Loading...
HomeMy WebLinkAboutDECEMBER 13, 2011 MINUTES-1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 13, 2011 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING, re the PROCESS IMPROVEMENT STEERING COMMITTEE and invited Councilman Bob Dyer to introduce the Committee at 3: 00 P.M. in the City Council Conference Room. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Entered.• 2:30 P.M.] December 13, 2011 -2 - CITY COUNCIL BRIEFING PROCESS IMPROVEMENT STEERING COMMITTEE 2:30 P.M. ITEM # 61479 Councilman Dyer advised on May 24, 2011, City Council ADOPTED: Resolution to ESTABLISH a Process Improvement Steering Committee to gather information re the broad range of issues to improve government processes and communication with citizens Councilman Dyer is the Council Liaison and Catheryn Whitesell, Director — Management Services, is the City Staff representative. Councilman Dyer introduced Richard "Tuck" Bowie, Chair of the Process Improvement Steering Committee. Chairman Bowie introduced members of the Committee in attendance: Dan H Brockwell, Brad D. Martin, and David Browning. Chris Allen, although not a member, has attended all the meetings and been a true asset to the Committee. Chairman Bowie expressed appreciation to the City Manager for being allowed to have administrative support: Catheryn Whitesell and Monica Dudek. Their assistance has been invaluable. A meeting was conducted with City Manager Spore and members of his Senior Management Team (a brain storming session). Three (3) initiatives were derived: Review the Development and Building Permit process: This initiative is headed by Dan H. Brockwell and Brad D. Martin who have been meeting with Jack Whitney, Director — Planning, Charles Hassen, Administrator — Development Services Center, and Cheri Hainer, Manager — Building Inspections. The members have also met with representatives of Chesapeake re their Development Review Process. The members also met with representatives of Tidewater Builders Association. The next initiative, along with meeting with Councilman DeSteph, is to meet with staff members of the Development Services Center. This process is moving along. The second initiative was to review the City Payroll Process. The Steering Committee is meeting with Patricia Phillips, Director of Finance, and staff to review. The last initiative and perhaps the most important are strategies to keep the small businesses open and expand them. David Browning and Delceno Miles are reviewing this initiative. The Committee initially met with Steve Herbert, Deputy City Manager, and Warren Harris, Director — Economic Development, which subsequently led to a meeting with Phillip Kellam, Commissioner of the Revenue. Mr. Kellam attended one of the Process Improvement Steering Committee meetings and gave a PowerPoint presentation. Recently David Browning coordinated meetings with members of the Virginia Beach Restaurant Association and Hampton Roads Chamber of Commerce. While the Committee has only been chartered for approximately six (6) months, it has been very busy. Chairman Bowie hopes that early next year, his Committee will provide City Council with a recommendation on one or more of these initiatives for City Council's review. December 13, 2011 -3 - CITY COUNCIL BRIEFING PROCESS IMPROVEMENT STEERING COMMITTEE ITEM # 61479 (Continued) Chairman Bowie advised City Council he believes there are a number of opportunities for creating efficiencies in the City of Virginia Beach that would add value internally, as well as externally, to the people served. Chairman Bowie advised City Council creates the Vision for the City, articulates this Vision and then brings it to conclusion. His hope is that as City Council will support this Vision and implement the recommendation. They may call upon the Process Improvement Steering Committee for any further considerations. The external business community, which the Committee represents, can bring their expertise to the City Council to assist them in their accomplishments. December 13, 2011 -4 - CITY MANAGER'SBRIEFING L YNNHA VEN SGA MASTER PLAN 2:38 P.M. ITEM # 61480 Jack Whitney, Director of Planning, presented the preliminary update on the status of the LYNNHAVEN (SGA) STRATEGIC GROWTH AREA MASTER PLAN. This is Number 6 out of eight (8) Strategic Plans. Mr. Whitney advised SGA Number 7 (Hilltop) and SGA Number 8 (Centerville), encompass their goal of completion approximately next year at this time. Mr. Whitney introduced Paul Ostergaard — Executive Vice President — Urban Design Associates, and advised staffs are pleased to work again with Urban Design Associates. The PowerPoint entitled: PHASE 3 Draft Recommendations, Lynnhaven SGA, was distributed and is hereby made apart of the record. Mr. Ostergaard advised the process consists of three (3) phases. A Public Meeting is scheduled for tomorrow evening, December 14, 2011. A Three Phase Process 1. Understanding: Figuring out what is going on 2. Exploring: Trying out some ideas 3. Deciding: Choosing what to do (All with broad based participation) Mr. Ostergaard displayed a map (with a "black dash line") outlining the study area. These boundaries have been modified slightly to encompass both sides of Virginia Beach Boulevard and some of the neighborhoods in the immediate area of the study. Plans Affecting the Lynnhaven SGA 1. APZ Master Plan 2. 2009 Comprehensive Plan 3. Bikeways and Trails Plan 4. Virginia Beach Outdoors Plan S. Housing and Neighborhood Preservation Plan 6.2009 Agenda for Future Action 7. Mixed -Use Development Guidelines 8. Retail Establishment and Shopping Centers Guidelines December 13, 2011 -5 - CITY MANAGER'SBRIEFING LYNNHAVEN SGA MASTER PLAN ITEM # 61480 (Continued) Recommendations from the Comprehensive Plan Following the construction of the I-264 access ramps at Great Neck/London Bridge Road, properties may be considered for a use change if they: Improve attractiveness, quality and marketability of properties Reduce number of access points with shared internal circulation Properties in the northern vicinity are suitable for higher intensity of compact, mixed -uses including offices, institutions and retail compatible with Joint Land Use Study Due to AICUZ restrictions, no hotel or additional residential uses recommended Incorporate TOD (Transit Oriented Development) around planned Transit Stations for non-residential uses Much of the area is already developed; there is very little undeveloped area as depicted in the drawing displayed. Mr. Ostergaard delineated the strengths, weaknesses and opportunities: Strengths Well located near workplace (including Oceana), retail and services and between Norfolk and the Beach Strong residential neighborhoods with good housing at different price points, including affordable housing Easy access, via car, along interstate and major thoroughfares Important historical sites, such as the Upper Wolfsnare House, Francis Land House and the North Lynnhaven Road General Store Bountiful natural resources, including waterways and marshland Strong presence of institutional uses, such as churches and schools Proposed transit along city -owned rail right-of-way December 13, 2011 M2 CITY MANAGER'SBRIEFING LYNNHAVENSGA MASTER PLAN ITEM # 61480 (Continued) Weaknesses Low retail quality and issues with existing property tenants Traffic congestion, particularly on intersections along Virginia Beach Boulevard, which may not be solved with new interstate improvements Unfriendly streetscapes bordered by too much paving and lacking visibility of natural resources Inadequate access points to existing neighborhoods Speeding in neighborhoods Noise and development restrictions related to Oceana Air Base Few opportunities for public use of natural resources and recreation Roadways dangerous for pedestrians and cyclists, especially at I-264 interchanges Under-utilized residential, commercial and industrial properties Proposed transit station not in an ideal location Opportunities Improve access to natural waterways and marshlands and provide more places for passive recreation Improved traffic circulation throughout the area Improve streets for pedestrian and cyclist use, create necessary bike paths and improve connectivity across I-264 Lynnhaven needs an identity and more destinations; tie identity to its historical and natural resources New development opportunities for dining, retail and industrial use Proposed transit can help connect Lynnhaven to other SGAs and the region December 13, 2011 - 7 - CITY MANAGER'SBRIEFING L YNNHA VEN SGA MASTER PLAN ITEM # 61480 (Continued) The Design Principles were utilized as a blueprint for moving forward Design Principles Enable a clear and easy -to -access open space and recreation network 2. Capitalize on the value of the water and marshlands 3. Meet the Chesapeake Bay Act mandates and protect the Lynnhaven River and its tributaries 4. Locate compatible uses that are consistent with the APZ plan, APZ zones, and AICUZ restrictions S. Strengthen existing neighborhoods through providing community services and convenience retail 6. Improve multi -modal connections from the adjacent neighborhoods Connect future transit to employment, recreational destinations and park-and- ride 8. Enable flexible development sites and building types to respond to ever-changing market needs and development programs 9. Coordinate transportation planning and development 10. Build on the existing good balance between homes, jobs and services This has been a two-phase process. The first phase is near completion: the construction of the new ramps from London Bridge Road on to I-264 heading west. Phase II will be reconstruction of the main interchange, which will encompass a budget of over $100 -Million. This design has been approved by the Highway Administration, Virginia Department of Transportation, and needs further development. However, this has not been funded as it is very expensive. The likelihood of this Interchange actually being built in the next five (S) or ten (10) years is in question. If, in the future, perhaps ten years, this Interchange still has not been funded, or is funded at that time, then Urban Design Associates suggest the City revisit the design of Phase H as new traffic data and information will be available at that time. Perhaps, a more modest Interchange or a tighter urban configuration can be created. Perhaps, the City may be able to transfer some land back to private use. December 13, 2011 CITY MANAGER'SBRIEFING L YNNHA VEN SGA MASTER PLAN ITEM # 61480 (Continued) Land Use Alternatives 1. Light Industrial and Distribution Lynnhaven has great access and could serve the City as a light industrial, distribution, back of house, Service center. 