance of the Fire Gift Fund to the Fire Department's FY 2019-20 Operating Budget for
10 the purchase of grills for Fire Stations 6, 13, and 21.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day
of August , 2019.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
�- /
udget
an anagement Services 'City orney's Office
CA14806
R-1
July 24, 2019
63
ITEM— VILJ.7c
ORDINANCES/RESOLUTIONS
ITEM#69472
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED
Ordinance to APPROPRIATE:
c. $634,540 to the FY 2019-20 Clerk of the Circuit Court Operating Budget re
technology related expenses
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO APPROPRIATE $634,540 TO THE
2 CLERK OF THE CIRCUIT COURT FOR TECHNOLOGY
3 RELATED EXPENSES
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $634,540 is hereby appropriated, with estimated state revenues increased
9 accordingly, to the FY 2019-20 Operating Budget of the Clerk of the Circuit Court to
10 support technological related needs and upgrades.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day
of August 2019.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
B dget and anagement Services City_Attorney's Office
CA14803
R-1
July 23, 2019
64
ITEM— VILJ.7d
ORDINANCES/RESOLUTIONS
ITEM#69473
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council ADOPTED
Ordinance to APPROPRIATE:
d. $240,000 from Fund Balance of the Police Federal and State Seized Assets Special
Revenue Fund to the FY 2019-20 Police Department Operating Budget re
purchase night vision devices
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF
2 THE POLICE FEDERAL AND STATE SEIZED ASSETS
3 SPECIAL REVENUE FUND TO PUCHASE NIGHT VISION
4 DEVICES
5
6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $240,000 is hereby appropriated, with revenues increased accordingly, from
10 the Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund
11 to the FY 2019-20 Police Department Operating Budget for the purchase of night vision
12 devices for its SWAT team.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of
August , 2019.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
11
,
Bu get and anagement Services City-Attorney's Office
CA14795
R-1
July 3, 2019
65
ITEM— VILJ.8a
ORDINANCES/RESOLUTIONS
ITEM#69474
The following registered to speak:
Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council ADOPTED
Ordinance to TRANSFER from FY2018-19 Reserve for Contingencies:
a. $204,281 to the FY 2019-20 Treasurer's Office Operating Budget and
ESTABLISH three (3)FTEs re new Treasurer's Office at Sabre Street
Voting: 10-1
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO TRANSFER FUNDS AND
2 TO ESTABLISH THREE FTES FOR A NEW
3 TREASURER'S OFFICE LOCATION AT SABRE
4 STREET
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 1. $204,281 is hereby transferred from the General Fund Regular Reserve for
10 Contingencies to the Office of the City Treasurer.
11
12 2. 3.0 FTE are hereby established within the City Treasurer's Office in the FY
13 2019-20 Operating Budget in order to operate a newly established Treasurer's
14 Office location at Sabre Street.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of
August 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
, -�
ram, -
B dget & anagement Services i or s Office
CA14809
R-1
July 25, 2019
66
ITEM— VII.J.8b
ORDINANCES/RESOLUTIONS
ITEM#69475
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Jones, seconded by Vice Mayor Wood, City Council ADOPTED
Ordinance to TRANSFER from FY2018-19 Reserve for Contingencies:
b. $105,824 and$196,737 from FY 2018-19 Human Services Operating Budget to FY
2018-19 Non-Departmental Operating Budget re cost increases associated with
Disabled Veteran and Elderly/Disabled Real Estate Tax Relief Programs
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO TRANSFER APPROPRIATIONS FOR
2 COST INCREASES ASSOCIATED WITH DISABLED
3 VETERAN AND ELDERLY/DISABLED REAL ESTATE TAX
4 RELIEF PROGRAMS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1. $105,824 from the FY 2018-19 General Fund Reserve for Contingencies and
10 $196,737 from the FY 2018-19 Operating Budget of the Department of Human
11 Services are hereby transferred to the FY 2018-19 Non-Departmental
12 Operating Budget for the purpose of funding cost increases related to real
13 estate tax relief programs.
