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HomeMy WebLinkAboutDECEMBER 1, 2020 FORMAL SESSION MINUTES s ov. a �m 9,td o .. vow VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 1, 2020 Mayor Dyer called to order the CITY COUNCIL'S BRIEFING in the Virginia Beach Convention Center, Suite 5, on Tuesday, December 1, 2020, at 3:00 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse 2 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 3:00 P.M. Mayor Dyer welcomed William E.Harrell,President and Chief Executive Officer—Hampton Roads Transit (HRT) and Ray Amoruso, Chief Planning and Development Officer — HRT. Mr. Harrell expressed his appreciation to City Council for their continued support: HAMPTON ROADS TRANSIT Regional Microtransit Demonstration Project Briefing for Virginia Beach City Council • December 1,2020 gohrt.com The Big Picture Regional success requires a well-performing ri =' ,•rtation system—including public transport °` `,s in every city deserve access to safe. reliab ¢' prdable transportation options. u,yIIIL. AIM Hampton Roads ranks of the bottom -re of the list for tronsit offerings(hours "f.4 and miles of service provided)among 43 regions that have populations of s' one million or more residents. --- .3 . \ -2019 Public Transportation ' Fort Book i 30''3 r, '" I. , by 1,--.( ,��*-. December 1, 2020 3 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 (Continued) Here is a comparison of average costs for public busses among other cities and Hampton Roads: HRT bus cost per hour 20% below peer average.' $160 II, 5147 We I. DRnm6NaN R�r.r�r�, sus Swnrc Naand smart $111 9112 S1Ibhlohi Historically low regional investment-22% less funding per capita than peer average YOLUM0U5 S126 CINCINNATI S102 KANSAS CITY $66 RICHMOND S13 SACRAMENTO 579 Igoe CHARLOTTE S77 96669 RN 6566 w.M JACKSONVILLE $72 SB6 Y.of.O^s mpn-rcn�urcr r Av-Mle SNvrr.NM.wnl lnwwr 0ord. HAMPTON ROADS ST PETERSBURG S61 SO 520 540 S60 S80 5100 S120 4 December 1, 2020 4 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 (Continued) Here is, "A Vision For Our Future": A VISION FOR OUR FUTURE CITIES ACROSS HAMPTON ROADS EFFECTIVELY CONNECTED WITH A CORE REGIONAL BUS SYSTEM AND MIX OF MOBILITY OPTIONS THAT ENHANCE ACCESS TO JOBS,ECONOMIC GROWTH,AND QUALITY OF LIFEle . 1 W',4 ILA :. 7 t, ' N.,. ,oi. I it . r. ..,:j., 711 _ „ 41\ Here is an overview of the New Strategic Plan, Regional Classifications&Service Standards: .4100. New Strategic Plan,Regional IA\ IT R 5 Classifications&Service Standards I S 'Wd[bcnts"'it"tei =) Sndendthesame stare Mnute service routes Transit Strategic Plan � Span of Service •ems ® °.. ' Frequency of Service 60 minute service routes «. Limited or Express Routes s � 0 December 1, 2020 5 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 (Continued) Here are the thirteen (13)proposed routes and expected impact of increased services: Regional Program: Backbone Routes RoTte9 Route Name 1 CEranEySheM REGIONAL BACKBONE IMPACTS 2 Hampton Blvd , w 3 Chesapeake Blvd CURRENTNEr REGIONAL SYSTEM EACKEONE 8 Tidewater Drive NO.OF ROUTES 15 Military Highway WITH IS-MIN WEEK- 6 13 DAY PEAK SERVICE 20 Virginia Beach Blvd 21 Little Creek Road POPULATION ,,, r4e7000v SERVED K9%increase 36 Independence Blvd/Holland Road 45 Portsmouth Blvd .500 JOGS SERVED 117%increase 47 High Street/Churchland 101 Kecoughtan Road AREA IN WALKING 41 so ROAR 112 Jefferson Avenue DISTANCE 114 Mercury Blvd Ejiiess re Better Reliability Faster Commutes New Connections Atl December 1, 2020 6 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 (Continued) Here are a few factors impacting public transportation: I An Evolving Marketplace • Shifts in consumer expectations,lifestyles,and choices related to working,shopping,socializing and travel. • Agencies adapting to integrate mobility services—exploring new partnerships and business models. • New Technologies Mr. Harrell turned the presentation over to Mr. Amoruso: HAMPTON ROADS TRANSIT Regional Microtransit Demonstration Project gohrt.com December 1, 2020 7 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 (Continued) The next two (2)slides provide an overview of the Microtransit Pilot Project: Microtransit Pilot Project • Plan,deploy,evaluate performance,and share lessons learned for on-demand microtransit services in two unique use cases for a 6-month pilot demonstration. Objective: leverage cloud-based route optimization technology and app-based booking of rides to move people around the defined zones with better frequency and shorter trip times than conventional fixed-route transit. • State grant approved for two potential Zones:one in Virginia Beach and one in Newport News. • Grant requires a Local match by each city in the amount of $238,000 per city. Total State award:$1.597 million Microtransit Pilot Project • Microtransit's viability requires testing in different use cases to empirically determine how its service characteristics and performance may work as a sustainable new travel option. • HRT envisions a turnkey solution. • Duration of project is anticipated to be 12 months o 6 months Planning, Marketing,Analysis o 6 months service operation December 1, 2020 8 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 (Continued) Here are the key characteristics for a successful Microtransit Zone: What are the key characteristics for a successful Microtransit Zone? • Ideal zone size spans from 10-35 square miles. Rounded shape (not too long/narrow) • Population+jobs>35,000. Enough density to warrant transit,but low enough that regular fixed route is ineffective. • Combination of residential,commercial and sometimes industrial. Should not be overly concentrated in any one of these. • Potential to serve many types of trips,e.g.commute,shopping, local trips,seniors,students. • High-quality transit connections that leave the zone(e.g.frequent bus route and/or LRT). Little overlap with transit within the zone. HAMPTON ROADS TRANSIT Proposed VB Pilot of Microtransit gohrt.com December 1, 2020 9 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 (Continued) The next few slides provide details on Virginia Beach Zones: Virginia Beach Zone Zone neighborhoods include: • Aragona Village \\1 • Arrowhead "e . • • Pocahontas Village • Smith Lake Terrace e Virginia Beach Zone Zone include: • Virginia Wesleyan University • Bayside High School • Old Donation School `•••�.� • Adult Learner Center • Haygood Shopping CenterO • Williams Farm Recreation Center • Town Center • Pembroke Mall r' • • Convergence - 0 • Sentare Independence • Bayside Medical Plaza • Veteran Affairs December 1, 2020 10 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 (Continued) Virginia Beach Zone v Residential Density /-- -4 i dd\ Em!loyment Density G . , 1. �.� 3 -1 • isan .. Inflow/Outflow Analysis -s J� '� fades -----• .�.��cr 1' Here are the Zone Characteristics: Zone Characteristics Success Criteria Zone Feat. Zone Size&Boundaries 18 square miles.Longer North-South than East-West. Good boundaries,slightly irregular. Market Size 78,000(31,000 residents+47,000 jobs).Jobs> (Population+Jobs) Residents but strong base population. Land Usage Distribution Commercial in the center-south,residential in north. Loses points for overly-concentrated commercial/job center,pockets of dead zones in north. Major Connections Newtown LRT,Sentara Leigh Hospital,Military Circle Community Trips 4,400 intra-zone commutes.Also many POls for standard commercial/retail activity. Connection to Existing LRT and high-quality bus routes Tra nsit December 1, 2020 11 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 (Continued) Here is the Recommended Service Model: Recommended Service service Virtual stop to virtual stop tr. 'T."rff.rssr Model Travel anywhere within the zone • Service 5 am—9 pm Monday to Friday Hours 7 am—8 pm Saturday and Sunday - 106 service hours per week tt Vehicles Minimum of 5 vehicles on the road at all tines Required Scale up vehicle counts as demand increAses Minivans and/or small shuttles {1� Minimum 530 vehicle hours per week • • Suggest 565 vehicle hours to accommodate fluctuating demand %"� • f Servloe Area&Sample Virtual Stops Here are the Key Performance Indicators: Key Performance Indicators Daily 350 rides/day is the minimum expected ridership t. 4 Ridership 750+rides/day are feasible • Vehicle 4.5 passengers per vehicle hour is the minimum Productivity expected 5.0 to over 5.5 PVH is attainable . C--- Wait Time 15 minutes or less is the average anticipated wait time 6 Walking V.mile or less is the average walking distance to a virtual a ti Distance stop A� On-Time 05%of rides should be picked up and dropped off on-time Performane (within 5 minutes of the promised windows) rew.msenelcet oa&mamart..._... sw=. December 1, 2020 12 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 (Continued) There are three(3) Vehicle Types within the service model: HAMPTON ROADS TRANSIT Review of Vehicle Types gohrt.com Option A—Minivans: Option A-Minivans Options Ford Transit Connect,Mercedes Mattis,Dodge Caravan, Nissan NV200 Benefits Mid-range capital oast ziga — Low operating cost Low fuel consumption p <1..1 No licence restrictions Can be equipped with mobility access Can be equipped with bicycle racks Seats up to 5 passengers Downsiii Not suitable for pooling large groups together(e.g.families) es Equipping with mobility access limits capacity to 3 ambulatory seats Standing is not possible,so boarding requires stooping December 1, 2020 13 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 (Continued) Option B—Shuttles: Option B-Shuttles Options Ford Transit,Mercedes Sprinter.Dodge ProMaster, Nissan NV350 Benefits Effective at pooling large groups together(e.g.families) (. No licence restdctions Comfortable boarding with standing room Seats up to 8-12 passengers Can be equipped with multiple mobility access Plenty of seats even when wheelchair equipped Downsid Higher capital cost es Slightly higher operating cost compare Slightly higher fuel consumption d to vans More challenging to equip with bicycle racks Likely to have under-utilized seats if mostly single-person trips Option C—Mixed Fleet: Option C - Mixed Fleet Benefits Gain higher capacity for occasional large groups ®© Operate at a lower coat than shuttles-only R' Provides much of the individual benefits Experiences few of the individual downsides •n.reides More logistical challenges than operating a unified Fleet: -Storage AEli -Scheduling -Maintenance "goo December 1, 2020 14 CITY COUNCIL'S BRIEFING HRT MICROTRANSIT DEMONSTRATION PROJECT ITEM#71061 (Continued) Conclusion Pilot Project could be implemented in fall 2021 based on the following: _ • COVID-19 public health emergency ' is mitigated • Approval byVB toprovide local ' ' PP "" IIT matching dollars k 11 • Successful selection of a service provider • Coordinated marketing campaign • HRT will work closely with city staff Mayor Dyer expressed his appreciation to Mr. Harrell and Mr. Amoruso for the presentation. December 1, 2020 15 CITY MANAGER'S BRIEFINGS CONVENTION AND VISITORS BUREAU COMMUNITY TASK FORCE RECOMMENDATIONS ITEM#71062 3:54P.M. Mayor Dyer welcomed Ronald H. Williams, Jr. —Deputy City Manager and William Hanbury, Managing Principal-Academy Street Collaboration, LLC. Mr. Williams expressed his appreciation to City Council for their continued support and turned the presentation over to Mr. Hanbury: Virginia Beach CVB Community Task Force Report Virginia Beach City Council December 1, 2020 Bill Hanbury Here is The Taskforce Background: The Taskforce Background • Chartered by the City Council in July 2020 • Comprised of 17 members from a diverse group of civic stakeholders • Councilmembers Tower and Wilson represented the Council and co-chaired the meetings • There was an engaged,enthusiastic,and candid interaction among Members • Convened six meetings to: • Study DMO industry"best practices' • Evaluate governance structures of competitors and high-performance DMOs • Learn directly from highly-regarded DMO executives • Review hundreds of pages of industry background material • Consider the finance,HR,and operations design of various DMO models December 1, 2020 16 CITY MANAGER'S BRIEFINGS CONVENTION AND VISITORS BUREAU COMMUNITY TASK FORCE RECOMMENDATIONS ITEM#71062 (Continued) Here are Current CVB Challenges: Current CVB Challenges The Taskforce reviewed several major challenges which limit the Virginia Beach CVB's ability to perform at a high level: • CVB governance structure is not typical.Of 31 US destination marketing organizations (DM0s)with budgets of more than$20 million there is only one other with a direct government affiliation. • The City enthusiastically supports the CVB, but the private sector has either lukewarm or negative impressions of the organization. • The private sector has limited tangible methods of supporting the CVB and little opportunity to provide valuable guidance to the staff. • Compensation levels for CVB employees are below national DMO standards,and the higher the management position,the greater the variance.Thus,it is impossible to attract the best executive leadership, in particular a CEO. • Both the resort area tourism product and the convention center market position continue to deteriorate.These factors limit the CVB's capacity to properly market the destination. The Taskforce Charter requires evaluating new options for the governance structure of the CVB: Taskforce Charter • The Task Force was charged with evaluating new options for a governance structure of the City's destination marketing organization: • Remain within govemment...the structure of the current CVB • Hybrid public-private foundation or authority structure...similar to the Virginia Tourism Authority • Separate 501 c6 non-profit corporate entity...common to chambers of commerce and other DMOs December 1, 2020 17 CITY MANAGER'S BRIEFINGS CONVENTION AND VISITORS BUREAU COMMUNITY TASK FORCE RECOMMENDATIONS ITEM#71062 (Continued) The next two (2)slides provide an overview of the Taskforce Study: Taskforce Study . . . continued The Taskforce,early on in its proceedings,decided to move away from considering a structure within government for three major reasons: • The need to hire a CEO and senior executives outside the constraint of the City's human resource parameters • The need for procurement nimbleness and speed-to-market in the face of rapidly changing marketing conditions • The need to increase the local hospitality industry's opportunities to participate in the management of the DMO The Taskforce focus then turned to seriously consider both the Hybrid Authority and 501c6 nonprofit models. In the end,the Taskforce decided with 16"yes"votes,and one abstention,that the preferred recommendation was an Authority model which would give the City increased oversight,transparency,and cost savings compared to the 501c6 nonprofit. Taskforce Study . . . continued The Convention Center • Convention Center should remain a City asset,and the City should maintain responsibilities for operations, maintenance and capital improvements. • The Convention Center staff,who are'operationally"focused,should remain as city employees. • The CVB should continue to provide sales and marketing services for the Convention Center as is the current arrangement. • As part of an overall agreement between the City and the new Tourism Authority, specific Convention Center sales and marketing deliverables would be established. The deliverables will include detailed key performance indicators(KPI's)which must be achieved. December 1, 2020 18 CITY MANAGER'S BRIEFINGS CONVENTION AND VISITORS BUREAU COMMUNITY TASK FORCE RECOMMENDATIONS ITEM#71062 (Continued) Here is the current organizational structure: AlB Virginia Beach CVB Director �gn4_ VB Convem 71141 Co eting and Center nvention Tourism Se: s Marketing The next several slides provide Authority Model Advantages within Four(4)Areas beginning with Governance: Authority Model Advantages Advantages of the Authority in Four Areas as Recommended by the Taskforce Governance - • Continue a close affiliation with the City government. • Adequate transparency through record keeping, financial, and budget reporting to the City, plus a required annual audit. • Direct City Council participation in selection of the Board of Directors. • Engagement of the private sector in oversight of the DMO