2. Retail Lynnhaven is adjacent to existing retail destinations and has excellent visibility. Lynnhaven is well positioned for new retail development that will support the region and adjacent communities 3. Off Center Many areas are within walking distance of a future Transit Station. New office development could be built in an urban, pedestrian friendly "Town Center" with supporting retail. Next Steps Adopt the Lynnhaven SGA (Strategic Growth Area) Plan Revisit zoning and subdivision regulations Enable Public/Private Partnerships to encourage redevelopment Continue to Study Transit options Idents and schedule infrastructure improvements Include SGA Plan Recommendations in future I-264 planning Implement strategies for Open Space Improvements One of the remarkable aspects of the Lynnhaven SGA is it is part of a water system that influences the region. Virginia Beach is actually on the small watercraft Intercostal Waterway Trail System. Part of the recommendation is to provide more access and more opportunity to enjoy the Lynnhaven River and its beauty. Councilman Moss advised as of this, date it is important to note, the City has no transit corridor and no light rail policy. December 13, 2011 CITY MANAGER'S BRIEFING INDEPENDENTAUDITOR REPORT OFFY2012 FINANCIAL RESULTS 3: 07 P.M. ITEM # 61481 Patricia Phillips, Director of Finance, advised unaudited information has been provided. Mrs. Phillips recognized the City's Comptroller, Don Barnett, whose office prepares these statements, Miryam P. Woodson, Principal Accountant, Aaron McCoy, Senior Accountant, Loretta Brown, Administrative Assistant, and several other accountants: Keena Garns, Patty Kephart, Kelley Peroe and Mark Stein. Mrs. Phillips introduced the Auditors from Cherry, Bekaert and Holland: Senior Manager Krista Edoff, as well as Manager Amy Schultz, Gretchen Hudome, Deputy City Auditor, and Lyndon Remias, City Auditor, who has been the heart of the Audit Team Mrs. Phillips advised the FY13 Budget proposal will be presented by the City Manager to City Council on March 27, 2012, with Adoption May 8, 2012. Krista Edoff, Auditor, presented the Audits of December 13, 2011: Audited Financial Results for the Fiscal Year Ended June 30, 2011. AG E N DA FY 2011 Audited Financial Statements • Entity Wide Statements — GASB 34 • General Fund • School Operating Fund • TI F's Debt —June 30, 2011 Fiscal Year 2012 — Through November 30, 2011 Cherry, Bekaert & Holland Comments December 13, 2011 -10 - CITY MANAGER'SBRIEFING INDEPENDENT A UDITOR REPORT OF FY 2012 FINANCIAL RESULTS ITEM # 61481 (Continued) Statement of Net Assets - All City Funds June 30, 2011 (in millions) Governmental Business Total Assets $ 3,783.3 $ 1,067.8 $ 4,851.1 Liabilities (1,245.2) (230.1) (1,475.3) Net Assets $ 2,538.1 $ 837.7 $ 3,375.8 CAFR Exhibit 1 General Fund Budget to Actual at June 30, 2011 (in millions) % of BUDGET ACTUAL VARIANCE Budget LOCAL $ 826.4 $ 828.7 $ 2.3 0.3% STATE 143.5 140.7 (2.8) -2.0% FEDERAL 22.6 22.4 (0.2) -0.9% TOTAL REVENUES $ 992.5 $ 991.8 $ (0.7) -0.1% CITY $ 651.3 $ 629.4 $ 21.9 -3.4% SCHOOLS 386.5 376.4 10.1 1.5% TOTAL EXPENDITURES $ 1,037.8 $ 1,005.8 $ 32.0 3.1% REVENUES OVER (UNDER) $ (45.3) $ (14.0) $ 31.3 FUND BALANCE -JULY 1 194.1 LESS: RESERVATIONS (67.1) UNASSIGNED FUND BALANCE -JUNE 30 $ 113.0 Fund Balance as a percent of FY 2012 Revenues is 11.89% *Reflects encumbrances of $9.4 million December 13, 2011 -11 - CITY MANAGER'SBRIEFING INDEPENDENT A UDITOR REPORT OF FY 2012 FINANCIAL RESULTS ITEM # 61481 (Continued) $500 $475 0 0 Y K g ;aso 0 c d a d $425 June 30, 2007 — 2011 ($1.5M Over Budget) $80 $60 C 0 $20 $0 $81.7 $79.8 $73.1 $70.0 $67.5 $68.1 $64.2 $65.2 $65.9 $57.8 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 ■Budget ❑Actual 6 December 13, 2011 -12 - CITY MANAGER'SBRIEFING INDEPENDENT A UDITOR REPORT OF FY 2012 FINANCIAL RESULTS ITEM # 61481 (Continued) $60 $50 o $40 f N 4$30 0 c w $20 $10 $0 neral Sales Taxes June 30, 2007 — 2011 ($1.1M Over Budget) ;25 $20 $5 $0 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 ■Budget OActual 8 December 13, 2011 -13 - CITY MANAGER'SBRIEFING INDEPENDENTAUDITOR REPORT OFFY2012 FINANCL4L RESULTS ITEM # 61481 (Continued) $50 $40 Restaurant Meal Taxes — Total City June 30, 2007 — 2011 ($2.7M Over Budget) $10 $0 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 ■Budget OActual 200 Unassigned General Fund Balance 16.0% s0 0 0.0% 2003 2004 2005 2006 2007 2008 2009 2010 2011 =Unassigned GF Balance -4--% of Budgeted GF Revenue Policy = 8-12% of Revenues 10 December 13, 2011 -14 - CITY MANAGER'SBRIEFING INDEPENDENT A UDITOR REPORT OF FY 2012 FINANCL4L RESULTS ITEM # 61481 (Continued) DOI Operating Fund - Revenues & Expenditures For the Fiscal Year Ended June 30, 2011 (in millions) REVENUES: City Local School's Reserve & Other Funds Commonwealth Federal Government* Total Revenues EXPENDITURES Budget Actual Variance (in millions) $ 325.0 $ 325.0 $ - 3.1 3.2 0.1 13.7 13.6 (0.1) 299.6 301.1 1.5 24.2 23.2 (1.0) $ 665.6 $ 666.1 $ 0.5 - - $ (681.4) $ (672.2) ** $ 9.2 Total Reversion to City * Includes $7.5 mllion in ARRA Finding for Basic School Aid ** Reflects encumbrances of $15.3 million $ 9.7 ax Increment Financing Special Revenue Funds For the Fiscal Year Ended June 30, 2011 (in millions) Sand- Lynnhaven bridge Mall CBD South Revenues: Real Estate Taxes $ 7.9 $ 1.8 $ 5.3 CBD Hotel Tax - - 0.5 Total Revenues $ 7.9 $ 1.8 $ 5.8 Expenditures $ - $ 1.8 $ - Debt Service - - 5.5 Transfers to Gen Fund 8.0 - - Total Expenditures $ 8.0 $ 1.8 $ 5.5 Excess of Revenues Over Expenditures $ (0.1) $ 0.0 $ 0.3 Fund Balance - July 1 8.9 1.1 1.8 Fund Balance - June 30 $ 8.8 1.1 2.1 CAFR Exhibits 15/16 December 13, 2011 IFAM CITY MANAGER'SBRIEFING INDEPENDENT A UDITOR REPORT OF FY 2012 FINANCIAL RESULTS ITEM # 61481 (Continued) M,"r'" Outstanding Debt by Purpose as of lune 30, 2011 General 5� Total Debt - $1.2486 Schools 25.81% Reserve am n Water 27% �r and Sewer 14.36% 14 December 13, 2011 -16 - CITY MANAGER'SBRIEFING INDEPENDENT AUDITOR REPORT OF FY 2012 FINANCIAL RESULTS ITEM # 61481 (Continued) Auditors' Opinion on the Financial Statements ❖ Unqualified Opinion ❖ Accounting principles generally accepted in the United States of America ❖ Material transactions and balances ❖ Compliance with laws and regulations material to the financial statements Required Communications ❖ Our responsibility under generally accepted auditing standards: ❖ We assessed risk that the financial statements may contain a material misstatement, either intentional or unintentional ❖ We documented and considered internal controls to assist us with our audit approach, not for the purpose of providing assurance on those controls December 13, 2011 -17 - CITY MANAGER'SBRIEFING INDEPENDENT A UDITOR REPORT OF FY 2012 FINANCIAL RESULTS ITEM # 61481 (Continued) Required Communications ❖ Our Responsibility under Government Auditing Standards (The Yellow Book) ❖ We reviewed and tested the City's compliance with laws and regulations, noncompliance which could have a material impact on the financial statements ❖ We reviewed compliance with applicable laws and regulations identified in the Specifications for Audits of Counties, Cities and Towns, issued by the Auditor of Public Accounts of the Commonwealth of Virginia Required Communications ❖ Our Responsibility under OMB A-133 ❖ We performed procedures in order to express an opinion on the City's compliance with requirements applicable to major Federal programs. Our opinion is unqualified ❖ We performed tests of controls to assess the City's ability to detect material noncompliance with program requirements, not to express an opinion on controls Required Communications Independence ❖ In accordance with AICPA Rule 101, and the Independent Standards contained in Government Auditing Standards, we were, and continue to be, independent with respect to the City of Virginia Beach ❖ Accounting Policies ❖ The City implemented GASB 54, Fund Balance reporting, in the current year •3 No transactions that lacked authoritative consensus Required Communications ❖ Estimates ❖ These statements include estimates: ❖ Allowance for doubtful accounts ❖ Other Post Employment Benefits Liability ❖ Claims Liability Required Communications ❖ Significant Audit Findings ❖ There were no disagreements or difficulties in dealing with management ❖ There were no misstatements individually or in the aggregate identified during our Audit •S There were no consultations with other accountants December 13, 2011 -18 - CITY MANAGER'SBRIEFING INTERIM FINANCIAL STATEMENT FY 2012 THROUGH NOVEMBER ITEM # 61482 Compared to Budget Thru November 30, 2011 (in millions) Annual YTD Budeet Actual Variance Revenues $ 599.8 $ 281.8 $ 318.0 City Capital Projects Local (80.6% of budget) $ 767.4 $ 215.5 $ (551.9) State (17. 1 % of budget) 162.3 30.8 (131.5) Federal ( 2.3% of budget) 21.8 8.3 (13.5) Total Revenues $ 951.5 $ 254.6 $ (696.9) Expenditures/Encumbrances City Operations $ 599.8 $ 281.8 $ 318.0 City Capital Projects 35.5 14.8 20.7 School Operations 354.1 147.5 206.6 Schools Capital Projects 4.1 1.7 2.4 Total Expenditures/Encumbrances $ 993.5 $ 445.8 $ 547.7 Less Amounts Funded from Fund Balance Outstanding Encumbrance at 6/30/11 $ 8.0 Approved Carryover Requests 1.4 City Capital Projects 26.4 City Operating Budget 6.2 Adjusted Expenditures/Encumbrances $ 951.5 EY 2012 YTD Gen Fund Revenues & Expenditures Compared to Historic Trend At November 30, 2011 Sul Aug Sep Oct Nov Dec San Feb Mar Apr May .jun -+-Rev Trend-*-%ofFYI 2Rev Budget -*-Expenditure Trend -X-% of December 13, 2011 ACTUAL REVENUES = $254.6M 80% ACTUAL EXPENDITURES= $445.8M °rz ea. t, 1,1° 60% 58.6% 54.x'r� 4y2% 17 .,,.• 44.9% 45.2% 400/.- 40.8% 37.7% 26.8 8.5% 18.6% 20% 14.6 9.9% 8.3°' 13.3% 1.7% 4.4o 8.9 Sul Aug Sep Oct Nov Dec San Feb Mar Apr May .jun -+-Rev Trend-*-%ofFYI 2Rev Budget -*-Expenditure Trend -X-% of December 13, 2011 -19 - CITY MANAGER'SBRIEFING INTERIM FINANCIAL STATEMENT FY 2012 THROUGH NOVEMBER ITEM # 61482 (Continued) Krista Edoff advised the only significant new accounting policy this year is GASB -54, which encompasses how the fund balance is reported in the General Fund and is called "unassigned now': MA JiCra December Interim FY13 Budget Proposal FY13 Budget Adoption Jan 24, 2012 Mar 27, 2012 May 8, 2012 December 13, 2011 -20 - CITY MANAGER'SBRIEFING CITY and SCHOOL REVENUE SHARING —(City Council Direction and Discussion) 3:27 P.M. ITEM # 61483 The City Manager advised he was unable to contact School Board Chairman Daniel Edwards; however, he did speak with Vice Chairman William J. Brunke. Vice Chair Brunke indicated the City Manager could advise City Council that the Virginia Beach School Board liked the recommendation made by the Superintendent and the City Manager. Council Lady Wilson advised it was a good idea to refer this concept to City Manager James K Spore and Superintended James G. Merrill to institute a `plan " in diversifying the old Formula, so there is a base line required by the State. However, taking all the revenue sources and adding them gives continuity to the Virginia Beach Schools. Councilman Wood advised the Superintendent and City Manager did an excellent job, as well. However, they had an "unwinnable " task to complete. Councilman Wood was not diminishing what they did, but was not satisfied with the outcome. Councilman Wood believes more of a "needs based budget" needs to be examined from the School side. This is still an arbitrary Formula. Councilman Davis advised in two years, this Formula will become just as arbitrary as the present Formula, because all is based upon some base line that takes present variables into account and not future ones. Councilman Davis would like to see what the impacts of diversification is projected to be over the next one to five years. Correspondence of Councilman Moss advising he supports funding our nationally ranked and acclaimed School systems based on needs versus a funding Formula is hereby made apart of the record. Councilman Wood advised everyone has their own opinion on the meaning of "core" services and "needs ". It is, frankly, the City's responsibility, as the institute collecting the taxes to exercise some sort of management over this Formula. Councilman Wood believes something more realistic "than just a Formula " needs to be devised. Mayor