14
15 2. This ordinance is enacted with the intention that the transfer authorized above
16 accrue back to the FY2018-19 Fiscal Year consistent with Section 12 of the
17 FY2018-19 Appropriations Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of
August , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
� r f
Budget an anagemen Services City Attbrrnn 's Office
CA14810
R-1
July 25, 2019
i
67
ITEM— VILJ.9a
ORDINANCES/RESOLUTIONS
ITEM#69476
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
a. $166,250 from the Department of Homeland Security and to Transfer$8,750 from
CIP#3-506 to the FY 2019-20 Fire Department Operating Budget re purchase a
generator for Station 20 and provide a required local match
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE DEPARTMENT OF HOMELAND
3 SECURITY TO THE FIRE DEPARTMENT AND TO
4 TRANSFER $8,750 FROM CIP #3-506
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1. $166,250 is hereby accepted from the U.S. Department of Homeland Security
10 and appropriated, with federal revenue increased accordingly, to the FY 2019-
11 20 Operating Budget of the Fire Department for the purchase of a generator for
12 Fire Station 20.
13
14 2. $8,750 is hereby transferred from CIP #3-506, "Fire Facility Rehabilitation and
15 Renewal III," to the FY 2019-20 Operating Budget of the Fire Department to
16 provide a required local match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day
of August , 2019.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget an anagem nt Services City Attorney's Office
CA14807
R-1
July 24, 2019
68
ITEM— VILJ.9b
ORDINANCES/RESOLUTIONS
ITEM#69477
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
b. $30,000 from the Norfolk Southern Foundation to FY 2019-20 Police, Fire and
EMS Operating Budgets-each department receives$10,000
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GIFT
2 FUNDS FROM THE NORFOLK SOUTHERN FOUNDATION
3 FOR FIRST RESPONDERS
4
5 WHEREAS, Norfolk Southern Corporation is a Fortune 500 company with an
6 extensive history and legacy in the Hampton Roads region;
7
8 WHEREAS, on the morning of June 3, 2019, Norfolk Southern Corporation,
9 through the Norfolk Southern Foundation, made a commitment to the City of Virginia
10 Beach to donate $30,000 to the City for the Police Department, Fire Department, and
11 EMS, as well as an additional $10,000 to the American Red Cross;
12
13 WHEREAS, in addition to financial contributions, Norfolk Southern Corporation
14 and its employees across the region and nation also extended their collective thoughts
15 and condolences to the City and all City employees;
16
17 WHEREAS, the funds for this commitment were presented to the City of Virginia
18 Beach on July 1, 2019; and
19
20 WHEREAS, the intent of the Norfolk Southern Foundation is for the Virginia Beach
21 agencies to utilize these funds for training or equipment, as determined by the
22 departments.
23
24 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
25 VIRGINIA THAT:
26
27 1 . A gift of $30,000 from the Norfolk Southern Foundation is hereby accepted and
28 appropriated, with revenues increased accordingly, to the FY 2019-20 Operating
29 Budgets of the Police Department, Fire Department, and EMS, with each
30 department receiving $10,000 from this gift.
31
32 2. The City Council is thankful for the generosity exhibited by Norfolk Southern
33 Corporation and its employees to the City of Virginia Beach.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day
36 of August 2019.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
7..._,\_/\(41'1U _,/___, M,/_:_,_
udget & Managem nt Services City Attorney's Office
CA14796
R-1
July 3, 2019
69
ITEM— VILJ.9c
ORDINANCES/RESOLUTIONS
ITEM#69478
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council ADOPTED
Ordinance to ACCEPT and APPROPRIATE:
c. $50,000 from the What Works Cities to the FY 2019-20 Economic Development
Operating Budget re Early Childhood Language Development Initiatives
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $50,000 FROM WHAT WORKS CITIES TO THE
3 DEPARTMENT OF ECONOMIC DEVELOPMENT FOR
4 EARLY CHILDHOOD LANGUAGE DEVELOPMENT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $50,000 is hereby accepted from What Works Cities and appropriated, with
10 miscellaneous grant revenue increased accordingly, to the FY 2019-20 Operating Budget
11 of the Department of Economic Development for early childhood language development
12 initiatives.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day
of August , 2019.
