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HomeMy WebLinkAboutMARCH 16, 2021 FORMAL SESSION MINUTES 44. f OvR tos VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 16, 2021 Mayor Dyer called to order the CITY COUNCIL MEETING in the Virginia Beach Convention Center, Suite 5, on Tuesday, March 16, 2021, at 2:05 P.M Council Members Present: Jessica P.Abbott,Mayor Robert M. Dyer, Barbara M.Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi Ill 2 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#71384 2:05 P.M. Mayor Dyer welcomed Ronald H. Williams, Jr., Deputy City Manager. Mr. Williams expressed his appreciation to City Council for their continued support: \irbmci ill adi Dome Site — Atlantic Park Ordinance to authorize CIP transfers for Entertainment Venue revised scope Virginia Beach City Council March 16, 2021 ,,► Ron Williams, Deputy City Manager Here is title of the Ordinance being considered at tonight's Formal Session: Ordinance # 9(b) • Recommendation for approval of ordinance to Transfer $4,850,000 from Capital Project #100147, "Dome Site Parking" and $4,375,000 from #1000059, "Resort Parking District" to #100146, "Dome Site Entertainment Venue" for revision in venue scope March 16, 2021 3 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#71384 (Continued) Here is the Background: Background • The 2017 RFQ for the Dome Site development indicated that the "primary focus" of the response should include the development of a 3,500 person live entertainment venue. • This requirement was based on a 2016 concept that called for the development of a 50,000 SF venue to fill an entertainment void in our region's market. • In 2016 the City Manager asked for an estimate from Public Works for a basic music venue that eventually established the recommended $30 M CIP for the venue with an additional $5 M cost share from the operator. Here is Phase 1—Massing Plan (not rendering): Phase 1 — Massing Plan (not rendering) MIXED-USE.RESI ;, - a �;r NORTHWEST _am r OCK 00 - - ERT V-FNUE 40004 ran- IOW NOSTHEAST 4- �` i y BLOCK MIXED-USE RESIDENTIAL max, � + � 4i'33 i i +/ F+URE DEVVL I 4111k,CA' %Alit\ Nti44,4:*44 r4` • SU �i a ME. ..UILDING ..` BLO K . n.ar March 16, 2021 4 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#71384 (Continued) Here is an overview of Proposed 72, 166 SF Venue: Proposed 72,166 SF Venue • The venue is a steel constructed building with a concrete pile system supporting the foundation • The exterior facade consists of metal and cement cladding,textured stucco, and is highlighted by a glazed aluminum curtain wall system at the main entry • The lobby area leads into a music hall: • The music hall contains a main level area with flat floor to accommodate GA standing,tables and chairs and seated performances • Tiered platforms provide 1312 fixed seats and 15 VIP boxes • Standing area capacity is approximately 1650 • Additional venue components include the main stage, an upper-level viewing balcony, talent rooms,a VIP room, and staff offices among other amenities • The facility features a central pedestrian lawn designed to accommodate up to 2450 additional patrons to safely watch the performances in an open-air environment Here is a rendering of the convertible stage: • I i t March 16, 2021 5 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#71384 (Continued) The City's Share of the Entertainment Venue is estimated to be$39,225,152: Entertainment Venue Estimated Cost at 40% Design Construction $34,296,266 FF&E $6,322,635 Soft Costs $3,606,251 Total $44,225,152 Operator Share $5,000,000 City Share $39,225,152 Here are the Key Factors to Consider: Key Factors to Consider • Additional square footage is primarily driven by mezzanine and balcony levels • Initial Atlantic Park design concepts, included a stand-alone facility with limited outdoor lawn area and a separate(exposed)loading area: • Following the COVID-19 pandemic,the team expanded the lawn area to safely accommodate patrons and provide additional outdoor pedestrian areas(estimated cost of$1.25 M). • The relocation to the Northwest Block requires the construction of a dedicated loading area within the adjacent parking deck(estimated cost of$1.13M). • Soft costs provided include the agreed-upon 2%development fee, architectural design, civil design and due diligence. March 16, 2021 6 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#71384 (Continued) Here are the Cost Comparisons: Cost Comparisons • Comparable facilities: • Sandler Fine Arts Center- 1300 seats- $46.8 M-2007 • Anthem Washington D.C. -6000 capacity-$60 M -2017 • Coca Cola Roxy(Atlanta)-3500 capacity- $40 M (est.)-2017 • According to the Associated General Contractors of America construction inflation numbers, construction costs have increased 17.35% over the last five years • The previous target estimate of$35 million, without convertible elements and lawn, would exceed $41 million today Here is the Recommendation &Next Steps: Recommendation & Next Steps • City Council adopt ordinance to authorize CIP transfers for revision in venue scope • Staff and developer continue cost construction analysis with engineering consultants to refine the design and venue budget to arrive at a Guaranteed Maximum Price (GMP) • Commence construction by end of calendar year 2021 ,o Mayor Dyer expressed his appreciation to Mr. Williams for the presentation. March 16, 2021 7 CITY MANAGER'S BRIEFINGS CONFEDERATE MONUMENT REQUEST FOR PROPOSAL UPDATE ITEM#71385 2:19 P.M. Mayor Dyer welcomed Mark Reed, Historic Preservation Planner — Planning and Community Development. Mr. Reed expressed his appreciation to City Council for their continued support: w y ,(� a Virginia Beach a f i. :-4 Princess Anne County Y Confederate Monument Disposition rAiiis ,r - City Council Briefing r Mark Reed Department of Planning&Community Development March 16,2021 Ilk Here is the Summary: Summary • Provide update on disposition of the Confederate Monument • Two proposals received to relocate the monument • No consensus on selecting one of the proposals • Staff needs direction on location of the monument March 16, 2021 8 CITY MANAGER'S BRIEFINGS CONFEDERATE MONUMENT REQUEST FOR PROPOSAL UPDATE ITEM#71385 (Continued) Here is the Background: Background • July 23,2020 3- • City Council held a public hearing regarding ap the disposition of the Confederate Monument • City Council directed the City Manager to remove and store the monument and to request proposals for the permanent relocation • July 25,2020 • City and contractors documented the - -1 monument,removed the main portion of �� L the monument and placed in storage Two responses to the Request for Proposals were received for the permanent relocation of the Confederate Monument: Request for Proposals • RFP issued July 28 • RFP Closed September 1 s , • Two Proposals Received IO, • Princess Anne United Daughters of the Confederacy Chapter 435 and Princess Anne t Sons of Confederate Veterans Camp 484 c • Shenandoah Valley Battlefields Foundation t .' • RFP Evaluation Committee submitted questions to +�,� 1e 4 the offerors to better evaluate the proposals II ,. • Evaluation Committee did not reach consensus on a j' , _= -P '' t recommendation March 16, 2021 9 CITY MANAGER'S BRIEFINGS CONFEDERATE MONUMENT REQUEST FOR PROPOSAL UPDATE ITEM#71385 (Continued) The next three (3) slides provide an overview of the Princess Anne United Daughters of the Confederacy (UDC) and Princess Anne Sons of the Confederate Veterans(SCV)Proposal: UDC and SCV Proposal • Private non-profit 501(c)3 heritage organizations that are chapters of national organizations that formed over 120 years ago • These chapters were involved in raising funds and sponsoring the dedication of the monument �i., ico • To them,the monument is a memorial to their ancestors,both the veterans that returned at the end of the Civil War and those that died during the conflict • Private property owner in southern Virginia Beach will s; donate perpetual deed of easement and ingress egress for parking to UDC and SCV chapters on a one-half acre site UDC and SCV Proposal • They propose to display the monument in the same manner it was for 115 years near the Princess Anne Courthouse • UDC and SCV Chapters are requesting the City to provide the following: ,,►- • Facilitate preparation of physical Survey and easement exhibit,including legal language,title research and title insurance • Clear trees and prepare site,including landscaping • Install gravel or suitable material for driveway and parking area • Install monument on site,including pouring a concrete pad/foundation • Install a locking gate at entrance to site ____ • Install ten-foot-high wrought iron fence around the monument �, • Install security cameras connected to the internet to view the tp "' �'�-�"'�� monument • ,, • • Maintain the monument in perpetuity • Maintain the driveway and ingress/egress area in perpetuity • Provide insurance for the monument March 16, 2021 10 CITY MANAGER'S BRIEFINGS CONFEDERATE MONUMENT REQUEST FOR PROPOSAL UPDATE ITEM#71385 (Continued) UDC and SCV Proposal IS LAID CASIESSIOSE Dia Cons IE0'Of 6YIE[OEYTE it • City will foot the bill for site YYY1Yi1 ..M.f::K Pros preparation and relocation of • Organizations have a direct monument connection to the monument • City will have ongoing • The monument will remain in responsibilities in perpetuity, ■ Virginia Beach for care,insurance,etc. • Plan for public access is a e camera connected to the r-c: r internet • f.4 The next four (4) slides provide an overview of the Shenandoah Valley Battlefields Foundation (SVBF) Proposal: SVBF Proposal • The Shenandoah Valley Battlefields National Historic District was established by Congress in 1996 as a public private partnership—a federal entity to be managed in perpetuity by a private non-profit organization,the Shenandoah Valley Battlefields Foundation. • The Shenandoah Valley Battlefields Foundation interprets and provides visitor services at 20 Civil War battlefields and hundreds of related historic sites in 8 counties in the Shenandoah Valley.They propose to locate the Princess Anne County Confederate monument ^gym a in one of the National Historic District battlefield park sites. 1,. /4 • March 16, 2021 11 CITY MANAGER'S BRIEFINGS CONFEDERATE MONUMENT REQUEST FOR PROPOSAL UPDATE ITEM#71385 (Continued) SVBF Proposal • They propose to display the monument in one of their battlefields(they did not specify which one)in a battlefield position of Virginia troops and rededicate it as"The Virginia Monument." • Bronze tablets will be created to suit the monuments new designation • Original inscriptions will be preserved • Interpretive sign erected nearby to document monument's history SVBF Proposal • Their proposal requests the City to provide the following: • Donation of the monument • One-time payment of$2,500 from the City for their perpetual care fund • SVBF will provide trucks,personnel,rigging, -;- insurance,and road permits to enable rigging contractors hired by the City to load the monument • City to provide job-site security and vehicle escort to City line March 16, 2021 12 CITY MANAGER'S BRIEFINGS CONFEDERATE MONUMENT REQUEST FOR PROPOSAL UPDATE ITEM#71385 (Continued) SVBF Proposal Cons r-- • Location is 250 miles away Pros • Location has very little connection to • Experience operating historic the Confederate troops from battlefields,museums and sites Princess Anne County,very few local • Will be available for public soldiers were involved in the Valley campaigns visitation • Local descendants of Princess Anne's • Relatively limited cost to the City soldiers view the monument as a • SVBF will assume full ownership memorial for their ancestors and it and responsibility once transfer is will be taken away from them executed • Details of final location and monument display are lacking • Did not submit requested conservation plan The Princess Anne County Confederate Monument has been in storage since July 25, 2020: Current Status Maintain in Storage The Princess Anne County Confederate Monument has been in storage since July 25,2020. An Existing Conditions Report was produced at that time by Commonwealth Preservation Group that guided the removal process and provided recommendations for maintaining the monument in storage. THIS MONUMENT Providing proper care and maintaining the monument is PENDING in storage is a third option.The appropriateness of the RELOCATION OR current storage location/situation should be assessed. March 16, 2021 13 CITY MANAGER'S BRIEFINGS CONFEDERATE MONUMENT REQUEST FOR PROPOSAL UPDATE ITEM#71385 (Continued) Here is the Conclusion: Conclusion k LS • • No consensus reached on one of the proposals by a 'b the evaluation committee r . ; • We can continue to maintain in storage and {•'yz' ' ' evaluate options ." A • All requirements for removal have been met • Need City Council direction on whether the statue should remain within the City of Virginia Beach or ��. j - whether relocation outside of the City is --�- acceptable Questions t =ter �Ar t% { d, • , . Mayor Dyer expressed his appreciation to Mr. Reed for the presentation. March 16, 2021 14 CITY MANAGER'S BRIEFINGS CONVENTION AND VISITORS BUREAU SPRING MARKETING CAMPAIGN ITEM#71386 2:33 P.M. Mayor Dyer welcomed Nancy Helman, Interim Director— Convention and Visitors Bureau and Lauren Townsend, Interim Vice President of Marketing and Communications— Convention and Visitors Bureau. Ms. Helman expressed her appreciation to City Council for their continued support and distributed a copy of today's presentation, attached hereto and made a part of the record. 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SELECT ' - 1 .27M 19,304 TRAVEL BOOKING WEBSITES PARTNERS, ONLY $1.7M DIGITAL MEDIA TAGGED FOR -- S HOTEL CHES* BOOKINGS* TRACKING PURPOSES JUNE-AUGUST - i 0 0 *REPRESENTS 397. ROOM INVENTORY ;� t ,,, - Y: _ _- _. y " ice LE RN IN IND Z . , _. FORECASTS _ Ce T.,...� - _—... U Q TRAVEL DREAMING & PLANNING Z BETWEEN MARCH 1-7, 2021 7.1 2 a 84% 71 % of American Travelers �/ i of American Travelers Have Trips at Least ( Dreamt and Planned • Travel in the Last Week— Tentatively Planned r . A Pandemic Record Day-dreamed about taking a leisure trip 34.3% Talked to a friend or relative about a future trip 30.7% Researched travel ideas online 27.5% 600k,d a Hole:.1.6% Made travel reservations 15.Oa/o— Bought Airhn.n.we.:39.5% Researched travel ideas offline —10.7% Destination Analysts Coronavirus Travel Sentiment Index Report week of 3/8/2021 0o/s 10% 20% 30% 40% 50% 5 LE RN I N IND T FORECASTSZ U —Total Q —Millennials or younger CO- -Gen X Z Boomer or older a) Marketing Potential —WEST Q a —MIDWEST Growth Continues! -NORTHEAST Q 75.0 0 —SOUTH U '' _7" Many Segments Cross —International Travelers a= -.... —Air Travelers 03 .7 ' —,� from Red to Yellow for —Cruise Travelers CC " —Leisure Travelers 111 , / the First Time —VFR Travelers —Business Travelers 50.0 --Convention Travelers Female Potentially _Male Marketable —Affluent-Over 5 1 25K — 8125K —Under $SOK "'.(,"� —City Travelers 25.0 ' ,oaf., ;\ i� ,rtis�a � - 4 b "�r Beach Travelers °�-- -_ ti. ,.e-✓ .n ' � ., , \--4,,. •r -tt"-./ —US National Parks Travelers p _f�-✓ `J~ `, �'�" —Mountain Travelers -_�� —Desert Travelers Not Ready to Suburban area Travel Large city(urban area) 0. Q Rural area ;, o w ^o`. > ,. ro'�s.i''�'.`^.. ti' ;6'^\ry�4P�"rX " ' e x vy:,,'' h..,, 'e ^, a' 1' ,a',t c., a 1 ry,a ti ..m Luxury Hotel s''' s' otil�,p •F'�,T�.Fya 40,,, ' / .es v'ts ,,, v'bf i,jsa / ,p��.d �xl i� I,,,, A i ` ..Non-Luxury Hotel �d .1�� d' Q 4 ` —peer-to-peer lodging Destination Analysts Coronavirus Travel Sentiment Index Report,week of 3/8/202) —Campground or RV park 6 Ptver Sir LEVERAGE LEARNINGS T�UILD UPON OUR SUCCESS... YIMIiINT1iIN INVESTMENT REFINE TARGETING 0 . ' GEINDUSTRY „„ , PARTNERS yrEXTEND & EVOLVE MESSAGE - 7 MAINTAIN INVESTMENT �. ' tn- MAINTAIN YEAR-OVER-YEAR CAMPAIGN MEDIA SPEND OF $'I MILLION (DOMESTIC LEISURE) • CAMPAIGN MEDIA BUY RUNNING 3/2 - 6/30/2021 (END OF FY21); ROLLS STRAIGHT INTO FY22 LATE SUMMER/FALL CAMPAIGN. UPHOLD STRATEGIC MEDIA MIX ALLOCATIONS • HEAVY DIGITAL INVESTMENT WITH TRADITIONAL TV & SELECT PRINT PLACEMENTS LAYERED IN. 8 : , ...........,,"„...., ...._ _.. . __ FINE TARGETING } .. _ . • _ . __ , ,. „ „,„ --AINTAIN GEOGRAPHIC TARGETING. ,,n_.,,':'„ U Detroit /4ew 1'Orr, �• Q �` Bo`�t,.n U \, Pennsylvonio 41 • PRIORITIZE TOP—PERFORMING, HIGH—ROI o ip MARKETS WITH EMPHASIS ON DRIVE iitevork pna West Vrrgrn+o MARKETS. Washn Mg unlucky Vngrn Ritfond 7SYCHOGRAPHIC / PERSONA— ASED TARGETING. char.. North C ,,na Atlanta South Corotuvi • LAYER IN INTEREST AND BEHAVIORAL DATA TARGETING FOR KEY TRAVEL DECISION MAKERS. 9 F INE T R E Z a a c OUR LIFESTYLE TARGET APPROACH HAS BEEN WORKING. OUTDOOR / BEACH CULINARY CRAFT BEER ARTS / MUSIC HISTORY _ • -I S '111!°11111rif 4114 1111 ;4174:4111PLL.; 1:4;L..ake414.. ! 111 1171= THEY ARE PROVEN TO FACTOR INTO DECISION-MAKING. THEY ARE ACTIONABLE USING MODERN MEDIA TARGETING. THEY ALIGN CLOSELY WITH OUR PRODUCT. WE CAN DELIVER. 10 INE T <, N Z Q AS WE LAUNCH OUR SPRING / SUMMER 2021 CAMPAIGN, WE HAVE APPLIED A STRONG FAMILY-CENTRIC LENS TO OUR WORK. LIFESTYLE INTERESTS ARE STILL INFLUENTIAL, BUT WE NOW ALSO HAVE A KEEN FOCUS ON TARGETING THE TWO TYPES OF FAMILIES, AND ESPECIALLY THAT PERSON WITHIN THE FAMILY MAKING THE TRAVEL DECISIONS. 11 REFINE TARGETING �` y 0 .,.., ,_ i ,_ .. Z 0 7„ SAMANTHA ALEXANDRA ,.. , its , ..• ie, , ., . . f , I ,,,,,„ , . . .. / ,,..: .,....., •.g 4 ' 0 , .., Ai, '" - t, , Aro: ' Head of our Good Value Travel Family Head of our Epicurean Travel Family 26-40. 1-2 young children. 30-55. 2 older children. HHI: Up to $150K. HHI: Over $150K. 12 NT Demo:Women 26-40 HH Income: Up to S150k Engaging Samantha HEAD OF OUR GOOD VALUE TRAVEL FAMILY She is likely staying at a hotel: We can best speak to her through: •tconorny Digital ProgrammatL Advertising,Programmatic Video •Midscale Advertising,Connected TV Ads,Social Media,Micro- a •Upper Midscale influencer programs,Branded Content : �. • More about Samantha: ' Samantha's interests include: . ;'"'J; •'' • Suburban,working mom,entry to mid-level career, i,ave.,vacat or;,Travel webs,es. :ea s t Luuuons, '� ,� .• heavy social media activity,frequent coupon user, Family,Disney, Health and Nutrition,Style/Life Hack, f .,.! .• �' box-store shopper,more willing to road - DIY Home-projects trip/weekend getaway,early adopter,more willing tr .y try new things,more likely to visit a craft brewery, �. Search terms she uses: loyal to brands that share her social and political 'Best Kid friendly restaurants t, • _ ,*{ views,more time spent researching before -Family friendly things to do purchasing -Best museums for kids Samantha keeps busy as the Head of Operations of her family.When •Kid friendly beaches in planning mode,she spends her lunch hours and nights searching When she goes on vacation: •Lighthouse tours in Virginia Beach for family vacation locations and browsing social media for vacations •went upwards of$1000 on their last trip. 