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SEPTEMBER 11, 2012 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bqvside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAMR. DeSTEPH, At -Large HARRY E. DIEZEL, Keinjosville - District 2 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne — District 7 JOHN D. MOSS, At -Large JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvrnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER — .LAMES K. SPORE CITYA7TORNEY— MARK D. STILES CITYASSESSOR — JERALD D. BANAGAN CITYAUDITOR—LYNDONS. REMIAS r'1Tv r1 Fux — WITH 1101)GFS FRA.SER. MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA I. CITY MANAGER'S BRIEFINGS 11 SEPTEMBER 2012 - Conference Room - A. POTENTIAL SHIFTS IN THE REGION'S MILITARY ASSETS Craig R. Quigley, Rear Admiral, U.S. Navy (Ret.), Executive Director, Hampton Roads Military and Federal Facilities Alliance (HRMFFA) B. TOWN CENTER PHASE V Lou Haddad, President — Armada Hoffler Mark Wawner, Project Manager — Economic Development II. CITY COUNCIL LIAISONS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:00 PM 5:00 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend David Rollins, D.D. Pastor Bayside Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES: 1. INFORMAL and FORMAL SESSIONS August 28, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION TO COMMEMORATE SEPTEMBER 11, 2012 "Admiral John C. Harvey, Jr. Day" 2. MUSEUM OF CONTEMPORARY ART Steve Test, Chairman of the Board of Trustees Debi Gray, Executive Director I. PUBLIC HEARINGS 1. ACQUISITION OF PROPERTIES BY AGREEMENT OR CONDEMNATION a. Princess Anne and Gum Bridge Roads 2. LEASES OF CITY -OWNED PROPERTY a. Curtis Wolfarth North Landing Road (formerly Brown Farm) b. R.W. White Farm, LLC New Bridge Road (formerly New Bridge Road Farm) c. Dawley Family Farms, LLC Indian River Road — (formerly Rock Church Property) 3. SALE OF EASEMENTS a. North Landing Road - Rock Ministries, Inc. b. Landstown Road -Kempsville Presbyterian Church J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 7-25 of the City Code re registration of personal assistive mobility devices (Golf Carts) 2. Resolution to MOVE the September 25, Regular Meeting of City Council to September 18, 2012, and the Workshop of that date to 2:00 P.M. September 25, 2012 3. Resolution to SUPPORT the reservation of right-of-way dedicated to high speed rail as part of the Route 460 corridor improvements project 4. Resolution to REDEFINE the scope and work of "ARC Flash Mitigation" re hazardous arc flash points identified by the review and analysis performed in this project 5. Ordinances to AUTHORIZE the City Manager to EXECUTE: a. Lease with Dawley Family Farms, LLC on Indian River Road b. Lease with R. W. White Farm, LLC on New Bridge Road c. Lease with Curtis Wolfarth on North Landing Road d. Modification of a Lease with the Development Authority re the City's Social Services Building at 3432 Virginia Beach Boulevard e. Amendment No. 4 to the Multi -Year Agreement between the (U.S. Navy) and the City to prevent encroachment and incompatible development in the vicinity of Naval Air Station Oceana re AICUZ contours f. Memorandum of Understanding with the Virginia Motor Vehicles re multi -trip overweight permits 6. Ordinance to AUTHORIZE acquisition of property in fee simple for right-of-way re Princess Anne and Gum Bridge Roads left turn lane and the acquisition of easements by agreement or condemnation 7. Ordinance to DECLARE restrictive easements EXCESS over City -owned properties in the ITA and Rural AICUZ Area and AUTHORIZE the City Manager to CONVEY same to the United States Navy 8. Ordinances to ACCEPT and APPROPRIATE: a. $1,359,108 from the U.S. Homeland Security/FEMA, to the Fire Department's Cooperative Agreement Grant re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team b. $20,000 from FEMA to the Fire Department re mobilization and deployment for. Tropical Storm Isaac 9. Ordinance to TRANSFER $136,925 within the Fire Programs/Aid to Localities Grant re fire helmets and related accessories K. PLANNING 1. JOHN N. JOHNSON/JNJ ENTERPRISES, LLC. for a Conditional Use Permit re bulk storage at Jersey Avenue DISTRICT 4 — BAYSIDE ATI APPROVAL 2. OCEAN PROPERTIES, LLC/C. ROGER GIBSON for a Conditional Use Permit re motor vehicle sales, rentals and service at Lynnhaven Parkway DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 3. TGM REALTY INVESTORS, INC./TECHNOCENTER ASSOCIATES, LLC, for a Conditional Use Permit re college, higher education (Stratford University) DISTRICT 2 — KEMPSVILLE DEFERRED RECOMMENDATION AUGUST 11, 2012 APPROVAL 4. BPMS CASCADES, LLC/BPMS CASCADES 2, LLC for Modification of Proffers Nos. 1 and 2 (approved December 12, 2006) to replace the retail uses with residential units at Lynnhaven Parkway and Centerville Turnpike DISTRICT 1 — CENTERVILLE RECOMMENDATION APPROVAL 5. WILSON DRIVER WIDGEON for a Conditional Chafe of Zoning from R-51) and 0-2 to Conditional 0-2 to develop the site with an office building at 101 and 109 North Lynnhaven Road DISTRICT 6 - BEACH RECOMMENDATION L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE — COG M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT APPROVAL PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 The City Council Schedule Chanzes for September September 11 All Sessions - FormaUOpen Dialogue -6:00 p.m. September 18 All Sessions — Formal - 6:00 p.m. September 25 — Workshop - 2: 00 p.m. 2012 CITYHOLIDAYS Monday, November 12 Veteran's Day Thursday, November 22 Thanksgiving Day Friday, November 23 Day After Thanksgiving Monday, December 24 Christmas Eve (half-day) Tuesday, December 25 Christmas Day -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 11, 2012 Mayor William D. Sessoms, Jr. called to order the BRIEFING re POTENTIAL SHIFTS IN THE REGION'S MILITARYASSETS, in the City Council Conference Room, Tuesday, September 11, 2012, at 3:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None September 11, 2012 -2 - CITY MANAGER'S BRIEFING POTENTIAL SHIFTS IN THE REGION'S MILITARYASSETS 3:00 P.M. ITEM #62166 Mayor Sessoms introduced and welcomed Craig R. Quigley, Rear Admiral, U.S. Navy (Ret.), Executive Director, Hampton Roads Military and Federal Facilities Alliance (HRMFFA). Admiral Quigley thanked the City Council for inviting him to share the highlights and future effects of the Military in Virginia Beach. In February, President Obama presented his FY2013 proposed budget which included $487 -Billion in reductions to defense spending over the next ten (10) years. This will have an effect on Hampton Roads. No one believes the proposed budget, as submitted, will ultimately be passed by Congress. However, Admiral Quigley believes the budget will have adverse affects on the Military's presence in Hampton Roads. Monies for ship and aircraft maintenance will be reduced. A reduction in the number of ships that are ported in Hampton Roads is also expected. The reductions will not be catastrophic; however, Hampton Roads will feel the effects. The House has passed a version of the Budget which the Senate refuses to take up. Admiral Quigley believes ships will be relocated: • Three (3) guided missile destroyers from Naval Station Norfolk to Rhode, Spain • Three (3) guided missile destroyers from Naval Station Norfolk to Mayport, Florida. • Three (3) Amphibious Ships from Hampton Roads to Mayport, Florida. • Five (S) Coastal Patrol Crafts from Little Creek to Mayport, Florida The Navy wants to continue to use Mayport and the majority of the ships housed in Mayport, Florida, are older and ready to be retired. Also, the Navy wants to ensure that troops can be deployed into the September 11, 2012 -3 - CITY MANAGER'S BRIEFING POTENTIAL SHIFTS IN THE REGION'S MILITARYASSETS ITEM #62166(Continued) Caribbean, Central and South America in an effort to counter the drug and illegal migrant trades. Mavport is slated to receive the first of the East Coast Littoral Combat Ships (LCS) sometime in 2019. "Sequestration " is a term that most had never heard until a year ago. Sequestration is a mechanical process by which a specific amount of money is taken out of all accounts within a given budget. The Budget Control Act of 2011, stipulated that $1.2 -Trillion, over the next ten (10) years, was to come out of federal spending in an effort to reduce the debt. The mechanism put in place to achieve this is the "Super Committee ". Should the Super Committee fail, sequestration would kick in — the Super Committee failed and Sequestration is to take effect beginning January 2, 2013, with one-half from defense funding and one-half from all other federal agencies, without the ability to prioritize spending. Every agency will be required to reduce their budget by approximately 10 to 11 %. Uniformed personnel can be exempt according to the Law and President Obama chose this option. Congress requested a Report providing some sort of specificity as to how the defense spending, in particular, will be handled under Sequestration. That is due to be released this week. Admiral Quigley does not feel the Report will provide a lot of clarity as Sequestration is not a complicated process as every program will have the 10 to 11 % reduction across the board. A few areas where Hampton Roads will feel the effects: • Ship Maintenance • Air Craft Maintenance • Services/Contracts • Civil Servants September 11, 2012 -4 - CITY MANAGER'S BRIEFING POTENTIAL SHIFTS IN THE REGION'S MILITARYASSETS ITEM #62166(Continued) Admiral Quigley expects Congress to pass a Resolution continuing the funding of the federal government for the first six (6) months of the fiscal year. However, should Sequestration take effect January 2"d agencies will only have nine (9) months to take out twelve (12) months worth of budget reductions. This will be a very steep drop. Admiral Quigley does not see the pressures on the Federal Budget changing for many years to come. No matter who is elected as President in November, the budget realities and pressures will remain in place for possibly ten (10) years. The new reality will be put into place, and our thinking needs to change as to the expectations on any given level offederal budget spending. In general, public opinion polls show that Americans are in favor of a smaller outlay for defense dollars. This is possibly due to the weariness to the Wars in Iraq and Afghanistan and could accelerate after American Forces are withdrawn from Afghanistan in 2014. Admiral Quigley stated there are a few ways to mitigate the effects of the budget reductions here in Hampton Roads. For instance, Hampton Roads has a very strong Cyber Warfare capability, mostly residing at Little Creek. Admiral Quigley believes there are three areas which will significantly grow in the years ahead, despite the pressures on the Federal Budget: • Cyber Warfare • Special Operations • Unmanned Aerial Systems (UAS) September 11, 2012 -5 - CITY MANAGER'S BRIEFING POTENTIAL SHIFTS IN THE REGION'S MILITARYASSETS ITEM #62166(Continued) In quality and number, Hampton Roads has two of the three; specifically, Cyber Warfare and Special Operations. Hampton Roads offers a great number of training possibilities for Special Operations Forces. Congress directed the Federal Aviation Administration (FAA) to determine a way to operate UAS in National Air Space in an inter -grated way, beginning in 2015. Six (6) test sites will be established in order to achieve this goal and Virginia Beach/Hampton Roads wants to be one of those six. The six sites will be the center of UAS development for years to come. The Hampton Roads Energy Corridor is another way to mitigate the effects of the federal budget reduction. They are working with Federal Agencies and Virginia Dominion Power to meet the energy reduction goals. No BRAC will be held in 2013; however, 2016 is achievable for the next BRAC. This will present both opportunities and risks for Hampton Roads. The war in the 21" Century will rely more on Naval Forces and Admiral Quigley believes there may be capacity to take on additional elements of military capability and using the existing installations. Admiral Quigley stated the chart above is the reason all of this matters to Hampton Roads. Each box equates to a real federal facility or command in Hampton Roads. Collectively, there are approximately $21 -Billion on our regional economy and approximately 47% of the region's economic product. Mayor Sessoms thanked Admiral Quigley for providing this information and for all of his work for the region. September 11, 2012 n CITY MANAGER'S BRIEFING TOWN CENTER PHASE V 3:29P.M. ITEM #62167 Mayor Sessoms introduced and welcomed Warren Harris, Director — Economic Development. Mr. Harris stated the City has an opportunity to expand Town Center with Phase V, which will provide the City with further growth and expansion. Mr. Harris introduced and welcomed Lou Haddad, President — Armada Hoffler. Mr. Haddad thanked the Mayor and Members of City Council for the opportunity to provide the information on another exciting development at Town Center. Mr. Haddad is pleased to be partnered with the City on this venture. Armada Hoffler has twenty (20) private/public partnerships on the East Coast and Town Center stands apart from all the others as one of the most successful. September 11, 2012 -7 - CITY MANAGER'S BRIEFING TOWN CENTER PHASE V ITEM #62167(Continued) Below is how Town Center looked in 1998. When Armada Hoffler and the City became partners in this venture, the property was under contract to build a store with a large parking lot. City Council saw the necessity to create a "hub "for the City and did not want "more of the same ". The City already had nice suburban office parks, restaurants, great places to live but lacked a "hub" to attract the highest paying jobs from premier companies that make up a professional services hub. In addition, the City lacked a place where citizens could gather. The next chart reflects the transformation in just fourteen (14) short years. Armada Hoffler has invested nearly $400 -Million in creating Town Center. The City has invested a little over $80 -Million in public infrastructure, such as parking garages. Town Center is home to the highest paying firms in the area: financial service firms and professional firms. Importantly, in the 600, 000 square feet of Class A office space located in Town Center, only one floor of space is occupied by a government agency (The City's Economic Development Department) and no defense related contractors. Town Center also houses educational centers. September 11, 2012 CITY MANA GER'S BRIEFING TOWN CENTER PHASE V ITEM #62167(Continued) Mr. Haddad stated before the beginning of the Recession, Phase IV was approved by City Council. Phase IV had elements of high rise office space, additional hotel space and living space. Phase IV continues to be "on hold". The Recession changed the original plans for Phase IV. Town Center Master Plan September 11, 2012 in CITY MANAGER'S BRIEFING TOWN CENTER PHASE V ITEM #62167(Continued) Town Center has remained full thru the Recession and is a testament of the development in of itself. Up until now, there has not been a need for additional development. The firms that are in Town Center, like most of the Country, are not in an "adventurous mode" so Armada Hoffler has been planning and waiting for such an opportunity to come along. The Phase V Facts below provide the specifics of the Project. Phase V represents approximately $70 - Million in private investments. The proposal includes the City to build the parking garage with approximately 850 to 875 parking spaces. It is important to note the parking garage needs to accomplish three goals: • Replace spaces being eliminated in the existing parking lot • Support the office space to be constructed above • Sizing it so the next development, which will be Block 9 of Town Center, will not require any additional parking Phase V — Fact Sheet Private Sector Components in Phase V include... Block 11 • 174,000 -sq. ft. Office • 267 Apartments • 18,000 -sq. ft. Retail Public Sector Components in Phase V include... Block 11 • 875 -space Parking Garage • Streetscapes September 11, 2012 -10 - CITY MANAGER'S BRIEFING TOWN CENTER PHASE V ITEM #62167(Continued) Mr. Haddad stated two firms are ready to make the announcements of relocating to Town Center, Phase V. The first is the expansion of Hampton University College of Virginia Beach. It is important to note Hampton University has been an investor in Virginia Beach for the last ten (10) years. In the first phase of Town Center, Hampton University financed the loan to build the Hilton Garden Inn. They also invested in the Westin Hotel. Hampton University is pleased with the results from the investments in Virginia Beach. The University has a high graduation rate at their satellite campus in the City which is expanding by 15001o. Hampton University College of Virginia Beach Expansion Highlights Total Expansion — 16,551 SF to a total of 40,056 SF Projected Number of Students — 350 55 Additional Course Offerings — Nursing — Education — Engineering (Aviation) — International Studies — Liberal Studies (Criminal Justice) — General Studies — Hotel/Restaurant Management — Religious Studies The Architectural Engineering Firm of Clark Nexsen is the second firm committed to relocate to Town Center, Phase V. Clark Nexsen is the premier architectural and engineering service firm in the region. Mr. Haddad recognized Tom Winborne, CEO, and Willie Cooper, Lead Architect, on the Project. Clark Nexsen A Commitment to Providing Superior Architectural & Engineering Services to its Clients & Recognized as Leaders in the Design Profession • Established in 1920, Firm has been in continuous operation for 90 years • Award Winning Architectural Firm • Nine Offices in Four States • 550 U.S. Based Employees — 350 will relocate to Virginia Beach • Will occupy± 80,000 -sq. ft. in the new tower • $75,000 average employee salary • Specializes in Commercial, Offices, Government, College & University, Recreational, Manufacturing and Land Planning Projects • Recognized as one of America's leading Architectural & Design Firms — Top 200 National Design Firms by Engineering News Record Arrhiurnrr & Lnginnrin; September 11, 2012 -11 - CITY MANAGER'S BRIEFING TOWN CENTER PHASE V ITEM #62167(Continued) Below is the picture that appeared in the newspaper today. Below is the view from the other side of the street and shows the apartments concealing the parking garage. September 11, 2012 -12 - CITY MANAGER'S BRIEFING TOWN CENTER PHASE V ITEM #62167(Continued) Mr. Haddad introduced Mark Wawner, Project Manager - Economic Development to provide information related to the Financial Plan. Mr. Wawner provided the chart below showing the summary of the first three phases of Town Center. The proposed Project has a Public/Private Ratio of 1:3.7 with a cost to the City of $19 -Million. Summary of the Town Center Project Financial Plan Phase 1, Phase U, Phase III And New Proposed Phase V (trillions of dollars) Public Investment Public Parking $22.50 $18.10 $16.90 $57.50 $18.00 $75.50 Garages -TIF Funded Meeting Space, Connector,&Sand - $0.50 $9.90 $10.40 $10.40 TIF Funded Infrastructure - CIPIEDIPFunded $6.30 $7.70 $1.70 $15.70 $1.00 $16.70 Total Garage and Infrastructure - Public2$ 9.30$25.80$28.50$83.60$19.00 102.60 Total Private Investment: $95.00 12ZIQ $173.00 $365.00 $70.40 $435.44 Public Private Ratio 1:3.2 1:3.8 1:6.1 1:4.4 1:3.7 1:4.2 Completion Dates Fall 2003 Winter 2005 Fall 2007 Summer 2014 September 11, 2012 -13 - CITY MANAGER'S BRIEFING TOWN CENTER PHASE V ITEM #62167(Continued) Below provides the specifics for funding the Public portion of this Project. Funding The Public Portion The V BDA will own the 1,'arage and issue Public Facility Revenue Bonds to acquire it. A TIF Special Revenue Fund was created in 2000 to accumulate incremental real estate taxes paid by property within the TIF District and pay debt service for public parking garages and related infrastructure. The TIF Fund will support the payment of debt service on the bonds issued for Phase V, provided the following occurs: 1. General assessments/expectedTIF revenue meet projections (2% after FY -14) 2. Developer payments or additional taxable development generate generally level stream of income to TIF aggregating to $3.OM over 9 years 3. EDLP fund reimburses TIF $2.5M used for acquisition of Beacon land Mr. Wawner stated the developer has agreed to make a payment of over $3 -Million over nine (9) years, to ensure the TIF stays positive in order to make the Debt Service Payments. Business Taxes Generated Within the Core Area of the CBD South TIF District "€pp9 PT FY2IXK FY3tl06 #Y•TBM FY-20tl6 iY246§ fY�nY1D F1' -2P11 iotY, 'Tea Business L'c— $735,204 $840,825 $922,049 $1,531,582 $1,233,412 $1,031,408 $1,017,683 $7,312,163 Busieesa Pm fty 233,634 346,107 396,849 459,920 488,441 512,452 543,806 $2,981,209 1orte' Taxes 1,653,635 2,436,041 2,722,755 3,409,303 3,787,405 3,653,831 3,942,810 $21,605,780 General 5ales Taxes 440,202 536,114 567,921 601,962 676,243 645,569 654,584 $4,122,595 Tatar $3,062,675 $4,159,087 $4,609,574 $6,002,767 $6,185,501 $5,843,260 $6,158,883 $36,021,747 September 11, 2012 -14 - CITY MANAGER'S BRIEFING TOWN CENTER PHASE V ITEM #62167(Continued) Below are the next steps on the proposed Project: Next Steps • Public Comment 4 September 18 • City Council Consideration 4 October 9 — Term Sheet/ Development Agreement • Start Construction --> February 2013 • Complete Construction 4 July 2014 Mayor Sessoms thanked everyone working on this Project. After City Council discussion and By Consensus, Staff was directed to move forward with the next steps and schedule the Public Comment for September 18`x` City Council's Agenda.. September 11, 2012 -15 - CITY COUNCIL LIAISON REPORTS 4:30 P.M. ITEM #62168 Councilman Moss would like to know what else is going on because he never finds out until he receives the City Council packet on Friday evenings. Is there anything else going on that we need to know? Mayor Sessoms advised that he and Vice Mayor Jones have a meeting tomorrow to discuss the Arena and they will bring back information to City Council. Councilman Moss stated there is "stuff' going on at the staff level that is moving and he hopes staff is giving frequent updates so it can be shared since we are on this "compressed track schedule " and Mr. Moss finds the "hurry up and get it done " attitude annoying. ITEM #62169 Council Lady Henley advised the Mayor's Commission on Aging is hosting their annual Senior Showcase on October 31, 2012, at Princess Anne Recreation Center and invited everyone to attend. ITEM #62170 Councilman DeSteph referenced the article in the City Manager's Update regarding North Carolina Cycling. From Carova to Duck there are fabulous bicycle trails and this has attracted a lot of business and tourism on those trails. Hopefully, Virginia Beach can get to something similar, even if it is on -street trails. Next Monday, Bikeways & Trails Committee is having an "around the City" tour on the bike trails. ITEM #62171 Councilman Moss was unable to attend the Deferred Compensation Committee's meeting yesterday but will draft and forward the Minutes to City Council. September 11, 2012 -16 - CITY COUNCIL COMMENTS 4:34 P.M. ITEM #62172 Councilman Uhrin advised he had the pleasure of welcoming the Shriner's for their formal meeting. This is their 38`x` year holding this Convention in Virginia Beach. Councilman Uhrin presented a Medallion the Imperial Potentate presented to him for the Mayor. ITEM #62173 Council Lady Henley advised that she and Vice Mayor Jones, along with Kristi Everett, representing the Chesapeake Bay Foundation, Brian Sollis — Director, Parks and Recreation and Lilly Gilbert from the Open Space Advisory Committee, met with the "Sons of the American Revolution" for a presentation for information placing Generals Washington and Rochambeau on ships in the Lynnhaven River immediately following the "Battle Off The Capes". Generals Washington and Rochambeau met with Admiral de Grasse to strategize the siege of Yorktown and ultimate defeat of Cornwallis that occurred in October 1781. The National Parks Service proposes a marker be placed in the City as a part of the Washington Rochambeau Trail, which stretches from Connecticut to Yorktown. Council Lady Henley provided a brochure and is excited the City can be a part of this history. It has been suggested the Pleasure House Point property be the location for the marker to be placed. This information will hopefully make it into history books, after the facts are authenticated and accepted. Council Lady Henley requested a member of the SAR and DAR be invited to participate in the planning. It will be nice to stop honoring Lord Dunmore because after all, he was the enemy. This is a great opportunity to educate people, particularly the school children, on this great aspect of this Revolutionary War. ITEM #62174 Councilman Dyer reminded the City Council on September 17`x` at 10:OOa.m.the City will host the Governor's Local Unfunded Mandated Review Task Force Meeting at the Virginia Aquarium. ITEM #62175 Councilman DeSteph advised he had a conversation with the attorney that negotiated the deal for the Newark New Jersey Devils when they hosted the Nets in their arena. She provided some "pit -falls ", other things to look out for and the subject matter expert's use, etc. He will be meeting with her in New Jersey this weekend to discuss this further and will pass along her contact information. She volunteered her time to come to the City to brief on the "good/bad/ugly". During their project, they hired subject matter experts from the private and public side that were involved in the negotiations of arenas across the country. Saturday night, Governor McDonnell asked Councilman Desteph about the terms/conditions of the Arena deal and what the City was planning on asking from the State. Councilman DeSteph advised the Governor he had no idea. Governor McDonnell stated the City was already on his calendar and he was hoping someone knew what the City would be asking of the State. Mayor Sessoms advised the first meeting is tomorrow and he has not talked to the Governor about putting anything on his calendar. Councilman DeSteph stated this goes back to Councilman Moss's earlier statement about what else is going on in the City that City Council is not aware of. Councilman DeSteph was displeased to hear somethingfrom the Governor and not the City Staff. September 11, 2012 -17 - CITY COUNCIL COMMENTS (CONTINUED) City Manager Spore stated the City is not on the Governor's calendar. Warren Harris — Director, Economic Development, advised to his knowledge, the City is not on the Governor's calendar. ITEM #62176 Councilman DeSteph reviewed the City property on Witchduck Road and does not recall providing direction to go from the road project to begin expending money on studies and development of a homeless shelter and homeless campus. Councilman DeSteph requested, if City Council provided that direction, to receive the associated costs of the studies and follow-up studies. If that direction has not been provided, he believes that should take place before the next step is taken. ITEM #62177 Councilman Moss stated the City has a ballot question (Light Rail Referendum) is not about the study being conducted by HRT. Councilman Moss raised concerns regarding the City's approach; less than of the households receive the newspaper but the City is advertising in the newspaper so if the idea is "education ", how much are we spending for the market place we are reaching? The City is also advertising with the "Inside Business" and this demographic of individuals are likely informed of Light Rail. Mr. Moss would like to know the mechanism behind choosing the media publications. Councilman Moss does not think the City should be advertising HRT's study extension briefings on the Referendum's educational material. The ballot question has nothing to do with the Extension Study. Councilman Moss raised concerns whether the picture on the brochure being neutral. Councilman Moss suggested the cover to state: The Virginia Beach City Council Request Your Vote on the following Advisory Referendum Question: "Should the City Council adopt an ordinance approving the use of all reasonable efforts to support the financing and development of the Tide light rail into Virginia Beach?" Councilman DeSteph agrees with Councilman Moss'suggestion for the brochure. ITEM #62178 Councilman Moss also expressed concerns regarding the number of projects the City can sustain. Medicare applications are up 52% over three (3) years, individuals receiving food stamps up 42% and median family income has fallen; all the statistics support these facts. Councilman Moss requests the City Council endorse a "Constitutional Lock Box " with the transportation funds. ITEM #62179 Councilman DeSteph has asked the City Attorney to request a "Double Lock Box" recommendation to the General Assembly so the money goes into a "lock box " and roads are not reduced the same amount of money in a different location. Also, if you look at the Light Rail systems that are currently operating in the United States, most are considered unsuccessful. Norfolk has the lowest ridership of any Light Rail operated in the country. September 11, 2012 -18 - CITY COUNCIL COMMENTS (CONTINUED) ITEM #62180 Councilman DeSteph distributed a draft Ordinance REPEALING the BPOL Tax and requested input from the City Council Members be provided in the next few weeks. ITEM #62181 Councilman Davis commended Staff on their work on the Light Rail brochure and feels this is as unbiased as it can be. Councilman Davis does not support Councilman Moss' requested changes. The HRT study is complicated and the dates on the brochure provide citizens easier access to research. Councilman Davis is not interested in what is happening with Portland's Light Rail system and extrapolate that information. He does not feel that the City should use hypotheticals. ITEM #62182 Mayor Sessoms suggested Councilman Moss' comments be added to the brochure. ITEM #62183 Councilman Davis suggested the City Council discuss any additional study on the Arena, beyond the ones that are already conducted, before Staff expends any additional funds. Mayor Sessoms stated the issue would be added to the Agenda next week. ITEM #62184 Councilman Davis requested the following be included in the "Disclosure "printed in the Light Rail Referendum Brochure: "What transit alternative is the best fit with the Federal Transportation Agency's "FAST Start" criteria and its associated cost and manner offinancing will not be known until the HRTA Virginia Beach Transit Extension Study is completed late next year, 2013. " September 11, 2012 -19 - AGENDA REVIEW SESSION P.M. ITEM #62185 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCESMESOL UTIONS Ordinance to AMEND Section 7-25 of the City Code re registration of personal assistive mobility devices (Golf Carts) 2. Resolution to MOVE the September 25, Regular Meeting of City Council to September 18, 2012, and the Workshop of that date to 2:00 P.M. September 25, 2012 3. Resolution to SUPPORT the reservation of right-of-way dedicated to high speed rail as part of the Route 460 corridor improvements project 4. Resolution to REDEFINE the scope and work of "ARC Flash Mitigation" re hazardous ARC flash points identified by the review and analysis performed in this project 5. Ordinances to AUTHORIZE the City Manager to EXECUTE: a. Lease with Dawley Family Farms, LLC on Indian River Road b. Lease with R. W. White Farm, LLC on New Bridge Road c. Lease with Curtis Wolfarth on North Landing Road d. Modification of a Lease with the Development Authority re the City's Social Services Building at 3432 Virginia Beach Boulevard e. Amendment No. 4 to the Multi -Year Agreement between the (U.S. Navy) and the City to prevent encroachment and incompatible development in the vicinity of Naval Air Station Oceana re AICUZ contours