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FEBRUARY 26, 2013 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA N. ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 26 FEBRUARY 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY COUNCIL and SCHOOL BOARD BRIEFING A. HEALTH CARE II. CITY COUNCIL BRIEFING A. REAL ESTATE ASSESSOR'S ANNUAL REPORT Jerald Banagan, City Assessor CITY MANAGER'S BRIEFING A. INTERIM FINANCIAL STATEMENT Patti Phillips, Director — Finance IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION A. B. C. - Building 19 - 3:00 PM - Conference Room - 4:00 PM - Conference Room - 5:00 PM CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION 1 II VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Les Smith Senior Pastor Victory Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 12, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. SHADOWLAWN NEIGHBORHOOD DREDGING - Special Service District 2. EXCESS CITY -OWNED PROPERTY Parcel adjacent to 708 Arctic Avenue and Lake Holly 3. LICENSE OF CITY -OWNED PROPERTY Communications Room at the Westin Tower — 4535 Commerce Street 4. SUSTAINABILITY PLAN I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Ordinance -3216F re the terms of the Lease of City -owned property at 4th Street and Atlantic Avenue and AUTHORIZE the City Manager to EXECUTE the Lease with Ocean Water 2. Ordinance to AWARD a License Agreement of a portion of City -owned property at 4535 Commerce Street inside the Communications Room and under the spire atop the Westin Tower and AUTHORIZE the City Manager to EXECUTE the Lease Agreement with WHRO 3. Ordinance to DECLARE property adjacent to 708 Arctic Avenue and Lake Hollyin EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY same to James R., Jr. and Deborah J. Flanagan in EXCHANGE 4. Ordinance to ALLOW MODIFICATIONS to expand the scope of Town Center Phase V Development Agreement and AUTHORIZE the City Manager to EXECUTE documents 5. Ordinance to AUTHORIZE and ACCEPT the dedication of the boat basins and waterways in and near Chesopeian Colony from Cheryl McLeskey and dredging drainage easements from Lynnhaven Shopping Center, LLC and Colony Pines Apailments, LLC and AUTHORIZE the City Manager to EXECUTE the necessary documents 6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York, Surry and the Towns of Smithfield and Windsor 7. Ordinances to APPROPRIATE: a. $357,000 from the Sheriff's Office Special Revenue Fund re replacement uniforms b. $24,854 Grant from the Virginia Department of Health, Office of Emergency Medical Services and TRANSFER $37,174 from the General Fund to Emergency Medical Services (EMS) re medical equipment J. PLANNING 1. Application of DONALD JERNIGAN for a Conditional Use Permit re a residential kennel at 2514 Malaga Court DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of LORRAINE BRYANT for a Conditional Use Permit re a child daycare at 901 Meadowood Drive DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 3. Applications of McDONALD GARDEN MARKET, LLC for Conditional Use Permits re open air markets (sale of garden plants and supplies on a seasonal basis): a. MAUREEN GANNON at 4554 Virginia Beach Boulevard (parking lot of the Sears department store at Pembroke Mall) DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL b. DEAN S. POTTER at 1550 Laskin Road (parking lot of Hilltop East Shopping Center) DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL c. PROVIDENCE SQUARE ASSOCIATES, LLC at 1043 Providence Square Shopping Center (parking lot of Shopping Center) DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 4. Applications of ROOF SERVICES JGM CORPORATION/JGM, L.C. at 3056 Holland Road DISTRICT 7 - PRINCESS ANNE a. Change of Zoning from AG -2 Agricultural, 0-2 Office and Conditional I-1 Light Industrial to Conditional I-1 I Light Industrial b. Conditional Use Permit re a bulk storage yard RECOMMENDATION APPROVAL 5. Applications of VIRGINIA SUPPORTIVE HOUSING/CF USB REO, LLC at 1333 Diamond Springs Road DISTRICT 2 - KEMPSVILLE a. Conditional Change of Zoning from Conditional I-1 Light Industrial to Conditional 0-2 Office b. Conditional Use Permit re a single room occupancy facility RECOMMENDATION APPROVAL 6. Application of STEVE'S TOWING/W. CECIL CARPENTER FAMILY TRUST for Modification of Conditions of a Conditional Use Permit re bulk storage (approved by City Council on January 10, 2012) to expand the storage area at 5890 Thurston Avenue, Suite B DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 7. Ordinance to AMEND and REORDAIN Section 107 of the City Zoning Ordinance (CZO) re Amendments to the City Zoning Ordinance, Zoning District Boundaries and Zoning District Classifications of Property RECOMMENDATION APPROVAL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ********* *********** CITY COUNCIL SESSIONS March 2013 March 5 Workshop 4:00 — 6:00 P.M. March 12 Briefing, Informal, Formal 6:00 P.M. March 19 Workshop 4:00 — 6:00 P.M. March 26 Briefing, Informal, Formal 6:00 P.M. City Manager's presentation of the FY 2013-14 Resource Management Plan 2013 CITY HOLIDAYS Memorial Da' - Monday, May 27 Independence Day - Thursday, July 4 Labor Day - Monday, September 2 Veterans Day - Monday, .November 1.1 Thanksgiving Day & Day after Thanksgiving - Thursday, November 28 & Friday, Nimember 29 Christmas Eve thalf-day) - Tuesday, December 24 Christmas Day - tfednesday, December 25 Agenda 02/26/2013/gw -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 26, 2013 Mayor William D. Sessoms, Jr. called to order the City Council and School Board Briefing regarding the HEALTH CARE, in Building 19, Tuesday, February 26, 2013, at 3:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, , Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood. Council Members Absent: Robert M. Dyer Detained at Regent University Rosemary Wilson With husband who is very ill School Board Members Present: Beverly M. Anderson, Vice Chairman William J. Brunke, IV, Emma L. "EM" Davis, Chairman Daniel D. Edwards, Joel A. McDonald, Bobby Melatti, Sam Reid, Elizabeth E. Taylor and Leonard C. Tengco School Board Members Absent: Dorothy M Holtz Carolyn D. Weems February 26, 2013 I 11 -2 - CITY COUNCIL and SCHOOL BOARD BRIEFING HEALTHCARE 3: OOP.M. ITEM #62577 Mayor Sessoms introduced and welcomed Cindy Curtis, Deputy City Manager. Ms. Curtis acknowledged the team who has been working on this project. VIRGINIA BEACH Health Care Reform, Strategy and Financial Update Fe t3uary 2013 Below is the Agenda for the meeting: • Health Care Reform Update • 2014 Health Care Reform Projected Financial Impact • Historical Changes • Strategy Discussion — 2012 Financial Update — 2013 Cost Projection • Appendix — Health Screening Summary February 26, 2013 -3 - CITY COUNCIL and SCHOOL BOARD BRIEFING HEALTHCARE ITEM #62577(Continued) Ms. Curtis introduced Kenneth Jeffries, Principal — Mercer Health and Benefits, LLC. Mr. Jeffries provided the Health Care Reform Updates: Health Care Reform Update Goals asci Paying for Reform • Enacted March 23, 2010, health reform's goals were: — Provide access for 30+ million uninsured (#1 objective) — Cost control — Quality • Focusing on all three goals was a challenge Paying for reform - Increase revenue through taxes, fees — Penalize/tax people who don't buy coverage — Individual Mandate — Penalize employers - If they don't provide minimum credible coverage (60% actuarial value) - If coverage isn't affordable (9.5% of employees household income or W-2 wages) - Excise tax in 2018 if the value of plan coverage exceeds established limits — Increase taxes on upper income — Fees on employers, health plans, suppliers • Cut Medicare and Medicaid provider payments • Improve quality 2 Mr. Jeffries emphasized the following key components: Health Care Reform! Key Components • Shared Responsibility — Employers required to offer minimum creditable coverage with an actuarial value of at least 60% or face penalty of $2,000 multiplied by the number of FTEs (not counting first 30 FTEs) • Affordability — Employers offering creditable coverage may still face penalties if coverage is not affordable (exceeds 9.5% of household income). If coverage is not affordable, employer is penalized with a $3,000 excise tax for each employee receiving tax - subsidized benefits through a health exchange • 30 Hour Work Week Requirement — Anyone employed on average at least 30 hours per week during a month is considered full time for benefits eligibility • Temporary Reinsurance Fees — Contribution required to support reinsurance payments to individual market insurers that cover high-cost individuals. The 2014 contribution is $63 per covered individual 3 February 26, 2013 -4 - CITY COUNCIL and SCHOOL BOARD BRIEFING HEALTHCARE ITEM #62577(Continued) Health Care Reform Key Components • Public Exchanges — Insurance plan options available on exchanges that are operated by states or the Federal government — Notices about exchanges to employees has been delayed to the second quarter of 2013 — If household income is between 138%-400% of the federal poverty level (FPL), and individual does not have access to affordable employer coverage, the Federal government will provide subsidies to buy insurance on exchanges • Individual Mandate — All individuals will be required to have coverage or be subject to tax — Potential to increase plan enrollment from opt -out population • 2018 Excise Tax — 40% excise tax on "high cost" coverage, including medical, health Flexible Spending Account (FSA) contributions, onsite medical clinics, and employer contributions to Health Savings Accounts (HSA) — Initial cap set at $10,200/single and $27,500 family 4 age • enact of change. Medicare retiree drug subeidy tax treatment • Early retiree medical reinsurance • Mdint.Prescription drug"donut note" beneficiary .82 • Break timelpmlaa mom for naming • Dependant cove.. t020 tnrandtamared plans may knit to children wMedecceaeta other employer coverage. other Men • No par Mebane Mebane wapeP doper Hmlb• • R•sbicted coned) della. 'blahs. phased mincer. until 201s• bang sondN.n umlletiom for enrollee. on ro • H a▪ at0'.drsWuions`: eam MWh FSAmwHSA rainWoreernant nonyrscdhed 4.94 • Increased penal. lernon- qualified distributions datr'buta uniform suntinam Of ge pante'its d488*cove.3 with gro p oclpmtaideadmwvery. with group of reaMlanal mMyear materiel modifications to SBC content • Form 503 reporting for nuns coverage hack in 2012 for W-2 form provided In early 20132` • Coverageb readninnel e i(plan years on or after August 1,2012)' • Additional atan. ods for mw oy monyindfathared" health plans:. Including network 00 3... Pr enm cet.ha.,g, • pp..l and exwnd review, provider choice. and non- aMilecdorntnagon:Mea for lau.ed • c,iMedicareMedicarePeal D premiums • Pharmaceutical knport . ami • • manufacturers' fees Mart • Medicare, Mediocre Advantage benefit and payment reborn to begin • htsurers subj... medical Ices • H.* iroitame sscllengs • IndlMdaY coverage mend. • Flnamirepdeodf utansfofs3,enge powow4eNMorrm adMduYe • States ow, expand Medicaid • HIPAA*.IInmsIMW • Empfoy r shared responsibility • Md.ondrepoNng enddacl^aun • Depend. aeal ...*be x for any...red employsscbilds •. Ho annual dollar Smits. • Ho preexisting condition Iimhes H.* JparladserIOdM' • Additional staMartlefor newer nwWMRgr 4ceetM3Ylg*3 d.4unllbleellSO.2SOMdMkual, 112.500 /family in 20131 and WrMps' II0,Itdeductibles to $240011ndimduat, seAgglfamlhfi provider nondiscrimination, and cover room,g rneGMel code of plinkall pergciysta • HwMh Insurance )mosey. Mee begin '2,500 per plan year health FSA cenblbu0on cop (plan went on or after January 1, 2013) Comparative eflacdvanss group heal. plan es begin Annual dollar limen on mos.. heal. benefits cannot be lower than S.2 million Employers notify employees about Medical device manufacturers' foes start Higher Medicare payroll to On wags exceeding 2200,000t IntlNduel. 2250,0001couplu Change In Medicare rani. drug subsidy tax treatment akin effect Exchanges Mel open enrollment period to begin • Temporary reimumnoefw ent...som• time Mar 2010 • MPA excise tax on -high cost" or Cadillac coverage x pans y.,wnp ra V•a years ar bronn rex Sept ]O • s p 2011, For MO.1 wpe^ year sl0000nning on orelterJoo. s. =owl on XI regulations isp. dda,e pion epees . certain ...ones. empbyws. SAp es ro rongraramme,m pians 13 July 2012 5 February 26, 2013 -5 - CITY COUNCIL and SCHOOL BOARD BRIEFING HEALTHCARE ITEM #62577(Continued) 2014 Health Care Reform (HCR) lmpact Estimated Financial Impact • Status quo 2014 gross cost is projected at $146.5 million (2013 cost is projected at $132.6M) • Additional HCR gross cost impact is estimated at $13.9 million 2014 HCR Gross Cost Impact (in millions) 30. Hour Eligibility Individual Mandate Reinsurance Foes Comparative Effectiveness Fee $3.1 $8.8 E 1.9 Total $13.9 • Total 2014 gross cost, including HCR, estimated at $160.4 million • Largest HCR cost impact for Virginia Beach in 2014 is the individual mandate — Assumes 50% of current benefit eligible opt -outs will enroll in the High Deductible Health Plan without the Health Savings Account • Virginia Beach City and Schools estimate 450 current part-time employees will become eligible for health benefits in 2014 by working 30+ hours a week — Estimate includes 250 city employees and 200 school employees — 75% of eligible part-time employees are assumed to enroll in the plan in 2014 • Reinsurance fees are included at $63 per member 6 The City and Schools had a successful launch of Wellness for Life: Historical Plan Changes am.w.n«.ever ' rand a•u ann.mmet, • Removed requirement for referrals • Added. deductible • Added • maximum Cr pnat° :.•r for cbmg.. • smelting cosset. medications ere covered 1 • Successful Lenexa mwalmw.rorbtfe • Revise Cenblbemm m.twr • Consolidate,. number et men offerings • Compal elm dl Health Cele Reform mender • Removed double employee ger • Renewed eci-pey en • ch•eodele eew domPy Hifi, DMuctlbl• Heebb Plan • Value basedaulgn. nedl•balesm•ngm,rt • dp;rent cowrap• to 13 July 2012 February 26, 2013 -6 - CITY COUNCIL and SCHOOL BOARD BRIEFING HEALTHCARE ITEM #62577(Continued) The strategy discussion fell into three (3) broad areas: Strategy Discussion • Virginia Beach health care strategic goals fall into three broad areas: — Sustainable trend mitigation - both short and long term — No deterioration in access or quality of care — Employee engagement and accountability for managing their health • Strategy to be developed with a keen awareness of the complications associated with health care reform • Based on these goals, the Benefits Executive Committee will present options in June for final consideration for 2014 The Financial Projections are provided below: 2012 Actuarial Summary Financial Projections • Health plan fund deficit of approximately $14.7 million estimated for 2012 plan year — Deficit defined as excess in claims and administrative expense cost less total annual contributions — Projection does not include expected 2012 pharmacy rebates; total 2011 pharmacy rebates were approximately $1.3 million — Reflects 14.1% deficit in total plan funding • Increase in expected deficit from prior projection of $12.9M — Fourth quarter claims experience was higher than previously projected with data through September • YTD 2012 incurred claims trend = 10.3% CY 2012 FINANCIAL RESULTS CY 2012 RATES CY 2012 COSTS Variance Sor4ua/18efi0il) (SM) Average Monthly Enrollment Total Rate (aM) PEPY Total Incorrect Claims t. Ex0eruae (SM) PEPY CITY 5928 542.8 57,225 $47.0 $7,930 i54.2) SCHOOLS_ 8,852 581.7 58,987 972.2 58,155 (71051 TOTAL ) AVERAGE 14,780 5104.5 $7,071 9119.2 $8,085 (514.7) February 26, 2013 -7 - CITY COUNCIL and SCHOOL BOARD BRIEFING HEALTHCARE ITEM #62577(Continued) 2013 Cost Overview Cumulative Costs and Funding 2013 Expanse Estimate Total Annual (millions) Projected 2013 Incurred Claims Protected 2013 Admm lra3 a Expenses GASB $1202 $8.4 $4.0 Total 2013 Estimated Cost Total 2013 Estimated Funding Funding Surplual(Deficit) $132.6 2129.8 t$1.C1 • 2013 gross cost est mated to be $132.6 million - Based on claims data through December 2012 provided by Optima and January 2013 enrollment provided by Virginia Beach - Includes Actives and Retirees for City and Schools - Assumes combined medical and Rx trend of 8.0% Assumes constant enrollment after January 2013 - Assumes PEPM stop loss premium of $9.59 Includes estimate for health fund expenses for salaries and benefits, consulting fees, legal fees, Health Reimbursement Arrangements, Health Savings Accounts, and health screenings • 2013 funding rates estimated to produce a deficit of $2.8M - Change from prior projected surplus of $0.7M due to increased 2012 base claims experience and inclusion of additional health fund expenses - The December 31, 2012 Health Insurance Fund Balance was $7.2M • Projections do not include claims fluctuation buffer (margin) or expected 2013 pharmacy rebates 10 The following items in red are Initiatives selected for 2014 implementation: Initiatives Considered During the Planning Process • Plan Design — Plan design changes, including higher deductible or conversion to straight deductible and coinsurance — Offer HDHP without HSA for 30 hour per week part time employees - Low cost plan as default option for new hires — Domestic travel surgery benefit — Pharmacy formulary management options — Manage benefits as necessary to limit excise tax risk — Evaluation of state exchange and re-evaluate retiree coverage eligibility — Telemedicine Wellness & Health Engagement — v0Wellnessf rLife to increase engagement in existing health risk programs — v8WellnessforLife to include spouses in order to achieve premium credit — v0WellnessforLife for mandatory participation in health risk programs — Chronic disease measurement and management strategies — Evaluate on-site clinics — Smoke free campus s'1 items in red are initiatives selected. for 2014 implementation Promote Consumerism — High quality, narrow network — Patient Centered Medical Home — Second opinion/decision support program Funding & Financial Management — Revise Optima reporting or consider a claims data warehouse to guide decision making — Contribution strategies including reduced spending on spouse/dependent coverage — Consider a defined contribution strategy — Monitor and evaluate current vendor partners — Continue Accountable CarelRisk Sharing discussions with Sentara — Continue discussions with Optima to pay for value not fee for service — Establish appropriate financial monitoring tools to manage new risk sharing arrangements February 26, 2013 -8 - CITY COUNCIL and SCHOOL BOARD BRIEFING HEALTHCARE ITEM #62577(Continued) Initiatives Selected for Implementation in 2014 • Plan Design — Plan Design Changes - Design changes are considered each year to ensure that the benefits offered are competitive and in compliance. Benefit designs are also considered each year in an effort to mitigate medical trend increases or to incent behavior change — Pharmacy Formulary Management - Analyze and structure the drug formulary to improve cost control and improve medication use — Telemedicine - The delivery of health-related services and information via telecommunications technologies — Offer High Deductible Health Plan without a Health Savings Account - Plan option for 30 hour employee enrollment as well as anticipation of auto enrollment mandate • Wellness & Health Engagement — veyyellnessforLife to increase engagement in existing health risk programs - With the successful launch of VBWellnessforLife, participation in health programs will increase allowing for better measurement and management of population health issues 12 The Initiatives for implementation for 2014 are identified below: Initiatives Selected for Implementation in 2014 Promote Consumerism Introduce incentives for use of Patient Centered Medical Homes (PCMH) for chronic care and/or acute care services - The PCMH model provides comprehensive and continuous medical care to patients with the goal of obtaining maximized health outcomes Funding and Financial Management — Maintain our current contribution strategy - Virginia Beach City and Schools contribution of 90% toward the cost of employee coverage and 60% toward the cost of dependent coverage — Begin discussions with Optima/Sentara regarding new financial and medical management opportunities - Accountable Care Organizations - Pay for value vs. fee for service 13 February 26, 2013 -9- CITY COUNCIL and SCHOOL BOARD BRIEFING HEALTHCARE ITEM #62577(Continued) Mr. Jeffries congratulated the City and Schools for a successful launch to the Wellness for Life program. 