Sessoms believes the City and Schools should commence with some type of Formula. The School Board has advised they do not have any certainty as to what funds are available. The City monitors, on a monthly basis, to determine the available funds. Mayor Sessoms does not want to be in a situation where the City Council is put in a "box" trying to make decisions that the Virginia Beach School Board was elected to make. Absent a Formula, that is the position in which the City will be. Councilman Uhrin believes the City Manager's suggestion is good. The City needs to commence with some type of Formula and determine if that works. The School Board does not have any certainty as to what funds are available. The City monitors this on a monthly basis. Vice Mayor Jones advised he did not vote for the Formula when it was first generated and believes the City should fund on a "needs basis". The City Manager and School Superintendent did the job requested. However, Vice Mayor Jones does not want to "lock in " the Formula, which the School System will expect the City to provide every year. The City Manager advised his concurrence and recommended an annual adjustment mechanism for unanticipated funding. Councilman DeSteph concurred with the "needs based budget". The only way to be fiscally responsible to those who elect us is from a needs base. December 13, 2011 -21 - CITY MANAGER'SBRIEFING CITY and SCHOOL REVENUE SHARING— (City Council Direction and Discussion) ITEM # 61483 (Continued) Council Lady Wilson advised it should be more data driven, taking into consideration changes in the environment, extra funds or items not being funded, this concept is a very good "starting point ". Council Lady Henley advised she could argue either side. Comprehensive is a "key word". The City Council is the body which reviews comprehensively the Operating Budget. All facets must be examined as it changes with areas i.e. schools, transportation. It is taking that comprehensive view of the needs as well as the tax situation relative appropriateness. The lottery money was determined to remodel and replace schools. Council Lady Henley advised the remodernization of Kellam is costing $102 -MILLION. Councilman Diezel advised there should be cooperation between both boards and some recognition of joint needs. Councilman Dyer advised priorities will change on a year-to-year basis Councilman Moss advised fiscal guidance controls are received. At the conclusion of the Five Year Forecast in November, there is nothing wrong with the City Council adopting the cost figure, with which to work. "What can we get with this and what is the risk? " Councilman Uhrin advised the School Board was elected to manage the Virginia Beach School System in the most efficient way possible and with the best possible outcome. The actual ability to fund programs is the root of accomplishment. Councilman Wood advised the City Council does not want to micro --manage the School Board Budget. The relationship with the School Board can be improved. Councilman Wood is proud of the City's Schools. Council Lady Wilson advised the Formula came into effect, three (3) years after the elected School Board came into effect. At the time of the needs based budget, the School Boards were appointed. Mayor Sessoms advised target and flexibility are key words. When the City Council meets in January, the School Board deserves some guidance. The Target Number recommended by the Superintendent and City Manager last week should be sent to the schools. December 13, 2011 -22- CITYCOUNCIL COMMENTS 4:10 P.M ITEM # 61484 Council Lady Wilson advised the Historic Preservation Commission conducted the Historical Homes Tour on .Saturday, December 10, 2011, which was a huge success. Over four hundred (400) tickets were sold. The Garden Clubs decorated the homes. Buses were hired to transport citizens. The Frank Lloyd Wright house, Greystone Manor and Cavalier Hotel were among the Historical homes. One of the Volunteers worked the Cavalier Hotel and reiterated the history. This was a fabulous day. ITEM # 61485 Councilman DeSteph referenced the new Animal Care and Adoption Center open at 341 Birdneck Road in Virginia Beach. The Adoption this past weekend was a success with many positive comments. Forty-six(46) animals were adopted. ITEM # 61486 Councilman DeSteph referenced positive comments re the bike trail on Shore Drive. ITEM # 61487 Councilman DeSteph inquired re the Virginia Beach Development Authority Meeting today, December 13, 2011. Vice Mayor Jones confirmed the Virginia Beach Development Authority awarded STIHL, Inc. an Economic Development Investment Program (EDIP) Grant of $100,000, based on Capital investment and number of full-time jobs created. Council Lady Wilson advised this equates to fifty-two (52) new jobs with over $10.3 -MILLION capital investment. ITEM # 61488 Councilman Davis referenced hearing from the Arts and Humanities Commission, this morning, December 13, 2011. The Virginia Beach Little Theatre has run some analysis re their signs. Individuals can now find their facility. Since the signs were installed, the Theatre has "sold out" almost every show. December 13, 2011 -23 - CITY COUNCIL COMMENTS ITEM # 61489 Councilman Davis referenced correspondence from the Joint Legislative Audit and Review Commission (JLARC) Briefing re the Virginia Retirement System (VRS). • The VRS retirement benefits are an important component of the state and local government's compensation and contribute to the state's ability to remain marginally competitive as an employer. • Changes to the benefits are not necessary to improve their effectiveness, but modifications could be considered to reduce future cost. • There are also options for providing alternative types of retirement plan to employees, but enrollment is likely to be limited and costs could increase. ITEM # 61490 Councilman Dyer advised Governor McDonnell appointed the following citizens to serve on the Governor's Task Force for Local Government Mandate Review: Honorable Robert Dyer, Member, Virginia Beach City Council Honorable Pat Herrity, Springfield District Supervisor, Fairfax County Board of Supervisors Honorable Shaun Kenney, Vice -Chair, Fluvanna County Board of Supervisors Kimball Payne, City Manager, City of Lynchburg Honorable Joan E. Wodiska, Member, Falls Church City School Board and President -Elect — Virginia School Boards Association Additionally, City Councilwoman Alicia Hughes of Alexandria and City Councilwoman Suzy H. Kelly of Chesapeake will serve as the Government Reform Commission Liaisons to the Task Force. A meeting was held on Friday, December 9, 2011. There are over six hundred (600) unfunded mandates. The Task Force is considering eliminating ten percent (10%) of these. A moratorium is also being considered. The General Assembly initiates approximately 3,000 bills every Session and is trying to find a process that would evaluate impact on the localities re the Bills that are passed Perhaps some Constitutional changes might be reviewed and enhanced communication with our Delegation re how these Unfunded Mandates are impacting the localities. The Virginia Municipal League has been requested to determine the total impact of each locality and determine a comprehensive figure. ITEM # 61491 Councilman Moss advised in approximately ninety (90) days, the City's FY 2012-13 Operating Budget will be presented. Equally critical that we decide we want to hold fiscal control on ourselves. We do not want to receive a Budget with tax increases The Target Number recommended by the Superintendent and City Manager last week should be sent to Schools. December 13, 2011 -24 - AGENDA RE VIEW SESSION 4:20 P.M. ITEM # 61492 BY CONSENSUS, the following shall compose the CONSENT AGENDA: L. ORDINANCES/RESOLUTION 1. Ordinance to RE ADOPT the Southside Hampton Roads Hazard Mitigation Plan to reduce monitoring natural disaster losses 2. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. Richmond 20MHz, LLC, d/b/a/NTELOS re wireless telecommunications at Murden 's Corner b. WeatherFlow, Inc. re navigational aid tower ("Jetty Light 4') at Rudee Inlet 3. Resolution to DIRECT the City Manager and the Consolidated Benefits Office Staff to implement the Health Risk Incentive program as part of the Health Plan offered to City employees for Plan Year 2013 Item L.3. (Health Risk Incentive program) shall be REVISED. December 13, 2011 -25 - AGENDA REVIEW SESSION ITEM # 61493 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: M. PLANNING Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for KEITH P. and CHERI N. CARL re an existing lot at 4824 Lake Bradford Lane. DISTRICT 4 - BAYSIDE DISTRICT 2. Application of the CITY OF VIRGINIA BEACH for a Street Closure at 408 Laskin Road. DISTRICT 6 -BEACH DISTRICT Application ofATLANTICDEVELOPMENTASSOCIATES, LLCfor a Nonconforming Use re a second single-family dwelling at 8004 Atlantic Avenue. DISTRICT 5 - L YNNHA VEN DISTRICT 4. Application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC. for the Modification of Proffers 11, 18, 19 and 30 (approved on a Conditional Change of Zoning by City Council on May 10, 2005) at Princess Anne Road Ashville Park, Village B. DISTRICT 7 - PRINCESS ANNE DISTRICT 5. Application of SENTARA VILLAGE — VIRGINIA BEA CHISENTARA LIFE CARE CORPORA TIONfor a Modification of Conditional Use Permit (approved by City Council on November 13, 1990 and August 25, 1992) to ADD hospice services at 3751 Sentara Way. DISTRICT 3 - ROSE HALL DISTRICT 6. Application of NEW TODAY BUS, INC./NEWTOWN BAKER SC for a Conditional Use Permit re a bus terminal at 649 Newtown Road, Suite 101. DISTRICT 2 - KEMPSVILLE DISTRICT Applications ofA UTO PROPERTIES, LLC/KH REAL ESTATE, LLC at 326 and 330 Malibu Drive: LYNNHA VEN DISTRICT a. Conditional Change of Zoning from R-7.5 to Conditional B-2 b. Conditional Use Permit re motor vehicle sales and service expansion December 13, 2011 wm AGENDA REVIEW SESSION ITEM # 61493 (Continued) Item M. I. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for KEITH P. and CHERI N. CARL, shall be DEFERRED, BY CONSENT to February 14, 2012. Item M.2. Application of the CITY OF VIRGINIA BEACH for a Street Closure at 408 Laskin Road, shall be DEFERRED INDEFINITELY, BY CONSENT. Item M.4 Application of ASHVILLE PARK, LLCIA TC REALTY SIXTEEN, INC. for the Modification of Proffers 11, 18, 19 and 30 shall be DEFERRED, BY CONSENT until January 10, 2012. Item M.7, Applications of AUTO PROPERTIES, LLCIKHREAL ESTATE, LLC at 326 and 330 Malibu Drive, shall be APPROVED AS PROFFERED, BY CONSENT. Council Lady Henley shall vote a VERBAL NAY. December 13, 2011 -27 - ITEM # 61494 Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-371 ](A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose, or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Centerville District PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(30). Lifeguard Services Contract Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 4:26 P.M. December 13, 2011 -28 - ITEM # 61494 (Continued) Voting: 10-0 Council Members Voting Aye.