f. Memorandum of Understanding with the Virginia Motor Vehicles re multi -trip overweight permits 6. Ordinance to AUTHORIZE acquisition of property in fee simple for right-of-way re Princess Anne and Gum Bridge Roads left turn lane and the acquisition of easements by agreement or condemnation 7. Ordinance to DECLARE restrictive easements EXCESS over City -owned properties in the ITA and Rural AICUZ Area and AUTHORIZE the City Manager to CONVEY same to the United States Navy 8. Ordinances to ACCEPT and APPROPRIATE: a. $1,359,108 from the U.S. Homeland Security/FEMA, to the Fire Department's Cooperative Agreement Grant re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team b. $20, 000 from FEMA to the Fire Department re mobilization and deployment for Tropical Storm Isaac 9. Ordinance to TRANSFER $136,925 within the Fire Programs/Aid to Localities Grant refire helmets and related accessories Item #1 shall be deferred to October 9, 2012 Item #2, 3, 5d and 6 shall be considered separately September 11, 2012 -z0 - AGENDA REVIEW SESSION ITEM #62186 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. JOHN N. JOHNSONIJNJ ENTERPRISES, LLC. for a Conditional Use Permit re bulk storage at Jersey Avenue DISTRICT 4 — BAYSIDE 2. OCEAN PROPERTIES, LLC/C. ROGER GIBSON for a Conditional Use Permit re motor vehicle sales, rentals and service at Lynnhaven Parkway DISTRICT 3 — ROSE HALL 3. TGM REALTY INVESTORS, INC./TECHNOCENTER ASSOCIATES, LLC, for a Conditional Use Permit re college, higher education (Stratford University)DISTRICT 2 — KEMPSVILLE 4. BPMS CASCADES, LLC/BPMS CASCADES 2, LLC for Modi acation of Proffers Nos. I and 2 (approved December 12, 2006) to replace the retail uses with residential units at Lynnhaven Parkway and Centerville Turnpike DISTRICT I — CENTERVILLE 5. WILSON DRIVER WIDGEON for a Conditional Change of Zonin from R -SD and 0-2 to Conditional 0-2 to develop the site with an office building at 101 and 109 North Lynnhaven Road DISTRICT 6 - BEACH Councilman DeSteph will ABSTAIN on Item #2 September 11, 2012 -21- ITEM#62187 Mayor William D. Sessoms, Jr., 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: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees 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 2.2-371 ](A)(3). Acquisition/Disposition of City Property: Centerville District September 11, 2012 -22- ITEM#6218 7(Contin ued) Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:14 P.M. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph stepped out (Break 5:14 P.M. - 5:21 P.M.) (Closed Session 5:21 P.M. - 5:55 P.M.) September 11, 2012 -23 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 11, 2012 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, September 11, 2012, at 6.•00 P.M. Council Members Present: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D. Sessoms, James L. Wood Council Members Absent: None "Bill" DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and INVOCATION: Reverend David Rollins, D.D. Pastor Bayside Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest ", as defined by the Act, he 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. Mayor Sessoms' letter of March 24, 2009, is hereby made apart of the record. September 11, 2012 -24 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made apart of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting farm of Dixon Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her husband 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, 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 she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 10, 2012, is hereby made apart of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential 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, 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 she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter ofdanuary 27, 2004, is hereby made apart of the record. September 11, 2012 Item -VI-E CERTIFICATION -25 - ITEM #62188 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: September 11, 2012 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 #62187 Page 21, 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. uth Hodges Fraser, MMC City Clerk September 11, 2012 Item -VI -F.1 MINUTES -26 - ITEM #62189 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 28, 2012. Voting: I1-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 Item-VI-H.I MAYOR'S PRESENTATION -27- ITEM #62190 RESOL UTION TO COMMEMORATE SEPTEMBER 11, 2012 "Admiral John C. Harvey, Jr. Day" Mayor Sessoms recognized Admiral Harvey and expressed the City's gratitude for his friendship and dedicated service to the City, State and Country. Mayor Sessoms has enjoyed working with Admiral Harvey over the years. Admiral Harvey assisted the City in retaining $7.5 -Million in State funding necessary to comply with the Base Realignment and Closure (BRAC) effort. Mayor Sessoms stated Admiral Harvey, throughout his career, has been a true Patriot, a Statesman, a Warrior, a Strategic Thinker and a Leader. Admiral Harvey was on-site during the "Good Friday Miracle" plane crash to ensure the Navy did everything possible to save lives and accommodate the needs of those affected by the crash. Admiral Harvey was very generous in his praise of the "First Responders ". City Council recognized Admiral Harvey and thanked him for the tremendous contributions he has made to ensure "Virginia Beach is the best City in the world in which to live, work and play" and recognized his exemplary military service to the Country. Admiral Harvey thanked Mayor Sessoms and the City Council. Admiral Harvey stated this week is overwhelming as this is his last week on active duty. He trusts the Navy and City will stay "locked at the hip" and continue to do the right thing. Admiral Harvey stated there is no better place to be a Sailor than in Virginia Beach. There is no better place for Navy families to live and make their home and lives than here in Virginia Beach and that is because of what the City Council does in coming together as a Council and what the citizens do in this great City for the Sailors, families and the Navy. Admiral Harvey expressed his sincere appreciation to the City for their years of support. Mayor Sessoms acknowledged members of the Military in attendance: Captain Geis with Oceana, Captain Stuppard with Little Creek/Fort Story Joint Expeditionary Base and several MEDAC Members. September 11, 2012 WHEREAS: Admiral John C. Harvey, Jr. was born and raised in Baltimore, Maryland. He graduated from Phillips Exeter Academy in 1969. He was commissioned from the United States Naval Academy in 1973 and immediately commenced training in the Navy's Nuclear Propulsion program. His exemplary service and "dedication to God and Country" have been recognized with numerous promotions and distinguished assignments; WHEREAS: He has served on the USS Enterprise, USS McInerney, USS Nimitz [Reactor Officer], USS Long Beach [Executive Officer], USS David R. Ray, [Commanding Officer], USS Cape St. George and Cruiser Destroyer Group EighMieodore Roosevelt Strike Group. His deployments include the North and South Atlantic, the Mediterranean, Baltic and Red Seas, Western Pacific, Indian Ocean and the Persian Gulf. His shore assignments include two tours at the Bureau of Naval Personnel as the Senior Military Assistant to the Under Secretary of Defense for Policy; Director, Total Force Programming and Manpower Management and as Deputy for Warfare Integration. He is a Surface Warfare Officer. His awards and decorations include the Defense Distinguished Service Medal, Navy Distinguished Service Medal with one gold award star, Legion of Merit with four gold award stars, the Bronze Star, Meritorious Service Medal with four gold award stars, Navy and Marine Corps Commendation Medal as well as the Achievement Medal, Navy "E" Ribbon with three Battle "E" devices, Navy Unit Commendation Ribbon with one Bronze Service Star, Navy meritorious Unit Commendation Ribbon, National Defense Service Medal, Armed Forces Expeditionary Medal and the Southwest Asia Service Medal; WHEREAS: On April 15, 2009, he was promoted by President Barack Obama to the rank- of Admiral, and was subsequently assigned as the 4e, and current, Commander, U. S. Fleet Forces Command, during which period of service he has developed unusually close ties with the City of Virginia Beach. Admiral Harvey joined Virginia Beach Mayor, William D. Sessoms, Jr., in meetings with the Governor of Virginia as well as senior members of the Virginia General Assembly to guarantee Virginia Beach received the necessary state funding to comply with the Base Realignment and Closure [BRAC] effort; and, WHEREAS. Throughout his career, he has been a true Patriot, a Statesman, a Warrior, a Strategic Thinker and a Leader. With his dedication to purpose, during the "Good Friday Miracle" plane crash at the Mayfair Mews apartment complex in Virginia Beach, Admiral Harvey was on-site ensuring the Navy did everything possible to save lives and accommodate the needs of those affected by the crash. He was also very generous in his praise of the "First Responders". NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize Admiral John C. Harvey, Jr. and to thank him for the tremendous contribution he has made to ensure "Virginia Beach is the best City in the world in which to live, work and play'; and, BE IT FURTHER RESOLVED: That all citizens recognize Admiral Harvey's exemplary military service and that this day be commemorated as: ADMIRAL JOHN C. HARVEY, JR. DAY Given under our hands and seals this Eleventh day of September, Two Thousand Twelve, Councibnan Glenn -R. Davis Cou iGnaniliarn � Gr Robert M. `B PDyer CouL IL di, Cot aGnan john E. Ugrin Ca -ilLa ly Nue Mayor L1 -is . Jones Item—VI-H.2 MAYOR'S PRESENTATION -28- ITEM #62191 MUSEUM OF CONTEMPORARYART Steve Test, Chairman of the Board of Trustees Debi Gray, Executive Director Mayor Sessoms introduced and welcomed Steve Test, Chairman of the Board of Trustees, and Debi Gray, Executive Director. Mr. Test stated the Museum of Contemporary Art (MOCA) is one of the best public/private partnerships. MOCA strives to promote and foster significant art of our time. Opinions can vary on what "significant art" might be, everyone should agree that art is important. This was the 52"d Annual Boardwalk Art Show, which is ranked 34`x' in Outdoor Art Shows out of 200. Two years ago, MOCA completed the certification program and became accredited. MOCA is one out of ten art museums in the Commonwealth that is accredited. One year ago, MOCA changed their web -site and profile in order to promote the program. MOCA hosts over 1,000 art programs each year with approximately 800 geared towards youth. Ms. Gray advised MOCA hosted the debut of the Andy Warhol. In 86 days, nearly 20,000 visitors attended the MOCA. Education is core to MOCA's mission. Membership has grown by 16,000 and their social media database grew by 10%. MOCA would not be the success it is without the City's support and she expressed her sincere gratitude to the Mayor and Members of City Council. The Mayor thanked Mr. Test and Ms. Gray for their attendance and all of the wonderful work that is happening at MOCA. September 11, 2012 Item—VI-I.11a PUBLIC HEARING -29- ITEM #62192 Mayor Sessoms DECLARED A PUBLIC HEARING: ACQUISITION OF PROERTIES BYAGREEMENT OR CONDEMNATION a. Princess Anne and Gum Bridge Roads There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 11, 2012 Item—VI-I.2alb/c PUBLIC HEARING -30- ITEM #62193 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASESES OF CITY -OWNED PROPERTY a. Cutis Wolfarth North Landing Road (formerly Brown Farm) b. R. W. White Farm, LLC New Bridge Road (formerly New Bridge Road Farm) c. Dawley Family Farms, LLC Indian River Road (formerly Rock Church Property) There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 11, 2012 Item—VI-L3a/b PUBLIC HEARING -31- ITEM #62194 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EASEMENTS a. North Landing Road Rock Ministries, Inc. b. Landstown Road Kempsville Presbyterian Church There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 11, 2012 -32 - ADOPT AGENDA FOR FORMAL SESSION ITEM #62195 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 11, 2012 Item -VI-J ORDINANCES/RESOLUTIONS -33 - ITEM #62196 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items I (DEFFERED TO 10109/2012), 4, 5alb/c%/f, 7, 8a/b and 9. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D, James L. Wood Council Members Voting Nay: None Council Members Absent: None Sessoms, "Bill" DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and September 11, 2012 -34 - Item -VI -J.1 ORDINANCES/RESOL UTIONS ITEM #62197 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO OCTOBER 9, 2012, BY CONSENT, Ordinance to AMEND Section 7-25 of the City Code re registration of personal assistive mobility devices (Golf Carts) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 -35 - Item -VI -J.2 ORDINANCES/RESOLUTIONS ITEM #62198 The following individual registered to speak: Barbara Messner spoke in OPPOSITION stating one week is not enough time to adequately research the Town Center Phase V project scheduled for the Agenda on September 18`x". Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, Resolution to MOVE the September 25, Regular Meeting of City Council to September 18, 2012, and the Workshop of that date to 2:00 P.M. September 25, 2012 Voting: 10-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None September 11, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION MOVING THE SEPTEMBER 25, 2012, REGULAR MEETING OF THE CITY COUNCIL TO SEPTEMBER 18, 2012 WHEREAS, the City Code provides the regular formal meetings of City Council shall be held in the Council Chambers of the City Hall Building on the second and fourth Tuesdays of each month at 6:00 p.m.; and WHEREAS, state law provides that a regular meeting of the City Council may be scheduled for a day other than the usual day upon adoption of a resolution and providing public notice; and WHEREAS, at its workshop session on August 21, 2012, the Council expressed its intention of moving the second regular meeting of September to September 18th; and WHEREAS, in lieu of holding a third regular meeting in September, the Council will schedule a workshop session on September 25th NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, THAT: 1. The regular City Council meeting scheduled for September 25, 2012, shall be held on September 18, 2012. 2. The time and location for the City Council Formal Session shall remain at 6 p.m. and City Council Chambers. 3. The agenda setting the time and schedule of the Informal Session shall be provided in the same manner as this information is normally provided. 4. The City Clerk shall post a copy of this resolution on the door of the City Council Chambers from the date of adoption until 6pm on September 18th. Adopted by the City Council of the City of Virginia Beach, Virginia, this 11 th day of September , 2012. APPROVED AS TO LEGAL SUFFICIENCY: l City At y's Office CA12376 R-1 September 4, 2012 -36 - Item -VI -J.3 ORDINANCESIRESOL UTIONS ITEM #62199 The following individual registered to speak: Barbara Messner spoke in OPPOSITION stating the City should fix basic transportation. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, the Resolution to SUPPORT the reservation of right-of-way dedicated to high speed rail as part of the Route 460 corridor improvements project Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 1 A RESOLUTION TO SUPPORT THE RESERVATION OF 2 RIGHT-OF-WAY DEDICATED TO HIGH SPEED RAIL AS A 3 PART OF THE U.S. ROUTE 460 CORRIDOR 4 IMPROVEMENTS PROJECT 5 6 WHEREAS, the Virginia Department of Transportation (VDOT) is developing a 7 project designated as the U.S. Route 460 Corridor Improvements Project (the "Project"); 8 and 9 10 WHEREAS, the Project entails the construction of approximately 55 miles of four - 11 lane divided limited access highway between Petersburg and Suffolk Virginia; and 12 13 WHEREAS, the Project will provide many benefits to the City and Hampton 14 Roads Region including increasing vehicular capacity in the event of a hurricane 15 evacuation or other emergency; and 16 17 WHEREAS, in addition to facilitating the movement of motor vehicles, the Project 18 will enhance the competitiveness of the Port of Virginia and foster the growth of 19 manufacturing and distribution networks; and 20 21 WHEREAS, to avoid conflicts between the movement of freight and passenger 22 trains and to provide for a transportation alternative to congested roadways, the Project 23 should include reserved right-of-way dedicated to the future development of high speed 24 rail; and 25 26 WHEREAS, the City Council recognizes planning in advance is vital to the future 27 development of high speed rail in the U.S. Route 460 Corridor. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, THAT: 31 32 The City Council supports the reservation of right-of-way dedicated to high speed rail 33 as a part of the U.S. Route 460 Project. Adopted by the City Council of the City of Virginia Beach, Virginia, this 11th day of September 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City ManAWs Office ffi CA12377 R-1 September 4, 2012 -37 - Item -VI -J.4 ORDINANCES/RESOLUTIONS ITEM #62200 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to REDEFINE the scope and work of "ARC Flash Mitigation " re hazardous ARCflash points identified by the review and analysis performed in this project Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A RESOLUTION RE -DEFINING THE SCOPE AND WORK OF CAPITAL PROJECT #3-508, "ARC FLASH MITIGATION" WHEREAS, CIP #3-508, "ARC Flash Mitigation," was establish to identify hazardous arc flash points in City buildings; WHEREAS, the contract issued to complete these services came in lower than originally estimated; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the original project scope of CIP #3-508, "ARC Flash Mitigation," is hereby re- defined to include the authorization for the design and construction of changes to mitigate hazardous arc flash points identified by the review and analysis performed in this project. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of September .2012. APPROVED AS TO CONTENT: Department of P461ic Works APPROVED AS TO CONTENT: Management Services CA12374 R-1 August 28, 2012 rte' APPROVED AS TO LEGAL SUFFICIENCY: ;ea7444W C�= City Attorney's Office Item-VI-J.5a/b/c%/f ORDINANCES/RESOLUTIONS ITEM #62201 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE: a. Lease with Dawley Family Farms, LLC on Indian River Road b. Lease with R. W. White Farm, LLC on New Bridge Road c. Lease with Curtis Wolfarth on North Landing Road e. Amendment No. 4 to the Multi -Year Agreement between the (U.S. Navy) and the City to prevent encroachment and incompatible development in the vicinity of Naval Air Station Oceana re AICUZ contours f. Memorandum of Understanding with the Virginia Motor Vehicles re multi -trip overweight permits Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR THREE (3) 3 YEARS WITH DAWLEY FAMILY FARMS, LLC FOR 4 A 60 -ACRE PORTION OF CITY -OWNED 5 PROPERTY LOCATED AT 2865 INDIAN RIVER 6 ROAD IN THE CITY OF VIRGINIA BEACH. 7 8 WHEREAS, as part of the APZ-1 Use and Acquisition Plan adopted 9 December 20, 2005, the City of Virginia Beach (the "City") acquired on November 10 23, 2011 a 792 -acre parcel of land located along at 2865 Indian River Road 11 (GPINs 1493-11-6571 and 1493-21-8107), formerly known as the Rock Church 12 Parcel, from Rock Ministries, Inc. (the "City Property"); 13 14 WHEREAS, the City funded the acquisition of the City Property through a 15 partnership with the Commonwealth of Virginia (the "Commonwealth") pursuant 16 to the Oceana and Interfacility Traffic Area Conformity and Acquisition Program; 17 18 WHEREAS, the City proposes to lease a 60 -acre portion of farm land on 19 the City Property, as shown on the attached location map (the "Premises"); 20 21 WHEREAS, a Request for Proposal (the "RFP") for the lease of the 22 Premises was advertised in The Virginian -Pilot as well as on the City of Virginia 23 Beach website and City staff has reviewed the responses; 24 25 WHEREAS, Dawley Family Farms, LLC, desires to lease the Premises 26 from the City for a term of three (3) years, with two (2) one-year renewal options, 27 for $4,500.00 per year; and 28 29 WHEREAS, the Premises will be utilized as farm land and for no other 30 purpose. 31 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 33 CITY OF VIRGINIA BEACH, VIRGINIA: 34 35 1. That the City Manager is hereby authorized to execute a lease for 36 the term of three (3) years, with two (2) one-year renewal options, between 37 Dawley Family Farms, LLC and the City for the Premises in accordance with the 38 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and 39 such other terms and conditions or modifications as may be acceptable to the 40 City Manager and in a form deemed satisfactory by the City Attorney. 41 42 2. That revenue from the lease of the Premises in the amount of 43 $4,500 shall be received and fifty (50) percent of this amount shall be 44 appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and 45 Acquisition, and fifty (50) percent shall be deposited for future payment by the 46 City Manager to refund the Commonwealth's portion in accordance with the grant 47 agreement. A manual encumbrance will be established to ensure that the $2,250 48 retained by the City will be available for BRAC program acquisitions in future 49 years per the agreement with the Commonwealth. 50 51 Aftted t�y the Council of the City of Virginia Beach, Virginia on the 11th 52 day of Aftted er , 2012 CA12393 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d028\p015\00036195.doc 8/28/12 APPROVED AS TO CONT/ENT: Public Works Facilities Management '' oav Management Services APPROVED AS TO LEGAL SUFFICIENCY AND FORM: WC( ti1w4tW 7✓11 City Attorney EXHIBIT A SUMMARY OF TERMS LEASE FOR 60 ACRES OF CITY -OWNED PROPERTY LOCATED AT 2865 INDIAN RIVER ROAD AND COMMONLY KNOWN AS THE ROCK CHURCH PARCEL LESSOR: City of Virginia Beach (the "City") LESSEE: Dawley Family Farms, LLC PREMISES: 2865 Indian River Road; portion of GPINs 1493-11-6571 and 1493-21-8107 Approximately 60 Acres TERM: 3 -Year Lease with Two 1 -Year Renewals RENT: $4,500 per year ($75 per acre) for the three-year term and each renewal term RIGHTS AND RESPONSIBILITIES OF LESSEE: Use Premises for agricultural purposes, and for no other purpose • Maintain the property, ditches and access roads. Maintain the security of the area to deter illegal dumping. • Maintain general liability insurance in a minimum amount of $500,000 RIGHTS AND RESPONSIBILITIES OF CITY: • Reserve the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes • The renewal options would be at the mutual discretion of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 180 days' advance written notice • • - f c Az Indian Cove j Is { IJ t _ p' a ! vJ • • - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR THREE (3) YEARS WITH R.W. WHITE FARM, LLC FOR A 23 - ACRE PORTION OF CITY -OWNED PROPERTY LOCATED ON NEW BRIDGE ROAD IN THE CITY OF VIRGINIA BEACH. WHEREAS, as part of the Open Space Site Acquisition Program, the City of Virginia Beach (the "City") acquired on May 31, 2006 a 36 -acre parcel of land located along New Bridge Road (Parcel X-1, GPIN 2413-71-0580), from Inez White (the "City Property"); WHEREAS, the City proposes to lease a 23 -acre portion of farm land on the City Property, as shown on the attached location map (the "Premises"); WHEREAS, a Request for Proposal (the "RFP") for the lease of the Premises was advertised in The Virginian -Pilot as well as on the City of Virginia Beach website and City staff has reviewed the responses; WHEREAS, R.W. White Farm, LLC, desires to lease the Premises from the City for a term of three (3) years, with two (2) one-year renewal options, for $1,380.00 per year; WHEREAS, the Premises will be utilized as farm land and for no other purpose; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager is hereby authorized to execute a lease for the term of three (3) years, with two (2) one-year renewal options, between R.W. White Farm, LLC and the City for the Premises in accordance with the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such other terms and conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of September _,2012 CA12394 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d030\p013\00036466.doc 8/28/12 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S FFICIENCY AND FORM: Public WorkW1 City Attor ey Facilities Management EXHIBIT A SUMMARY OF TERMS LEASE FOR 23 ACRES OF CITY -OWNED PROPERTY LOCATED ALONG NEW BRIDGE ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: R.W. White Farm, LLC PREMISES: New Bridge Road, portion of Parcel X-1, GPIN 2413-71-0580 Approximately 23 -Acres TERM: 3 -Year Lease with Two 1 -Year Renewals RENT: $1,380 per year ($60 per acre) for the three year term and each renewal term RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, and for no other purpose • Maintain the property, ditches and access roads. Maintain the security of the area to deter illegal dumping. Maintain general liability insurance in a minimum amount of $500,000 RIGHTS AND RESPONSIBILITIES OF CITY: • Reserve the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes • The renewal options would be at the mutual discretion of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 180 days' advance written notice 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR THREE (3) YEARS WITH CURTIS WOLFARTH FOR A 395 - ACRE PORTION OF CITY -OWNED PROPERTY LOCATED ON NORTH LANDING ROAD IN THE CITY OF VIRGINIA BEACH. WHEREAS, as part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach (the "City") acquired on August 23, 2011 a 516 -acre parcel of land located along North Landing Road (GPINs 1494-02-1476, 1494-03-5237, 1494-13-7202, 1484-81-7296, 1484-71-9043 and 1484-71-2633), formerly known as the Brown Farm, from Kempsville Presbyterian Church (the "City Property"); WHEREAS, the City funded the acquisition of the City Property through a partnership with the Commonwealth of Virginia (the "Commonwealth") pursuant to the Oceana and Interfacility Traffic Area Conformity and Acquisition Program; WHEREAS, the City proposes to lease a 395 -acre portion of farm land on the City Property, as shown on the attached location map (the "Premises"); WHEREAS, a Request for Proposal (the "RFP") for the lease of the Premises was advertised in The Virginian -Pilot as well as on the City of Virginia Beach website and City staff has reviewed the responses; WHEREAS, Curtis Wolfarth, desires to lease the Premises from the City for a term of three (3) years, with two (2) one-year renewal options, for $49,375.00 per year; and WHEREAS, the Premises will be utilized as farm land and for no other purpose. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager is hereby authorized to execute a lease for the term of three (3) years, with two (2) one-year renewal options, between Curtis Wolfarth and the City for the Premises in accordance with the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such other terms and conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 2. That revenue from the lease of the Premises in the amount of $49,375 shall be received and fifty (50) percent of this amount shall be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty (50) percent shall be deposited for future payment by the 47 City Manager to refund the Commonwealth's portion in accordance with the grant 48 agreement. A manual encumbrance will be established to ensure that the 49 $24,687.50 retained by the City will be available for BRAC program acquisitions 50 in future years per the agreement with the Commonwealth. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th 53 day of September , 2012 CA12393 R-1 \\vbgov.com\dfs I \applications\citylawprod\cycom32\wpdocs\d030\p013\00036451 .doc 8/28/12 APPROVED AS TO C NT/ENT: Public VVorkfWl Facilities Management kiDuiA '�fAle�- b�,'(aacY1 Management Services APPROVED AS TO LEGAL SUFFICIE CY AND FORM: G �C CC �- w622�Lc`��r/ �-1 vG► City Attorney EXHIBIT A SUMMARY OF TERMS LEASE FOR 395 ACRES OF CITY -OWNED PROPERTY LOCATED OFF NORTH LANDING ROAD AND COMMONLY KNOWN AS THE BROWN FARM LESSOR: City of Virginia Beach (the "City") LESSEE: Curtis Wolfarth PREMISES: North Landing Road; portion of GPINs 1494-02-1476, 1494-03- 5237, 1494-13-7202, 1484-81-7296, 1484-71-9043 and 1484- 71-2633 Approximately 395 -Acres TERM: 3 -Year Lease with Two 1 -Year Renewals RENT: $49,375 per year ($125 per acre) for the three-year term and each renewal term RIGHTS AND RESPONSIBILITIES OF LESSEE: Use Premises for agricultural purposes, and for no other purpose Maintain the property, ditches and access roads. Maintain the security of the area to deter illegal dumping Maintain general liability insurance in a minimum amount of $500,000 RIGHTS AND RESPONSIBILITIES OF CITY: Reserve the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes The renewal options would be at the mutual discretion of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 180 days' advance written notice 0 rI 0 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AMENDMENT NO. 4 TO 3 THE MULTI-YEAR AGREEMENT BETWEEN THE 4 UNITED STATES OF AMERICA AND THE CITY TO 5 PREVENT ENCROACHMENT AND INCOMPATIBLE 6 DEVELOPMENT IN THE VICINITY OF NAVAL AIR 7 STATION OCEANA (NAS OCEANA) APPROVED BY 8 ORD -3000B AND ORD -3178D 9 10 11 WHEREAS, as authorized by Ordinance 3000B, adopted by the City Council on 12 September 25, 2007, the United States of America, Department of the Navy (the 13 "Navy") and the City entered into a Multi -Year Agreement on September 27, 2007, in 14 which the Navy and the City agreed that the City would convey to the Navy restrictive 15 easements over property the City acquires in the Interfacility Traffic Area (the "ITA"), 16 and the Navy would pay the lesser of the fair market value of the easement or 50% of 17 the City's acquisition cost of the ITA properties (the "Encroachment Partnering 18 Agreement"); 19 20 WHEREAS, the Encroachment Partnering Agreement provided that the Navy 21 would supply initial funding in the amount of $3,000,000 and that additional funds were 22 being sought and would be accomplished by a modification of the Encroachment 23 Partnering Agreement; 24 25 WHEREAS, as authorized by Ordinance ORD -3053C, adopted by the City 26 Council on September 23, 2008, the City and the Navy modified Encroachment 27 Partnering Agreement (Amendment No. 1) to increase the Navy's intended obligation 28 from $3,000,000 to approximately $7,072,050, or to the extent additional funds were 29 approved by the federal government; 30 31 WHEREAS, as authorized by Ordinance ORD -3178D, adopted on May 11, 2011, 32 the City and the Navy further modified the Encroachment Partnering Agreement to 33 remove the funding limitation from the Agreement, to the extent that federal funds are 34 appropriated, to streamline the appraisal terms, and to include additional area to be 35 covered by the Agreement, specifically the area south of Indian River Road, within the 36 contours of the Air Installations Compatible Use Zones (AICUZ), which area is 37 preliminarily being called the Rural AICUZ Area ("RAA"), for the sale of easements to 38 the Navy, as has been done in the ITA; 39 40 WHEREAS, the City and the Navy wish to further modify the Encroachment 41 Partnering Agreement to extend the Agreement for an additional eighteen (18) months 42 until March 31, 2014, and to streamline the survey terms to allow the City and the Navy 43 to use one land survey of the parcel, and to allow the Navy and City to each contribute 44 50% of the cost of any such survey. 