'Affordable kid friendlythings to do that balance her desire for relaxation with the desire for making fun. 'Over-index for participating in a wide variety of vacation activities. Sites she frequently visits: memorable moments for her family. •Also likely to spend most days at the histogram,Pmterest,Huff Post,Refinery 29,Lonely beach,but enjoys hopping,sightseeing,sports, Planet,Garden and Gun,New York Times,Expedr. She's always looking for those one or two special splurges(those best attending events,dining and family activities are all fravelocity,Trip Advisor,hotels.com(other deal- ever experiences)that cap a vacation while finding all the deals key areas of enjoyment. oriented booking engines). and comfortable locations to keep a trip from overwhelming her. Publications she likes to read: She wants to feel confident that her vacation choices for lod Samantha is likely to live in: in _,�i-,y Circle,Better Homes&Gardens,USA Today,PBS g Raleigh,Greensboro,Richmond,Washington DC, Samantha Brown Places to Love,Budget Traveler, food and activities are easy,orderly,and affordable,and she'll read Pittsburgh,Philadelphia,Harrisburg, Trekaroo,Family Vacation Critic,US News&World every review and gather every coupon code to make the most of her Charlotte.Columbus,Cleveland,Cincinnati, Report familys vacation within her budget. Charleston,Roanoke,Charlottesville,Harrisonburg or Boston She leaves Virginia Beach excited to return,perhaps altering her choices slightly based on seeing what the destination has to offer. 1 ` 113 ALEXANDRA Demo: Women 30-55 HH Income: More than $150k Engaging Alexandra HEAD OF OUR EPICUREAN TRAVEL FAMILY When she chooses a hotel, it is likely: —„ 4. •LJxJ : We can best speak to her through: Digital programmanc advertising,Connected TV ads, {, 'Upper Upscale Social Media,Native Articles. t ., h; •Upscale Branded and Co-Opted Content Partnerships iT ' More about Alexandra: Alexandra's interests include: ,•: ^ w� Socially-aware,image-conscious and Travel,Hotels.To ,iin.Vacations,Travel Websites.Trio leans more conservative,more financial freedom, Advisor,Wine clubs.Health and Wellness.Interior appreciates being served,luxury brand affinity, Design /.— ______, luxury travel and hotel memberships,fine dining, ,Y:.; " ---�` seeks exclusivity and premium experiences Search terms she uses: Ill •Best restaurants When she goes on vacation: Bucket List Experiences Alexandra is a highly-involved modern parent working hard to curate 'Spent upward of$2000 on their last trip. •Best Boutique shopping near me an ideal experience for her family.She keeps a mental list of family •ever index for participating in a wide 'Guided Experiences vacations to check off before her kids head off to college. variety of vacation activities. 'Best Yoga/Pirates studio For her,vacations are not a luxury-there are a must. •Luxury spa near me •Shopping,sightseeing,sports,attending 'James Beard Restaurants in VA Beach events,fine dining and relaxation are all key areas of For beach vacations,she expects her family is pampered.She prefers, en o ent. luxury,modern accommodations,delicious regional food, ultra I She frequents visits: g and -,Icennok.Soaa Proof/Peer sharing,Trave at Le s,,,e, clean beaches are a must. She isn't afraid to"throw a Alexandra is likely to live in: cnod and Wine,Southern Living,Food Network Savory little money at it"to take the trip to the next level.She is also more Raleigh,Greensboro,Richmond,Washington DC, likely than most to opt for the comfort and privacy of a Sandbridge Pittsburgh,Philadelphia,Harrisburg, Publications she likes to read: beach house She wants smaller tours,smaller more exclusive crowds Charlotte,Columbus,Cleveland,Cincinnati, Parents,Real Simple,Coastal Living,Bon Appetit, and high-end shopping that makes her feel safe. She doesn't require Charleston,Roanoke, Departures.Architectural Digest,Wall Street Journal, extensive variety,as long as her choices are premium. Charlottesville,Harrisonburg or Boston AFAR magazine. Once her family activities are mapped out.she'll concentrate on finding her own premium experiences at spas,local yoga,and other experiential moments to recharge her whole self.While a planner,her disposable income also enables her to be more spontaneous while traveling. ` / ` '14 PARTNERS INDUSTRY ., .. . .. ENGAGE Opportunity:Gain alignment on family target/targets moving forward Goal:Clearly define a set of family/head of household personas that represent relevant family types WE' L Eby I -AAC Stakeholder 2-S „5-Persona Finalized 6- ROLLOUT Survey Rases ervi lik V LATE NOV./ EARL $E SEPT 10 OCT. 8 NOV. AAC MID- NOV. DEC. rit Engage industry partners1 Ground the pry n an Cp(laboraf ,,, q d vend* Immi orate any CVB to present at key for anecdotal insights objective,data centric ,ring AA rr s share initial substantial feedback q association/partner regarding visiting families view of families and idea arid ix. tatyn of personas begin letting personate meetings they are seeing trends shepinttheir P " _ inform marketing work travel decisions conversation that gets us to a complete persona or set of personas 15 i �iiii t j I f t. /f rj ; / - pd.' I 1, 1 / 0 /' i4,�!//f , . /,,,,, ,, /; 5 , 1/ry/ '/ f/ ,1/,,,j; � 1, ,j , i p V) , I !• / / : I• f, Ali �i i, �, . CC / 1ZI1M11i11l1l iitt;i i1.07 , fill//i/ 11Illfil11/I/11I•/4 fi // / At . iz] 1, i . ii j ip CZ ifl 'il. 1Lfli i i i . : II, i 1 a. - # i.. . i ' if! II }i I f : 1 rii ii !' . : 1 >•• me 2 . 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BEACH .- /�/�(��(�BERCH & ! ire OL�� �� f \��IIVE IMF lliF _ \� tIVF MI H I/, �„-1 � ..4 Lm so I. � Lai 1 F 16 I Lm 00 to 20 NATIVE UNIT EXAMPLES W _ . ...__ •TODAY too positives sraoao aneatedoapaeMs eMMAtyalaNas w;Y�M.etc help SUBSCRIBE NOW Cincinnati.com The Enquirer W SI for J months.Save W7''w CC News Sports Entertainment Ufa Money Tech Trav<I Oanlvn. 7,, r., ,ve.crka stenuw Taco Bell to test Crispy Chicken Sandwich Taco News Sports Politics Opinion For Subscribers NKY Obituariss E•Edltion Legal, 0 Q 04°F(Q LL f,vellrIlrniewithr Chicken Sandwich War 1h in new Cr Ro.Chicken Sandwich T.wvn<a . h IIe.Tmntxu.and eTnrant North Carolina _ Local Black-owned brand Creamalicious ice cream _ M,Talaaaon +,,.. 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C.thegth.fcnaond.me,elrheti.ng aoddnwmre day•oery III*o!our /0eor.anacnes sn o got Invo.erasantlrea.r ratle.ut frNl dhnny rho fyn bmNY vxation+hat re needed new man than over We encavroye put.oral bwnn..Hs to got invoMd as we My,n rollm9 oW • \ canoue tools and.«eucc.. •r JUMP TO 1 �C, f } \11 VA SMARTER 2021 �,is 4 d ! N TAKE THE VB SMARTER PLEDGE VB LEARNING GUIDE ilizA — * , f r'• ..eii .Po,wf 4 r*B COLOR , IV M AQUARIUM BOOK -,l S6AATWGER AINIT SCAVENGER HUNT n �.ae..d.r.»,r.e..» ,..y.tt,ei.e.e .e..,... Gene.,«e»..ova«*eh th.n�......o.....,.".,e.w wenro+hw.oa mop.,N.,,e..r.,.ewb•rt 'new. apm,,ae..T.e.».ve..,.e.w vnnv,a Moo voo.«c.e...e.men trn,el.,e ...»� 24 1„the olan.S....,.W...Mo..ee,.e..»..'Learn Me»• ,i4rItw ---.:::::.„,, repMl�i.[J �\1 J es[i.pe11 CAMPAIGN TOOLKIT D epos -...t T . 3 w o LIJ l �J, IJ wr.r .'."`�" �. .°.° AQUARIUM La•tt n i� ,.;:� SCAVENGER • • �/ L"• a °`Ife I q seeeeep'ts•weemile.e. 1-4 M/� 4'��-(("C.��1//IiIIILLI' f ly*,' M...�.r�..__ TT _• /\— , _ _`Q IA. 11 � -ili ILI'1'Altl' ? /CIPtI .....- I ec r..ut, s.niini,,..., FMl oe\AW , •tricetop BEACH f��,\ ., U1 _ �,� ,1,01,•, 'Jll:f Ulf tire \\I i_� I. - ii- -- ,' ,1 4+ •NO 11 1� �1 YTTNe111MUOCMLOM I 1 — I •`�', " .q„ . «�Ili:r'rrid•1Sb 51_ -- --r , ..... •.n.let e • F.aoo _nn[i Yi111.4,cep •µgm'"" ��. 0 25 9Z , 011. $ jr, 1.0dS Al 15 CITY MANAGER'S BRIEFINGS FY21 MONTHLY FINANCIAL UPDATE ITEM#71387 2:53 P.M. Mayor Dyer welcomed Letitia Shelton,Director—Finance. Ms. Shelton expressed her appreciation to City Council for their continued support: FY2o21 Interim Financial Statements �'°� ' Finance through February 28, 2021 March 16,2021 Here are the FY 2021 General Fund Revenues and Expenditures as of February 28th: FY 2021 General Fund Revenues and Expenditures February 28, 2021 ($ in millions) Budget ETD Variance Revenues Local $ 997.4 $ 506.8 $ (490.6) State 162.2 65.3 (96.9) Federal 23.0 14.4 (8.6) Total Revenues $1,182.6 $ 586.5 $ (596.1) 49.6% Expenditures and Encumbrances: City Operations $ 768.20 $ 504.3 $ 263.9 City Capital Projects-Cash Funding 52.8 51.7 1.1 Trsf to Schools 459.5 303.2 156.3 Trsf to Schools-Capital Projects 27.2 13.4 13.8 Total Expenditures $1,307.7 $ 872.6 $ 435.1 66.7% Amounts appropriated from Fund Balance $ (125.1) (encumbrances,approved carryforwards and others) March 16, 2021 16 CITY MANAGER'S BRIEFINGS FY21 MONTHLY FINANCIAL UPDATE ITEM#71387 (Continued) Here are the FY 2021 General Fund-Local Revenues as of February 28`h: FY 2021 General Fund - Local Revenues February 28, 2021 ($ in millions) FY 2021 FY 2020 Bndeet YTP & Budget YTP °la Local Revenues: Real Estate Taxes $ 581.0 $ 304.7 52.4% $ 558.7 $ 291.0 52.1% Personal Property Tax 104.7 20.8 19.9% 110.0 20.7 18.8% Other Local Taxes* 229.6 138.5 60.3% 251.0 142.8 56.9% Charges for Services 46.1 23.9 51.8% 44.7 25.2 56.4% Use of Money and Property 7.3 1.3 17.8% 9.7 3.8 39.2% Fines and Forfeitures 4.3 1.8 41.9% 4.4 2.4 54.5% Other Local Revenue 6.2 3.5 56.5% 5.5 3.7 67.3% Transfers 18.2 12.3 67.6% 31.5 7.5 23.8% Total Local Revenue $ 997.4 $ 506.8 50.8% $ 1,015.5 $ 497.1 49.0% •Some examples of other local taxes are:Sales,Meal,Hotel,Utility and Telecommunications Taxes Here are the FY 2021 General Fund- Other Local Taxes as of February 28t: FY 2021 General Fund - Other Local Taxes February 28, 2021 ($ in millions) FY 2021 FY 2020 Budget YIP °La Budget YIP la Other Local Taxes: Sales Tax $ 63.2 $ 46.7 73.9% $ 66.7 $ 42.5 63.7% Utility Tax 25.4 14.5 57.1% 26.2 15.6 59.5% Telecommunications 20.3 11.7 57.6% 23.4 12.6 53.8% Business License 46.3 17.3 37.4% 51.9 17.5 33.7% Automobile License 11.6 6.3 54.3% 11.7 6.0 51.3% Hotel 5.8 5.2 89.7% 7.8 6.1 78.2% Meal 37.0 22.9 61.9% 41.0 30.4 74.1% Cigarette 9.0 5.7 63.3% 10.4 6.3 60.6% Misc.Local Taxes 11.0 8.2 74.5% 11.9 5.7 47.9% Total Other Local Taxes $ 229.6 $ 138.5 60.3% $ 251.0 $ 142.7 56.9% March 16, 2021 17 CITY MANAGER'S BRIEFINGS FY21 MONTHLY FINANCIAL UPDATE ITEM#71387 (Continued) FY 2021 General Fund - Other Local Taxes •1-month Lag •2-month Lag •Hotel •Sales Tax • Meal • Utility Tax •Amusement •Telecommunications •Cigarette •Automobile Here are the Trustee Taxes March through February 2021 vs 2020: Trustee Taxes March through February 2021 vs 2020 Mar l2r M�a lune to.k 9 SAP 0R Nov Dm 1,m Fab Subtotal Nobel: 2019/2020 $ 1,09,695 $ 1,911,606 $ 2.529,218 $ 3,585,465 $ 5,276,334 $ 6,663,567 $ 6,33;151 $ 3,764637 $ 1722,902 $ 1,186,102 $ 99,940 $ 126,538 $38,900,425 202672021 503,179 886,278 485,94 1923,265 4,102,503 4622,551 5,974,441 3,44170 1,558,617 414,756 947,247 257,630 26,079,091 Difference q.N•6.l (3,54516) (1095,328) (2.063,234) 11762,133) (1175931) (1661325) (157.710) (302,137) (164,2E5) 6434 (12,693) (564708) (11,824334) .66% .55% .61% .49% .22% .23% .6% 06 •10% 6% -1% -69% -33% Mf.1 %Sr %151I line gilt' 29 f40 )E 1m f i, Subtotal Meal: 2019/2020 4,2E4089 6,543,92$ 5,790,711 6311,715 4919,767 6917,362 4313,237 1417,699 5,432,762 5,44377 3,623,219 5010996 71.112.930 2020'2021 3,492,910 4,316,092 2,832,941 1,514179 M3,992 6,014,374 4067,066 5,694102 5,023,292 5,275,514 5,22;133 1,314,453 47,860,096 Difference 0.s45l (775,179) (2.227,83) (295794) 14,774,236) (4074775) (902,913) (296,1711 (52159) (49,470) (214163) (103,336) (5.696,563) (23,252134) -18% -34% .51% .76% 18% .13% .5% -8% -8% -4% •7% •74% .33% ednbeloo: 2019/2020 324,206 389,605 606,030 74,364 1,44,865 1366,936 982,999 371,862 676,71E 439,361 490,2A 353,94 3,204,,810 2020/2021 1719115 222,783 52,152 6%424 210,284 467,693 315,223 337,723 265,191 20477$ 20;580 4,380 1572698 0lf4re0re 0.106.l (1452231 (166821) (553,5791 (678,991 (124,91) (89,241) (667,771) (34,139) 011517) (236 86) (2 8,B0) (305,014) (5,632,113) .45% -43% -91% -91% 16% -66% -66% -9% .61% -54% .59% -86% -69% Gewrel sic 2019/2020 4,121,666 4,47;653 5,504948 5,19,852 6,024400 4033,43 7,47199 4374467 5,770,418 5,532.769 6,34,238 5,971334 69,357,407 0135'2021 4,903,315 4,454,350 5,360,274 4,906,028 5,715,400 6,706,903 7,065,459 6,704539 4412982 419,265 5,919,313 7,743,877 72,064,731 Difference nrlun6.l $ 4811,679 $ (11303)$ (146,574)$ (553824)$ (291,000)$ 686,226 $ (386,540)$ 331052 $ 642,464 $ 620,516 $ (V9,855)$ 1771,43 $ 2.707,324 11% 0% .3% -10% -5% 11% .5% 5% 11% 11% -7% 30% 0% Note:Additional$3.6 M of Meal Taxes and$0.5 M of Hotel Taxes received in Feb 2021 but not posted till March 2021 March 16, 2021 18 CITY MANAGER'S BRIEFINGS FY21 MONTHLY FINANCIAL UPDATE ITEM#71387 (Continued) Here are the Hotel Taxes March through February 2021 vs 2020: Hotel Taxes March through February 2021 vs 2020 Sg.00o,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 5- Mar Apr May June July Aug Sep Oct Nov Dec Jan Feb 2019/2020 2020/2021 2020/2021 • Here are the Meal Taxes March through February 2021 vs 2020: Meal Taxes March through February 2021 vs 2020 $6,500,000 $5,500,000 $4,500,000 $3,500,000 $2,500,000 Taxes Assessed and Not Collected During Meal Tax Holiday $1,500,000 I June(May Sales)-$2.9 M July(June Sales)-$4.2 M $500,000 Mar Apr May June July Aug Sep, k1 Nov Dec Jan Fel: 2019/2020 2020/2021 — —2020/2021-Constant 5 March 16, 2021 19 CITY MANAGER'S BRIEFINGS FY21 MONTHLY FINANCIAL UPDATE ITEM#71387 (Continued) Here are the FY 2021 General Fund-Expenditures as of February 28t: FY 2021 General Fund - Expenditures February 28, 2021 ($ in millions) FY 2021 FY 2020 Budget LED 912 Budget YID 46 Expenses and Encumbrances Salaries 1 $ 294.6 $ 188.7 64.1% $ 312.5 $ 196.2 62.8% Fringe Benefits 1 114.6 71.8 62.7% 110.1 68.5 62.2% Other Operating Expenses 2 230.2 166.7 72.4% 193.0 136.2 70.6% Leases 10.0 8.6 86.0% 8.5 4.1 48.2% Capital Outlay 7.8 5.7 73.1% 9.9 7.6 76.8% Transfers 575.8 392.5 68.2% 564.3 387.9 68.7% Debt Service 57.7 38.6 66.9% 54.4 38.6 71.0% Reserve for Contingencies 3 17.0 - 0.0% 13.7 - 0.0% Total Expenditures $ 1,307.7 $ 872.6 66.7% $ 1,266.4 $ 839.1 66.3% 1 FY2021 includes Hazard,Emergency Responders and Appreciation Pay-$6.0M 2 FY2021 include$16.4M payment to United Way 3 FY2021 Contingencies includes a City Manager's Reserve of$10.4M from CARES Funds Here is the FY 2021 General Fund Summary as of February 28th: FY2021 General Fund Summary February 28, 2021 100% �. ACTUAL REVENUES YTD=$586.5 M/$1,182.6 M 92.4%�i 97A% ACTUAL EXPENDITURES YTD=3872.6M/31,307.7 M -6r 79A% 80% 72.0%/ 61.6% ' r 72A% 64.7% 54.73/4 48.2% 51.1%i KA% 49.6% - 55.4% 47.2% M.6% ,-/ 43.4% - 45.2% 49.1% 40% �f'y 22.541t 42.1% 31,3% ! 33.1% h 22A% -/ 29.6% 20% 16.0% _/ 22.4% 2L7% 15.4% 6 12.0% 5.0% 11.9% 1.6% 9.7% 0% Id• Aug Sep Oct Nov Dec But Feb Mar Apr May But %of FY2021 Ee.Be•et -9 IN Trend -r-%of FY 2021 Rev Bud et --Rev Trend March 16, 2021 20 CITY MANAGER'S BRIEFINGS FY21 MONTHLY FINANCIAL UPDATE ITEM#71387 (Continued) Here is an update on the CARES Act Funding: CARES Act Funding • Received a total of$78.6 million • 1st Allocation of$39.3 million—June 1, 2020 • 2nd Allocation of$39.3 million—August 12, 2020 • FY2020 Eligible Expenditures transferred to grant - $35.7 million • FY2021 Eligible Expenditures - $42.9 million • Transferred to grant as of 2/28/21 - $24.9 million • Still to be transferred -$18.0 million Here is the Summary: Summary • FY 2021 General Fund Revenues and Expenditures tracking comparable to prior years as a % of budget. • FY 2021 Trustee Taxes continues to trail Prior Year • Real Estate Collection Percentages: • FY2021 through Feb 28—98.2% • FY2020 through Feb 28 —98.4% March 16, 2021 21 CITY MANAGER'S BRIEFINGS FY21 MONTHLY FINANCIAL UPDATE ITEM#71387 (Continued) Here are the Next Steps: Next Steps FY 2022 Budget Proposal March 23, 2021 FY 2021 March Update—9 months April 20, 2021 FY 2021 April Update—10 months May 18, 2021 Mayor Dyer expressed his appreciation to Mr. Shelton for the presentation. March 16, 2021 22 CITY COUNCIL DISCUSSION INITIATIVES ITEM#71388 3:03 P.M. Mayor Dyer opened the City Council discussion. Council Member Moss suggested the following initiatives: • Non-material policy changes for re-development requests coming up. Council Member Moss provided examples of changes to building code requirements and increasing the height above the flood plain areas to make new structures more resilient. • Adopt a formal Resolution for budget guidance; and • Setting a timeline for a process to establish a redistricting committee, similar to the State's process. Council Member Moss advised this should happen before the Census Bureau makes a decision in September. Council Member Abbott advised she has received requests from citizens who would like to have a better understanding of benefits from the trees and forest areas within the City. Council Member Abbott advised New York City conducted a street tree map which cataloged and calculated the economic impact and value of 685,000 trees to their stormwater system. Council Member Abbott advised the City has done something similar and believes having this information would make it possible to assign a value to trees and use it as a tool to encourage developers to replace any trees removed during construction. Mayor Dyer advised it is important to educate people on all of the benefits trees provide and expressed his appreciation to Council Member Henley for her initiative in the southern part of the City. Council Member Henley advised she forwarded,just today,Dr.McLaughlin's Phase I Tree Study report to the Body. The study was completed a year ago;however,a presentation on the results could not be provided due to the pandemic. The report provides the value of the City's forestry in relation to stormwater and the evapotranspiration (ET)process, adding that an article was recently published in a national landscaping magazine, and the City is "light years"ahead of many other places. Council Member Henley advised the second part of the study will be completed by Virginia Tech with a focus on specific areas that should be conserved and reforested. Council Member Henley further advised, last year City Council adopted a Resolution requiring any trees removed by the City for a project, be replaced as seen in the Ashville Park replanting of 800 trees. Council Member Henley advised she is very concerned with the direction of the Southern Canal Lead Ditch Culvert Project. Council Member Henley believes it is a good project and properly funded but wants to ensure the project is