- Glenn ye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph (Closed Session: (Break: (4:26 P.M. — 5:52 P.M.) (4:28 P.M. — 4:35 P.M.) December 13, 2011 -29 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 13, 2011 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGIN14 BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, December 13, 2011, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Left 5:52 P.M. due to illness] INVOCATION. • Chaplain David Cochran Virginia Beach Police Department PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA 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 apart of the record. December 13, 2011 -30 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made apart of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made apart of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made apart of the record. December 13, 2011 Item — V -E.1 CERTIFICATION -31 - ITEM # 61495 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE INA CCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye.- Glenn ye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: Harry E. Diezel December 13, 2011 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 #61494, Page 27, 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. Rfith Hodges Fraser, MMC City Clerk December 13, 2011 Item — V -F.1 MINUTES -32 - ITEM # 61496 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 6, 2011 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel December 13, 2011 -33 - Item V -G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 61497 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 13, 2011 RECOGNITION -34 - ITEM # 61497a Mayor Sessoms RECOGNIZED the following BOY SCOUT in attendance as he is working on his Citizenship in the Community Merit Badge. Skyler Willis St. Pius X Catholic Church Scoutmaster Jeff Thomas December 13, 2011 -35 - Item H.1. BID OPENING: ITEM # 61498 Mayor Sessoms called for the Bid Opening and read the following: "LEASE OF CITY PROPERTY — Navigational Aid Tower at Rudee Inlet ("Jetty Light 4'9 "Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been received for a proposed lease of space on a City -owned navigational aid tower ("Jetty Light 4") located on the north side of Rudee Inlet for the purpose of attaching, maintaining and operating weather data gathering equipment" "One bid has been received, as follows: "WeatherFlow, Inc. has bid: - Term: 40 year term - Consideration: WeatherFlow will allow the City access to its weather data through a web -based application at no cost to the City. "Are there any other persons desiring to submit a bid at this time? "There being no further bids, the bidding is closed. "The staff has evaluated the bid that has been received from WeatherFlow, and recommends acceptance of this bid. "We will now open the Public Hearing to award this bid to WeatherFlow': There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. December 13, 2011 -36 - Item I.1. PUBLIC HEARING ITEM # 61499 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY — Munden's Corner — Telecommunications facilities There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. December 13, 2011 -37 - Item J.1. PUBLIC COMMENT ITEM # 61500 Mayor Sessoms DECLARED PUBLIC COMMENT: CONVENTION CENTER HEADQUARTERS HOTEL The following registered to speak: Robert C. Goodman, Jr., Chairman — Convention Hotel Citizens Steering Committee, 150 West Main Street, Suite 2100, Phone; 624-3238, registered in SUPPORT. The charge of the Committee was to look objectively at this phase of the Convention Center project in the same manner that their predecessor committee, the Citizens Steering Committee for the Convention Center, looked at the initial Convention Center project. The finances were reviewed, the overall design and location were examined. A number of suggestions were made and the City was encouraged to act. The result was the City's award winning Convention Center, a "statement of excellence ". The current Committee created a Finance Subcommittee, composed of bankers, accountants, real estate developers and other business representatives in the community. This Committee has been charged to objectively review the business deal to provide City Council with a recommendation. Michael J. Barrett, represented Virginia Beach Visions, and spoke in SUPPORT. City Council should continue to identify PP Vs where studies show the joint participation will enhance the economic prosperity of the City, broaden its tax base and serve the interest of the citizens at large. Virginia Beach Visions instituted its own studies and deliberations within the City's tax force to be certain that the project meets those criteria. This is the way other PP Vs have been scrutinized in the past such as the construction of the Sandler Center, development of Town Center and the hotel parking garage at 31s' Street. The City's proposal, if confirmed by the facts, appears to be essentially financed by taxes paid by visitors that will be attracted to the Convention Center. Further, the Staff's assertion that we have lost significant business for lack of a headquarters hotel has been verified by the records and comments from customers. Hank Boyd, represented Virginia Beach Visions, Chairman — Resort Development Task Force, spoke in SUPPORT and advised over the past several weeks, there have been several individuals, including elected representatives and a newspaper columnist, who have declared their strong opposition to the terms under consideration for a public-private partnership to bring a headquarters hotel to Virginia Beach. Mr. Boyd is distressed that many have voiced their opposition to the proposal before the details are ever made public or the proposal finalized. Virginia Beach Vision has not yet taken a position. Jimmy Capps, local Innkeeper, member — Virginia Beach Visions, spoke in SUPPORT. Two economic engines contribute to the City's prosperity: Tourism and Department of Defense. The Department of Defense contributes over 45% of our regional economy. The DOD budget is being mentioned as one of the cuts to our federal budget, as much as $20 -Million over the next twenty years. Tourism is holding its own during these difficult times. The Convention Hotel PPV is an opportunity to enhance our conference business and place Virginia Beach on the map as a Conference destination. Nancy Creech, President and Chief Executive Officer — Neptune Festival, spoke in SUPPORT. This Council and those who have preceded it on numerous occasions have taken bold and very creative action on controversial issues. Many of these were public-private partnerships paying huge dividends back to the City, which benefits us all. Mrs. Creech has been on the Steering Committee for the Convention Center and also worked for the hotel and projects which have come to fruition and been beneficial. December 13, 2011 Item J.1. PUBLIC COMMENT ITEM # 61500 (Continued) Mayor Sessoms DECLARED PUBLIC COMMENT: CONVENTION CENTER HEADQUARTERS HOTEL Carolyn McPherson, concerned citizen, spoke in SUPPORT re the concept of a headquarters hotel, which I understand does attract conventions, make the experience better and will add to the jobs in the City. Mrs. McPherson advised one of the biggest assets in the community is the land the City owns. Ned Williams, Chairman — Finance Subcommittee of groups previously mentioned by Robert Goodman, spoke in SUPPORT. Over ten (10) years ago, the Finance Subcommittee of the Convention Center Public Steering Committee recognized a Headquarters Hotel would be an important part of the facility. The Committee has refocused on the Headquarters' Hotel Project currently before City Council. This has been recognized as a needed part of the Convention business that is being successfully attracted to Virginia Beach. The competition for this economic important business is very real and very winnable for Virginia Beach. A headquarters hotel will anchor the west end of the 19'h Street corridor with an activity plaza. A high quality experience is required by the Hyatt Regency brand and will support the market position of Virginia Beach as a great destination. Rosie Burgarin, 5208 Albright Drive, Phone: 694-1049, Senior Vice President - Regent Strategies International and Organization Management Group, spoke in SUPPORT. OMG is based in Hampton Roads and is headquarters to 14 national, state and local associations. The Group has a history or promoting Virginia Beach, as a destination. In 2006, Ms. Burgarin was recognized as a Virginia Beach Ambassador and in 2011, the President of OMG, Mike Reitelbach was also recognized as a Virginia Beach Ambassador. Dane Blythe, 2004 Oak Leaf Lane, Phone: 537-1700, registered in OPPOSITION and spoke from three (3) prospectives: The first is eminent domain (transferring land from one private owner to another to further economic development). Second is proper role of City Government. Eliminate the BPOL tax. The Third is spending priorities. Kristin Allen, 2800 Shearwater Cove, Phone: 651-9570, Business owner and consultant who has developed Strategic Plans for companies as large as $2 -BILLION, President — 192 -unit Condominium Association and a taxpayer. Ms. Allen registered in OPPOSITION. She opposed the Convention Center Hotel as the strategy is flawed, the business case is "weak" and the economy is fragile. If the City chooses to go forward against taxpayer's advice, it should investigate investment in infrastructure that connects the existing Double Tree property to the Convention Center and let the Double Tree assume the financial burden. Dorothy Patterson, 229 le Street, Phone: 422-3337, Business Teacher — Chesapeake Public Schools, registered in OPPOSITION. She did not understand why the City is considering putting tax dollars in a public --private partnership to build a Convention Center Hotel. Organizations are not putting on conventions. It is a luxury that is being cut from organization and business budgets. She believes the number of conventions and revenues are overinflated and not providing a real picture of the future. Virginia Beach is not a major hub for the airlines. December 13, 2011 -39 - Item J.1. PUBLIC COMMENT ITEM # 61500 (Continued) Mayor Sessoms DECLARED PUBLIC COMMENT: CONVENTION CENTER HEADQUARTERS HOTEL Barbara Lewis, 3300 Ocean Shore Avenue #1604, Phone: 490-8371, spoke in SUPPORT. Mrs. Lewis has a business at Town Center. She is very happy to be here. Previously, Town Center consisted of a bunch of trees and was not making any money. There is a strong Military presence and tourism base in Virginia Beach. Town Center has done much better in this Recession than many other large cities. The City cannot control Washington; however, tourism, as revenue, can be better controlled. The City Council was able to cut the real estate tax in recent years because of projects like the Convention Center Headquarters Hotel. No General Fund or real estate taxes are used for this project. This project is funded through revenue generated by hotel, admission and meal taxes. Tourists spend $1.1 -BILLION in Virginia Beach every year generating jobs worth over $210 -MILLION per year. Tourism contributes nearly $100-MILLIONper year in tax revenue. This project will create nearly 1, 000 new local jobs. The taxpayers are protected against tax overruns which are paid 100% by the Developer. Richard Kowalewitch, 229 16'" Street, Phone: 831-6143, citizen and business owner, registered in OPPOSITION. In July 2012, I will have spent thirty (30) years owning my own business (privately funded). In the course of the last ten (10) years, the Oceanfront has decreased 36% in room rentals, which is equivalent to 1 -MILLION less people visiting this Resort. The Commissioner of Revenue's office has provided these numbers. Mr. Kowalewitch expressed concern re the method of funding this Convention Center Headquarters Hotel. The United States is based on the capitalistic, free -enterprise system. The City Council does not need to spend any money on the hotel. The City Council is needed to take care of public amenities, utilities and services. There are bigger problems at the Oceanfront than hotels. Public Safety problems need to be addressed. JoAnn Barnes, 573 Ranger Street, Phone; (813) 760-7716, registered in OPPOSITION to spending any public funds on this hotel. The Investors should take all the risk. Mrs. Barnes suggested working with the DoubleTree. They wish to build another tower, will give ballroom space and put a bridge across TO THE Convention Center. If the City insists on a public- private partnership, the DoubleTree will cost less. Reid Greenmun, 2405 Cliffhutter Drive, Phone; 426-5589, registered in OPPOSITION. Ways should be sought to save money. Mr. Greenmun advised he could save City Council $5.3 - MILLION. He attended a cheerleading competition at the Convention Center this weekend. Instead of placing a hotel across the street and paying $5.3 -MILLION for a bridge, the Convention Center should be relocated behind the Convention Center, between the DoubleTree Skip the bridge. You have saved $5 -MILLION. Richard Dunning, 2013 Wood Hollow Cove, Phone: 619-9149, registered in OPPOSITION. The Convention Center Hotel plan is beautiful, however, it is not right for the City Tax Payers to fund. Mr. Dunning expressed concern re the $535 -MILLION. The City is supposed to be looking out for the citizens of Virginia Beach. There is already a deficit and discussion involving laying -off 235 Teachers. The Teachers are being given notice as the real estate property tax has decreased. December 13, 2011 -40 - Item J.1. PUBLIC COMMENT ITEM # 61500 (Continued) Mayor Sessoms DECLARED PUBLIC COMMENT: CONVENTION CENTER HEADQUARTERS HOTEL Charles Grin, 316 Whitehaven Road, Phone: (208) 589-6851, resident of Virginia Beach at the North End; registered in OPPOSITION. Mr. Grin distributed copies of slides re the Convention Center Headquarters Hotel, which were taken from the presentation during the City Council Session of December 6, 2011. Virginia Beach is a City where people live, work and visit. It is not a collection of modern buildings and hotels. Also, as part of the presentation received last meeting, Patricia Phillips, Director of Finance, referenced the bottom line is that the hotel would be a "money-maker". The Developer needs public money to leverage the private capital to make a profit. The City recovers its investment from tax collections on visitants. This is not free market capitalism. Mr. Grin has strong physical objections to federal, state and local governments using tax revenue to subsidize private investment. Even if it is mostly from taxes on those who visit rather than live here. Private public partnerships do not provide basic public services but are instead used to grow government. Keith Freemon, 4152 Church Point Road, Phone: 434-3584, Vice Chairman — Hampton Roads Tea Party, registered in OPPOSITION to the Convention Center Headquarters Hotel; specifically, the Armada Hoffler proposal. The subordination of the debt is a concern. The DoubleTree by Hilton is offering a proposal that would satisfy the need for a headquarters hotel. The conventions that might have been lost will now have a recognizable brand that meets their needs. The property that would have been transferred or jointly owned is now retained as an asset for future projects. The tax payer is not burdened with debt servicing, long-term obligations, foregone capital and the risks that are not lost needlessly. The City of Virginia Beach enhances its reputation as a well-managed city and City Council demonstrates its leadership. Jimmy Frost, 2240 Windom Place, Phone: 343-6768, advised the new Animal Shelter opened last week and Mr. Frost was on hand for the first adoption event. There were thirty-four (34) animals adopted on Saturday. Mr. Frost registered in OPPOSITION re the Convention Center Headquarters Hotel. A lot of money is being expended on a project that is, at best, a definite maybe. Those who champion the project say it cannot be built without public investment. The current budget shortfall of approximately $90 -MILLION has not been addressed. James Szewczyk, 681 South Rosemont, Phone: 613-3672, registered in SUPPORT. Mr. Szewczyk represents himself in toy shows. He has comments from a national toy organizer that represents GI Joe Con and VICON (both sponsored by HASBRO). Last year alone, the Joe Con had 48 dealers and over 2,000 people attend. They had three hotel blocks at three different hotels. Mr. Szewczyk is a disabled Vet and walks with the aid of a prosthetic. The Double Tree is too far and is outdated. David Wesp, 3785 Candy Court, Phone: 408-6093, registered in OPPOSITION. He has no objection to building a hotel, but doing it with a public-private partnership is what he would consider irresponsible. December 13, 2011 -41 - Item J.1. PUBLIC COMMENT ITEM # 61500 (Continued) Mayor Sessoms DECLARED PUBLIC COMMENT: CONVENTION CENTER HEADQUARTERS HOTEL Michael Johnson, 612-202 Shoreham Court, Phone: 348-1531, registered in SUPPORT. He is a Virginia Beach homeowner at Shoreham Square Condominiums, located in the 600 Block of 191" Street. He is also President — Home Owner Association of the 72 -unit complex and represents the approximately 125 owners who live there. Christine Geist, 2168 North Landing, Phone: 240-8670, registered in OPPOSITION. Ms. Geist is currently the General Manager of the Wyndham Virginia Beach Oceanfront Hotel. Prior to July of last year, she was the General Manager of the DoubleTree Hotel Ms. Geist supported James Ricketts and Al Hutchinson, all that is being done to bring great Conventions to this city. Paul Grode, 2437 Colony Drive, Phone: 427-2548, local citizen. The individual taxpayer does not have a majority say in the hotels as in a Referendum. The individual taxpayer will never see a tangible return on their investment. A taxpayer/investor will be unlikely to even use the hotel. Mr. Grode registered in OPPOSITION. Dr. Chris Hooper, 2916 Gaines Landing, Phone: 496-4024, registered in SUPPORT of the Convention Center Headquarters Hotel. Our homeowners strongly support the proposed Convention Center Headquarters Hotel. It meets division and goals set by City Council to optimize the potential of the Convention Center and promote a first class Resort for residents, businesses and tourists, as a year `round destination. The consequences of rejecting this project provide no benefits. Robert Dean, 1204 Shawn Drive, Phone: 427-6606, registered in OPPOSITION. Mr. Dean just pulled this off the Virginian -Pilot's website: the Poll question: "Do you support or oppose the construction of $109.2 -MILLION hotel near the Virginia Beach Convention Center? " Support, 13%, Opposed, 85%.. Thirty-two (32) pages of people have signed an online petition opposing this. Waverly Woods, 2453 Haversham Close, Phone: 749-8266, Member — Virginia Beach Chapter of the Hampton Roads Tea Party, registered in OPPOSITION to private and public partnerships DoubleTree by Hilton is a very strong "brand". There are at least a dozen Convention Hotels that are branded as Doubletrees in large Metropolitan cities. Diane Paradise, 3125 Genius Place, Phone: 563-2365, registered in OPPOSITION. She is opposed to a private and public partnership and believes more consideration should be given the DoubleTree. Duff Kliewer, 205 77'" Street, Phone: 431-0033, local architectural firm, Cox Kliewer and Company. For many years, this firm has done a wide variety of single, multi family and lodging projects. Mr. Kliewer is speaking on behalf of Harmony Investments. Their firm has been commissioned and is at the end of the design sequence on a luxury apartment complex on the north side of the current Pavilion Hotel property. The apartment complex was designed to be complimentary to the Convention Center, both from the standpoint of the fact that it is a modern project, it employees or includes many of the same materials, some of the same building systems and has the same sort of color pallet. December 13, 2011 -42 - PUBLIC COMMENT ITEM # 61500 (Continued) Mayor Sessoms DECLARED PUBLIC COMMENT: CONVENTION CENTER HEADQUARTERS HOTEL Barbara Black, 2612 Broadbay Road, Phone: 478-0888, registered in OPPOSITION, and requested taxpayer dollars not be involved in an investment that has such high risk. It is clear d the taxpayers do not want this hotel at their expense. Baltimore, our closest competitor, has taken this risk and has lost money with conventions. Waste from the local to the national level is unconscionable. Direct your thoughts to conserving taxpayer dollars. Gilbert Garcia, 900 Ringfield Road, Phone: 721-7531, registered in OPPOSITION, and has no doubt this City needs a Convention Center. Citing some figures, Mr. Garcia advised in 2007, there were three bids going up, one of them from the DoubleTree, Sunrise Development Company. Amazingly, Armada Hoffler wanted a $250 -Million hotel and entertainment center with a monorail at $65 -Million. Now, we are facing the same decision again. Mr. Garcia has a problem with the idea property is taken through eminent domain from private citizens for one purpose; to be given over to another. Mr. Garcia wishes City Council reconsider and allow other bids, DoubleTree, in particular. Mr. Garcia expressed concern re the eminent domain aspect. Drake Tsioutsias, 965 Larkaway Court, Phone: 467-1357, resident since 1976, registered in OPPOSITION. If procured by eminent domain, the project should not go forward. Lawrence F. DeAngelo, 30 year resident, 516 King Arthur Drive, Phone: 424-1691, registered in OPPOSITION and expressed concern as the taxpayer's funds are being utilized to finance a private enterprise. If this project is so important, let Armada Hoffler build it themselves Bryan Whitehurst, 428 Trotters Lane, Chesapeake, Virginia, Phone: 482-6484, proud owner of a small mechanical contracting firm and has been in business for twenty-three (23) years, registered in SUPPORT. A project of this magnitude would create several jobs during construction, estimated at approximately one hundred (100) jobs. Scott Taylor, 1206 Laskin Road, Phone: 343-3908, registered in OPPOSITION. Mr. Taylor was representing the Virginia Beach citizens and expressed concern re the lack of transparency in the terms, the rush time line to vote (which has changed) and wished to recommend a different course of action He was personally not OPPOSED to public- private partnerships and does believe the Convention Center is best served with an attached hotel. It is clear that many of the speakers that were in SUPPORT of the project are still reviewing the now public term sheet. He is very troubled that, if the term sheet, had not been "leaked", a very unaware public to include those respected citizens as Virginia Beach Vision members would have had only one opportunity to speak, with a vote the following week. Requested the City Council reconsider their support. John P. Kuchta, Jr., 1132 Little Neck Road, Phone: 468-9020, resident and small business owner, registered in OPPOSITION, spoke in OPPOSITION years ago re the consideration of the Hampton Roads Transportation Authority. The City Council ADOPTED the issue; however, it was struck down by the Virginia State Supreme Court. This project compares to the Authority. December 13, 2011 -43 - Item J.1. PUBLIC COMMENT ITEM # 61500 (Continued) William Stephany, 404 Pallets Road, Phone: (724) 486-4828, registered in OPPOSITION. When the government is involved in business, it is hard for private companies to compete. When the City can utilize eminent domain to take land from private citizens to give to a multi-million dollar corporation, they can take anybody's land for any use. Caleb Dobbs, 1100 Woodcock Lane, Phone: 620-6932, registered in OPPOSITION and advised the citizens are not a "bank". If Hyatt wishes this project to go forward, let Hyatt invest their own money, not ours. Fay Kist, 5292 Shenstone Circle, Phone: 460-2833, registered in OPPOSITION. Ms. Kist wishes the City Council would not vote in favor of the Convention Hotel. City Council's mission is not that of a consortium formed to undertake a private business enterprise for building hotels that is the job of investors, who wish to use their personal funds and the free market system. The funds City Council is planning to utilize have not been voluntarily offered by the citizens who labored to produce it. This requires a Referendum. Greg Wilhelm -Wenzel, Pier Resort 14`h Street, Phone: (571) 243-4414, represented the Pier Resort Project (a new construction project at the Pier), registered in SUPPORT. The Convention Center is very important to the City and a Convention Center Hotel is needed. The economics are at the best time to build. Interest rates are low and funds are 'freeing up". Hyatt, Marriott, all the major brands and they all want to be in this market. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. Councilman Uhrin advised another opportunityfor Public Comment during the City Council Session of January 10, 2012, and formal consideration will be scheduled for the City Council Session of January 24, 2012. December 13, 2011 -44 - Item V.L. ORDINANCES/RESOLUTIONS ITEM # 61501 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1, 2, 3 (AS REVISED) of the CONSENT AGENDA. Voting: 10-0 (By Consent) 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: Harry E. Diezel December 13, 2011 -45 - Item V.L.I. ORDINANCES/RESOLUTION ITEM # 61502 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to RE -ADOPT the Southside Hampton Roads Hazard Mitigation Plan to reduce monitoring natural disaster losses Voting: 10-0 (By Consent) Council Members Voting Aye.- Glenn ye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel December 13, 2011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE TO RE -ADOPT THE SOUTHSIDE HAMPTON ROADS HAZARD MITIGATION PLAN WHEREAS, in an effort to reduce the Nation's mounting natural disaster losses, the U.S. Congress passed the Disaster Mitigation Act of 2000 that requires, in part, that state and local governments develop a hazard mitigation plan in order to remain eligible for pre - and post -disaster mitigation funding; WHEREAS, the City of Virginia Beach sponsored the development of a regional hazard mitigation plan in 2006; WHEREAS, the regional mitigation plan will meet all applicable Federal regulations per the Disaster Mitigation Act of 2000 and local planning requirements established by the Federal Emergency Management Agency (FEMA), as well as local planning requirements for hazard mitigation required by the Virginia Department of Emergency Management; WHEREAS, a FEMA -approved mitigation plan must be re -adopted by the local governing bodies every five years for local communities to remain eligible for future grant funds made available through FEMA's Pre -Disaster Mitigation (PDM) program and Hazard Mitigation Grant Program (HMGP); WHEREAS, in a letter dated November 15, 2011, FEMA provided notice that the Southside Hampton Roads Hazard Mitigation Plan is "approvable" pending each participating jurisdiction's approval of that portion of the overall plan that affects them. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That after the required five (5) year review, the Southside Hampton Roads Hazard Mitigation Plan is hereby approved and re -adopted for the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia this 1 3thday of December 2011. APPROVED AS TO CONTENT: G' Emergency Management Office CA12086 R-1 December 2, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City A ey's ffi City of Virginia Beach Hazard Mitigation Plan — Abstract INTRODUCTION The following is an abstract of the 2011 update of the Southside Hampton Roads Hazard Mitigation Plan. It provides a brief overview of the basic components of the plan and the supporting analsyis of our community's vulnerability to natural hazards. The plan also features potential mitigation strategies the City may want to explore to mediate the impacts of diasters. PURPOSE This plan satisfies the requirements of the Disaster Mitigation Act (DMA) 2000, and is a collective effort between Isle of Wight County, Norfolk, Portsmouth, Smithfield, Suffolk, Virginia Beach, and Windsor. It identifies the region's risk of natural hazards (i.e., hurricanes, tornados, lightning storms, etc.), highlights each jurisdiction's capabilities and vulnerabilities, and details strategies to remedy shortfalls and further prepare the community. This plan is a required for future mitigation funding eligibility. The spirit of the DMA 2000 is not to impose a federal mandate on state and local governments, but rather to encourage proactive steps toward protecting communities — not only through post -disaster mitigation activities, but more importantly, through pre -disaster mitigation planning in all areas of government. Funding is provided by FEMA and VDEM through Hazard Mitigation Grant Program (HMGP) funds. PLANNING METHODOLOGY The methodology for this plan is defined by FEMA requirements and is meant to provide a comprehenive and quantitative assessment of mitigation issues. A key element of the planning process is the establishment of a planning team. The planning team then identifies those hazards that might impact the community. The history and relative risks from these hazards are quantified in relation to frequency, impact, and criticality. The planning team then looks at community vulnerability in terms of the physical properties at risk, as well as the population. From this analysis the hazards are ranked and defined. Additional steps include looking at the capabilities for the management of risk, as well as mitigation strategies that the community may want to consider. South Hamtpon Roads Hazard Rankings CRITICAL HAZARDS - HIGH RISK CRITICAL HAZARDS — MODERATE RISK CRITICAL HAZARDS - LOW RISK Sea Level Rise and Land Subsidence Hazardous Materials Incidents Urban Fires Flood (100 -Year) Tornadoes Wildfires Hurricanes and Tropical Storms Severe Thunderstorms and Hail Drought Winter Storms and Nor'easters Lightning Dam Failures Floods (Storm Surge) Shoreline Erosion Earthquake Extreme Heat Radiolocial Threats Mosquito Borne Disease Terrorism Biological Threats MITIGATION GOALS The analysis and consideration of the risk associated with those hazards became the basis for the development of various mitigation goals for the region and the City of Virginia Beach. The following are the regional strategies that are identifed to create jurisdiction -specific goals. 2011 South Hampton Roads Mitigation Goals Goal 1: Protect critical facilities and infrastructure, including bridges, utilities, and evacuation routes, from high risk hazards. Goal 2: Conduct public education programs to protect lives and property. Goal 3: Protect property, including neighborhoods, homes, and businesses. Goal 4: Integrate mitigation concepts into local and regional government actions. Goal 5: Identify opportunities to implement green environmental -friendly and energy- efficient technologies as part of the mitigation strategy. SUMMARY This plan has been developed to meet FEMA requirements for mitigation plan development and is required in order to allow the City to seek assistance under the Hazard Mitigation Grant Program after major disasters. Beyond this requirement, the plan ensures the City's comprehensive emergency planning and considers mitigation opportunities to prepare for and lessen the impact of disasters. These materials further provide an analysis of the relative risks and potential impacts associated with natural disasters and serve as a planning reference in understanding Virginia Beach's specific risks and hazards. Of note in this update is the inclusion of Sea Level Rising as a new hazard to integrate into our planning efforts. This plan will provide a focal point for the integration of mitigation strategies into the overall City emergency preparedness program. wom Item V L.2. ORDINANCES/RESOLUTION ITEM # 61503 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. Richmond 20MHz, LLC, dIb/a/ NTELOS re wireless telecommunications at Murden 's Corner b. WeatherFlow, Inc. re navigational aid tower ("Jetty Light 4) at Rudee Inlet Voting: 10-0 (By Consent) 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: Harry E. Diezel December 13, 2011 1 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF 2 THE CITY PROPERTY LOCATED AT MURDEN'S CORNER 3 (GPIN 1494-69-9058) FOR THE PURPOSE OF 4 CONSTRUCTING, MAINTAINING AND OPERATING 5 WIRELESS TELECOMMUNICATIONS FACILITIES 6 7 WHEREAS, the Clerk has laid before the City Council an ordinance adopted 8 October 11, 2011, providing for bids for a lease of a portion of the City property located at 9 Murden's Corner (GPIN 1494-69-9058), in the Princess Anne District, for the purpose of 10 constructing, maintaining and operating wireless telecommunications facilities, together 11 with a certificate of due publication of the same once per week for two successive weeks in 12 a newspaper of general circulation in the City, in the manner prescribed by law; and 13 14 WHEREAS, Richmond 20MHz, d/b/a NTelos Wireless, has submitted the highest 15 bid for the award of such lease, which bid was delivered to the Mayor in open session on 16 the day and hour named in the advertisement and was read aloud; and 17 18 WHEREAS, the Mayor then and there inquired for any further bids, and none were 19 submitted; and 20 21 WHEREAS, in the opinion of the City Council, it is expedient and in the best 22 interests of the City that the said lease should be granted to Richmond 20MHz, d/b/a 23 NTelos Wireless; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. That the bid of Richmond 20MHz, d/b/a NTelos Wireless be, and hereby is, 29 accepted, and that the aforesaid lease be, and hereby is, awarded to Richmond 20MHz, 30 d/b/a NTelos Wireless, upon the conditions set forth in such lease. 31 32 2. That the name of Richmond 20MHz, d/b/a NTelos Wireless shall be inserted 33 in the aforesaid lease, and that the City Manager shall execute, on behalf of the City, the 34 aforesaid lease entitled "Ground Lease Agreement (Murden's Corner)), City of Virginia 35 Beach, Lessor and Richmond 20MHz, d/b/a NTelos (Lessee) a summary of the material 36 terms of which is hereto attached and a copy of which is on file in the Office of the City 37 Attorney. 