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OCTOBER 24, 2023 SPECIAL FORMAL SESSION MINUTES
NIA-BBC' U r d�f OUR NAWIQ�" VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 24, 2023 Mayor Robert M. Dyer called to order the CITY COUNCIL SPECIAL FORMAL SESSION in the City Council Conference Room, City Hall, on Tuesday, October 24, 2023, at 1:00 P.M. Council Members Present: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 MAYOR'S CALL FOR SPECIAL FORMAL SESSION ITEM#74896 'HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, 1 hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday, October 24,2023 1:00 P.M. City Council Conference Room 2034 Building 1, City Hall,2"d Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to allow the City Council to convene into a Closed Session to consider the following matters: • Building Security- Housing Resource Center • Public Contract—ESM contract • Public Contract—Something in the Water • Public Contract—Lifeguard contract • Public Contract—8m Street • Personnel Matters - Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies, Task Forces and Appointees At 6:00 p.m., the City Council will reconvene into Open Session in the City Council Chamber for the purpose of certifying the Closed Session and considering the following Ordinance deferred on October 17, 2023: Ordinance to DECLARE easements in EXCESS of the City's needs and AUTHORIZE the sale of easements to Dominion Energy Virginia re Electric Transmission Corridor for the Coastal Virginia Offshore Wind Project DISTRICTS 2, 5 and 6 Sincerely, Robert M. Dyer Mayor" cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office October 24, 2023 'Bc 04 •-.....ae tz- Clty c>F V1rg1r11 a B�aCl l U a� c 'FS OF OUR IN 01P 0 VileoN.coin ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-M (757)3854581 FAX(757)385-5699 October 18, 2023 BDYER(cbVBGOV COM HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21,and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday, October 24,2023 1:00 P.M. City Council Conference Room 2034 Building 1, City Hall,2"d Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to allow the City Council to convene into a Closed Session to consider the following matters: • Building Securitv- Housing Resource Center • Public Contract—ESM contract • Public Contract—Something in the Water • Public Contract—Lifeguard contract • Public Contract—8'Street • Personnel Matters - Council Appointments. Council, Boards, Commissions, Committees,Authorities,Agencies, Task Forces and Appointees At 6:00 p.m., the City Council will reconvene into Open Session in the City Council Chamber for the purpose of certifying the Closed Session and considering the following Ordinance deferred on October 17, 2023: Ordinance to DECLARE easements in EXCESS of the City's needs and AUTHORIZE the sale of easements to Dominion Energy Virginia re Electric Transmission Corridor for the Coastal Virginia Offshore Wind Project DISTRICTS 2,5 and 6 Sincerely, Robert M. Dyer Mayor cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office COUNCILSCITY BRIEFING 2024 PROPOSED ITEM# ,89 1:03 P.M. Mayor Dyer welcomed Brent McKenzie, Legislative Affairs Liaison. Mr. McKenzie expressed his appreciation to City Councilfor their continued support: w ... The City of Virginia Beach Draft General Assembly Legislative Agenda October 10,2023 VIRGINIA �i BEACH Today's presentation 1. Today's ask 2. Legislative Agenda timeline 3. 2024 General Assembly session background information 4. City CharterAmendments 5. Virginia Code Amendments 6. Budget requests 7. General Assembly Reception 8. Questions and Guidance moving forward ii- 4 CITY COUNCIL'S BRIEFING 2024 PROPOSED LEGISLATIVE AGENDA ITEM#7489 7 (Continued) conclusionGuidance At the looking added1. Any initial guidance on issues the Council would like 2. Guidance on how you would like to move forward with a legislative reception Here is the Legislative Agenda Timeline: October 10 Present Draft Legislative Agenda October 17 Public Hearings for Legislative Agenda and potential City Charter Amendments October 24 Council provides feedback based on public input as to what they would like to see in the final agenda November 7 Election Day(No council meeting) November 14 Legislative Agenda is brought to Council for adoption November—December Legislative Agenda is communicated to Virginia Beach Delegation and bill patrons are requested October 24, 2023 CITY COUNCILS BRIEFING 2024 PROPOSED ITEM# 89 Short Term Rentals The City Council is opposed to any legislation that: C G,P • Compels localities to allow Short-Term Rentals(STRS) Short-Term Rental Rules and • Limits the ability of localities to regulate Regulations STRS --- Virginia Beach,VA • Overrides local authorityfor STR land use or planning • Limits the ability of localities to collect the appropriate taxes associated with STRS Requested by:Councilmembers Remick, MayorDyer expressed his appreciation i Mr.McKenzieforpresentation. ii2023 6 CITY COUNCILS BRIEFINGS CITY STAFF RETURN TO CAMPUS& BUILDINGS 2, 3 & 11 UPDATE ITEM#74898 1:29 P.M. Mayor Dyer welcomed L.J. Hansen, Director—Public Works. Mr. Hansen expressed his appreciation to City Council for their continued support: Status of Buildings 2, 3, 11 and Associated Employee Relocations Presented by: U Hansen,Director of Public Works October 24,2023 Public Works Agenda • The Buildings:Renovation Contract Award,Funding,Schedule • 2024 Milestones • The Buildings • Virginia Beach Police Administration Building Update • Building 3 Update • Building 11 Update • The People October 24, 2023 7 CITY COUNCILS BRIEFINGS CITY STAFF RETURN TO CAMPUS& BUILDINGS 2, 3 & I UPDATE ITEM#74898 (Continued) Here are the anticipated 2024 Milestones: 2024 Milestones Significant milestones are anticipated to occur in calendar year 2024 assuming there are no unexpected delays: • January 2024—Dedication Ceremony for the Police Administration Building • May 2024—Year 5 Remembrance Activities • Summer/Early Fall 2024—Planning and Community Development&Public Utilities to relocate from multiple off-campus locations to Building 3 • September 2024—VB Strong Center contract scheduled to conclude • TBD—May 31 Memorial Site Dedication Here is a status update on the building renovations: The Buildings • Contractor was awarded for renovations of Buildings 2, 3, and 11 on February 17, 2021 • Renovations began on Building 2 in March 2021 • Renovations began on Building 3 in August 2022 • Contract Value has increased due to change orders by 17.S2% • 15-months added to Building 2 schedule • 6.5-months added to Building 3 schedule October 24, 2023 8 CITY COUNCIL'S BRIEFINGS CITYSTAFF RETURN TO CAMPUS& BUILDINGS 2,3& Il UPDATE ITEM#74898 (Continued) The next few slides provide an overview on the progress of the Police Administration Building where Police from the I s`Precinct and the IT Data Center will be located.