prioritized to identify the lead ditches, canal and culverts requiring maintenance in order to remove excess water. Council Member Henley explained it is important to include budgeting for maintenance within stormwater projects going forward. Council Member Henley explained the types of ditch drainage systems and has recently worked with the Green Ribbon Committee to bring a Resolution forward to incentivize individual homeowners to help with drainage needs. March 16, 2021 23 CITY COUNCIL DISCUSSION INITIATIVES ITEM#71388 (Continued) Council Member Henley advised the Ordinance on the Agenda tonight concerning the National Fish and Wildlife Foundation's grant for the study of marsh island restoration in Back Bay will address wind tide flooding and is scheduled to be completed next year. Council Member Henley concluded with expressing her appreciation to Congresswoman Elaine Luria who is establishing an Albemarle Roundtable that she will be a part of March 16, 2021 24 CITY COUNCIL COMMENTS ITEM#71389 3:21 P.M. Council Member Moss referenced the House Committee's report regarding The American Rescue Plan Act of 2021, advising he has requested to have the City's Lobbyist provide a synopsis to understand the key points. Council Member Moss advised it will be important to take advantage of grants that can provide tax reductions for citizens. March 16, 2021 25 CITY COUNCIL COMMENTS ITEM#71390 (Continued) Council Member Moss was previously informed the City is in compliance with the state standard regarding the Juvenile Detention Center and believes there is time to address issues on having a common or distinct system with the Sheriff's Department to address custodial requirements. March 16, 2021 26 CITY COUNCIL COMMENTS ITEM#7132891 (Continued) Council Member Moss referenced a memo regarding the installation of an atrium in the new City Hall Building noting some believe it would be a symbol of open government; however, he believes emphasizing practices of open government is what is needed, not symbols. March 16, 2021 27 CITY COUNCIL COMMENTS ITEM#7132892 (Continued) Council Member Wilson responded to Council Member Moss's comment regarding the Ordinance on the Agenda for funding for the Juvenile Detention Center and recommended looking at centralizing the facility before appropriating the funding tonight. Council Member Moss advised he does not have a problem with approving the item on the Agenda tonight with the understanding the City Manager will not obligate the funding until the Body's questions have been answered. March 16, 2021 28 CITY COUNCIL COMMENTS ITEM#71393 (Continued) Council Member Henley expressed concerns that there is not enough time to receive all of the budget briefings the Body historically receives and advised she is willing to come in early to receive briefings to ensure she has all of the information. Council Member Moss advised he appreciated having the briefings like last year, where the presentations were recorded and able to be reviewed individually. Council Member Moss advised the presentations are not as important to him as the value in having time with staff to ask questions. March 16, 2021 29 AGENDA REVIEW SESSION ITEM#71394 3:40 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT eight(8)franchise agreements re Open Air Cafés in the Resort Area: a. 3001 Atlantic, LLC, t/a Catch 31 Café re boardwalk café at 3001 Atlantic Avenue b. 3315 Atlantic, LLC, t/a Lagerheads Cafe, re boardwalk café at 3315 Atlantic Avenue c. Thirsty-24, LLC, t/a Atlantic Pints Café re sidewalk(Atlantic to Pacific) café at 2314 Atlantic Avenue d. Chix Sea Grille,LLC, t/a Chix Café, re boardwalk café at 701 Atlantic Avenue e. ANSHI, Inc., t/a Cancun Fiesta Café re sidewalk (Atlantic to Pacific) café at 1516 Atlantic Avenue f Moliar Liquid Assets 2, LLC, t/a Repeal Bourbon&Burgers Café re sidewalk (Atlantic to Pacific) café at 202 22nd Street g. Beachside, L.C., t/a Yacht Club Café re sidewalk (Atlantic to Pacific) café at 2607 Atlantic Avenue h. Aqua Investment Associates, L.P., t/a The Square Whale Cafe re boardwalk café at 3900 Atlantic Avenue 2. Ordinance to EXTEND the date to satisfy the conditions re closure of an unimproved portion of Singleton Way,South Witchduck Road and Princess Anne Road(Approved April 22, 2014) 3. Resolution to DECLARE the proposed location of Tranquility at the Lakes II a Revitalization Area re qualify for Virginia Housing Financing 4. Resolution to AUTHORIZE the City Manager and City Clerk to place tax or fee increase advertisements for the proposed FY2021-22 Operating Budget: a. Short Term Rental Zoning Permit Fee b. Communication Towers Administrative Review-Eligible Fee / Standard Review 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a non-binding agreement with the United States Navy re NAS Oceana future base design 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an agreement with FitLot, Inc. and ACCEPT a $4,010 donation re plan, build and program an outdoor fitness park at Williams Farm March 16, 2021 30 AGENDA REVIEW SESSION ITEM#71394 (Continued) 7. Ordinance to ESTABLISH new Capital Improvement Project "Juvenile Detention Center Security Replacement"for FY2020-21 and TRANSFER $600,000 from the FY2020-21 Human Services Operating Budget to the newly created capital project 8. Ordinances to ACCEPT and APPROPRIATE: a. $51,600 in CARES Act funding to the FY2020-21 Parks and Recreation Operating Budget re out-of-school time program b. $135,124 from the National Fish and Wildlife Foundation's National Coastal Resilience Fund, to the Capital Project #100365 "Sea Level Rise/Recurrent Flooding Analysis"re study of marsh island restoration in Back Bay c. $300,000 from the Landmark Foundation to the FY2020-21 Public Health Operating Budget and AUTHORIZE grant-supported positions re Baby Care Program 9. Ordinances to TRANSFER: a. $238,000 from the General Fund Reserve for Contingencies to the FY-2020- 21 Planning and Community Development Operating Budget to be provided to Hampton Roads Transit as a local match re Microtransit Demonstration Project(Virginia Beach West Pilot) b. $4,850,000 from Capital Project #100147, "Dome Site Parking" and $4,375,000 from Capital Project #100059, "Resort Parking District" to Capital Project #100146, "Dome Site Entertainment Venue" re costs associated with the design and construction of the entertainment venue J. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER WILSON FILED A DISCLOSURE FOR ITEM#ld ITEM#9b WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#9b March 16, 2021 31 AGENDA REVIEW SESSION ITEM#71394 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. GRAY POINT COVE, LLC & SHARON L. GRAY for a Variance to Section 4.4(b) of the Subdivision Regulation re lot width at 3108 Little Haven Road DISTRICT 5—LYNNHAVEN 2. KENNETH STUART PROUD/MARK& CRYSTAL PROUD fora Change in Nonconformity re enlargement of existing dwelling at 228 Cavalier Drive DISTRICT 6-BEACH 3. MS VIRGINIA BEACH,LLCfor a Modification of Protfers at 2257 Willow Oak Circle re add 49 units to the 392 existing units DISTRICT 5—LYNNHAVEN(Approved on June 1, 1987) 4. FIRST CHINESE BAPTIST CHURCH for a Modification of Conditions re religious use at 228 Pritchard Road DISTRICT 6—BEACH(Approved May 1, 1961) 5. MAXIMO P. AQUINDE JR. & EDYNERRIS O. AQUINDE for a Conditional Use Permit re family day-care home at 980 Avery Way DISTRICT 1 - CENTERVILLE 6. DEON JOHNSON SR. & YESSICA DIAZ-JOHNSON for a Conditional Use Permit re family day-care home at 5150 Rugby Road DISTRICT 1 - CENTERVILLE 7. TOYA SMITH/SST HOLDINGS, LLC for a Conditional Use Permit re assembly use at 701 A South Military Highway DISTRICT 2-KEMPSVILLE 8. XPERT SERVICES,LLC/VB INVESTMENTS,LLCfor a Conditional Use Permit re car wash facility at 4937 Broad Street DISTRICT 4—BAYSIDE(Deferred from February 16, 2021) 9. NORTH LEGEND OUTFITTERS, LLC / BENJAMIN DAVID & BROOKE HARRIS LINDBORG for a Conditional Use Permit re home occupation —retail sales (firearms) at 1017 Dartford Mews DISTRICT 5-LYNNHAVEN K.PLANNING ITEMS: COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEM#2 ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY ITEM#9 WILL BE CONSIDERED SEPARATELY March 16, 2021 32 ITEM#71395 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). • Princess Anne District • Princess Anne District • Beach District • Princess Anne District • Princess Anne District • Princess Anne District • Princess Anne District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3 711(A)(7); • Baust, et al v. City of Virginia Beach • Adams Outdoor v. City of Virginia Beach CYBERSECURITY MATTERS: Discussion of plans to protect public safety as it relates to terrorist activity or specific cybersecurity threats or vulnerabilities and briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions taken to respond to such matters or a related threat to public safety; discussion of information excluded from this chapter pursuant to subdivision 3 or 4 of Section 2.2-3705.2, where discussion in an open meeting would jeopardize the safety of any person or the security of any facility, building, structure, information technology system, or software program; or discussion of reports or plans related to the security of any governmental facility, building or structure, or the safety of persons using such facility, building or structure pursuant to Section 2.2-3711(A)(19). March 16, 2021 33 ITEM#71395 (Continued) PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business'or industry's interest in locating or expanding its facilities in the community pursuant to Section 2.2-3711(A)(5). • Princess Anne District • Princess Anne District • Princess Anne District • Princess Anne District 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 March 16, 2021 34 ITEM#71395 (Continued) Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 3:48 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer, Barbara M. Henley,Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi Break 3:48 P.M. — 4:06 P.M. Closed Session 4:06 P.M. — 5:42 P.M. March 16, 2021 35 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MARCH 16, 2021 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Virginia Beach Convention Center, Suite 5, on Tuesday, March 16, 2021, at 6:00 P.M. Council Members Present: Jessica P.Abbott, Mayor Robert M.Dyer,Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi Ill 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. March 16, 2021 36 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If,during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. March 16, 2021 37 ITEM— VLE CERTIFICATION ITEM#71396 Upon motion by Council Member Wilson, seconded by Council Member Moss, 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,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi Council Member Abbott stepped out during discussions of Publicly-Held Property in the Princess Anne District due to a potential conflict(5:26 P.M. —5:29 P.M.) March 16, 2021 rc‘,41A.B,,,,c it5'- 2 f J OF OUR „woo RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#71395 Page 34 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. manda Bar es, MMC City Clerk March 16, 2021 38 ITEM— VLF.1 MINUTES ITEM#71397 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council APPROVED the MINUTES of the SPECIAL SESSION of February 23,2021 Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, 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 Aaron R. Rouse Council Members Absent: Michael F. Berlucchi March 16, 2021 39 ITEM— VLF.2 MINUTES ITEM#71398 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 2,2021 Voting: 9-0 Council Members Voting Aye: Jessica P.Abbott,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 Abstaining: Aaron R. Rouse Council Members Absent: Michael F. Berlucchi March 16, 2021 40 ITEM— VLG.1 MAYOR'S PRESENTATIONS ITEM#71399 PROCLAMATION R. PRESTON MIDGETT II DAY Mayor Dyer welcomed Mrs. Kim Midgett, widow of Robert Preston Midgett, II, and presented the Proclamation declaring March 16, 2021 as, "R. PRESTON MIDGETT II DAY". Mayor Dyer recognized Mr. Midgett's loyal public service to the City for nearly twenty (20) years. Mr. Midgett served on a multitude of local committees as well as several City Council Boards and Commissions including the Resort Advisory Commission, Resort Development Task Force Chairperson, Board of the Patriotic Festival Foundation and with his wife, became members of the Neptune Festival's King's Court. In January 2021, the City lost an open-hearted resident and the community lost an inspiration for compassion, integrity and leadership. Mayor Dyer encouraged all citizens to join him in expressing condolences to the Midgett family for the loss. Mrs.Midgett expressed her appreciation to City Council for honoring her husband and the support she and her family have been given, adding if love could have saved him, he would have lived forever. March 16, 2021 41 ITEM— VLG.2a MAYOR'S PRESENTATIONS ITEM#71400 RESOLUTION IN RECOGNITION DEPUTY CHIEF PATRICK L. GALLAGHER Virginia Beach Police Department Vice Mayor Wood, on behalf of Mayor Dyer, welcomed Deputy Chief Patrick L. Gallagher and read the Resolution recognizing Mr. Gallagher's commitment to public service and public safety for thirty (30) years. Since joining the Police Department on September 17, 1990, Deputy Chief Gallagher's leadership has been recognized throughout the Police Department where he led the Investigative Division, served as Deputy Chief for the Professional Standards and Professional Development and Training Division, managed the CALEA Accreditation recertification which resulted in the first known 100%perfect for over 1,200 standards in a three (3) year period while always maintaining his commitment to improving community outreach. On May 31, 2019, when the City suffered its deadliest mass shooting event in history, Deputy Chief Gallagher stepped up and managed the executive oversight of the criminal investigation and after-action review, leading the immense investigation with professionalism and transparency, while maintaining respect for all those affected. On behalf of the Mayor and City Council, Vice Mayor Wood expressed their appreciation to Deputy Chief Gallagher for his outstanding contributions to the City and extends its congratulations on the next chapter in his career of public service. Deputy Chief Gallagher expressed his appreciation to City Council for this recognition and their continuous support. Mr. Gallagher advised he calculated the number of days he has worn his uniform, totaling 11,000 days, and not one of those days did he not feel immense pride serving as an ambassador for the City. Mr. Gallagher recognized his family and shared the best days in his life includes the day he married his wife, Millicent, and the days their children were born. Mr. Gallagher advised while he will be moving away, he leaves grateful with wonderful memories and Virginia Beach will always be his home. March 16, 2021 sf oun. RESOLUTION WHEREAS:Patrick L. Gallagher joined the Virginia Beach Police Department on September 17,1990,and has served the City for over 30 years; WHEREAS:He has served 21 years in a supervisory and management role,and has led the Police Department as the Deputy Chief of the Investigative Division since 2017; WHEREAS:As Deputy Chief,he played a significant role in advancing the Police Department including implementing a comprehensive approach to large-scale investigative responses,establishing a new task force to address increased gang violence, and leading mandatory City-wide training as Co-Chair of the Inclusion and Diversity Council; WHEREAS:He also served as Deputy Chief for the Professional Standards and Professional Development and Training Division and enacted substantial reform, including enhancing recruitment efforts that resulted in increased minority and female representation, developed the Use of Force(UOF)Board to evaluate serious instances of force and accusations of excessive force, and developed the Mediation Program to enhance transparency; WHEREAS:Deputy Chief Gallagher initiated two murals with the Virginia Beach City Public Schools to enhance relationships between the Police Department and students; WHEREAS: Throughout his career he has been dedicated to community outreach,including building strong police relationships with members of the African American,Hispanic,Homeless and LGBTQ communities.Deputy Chief Gallagher established the first LGBTQ Liaison Program in the Police Department,he served as liaison to the Human Rights Commission,implemented a Homeless Outreach Program at the Second Precinct,and established outreach workgroups and forums with minority and challenged populations; WHEREAS: On May 31, 2019, the City suffered its deadliest mass shooting event in history. During one of the City's darkest hours, Deputy Chief Gallagher stepped up and managed the executive oversight of the criminal investigation and after-action review,leading the immense investigation with professionalism and transparency,while maintaining respect for all those affected; WHEREAS:Deputy Chief Gallagher managed the Police Department's CALEA Accreditation recertification which resulted in the fast known 100%perfect one-site services for over 1200 standards in a 3-year period; WHEREAS:As a testament for his dedication to exemplary public service,he has continued his education and training by graduating from the F.B.I:1 National Academy,Senior Management Institute for Police,and the Police Executive Leadership Institute; WHEREAS:He has remained dedicated to training and teaching others,by serving as an adjunct Criminal Justice instructor at Tidewater Community College, and publishing 14 articles through local and national media sources on various issues regarding public safety and police work; WHEREAS:His service has been recognized numerous times, including the NAACP Unsung Hero Award, Virginia Beach Police Department Special Commendation Award,the Public Service Award from the U.S.Attorney's Office,and Volunteers of America Called to Care Award; WHEREAS:On this day, we honor a public servant who deserves our deepest gratitude and respect for all that he has done for the City of Virginia Beach and its citizens. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to PATRICK L. GALLAGHER for his outstanding contributions to our City and extends its congratulations on the next chapter in his career of public service. Given under our hands this 16th day of March,2021. N.''` i gA( Th. Council9.leml(rJessicaP.Abbott Council.limber lfichael.'F.Ber(ucchi Council' lem6erBar6araAl.9fe • S*-Ail Y4.0,9-, Ifir/#91 .- -- Cou ember ' lj,Jones Counci[9Kem6erJohn D.Toss Council91femberAaron Council. ember Guy 7(,Tower Council91lem6 semaryWlson 'limber Sabrina'D.Wooten 4/'.