through Board of Director representation and creation of a robust committee structure. • Redefine the organization's mission and strategic imperatives. December 1, 2020 19 CITY MANAGER'S BRIEFINGS CONVENTION AND VISITORS BUREAU COMMUNITY TASK FORCE RECOMMENDATIONS ITEM#71062 (Continued) Authority Model Advantages . . . continued Governance - • Allow the private sector an opportunity to contribute to the DMO's success through personal engagement, plus providing new financial contributions and in-kind resources. • Require the CEO and the DMO staff to laser focus on achieving Board established key performance indicators (KPIs). • Develop formal organizational protocols for strategic plans (3-5 years) and tactical plans (annually). • The ability to emulate the successful experience of the Virginia Tourism Authority. The Employees: Authority Model Advantages . . . continued The Employees- • The CEO and Board of Directors will rewrite employee performance policies to assure accountability and achievement of Key Performance Indicators. • More flexibility concerning employee compensation to attract and retain high performance employees.This includes the ability to recruit a new CEO at an adequate compensation level. • Existing employees would continue as members of the Virginia Retirement System(VRS)and the Consolidated Benefit programs available to City employees. December 1, 2020 20 CITY MANAGER'S BRIEFINGS CONVENTION AND VISITORS BUREAU COMMUNITY TASK FORCE RECOMMENDATIONS ITEM#71062 (Continued) Marketing and Sales: Authority Model Advantages . . . continued Marketing and Sales- • Improve the DMO's ability to collaborate, innovate, and act nimbly by maximizing speed-to-market from a marketing, business intelligence, consulting, partner, and sales perspective. • Simplify procurement challenges for complex and/or opportune media buys related to web-based,digital and other timely advertising solutions. • Refocus the DMO group sales effort to reflect the reality of Virginia Beach's current market position. • A new focus by the DMO on the local tourism"product"and"experience"to both improve Virginia Beach customer offerings and better align the destination with emerging consumer trends. Operations and Cost: Authority Model Advantages . . . continued Operations and Cost- • Provide purchasing flexibility by eliminating the City's stringent procurement systems.This new nimbleness and speed-to-market will improve the DMO's ability to successfully negotiate marketing,advertising,consulting,and external vendor agreements. • The Authority also has cost advantages over the 501c6 nonprofit model due to continuing a close affiliation with the City government.These savings include: • Possible cost savings from City provided operational support. • Health insurance could remain with the Consolidated Benefits Plan which offers competitive rates and high-quality coverage for individual employees(an important consideration). • The Authority can take advantage of other employee benefits(EAP,Be Well,vision care,training,etc.)which provide economies-of-scale by remaining within the City's Plans. December 1, 2020 21 CITY MANAGER'S BRIEFINGS CONVENTION AND VISITORS BUREAU COMMUNITY TASK FORCE RECOMMENDATIONS ITEM#71062 (Continued) Here are the Recommended Next Steps for the City Council's Consideration: Recommended Next Steps for the City Council's Consideration Amend the 2021 Legislative Agenda to request that the General Assembly create the Virginia Beach Tourism Authority on December 8,2020. The proposed legislation(modeled on the Virginia Tourism Authority)would: • Establish the Virginia Beach Tourism Authority • Charter a Board of Directors appointed by the City Council. • Allow the Board to hire a CEO who shall employ the required members of the staff. • The powers of the Authority's Board would also include: adopting and amending by- laws,executing contracts,retaining vendors,securing insurance, plus all other necessary management and operational requirements. • The Authority could receive private sector grants and contributions, plus charge fees for activities and services provided by the organization. • The Authority shall be tax exempt. • Exempt the Authority from the Virginia Public Procurement Act. Additional Steps In concert with preparing the proposed Tourism Authority legislation, the staff would: • Author a detailed "CVB Transition Plan and Timeline". • Make recommendation for establishment of a "Transition Committee". • Develop a City supported "Do No Harm" employee transition process. • Determine an Authority funding recommendation for the City Council. • Draft a "Marketing and Coordination Agreement" between the City of Virginia Beach and the future Virginia Beach Tourism Authority. Mayor Dyer expressed his appreciation to Mr. Williams and Mr. Hanbury for the presentation. December 1, 2020 22 CITY MANAGER'S BRIEFINGS LOCAL COVID-19 RELIEF FOR VIRGINL4 AQUARIUM&MARINE SCIENCE CENTER ITEM#71063 4:37P.M. Due to time constraints, this presentation is postponed. December 1, 2020 23 CITY COUNCIL LIAISON REPORTS ITEM#71064 4:38 P.M. There were no City Council Liaison Reports December 1, 2020 24 CITY COUNCIL COMMENTS ITEM#71065 4:39 P.M. Council Member Wooten advised on November 21, 2020, the Ignite Business Series event, "Veterans Unlimited, Opening Doors", was held and expressed her appreciation to Mayor Dyer for attending and making the opening remarks as well as City Council for their support. Council Member Wooten additionally expressed her appreciation to the regional partners who collaborate to provide services and support for veterans. December 1, 2020 25 CITY COUNCIL COMMENTS ITEM#71066 (Continued) Council Member Berlucchi advised he was contacted this week by a business owner in the Holland Plaza Shopping Center who expressed frustration with the requirement for a business to be in operation for two (2)years in order to qualify for the City's small business relief program through LISC. Council Member Berlucchi advised he is pleased to publicly announce, LISC has removed the two (2)year requirement and any business can now apply. Council Member Berlucchi expressed his appreciation to the City staff LISC leadership and the business owner who contacted him. December 1, 2020 26 AGENDA REVIEW SESSION ITEM#71067 4:41 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 2-109 City Code re temporary pay adjustments 2. Ordinance to GRANT a Non-Exclusive Franchise Agreement to SimIS Holdings, LLC re install, operate,and maintain network facilities for telecommunication services in the public streets and rights-of-way 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Ground Lease for approximately 420 square feet right-of-way known as Atlantic Avenue re placement of the Oceanside Marriott Hotel Monument Sign 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-way known as Southern Boulevard, the adjacent City property formerly known as the Norfolk Southern Rail Line, and a 30-foot City utility easement, at 4920 Southern Boulevard re maintain existing 72- inch chain-link fence,chain-link gates, concrete barriers,a gravel area,and two(2)metal tanks 5. Resolution to ESTABLISH a May 31"Memorial Committee, AUTHORIZE the City Manager to solicit proposals for two (2) third party consultants, and TRANSFER$115,000 from the General Fund Reserve for Contingencies to FY2020-21 Cultural Affairs Operating Budget re establish and dedicate a permanent memorial 6. Ordinance to ESTABLISH the Resort Management Office, APPROPRL4TE $1,176,505 of Tourism Investment Program (TIP) Fund Balance, TRANSFER $361,287 and nine (9) FTEs within FY2020-21 Department Operating Budgets, and AUTHORIZE six (6) FTEs re facilitate initiatives at the Resort Area and coordinate City Code enforcement 7. Ordinance to TRANSFER$200,000 from the General Fund Reserve for Contingencies to FY2020- 21 Human Resources Operating Budget re hire a consultant to conduct a market salary survey 8. Resolution to REPLACE the 2006 Resolution re market salary survey guidance 9. Ordinance to ESTABLISH CIP#100557, "Flood Mitigation Assistance Grant Program IV", and ACCEPT and APPROPRIATE $803,061 from Virginia Department of Emergency Management to CIP#100557 re flood mitigation measures at qualifying residential properties 10. Ordinance to APPROPRLATE$300,000 from the Fund Balance of the General Fund re provide special event fee offsets during pandemic public health measures December 1, 2020 27 AGENDA REVIEW SESSION ITEM#71067 (Continued) 11. Resolution to AUTHORIZE the City Manager to EXECUTE a Mutual Aid Agreement for Emergency Fire and Emergency Medical Services with Currituck County,North Carolina I. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO DECEMBER 8,2020 ITEM#3 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL ITEM#5 WILL BE CONSIDERED SEPARATELY December 1, 2020 28 AGENDA REVIEW SESSION ITEM#71067 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. RITA M. WHALEN&MICHAEL J. WHALEN/RITA M. WHALEN REVOCABLE TRUST for a Variance to Section 4.4(b) of the Subdivision Regulations re recordation of a Subdivision Plat to construct a single-family dwelling at an adjacent parcel North of 3652 North Landing Road DISTRICT 7—PRINCESS ANNE 2. ATLANTIC PARK INC. & THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY(VBDA)for Street Closures re various rights-of-way for assemblage of Dome Site property at: a. Portion of South Side of 20`h Street between Pacific and Arctic Avenues b. Portion of South Side of 20t Street between Pacific and Baltic Avenues c. Portion of West Side of Artic Avenue between 19`h& 20`h Streets d. 19`h Street between Pacific and Artic Avenue e. All alleys within the block surrounded by Arctic&Baltic Avenues and 19`h& 20th Streets DISTRICT 6—BEACH 3. CSA VIRGINIA BEACH,LLC/FREEDOM LAND LINVESTMENT, LLC for a Modification of Conditions re indoor recreation facility at 5070 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE(Approved September 6, 2017) 4. BURGER BUSTERS, INC. / BALBOA, LLC for a Modification of Conditions re Special Exception for Alternative Compliance to add decorative feature on building façade and extend drive-through hours at 2902 Pacific Avenue DISTRICT 6—BEACH(Approved May 1, 2018) 5. LIFE IN HIS WORD CHRISTIAN MINISTRIES / JR MOULTON FAMILY, LLC for a Conditional Use Permit re religious use at Indian River Road, between 6620& 6608 Indian River Road, 509 feet East of Sandra Lane DISTRICT 2—KEMPSVILLE 6. BRANDON & SAMANTHA HATHAWAY / BRANDON HATHAWAY & ET AL for a Conditional Use Permit re outdoor recreation facility at 5025 Cullen Road DISTRICT 4—BAYSIDE 7. ROSETTA DENISE CICONTA & KYRUS-PERROS, LLC for a Conditional Use Permit re assembly use at 2014 Atlantic Avenue DISTRICT 6—BEACH 8. KENDYL TEAGUE/STEWART INVESTMENTS,LLC for a Conditional Use Permit re beauty salon 613 North Lynnhaven Road DISTRICT 5—LYNNHAVEN December 1, 2020 29 AGENDA REVIEW SESSION ITEM#71067 (Continued) 9. GREG S.HORVATH/GREG S. & CAROLYN M.HORVATH fora Conditional Use Permit re home occupation at 2321 Vaughan Road DISTRICT 7—PRINCESS ANNE J.PLANNING ITEMS: COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#1 COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#2 COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#5 ITEM#6 WILL BE CONSIDERED SEPARATELY December 1, 2020 30 ITEM#71068 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). • Beach District • Beach District PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Dominion Energy Atlantic Substation Retirement 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 December 1, 2020 31 ITEM#71068 (Continued) Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council voted to proceed into CLOSED SESSION at 4:51 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse Break 4:51 P.M. —5:00 P.M. Closed Session 5:00 P.M. —5:53 P.M. *Council Member Moss stepped out during the Publicly Held Property—Beach District and Public Contract—Dominion Energy Atlantic Substation Retirement discussions(4:55 P.M.—5:08 P.M.) December 1, 2020 32 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL DECEMBER 1, 2020 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Virginia Beach Convention Center, Suite 5, on Tuesday, December 1, 2020, 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, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse INVOCATION: Council Member Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. December 1, 2020 33 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 identifi,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. December 1, 2020 34 ITEM— VILE CERTIFICATION ITEM#71069 Upon motion by Council Member Moss, seconded by Council Member Tower, 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: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse *Council Member Moss stepped out during the Publicly Held Property—Beach District and Public Contract—Dominion Energy Atlantic Substation Retirement discussions (4:55 P.M.—5:08 P.M.) December 1, 2020 4. S4G„NlA B@qc r n Z *'1' \ 0.6 t' OF OUR OR"O ' RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#71068 Page 31 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. IliA A TIC B,rn", MMC City Clerk December 1, 2020 35 ITEM— VILF MINUTES ITEM#71070 Upon motion by Council Member Wilson,seconded by Council Member Wooten, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 10,2020 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 36 ITEM— VII.F MINUTES ITEM#71071 Upon motion by Council Member Wilson,seconded by Council Member Wooten, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 17,2020 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 37 ITEM— VII.G.1 PUBLIC HEARINGS ITEM#71072 Mayor Dyer DECLARED a PUBLIC HEARING.• DECLARATION AND SALE OF EXCESS CITY PROPERTY Approximately 2.812 acres at the intersection of Princess Anne and South Witchduck Road(formerly Kempsville Road) 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 December 1, 2020 38 ITEM— VILG.2a-e PUBLIC HEARINGS ITEM#71073 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED PROPERTY TAX EXEMPTIONS a. East Coast Volleyball Club b. Hospice and Palliative Care of Tidewater c. Luv All Warriors, Inc. d. One Step Ministries e. The Pink Ride, Inc. f Trails of Purpose 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 December 1, 2020 39 ITEM— VILI. FORMAL SESSION AGENDA ITEM#71074 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three (3)minutes on each item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items:Agenda Items Ordinances/Resolutions I: 1, 2, 3, 4, 6, 7, 8, 9, 10 and 11 and Planning Items J: 2 a/b/c/d/e, 3, 4, 5, 7, 8 and 9 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions I: 1 (DEFERRED TO DECEMBER 8, 2020), 2, 3(DEFERRED INDEFINITELY),4, 6, 7, 8, 9, 10 and 11 and Planning Items J:1,2 a/b/c/d/e,3,4, 5, 7, 8 and 9 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse I. ORDINANCES/RESOLUTIONS: ITEM#5 WILL BE CONSIDERED SEPARATELY J. PLANNING ITEMS: COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#1 COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#2 COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#5 ITEM#6 WILL BE CONSIDERED SEPARATELY December 1, 2020 40 ITEM— VII.I.1 ORDINANCES/RESOLUTIONS ITEM#71075 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council DEFERRED TO DECEMBER 8,2020,BY CONSENT, Ordinance to AMEND Section 2-109 City Code re temporary pay adjustments Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 41 ITEM— VILL2 ORDINANCES/RESOLUTIONS ITEM#71076 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Non-Exclusive Franchise Agreement to SimIS Holdings, LLC re install, operate,and maintain network facilities for telecommunication services in the public streets and rights-of-way Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, OPERATE AND 3 MAINTAIN NETWORK FACILITIES FOR 4 TELECOMMUNICATION SERVICES IN THE 5 CITY'S PUBLIC STREETS AND RIGHTS-OF- 6 WAY TO SIMIS HOLDINGS, LLC (SIMIS) 7 8 WHEREAS, SimIS Holdings, LLC, a Virginia limited liability company 9 ("SimIS"), builds and operates fiber networks and related communication 10 services; 11 12 WHEREAS, SimIS desires to enter into a nonexclusive franchise 13 agreement (the "Franchise") with the City of Virginia Beach (the "City") to use 14 and occupy the City's public streets and rights-of-way; 15 16 WHEREAS, the Franchise would allow SimIS to install, operate and 17 maintain a fiber optic cable for the purpose of connecting to a data center/ 18 cable landing center in Corporate Landing; 19 20 WHEREAS, SimIS is simultaneously seeking to purchase property from 21 Virginia Beach Development Authority at Corporate Landing Business Park 22 known as 1632 Corporate Landing Parkway; and 23 24 WHEREAS, City staff supports allowing SimIS to use the City's public 25 streets and rights-of-way for the aforesaid purposes, subject to the terms and 26 conditions set forth in the summary of terms attached hereto as Exhibit A, and 27 made a part hereof(the "Summary of Terms"). 