• Police Administration • Future home for Police Administration,the 1st Police Precinct, and the City's IT Data Center. • August 2023: IT completed relocatiol of City's Data Center • August 2023: Basement Renovation Sltarted Ft M • October/November 2023: lFurniture Installatgn Mi ri • December 2023: Anticipated Substantial Completion s • January 2024: Anticipated Substantial Completion Final Completion • December 2023—January 2024: VBPD Move-In r a a v 1f j t1 October 24, 2023 9 CITY COUNCILS BRIEFINGS CITY STAFF RETURN TO CAMPUS& BUILDINGS 2, 3 & 11 UPDATE ITEM#74898 (Continued) The next two (2)slides provide an overview on the progress of Building 3 where Public Utilities and Planning& Community Development will be located: Building 3 (Previously Building 1/City Hall) • Future home for Public Utilities and Planning&Community Development • August 2022 Building renovation began • July 2024 Substantial completion is anticipated • August 2024 Final completion is anticipated -7;� { October 24, 2023 10 CITY COUNCILS BRIEFINGS CITYSTAFF RETURN TO CAMPUS& BUILDINGS 2, 3& 11 UPDATE ITEM#74898 (Continued) Building 11 will be the new location for Public Works and portions ofIT.- Building 11 (Currently where Police Administration is Housed) • Future Nome for Public Works and portions of Information Technology • February 2025:Anticipated Substantial Completion • March 2025:Anticipated Final Completion `" s w • April/May 2025: Anticipated Move-in P xw The next three(3)slides provide People—Stakeholder Engagement: The People — Stakeholder Engagement • Relocating within the Municipal Center complex: • Virginia Beach Police Department Administration and Precinct 1 • Returning to the Municipal Center complex: • • Information Technology • Planning&Community Development • Public Utilities • Public Works • Over 450 employees involved,including approximately 250 of our May 31 Survivors and First Responders(does not reflect those who switched departments since) October 24, 2023 11 CITY COUNCIL'S BRIEFINGS CITY STAFF RETURN TO CAMPUS& BUILDINGS 2, 3 & 11 UPDATE ITEM#74898 (Continued) The People — Integration Support Team The Integration Support Team(IST)was formed to support those members relocating to Buildings 3 and 11 and ensure that they are: • Informed of all available relocation options • Aware of all safety and security measures in place • Feel secure in their new space • Provided ample time to process with mental health professionals • Offered the skills and tools to recognize escalation in themselves and others To be accomplished by executing an action plan that addresses building tours, surveys,townhall meetings, process groups,the creation of a training curriculum and move-in planning. Integration Support Team (cont.) The IST consists of: • City staff from 12 City Departments • Support, Mental Health Professionals,and Social Workers from the VB Strong Center in Partnership with Sentara • Support from The Commonwealth's Office for Victims of Crimes (OVC) Everything the IST does will be in consultation with members formerly housed in Building 2. October 24, 2023 12 CITY COUNCILS BRIEFINGS CITY STAFF RETURN TO CAMPUS& BUILDINGS 2, 3 & 11 UPDATE ITEM#74898 (Continued) Thank You & Questions Mayor Dyer expressed his appreciation to Mr. Hansen for the presentation. October 24, 2023 13 CITY COUNCIL'S BRIEFINGS DISTRICT IDENTITIES COMMUNITY ENGA GEMENT EFFORT— FOCUSED ACTION PLAN ITEM 3.I0 ITEM#74899 1:41 P.M. Mayor Dyer welcomed Tiffany Russell,Director—Communications and Emily Labows,Director—Cultural Affairs. Ms. Russell expressed her appreciation to City Council for their continued support: FY24-25 FOCUSED ACTION PLAN : Develop Council District Identities Emily Labows,Cultural Affairs Director&Tiffany Russell,Communications Director October 24,2023 ASSIGNMENT �. y r 3.10 Conduct a community engagement — effort to develop district identities for the 10 new Council districts Measures of Progress&Success: Your sense of attachment to,and pride in, your neighborhood and community,by district D6TRKT-NOL IDfNT-5-NNING October 24, 2023 14 CITY COUNCIL'S BRIEFINGS DISTRICT IDENTITIES COMMUNITY ENGAGEMENT EFFORT- FOCUSED ACTION PLAN ITEM 3.10 ITEM#74899 (Continued) The next two (2)slides provide feedbackfrom the 2022 Residential Satisfaction Survey: Community Pride In Your Neighborhood&Community-Overall&District Results o „m,a,rz.mm rm.,awm.n row ea. ,m ro 40 14% wnmorcq 12.Please rate Virainia Beach oo the tolbwin asoe4ts.IwMhout'bnY anow'1 N-1205 Di W Total District 1 District 2 D'atritt; District 4 District 5 District 6 District 7 District 8 Drstrkt 9 District 30 Q12.9.Your sense of attachment to&pride in your-ghborhood&community E-c 11-t 270% 38.9% 294% 281% 350% 40.7% 214% 41.1% 33.9% 25.0% 32.6% Good 55.6% 47.4% 510% 46.9% 40.9% 43.9% 54.5% 47.0% 47.5% $2.0% 48.4% Neutral 11.1% 11.2% 14.7% 16.7% 20.4% 12.2% 19.8% 9.9% 11.0% 1G0% 14.3% R.^.