• •�or James L Wood ivlayor 4/,fen vf. "B 66y"Dyer 42 ITEM— VLG.2b MAYOR'S PRESENTATIONS ITEM#71401 RESOLUTION IN RECOGNITION MAIA CHAKA NFL Official Council Member Wooten, on behalf of Mayor Dyer, welcomed Maia Chaka and read the Resolution recognizing Ms. Chaka's selection on March 1, 2021 who became the first African American woman to join the full-time officiating staff of the National Football League. Ms. Chaka was recognized for her experience officiating in the PAC 12, Conference USA, XFL, Arena Football, and in NCAA Division 1 Women's Basketball. Ms. Chaka is a Health and Physical Education teacher with Virginia Beach Public Schools and has been dedicated to improving the lives of at-risk youth at Renaissance Academy High School, numerous clubs and events to promote diversity, inclusion, and positive behavior and through her creation of the Girls with Empowering Minds and Spirits(G.E.M.S.)Club which serviced 85%of the school's female population, and worked to boost self-esteem, attendance, academic achievement, and eliminate negative behaviors. On behalf of the Mayor and City Council, Council Member Wooten expressed their appreciation to Ms. Chaka for her positive contributions to Virginia Beach students, and her hallmark accomplishment of beginning a career in the NFL as the first African American woman official. Ms. Chaka expressed her appreciation to City Council for this recognition, expressing she proudly represents the City with the National Football League and understands what this means to this community and her culture. Ms. Chaka expressed her pride in the City for investing in the youth and youthful leadership and the progressive steps taken for equality during a time in the United States when things have been unsettling. Ms. Chaka advised she is proud to represent this community and each person in the room. Council Member Rouse advised he would be remiss if he did not extend his gratitude to Ms. Chaka and her accomplishments, adding that as a former player and lifetime member of the National Football League Player Association, he wanted to personally welcome Ms. Chaka. Council Member Rouse expressed what he values most about Ms. Chaka is her commitment to the City's youth and expressed his appreciation for her being a trailblazer for the City. March 16, 2021 )1:- e-i:ç _$ / it r l'ilwa°' ol,: lone RESOLUTION WHEREAS: Maia Chaka on March 1, 2021 became the first African American woman to join the fill-time officiating staff of the National Football League; WHEREAS: March is Women's History Month, It is important to recognize the achievements of trailblazing women like Maia who are leaving their mark on history: WHEREAS: Before she received the position with the NFL, Maia �� llfctattng in the PAC 12, Conference USA.XFL.Arena Football, and in NCAA Division WHEREAS: She is a Health and Physical Education teacher with Virginia Beach Public Schools and has been dedicated to improving the lives of at-risk youth at Renaissance Academy High School; WHEREAS: Mafia has organized numerous clubs and events to promote diversity, inclusion, and positive behavior; WHEREAS: In 2008. she created the Girls with Empowering Minds and Spirits (G.E.M.S.) Club which serviced 85% of the school's female population, and worked to boost self-esteem, attendance, academic achievement, and eliminate negative behaviors: WHEREAS: Her prominent work in education has been recognized through the I Make A Difference Award, Reading Teacher of the Year Award, and Teacher of Year in 2014; NOW THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes ?ifAIA CiIAKA for her positive contributions to Virginia Beach students, and her hallmark accomplishment of beginning a career in the NFL as the first African American woman official. Given under our hands this 16th day of March, 2021. °4iL------ a Council9lt 6erJessica T.Abbott Co 9ltember It' a T. (Reduce&i Council 9Nem6er Ba._rbara M. ` enley *44.11 4 7 • t II{e _....__,__ Council9ltem6erL is I,Jones auneil9►iem6er John�. 'Moss Council Jlfemberaamn�, ?tguse Con 9ltemberljuuyIC Mower Council7►lem6er�p wry il'clsnn ('ounci!'itenrber,Sabrina.D. 'Gi�onten 'tie ;N or as mcs E 'Wood' 9►tayar 9�6cn 9�t b6y• 43 ITEM— VI.H.l PUBLIC HEARING ITEM#71402 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CAFÉ FRANCHISE AGREEMENTS: a. 3001 Atlantic,LLC, t/a Catch 31 Café re Boardwalk Café b. 3315 Atlantic,LLC, t/a Lagerheads Café, re Boardwalk Café c. Thirsty-24,LLC, t/a Atlantic Pints Café, re Sidewalk(Atlantic to Pacific) Café d. Chix Sea Grille,LLC, t/a Chix Café, re Boardwalk Café e. ANSHI,Inc., t/a Cancun Fiesta Café, re Sidewalk(Atlantic to Pacific) Café f Moliar Liquid Assets 2,LLC, t/a Repeal Bourbon&Burgers Cafe, re Sidewalk(Atlantic to Pacific) Café g. Beachside,L.C., t/a Yacht Club Café, re Sidewalk(Atlantic to Pacific) Café h. Aqua Investment Associates,L.P., t/a The Square Whale Café, re Boardwalk Café 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 March 16, 2021 44 ITEM— VLI. FORMAL SESSION AGENDA ITEM#71403 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 Ordinances/Resolutions J: 1 a-h, 2, 3, 4a/b, 5, 6, 7, 8a/b/c and 9a and Planning Items K: 1, 2, 4, 5, 6 and 7 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolutions J: la-h, 2, 3, 4a/b, 5, 6, 7, 8a/b/c, 9a and Planning Items K:1, 2, 4, 5, 6 and 7 Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M.Henley,Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi J. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER WILSON FILED A DISCLOSURE FOR ITEM#1 d ITEM#9b WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#9b K.PLANNING ITEMS: COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEM#2 ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY ITEM#9 WILL BE CONSIDERED SEPARATELY March 16, 2021 45 ITEM— VLJ.1a-h ORDINANCES/RESOLUTIONS ITEM#71404 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED, BY CONSENT,PROPOSED CAFÉ FRANCHISE AGREEMENTS: a. 3001 Atlantic, LLC, t/a Catch 31 Café re Boardwalk Cafe b. 3315 Atlantic, LLC, t/a Lagerheads Cafe, re Boardwalk Café c. Thirsty-24,LLC, t/a Atlantic Pints Cafe, re Sidewalk(Atlantic to Pacific) Cafe d. Chix Sea Grille, LLC, t/a Chix Cafe, re Boardwalk Café e. ANSHI, Inc., t/a Cancun Fiesta Cafe, re Sidewalk(Atlantic to Pacific) Café f. Moliar Liquid Assets 2,LLC, t/a Repeal Bourbon&Burgers Café,re Sidewalk (Atlantic to Pacific) Cafe g. Beachside, L.C., t/a Yacht Club Cafe, re Sidewalk(Atlantic to Pacific) Cafe h. Aqua Investment Associates, L.P., t/a The Square Whale Café, re Boardwalk Café Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer,Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 1 AN ORDINANCE GRANTING EIGHT 2 FRANCHISE AGREEMENTS FOR OUTDOOR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor café franchises 6 ("Revised Regulations")on October 20, 2020; and 7 8 WHEREAS, the Revised Regulations simplify the outdoor café franchise program 9 and allow more flexibility for outdoor café owners and operators to keep pace with 10 current standards in construction, design and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafés, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, if an outdoor café is successfully operated during the initial one- 20 year term, the franchisee may return to Council and request a five-year franchise 21 agreement; and 22 23 WHEREAS, the following eight entities have successfully operated outdoor cafés 24 pursuant to either one-year or five-year franchise agreements, and are seeking 25 franchise agreements for five-year terms: (1) 3001 Atlantic, LLC, t/a Catch 31 Cafe, for 26 operation of a Boardwalk Café; (2) 3315 Atlantic, LLC, t/a Lagerheads Cafe, for 27 operation of a Boardwalk Café; (3) Thirsty-24, LLC, t/a Atlantic Pints Cafe, for operation 28 of a Sidewalk (Atlantic to Pacific) Café; (4) Chix Sea Grille, LLC, t/a Chix Café, for 29 operation of a Boardwalk Café; (5)ANSHI, Inc., t/a Cancun Fiesta Cafe, for operation of 30 a Sidewalk (Atlantic to Pacific) Café; (6) Moliar Liquid Assets 2, LLC, t/a Repeal 31 Bourbon & Burgers Café, for operation of a Sidewalk (Atlantic to Pacific) Café; (7) 32 Beachside, L.C., t/a Yacht Club Café, for operation of a Sidewalk (Atlantic to Pacific) 33 Café; and (8) Aqua Investment Associates, L.P., t/a The Square Whale Cafe, for 34 operation of a Boardwalk Café; and 35 36 WHEREAS, the Strategic Growth Area Office recommends that the above- 37 named entities be granted outdoor café franchise agreement. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH: 41 42 That the City Council hereby grants five-year franchise agreements to the 43 following eight entities: (1) 3001 Atlantic, LLC, t/a Catch 31 Cafe, for operation of a 44 Boardwalk Café; (2) 3315 Atlantic, LLC, t/a Lagerheads Cafe, for operation of a 45 Boardwalk Café; (3)Thirsty-24, LLC, t/a Atlantic Pints Cafe, for operation of a Sidewalk 46 (Atlantic to Pacific) Café; (4) Chix Sea Grille, LLC, t/a Chix Café, for operation of a 47 Boardwalk Café; (5) ANSHI, Inc., t/a Cancun Fiesta Cafe, for operation of a Sidewalk 48 (Atlantic to Pacific) Café; (6) Mollar Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers 49 Café, for operation of a Sidewalk (Atlantic to Pacific) Café; (7) Beachslde, L.C., t/a 50 Yacht Club Café, for operation of a Sidewalk (Atlantic to Pacific) Café; and (8) Aqua 51 Investment Associates, L.P., t/a The Square Whale Cafe, for operation of a Boardwalk 52 Café. Adopted by the City Council of Virginia Beach, Virginia on this 16 t hday of March 2021 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY• / r IL ,4y1, t rowth Area Office City Attorney's Office CA15312 R-2 March 10,2021 Gl14IA• BF,4C -,a, t. 4 r O �G 5 City of Virginia Beach �Z rrL 0�9 ts OF OUR NAII(3H '`"` VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 In Reply Refer to 0069727 March 16, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), 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 applications of Chix Sea Grill, LLC for a boardwalk café franchise. 2. The applicant has disclosed that Dixon Hughes Goodman LLP ("DHG") is one of its service providers. 3. I have a personal interest in DHG because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. DHG's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- March 16, 2021 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, i� t 4,.___., Rosemary A. Wilson Councilmember RAW/RRI 46 ITEM— VLJ.2 ORDINANCES/RESOLUTIONS ITEM#71405 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date to satisfy the conditions re closure of an unimproved portion of Singleton Way,South Witchduck Road and Princess Anne Road(Approved April 22, 2014) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING AN UNIMPROVED PORTION OF 4 SINGLETON WAY (FORMERLY PRINCESS ANNE 5 ROAD), S. WITCHDUCK ROAD (FORMERLY 6 KEMPSVILLE ROAD) AND PRINCESS ANNE 7 ROAD (RELOCATED) ADJACENT TO THE 8 NORTH, EAST, AND SOUTHEAST SIDES OF THE 9 PARCEL IDENTIFIED BY GPIN: 1466-78-3845 10 (PARCEL "D") 11 12 WHEREAS, on April 22, 2014, City Council acted upon the application of 13 the City of Virginia Beach (the "Applicant") for the closures of portions of Singleton Way 14 (formerly Princess Anne Road), S. Witchduck Road (formerly Kempsville Road) and 15 Princess Anne Road (Relocated), as shown on Exhibit A attached hereto; 16 17 WHEREAS, City Council approved (by Ordinance ORD-3345B) the 18 closure of the aforesaid unimproved portions of Singleton Way, S. Witchduck Road and 19 Princess Anne Road, subject to certain conditions being met on or before April 22, 20 2015; 21 22 WHEREAS, on April 21 , 2015, the Applicant requested and was granted 23 (by Ordinance ORD-3404C) an extension of time to April 22, 2016, to satisfy the 24 conditions attached to the aforesaid street closure action; 25 26 WHEREAS, on April 19, 2016, the Applicant requested and was granted 27 (by Ordinance ORD-3448D) an extension of time to April 22, 2017; 28 29 WHEREAS, on April 18, 2017, the Applicant requested and was granted 30 (by Ordinance ORD-3499D) an extension of time to April 22, 2019; 31 32 WHEREAS, on April 2, 2019, the Applicant requested and was granted 33 (by Ordinance ORD-3584Q) an extension of time to April 22, 2021; and 34 35 WHEREAS, the Applicant has requested an additional one-year extension 36 of time to satisfy the conditions attached to the aforesaid street closure action; and 37 38 WHEREAS, on December 8, 2020, Council declared as excess the area 39 proposed for closure together with the adjacent parcel at 5161 Princess Anne Road 40 (ORD-3646C) and the additional time is necessary for the purchaser to complete the 41 resubdivision; and 42 43 WHEREAS, the Applicant, or its successors or assigns, is responsible for 44 assessing private utilities and providing easements satisfactory to the utility companies 45 in the area proposed for closure. GPIN: Right-of-way / no GPIN assigned Adjacent to GPIN: 1466-78-3845 46 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 47 Virginia Beach, Virginia: 48 49 That the date for meeting conditions of closure as stated in the Ordinance 50 adopted on April 22, 2014 (ORD-3345B), upon application of the City of Virginia Beach, 51 is extended to April 22, 2022. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on this 54 16th day of March , 2021. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Att r ey Planning epartMent CA15216 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d004\p036\0070905 I.doc R-1 March 4, 2021 I- EXHIBIT A NOTES: AREA OF PROPOSED STREET CLOSURE 'D-1' 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF (28,095 SQ. FT., 0.645 AC.) PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT S INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. ( Q�F)', ON ti 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS 9,,RV vq PROPERTY. A=88.85' ('yB, y'�R/NC R Rey'ti R=772.50' (/NST ' BJ(,ySS'qNA.f �'9 y: Ip =6'35'24"� i,' p B 7 �0,90 hWS 07'22' WOPR 1,5:SjJ 3�J 45 g N9.85' R O,s�c2O h NN;6.1(1-7:44: ,'� S • Z/4/- 14)q -N5,8 '38" ��! '�� ?¢"FQ k 4 83' ' S 82'30'20 O'-6.410,... ��.-. N A=98.88' 2 , 80.07' `�411 ^ V 11 R=725.00' " O Z A=36.78' ����:��:�, c�� 43 A =7'4852 $ R=673.70' ���.t' (4, h PARCEL 'E' N/F N 2 p=73.70' 3�� + EMMANUEL PROTESTANT 6 W A=38.08' _� �� ,+, ,b' EPISCOPAL CHURCH 0 32.1O1'22" 4 o`�;', �,' . OF KEMPSVILLE '"�,��'` a ,� 1466-78-0931 A=37.66' EXISTING : h h , R=75.00'' !� R/W LINE �� p L =28'46 03" n 3 0 _ ocInN m !o tW.. '' 1 M , :N A,' Q a .cr p .� Qino 3cr N1 N4* 0 1.- h to zt J 'El) o I. ' +`V `�'S 2 ^h, 2 W I if co ' _'�•' + o co o N .vi h �ck i.(:7 '`\' V Q � O NI- pc c to 1 O' '� V Z N ,a / ,3 V, v. 1 1 , 6 `� .- t0 12'q'SM/E 0.5, N 40'2028" E 67.90' ` ;N �1' '4, N 40'2028" E 18.97' 3.85 71 33" W 104 \327:37- W.i, A=38.15' A=104.39' 105.4? S 69 552 �� R=87.50' 8 R=I122.50' ' 7(1L ' A =2458'55" p -5'19 43' N BO. ,6 ` w A=6.43' PRINCESS ANNE ROAD N 49'39 32' W 4.00' (RELOCATED) " VAR R/W S 40'20 28" W 31.26' (INST 20090519000553070)(INST 20091019001219680) A=45.15' AREA OF PROPOSED STREET CLOSURE 'D-2' (INST 20100203000113230)(INST 20100409000329350) R=43.50' (1,931 SQ. FT., 0.044 AC.) (INST 20100507000436780)(M.B. 114, P. 21) A =59'27'51' STREET CLOSURE EXHIBIT SHEET 1 OF 1 OF A AA28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON WAY -,= (FORMERLY PRINCESS ANNE ROAD) AND S. 1RTCIiDUCK ROAD (RTE 190) AND A 1,931 SQ. FT. 0.044 AC. PORTION OF PRINCESS ANNE ROAD - I 7 (RELOCATED) AND S. WITCHDUCK ROAD (RTE 190) (PUBLIC RIGHT—OP'—WAYBXINST No 20130315000305320) Ltinnclemeying.erchiteTture VIRGINIA BEACH, VIRGINIA Exclusively for CIA r com 757.431.1041 CITY OF VIRGINIA BEACH 242 MRG I8 AM.SIE 8 WINMt M 23452 SCALE: 1" = 100' 04 FEBRUARY, 2014 CAD/chic TMF/els CITY OF VIRGINIA BEACH, VA I F.B. P. I PLAT: t IN:213-0160_] 47 ITEM— VLJ.3 ORDINANCES/RESOLUTIONS ITEM#71406 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED, BY CONSENT,Resolution to DECLARE the proposed location of Tranquility at the Lakes II a Revitalization Area re qualify for Virginia Housing Financing Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott,Mayor Robert M.Dyer,Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 1 A RESOLUTION DECLARING THE PROPOSED 2 LOCATION OF TRANQUILITY AT THE LAKES II 3 TO BE A REVITALIZATION AREA IN ORDER TO 4 QUALIFY FOR VIRGINIA HOUSING FINANCING 5 6 WHEREAS, pursuant to Section 36-55.30:2(A) of the Code of Virginia, the City 7 Council of the City of Virginia Beach, Virginia, desires to designate an area as shown on 8 Exhibit A attached hereto (the `Area") as a revitalization area; 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1 . The Council makes the following determinations: 14 15 a. The industrial. commercial or other economic development of the Area will 16 benefit the City but the Area lacks the housing needed to induce 17 manufacturing, industrial. commercial, governmental, educational, 18 entertainment, community development, healthcare or nonprofit 19 enterprises or undertakings to locate or remain in the Area; and 20 21 b. Private enterprises and investment are not reasonably expected, without 22 assistance, to produce the construction or rehabilitation of decent, safe 23 and sanitary housing and supporting facilities that will meet the needs to 24 low and moderate income persons and families in the Area and will induce 25 other persons and families to live within the Area and thereby create a 26 desirable economic mix of residents in the Area. 27 28 2. Pursuant to § 36-55.30:2(A) of the Code of Virginia, the Area is hereby 29 designated as a revitalization area. 30 Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of March , 2021. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY' Hoi;sing and Neighborhood City 's Office Preservation CA15334 R-1 March 4, 2021 Exhibit A-Tranquility at the Lakes II / • st ,, / • 411* ., , . ., , „,„iv, ' ::,7,2::,,,,,,,,!:41. ,...‘`.`"tZ;): ...,/,71:),„:',,,•::''.',/',..:.,':/// 1 '' :„ M, • • •,,,„ 4* . — ,*^ ,:,::' '''''4°.:::,:,,,,\'::::\\'''\‘‘,":,'"';\ ' '\''''' ''' \{. *, .� � 4 \ , ',-.''4,,',' ,t,,,, I'D'''' /// (- ,. ./.<\*,,, , ,,,,,&,,,,, ,,, ,, \k,c, Iv' \ , ''.\6 \\:>,,,:" ' 't. 7-\:: ' ' ' \ Location and Site Layouts-GPIN 1458-88-2715, 1458-88-2897, '458-89-2090, 1458-89-3052, 1458-89-2065 990Z-68-89V 6 `Z9OC-68-8514I. `060Z-68-9gi 4 `L68Z-89-99i I. `9 I•LZ-82-99V I, NIdO-sinoAe1 al!S pue uo!TeDol A I i / gli \ A i t i 3 II e (: .�. .. _ __ „, , . „ . ,.,.. ....„ ., _ . . , ,. _ _: . _ _ ,,, it. : ___ ,__ _ ............... . . . . '� I I I I L I I I I I I IoLI4LI I I : : 1&UbI6Uo.1 I I .' 1 . i 1 . 4.2i i ......1. ,..., ,..;,„1/2„_4____ - - . ...,_ . . . .. ...