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council hereby authorizes the City Manager to execute the 33 Franchise with SimIS for 20 years, in accordance with the Summary of Terms 34 attached hereto as Exhibit A, and made a part hereof, and such other terms, 35 conditions or modifications, as may be acceptable to the City Manager and in a 36 form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 1st day of December , 2020. APPIOV D AS TO CONTENT: APPROVED AS TO LEGALcl'' 1 G7 � SUFFICIENCY': INFO ATION TECHNOLOGY CITY ATTORNEY CA15189 11vbgov.com\dfs 1\appli cati ons\citylaw\cycom 32\wpdocs1do01\p032100671732.docx R-1 November 5, 2020 EXHIBIT A SUMMARY OF TERMS Franchisor: City of Virginia Beach (the "City") Franchisee: SimIS Holdings, LLC, a Virginia limited liability company ("Sim IS") Term: 20 years Location: SimIS may install its facilities underground within City's public streets and rights-of-way, subject to obtaining all required permits from the City's Planning Department. Relocation/Removal: SimIS shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Upon termination of the franchise, SimIS must remove the facilities, or the City may allow the facilities to remain in place and take ownership. Installation: SimIS shall be required to return the public streets and rights- of-way to the same or similar condition existing prior to any work being performed, to the reasonable satisfaction of the City. Minimum Insurance Requirements: Commercial General Liability: $2 Million; Automobile Liability: $1 Million; Pollution Liability: $1 Million; or, in the alternative, Umbrella Coverage of$5 Million. Surety Requirements: $25,000 letter of credit and $50,000 surety bond Indemnity: SimIS shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. Nondiscrimination: The franchise agreement shall include the City's standard provisions, including good faith minority business efforts required by City Code. 42 ITEM— VII.I.3 ORDINANCES/RESOLUTIONS ITEM#71077 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council INDEFINITELY DEFERRED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Ground Lease for approximately 420 square feet right-of-way known as Atlantic Avenue re placement of the Oceanside Marriott Hotel Monument Sign Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 43 ITEM— VII.I.4 ORDINANCES/RESOLUTIONS ITEM#71078 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-way known as Southern Boulevard, the adjacent City property formerly known as the Norfolk Southern Rail Line, and a 30-foot City utility easement, at 4920 Southern Boulevard re maintain existing 72-inch chain- link fence, chain-link gates, concrete barriers, a gravel area, and two (2)metal tanks Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF AN EXISTING CITY 6 RIGHT-OF-WAY KNOWN AS SOUTHERN 7 BOULEVARD, THE ADJACENT CITY 8 PROPERTY FORMERLY KNOWN AS THE 9 NORFOLK SOUTHERN RAIL LINE (GPIN 1467- 10 13-1924),AND AN EXISTING 30' CITY UTILITY 11 EASEMENT, WHICH ARE ALL PART OF THE 12 DEVELOPMENT AT 4920 SOUTHERN 13 BOULEVARD 14 15 WHEREAS, PAPCO, Inc., doing business as World Fuel Services("PAPCO, 16 Inc.") desires to maintain an existing 72" chain-link fence, chain-link gates, concrete 17 barriers, a gravel area and two metal tanks (collectively, the "Encroachments") within the 18 existing City's right-of-way known as Southern Boulevard, the City's 30' utility easement, 19 and the existing City property formerly known as the Norfolk Southern Rail Line 20 (collectively, the "City Property"), which are all a part of the development located at 4920 21 Southern Boulevard; and 22 23 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 24 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 25 the City's property subject to such terms and conditions as Council may prescribe. 26 27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 31 2009 and 15.2-2107, Code of Virginia, 1950, as amended, PAPCO, Inc., its heirs, assigns 32 and successors in title, are authorized to maintain an existing 72" chain-link fence, chain- 33 link gates, concrete barriers, a gravel area and two metal tanks on the City Property, as 34 shown on the map entitled: "ENCROACHMENT EXHIBIT PLAT'A' FOR PAPCO INC. DBA 35 WORLD FUEL SERVICES, INC. VIRGINIA BEACH, VIRGINIA," a copy of which is 36 attached hereto as Exhibit A, and on file in the Department of Public Works and to which 37 reference is made for a more particular description; 38 39 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 40 to those terms, conditions and criteria contained in the Agreement between the City of 41 Virginia Beach and PAPCO, Inc. (the "Agreement"), an unexecuted copy of which has been 42 presented to the Council in its agenda, and will be recorded among the records of the 43 Clerk's Office of the Circuit Court of the City of Virginia Beach; i 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as PAPCO, Inc. and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t 52 day of December , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: • PUBLIC WORKS, REAL ESTATE DAN . HARM Y R SENIOR CITY ATTORNEY CA14652 vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d017\p033\00621018.doc R-1 PREPARED: 10/29/20 2 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 /G 9a day of OC TOE3eR. , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PAPCO, INC., a Virginia corporation f/k/a TANK LINES, INC., a Virginia corporation, ITS 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 "PARCEL B, 2.647 ACRES GPIN NO. 1477-04- 8133," as shown on that certain plat entitled: "RESUBDIVISION OF PARCEL A, RESUBDIVISION OF PROPERTY OF ERNEST L. HUDSON AND PHYLLIS A. HUDSON (D.B. 2690, P. 1901-1902) AND LOTS 10, 11, 12, 13, 14, 15, 16, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 AND THE REMAINING PORTION OF LOTS 39, 40, 41, AND 42, BLOCK 56, EUCLID PLACE (M.B. 4, P. 62) BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA," Scale 1" = 50', dated February 5, 1997 and revised through March 17, 1997, prepared by John E. Sirine and Associates, Ltd., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 258, at page 3, and being further designated, known, and described as 4920 Southern Boulevard, Virginia Beach, Virginia 23462; GPIN: (CITY RIGHT OF WAY - SOUTHERN BOULEVARD - NO GPIN REQUIRED OR ASSIGNED) 1467-13-1924- CITY PROPERTY (NO ADDRESS) 1477-04-8133 (4920 SOUTHERN BOULEVARD) WHEREAS, it is proposed by the Grantee to maintain an existing 72" chain link fence, chain link gates, concrete barriers, a gravel area and two metal tanks, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of an existing City right-of-way known as Southern Boulevard, adjacent City property (GPIN 1467-13-1924), and an existing 30' City utility easement, collectively 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 and sufficiency of which are 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: "ENCROACHMENT EXHIBIT PLAT 'A' FOR PAPCO INC. DBA WORLD FUEL SERVICES, INC. VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 40', dated April 16, 2019, revised through September 13, 2019 and prepared by Rouse-Sirine Associates, Ltd., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 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. 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 by the Grantee that there is an existing City-owned 42-inch water transmission main along Southern Boulevard and running along the southern property line of the property owned by the Grantee and that the City intends, at some time in the near future, to acquire a utility easement (adjacent to the existing 30' City utility easement shown on the aforesaid exhibit) over the 42-inch water transmission line with the Southern Boulevard Water Transmission Main Acquisition Project CIP # 5-804.045. It is further expressly understood and agreed that the City shall have unimpeded access to the fenced in area of Southern Boulevard right-of-way and the 30' City utility easement to operate, maintain and repair its assets at all times. The gate shall either remain unlocked or the City shall be provided an access code or key to enter. It is further expressly understood and agreed that the Grantee may park rolling-stock within the Southern Boulevard right of way, reserved right of way and 30' utility easement shown on the aforesaid exhibit, but must respond immediately to any 3 request by the City to move rolling stock as needed and at no cost to the City. The City shall not be liable for any damages to the Grantee's equipment, assets, or other property parked/located within the aforesaid Southern Boulevard right of way, reserved right of way and 30' utility easement. It is further expressly understood and agreed by the Grantee that, in order to prevent flooding and facilitate proper drainage in this area, the location and maintenance of the Encroachment may not impede or restrict the flow of the adjacent drainage ditch located on the existing City property (GPIN 1467-13-1924). It is further expressly understood and agreed by the Grantee that a shared-use path is planned for the City property (GPIN 1467-13-1924) at some time in the very near future. All encroachments within this area will be required to be removed prior to the beginning of construction of the path. 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. 4 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 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 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 5 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, the said PAPCO, INC., a Virginia corporation f/k/a TANK LINES, INC., a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by Eric Rosenfeldt, its Vice-President. 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. 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 , 2020, 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 6 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 , 2020, 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: PAPCO, INC., a Virginia corporation, formerly known as TANK LINES, INC., a Virginia corporation B (SEAL) Eric Rosenfeldt, Vice-President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this / day of 7 OCAfv Yam/ , 2020, by Eric Rosenfeldt, as Vice-President of PAPCO, INC., a Virginia corporation corporation/k/a TANK LINES, INC., a Virginia corporation. ,`,,,,,,1 I'',,,,,,,,, gAjL . Notary is ° A o vti r Vs sib,? Notary Registration Number: ...... '��` ' OF VIRG o°' My Commission Expires: i\-A Cu 3\ 1 O21 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ./07 i• (ILL SIGNATURE (,�ANA HAR EYER, SENIO CITY ATTORNEY IA( /4-rtc Es DEPAR MENT 8 PARCEL B-1 1 I I 0 20 40 80FEET (M.B. 275, P. 12 & 13) I GPIN 1477-14-2343 1.,..x IN(F) GRAPHIC SCALE x x K ^-� FENCE ON LINE zC I r ,_ FUEL -r0,8' ENC. z v w i p (TANK w �SCn ujN �3 to METAL WAREHOUSE �w a re) Q co cS� w Q- w a BUILDING '+j�,' < 0 r�p] li 0- o i•s q N F— O 03 i j Uj 0:5CO 1.. . � CV �� N J( '�:. O I i I F— 0 I-)��„ Mom. , LEGEND: �I o• _ P. 3 & 4) 0 PIN (F) = PIN FOUND II ?. s�,, II (M.B, . 2584 401K 0 PIN (S) = PIN SET 11 .y I • O 0 LP = LIGHT POLE II TB = TOP OF BANK ; % N D.I. = STORM DRAIN INLET /1 PIV(F) co X X X FENCE ;I LP I - 1.8' ENC. a UG = UNDERGROUND It I 1 I GAS LINE 1I � 3 `t J f U Q^ Q UW = UNDERGROUND ~00 WATERLINE -, D.I. J 0 0 "i o PP .( cr o 0 PP = POWER POLE 'j -j Tr ( j J ^N N w jiFcD =� Zd O � O 1 RROPERTY OF 11 j N 30' 'D Li_' O a } t o o rI ' = 4.2' CO N � TANK L1NES, INC. ;11 w '') d Z ENC. Z w& o h (D.B. 1558 P. 793) Ij w n• w w Q J W w T 0 S O o Nf • PARCELS I/ ° oao - J IE. 2m ' 0° 068 z GPIN 1477-04-8133 ;`j �r N > -= F- < < o 0 ID- (M.B. 258, P. 3 & 4) 1; x m m <� o: co O a II II N O ct ri-t 4t, �"J l ' 1 x Z D.I. �If�� : :;: ��-il r,,>;. GA E i- 3r' ENC. `` )'N J CONCRETE ONE STORY ASPHALT PARKING LOT = BARRIERS (TYP.) FRAME BUILDING i I #4920 Q 020.00' o ENCROACHMENT EXHIBIT PLAT 'A' 41' O" 1, R�� o FOR otl �'� o J1� PAPCO INC. dba WORLD FUEL SERVICES, INC. .* 04-16-2019 z OPAL VIRGINIA BEACH, VIRGINIA 8 JEFFREY D. CAE a AVENUE SCALE" 1'40' A APRIL 18,2019 Lic. No. 2045 ROUSE-SS A E SSOCIATES, LTD. rap D. WIU,I AM LAND SURVEYORS,MAPPING CONSULTANT'S&S.U.E.QUALITY LEVELS"A-D" Q- www.rouse-sinne.com 441G SUR J 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 REVISED: SEPT.13,2019 TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 REVISED: MAY 1,2019 FAX: 757 99-9136 TEL 75 903-4695 J.0.13800-19-034 `` ( � ( '� PARCEL B-1 I , 0 20 40 80FEET (M.B. 275, P. 12 & 13) I x11t ) GPIN 1477-14-2343 GRAPHIC SCALE '` �' FENCE ON LINE w z i r. Q FUEL i x 0,8' ENC. z ,� w,�¢ �L.r (TANK ' wn� n vwi00 � •w N;n M Q - ,11 METAL WAREHOUSE - •--•.-• ! x' < • w a o w n: CI d BUILDING -: '.1 0 M ° o 'n o o� aoir.,, ,a L1.. I N M N o0 N; Tr. t- ". O CO D . _ It • co Ul mmm Ibm 4 ter; + .-.r .t•_ - 0: WO m Q z M� _ � po....� LEGEND: I'1 .. 0. w jit,:;.:__:z_400mc58P. 3 & ) o PIN (F) = PIN FOUND Ir I v+, xl O PIN (S) = PIN SET 1 , . i LP = LIGHT POLE II ,r,,'•..,•. TB = TOP OF BANK D.I. = STORM DRAIN INLET IsI LP PI (F) co X X X ' i g 1.8' ENC. a UG = UNDERGROUND 1 GAS LINE w 0 3 _, .� UW = UNDERGROUND Q ao WATERLINE �� D I o ' + '� o PP 6S ' QJ PP = POWER POLE !% w _ ^ o "7 d' Ij mwco � in � rn ' z Z > > om o II o 't 0 w Da- z Q: < r.O0r) RROPERTY OF I j rl � 30' i.,- w 4.2' CO p a N ~= o o i TANK UNES, INC. If W ") d �- Z EN C. o m N o h (D.B. 1558 P. 793) II cn a CY 0 5 0 0 ¢ w • PARCEL B i1 � o � w < ZWm a68Zz J • W p O GPIN 1477-04-8133 1I c`nv tn o > v D R Q " z 0 (M.B. 258, P. 3 & 4) II . m Q m O< -J Z"j z II O 0 2 st (A.:'Y N U)..>- I, N �.. y� It r I a (n I I !