38 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 �thday of 41 D Pmher 2011. APPROVED AS TO CONTENT: �,,`�L1i Public Works acilities Management CA -12060 R-1 November 28, 2011 APPROVED AS TO LEGAL SUFFICIENCY"ff�ice City Attorney's NTELOS LEASE AGREEMENT Summary of Material Terms Location: Murden's Corner, near 2500 Block of Holland Road (Princess Anne District) Use: Personal wireless telecommunications facilities consisting of antenna array on existing high-voltage transmission tower and equipment cabinet housing associated equipment Lessee: Richmond 20MHz, LLC, d/b/a/ NTELOS Leased Area: 20' x 35' leased area, together with necessary ingress/egress easements Term: Ten years with two 5 -year options to renew Rent: $6,955.64 for the first year; 3% annual increase after 1st year Other: Lessee's operation not to interfere with City functions; Lessee must correct interference immediately or, if not correctable, lease may be terminated within 30 days Lessee may expand, etc. building only with City's consent Lessee required to comply with all terms of conditional use permit Lessee required to carry $1,000,000 comprehensive insurance, plus other insurances Lessee required to indemnify City for injuries, etc., caused by Lessee's negligence, etc. Lessee must remove antennas and building and restore premises to original condition within 90 days of expiration or termination of lease Lease terminable if property is taken for public use; City not liable for any compensation to lessee 11/30/2011 Location Map 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 40 -YEAR LEASE 3 WITH WEATHERFLOW, INC. FOR CITY - 4 OWNED NAVIGATIONAL AID TOWER ("JETTY 5 LIGHT 4") LOCATED ON THE NORTH SIDE OF 6 RUDEE INLET 7 8 WHEREAS, the City of Virginia Beach (the "City") owns a navigational aid tower 9 commonly known as "Jetty Light 4" located on the North Side of Rudee Inlet; 10 11 WHEREAS, WeatherFlow, Inc. ("WeatherFlow") desires to enter into a lease 12 agreement for use of Jetty Light 4 for the purpose of attaching, maintaining and operating 13 weather data gathering equipment; and 14 15 WHEREAS, WeatherFlow will allow the City access to its weather collection data at 16 no charge, which will provide a useful resource to the City. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL.OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the City Manager is hereby authorized to execute a lease for a term of forty 22 (40) years, between WeatherFlow, Inc. and the City of Virginia Beach, in accordance with 23 the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such 24 other terms and conditions deemed necessary and sufficient by the City Manager and in a 25 form deemed satisfactory to the City Attorney. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of 28 December , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t , Public Wor / Operations City Attorney Manager \� CA 11960 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D028\P013\00049091.DOC R-1 December 2, 2011 EXHIBIT A SUMMARY OF TERMS LEASE TO WEATHERFLOW, INC. LESSOR: City of Virginia Beach ("City") LESSEE: WeatherFlow, Inc. ("WeatherFlow") PROPERTY: Space on the navigational aid tower, commonly known as "Jetty Light 4", owned by the City and located on the North Side of Rudee Inlet TERM: Forty (40) years RENT: None. WeatherFlow will provide the City with access to its weather data at no charge to the City RIGHTS AND RESPONSIBILITIES OF LESSEE: • Provide City with access to WeatherFlow's data using WeatherFlow's web -based applications at no charge to the City. • Purchase and maintain workers' compensation and employers liability insurance in the minimum amount of $500,000 each accident, commercial general liability and professional liability insurance in the minimum amount of $2,000,000 each. • Indemnify City from liability for injury, loss, accident or actual damage to any person or property. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Allow WeatherFlow access to the site upon 24 -hours' advance written notice from WeatherFlow. • WeatherFlow data is for City use only; City may not republish or redistribute data without WeatherFlow's written consent. TERMINATION: • Either party may terminate the lease upon thirty (30) days' advance written notice to the other party. W W W J � z Co a' M a- a) - N N (� m � � (D >C7 4- C c o E cz a Q Z Q V O J � C o CU � }' a �, M 0 m :3 cc cu o� c- 0a) 0 >, sz � C 1)E C—U co E -47 - Item V.L.3. ORDINANCES/RESOLUTION ITEM # 61504 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: REVISED RESOLUTION to DIRECT the City Manager and the Consolidated Benefits Office Staff to implement the Health Risk Incentive program as part of the Health Plan offered to City employees for Plan Year 2013 Voting: 10-0 (By Consent) 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: Harry E. Diezel December 13, 2011 REQUESTED BY MAYOR SESSOMS, VICE -MAYOR JONES, and COUNCILMEMBERS DAVIS, DESTEPH, DIEZEL, DYER, HENLEY, MOSS, UHRIN, WILSON and WOOD 1 A RESOLUTION OFFERING DIRECTION TO THE CITY 2 MANAGER REGARDING THE CITY'S HEALTH CARE 3 OFFERINGS FOR PLAN YEAR 2013 4 5 WHEREAS, the City provides access to health insurance coverage to its 6 employees and retirees who retire under the Virginia Retirement System; 7 8 WHEREAS, the cost of providing health insurance coverage has continued to 9 rise and is expected to significantly increase in the upcoming years; 10 11 WHEREAS, it is the desire of the City Council to improve the health of City 12 employees, workplace productivity and reduce the rising cost of health care; 13 14 WHEREAS, City and School staff have recommended implementation of a health 15 risk incentive program in coordination with the health insurance coverage to achieve 16 these goals; 17 18 WHEREAS, City Council was briefed on the health risk incentive program in 19 which employees would receive an incentive for voluntarily undergoing a health risk 20 assessment reviewing the following risk factors: (1) tobacco use; (2) exercise frequency; 21 (3) blood pressure; (4) cholesterol; and (5) body mass index and consulting with a 22 health coach; and 23 24 WHEREAS, City Council, as recommended by City and School staff, supports 25 the implementation of the health risk incentive program in coordination with the health 26 insurance coverage to meet these goals. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 The City Manager is hereby directed to work with Consolidated Benefits Office 32 staff to implement the health risk incentive program as part of the health insurance plan 33 offered to City employees. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 _jth day of December , 2011. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12089 R-5 December 13, 2011 Item V.M. PLANNING 1. KEITH P. and CHERI N. CARL Z CITY OF VIRGINIA BEACH -48 - ITEM # 61505 3. ATLANTIC DEVELOPMENT ASSOCIATES, LLC SUBDIVISION VARIANCE STREET CLOSURE NONCONFORMING USE 4. ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC. MODIFICATION OF PROFFERS (Conditional Change of Zoning/ Approved May 10, 2005) 5. SENTARA VILLAGE — VIRGINIA BEACH/ 6. NEW TODAYBUS, INC. NE WTO WN BAKER SC MODIFICATION OF CONDITIONAL USE PERMIT (Approved: November 13, 1990 and August 25, 1992 Hospice Services CONDITIONAL USE PERMIT/ 7. AUTO PROPERTIES, LLC/KHREAL ESTATE, LLC CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT December 13, 2011 Item V.M. PLANNING -49 - ITEM # 61506 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Item 1 (DEFERRED 2/14/2012), Item 2 (DEFERRED INDEFINITELY), Item 3, Item 4 (DEFERRED 1/10/2012), Item 5 (ADDING HOSPICE CARE), Item 6 and 7a/b of the PLANNING BY CONSENT AGENDA. Council Lady Henley shall vote a VERBAL NAY on Item 7a/b AUTO PROPERTIES, LLC/KH REAL ESTATE, LLC Voting: 10-0 (By Consent) 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: Harry E. Diezel December 13, 2011 Item VM. I. PLANNING -50 - ITEM # 61507 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO FEBRUARY 14, 2012, BY CONSENT, Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for KEITH P. and CHERI N. CARL re an existing lot at 4824 Lake Bradford Lane. DISTRICT 4 - BAYSIDE DISTRICT KEITH P. & CHERI N. CARL, Subdivision Variance, 4824 Lake Bradford Lane (GPIN 1479398383). DISTRICT 4 - BAYSIDE Voting: 10-0 (By Consent) 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel December 13, 2011 -51 - Item V M2. PLANNING ITEM # 61508 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance upon application of the CITY OF VIRGINIA BEACH for a Street Closure at 408 Laskin Road. DISTRICT 6 - BEACH Ordinance upon application of the CITY OF VIRGINIA BEACH for the Closure of a portion of right-of-way west of property at 408 Laskin Road (GPIN 2418926002) DISTRICT 6 - BEACH Voting: 10-0 (By Consent) 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel December 13, 2011 Item V.M3. PLANNING -52 - ITEM # 61509 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, a Resolution upon Application of ATLANTIC DEVELOPMENT ASSOCIATES, LLC for a Nonconforming Use re a second single-family dwelling at 8004 Atlantic Avenue. (GPIN 24195878902200) DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Resolution Authorizing the Conversion of a Nonconforming Use on Property Owned by Atlantic Development Associates, LLC and located at 8004 Atlantic Avenue (GPIN 24195878902200). DISTRICT 5 - LYNNHAVEN The following conditions shall be required.• The alterations shall substantially adhere to the submitted Site Plan entitled, "Conceptual Site Plan; 8004 "A " & 8004 `B " Atlantic Avenue ", prepared by WPL and dated June 30, 2011. Said Plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed alterations shall substantially adhere to the submitted elevations entitled, "Site Plan; 8004 "A " & 8004 "B " Atlantic Avenue ", prepared by WPL and dated June 30, 2011. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. All required permits for the proposed additions and alterations shall be obtained from the Planning Department/Permits and Inspections Division. Voting: 10-0 (By Consent) 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel December 13, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 A RESOLUTION AUTHORIZING THE CONVERSION OF A NONCONFORMING USE ON PROPERTY OWNED BY ATLANTIC DEVELOPMENT ASSOCIATES, LLC AND LOCATED AT 8004 ATLANTIC AVENUE WHEREAS, Atlantic Development Associates, LLC and 8004 Atlantic Avenue a Condominium, (hereinafter the "Applicants") have made application to the City Council for authorization to convert a nonconforming use located at 8004 Atlantic Avenue, in the R -5R, Residential Zoning District, by demolishing a garage apartment and replacing it with a single-family dwelling on the same lot; and WHEREAS, the garage apartment is nonconforming as it was built prior to the adoption of the applicable zoning regulations, and the additional single-family dwelling on a single lot is not allowed in the R -5R Residential Zoning District, so this demolition and construction is a conversion of the nonconforming use; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the conversion of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as converted, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as converted, will be equally appropriate to the district as is the existing nonconforming use under the conditions of approval set forth hereinbelow. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the conversion of the nonconforming use is hereby authorized, upon the following conditions: 1. The alterations shall substantially adhere to the submitted site plan entitled, "Conceptual Site Plan; 8004 "A" & 8004 "B" Atlantic Avenue", prepared by WPL and dated June 30, 2011. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed alterations shall substantially adhere to the submitted elevations entitled, "Site Plan; 8004 "A" & 8004 "B" Atlantic Avenue", prepared by WPL and dated June 30, 2011. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. All required permits for the proposed additions and alterations shall be obtained from the Planning Department/Permits and Inspections Division. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13t -h day 50 of r)t c t -h - , 2011. APPROVED AS TO CONTENT Caw•�&- UZ Planning Department CA12091 R-1 November 30, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office -53 - Item V M4. PLANNING ITEM # 61510 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO JANUARY 10, 2012, BY CONSENT, Ordinance upon application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC. for the Modification of Proffers 11, 18, 19 and 30 (approved on a Conditional Change of Zoning by City Council on May 10, 2005) at Princess Anne Road Ashville Park, Village B. (GPIN 2413165292) DISTRICT 7 - PRINCESS ANNE Ordinance upon application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC., Modification of Conditional Change of Zoning, East side of Princess Anne Road Village B, South side of Ashville Park (GPIN 2413165292). DISTRICT 7 -PRINCESS ANNE Voting: 10-0 (By Consent) 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel December 13, 2011 Item V M.5. PLANNING -54 - ITEM # 61511 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED AS CONDITIONED/ADDING HOSPICE CARE FACILITY, BY CONSENT, Ordinance upon application of SENTARA VILLAGE — VIRGINIA BEACHISENTARA LIFE CARE CORPORATION for a Modification of a Conditional Use Permit (approved by City Council on November 13, 1990 and August 25, 1992) at 3751 Sentara Way. (GPIN 1487423567) DISTRICT 3 - ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SENTARA VILLAGE — VIRGIN19 BEA CHISENTARA LIFE CARE CORPORA TIONfor a Modification oLy a Conditional Use Permit (approved by City Council on November 13, 1990 and August 25, 1992) at 3751 Sentara Way. (GPIN 1487423567) DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. All conditions, with the exception of Number 5 and 8, attached to the Modification of Conditions of the Conditional Use Permit granted by the City Council on August 25, 1992, shall remain in effect. 2. Condition Number 5 and 8 of the Modification of Conditions of the Conditional Use Permit identified above is modified to allow a maximum of 123 nursing beds and 80 assisted living beds. 3. The site layout, including parking, access drive and building additions shall be constructed in substantial conformance with the Plan entitled, "Sentara Hospice Center, "prepared by Langley & McDonald, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. The building additions shall be constructed in substantial conformance with the elevations entitled, "Hospice Addition, Sentara Life Care, "prepared by PF&A, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. The additional plant material to be added to the site shall, at a minimum, be as depicted on the exhibit entitled, "Landscape Concept Plan, " prepared by In Sites Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. This Ordinance shall be effective in accordance with Section 107 (fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of December, Two Thousand Eleven December 13, 2011 Item V M. S. PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: ITEM # 61511 (Continued) Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Council Members Absent: Harry E. Diezel December 13, 2011 -56 - Item V.M.6. PLANNING ITEM # 61512 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED AS CONDITIONED, Ordinance upon application of NEW TODAY BUS, INC./NEWTO WNBAKER SCfor a Conditional Use Permit re a bus terminal at 649 Newtown Road, Suite 101. (GPIN 1468313784) DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW TODAY BUS, INC./NEWTOWN BAKER SC for a Conditional Use Permit re a bus terminal at 649 Newtown Road, Suite 101. (GPIN 1468313784) DISTRICT 2 — KEMPSVILLE RO121137451 The following conditions shall be required: When buses are not in operation, they shall be parked in the designed "overnight parking" spaces as shown within the marked -up Site Plan entitled, "Newtown Baker Crossing" and by S.L. Nusbaum Realty. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Planning Department. 2. A landscape buffer shall be installed within the area North of the designated "overnight parking" spaces as shown on the marked -up Site Plan entitled, "Newtown Baker Crossing" and by S.L. Nusbaum Realty. Category VI plant material shall be provided, except when within the Dominion transmission rights-of-way where the plant material shall conform to Category I plant material. 3. Buses shall load and unload in the designated loading and unloading area as shown on the marked -up Site Plan entitled, "Newtown Baker Crossing" and by S.L. Nusbaum Realty. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. There shall be a restroom, located in Suite 101, and available to passengers during all hours that the facility is in operation. 5. At least twenty (20) seats shall be available within the office for passengers to wait before or after their scheduled bus departs or arrives. 6. No transfers or connections onto other buses shall be conducted onsite. 7. No vehicle service repair or maintenance activities shall be performed at this site. 8. The applicant shall obtain all the necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 9. The operation of the buses shall be limited to the schedule provided by the applicant: Three times daily - 12:30AM, 10:30AMand 3: 30PM December 13, 2011 Item V.M.6. PLANNING -57 - ITEM # 61512 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of December, Two Thousand Eleven Voting: 10-0 (By Consent) 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel December 13, 2011 Item V.M. 7.a/h PLANNING S: ITEM # 61513 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED AS PROFFERED, BY CONSENT, Applications of AUTO PROPERTIES, LLC/KH REAL ESTATE, LLC at 326 and 330 Malibu Drive: (GPIN14876552850000/14876551980000) DISTRICT 5 - LYNNHAVEN a. Conditional Change of Zoning from R-7.5 to Conditional B-2 b. Conditional Use Permit re motor vehicle sales and service expansion BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of AUTO PROPERTIES, LLC/KH REAL ESTATE, LLC at 326 and 330 Malibu Drive: (GPIN 14876552850000/14876551980000) DISTRICT 5 - LYNNHAVEN a. Conditional Change of Zoning from R-7.5 to Conditional B-2 b. Conditional Use Permit re motor vehicle sales and service expansion RO 121137452 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 ()q of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of December, Two Thousand Eleven Voting: 9-1 (By Consent) Council Members Voting Aye.- Glenn ye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- Barbara ay: Barbara M. Henley* Council Members Absent: Harry E. Diezel December 13, 2011 N1A�BFAc� In Reply Refer To Our File No. DF8151 TO: Mark D. Stiles h FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: October 13, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; KH Real Estate, LLC ; The above -referenced conditional zoning application is scheduled to be heard by the City Council on October 25, 2011. 1 have reviewed the subject proffer agreement, dated July 22, 2011 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen u P I In Reply Refer To Our File No. DF8151 TO: Mark D. Stiles h FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: October 13, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; KH Real Estate, LLC ; The above -referenced conditional zoning application is scheduled to be heard by the City Council on October 25, 2011. 1 have reviewed the subject proffer agreement, dated July 22, 2011 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen KH REAL ESTATE, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 22nd day of July, 2011, by KH REAL ESTATE, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of two (2) certain contiguous parcels of property located in the Rose Hall District of the City of Virginia Beach, containing approximately sixteen thousand (16,000) square feet and described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcels being hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1487-65-5285 1487-65-5198 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be resubdivided and, by vacation of all internal property lines, incorporated into the adjacent commercially zoned parcel abutting the eastern and southern boundaries. 2. When the Property is redeveloped, it shall only be used for surface parking substantially in accordance with the exhibit entitled "CONCEPT PLAN, 49 SPACE EMPLOYEE OVERFLOW PARKING LOT", dated July 22, 2011. prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan") 2 3. When the Property is developed, the fencing and permanent landscape buffer areas shall be installed and maintained along the western boundary of the Property and adjacent to Malibu Drive as depicted and described on the Concept Plan. 4. When the Property is developed, all exterior lighting shall be low intensity and residential and in accordance with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the parldng lot; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. 5. Further conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee. All references hereinabove to R-7.5 and B-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: 3 (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (g) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 0 WITNESS the following signature and seal: Grantor: KH Real Estate, LLC, a Virginia limited liability company By. q 4 �-Y (SEAL) Kenneth A. Hall, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: _ The f�egoing instrument was aclmowledged before me this �, day of 2o11, by Kenneth A. Hall, Manager of KH Real Estate, LLC, a Virginia limited liability company, Grantor. QOL���tttS�tttfttKpr Notary blic I� CU _. My Commission Expires: S Notary Registration No.: '709 Y Yak O �\ �IfFf R i 9\3, EXHIBIT "N' ALL THOSE certain lots, pieces or parcels of land, with the improvements thereon, and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lots 1 and 2, on that certain plat entitled "SUBDIVISION OF MALIBU" SECTION — i PRINCESS ANN COUNTY, VA.", made by Frank D. Tarrall, Jr. & Associates, dated 1960, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 50, at Page 17. GPIN: 1487-65-5198 1487-65-5285 \\Sykesw2k\users\AM\Conditional Rezoning\KH Real Estate\Proffer Agreement.doc R IWE Item V -NN, I. APPOINTMENTS ITEM # 61514 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BIKEWAYS AND TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD PARKS AND RECREATION COMMISSION PLANNING COMMISSION December 13, 2011 Item V -N.2. APPOINTMENTS ITEM # 61515 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Dr. Victoria Strasnick Unexpired term thru 03/31/2013 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye.- Glenn ye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel December 13, 2011 -61 - Item V -N.3. APPOINTMENTS ITEM # 61516 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Barbara Yates Effective 12/13/2011 OLD BEACH DESIGN REVIEW COMMITTEE 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel December 13, 2011 -62 - Item V.O. ADJOURNMENT ITEM # 61517 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7.45 P.M. (� ---------- ---- Beverly O. Hooks, CMC Chief Deputy City Clerk uih Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor December 13, 2011 Item V O. ADJOURNMENT -62 - ITEM # 61517 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7.45 P.M. ------- -- - - - - - --- Beverly . ooks, CMC Chief Deputy City Clerk �� --- ---- -------------- --- th Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia December 13, 2011