-average 4.0% 0.9% 39% 51% 2 2% 2.4% 3.6% 2.0% 3.4% 5A% 3 1% Poo, 2.4% 1.7% 1.0% 31% 1.5% 0.9% 1.9% 0.0% 4.2% 20% 1.8% Source 2022 Resident Se,,Ndlon Survey DISTRI-NCRInENTITIES-NNING 13 SITUATIONAL AWARENESS NB3 a Prior to 10-1 election system,districts were named;now we g 22 VIRGINIA have new boundaries that do not necessarily align with our city BEACH geography;at least 13 neighborhoods have two districts RESIDENT SURVEY e In the Election System survey,while 93%of respondents know we have a 10-1 system,22%reported they did not know their district number;UVA recommended ongoing education e Voting ballots will NOT use district names,only district numbers;therefore,using both"district name+number" moving forward could help drive stronger district number recall NB4 e 2024 Resident Survey to be conducted late fall 2024 with results available in January 2025 to measure community pride October 24, 2023 15 CITY COUNCILS BRIEFINGS DISTRICT IDENTITIES COMMUNITY ENGA GEMENT EFFORT— FOCUSED ACTION PLAN ITEM 3.10 ITEM#74899 (Continued) Ms. Russell turned the presentation over to Ms. Labows. The next couple of slides provide the public engagement goals: GOA@ ' -' r .sus.. J G � � Drive public participation Engage residents through a Improve"neutral" across all districts at the meaningful arts,heritage and community pride rankings right time—let's not cultural experience that & compete against ourselves strengthens communities 2014 Engagement: & Improve recall of district number Comp Plan Develop a final design of the 10 Master Transportation Plan district elements that come together to create a singular FY25 budget designicohesive look or pattern, Possible parks referendum reflecting the entire city mnNlcr coueauo6Nnn6s vuervwc s .� IAI PIWILIC PAKFICMWM SMCVM 1M YPi IaoaaN+ti DeeiaaeD nc Sxwv^.nD C'ausw ro Dave%rde n."Drat DID—.access Tro rwt mso-rr.a aah r..ao-awr vacs 11101r dO�RLT k P.>+ae tie wssc To aC�n acb In.CO�Iuvoea va feeRricasr'Ijan. ` oq�ctia e7gm��m MmiO.as atYa b idet tlYn'n Oed�r6. ONOMT,s14MB.M, WpCltVs!6s 6tYYV s�.,tars l4e w'ImaD 1W Nie x�Wp)u.' .. n r MO'�'2C wd sotl.fltBn b N v. W P tMBppe t8. abpafLS. O���au6tis.MC zck GG I—PA* A* IX -1Ra1E0 ¢+plt�4,erCetlh O.fOrpffe OaDRfft Nb sS�7eBBlt Y Mbo:.F t0�Ew 0.PtBBObftltM �R WLb Yf]pOpOBW. DST.IR COUNM L—TITIES%ANN ING 6 w October 24, 2023 16 CITY COUNCILS BRIEFINGS DISTRICT IDENTITIES COMMUNITY ENGAGEMENT EFFORT— FOCUSED ACTION PLAN ITEM 3.10 ITEM#74899 (Continued) This slide provides an overview of the four(4) Campaign Components: OVERALL IDEA & KEY FACILITATOR Campaign Components. N • EDUCATE:Provide residents close-up district boundary map,district's overview article and list of City assets within each district in partnership with Library Municipal Reference team;direct mail opportunity? • PARTICIPATE: 1. Three in-person"community design chari•--tings facilitated by City Architect &Placemaking Expert Darryl Henderson MC1 What inspires you or makes you proud about your neighborhood and surroundings in your district?(food,architecture,art,culture,natural assets,history,etc.) • If someone is moving from out of the area to Virginia Beach,why do you tell them to pick your neighborhood? • Suggestions for your district name? 2. Provide neighborhoods toolkit to conduct resident engagement independently and provide Phase 1:Educate recommendation to Council. Phase 2:Brainstorm/Input 3. Online survey participation via SpeakUpVB.com via online,text or hard-copy.Google- Phase 3:Decide translated surveys available in addition to providing comments via email or voicemail. Phase 4:Celebrate DISTRICT COUNCIL IDENTITIES PLANN ING T [1�•�1�� INSPIRATION BOARD II .T A �� rl �~ tit =t �inlMl►rririm -, dah y� r � A loo War. 7 DISTRICTCOUNCILIDENTmES PLANNING !E October 24, 2023 17 CITY COUNCIL'S BRIEFINGS DISTRICT IDENTITIES COMMUNITY ENGAGEMENT EFFORT— FOCUSED ACTION PLAN ITEM 3.10 ITEM#74899 (Continued) Ms. Labows turned the presentation over to Ms. Russell. Here are some ideas to uniquely identify each of the ten (1)Districts: IDEAS TO CELEBRATE Budgeted: er All Council agenda items will include new t1 districtnamesand numbers(free) District community meeting/town hall promotional materials will incorporate new identity(free) rt I Winning ^!• Name Here District pull-up banners at meeting room entrances for communty town hall events ($2,500) Unbudgeted: 10 unique district branded parade inflatable balloons schools,groups,etc.can carry)— Neptune�estival parade,holiday parade, community events • Each balloon would have graphic icons printed on them that represent unique _ features of that district as identified in resident engagement DISTRICT COUNC E IDENTITIES VV.NNING t MCO Direct Mail:Custom Postcard with Your District Number&Translated Copy Community Pride in District 5 klr• Winning Y Name Here '�: y qE+n mem Mn9 wnat '� r you ungw RESIDENT NAME ADDRESS Design concept only. DISTRKTCOUNCIE IDENTITIES-NNING October 24, 2023 18 CITY COUNCILS BRIEFINGS DISTRICT IDENTITIES COMMUNITY ENGAGEMENT EFFORT— FOCUSED ACTION PLAN ITEM 3.10 ITEM#74899 (Continued) Here is the Council Feedback Needed: COUNCIL FEEDBACK NEEDED 1. TIMELINE:When do you want this engagement initiative to be completed within the next 24 months? 2. ADVERTISING BUDGET: 1. Would you like City staff to do direct mail with resident district number reminder,and if so, would this be an FY25 budget request item for$95,000(estimated 180,000 households)? 2. Would you like to see a paid media plan for consideration to expand awareness of initiative? 3. CELEBRATION BUDGET:Do you like the district parade balloon idea,and if so,would this be an FY25 budget request item(approx.$1,500/ea.=$15,000)? 4. ADDITIONAL ENGAGEMENT IDEAS: 1. Would you like to invite neighborhood leaders to lead this initiative(like a task force)and provide you with a recommendation? 