+; _�} Z g, D.I. _ v) ,(1 �111 a �f�a" i" GA E� I• O Y,,>;A• �a 3.6' ENC. L` :riff'{i X I .,4A ' 1- CONCRETE ONE STORY ASPHALT PARKING LOT < BARRIERS (TYP.) FRAME BUILDING 1 i • #4920 020.00' < ENCROACHMENT EXHIBIT PLAT 'A' pYTH OF O FOR o� � Lj�c� R,10�T� PAPCO INC. dba WORLD FUEL SERVICES, INC. 04-16-2019 7, OPAL VIRGINIA BEACH, VIRGINIA 8 JEFFREY 0. CAE AVENUE SCALE: 1•�0' APRIL 18,2019 Lic. No. 2045 ROUSE-STRINE ASSOCIATES, LTD. ffREY D.WW-W-r AM LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS"A-D" ww .rouse-sue,com ` w in 4ND SUR`I - 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 REVISED: SEPT.13,2019 TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 RE VISED: 9 03 2019 FAX:(757)499-9136 TEL(757)903-4695 44 ITEM— VII.I.5 ORDINANCES/RESOLUTIONS ITEM#71079 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jason Nixon, spoke in OPPOSITION Debbie Borato, 112 Preserve Place, Nokomis, FL, Phone: 941-468-2465, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Resolution to ESTABLISH a May 31'Memorial Committee, AUTHORIZE the City Manager to solicit proposals for two (2) third party consultants, and TRANSFER $115,000 from the General Fund Reserve for Contingencies to FY2020-21 Cultural Affairs Operating Budget re establish and dedicate a permanent memorial Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 1 A RESOLUTION ESTABLISHING A 5/31 MEMORIAL 2 COMMITTEE TO LEAD THE PROCESS OF 3 DEDICATING A PERMANENT MEMORIAL AND 4 AUTHORIZING THE CITY MANAGER TO SOLICIT 5 PROPOSALS FOR TWO THIRD-PARTY 6 CONSULTANTS, AND AUTHORIZING A TRANSFER 7 OF $115,000 FROM THE GENERAL FUND RESERVE 8 FOR CONTENGENCIES TO THE FY 2020-21 9 OPERATING BUDGET OF CULTURAL AFFAIRS 10 11 WHEREAS, in light of the tragic events in Virginia Beach on May 31, 2019, the 12 City of Virginia Beach and the community desire to establish and dedicate a permanent 13 memorial to ensure the legacy of the victims and the survivors and to support healing and 14 recovery; 15 16 WHEREAS, to that end, the City's Cultural Affairs Department Director, Emily 17 Labows, and the Recovery Program Manager, Lauren Heath, presented 18 recommendations to the City Council on September 15, 2020 for a process that will result 19 in the dedication of a 5/31 permanent memorial; 20 21 WHEREAS, based on extensive research, staff recommended the establishment 22 of a 5/31 Memorial Committee comprised of key stakeholders to lead the permanent 23 memorial process; 24 25 WHEREAS, the goals of the 5/31 Memorial Committee shall include creating firm 26 protocols; guiding vision and strategy; setting project priorities, goals, and building 27 consensus; leading a transparent process; advocating for the families, survivors, and 28 community; soliciting input from the stakeholders; determining possible locations for the 29 memorial; providing project budgets and mobilizing funding; and leading the solicitation, 30 design process and the memorial dedication; 31 32 WHEREAS, staff recommends that the City Council authorize the City Manager to 33 engage two third-party consultants that will work with the City and the 5/31 Memorial 34 Committee throughout the permanent memorial process: a family and survivor liaison and 35 a public input consultant ("Consultants"); 36 37 WHEREAS, the family and survivor liaison shall be responsible for building 38 relationships with victims' families and survivors, consulting with the families and 39 survivors and relaying information to the 5/31 Memorial Committee, advocating for and 40 representing the families and survivors at committee meeting, and ensuring that the 41 permanent memorial has elements that speak to each of the families, survivors and their 42 loved ones; 43 44 WHEREAS, the public input consultant shall work with the 5/31 Memorial 45 Committee to create opportunities for families, survivors, and the community to provide 46 open and unbiased input that will serve to guide the planning and development of the 47 permanent memorial; and 48 49 WHEREAS, staff believes that the establishment of a 5/31 Memorial Committee 50 and the engagement of the Consultants are vital to ensure an equitable and transparent 51 process that will result in a permanent memorial that is a meaningful reflection of the 52 families and our community. 53 54 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA: 56 57 1 . That City Council hereby authorizes the City Manager to promptly solicit 58 proposals to engage two Consultants, a family and survivor liaison and a public input 59 consultant, and after the solicitations, staff shall review the proposals and report the 60 results of the solicitations to the City Council, including recommendations and proposed 61 costs, so that the City Manager can award two Consultant contracts based upon the City 62 Council's recommendation; 63 64 2. That the City Council hereby establishes the 5/31 Memorial Committee; 65 66 3. That the 5/31 Memorial Committee shall serve in an advisory capacity to 67 the City Council; 68 69 4. That the family and survivor liaison Consultant shall provide professional 70 guidance to the City Council as to the make-up of the 5/31 Memorial Committee, and the 71 City Council shall thereafter appoint the members of the 5/31 Memorial Committee; 72 73 5. That the goals of the 5/31 Memorial Committee shall be to establish a 74 permanent memorial in an equitable and transparent manner, to work closely with all 75 stakeholders, and to establish consensus for the process; 76 77 6. That the 5/31 Memorial Committee shall provide a progress report to the 78 City Council no later than the last City Council meeting in June 2021; and 79 80 7. To allow the execution of the contracts with the Consultants, after City staff 81 reports the results of the solicitations to City Council and the City Council has provided 82 guidance on selection of the Consultants, City Council authorizes a transfer of$115,000 83 from the General Fund Reserve for Contingencies to the FY 2020-21 Operating Budget 84 of the Department of Cultural Affairs. 85 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of December , 2020. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: I � ll I f 11/4_ Cult�rat Affa nt Office of E ncy Management APPROVED AS TO LEGAL SUFFICIENCY: / PW /4 City Attomey's Office — --- -- CA-15166 R-4 November 19, 2020 45 ITEM— VIL.L6 ORDINANCES/RESOLUTIONS ITEM#71080 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH the Resort Management Office, APPROPRL4TE $1,176,505 of Tourism Investment Program (TIP) Fund Balance, TRANSFER $361,287 and nine (9) FTEs within FY2020-21 Department Operating Budgets, and AUTHORIZE six(6)FTEs re facilitate initiatives at the Resort Area and coordinate City Code enforcement Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 1 AN ORDINANCE TO ESTABLISH THE RESORT 2 MANAGEMENT OFFICE, TO APPROPRIATE FUND 3 BALANCE OF THE TOURISM INVESTMENT 4 PROGRAM, TO TRANSFER FUNDS AND FTES 5 WITHIN THE FY 2020-21 OPERATING BUDGET, AND 6 TO AUTHORIZE FTES FOR THE RESORT 7 MANAGEMENT OFFICE AND TO SUPPORT THE 8 RESORT MANAGEMENT OFFICE'S ACTIVITIES 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA THAT: 12 13 1) The Resort Management Office is hereby established, and for purposes of budgeting, 14 the Resort Management Office is located within the Tourism Investment Program. 15 16 2) $1,176,505 of Tourism Investment Program fund balance is hereby appropriated, 17 with specific fund reserve revenue increased accordingly to support the Resort 18 Management Office. 19 20 3) $361 ,287 is hereby transferred from the debt service account of the General Fund to 21 the FY 2020-21 Operating Budgets of Housing and Neighborhood Preservation and 22 Planning and Community Development to support the additional authorized FTEs. 23 24 4) Two FTEs, one Resort Administrator and one Administrative Specialist II, are hereby 25 authorized within the Tourism Investment Program for the operation of the Resort 26 Management Office. 27 28 5) One FTE, a Zoning Inspector, is hereby authorized in the Department of Planning 29 and Community Development. 30 31 6) Three FTEs, two Homeless Systems Coordinators and one Code Inspector, are 32 hereby authorized in the Department of Housing and Neighborhood Preservation. 33 34 7) The amount appropriated within the Resort Programs and Special Events Division of 35 the FY 2020-21 Operating Budget of the Convention and Visitors Bureau and eight 36 FTEs located in such division are hereby transferred to the Resort Management 37 Office. 38 39 8) One FTE is hereby transferred from the Convention and Visitor's Bureau's Resort 40 Programs & Special Events Division to the General Fund Operating Budget of the 41 Department of Planning and Community Development. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 S t day of December , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services • 's Office CA15282 R-2 November 17, 2020 46 ITEM— VILL 7 ORDINANCES/RESOLUTIONS ITEM#71081 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $200,000 from the General Fund Reserve for Contingencies to FY2020-21 Human Resources Operating Budget re hire a consultant to conduct a market salary survey Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 THE DEPARTMENT OF HUMAN RESOURCES TO HIRE A 4 CONSULTANT TO CONDUCT A MARKET SALARY 5 SURVEY 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 8 OF VIRGINIA BEACH, THAT: 9 10 1. $200,000 is hereby transferred from the General Fund Reserve for Contingencies 11 to the Department of Human Resources' FY 2020-21 Operating Budget to hire a 12 consultant to conduct a market salary survey; and 13 14 2. If the cost to hire a consultant exceeds $200,000, the City Manager shall inform 15 City Council of any additional costs prior to the execution of a contract and make 16 a formal request for additional funding. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day of December , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- , (� Budget & Management Services City y' i e CA15279 R-1 November 17, 2020 47 ITEM— VII.L8 ORDINANCES/RESOLUTIONS ITEM#71082 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to REPLACE the 2006 Resolution re market salary survey guidance Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 1 A RESOLUTION TO REPLACE THE 2006 2 RESOLUTION REGARDING THE MARKET 3 SALARY SURVEY AND TO PROVIDE GUIDANCE 4 FOR SUCH SURVEY 5 6 WHEREAS, the citizens of Virginia Beach are greatly served by the City's ability 7 to hire and retain highly qualified employees; 8 9 WHEREAS, the City has experienced the need for multiple and/or extended 10 recruitments to obtain a high caliber candidate pool; 11 12 WHEREAS, the City should be aware of trends in compensation and total rewards; 13 14 WHEREAS, the City Council adopted a resolution in 2006 to guide the priorities 15 for a market salary survey and public safety salaries; and 16 17 WHEREAS, the City has not formally implemented a market salary survey since 18 2011. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The 2006 Resolution is hereby replaced with this Resolution. 24 25 BE IT FURTHER RESOLVED, THAT: 26 27 The City Manager is hereby authorized to perform market salary surveys and 28 directed to incorporate the following considerations into the implementation of future 29 market salary surveys: 30 31 1 . To minimize creation of new salary compression below the midpoint of the 32 City's pay ranges, employee pay adjustments shall be provided to allow for a 33 pay increase when salary ranges are increased; 34 35 2. Pay adjustments shall be implemented in a manner that will allow greater use 36 of funds among positions showing the greatest need based on market data, 37 turnover, recruitment issues, and other factors determined to be critical by the 38 City Manager; 39 40 3. Organizations within Hampton Roads, such as Virginia Beach City Public 41 Schools, Hampton Roads Sanitation District, and relevant private sector 42 organizations may be included as survey participants in addition to surrounding 43 localities; 44 45 4. Organizations and localities outside of Hampton Roads may be included in 46 market salary surveys, with appropriate adjustment made for differences in the 47 cost of living; 48 49 5. Salary surveys should include factors that impact total compensation, and 50 implementation of employee salary adjustments should be made with a total 51 compensation focus. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day of December , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Human Resources i Attorn y's Office CA15280 R-1 November 17, 2020 48 ITEM— VIL.I.9 ORDINANCES/RESOLUTIONS ITEM#71083 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH CIP#100557, "Flood Mitigation Assistance Grant Program IV", and ACCEPT and APPROPRIATE $803,061 from Virginia Department of Emergency Management to CIP#100557 re flood mitigation measures at qualifying residential properties Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 #100557, "FLOOD MITIGATION ASSISTANCE GRANT 3 PROGRAM IV," AND TO ACCEPT AND APPROPRIATE 4 $803,061 FROM THE VIRGINIA DEPARTMENT OF 5 EMERGENCY MANAGEMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) Capital Project #100557 "Flood Mitigation Assistance Grant Program IV" is hereby 11 established in the FY 2020-21 Capital Improvement Program; and 12 13 2) $803,061 in federal pass through revenue is hereby accepted from the Virginia 14 Department of Emergency Management and appropriated, with federal revenue 15 increased accordingly, to CIP # 100557 in furtherance of the 2019 Flood Mitigation 16 Assistance Program, for flood mitigation measures at qualifying residential 17 properties. Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s r day of December 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services Ci r Office CA15278 R-1 November 17, 2020 49 ITEM— VII.I.10 ORDINANCES/RESOLUTIONS ITEM#71084 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $300,000 from the Fund Balance of the General Fund re provide special event fee offsets during pandemic public health measures Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO APPROPRIATE $300,000 2 FROM THE FUND BALANCE OF THE GENERAL 3 FUND TO PROVIDE SPECIAL EVENT FEE 4 OFFSETS 5 6 WHEREAS, in the FY2013-14 Operating Budget, the City Council adopted a 7 resolution directing the City Manager to collect amounts for City services necessary for 8 special events; 9 10 WHEREAS, some promoters of special events —such as road races—are required 11 to drastically reduce the number of participants for such events to comply with applicable 12 pandemic public health measures; 13 14 WHEREAS, such events are a public amenity that increases visitation and 15 business in the Resort and throughout the City; 16 17 WHEREAS, the City Council supports the use of the funds reserved for Pandemic 18 Relief to promote special events by providing an offset for the City services fees; 19 20 NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 23 $300,000 is hereby appropriated from the fund balance of the General Fund from 24 such amounts reserved for Pandemic Relief to provide offsets for City services required 25 for special events. Such offsets shall be available from the date of adoption to special 26 events on a first-come first-serve basis, and the amount available for a single event shall 27 not exceed 20% of the $300,000. The offset shall not be available for special events that 28 occur after the pandemic public health measures have ended. Upon the exhaustion of 29 this funding, the City Manager is directed to provide a report to the City Council regarding 30 the special events that received the offsets authorized herein and, if the City Manager 31 finds this program to be sufficiently efficacious to increase economic activity and 32 visitation, request an additional appropriation from the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1st day of December , 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: ity A rney's Office CA15275/ R-1 / November 12, 2020 50 ITEM— VII.I.11 ORDINANCES/RESOLUTIONS ITEM#71085 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the City Manager to EXECUTE a Mutual Aid Agreement for Emergency Fire and Emergency Medical Services with Currituck County,North Carolina Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A MUTUAL AID AGREEMENT FOR 3 EMERGENCY FIRE AND EMERGENCY MEDICAL 4 SERVICES BETWEEN THE CITY OF VIRGINIA BEACH 5 AND CURRITUCK COUNTY, NORTH CAROLINA 6 7 8 WHEREAS, Code of Virginia Section 27-2 authorizes local governments to enter 9 into mutual aid agreements for emergency fire and emergency medical services with 10 adjoining counties outside the Commonwealth; 11 12 WHEREAS, the City of Virginia Beach and Currituck County, North Carolina 13 maintain equipment and personnel for emergency fire and emergency medical response 14 within their respective jurisdictions, as well as, for the protection of adjacent 15 communities in other jurisdictions; 16 17 WHEREAS, the proximity of the Virginia Beach Emergency Medical Services and 18 the Virginia Beach Fire Department makes it the appropriate primary responder to the 19 Gibbs Woods area of Currituck County, and the location of the Currituck County 20 Emergency Medical Services and Fire Department makes it the appropriate primary 21 responder to the Knotts Island area of Virginia Beach; 22 23 WHEREAS, the City of Virginia Beach and Currituck County are each cognizant 24 of the benefits they will derive from a mutual aid agreement for emergency medical 25 services assistance; and 26 27 WHEREAS, the City of Virginia Beach and Currituck County desire to 28 memorialize their relationship and their respective responsibility as they relate to the 29 providing of fire and emergency medical services assistance in a Mutual and Automatic 30 Aid Agreement (the "Agreement"). 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 1. That the Mutual and Automatic Aid Agreement for fire and emergency 36 medical services (the "Agreement") is hereby approved. 37 38 2. That the City Manager is hereby authorized and directed to execute said 39 Agreement on behalf of the City of Virginia Beach in accordance with the Summary of 40 Terms attached hereto. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day 43 of December , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emerge ical Services City A o Office -lq APPROVED AS TO CONTENT: Fire Department CA15254 R-1 October 26, 2020 MUTUAL AND AUTOMATIC AID AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES ASSISTANCE BETWEEN THE CITY OF VIRGINIA BEACH, VIRGINIA AND CURRITUCK COUNTY, NORTH CAROLINA THIS AGREEMENT, made and entered into this day of , 2020 by and between the CITY OF VIRGINIA BEACH, VIRGINIA and CURRITUCK COUNTY, NORTH CAROLINA, IN ACCORDANCE WITH THE PROVISIONS OF Code of Virginia §27-2, and Article 20, Chapter 160A of the General Statutes of North Carolina; and WHEREAS, each of the parties hereto maintains equipment and personnel for fire, emergency medical and rescue services responses within its own areas; and WHEREAS, the parties hereto desire to augment this emergency response availability in their respective areas; and WHEREAS, the lands or districts of the parties hereto are adjacent or contiguous so that mutual assistance in an emergency is deemed feasible; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to this Agreement to render assistance to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the parties do hereby agree as follows: 1) The rendering of assistance under the terms of this Agreement shall be accomplished in accordance with detailed plans and procedures of operation drawn and agreed to be the technical heads of the Fire and Emergency Medical Services (EMS) departments involved. 2) Whenever it is deemed advisable by the senior officer of the department belonging to a party to this Agreement, or by the senior officer of such department actually present at an emergency scene to request fire or emergency medical assistance under the terms of this Agreement he/she is authorized to do so, and the senior officer on duty of the department receiving the request shall forthwith take the following action: Mutual Aid Agreement for Fire and Emergency Medical Services City of Virginia Beach,VA and Currituck County,NC a. Immediately determine if the requested apparatus and personnel are available to respond to the call. b. In accordance with the terms of this Agreement, forthwith dispatch such apparatus and personnel as in the judgment of the senior officer receiving the call could be sent. 3) The City of Virginia Beach Departments of Fire and EMS shall be the primary responder for fire, emergency medical and other emergent responses to the Currituck County area of Gibbs Woods. 4) The City of Virginia Beach Departments of Fire and EMS shall be the secondary responder for fire, emergency medical and other emergent responses to the Currituck County area of Knotts Island. 5) The Currituck County Department of Fire-EMS shall automatically be dispatched for fire, emergency medical and other emergent responses assistance on the northern end, the Virginia Beach section, of Knotts Island. 6) The Currituck County Department of Fire-EMS shall be the secondary responder for emergency medical services south of the 600 block of Princess Anne Road and may respond beyond these boundaries at the request of the City of Virginia Beach. 7) The Knotts Island Volunteer Fire Department shall: a. Automatically be dispatched for fire, emergency medical and other emergent responses assistance on the northern end, the Virginia Beach section, of Knotts Island. b. Be the secondary responder for fire suppression, vehicle extrication and other emergent responses assistance south of the 600 block of Princess Anne road, and may respond beyond these boundaries at the request of the City of Virginia Beach. 2 Mutual Aid Agreement for Fire and Emergency Medical Services City of Virginia Beach,VA and Currituck County,NC 8) The senior officer of the department requesting service shall assume full charge of the operations. However, under procedures agreed to by technical heads of the departments involved, a senior officer of the department furnishing the assistance may assume responsibility for the coordination of the overall operation. 9) The various officers and personnel of the Fire and EMS departments of the parties to this Agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours consistent with local security requirements and, as feasible, to jointly conduct pre-fire planning inspections, drills, and training. 10) Each party hereto waives all claims against the other party for compensation for any loss, damage,personal injury, or death, which may arise out of the activities of the other party outside their respective jurisdiction. 11) It is understood and agreed that at all times the responding party's employees are employees of the responding party and not employees of the requesting party. The responding party's employees shall not receive any employee benefits from the requesting party. 12) The responding party shall ensure that the responding party's employees are covered, during the time the responding party's employees are providing services within the territorial jurisdiction of the requesting party,by the Workman's Compensation insurance which the responding party regularly provides to its employees pursuant to its policies. 13) To the extent authorized by law, each party hereto agrees to indemnify and save harmless the other party for all claims by third parties for property damage or personal injury, which may arise out of the activities of the other party outside their respective jurisdiction. 3 Mutual Aid Agreement for Fire and Emergency Medical Services City of Virginia Beach,VA and Currituck County,NC 14) The parties hereto acknowledge the provisions of Virginia Code §27-2 are applicable to the provisions of this Agreement and each party hereto agrees as a condition of the Agreement that an ordinance or resolution by its governing body meeting to the requirements of§27-2 shall be enacted before this Agreement may enter into force. 15) This Agreement shall not be modified or amended except in writing signed by the parties. 16) This Agreement shall become effective upon the date hereof and shall remain in full force and effect until canceled by mutual agreement of the parties hereto or by written notice by one party to the other party with sixty (60) days' notice of said cancellation. 4 Mutual Aid Agreement for Fire and Emergency Medical Services City of Virginia Beach,VA and Currituck County,NC IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA By Patrick A. Duhaney, City Manager City of Virginia Beach Attest: By Amanda Barnes, City Clerk City of Virginia Beach 5 Mutual Aid Agreement for Fire and Emergency Medical Services City of Virginia Beach,VA and Currituck County,NC IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CURRITUCK COUNTY, NORTH CAROLINA By Bob White Chairman, Board of Commissioners Attest: By Sandra Hill, Finance Officer This instrument has been pre-audited to the requirements of the Local Government Budget and Fiscal Control Act. 6 Mutual Aid Agreement for Fire and Emergency Medical Services City of Virginia Beach,VA and Currituck County,NC CITY OF VIRGINIA BEACH, VIRGINIA Approved as to content: By Ed Brazle EMS Chief, City of Virginia Beach By David Hutcheson Fire Chief, City of Virginia Beach Approved as to legal sufficiency: By Jessica C. Koepf Public Safety Attorney, City of Virginia Beach CURRITUCK COUNTY, NORTH CAROLINA Approved as to content: By Ralph Melton Fire& EMS Chief, Currituck County, NC Approved as to legal sufficiency: By Donald McRee, Jr. County Attorney, Currituck County, NC 7 AGREEMENT FOR MUTUAL AID EMERGENCY MEDICAL SERVICES ASSISTANCEBETWEEN THE CITY OF VIRGINIA BEACH, VA AND CURRITUCK COUNTY,NC SUMMARY OF TERMS PARTIES: City of Virginia Beach (the "City") Currituck County,NC ("Currituck") PURPOSE OF AGREEMENT: To augment emergency response availability in the Gibbs Woods or Knotts Island area of Currituck County/Virginia Beach and the area of Virginia Beach south of Indian River Road and North Landing Road to Muddy Creek and Back Bay to the North Carolina border. TERM OF AGREEMENT: From date of execution until terminated by either party with 60 days written notice. RESPONSIBILITIES OF CURRITUCK: • Shall be primary responder for emergency medical services ("EMS") for Virginia Beach area of Knotts Island. • Shall be secondary responder for EMS for rural area of Virginia Beach south of Indian River Road from North Landing to Muddy Creek and Back Bay extending to the North Carolina border. RESPONSIBILITIES OF THE CITY: • Shall be primary responder for emergency fire and medical calls for service to the Currituck County area of Gibbs Woods • Shall be secondary responder for emergency fire and medical calls for service to Currituck County area of Knotts Island. SPECIAL TERMS AND CONDITIONS: Insurance: Each party shall be responsible for meeting any insurance requirements. Liability: Each party agrees to hold the other harmless. Virginia Code § 27- 2 expressly states that the parties must indemnify each other. 51 ITEM— VII.J.1 PLANNING ITEM#71086 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of RITA M. WHALEN&MICHAEL J. WHALEN/RITA M. WHALEN REVOCABLE TRUST for a Variance to Section 4.4(b) of the Subdivision Regulations re recordation of a Subdivision Plat to construct a single-family dwelling at an adjacent parcel North of 3652 North Landing Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RITA M. WHALEN& MICHAEL J. WHALEN/RITA M. WHALEN REVOCABLE TRUST for a Variance to Section 4.4(b)of the Subdivision Regulations re recordation of a Subdivision Plat to construct a single- family dwelling at an adjacent parcel North of 3652 North Landing Road (GPIN 1483673542)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision Plat of Ruth B. Wilson," revised June 20, 2020, and prepared by Michael W.Murphy, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 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 Isl day of December Two Thousand Twenty. Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Aaron R. Rouse December 1, 2020 a) 00 v= .4,. 00 3 0 ca or 04 N tp lk CO Cs el /ill\ 1 ` �, 0 `� `� 2 d , tam N ts'� to r../ AL__ \\\\\ 0 tV---'''11---4.400 \\ 4 44:7/ -- -----"I'-riioii.---- 0 T., 0 fe.,.'/ \ 0.. „,,, co ...., c. to\ - i,,y Cli' ''..%. .,.,._ 4-4,e, * 15E3 I)) \ (o' N '�Ce„ d d en:a:any uoIsuiAA �t 0 700 'zs \\ r d �/ N_ N n c 7 T 0 N 0 O 0- O- CJ :N , Oi\v_IX3 52 ITEM— VILJ.2 PLANNING ITEM#71087 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of ATLANTIC PARK INC. & THE CITY OF VIRGINL4 BEACH DEVELOPMENT AUTHORITY (VBDA) for Street Closures re various rights-of-way for assemblage of Dome Site property at: a. Portion of South Side of 20`"Street between Pacific and Arctic Avenues b. Portion of South Side of 20t Street between Pacific and Baltic Avenues c. Portion of West Side of Artic Avenue between 10&20`"Streets d. 10 Street between Pacific and Artic Avenue e. All alleys within the block surrounded by Arctic&Baltic Avenues and 10&20`"Streets DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ATLANTIC PARK INC. & THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA)for Street Closures re various rights-of-way for assemblage of Dome Site property at: a. Portion of South Side of 20t Street between Pacific and Arctic Avenues b. Portion of South Side of 20t Street between Pacific and Baltic Avenues c. Portion of West Side of Artic Avenue between 10& 20th Streets d. 10 Street between Pacific and Artic Avenue e. All alleys within the block surrounded by Arctic&Baltic Avenues and 10 & 20t"Streets DISTRICT 6—BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. However, no purchase price shall be charged for this street closure because the City of Virginia Beach Development Authority is an applicant seeking this street closure. 2. The applicant, or the applicant's successors or assigns,shall resubdivide the properties and vacate internal lot lines to incorporate the closed areas into the adjoining parcels. The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. Said plats shall include the dedication of a public drainage easement over the closed portions of the alley or lanes to the City of Virginia Beach if it is determined by the Department of Public Works to be necessary, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress December 1, 2020 53 ITEM— VII.J.2 PLANNING ITEM#71087 (Continued) 3. The applicant shall submit a Traffic Impact Study("TIS') and Site Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the street closure. Based upon the results of the Traffic Engineer's analysis of the TIS and Site Distance Analysis, the applicant shall, if necessary, adjust or modify the areas proposed for closure to areas no greater than what is described herein and shown on the exhibit attached hereto, subject to the approval by the Department of Public Works. 4. The applicant shall, in accordance with the Public Utilities Design Standards Manual and to the extent agreed upon by the City, abandon all public water and sanitary sewer infrastructure within the area of 19`"Street to be closed. 5. The applicant shall cause to be relocated public water and sanitary sewer infrastructure adjacent to the areas to be closed along or within 201"Street and Arctic Avenue if determined by the City that the said infrastructure will be impacted by the street closure in a way that causes the location of the infrastructure, in relation to improvements proposed by the applicant, to present an unacceptable risk to the City or the City's ability to maintain said infrastructure. 6. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the rights-of-way proposed for the closure.Ifprivate utilities do exist, easements satisfactory to the utility company, must be provided. 7. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the IS` day of December Two Thousand Twenty. December 1, 2020 54 ITEM— VILJ.2 PLANNING ITEM#71087 (Continued) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: Aaron R. Rouse December 1, 2020 1 ORDINANCE APPROVING APPLICATION OF ATLANTIC 2 PARK, INC. AND THE CITY OF VIRGINIA BEACH 3 DEVELOPMENT AUTHORITY FOR THE CLOSURE OF A 4 PORTION OF THE SOUTH SIDE OF 20TH STREET 5 BETWEEN PACIFIC & ARCTIC AVENUES; A PORTION 6 OF THE SOUTH SIDE OF 20TH STREET BETWEEN 7 ARCTIC & BALTIC AVENUES AND A PORTION OF THE 8 WEST SIDE OF ARCTIC AVENUE BETWEEN 19TH & 9 20TH STREETS 10 11 WHEREAS, Atlantic Park, Inc. and the City of Virginia Beach Development 12 Authority (the "Applicants") applied to the Council of the City of Virginia Beach, Virginia, 13 to have the hereinafter described portions of rights-of-way discontinued, closed, and 14 vacated; and 15 16 WHEREAS, it is the judgment of the Council that said right-of-way be 17 discontinued, closed, and vacated, subject to certain conditions having been met on or 18 before one (1) year from City Council's adoption of this Ordinance. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 SECTION I 24 25 That the hereinafter described portions of rights-of-way (the "Rights-of-Way") be 26 discontinued, closed and vacated, subject to certain conditions being met on or before 27 one (1) year from City Council's adoption of this ordinance: 28 29 AREA ONE (Total of 3,260 Sq. Ft. / 0.07 Ac.): 30 ALL THAT certain piece or parcel of land situate, lying and being 31 in the City of Virginia Beach, Virginia, designated and described as 32 "5' ABOVEGROUND STREET CLOSURE 1,010 S.F. (0.02 AC.)", 33 shown as the hatched area on Sheet 1 of that certain street 34 closure exhibit entitled: "ATLANTIC PARK VIRGINIA BEACH 35 VIRGINIA", dated October 22, 2020, prepared by Kimley Horn, a 36 copy of which is attached hereto as Exhibit A. 37 38 ALL THAT certain piece or parcel of land situate, lying and being 39 in the City of Virginia Beach, Virginia, designated and described as 40 "4.5' UNDERGROUND STREET CLOSURE 2,250 S.F. (0.05 41 AC.)", shown as the shaded area on Sheet 1 of the aforesaid 42 Exhibit A. 43 44 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY 45 (Adjacent GPINs: 2427-17-0853, 2427-07-7707, 46 2427-07-6990, 2427-07-6808, 2427-07-5863, 47 2427-07-5737, 2427-07-4883, 2427-07-4757, 48 2427-07-4802, 2427-07-3767 and 2427-07-2890) 49 AREA TWO (Total of 2,742 Sq. Ft. / 0.06 Ac.): 50 ALL THAT certain piece or parcel of land situate, lying and being in 51 the City of Virginia Beach, Virginia, designated and described as 52 "11.4' ABOVEGROUND STREET CLOSURE AREA 2,333 S.F. 53 (0.05 AC.)", shown as a hatched area on Sheet 2 of the aforesaid 54 Exhibit A. 55 56 ALL THAT certain piece or parcel of land situate, lying and being in 57 the City of Virginia Beach, Virginia, designated and described as "2' 58 UNDERGROUND STREET CLOSURE AREA 409 S.F. (0.01 AC.)", 59 shown as a shaded area on Sheet 2 of the aforesaid Exhibit A. 60 61 AREA THREE (Total of 5,800 Sq. Ft./0.13 Ac.): 62 ALL THAT certain piece or parcel of land situate, lying and being in 63 the City of Virginia Beach, Virginia, designated and described as 64 "VARIABLE WIDTH ABOVEGROUND STREET CLOSURE 1,750 65 S.F. (0.04 AC.)", shown as a hatched area on Sheet 2 of the 66 aforesaid Exhibit A. 67 68 ALL THAT certain piece or parcel of land situate, lying and being in 69 the City of Virginia Beach, Virginia, designated and described as 70 "8.1' UNDERGROUND STREET CLOSURE 4,050 S.F. (0.09 AC.)", 71 shown as a shaded area on Sheet 2 of the aforesaid Exhibit A. 72 73 SECTION II 74 75 The following conditions must be met on or before one (1) year from City 76 Council's adoption of this ordinance: 77 78 1. The City Attorney's Office will make the final determination regarding 79 ownership of the underlying fee. The purchase price to be paid to the City is 80 normally determined according to the "Policy Regarding Purchase of City's 81 Interest in Streets Pursuant to Street Closures," approved by City Council. 