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Home My WebLink AboutJANUARY 22, 2013 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Loge VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA N. ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR LYNDONS. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 22 JANUARY 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. II. CITY COUNCIL'S BRIEFINGS - Conference Room - A. SUSTAINABILITY PLAN Walt Cole, Director of Planning — Clark Nexsen Clay Bernick, Environment and Sustainability Administrator — Planning B. VIRGINIA BEACH TRANSIT EXTENSION STUDY William Harrell, President and CEO - Hampton Roads Transit (HRT) CITY MANAGER'S BRIEFINGS A. INVESTIGATION REVIEW PANEL ANNUAL REPORT Regina Hilliard, Director — Human Resources B. INTERIM FINANCIAL STATEMENT Patti Phillips, Director — Finance CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. B. C. CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION 2:30 PM 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Lee Siebert Pastor Community United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 8, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. Proclamation: Virginia Beach Mustangs Day I. PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY a. Farmers Market (1) The Nesting Box (2) Chapman's Flowers & Gifts (3) Holland Produce (4) Creekmore's Place (5) Kempsville Florist & Gift Shop, Inc. (6) The Country Butcher (7) S & H Produce (8) Virginia Garden, Inc. b. Virginia Wild Horse Rescue at 2865 Indian River Road II 1 2. SALE OF EXCESS CITY -OWNED PROPERTY a. 1536, 1540 and 1556 Ohio Avenue b. 254 Roselynn Lane 3. INSTALLMENT PURCHASE AGREEMENT (ARP) a. 1845 North Muddy Creek Road J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 5-527 of the City Code re penalties for dangerous animals 2. Ordinances to AUTHORIZE and DIRECT the City Manger to EXECUTE: a. Leases at the Farmers Market (1) (2) (3) (4) (5) (6) (7) (8) The Nesting Box Chapman's Flowers & Gifts Holland Produce Creekmore's Place Kempsville Florist & Gift Shop The Country Butcher S&H Produce Virginia Garden, Inc. b. Lease with the Virginia Wild Horse Rescue at 2865 Indian River Road 3. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same: a. 1536, 1540 and 1556 Ohio Avenue to Ocean Bay Homes (DISTRICT 6 — BEACH) b. 254 Roselynn Lane to Millard F. and Audrey A. Jent (DISTRICT 6 — BEACH) 4. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Sidney G. Lawrence and Karen A. Burch at 1845 North Muddy Creek Drive 5. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. Deed of Release and Exchange re an Agricultural Land Preservation (ARP) Easement at Dawley Farms, LLC b. Intergovernmental Agreement between the City and the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program (ARP) easements 6. Ordinance to AUTHORIZE the dedication of a conservation easement at Pleasure House Point, Parcel 3 7. Ordinance to ESTABLISH the Thalia Creek Greenway Trail ("the Greenway"), ACCEPT and APPROPRIATE Grant Funding from the Federal Highway Administration and TRANSFER funds to the project 8. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT additional streets and corrections to the Road Inventory for Urban Maintenance payments 9. Ordinance to APPROPRIATE $33,769 from the Oyster Heritage Trust Fund to Planning and Community Development to continue the pilot Oyster Shell Education and Recycling program and initiate an annual survey of oyster populations on sanctuary reefs in the Lynnhaven River Watershed 10. Ordinance to APPROPRIATE $318,000 to Public Utilities and TRANSFER $32,000 from the Water and Sewer Fund Regular Reserve for Contingencies re partial payment for the purchase of a replacement sewer vacuum truck K. PLANNING 1. Application of SALEM WOODS CIVIC ASSOCIATION for a Variance to §4.5 of the Subdivision Ordinance which requires public sites and open spaces for residential subdivisions at 4609 Rothwell Court DISTRICT 4 - ROSE HALL STAFF RECOMMENDATON PLANNING COMMISSION RECOMMENDATION DENIAL APPROVAL 2. Application of the SURF BEACH CLUB, INC. for alteration to a non -conforming use to replace existing cabana structures at 5704 Ocean Front Avenue DISTRICT 5 - LYNNHAVEN RECOMMENDATION DEFERRAL TO FEBRUARY 12, 2013 3. Application of CHRISTINE WERNE/PEMBROKE OFFICE PARK, L.P. for a Conditional Use Permit re a technical/vocational school (School of Esthetics) at 289 Independence Blvd DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 4. Application of OCEAN HORIZON PROPERTIES, L.C. Conditional Use Permit for a commercial valet parking lot at 209 20th Street DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 5. Application of MPB, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional 0-2 Office re a three story office structure at Princess Anne Road and Elson Green Avenue (deferred November 13, December 4 and December 11, 2012) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of WILLIAM McCARTHY Change of Zoning from AG -2 Agricultural to Conditional B-2 Community Business re development of a hair care center and retail shops at 3004 Holland Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************** CITY COUNCIL SESSIONS January 2013 January 29 Fifth Tuesday, No Sessions Agenda 01/22/2013/gw CITY COUNCIL RETREAT Economic Development Conference Room February 4-5, 2013 -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 22, 2013 Mayor William D. Sessoms, Jr. called to order the City Council's Briefing regarding the SUSTAINABILTY PLAN, in the City Council Conference Room, Tuesday, January 22, 2013, at 2:30 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, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood. Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 -2 - CITY COUNCIL'S BRIEFING SUSTAINABILTY PLAN 2:30P.M. ITEM #62495 Mayor Sessoms introduced and welcomed Clay Bernick, Environment and Sustainability Administrator, Planning. Mr. Bernick advised the City Council has been briefed on this issue in the past and this is an update on where we are in the Plan process. A Community Plan for .a :Sustainable Future City Council Briefing January 22"" 2013 'v bolo January 22, 2013 -3 - CITY COUNCIL'S BRIEFING SUSTAINABILTY PLAN ITEM #62495(Continued) January 22, 2013 -4 - CITY COUNCIL'S BRIEFING SUSTAINABILTY PLAN ITEM #62495(Continued) The Plan is linked to both the City and the Community in development. There has been a tremendous amount of citizen input. The Plan needs both the City and the citizens to make it work and become a real value to the City. CITY ts ans Dep.aetrp,ne it-zzag. MOS Camssoettsos,ve za Plan - CM, Definition A desexipi.ion of 00 oof, like Willsrl WS+ 'get ight", achieved by the actintlphshment of a series of goEds, and expressed ol the prexerit tense 0,.firtitIon The dchiPvernent of a desif 8ble ortle to1 whidi effort, in the form of objectwes, is directed. OfetsweitivoiOlib ELEMENTS Definition. Vey areas of interevt that encompass and organize the total plan O fi,ntion ,4mi->itilto‘tiOrii.x.--.