2. Would you like to solicit input through an online survey with printed version option? DISTRICT COUNCIL IDENTITIES C TANNING 11a, Mayor Dyer expressed his appreciation to Ms. Russell and Ms. Labows for the presentation. October 24, 2023 I CITY MANA i BRIEFING PENDING PLANNING ITEM r00 Mayor Kaiden Alcock,Planning '/ / Ir. Ms.Alcock expressed her appreciation City Councilfor their continuedsupport: s November 14th&21St City Council There are twelvePlanning '/ '/ I • /' SUMMARY — November 14tn 12 Planning Items Scheduled for City Council's ConsiderationR�G� 1. Whitney W.Elliott,Matthew E.Mancoll&Robin A.Mancoll- �*��1a District 6 �`1 w • Street Closure • Rewmmended for Approval by Planning Commission &Staff 2.Bonney Bright Sand Co-District 2 • Modification of Conditions • Recommended for Approval by Planning Commission&Staff 3. Evergreen Virginia,LLC-District 3 • Modification of Conditions • Recommended for Approval by Planning Commission&Staff 4&5.Bumette Baum Development Corporation-District 4 • Modification of Proffers&Conditional Use Permit(Car Wash Facility) • Recommended for Approval by Planning Commission&Staff October I CITY MA NA GER'S BRIEFING PENDING PLANNING ITEMS ITEM r// SUMMARY — November 14tn 12 Planning Items Scheduled for City Council's Consideration 6. Excel Fttness VA 9,LLC dba Planet Fitness-District 5 • Condkional Use Permit(Indoor Recreational Facility) • Recommended for Approval by Planning Commission& Staff 7-10.The FouMsln,LLC-Dtstrlct 6 • Cond(tlonal Use Perm(ts(Short Term Remals) • Remmmended for Approval by Planning Commission& Staff 11. Ashley Guller-Dlsbltt5 • Condkional Use Pernik(Short Term Rental) • Recommended for Approval by Planning Commission& Staff 12. Trad R.McGlynn&Michael L McGlynn-DisMR 6 • Condkional Use Permit(Short Term Rental) • Recommended for Approval by Planning Commisson& Staff WHITNEY W. ELLIOTT, MATTHEW E. MANCOLL & �;��.: ROBIN A. MANCOLL 1 City Council:District 6 Location:50'by 15'portion of an unimproved alley between Lot 21&Lot 12,Block 11 Ubermeer Subdivision STREET CLOSURE Staff recommends ADDroval �''�� Planning Commission voted Si � 4 �+� October 21 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#74900 (Continued) ROLRc[re�.P,Rq 1+'OS LOT20 LOT I! 9 i� a 1 BLOCK 1, GPIN 2415.9.7940 F.�e GPIN.BOCK7017004_6 2 } ® BLOCK II tea. BLocK11 PP WW.., ( ER BERMEEERISM $a �'c Yin Zoo S 08'56W E (M BE77.VE 150) a 1500, r b - S 08'58'O(r W 127.5B s-.uFRI 127 ' W UNITA J LOT2/ 3 �- LOT l2 1, o `5qg. GPIN 2ne-f96699 a a GPIN 7419.708052 UNIT PROPERTY O7 gP 1 ,ATOF 21R 5R1X$TPEET ='S."}k,w, o MATTHEWE MANCOI I.AND �$ • ACONOOMINKIM 8 ti YI0 .Z ROBIN A MANCOLL IINST R2017C5930L03W110) 7.6 um.4, E (INST M20201009W09 230) N08'56V0'W 12750' iT Isi °IWR wTw.— 12750' A I"'S PROPERTY OF N 08°56W W /< N O8.56'00'W Y, WHITNEY W ELLpTT �pc�g' Y (IN$T/10210=7283) LOTIj1800Y e.xnEn oEtx GPIN 241&796848 11' GPIN'2A1470.6 1 9W` rnAM wO Hrc� BLOCK II CONDOMINIUM PLAT OF USERMEER h 221 A 8 B. STREET LEGEND M B.221 P.tI $V 2 II• Vttly1�lI xA raun (M.B.7,P.t50 _ie«nncF ( 8w 6PINT�) ^'np �Q.—:. �`cr,`amc x°` cPIN�t4iasoso Rg ;e'r: J n LOT 23 E v+[RM'n MYax BLOCK II GPIN.2418-79M 17 t1EG eH'1Ac UBERMEER x g> CONDOMINIUM PUT OF ®140=1,�W9 W PI Tu(M.e 7,P.150)x-.- ,ga '`�j 223 8 225 54TH STREET ®TOiABCRiCi VluRf�irl K@ bg IINST t2W502230028929) STREET CLOSURE EXHIBIT 66 IWIJ.Y AVENUE PORTION OF 15 ALLEY(A PUBLIC RMn (WPIreL/C RIGHTOF WAY) TO BE CLOSED ADJACENT TO N a T P tROI 01NMPROYtiD ROAD) 5 1T October 24, 2023 22 CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS '// BONNEY BRIGHT SAND CO. � r�' City Council:District 2 2 Location:200 Princess Anne Road MODIFICATION OF CONDITIONS Staff recommends Approval Planning Commission voted ilto 0, recommend Approval I EL • Modification of Conditions to expand the excavation area by adding 13.9 acres to the CUP i /� Sand excavation operations i ongoing onsite since the 1970's �' � Previous Modifications approved �? � to add additional land and to extend the reclamation of the pit to 2030 • Operating without incident and in compliance with State regulations 31w,I1 BRIGHT SA 01 CO.I B VB October 23 CITY AM NA GER'S BRIEFING PENDING PLANNING ITEMS ITEM# 'I/ e. Ul • No impacts to drinking water wells or salt intrusion into the aquifer • Hours of operation:7:00 a.m.to 7:00 p.m.,Monday—Saturday;No operations on Sundays • No known opposition BONNCY BRIGII7 SAND CO.�9 �-'%I EVERGREEN VIRGINIA, LLC ITEM City Council:District 3 Location:240&248 N.Lynnhaven Road&2865&2893 Virginia Beach Boulevard .r MODIFICATION OF CONDITIONS Staff recommends Approval Planning Commission voted 11 to 0 to recommend Approval 10 •_ October 2023 24 CITY MA NA GER'S BRIEFING PENDING PLANNING ITEMS ITEM r// I1 • Modification of Conditions to amend the °��• u� conceptual site layout,landscape plan,and I , � building elevations f Modification request includes: I •Demolition of the existing showroom and • ,� buildings on the western portion of the property •Construction of a new 31,490 SF showroom `c •Relocating the entrance on Yorktown 'e� , Avenue to the south °o,� � •Additional landscaping proposed for the existing landscape buffers •Incorporating plazas at the corners of[he site along Virginia Beach Boulevard • Parking requirement exceeded by 18 spaces EVERGREEN VINGI NIA,LLC 111 VQ I. h4' v+r; • Proposed exterior materials include aluminum-coated steel and glass;30 feet in height at the tallest point • 12-foot freestanding monument sign proposed along Virginia Beach Boulevard • Hours of Operation: • Sales:9:00 a.m.to 7:00 p.m.,Monday—Friday;9:00 a.m.to 7:00 p.m.on Saturdays • Service&Parts:7:00 a.m.to 6:00 p.m.,Monday-Friday • No known opposition EVERGREEN VIRGI NIA,LLC 112 VB October BURNETTE BAUM DEVELOPMENT CORP ITFMS City Council:District 4 4 & 5 Location:5453 Wesleyan Drive h - I JI MODIFICATION OF PROFFERS &CONDITIONAL USE PERMIT(Car Wash Facility) Staff recommends Approval Planning Commission voted 1110 0 to recommend Approval 13 fAA • Request for a Modification of Proffers&Conditional Proposed 2,200 square-foot facility to be a single-tunnel, Use Permit for a Car Wash Facility automated car wash • Existing proffers prohibit Car Wash Facilities 8 vacuum stations proposed;3 parking spaces provided • Existing proffers include proffered site layout BURNETTE BAUM DEVELOPMENT CORPORATION 114 KB 26 CITY MA NA GER'S BRIEFING PENDING PLANNING ITEMS ITEM# '// Coral Wavr Ill? • Exterior materials to be red brick and neutral EIFS Hours of Operation:7:30 a.m.to 7:00 p.m.,daily to match the Wesleyan Shopping Center No adverse traffic impacts anticipated • Monument-style sign proposed along Wesleyan No known opposition Drive ��p BURNETTE BAUM DEVELOPMENT CORPORATION i 15 ti!4r EXCEL FITNESS VA 9, LLC DBA PLANET FITNESS IT�E`M City Council:District 5 6 Location:2336 Elson Green Avenue V II CONDITIONAL USE PERMIT(Indoor Recreational Facility► Staff recommends Approval Planning Commission v0t to