12,572 employees participated, approximately 75% of all employees. Of those, 49% had two or more health risks identified. ea creeping umrnary April 1 201 thru December 31,2012 • Total Completed Participants: 12,572 • Total Participants Optima Insured: 12,456 • Participants With Two or More Health Risk: 6,190 • % of Total Screened: 49% Health Risks Body Mass Index - Overweight (BMI 27 and higher): 7,735 - % of Total Screened: 62% Cholesterol — Total Cholesterol is greater than or equal to 200 mg/dL: 3,838 — % of Total Screened: 31% • Blood Pressure — Blood Pressure is greater than or equal to 140/90 mmHg: 2,182 — % of Total Screened: 17% Identified • Hemoglobin A1c — Hemoglobin A1c is greater than or equal to 7%: 511 — % of Total Screened: 4% • Tobacco Users — Participants that use Tobacco Products: 1,212 — % of Total Screened: 10% • Exercise — Participants That Exercise Less Than Three Times Weekly: 4,389 — % of Total Screened: 35% 15 February 26, 2013 -10 - CITY COUNCIL and SCHOOL BOARD BRIEFING HEALTHCARE ITEM #62577(Continued) Important Notice with Respect to Projec ions Contained in this Document All projections are based on the information and data available at a point in time and the projections are not a guarantee of results which might be achieved. The projections are subject to unforeseen and random events and so must be interpreted as having a potentially wide range of variability from the estimates. The information contained in this document and in any attachments Is not intended by Mercer to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or imposed by any legislative body on the taxpayer or plan sponsor. 16 ERCER Mayor Sessoms thanked Mr. Jeffries and the entire team for all of their hard work. The Joint City Council/School Board Recessed at 3:39 P.M. February 26, 2013 -11 - CITY COUNCIL'S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT 4:00 P.M. ITEM #62578 Mayor William D. Sessoms, Jr. called to order the City Council's Briefing regarding the REAL ESTATE ASSESOR'S ANNUAL REPORT, in the City Council Conference Room, Tuesday, February 26, 2013, at 4:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, , Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood. Council Members Absent: Robert M. Dyer Detained at Regent University Rosemary Wilson With husband who is very ill February 26, 2013 -12 - CITY COUNCIL'S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM #62578(Continued) Mayor Sessoms introduced and welcomed Jerald D. Banagan, City Assessor, who gave his Annual Report. Real Estate Assessor's Projected FY 2014 Real Estate Assessments Assessments $ 48,539,787,902 Tax Revenue* $ 461,127,986 *Based upon FY 2013 tax rate of 80.95 Each $.01 of the tax rate will generate $4,854,000 February 26, 2013 -13 - CITY COUNCIL'S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM #62578(Continued) Mr. Banagan stated the overall median change is 0% and overall mean change is -2.22% Average Appreciation/Depreciation Overall Median Chan • e ! Residential 0% I Residential -2.3% I Apartment +2.07% I Apartment +2.83% Commercial/Industrial 0% I Commercial/Industrial -1.18% This is the 5th year the City has had a decline in assessments: Average Appreciation/Depreciation Fiscal Year I Median Change Mean Change 2014 2013 2012 2011 0% -4.87% ---- t -2.56% I -4.84% -2.22% -5.29% -3.09% .. -5.54% 2010 -3.32% -3.46% 2009 0% 2.56% 2008 j 2136% I 18.54% February 26, 2013 -14 - CITY COUNCIL'S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM #62578(Continued) Average residential values have a negative change with the biggest decline in high rise condos followed by townhomes: Average Residential Values Median Mean Type '', Number ; Assessment" I Assessment* Change in M1 'Single Family .97,456 - 5239,400 I Townhouse 19,692 6129,600 1 Low Rise 19,393 5178,300 Condominium .i High Rise !Condo/Co-op 2,842 5 2,400 5119,80.G -S 5,800 -4.0% 6252,500 c2S;7,20ii Duplex/Home with Apartments 1,477 { 5280,200 All Residences i 140,860 $215,200 'Rounded to nearest S100 S 7,000 I -517,3001 -S 1,700 3,700 Average Home Assessment Assessed Value 5325,000 -- --------- 5300,000 = - $275,000 -.,• ---- 5225,000 --- 5200,000 5175,000 5150,000 005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Fiscal Year February 26, 2013 -15 - CITY COUNCIL'S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM #62578(Continued) Assessment Comparison by Classification Classification i 2014 Assessment 2013 Assessment i 2012 Assessment General Commercial I ..,,o , 9 7% 9.4% Hotel in+a 2.1 % 2.0% ,_,.,.. -164% '- 157% Office ',v 2.9% 2.6% �'. Industrial 3.3 1 7% 1 7% Apartment 5 3'-= 5.5% - E Residential C, a=G I, 61 6% !TownhouseSills 5.9% Condominium ( i CalasS l 10.3% Agriculture I I 0.3% 5.1% . 62.1% -836% 6.2% 84.3% 10.6% 0.3% The City has seen an increase in construction of single family homes this year with considerably less construction of duplexes and townhomes: New Construction Oanuary 2012 thru December 2012) Commercial 18 General Commercial 525,908,600 1 Timeshare 47,377,600 4 Industrial 9,674,200 3 Office 9,228,300 35 Commercial/Industrial Additions 18,838,900 Total Commercial New Constru .,a17 5 381 Single Family 3 Duplexes 23 Townhouses 128 Condominium Units 570 Apartments/Multi-Family Residential 8103,519,000 1,215,600 4,881,600 29,352,000 66,013,400 1,183 Residential Additions 22,668 300 Total Residential New Construction 5227649,5 Total New Construction 8338,677500 100%'. February 26, 2013 -16 - CITY COUNCIL'S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM #62578(Continued) The number of new housing units built is up from 2011: Number of New Housing Units Built 2003 2004 2005 2006 2007 2008 Calendar Year 2009 2010 2011 2012 Growth and Appreciation/Depreciation Percent of Change 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Fiscal Year ■Growth ©Appreciation/Depreciation Fiscal Year 2014 (Projected) Growth 0-7'!% Appreciation/Depreciation? aqo Assessment Change T6 February 26, 2013 -17- CITY COUNCIL'S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM #62578(Continued) Tax Increment TIF's & Special Service Districts Sandbridge District TIF & SSD Base Year Preliminary FY 1998 FY 2014 8206.1 Million $986.1 Million Central Business District South TIF* Base Year FY 1999 5151.8 Million Preliminary FY 2014 5700.1 Million SSD First Year FY 2003 Preliminary FY 2014 S 18.5 Million ~� 0328.9 Million Neighborhood Dredging Special Service Districts Old Donation Creek Preliminary FY 2014 835.6 Million Sayville Creek Preliminary FY 2014 813.4 Million FY 2014 as of January 2013 February 26, 2013 -18 - CITY COUNCIL'S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM #62578(Continued) In 2012, 31 buildings received a tax credit for being "energy efficient": Energy Efficient Buildings Partial Real Estate Tax Reduction FY 2013 Program Recipients Residential Properties 25 Commercial Properties 6 Tax Reduction 518,457 46,333 Virginia Landmarks Register Partial Real Estate Tax Reduction FY 201 3 Tax Reduction Hermitage House Keeling House Miller-Masury House/Greystone Manor Pembroke Manor Shirley Hall Thomas Murray House Weblin House Woodhouse House Briarwood Green Hill House February 26, 2013 -19 - CITY COUNCIL'S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM #62578(Continued) The City has seven hundred (700) citizens that are 100% Disabled Veterans and exempt from Real Estate Taxes: Real Estate Tax Exemption for 100% Disabled Veterans Program Recipients Tax Reduction 700 $1,745,343'.. The City has 7,590 Recipients of the Real Estate Tax Program for Senior Citizens and Disabled Persons: Real Estate Tax Exemption/Deferral/Freeze for Senior Citizens & Disabled Persons Number of Recipients Tax Deferred Tax Reduction FY '415 7.5 38 3$ i /0 Ol5,3/4-1--2-3-6--- FY i4T23EnFY 20.12 7.398 553,339 $14,209.588 FY 2011. 7.798 $35,755 515,456561 FY 2010 7.666 $35.717 $16,292,651 FY 2009 7,143 530896 815,993,977 FY 2008 6,408 $35..304 514.011,232 FY 2007 5,420 579,342 $9.651.395 Mayor Sessoms thanked Mr. Banagan for his presentation. February 26, 2013 -20 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT 4:10 P.M. ITEM #62579 Mayor Sessoms introduced and welcomed Patti Phillips, Director — Finance. CITY OF RG N A BEI CH X2012 -2013 Bud to A i?bland Upd h Overview 7 Months FY 13 General Fund Revenues FY13 General Fund Expenditures Next Steps February 26, 2013 -21 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62579(Continued) The General Fund has budgeted Revenue for the Fiscal Year of $969 -MILLION and Expenditures of $1, 034.8 -BILLION. Collected to date, the Revenues are $440.8 -MILLION and Expenditures are $614.1 - MILLION. `FY 2013 General Fund Revenues and Expenditures Compared to Budget Thru January 31, 2013 (in millions) Annual YTD Budget Actual Variance Revenues Local (83.3% ofbudget) $ 807.8 $ 379.0 $ (428.8) State (15.0% ofbudget) 145.4 52.2 (93.2) Federal ( 1.7% ofbudget) 16.7 9.6 (7.1) Total Revenues $ 969.9 $ 440.8 9 (529.11 Expenditures City Operations School Operations Total Expenditures $ 629.8 $ 378.3 $ 251.5 405.0 235.8 169.2 $1,034.8 $ 614.1 $ 420.7 Less Amounts Funded from Fund Balance Encumbrances/Carryforwards at 6/30/12 $ 9.5 City and School Capital Projects 18.2 City and School Operating Budget 21.2 School Reversion 16.0 Adjusted Expenditures $ 969.9 Revenues do not come in equally. Revenues are at 45.4% of the estimated Revenues Budget: - ,00% 80% u 60% 158.5% n o dOX c..' 20% M1.13%A..9 FY 2013 Year -To -Date General Fund Revenues Compared to Historic Trend at January 31, 2013 ,90m um" pp S YTD ACTUAL = $440.8M 78.5% lj$f ANNUAL BUDGET = $969.9M 45.4% 422 49.2% 45.2 55.4% 41.9% 30.1 26.5% 13.5% 9.0% 142% ism 4.1 Jul Sap Oct Nov One Jan Feb --h-0.av Trend -.T-%of FY13 Rev 6utlga,' Mar Apr May Jun February 26, 2013 -22 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62579(Continued) FY 2013 — General Fund Revenues • Still need to collect 54.6% of revenues • Total Revenue follows the trend line • Includes Tax Relief for Elderly & Disabled of $15.7M • Includes delinquents from prior years • Several items are on a 1 - 2 month lag • Business License tax (BPOL) due in March 2013 - $42.4M • 2nd Real Estate installment due June 5, 2013 • Local Annual Personal Property tax due June 5, 2013 - $79.0M One of the most significant Revenues for the City is Real Estate which is at 52.2% of collection:. Real Estate Revenues - General Fund Portion Only January 31, 2009 - 2013 BUDGET $439.0 FY 2009 FY 2010 FY 2011 I O Act al Collections OM *Total Citywide Budget of $474.3M FY 2012 at—°hof Total FY 2013 February 26, 2013 Actual Collections o YTD .s—% fTotal 1 ®Attu l Collections oYTD of Total I -23- CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62579 (Continued) 580 — 560 — 'c 540 — K 920 — so Personal Property Taxes (excludes PPTRA) January 31, 2007 - 2013 $73.1 $67.5 $68.1 22.5 15.2 21.4° 5.6 23.1 15.8 565.9 $57.8 2.2% 29.6% 521.2 973.7 27.9% $20.5 BUDGET $79.0 0.7% 5163 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 50% 40% 30% u 20% 10% 0% General Sales Tax is up by 3.6%from this time last year: General Sales Taxes January 31, 2009 - 2013 February 26, 2013 -24 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62579(Continued) _. General Sales Taxes % Change from FY12 to FY13 (compares to same month of prior year) J^^ 4,^ / P J ? ?p Op, )p a$P PQ �. )J SPO • Collections lag sales by 2 months .s. -Monthly % Change from PY w \ 1 . A yPQ Oc' POJ OHO )PP F4O 930 — 025 — 920 -- m$15 rc 910 — 95 — 90 January 31, 2009 - 2013 3.0% Down from FY12 $25.0 025.0 49.6% 925.4 $24.9 49.4% .50.1% 12.4 912.4 52.2% $12.7 $13.0 BUDGET $25.7 49.1% 12.8 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 ®Actual Collections OYTD%of Total 80% 80% 40% 20% % of Total Collections February 26, 2013 -25 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62579(Continued) 920 — 05 — 90 Telecommunications Taxe January 31, 2009 - 2013 1 4.8% Down from FY12 $20.8 $9.5 $21.6 42.5% $9.2 $19.7 44.7% $8.8 $20.3 BUDGET $19.3 42.2% $8.6 42.4% $8.2 FY 2009 FY 2010 FY 2011 FY2012 FY2013 —Accu (Collections YTD of Total 80% 80% 40% 20% 0% % of Total Collections The City continues to do well with this Tax which is a good sign that the Resort Area and hotels are doing well overall: Hotel Room Taxes - General Fund Portion Only January 31, 2009 - 2013 10.6% Up from FY12 FY 2009 FY 2010 FY2011 FY 2012 Em Actual Collections OYfD—%of Total FY 2013 February 26, 2013 -26 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62579(Continued) Total Hotel Room Taxes January 31, 2009 - 2013 FY 2009 FY 2010 FY 2011 FY 2012 1t�Actual Collections oYTO se —% of Total FY 2013 Hotel Room Taxes 8% Allocation On millions) Total Hotel Room Tax FY13 Budget = $24.9M TAP 1%/$1 o GF 2% ■TAP 1%/$1 DTIP 5% SB SI CBD TIF receives $500K annually Hotel Room Tax = 8% plus $1 room nights Note: SB SSD has an additional 2 h % tax from GF ($222K) and TIP ($278K) February 26, 2013 -27 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62579(Continued) The City continues to do well with this Tax and fully expects to make Budget: estaurant Meat Taxes - General Fund Portion Only January 31, 2009 - 2013 FY 2009 FY 2010 FY 2011 FY 2012 IlActu !Collections oYTD +% of Total FY 2013 100% 80% 60% 40% 20% 0% IS % of Total Collections 560 845 930 915 90 Total Restaurant Meal Taxes January 31, 2009 - 2013 FY 2009 FY 2010 FY 2011 FY 2012 I ®Actual CoIlectlone YTD —%of Total 1 FY 2013 80% 60% 3 40% f= s 20% 0% 16 a• February 26, 2013 $53.5 $50.8 80.2°% 59.6% BUDGET 955.2 60 4% $33.3 4.3% Up from FY12 548.3 548.4 60.8% 60.7% $29.4 $29.4 $30.4 $319 FY 2009 FY 2010 FY 2011 FY 2012 I ®Actual CoIlectlone YTD —%of Total 1 FY 2013 80% 60% 3 40% f= s 20% 0% 16 a• February 26, 2013 -28 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62579(Continued) Restaurant Meal Taxes 5'A% Allocation (in millions) Total Restaurant Meal Tax FY13 Budget = $55.2M GF 3.5% • TAP 0.5% TIP 1.06% • OS 0.44% Summary of City's General Fund Revenues January 31, 2013 (in millions) * Real Estate Taxes $ 439.0 $ 229.3 52.2 % F Personal Property Taxes 79.0 16.3 20.7 U Pers. Prop. Tax Relief Act 53.4 6.5 12.2 A General Sales Tax 54.1 28.3 52.2 F Utility Taxes 25.7 12.6 49.1 U Telecommunications Taxes 19.3 8.2 42.4 A Business Licenses 42.4 3.7 8.7 F Hotel Taxes 5.6 4.6 82.0 F * Restaurant Taxes 35.1 21.2 60.3 F Charges for Services 54.4 28.8 52.9 F Other Local Revenues 53.2 26.1 49.0 A * State Revenues 92.0 45.6 49.6 ** U * Federal Revenues 16.7 9.6 57.5 U $ 969.9 $ 440.8 45.4 % F * GF portion only *• % does not include PPIRA portion F=Favorable A=Acceptable U=Unfavorable February 26, 2013 -29 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62579(Continued) General Fund FY 2013 Expenditures 6 Total at January 31, 2013: • $614.1M, or 59.3%, of $1.035M Budget 4 Summary of Actual Expenditures Under Budget at June 30: in millions) Total °lo of Total Budget Ci % of City Budget Schools 2008 (Actual) $55.5 5.1% S20.2 2.8% $35.3 2009 (Actual) $39.6 3.5% $24.7 3.2% $14.9 2010 (Actual) $45.3 4.1% $27.6 3.6% $17.7 2011 (Actual) $32.1 3.1% S22.4 3.2% $9.7 2012 (Actual) $31.1 3.1% $15.1 2.4% $16.0 11k., eneral Fund FY 2013 Expenditures by Type Annual YFD Actual Budget Expenditures Unencumbered Salaries Fringe Benefits Operating Expenses Capital Outlay Leases, land Structures and Improvements Debt Service Transfers to Schools Transfers to CIP Transfers to Waste Management Transfers to Sheriff Transfers to Parks and Rec Transfers to Other Areas Reserve for Contingencies Total Expenditures by Type Percent of Total $ 241,536,798 $ 140,101,889 $ 101,434,909 99,500,858 51,260,218 48,240,640 156,999,605 110,746,203 46,253,402 7,576,453 6,423,971 1,152,482 5,056,037 2,687,684 2,368,353 48,083,117 26,225,811 21,857,306 404,990,906 235,831,801 169,159,105 29,496,451 17,206,263 12,290,188 14,749,178 8,603,687 6,145,491 14,896,783 8,689,790 6,206,993 5,539,080 3,231,505 2,307,575 4,196,809 3,057,576 1,139,233 2,165,734 - 2,165,734 $ 1,034,787,809 $ 614,066,398 $ 420,721,411 100.0% 59.3% 40.7% February 26, 2013 -30 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62579(Continued) 100% 8O% S. 80% 40% 20% 0% FY 2013 Year -To -Date General Fund Expenditures Compared to Historic Trend at January 31, 2013 0.0% Jul Aug Sep Oct Nov Dec Jan Feb Mar -4-Expenditure Trend -x-% of FY13 Exp Budget Apr May Jun Percent of Total Expenditures X ae at >e ae K ty tui 2013 YTD General Fund Revenues & Expenditures Compared to Historic Trend At January 31, 2013 93.0% 85'3% YTD ACTUAL = $614.IM ACTUAL REVENUES = $440.8M 85.3% -' [1.1, 78.5% 70.0% ANNUAL BUDGET = $1,034.8M fi1.77 53.8°'" " 9.3% 8.5% ✓ 55.4 45.7% ,.. 