82 However, no purchase price shall be charged for this street closure because 83 the City of Virginia Beach Development Authority is an applicant seeking this 84 street closure. 85 86 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide 87 the properties and vacate internal lot lines to incorporate the Rights-of-Way 88 into the adjoining parcels. The resubdivision plats must be submitted and 89 approved for recordation prior to the final street closure approval. Said plats 90 shall include the dedication of a public drainage easement over the Rights- 91 of-Way to the City if it is determined by the Department of Public Works to be 92 necessary, subject to the approval of the Department of Public Works, and 93 the City Attorney's Office, which easement shall include a right of reasonable 94 ingress and egress. 95 3. The Applicants shall submit a Traffic Impact Study ("TIS") and Site Distance 96 Analysis to be reviewed by the Traffic Engineer for the Department of Public 97 Works prior to the final approval of the street closure. Based upon the results 98 of the Traffic Engineer's analysis of the TIS and Site Distance Analysis, the 99 Applicants shall, if necessary, adjust or modify the areas proposed for 100 closure to areas no greater than what is described herein and shown on the 101 exhibit attached to the Ordinance, subject to the approval by the Department 102 of Public Works. 103 104 4. The Applicants shall, in accordance with the Public Utilities Design 105 Standards Manual and to the extent agreed upon by the City, abandon all 106 public water and sanitary sewer infrastructure within the area of 19th Street 107 to be closed. 108 109 5. The Applicants shall cause to be relocated public water and sanitary sewer 110 infrastructure adjacent to the areas to be closed along or within 20th Street 111 and Arctic Avenue if determined by the City that the said infrastructure will be 112 impacted by the street closure in a way that causes the location of the 113 infrastructure, in relation to improvements proposed by the Applicants, to 114 present an unacceptable risk to the City or the City's ability to maintain said 115 infrastructure. 116 117 6. The Applicants, or the Applicants' successors or assigns, shall verify that no 118 private utilities exist within the Rights-of-Way. If private utilities do exist, 119 easements satisfactory to the utility company, must be provided. 120 121 7. Closure of the Rights-of-Way shall be contingent upon compliance with the 122 above stated conditions within 365 days of approval by City Council. If the 123 conditions noted above are not accomplished and the final plats are not 124 approved for recordation within one year of the City Council vote to close the 125 Rights-of-Way, this approval shall be considered null and void. 126 127 128 SECTION III 129 130 1. If the preceding conditions are not fulfilled on or before November 30, 131 2021, this Ordinance will be deemed null and void without further action by the City 132 Council. 133 134 2. If all conditions are met on or before November 30, 2021, the date of final 135 closure is the date the street closure ordinance is recorded by the City Attorney. 136 137 3. In the event the City of Virginia Beach has any interest in the underlying 138 fee, the City Manager or his designee is authorized to execute whatever documents are 139 requested, if any, to convey such interest, provided said documents are approved by 140 the City Attorney's Office. 141 SECTION IV 142 143 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 144 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 145 VIRGINIA BEACH as "Grantor" and ATLANTIC PARK, INC. and THE CITY OF 146 VIRGINIA BEACH DEVELOPMENT AUTHORITY, collectively as "Grantee". 147 148 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1st day 149 of December , 2020. 150 151 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 152 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ''^'_"� Vv I Planning Depa ment City A etney -fp r CA15191(A) vbgov.corn dfs I\applications\citylaw\cycom32\wpdocs\d006\p03 I\00612218.doc R-1 November 19, 2020 LEGEND NAD 1983 (1993 HARN) 4 x �//� ABOVEGROUND PACIFIC AVENUE (60' R/W) STREET CLOSURE — — — — p UNDERGROUND N13'50'02"W N. 2 STREET CLOSURE 9.5' 5' ABOVEGROUND d I I STREET CLOSURE s� n"' 1,010 S.F. (0.02 AC.) TOTAL STREET CLOSURE AREA ( � 3,260 S.F. (007 AC.) , I — — I d —I — — — 13> I tY b b I 1 E2 0 0 b b I coo � � w Vw oo W o') 2 I— � W I- N N 1Et z z 8, ,_ I = J PROPERTY OF J 1 ~oVIRGINIA BEACH DEVELOPMENT AUTHORITY I- N 2427-17-0853 - (IN. (DEED) 20190212000114390) o^ i§n 4.5' UNDERGROUND _ _ _ _ _ _ I STREET CLOSURE 2,250 S.F. (0.05 AC.) c- I 41pLTH 0�.+D I J I CI tP ,0 4 8. .. � / N13'50'03"W a, LAURENCE N. BENS.ON / 9.5 / A Uc. No. 0402057884 0 ate — — — — — — �p 10/22/2020 4, ARCTIC AVENUE 60' R/W) 30 60 120 GRAPHIC SCALE IN FEET A� G\t' 0( ssIIIi0NAL - STREET CLOSURE ATLANTIC PARK KimIey*>Horn EXHIBIT A - SHEET 1 ° 01ET. HORN AND "�NC. 4525 MAIN STREET, SUITE 1000,VIRGINIA BEACH, VA 23462 PH0NE: 757-213-8600 FAX 757-213-8601 VIRGINIA BEACH VIRGINIA VANNKIMLEY-HORN.COM a I — — — 1. / LEGEND ARCTIC AVENUE (60' R/W NAD 1983 e r v///� ABOVEGROUND N76'29'05"E ) (1993 EARN) �� STREET CLOSURE \ UNDERGROUND �13 4, N13'51'32"W 204.6' N76'08'28"E — —1 / 1/ 13.4' r STREET CLOSURE N13'51'32"W 95.6'--I NOTE: N13'51'32"W 194.6' SEE SHEET 4 FOR LOT OWNER INFORMATION 11.4' ABOVEGROUND I STREET CLOSURE AREA N13'S1'32"W 2' UNDERGROUND 10.1' 1 2,333 S.F. (0.05 AC.) STREET CLOSURE AREA I CI TOTAL STREET CLOSURE AREA 409 S.F. (0.01 AC.) I 0 1 2,742 S.F. (0.06 AC.) 1 o VARIABLE WIDTH I c� ABOVEGROUND N w STREET CLOSURE QTHRU 1$PORTION OF Q 1,750 S.F. (0.04 AC.) co I 1 o co I 1 0 - - GRAPHIC SCALE IN FEET 0 30 60 20 z I ® 8.1' UNDERGROUND 0 o STREET CLOSURE ( o 4,050 S.F. (0.09 AC.) 0 N76'08'28"E ' I N76'08'28"E © 3 10.0' 10.0' N13'51'32"W 290.2' c°0v go Z��//J7 2/7 i Z��i;-v 1Ixoriin N13'51'33"W 140.0' N13'51'26"W 130.2' (43 b © NI _Ce O CO o �M 3 11 cc I- co 1 N w — — 0,% w H W co CO N I W I— z 10 o ® /0 0W CL Z o Z 0 Co 0 N @ co TOTAL STREET CLOSURE AREA I I- w 6,200 S.F. (0.14 AC.) I rn co cN I b TOTAL STREET I Q tO CLOSURE AREA N 5,800 S.F. (0.13 AC.) Z N13'51'32"W 140.0' I = //Z// I j,TH G I N76'08'28"E P "o O N o F",,q,iviee4'— p 4 '"A V — — O O I ��" I'N LAURENCE N. BENSON L.,N CO Lic. No. 0402057884 O ® 1B co PN veivi:k z�p 10/22/2020 � I N131 51'32"WA *A 13.1 SS E$C'' /ONAL BALTIC AVENUE (60' R/W) STREET CLOSURE ATLANTIC PARK Kimley>> Horn EXHIBIT A - SHEET 2 ® 01 '-HORN AND"�'" INC. 4525 MAIN STREET, SUITE 1000, VIRGINIA BEACH, VA 23462 VIRGINIA BEACH VIRGINIA PHONE 757-213-8600 FAX 757-213-8601 WWW KIMLEY-HORN.COM N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-6990 2427-07-3705 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) QTHRU @PORTION OF 9 © N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-7707 2427-07-3711 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) 0 ®® N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-6808 2427-07-3669 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) @® CO N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-5863 2427-07-3536 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) C N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-5737 2427-07-4517 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4883 2427-07-4645 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) ® ® N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4757 2427-07-4691 (IN. (DEED') 20190212000114390) (IN. (DEED) 20190212000114390) © 10 10 N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4802 2427-07-5625 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) �1p,I,TH op Df O � ON N/F N/F G VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY PA,Weee. p 4 2427-07-3767 2427-07-3660 LAURENCE N. BENSON (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) Lic. No. 0402057884 S ik 11pN/F A .4 10�22�2020 VIRGINIA BEACH DEVELOPMENT AUTHORITY .SSIONAL E�� (IN. (DEED)2422011 022890 000114390) STREET CLOSURE ATLANTIC PARK KimIey >Horn EXHIBIT A - SHEET 3 ®2020""AL E "-HORN AND ASSOCIATEASSOCIATES." INC. 4525 MAIN STREET, SUITE 1000, VIRGINIA BEACH,VA 23462 PHONE: 7FAX VIRGINIA BEACH VIRGINIA SWWW -213-6601 KIM600 HORN.COM 1 ORDINANCE APPROVING APPLICATION OF 2 ATLANTIC PARK, INC. AND THE CITY OF 3 VIRGINIA BEACH DEVELOPMENT AUTHORITY 4 FOR THE CLOSURE OF 19TH STREET BETWEEN 5 PACIFIC & ARCTIC AVENUES AND ALL ALLEYS 6 WITHIN THE BLOCK SURROUNDED BY ARCTIC 7 & BALTIC AVENUES AND 19TH & 20TH STREETS 8 9 WHEREAS, Atlantic Park, Inc. and the City of Virginia Beach Development 10 Authority (the "Applicants") applied to the Council of the City of Virginia Beach, Virginia, 11 to have the hereinafter described portions of rights-of-way discontinued, closed, and 12 vacated; and 13 14 WHEREAS, it is the judgment of the Council that said right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portions of rights-of-way (the "Rights-of-Way") be 24 discontinued, closed and vacated, subject to certain conditions being met on or before 25 one (1) year from City Council's adoption of this ordinance: 26 27 AREA ONE: 28 ALL THAT certain piece or parcel of land situate, lying and being 29 in the City of Virginia Beach, Virginia, designated and described as 30 "STREET CLOSURE AREA 40,377 S.F. (0.93 AC.)", shown as the 31 hatched area on Sheet 1 of that certain street closure exhibit 32 entitled: "ATLANTIC PARK VIRGINIA BEACH VIRGINIA", dated 33 October 22, 2020, prepared by Kimley Horn, a copy of which is 34 attached hereto as Exhibit A. 35 36 AREA TWO: 37 ALL THAT certain piece or parcel of land situate, lying and being in 38 the City of Virginia Beach, Virginia, designated and described as 39 "TOTAL STREET CLOSURE AREA 6,200 S.F. (0.14 AC.)", shown 40 as a hatched area on Sheet 2 of the aforesaid Exhibit A. 41 42 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY 43 (Adjacent GPINs: 2427-17-0853, 2427-17-2611, 44 2427-07-9524, 2427-07-7707, 2427-07-5863, 45 2427-07-5737, 2427-07-4883, 2427-07-4757, 46 2427-07-4802, 2427-07-3767, 2427-07-3669, 47 2427-07-4517, 2427-07-4645, 2427-07-4691, 48 ad 2427-07-5625) 49 SECTION II 50 51 The following conditions must be met on or before one (1) year from City 52 Council's adoption of this ordinance: 53 54 1. The City Attorney's Office will make the final determination regarding 55 ownership of the underlying fee. The purchase price to be paid to the City is 56 normally determined according to the "Policy Regarding Purchase of City's 57 Interest in Streets Pursuant to Street Closures," approved by City Council. 58 However, no purchase price shall be charged for this street closure because 59 the City of Virginia Beach Development Authority is an applicant seeking this 60 street closure. 61 62 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide 63 the properties and vacate internal lot lines to incorporate the Rights-of-Way 64 into the adjoining parcels. The resubdivision plats must be submitted and 65 approved for recordation prior to the final street closure approval. Said plats 66 shall include the dedication of a public drainage easement over the Rights- 67 of-Way to the City if it is determined by the Department of Public Works to be 68 necessary, subject to the approval of the Department of Public Works, and 69 the City Attorney's Office, which easement shall include a right of reasonable 70 ingress and egress. 71 72 3. The Applicants shall submit a Traffic Impact Study ("TIS") and Site Distance 73 Analysis to be reviewed by the Traffic Engineer for the Department of Public 74 Works prior to the final approval of the street closure. Based upon the results 75 of the Traffic Engineer's analysis of the TIS and Site Distance Analysis, the 76 Applicants shall, if necessary, adjust or modify the areas proposed for 77 closure to areas no greater than what is described herein and shown on the 78 exhibit attached to the Ordinance, subject to the approval by the Department 79 of Public Works. 80 81 4. The Applicants shall, in accordance with the Public Utilities Design 82 Standards Manual and to the extent agreed upon by the City, abandon all 83 public water and sanitary sewer infrastructure within the area of 19th Street 84 to be closed. 85 86 5. The Applicants shall cause to be relocated public water and sanitary sewer 87 infrastructure adjacent to the areas to be closed along or within 20th Street 88 and Arctic Avenue if determined by the City that the said infrastructure will be 89 impacted by the street closure in a way that causes the location of the 90 infrastructure, in relation to improvements proposed by the Applicants, to 91 present an unacceptable risk to the City or the City's ability to maintain said 92 infrastructure. 93 94 6. The Applicants, or the Applicants' successors or assigns, shall verify that no 95 private utilities exist within the Rights-of-Way. If private utilities do exist, 96 easements satisfactory to the utility company, must be provided. 97 7. Closure of the Rights-of-Way shall be contingent upon compliance with the 98 above stated conditions within 365 days of approval by City Council. If the 99 conditions noted above are not accomplished and the final plats are not 100 approved for recordation within one year of the City Council vote to close the 101 Rights-of-Way, this approval shall be considered null and void. 102 103 SECTION III 104 105 1. If the preceding conditions are not fulfilled on or before November 30, 106 2021, this Ordinance will be deemed null and void without further action by the City 107 Council. 108 109 2. If all conditions are met on or before November 30, 2021, the date of final 110 closure is the date the street closure ordinance is recorded by the City Attorney. 111 112 3. In the event the City of Virginia Beach has any interest in the underlying 113 fee, the City Manager or his designee is authorized to execute whatever documents are 114 requested, if any, to convey such interest, provided said documents are approved by 115 the City Attorney's Office. 116 117 SECTION IV 118 119 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 120 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 121 VIRGINIA BEACH as "Grantor" and ATLANTIC PARK, INC. and THE CITY OF 122 VIRGINIA BEACH DEVELOPMENT AUTHORITY, collectively as "Grantee". 123 124 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1st day 125 of December , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �v .L._ Planning De artment City Att• -co A\AAS CA15191(B) \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d006\p031\00612218.doc R-1 November 19, 2020 PACIFIC AVENUE (60' R/W) p,LTH p jN13'50'00"W �,� g 80.0' O 'Z� LAURENCE N. BENSON 9 Lie. No. 0402057884 o M �p� 10/22/2020�47 STREET CLOSURE AREA SSIONAL Ex1P, 40,377 S.F. (0.93 AC.) ® g,, I PROPERTY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-17-2611 ,-n (IN. (DEED) 20190212000114390) 0 I— � 7 o o o — — zpo O b I }0 d O o a 00 00 O / — OJ O 0%,_ 0 Ei c W .