Requires an affirmative vote by a majority of the all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services , Cit ttothey's Office
Y Y
CA14805
R-1
July 23, 2019
70
ITEM— VILJ.9d
ORDINANCES/RESOLUTIONS
ITEM#69479
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
d. $35,517.12 from the Virginia Department of Health to the FY 2019-20 Emergency
Medical Services (EMS) Operating Budget re support squad operations and
training
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 TO EMERGENCY MEDICAL SERVICES FOR RESCUE
3 SQUAD OPERATIONS AND TRAINING
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 $35,517.12 is hereby accepted from the Virginia Department of Health, Office of
9 Emergency Medical Services, and appropriated, with state revenue increased accordingly,
10 to the FY 2019-20 Operating Budget of the Department of Emergency Medical Services to
11 support rescue squad operations and training.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day
of August 2019.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
A n
udget an anag men Services City Attorneys Office
CA14808
R-1
July 24, 2019
71
ITEM— VILJ.9e
ORDINANCES/RESOLUTIONS
ITEM#69480
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
e. $137,610 in Aid to Localities Grant Funding to the FY 2019-20 Fire Department
Operating Budget re personal protective equipment and training
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $137,610 IN AID TO LOCALITIES GRANT FUNDING
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, THAT:
6
7 1. $42,929 is hereby accepted and appropriated, with State revenue increased
8 accordingly, to the FY 2019-20 Operating Budget of the Fire Department for
9 the FY 2017-18 Aid to Localities Grant for personal protective equipment and
10 training.
11
12 2. $94,681 is hereby accepted and appropriated, with State revenue increased
13 accordingly to the FY 2019-20 Operating Budget of the Fire Department for
14 the FY 2018-19 Aid to Localities Grant for personal protective equipment and
15 training.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day
of August , 2019.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
udget an Management Services City Attorney's Office
CA14794
R-1
July 3, 2019
72
ITEM— VILJ.9f
ORDINANCES/RESOLUTIONS
ITEM#69481
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
f $124,800 in Lieu of Park Reservation from Shea Farm Subdivision re Park
Playground Renovations III
p
Voting: 10-1
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS TO CIP #4-500, PARK PLAYGROUND
3 RENOVATIONS III
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 $24,800 is hereby accepted in lieu of a park reservation from the Shea Farm
9 Subdivision development and appropriated, with local revenue increased accordingly, to
10 CIP #4-500, Park Playground Renovations III, which will provide additional park area in
11 the Kempsville planning area.
Requires the affirmative vote of a majority of all members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day
of August , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
)Ci\jt (2/‘
Budget and anagement Service i y o y's Office
CA14811
R-1
July 29, 2019
73
ITEM— VII.J.9g
ORDINANCES/RESOLUTIONS
ITEM#69482
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
g. $200.00 Gift from the Rochester, New York 911 Center to Emergency
Communications and Citizen Services (ECCS)re purchase support items
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
1 AN ORDINANCE TO ACCEPT A GIFT FROM THE
2 ROCHESTER, NY 911 CENTER AND TO APPROPRIATE
3 FUNDS TO THE DEPARTMENT OF EMERGENCY
4 COMMUNICATIONS AND CITIZEN SERVICES
5
6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1. That a gift of $200 is hereby accepted from the Rochester, NY 911 Center and
10 appropriated, with revenue increased accordingly, to the FY 2019-20 Operating
11 Budget of the Department of Emergency Communications and Citizen Services to
12 purchase support items for call center employees involved in the May 31st incident.
13
14 2. The City Council is thankful for the generosity exhibited by the Rochester, NY 911
15 Center and its employees to the City of Virginia Beach.
Requires an affirmative vote by a majority of all of the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of
August 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
11LL7
B L dget and Management Services City Att ey's Office
CA14801
R-2
July 26, 2019
74
ITEM—VII-K.1
PLANNING
ITEM#69483
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council, APPROVED,AS
CONDITIONED, BY CONSENT, Application of MISHORIM GOLD VAB, LP for a Conditional Use
Permit re indoor recreational facility at 2720 North Mall Drive, Suite 100 DISTRICT 3 —ROSE HALL
(Deferred from June 18, 2019)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MISHORIM GOLD VAB, LP for a Conditional Use Permit re indoor
recreational facility at 2720 North Mall Drive, Suite 100 (GPIN
1496472557)DISTRICT 3—ROSE HALL
The following conditions shall be required:
1. The applicant shall obtain all necessary permits and inspections from the Department of Planning
and Community Development Permit and Inspections Division, the Health Department, and the
Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building
Official's Office prior to commencing operation.