*ktdiot041744WK•aranhioq go.I Eie nerit141gT,OPF.,.. - -PEPFOP dhNCEMEASOF.L- January 22, 2013 -5 - CITY COUNCIL'S BRIEFING SUSTAINABILTY PLAN ITEM #62495(Continued) ,race infrosi,,Vnt adapt for rnahnoIogy The City is planning to have a speaker series and have the Plan on the City's Web -Site in order to continue to encourage citizen engagement. It is very important that the Plan have checks and balances and goals linked to the Plan. January 22, 2013 -6- CITY COUNCIL'S BRIEFING SUSTAINABILTY PLAN ITEM #62495(Continued) January 22, 2013 -7 - CITY COUNCIL'S BRIEFING SUSTAINABILTY PLAN ITEM #62495(Continued) The Mayor thanked Mr. Bernick. January 22, 2013 -8 - CITY COUNCIL'S BRIEFING VIRGINIA BEACH TRANSIT EXTENSION STUDY 2:44P.M. ITEM #62496 Mayor Sessoms introduced and welcomed William Harrell, President and CEO — Hampton Roads Transit (HRT). Mr. Harrell advised he will be providing an update of the HRT's record and action as he understands the City would like to accelerate this Study, if possible. He will discuss some of project time savings HRT has already incorporated into the schedule, including some of the lessons learned from the Tide on advancing fixed guide way projects through the Federal process. Virginia Beach Transit Extension Study Virginia Beach City Council Work Session January 22, 2013 HAMPTON ROADS TRANSIT HRT is actively engaged with the Federal Transportation Administration and HRT's consultant team to compress the project schedule and accelerate the process. Goals of the Presentation • We are pleased to provide you with this update on the VBTES project and the inclusion of Hilltop SGA • We are actively engaged with FTA to accelerate document analysis, review, and approvals • HRT is compressing the VBTES project schedule • VBTES process includes lessons learned from the Tide January 22, 2013 -9 - CITY COUNCIL'S BRIEFING VIRGINIA BEACH TRANSIT EXTENSION STUDY ITEM #62496(Continued) Mr. Harrell reminded City Council this project originally started with consideration of transit options in Virginia Beach focused around the former Norfolk Southern Railroad right-of-way from Newtown Road to Birdneck Road and continuing on to the Oceanfront. This also includes various end -of -line options, such as stopping at Town Center/Thalia Shores area, Lynnhaven Parkway or the Oceanfront. What is VBTES? • The Virginia Beach Transit Extension Study (VBTES) is examining the best transit options for a former freight rail right of way that runs from Newtown Road to Birdneck Road in Virginia Beach, and then continues to the Oceanfront. Study Alternatives The VBTES is currently undergoing a review of alternatives in a federally mandated process (AA / DEIS). The document is focused on developing and evaluating alternatives for the transit extension. The alternatives include No Build, Enhanced Bus Service, Bus Rapid Transit (BRT) Service, and Light Rail Transit (LRT) Service. January 22, 2013 -10 - CITY COUNCIL'S BRIEFING VIRGINIA BEACH TRANSIT EXTENSION STUDY ITEM #62496(Continued) Progress to Date • AA/DEIS began May 1, 2009 • HRT halted VBTES AA/DEIS in April 2011 Progress continued on: — Updated definition of BRT alternative — Completed HRT system -wide O&D rider surveys — Calibrated ridership model with O&D data results — Completed environmental documentation for purchase of NSRR ROW — Added Hilltop SGA alignments outside NSRR ROW corridor • Virginia Beach passed referendum/resolution in support of light rail The ridership model is "home to work" and does not adjust for seasonal ridership. Ridership Modeling Activity Update New regional travel demand forecasting model developed by VDOT (early 2012) • Calibrated transit component with Bus and TIDE O&D surveys (August 2011 and April 2012) • Final calibrated model replicating observed boardings (November 2012) • Scheduled FTA review meeting (February 7, 2013) • Continue to examine ways to include resort/seasonal ridership potential in the model January 22, 2013 -11 - CITY COUNCIL'S BRIEFING VIRGINIA BEACH TRANSIT EXTENSION STUDY ITEM #62496(Continued) NSRR ROW • Completed environmental documentation for NSRR right-of-way (June 2012) • Provided additional support information to FTA (August 2012) • FTA final approval received (October 2012) • HRT / VB MOU regarding right-of-way pending signature The City requested HRT to add possible transit alignments through the Hilltop Strategic Growth Area in 2012. The FTA approved the request in October and HRT immediately began working on end -of -line alternatives. Hilltop SGA Altematives • City asked for and FTA approved the addition of Hilltop SGA Alternatives • Proposed alignments may resolve significant conflicts with Oceana • Study of feasible design alternatives underway January 22, 2013 -12 - CITY COUNCIL'S BRIEFING VIRGINIA BEACH TRANSIT EXTENSION STUDY ITEM #62496(Continued) Under the original VBTES alignment to the Oceanfront, the service would depart from the right-of-way (ROW) at Birdneck, travel down 17`x' Street , cut across to the Convention Center and 19"` Street and continue to the Oceanfront. This alignment cuts through two Navy Clear Zones and three (3) APZ 1 areas. This is a serious concern for the Navy. NSRR to Oceanfront The new proposed alignment through the Hilltop Strategic Growth Area to Birdneck Road would move the alignment out of the Clear Zones and most of APZ 1 areas. Two new stations could be developed in the Hilltop Area to increase ridership along the system. January 22, 2013 -13 - CITY COUNCIL'S BRIEFING VIRGINIA BEACH TRANSIT EXTENSION STUDY ITEM #62496(Continued) The new proposed alignment through the Hilltop SGA to First Colonial Road would move the alignment mostly out of the Clear Zones but would still travel through a sizable portion of an APZ 1 area. As with the Birdneck Road option, two new stations could be developed in the Hilltop Area to increase ridership along the system. Laskin Road to First Colonial The actual alignment of the fixed guide way system along Laskin Road is as important as the corridor itself. Proposed alignments include center/median running and side running (north, south, or split track). When looking at alignment options, HRT fully considered the proposed Hilltop SGA conceptual plans. Hilltop SGA / Laskin Road Alignments • Center/Median Running • Side Running • Both Tracks/Lanes on North Side • Both Tracks/Lanes on South Side • Split (one Track/Lane on North, one on South) January 22, 2013 -14 - CITY COUNCIL'S BRIEFING VIRGINIA BEACH TRANSIT EXTENSION STUDY ITEM #62496(Continued) Median running places the rail line in the center of Laskin Road. Areas where the line crosses median breaks would need to be gated. Pedestrians would cross traffic at crosswalks at signalized intersections to access transit stations. Pedestrian access in the middle of the road would be much easier, since they would only have to cross three lanes of traffic. Center/Median Running Most utilities are at the edge of the right-of-way and it would be considerably more expensive to have to relocate those utilities. Side Running is a challenge but HRT will analyze this alternative in the Study. January 22, 2013 -15 - CITY COUNCIL'S BRIEFING VIRGINIA BEACH TRANSIT EXTENSION STUDY ITEM #62496(Continued) Preliminary Ridership Forecasting • Modeling will identify potential increase in ridership through the Hilltop SGA over the NSRR alignment • Additional testing and analysis is underway The project status is broken into the four key milestones below: 2013 VBTES Public Meetings 1. Hilltop SGA Preliminary Analysis (February 2013) • Range of potential costs • Ridership potential • Utility and traffic potential impacts 2. VBTES Station/Stop Locations (April/May 2013) • Station area plans / station visuals • Potential Park -and -Ride locations 3. Screening of Final Project Alternatives (September 2013) • Differences between LRT and BRT and end of line options • Additional definition/updates to project costs • Ridership ranges 4. Tentative: Results of Environmental Analysis (November 2013) January 22, 2013 -16 - CITY COUNCIL'S BRIEFING VIRGINIA BEACH TRANSIT EXTENSION STUDY ITEM #62496(Continued) The shaded portion of the slide shows what has already been accomplished with this Study: Key Milestones CY 2011 CY 2012 CY 2013 CY 2014 1st 2nd 3rd 4th 1st I2nd 3rd 4th 1st 2nd 3rd 4th 1st 2nd 3rd 4th AA/DEIS (Started May 2009) Work Stopped on AA/DEIS I Collect Tide Ridership Ridership Model Improvement FTA Coordination Assessment of Hilltop Alignments AA/DEIS (Continued) FTA Review/Approval of AA/DEIS; AA/DEIS Public Comment Period LPA Decision by City Council LPA Submitted to the TPO FEIS/ Design on LPA Protect Steps — 2015 + • Complete FEIS • Complete Record of Decision (ROD) With Selection of Fixed Guideway Alignment and Mode • Final Design and FTA Ranking/Rating • Negotiate Full Funding Grant Agreement (FFGA) • Start Construction • Start System Operation January 22, 2013 -17 - CITY COUNCIL'S BRIEFING VIRGINIA BEACH TRANSIT EXTENSION STUDY ITEM #62496(Continued) Mayor Sessoms thanked Mr. Harrell and looks forward to receiving the next update. January 22, 2013 -18 - CITY MANAGER'S BRIEFING INVESTIGATION REVIEW PANEL ANNUAL REPORT 3:02P.M. ITEM #62497 Mayor Sessoms introduced and welcomed Regina Hillard, Director — Human Resources. City of Virginia Beach Investigation Review Panel OS L, The Investigation Reviesv Panel has the purpose of ensuring that reports and conclusions of the Police Department's Internal Affairs Office involving abuse of authority or serious misconduct are complete, accurate, and factually supported. January 22, 2013 -19 - CITY MANAGER'S BRIEFING INVESTIGATION REVIEW PANEL ANNUAL REPORT ITEM #62497(Continued) Total Backlog of Cases: 62 Cases to be heard by IRP: 40 Mrs. Hilliard recognized the IRP Members and introduced Robert Bracknell, Chair. New Panel appointed b}> Cita Council on August 28 2012 Members Alternates Novy Abrajano William Baldwin Barbara Booker -Williams William Hearst Robert Bracknell (Chair) Brian Dewan Susan Mayo (\%ice -Clair) January 22, 2013 -20 - CITY MANAGER'S BRIEFING INVESTIGATION REVIEW PANEL ANNUAL REPORT ITEM #62497(Continued) Mr. Bracknell advised the first Hearing occurred on November 5, 2012. The Panel is committed to addressing the backlog of cases expeditiously. ■ October S 2012 = First meeting of the IRP ■ October 29, 2012 - First hearing cancelled due to Tropical Storm Sandy ■ November 5, 2012 - First hearing occurred The Panel currently meets twice per month from 2-5 p.m. to conduct hearings. The IRP has completed eleven (11) cases with the outcomes identified below: mes Cases Completed: 11 Outcomes• 7 Concurred tivith the Police Department's findings 3 Found the Police Department's findings were not supported by the information reasonably available to the: department Case closed at the request of the complainant Three cases included recommendations for specific Police Department policy or procedure revisions. January 22, 2013 -21 - CITY MANAGER'S BRIEFING INVESTIGATION REVIEW PANEL ANNUAL REPORT ITEM #62497(Continued) +'Hearing dates scheduled through 2013 Anticipate completing backlog by September 30, 2013 Mr. Bracknell advised IRP has received two (2) new cases. New Cases Received: 2 + Appropriate for review - + Not appropriate for rec� January 22, 2013 -22 - CITY MANAGER'S BRIEFING INVESTIGATION REVIEW PANEL ANNUAL REPORT ITEM #62497(Continued) I'he IRP is committed to success: The Investigation Review Panel is highly functioning Staff (Human Resources, Police, City Attorney's Office) is dedicated * Policy and procedures are in place and being followed i 71�'i li L 1 OT 'Review anel Mayor Sessoms thanked Mr. Bracknell and all of the members of the IRP for their dedication. January 22, 2013 -23 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT 3:17P.M. ITEM #62498 Mayor Sessoms introduced and welcomed Patti Phillips, Director — Finance. CIT OF RGINI BE, ,H FY201 -2013 d ActuaFP Up January 22, 2013 -24 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62498(Continued) The General Fund has budged Revenue for the Fiscal Year of $969 -MILLION and Expenditures of $1, 034.8 -BILLION. Collected to date, the Revenues are $409.2 -MILLION and Expenditures are $536.2 - MILLION. FY 2013 General Fund Revenues and Expenditures Compared to Budget Thru December 31, 2012 (in millions) Annual YTD Budael Actual Variance Revenues Local (83.3% of budget) State (15.0% of budget) Federal ( 1.7% of budget) Total Revenues Expenditures City Operations School Operations Total Expenditures $ 807.8 $ 353.3 $ (454.5) 145.4 47.9 (97.5) 16.7 8.0 (8.7) $ 969.9 $ 409.2 $ (560.7) $ 629.8 $ 333.9 $ 295.9 405.0 202.3 202.7 $1,034.8 $ 536.2 $ 498.6 Less Amounts Funded from Fund Balance Encumbrances/Carryforwards at 6/30/12 $ 9.5 City and School Capital Projects 18.2 City and School Operating Budget 21.2 School Reversion 16.0 Adjusted Expenditures $ 969.9 Revenues do not come in equally. Revenues are at 42.2% of the estimated Revenues Budget. Pveent of Total Revenues 100% 80% 60% 40% 20% P( 2013 Year -To -Date General Fund Revenues Compared to Historic Trend at December 31, 2012 100.D% YTD ACTUAL = $409.2M ANNUAL BUDGET = $969.9M 42.2% 30.1% 26.5% 78.5% 45.2% 41.9% 55.4% 49.2% 5% 1.9% 4.1% 13.5% 9.0% 9.0% 14.2% 4.1% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Trend -r-% of FY13 Rev Budget January 22, 2013 -25 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62498(Continued) FY 2013 — General Fund Revenues Still need to collect 57.8% of revenues ▪ Total Revenue follows the trend line • Includes Tax Relief for Elderly & Disabled of $15.7M • Includes delinquents from prior years Several items are on a 1 - 2 month lag 4 Business License tax (BPOL) due in March 2013 - $42.4M ▪ 2nd Real Estate installment due June 5, 2013 ▪ Local Annual Personal Property tax due June 5, 2013 - $79.0M One of the most significant Revenues for the City is Real Estate which is at 51.5% of collections. Real Estate Revenues - General Fund Portion Only December 31, 2008 - 2012 FY2010 FY2011 FY2012 ®Actual Collections OYTO —e—%of Total *Total Citywide Budget of $474.3M January 22, 2013 3.55 Up from FY12 -26 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62498(Continued) 980 160 640 rc 120 60 Personal Property Taxes (excludes PPTRA) December 31, 2006 - 2012 973.1 967.5 968.1 22.5 15.2 9.67 4.4 957.8 22.4% 26.6% 15.3 -15.3 965.9 973.7 29.9% 27.9% 19.7 19.9 BUDGET 979.0 9.8% 15.6 FY 2007 FY2008 FY 2009 FY 2010 FY 2011 FY 2012 FY2013 eeee�AclualCollectiona YTD ••••..