— O) p0Lo N o Z/W Z I cr N t ,s^ i- LEGEND m � I ABOVEGROUND I a z � I r /��� STREET CLOSURE I z ,—- cD ce co � j PROPERTY OF _ VIRGINIA BEACH I DEVELOPMENT AUTHORITY I 2427-17-0516 S, ( (IN. (DEED) 20190212000114390) I PROPERTY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY I 2427-07-9524 I NAD 1983 (IN. (DEED) 20190212000114390) I (1993 HARN) ).... o- N31'09'58"E 2 28.3' — — — — — — N13'49'16"W 120.0' N58'50'02"W ARCTIC AVENUE GRAPHIC SCALE IN FEET 28.3' 0 30 60 120 (60 R/W) 11 STREET CLOSURE ATLANTIC PARK Kimley)>>Horn EXHIBIT A - SHEET 1 ®MO M EY-HORN AND ASSOCIATES,INC. 4525 MAIN STREET, SUITE 1000, VIRGINIA BEACH,VA 23462 VIRGINIA BEACH VIRGINIA PHONE: 757-213-8600 H0 NCOU5,7-213-8601 a I — — — i — — / LEGEND ARCTIC AVENUE (60' R/W) (1 g31jN) �i- ///� STREET C OSURE N76'29'05"E \ o 13.4' N76'08'28"E z UNDERGROUND — N13'51'32"W_ 204.66''� 13.4' STREET CLOSURE ..2 1/ / N13'51'32"W 95.6'yi7 NOTE: N13'51 32"W 194.6' SEE SHEET 4 FOR LOT OWNER INFORMATION I 11.4' ABOVEGROUND I N13'51'32"W STREET CLOSURE AREA 2' UNDERGROUND 10.1' 2,333 S.F. (0.05 AC.) STREET CLOSURE AREA I TOTAL STREET CLOSURE AREA 409 S.F. (0.01 AC.) I 2,742 S.F. (0.06 AC.) lb I o_ VARIABLE WIDTH I N ABOVEGROUND I N w STREET CLOSURE td- ( QTHRU @PORTION OF Q M 1,750 S.F. (0.04 AC.) o co N I — — GRAPHIC SCALE IN FEET Z 00 30 60 120 C 8.1' UNDERGROUND II 1.1111.111111 b STREET CLOSURE 0 _ o 4,050 S.F. (0.09 AC.) 0 N76'o8'28"E I N76'08'28"E © 10.0' 10.0' N13'51'32"W 290.2' N o /////// 2/7 i ///�:.V fl o p N13'51'33"W 140.0' N13'51'26"W 130.2' co COLn LI o ©3 r0 00 0 N b o �M I a0 I— N w — — w LLJ to CO c 03 I ILL I Z c'on ® ® /'coo 10 Ct = o O 2 0 p ©5 co TOTAL STREET CLOSURE AREA 1--. CV 1 w 6,200 S.F. (0.14 AC.) I CA 0 Ica I N I / 00 TOTAL STREET I 0 © co CLOSURE AREA / Z 5,800 S.F. (0.13 AC.) N13'51'32"W 140.0' I /!� //, // /Z//f// G I I �I N76'08'28"E St,I,TH OF D 10.0' ® 1 b a 23 r� b — - GI 0 o ,�,.'� �' i W I O 0 I N LAURENCE N. BENSON I I�N o Lic. No. 0402057884 I O O O co 'S 10/22/2020�4rcl w LV 1 1 Z N13'51'32"WII 1 'ASS, �(yti / 13.1' — — — /ONAL - BALTIC AVENUE (60' R/W) STREET CLOSURE ATLANTIC PARK Kimley*Horn EXHIBIT A — SHEET 2 °�0' Y-HORN AND�'A1 INC. 4525 MAIN STREET, SUITE 1000, VIRGINIA BEACH,VA 23462 PHONE: 757-213-8600 FAX: 757-213-8601 VIRGINIA BEACH VIRGINIA WWW.KIMLEY-HORN.COM O N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-6990 2427-07-3705 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) ©THRU @PORTION OF® O N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-7707 2427-07-3711 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) 0 N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-6808 2427-07-3669 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-5863 2427-07-3536 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-5737 2427-07-4517 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4883 2427-07-4645 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) ® N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4757 2427-07-4691 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) 10 11 N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4802 2427-07-5625 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) 4 Sp,LTH Lf ® O N/F N/F Gam, VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 81:Yetipst"1"— �1 PO, 2427-07-3767 2427-07-3660 �1/ (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) LAURENCE N. BENSON tic. No. 0402057884 SO 10/22/2020 A� N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY 2 `'IONAL V31C1 � (IN. (DEED) 201 0228000114390) STREET CLOSURE ATLANTIC PARK Kimley)>)Horn EXHIBIT A - SHEET 3 ®2020 IOMEY-HORN AND ASS0aAhs.INC. 4525 MAIN STREET, SUITE 1000, VIRGINIA BEACH, VA 23462 VIRGINIA BEACH VIRGINIA PHONE: 757-213-8600FAX 757-213-8601 WWW.KIULEYIMLEY-HORN.COM G1NIA•BEAC e- ,..0.,,,v,.,,l>'..11 .\ O f� H -. Z o City of Virginia Beach y9,pt ,,J ti °F OUR NA�0 VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE JDMOSS@VBGOVCOM In Reply Refer to 0068375 December 1, 2020 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 the application of Atlantic Park Inc. and the City of Virginia Beach Development Authority for street closures for various rights-of-way for assemblage of the Dome Site property. 2. Among the properties that may be acquired for the project is one that would have a foreseeable direct or indirect benefit or detriment for Dominion Power, also known as Dominion Energy. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. As discussed in the attached opinion from the Commonwealth's Attorney, I also have an interest in a separate corporation that receives income from a parcel that is within the possible footprint of the Dome Site project. If that parcel is acquired for this project, I will forthwith disclose my interest in that separate corporation. 4. I hereby disclose these interests, and I will abstain from the City Council's consideration of this item. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 Mrs. Amanda Barnes -2- December 1, 2020 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Thank you for your assistance and cooperation in this matter. Sincere y, John D. Moss Councilmember JDM/RRI Attachment O� O-r TEALTH OF vj Commonwealths Attorney Deputies Colin D. Stolle 11 .�'"-� Tabitha B.Anderson +� ° 1 : �`'' Sara R.Chandler Chief Deputies Fs Patrick J.Connolly Susan G.Hooks fit' `• �* Vivian F.Henderson Scott M.Lang " e„ '°1 David W.Laird Thomas M.Murphy OFFICE OF THE COMMONWEALTH'S ATTORNEY Paul J.Powers CITY OF VIRGINIA BEACH 2425 Nimmo Parkway Virginia Beach,VA 23456-9050 (757)385-4401 FAX(757)385-1288 TDD:711 www.vbgov.com/oca Direct Dial: (757)385-8978 October 16, 2019 Councilman John Moss Office of the City Clerk 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Councilman Moss: In a letter dated September 24, 2019,you request an opinion under the Virginia Conflict of Interests Act regarding your participation in Virginia Beach City Council discussions and voting regarding a proposed joint project between the City of Virginia Beach,the City of Virginia Beach Development Authority (the "Authority"), and a developer for the Dome Site project. You ask whether your personal interest in both Dominion Power and in an unnamed corporation ("the Corporation")causes you to have a prohibited personal interest in the transaction. According to your letter, you receive dividend income from Dominion Power in excess of$5,000 per year. As part of the project,the plan is for the City of Virginia Beach to acquire a parcel (described as the 18th Street Parcel)that is currently owned by Norfolk Southern Corporation and that is currently being used by Dominion Power. For purposes of the Dome Site project, Dominion Power would no longer be able to use this parcel and as a result would likely require a significant payment as a result. Additionally, you also receive dividend income from the Corporation in excess of$5,000 per year. The Corporation receives income from a parcel (described as the"Other Parcel")that is within the possible footprint of the Dome Site project and would require that the property be purchased by either the Authority or by the developer. According to your letter, should the site footprint require the purchase of the 18th Street Parcel, and that parcel was purchased by either the Authority or the developer, the income stream to the Corporation in which you have a personal interest would cease. October 16, 2019 Page 2 Virginia Code §2.2-3112 prohibits any participation by a government officer in a transaction where the officer has a personal interest. A"personal interest" is defined as, inter alia, "annual income that exceeds, or may reasonably be anticipated to exceed, $5,000 from ownership in real or personal property or a business." A"personal interest in a transaction" exists when the officer has a personal interest in the subject of the transaction, or"may realize a reasonably foreseeable direct or indirect benefit [or detriment]...as a result of the action of the agency considering the transaction." Virginia Code §2.2-3101. In your letter, you correctly describe that you have a personal interest in both Dominion Power and the Corporation since you receive annual income from both sources that exceeds or may reasonably be anticipated to exceed $5,000 as a result of your ownership in Dominion Power and the Corporation. The next inquiry is whether, as a result of these personal interests,you therefore have a personal interest in the transaction related to the Dome Site project. I have considered your description of the circumstances related to the potential footprint of the project; the intention to acquire the 18th Street Parcel,which would require a significant payment to Dominion Power and the potential for the footprint to expand to include the Other Parcel, which would require the purchase of the Other Parcel and result in the elimination of an income stream to the Corporation in which you have a personal interest. As a result both Dominion Power and the Corporation may realize a reasonably foreseeable direct or indirect benefit (Dominion Power)or detriment(the Corporation) as a result of the actions taken by the Virginia Beach City Council. Thus, it is my opinion that to the extent that the 18th Street Parcel and the Other Parcel are concerned, you have a"personal interest in a transaction" as set out in Virginia Code §2.2-3101. Finally, you ask whether you would be restricted from"participation in the City Council's discussions of the Project and potential future votes on(1)whether to approve funding for the acquisition and decommissioning payments related to the 18th Street Parcel; (2) whether to approve funding for the acquisition and site preparation of the Other Parcel; and(3)the Development agreement." You go on to describe the votes as being interdependent upon each other, specifically"the Development Agreement as proposed cannot be executed without the other two referenced votes." As a result, it is also my opinion that as a result of your"personal interest in a transaction" you would not be permitted to participate in any of the referenced votes or discussions. As an officer of a local governmental agency with a personal interest in a transaction, you are required to disqualify yourself from participating in the transaction related to the Dome Site project. Virginia Code §2.2-3112 requires that you disclose your personal interest and that you shall not vote or act in any manner on behalf of the Virginia Beach City Council in the transaction. Additionally you would be prohibited from(i) attending any portion of a closed meeting authorized by the Virginia Freedom of Information Act when the matter is being discussed and (ii)discussing the matter with other governmental officers or employees at any time. October 16, 2019 Page 3 There may come a point in time where, as a result of actions taken by the developer,the Authority, and the City Council without your participation, that Dominion Power and the Corporation no longer"may realize a reasonably foreseeable direct or indirect benefit [or detriment]"as a result of the Dome Site project. In the event of such a change in circumstances, you may feel free to request an update or revision to this opinion. Sinc- , Colin D. Stolle Commonwealth's Attorney City of Virginia Beach cc: Mark Stiles, City Attorney 55 ITEM— VILJ.3 PLANNING ITEM#71088 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of CSA VIRGINIA BEACH, LLC/FREEDOM LAND INVESTMENT,LLCfor a Modification of Conditions re indoor recreation facility at 5070 Virginia Beach Boulevard DISTRICT 4—BAYSIDE(Approved September 6, 2017) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CSA VIRGINIA BEACH, LLC/FREEDOM LAND INVESTMENT, LLCfor a Modification of Conditions re indoor recreation facility at 5070 Virginia Beach Boulevard(GPIN 1467960131)DISTRICT 4—BAYSIDE (Approved September 6, 2017) The following conditions shall be required: 1. All conditions attached to the Modification of Conditions of the 2014 approval are hereby deleted and superseded by the conditions below. 2. A Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval at the time offinal site plan submittal. 3. Unless the parking requirement can be satisfied, the applicant/property owner shall seek approval of a variance from the Board of Zoning Appeal. 4. No alcoholic beverages shall be served or permitted within the Indoor Recreation Facility (shooting range). 5. The hours of operation of the indoor recreation facility (shooting range) shall be limited to 6:00 a.m. to 8:00 a.m.for contract use and from 8:00 a.m. to 12:00 a.m. (midnight)for public use. 6. The applicant's `Range Rules' shall be posted inside the indoor recreation facility and shall be adhered to at all times. 7. All locking devices on all exterior doors shall be high-quality security locking systems approved by the Crime Prevention Through Environmental Design (CPTED) Office. 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 1s` day of December Two Thousand Twenty. December 1, 2020 56 ITEM— VILJ.3 PLANNING ITEM#71088 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 anuan. ed; anuan:M/ ed�_ � �� ' -� ' `�' nMI Nsi 0 8 id LYE/ a __l ' I F CPI z .'\o, . f` co r �■ l 1 i r 07 ., . 1� M N 3 I 16 ii °�;i~ 01 is pil o ❑ n' _ III a ndI Ieplu:WO wow CO ' n°u�a1 -II 0 61 r:::„411 . 1 1 Am, i, i A I 1 " rill E4 - 1 .11-- 17. IN I-.11. 13--q,-- I .• In 1 .9 1 - 1 1°n p' ° K - -n- .1- I AL -- i 1-'I Ca ce9 ill 111. 'lot,'—"i% MI il NI 01 ID—Cecil Q' 1Ir" gill% On il IL s) en�uanb'lasaoa anuanb 40_SJ a _mai _ N b �� l IN * a `r to Ejl co . o l n• • O D i 137-- 111 I c --,--J-1 w 2/mon //[:- 401 1 :7' - i i�li* ` 1- o i ' Q/pI 9 l Lit' _a �N] , �� �lil � CO I 1 I'I ;M 9- 10,inim -. ;ice / `N i L 1 'Na Ir I•• 1 p am__i__.L__ 1 _I_'mr,ee=_si / j L.— '_ m . oi ri:i I L2pt4J S t —., D ° 1- 11' I -la -CNI , \ / /97,_____-1---. 4•4 \7:\ co`i "\, ,/4:) // 4 ir-i.„., 1.-- , , Peo_4"----1.1 4,A4\I N NNIN , A,‘, iit Ico co cz N is���„on.. ! , [%..1 > 'an \� ,.... Vt 1i !!: f 'l ii - I' I ,, ,i */1 441); / / I t too ,, ♦ t p`� ' L' (1) V >9 o '.4 1 i 1 it s, '<t '' .4.24*4* /I CI}:r < a_c) > C444- .1. pi/W _ -›,,,,1 i = cp c7) F o a E Y 57 ITEM— VII.J.4 PLANNING ITEM#71089 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of BURGER BUSTERS, INC. /BALBOA, LLC for a Modification of Conditions re Special Exception for Alternative Compliance to add decorative feature on building facade and extend drive-through hours at 2902 Pacific Avenue DISTRICT 6—BEACH(Approved May 1, 2018) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BURGER BUSTERS, INC. / BALBOA, LLC for a Modification of Conditions re Special Exception for Alternative Compliance to add decorative feature on building façade and extend drive-through hours at 2902 Pacific Avenue (GPIN 2428014501) DISTRICT 6 — BEACH (Approved May 1, 2018) The following conditions shall be required: 1. All of the conditions of the Special Exception for Alternative Compliance approved by City Council on May 1, 2018, shall be deleted and replaced with the conditions below. 2. When the property is developed, it shall be substantially in accordance with the submitted site and landscape exhibit which shows a single curb cut entitled "PACIFIC AND 29TH STREET CONCEPT LANDSCAPE PLAN" dated July 17, 2017, prepared by Blakeway Corporation, with the exception of any conditions stated below. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the site is developed, the structure constructed shall have the architectural features, and appearance of like quality and character to the architectural elevation exhibits entitled, "EXPLORER LIGHT, EXTERIOR ELEVATIONS," dated November 29, 2017, and"EXPLORER LITE,RIGHT SIDE ELEVATION WITH SCREEN WALL,"dated March 23, 2018, as prepared by Mark D. McCluggage AIA, CCS, with the exception of any conditions below. These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development.In addition, a decorative mural feature may be added to the two (2)white accent panels on the eastern building façade facing Pacific Avenue. The decorative mural design shall be as shown on the submitted rendering prepared by GLMV Architecture or other mural designs as approved by the Planning Director. Such mural features shall be hand painted or digitally printed on a high-quality film product suitable for exterior surface applications with an expected life performance of at least five(5)years. December 1, 2020 58 ITEM— VII.J.4 PLANNING ITEM#71089 (Continued) 4. As part of the approval of this request for a Special Exception for Alternative Compliance, the required parking shall be reduced to fourteen(14)parking spaces. Employment by this business shall not render an individual eligible for a Residential Parking Permit(RPPP). Applicant shall encourage employees who are able to walk, bike, ride-share and take the bus/trolley to work Applicant shall assist those employees who must a drive a motorized vehicle to work by: a. Organizing carpools and purchasing or participating in the purchase of monthly employee Parking Passes in the 31'Street Parking Garage; and b. The two (2) onsite Manager controlled Parking Spaces shall be used by the Managers or as directed by the Managers for Employee Carpool Vehicles. This shall include ferrying employees to and from satellite parking at the Applicant's restaurants on General Booth Boulevard and Great Neck Road as needed. 