2. The maximum number of individuals within the facility shall not exceed the maximum number as
determined by the Fire Marshal.
3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance,
unless authorized by the Board of Zoning Appeals, and shall be in substantial conformance with
the sign exhibit depicted on page 8 of this report.
4. A Landscape Plan has been provided entitled, "Enlarged Planting Plan—2720 North Mall Dr. and
600 S. Lynnhaven Road," dated 7/3/19 and drawn by Siska Aurand Landscape Architects. The
Plan depicts the installation of medium canopy trees in the existing parking lot islands and medium
trees planted every 25 feet on center along North Mall Drive. The Landscape Plan shall be
submitted to the Department of Planning and Community Development for approval in
conformance with the City's Landscape Guide. Plantings shall be installed within ninety(90)days
of City Council's approval of this Conditional Use Permit.
August 6, 2019
75
ITEM—VII-K.1
PLANNING
ITEM#69483
(Continued)
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6th day of August Two Thousand
Nineteen.
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
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76
ITEM—VII-K.2
PLANNING
ITEM#69484
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED,
AS CONDITIONED/MODIFIED,BY CONSENT,Application of JOSEPHINE P.PARKER for a
Conditional Use Permit re automobile repair garage and a Modification of Conditions re bulk storage
yard at 573 Central Drive DISTRICT 6—BEACH(Deferred from June 18, 2019)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JOSEPHINE P. PARKER for a Conditional Use Permit re automobile
repair garage and a Modification of Conditions re bulk storage yard at
573 Central Drive (GPIN 1496678537)DISTRICT 6—BEACH
The following conditions shall be required:
Conditional Use Permit(Automobile Repair Garage)
1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.
2. A separate permit from the Department of Planning & Community Development is required for
any new signage installed on the site.
3. There shall be no portable or nonstructural signs or electronic display signs on the site.
4. No motor vehicles in a state of obvious disrepair shall be stored outside, except within fenced areas
on the property.
5. There shall be no outside storage of equipment,parts, tires, or materials.
6. No motor vehicle repair work shall take place outside of the building.
7. The required street frontage landscaping and foundation plantings shall be installed as described
in the Virginia Beach Landscaping Guide.A landscape plan depicting the required planting shall
be submitted to the Planning Department, and approval of said plant species and locations shall
be obtained prior to the operation of the business.
August 6, 2019
77
ITEM—VII-K2
PLANNING
ITEM#69484
(Continued)
Modification of Conditions (Bulk Storage Yard)
All conditions of the Conditional Use Permit granted by the City Council on February 26, 2002 shall
be deleted and replaced with the following conditions:
1. The Bulk Storage Yard shall be limited to the area shown on the submitted site plan, entitled
"Service Center/Bulk Storage Yard",prepared by Cushman Wakefield on behalf of the applicant,
dated May 24, 2019.
2. No development, including expansion of the stormwater management facility, shall occur within
the seaward 50 feet of the Resource Protection Area.
3. Fencing, landscaping and lighting shall be maintained in accordance with Section 228 of the
Zoning Ordinance.
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 6`h day of August Two Thousand
Nineteen.
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
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78
ITEM—VII-K.3
PLANNING
ITEM#69485
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED,AS
CONDITIONED, BY CONSENT, Application of ROWELMA M. / GREGORY MCGRAW for a
Conditional Use Permit re family-day care home at 5504 Haden Road DISTRICT 4—BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ROWELMA M. /GREGORY MCGRAW for a Conditional Use Permit
re family-day care home at 5504 Haden Road (GPIN 1469350846)
DISTRICT 3—ROSE HALL
The following conditions shall be required:
1. Arrival and departure times shall be staggered to avoid vehicular congestion.
2. The family day-care home shall be limited to a total of twelve (12) children, other than children
living in the home.