45 46 WHEREAS, all of the other terms of the Encroachment Partnering Agreement will 47 remain the same; and 48 49 WHEREAS, the City Council finds that amending the Encroachment Partnering 5o Agreement is in accordance with the City's ongoing efforts to partner with the Navy to 51 retain NAS Oceana as the East Coast Master Jet Base and is an effective means of 52 accomplishing the shared goal of preventing future encroachment around the bases. 53 54 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA: 56 57 That the City Manager is hereby authorized to execute Amendment No. 4 to the 58 Encroachment Partnering Agreement to the extent such modifications are in substantial 59 conformity with the Summary of Terms attached hereto and incorporated herein and 60 such other terms, conditions or modifications as may be acceptable to the City Manager 61 and in a form deemed satisfactory by the City Attorney. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 64 11th day of September , 2012. CA12392 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d021 \p014\00035065.doc 8/29/12 R-1 APPROVED AS TQ CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning1pepartment City Att y's 6ffic SUMMARY OF TERMS OF AMENDMENT NO.4 TO THE MULTI-YEAR AGREEMENT BY AND BETWEEN THE UNITED STATES OF AMERICA AND CITY OF VIRGINIA BEACH, VIRGINIA, DATED SEPTEMBER 27, 2007 (the "Encroachment Partnering Agreement") Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Terms of Amendment No. 4: Amends the Encroachment Partnering Agreement to: Extend the Agreement for eighteen months, until March 31, 2014. o Allow the City and the Navy to obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. • All other terms of the Encroachment Partnering Agreement, as previously amended, remain the same. \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d021 \p014\00035067.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES FOR THE ISSUANCE OF MULTI -TRIP PERMITS WHEREAS, the City currently issues all local overweight/oversized permits and deems it beneficial to continue issuing such permits on and after January 1, 2013; and WHEREAS, effective January 1, 2013, Code of Virginia § 46.2-1139.A.1. localities are required to enter into an agreement with the Commissioner of the Department of Motor Vehicles if that locality intends to continue its overweight/oversize vehicle permit issuing program; and WHEREAS, under this new program, the Department of Motor Vehicles will only issue the multi -trip permits on behalf of the City, and the City will continue to issue super load and single -trip permits; and WHEREAS, under this new program, the Department of Motor Vehicles collect permit fees and remit these fees to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the accompanying Memorandum of Understanding between the City and the Virginia Department of Motor Vehicles is approved and that the City Manager is directed to execute said Agreement on behalf of the City of Virginia Beach. Adopted by the council of the City of Virginia Beach, Virginia, on the 11 th day of September , 2012. APPROVED AS TO CONTENT: Police Department APPROVED AS TO LEGAL SUFFICIENCY: CA12365 R-4 September 4, 2012 APPROVED AS TO CONTENT: SUMMARY OF MATERIAL TERMS 1. Purpose — Provides better customer service for those seeking multi -trip permits for travel on city streets. Allows the City to maintain multi -trip permit issuing authority for overweight vehicles using local streets, but provides such permits application will be submitted to and issued by the Virginia Department of Motor Vehicles. Localities must meet specified minimum standards prior to the DMV entering into this agreement. The City of Virginia Beach has met the minimum standards and has been approved by DMV. 2. Memorandum of Understanding - An agreement between the City of Virginia Beach and the Virginia Department of Motor Vehicles required under the provision of Code of Virginia §46.2-1139.A1. Under this agreement the DMV will receive applications for and issue multi - trip permits allowing travel on local city streets. The City will still receive the funds generated by the issue of the permit. 3. Term - This MOU remains in effect until terminated by either party, or by conflicting State or Federal law. 4. Duties of City under the Agreement — Locality shall provide DMV with the necessary assistance, and cooperation required for DMV to issue multi -trip permits on behalf of Locality. Locality acknowledges and agrees to the provisions below. a. Locality shall have applications for each permit type available online. b. Locality shall have designated telephone and fax lines to address permit requests and inquiries. C. Locality shall have at least one staff member whose primary function is to issue permits (at least one employee with the authority to issue permits). d. Locality shall have one or more engineers on staff or contracted to perform bridge inspections and provide analysis for overweight vehicles. e. Locality shall maintain maps (or lists) indicating up-to-date vertical and horizontal clearance locations and limitations. f. Locality shall provide to DMV an emergency contact phone number and assign a staff person who is authorized to issue the permit or authorized to make a decision regarding the permit request at all times (24 hours a day, seven days a week). (For purposes of this agreement, "emergency" shall mean the same as that term is defined in 24 Va. Admin. Code § 20-81-190.) g. Locality shall process a "standard permit" for a "standard vehicle" by the next business day after receiving the completed permit application. Locality shall define "standard vehicle" and "standard permit" and provide DMV with those definitions. All other requests for permits shall be processed within 10 business days. h. Locality shall retain for at least 36 months all permit data it collects. i. Locality shall maintain an updated list of all maintenance and construction projects (affecting travel lanes on a roadway) within that locality. The list shall provide starting and ending locations and dates for each project, and shall be updated as those dates change. j. Locality shall maintain a list of restricted streets. This list shall indicate all times of travel restrictions, oversize restrictions, and weight restrictions for streets within the locality's jurisdiction. k. Locality shall provide DMV with the maximum single axle weight, tandem axle weight, and gross weight for which DMV may issue multi -rip permits. 1. To the extent not covered by this section, Locality agrees to provide to DMV any and all information within Locality's dominion and control that is necessary for DMV to issue multi -trip permits on behalf of Locality. All information provided by Locality to DMV under this Agreement shall be in portable document format (.pdf) or alternative form and format acceptable to DMV. 5. Duties of DMV under the Agreement — DMV shall provide Locality with the necessary, assistance, and cooperation required for DMV to issue multi -trip permits on behalf of Locality. Locality acknowledges and agrees to the provisions below. a. DMV shall issue multi -trip permits in accordance with the standards provided by Locality. b. DMV shall remit Locality's permit fee to Locality within thirty (30) days of receipt of such fee from a customer purchasing a Locality permit through DMV. DMV shall provide appropriate reports to Locality for purposes of accounting and reconciliation. C. DMV shall retain information on permits issued by DMV on behalf of Locality for at least thirty six (36) months. d. DMV staff shall be available 24 hours a day, seven days a week to respond to Locality issues with permits issued by DMV. e. DMV shall only issue multi -trip permits on behalf of Locality when such permits include travel over roads controlled by the Commonwealth. MEMORANDUM OF UNDERSTANDING FOR THE ISSUANCE OF MULTI -TRIP PERMITS BETWEEN THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES AND LOCALITIES THIS MEMORANDUM OF UNDERSTANDING (the "Agreement") is made and entered into this _ day of , 2012, by and between the Virginia Department of Motor Vehicles ("DMV") and The City of Virginia Beach ("Locality"). WHEREAS, Va. Code § 46.2-1139 authorizes localities to issue permits authorizing applicants to operate on a highway a vehicle of a size or weight exceeding the maximum specified in Title 46.2 of the Virginia Code. WHEREAS, Va. Code § 46.2-1139(A)(1) requires that any locality that has withdrawn its roads from the secondary system of state highways and opts to issue permits under Article 18 of Chapter 10 of Title 46.2 of the Code of Virginia must enter into an agreement with the Commissioner of DMV. WHEREAS, the Code of Virginia vests local governments with the authority to issue permits over their roadways. WHEREAS, a proliferation of local permit programs could impede the movement of freight through the Commonwealth without a mechanism for centrally issuing permits. WHEREAS, for DMV to issue multi -trip permits that are valid on locally maintained roads, the Commonwealth must be sure that the information regarding the local infrastructure is reliable. NOW, THEREFORE, WITNESSETH THIS MEMORANDUM OF UNDERSTANDING AND AGREEMENT: Article 1 General Provisions 1.1 Term. The term of the Agreement shall continue until the enactment of any Virginia or federal law that makes the Agreement unlawful or until the Agreement is terminated by either party. This Agreement may be terminated by either party at any time, for any reason upon thirty (30) days written notice to the other party. DMV may suspend performance under this Agreement immediately if Locality breaches or fails to fulfill any responsibility established pursuant to Section 2.1 of this Agreement. DMV shall provide written notice of the suspension and Locality shall then have thirty (30) days to cure the breach. If Locality fails to cure the breach within thirty (30) days, DMV may terminate this Agreement. DMV may immediately suspend Locality's access to DMV's system for any breach or failure to fulfill any responsibility under Section 1.15. 1.2 Primary Purpose. The primary purpose of this Agreement is to establish the respective duties of the parties to ensure the successful operation of the oversize/overweight permit issuance program. For purposes of this Agreement, "oversize/overweight permit issuance program" refers to the process of issuing permits under Va. Code § 46.2-1139. 1.3 Relationship of the Parties. DMV and Locality agree to continue their strong cooperative relationship to further promote the success of, and facilitate improvements in, the hauling permit issuance process. The parties may meet and confer at any time upon the request of either party to address issues arising under the Agreement. 1.4 Scope. The scope of this Agreement shall include all information and matters related to the oversize/overweight permit issuance program. 1.5 Contacts. For operational and administrative questions or concerns, contact the following individuals. DMV and Locality agree that should any of the below -listed individuals leave their current position with the respective party, such party shall appoint a new contact and notify the other party within ten (10) business days of the former contact's date of separation from his or her current position. Michael Baxter, Director Motor Carrier Size and Weight Services (804) 367-0062 michael.baxter@dmv.virginia.gov Department of Motor Vehicles 2300 West Broad Street Mark Steward Permit Tech (757) 385-4211, Option 3 _ mstewart@vbgov.com City of Virginia Beach - Permits & Inspections 2405 Courthouse Drive, Bldg 2, Room 100 Richmond, Virginia 23269 Virginia Beach, VA 23456 1.6 Amendments. The parties shall amend the Agreement only by written instrument signed and dated by both parties. All amendments shall be incorporated and made a part of the Agreement, and attached hereto. The Agreement is subject to any and all restrictions, limitations, or conditions under Virginia or federal law. 1.7 Assignment. The parties shall not assign the Agreement or any right, obligation, or liability under the Agreement without the prior written consent of the other party to the Agreement. The Agreement confers no rights or remedies on any third party, other than the parties to the Agreement and their respective successors and permitted assigns. 1.8 Severability. The provisions of this Agreement shall be deemed severable, and should any one or more of such provisions be declared or adjudged to be invalid or unenforceable, the remaining provisions shall be unaffected thereby and shall remain in full force and effect. 1.9 Titles and Headings. Titles and headings are inserted in the Agreement for reference purposes only and shall not be used to interpret the Agreement. 1.10 Merger. The Agreement and the amendments or exhibits attached hereto contain the entire agreement of the parties with respect to the subject matter of this Agreement. 1.11 Waiver. The failure by either of the parties to require performance of any provision of the Agreement shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach of this Agreement constitute a waiver of any subsequent breach or a waiver of the provision itself. 1.12 Governing Law and Venue. This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Any litigation arising under or related to this Agreement shall be brought in Richmond Circuit Court. 1.13 Personnel and Resources. DMV and Locality agree to commit adequate personnel and resources to uphold their respective duties and responsibilities under the Agreement. Each party shall bear its own costs of performing its duties under this Agreement. 1.14 Subject to Appropriation. Notwithstanding any provision of this Agreement to the contrary, the parties shall be liable under this agreement, financially and otherwise, only to the extent that funds are appropriated to the party. 