recommend Approval October 27 CITY MA NA GER'S BRIEFING PENDING , PLANNING f// • Conditional Use Permit for a 22,450squarefootlndoor Recreational Facility within an existing shopping center • Will utilize a portion of the first floor •,�aia_)t31�t� I and the entire second floor i • Typical Hours of Operation: • 5:00 a.m.Monday morning until 9:00 p.m.Friday evening �`r �i 7:00 a.m.to 7:00 p.m.Saturday • 20 employees are anticipated EXCEL FITNESS VA 9,LLC DBA PLANET fITNE55 11� VB - pp #*planetfitness • Proposed sign exceeds maximum square footage No other exterior changes proposed allowed by the Ordinance;64 SF allowed,124 SF proposed Parking on-site exceeds the minimum by 4g spaces • Board of Zoning Appeals Variance will be required far No known opposition the sign as proposed EXCEL FITNESS VA 9,LLC DBA PLANET FITNESS 118 VB October 2023 28 CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM# 'll THE FOUNTAIN, LLC ITEMS El El City Council:District 6 7 1 O Location:307 34"'Street CONDITIONAL USE PERMITS (Short Term Rentals) Staff recommends Approval Planning Commission voted 11 to 0 to recommend Approval IIIIII, • Existing dwelling on site to be demolished Each proposed unit will contain 3 bedrooms • Site plan recently approved for the construction of a Applicant requesting a CUP for aShort-Term Rental in each quadplex unit THC FOUNTAIN,LLC 20 VB October 29 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#74 900 (Continued) (10)PARKING SPACES ON SITE (INCLUDES TWO .••* GARAGE SPOTS) AAA k III a ` iti` y a 2 October 24, 2023 30 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#74900 (Continued) e 78TH 9T ,..�NKFWRH pR.- 9TTH HPIF ST N 7�H HATS 5 �44 Z T O 7gTH`'T fi I p � O 6yOOOR �� 77H�ST L O m �pSKtN RO `F 5T Snort Term Rentals 1 Location:921 Pacific Avenue,Unit B City Council:District 5 1 '+ CONDITIONAL Staff recommends Apkroval Planning Commission voted end Approval 24 October 24, 2023 31 CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM 'I/ _ One-bedroom unit within the Pacific Place Condominiums One assigned space in the parking to' requireme • Notice of Violation sent in May 2023 for operation of an STR without a CUP ,�„ CUP submitted in July 2023 • Applicant has ceased STR operations and is currently in compliance ASMLEV GULLERI25 VB k Tom. x • One off-street parking space required No known opposition ASHLEV GULLER 126 VB obe2023 32 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#74900 (Continued) n yG P� +� � L= �G T Q. �1t HSt O PRE OR W r/WEwOOD.DR 2 _ NORFOLK AVE _ §t\{St' 9TNSt m g1H 51 1 . Pi BEY � )E1J`W PRE PV E- 'ItHs1,� V\RG\N\P PVE 6tH5T PVE Short Term Rental G PROL\NP POtNt PVE P"Ect •5)n vermnsl)9) TRACI R. City Council:District 6 12 Location:S23 2211 Street m^o � o CONDITIONAL USE PERMIT(Short Planning Commission voted 11 to Staff recommends Approval to recommend wal October 24, 2023 33 CITY MANA GER'S BRIEFING PENDING PLAAWING ITEMS ITEM# 'I/ • 4-bedroom unit �� Dwelling previously utilized as an STR;last known � rental was September 2023 � � Applicant has ceased STR operations and is I currently in compliance TRACT R.MCGLVNN&MICHAEL L.MCGLYNN 129 VS s" Total of 4 parking spaces required;2 „r provided onsite • 2 offsite spaces to be leased from the 25m Street Garage TRACT R.MCGLYNN&MICHAEL L MCGLYNN 130 VB October 2023 34 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#74900 (Continued) rr y { 26SH St H HP�F St , 1 C1 1 O 24TH 5t ➢m. <-:- ➢t^ 2'��St x _ ``i-, 22Np HP�F 22NO HPLF 51 N5T _..�� �, ,-� ��� ➢� 20t F 9t 20SH m m 1��DDDC Hsl ,�t 1��BTH October 24, 2023 35 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM 9/I There is one (1)Planning Item •dNovember SUMMARY - November 215t 1 Planning Items Scheduled for City Council's Consideration 1.1Nycliffe Presbyterian Church—District 8 • Modification of Conditions(Religious Use) • Recommended for Approval by Staff and Denial by Planning Commission 33 �Ju WYCLIFFE PRESBYTERIAN CHURCH ITEM City Council:District 8 1 Location:1445 North Great Neck Road,2307 Millwood Road,parcel between 2307&2309 Millwood Road MODIFICATION OF CONDITIONS(Religious Use) Staff recommends Approval Planning Commission vote4 to recommend Denial �. 36 CITY AMNA GER'S BRIEFING PENDING PLANNING ITEMS 'll -.t. Wu Parcel 8-2-A-1 Church Property Property to Remain Removed from CUP L rr- At • Requesting a Modification of Conditions of a Conditional Use Permlt for a Religious Use approved by City Council on August 3,1966 • Church has existed on the existing three parcels since the 1960's • Subsequent modifications approved in 1988 and 2000 for a childcare education center and church addition WYCUFFE PRFSBVTERIAN CHURCHI 35 VB 0000.��aa - — Requesting to reduce the boundary gym© of the church by approximately 3.88-acres • 4.13 acres of the property will - remain under the church's ownership • Property will continue to exceed the 3-acre minimum lot area requirement for Religious Uses,per Section 240.1 of the Zoning • 18 speakers spoke in opposition at Planning Commission,36 letters of opposition _ Concern with development on the ..Yproperty to be sold including potential environmental impacts WVCLIFFE PRE68YiERIAN CHURCH 136 VB Mayor appreciation / Ms.Alcockforpresentation. October 37 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#74901 2:32 P.M. Council Member Berlucchi expressed his concern of illegal Short Term Rentals(STR)currently operating in District 3, advising they are nuisance and have a negative impact on communities. Council Member Berlucchi advised one of the challenges in getting STR operators to comply is the situations where operators would rather pay the fine and continue renting then follow the rules to become compliant. Council Member Berlucchi provided an example of one STR operator who has been fined three (3) times and continues to operate after paying the fines. Council Member Berlucchi asked for information on how to request the state to authorize localities stricter enforcement,particularly repeat offenders. City Attorney Stiles advised his office is in the process of filing a preliminary injunction with the Court for a STR operator who has made a