3. The applicant shall maintain a license with the Virginia Department of Social Services for
childcare.
4. No more than one (1)person, other than the applicant, shall assist with the operation of the family
day-care home at any one time.
5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1)square
foot in area and mounted flat against the residence.
6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach.
Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building
Official's for use of the house as a family day-care home.
7. The fence enclosing the outdoor play area shall remain in place and shall be maintained.
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6th day of August Two Thousand
Nineteen.
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
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79
ITEM—VII-K.4
PLANNING
ITEM#69486
The following registered to speak:
Robert Barnuevo, representing the Applicant, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in SUPPORT
Upon motion by Council Member Berlucchi, seconded by Council Member Abbott, City Council,
APPROVED,AS CONDITIONED,Application of SK8 HOUSE VIRGINIA BEACH,LLC/
MISHORIM GOLD VAB,LP for a Conditional Use Permit re indoor recreational facility at 600 South
Lynnhaven Road, Suite 101 DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SK8 HOUSE VIRGINIA BEACH,LLC/MISHORIM GOLD VAB,LP
for a Conditional Use Permit re indoor recreational facility at 600 South
Lynnhaven Road, Suite 101 (GPIN 1496276560) DISTRICT 3 — ROSE
HALL
The following conditions shall be required:
1. This Conditional Use Permit is limited to Suite 101.
2. The applicant shall obtain all necessary permits and inspections from the Department of Planning
and Community Development Permit and Inspections Division, the Health Department, and the
Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building
Official's Office prior to commencing operation.
3. The maximum number of individuals within the facility shall not exceed the maximum number as
determined by the Fire Marshal.
4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance,
unless authorized by the Board of Zoning Appeals, and shall be in substantial conformance with
the sign exhibits depicted on page 8 of this report.
5. A Landscape Plan has been provided entitled, "Enlarged Planting Plan—2720 North Mall Dr. and
600 S. Lynnhaven Road," dated 7/3/19 and drawn by Siska Aurand Landscape Architects. The
Plan depicts the installation of medium canopy trees in the existing parking lot islands. Foundation
landscaping along the western side of the building shall be installed per the City's Landscape
Guide. The Landscape Plan shall be submitted to the Department of Planning and Community
Development for approval in conformance with the City's Landscape Guide. Plantings shall be
installed within ninety(90)days of City Council's approval of this Conditional Use Permit.
August 6, 2019
80
ITEM—VII-K.4
PLANNING
ITEM#69486
(Continued)
This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6`h day of August Two Thousand
Nineteen.
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
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ITEM—VII-K.5
PLANNING
ITEM#69487
The following registered to speak:
Eddie Bourdon, Attorney for Applicant, spoke in SUPPORT
Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION
Upon motion by Council Member Henley, seconded by Council Member Wilson, City Council,
APPROVED/ MODIFIED, AS PROFFERED, Application of MMR ASSOCIATES, LLC for a
Modification of Proffers to a Conditional Rezoning approved on August 16, 2016 re 596 Princess Anne
Road DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MMR ASSOCIATES, LLC for a Modification of Proffers to a
Conditional Rezoning approved on August 16, 2016 re 596 Princess Anne
Road(GPIN 2308992078)DISTRICT 7—PRINCESS ANNE
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 61h day of August Two Thousand
Nineteen.