% of Total 50% 40% • 30% 0 20%`0 x 10% 0% General Sales Tax is up by 3.5%from this time last year. K 945 630 915 90 General Sales Taxes December 31, 2008 - 2012 951.4 950.3 44.0% 951.7 953.4 BUDGET 954.1 FY 2009 FY2011 FY2012 I_CM4o931331 Collections YTD +% of Total FY 2013 60% 40% 20% 0% % of Total collections January 22, 2013 -27 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62498(Continued) General Sales Taxes % Change from FY12 to FY13 (compares to same month of prior year) • Collections lag sales by 2 months .t0.Mont ly % Change from PY S25 120 115 e 910 te 95 90 Telecommunications Taxes December 31, 2008 - 2012 FY 2009 FY2011 FY2012 Actual Collections YTD —0—% of Total FY 2013 80% 60% C0% U 20% 0% 9 January 22, 2013 -28 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62498(Continued) The City continues to do well with this Tax which is a good sign that the Resort Area and hotels are doing well overall. $e $5 . $4 Hotel Room Taxes - General Fund Portion Only 7.8% Up from FY12 $5.2 December 31, 2008 - 2012 $5.2 $5.5 FY 2009 FY 2010 r Actual Collections oYTD •••••% of Total Total Hotel Room Taxes December 31, 2008 - 2012 7.3% Up from FY12 1 $25.6 BUDGET $24.9 78 $19.1 100% FY 2009 F7 2010 FY 2011 FY 2012 FY 2013 aActual Collections I.YTD -a.% of Total 12 January 22, 2013 -29 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62498(Continued) Hotel Room Taxes 8% Allocation (in millions) Total Hotel Room Tax FY13 Budget = $24.9M CBD TIF receives S500K annually from GF ($222K) and TIP ($278K) GF 2% ■ TAP 1%/$1 0 TIP 5% SB $1 Hotel Room Tax = 8% plus SI room nights Note: SB SSD has an additional 2 % % tax 13 The City continues to do well with this Tax and fully expects to make Budget. i estaurant Meat Taxes- Generat Fund Po December 31, 2008 - 2012 Y FY2009 FY 2070 FY 2011 FY2012 FY2013 L eAclu (Collections OYTD ••+••%of Total j January 22, 2013 -30 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62498(Continued) 160 145 130 115 10 Total Restaurant Meal Taxes December 31, 2008 - 2012 FY 2009 FY 2010 FY 2011 FY 2012 tttt• Actual Collections OYTD of Total) FY 2013 80% 60% 40% e 20% 0% (in millions) Total Restaurant Meal Tax FY13 Budget = $55.2M ®GF 3.5% ■ TAP 0.5% ❑TIP 1.06% • OS 0.44% January 22, 2013 553.5 $50.6 BUDGET $55.2 4/1/4 Up from FY12 148.3 548.4 3.3% 52.7% 51.7% 52.5% 527.7 $28.9 125.8 025.5 $26.1 FY 2009 FY 2010 FY 2011 FY 2012 tttt• Actual Collections OYTD of Total) FY 2013 80% 60% 40% e 20% 0% (in millions) Total Restaurant Meal Tax FY13 Budget = $55.2M ®GF 3.5% ■ TAP 0.5% ❑TIP 1.06% • OS 0.44% January 22, 2013 -31 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62498(Continued) December 31, 2012 (in millions) Budget FY2013 YID $ % Trend Real Estate Taxes Personal Property Taxes Pers. Prop. Tax Relief Act General Sales Tax Utility Taxes Telecommunications Taxes Business Licenses Hotel Taxes Restaurant Taxes Medicaid Cost Allocations/Other Funds Charges for Services Other Local Revenues State Revenues Federal Revenues $ 439.0 $ 225.9 51.5 79.0 15.6 19.8 53.4 6.5 12.2 54.1 23.9 44.2 25.7 10.9 42.4 19.3 6.5 33.7 42.4 1.4 3.2 5.6 4.5 79.0 35.1 18.4 52.4 20.5 8.1 39.5 14.2 5.5 38.9 19.7 10.3 52.3 53.2 22.3 41.9 92.0 41.4 45.0 ** 16.7 8.0 47.8 $ 969.9 $ 409.2 42.2 % F U A F U U F F F A A A F U U F "GF portion only ** % does not include PP1RA portion F=Favorable A=Acceptable U=Unfavorable • Total at December 31, 2012: • $536.2M, or 51.8%, of $1.035M Budget • Summary of Actual Expenditures Under Budget at June 30: inions) Ota °la ofTotal Budget Ci ;udget Dols 2008 (Actual) $55.5 5.1% $20.2 2.8% $35.3 2009 (Actual) $39.6 3.5% $24.7 3.2% $14.9 2010 (Actual) $45.3 4.1% $27.6 3.6% $17.7 2011 (Actual) $32.1 3.1% $22.4 3.2% $9.7 2012 (Actual) $31.1 3.1% $15.1 2.4% $16.0 January 22, 2013 -32 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62498(Continued) eneral Fund FY 2013 Expenditures by Type Annual 'STD Actual Budget Expenditures Unencumbered Salaries Fringe Benefits Operating Epenses Capital Outlay Leases, Land Structures and Improvements Debt Service Transfers to Schools Transfers to CIP Transfers to Waste Management Transfers to Sheriff Transfers to Parks and Rec Transfers to Other Areas Reserve for Contingencies Total Expenditures by Type Percent of Total $ 241,536,798 $ 119,604,994 $ 121,931,804 99,500,858 43,616,027 55,884,831 156,807,410 101,064,978 55,742,432 7,562,664 6385,462 1,177,202 5,056,037 2,431,264 2,624,773 48,083,117 25,616,495 22,466,622 404,990,906 202,245,453 202,745,453 29,496,451 14,748,224 14,748,227 14,749,178 7374,589 7,374,589 14,896,783 7,448,392 7,448,391 5,539,080 2,769,915 2,769,165 4,196,809 2,829,730 1,367,079 2,365,734 - 2,365,734 $ 1,034,781,825 0 536,135,523 $ 498,646,302 100.0% 51.8% 48.2% Percent of Total E PendfWrea 100% 80% 60% 40% FY 2013 Year -To -Date General Fund Expenditures Compared to Historic Trend at December 31, 2012 YTD ACTUAL = $536.2M ANNUAL BUDGET = $1,034.8M b 36.1 "., 30% -- 0% Jul 26.1% 10.6% 18.2%. Aug Sep Oct Nov Dec —e—Eup,nditu re Trend ...on% of FV13 Exp Budget Jan Feb Mar Apr May Jun January 22, 2013 -33 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62498(Continued) 100% 80% g 60% 40% 2O% O% �sh> Jul Aug Sep Oct Nov r Dee Jan Feb Mar 2013 YTD General Fund Revenues & Expenditures Compared to Historic. Trend At December 31, 2012 ACTUAL REVENUES = $4O9.2M Apr -a-% of FY13 Rev Budget --e-Expenditure Trend of FYl3 Exp Budget -. 4 Continue to monitor revenues in FY13 • Real Estate — June due date » Business License — March due date • Personal Property — April/May info, June due date January Interim — February 26th J- Proposed FY14 Budget presented — March 26th Mayor Sessoms thanked Ms. Phillips and her entire team for their work. January 22, 2013 -34 - CITY COUNCIL COMMENTS 3:31 P.M. ITEM #62499 Councilman Dyer advised a Public Meeting is scheduled tomorrow at 5:00 P.M, Tallwood High School regarding the proposed intersection changes at Kempsville and Indian River Roads. ITEM #62500 Councilman DeSteph advised the Virginia Aquarium received the 2012 Lonely Planet Award. Also, the Bikeways and Trails Committee reports the hope is the west side of Shore Drive will be open in the next 30 to 60 days. ITEM #62501 Councilman Moss requested City Council discuss the Regional Sports Authority. Also, Councilman Moss would like an update relative to the legislation proposing to spread the 2% pay raise for teachers to all school employees. ITEM #62502 Mayor Sessoms advised he met with Mac Rawls and discussed the sale proposal for the Cavalier Hotel. Mr. Rawls may establish a Subcommittee of the Historical Preservation Commission in hopes the City can do everything possible to make sure the Hotel is preserved as it is a vital part of the City's history. January 22, 2013 -35 - AGENDA REVIEW SESSION 3:37P.M. ITEM #62503 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 5-527 of the City Code re penalties for dangerous animals 2. Ordinances to AUTHORIZE and DIRECT the City Manger to EXECUTE: a. Leases at the Farmers Market (1) (2) (3) (4) (5) (6) (7) (8) The Nesting Box Chapman 's Flowers & Gifts Holland Produce Creekmore 's Place Kempsville Florist & Gift Shop The Country Butcher S&H Produce Virginia Garden, Inc. b. Lease with the Virginia Wild Horse Rescue at 2865 Indian River Road 3. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same: a. 1536, 1540 and 1556 Ohio Avenue to Ocean Bay Homes (DISTRICT 6 — BEACH) b. 254 Roselynn Lane to Millard F. and Audrey A. Jent (DISTRICT 6 — BEACH) 4. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Sidney G. Lawrence and Karen A. Burch at 1845 North Muddy Creek Drive 5. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. Deed of Release and Exchange re an Agricultural Land Preservation (ARP) Easement at Dawley Farms, LLC b. Intergovernmental Agreement between the City and the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program (ARP) easements 6. Ordinance to AUTHORIZE the dedication of a conservation easement at Pleasure House Point, Parcel 3 7. Ordinance to ESTABLISH the Thalia Creek Greenway Trail ("the Greenway"), ACCEPT and APPROPRIATE Grant Funding from the Federal Highway Administration and TRANSFER funds to the project January 22, 2013 -36- A GENDA REVIEW SESSION ITEM #62503 (Continued) 8. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT additional streets and corrections to the Road Inventory for Urban Maintenance payments 9. Ordinance to APPROPRIATE $33, 769 from the Oyster Heritage Trust Fund to Planning and Community Development to continue the pilot Oyster Shell Education and Recycling program and initiate an annual survey of oyster populations on sanctuary reefs in the Lynnhaven River Watershed 10. Ordinance to APPROPRIATE $318,000 to Public Utilities and TRANSFER $32,000 from the Water and Sewer Fund Regular Reserve for Contingencies re partial payment for the purchase of a replacement sewer vacuum truck Councilman DeSteph shall ABSTAIN on Item #4 Councilman Moss shall vote a verbal NAY on Item #4 January 22, 2013 -37 - AGENDA REVIEW SESSION ITEM #62503 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K PLANNING 1. Application of SALEM WOODS CIVIC ASSOCIATION for a Variance to §4.5 of the Subdivision Ordinance which requires public sites and open spaces for residential subdivisions at 4609 Rothwell Court DISTRICT 4 - BAYSIDE 2. Application of the SURF BEACH CLUB, INC. for alteration to a non -conforming use to replace existing cabana structures at 5704 Ocean Front Avenue DISTRICT 5 - LYNNHAVEN 3. Application of CHRISTINE WERNE/PEMBROKE OFFICE PARK, L.P. for a Conditional Use Permit re a technical/vocational school (School of Esthetics) at 289 Independence Blvd DISTRICT 4 — BAYSIDE 4. Application of OCEAN HORIZON PROPERTIES, L.C. Conditional Use Permit for a commercial valet parking lot at 209 20" Street DISTRICT 6 - BEACH 5. Application of MPB, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional 0-2 Office re a three story office structure at Princess Anne Road and Elson Green Avenue (deferred November 13, December 4 and December 11, 2012) DISTRICT 7 - PRINCESS ANNE 6. Application of WILLIAM McCARTHY Change of Zoning from AG -2 Agricultural to Conditional B-2 Community Business re development of a hair care center and retail shops at 3004 Holland Road DISTRICT 7 - PRINCESS ANNE Item #2 shall be DEFERRED to February 12, 2013 Item #5 shall be DEFERRED to February 12, 2013 January 22, 2013 -38- ITEM#62504 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Bayside District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). Daisy MacBride v. City of Virginia Beach, et al Virginia Beach Landfill Phase I Capping Project Cost Allocation January 22, 2013 -39 - ITEM# 62504(Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 3:50 P.M. Voting: 8-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis stepped out John E. Uhrin family vacation Rosemary Wilson husband ill in New York City (Closed Session (Break 3:50 P.M. - 5:08 P.M.) 4:35 P.M. 4:40 P.M.) January 22, 2013 -40 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 22, 2013 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, January 22, 2013, 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, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Absent: John E. Uhrin Rosemary Wilson INVOCATION: Reverend Lee Siebert Pastor, Community United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. January 22, 2013 -41- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. January 22, 2013 Item -VI-E CERTIFICATION -42- ITEM #62505 Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #62504 Page 39, 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. th Hodges Fraser, MMC City Clerk January 22, 2013 Item -VI -F.1 MINUTES -43- ITEM #62506 Upon motion by Councilman Dyer, seconded by Council Lady Ross -Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 8, 2013. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 -44 - ITEM —VI -H MAYOR'S PRESENTATION ITEM #62507 PROCLAMATION: VIRGINIA BEACH MUSTANGS DAY Mayor Sessoms recognized the Virginia Beach Mustangs and presented the youth football team with a Proclamation to extend congratulations to the Virginia Beach Mustang players and parents recognizing the accomplishments made by teamwork, talent and skill. January 22, 2013 p- 1A�BE ;• OF ou 'ry AT\O vv_ � ruchtrnaffn Whereas: In 2001, in their first season of Pop Warner football, the Virginia Beach Mustangs won the Division I Junior Midget National Championship on Decem&er 8, 2001, completing a 14-0 season in which they outscored opponents and recorded nine shutouts; and Whereas: In 2012, Vie Virginia Beach Mustangs have once again won the Bop Warner Super Bow4 and Whereas: One of the oldest youth football organizations in the country, Top Warner fiords its national championships at 'Wart Disney 'World and has working relationships with the National Foot6allLeague and numerous corporate giants; and Whereas: Virginia Beach Mustangs' organization is composed of 12 teams and 275 prayers between the ages of 5 and 14; and Whereas: Ninety-nine percent of these children are `(Virginia Beach res -idents; and Whereas: The organization was founded in 2001 6y Sid Bead who has coached in 'Virginia Beach for 48 years; and Whereas: The 'Virginia Beach Mustangs alumni include Percy .7-farvin from the Minnesota Vikings;; Scott McGee from the Jacksonville Jaguars; Bu66a Jenkins from the .NCAA Wrestling Championships Trenton 7fughes from the 'University of Maryland and the Miami Dolphins; and 65 college foot6allplayers. Now, Therefore 1, William D. Sessoms, Jr., Mayor of the City of Virginia Beach, Virginia do hereby proclaim: January 22, 2013 Virginia Beach Mustangs may In Virginia Beach, and call upon all citizens to e. tendtheircongratulations to the' Virginia Beach Mustang prayers, coaches, and parents and to recognize the accomplishments made 5y teamwork talent anzdskill In Witness Whereof, I have hereunto set my hand and caused the Official. Sear of the City of Virginia Beach, 'Virginia to 6e affvedthis Twelfth day of January, Two 'Thousand Thirteen. William D. Sessoms Jr. Mayor -45 - ADOPT AGENDA FOR FORMAL SESSION ITEM #62508 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 22, 2013 -46 - Item -VI-I.1 PUBLIC HEARINGS ITEM #62509 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASES OF CITY -OWNED PROPERTY a. Farmers Market (1) The Nesting Box (2) Chapman's Flowers & Gifts (3) Holland Produce (4) Creekmore's Place (5) Kempsville Florist & Gift Shop, Inc. (6) The Country Butcher (7) S & H Produce (8) Virginia Garden, Inc. b. Virginia Wild Horse Rescue at 2865 Indian River Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. January 22, 2013 -47 - Item -VI-L2 PUBLIC HEARINGS ITEM #62510 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY -OWNED PROPERTY a. 1536, 1540 and 1556 Ohio Avenue b. 254 Roselynn Lane There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. January 22, 2013 -48 - Item -VI-I.3 PUBLIC HEARINGS ITEM #62511 Mayor Sessoms DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT (ARP) a. 1845 North Muddy Creek Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. January 22, 2013 -49 - Item —VI -J ORDINANCES/RESOLUTIONS ITEM #62512 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items 1, 2a/b, 3a/b, 4 (DeSTEPH ABSTAINING & MOSS VERBAL NAY), 5a/b, 6, 7, 8, 9 and l0. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 -50 - Item -VI -J.1 ORDINANCES/RESOLUTIONS ITEM #62513 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 5-527 of the City Code re penalties for dangerous animals. Voting. 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 1 AN ORDINANCE TO AMEND SECTION 5-527 2 OF THE CITY CODE PERTAINING TO 3 PENALTIES FOR DANGEROUS ANIMALS 4 5 SECTION AMENDED: § 5-527 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Sections 5-527 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 5-527. - Penalty. 13 (a) The owner of any animal that has been found to be a dangerous dog who willfully 14 fails to comply with the requirements of this section division is guilty of a class 1 15 misdemeanor. 16 (b) Any owner or custodian of a canine or canine crossbreed or other animal is guilty of 17 a: 18 (1) Class 2 misdemeanor if the canine or canine crossbreed previously declared a 19 dangerous dog pursuant to this eection division, when such declaration arose 20 out of a separate and distinct incident, attacks and injures or kills a cat or dog 21 that is a companion animal belonging to another person; or 22 (2) Class 1 misdemeanor if the canine or canine crossbreed previously declared a 23 dangerous dog pursuant to this section division, when such declaration arose 24 out of a separate and distinct incident, bites a human being or attacks a 25 human being causing bodily injury. 26 27 28 the acts complained of, was responding to pain or injury, or was protecting itself, its 29 is a police dog that is engaged in the performance of its duties at the time of the attack. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of January , 2013. APPROVED AS TO CONTENT: Police Department CA12499 R-2 January 11, 2013 APPROVED AS TO LEGAL SUFFICIENCY: -51 - Item -VI -J.2 ORDINANCES/RESOLUTIONS ITEM #62514 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE and DIRECT the City Manger to EXECUTE: a. Leases at the Farmers Market (1) The Nesting Box (2) Chapman 's Flowers & Gifts (3) Holland Produce (4) Creekmore's Place (5) Kempsville Florist & Gift Shop, Inc. (6) The Country Butcher (7) S&H Produce (8) Virginia Garden, Inc. b. Lease with the Virginia Wild Horse Rescue at 2865 Indian River Road Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 YEARS OR LESS WITH FLS CORPORATION (T/A 4 THE NESTING BOX) FOR CITY -OWNED 5 PROPERTY KNOWN AS SPACES #1 AND #2 IN 6 THE VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 9 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 10 Road in Virginia Beach, Virginia (the "Property"); 11 12 WHEREAS, FLS Corporation (t/a The Nesting Box) ("The Nesting Box") is an 13 existing tenant and would like to enter into a new lease with the City for spaces #1 and 14 #2 in the Property (the "Premises"); 15 16 WHEREAS, the Premises will be utilized as a retail establishment of birdhouses, 17 bird feed, gifts and related items and for no other purpose; 18 19 WHEREAS, The Nesting Box has agreed to pay the City $621.55 per month 20 ($7,458.60 per year) for the use of the Premises for the first year of the term, with 21 annual rent increases of 5% beginning February 1, 2014; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of up to 27 five (5) years between FLS Corporation (t/a The Nesting Box) and the City, for the 28 Premises in accordance with the Summary of Terms attached hereto, and such other 29 terms, conditions or modifications as may be acceptable to the City Manager and in a 30 form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of 33 January 2013. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM itia4 l a/ ittui JircZ City Attorney Public Wor /Facilities Management CA 12418 vbaov.com\DFS I \ Applications \CitylawProd\cycom32\ Wpdocs\D028\P016\00051612.DOC R-1 January 11, 2013 SUMMARY OF TERMS LEASE FOR SPACES #1 AND #2 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: FLS Corporation (t/a The Nesting Box) PREMISES: Spaces #1 and #2 TERM: Initial Term — 3 Years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: Base Rent of $621.55 per month ($7,458.60 per year), escalating 5% annually beginning February 1, 2014. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the retail sale of birdhouses, bird feed, gifts and related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water, sewer and electrical service. TERMINATION: • City may terminate for any reason by providing Lessee ninety (90) days' written notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D028\P016\00051613. DOC THE NESTING BOX CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 1 & 2, in Building 5, consisting of approximately 620 square feet 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 YEARS OR LESS WITH CHAPMAN'S FLOWERS, 4 INC. (D/B/A CHAPMAN'S FLOWERS & GIFTS AT 5 THE FARMER'S MARKET) FOR CITY -OWNED 6 PROPERTY KNOWN AS SPACES #3 AND #4 IN 7 THE VIRGINIA BEACH FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 10 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 11 Road in Virginia Beach, Virginia (the "Property"); 12 13 WHEREAS, Chapman's Flowers, Inc. (d/b/a Chapman's Flowers & Gifts at the 14 Farmer's Market) ("Chapman's Flowers") is an existing tenant and would like to enter 15 into a new lease with the City for Spaces #3 and #4 in the Property (the "Premises"); 16 17 WHEREAS, the Premises will be utilized for the retail sale of specialty gifts and 18 related items, and for no other purpose; 19 20 WHEREAS, Chapman's Flowers has agreed to pay the City $685.62 per month 21 ($8,227.40 per year) for the use of the Premises for the first three (3) years of the term, 22 with annual rent increases equal to 5% beginning February 1, 2016; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term of up to 28 five (5) years between Chapman's Flowers, Inc. (d/b/a Chapman's Flowers & Gifts at 29 the Farmer's Market) and the City, for the Premises in accordance with the Summary of 30 Terms attached hereto, and such other terms, conditions or modifications as may be 31 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of 34 January 2013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM &iaa (1411 I/Dvv 6:‘21/1r City Attorney Public W s / Facily'tfes Management APPROVED AS TO CONTENT CA 12419 ,,vbgov.com\DFS 1\Applications\CityLawProd\cycom32\ Wpdocs\D003iP016\00052009. DOC R-1 January 11, 2013 SUMMARY OF TERMS LEASE FOR SPACES #3 AND #4 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: PREMISES: Spaces #3 and #4 TERM: Initial Term — 3 years: February 1, Option Term 1 — February 1, 2016 Option Term 2 — February 1, 2017 Chapman's Flowers, Inc. (d/b/a Chapman's Flowers & Gifts at the Farmer's Market) RENT: $685.62 per month ($8,227.40 per beginning February 1, 2016. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the retail sale of specialty gifts and related items, and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not Tess than $1,000,000 combined single limits per occurrence. 2013 — January 31, 2016 — January 31, 2017 — January 31, 2018 year), escalating 5% annually RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water, sewer and electrical service. TERMINATION: • City may terminate for any reason by providing Lessee ninety (90) days' notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D003\P016\00052010. DOC CHAPMAN'S FLOWERS CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 3 & 4, in Building 5, consisting of approximately 620 square feet 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 YEARS OR LESS WITH JESSE B. SPRY (T/A 4 HOLLAND PRODUCE) FOR CITY -OWNED 5 PROPERTY KNOWN AS SPACES #5 AND #6 IN 6 THE VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 9 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 10 Road in Virginia Beach, Virginia (the "Property"); 11 12 WHEREAS, Jesse B. Spry (t/a Holland Produce) ("Holland Produce") is an 13 existing tenant and would like to enter into a new lease with the City for spaces #5 and 14 #6 in the Property (the "Premises"); 15 16 WHEREAS, the Premises will be utilized as a retail establishment of produce, 17 and related items and for no other purpose; 18 19 WHEREAS, Holland Produce has agreed to pay the City $516.13 per month 20 ($6,193.60 per year) for the use of the Premises for the first year of the term, with 21 annual rent increases equal to 5% beginning February 1, 2014; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of up to 27 five (5) years between Jesse B. Spry (t/a Holland Produce) and the City, for the 28 Premises in accordance with the Summary of Terms attached hereto, and such other 29 terms, conditions or modifications as may be acceptable to the City Manager and in a 30 form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of 33 January 2013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM LUtIi -.021. City Attorne CA12420 \vbgov.com\DFS 1 \Applications\CityLaw Prod\cycom32\ Wpdocs\D003\P016\00052036.DOC R-1 January 11, 2013 APPROVED AS TO CONTENT ze PublicWo s / Facilities Management SUMMARY OF TERMS LEASE FOR SPACES #5 AND #6 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Jesse B. Spry (t/a Holland Produce) PREMISES: Spaces #5 and #6 TERM: Initial Term — 3 Years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: Base Rent of $516.13 per month ($6,193.60 per year), escalating 5% annually beginning February 1, 2014. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space as a retail establishment of produce, and related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not Tess than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water, sewer and electrical service. TERMINATION: • City may terminate for any reason by providing Lessee ninety (90) days' notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D003\P016\00052037. DOC HOLLAND PRODUCE CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 5 & 6, in Building 6, consisting of approximately 980 square feet 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE LEASE FOR FIVE (5) 3 YEARS OR LESS WITH ELSIE V. CREEKMORE 4 (T/A CREEKMORE'S PLACE) FOR CITY-OWNED 5 PROPERTY KNOWN AS SPACES #7 AND #8 IN 6 THE VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 9 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 10 Road in Virginia Beach, Virginia (the "Property"); 11 12 WHEREAS, Elsie V. Creekmore (t/a Creekmore's Place) ("Creekmore's") would 13 like to enter into a new lease with the City for spaces #7 and #8 in the Property (the 14 "Premises"); 15 16 WHEREAS, the Premises will be utilized as a retail establishment selling 17 produce, flowers, sodas, canned preserves, gifts and related items and for no other 18 purpose; 19 20 WHEREAS, Creekmore's has agreed to pay the City $570.03 per month 21 ($6,840.40 per year) for the use of the Premises for the first two (2) years of the term, 22 with annual rent increases of 5% beginning February 1, 2015; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term of up to 28 five (5) years between Elsie V. Creekmore (t/a Creekmore's Place) and the City, for the 29 Premises in accordance with the Summary of Terms attached hereto, and such other 30 terms, conditions or modifications as may be acceptable to the City Manager and in a 31 form deemed satisfactory by the City Attorney. 32 22nd 33 Janua Adopted by the Council of the City of Virginia Beach, Virginia on the day of ry 34 , 2013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM ti City Attorne CA12421 IA/dwlCc�v vbgov.com\DFS I \Applications\CityLawProd\cycom32\ Wpdocs\D003\P016\00052047. DOC R-1 January 11, 2013 APPROVED AS TO CONTENT Public Wo s/FacilitieiMana9 ement SUMMARY OF TERMS LEASE FOR SPACES #7 AND #8 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Elsie V. Creekmore (t/a Creekmore's Place) PREMISES: Spaces #7 and #8 TERM: Initial Term — 3 years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: Base Rent of $570.03 per month ($6,840.40 per year), escalating 5% annually beginning February 1, 2015. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the sale of produce, flowers, sodas, canned preserves, gifts and related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water, sewer and electrical service. TERMINATION: • City may terminate for any reason by providing Lessee ninety (90) days' notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. vbgov.com\DFS I v Applications VCityLawProd\cycom32\ WpdocsVD003\P016V00052045.DOC CREEKMORE'S PLACE CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 7 & 8, in Building 6, consisting of approximately 980 square feet 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 YEARS OR LESS WITH KEMPSVILLE FLORIST & 4 GIFT SHOP, INC. FOR SPACE #11 IN THE 5 VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 8 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 9 Road in Virginia Beach, Virginia (the "Property"); 10 11 WHEREAS, Kempsville Florist & Gift Shop, Inc. ("Kempsville Florist") is an 12 existing tenant and would like to enter into a new lease with the City for Space #11 in 13 the Farmers Market (the "Premises"); 14 15 WHEREAS, the Premises will be utilized for the sale of flowers, plants, gifts and 16 related items, and for no other purpose; 17 18 WHEREAS, Kempsville