« II salei aql le#4!I!nbue.il—b 3!q!4X3 48 ITEM— VLJ.4a ORDINANCES/RESOLUTIONS ITEM#71407 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the City Manager and City Clerk to place tax or fee increase advertisements for the proposed FY2021-22 Operating Budget: a. Short Term Rental Zoning Permit Fee Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 1 A RESOLUTION TO AUTHORIZE THE CITY MANAGER 2 AND CITY CLERK TO PLACE AN ADVERTISEMENT FOR A 3 SHORT TERM RENTAL ZONING PERMIT FEE IN THE 4 PROPOSED FY 2021-22 OPERATING BUDGET 5 6 WHEREAS, the City Council has enacted a policy that requires the City Manager 7 to seek the City Council's approval prior to the placement of any tax or fee increase 8 advertisements; 9 10 WHEREAS, a tax or fee increase advertisement is requested to be placed as part 11 of the consideration of the Fiscal Year 2021-22 Operating Budget regarding potential 12 increases in zoning items in accordance with Virginia Code Section 15.2-107; 13 14 WHEREAS, the proposed permit fee for short term rentals is required to provide 15 additional zoning inspectors to regulate the provisions of the short term rental regulations 16 in the City Zoning Ordinance. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA THAT: 20 21 The City Manager and City Clerk is hereby authorized to place any necessary 22 advertisement to allow the City Council to consider the establishment of a short term 23 rental zoning permit fee as part of the FY 2021-22 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of March , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (*( Pudget and '.'anagement Services City Attorney's Office CA15342 R-1 March 5,2021 49 ITEM— VI.J.4b ORDINANCES/RESOLUTIONS ITEM#71408 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the City Manager and City Clerk to place tax or fee increase advertisements for the proposed FY2021-22 Operating Budget: b. Communication Towers Administrative Review-Eligible Fee / Standard Review Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer,Barbara M. Henley,Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 1 A RESOLUTION TO AUTHORIZE THE CITY MANAGER 2 AND CITY CLERK TO PLACE AN ADVERTISEMENT FOR A 3 FEE FOR ADMINISTRATIVE REVIEW-ELIGIBLE AND 4 STANDARD REVIEW OF COMMUNICATION TOWERS AS 5 PART OF THE FY 2021-22 BUDGET PROCESS 6 7 WHEREAS, the City Council has enacted a policy that requires the City Manager 8 to seek the City Council's approval prior to the placement of any tax or fee increase 9 advertisements; 10 11 WHEREAS, a tax or fee increase advertisement is requested to be placed as part 12 of the consideration of the Fiscal Year 2021-22 Operating Budget regarding potential 13 increases in zoning items in accordance with Virginia Code Section 15.2-107; 14 15 WHEREAS, the City Council adopted a review process in 2018 for certain 16 communication towers to align local Zoning Code with the State Code, and this action 17 intended to enact a fee for the administrative review and standard review of 18 communication towers without setting the specific amount of the fee; 19 20 WHEREAS, to complete the implementation of the 2018 action of the City Council, 21 a setting of such fees for review of communication towers is desirable; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA THAT: 25 26 The City Manager and City Clerk is hereby authorized to place any necessary 27 advertisement to allow the City Council to consider the setting of the fee for administrative 28 review-eligible and standard review of communication towers as part of the FY2021-22 29 Budget Process. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of March , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f- Budget and Management Services City Att y's Office CA15344 R-2 March 10, 2021 50 ITEM— VLJ.5 ORDINANCES/RESOLUTIONS ITEM#71409 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a non-binding agreement with the United States Navy re NAS Oceana future base design Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M. Dyer, Barbara M. Henley,Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE A NON-BINDING 3 AGREEMENT WITH THE UNITED STATES NAVY 4 FOR FUTURE BASE DESIGN AT NAS OCEANA 5 6 WHEREAS, in May 2005, the Virginia Beach City Council adopted the Hampton 7 Roads Joint Land Use Study (the "JLUS") and directed City staff to take appropriate 8 measures to implement the recommendations therein; 9 10 WHEREAS, during the JLUS process, the Navy and the City produced a Statement 11 of Understanding dated March 15, 2005, in which, among other things, the parties agreed 12 that the City would create a new process for Navy officials to review and comment earlier 13 in the process on proposed development of property located within Air Installation 14 Compatible Use Zones (AICUZ) and strengthen its working relationship with the Navy and is create an ongoing, open dialogue to address the Navy's concerns about potential 16 encroachment around NAS Oceana; 17 18 WHEREAS, since the completion of the JLUS, the City has established its 19 YesOceana program to roll back encroachments and promote compatible land uses 20 around NAS Oceana; 21 22 WHEREAS, the Navy has explored the potential renovation, redevelopment or 23 other utilization of certain parcels of NAS Oceana property for further compatible 24 development in partnership with the City, as part of the Navy's Future Base Design 25 program (the "FBD"); 26 27 WHEREAS, the City and the Navy have agreed on terms for a non-binding 28 memorandum of agreement regarding the City's role in the FBD (the "MOA"), attached 29 hereto as Exhibit A; 30 31 WHEREAS, any binding agreements relating to the MOA shall be presented to 32 City Council for consideration prior to execution on behalf of the City; and 33 34 WHEREAS, the City Council remains committed to the YesOceana program, and 35 the continued successful operation of NAS Oceana's East Coast Master Jet Base in 36 Virginia Beach and is supportive of exploring a partnership with the Navy for the FBD at 37 NAS Oceana as set forth in the MOA. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 1 . That the City Manager is hereby authorized and directed to execute, on 43 behalf of the City of Virginia Beach, the Naval Air Station Oceana Future Base Design 44 Non-Binding Agreement United States Navy / City of Virginia Beach, attached hereto as 45 Exhibit A, and incorporated herein. 1 46 2. That prior to executing any binding agreements, the City Manager is 47 directed to return to City Council for approval of same. The City Council shall retain, at 48 all times, its legislative discretion to appropriate funds, allocate resources, and take 49 certain land use actions that the City Council determines are in the best interests of the 50 residents of the City. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day 53 of March , 2021. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney's Office Cit er s Office CA14835 \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d024\p034\00706900.doc R-1 March 5, 2021 2 EXHIBIT A Naval Air Station Oceana Future Base Design Non-Binding Agreement United States Navy / City of Virginia Beach 1. Preamble Naval Air Station (NAS)Oceana("NAS Oceana")was commissioned August 17, 1943. It is a complex with more than seven miles of runways and the latest equipment to serve military air traffic with 14,600 military personnel, 2,000 civilians and is home to 16 strike/fighter squadrons flying the Navy's most advanced aircraft. In the years since World War II, it has taken its place in the list of essential installations and is rightly considered the East Coast Master Jet Base. As one of the most important contributors to the economic stability of the City of Virginia Beach (the "City") and the Commonwealth of Virginia, NAS Oceana generates 16,000 jobs with a total payroll of more than $1.18 billion and produces more than $400 million in goods and services each year. In 2005, to address important issues surrounding the U.S. Navy's need to ensure NAS Oceana's long-term operational viability, and the City's need to pursue strategic development goals, the City and the Navy participated in the Hampton Road Joint Land Use Study (JLUS). This collaboration resulted in the foundational initiative by which the City incorporated Navy airfield compatibility criteria into the municipal zoning ordinance. Subsequently, the City developed an unprecedented plan, the YesOceana program, to roll back encroachment in the areas surrounding NAS Oceana known as Accident Potential Zone 1 (APZ-1) and the Clear Zones. The YesOceana program has been codified into the Virginia Beach City Code to insure only conforming uses are allowed going forward. Financial incentives were established and zoning ordinances changes made to encourage conforming businesses such as light manufacturing, trade, warehousing, and storage operations to locate in these areas and for existing businesses to expand their facilities. This Agreement is entered into between the United States Department of the Navy (the "Navy") and the City (collectively, the "Parties") in furtherance of the Navy's and City's commitment to each other and the airfield compatability principles codified through municipal zoning and the YesOceana program. This Agreement outlines the shared understanding of the Parties regarding the potential renovation, redevelopment, or other utilization of certain NAS Oceana land parcels to meet the Navy requirement of providing mission capable facilities for NAS Oceana and supported partner tenant commands and the opportunity for the City to explore additional opportunities for compatible use development at NAS Oceana, known as Future Base Design ("FBD"). Further, obligations under this Agreement are contingent upon satisfying all applicable federal, state, and local requirements including, but not limited to National Environmental Policy Act (NEPA) and Virginia Department of Environmental Quality (VDEQ) requirements, and executing the required real estate decision documents. 1 EXHIBIT A As specified below, the Navy and the City agree to explore leasing opportunities on U.S. Government property to facilitate compatible use real estate development proximate to certain NAS Oceana land parcels in exchange for in-kind consideration. 2. Planning The Navy and City agree to work together to develop a master plan for FBD areas. The master plan will be consistent with the City's Comprehensive Plan and City Code for FBD areas that are subject to local code and policies (the "Master Plan"). 3. Mutual Cooperation The Navy agrees to engage with the City regarding compatible use development of certain NAS Oceana land parcels and the potential associated transfer by the Navy to the City of certain real property interests in exchange for in-kind consideration. The Navy and the City agree that non-privileged products generated as a result of this Agreement, including but not limited to all elements of FBD and environmental studies, will be fully utilizable by both Parties. 4. Lease of Navy Property a. Lease of Property; Legal Authority Subject to receiving appropriate approvals and to Section 7 of this Agreement, the Navy may lease to the City such real property in certain NAS Oceana land parcels as may be necessary or appropriate to facilitate the transactions contemplated in this Agreement. Leases would be accomplished under existing legal authority, as approved by the Navy, or via special legislation to be introduced as soon as reasonably feasible under the circumstances. b. Environmental Alternatives Analysis Each Party reserves its discretion under VDEQ regulations and NEPA, as applicable, to select other alternatives and/or a no project alternative. c. Nature of Real Property Interests to be Leased The real property interests leased may take the form of a long-term leasehold interest. The intention would be for the City to subsequently sub-lease portions of the leased property where private development was indicated by the Master Plan. The term of any lease where a private party is anticipated to be the ultimate user/subtenant would be of sufficient length to allow that party to obtain financing for its proposed project. The Parties will discuss and mutually agree upon the nature, timing, triggering event(s), terms and conditions for each proposed real property lease. Any private use would be consistent with the Master Plan and all applicable local, state and federal restrictions. 2 EXHIBIT A d. Timing of Real Property Leases The possession of the property interests leased to the City would occur on or after the Navy's completion of NEPA review. e. Consideration In consideration for such leases, and subject to Section 7 of this Agreement, the Navy would receive in-kind consideration at NAS Oceana, the specifics of which shall be mutually agreed upon by the Parties. f. Access to Property and Data i. Site Access. The Navy will provide appropriate access to the City and its representatives, consultants, contractors, agents, and employees, for the purpose of conducting environmental review activities and associated site investigative work. The City understands and agrees that the Navy will only provide such access during the Navy's normal business hours and only to persons and entities to whom access can be reasonably granted in accordance with the Navy security regulations and policies. The terms and procedures governing such access shall be the subject of a separate agreement between the Navy and the City. ii. Sharing of Data. The Navy will provide the City with access to available unclassified information, data, and studies concerning the physical condition of identified real estate and facilities at NAS Oceana and any other unclassified information reasonably requested from time to time by the City to perform appropriate due diligence. The City shall provide the Navy with copies of any tests, studies, or analysis obtained or made by the City. iii. Licenses and Approvals. The City will ensure that all licenses, permits, and governmental approvals required by applicable law are secured prior to performing any tests, studies, or analysis on NAS Oceana property, and will coordinate the application process with the Navy prior to obtaining any necessary permits or governmental approvals. The Navy will cooperate with the City in securing necessary permits or governmental approvals to the extent reasonable and feasible under the circumstances. 5. Industry Outreach During the duration of this Agreement, the City's Department of Economic Development will serve as the lead entity in connection with industry outreach on FBD, with the cooperation and assistance of the Navy and in accordance with the roles and responsibilities to be outlined and agreed upon by the Parties. The industry outreach process is designed to ensure, among other things, financial feasibility and sufficient market interest. The Parties will meet and confer to agree upon the roles and 3 EXHIBIT A responsibilities of each Party and identify the optimal transactional and procurement structure. 6. Schedule The Parties will meet and confer to develop an effective and efficient schedule and sequence of the various components of FBD so as to ensure timely completion of all components in an economically and commercially feasible manner. 7. Termination This Agreement may be terminated in writing by either party if: a. There is a lack of substantive progress on the projects for any reason; b. There exist operational, environmental, or economic conditions that would materially impact the feasibility of FBD; or c. There is a failure of either party to receive necessary approvals or funding. 8. Confidentiality To the greatest extent allowable under applicable law, the Parties agree to maintain the confidentiality of all communications, documents, surveys, feasibility studies, appraisal reports, site investigative reports or other materials directly or indirectly generated by the Parties. To facilitate such confidentiality, the Parties agree to cause all consultants, advisors or contractors at whatever tier to execute a confidentiality and non-disclosure agreement in a form mutually agreeable to the Parties. 9. Additional Agreements The Parties will enter into subsequent agreements after additional details emerge and corresponding commercial and legal terms have been discussed and agreed. 