5. With the exception of the two (2) designated Manager controlled spaces, employees shall not be permitted to park on site. 6. As shown on the site plan exhibit, the drive-through lane and exit lane&parking area shall be improved with two(2)separate materials or surface treatments that substantially differ in appearance such that drivers are clearly guided to the correct aisle. 7. As part of site plan review, to ensure adequate screening is provided within the reduced 5- foot parking setback, the Development Services Center Landscape Planner may request up to 40%additional plantings than the minimum amount of plantings required by the parking lot street frontage regulations of the City of Virginia Beach Landscaping Guide. To ensure the growth of all plants, all landscaped areas shall be irrigated. 8. As part of site plan review, the applicant shall adjust all drive aisles to meet the minimum width supported by Public Works Traffic Engineering. Residual area shall be used to increase interior or perimeter landscape screening of the drive aisles. 9. As part of site plan review, as supported by Public Works Traffic Engineering, the applicant shall provide landscaping to the north and south of the on-street parking spaces located in the public right-of-way of Pacific Avenue. 10. The restaurant and drive-through shall not operate between the hours of 1:00 a.m. and 7:00 a.m. December 1, 2020 59 ITEM— VII.J.4 PLANNING ITEM#71089 (Continued) 11. All signage shall follow the Oceanfront Resort District Sign Design Guidelines.No window signage, interior or exterior, temporary or permanent, shall be used. No signage shall be used in the outdoor dining area. Signage shall not be provided on trash receptacles, fencing,furniture, bicycle racks,patio umbrellas, or drive-through canopies. The proposed screening wall shall not be included when calculating the amount of signage permitted by the Form-Based Code. 12. Pavers shall be used for the proposed patio space. The applicant is currently showing a fence surrounding the patio and a strip of landscaping separating the patio from Pacific Avenue.If desired by the applicant, at site plan review, the fence and landscaping may be removed to provide less restricted pedestrian movement at the corner of the site.Iffencing is used, it shall meet the Oceanfront Resort District Design Guidelines by being weather resistant and comprised of low maintenance materials. 13. To ensure this proposal contributes to the long term goals of the Oceanfront Resort District Form-Based Code and the Resort Area Strategic Action Plan, this Special Exception for Alternative Compliance shall be granted for no longer than a period of twenty-five (25) years from the original approval date May 1, 2018. 14. The sale and service of alcohol shall be prohibited on this property. 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 IS` day of December Two Thousand Twenty. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 it' z � � m �/ NO LL M 1 i , ti\��// O t p 0. 0 1 nue ___--0"'' \� ` ,,ankle e o O �-anus 4- O ''ant s r> '\ O \ ._ce (1)1, 0 M ....--- '\4) c-- a t, o \` ‘ -_-• ......, \\,,,, , 0 , ...!,, 0 %it' , *CO I 0 `;+\`` - ci CD S i W a \ .� ue-�` :- v i\0; vi > o n \(Atte= r" . _- L a _ __. _ ....,--- N, \ !' m F s03 \ t ` J O , L ft 1 L..- __ Q� /�,\0C\d 1 O d ,,d = (!) J 1 '1, 0 rp, vrek. c437--- \, \\\ \\ , , \icztt ,cev\, *0 log \ \ \ \\_ 6 0 Vrv, , \*....,--\----, lik \ \\..1 ,„ Ok te)\ \ \ 4116** Ce--- „A 1 ‘ \ItfAr. - lig '\.\ -- --' \ ‘ 011*,•• ••° nu �►1r7,3 ` ;f AN\ ,,v), ii;:C o Q o , k'' O CD c c - -,chiO \ O co 0 I C/ \ \ co a N m m Ce 1‘ ° \ Illft 7 0 ill or 60 ITEM— VILJ.5 PLANNING ITEM#71090 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, BY CONSENT, Application of LIFE IN HIS WORD CHRISTIAN MINISTRIES / JR MOULTON FAMILY,LLCfor a Conditional Use Permit re religious use at Indian River Road, between 6620& 6608 Indian River Road, 509 feet East of Sandra Lane DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LIFE IN HIS WORD CHRISTLAN MINISTRIES /JR MOULTON FAMILY, LLC for a Conditional Use Permit re religious use at Indian River Road, between 6620 & 6608 Indian River Road, 509 feet East of Sandra Lane(GPIN 1456055836)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. The lot area for this Religious Use is 0.75 acres. This lot area is a deviation to the three (3)acre minimum lot area required by the City Zoning Ordinance. 2. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "LIFE IN HIS WORD CHRISTIAN MINISTRIES, prepared by Pinnacle Group Engineering, Inc., dated August 31, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "LIFE IN HIS WORD CHRISTIAN MINISTRIES,"prepared by Andre + Marquez Architects, Inc., dated August 31, 2020, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 5. The church shall not exceed one hundred& eighty-five(185)seats in the main sanctuary; however, the maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 6. Arrival and departure times shall be staggered on Sundays, with one hour between services, to avoid vehicular congestion. December 1, 2020 61 ITEM— VII.J.5 PLANNING ITEM#71090 (Continued) 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 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 1St day of December Two Thousand Twenty. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: Louis R.Jones Council Members Absent: Aaron R. Rouse December 1, 2020 w m o 'K ' i I 1 ' 4 •:1- J / Pi I CO di ._._. L_c-.3 t----- , 71 0 ci . _ . C ‘" > cea .4__- __ ____. cr.-II °L 1 t% L) C W CD 4•° c° E31Q co o d �.J I J _ I m I�� CCO Ia A) 0 0 Q 1-11 Fr Cc 7.1 j/ E'c om 6:7:15., II L _, , ‘ o wii ens %— a ; -1 � llb iits.opi4**, ct cp (Ts w I,_ = L / -6---____ T 411F iiip„„ '' N-- / i ir --go ist7 LI) , __ _ ci -e. -0 R c c71 _ 03 _. c co t m.4 0 — = . ‘ w - iv 1,,, 4- C (0 ' V 0 ift- . 0 • � .0_ Ni-> ..6- ,�,1 Cl) 0 J i t . ( ____ Jo. / ( C.) rk7" I 41 i ' C / / ( . 03 CD 7/- ' /kit Cti / il. ' V 't/1 1.=W 4-I (C) U . / !. - / 1L 3 > a3--7 /-,,_____*it go 411,,,iv/ ma. 0 C ..a. // / 1 tiD* ° • * 0- it-L) 'Sol, -.4, sj m o11/01 7,1, 002#Tr „ Z. Ce �,.!_ -1...] C's1 / ? ' 5 I I ' J' Iv , i fn d N � CO , .. 0 0 0 CO I O IP Q� o 0N'A.Be or,` City of Virg;irZia Beach 9y �cr .F- 0 S Op OUR NASIONS LOUIS R.JONES PHONE: (757)583-0177 COUNCILMAN-DISTRICT 4-BAYSIDE FAX: (757)426-5669 Refer to File No. 0068376 December 1, 2020 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Life In His Word Christian Ministries and JR Moulton Family, LLC for conditional use permit for religious use at Indian River Road, between 6620 and 6608 Indian River Road, 509 feet east of Sandra Lane. • 2. I have an ownership interest in Hollomon-Brown Funeral Home,Inc.The company owns property in the immediate vicinity of the property that is the subject of this application. 3. I have chosen to abstain from voting on this matter. Please record this declaration in the official records of the City Council. Thank you. Sincerely, Louis R. J es Councilmember LRJ/RRI 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 62 ITEM— VILJ.6 PLANNING ITEM#71091 The following registered to speak: Samantha Hathaway, Applicant, 5025 Cullen Road, Phone: 374-9727, spoke in SUPPORT Barbara Messner, P. O. Box 514, did not respond Leonard Johnson, 1464 Mahadis Road, Phone: 515-4930, spoke in SUPPORT Upon motion by Council Member Jones, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, Application of BRANDON & SAMANTHA HATHAWAY / BRANDON HATHAWAY&ET AL for a Conditional Use Permit re outdoor recreation facility at 5025 Cullen Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BRANDON& SAMANTHA HA THA WA Y/BRANDON HATHAWAY & ET AL for a Conditional Use Permit re outdoor recreation facility at 5025 Cullen Road(GPIN 1469937118)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. Use of the batting cage shall be limited to the hours between 9:00 a.m. to 89:00 p.m., daily. 2. The applicant shall maintain the existing six-foot tall privacy fence along the backyard property lines. 3. Subject to Section 221 (k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. 4. Within ninety(90)days of City Council action, the applicant shall file all necessary permits with the City for review and approval for the batting cage structure. 5. The applicant shall add siding to the walled side of the batting cage structure so that plastic building wrap is not visible. 6. The batting cage structure shall remain open on at least three (3)sides. 7. The batting cage shall not be opened to the general public nor shall it operate for profit. 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 1S` day of December Two Thousand Twenty. December 1, 2020 63 ITEM— VII.J.6 PLANNING ITEM#71091 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 o N.04.7 O � z �� v <>::::> 4.1, o O IP 0 :fib \ � eN No I M0 O_ � OO O I/ o ii.) I O l \',1fr s o �e taivoo 11/440 A.1.\\k IV \‘‘ V -C if co 0 • • p .. . ce .*\ 0 o ° u) ,L0 \‘0 \0 \ 0 ...0°1\0, V 0 0 CP' , i 4,--- ix -0 8 \ .c. <> .. \ .c \ 0 \ %---' lit9 ' li it le - ray` of ti$ I I.\ i a) ,0 t6 & gt .a.% ''' A-----" Co _c, �' roc Z)' S A 'id , , ,,,, .. o . J. Q] ya 4 N ._ N d m , ' -_ , . s 64 ITEM— VILJ.7 PLANNING ITEM#71092 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT,Application of ROSETTA DENISE CICONTA &KYRUS-PERROS, LLC for a Conditional Use Permit re assembly use at 2014 Atlantic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 ROSETTA DENISE CICONTA & KYRUS-PERROS, LLC for a Conditional Use Permit re assembly use at 2014 Atlantic Avenue (GPIN 2427184397)DISTRICT 6—BEACH The following conditions shall be required: 1. A Certificate of Occupancy shall be required prior to the occupancy of the Assembly Use in the building. 2. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal 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 1st day of December Two Thousand Twenty. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 w z 7I��1�` Li o 'y N /- . 3 I o i `+ o 1 N l 1�1110 c0 .00000•••••:00•011.1.1111111.711.111111 ', 'O I I , oso ant. pv ✓ c •- ce Q �_ 0' 0v .. .-4-„„),-,„,,c.\\ , 0 „...: Ce , \ 1/4,., , . < ... \‘ \' , -0..‘W N.. r,i, , — . („, 1 1 .\ILI... ce OC . ,\ 0 a O N ♦ �% • ntle aCtNte �� p ; enue a) Oil -------jk IA ,,, I. 1 ` o 0 I • :.3 \,, _ �^ 1 '`�, ,, \ ; Cn d N d CO 65 ITEM— VILJ.8 PLANNING ITEM#71092 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of KENDYL TEAGUE/STEWART INVESTMENTS, LLC for a Conditional Use Permit re beauty salon at 613 North Lynnhaven Road DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KENDYL TEAGUE / STEWART INVESTMENTS, LLC for a Conditional Use Permit re beauty salon at 613 North Lynnhaven Road (GPIN 1487897134)DISTRICT S—LYNNHAVEN The following conditions shall be required: 1. A business license for the beauty salon shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The property shall be in substantial conformance with the submitted revised site layout exhibit prepared by Synertron Engineering, September 22, 2020. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Any on-site signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the P day of December Two Thousand Twenty. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 \ < w N t 'pc"'] { � 3 U ` , Lo N ' \"0 / O O ICVO ova O i� o ,/ /c‘4 A143 * i---- \ ' s, 1 : , /,‘. IN \A . , 0 Y/ o ,,/ 40 , i ,/ / /in . , A.6'' ,,,t) Ce/ �� vas o 4e, ". W 441046, = c \ 11000 X'Agy(‘'/'' 1114-,,C.?, as coJ ',1: '''‘: 0 w z N . O \ N / /\ 4. N , ei el \alb�, li0,-) i /t;\ / sic AI ° p 4' \/ ,�a. 4 e 4 /74 o /Ln.e3 Abl, /)'14 i N.! cu To • ' Tr ; <, N9 ,\\8, -. co ri C N O > NX si L , */* ApN.,,,. \ \' : 2:D 6 0V<>. 0 a a CO CO N \r i El\ 66 ITEM— VILJ.9 PLANNING ITEM#71093 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of GREG S. HORVATH/GREG S. & CAROLYN M. HORVATH for a Conditional Use Permit re home occupation at 2321 Vaughan Road DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GREG S. HORVATH/GREG S. & CAROLYN M. HORVATH for a Conditional Use Permit re home occupation at 2321 Vaughan Road (GPIN 2401167454)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The sale of lumber shall be by appointment only. 2. The processing of trees shall not occur more than five(5)times per calendar year and shall only occur between dusk to dawn to dusk. 3. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the residence. 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 1S` day of December Two Thousand Twenty. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 il — / ro, Q, Q .. 3 __ i �� N ..7 0 " ;'C►t N Q Q 1 ff i , _, t� .911, .��f mo t 1 , i rai 1�T Ico c __ I O •4 (. N f N 0 OF NO Wile m I CID CID <0 1-I- Q o 10000 :0 id is 41 4 4141VOIPPI 41, o 6 ,� kli C� • o a, N ,� Ng Air L r o 01 ��, 0 N r < 0 % a) Q N Q o • L o Q LL >I J O a) CA � C o_a) oC Y 0 as 7 U) CL N CL CO 67 ITEM— VILK APPOINTMENTS ITEM#71094 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION December 1, 2020 68 ITEM— VILK APPOINTMENTS ITEM#71095 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JANIE YOUNG Three year term 1/1/2021—12/31/2023 And REAPPOINTED: JUNE BARRETT-MCDANIELS NORBERT DREPS DAVID FRANCE CASEY JONES MICHAEL STEIER Three year term 1/1/2021—12/31/2023 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 69 ITEM— VII.K APPOINTMENTS ITEM#71096 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: LORI BRIDGES JOYCE HAR VEY CARLA HESSELTINE MOLLY TRASK SUSANNAH UROSKIE Three year term 1/1/2021—12/31/2023 COMMUNITY SERVICES BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 70 ITEM— VII.K APPOINTMENTS ITEM#71097 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: BRIAN LARGE One year term 12/1/2020—12/31/2021 GREEN RIBBON COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 71 ITEM— VILK APPOINTMENTS ITEM#71098 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JACQUELINE S. COTTON (Health Care Provider) Unexpired term thru 3/31/2023 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 72 ITEM— VII.K APPOINTMENTS ITEM#71099 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: JENNIFER BROWN ESTES SHARON FELTON MAC RAWLS Three year term 1/1/2021—12/31/2023 HISTORIC PRESERVATION COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 73 ITEM— VII.K APPOINTMENTS ITEM#71100 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: LAURENCE HORVATH Three year term 12/1/2020—12/31/2023 OPEN SPACE ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 74 ITEM— VILK APPOINTMENTS ITEM#71101 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: KAITLIN BURKET Unexpired term thru 8/31/2024 PUBLIC LIBRARY BOARD Voting: 10-0 r Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse December 1, 2020 75 ITEM— VILK APPOINTMENTS ITEM#71102 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: KEITH IRELAND Three year term 1/1/2021—12/31/2023 RESORT ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Aaron R. Rouse December 1, 2020 76 ADJOURNMENT ITEM#71103 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:04 P.M. Terri H. Chelius Chief Deputy Ci Clerk Am a Barn ,MMC Robert M. Dyer City Clerk Mayor December 1, 2020 77 OPEN DIALOGUE The following registered to speak: Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, requested City Council appoint a police oversight committee Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, requested City Council appoint a police oversight committee and expressed his support for Council Member Wooten to serve as Vice Mayor. JaPharii Jones expressed his disapproval of City Council ADJOURNED AT 7:15 P.M. December 1, 2020