1.8% 45A 492% 4 38.1% .: "43.5% 45.2% 61.7% 45.735 43.5% 59.3% 36.1% 27.9% 19.2"io - 26.1% Jul 1''h Aug Sap Oct Nov Daa Jan Fab Mar Apr May Jun 10.8% 18.25. 0.6% Jul Aug Sep Oct Nov Dec Jan Feb Mar -4-Expenditure Trend -x-% of FY13 Exp Budget Apr May Jun Percent of Total Expenditures X ae at >e ae K ty tui 2013 YTD General Fund Revenues & Expenditures Compared to Historic Trend At January 31, 2013 100.0% 93.0':<..:- ACTUAL REVENUES = $440.8M 85.3% -' [1.1, 78.5% ACTUAL EXPENDITURES= $614.IM 70.6^/ fi1.77 53.8°'" " 9.3% 8.5% ✓ 55.4 45.7% ,.. 1.8% 45A 492% 4 38.1% .: "43.5% 45.2% 41.9% 7 9 ,/ ' 36.1% 30. 27.0^/,,,,- 19.2% 26.1% 26.5% 10.8% 8.2% 14.2% 9.0% 10.63 73.5% 1.6% '1%9.0% 4.t Jul 1''h Aug Sap Oct Nov Daa Jan Fab Mar Apr May Jun -e-Rev Trend -U-% of P611 Rev Budget -Expenditure Trend -rt-% 01F113 Exp Budget February 26, 2013 -31 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62579(Continued) • Continue to monitor revenues in FY13 • Real Estate — June due date • Business License — March due date • Personal Property — April/May info, June due date • February Interim — March 26' • Proposed FY14 Budget presented — March 26th Mayor Sessoms thanked Ms. Phillips and her entire team for their work. February 26, 2013 -32 - CITY COUNCIL COMMENTS 4:30 P.M. ITEM #62580 Councilman Moss stated he feels that sometimes we feel that the community is somehow a distinct entity from the government itself and the Government is somehow a distinct entity from the community itself. In fact, we are not two distinct entities, it is "us ". People have liberty and Government helps us use it. It is something we owe ourselves. Mr. Moss objects to "Policy Documents" and feels it is City Council 's job. The Plan states the City strives in making sure housing is "affordable ", but what is affordable? Affordability and giving it a meaning in a metric way gives the public a way to hold the City Leaders accountable. The 5 -Year Forecast states that 35% of households spend 40% or more of their income on rent and 40% of students enrolled in the School System are eligible for free or reduced lunch. These are things about which the community should be concerned. The City should have a way to address those issues in a metric sense. When statements are too broad, we do not hold ourselves accountable. The City needs to be more honest about families' financial statuses. We should not apply these metrics only on a "City" level. The Plan then discusses Workforce Housing. What attrition rate does the City find acceptable? The Plan should include thoughts about retirement. The Sustainability Plan, as written, does not capture very well who we are as a community. Mr. Moss believes that what gets measured gets done. Mr. Moss would like some real numbers, at the local level, be included. Mr. Moss acknowledged the Sustainability Plan, as written, is a good Plan and he would not take anything out. However, Mr. Moss would like to have the issues, identified in his letter, be included in the Plan. ITEM #62581 Councilman DeSteph attended a meeting at the Wyndham regarding sequestration and suggested City Council be briefed on this issue as well. Councilman DeSteph distributed the White House Comments regarding sequestration he received at the MEDAC meeting. Councilman DeSteph attended last night 's Light Rail meeting at Landstown High School. He advised there were approximately 100 people who seemed to be very well educated on the issues. Also, the new Bike Path on Shore Drive is pretty much complete and is very nice. ITEM #62582 Councilman Uhrin attended the first meeting regarding the Cavalier Hotel. Most of the discussion was geared towards educating potential buyers and the applicable zoning. The old Cavalier Hill is zoned RT1 and that is something that may need to be looked into. Maintaining the historical integrity of this Landmark is a priority. February 26, 2013 -33 - AGENDA REVIEW SESSION 4:40 P.M. ITEM #62583 BY CONSENSUS, the following shall compose the CONSENT AGENDA: 1. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Ordinance -3216F re the terms of the Lease of City -owned property at 4th Street and Atlantic Avenue and AUTHORIZE the City Manager to EXECUTE the Lease with Ocean Water 2. Ordinance to AWARD a License Agreement of a portion of City -owned property at 4535 Commerce Street inside the Communications Room and under the spire atop the Westin Tower and AUTHORIZE the City Manager to EXECUTE the Lease Agreement with WHRO 3. Ordinance to DECLARE property adjacent to 708 Arctic Avenue and Lake Holly in EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY same to James R., Jr. and Deborah J. Flanagan in EXCHANGE 4. Ordinance to ALLOW MODIFICATIONS to expand the scope of Town Center Phase V Development Agreement and AUTHORIZE the City Manager to EXECUTE documents 5. Ordinance to AUTHORIZE and ACCEPT the dedication of the boat basins and waterways in and near Chesopeian Colony from Cheryl McLeskey and dredging drainage easements from Lynnhaven Shopping Center, LLC and Colony Pines Apartments, LLC and AUTHORIZE the City Manager to EXECUTE the necessary documents 6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York, Surry and the Towns of Smithfield and Windsor 7. Ordinances to APPROPRIATE: a. $357,000 from the Sheriff's Office Special Revenue Fund re replacement uniforms b. $24,854 Grant from the Virginia Department of Health, Office of Emergency Medical Services and TRANSFER $37,174 from the General Fund to Emergency Medical Services (EMS) re medical equipment Item #3 shall be DEFERRED to March 12, 2013. Councilmen DeSteph and Moss shall vote a verbal NAY on Item #4 February 26, 2013 -34 - AGENDA REVIEW SESSION ITEM #62583 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING 1. Application of DONALD JERNIGANfor a Conditional Use Permit re a residential kennel at 2514 Malaga Court DISTRICT 7 - PRINCESS ANNE 2. Application of LORRAINE BRYANT for a Conditional Use Permit re a child daycare at 901 Meadowood Drive DISTRICT 3 — ROSE HALL 3. Applications of McDONALD GARDEN MARKET, LLC for Conditional Use Permits re open air markets (sale of garden plants and supplies on a seasonal basis): a. MAUREEN GANNON at 4554 Virginia Beach Boulevard (parking lot of the Sears department store at Pembroke Mall) DISTRICT 4 - BAYSIDE b. DEANS. POTTER at 1550 Laskin Road (parking lot of Hilltop East Shopping Center) DISTRICT 5 - LYNNHAVEN c. PROVIDENCE SQUARE ASSOCIATES, LLC at 1043 Providence Square Shopping Center (parking lot of Shopping Center)DISTRICT 2 - KEMPSVILLE 4. Applications of ROOF SERVICES JGM CORPORATION/JGM, L.C. at 3056 Holland Road DISTRICT 7 - PRINCESS ANNE a. Change of Zoning from AG -2 Agricultural, 0-2 Office and Conditional I-1 Light Industrial to Conditional I-1 I Light Industrial b. Conditional Use Permit re a bulk storage yard 5. Applications of VIRGINIA SUPPORTIVE HOUSING/CF USB REO, LLC at 1333 Diamond Springs Road DISTRICT 4 - BAYSIDE a. Conditional Change of Zoning from Conditional 1-1 Light Industrial to Conditional 0-2 Office b. Conditional Use Permit re a single room occupancy facility 6. Application of STEVE'S TOWING/W. CECIL CARPENTER FAMILY TRUST for Modification of Conditions of a Conditional Use Permit re bulk storage (approved by City Council on January 10, 2012) to expand the storage area at 5890 Thurston Avenue, Suite B DISTRICT 4 - BAYSIDE February 26, 2013 -35- AGENDA REVIEW SESSION ITEM #62583 (Continued) 7. Ordinance to AMEND and REORDAIN Section 107 of the City Zoning Ordinance (CZO) re Amendments to the City Zoning Ordinance, Zoning District Boundaries and Zoning District Classifications of Property Item #5a/b shall be considered separately February 26, 2013 -36- ITEM#62584 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 LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). Daisy MacBride v. Daniel D 'Angelo and City of Virginia Beach February 26, 2013 1 11 -37- ITEM# 62584(Continued) Upon motion by Councilman Uhrin, seconded by Councilman Moss, City Council voted to proceed into CLOSED SESSION at 4.•55 P.M. Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Glenn R. Davis, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M. Dyer will be late Rosemary Wilson husband ill in New York City (Closed Session (Break 4:55 P.M. 5:25 P.M.) 4:56 P.M. 5:01 P.M.) February 26, 2013 -38- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 26, 2013 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, February 26, 2013, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Rosemary Wilson INVOCATION: Reverend Les Smith Senior Pastor, Victory Baptist 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 identify 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 a part of the record. February 26, 2013 -39 - 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 a part of the record. February 26, 2013 Item -VI-E CERTIFICATION -40- ITEM #62585 Upon motion by Councilman Moss, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting.• 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson Council Members Abstaining: Robert M. Dyer Absent from Closed Session February 26, 2013 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 #62584 Page 37, 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. Rut Hodges Fraser, ' MC v City Clerk February 26, 2013 Item -VI -F.1 MINUTES -41- ITEM #62586 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 12, 2013. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 -42 - ADOPT AGENDA FOR FORMAL SESSION ITEM #62587 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 26, 2013 -43- Item -VI-H.1 PUBLIC HEARINGS ITEM #62588 Mayor Sessoms DECLARED A PUBLIC HEARING: SHADOWLAWN NEIGHBORHOOD DREDGING - Special Service District There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. February 26, 2013 -44 - Item -VI-H.2 PUBLIC HEARINGS ITEM #62589 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITY -OWNED PROPERTY Parcel adjacent to 708 Arctic Avenue and Lake Holly The following individuals registered to speak: James Flanagan, 708 Artic Avenue, Phone: 428-2456, advised this issue was approved by City Council 14 or 15 years ago but he was unable to complete it at the time because of the property confusion. In 2009 he and his wife had the home demolished and built a new home on same property in 2010. Mr. Flanagan stated just recently the City Attorney informed him of a problem regarding advertising when City Council originally approved this. The City Attorney has been attempting to reconstruct the process and help get it back on track to purchase this property. Mr. Flanagan stated he and his wife do not plan to put up any fence as they are simply trying to clean up the property line. Deb Flanagan, 708 Artic Avenue, Phone: 428-2456, stated her family has maintained the property for over 90 years and this has created a problem when they are trying to mow and edge the property. Don Sheely, 705 Artic Avenue, Phone: 422-3825, advised he saw the advertisement in the Beacon and, after he made some phone calls, was told by the City Attorney's Office the process was flawed 14 or 15 years ago. Mr. Sheely stated he was never notified or even given the opportunity to purchase this parcel which has been sitting idle for 15 year. Mr. Sheely stated that he maintains the lot and has documentation from Public Works Department where he has been allowed to maintain this property. Donna Sheely, 705 Artic Avenue, Phone: 422-3825, stated she is greatly concerned about the process as she and her husband were never notified the City had declared this property EXCESS. Mr. Sheely requested the sale be stopped and allow her and her husband to apply for the purchase of this parcel. The transfer of this parcel to anyone other than her and her husband would not be right. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. February 26, 2013 -45 - Item -VI -H.3 PUBLIC HEARINGS ITEM #62590 Mayor Sessoms DECLARED A PUBLIC HEARING: LICENSE OF CITY -OWNED PROPERTY Communications Room at the Westin Tower — 4535 Commerce Street There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. February 26, 2013 -46 - Item -VI -H.4 PUBLIC HEARINGS ITEM #62591 Mayor Sessoms DECLARED A PUBLIC HEARING: SUSTAINABILITY PLAN The following individuals registered to speak: Robert Carter McRee, 525 Virginia Dare Drive, Phone: 388-3547, supports the Plan and expressed his appreciation for the City proposing "Sustainability ". Mr. McRee expressed his concern for preparedness and would like to see more in the Plan. Mr. McRee encouraged the City to continue looking at new things and better ways to do business. Dane Blythe, 2004 Oak Leaf Lane, Phone: 537-1700, Chairman of the Virginia Beach Taxpayers Alliance expressed his concern as to why City Council is voting on a Sustainability Plan. Although many people have committed a great amount of time in creating this document, he requested Councilman Moss' comments be incorporated into the Plan. Mr. Blythe requested City Council defer the vote on this Plan until those comments are included. Diana Howard, 1057 Debaca Court, Phone: 721-5128, stated government creates a problem and then identifies a solution. This Plan is designed to save us from ourselves; yet fails to tell us how much it will cost. RC Harding, 3013 N. Lynnhaven Road, Phone: 486-7449, stated he had been interested in this particular topic for some time. The United Nations published a book "The Agenda for the 21st Century" that focuses having absolute control of citizens. The Sustainability Plan also focuses on having absolute control of citizens. Mr. Harding requested City Council defer the vote on this Plan or vote No. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. February 26, 2013 -47 - Item —VI -I ORDINANCES/RESOLUTIONS ITEM #62592 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items 1, 2, 3(DEFFER TO 03/12/2013), 4 (DeSTEPH & MOSS VERBAL NAY), 5, 6 and 7a/b. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 -48 - Item -VI-I.1 ORDINANCES/RESOLUTIONS ITEM #62593 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Ordinance -3216F re the terms of the Lease of City -owned property at 467 Street and Atlantic Avenue and AUTHORIZE the City Manager to EXECUTE the Lease with Ocean Water. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 1 AN ORDINANCE TO AMEND ORDINANCE 2 ORD -3216F TO AMEND THE TERMS OF THE 3 LEASE FOR CITY -OWNED PROPERTY 4 LOCATED AT 4111 STREET AND ATLANTIC 5 AVENUE 6 7 WHEREAS, by Ordinance ORD -3216F adopted on February 14, 2012, 8 City Council authorized execution of a lease between the City of Virginia Beach 9 (the "City") and Ocean Water, LLC (`Ocean Water") for 17,863 sq. ft. (0.41 acre) 10 of City -owned property located at 4t Street and Atlantic Avenue (the "Property") 11 for use as parking (the "Lease"); 12 13 WHEREAS, the Lease executed by the City and Ocean Water is 14 consistent with the Summary of Terms approved by City Council; 15 16 WHEREAS, Ocean Water has requested a modification to the terms of the 17 Lease to provide for Ocean Water to receive a credit toward the Lease payment 18 for the real estate taxes paid on the Property; 19 20 WHEREAS, since the proposed modification to the Lease terms 21 represents a change in the substantive rights of the City, City Council approval is 22 required prior to execution of an amendment to the current Lease. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Manager is hereby authorized to execute an amendment 28 to the Lease between the City and Ocean Water for the Property, in accordance 29 with the Amended Summary of Terms, attached hereto as Exhibit A, and made a 30 part hereof, and such other terms, conditions, and modifications as may be 31 acceptable to the City Manager and in a form deemed satisfactory by the City 32 Attorney, and 33 34 2. Except for the modifications set forth in the Amended Summary of 35 Terms, Ordinance ORD -3216F shall remain in full force and effect. 36 37 38 26th day of February , 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the APPROVED AS TO CONTENT APPROVED AS TO AL SUFFICIENCY Public Work' / CA11234 c4. --e4? �. Facilities F anagement \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D014\P016\00057743.DOC R-1 02/12/10 City Attorney EXHIBIT A AMENDED SUMMARY OF TERMS LEASE OF CITY -OWNED PROPERTY LOCATED AT 4TH STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City"). LESSEE: Ocean Water LLC. PREMISES: Approximately 17,863 sq. ft. (0.41 acre) of City -owned property located at the intersection of 4th Street and Atlantic Avenue. TERM: February 1, 2012 through January 31, 2013, with four (4) one-year renewal options (the "Term"). RENT: $1,500.00 per month ($18,000.00 annually) for the first year and escalated by three percent (3%) each year thereafter. AMENDED LEASE TERM: For each year of the Term, including the first year, the amount of rent owed shall be offset by real estate taxes paid by Lessee for the Premises in that year. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for customer overflow parking for guests, customers and employees of Waterman's Restaurant and Ocean Key Resort, and no other purposes. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Make certain improvements including paving, updating landscaping and maintenance of the Premises, at a cost not to exceed $75,000 (the "Improvements"). • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia, and name the City as additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice. TERMINATION: • The City may terminate the Lease any time prior to January 31, 2017 upon ninety (90) days' written notice. • If City terminates the Lease (except in the case of a breach by the Lessee), or does not consent to a one-year renewal prior to expiration of the Term, the City shall reimburse the Lessee for the costs of the Improvements, prorated for the amount of time remaining in the Term. The City's obligation shall be subject to appropriation by Council. • If the Lessee does not consent to a renewal during the Term, or at the conclusion of the Term, the Improvements shall be owned by the City, at no cost to the City. \\vbgov.com\DFS1 \Applicalions\CityLawProd\cycom32\W pdocs\DO19\P011 \00002555. DOC -49 - Item -VI-I.2 ORDINANCES/RESOLUTIONS ITEM #62594 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AWARD a License Agreement for a portion of City -owned property at 4535 Commerce Street inside the Communications Room and under the spire atop the Westin Tower and AUTHORIZE the City Manager to EXECUTE the Lease Agreement with WHRO Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 1 AN ORDINANCE TO AWARD A LICENSE 2 OF A PORTION OF THE CITY PROPERTY 3 LOCATED AT 4535 COMMERCE STREET 4 INSIDE THE COMMUNICATIONS ROOM 5 AND UNDER THE SPIRE ATOP THE 6 WESTIN TOWER 7 8 WHEREAS, the City of Virginia Beach (the "City") owns a condominium 9 unit on the top of the Westin tower at 4535 Commerce Street (the 10 "Communications Room"); 11 12 WHEREAS, the City purchased the Communications Room for the 13 purpose of installing and utilizing communications equipment to benefit the needs 14 of the City; 15 16 WHEREAS, to support the equipment used in the Communications Room, 17 the City licenses (the "License") from Town Center Associates 7, L.L.C. use of all 18 of the space underneath the spire on the roof of the Westin tower (the "Spire 19 Space"); 20 21 WHEREAS, pursuant to the terms of the License, the City has the right to 22 sub -license use of the Spire Space to third parties and retain all revenues 23 derived from third party licensees; 24 25 WHEREAS, the City has received a request from HRETA (t/a WHRO, a 26 501(c)(3) non-profit organization owned in part by the City of Virginia Beach 27 Public Schools) ("WHRO") to sub -license a portion of the Spire Space for the 28 purpose of maintaining radio broadcasting facilities, for a five (5) year term; and 29 30 WHEREAS, the proposed use by WHRO would not interfere with the 31 City's use of the Communications Room or the Spire Space. 