10. Counterparts This Agreement may be executed in multiple counterparts, and, so long as each applicable party signs at least one counterpart, each counterpart shall be an original, but all of which shall constitute one and the same Agreement. Any signature delivered by a party by facsimile, email or other electronic transmission shall be deemed to be an original signature to this Agreement. [ SIGNATURES ON FOLLOWING PAGES ] 4 EXHIBIT A WITNESS the following signatures and seals: UNITED STATES DEPARTMENT OF THE NAVY By: Name: Title: STATE OF CITY / COUNTY OF , to-wit I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , as of the United States Department of the Navy, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me, this day of , 2021. NOTARY PUBLIC My Commission Expires: My Registration Number: [ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ] 5 EXHIBIT A CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: Name: Title: City Manager/Authorized Designee ATTEST: City Clerk /Authorized Designee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager / Authorized Designee of the City Manager of the City of Virginia Beach, Virginia, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me, this day of , 2021. NOTARY PUBLIC My Commission Expires: My Registration Number: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Clerk / Authorized Designee of the City Clerk of the City of Virginia Beach, Virginia, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me, this day of , 2021. NOTARY PUBLIC My Commission Expires: My Registration Number: 6 EXHIBIT A APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney 51 ITEM— VLJ.6 ORDINANCES/RESOLUTIONS ITEM#71410 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an agreement with FitLot, Inc. and ACCEPT a$4,010 donation re plan,build and program an outdoor fitness park at Williams Farm Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott,Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE AN AGREEMENT WITH FITLOT, INC. 3 TO PLAN, BUILD AND PROGRAM AN OUTDOOR 4 FITNESS PARK AND TO ACCEPT THE DONATION OF 5 THE OUTDOOR FITNESS PARK, AND ACCEPTING 6 AND APPROPRIATING FUNDING FROM FITLOT FOR 7 PROGRAMMING AT THE OUTDOOR FITNESS PARK 8 9 WHEREAS, the City of Virginia Beach was selected to receive an AARP 10 sponsored outdoor fitness park ("Fitness Park"); and 11 12 WHEREAS, the Fitness Park will be installed at Williams Farm Park ("Williams 13 Farm") and will provide the surrounding community with a high-quality outdoor fitness 14 option that will promote healthy living; and 15 16 WHEREAS, AARP proposed to pay for the construction of the Fitness Park and 17 to donate the Fitness Park to the City; and 18 19 WHEREAS, AARP is also providing $4,010 in grant funding to the City for fitness 20 programming at the Fitness Park; and 21 22 WHEREAS, the Fitness Park will include an AARP-branded canopy and 23 surfacing that the City will be required to maintain for a minimum of ten years, and 24 AARP signage; and 25 26 WHEREAS, although AARP is the funding party, AARP engaged FitLot, Inc. 27 ("FitLot"), a national non-profit organization, to facilitate the planning, installation and 28 donation of the Fitness Park and to administer grant funding for fitness programming on 29 AARP's behalf; and 30 31 WHEREAS, the Department of Parks and Recreation worked directly with FitLot 32 to plan the installation of the Fitness Park at Williams Farm and to negotiate an 33 agreement between the City and FitLot to plan, build and program the Fitness Park; and 34 35 WHEREAS, under the terms of the proposed agreement, FitLot will work 36 with local installers to procure and install the Fitness Park, manage construction 37 logistics, coordinate site preparation with the City, provide educational and promotional 38 materials to support the Fitness Park, and obtain a certified playground safety inspector 39 review of the Fitness Park at the conclusion of the installation; and 40 41 WHEREAS, the proposed agreement requires the City to make land available at 42 Williams Farm for the Fitness Park, to assist FitLot in obtaining necessary permits and 43 licenses, to perform utility checks to ensure the land where the Fitness Park will be 44 located is safe, to develop a maintenance program for the Fitness Park, and to permit 45 an AARP-branded canopy, AARP-branded surfacing, and AARP signage at the Fitness 46 Park; and 47 48 WHEREAS, upon installation of the Fitness Park, the City will own the park; and 49 50 WHEREAS, a programmatic grant addendum ("Addendum") is incorporated into 51 the agreement; and 52 53 WHEREAS, under the terms of the Addendum, FitLot will provide the City with 54 grant funding for the following: 1) $3,510 for the City to hire certified fitness 55 professionals to lead no-cost public fitness classes at the Fitness Park; and 2) $500 for 56 the City to conduct social media outreach on Facebook to promote the Fitness Park. 57 58 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 59 VIRGINIA BEACH, VIRGINIA, THAT: 60 61 1. The City Manager is hereby authorized to execute an agreement with FitLot to 62 plan, build, and program an outdoor fitness park at Williams Farm. 63 64 2. The City Manager is hereby authorized to accept the Fitness Park upon final 65 completion of the Fitness Park. 66 67 3. A $4,010 donation is hereby accepted and appropriated within the Department of 68 Parks and Recreation's FY 2020-21 Operating Budget for the purpose of funding 69 fitness classes at the Fitness Park and for a social media campaign to promote 70 the Fitness Park. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day 73 of March , 2021. 74 75 Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Parks and Recreation City Attorney's Office CA15339 R-2 March 5, 2021 SUMMARY OF TERMS OF PARTNERSHIP AGREEMENT PAR TIES: City of Virginia Beach("City")and FitLot,Inc. ("FitLot") PURPOSE: Plan, build and program an AARP-sponsored outdoor fitness park at Williams Farm Recreation Center("Fitness Park"). TERMS: The agreement requires FitLot to procure, fund, and install the Fitness Park, manage construction logistics, coordinate site preparation with the City, provide educational and promotional materials to support the Fitness Park, and obtain a certified playground safety inspector review of the Fitness Park at the conclusion of the installation. The City will own the Fitness Park. Under the agreement, FitLot will provides the City with grant funding for the following: 1) $3,510 for the City to hire certified fitness professionals to lead no- cost public fitness classes at the Fitness Park; and 2) $500 for the City to conduct social media outreach on Facebook to promote the Fitness Park. The City is required to make land available at Williams Farm Recreation Center for the Fitness Park,to assist FitLot in obtaining necessary permits and licenses,to perform utility checks, to promote the Fitness Park in press releases, fliers, and media coverage, and to permit an AARP-branded canopy, AARP-branded surfacing, and AARP signage at the Fitness Park. The City must maintain the AARP-branded surfacing and canopy for a minimum of 10 years. After 10 years, the City may replace the canopy and surfacing with an unbranded canopy and surfacing. The City is required to develop a maintenance program for the Fitness Park and to maintain the Fitness Park before and after construction. In the event the Fitness Park can no longer be located at Williams Farm Recreation Center,the City is responsible,at City's expense,to make a reasonable attempt to obtain permission from the new owner of the property to allow the Fitness Park to remain on the property or to relocate the Fitness Park equipment to another site. If neither of these options is possible, the City is responsible for the disposition of the equipment. The equipment at the Fitness Park and the surfacing are covered under the applicable manufacturers' warranties. The City agrees to look solely to such manufacturers for warranties and/or guarantees. Both the City and FitLot are required to maintain insurance coverage during the term of the agreement. The City will be responsible to FitLot for the City's gross negligence and intentional misconduct under the agreement. FitLot is responsible to the City for all damages arising from any breach of the agreement by FitLot or its agents. Once construction and installation of the Fitness Park is complete, FitLot will provide the City with a written certified playground inspection report, and FitLot's responsibility to the City will terminate. FitLot and AARP are not liable for third-party claims arising under the agreement. The Agreement contains standard City contract provisions about governing law and venue. 52 ITEM— VI.J.7 ORDINANCES/RESOLUTIONS ITEM#71411 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH new Capital Improvement Project "Juvenile Detention Center Security Replacement"for FY2020-21 and TRANSFER $600,000 from the FY2020-21 Human Services Operating Budget to the newly created capital project Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 1 AN ORDINANCE TO ESTABLISH A NEW CAPITAL 2 PROJECT, "JUVENILE DETENTION CENTER SECURITY 3 REPLACEMENT," IN THE FY 2020-21 CAPITAL 4 IMPROVEMENT PROGRAM AND TO TRANSFER $600,000 5 TO THE NEW PROJECT 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) A new capital project, "Juvenile Detention Center Security Replacement" is 10 hereby established within the FY 2020-21 Capital Improvement Program. 11 12 2) $600,000 is hereby transferred from the FY 2020-21 Operating Budget of the 13 Department of Human Services Operating Budget to the new project, "Juvenile Detention 14 Center Security Replacement" for those activities within the scope and purpose of the 15 attached capital project page, which is incorporated herein. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 th day of March 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. i _.----------- 1J Budget and Management Services . Atto y's Office CA 15343 R-1 March 8, 2021 City of Virginia Beach FY 2021 thru FY 2026 Capital Improvement Program Project: Title:JDC Master Control System Upgrade Status: New Project Category: Information Technology I Department: Capital Improvement Program Ranking: Project Type Project Location Project Type: Replacement District: Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Funding 600,000 0 600,000 0 0 0 0 0 0 Description and Scope This project will provide for the replacement of the legacy Master Control System at the Virginia Beach Juvenile Detention Center(JDC).The project will include the design and installation of a new Master Control System and software upgrades to the current IT OS and security standards. In addition,the current analog cameras for the Genetec system will be replaced with the IT standard digital cameras.This project will also include reconfiguration of the room that houses master control. Purpose and Need The existing system is obsolete,which presents challenges in the procurement of replacement parts and integration of the system with current technologies as well as in ongoing maintenance and support.Along with risk of unrecoverable failure,this legacy system raises further concerns about cybersecurity. A new system will mitigate maintenance challenges,will allow for seamless integration into the city's current IT infrastructure,enhance system security,and provide enhanced overall facility monitoring that promotes the safety of JDC residents and staff. History and Current Status This project will be created and approved by Council Ordinance adopted on March 16,2021.Procurement is expected to begin in April 2021,with a Statement of Work completed by the end of FY 2020-21. Operating Budget Impacts There will be ongoing operating costs of$21,000 per year for the technology included in this CIP project. Project Map Schedule of Activities Project Activities From-To Amount Site Survey 06/21-06/21 24,000 Implementation 07/21-09/21 450,000 Contingencies 07/21-06/22 126,000 Total Budgetary Cost Estimate: 600,000 Means of Financing Funding Subclass Amount Local Funding 600,000 Total Funding: 600,000 1 03/9/2021 53 ITEM— VLJ.8a ORDINANCES/RESOLUTIONS ITEM#71412 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $51,600 in CARES Act funding to the FY2020-21 Parks and Recreation Operating Budget re out-of-school time program Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott,Mayor Robert M.Dyer,Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE DEPARTMENT OF PARKS AND 3 RECREATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $51,600 in Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act 9 Funding is hereby accepted and appropriated, with federal revenues increased 10 accordingly, to the FY 2020-21 Operating Budget of the Department of Parks and 11 Recreation for the Out-of-School Time Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of March , 2021. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management ervices o y's Office CA15340 R-1 March 3, 2021 54 ITEM— VLJ.8b ORDINANCES/RESOLUTIONS ITEM#71413 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $135,124 from the National Fish and Wildlife Foundation's National Coastal Resilience Fund, to the Capital Project #100365 "Sea Level Rise/Recurrent Flooding Analysis"re study of marsh island restoration in Back Bay Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M.Dyer,Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FOR A STUDY OF MARSH ISLAND 3 RESTORATION IN BACK BAY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $135,124 is hereby accepted from the National Fish and Wildlife Foundation's 9 National Coastal Resilience Fund and appropriated, with revenues increased accordingly, 10 to Capital Project #100365, "Sea Level Rise/Recurrent Flooding Analysis," for a study of 11 marsh island restoration in Back Bay. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of March , 2021. 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 i or Office CA15338 R-1 March 3, 2021 55 ITEM— VI.J.8c ORDINANCES/RESOLUTIONS ITEM#71414 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $300,000 from the Landmark Foundation to the FY2020-21 Public Health Operating Budget and AUTHORIZE grant-supported positions re Baby Care Program Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE DEPARTMENT OF PUBLIC HEALTH FOR 3 THE BABY CARE PROGRAM AND TO CONTINUE THE 4 AUTHORIZATION OF GRANT-SUPPORTED POSITIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $300,000 is hereby accepted from the Landmark Foundation and appropriated, with 10 revenues increased accordingly, to the FY 2020-21 Operating Budget of the Public Health 11 Department for the continuation of the Baby Care Program, and any grant-supported 12 positions for the Baby Care Program are continued and remain contingent upon future 13 funding of this grant. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of March , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY: ►� Budget and Management Services C' s Office CA15336 R-1 March 4, 2021 56 ITEM— VLJ.9a ORDINANCES/RESOLUTIONS ITEM#71415 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: a. $238,000 from the General Fund Reserve for Contingencies to the FY-2020- 21 Planning and Community Development Operating Budget to be provided to Hampton Roads Transit as a local match re Microtransit Demonstration Project(Virginia Beach West Pilot) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M.Dyer,Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 1 AN ORDINANCE TO TRANSFER FUNDS FOR A 2 MICROTRANSIT DEMONSTRATION PROJECT 3 4 WHEREAS, the City Council wishes to participate in a Regional Microtransit 5 Demonstration Project to be operated within the City of Virginia Beach by Hampton Roads 6 Transit; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT; 10 11 $238,000 from the General Fund Reserve for Contingencies is hereby transferred 12 to the FY 2020-21 Operating Budget of the Department of Planning and Community 13 Development, and these funds are to be provided to Hampton Roads Transit as the local 14 match for the Virginia Beach West pilot of the Regional Microtransit Demonstration 15 Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of March , 2021. APPROVED AS TO CONTENT: AP AS TO LEGAL SUFFICIENCY: J Budget an anagement Services `-Gi rn s Office CA15337 R-1 March 4, 2021 57 ITEM— VLJ.9b ORDINANCES/RESOLUTIONS ITEM#71416 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Nancy Parker, 573 23rd Street, Phone: 651-4848, expressed noise level and parking concerns After City Council discussion, Council Member Tower made a motion, seconded by Council Member Jones, to ADOPT Ordinance to TRANSFER: ) b. $4,850,000from Capital Project#100147, "Dome Site Parking"and $4,375,000 from Capital Project#100059, "Resort Parking District" to Capital Project #100146, "Dome Site Entertainment Venue" re costs associated with the design and construction of the entertainment venue Council Member Moss then made a SUBSTITUTE MOTION, seconded by Council Member Abbott, to DEFER to March 23, 2021, and hold a Special Session re Ordinance to TRANSFER: b. $4,850,000 from Capital Project#100147, "Dome Site Parking"and $4,375,000 from Capital Project#100059, "Resort Parking District" to Capital Project #100146, "Dome Site Entertainment Venue"re costs associated with the design and construction of the entertainment venue Voting: 2-8 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Jessica P.Abbott John D. Moss Council Members Voting Nay: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 58 ITEM— VLJ.9b ORDINANCES/RESOLUTIONS ITEM#71416 (Continued) Upon motion by Council Member Tower, seconded by Council Member Jones, City Council ADOPTED Ordinance to TRANSFER: b. $4,850,000 from Capital Project#100147, "Dome Site Parking"and $4,375,000 from Capital Project#100059, "Resort Parking District" to Capital Project #100146, "Dome Site Entertainment Venue"re costs associated with the design and construction of the entertainment venue Voting: 8-2 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P.Abbott John D. Moss Council Members Absent: Michael F. Berlucchi March 16, 2021 1 AN ORDINANCE TO TRANSFER $4,850,000 FROM 2 CAPITAL PROJECT #100147, "DOME SITE PARKING," 3 AND $4,375,000 FROM CAPITAL PROJECT #100059, 4 "RESORT PARKING DISTRICT TO CAPITAL PROJECT 5 #100146, "DOME SITE ENTERTAINMENT VENUE" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $4,850,000 from Capital Project #100147, "Dome Site Parking," and $4,375,000 11 from Capital Project # 100059, "Resort Parking District," is hereby transferred to Capital 12 Project#100146, "Dome Site Entertainment Venue," for costs associated with the design 13 and construction of the entertainment venue. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of March , 2021. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services City Atto 's Office CA15341 R-1 March 4, 2021 5 City of Virginia. Beach of OUR NAI1C VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtowerevbgov.com DISTRICT 6-BEACH In Reply Refer to 0069729 March 16, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's consideration and vote to amend the Capital Improvement Program by transferring $4,850,000 from Capital Project #100147, "Dome Site Parking," and $4,375,000 from Capital Project#100059,"Resort Parking District"to Capital Project#100146,"Dome Site Entertainment Venue." 2. The applicant has disclosed that Kaufman & Canoles is one of its legal services providers. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 211 43rd STREET.VIRGINIA REACH.VA 2%As1 Mrs. Amanda Barnes -2- March 16, 2021 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly,objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. S. ely, Guy . Tower Councilmember GKT/RRI 59 ITEM— VLK.1 PLANNING ITEM#71417 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of GRAY POINT COVE,LLC&SHARON L. GRAY for a Variance to Section 4.4(b) of the Subdivision Regulation re lot width at 3108 Little Haven Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GRAY POINT COVE, LLC & SHARON L. GRAY for a Variance to Section 4.4(b) of the Subdivision Regulation re lot width at 3108 Little Haven Road(GPINs 14981362430000, 14981366790000) DISTRICT 5 —LYNNHAVEN The following condition 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 "Preliminary Subdivision Plat of Lot G-1-A and Lot G-1-B, Little Haven", dated September 28, 2020, and prepared by American Engineering, 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 16th day of March Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott,Mayor Robert M. Dyer, Barbara M.Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 — II': \ , 44',' V'''''' A i4j1 4 4 0 lic NIF . \ Or_ _ 2----,_„, 6) K/' ),,-;:, ,, - , L0 _,,,,. 4101111&- 2\\TNN D 0 <7" 8PAlk - -- '6A1)' '' / ' _- ( / /10 110 RP. --.. 111 --------- , 4111,1"-'40. <-7211_11-1 / 4i, R-40 1 -3 %. �' 4Pie' e/o R40 •�+ R20 . e9 ) ( . ,i '41ig?