City Council - Formal Session

CITY OF VIRGINIA BEACH “COMMUNITY FOR A LIFETIME” CITY COUNCIL MAYOR ROBERT M. "BOBBY" DYER - Mayor ROSEMARY C. WILSON - Vice Mayor District 5 MICHAEL F. BERLUCCHI - District 3 BARBARA M. HENLEY - District 2 DAVID HUTCHESON - District 1 ROBERT W. "WORTH" REMICK - District 6 DR. AMELIA N. ROSS-HAMMOND - District 4 JENNIFER ROUSE - District 10 JOASHUA F. "JOASH" SCHULMAN - District 9 CHRIS TAYLOR - District 8 SABRINA D. WOOTEN - District 7 CITY HALL BUILDING CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER – PATRICK A. DUHANEY PHONE: (757)-385-4303 CITY ATTORNEY – MARK D. STILES July 2, 2024 FAX (757) 385-5669 CITY ASSESSOR – SUE CUNNINGHAM CITY AUDITOR – LYNDON S. REMIAS EMAIL: CITYCOUNCIL@vbgov.com CITY CLERK – AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS -CONFERENCE ROOM- 2:00 PM A. FUNDING SOURCES FOR PARKS AFTER DARK AT LEVEL GREEN Kevin Chatellier, Director – Budget & Management Services B. GREEN LINE UPDATE 2:30 PM Kathy Warren, Director – Planning C. MARKET SALARY SURVEY SCOPE 3:15 PM Monica Kopin, Director of Talent Acquisition and Workforce Development – Human Resources II. COUNCIL LIAISON REPORTS 3:45 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM IV. CITY COUNCIL AGENDA REVIEW 4:15 PM V. INFORMAL SESSION -CONFERENCE ROOM- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1. Motion to Recess to Closed Session VI. FORMAL SESSION - CITY COUNCIL CHAMBER - 6:00 PM A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION 1. Certify Closed Session G. MINUTES 1. INFORMAL and FORMAL SESSIONS June 18, 2024 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION - CLEFT AND CRANIOFACIAL AWARENESS MONTH Mr. Jackson Doane Ms. Hailey Dore Mrs. Kathleen Magee, B.S.N., M.Ed., M.S.W., Founder – Operation Smile Dr. William (Bill) Magee Jr., D.D.S., M.D., Founder – Operation Smile Ms. Karen Via, B.S.N., M.S.N., R.N., Care Coordinator – CHKD Cleft and Craniofacial Center 2. PRESENTATION – 250th Anniversary of Princess Anne County Resolves Patrick Hannum – Virginia Beach VA250 Committee Alpheus Chewning – Virginia Beach VA250 Committee I. PUBLIC HEARING 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Back Bay Marsh Restoration Project, CIP 100551 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS Resolution to SUPPORT the Navy’s assignment of new aircraft to the East Coast Master Jet Base at Naval Air Station Oceana (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond and Schulman) Ordinance to DIRECT the City Manager to proceed with a plan for distribution of Arts and Culture dedicated funds and to AUTHORIZE two full time positions (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Hutcheson, Remick, Ross- Hammond, Schulman, and Wooten) Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Michael A. and Tabitha L. Roman (57.70+/- acres), the issuance by the City of its contract obligations in the maximum principal amount of $905,890 and TRANSFER funds to purchase U.S. Treasury Strips  Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Venable Real Estate Limited Partnership (66.79+/- acres), the issuance by the City of its contract obligations in the maximum principal amount of $514,283 and TRANSFER funds to purchase U.S. Treasury Strips Ordinance to DECLARE the properties at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place to be in excess of the City’s needs and to AUTHORIZE the City Manager to sell the properties to the adjoining property owners Ordinance to AMEND Section 110 of Appendix F of the Chesapeake Bay Preservation Area Ordinance re notices of publication Resolution to APPROVE modifications to a Term Sheet re redevelopment of Pembroke Mall; AUTHORIZE execution of definitive project documents and Support Agreement; and REQUEST approval by the City’s Development Authority of Modified Term Sheet Ordinance to APPROPRIATE $16,152,511 from the Commonwealth to the FY2024-25 Virginia Beach City Public Schools Operating Budget and TRANSFER $105,000 from the School Operating Fund to the Green Run Collegiate Charter School Fund L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/ITA ADVISORY COMMITTEE VB CANNABIS ADVISORY TASK FORCE VB COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD  M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT VII. PUBLIC COMMENT/OPEN DIALOGUE ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************  6.I.1 Packet Pg. 5 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  6.I.1 Packet Pg. 6 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  6.I.1 Packet Pg. 7 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  6.I.1 Packet Pg. 8 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  6.I.1 Packet Pg. 9 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  6.I.1 Packet Pg. 10 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  6.I.1 Packet Pg. 11 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  6.I.1 Packet Pg. 12 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  6.I.1 Packet Pg. 13 Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARING)  6.K.a Packet Pg. 14 Attachment: Resolution Supporting the Navy’s Assignment of New Aircraft to the East Coast Master Jet Base at Naval Air Station Oceana (4032  6.K.a Packet Pg. 15 Attachment: Resolution Supporting the Navy’s Assignment of New Aircraft to the East Coast Master Jet Base at Naval Air Station Oceana (4032  6.K.a Packet Pg. 16 Attachment: Resolution Supporting the Navy’s Assignment of New Aircraft to the East Coast Master Jet Base at Naval Air Station Oceana (4032  6.K.a Packet Pg. 17 Attachment: Ordinance?to Direct the City Manager to Proceed with?a?Plan for?Distribution of Arts and Culture?Dedicated?Funds and to  6.K.a Packet Pg. 18 Attachment: Ordinance?to Direct the City Manager to Proceed with?a?Plan for?Distribution of Arts and Culture?Dedicated?Funds and to  6.K.a Packet Pg. 19 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Michael A. and Tabitha L. Roman  6.K.a Packet Pg. 20 