1.15 Information Security Requirements a) Scope. The security requirements presented apply to the people, processes, and equipment involved with or used for the issuance of multi -trip permits by DMV on behalf of the Locality, and the Locality's people, processes, and equipment involved with or used for accessing DMV systems and data associated with multi -trip permits issued by DMV on behalf of the Locality. b) Authority. The requirements of this section are developed based on the requirements of ITRM Policy SEC519-00 Information Security Policy and ITRM SEC501-06 Information Security Standard and pursuant to the authority granted by Va. Code § 2.2-2009. c) Security. DMV and Locality shall uphold office security procedures and other operational measures which will assure that DMV and Locality personnel can and will receive, securely store, and accurately account for any and all information or other items of value entrusted to each party. Additionally, each party agrees to establish mutually acceptable methods for any confidential information and records. d) Records and Audit. Locality agrees to maintain all such records and reports related to the use and dissemination of information associated with multi -trip permits issued by DMV on Locality's behalf as may be required from time to time by DMV and/or applicable Virginia or federal law for at least thirty six (36) months. DMV reserves the right to audit Locality to confirm compliance with all requirements in this agreement. Locality shall provide DMV with full access to and the opportunity to examine any records, electronic devices, any reports Locality is required to maintain under this agreement, and/or other materials necessary to perform such audits at reasonable times and places during the term of this agreement and for thirty (30) days thereafter. e) Use and Privacy of Information. DMV will grant employees designated by Locality access to DMV systems for purposes of viewing permit information and financial reports associated with multi -trip permits issued by DMV on behalf of Locality. Locality agrees that information obtained under this agreement may be considered private and confidential and Locality agrees that such information is subject to the restrictions upon use and dissemination imposed by (1) the Federal Drivers Privacy Protection Act (18 USC § 2721 et seq.), (2) the Government Data Collection and Dissemination Practices Act (Va. Code § 2.2-3800 et seq.), (3) the provisions of Va. Code §§ 46.2-208 and 58.1-3, and (4) any successor rules, regulations, or guidelines adopted by DMV with regard to disclosure or dissemination of any information obtained from DMV records or files, and Locality agrees to comply with such restrictions and understands that any violation may result in suspension or termination of access to DMV information in addition to any damages, civil penalties, criminal penalties or other relief permitted pursuant to Virginia law. f} Monitoring Use of Information. Locality agrees to monitor all use of the information obtained from DMV. Locality agrees to immediately report to DMV any incidents of non-compliance with this Agreement, or misuse of information provided under this Agreement by any person or entity. g) Antivirus and Security Patch Requirements. Locality understands and agrees that each and every electronic device used to access the DMV system by Locality must: 1) Have commercially available Antivirus software installed and actively running on the device, and that the Antivirus software must be maintained with up-to-date virus definitions; and 2) Have the latest operating system security patches installed on the device, and that the operating system must be maintained with up-to- date security patches. Article 2 Duties 2.1 Locality Duties. Locality shall provide DMV with the necessary assistance, and cooperation required for DMV to issue multi -trip permits on behalf of Locality. Locality acknowledges and agrees to the provisions below. a) Locality shall have applications for each permit type available online. b) Locality shall have designated telephone and fax lines to address permit requests and inquiries. c) Locality shall have at least one staff member whose primary function is to issue permits (at least one employee with the authority to issue permits). d) Locality shall have one or more engineers on staff or contracted to perform bridge inspections and provide analysis for overweight vehicles. e) Locality shall maintain maps (or lists) indicating up-to-date vertical and horizontal clearance locations and limitations. f) Locality shall provide to DMV an emergency contact phone number and assign a staff person who is authorized to issue the permit or authorized to make a decision regarding the permit request at all times (24 hours a day, seven days a week). (For purposes of this Agreement, "emergency" shall mean the same as that term is defined in 24 Va. Admin. Code § 20-81- 190.) g) Locality shall process a "standard permit" for a "standard vehicle" by the next business day after receiving the completed permit application. Locality shall define "standard vehicle" and "standard permit" and provide DMV with those definitions. All other requests for permits shall be processed within 10 business days. h) Locality shall retain for at least 36 months all permit data it collects. i) Locality shall maintain an updated list of all maintenance and construction projects (affecting travel lanes on a roadway) within that locality. The list shall provide starting and ending locations and dates for each project, and shall be updated as those dates change. j) Locality shall maintain a list of restricted streets. This list shall indicate all times of travel restrictions, oversize restrictions, and weight restrictions for streets within the locality's jurisdiction. k) Locality shall provide DMV with the maximum single axle weight, tandem axle weight, and gross weight for which DMV may issue multi - trip permits. 1) To the extent not covered by this section, Locality agrees to provide to DMV any and all information within Locality's dominion and control that is necessary for DMV to issue multi -trip permits on behalf of Locality. All information provided by Locality to DMV under this Agreement shall be in portable document format (.pdo or an alternative form and format acceptable to DMV. m) Locality shall review and approve the Locality fees and permit restrictions incorporated into DMV's permitting system prior to DMV issuing permits on Locality's behalf under this agreement. n) Excluding emergency restrictions, Locality shall provide DMV with at least sixty (60) days advance written notice of any proposed changes to fees and/or permit restrictions for permits issued by DMV on Locality's behalf. Locality shall review and approve all Locality fee and/or permit restrictions changes incorporated into DMV's permitting system. 2.2 DMV Duties. DMV shall provide Locality with the necessary, assistance, and cooperation required for DMV to issue multi -trip permits on behalf of Locality. Locality acknowledges and agrees to the provisions below. a) DMV shall issue multi -trip permits in accordance with the standards provided by Locality. b) DMV shall remit Locality's permit fee to Locality within thirty (30) days of receipt of such fee from a customer purchasing a Locality permit through DMV. DMV shall provide appropriate reports to Locality for purposes of accounting and reconciliation. c) DMV shall retain information on permits issued by DMV on behalf of Locality for at least thirty six (36) months. d) DMV staff shall be available 24 hours a day, seven days a week to respond to Locality issues with permits issued by DMV. e) DMV shall only issue multi -trip permits on behalf of Locality when such permits include travel over roads controlled by the Commonwealth. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed intending to be bound thereby as of the date above. Department of Motor Vehicles Locality By: Richard D. Holcomb Commissioner -39 - Item -VI-J. Sd ORDINANCES/RESOLUTIONS ITEM #62202 The following individual registered to speak: Barbara Messner spoke in OPPOSITION stating the City should not modem the lease and relocate Social Services into a building already owned by the City. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance to AUTHORIZE the City Manager to EXECUTE: d. Modification of a Lease with the Development Authority re the City's Social Services Building at 3432 Virginia Beach Boulevard Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MODIFICATION OF A 3 LEASE WITH THE CITY OF VIRGINIA BEACH 4 DEVELOPMENT AUTHORITY FOR PROPERTY 5 LEASED TO THE CITY OF VIRGINIA BEACH 6 LOCATED AT 3432 VIRGINIA BEACH BOULEVARD 7 (SOCIAL SERVICES BUILDING) 8 9 WHEREAS, on January 27, 1998, the City of Virginia Beach (the "City") 10 approved the sale of the 5.928 acre parcel of land and improvements located at 11 3432 Virginia Beach Boulevard, Virginia Beach, Virginia (the "Property") to the 12 City of Virginia Beach Development Authority (the "Authority"); 13 14 WHEREAS, on February 1, 1998, the City and Authority executed the 15 Social Services Building Deed of Lease whereby the City leased the Property 16 from the Authority for the purpose of operating a social services building (the 17 "Lease"), and the Lease remains in full force and effect; 18 19 WHEREAS, on February 1, 1998, the Authority issued its City of Virginia 20 Beach Development Authority Lease Revenue Bonds (Social Services Facility) 21 Series 1998, in the original principal amount of $9,800,000 (the 1998 Bonds"), to 22 finance the purchase of the Property; 23 24 WHEREAS, as set forth in the Lease, the City pays to the Authority as rent 25 an amount equal to the principal and interest payments owing under the 1998 26 Bonds; 27 28 WHEREAS, the 1998 Bonds were redeemed by the Authority's City of 29 Virginia Beach Development Authority Public Facility Refunding Revenue Bonds, 30 Series 20128, issued June 20, 2012 (the "2012 Bonds"). As of the date of the 31 issuance of the 2012 Bonds, $3,780,000 of the 1998 Bonds remained 32 outstanding (the "Outstanding Balance"); 33 34 WHEREAS, as a part of its obligations under the 2012 Bonds, the 35 Authority will continue to pay the Outstanding Balance until the end of 2017 when 36 all amounts attributable to the purchase of the Property will be paid in full; 37 38 WHEREAS, the City and Authority desire to amend the terms of the Lease 39 to conform the rent due under the Lease to the payments due for the Outstanding 40 Balance under the 2012 Bonds; and 41 42 WHEREAS, prior to the payment in full of the Outstanding Balance, the 43 City Council desires that this matter be brought before it and the Authority so 44 each body has the opportunity to vote on a new market rate rent for the 45 remainder of the term of the Lease. 46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 47 CITY OF VIRGINIA BEACH, VIRGINIA: 48 49 1. The City Manager, or his authorized designee, is hereby authorized 50 to execute a modification to the Social Services Building Deed of Lease between 51 the City of Virginia Beach Development Authority and the City of Virginia Beach 52 (the "Lease"), so long as such modification is consistent with the Summary of 53 Terms attached hereto as Exhibit A, and made a part hereof, and such other 54 terms, conditions or modifications as may be acceptable to the City Manager and 55 in a form deemed satisfactory by the City Attorney. 56 57 2. The City Manager is directed to bring this matter back before City 58 Council prior to the end of 2017 so that the City Council can determine and 59 approve a market rate rent for the remaining term of the Lease. 60 11th 61 Adopted by the Council of the City of Virginia Beach, Virginia on the 62 day of September2012. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney APPROVED AS TO CONTENT Pubic Wor / Facilities anagement CA12387 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\1)031 \P007\00031020. DOC R-1 August 26, 2012 2 EXHIBIT A SUMMARY OF TERMS MODIFICATION TO THE SOCIAL SERVICES BUILDING DEED OF LEASE Owner: City of Virginia Beach Development Authority. Tenant: City of Virginia Beach. Property: 3432 Virginia Beach Boulevard (GPIN 1487-75-2287) Rent: An amount equal to the principal and interest due under the 2012 Bonds on the Outstanding Balance (as defined in the Ordinance). The 1998 Trust Indenture required rent payments keyed to principal payments as follows: 2012: $575,000 2013: $605,000 2014: $635,000 2015: $670,000 *2016: $0 2017: $1,445,000 However, the redemption of the 1998 Bonds in 2012 included a premium of $150,000 and leveled the principal payments, so the new principal schedule is as follows: 2012: $585,000 2013: $600,000 2014: $615,000 2015: $640,000 2016: $660,000 2017: $680,000 The exact amount of interest will be determined at the time of payment on the terms of the 2012 Bonds (as defined in the Ordinance). Other Terms: All other terms under the Lease shall remain the same. *Unequal payment schedule as provided for in the Indenture of Trust dated February 1, 1998. -40 - Item -VI -J.6 ORDINANCES/RESOLUTIONS ITEM #62203 The following individual registered to speak.- Douglas peak: Douglas Munden, 1377 Princess Anne Road, Phone: 373-1153, spoke in OPPOSITION stating he did not want a turn lane in front of his property. Mr. Munden does not feel that "safety" is an issue; therefore, the turn lane is not needed. Upon motion by Council Lady Henley, seconded by Vice Mayor Jones, City Council ADOPTED, Ordinance to AUTHORIZE acquisition of property in fee simple for right-of-way re Princess Anne and Gum Bridge Roads left turn lane and the acquisition of easements by agreement or condemnation Voting: I1-0 (By Consent) Council Members Voting Aye. Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE PRINCESS 4 ANNE ROAD/GUM BRIDGE ROAD LEFT TURN 5 LANE PROJECT (CIP 2-021.020) AND THE 6 ACQUISITION OF TEMPORARY AND 7 PERMANENT EASEMENTS, EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation within the City and for other related public purposes for the preservation of 13 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 14 people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et sem., Sections 33.1-91, et seg., and Title 21 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements (the "Property"), as shown on the 23 plans entitled "IMPROVEMENTS AT THE INTERSECTION OF PRINCESS ANNE ROAD 24 AND GUM BRIDGE ROAD C.I.P. 2-021.020 PWCN-13-0046,"(the "Project") and more 25 specifically described on the acquisition plats for the Project (plats and plans collectively 26 referred to as the "Plans"), the Plans being on file in the Department of Public Works, 27 Engineering Division, City of Virginia Beach, Virginia. 28 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 31 reasonable offer to the owners or persons having an interest in said Property. If refused, 32 or if the property owners are unable to convey clear title to the Property, the City Attorney is 33 hereby authorized to institute proceedings to condemn said Property. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of 36 September ,2012. CA12389 08/02/12 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d002\p015\00031948.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM �aR PUBLIC ORKS/REAL ESTATE CI TO Y L4 m j Q :u o � C � L o � m n 1. I ' 1110c: ' a m n � 4 Lo "nCZor0 ' -4 is 0 0 4 C) > Zo0 �' a C)Z• Z rm zc L n�rno> Mom -v Q C) 3 (D va z 3 C a -41- Itent-VI-J.7 ORDINANCESMRESOL UTIONS ITEM #62204 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE restrictive easements EXCESS over City -owned properties in the ITA and Rural AICUZ Area; and, AUTHORIZE the City Manager to CONVEY same to the United States Navy Voting: 11-0 (By Consent) Council Members Voting Aye. Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None September 11, 2012 1 2 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER 3 CITY -OWNED PROPERTIES GENERALLY KNOWN AS THE 4 FORMER BROWN FARM AND THE FORMER ROCK MINISTRIES 5 PROPERTIES IN THE INTERFACILITY TRAFFIC AREA (ITA) 6 AND RURAL AICUZ AREA (RAA) TO BE EXCESS PROPERTY 7 AND AUTHORIZE THE CITY MANAGER TO CONVEY SAME TO 8 THE UNITED STATES OF AMERICA 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of a certain 11 properties (the "Properties") located in the Interfacility Traffic Area (the "ITA") and the 12 Rural AICUZ Area ("RAA") in the City of Virginia Beach, Virginia, which Properties are 13 identified as follows: 14 15 Landstown Road, 1494-02-1476, 1494-03-5237, 1494-13-7202, 16 1484-81-7296, 1484-71-9043 and 1484-71-2633, 516.16 Acres 17 18 Landstown Road, 1493-11-6571 and 1493-21-8107, (Total Acreage 19 792.371; Easement over 529.766 Acres) 20 21 22 WHEREAS, on September 27, 2007, the City and the United States of 23 America, Department of the Navy (the "Navy") entered into an agreement (the 24 "Encroachment Partnering Agreement") to partner to acquire property in the ITA; 25 26 WHEREAS, on September 30, 2011, the City and the Navy entered into 27 Amendment Number 3 to the Encroachment Partnering Agreement to include the RAA; 28 29 WHEREAS, on October 9, 2011, the City adopted the Rural AICUZ Area 3o Acquisition Plan as a part of the BRAC Response Program and authorized the City 31 Manager to acquire qualifying properties by voluntary acquisition; 32 33 WHEREAS, the terms and provisions of the Encroachment Partnering 34 Agreement provide that the City will sell to the Navy restrictive easements (the 35 "Restrictive Easement(s)") over property the City acquires in the ITA and the RAA, and 36 in exchange the Navy will pay to the City the fair market value of the Restrictive 37 Easements, up to 50% of the City's acquisition cost of each ITA property; 38 39 WHEREAS, the City acquired the Properties pursuant to the ITA 4o Acquisition Program, the RAA Acquisition Plan, and the APZ-1/Clear Zone Acquisition 41 Program; 42 43 WHEREAS, the City funded the acquisition of the Properties through a 44 partnership with the Commonwealth of Virginia (the "Commonwealth"); 45 46 WHEREAS, the City Council of the City of Virginia Beach finds that the 47 Restrictive Easements over the Properties is in excess of the City's needs and finds that 48 the sale of the Restrictive Easements over the Properties to the Navy, pursuant to the 49 terms of the Encroachment Partnering Agreement entered into in 2007, will allow the 50 City and the Commonwealth to recover up to 50% of the purchase price of the 51 Properties. 