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M.Henley,Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
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CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
•
S of ouR Now's
In Reply Refer To Our File No. DF-10252
DATE: July 26, 2019
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilson DEPT: City Attorney
RE: Conditional Zoning Application; MMR Associates, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 6, 2019. I have reviewed the subject proffer agreement, dated April
16, 2019 and have determined it to be legally sufficient and in proper legal form. A copy of
the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Nancy Bloom
FIRST AMENDMENT TO PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS
MMR ASSOCIATES, L.L.C., a Virginia limited liability company
TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 16th day of April, 2019, by and between MMR
ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of that certain parcel of property located in the
Princess Anne District of the City of Virginia Beach,containing approximately 27,150.7 square
feet and described in Exhibit "A" attached hereto and incorporated herein by this reference
(the"Property"); and
WHEREAS, the Grantor has initiated a modification to a conditional amendment to
the Zoning Map of the City of Virginia Beach, Virginia, by Petition addressed to the Grantee
so as to modify a condition applicable to the Property that is zoned Conditional B-2
Community Business District; and
WHEREAS, the Grantor has requested the Grantee to permit this modification of the
Proffered Covenants, Restrictions and Conditions dated June 14, 2016, and recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument
Number 20160822000743760 (hereinafter "2016 Proffers") to shift the building location;
and
GPIN: 2308-99-2078-0000 (Part of) •
Prepared By: R.Edward Bourdon,Jr.,Esquire
VSB#2216o
Sykes,Bourdon,Ahern&Levy,P.C.
281 Independence Boulevard
Pembroke One,Fifth Floor
Virginia Beach,Virginia 23462
WHEREAS,the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the Grantor's proposed rezoning, certain
reasonable conditions governing the use of the Property for the protection of the community
that are not generally applicable to land similarly zoned are needed to resolve the situation to
which the Grantor's rezoning application gives rise; and
WHEREAS,the Grantor has voluntarily proffered, in writing, in advance of and prior
to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning
Map with respect to the Property,the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted as a part of said amendment
to the Zoning Map relative and applicable to the Property,which has a reasonable relation to
the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
grantees,and other successors in title or interest,voluntarily and without any requirement by
or exaction from the Grantee or its governing body and without any element of compulsion
or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval,
hereby makes the following declaration of conditions and restrictions which shall restrict and
govern the physical development, operation, and use of the Property and hereby covenants
and agrees that this declaration shall constitute covenants running with the Property, which
shall be binding upon the Property and upon all parties and persons claiming under or
through the Grantor, its successors, personal representatives, assigns, grantees, and other
successors in interest or title:
1. Proffer numbered 1 as contained in the 2016 Proffers recorded in the above
referenced Clerk's Office as Instrument Number 2016082200074376o is hereby deleted and
replaced with the following:
1. When the Property is developed, it shall be developed substantially as
shown on the exhibit entitled, "SITE PLAN PARCEL 'A' SUBDIVISION OF
PROPERTY OF I.V. JONES ET UX D.B. 2392 P. 2167 (PLAT) VIRGINIA BEACH,
VIRGINIA", dated March 27, 2019, prepared by Gallup Surveyors & Engineers, Ltd.,
2
which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter"Amended Site Plan").
2. Except as expressly modified herein, all of the proffers, covenants, restrictions
and conditions contained in the 2016 Proffers remain in full force and effect.
All references hereinabove to the B-2 Community Business Zoning District and to the
requirements and regulations applicable thereto refer to the Comprehensive Zoning
Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of
the date of approval of this Agreement by City Council, which are by this reference
incorporated herein.
The above conditions,having been proffered by the Grantor and allowed and accepted
by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force
and effect until a subsequent amendment changes the zoning of the Property and specifically
repeals such conditions. Such conditions shall continue despite a subsequent amendment to
the Zoning Ordinance even if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised Zoning Ordinance until specifically
repealed. The conditions, however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in writing as
evidenced by a certified copy of an ordinance or a resolution adopted by the governing body
of the Grantee, after a public hearing before the Grantee which was advertised pursuant to
the provisions of Section 15.2-2204 of the Code of Virginia,1950,as amended. Said ordinance
or resolution shall be recorded along with said instrument as conclusive evidence of such
consent,and if not so recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority(a)to order, in writing,that any noncompliance with such conditions
be remedied, and (b) to bring legal action or suit to insure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages, or other appropriate
action, suit,or proceeding;
3
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence
of conditions attaching to the zoning of the Property, and the ordinances and the conditions
may be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of
the Grantor and the Grantee.