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Michael A. and Tabitha L. Roman  6.K.a Packet Pg. 21 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Michael A. and Tabitha L. Roman  6.K.a Packet Pg. 22 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Michael A. and Tabitha L. Roman  6.K.a Packet Pg. 23 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Michael A. and Tabitha L. Roman  6.K.a Packet Pg. 24 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Michael A. and Tabitha L. Roman  6.K.a Packet Pg. 25 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Michael A. and Tabitha L. Roman  6.K.a Packet Pg. 26 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Michael A. and Tabitha L. Roman  6.K.a Packet Pg. 27 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Michael A. and Tabitha L. Roman  6.K.a Packet Pg. 28 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 29 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 30 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 31 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 32 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 33 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 34 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 35 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 36 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 37 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 38 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 39 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 40 Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited  6.K.a Packet Pg. 41 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 42 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 43 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 44 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 45 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 46 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 47 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 48 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 49 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 50 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 51 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 52 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 53 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 54 Attachment: Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place, to be in excess of the  6.K.a Packet Pg. 55 Attachment: Ordinance to Amend Section 110 of Appendix F, Chesapeake Bay Preservation Area Ordinance Pertaining to Notices of Publication  6.K.a Attachment: Ordinance to Amend Section 110 of Appendix F, Chesapeake Bay Preservation Area Ordinance Pertaining to Notices of Publication 1 AN ORDINANCE TO AMEND SECTION 110 OF 2 APPENDIX F, CHESAPEAKE BAY 3 PRESERVATION AREA ORDINANCE 4 PERTAINING TO NOTICES OF PUBLICATION 5 6 Section Amended: § 110 of the Chesapeake Bay 7 Preservation Area Ordinance 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 110 of the Chesapeake Bay Preservation Area Ordinance is hereby 13 amended and reordained to read as follows: 14 15 Sec. 110. Variances. 16 17 18 19 (D) Not later than sixty {60) days after the receipt of an application, the Board shall hold 20 a public hearing on such application. Notice of the time and place of the hearing 21 shall be published no less than once per week for two (2) eonsecl:lti:i.te weeks pFior 22 to such hearing twice in a newspaper having a general circulation in the City. The 23 first notice shall be published no more than fourteen (14) twenty-eight (28) days 24 before the meeting intended adoption and the second notice shall be published not 25 less than si* (6) seven (7) days after the first before the date of the meeting. The 26 cost of the public notice shall be charged to the applicant. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of _____ , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �w� lalng Departmen( CA16496 R-2 April 18, 2024 Packet Pg. 56  6.K.a Packet Pg. 57 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 58 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 59 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 60 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 61 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 62 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 63 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 64 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 65 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 66 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 67 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 68 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 69 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 70 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 71 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 72 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 73 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 74 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 75 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 76 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 77 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 78 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 79 Attachment: SMFP56114724062615450 (4033 : Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of  6.K.a Packet Pg. 80 Attachment: Ordinance to Appropriate State Funds to the Virginia Beach City Public Schools FY 2024-25 Operating Budget (4029 : Ordinance to  6.K.a Packet Pg. 81 Attachment: Ordinance to Appropriate State Funds to the Virginia Beach City Public Schools FY 2024-25 Operating Budget (4029 : Ordinance to  6.K.a Packet Pg. 82 Attachment: Ordinance to Appropriate State Funds to the Virginia Beach City Public Schools FY 2024-25 Operating Budget (4029 : Ordinance to  6.K.a Packet Pg. 83 Attachment: Ordinance to Appropriate State Funds to the Virginia Beach City Public Schools FY 2024-25 Operating Budget (4029 : Ordinance to