52 53 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 54 OF VIRGINIA BEACH, VIRGINIA: 55 56 1. That Restrictive Easements over the following Properties located in the 57 ITA and RAA are hereby declared to be in excess of the needs of the City of Virginia 58 Beach: 59 60 Landstown Road, 1494-02-1476, 1494-03-5237, 1494-13-7202, 61 1484-81-7296, 1484-71-9043 and 1484-71-2633, 516.16 Acres 62 63 Landstown Road, 1493-11-6571 and 1493-21-8107, (Total Acreage 64 792.371; Easement over 529.766 Acres) 65 66 67 2. That the City Manager is hereby authorized to execute any documents 68 necessary to convey the Restrictive Easements over the Properties to the Navy, in 69 substantial conformity with the terms and provisions of the Encroachment Partnering 7o Agreement dated September 27, 2007, as it has been or may be amended, and such 71 other terms, conditions or modifications as are deemed necessary and sufficient by the 72 City Manager and in a form deemed satisfactory by the City Attorney. 73 74 3. That revenue from the sale of the Restrictive Easements in the amount of 75 $5,988,000 shall be received and fifty (50) percent of this amount shall be appropriated 76 to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty 77 (50) percent shall be deposited for future payment by the City Manager to refund the 78 Commonwealth's portion in accordance with the grant agreement. A manual 79 encumbrance will be established to ensure that the $2,994,000 retained by the City will 8o be available for BRAC program acquisitions in future years per the agreement with the 81 Commonwealth. 82 83 This ordinance shall be effective from the date of its adoption. 84 85 11th Adopted by the Council of the City of Virginia Beach, Virginia, on the 86 day of September , 2012. R-1 8/31/2012 CA 11949 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d019\p010\00038789.doc APPROVED AS TO LEGAL SUFFICIENCY a City Att rn Y's r ice APPROVED AS TO CONTENT %i �)aQ i, A ymo A �a" 2L t b. Management Services SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement is 5 years, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi -Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised value of the restrictive easement or 50% of the City's fee simple purchase price, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. \\vbgov.com\dfs 1 \applications\citylawp rod\cycom 32\wpdocs\d019\p010\00038790.doc 95db C .. aF" 75db 95db C 65db 70db aF" 75db ,•• .�,. , t.. x`..` / - - rte... 7 ./ f�,. .•- ,... ... �' � %"�` ":`��. �+ ! r �� ` . r" .,� � �� 11 4 ; 17 f V •w�1r'"�" .. .. t a� f 65db Legend L7 t Location Map for Sale of Restrictive Easements c�Cra� j� n.g- 30.2D12 $1°"" 70db aF" 75db e } Legend L7 t Location Map for Sale of Restrictive Easements c�Cra� j� n.g- 30.2D12 $1°"" -42 - Item -VI-J 8a/b ORDINANCES/RESOLUTIONS ITEM #62205 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: a. $1,359,108 from the U.S. Homeland Security/FEMA, to the Fire Department's Cooperative Agreement Grant re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team b. $20, 000 from FEMA to the Fire Department re mobilization and deployment for Tropical Storm Isaac Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None September 11, 2012 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY AND APPROVE GRANT - 4 FUNDED POSITIONS FOR THE CONTINUED 5 OPERATION OF THE VIRGINIA TASK FORCE 2 6 URBAN SEARCH AND RESCUE TEAM N 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $1,359,108 is hereby accepted from the U.S. Department of Homeland 12 Security, Federal Emergency Management Agency, and appropriated, with federal 13 revenues increased accordingly, to the FY 2012-13 Operating Budget of the Fire 14 Department for the FY 2012-13/2013-14 Cooperative Agreement Grant for continued 15 operation of the Virginia Task Force 2 Urban Search and Rescue Team; and 16 17 2. That 3.25 positions, including two full-time positions (FEMA Program 18 Manager and Account Clerk) and two part-time positions (Training Manager and 19 Logistics Manager totaling 1.25 FTE'S), are approved and maintained in the FY 2012- 20 13 and FY 2013-14 Operating Budgets of the Fire Department, provided, however, that 21 these positions are conditioned upon continued grant funding for the duration of the 22 grant performance period. Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of September 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Is"a. "' Management Services CA12375 R-1 August 29, 2012 APPROVED AS TO LEGAL SUFFICIENCY: 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY RELATED TO DEPLOYMENT FOR TROPICAL STORM ISAAC BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $20,000 in funding from the Federal Emergency Management Administration is hereby appropriated, with estimated federal revenue increased accordingly, to the FY 2012-13 Operating Budget of the Fire Department for mobilization and deployment for Tropical Storm Isaac. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of September , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: JE� 4Q. Y� r"O. utn Management Services CA12373 R-1 August 28, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Ci Office -43 - Item -VI -J.9 ORDINANCES/RESOLUTIONS ITEM #62206 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $136,925 within the Fire Programs/Aid to Localities Grant re fire helmets and related accessories Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None September 11, 2012 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE FIRE DEPARTMENT OPERATING BUDGET TO PURCHASE PROTECTIVE HELMETS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $136,925 is hereby transferred within the Fire Programs/Aid to Localities Grant of the FY 2012-13 Fire Department Operating Budget for the purchase of fire helmets and related accessories. Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of September 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services C+tyAtor ' , ffice CA12372 R-1 August 27, 2012 Item -VI--K PLANNING 1. JOHN N. JOHNSON/JNJENTERPRISES, LLC 2. OCEAN PROPERTIES, LLC/C, ROGER GIBSON 3. TGM REALTY INVESTORS, INC./ TECHNOCENTER ASSOCIATES, LLC 4. BPMS CASCADES, LLC/BPMS CASCADES 2, LLC S. WILSON DRIVER WIDGEON -44 - ITEM #62207 CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATION OF PROFFERS CHANGE OF ZONING September 11, 2012 -45 - Item -VI-K PLANNING ITEM #62208 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items], 2, 3, 4 and S of the PLANNING AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 Item -VI -K.1 PLANNING -46- ITEM #62209 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of JOHN N. JOHNSONIJNJ ENTERPRISES, LLC. for a Conditional Use Permit re bulk storage at Jersey Avenue DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of JOHN N. JOHNSON/JNJ ENTERPRISES, LLC. for a Conditional Use Permit re bulk storage at Jersey Avenue (GPIN 1467847395) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. The site shall be kept in an orderly and tidy manner. 2. No outdoor storage of any kind, other than motor vehicles, shall be permitted. No outdoor storage of equipment, parts, materials or junked vehicles shall be permitted. 3. Any vehicles towed to the storage yard shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five (5) business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five (5) business days. 4. The parking, or storage, of motor vehicles or trailers within the right-of-way shall be prohibited. 5. The Conditional Use Permit is valid for two (2) years from the date of City Council Approval. 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 Eleventh day of September, Two Thousand Twelve September 11, 2012 -47 - Item -VI-K1 PLANNING ITEM # 62209(Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 Item -VI-K2 PLANNING -48 - ITEM #62210 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED BY CONSENT, Application of OCEAN PROPERTIES, LLC/C. ROGER GIBSONfor a Conditional Use Permit re motor vehicle sales, rentals and service at Lynnhaven Parkway DISTRICT 3 — ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of OCEAN PROPERTIES, LLC/C. ROGER GIBSON for a Conditional Use Permit re motor vehicle sales, rentals and service at Lynnhaven Parkway (GPINS 1486909622; 1486909582) DISTRICT 3 — ROSE HALL The following conditions shall be required: The site shall be developed in substantial accordance with the submitted "Conditional Use Site Plan for Proposed Auto and Truck Sales Office for Ocean Properties ", dated 513012012, and prepared by John E. Sirine & Associates, LTD. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be constructed in substantial accordance with the submitted building elevations entitled, "Ocean Properties LLC ", prepared by RDMResidential Designs LLC. Said Plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Vehicles shall be parked within the delineated designated parking spaces areas, and no vehicles shall be parked within any portion of the public right-of-way: Vehicles shall not be displayed on raised platforms and shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 4. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights or banners displayed on the site or the vehicles. 5. No outdoor speakers or public address system shall be permitted. 6. Any new freestanding sign shall be monument style, no higher than eight (8) feet, with a base to match the proposed building in terms of color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign. 7. According to Section 237 of the City Zoning Ordinance (CZO), 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 properties. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 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 Eleventh day of September, Two Thousand Twelve September 11, 2012 Item -VI-K2 PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: -49 - ITEM #62210 (Continued) Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Council Members Abstaining: William R. "Bill" DeSteph September 11, 2012 Item -VI-K3 PLANNING -50 - ITEM # 62211 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/REVISED CONDITIONS, BY CONSENT, Application of TGM REAL TY INVESTORS, INC.ITECHNOCENTER ASSOCIATES, LLC, for a Conditional Use Permit re college, higher education (Stratford University)DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of TGM REALTY INVESTORS, INCYTECHNOCENTER SSOCIATES, LLC, for a Conditional Use Permit re college, higher education (Stratford University)(GPIN 1476780091) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: 1. When the site is developed, it shall be in substantial conformance with the submitted Plan entitled, "Conceptual Plan for Conditional Use Permit, Stratford University, "prepared by Engineering Services, Inc., " Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The limits of land disturbance on the Southwestern portion of the property shall not extend farther than fifteen (15) feet of the edge ofparking lot as depicted on the submitted plans entitled, "Conceptual Plan for Conditional Use Permit, Stratford University, "prepared by Engineering Services, Inc., " Sheets I and 2, have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. When the building is constructed, it shall be in substantial conformance with the submitted elevations entitled, "Stratford University, " prepared by Freeman Morgan Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Furthermore, as provided for by Section 221 (1) of the City Zoning Ordinance (CZO), and based on a finding that there will be no significant detrimental effects on surrounding properties; the maximum height of the building shall not exceed forty seven (4 7) feet. 4. Any new freestanding sign shall be monument style, no higher than eight (8) feet, with abase to match the proposed exterior building color and materials. A landscaped area, a minimum of seventy five (75) square feet, must be installed around the base of any new freestanding sign. 5. Where deficient, Streetscape landscaping shall be installed as set forth and required in the City of Virginia Beach Landscaping Guide. Said plant material, both existing and proposed, shall be depicted on the final Site Plan. 6. In accordance with Section 237 of the City Zoning Ordinance (CZO), 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 properties. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 7. No trash dumpster shall be located along the Southern portion of the parking lot. Any trash dumpster on the site shall be screened as required by the City of Virginia Beach Landscaping Guide. September 11, 2012 -51 - Item -VI-K3 PLANNING ITEM # 62211 (Continued) 8. The maximum number of building -floors shall be three (3) granted by the City Council by a Resolution authorizing the recordation of a Limited Waiver of the restrictions enumerated as part of a Deed recorded in 2001 at Deed Book 4346, Page 1203. Furthermore, the Limited Waiver shall ONLY apply to the maximum number of building floors. All other covenants, conditions, easements and restrictions that are part of said Deed shall remain in force. 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 Eleventh day of September, Two Thousand Twelve Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 Item -VI-K4 PLANNING -52 - ITEM #62212 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED and PROFFERED, BY CONSENT, Application of BPMS CASCADES, LLC/BPMS CASCADES 2, LLC for Modification of Proffers Nos. I and 2 (approved December 12, 2006) to replace the retail uses with residential units at Lynnhaven Parkway and Centerville Turnpike DISTRICT 1 — CENTER VILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BPMS CASCADES, LLC/BPMS CASCADES 2, LLC for Modification of Proffers Nos. I and 2 (approved December 12, 2006) to replace the retail uses with residential units at Lynnhaven Parkway and Centerville Turnpike (GPINS 1454981390; 1454985427) DISTRICT I — CENTERVILLE The following conditions shall be required: ADDED PROFFER 1. Notwithstanding restrictions contained in the Original Proffers, or First Amendment, the Grantor is hereby authorized to use all or a portion of the first floor of the building identified as Building "I " on the Concept Plan (as defined in the First Amendment) for multi family residential uses, in addition to the office and retail uses. ADDED PROFFER 2. All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated by reference. The existing proffers from the 2008 Modification will remain in place: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 Prepared by and return to: Troutman Sanders LLP 222 Central Park Avenue, Suite 2060 Virginia Beach, Virginia 23462 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS THIS SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Second Amendment"), made this 30day of 'T 2012, between BPMS CASCADES, LLC, a Virginia limited liability compan ; BPMS CASCADES 2, LLC, a Virginia limited liability company (together the "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of the real property described on Exhibit A attached hereto (the "Property"); and WHEREAS, in December of 2006, the City of Virginia Beach conditionally re -zoned the Property subject to certain proffered covenants, restrictions, and conditions set forth in the "Proffered Covenants, Restrictions and Conditions", dated June 28, 2006, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as instrument number 20061214001861770 (the "Original Proffers"); and WHEREAS, in February of 2008, the City of Virginia Beach replaced and superseded the Original Proffers by a "First Amendment to Proffered Covenants, Restrictions and Conditions," dated October 30, 2007, and recorded in the Clerk's Office as instrument number 20080219000174230 (the "First Amendment"); and WHEREAS, the Property was subsequently re -subdivided pursuant to a plat recorded in the Clerk's office as instrument number 20081222001437960; and WHEREAS, Grantor desires to amend and modify several of the covenants, restrictions, and conditions set forth in the Original Proffers and First Amendment; and WHEREAS, the conditions set forth in the Original Proffers and First Amendment 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 GPIN: 1454-98-1390-0000; 1454-98-5427-0000 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 of 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 quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, and hereby covenants and agrees that the terms of this declaration shall constitute covenants running with the said 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. Notwithstanding restrictions contained in the Original Proffers or First Amendment, the Grantor is hereby authorized to use all or a portion of the first floor of the building identified as Building "1" on the Concept Plan (as defined in the First Amendment) for multi -family residential uses, in addition to office and retail uses. 2. All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. 