32 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 34 CITY OF VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute a license 37 agreement for the term of five (5) years, between WHRO and the City, for space 38 within the Communications Room and the Spire Space, in accordance with the 39 Summary of Terms attached hereto as Exhibit A and made a part hereof, and 40 such other terms, conditions and modifications as may be acceptable to the City 41 Manager and in a form deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 44 26th day of February, 2013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney CA12396 R-1 APPROVED AS TO CONTENT ommunication and Information Technology \\vbgov.cam\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D014\P016\00057745.DOC February 15, 2013 2 EXHIBIT A SUMMARY OF TERMS AN ORDINANCE TO AWARD A LICENSE OF A PORTION OF THE CITY PROPERTY LOCATED AT 4535 COMMERCE STREET INSIDE THE COMMUNICATIONS ROOM AND UNDER THE SPIRE ATOP THE WESTIN TOWER LICENSOR: City of Virginia Beach (the "City") LICENSEE: HRETA, t/a WHRO, a 501(c)(3) non-profit organization ("WHRO" or "Licensee"). HRETA is owned in part by the City of Virginia Beach Public Schools) PREMISES: Approximately 4+/- sq. ft. of space within the communications room in the Westin tower and 15+/- sq. ft. of space under the spire atop the Westin tower, located at 4535 Commerce Street (Town Center — Block 7) TERM: Five (5) years. LICENSE FEE: In exchange for the right to license the City's space, WHRO will make 101.7FM available for direct broadcast use by the City in the event of a City-wide or localized emergency where the City's Emergency Operations Center (EOC) is activated. A sister translator/repeater, 99.3FM, serving the western portion of the City, will also be available for emergency public communication. PROPOSED USE: Installation and operation of an FM repeater station to boost the radio signal of broadcasts made by Licensee. RESTRICTIONS ON USE OF LICENSED AREA: The placement and operation of all equipment shall not interfere with the City's equipment and operations at the Westin tower in either the Communications Room or on the roof. City to approve, in advance, all equipment and the placement of all equipment of Licensee. \\vbgov.com\DFS 1 \Applications\C ityLawProd\cycom32\ W pdocsNO014\P016\00057747. DOC -50 - Item -VI-I.3 ORDINANCES/RESOLUTIONS ITEM #62595 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFFERED TO MARCH 12, 2013, BY CONSENT, Ordinance to DECLARE property adjacent to 708 Arctic Avenue and Lake Holly in EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY same to James R., Jr. and Deborah J. Flanagan in EXCHANGE Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 -51 - Item -VI -I.4 ORDINANCES/RESOLUTIONS ITEM #62596 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ALLOW MODIFICATIONS to expand the scope of Town Center Phase V Development Agreement and AUTHORIZE the City Manager to EXECUTE documents Voting: 8-2 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph John D. Moss Council Members Absent: Rosemary Wilson February 26, 2013 1 ORDINANCE APPROVING MODIFICATIONS TO 2 THE TOWN CENTER PHASE V DEVELOPMENT 3 AGREEMENT 4 5 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 6 Virginia Beach Development Authority (the "Authority"), the City Manager and City 7 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 8 Development Company, L.L.C. and its affiliates, regarding the continued 9 development of the Central Business District Project known as "The Town Center of 10 Virginia Beach" (the "Project"); 11 12 WHEREAS, the Project is a development arrangement between the Authority 13 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 14 development utilizing the structure of an economic development park in the B -3A 15 Pembroke Central Business Core District, an area of the City that is zoned to 16 optimize development potential for a mixed-use, pedestrian -oriented, urban activity 17 center with mid -to -high-rise structures that contain numerous types of uses, 18 including business, retail, residential, cultural, educational and other public and 19 private uses; 20 21 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 22 99-2567B establishing the Central Business District —South Tax Increment Financing 23 Fund (the "TIF"); 24 25 WHEREAS, Phases I, II and III of the Project have been completed, and 26 Phase IV of the Project has expired; 27 28 WHEREAS, Phase V of the Project was approved by City Council on 29 November 13, 2012, and by the Authority on November 20, 2012; 30 31 WHEREAS, the Phase V Development Agreement was fully executed on 32 November 30, 2012; 33 34 WHEREAS, the Developer has approached representatives of the City and 35 the Authority about expanding the scope of Phase V of the Project; 36 37 WHEREAS the City Council finds that expanding Phase V of the Project will 38 stimulate the City's economy, increase public revenues, enhance public amenities 39 and further the City's development objectives for the Central Business District, and 40 provide necessary components to further the goals contained in the City's 41 Guidelines for Evaluation of Investment Partnerships for Economic Development; 42 and 43 44 WHEREAS, the City Council hereby approves the modifications to Phase V of 45 the Project as set forth on the Amended Summary of Terms attached hereto, and 46 desires that the Authority approve such modifications and execute such documents 47 as are necessary to evidence the modifications to Phase V of the Project. 48 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA; 50 51 1. That the modifications to the Phase V Development Agreement are 52 hereby approved, so long as such modifications are consistent with the Amended 53 Summary of Terms attached hereto as Exhibit A, and incorporated herein, and such 54 other terms, conditions or modifications as may be acceptable to the City Manager 55 and deemed legally sufficient by the City Attorney. 56 57 2. That the City Manager and the City Attorney are hereby authorized and 58 directed to proceed with the preparation of any and all documents necessary and 59 appropriate to implement the modification of the Phase V Development Agreement 60 (the "Phase V Modification Documents") consistent with the Amended Summary of 61 Terms. 62 63 3. That the City Manager, or his designee, is authorized to execute and 64 deliver any and all Phase V Modification Documents to which the City is a necessary 65 party, so long as such Phase V Modification Documents are consistent with the 66 Amended Summary of Terms and are acceptable to the City Manager and are in a 67 form deemed satisfactory by the City Attorney. 68 69 4. That City Council requests and recommends that the Authority adopt a 70 Resolution, consistent with this Ordinance, approving the modification of the Phase 71 V Development Agreement and authorizing execution of any and all other 72 documents necessary to implement Phase V of the Project. 73 74 5. The City Manager is authorized to modify the Phase V Modification 75 Documents to which the City is a party to the extent such modifications may be 76 technical in nature, provided that after such modifications, the Phase V Modification 77 Documents shall remain in substantial conformity with the Phase V Development 78 Agreement and such modifications are acceptable to the City Manager and in a form 79 deemed satisfactory by the City Attorney. 80 81 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th 82 day of February , 2013. APPROVED AS TO LEGAL SUFFICIENCY ORM APPROVED AS TO CONTENT City Attorney Economic Development APPROVED AS TO FUNDS AVAILABILITY at-eiCkatad Finance Department CA12535 V: \ applications \citylawprod cycom32 W pdocs\D006\P004\00000226. DOC R-1 February 20, 2013 EXHIBIT A AMENDED SUMMARY OF TERMS PHASE V TOWN CENTER Phase V of the Town Center Project will consist of a single -block mixed-use development on Block 11 of Town Center (presently surface parking) ORIGINAL TERMS 1. Scope of Proposed Improvements Single block, Multi -facility, Mixed-use Development / Main Building: 14 Stories • Parking Garage, approx. 850-875 Spaces (6 levels) • Office Tower (8 levels above garage) • Apartments above ground -level parking (4 floors- approximately 267 units) • Retail, Main Lobby and Apartment Lobby (approximately 18,000 sq. ft.) 2. Developer Obligations A. Developer owns all of the land except for a 30' Strip along the western edge of the block. Developer to purchase the 30' Strip from Authority (at Authority's cost of acquisition and cost of carry). B. Construct all improvements: • Office Tower • Main Lobby • First Floor Retail • Parking Garage • Apartments • Streetscapes C. Estimated Private Investment: $70.4 million D. Make payments totaling $2,950,000 between 2015 and 2023 to the Authority to prevent a shortfall in the TIF. Developer payment to be offset by construction of improvements on Block 9. 3. Authority Obligations A. Pay for Infrastructure Improvements: • Estimated Cost: $1,000,000 • To include streetscapes, utilities, traffic signals B. Lease 1 floor in new 14 -story Office Tower. • Leased Area: — 20,000 square feet • VBDA's rent— Starting at $28.25 per square foot • Rate not to be higher than anchor tenant C. Extend term of current lease in Armada/Hoffler Tower by two years (11/1/12 through 10/31/14). • Developer has right to move Authority to alternate location in Town Center during term if 10th floor is needed for Hampton University. • Developer bears all costs of move. D. Purchase Parking Garage: • Estimated Cost: not to exceed $18 million • Exact price to be determined based on construction costs 4. Other Terms: A. New Office Tower to be anchored by Clark Nexsen. • Leasing 4 full floors • Anticipate approx. 350 employees to relocate to Virginia Beach B. Developer to construct a temporary parking lot on Block 9 to partially replace spaces lost during construction. Cost to be split between Developer and Authority (Authority's share, estimated at $75,000, to come from $1 million infrastructure budget). PROPOSED MODIFICATIONS 5. Increased Size of Improvements: A. One additional level of parking with approximately 100 spaces for a total of approximately 950 spaces. B. One additional floor of office space in tower (total of 9 levels above garage), for a total of approximately 213,000 sq. ft. of office space C. 23 additional apartment units (total of 290 units). D. 3,400 additional sq. ft. of retail space (total of 21,400 sq. ft.). 6. Increased Investments: A. Public investment increased by $2 million to $21 million total ($20 million for parking garage and $1 million for streetscapes). B. Private investment increased by $14 million. Total private investment in Phase V to be $84.4 million. 7. Source of Payment for Public Investment: A. TIF Funds. B. Additional Developer payment of $100,000 per year for 9 years (total payment of $3,850,000). Developer payment to be offset by additional assessed value constructed on Block 9. C. Additional Developer payment will be offset by up to $100,000 per year by income the Authority receives for leasing parking spaces in Block 11. D. After 9 years, TIF funds will be sufficient to cover costs of additional investment 8. Modification to Construction Loan Closing The Authority holds a special termination right if the Developer has not closed on its construction loan for Phase V on or before March 31, 2013. To allow the Developer time to secure financing, that deadline will be extended by six months until September 30, 2013. -52 - Item -VI-I.5 ORDINANCES/RESOLUTIONS ITEM #62597 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and ACCEPT the dedication of the boat basins and waterways in and near Chesopeian Colony from Cheryl McLeskey and dredging drainage easements from Lynnhaven Shopping Center, LLC and Colony Pines Apartments, LLC and AUTHORIZE the City Manager to EXECUTE the necessary documents Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF THE DEDICATION OF (1) THE 3 BOAT BASINS AND WATERWAYS LOCATED IN 4 AND NEAR CHESOPEIAN COLONY FROM 5 CHERYL MCLESKEY, AND (2) DREDGING AND 6 DRAINAGE EASEMENTS FROM LYNNHAVEN 7 SHOPPING CENTER, LLC, AND COLONY PINES 8 APARTMENTS, LLC 9 10 WHEREAS, Cheryl McLeskey, Lynnhaven Shopping Center, LLC and Colony 11 Pines Apartments, LLC are the owners of the boat basins and waterways (portions of 12 GPINs 1497-47-3785, 1497-65-3548, and 1497-36-7423) located in and near the 13 Chesopeian Colony neighborhood (collectively, the "Property and Easements") as 14 shown on the attached Exhibit A; 15 16 WHEREAS, Cheryl McLeskey, individually and as manager for Lynnhaven 17 Shopping Center, LLC and Colony Pines Apartments, LLC, (the "Grantor") has agreed 18 to dedicate the Property and Easements to the City of Virginia Beach; 19 20 WHEREAS, the Grantor will reserve a perpetual easement and right of use for 21 the benefit of the lot owners adjacent to the Property and Easements to build waterfront 22 improvements such as bulkheads, piers, docks, shoreline stabilization, rip/rap and 23 similar improvements without requiring any further permission, license or right of entry 24 from the Grantor, although other permits or approvals may still be required from state, 25 federal and/or local authorities, including the City; and 26 27 WHEREAS, the Grantor will also reserve a right of use for the benefit of the lot 28 owners adjacent to the Property and Easements to use an existing boat ramp located 29 within the areas to be dedicated; 30 31 WHEREAS, the City's acceptance of the dedication of the Property and 32 Easements would promote the City's goals to facilitate public and private dredging of 33 the waterways and public drainage and for other public purposes. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That the City Council authorizes the City Manager or his designee to 39 accept the dedication of the boat basins and waterways in and near the Chesopeian 40 Colony neighborhood, as shown on the attached Exhibit A, owned by Cheryl McLeskey, 41 Lynnhaven Shopping Center, LLC and Colony Pines Apartments, LLC. 42 43 2. That the City Manager or his designee is further authorized to execute any 44 and all documents necessary or appropriate to complete acceptance of the dedication 45 of the Property and to reimburse the Grantor for legal fees associated with reviewing the 46 documents related to the dedication. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day 49 Of February , 2013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM D AS TO CONTENT .....24. 'Ad City Attorney City Manager CA12414 R-1 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d026\p014\00047722.doc 2/14/13 EXHIBIT "A" PROPERTY DESCRIPTION I. CHESOPEIAN COLONY GPIN: 1497-47-3785 & WATERWAYS WITHOUT ASSIGNED GPIN Parcel One: All that certain tract, parcel or piece of land, and the improvements thereon, including the boat ramp located at the terminus of Queen Anne Road, designated and described as "RESERVED FOR BOAT BASIN AND DRAINAGE" on that certain subdivision plat entitled "SUBDIVISION OF CHESOPEIAN COLONY SECTION ONE PRINCESS ANNE COUNTY VIRGINIA," Scale 1"=100', prepared by Frank D. Tarrall, Jr. & Associates, dated November 1955, and recorded in the aforesaid Clerk's Office in Map Book 41, at page 21. Parcel Two: All that certain tract, parcel or piece of land designated and described as "RESERVED FOR BOAT BASIN AND DRAINAGE" on that certain subdivision plat entitled "SUBDIVISION OF CHESOPEIAN COLONY SECTION TWO PRINCESS ANNE COUNTY VIRGINIA," Scale 1"=100', prepared by Frank D. Tarrall, Jr. & Associates, dated November 1955, and recorded in the aforesaid Clerk's Office in Map Book 41, at page 22. Parcel Three: All that certain tract, parcel or piece of land designated and described as "RESERVED FOR BOAT BASIN AND DRAINAGE" on that certain subdivision plat entitled "SUBDIVISION OF CHESOPEIAN COLONY SECTION THREE PRINCESS ANNE COUNTY VIRGINIA," Scale 1"=100', prepared by Frank D. Tarrall, Jr. & Associates, dated May 1957, and recorded in the aforesaid Clerk's Office in Map Book 44, at page 18. Parcel Four All those areas that are or may be owned by Grantor channelward of the platted lot lines in the areas marked "BRANCH OF LYNNHAVEN RIVER" and "KINGS LAKE -- STRIP FOR EASEMENT AND USE OF ADJOINING PROPERTY OWNERS" and the area channelward of the southern boundary of Lot 199 on 1 that certain subdivision plat entitled "SUBDIVISION OF CHESOPEIAN COLONY SECTION FOUR PRINCESS ANNE COUNTY VIRGINIA," Scale 1"=100', prepared by Frank D. Tarrall, Jr. & Associates, dated March, 1956, and recorded in the aforesaid Clerk's Office in Map Book 46, at page 4. Parcel Five All those areas that are or may be owned by Grantor channelward of the platted lot lines of Lots 212 and 213 on that certain subdivision plat entitled "SUBDIVISION OF CHESOPEIAN COLONY SECTION FIVE PRINCESS ANNE COUNTY VIRGINIA," Scale 1"=100', prepared by Frank D. Tarrall, Jr. & Associates, dated December, 1963, and recorded in the aforesaid Clerk's Office in Map Book 60, at page 6. RESERVING from Parcels One, Two, Three, Four and Five a nonexclusive, perpetual variable width easement and right of use, as more particularly described below, for the benefit of all of the owners, and their heirs, devisees, successors and assigns, of those certain lots shown on the aforesaid plats of Chesopeian Colony, Sections One, Two, Three, Four and Five, as being adjacent to the Boat Basins and Waterways as defined herein (the "Benefitted Lot(s)"), which easement as to each Benefitted Lot is comprised of the zone between the Benefitted Lot's property line abutting the Boat Basins and Waterways ("Easement Line A") and a line located three (3) feet channelward of the edge of water ("Easement Line B") along the entire boundary of Easement Line A for the purpose of construction of any Waterfront Improvements, as defined herein, dredging, water access, shore stabilization or protection, and any activity or structure necessary for the enjoyment or protection of such waterfront lots by the owner(s) of any of such adjacent lots. ALSO RESERVING from Parcel One a perpetual easement and right of use for the benefit of all of the residents of all sections of Chesopeian Colony, the Chesopeian Colony Civic League, and any other organization that is duly authorized to represent the Chesopeian Colony lot owners, which easement and right of use shall include the right to maintain (or replace with like kind) the currently existing Boat Ramp located in Section One, at the terminus of Queen Anne Road, although other permits and approvals may still be required from state, federal and /or local authorities, including Grantee. 