4
WITNESS the following signature and seal:
Grantor:
MMR Associates, L.L.C.,
a Virginia limited liability company
By: 74/a1az R (SEAL)
Marvin M. Rollins,Jr., Presi ent
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
•The foregoing instrument was acknowledged before me this /G day of April, 21319,
by Marvin M. Rollins, Jr., President of MMR Associates, L.L.C., a Virginia limited liability
company, Grantor.
• „q„snuq,�
Notary Public �.•�`r R. T ''•.
My Commission Expires: ii I 30, aD (`i z o ,E G z
Notary Registration Number: a7/31 I -= a :
COMmMISSmiss ION
EXPIRES $
4/30/2019.
'Q
FALTN�%OF..`.
5
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT certain lot,piece or parcel of land together with the buildings and improvements
thereon and the appurtenances thereunto belonging, lying and situate in the City of Virginia
Beach, Virginia, being the easternmost 27,150.7 square feet of that parcel known, numbered
and designated as Lot or Parcel A, 1.153 acres, as shown on that certain plat entitled,
"Subdivisions of Property of I.V. Jones, et ux, D.B. 274 P 223, Creeds, Pungo Borough,
Virginia Beach, Virginia, Scale 1" = 4o', 9 Nov. 1984, prepared by Bruce W. Gallup, Land
Surveyor,which said plat is duly of record in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia in Deed Book 2392, at Page 2167. Said piece or land being more
particularly described as beginning at a pin along the southern right of way line of MORRIS
NECK ROAD at the northeast corner of Parcel A (D.B. 2392, PG 2167) and from said point
beginning South 12° 09' 19"West, a distance of 159.93 feet to a pin; thence North 81° 58'34"
West, a distance of 173.31 feet to a point; thence North 18° 04' 58" East, a distance of 172.92
feet to a point along the southern right of way line of Morris Neck Road;thence running along
the southern right of way line of Morris Neck Road South 77°59'35"East,a distance of 155.00
feet to the Point of Beginning.
GPIN: 2308-99-2078-0000 (Part of)
H:\AM\Mod of Proffers\MMR Associates\596 Princess Anne Road\ist Amendment to Proffers.docx
6
82
ITEM VII-L.
APPOINTMENTS
ITEM#69488
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
BAYFRONT ADVISORY BOARD
BEACHES AND WATERWAYS ADVISORY COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
—ELECTRICAL DIVISION
—NEW CONSTRUCTION DIVISION
—PLUMBING AND MECHANICAL DIVISION
COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE
COMMUNITY SERVICES BOARD
HISTORIC PRESERVATION COMMISSION
HOUSING ADVISORY BOARD
INVESTIGATIVE REVIEW PANEL
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PUBLIC LIBRARY BOARD
SOCIAL SERVICES BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
August 6, 2019
83
ITEM VII-L.
APPOINTMENTS
ITEM#69489
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
JENNA ROBERTSON
Student
Two year term 9/1/19—8/31/21
PARKS AND RECREATION COMMISSION
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
84
ITEM VII-L.
APPOINTMENTS
ITEM#69490
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
MICHELLE PHAM
Student
Two year term 9/1/19—8/31/21
PUBLIC LIBRARY BOARD
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
August 6, 2019
85
ADJOURNMENT
ITEM#69491
Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 7:17 P.M.
Terra . e aus
Chief Deputy City Clerk
anda Barne , MC Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
August 6, 2019
86
OPEN DIALOGUE
The following registered to speak:
Clarence Childers, 901 Laurie Court, Phone: 685-8867, spoke concerning parking in neighborhoods
Angela Maxwell, 1165 Jenson Drive, Phone: 321-7887, spoke concerning support for animal shelters and
funding efforts for the "Bunny Hutch"
Lynn Hightower, 1113 Atlantic Avenue, Phone: 437-8432, spoke concerning fundraiser for the victims of
the May 31, 2019 tragedy
Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke concerning City employment and the
application process
Barbara Messner, P. O. Box 514, spoke in criticism of Council Members and City government
Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke requesting Council Members review the
Longwood Report
Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT of proposed City Charter
amendment by Council Member Moss
ADJOURNED 7:34 P.M.
August 6, 2019