-• ' L . og' - \ \__) ,,' e- , ,-- . ___/. o �� dal• e R40 iii5•:L_, I, <2., \ Q i ,/ 1 1 ---,,crof R40 \ ' ? �2' \ V t ft \ ar , y , i v R40 R‘4VA , /)� 7� „ . \\ �� NS�,,\\ � Site Gray Point Cove, LLC WA :,, Property_Polygons 3108 Little Haven & Adjacent Western Parcel .0 3108 s Zoning _ Building I ii.. Feet Parking Lot Drive Aisle 0 40 80 160 240 320 400 480 60 ITEM— VLK.2 PLANNING ITEM#71418 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of KENNETH STUART PROUD/MARK& CRYSTAL PROUD for a Change in Nonconformity re enlargement of existing dwelling at 228 Cavalier Drive DISTRICT 6-BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KENNETH STUART PROUD /MARK & CRYSTAL PROUD for a Change in Nonconformity re enlargement of existing dwelling at 228 Cavalier Drive (GPIN 24188682940000) DISTRICT 6-BEACH The following conditions shall be required: 1. The expansion of the building shall be in substantial conformance with the submitted Site Plan entitled, "BZA Exhibit of Lot 6", dated October 6,2020, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled, "Proud Residence", revised September 21, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The expansion shall be located no closer than 9.14 feet from the rear property line as depicted on the submitted Site Plan entitled, "BZA Exhibit of Lot 6", dated October 6, 2020, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. This location is a deviation to the 20-foot setback required by the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`"day ofMarch Two Thousand Twenty One. Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Michael F. Berlucchi March 16, 2021 1 A RESOLUTION AUTHORIZING AN EXPANSION OF 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 228 CAVALIER DRIVE 4 5 WHEREAS, Kenneth Stuart Proud (the "Applicant") has made application to the 6 City Council for authorization to expand one of the nonconforming structures located at 7 228 Cavalier Drive and zoned R-7.5 (NE) Residential Zoning District with the addition of 8 a front porch and addition to one of the two dwellings on the parcel; 9 10 WHEREAS, this parcel currently contains two (2) single family dwelling units which 11 is not allowed in the R-7.5 Zoning District, but the two (2) dwellings were built prior to the 12 adoption of the applicable zoning regulations and are therefore nonconforming; 13 14 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 15 approval of this application on February 10, 2021; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 18 of nonconforming structures is unlawful in the absence of a resolution of the City Council 19 authorizing such action upon a finding that the proposed structures as expanded will be 20 equally appropriate or more appropriate to the zoning district than are the existing 21 structures. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structures as expanded, will 27 be equally appropriate to the district as are the existing nonconforming structures under 28 the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the expansion of the nonconforming structures is hereby authorized, upon the 34 following conditions: 35 36 1. The expansion of the building shall be in substantial conformance with the 37 submitted Site Plan entitled, "BZA Exhibit of Lot 6", dated October 6, 2020, and 38 prepared by WPL, which has been exhibited to the Virginia Beach City Council 39 and is on file in the Department of Planning and Community Development. 40 41 2. The exterior of the proposed improvements shall substantially adhere in 42 appearance, size and materials to the submitted elevations entitled, "Proud 43 Residence" revised September 21, 2020, which has been exhibited to the 44 Virginia Beach City Council and is on file in the Department of Planning and 45 Community Development. 46 47 3. The expansion shall be located no closer than 9.14 feet from the rear property 48 line as depicted on the submitted Site Plan entitled, "BZA Exhibit of Lot 6", 49 dated October 6, 2020, and prepared by WPL, which have been exhibited to 50 the Virginia Beach City Council and is on file in the Department of Planning and 51 Community Development. This location is a deviation to the 20 foot setback 52 required by the Zoning Ordinance. 53 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of March , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: G„- Planning a d Community City Att y's Office Development CA15314 R-1 January 29, 2021 2 ill iiiii4 tpl .Li') oc ilk oc, L Twir \ * W __ ° 1‘ ° cc L _t ar 3 0 r\� „ill' o N G- 0000 ----\ 'CS, \ I : At`ant� pets e -- o `T !ciu. CirCS \ u" __:___ IC. I co ' o I _..------- 16 0 4...%)-- '( 31 \ u- \%/ o I IV __ k 0 ‘ os ,, 0 0 tp s s 4... .... I ‘• tl-, 1 kilin.p—Ait wt. Vetl-i 1 ts T.,\._____\ inL--- is.: ----11 \ u. •%LhOaili,\\ .a --bct--_-___-,-i;'- 0--- 1 ,fi ` - ( ` o-\--;,--- U N � ca cZ \ 't ,J = co , 1 V N t3,_ \ \ 11111 0 Cipott\...Willi!ir - .__ \ 0) \\ot, \ Illi rD --- \ct7) 4. \ ri. 0 - $0 I\ I W Lo ‘ V , ' \ \ c:), 0 i \7IL o ---k._\ , .0. '1' c I L Q \ 1 _ ---- - ( \ _ \ ___Q __Aig• ' .0.......... 0 �• \- J \ : a) p C ois r 01 0 0 ___ 11 61 ITEM— VLK.3 PLANNING ITEM#71419 The following registered to speak: Robert Beaman, 222 Central Park Avenue, Suite 2000,Attorney for the Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, Phone: 213-6674, spoke in OPPOSITION Robert Glancy, 2356 Cape Arbor Drive. Phone: 506-9385, did not respond Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS MODIFIED, AS PROFFERED, Application of MS VIRGINIA BEACH, LLC for a Modification of Proffers at 2257 Willow Oak Circle re add 49 units to the 392 existing units DISTRICT 5—LYNNHAVEN (Approved on June 1, 1987) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MS VIRGINIA BEACH, LLC for a Modification of Proffers at 2257 Willow Oak Circle re add 49 units to the 392 existing units (GPIN 1499493656) DISTRICT 5—LYNNHAVEN(Approved on June 1, 1987) The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia,on the 16`h day of March Two Thousand Twenty One. Voting: 8-2 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P.Abbott John D. Moss Council Members Absent: Michael F. Berlucchi March 16, 2021 a`40114 $ Ac, Ott kt. t CITY OF VIRGINIA BEACH --: INTER-OFFICE CORRESPONDENCE OF OUR'M PTON In Reply Refer To Our File No. DF-10578 DATE: March 5, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson •• DEPT: City Attorney RE: Conditional Zoning Application; MS Virginia Beach, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 16, 2021. I have reviewed the subject proffer agreement, dated August 31, 2020 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom Prepared by and return to: Robert P.Beaman III,Esq. (VSB No. 74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement"), made this 31 st day of August, 2020, between MS VIRGINIA BEACH LLC, a Delaware limited liability company, ("Grantor", and grantor for indexing purposes); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee", and grantee for indexing purposes). WITNESSETH: WHEREAS, Grantor is the owner of the real property described on Exhibit A attached hereto (the"Property"),which property is currently zoned Conditional A36, and is subject to certain recorded proffered covenants, restrictions, and conditions pursuant to the Agreement by and between David I. Levine and Gale M. Levine and Grantee dated June 15, 1987, and recorded on July 7, 1987 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office")in Deed Book 2651, at Page 218 (the"Original Proffers"); and WHEREAS, Grantor desires to amend and modify certain of the covenants, restrictions, and conditions set forth in the Original Proffers to the extent applicable to the Property; and WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee, after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid pro gi.Lo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, and hereby covenant and agree that the terms of this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. To the extent applicable to the Property, Proffer Number 1 of the Original Proffers is hereby deleted in its entirety. GPIN: 1499-49-3656-0000 109569936v6 2. The last sentence of Proffer Number 4 of the Original Proffers is hereby deleted and replaced with the following: "All structures constructed on Parcel 1-D shall be subject to a maximum height limit of sixty-five(65) feet, and the density shall not exceed four-hundred forty-one(441) units." 3. The following is hereby added as Proffer Number 8 to the Original Proffers, and shall apply only to the Property: "The structure located in the southwestern corner of the Property, when developed, shall be developed in substantial conformity with the conceptual site plan entitled `Marina Shores Expansion', dated August 31, 2020, and prepared by Timmons Group (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning." 4. The following is hereby added as Proffer Number 9 to the Original Proffers, and shall apply only to the Property: "The quality of architectural design and materials of the multifamily residential buildings constructed in the southwest corner of the Property, when developed, shall be in substantial conformity with the exhibit consisting of two (2) sheets, prepared by Cox, Kliewer & Company, P.C., entitled `Marina Shores', and dated November 27, 2020 (the"Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council." 5. The following is hereby added as Proffer Number 10 to the Original Proffers, and shall apply only to the Property: "Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled `Marina Shores Apartment Expansion, Conceptual Planting Plan', and dated August 31, 2020 (the `Landscape Plan'), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review." 6. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. The Original Proffers shall remain in effect in their entirety and are unchanged by this Agreement with respect to the remainder of the Property. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach,Virginia, in force as of the date the modification of proffered covenants,restrictions and conditions is approved by the Grantee. Page 2 109569936v6 The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless,notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantor covenants and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as maybe appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank Separate Signature and Notary Page to Follow.] Page 3 109569936v6 MS VIRGINIA BEACH LLC, a Delaware limited liability company By: �,� Name: �t�'_ 47, ' ?A-c/ivlgY! Title: Via. 1e&r STATE OF tV t yv l er CITY/COUNTY OF Li cyk eLtikU ,to-wit: The foregoing instrument was swgn to and acknowledged before me this 3 k day of vSvrl , 2020, by Y-4ti,v:-,t , on behalf of MS Virginia Beach LLC, a Delaware limited liability company. He/she is either personally known to me or has produced dr:wt' as identification. Witness my hand and official stamp or seal this 3 1 day o s v)t' ,2020. (SEAL) Notary Public g lt,' ��� LAWRENCB S.BLOCK My Commission Expires: NOTARY PUBLIC, State of New York Registration Number:_ 02. SO l(,S 'i No.02BL5016584 Qualified in Westchester County Commission Expires Aug. 16,2021 Page 4 109569936v2 EXHIBIT A Legal Description of Property All of those lots or parcels of land located in City of Virginia Beach, Virginia, and more particularly described as follows: ALL THAT CERTAIN TRACT OR PARCEL OF LAND IN LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE SOUTHERN LINE OF A PARCEL OWNED BY THE CITY OF VIRGINIA BEACH AS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN DEED BOOK 908, AT PAGE 249 WITH THE WESTERN LINE OF CAPE STORY BY THE SEA PLAT NO. 2 AS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT IN THE CITY OF VIRGINIA BEACH,VIRGINIA, IN MAP BOOK 32,AT PAGE 8; THENCE LEAVING SAID CITY PARCEL AND RUNNING ALONG THE SAID WESTERN LINE S. 13° 06' 30" E. 1112.69 FEET TO AN OLD IRON PIN ON THE NORTHERN RIGHT OF WAY LINE OF LYNNHAVEN DRIVE BEING ALSO A POINT ON A CURVE TO THE RIGHT HAVING A RADIUS OF 118.00 FEET A CHORD BEARING OF S. 71° 39' 07" W. AND A CHORD LENGTH OF 21.19 FEET; THENCE RUNNING ALONG THE SAID RIGHT OF WAY LINE WITH A CURVE TO THE RIGHT HAVING AN ARC LENGTH OF-21.22 FEET TO AN IRON PIN; THENCE S. 76° 48' 16" W., 116.28 FEET TO AN OLD IRON PIN AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2,305.98 FEET; THENCE ALONG THE SAID RIGHT OF WAY LINE WITH A CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 296.37 FEET TO AN OLD IRON PIN; THENCE S. 84° 10' 06" W. 327.59 FEET TO AN IRON PIN AT ITS INTERSECTION WITH THE EASTERN RIGHT OF WAY LINE OF RELOCATED GREAT NECK ROAD AS SHOWN ON VIRGINIA DEPARTMENT OF TRANSPORTATION PROJECT NO. U000-134- 108, R/W-201 AND RECORDED IN SAID CLERK'S OFFICE OF THE CIRCUIT COURT IN THE CITY OF VIRGINIA BEACH IN DEED BOOK 2265 AT PAGE 536; THENCE LEAVING SAID LYNNHAVEN ROAD AND RUNNING ALONG THE SAID EASTERN RIGHT OF WAY OF RELOCATED GREAT NECK ROAD THE FOLLOWING COURSES, N. 2° 42' 37" E.. 61.25 FEET TO A CONCRETE MONUMENT; S. 86° 54' 12" E., 14.50 FEET TO A CONCRETE MONUMENT; N 2° 22' 09" E., 8.97 FEET TO A CONCRETE MONUMENT; N. 87° 16' 32" W., 14.50 FEET TO A CONCRETE MONUMENT; N. 2° 42' 37" E. 55.67 FEET TO A CONCRETE MONUMENT AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 4,643.16 FEET; THENCE ALONG THE SAID CURVE TO THE LEFT AN ARC LENGTH OF 681.23 FEET TO A CONCRETE MONUMENT; THENCE N. 84° 24' 48" E., 32.50 FEET TO A CONCRETE MONUMENT; N. 6° 16' 59" W., 29.43 FEET TO A CONCRETE MONUMENT; THENCE S. 84° 06' 16" W., 32.31 FEET TO A CONCRETE MONUMENT ON A CURVE TO THE LEFT HAVING A RADIUS OF 4,643.16 FEET; THENCE ALONG THE SAID CURVE TO THE LEFT AN ARC LENGTH OF 267.49 FEET TO AN IRON PIN AT ITS Page 5 109569936v6 INTERSECTION WITH THE AFOREMENTIONED SOUTHERN LINE OF THE CITY OF VIRGINIA BEACH PARCEL; THENCE LEAVING SAID ROAD RIGHT OF WAY LINE AND RUNNING ALONG THE SAID SOUTHERN LINE N. 79° 48' 26" E., 559.08 FEET TO THE PLACE OF BEGINNING, CONTAINING 711,474 SQ. FT OR 16.3332 ACRES, MORE OR LESS. SAID PROPERTY BEING DESCRIBED WITH REFERENCE TO A CERTAIN PLAT OF SURVEY ENTITLED "BOUNDARY SURVEY OF A PARCEL OF LAND IN LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, PRESENTLY OWNED BY MARINA SHORES ASSOCIATES ONE, LIMITED PARTNERSHIP", WHICH BOUNDARY SURVEY IS DATED JULY 27, 1988 AND RECORDED IN MAP BOOK 204, PAGE 85. BEING THE SAME PROPERTY CONVEYED TO BBR/MARINA SHORES, LLC, BY DEED FROM BABCOCK & BROWN RESIDENTIAL OPERATING PARTNERSHIP. L.P., DATED FEBRUARY 28, 2007 AND RECORDED MARCH 26, 2007, IN THE CLERK'S OFFICE, CIRCUIT COURT, CITY OF VIRGINIA BEACH, VIRGINIA, IN INSTRUMENT NO. 20070326000396120. BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A STEEL PIN FOUND AT THE INTERSECTION OF THE SOUTHERN LINE OF A PARCEL OWNED NOW OR FORMERLY BY THE CITY OF VIRGINIA BEACH AS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN DEED BOOK 908, AT PAGE 249 WITH THE WESTERN LINE OF CAPE STORY BY THE SEA PLAT NO.2 AS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT IN THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 32 AT PAGE 8-A; THENCE LEAVING SAID CITY PARCEL AND RUNNING ALONG THE SAID WESTERN LINE S13°06'30"E 1112.63 FEET TO A STEEL PIN SET ON THE NORTHERN RIGHT-OF-WAY LINE OF LYNNHAVEN DRIVE; THENCE RUNNING ALONG SAID RIGHT OF WAY OF LYNNHAVEN DRIVE THE FOLLOWING 4 COURSES; 1) ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 118.00 FEET, AND ARC LENGTH OF 21.22 FEET, A CHORD BEARING OF S71°39'07"W AND A CHORD LENGTH OF 21.19 FEET TO A STEEL PIN SET; 2) S76°48'16"W, 116.28 FEET TO A DRILL HOLE FOUND; 3) WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 2,305.98 FEET, AN ARC LENGTH OF 296.37 FEET, A CHORD BEARING OF S80°29'29"W AND A CHORD DISTANCE OF 296.17 FEET TO A DRILL HOLE SET; 4) S84°10'06"W 327.57 FEET TO A POINT, BEING THE INTERSECTION OF THE EASTERN RIGHT-OF-WAY OF RELOCATED GREAT NECK ROAD AS SHOWN ON VIRGINIA DEPARTMENT OF TRANSPORTATION PROJECT NO. U000-134-108, R/W-201 AND RECORDED IN SAID CLERK'S OFFICE OF THE CIRCUIT COURT IN THE CITY OF VIRGINIA BEACH IN DEED BOOK 2265 AT PAGE 536 AND SAID LYNNHAVEN DRIVE; THENCE LEAVING SAID LYNNHAVEN DRIVE AND RUNNING ALONG THE SAID EASTERN RIGHT-OF-WAY OF RELOCATED GREAT NECK ROAD THE FOLLOWING 10 COURSES; 1) NO2°42'37"E, 61.25 FEET TO A VDOT MONUMENT FOUND; 2) S86°54'12"E, 14.50 FEET TO A VDOT MONUMENT FOUND; 3) NO2°22'09"E, 8.97 FEET TO A VDOT MONUMENT FOUND; 4) N87°16'32"W 14.50 FEET TO A VDOT Page 6 109569936v6 MONUMENT; 5) NO2°42'37"E 55.67 FEET TO A VDOT MONUMENT FOUND; 6) ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 4,643.16 FEET, AN ARC LENGTH OF 681.23 FEET, A CHORD BEARING OF N01°31'53"W AND A CHORD LENGTH OF 680.62 FEET TO A VDOT MONUMENT FOUND; 7) N84°24'48"E, 32.50 FEET TO A POINT; 8) N06°16'59"W, 29.43 FEET TO A POINT; 9) S84°06'16"W 32.31 FEET TO A VDOT MONUMENT FOUND; 10) ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 4,643.16 FEET, AN ARC LENGTH OF 267.49 FEET, A CHORD BEARING OF N07°44'45"W AND A CHORD LENGTH OF 267.46 FEET TO A STEEL PIN FOUND, BEING THE INTERSECTION OF THE AFOREMENTIONED SOUTHERN LINE OF THE CITY OF VIRGINIA BEACH PARCEL AND THE AFOREMENTIONED EASTERN RIGHT-OF-WAY LINE OF RELOCATED GREAT NECK ROAD; THENCE LEAVING SAID ROAD RIGHTOF-WAY LINE AND RUNNING ALONG THE SOUTHERN LINE OF THE CITY OF VIRGINIA BEACH PARCEL N79°48'26"E, 559.08 FEET TO THE POINT OF BEGINNING, CONTAINING 711,474 SQ. FT. OR 16.3332 ACRES, MORE OR LESS. SAID PROPERTY BEING DESCRIBED WITH REFERENCE TO A CERTAIN PLAT OF SURVEY ENTITLED "BOUNDARY SURVEY OF A PARCEL OF LAND IN LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA PRESENTLY OWNED BY MARINA SHORES ASSOCIATES ONE, LIMITED PARTNERSHIP", WHICH BOUNDARY SURVEY IS DATED JULY 27, 1988 AND RECORDED IN MAP BOOK 204, PAGE 85. Page 7 109569936v6 096 009 0179 0817 0Z£ 09108 0 als!y anua }off 6uPlJed jaad - bu!pl!n9 l 6u!uoZ S aloa!o )IeO MoII!M LSZZ suo6AIod-ApadoJd r,`J 311 y3ea9 e!u!G1!A SIN a}!S %// N i % OII - " 8 vs Q a \ 1 , , �\ .WWv11.c1 as ,-, ‘ 0 I..g? ‘', 214- s y2 � Xsvp as #0 9 \ k-P9,q 3 L f uu�� a 1 11111 Iti , \I:1 '1 Q r , eal..c- „,�1, • ,roc� l„, �_f!t� $\\8.*�iS.L'il\OL!!"IIPI . ' ' . 1 V :, ',, ,si , 1 t: , , 0, ,, ..., woo ° 4 0, ii os v . . 4, ,1 , c?, , 2, �' r_1\ :\ \--- I _, a.. �6 ,1\ -- - \v. olti iii 04 1. � �r\,:� f t-r• -. siva', s‘ lue- to-wostst .c1,\\- v,- ovof ...0 ,,,', c) p<, o„. \.iiii, . ,14.,!.......„ � ��• ��.,�0.� 4- � � d ^� �. � ILI Oa5 L-M 1i �♦►, ' ,�s -• • \0.Ii� 9£ ti�tylo.,...<0.,\r, . 1.\\s..Lritoi,s.e.dvilli - , 81.�d� oo ��:Li: . .:,,s.,.. ,,,„, _ ,., ..,......li,_ _ ,,4 iw,l_ta.:4,,,tii_i c_• , , „ . co c ,,,, E:3 0„ .4 ,,,, 0 \‘.....••• *a \ - *tali -- kit IttA_w'tik‘ ,n,, .1.00 4111/11 Vtlik--- -AY.ii 1,0'‘t1:111, •. c "A 'CD 8,' 1:;\ n \ 111...-- . ,--- `\• S3\„D \.: \ , __; „v. 1 121 l SA \ - .�� *, e%4* �,,` .\Vf4O+ .‘A9V1.# ..1\:$__ Q 1,C -,); -.,-,-,- -' N/ ili"Q ' 1. 1 • t S 178 S."LEI�,+ = '\\\'0�Q A "!. 1AV : SIN-- �`, - - \\ oW''\ ; ` o 1 Z8 '''' ' -;''' - 0 \ 1q7)E? \ Oa4-2� s�e� �" \\ 4 * S_Lt1 on `� `I'' ° * gab' r Ica .