2 LESS AND EXCEPT any portion of said lands previously conveyed by Grantor or her predecessors in title. II. COLONY PINES APARTMENTS GPIN: 1497-65-3548 All that certain nonexclusive, perpetual easement located in the City of Virginia Beach and designated and described as "Area 1" and "Area 2" and further shown as "EASEMENT AREA TO BE GRANTED TO CITY OF VIRGINIA BEACH," (hereinafter the "Easement Areas") on that certain exhibit entitled "EXHIBIT OF WATERWAY AREAS OF COLONY PINES APARTMENTS LLC," Scale 1"=200', dated December 5, 2012, which exhibit is attached hereto and made a part hereof by this reference. RESERVING unto the Grantor a nonexclusive, perpetual variable width easement and right of use, for the area from the landward boundaries of Area 1 and Area 2 to a line located three (3) feet channelward of the edge of water along the entire boundary of the Easement Areas for the purpose of construction of any Waterfront Improvements, as defined herein, dredging, water access, shore stabilization or protection, and any activity or structure necessary for the enjoyment or protection of the remaining lands of Grantor. IT BEING a portion of the property conveyed to Grantor by Deed dated February 26, 2008, from F. Wayne McLeskey, Jr., and duly recorded in the aforesaid Clerk's Office as Instrument Number 20080710000809490. III. LYNNHAVEN SHOPPING CENTER GPIN: 1497-36-7423 All that certain nonexclusive, perpetual easement located in the City of Virginia Beach and designated and described as "EASEMENT AREA TO BE GRANTED TO CITY OF VIRGINIA BEACH," (hereinafter the "Easement Area") on that certain exhibit entitled "EXHIBIT OF WATERWAY AREAS AND BOAT RAMP OF LYNNHAVEN SHOPPING CENTER LLC," Scale 1"=200', dated December 5, 2012, which exhibit is attached hereto and made a part hereof by this reference. TOGETHER WITH the nonexclusive, perpetual right of access to and use of the Boat Ramp depicted on the aforesaid exhibit for any public project. 3 RESERVING unto the Grantor a nonexclusive, perpetual variable width easement and right of use of the area from the landward boundaries of the Easement Area to a line located three (3) feet channelward of the edge of water along the entire boundary of the Easement Area for the purpose of construction of any Waterfront Improvements, as defined herein, dredging, water access, shore stabilization or protection, and any activity or structure necessary for the enjoyment or protection of the remaining lands of Grantor. FURTHER RESERVING a perpetual easement and right of use for the benefit of all of the residents of all sections of Chesopeian Colony, the Chesopeian Colony Civic League, and any other organization that is duly authorized to represent the Chesopeian Colony lot owners, which easement and right of use shall include the right to maintain (or replace with like kind) the currently existing Boat Ramp located in the waters of Section One, at the terminus of Queen Anne Road, although other permits and approvals may still be required from state, federal and /or local authorities, including Grantee. IT BEING a portion of the property conveyed to Grantor by Deed dated February 26, 2008, from F. Wayne McLeskey, Jr., and duly recorded in the aforesaid Clerk's Office as Instrument Number 20080710000809480. 4 , ..." -1\ " • Not= 1. AD plan/metric features were taken ft= GIS Mapping of City orVirginis ilcarli and SCALE 1" = 400' are not from a atn-vey location ia the field. 2. Meriden source is based 071 the Vixeado StatePIan Coordinaws, South Zone, NAD 19J1993 (EARN). 400' 800" SKEET 2 OF 2 SEPTEiVIBER. 4, 2012 CHESOPEIAN COLONY BOAT BASINS & WATERWAYS' -53- Item -VI-I.6 ORDINANCES/RESOLUTIONS ITEM #62598 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York, Surry and the Towns of Smithfield and Windsor Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A POLICE MUTUAL AID 3 AGREEMENT WITH THE CITIES OF CHESAPEAKE, 4 FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, 5 POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA 6 BEACH, WILLIAMSBURG, AND THE COUNTIES OF 7 JAMES CITY, ACCOMACK, GLOUCESTER, ISLE OF 8 WIGHT, NORTHAMPTON, YORK, SURRY, AND THE 9 TOWNS OF SMITHFIELD and WINDSOR 10 11 WHEREAS, Virginia law authorizes local governments to enter into reciprocal 12 agreements for mutual aid and for cooperation in the furnishing of police services; and 13 14 WHEREAS, it is deemed mutually beneficial to the Cities of Chesapeake, 15 Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia 16 Beach, Williamsburg, and the Counties of James City, Accomack, Gloucester, Isle of 17 Wight, Northampton, York, Surry, and the Towns of Smithfield and Windsor to enter into 18 an agreement concerning mutual aid and cooperation with regard to law enforcement, 19 increasing the ability of the local governments to promote the safety and welfare of the 20 entire area. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the accompanying Police Mutual Aid Agreement is approved and that the 26 City Manager be directed to execute said Agreement on behalf of the City of Virginia 27 Beach. Adopted by the council of the City of Virginia Beach, Virginia, on the 26th day of February 2013. APPROVED AS TO CONTENT: ‘Z777.77 -e.,(1 Police Department APPROVED AS TO LEGAL SUFFICIENCY: City Attlxiey's`Qffi CA12517 February 6, 2013 LAW ENFORCEMENT MUTUAL AID AGREEMENT THIS AGREEMENT, made this 1St day of January, 2013, by and among the Cities of CHESAPEAKE, FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH and WILLIAMSBURG, each a municipal corporation of the Commonwealth of Virginia; the County of JAMES CITY, a political subdivision of the Commonwealth of Virginia; the Sheriff of the County of ACCOMACK; the Sheriff of the County of GLOUCESTER; the Sheriff of the County of ISLE OF WIGHT; the Sheriff of the County of NORTHAMPTON; the Sheriff of the County of SURRY; the Sheriff of the County of YORK; the Town of SMITHFIELD; and the Town of WINDSOR. WHEREAS, Virginia law authorizes local governments and Sheriffs, in counties where no police department has been established, to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of law enforcement services; and WHEREAS, the thirteen local governments and the Sheriffs of the Counties of Accomack, Gloucester, Isle of Wight, Northampton, Surry and York have determined that the provision of law enforcement aid across jurisdictional lines will increase their ability to preserve the safety and welfare of the entire area; and WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and WHEREAS, the parties hereto desire that the terms and conditions of this Law Enforcement Mutual Aid Agreement be established. NOW, THEREFORE, in consideration of the mutual benefits to be derived from a Law Enforcement Mutual Aid agreement, the parties hereto covenant and agree as follows: 1 1. Each party will endeavor to provide law enforcement support to the other parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be made by the requesting jurisdiction's Chief of Police or Sheriff, whichever is applicable, or their respective designee. 3. The requesting party shall be responsible for designating a radio communications system for use by the requested party. 4. The personnel of the requested party shall render such assistance under the direction of the Chief of Police or Sheriff of the requesting party, or their respective designee. 5. Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: uniformed officers, canine officers, aerial support when maintained, forensic support, plainclothes officers, special operations personnel and related equipment. All law enforcement officers and personnel shall be duly trained and currently certified for the position provided. 6. Subject to the terms of this Agreement, and without limiting in any way the other circumstances or conditions in which mutual aid may be requested and provided under this Agreement, the parties hereto agree to provide assistance to the requesting party in situations requiring the mass processing of arrestees and transportation of arrestees. The parties to the Agreement further agree to assist the requesting party with security and operation of temporary detention facilities. 2 7. Nothing contained in this Agreement should in any manner be construed to compel any of the parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made are, in the opinion of the requested party, needed or are being used within the boundaries of that party, nor shall any request compel the requested party to continue to provide law enforcement support to another party when its personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction. 8. In those situations not involving the provision of mutual aid upon request, law enforcement officers and personnel, and other employees of any city, county, town or Sheriff hereunder, may also enter any other jurisdiction in furtherance of law enforcement purposes, concerning any offense in which the entering law enforcement agency may have a valid interest; provided, that the entering personnel shall, as soon as practical, make such presence known to the Chief of Police or Sheriff of the entered jurisdiction, or his designated representative. 9. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the law enforcement agency of the locality whose court has original jurisdiction over the offense. Entering law enforcement personnel shall promptly notify the law enforcement agency of the entered locality upon discovery of a crime over which the court of the entered locality has original jurisdiction. 10. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a 3 law enforcement officer; such authority shall be in conformance with §§ 15.2- 1724; 15.2-1726; 15.2-1730; 15.2-1730.1 and 15.2-1736 of the Code of Virginia, as amended. Law enforcement officers of any party who might be casually present in any other jurisdiction shall have power to apprehend and make arrests only in such instances wherein an apparent, immediate threat to public safety precludes the option of deferring action to the local law enforcement agency. 11. All law enforcement officers, agents and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers, rights, benefits, privileges and immunities in each other's jurisdiction, including the authority to make arrests in each other's jurisdiction. 12. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the parties within their boundaries shall extend to their participation in rendering assistance outside their boundaries pursuant to this Agreement. It is understood that for the purposes of this Agreement, the responding party is rendering aid once it has entered the jurisdictional boundaries of the party requesting assistance. 13. All pension, relief, disability, worker's compensation, life and health insurance and other benefits enjoyed by said law enforcement officers or personnel as employees of their respective jurisdictions shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that the provision of these benefits shall remain the responsibility of the employing party. 4 14. Each party agrees that, in activities involving the rendering of assistance to another party pursuant to this Agreement, each party shall waive any and all claims against all other parties hereto which may arise out of their activities outside their respective jurisdiction. 15. The parties shall not be liable to each other for reimbursement for injuries to law enforcement officers or personnel, or damage to equipment incurred when going to or returning from another jurisdiction, except to the extent that reimbursement for such expenses may be or is received from the Federal Emergency Management Agency (FEMA) or another governmental agency. Neither shall the parties be liable to each other any other costs associated with, or arising out of, the rendering of assistant pursuant to this Agreement, except to the extent that reimbursement for such expenses may be or is received from FEMA or another governmental agency. 16. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual law enforcement services between the parties. 17. Any of the parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other parties. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective city manager, county administrator, town manager or Sheriff; the official seal of each city, county and town affixed hereto and attested by their respective city, county or town clerk, and indicating thereafter the ordinance or resolution authorizing the execution. Sheriffs may attest by Notary Public. ATTEST: City Clerk Resolution/Ordinance #: Adopted On: 14 CITY OF VIRGINIA BEACH BY: City Manager SUMMARY OF TERMS 1. Event — an incident requiring a law enforcement response that exceeds the equipment and/or personnel resources of the member's Police Department. 2. Mutual Aid Agreement — An agreement between nineteen (19) localities to provide emergency services in the event an incident occurs that requires resources beyond those of the requesting locality's law enforcement department. The Agreement also provides arrest authority for officers responding to the requesting jurisdiction's locality, and allows arrest authority for officers present in another's jurisdiction in the event of an immediate threat to public safety. 3. Nature — Outlines the procedures for the City of Virginia Beach to provide and receive law enforcement manpower and equipment, if available, in an effort to effectively respond to emergency incidents. 4. Term — This Agreement is effective upon execution, and may be terminated without cause upon thirty (30) days written notice by either party. This Agreement mirrors and will rescind the 2012 Agreement upon execution. 5. Insurance — Insurance requirement are met through the City of Virginia Beach's self-insurance program administered by Risk Management. -54- Item-VI-I.7a/b ORDINANCES/RESOLUTIONS ITEM #62599 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to APPROPRIATE: a. $357, 000 from the Sheriff's Office Special Revenue Fund re replacement uniforms b. $24,854 Grant from the Virginia Department of Health, Office of Emergency Medical Services and TRANSFER $37,174 from the General Fund to Emergency Medical Services (EMS) re medical equipment Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 1 AN ORDINANCE TO APPROPRIATE $357,000 FROM THE 2 FUND BALANCE OF THE SHERIFF'S OFFICE SPECIAL 3 REVENUE FUND TO REPLACE UNIFORMS 4 5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA: 7 8 That $357,000 is hereby appropriated from the fund balance of the Sheriff's 9 Office Special Revenue Fund to the FY 2012-13 Operating Budget of the Sheriff's Office 10 to begin converting the Sheriff's Office uniforms from brown to blue. 11 12 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day 13 of February , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: 1 Management Services CA12521 R-1 February 13, 2013 APPROVED AS TO LEGAL SUFFICIENCY: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS AND TO TRANSFER FUNDS FOR 3 THE PURCHASE OF STRETCHERS AND RELATED 4 EQUIPMENT FOR AMBULANCES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $24,854 is hereby accepted from the Virginia Department of Health, Office 10 of Emergency Medical Services, and appropriated, with estimated state revenues 11 increased accordingly, to the FY 2012-13 Operating Budget of the Department of 12 Emergency Medical Services to purchase four power stretchers and related equipment; 13 and 14 15 2) $37,174 is hereby transferred from the General Fund Reserve for 16 Contingencies to the FY 2012-13 Operating Budget of the Department of Emergency 17 Medical Services to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of February 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services CA12518 R-1 February 6, 2013 Item -VI-J PLANNING 1. DONALD JERNIGAN 2. LORRAINE BRYANT -55- ITEM #62600 3. McDONALD GARDENMARKET, LLC a. MA UREEN GANNON b. DEANS. POTTER c. PROVIDENCE SQUARE ASSOCIATES, LLC 4. ROOF SERVICES JGM CORPORATION/ JGM, L.C. 5. VIRGINIA SUPPORTIVE HOUSING/ CF ISB REO, LLC. 6. STEVE'S TOWING/W. CECIL CARPENTER FAMILY TRUST 7. CITY OF VIRGINIA BEACH CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING and CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING and CONDITIONAL USE PERMIT MODIFICATION OF CONDITIONS AMEND and REORDAIN Section 107 of the City Zoning Ordinance (CZO) February 26, 2013 -56- Item -VI-J PLANNING ITEM #62601 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3a/b/c, 4a/b, 6 and 7 of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 1 11 -57- Item-VI-J.1 PLANNING ITEM #62602 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of DONALD JERNIGANfor a Conditional Use Permit re a residential kennel at 2514 Malaga Court DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of DONALD JERNIGANfor a Conditional Use Permit re a residential kennel at 2514 Malaga Court (GPIN2414608997) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to six (6) dogs. At such time as any of the dogs covered by this Use Permit die, no other dog(s) of any kind, gender, age or breed shall be permitted on the property to replace the dog(s). Notwithstanding however, the applicant may keep up to four (4) dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs are current with regard to all required vaccinations and immunizations and are properly licensed through the City of Virginia Beach. 