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. 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. Page 2 The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, 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 may be 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 Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page(s) to Follow.] Page 3 BPMS CASCADES, LLC, a Virginia limited liability company: By: '/' Title: STATE/COMMONWEALTH OF \1 i rqi vu w CrMCOUNTY OF Ayljhq fy , to -wit: The foregoing instrument was sworn to and acknowledged before me this 3 D day of 2012, by 41vi gkrr D. Dyrntwi , on behalf of BPMS Cascades, LLC. He/she is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this 30 day of Jal'iwfom4 , 2012. My Commission Expires: 0131/201.—, Registration Number: q S0 81 3 + Notary Public (SEAL) C. qsr ��•' NOTARY' %.P �:' PUBLIC REG. #7508137 =_ MY COMMISSION = EXPIRES 2 ' 31:2015 •' U� ;1 TH OF Page 4 BPMS CASCADES 2, LLC, a Virginia limited liability company: By: Title: M Ci A !!i t,'(- STATE/COMMONWEALTH OF Ve nqj n I& CITY/COUNTY OF(�'Ytq-I'GV1 , to -wit: The foregoing instrument was sworn to and acknowledged before me this 30 day of �aAU , 2012, bypwiahfi Q. Din- n PL , on behalf of BPMS Cascades 2, LLC. He/she is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this 30 day of JA/' Aj , 2012. Public (SEAL) My Commission Expires: 101 lS f 2-015 Registration Number: ��•�5p, C. AS j-0 \� -,/.-'NOTARY'-.. PUBLIC.7 REG. #7508137 MY G0rvUtK_S-1 1 Q tel/ 10i31/2015. ' G wEA LT kA 0 1l 11 [FS15�� Page 5 Exhibit A Legal Description PARCEL ONE: ALL CERTAIN PARCEL OF LAND, LYING, SITUATE AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA, BEING KNOWN, NUMBERED AND DESIGNATED AS "PARCEL A" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "RESUBDIVISION OF REMAINING PORTIONS OF PARCEL 4 AND PARCEL 5 'SUBDIVISION OF PROPERTY OF ALEX C. AND VIRGINIA S. BROWN' (MB 2433, PG 260) VIRGINIA BEACH, VIRGINIA" WHICH SAID PLAT IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN INSTRUMENT NUMBER 20081222001437960 ON DECEMBER 22, 2008, A MORE PARTICULAR DESCRIPTION BELOW AS: BEGINNING AT A MONUMENT SET AT THE NORTHEASTERN INTERSECTION OF LYNNHAVEN PARKWAY AND MONUMENT DRIVE; THENCE ALONG THE EASTERN RIGHT- OF -WAY OF SAID MONUMENT DRIVE A CURVE TO THE RIGHT WITH A RADIUS OF 40.00', AN ARC LENGTH OF 64.33`, A CHORD BEARING OF N 640 14'27W, A CHORD LENGTH OF 57.62' AND A DELTA OF 92- 09'02" 2°09'02" TO A MONUMENT SET; THENCE N 18° 09'56" W, A DISTANCE OF 204.08' TO A MONUMENT SET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 536.29', AN ARC LENGTH OF 187.47', A CHORD BEARING OF N 08- 09' 05" W, A CHORD LENGTH OF 186.52' AND A DELTA OF 20° 01'44" TO A MONUMENT FOUND; THENCE N 01" 51' 49" E, A DISTANCE OF 100.10' TO A MONUMENT SET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 595.44', AN ARC LENGTH OF 208.31', A CHORD BEARING OF N 08° 09'32" W, A CHORD LENGTH OF 207.25' AND A DELTA OF 200 02'41" TO A PIN FOUND, THENCE DEPARTING MONUMENT DRIVE N 71-49' 16" E, A DISTANCE 736.07' TO A PIN FOUND ON THE WESTERN RIGHT-OF-WAY OF CENTERVILLE TURNPIKE; THENCE ALONG SAID CENTERVILLE TURNPIKE S 150 11' 39"E, A DISTANCE OF 206.81' TO A POINT; THENCE DEPARTING SAID CENTERVILLE TURNPIKE S 71c49'32" W, A DISTANCE OF 69.36' TO A POINT; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 222.00', AN ARC LENGTH OF 270.79', A CHORD BEARING OF S 36° 52'52" W, A CHORD LENGTH OF 254.32' AND A DELTA OF 690 53' 20" TO A POINT; THENCE S 01 ° 56' 12" W, A DISTANCE OF 51.79' TO A POINT; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 48.00', AN ARC LENGTH OF 17.93 ', A CHORD BEARING OF S 41° 40' 31" E, A CHORD LENGTH OF 17.83' AND A DELTA OF 210 24'20" TO A POINT; THENCE N 71'49'32" E, A DISTANCE OF 257.18' TO A POINT ON THE WESTERN RIGHT -OF - Page 6 WAY OF CENTERVILLE TURNPIKE; THENCE ALONG SAID CENTERVILLE TURNPIKE S 08° 0749" E, A DISTANCE OF 68.9 PTO A PIN FOUND; THENCE S 14° 42' 14" E, A DISTANCE OF 185.98' TO A PIN FOUND AT THE NORTHWESTERN INTERSECTION OF CENTERVILLE TURNPIKE AND LYNNHAVEN PARKWAY; THENCE ALONG SAID LYNNHAVEN PARKWAY S26° 05'52" W, A DISTANCE OF 63.73' TO A MONUMENT SET; THENCE S 75° 05'14" W, A DISTANCE OF 63.21' TO A MONUMENT SET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 800.00', AN ARC LENGTH OF 97.98', A CHORD BEARING OF S 710 34'43"W, A CHORD LENGTH OF 97.92' AND A DELTA OF 07- 01'03" 7°O1'03" TO A MONUMENT SET; THENCE S 68° 04' I1" W, A DISTANCE OF 144.03' TO A MONUMENT SET; THENCE S 28° 26'13" W, A DISTANCE OF 17.39' TO A MONUMENT SET; THENCE S 70° 57' 07" W, A DISTANCE OF 8.85' TO A PIN FOUND; THENCE S 70" 1F08 " W, A DISTANCE OF 52.10' TO A MONUMENT SET; THENCE S 750 58'08" W, A DISTANCE OF 160.13' TO A MONUMENT SET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 60.00', AN ARC LENGTH OF 4.40', A CHORD BEARING OF S 730 52' 03" W, A CHORD LENGTH OF 4.40' AND A DELTA OF 04° 12' 10" TO A MONUMENT SET; THENCE S 71- 45' 58" W, A DISTANCE OF 70.64' TO A MONUMENT SET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 2050.00', AN ARC LENGTH OF 74.50', CHORD BEARING OF S 70° 43' 30" W, A CHORD LENGTH OF 74.49' AND A DELTA OF 020 04'56" TO A MONUMENT SET, SAID MONUMENT SET BEING THE POINT OF BEGINNING AND CONTAINING 507,591 SQUARE FEET OR 11.653 ACRES. IT BEING THE SAME PROPERTY CONVEYED TO BPMS CASCADES, LLC BY DEED FROM LILLEL FARMS, INC. DATED FEBRUARY 11, 2009 AND RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN INSTRUMENT NUMBER 20090212000142900. PARCEL TWO: ALL CERTAIN PARCEL OF LAND, LYING, SITUATE AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA, BEING KNOWN, NUMBERED AND DESIGNATED AS "PARCEL B" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "RESUBDIVISION OF REMAINING PORTIONS OF PARCEL 4 AND PARCEL 5 'SUBDIVISION OF PROPERTY OF ALEX C. AND VIRGINIA S. BROWN' (MB 2433, PG 260) VIRGINIA BEACH, VIRGINIA" WHICH SAID PLAT IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN INSTRUMENT NUMBER 20081222001437960 ON DECEMBER 22, 2008, A MORE PARTICULAR DESCRIPTION BELOW AS: Page 7 COMMENCING AT A PIN FOUND ON THE NORTHWEST INTERSECTION OF CENTERVILLE TURNPIKE AND LYNNHAVEN PARKWAY; THENCE ALONG SAID CENTERVILLE TURNPIKE N 140 42' 14" W, A DISTANCE OF 185.98' TO A PIN FOUND; THENCE N 08° 07'49" W, A DISTANCE OF 68.91' TO A POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE DEPARTING CENTERVILLE TURNPIKE S 710 49' 32" W, A DISTANCE OF 257.18' TO A POINT; THENCE A CURVE TO THE LEFT WITH A RADIUS OF 48.00, A CURVE LENGTH OF 17.93', A CHORD BEARING OF N 41- 40' 31 " W, A CHORD LENGTH OF 17.83' AND A DELTA OF 210 24'20" TO A POINT; THENCE N 01' 56' 12" E, A DISTANCE OF 51.79' TO A POINT; THENCE A CURVE TO THE RIGHT WITH A RADIUS OF 222.00', CURVE LENGTH OF 270.79', A CHORD BEARING OF N 36° 5252" E, A CHORD LENGTH OF 254.32' AND A DELTA OF 690 53'20" TO A POINT; THENCE N 710 49'32" E, A DISTANCE OF 69.36' TO A POINT ON THE WESTERN RIGHT- OF-WAY OF CENTERVILLE TURNPIKE; THENCE S 15° 11'39" E, A DISTANCE OF 47.80' TO A MONUMENT FOUND; THENCE S 080 07' 49" E, A DISTANCE OF 165.46' TO A POINT, SAID POINT BEING THE POINT OF BEGINNING AND CONTAINING 48,101 SF OR 1.104 AC. IT BEING THE SAME PROPERTY CONVEYED TO BPMS CASCADES 2, LLC BY DEED FROM LILLEL FARMS, INC. DATED FEBRUARY 11, 2009 AND RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN INSTRUMENT NUMBER 20090212000142890. Page 8 429555v1 Item -VI-KS PLANNING -53 - ITEM #62213 Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council APPROVED and PROFFERED, BY CONSENT, Application of the WILSON DRIVER WIDGEON for a Conditional Change o Zonin from R -5D and 0-2 to Conditional 0-2 to develop the site with an office building at 101 and 109 North Lynnhaven Road DISTRICT 6 - BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of WILSON DRIVER WIDGEON for a Conditional Change of Zonin from R -5D and 0-2 to Conditional 0-2 to develop the site with an office building at 101 and 109 North Lynnhaven Road (GPINS 1497435989; 149 7444064) DISTRICT 6 - BEACH An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 Document Prepared By Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this 30th day of April, 2012, by and between the WILSON DRIVER WIDGEON REVOCABLE TRUST ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee," to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of those parcels located in the City of Virginia Beach, Virginia identified as GPIN Nos. 1497-44-4064-0000 and 1497-43-5983-0000 (together the "Property"); and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of a portion of the Property from R -5D and 0-2 to Conditional 0-2; and WHEREAS, the Property is more particularly described on the legal description attached as Exhibit A; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned 0-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions 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 GPIN Nos. 1497-44-4064-0000; 1497-43-5983-0000 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 the 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. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said 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. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by WPL, entitled "Conceptual Site Plan, 101 & 109 South Lynnhaven Road," dated April 26, 2012 (the "Site Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The architectural treatment, size and quality of the office building depicted as "Proposed Building" on the Site Plan, when constructed, shall be in substantial conformity with the conceptual renderings prepared by Cox, Kliewer & Company, P.C., entitled "Lynnhaven Station," and dated April 30, 2012, (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The architectural treatment and quality of any other building constructed on the Property, if constructed, shall be substantially compatible with that depicted on the Rendering. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove 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 conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, 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 may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the 433709vl 2 Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall 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 Department of Planning 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 Page to Follow.] 433709v] 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: WILSON DRIVER WIDGEON REVOCABLE TRUST By: Midgeon�, _ TTi� Wilson Trustee COMMONWEALTH/STATE OF V 1 r _q ; c\ " C... CITY/COUNTY OFy`,cc :("%-,C, , to -wit: The foregoing instrument was acknowled e before me this 30-"' day of 2012, by Wilson Widgeon, who i er no ally own to me or has produced as identification in his capacity as Trustee of the Wilson Driver Widgeon Revocable Trust, on behalf of the trust. Notary Public My Commission Expires: 1 \�\\\\111I11111f1f�f' Registration No. i (� ,,,.��pNN. K. 0�'i.,,� [NOTARIAL SEAL/STAMP] 0 2416160. COMMISSION Z EXPIRES (D �0', 10/31/2014.:-,Z SFA ....... OF 433709v1 4 Exhibit A Legal Description Parcel 1: ALL THAT certain piece or parcel of land located in the Lynnhaven Borough of the City of Virginia Beach, Virginia, containing 0.60 acres, more or less, as shown on that certain plat entitled "Survey of Property of Gildon O. Harness Estate, D.B. 82, p. 69, Lynnhaven Village, Lynnhaven Borough, Virginia Beach, Va., Scale 1"=20', February 18, 1971, W.B. Gallup, Surveyor," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 86, page 22, to which reference is made for a more particular description. Parcel 2: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, located in the City of Virginia Beach, Virginia, (formerly Princess Anne County, Virginia) on the south side of London Bridge Road at Lynnhaven, on the Norfolk Southern Railroad, being all that parcel of land lying between the lot formerly owned by G. Harness and the Norfolk Southern Railroad, the said lot fronting on the main London Bridge Road, sixty-eight feet (68'), more or less, and running back one hundred fifty feet (150'), and having a rear line of one hundred thirty feet (130'). 433709v1 -54 - ITEM VI -L APPOINTMENTS ITEM #62214 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ARTS AND HUMANITIES COMMISSION BEA CHESAND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SER VICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE — COG September 11, 2012 -55 - Item —VI -L APPOINTMENTS ITEM #62215 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Kitty Bosher Mike Camden Ginger Capps Kristina Chastain Barbara Clark Marty Cochran Bill Dillon Mike Eason Barry Frankenfield Bill Gambrell John Hawa Debbie Kassir George Kotarides Marie -Louise LaFond Nancy Perry- Marscheider MaryAnne Nixon Brandon Ramsey Sam Reid Craig Roback Whit G. Sessoms, III Helene Silverman Carter Turpin Voting: 11-0 (By Consent) Council Members Voting Aye: Shadowlawn Civic League President, Virginia Beach Restaurant Association (VERA) Forbes Candies Abbey Road Strategic Growth Area Resort Management Strategic Growth Area (SGA) Vice -President Virginia Beach Restaurant Association (VBRA) Ocean Horizon Properties Dough Boy's California Pizza Barclay Cottage Virginia Beach Hotel and Motel Association (VBHMA) Peabody's Council of Civic Organizations (CCO) Crestline Rudee's NO TERM RESORT AREA PARKING COMMITTEE Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 11, 2012 -56 - Item - VI- O ADJOURNMENT ITEM #62216 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:46 P.M. A)Wanda F1y?ey-Barnes, CMC Chief DeMty City Clerk th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor September 11, 2012 -57 - PUBLIC DIALOGUE Ed Schwab, 2813 N. Kings Road, Phone: 486-6347, is concerned about the dredging in Chesopeian Colony. Mr. Schwab said while the dredging may be "legal", he does not feel it is ethical. The dredging will cause a 30% tax increase in his property. Mayor Sessoms instructed Mr. Schwab to call his office and schedule an appointment with him to sit down and discuss this issue. Mr. Schwab expressed his appreciation to the Mayor for offering to meet with him and try to resolve the problem. Mike Aschkenas, 2805 West Point Court, Phone: 436-6947, provided City Council a handout: "DREDGING IN CHESOPEIAN COLONY". Mr. Aschkenas stated that 18% of the homeowners were removed from the dredging project. Mr. Aschkenas stated after all of the "NOs " are eliminated then the "YES"' will win. Mayor Sessoms extended the invitation to Mr. Aschkenas to join Mr. Schwab and meet with him to discuss the issue. Mr. Aschkenas also expressed his appreciation to the Mayor. The Public Dialogue re Non Agenda Items concluded at 6:46 P.M. September 11, 2012 -56 - Item - VI- O ADJOURNMENT ITEM #62216 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:46 P.M. CMC Chief Ddghtty City Clerk 4ut&h�Hodges raser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor September 11, 2012