� o ``o - OW gill In SO.. j pry'` 5�1=2� Ail-''`j=�,�'\ 5'�L�i �LZI , ,�' \_ °' . i - wkl�`\ am + - • - ' : t v.!! s,,:ae, � r , , I, • !, 62 ITEM— VLK.4 PLANNING ITEM#71420 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED,AS MODIFIED, AS CONDITIONED, BY CONSENT, Application of FIRST CHINESE BAPTIST CHURCH for a Modification of Conditions re religious use at 228 Pritchard Road DISTRICT 6—BEACH (Approved May 1, 1961) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FIRST CHINESE BAPTIST CHURCH for a Modification of Conditions re religious use at 228 Pritchard Road(GPINs 1497227432, 1497229425) DISTRICT 6—BEACH(Approved May 1, 1961) The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit (Parking Lot Expansion) granted for the Church in 1995 are hereby deleted and superseded by the following conditions below. 2. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "Site Improvements Plan", dated January 27, 2021, and prepared by John Sandow Engineering, LLC, 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 elevations entitled, "First Chinese Baptist Church", dated June 25, 2020, and prepared by Barnes Design Group which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning& Community Development. 4. 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. 5. The existing freestanding sign fronting Pritchard Road shall be removed from the right-of- way. 6. Signage for the Religious Use permitted includes the sign proposed on the front facade as depicted on the elevations entitled, "First Chinese Baptist Church", dated June 25, 2020, and prepared by Barnes Design Group which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning& Community Development. March 16, 2021 63 ITEM— VLK.4 PLANNING ITEM#71420 (Continued) 7. The proposed addition shall be located no closer than 28.69 feet from the Pritchard Road front property line as depicted on the exhibit entitled, "Site Improvements Plan", dated January 27, 2021, and prepared by John Sandow Engineering, LLC. This location is a deviation to the 30-foot front setback required by the Zoning Ordinance. 8. The proposed addition's porch, steps and railings shall be located no closer than 14.13 feet from the southern side yard property line as depicted on the exhibit entitled, "Site Improvements Plan", dated January 27, 2021,and prepared by John Sandow Engineering, LLC. This is a deviation to the 20-foot side yard setback required by the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia,on the 16`h day ofMarch Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer,Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 ix, - ,... ., \, „ 07 � ' co. pi-N- ON Alco 9 f �ti � o� D ‘ - ♦ 3 ,..: 40 *41 r '4* \ 2 / ( .%::::0 #41fr * o ,o , ( V. \ fio % 04) • ,6), \lk Ia.\ ii‘ A 3 \ , lie .7.,,e 4, . CO </> # 4P4K> / - ° • 114\44r/ %. \• i 0‘,, ,- Io 0<6 0 N 0 CO /0 ilk ' -4, . not- ... e '4, \, o i **/ ** 44 \--, , 1,i/- \* i00 0 *AZ s 0 5> / 8 \ \... Noe. 4 4. ,. o ,) , . • \4N s* • ,�o ��► ��c,; �t o, WiLo/e1*- ho iti # N-7- •,•\• .— 11 *0 ,A :s.&-ez© r - * -.,(4b., s /' co cz �0 6 * ..'� ,tom \'PIC - ' �� blo�/ J,\ C4 , 4/1„.i\, .0. ., - = a . co \2 ,y \e . 0, 0 at . 0 CSI ,z / 'Ci.A.sr, 4 . ' \ \ tie. Vo---- /.` \--/Z\ -K\ \\'``%•.% \ -$1° ' 4.. 4' AxeVit I ' ‘ ?.. >\2 y s 0% ae‘*%*°- isC 40 A Ili' u_ \ ‹ . v " .,, _ .x. V II_ 40 •4* ' "'. . , s 0 0 "sr - / 40,- */ '-----' 10 ,lv 0 * • .1: \, )• //illko_________ c ,<\•- #N 0 4 1 I \ ,/4S1 0, r.: IF k.,,,, * s / * 4/ A-,..#% • N 40I \ .. � •4,11---fl 11.., , \wit" � \l oC40 ' .,, \ • k., -\ >. .C> - 4/ \\# /.9/ 1.02' \ 4' . 'zr' : -= 0, c c \c� ��� A ,) c> i( d A li U) d N m d 64 ITEM— VLK.5 PLANNING ITEM#71421 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of MAXIMO P. AQUINDE JR. & EDYNERRIS O. AQUINDE for a Conditional Use Permit re family day-care home at 980 Avery Way DISTRICT 1 - CENTER VILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MAXIMO P. AQUINDE JR. & EDYNERRIS O. AQUINDE for a Conditional Use Permit re family day-care home at 980 Avery Way(GPIN 1464362803) DISTRICT 1 - CENTERVILLE The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve(12)children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six (6)foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. 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 161"day ofMarch Two Thousand Twenty One. March 16, 2021 65 ITEM— VLK.5 PLANNING ITEM#71421 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 v ✓ " W i 4r - /. / N Io oad N . ce j0 o NtN o i;Plikt LO CO ter,_ I _ , I R, do;is. VI' \. A ‘, , , \ ,_ , ce \ (//: -or.—I. a) �� < , \,„ __,. -- I .-2_ >, = ct, 0_ , it:7>e� y � ,\ • , 0 — o . hi y > psi 0 L Q co �� ; >, 00 0 -c, n*\ Gou `� Fair 00 i V' .. GVG • c ,\000-•to \ ♦# • \' , o W., • •°, . -- % o ' �u o ON, NV 0 N 0 G •'❑ cLD Ir Q a) CI 0 0 !"7 03 0 - , W.-) .,,,,,:.:-.,. �I J m • air 0 PI /W apu! N • m 66 ITEM— VLK.6 PLANNING ITEM#71422 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED,AS CONDITIONED,BY CONSENT, Application of DEON JOHNSON SR. & YESSICA DIAZ-JOHNSON for a Conditional Use Permit re family day-care home at 5150 Rugby Road DISTRICT 1 -CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DEON JOHNSON SR. & YESSICA DIAZ-JOHNSONfor a Conditional Use Permit re family day-care home at 5150 Rugby Road (GPIN 1465948584) DISTRICT 1 - CENTERVILLE The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve(12)children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six (6)foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. This Ordinance shall be effective in accordance with Section 10709 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day ofMarch Two Thousand Twenty One. March 16, 2021 67 ITEM— VI.K.6 PLANNING ITEM#71422 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M. Dyer,Barbara M.Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 0iZ 00Z 096 0Z1. 08 0170Z 0 a�siy aniaa }off 6ui�{aed Teed MIME - 6uipIin8 6uiuoZ 1-1 s peom Ag6nj 05 is suo6Alod-A}.iadoad No- \, m uosuuor-ze!Q e3isseA en NI 4� -- ir 0 / 'Zj\ 0-\ \> ' 000 __ d ' (1L ,2>' 1 ' # .,,-.1' \ \___\_,I., 1111 ii.. '6, - - lit 4 *.4," 2 U f• o � ► tu „),,N\ 1 4er /A& \ \ 0 0, 0 , /, 7 4q .4.0 , ,, tioi- ,,,, it f,i, 4 4 • Illp * ", zeeri,.-v g•tf,„"t-....„, 0 ,. 41L,00, II C7, /� . , , ii, 4:1‘ \ 1 111. ,_ .#‘4- 1 ------ of ..0 /iNik,,..,1 __ of,,,,,,, ir.so ,, , ..,,,,,„,„„ , _„,, 4„ . ibis. ------,(4- Irwij ' i , _ „a It L):, I[I] L -' 111 0 K Li_tP 0 i[ 0 FM 0 1 \ \ IP" -- 1 1 L____J �.. I II . O - I 1all 68 ITEM— VLK.7 PLANNING ITEM#71423 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of TOYA SMITH / SST HOLDINGS, LLC for a Conditional Use Permit re assembly use at 701 A South Military Highway DISTRICT 2-KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TOYA SMITH/SST HOLDINGS,LLC for a Conditional Use Permit re assembly use at 701 A South Military Highway (GPIN 1456273699) DISTRICT 2-KEMPSVILLE The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of attendees shall not exceed thirty (30) or the occupancy load determined by the City of Virginia Beach Fire Marshal. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), 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 Department of Planning & Community Development for the installation of any new signs. 4. All event activities shall occur within the building. 5. No amplification of music or use of speakers shall be permitted except within the enclosed building. 6. Hours of operation shall be limited to 7:00 p.m.- 9:00 p.m., Monday through Thursday, 12:00p.m.- 12:00 a.m. on Friday, and 8:00 a.m. - 12:00 a.m. Saturday through Sunday. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`"day ofMarch Two Thousand Twenty One. March 16, 2021 69 ITEM— VLK.7 PLANNING ITEM#71423 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott,Mayor Robert M.Dyer, Barbara M. Henley,Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 , , 1-3:) ; �, tl. o lJ� o z ��=� f co ° o 0 00 \ 0 0 0 C r a I co r I - r 1 1 i i 7 __-. 1 - CD J " _ I ..... �-- _mot O Iov JIMH lu� I�� i W �i. ji Mitt , r��l�r� �1�;�I� CU ra oo o o� N t 00 / a, '‘--7.1\ . 9 N i % II �� m \ 1 H _,,,," 0 O ei 44 all IIII to \\ a I % 7/3 0 0 o a) c c Q �0 0 c d N co 70 ITEM— VLK.8 PLANNING ITEM#71424 The following registered to speak: Eddie Bourdon,Attorney for Applicant, 4429 Bonney#500, Phone: 499-8971, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Joey Fletcher, 4972 Virginia Beach Boulevard, Phone: 499-4146, did not respond Upon motion by Council Member Jones, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, Application of XPERT SERVICES, LLC / VB INVESTMENTS, LLC for a Conditional Use Permit re car wash facility at 4937 Broad Street DISTRICT 4—BAYSIDE(Deferred from February 16, 2021) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA XPERT SERVICES,LLC/VB INVESTMENTS,LLC for a Conditional Use Permit re car wash facility at 4937 Broad Street(GPIN 1477055792) DISTRICT 4—BAYSIDE(Deferred from February 16, 2021) The following conditions shall be required: 1. Except for the ingress/egress point and where possible, the Applicant shall install and maintain a minimum six-foot tall hedgerow along the entire length of the Property on Broad Street.New plant material shall be at least four(4)feet tall at the time of installation and appropriately spaced as per the species. A Landscape Plan shall be submitted to the Planning Department for review and ultimate approval. Plan material required by the approved Landscape Plan shall be installed prior to the issuance of the Certificate of Occupancy for the Conditional Use Permit. 2. There shall be no more than four(4) vehicles parked within the fenced and gated area on the south side of the building, at any one time. The parking area on the north side of the building shall not be used for parking vehicles to be, or having been, detailed, nor for parking any vehicle of an employee who is detailing vehicles. In no case shall the number of vehicles brought the site to be detailed exceed eight(8)per day. 3. Vehicles being brought to the site to be detailed and taken from the site after detailing, will utilize Virginia Beach Boulevard, Dorset Street, Rose Marie Street and the one (1) block section of Broad Street between its intersections with Dorset Street and Rose Marie Street. 4. Vehicles associated with the operation, employees or otherwise, shall not be permitted to park on any portion of the public right-of-way, or the paved roadway/driveway on the west side of the building. The building on-site, excluding the garage, shall only be used for maintaining/storing of files,paperwork and office supplies used by the business. The on- site parking area on the north side of the building may only be used to temporarily park the vehicle of an officer or employee who is delivering or picking up company files and supplies. This on-site parking area may also be utilized by those maintaining and repairing the building, its utilities, and the grounds. March 16, 2021 71 ITEM— VLK.8 PLANNING ITEM#71424 (Continued) 5. The vacuuming and detailing of vehicles shall only take place inside the existing garage. The washing of the vehicles to be detailed will be done with an electric power washer and hand dried directly behind the center of the building within the enclosed fenced and gated area as depicted on the "SITE SURVEY&PLAN". 6. The existing fencing which encloses the area of the site shall be replaced with a six foot (6) high solid wooden fence and the existing chain length double gated access shall be covered with an earth tone or black mesh cover. 7. There shall be no automotive repair work performed on this site, nor shall there be any outdoor storage of materials, equipment, or vehicles other than those awaiting detailing as conditioned herein. 8. The hours of operation shall be between 9:00 a.m. and 5:30 p.m. Monday through Friday and between 10:00 a.m. and 5:00 p.m. on Saturday. 9. There shall be no sale of vehicles or signage on-site to identify the business. 10. Trash will be collected in a standard roll-out container which shall be stored within the fenced in area on the south side of the building. 11. The proposed use shall comply with the provisions of section 228.1 of the Zoning Ordinance for a Car Wash Facility. 12. The existing vehicular access point shall be upgraded to a commercial entrance that meets Public Works Standards. All approvals and permits associated with this upgrade shall be obtained prior to the commencement of any work in the right-of-way. Note: The owner (Xpert Services, LLC) has publicly and voluntarily expressed the intent to record a private Deed Restriction in the land records maintained by the Clerk of Circuit Court, enforceable by any home owner on the north side of Broad Street, which expressly restricts the use of the Property for "detailing"vehicles pursuant to this Conditional Use Permit to Loizou, Inc. trading as A & G Auto Sales for its vehicles. This Deed Restriction will be recorded by the owner immediately upon the commencement of the vehicle detailing pursuant to this Conditional Use Permit. (Per the City Attorney's Office this is not a condition attached to the Conditional Use Permit.) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`''day of March Two Thousand Twenty One. March 16, 2021 72 ITEM— VLK.8 PLANNING ITEM#71424 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 Li I CI 0 -, 7 j I I b LU I - ( t� I' _ U 0.1A , - 0 --1 % - EY _ ____ _ 0 0 0 _ c 1 0 ___ __,--cts , CD D R7.5 1,C R�7..5 r > R7.5 .I 1--1 R7.5 �, _R7.5 I -1 r e•-• - , i' I , n ! > \- 1 __ lij . � Broad Street Broad-Street ---Broad-Street Broad Street -/ >...- r f! , LI] ; - I -z B � Ll � r I —iC .� W B2 co ; B2 = B3 -:11 ' _ 2 a) W > ca i, '[ O Fe .. ` i . i _— N or A Site Xpert Services, LLC w Property_Polygons 4937 Broad Street s QZoning Building ICIIici=so Feet PLAN TRANS SURFACES 0 25 50 100 150 200 250 300 73 ITEM— VLK.9 PLANNING ITEM#71425 The following registered to speak: Benjamin Lindborg,Applicant, 1017 Dartford Mews, Phone: 574-258-6316, spoke in SUPPORT Christopher Tolton, 3205 Chapham Cross, Phone:270-6246, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Mary Cartledge, 3293 Lake Crest Road, Phone: 769-3573, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, Application of NORTH LEGEND OUTFITTERS, LLC/BENJAMIN DAVID & BROOKE HARRIS LINDBORG for a Conditional Use Permit re home occupation — retail sales (firearms) at 1017 Dartford Mews DISTRICT 5-LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NORTH LEGEND OUTFITTERS, LLC / BENJAMIN DAVID & BROOKE HARRIS LINDBORG for a Conditional Use Permit re home occupation — retail sales (firearms) at 1017 Darford Mews (GPIN 1498161975) DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives(ATF) in order to conduct business. 3. All small arms ammunition,primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than four(4)hand-to-hand transactions per month at the dwelling. 6. Not more than twenty (20)percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. March 16, 2021 74 ITEM— VI.K.9 PLANNING ITEM#71425 (Continued) 7. There shall be no more than one (1)employee, other than the homeowner, on the property associated with this home-based business. 8. This Conditional Use Permit is limited to the applicant only, as the main provider of the Firearm Sales Home Occupation. 9. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 10. There shall be no test firing of firearms on the site. 11. The home occupation shall not create noise, dust, vibration, smell,smoke,glare, electrical interference,fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. This Ordinance shall be effective in accordance with Section 107(9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`"day of March Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott,Mayor Robert M.Dyer, Barbara M. Henley,Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. 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APPOINTMENTS ITEM#71426 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE March 16, 2021 76 ITEM— VLL APPOINTMENTS ITEM#71427 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: FRANK M. RABENA Unexpired term thru 6/30/2021 Plus three year term 7/1/2021 —6/30/2024 BAY FRONT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M.Dyer, Barbara M. Henley,Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 77 ITEM— VLL APPOINTMENTS ITEM#71428 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JOAN WOOD Unexpired term thru 12/31/2022 LUCAS ROBERTSON Unexpired term thru 12/31/2023 COMMUNITY SERVICES BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 78 ITEM— VLL APPOINTMENTS ITEM#71429 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: LETITIA SHELTON (Represents Director of Finance) No Term DEFERRED COMPENSATION BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M.Dyer, Barbara M. Henley,Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 79 ITEM— VLL APPOINTMENTS ITEM#71430 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: ALBERT HENLEY Unexpired term thru 12/31/2023 HISTORIC PRESERVATION COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 80 ITEM— VLL APPOINTMENTS ITEM#71431 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: WILLIAM ALMOND (Represents Resort Advisory Commission) No Term OLD BEACH DESIGN REVIEW COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer, Barbara M.Henley,Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 81 ITEM— VLL APPOINTMENTS ITEM#71432 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: LARRY SHACKELFORD RUBY CHRISTIAN (Alternate Member, Merit Service) Three year term 3/1/2021—2/28/2024 PERSONNEL BOARD Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 82 ITEM— VLL APPOINTMENTS ITEM#71433 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: KATHERINE McVEY Unexpired term thru 5/31/2023 SENIOR SERVICES OF SOUTHEASTERN VIRGINIA Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 83 ITEM— VLL APPOINTMENTS ITEM#71434 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: COUNCIL MEMBER BARBARA M.HENLEY (Ex-Officio City Council Member/Representing Princess Anne District 7) Three year term 3/16/2021—2/28/2024 TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi March 16, 2021 84 NEW BUSINESS ITEM#71435 Mayor Dyer advised tomorrow is the State of the City and he is hopeful that everyone watching the presentation will understand the message represents all City Council Members,present and past, and is a tribute to the Body's hard work and dedication. Mayor Dyer advised this Body has gone through so much together and will continue together, going forward to bring positivity and a bright future. God bless everyone. March 16, 2021 85 ADJOURNMENT ITEM#71436 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:11 P.M. Terri H. Chelius Chief Deputy City Clerk anda me MMC Robert M. Dyer aty Clerk Mayor March 16, 2021