3. In accordance with Section 223 of the Zoning Ordinance, the dogs must be kept in a soundproof and air-conditioned building. Structural accommodations to existing sheds or construction of new building(s) to meet this requirement shall be completed within six (6) months of City Council approval. 4. All dogs, when outside of the home, shall remain within the fenced -in areas, be supervised at all times and shall not be a nuisance to any other property owners or residents. 5. The existing fences shall be maintained in good condition. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Sixth day of February Two Thousand Thirteen February 26, 2013 -58- Item-VI-J.1 PLANNING ITEM #62602(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 -59- Item—VI-J.2 PLANNING ITEM #62603 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of LORRAINE BRYANT for a Conditional Use Permit re a child daycare at 901 Meadowood Drive DISTRICT 3 — ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of LORRAINE BRYANT for a Conditional Use Permit re a child daycare at 901 Meadowood Drive (GPIN 1486614663) DISTRICT 3 — ROSE HALL The following conditions shall be required: 1. The home Daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7:00 A.M. to 6:00 P.M. 3. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking -up or dropping -off children are parked on the applicant 's front driveway or along the curb of Stoneshore Road adjacent to the applicant's yard. 4. The applicant shall keep vehicles specifically associated with the home occupation business parked in the driveway. 5. A sign, no greater than one (1) square foot in size, advertising the home Daycare may be installed on the house. 6. No more than one (1) person living outside of the home, other than the applicant, shall be employed by the home Daycare. 7. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence shall meet the requirements of the Virginia Department of Social Services. 8. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 9. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home Daycare use. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Sixth day of February, Two Thousand Thirteen February 26, 2013 -60- Item—VI-J.2 PLANNING ITEM #62603(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 -61- Item-VI-J.3a/b/c PLANNING ITEM # 62604 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Applications of McDONALD GARDEN MARKET, LLC for Conditional Use Permits re open air markets (sale of garden plants and supplies on a seasonal basis) a. MAUREEN GANNON at 4554 Virginia Beach Boulevard (parking lot of the Sears department store at Pembroke Mall) DISTRICT 4 — BAYSIDE b. DEANS. POTTER at 1550 Laskin Road (parking lot of Hilltop East Shopping Center) DISTRICT 5 - LYNNHAVEN c. PROVIDENCE SQUARE ASSOCIATES, LLC at 1043 Providence Square Shopping Center (parking lot of Shopping Center)DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of McDONALD GARDEN MARKET, LLC for Conditional Use Permits re open air markets (sale of garden plants and supplies on a seasonal basis) a. MAUREEN GANNON at 4554 Virginia Beach Boulevard (parking lot of the Sears department store at Pembroke Mall) (GPIN 1477562034) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. Location and set-up of the seasonal market shall substantially conform to the submitted Site Plan and shall not occupy more than fifty-five (55) parking spaces. 2. This Use Permit allows for operation of the market each year from March 1 through July 31 between the hours of 8:00 A.M. and 8:00 P.M. 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the Graphics Plan submitted with this application. 4. The applicant shall follow all the safety measures recommended in the submitted report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market's personnel as well as the public. 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie -down requirements for the shed structure. 6. As required by Section 239.03 of the Zoning Ordinance, there shall be no. less than one (1) trash receptacle per one thousand (1,000) square feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow and litter and debris shall not be allowed to accumulate. February 26, 2013 -62- Item-VI-J.3a/b/c PLANNING ITEM # 62604 (Continued) b. DEANS. POTTER at 1550 Laskin Road (parking lot of Hilltop East Shopping Center) (GPIN 2407996644) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. Location and set-up of the seasonal market shall substantially conform to the submitted Site Plan and shall not occupy more than fifty-two (52) parking spaces. 2. This Use Permit allows for operation of the market each year from March 1 through July 31 between the hours of 8:00 A.M. and 8:00 P.M 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the Graphics Plan submitted with this application. 4. The applicant shall follow all the safety measures recommended in the submitted report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market's personnel as well as the public. 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie -down requirements for the shed structure. 6. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow and litter and debris shall not be allowed to accumulate. c. PROVIDENCE SQUARE ASSOCIATES, LLC at 1043 Providence Square Shopping Center (parking lot of Shopping Center)(GPIN 1466538222) DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. Location and set-up of the seasonal market shall substantially conform to the submitted Site Plan and shall not occupy more than thirty-one (31) parking spaces. 2. This Use Permit allows for operation of the market each year from March 1 through July 31 between the hours of 8:00 A.M. and 8:00 P.M. 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the Graphics Plan submitted with this application. 4. The applicant shall follow all the safety measures recommended in the submitted February 26, 2013 1 11 -63- Item-VI-J.3a/b/c PLANNING ITEM # 62604 (Continued) report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market's personnel as well as the public. 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie -down requirements for the shed structure. 6. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales These Ordinances shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Sixth day of February, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 -64 - Item -VI -J.4 PLANNING ITEM #62605 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS PROFFERED/CONDITIONED, BY CONSENT, Applications of ROOF SERVICES JGM CORPORATION/JGM, L.C. at 3056 Holland Road DISTRICT 7 - PRINCESS ANNE a. Change of Zoning from AG -2 Agricultural, 0-2 Office and Conditional I-1 Light Industrial to Conditional I-1 I Light Industrial b. Conditional Use Permit re a bulk storage yard BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of ROOF SERVICES JGM CORPORATION/JGM, L.C. at 3056 Holland Road (GPIN 1495240400) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: a. Change of Zoning from AG -2 Agricultural, 0-2 Office and Conditional I-1 Light Industrial to Conditional I-1 I Light Industrial An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. b. Conditional Use Permit re a bulk storage yard 1. All materials and equipment shall be stored within the limits of the bulk storage area. 2. As allowed by Section 221(i) of the Zoning Ordinance and based on a finding that there will not be significant detrimental effects on the surrounding properties by such action, a deviation to the screening requirements for bulk storage yards (Section 228) is permitted as follows. The required Category I landscape buffer shall be installed within five (5) feet of the property lines adjacent to the bulk storage area. The proposed eight (8) foot tall ornamental security fence may be placed on the property lines adjacent to the bulk storage area. 3. Existing mature landscaping along Holland Road and along the southern portion of the site between Holland Road and the building shall be retained and maintained in good condition. This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Sixth day of February, Two Thousand Thirteen February 26, 2013 -65 - Item -VI -J.4 PLANNING ITEM #62605(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 -66- Item—VI-J.5a/b PLANNING ITEM #62606 VIRGINIA SUPPORTIVE HOUSING/CF USB REO, LLC The following individuals registered to speak: R.J. Nutter, Attorney for Applicant, stated this facility is not a Homeless Shelter, but the next and best answer to the Homeless problem. The facility is an apartment facility with `half of the apartments for persons that are transitioning out of being homeless and the other `half of the apartments for persons that qualify for workforce housing. Every applicant is screened. If accepted, that person will sign a lease. There is an office on-site that is manned 24 hours a day. Services that are offered are job training, assistance in medical care, psychiatric care and substance abuse care. The Applicants took every concern seriously and addressed each of them. Mr. Nutter distributed several letters from neighboring businesses in support of this project. Mary Aab, 2425 Goshold Avenue, Norfolk, VA, Region Supportive Services Director — Virginia Supportive Housing, stated she oversees all of the programs in the Hampton Roads area and is very proud of these facilities. This program assists residents with health care, substance abuse and helps address basic living skills. Ms. Aab advised some residents of Cloverleaf had been homeless in excess of 18 years. Ten (10) former Cloverleaf residents now reside in the City as regular members of the community. Erin Briggs, 401 4`I` Street, NW, Charlottesville, Case Manager — Virginia Supportive Housing advised they have had many successes. This program works closely with the Police Department and reports a decrease in crime in and around these facilities. Pamela Fletcher, 1600 South Street, Portsmouth, a resident of South Bear Apartments became homeless after her father and husband passed away in the same year. Ms. Fletcher was sleeping outside and called the City of Chesapeake who advised her about the Virginia Supportive Housing program. She became a resident of one of their facilities in June 2012. Ms. Fletcher stated when she turned the key to unlock her apartment, it gave her hope and if she had remained homeless much longer she would have most likely died. Aaron Lilly, 964 S. Military Highway, resides in Cloverleaf Apartments. He is the oldest resident of this facility and was embarrassed when other residents started calling him " pops". Mr. Lilly stated they have a great Counselor at the facility and everyone there is always willing to help. Tim McCarthy, 3845 Prince Phillips Circle, Phone: 486-3375, supports this program and hopes this will help end Homelessness. This facility provides housing for the Homeless with affordable housing. Mr. McCarthy advised this program is a good, compassionate and helps solve the homeless problem. 98% of individuals that enter this program are never homeless again. Robert Searless, Diamond Springs Gardenwood Park Civic League — President, expressed concern about this project as they only learned of it 3- 1/ weeks ago. It appears this project is being rushed. This area has a very high crime rate and dangerous roads and intersections. Mr. Searless requested the location be reevaluated as the safety is paramount to those individuals this program is trying to assist. Warren Skinner, Diamond Springs Baptist Church — Pastor, Phone: 363-2790, stated his church is located directly across from Bayside Middle School. Mr. Skinner has devoted his life to helping people. His church has many outreaches and commends the dedication and passion of the folks at Virginia Supportive Housing. Mr. Skinner expressed concern about the location of this facility and the dangerous roads and intersections. February 26, 2013 -67- Item—VI-J.5a/b PLANNING ITEM #62606(Continued) Geoff Bauer, Wesleyan Chase Civic League — President, Phone: 460-1972 expressed concern regarding the facilities proximity next to residence. Mr. Bauer is an avid runner and biker and there are no pedestrian lights on these dangerous roads and intersections surrounding this facility. Mr. Bauer requested the location be reevaluated and asked City Council to defer the vote on this project. Dennis Dorsman, Phone: 464-5117, advised he is a resident of Garden Wood Park and expressed concern for the location of this facility as it is very close to an elementary school. Mr. Dorsman requested the location be reevaluated. Jorge Cfuntes, 5512 Haden Road, Phone: 227-4051, expressed concern for this project being fast tracked. No one in the area was informed. He requested the location be relocated to an area in the City that is better suited for the facility. Julie Bobka, 1704 King William Road, Phone: 464-0769, expressed concern for the location of this facility as it is very close to an elementary school. This location should be reevaluated as this is not the best location for this facility. Roger Wiley, Phone: 460-2720, expressed his concern regarding the safety of the individuals that would be living in the facilty as the roads surrounding the facility are heavily traveled by trucks. Angela Kellam, Phone: 631-0710, Executive Director — Samaritan House, stated the success rate of these facilities are amazing. This facility will help individuals that have made a conscious choice to change their lives. To prevent homelessness, the City must provide affordable housing. Claudia Gooch, Phone: 622-9268, Vice President for Community and Planning Development — The Planning Council stated the program is the cornerstone that offers affordable housing and support services that keep individuals from being homeless. Darren Skinner, NW Beach Partnerships — Vice President, Northwest Beach Partnership, requested a deferral of this project for sixty (60) days. Mr. Skinner visited Cloverleaf Apartments and advised what is being advertised and what is actually taking place are not the same. Mr. Skinner stated the design of this program does not motivate residents to obtain gainful employment. Mr. Skinner believes we have an obligation to help individuals that come across hard times; however, the location of this facility is setting them up for failure. Frank Wilson, 1200 Communication Circle, Phone: 478-2222, expressed his concern as there is a very serious safety issue in this area. The surrounding roads and intersections are dangerous as the speed limit is 55mph. No other speakers registered: Councilman Davis inquired as to making this facility alcohol free but this is not something the Virginia Supportive Housing requires or would agree to. Council Lady Henley emphasized the residents "SHALL ADHERE TO THE MANAGEMENT AGREEMENT" and encouraged the program to ensure that is being done. February 26, 2013 -68- Item—VI-J.5a/b PLANNING ITEM #62606(Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS PROFFERED/CONDITIONED, Applications of VIRGINIA SUPPORTIVE HOUSING/CF USB REO, LLC at 1333 Diamond Springs Road DISTRICT 4 — BAYSIDE a. Conditional Change of Zoning from Conditional I-1 Light Industrial to Conditional 0-2 Office b. Conditional Use Permit re a single room occupancy facility BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of VIRGINIA SUPPORTIVE HOUSING/CF USB REO, LLC at 1333 Diamond Springs Road (GPIN 1469009994) DISTRICT 4 — BAYSIDE The following conditions shall be required: a. Conditional Change of Zoning from Conditional I-1 Light Industrial to Conditional 0-2 Office An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. b. Conditional Use Permit re a single room occupancy facility 1. The Property, when developed, shall be developed in substantial conformity with the conceptual Site Plan prepared by Langley & McDonald, entitled "Virginia Supportive Housing, Site Plan, 1333 Diamond Springs Road", dated November 29, 2012, (the "Concept 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 buildings on the Property shall be developed in substantial conformity with the conceptual building renderings prepared by Via Architects, entitled "Virginia Supportive Housing, Conceptual Elevations, 1333 Diamond Springs Road", dated November 29, 2012, (the "Renderings"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. There shall be no more than eighty-one (81) single -room occupancy units within the two (2) buildings shown on the Site Plan referenced in Condition 1. 4. The applicant shall adhere to the provisions of the submitted "Crescent Square Management Plan," a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. February 26, 2013 -69- Item-VI-J.5a/b PLANNING ITEM #62606(Continued) 5. There shall be at least forty-one (41) parking spaces located on the site as shown on the Plan referenced in Condition 1. 6. Based upon a finding that the commercial design guidelines of the Burton Station Strategic Growth Area Implementation Plan recommend the front of buildings be located adjacent to or near the right-of-way (dependent on the type of use), as well as a finding that there will be no significant detrimental effects on surrounding properties due to a front yard setback less than that prescribed by the Zoning Ordinance, the front yard setback as shown on the Plan referenced in Condition 1 shall be allowed, as provided for by Section 221(i) of the Zoning Ordinance. City Council asked the applicant to comply with the Management Plan. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Sixth day of February, Two Thousand Thirteen Voting: 9-1 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: Glenn R. Davis Council Members Absent: Rosemary Wilson February 26, 2013 -70- Item—VI-J.6 PLANNING ITEM #62607 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of STEVE'S TOWING/W. CECIL CARPENTER FAMILY TRUST for Modification of Conditions of a Conditional Use Permit re bulk storage (approved by City Council on January 10, 2012) to expand the storage area at 5890 Thurston Avenue, Suite B DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of STEVE'S TOWING/W. CECIL CARPENTER FAMILY TRUST for Modification of Conditions of a Conditional Use Permit re bulk storage (approved by City Council on January 10, 2012) to expand the storage area at 5890 Thurston Avenue, Suite B (GPIN 1459937553) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. The two (2) conditions attached to the Conditional Use Permit granted by the City Council on January 10, 2012, shall remain in effect and shall apply to the entire 13,510 square foot space currently leased by the applicant. 