business decision to continue operating illegally. City Attorney Stiles advised once the injunction is filed, harsher penalties can be implemented if the STR operator continues. Council Member Berlucchi asked if the injunction is sufficient, or should a case be made for additional enforcement tools? City Attorney Stiles advised there should be a balance between penalties and the amount of harm being done to the community which would first be a City Council action and then request the General Assembly provide additional enforcement measures. City Attorney Stiles advised in the past when the General Assembly has been asked to increase fines, there has been a lot of push back. City Attorney Stiles believes the enforcement tool the City has will work but it does take time and understands it can be frustratingfor the surrounding neighbors. Council Member Berlucchi advised in the example he gave, it has been nearly a year and believes it should be looked at and how to reasonably add enforcement tools. City Manager Duhaney asked if the Body is requesting staff to research enforcement tools to be included in the Legislative Package? Council Member Remick advised there are a lot of illegal STR's in his District and has heard there are between two (2) and three (3) thousand STR's advertised in the City but only 200- 300 hundred that are legally registered. Council Member Remick advised there are a couple of issues, the actual numbers of legal and illegal STR's needs to be known, enforcement measures and what the cost of running the STR program is. Council Member Remick believes the Body will be receiving a briefing on this topic in December. Council Member Henley advised a lot of time was put into the STR regulations when it was being considered and it was important to only put regulations in place that could be enforced. Council Member Henley asked how many inspectors there are? City Manager Duhaney advised there are three (3) inspectors. City Manager Duhaney advised it is important to understand the City can initiate enforcement, but the court has to follow through on the October 24, 2023 38 CITY COUNCIL DISCUSSION/INITLITIVES/COMMENTS ITEM#74901 (Continued) adjudication of the penalties. City Manager Duhaney advised City staff is doing all that they can, but it ultimately depends on the court to rule. Mayor Dyer advised it is unfair to the ones who are operating legally and following the rules and asked if the Body had any objections to having staff research options with stricter penalties to be included in the Legislative Package? City Attorney Stiles believes the process is getting better and advised he is unaware of many cases like the one Council Member Berlucchi used as an example. City Attorney Stiles advised previously, there were conversations to request higher penalty fines from the General Assembly and that request would be the most straightforward request to make. City Attorney Stiles cautioned how the Body views the penalties and injustices involving illegal STR cases may be different then how judges and state legislators look at it, as they are also making decisions on armed robbery, domestic and murder cases. City Attorney Stiles advised the request to increase fines can certainly be made if that is what the Body would like to do. Council Member Berlucchi asked if the request for higher fines is made, will the City or the judge have jurisdiction to determine what the fine would be? City Attorney Stiles advised if the request for higher fines was made, the Ordinance would specify what the maximum amount is for each penalty and the court would have discretion on ordering the amount. City Attorney Stiles advised the City Code currently has increasing penalties for subsequent violations now where it will go from the civil court to the criminal court where an injunction is ordered, but the issue is the amount of time it takes to go through each process. Upon consensus of the Body,Mayor Dyer directed City Manager Duhaney to research options with stricter penalties to be considered for inclusion in the Legislative Package. October 24, 2023 39 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#74902 (Continued) Council Member Ross-Hammond provided the following remarks: - Council Member Ross-Hammond attended the 674 Annual Boardwalk Art Show with 128 exhibits and congratulated Gary Ryan and her staff from MOCA on a successful show. - Council Member Ross-Hammond attended the PPEA's Betty F. Williams/Bayside meeting last night and discussed the various shared spaces that will be incorporated for each school. For additional information,go to www.vbschoolsoftheLuture.com. - Council Member Ross-Hammond advised during the Something in the Water Festival the NBA committed to fully funding and refurbishing the Virginia African American Cultural Center's (MA CC) basketball courts and unveiled the rendering at the "For the Culture" fall festival. - On October 28`h,from 1:30—3:30 P.M., the Bethel Baptist Church will have many of the "Fearless 38" in attendance to share their stories of being the first African Americans integrated into Woodstock Elementary and Kempsville Junior High School. October 24, 2023 40 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#74903 (Continued) Council Member Wooten advised she attended the Asian-American and Law Enforcement Town Hall at the Chrysler Museum, led by Patula Moy—Founder and President of the Asian-American Alliance, to discuss hate crimes. Council Member Wooten advised it was very informative with Deputy Chief Reo, and the Police Chief's from Hampton and Newport News, who provided information on the rise of hate crimes across the country, how to identify those crimes,prosecution and the impact the crimes are having. October 24, 2023 41 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#74903 (Continued) Council Member Wooten advised she attended the Atlantic Shores Church this past Sunday and learned Pastor Jones will be hosting a night of prayer for Israel on October 30`h at 7:00 P.M. and City Council is invited to attend. October 24, 2023 42 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#74904 (Continued) Council Member Wooten advised she is looking forward to the Festival for youth at the Level Green Park this Saturday from 2:00— 6:00 P.M. Council Member Wooten expressed her appreciation to Antidote Agency,Positive Vibes Radio and the community for all of their support for this event which will be a fusion of community and culture with a focus on youth. Council Member Wooten added there will also be free food and activities. October 24, 2023 43 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#74905 (Continued) Council Member Taylor advised last May he met Coach Melissa from Coastal Virginia Community Rowing (CVCR) who provided a demonstration and took him rowing. Council Member Taylor advised the CVCR has partnered with the schools to get students and disadvantaged youth involved in the sport. Council Member Taylor congratulated the men's varsity and the mixed varsity teams from the Princess Anne Crew Club who each won first place awards. I October 24, 2023 44 CITY COUNCIL DISCUSSION/INITL91IVES/COMMENTS ITEM#74906 (Continued) Council Member Rouse recognized Council Member Ross-Hammond and as the founder of the VAACC and expressed her appreciation for hosting the "For the Culture"fall festival last Saturday at Virginia Wesleyan. Council Member Rouse commended Council Member Ross-Hammond for being awarded the inaugural "Amelia Ross-Hammond Trailblazer"award for her work in preserving African American history and art. October 24, 2023 45 CITY COUNCIL DISCUSSIONANITL4TIVES/COMMENTS ITEM#74907 (Continued) Council Member Rouse advised yesterday the Virginia Beach City Public Schools, in partnership with BayPort Credit Union, celebrated the grand opening of ATC's Renewable Energy Program hosted at Tidewater Community College. Council Member Rouse expressed howfascinating it was to seethe students giving demonstrations on the ways to create renewable energy. October 24, 2023 46 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74908 (Continued) Council Member Rouse advised on October 26`h,from 2:00—6:00 P.M., the Boys and Girls Club of Southeast Virginia, located off of Rosemont Road, will host the "Lights On After School"event. Council Member Rouse advised they will provide information on available after school programming, homework assistance and ways youth can engage in activities in the community. October 24, 2023 47 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#74909 (Continued) Council Member Remick provided the following comments: - Congratulated Council Member Ross-Hammond on her award. - Congratulated MOCA on hosting the 67`h Annual Boardwalk Art Show perfectly, adding the Art show is older than the City and continues to thrive. - On Saturday J&A Racing will host the Wicked Sk Race at the Oceanfront. October 24, 2023 48 ITEM#74910 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: PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the publ is body pursuant to Section 2.2-3711(A)(29) • ESM Contract • Something in the Water • Lifeguard Contract • 8`h Street SECURITYMATTERS:Discussion ofplans to protectpublic safety as it relates to terrorist activity or specific security 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). • Housing Resource Center 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 2.2-371](A)(]) • Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees • Performance of Council Appointees October 24, 2023 49 ITEM#74910 (Continued) Upon motion by Council Member Rouse, seconded by Council Member Berlucchi, City Council voted to proceed into CLOSED SESSION at 3:14 P.M. Voting: 10- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Break 3:14 P.M. —3:21 P.M. Closed Session 3:21 P.M. —5:22 P.M. Break 5:22 P.M. —6:00 P.M. October 24, 2023 50 CERTIFICATION ITEM#74911 Mayor Dyer RECONVENED the Special Formal Session in the City Council Chamber at 6:00 P.M.. Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson—left at the conclusion of the Closed Session October 24, 2023 G�NIA'$ c 04 . U is •s / _ h e S l UR OUR Nit\ON RESOL UTION 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#74910 on Page 49 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE ITRESOL VED: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. A nda Barn s, M City Clerk October 24, 2023 51 VIILI ITEM#74912 Upon motion by Council Member Berlucchi,seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance to DECLARE easements in EXCESS of the City's needs and AUTHORIZE the sale of easements to Dominion Energy Virginia re Electric Transmission Corridor for the Coastal Virginia Offshore Wind Project DISTRICTS 21 5 and 6(Deferred on October 17, 2023) Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson October 24, 2023 1 AN ORDINANCE 1) DECLARING EASEMENTS IN 2 EXCESS OF THE CITY'S NEEDS AND 2) 3 AUTHORIZING THE SALE OF THE EASEMENTS 4 TO DOMINION ENERGY VIRGINIA FOR AN 5 ELECTRIC TRANSMISSION CORRIDOR FOR THE 6 COASTAL VIRGINIA OFFSHORE WIND PROJECT 7 8 WHEREAS, Virginia Electric and Power Company, a Virginia public service 9 corporation, d/b/a Dominion Energy Virginia ("Dominion") is an electric utility company 10 that is constructing the Coastal Virginia Offshore Wind ("CVOW") project to diversify its 11 energy supply and advance the clean energy goals of the Commonwealth of Virginia; 12 13 WHEREAS, the CVOW project includes developing a 176-turbine wind farm 14 approximately 27 miles off the coast of the City of Virginia Beach (the "City") and 15 running electric transmission cables approximately 13 miles from its landing location 16 south of Croatan Beach to the Fentress substation in Chesapeake; 17 18 WHEREAS, Dominion proposes to run underground cables from the landing 19 location through property operated by the Virginia Aquarium, and overhead cables from 20 Harpers Road through City-owned property and public rights-of-way for approximately 9 21 miles to the border of Chesapeake (the "Proposed Easement Corridor"), most of which 22 follows the alignment of the former Southeastern Parkway and Greenbelt; 23 24 WHEREAS, Dominion has requested easements (collectively, the 25 "Easements") across 25 City-owned parcels for the construction, maintenance, and 26 operation of underground and overhead cables and related facilities within the Proposed 27 Easement Corridor; 28 29 WHEREAS, the City would retain the right to maintain its existing public 30 facilities, infrastructure and uses located within the Proposed Easement Corridor and 31 the public's access to and use of public areas would not be affected once construction 32 of the CVOW project is complete; 33 34 WHEREAS, the location of the proposed Easements is shown on the aerial 35 images attached hereto as Exhibit A, and the terms and conditions of the sale of the 36 Easements are set forth on the Summary of Terms, attached hereto as Exhibit B; and 37 38 WHEREAS, the Easements would enable Dominion to construct its CVOW 39 project, which would benefit the City and its citizens by enhancing federal and state 40 clean energy initiatives. 