2. The existing chain link fence shall be extended to surround the additional 6,790 square feet of area now leased by the applicant. Additionally, the applicant shall provide landscaping, a minimum of seventy (70) feet along the western lot line and one hundred ninety-three (193) feet along the northern lot line, to screen the bulk storage yard. This landscaping shall be kept alive and properly maintained during the application of the Conditional Use Permit. 3. Use of two (2) storage containers shall be permitted within the fenced -in area for the storage of the applicant's tools and items from the towed vehicles. 4. Any vehicle stored long-term by the applicant shall be operative and parked within the fenced -in area. An operative vehicle shall be stored no longer than one (1) year. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Sixth day of February, Two Thousand Thirteen February 26, 2013 -71- Item—VI-J.6 PLANNING ITEM #62607(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 -72- Item—VI-J.7 PLANNING ITEM #62608 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, STAFF TO PREPARE "POINT SHEET", Ordinance to AMEND and REORDAIN Section 107 of the City Zoning Ordinance (CZO) re Amendments to the City Zoning Ordinance, Zoning District Boundaries and Zoning District Classifications of Property Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 1 2 AN ORDINANCE TO AMEND SECTION 107 OF THE 3 CITY ZONING ORDINANCE, PERTAINING TO 4 AMENDMENTS TO THE CITY ZONING 5 ORDINANCE, ZONING DISTRICT BOUNDARIES, 6 AND ZONING DISTRICT CLASSIFICATIONS OF 7 PROPERTY 8 9 Section Amended: City Zoning Ordinance 107 10 11 WHEREAS, the public necessity, convenience, general welfare, and good zoning 12 practice so require; 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 That Section 107 of the City Zoning Ordinance, pertaining to amendments to the City 16 Zoning Ordinance, zoning district boundaries, and zoning district classifications of property, is 17 hereby amended and reordained, to read as follows: 18 19 ARTICLE 1. GENERAL PROVISIONS 20 21 Sec. 107. Amendments. 22 (a) Initiation. Whenever the public necessity, convenience, general welfare, or good 23 zoning practice requires, the city council may by ordinance, amend, supplement, or change the 24 regulations, district boundaries, or zoning district classifications of property. Any such 25 amendment action may be initiated by resolution of the city council, or by motion of the 26 planning commission, or, where a change of the zoning district classification of property is 27 sought, by petition of the owner, contract purchaser with the owner's written consent, or the 28 owner's duly authorized agent therefor, of the property which is the subject of the proposed 29 zoning map amendment change of zoning district classification, addressed to the city council. 30 In the latter case, the petition shall be addressed to city council but shall be filed with the 31 director of planning. The director shall transmit the petition to cause the petition to be placed 32 on the agenda of the planning commission . For purposes of this section, 33 a change of zoning district classification shall be deemed to include modifications of the 34 conditions of a conditional change of zoning district classification pursuant to subdivision (h). 35 36 37 38 39 The amendments: (1) clarify that the section applies to modifications of conditional rezoning as well 40 as original rezoning applications; and (2) update the terminology used in the section. The term "petition" 41 (as opposed to the more commonly used term "application") is retained, however, as "petition" is the term 42 utilized in the Virginia Code. 43 44 45 46 47 petition, it may allow withdrawal of a petition for _ • • - - - . - = = - : - - - - - : a change of 48 zoning district classification at any time prior to voting on such petition; provided, however, that 49 the applicant shall notify the city clerk, by letter or electronic mail, that it intends to seek to 50 withdraw the petition. Such notification shall be received by the city clerk no later than noon on 51 the working day next preceding the public hearing. In the event such notification is not timely 52 made, no withdrawal shall be allowed by the city council. However, if the such petition is 53 denied by city council, substantially the same petition shall not be filed within one (1) year of 54 the date of denial. For the purpose of this section, a zoning petition shall be considered to be 55 56 same article as the classification that was previously denied The planning director shall 57 determine whether a new petition is substantially the same as the petition denied by the city 58 council, taking into consideration the differences in the zoning district classifications sought, 59 the nature and density or intensity of the proposed use, site design, site layout, traffic, noise, 60 and other potential impacts, measures to mitigate such impacts, and such other factors as he 61 determines to be relevant to such determination.62 the right of the planning commission or council to propose an amendment to the zoning 63 ordinance at any time. 64 65 66 67 The amendments: (1) allow the City Council to allow an application to be withdrawn for any reason 68 deemed suitable by the City Council, but require that the applicant notify the City Clerk of its intent to 69 seek a withdrawal by letter or e-mail received by noon the day before the CC meeting (Lines 47-52); and 70 (2) rewrite the criteria for determining whether a subsequently filed application is "substantially the same" 71 as an application that has previously been denied by the City Council (Lines 57-61). 72 73 Stylistic changes having no substantive effect are also made. 74 75 76 COMMENT (b) Withdrawal of petition. Where The city council COMMENT 2 77 (c) Planning commission action; notice of public hearing. Before making any 78 recommendation on a proposed amendment, the planning commission shall give notice of a 79 public hearing thereon, as set forth in Section 15.2-2204 of the Code of Virginia, as amended, 80 or any successor statute; provided, however, that written notice as prescribed therein shall be 81 given at least fifteen (15) days prior to the hearing and in the case of a condominium or a 82 cooperative, the written notice may be mailed to the unit owners' association or proprietary 83 lessees' association, respectively, in lieu of each individual owner. In the case of a proposed 84 change of zoning district classification, the public notice shall state the general usage and 85 density range of the proposed zoning district classification and the general usage and density 86 range, if any, set forth in the applicable part of the comprehensive plan; provided, however, 87 that where a conditional change of zoning is sought, the public notice shall state the proposed 88 uses and density sought in the petition. 89 90 91 92 The amendments restate Virginia Code requirements for the descriptive summaries that must be 93 advertised in a local newspaper as part of a rezoning application (Lines 83-88). Technical changes are also 94 added. 95 96 (d) Planning commission hearing; action following hearing. Unless the proposal 97 petition is withdrawn - - - - - - - - - - before the public hearing, the public 98 hearing shall be held at the time and place announced; provided, however, that if the public 99 hearing, or a decision to approve or deny the petition, is postponed deferred indefinitely, new 100 public notice shall be issued as for the original notice. The applicant shall have the right to 101 withdraw any petition prior to the commencement of the public hearing on the petition, without 102 further action as otherwise would be required by this section. In the event the public hearing is 103 postponed to a date certain announced at the meeting at which the petition was scheduled to 104 be heard, the public hearing on such date certain shall not be required to be readvertised, but 105 written notice of the public hearing shall be re-mailed to those persons entitled to such notice. 106 If the postponement deferral is at the request of the applicant or clue necessary by reason of to 107 the applicant's failure to properly follow applicable procedures, including the posting of signs as 108 required by Section 108, then the cost of new public notice, including the costs of 109 readvertisement and mailing of written notice, shall be at the applicant's expense. Following 110 each the public hearing, the commission shall by motion adopt its recommendation, which may 111 include changes in the original proposal, as allowed by law, and shall transmit such 112 recommendations to city council. 113 114 115 COMMENT 3 116 117 118 The amendments: (1) restate Virginia Code requirements regarding public notice of public 119 hearings on zoning applications (Lines 96-100 and 102-105); (2) make it clear that an application before the 120 Planning Commission may be withdrawn by the applicant as a matter of right before the Commission 121 commences the public hearing on the application (Lines 100-102); (3) require the applicant to pay the costs 122 of providing new public notice when an application is deferred at its request (Lines 106-109). These costs 123 include the cost of the public notice in the local newspaper (which must be published two times before both 124 the Planning Commission and City Council public hearings) and the cost of written notices to the adjacent 125 property owners and others to whom the Virginia Code requires such notice to be given, but do not include 126 the original application fee, which need not be paid again. 127 128 Technical changes having no substantive effect are also made. 129 130 (e) Action by city council; notice of public hearing. Before appfdving—Of —adopting 131 taking any amendment action pursuant to this section, city council shall give notice of a public 132 hearing thereon, as required by law Virginia Code Section 15.2-2204, or any successor 133 statute, shall be given, as set forth in subsection (d). 134 135 COMMENT 136 137 The amendments make technical changes having no substantive effect. 138 139 (f) City council hearing; action ; reconsideration. 140 141 The public hearing shall be held at the time and place announced. Following the 142 hearing, city council may make such changes to the recommendation of the planning 143 commission as it deems appropriate, as allowed by law - -- -- - - 144 amendments; provided, however, that, no additional land may be rezoned to a different 145 classification than was contained in the public notice; and fillno land may be rezoned to a less 146 restrictive classification without new notice and hearing; and (iii) no amendment to the 147 regulations shall be made unless such amendment was fairly encompassed by the descriptive 148 summary of such amendment contained in the advertisement thereof. Furthermore, no 149 change to a more restrictive district classification or to include a lesser arca than was 150 - e - - - - - - - - - - -• • - city council, if such changes arc in response to r asons 151 cited by the planning commission in recommending denial, until the planning commiccion has 152 reviewed and forwarded a recommendation on such change. Nothing herein shall be 153 construed as prohibiting the city council from referring any petition, including a petition that is 154 the subject of reconsideration pursuant to subdivision (2), back to the planning commission for 155 further study and recommendation whenever it deems any change made in the petition to bo COMMENT 4 156 in the event the city council deems such action necessary or advisable. In 157 158 159 160 161 162 The amendments: (1) incorporate legal requirements that are implicit, although not expressly 163 stated, in the Virginia Code, to the effect that any changes in a proposed Code amendment must be fairly 164 encompassed within the descriptive summary of the proposed amendment (Lines 146-148); (2) allow the 165 City Council greater leeway to act on a rezoning application without having to refer it back to the Planning 166 Commission (Lines 148-152), while preserving its current authority to do so under any circumstances it 167 deems appropriate (Lines 152-156). 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 COMMENT (2) An affirmative vote of a majority of the members of the city council present and voting shall be required to amend the zoning ordinance or to grant any change of zoning district classification. A tie vote shall be deemed a denial of the proposed amendment; provided, however, that in the event of a tie vote on a petition for a change of zoning district classification due to the absence of one or more members of the city council, any member of city council may, by motion, initiate reconsideration of the petition within twenty one (21) thirty (30) days thereof of such tie vote. A motion to reconsider a vote resulting in approval or denial of a petition, other than by reason of a tie vote, may be initiated made within thirty (30) days thereof of the date of approval or denial by any city council member on the prevailing side of said such vote. If city council determines, by an affirmative vote of its members present and voting, to grant reconsideration of a petition, a new public hearing shall be advertised in accordance with subsection (e) and a sign shall be posted as required by section 108. No petition that has been denied shall be granted upon reconsideration thereof where the proposed uses, density, intensity, site layout, building design or any other significant characteristics of the petition are substantially changed after the denial that is the subject of such reconsideration, unless the petition is referred back to the planning commission for its review and recommendation prior to final action by the city council. A C St filing of an application with the planning director in accordance with the procedures min section 107(a). Upon receipt of such application, thc planning director, depending on thc of this ordinance. Upon receipt of such application, thc city council may rcfcr thc matter to thc planning commission or may act upon it. Nothing herein shall be deemed to supersede the 5 196 COMMENT 197 198 The amendments: (1) increase the time within which the City Council may initiate reconsideration 199 of a denial of an application by reason of a tie vote from 21 to 30 days (Line 176); (2) provide that if an 200 application is denied by the City Council and is thereafter substantially changed, the application must be 201 referred back to the Planning Commission prior to final action by the City Council (Lines 182-186); and (3) 202 eliminate the rules set forth in this subsection regarding modifications of previously approved conditions in 203 light of the fact that subsection (a) provides that applications for modification of conditions are to be 204 treated the same as original applications (Lines 186-195). 205 206 Other changes are stylistic in nature and do not have substantive effect. 207 208 (g) Fee. A petition of any property owner to amend, supplement or change the 209 regulations, district boundaries; or classification of property shall be accompanied by a fee in 210 the amount of nine hundred dollars ($900.00), plus ten dollars ($10.00) per acre for each acre 211 or part thereof over one hundred (100) acres. A petition of any property owner for a 212 reconsideration of proffered conditions shall be accompanied by a fee in the amount of two 213 hundred dollars ($200.00). 214 215 (h) Conditional zoning. 216 217 (1) 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 The amendments delete unnecessary language regarding the purpose of conditional zoning that was 234 first adopted when conditional zoning was first authorized by the Virginia Code and was used infrequently. conditional zoning may be used in accordance with the enabling Virginia Beach to encourage the voluntary proffering of conditions by the conditions will offset identified problems to the extent that the proposed and timely review and evaluation of the proffered conditions by the city COMMENT 6 235 Since then, it has become the predominant form of rezoning and is well -understood by Staff, the City 236 Council, the Planning Commission and applicants 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 The amendments streamline this section by eliminating language that is rarely used; the deletion of 273 this language has no substantive effect in light of the fact that it is contained in the Virginia Code; other 274 changes are technical in nature. (2)(1) Criteria for proffers. Proffer; Proffered conditions shall only be accepted as conditions attachcd to thezoning if th y meet the following criteria: (1) the rezoning itself must give rise for the need for the condition; (2) such conditions shall have a reasonable relation to the rezoning; (3) all such conditions shall be in conformity with the comprehensive plan; and (4) such conditions shall not be prohibited by the provisions of Virginia Code Section 15.2-2298 or any successor statute or other applicable law. Such shall purport to waive future legal rights against the city or its agents; (4) by the City of Virginia Beach at the time of development of the property; (5) such conditions shall be deemed necessary and sufficient to offset identified problems caused by the rezoning in a manner not made city, including open space, parks, schools, fire departments, and other way not maintained by the department of transportation, and no condition COMMENT 7 275 276 (3)21 Proffers which include the dedication of real property or payment of cash. 277 In the event proffered conditions include the dedication of real property or 278 payment of cash, such property shall not transfer and such payment of 279 cash shall not be made until the facilities for which such property is 280 dedicated or cash is tendered are included in the capital improvement 281 program, provided that nothing herein shall prevent the city from accepting 282 proffered conditions which are not normally included in such capital 283 improvement program. If proffered conditions include the dedication of 284 real property or the payment of cash, the proffered conditions shall provide 285 for the disposition of such property or cash payment in the event the 286 property or cash payment is not used for the purpose for which proffered. 287 Nothing in this section shall be construed to affect or impair the authority 288 of the city council to accept proffered conditions which include provisions 289 for timing or phasing of dedications, payments or improvements or to 290 impose or accept conditions of conditional use permits. In the event 291 proffered conditions include the dedication of real property or payment of 292 cash which is not to be made until the facilities for which such property is 293 dedicated or cash is tendered are included in the capital improvement 294 program, the city attorney shall advise the planning commission, and the 295 city council of the adequacy of provisions securing to the city the timely 296 performance of such conditions. 297 298 COMMENT 299 300 Although this language is also in the Va. Code, and therefore could be deleted without substantively 301 changing the section, it is retained in this subsection because, it is so fundamental a rule as to merit keeping 302 it in the City Zoning Ordinance. 303 304 305 {4-}(3) Legal form of proffer proffered conditions. All proffers shall be in-writing set 306 forth in a conditional zoning agreement, prepared by an attorney licensed 307 to practice law in the Commonwealth of Virginia, and shall be in a form 308 suitable for recordation in the deed books maintained by the clerk of the 309 circuit court of the City of Virginia Beach. No proffer shall be accepted by 310 the city council which has not received the approval of conditional zoning 311 agreement shall be considered by the planning commission or city council 312 unless and until such agreement has been approved by the city attorney 8 313 as to legal form and sufficiency, including suitability for recordation by the 314 clerk of the circuit court. 315 316 COMMENT 317 318 The amendments are technical in nature; in particular, they distinguish between "proffers," which 319 are individual conditions of rezoning, and "conditional zoning agreements," which are the documents that 320 contain the proffers. 321 322 323 {5}(4) Title certificate. Each conditional zoning petition shall be accompanied by 324 a certificate of title, prepared and signed by an attorney licensed to 325 practice law in the Commonwealth of Virginia. The title certificate shall 326 describe the property that is the subject of the petition and shall identify all 327 parties having a recorded interest in the property, including legal and 328 equitable owners, and shall state the source of title or interest for each 329 party. The certificate of title shall state the date through which the attorney 330 examined the title to the property, which date shall not be more than six 331 (6) months prior to the date of the filing of the petition. The city attorney 332 shall reject any certificate of title which, in his opinion, is incomplete or is 333 otherwise insufficient. 334 335 (6)1_5_1 Parties to sign the proffer conditional zoning agreement. The written 336 proffer conditional zoning agreement shall name, as grantors, all owners 337 of the property and shall be signed by all such parties. In the event that 338 the applicant for the rezoning is a contract purchaser, such purchaser 339 shall also be made a party to the proffer agreement, as a grantor and shall 340 sign same. The 341 authority of the city attorney to may require that any additional person; 342 firm, association or corporation or business entity be made a party and 343 sign the proffer to the agreement, when, in his opinion, the inclusion of 344 such person, firm, association or corporation or entity is necessary or 345 appropriate in order to protect the city's interest, and may . Nor shall the 346 foregoing be construed as limiting the authority of the city attorney to 347 require that the proffer agreement be approved by a court of competent 348 jurisdiction in the case of church property, or in any other instance when 349 the such approval of the court is, in his opinion, necessary. 350 351 9 352 COMMENT 353 354 The amendments are technical in nature; in particular, they distinguish between "proffers," which 355 are individual conditions of rezoning, and "conditional zoning agreements," which are the documents that 356 contain the proffers. 357 358 {7)(6), Procedure for proffering (planning commission) 359 360 (a) 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 Any rezoning applicant for a change of zoning district classification may at his option submit a written proffer of conditions to accompany his rezoning conditional zoning agreement containing proffered conditions of such change of zoning district classification petition. Such written proffers agreement, together with the title certificate described in subsection (4), shall be submitted to the planning director as part of with the application petition for change of zoning district classification. In complying with the notice requirements set forth in section 107(c) and 107(c) of this after rcccipt of the proffers, the The planning director shall include, in his report to the planning commission, such commentary on the individual or collective proffers contained in the agreement as will assist the planning commission and city council in determining the appropriate action to take on the petition identified problems; 10 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 (c) A list of those proffered conditions, if any, that do not respond to identified problems, are insufficient to offset them, or that are not in {d) A statement transmitted from thc city attorncy as to whether the form of the written proffer is legally sufficient; adequately offset, will require the proffer of cash contribution; construction of offsite improvements; and A copy of the written statement from the planning dircctor shall also be forwarded to the planning commission at a time established by it. Upon receipt of the statement, the petitioner may make any changes he deem& writing at least fifteen (15) days prior to the planning commission public construction of offsite improvements, thc planning dircctor may require that the proffer be submitted at least forty five (,15) days prior to the public hearing when, in his opinion, such additional time will be necescary to allow for adequate staff review of the sufficiency of such proffers. Upon receipt of the amended proffers, the planning director shall make them proffer not made available for public review for at least fifteen (15) dayG prior to the public hearing. After holding a public hearing on the proposed rezoning, the planning commission, in taking its action on the proposal, some, or rejection of all of the proffers. The planning commission may for the purpose of considering revised proffers, but only so that such revisions are submitted and reviewed on the same time schedule as for 11 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 The amendments eliminate language that is either unnecessarily specific or pertains to matters that 447 are covered elsewhere in this subsection in a more readable form. 448 449 450 451 452 453 454 455 456 457 458 459 460 COMMENT 461 462 The amendments change the date by which the applicant must submit a conditional zoning 463 agreement that he or she has substantively modified after initially submitting it from fifteen to twenty-one 464 days prior to, but not including, the date of the Planning Commission meeting. 465 466 (c) The planning commission shall recommend to the city council 467 approval or denial of the petition, and may in addition recommend council in the manner of all rczonings. The city council, in acting on the with the concurrence of all parties to the proffer, and only after a new days prior to said public hearing. The planning commission and city the city attorney, and the city council shall accept only those proffers submitted in form acceptable to the city attorney. No proffer may be modified or added except in accordance with these provisions. After the effective date of this subsection, the city council shall attach no condition section. Nothing herein shall be deemed to supersede any provisions of COMMENT (b) In the event the applicant submits a modified conditional zoning agreement containing any substantive revisions to the agreement after the filing of the petition but prior to the public hearing before the planning commission, such petition shall not be considered by the planning commission, except to allow its deferral, unless such modified conditional zoning agreement meets the requirements of this section and has been been received by the planning director no later than the close of business twenty-one (21) days prior to, but not including, the date of the public hearing before the planning commission. 12 468 that one or more of the proffers contained in the conditional zoning 469 agreement be rejected or modified, or that new proffers be added. 470 471 COMMENT 472 473 The amendments restate current law, and make it clear that the Planning Commission may 474 recommend that proffers be modified, as well as added or deleted 475 476 (8) (7) Procedure (city council). 477 478 (a) Unless the application is deferred or withdrawn, the city council 479 shall approve or deny the petition and may, in approving the 480 petition, accept all the proffers contained in the agreement or 481 accept some and reject the remainder of such proffers. No proffer 482 shall be modified or added by the city council unless such modified 483 or added proffer is contained in a conditional zoning agreement 484 meeting the requirements of this section that was received by the 485 planning director no later than the close of business ten (10) days 486 prior to, but not including, the date of the public hearing before the 487 city council at which the conditional zoning agreement containing 488 such proffer is considered. 489 490 COMMENT 491 492 The amendments restate current provisions in this section in a more readable form. 493 494 (b) The procedure for the consideration of petitions for conditional 495 change of zoning district classification shall in all other respects be 496 as set forth in subsections (a) through (q). 497 498 499 500 The amendments make it clear that the procedure for hearing conditional zoning applications is 501 covered by the provisions relating to other types of application, except to the extent they are treated 502 differently by this subsection (subsection (h)). 503 504 505 506 '--- -- - - - - - - - - _ .-. - - - - If the city 507 council approves the rezoning petition and aooepts the tten COMMENT (8) Recordation. 13 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 proffer, the city attorney shall, within ten (10) days of the city council's action, examine the appropriate records so as to determine whether any material change in the interest in ownership of the property has occurred since the date of the title certificate described in subsection (4). In the event that the city attorney determines that no such material change in interest has occurred, he shall, within the said ten day period, present the proffer conditional zoning agreement to the clerk of the circuit court for recordation. If the city attorney determines that a material change in interest in of ownership of the property has taken place, and that, in his opinion, such change may adversely affect the city's interest, he shall so notify the applicant and the the city attorney's letter. The city attorney shall mail the notice applicant on the rezoning petition. In the event that the applicant reflect the city council's approval of the conditional zoning council by letter. Any member of the city council may thereafter move to reconsider the petition in accordance with the provisions of subsection (fl; provided, however, that any such motion may be made within thirty (30) days after the date of the notice from the city attorney. 14 546 COMMENT 547 548 The amendments: (1) require City Attorney to determine whether any change in ownership of the 549 property between the City Council approval and recordation of the conditional zoning agreement in the 550 Circuit Court Clerk's Office is material; and (2) specify that the City Attorney must simply notify the City 551 Council if he determines that any change in ownership of the subject property may be detrimental to the 552 City, rather than set in motion a lengthy and complicated process that is highly unlikely to be needed in 553 Tight of the fact that conditions of a rezoning (i.e., proffers) run with the land so as to bind all subsequent 554 owners of the property that was rezoned. Once notified, any member of the City Council may, by motion, 555 initiate a reconsideration of the application within thirty days (Lines 539-543). 556 557 (b) The failure to record any conditional zoning agreement shall not 558 relieve the applicant, or any other person or entity who is bound by 559 the provisions of such agreement, including any successor in 560 interest to an original party to the agreement, from performance of 561 the covenants or conditions contained in the agreement according 562 to their terms, nor shall the failure to record any such agreement 563 affect the validity or enforceability of the action of the city council. 564 565 COMMENT 566 567 The amendments provide that the failure to record an approved conditional zoning agreement with 568 the Clerk of the Circuit Court does not affect the validity or enforceability of the City Council's approval. 569 This provisions restates existing law, which does not require that conditional zoning agreements be 570 recorded with the Clerk of the Circuit Court in order to be effective. 571 572 (9) Effect of recorded proffers. Once proffered and accepted as part of an 573 amendment to the zoning ordinance by the city council, such the 574 conditions shall continue in full force and effect until a subsequent 575 amendment changes the zoning on the property covered by such 576 conditions; provided, however, that such conditions shall continue if the 577 subsequent amendment is part of the comprehensive implementation of a 578 new or substantially revised zoning ordinance. The adoption of codes or 579 amendments applicable to all or a substantial portion of any Strategic 580 Growth Area designated in the Comprehensive Plan shall not be deemed 581 to be part of a comprehensive implementation of a new or substantially 582 revised zoning ordinance. The zoning administration officer is hereby 583 vested with all necessary authority to enforce such conditions. 584 15 585 (10) Amendments to accepted proffers. No amendment shall be made to any 586 accepted proffer except in the manner of a new rezoning application 587 petition as set forth herein. 588 589 590 591 The amendments make technical changes not having any substantive effect. 592 593 (i) Petitions not meeting minimum requirements. Any petition for which the 594 parcel involved or structure on the parcel does not meet the minimum area—or 595 dimensional restrictions requirements of the proposed zoning district shall be processed 596 nevertheless, but shall not be approved by the city council unless it finds that either 597 special circumstances pertinent to the site or598 pursuant to subsection (h) above the proposed conditions of rezoning 599 adequately offset the negative effects inherent in the area or dimensional of the 600 deficiency. In addition, the city council may, for good cause shown and upon a finding 601 that there will be no significant detrimental effects on surrounding properties, accept 602 proffered conditions reasonably deviating from the setback, landscaping and minimum 603 lot area requirements and height restrictions, except as provided in Section 202(b), 604 otherwise applicable to the proposed development. No such deviation shall be in 605 conflict with the applicable provisions of the comprehensive plan. 606 607 608 609 The amendments allow the City Council to accept proffered conditions reasonably deviating 610 from the setback, landscaping and minimum lot area requirements and height restrictions of the 611 CZO (except as to navigation hazards) upon a finding that there will be no significant detrimental 612 effects on surrounding properties. Such deviations may not conflict with the Comprehensive Plan 613 (Lines 597-603). The added language is substantially the same as the language giving the City 614 similar authority in the context of conditional use permit applications. 615 616 Adopted by the City Council of the City of Virginia Beach on the 26th day 617 of February 2013. 618 619 620 CA-12382 621 January 9, 2013 COMMENT COMMENT 622 R-3 623 624 16 625 626 627 628 629 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: dia,a4 City Attorney's Office 17 -73- ITEM VI -K APPOINTMENTS ITEM #62609 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE February 26, 2013 -74- ITEM VI -K APPOINTMENTS ITEM #62610 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: LARRY BANKS DANIEL BAXTER NANCY DEGGES SHERI KATTAN 3 year term 04/01/13 — 03/31/16 CLEAN COMMUNITY COMMISSION Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 -75 - ITEM VI -K APPOINTMENTS ITEM #62611 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: LAURIE M. MACPHERSON CONCHITA RONO VICTORIA STRASNICK, M.D. SUSAN D. VIERRA TREY WHITE, DDS 3 year term 04/01/13 — 03/31/16 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 1 11 -76- ITEM VI -K APPOINTMENTS ITEM #62612 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: SHARON FELTON Unexpired term thru 12/31/2014 HISTORIC PRESERVATION COMMISSION Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 -77 - ITEM VI -K APPOINTMENTS ITEM #62613 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: VIVIAN E. BLAIZE GENE J. HOU GERALDINE KING HUNT WILLIAM C. RICE TERESA STANLEY 3 year term 04/01/2013 — 03/31/2016 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 -78 - ITEM VI -K APPOINTMENTS ITEM #62614 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: AMELIA ROSS-HAMMOND 1 year term 04/01/2013 — 03/31/2014 THE PLANNING COUNCIL Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson February 26, 2013 -79 - Item -VI-N ADJOURNMENT ITEM #62615 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 8:28 P.M. iNf Amanda Finley -Barnes, CM Chief Deputy City Clerk th Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia February 26, 2013 -52 - Item -VI-N ADJOURNMENT ITEM #62615 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 8:28 P.M. Amanda inley-Barnes,.t-MC Chief Deputy City Clerk uth Hodges Fraser, MMC William D. Sesso City Clerk Mayor City of Virginia Beach Virginia February 26, 2013