41 42 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 43 Beach, Virginia: 44 45 1 . That the Easements contemplated herein are hereby declared to be in 46 excess of the needs of the City of Virginia Beach. 47 2. That the City Manager, or his designee, is hereby authorized to execute 48 any and all documents necessary to convey the Easements to Dominion, so long as the 49 documents are substantially in accordance with the terms set forth on the Summary of 50 Terms, attached hereto as Exhibit B, and incorporated herein, and such other terms, 51 conditions or modifications as may be acceptable to the City Manager and in a form 52 deemed satisfactory by the City Attorney. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day 55 of O c t oh e r , 2023. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: �AA 't e P lic Works / al Estate CA 16 43 \\vbgov.com\dfs 1\applications\ ' aw\cycom32\wpdocs\d014\p047\00912773.doc R-1 September 22, 2023 a,.. "•l s.w Jok 40 010 ' JP JEp 19 40' .. ti OP p9 �0 RI Xs JEP a EXHIBIT i- ;HOWING VIRGINIA ,� '` CITY OF VIRGINIA BECH t Mv�pIPB PRO CEP se PROP. 140 • co 170 4 00 EXHIBIT DRAWING SHOWING PROPOSED VEPCO RIW PARCELS; C17Y OF VIRGINIA BEACH VIRGINIA =� A " ♦ ��.,., ' EXHIBIT A LO v� i a i t r pow m o p LO Page 3 of 7 pMd +I•" n + I L h 4 E' ry _ gym IL 84 �# g B B PROP. 105' VEPCO R/W B 11 y PROP. VARIABLE WIDTH • PROP VgR1AB Raw VEPCO R/W VEPCO W1DTN B 1 • ~ tIt • �� Jv ,. EXHIBIT DRAWING CITY OF VIRGINIA BECH VIRGINIA r or a t i ' t o t . Ir t 4F�r a �F a O 7 c- � cvpn low ;r tA'iI k r 14 O L s +fbo Cl c4_ •.8- 011111111 bbb • �''J HI • • , EXHIBIT A oil 'I +.. � . : oo § ( R . � kk\ k �k \ E Page 7«7 EXHIBIT B SUMMARY OF TERMS GRANTOR: City of Virginia Beach ("City") GRANTEE: Virginia Electric and Power Company, a Virginia public service corporation, d/b/a Dominion Energy Virginia ("Dominion") APPROXIMATE LOCATION OF PROPOSED EASEMENTS: Portions of GPIN: 2416-98-7653 (717 General Booth Blvd.) GPIN: 2416-67-8078 GPIN: 1474-70-1578 GPIN: 1484-01-1944 GPIN: 1484-35-3250 (4153 Dam Neck Rd.) GPIN: 1484-55-0572 GPIN: 1484-76-2033 (4001 Dam Neck Rd.) GPIN: 1484-86-9245 (2068 Landstown Centre Way) GPIN: 1484-97-5796 (2020 Landstown Centre Way) GPIN: 1494-28-0615 (2061 Chicory St.) GPIN: 1494-38-5862 (2052 Aloma Dr.) GPIN: 1494-48-2858 GPIN: 1494-48-7861 GPIN: 1494-49-7063 GPIN: 1494-49-6180 (3017 Damascus Tr.) GPIN: 1494-59-0172 GPIN: 1494-59-6008 GPIN: 1494-59-9001 (2728 Holland Rd.) GPIN: 1494-68-2973 GPIN: 1494-69-9058 (1952 Maple Shade Dr.) GPIN: 1494-88-2889 GPIN: 1494-99-7202 GPIN: 2404-39-1492 GPIN: 2405-51-8502 For a total acreage of: 63.190 +/- acres The locations and width of the proposed easements will be substantially in conformance with the depiction shown on the aerial images in Exhibit A. Final location and description of the proposed easements will be on plats recorded with the easement documents. PURPOSE: Permanent, exclusive easements for the installation, maintenance, and operation of underground or overhead conduit and electric transmission cable infrastructure (the "Facilities"). CONSIDERATION: Dominion to pay the City: (i) $18,953,059.00 for the proposed easements; and (ii) $1,142,237.25 for a tree mitigation fee to clear trees within easement corridor. CONDITIONS: • The City will convey the easements AS IS, WHERE IS, and will not warrant the condition of the property as to suitability for Dominion's purpose. • Dominion will construct the Facilities underground through parcels identified as GPINS: 2416-98-7653 (717 General Booth Blvd.) and GPIN: 2416-67-8078, and do not intend to clear trees from these parcels. Dominion will construct the Facilities overhead through the remaining parcels. • The City will convey the easement through the parcel identified as GPIN: 1484-35-3250 (4153 Dam Neck Rd.) for hazard tree rights only and not for the construction of any Facilities. • If settlement has not occurred on or before November 1, 2028, the City has the right to terminate the transaction. • The City will reserve the right to continue, repair, maintain, replace, reconstruct, or upgrade its existing uses, facilities, utilities, and infrastructure within the proposed easements, including unhindered access by the City and the public to parcels identified as GPIN: 2416- 98-7653 (717 General Booth Blvd.), GPIN: 2416-67-8078, and GPIN: 1494-49-6180 (3017 Damascus Tr.). • The easement agreements will include an agreed process to more efficiently obtain Dominion's consent to the City's proposed future uses and future construction of facilities, utilities, and other infrastructure within the easements. • Dominion shall maintain insurance coverage, through its self-insurance program, or another acceptable insurer naming the City as additional insured, and provide proof thereof upon request. • Dominion shall indemnify and hold the City harmless from and against all claims, damages, losses, and expenses arising out of Dominion's installation, operation, and maintenance of the Facilities. 52 ADJOURNMENT ITEM#74913 Mayor Robert M. Dyer DECLARED the City Council SPECIAL FORMAL SESSION ADJOURNED at 6:01 P.M. 46 r Tern a ius Chief Deputy City Clerk 4ndjaBa)es Robert M. Dyer City Clerk, MMC Mayor City of Virginia Beach Virginia October 24, 2023