Florist has agreed to pay the City $758.40 per month 19 ($9,100.80 per year) for the use of the Premises for the first year of the term, with 20 annual rent increases equal to 5% beginning March 1, 2014; 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term of up to 26 five (5) years between Kempsville Florist & Gift Shop, Inc. and the City for the Premises 27 in accordance with the Summary of Terms attached hereto, and such other terms, 28 conditions or modifications as may be acceptable to the City Manager and in a form 29 deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of 32 January 2013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney CA12422 vbgov.com\DFS I \ Applications \CityLawProd \cycom32\ Wpdocs\D003\P016\00052064.DOC R-1 January 11, 2013 APPROVED AS TO CONTENT i�rclt Public Wo / Facilities Management SUMMARY OF TERMS LEASE FOR SPACE #11 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Kempsville Florist & Gift Shop, Inc. PREMISES: Space #11 TERM: Initial Term — 3 Years: March 1, 2013 — February 29, 2016 Option Term 1 — March 1, 2016 — February 28, 2017 Option Term 2 — March 1, 2017 — February 28, 2018 RENT: Base Rent of $758.40 per month ($9,100.80 per year), escalating 5% annually beginning March 1, 2014. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the sale of flowers, plants, gifts and related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Maintain separately metered electrical services through direct account with Dominion Virginia Power. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not Tess than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. TERMINATION: • City may terminate lease for any reason by providing Lessee ninety (90) days' written notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D003\P016\00052066.DOC KEMPSVILLE FLORIST CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 11, in Building 2, consisting of approximately 960 square feet 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR 3 FIVE (5) YEARS OR LESS WITH JOHNNY 4 HARDISON (T/A THE COUNTRY BUTCHER) 5 FOR CITY -OWNED PROPERTY KNOWN AS 6 SPACE #12 IN THE VIRGINIA BEACH 7 FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the"City) is the owner of the Virginia 10 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 11 Road in Virginia Beach, Virginia (the"Property); 12 13 WHEREAS, Johnny Hardison (t/a The Country Butcher) (Country Butches') is an 14 existing tenant and would like to enter into a lease with the City for space #12 in the 15 Property (the "Premise); 16 17 WHEREAS, the Premises will be utilized as a butcher shop serving fresh meats, 18 and related items and for no other purpose; 19 20 WHEREAS, Country Butcher has agreed to pay the City $719.90 per month 21 ($8,638.80 per year) for the use of the Premises for the first year of the term, with 22 annual rent increases of 5% beginning February 1, 2014; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term of up to 28 five (5) years between Johnny Hardison (t/a The Country Butcher) and the City, for the 29 Premises in accordance with the Summary of Terms attached hereto and made a part 30 hereof, and such other terms, conditions or modifications as may be acceptable to the 31 City Manager and in a form deemed satisfactory by the City Attorney. 32 22nd 33 JanuaAdopted by the Council of the City of Virginia Beach, Virginia on the day of ry 34 , 2013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM kl4 (Md -1,0,1/ City Attorney CA12423 •Uvbgov.com\DFS l \Applications\CityLawProdlcycom32\ W pdocs\D003\P016\00052070. DOC R-1 January 11, 2013 APPROVED AS TO CONTENT Public Wor s / Facilities Management SUMMARY OF TERMS LEASE FOR SPACE #12 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Johnny Hardison (t/a The Country Butcher) PREMISES: Space #12 TERM: Initial Term — 3 Years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: Base Rent of $719.90 per month ($8,638.80 per year), escalating 5% annually beginning February 1, 2014. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space as a butcher shop serving fresh meats, and related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Maintain separately metered electrical services through direct account with Dominion Virginia Power. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. TERMINATION: • City may terminate for any reason by providing Lessee ninety days' written notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D003\P016\00052072.DOC THE COUNTRY BUTCHER CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 12, in Building 2, consisting of approximately 939 square feet 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 YEARS OR LESS WITH JESSE B. SPRY (T/A S&H 4 PRODUCE) FOR CITY -OWNED PROPERTY 5 KNOWN AS SPACE #13 IN THE VIRGINIA BEACH 6 FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the"CitY) is the owner of the Virginia 9 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 10 Road in Virginia Beach, Virginia (the"PropertY); 11 12 WHEREAS, Jesse B. Spry (t/a S&H Produce) (S&H Producd) is an existing 13 tenant and would like to enter into a new lease with the City for space #13 in the 14 Property (the"Premise); 15 16 WHEREAS, the Premises will be utilized as a retail establishment of produce, 17 and other related items and for no other purpose; 18 19 WHEREAS, S&H Produce has agreed to pay the City $516 per month ($6,192 20 per year) for the use of the Premises for the first year of the term, with annual rent 21 increases equal to 5% beginning February 1, 2014; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of up to 27 five (5) years between Jesse B. Spry (t/a S&H Produce) and the City, for the Premises 28 in accordance with the Summary of Terms attached hereto, and such other terms, 29 conditions or modifications as may be acceptable to the City Manager and in a form 30 deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of 33 January 2013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM lati City Attorney CA12424 314/1,11,614 vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D003\P016\00052102 DOC R-1 January 11, 2013 APPROVED AS TO CONTENT Public W rks /Fac' ies Management SUMMARY OF TERMS LEASE FOR SPACE #13 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Jesse B. Spry (t/a S&H Produce) PREMISES: Space #13 TERM: Initial Term — 3 years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: Base Rate of $516 per month ($6,192 per year), escalating 5% annually beginning February 1, 2014. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space as a retail establishment of produce, and other related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water, sewer and electrical service. TERMINATION: • City may terminate for any reason by providing Lessee ninety (90) days' written notice. • City also has special right to terminate for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D003\P016\00052103. DOC S & H PRODUCE CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 13, in Building 3, consisting of approximately 960 square feet 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR 3 FIVE (5) YEARS OR LESS WITH VIRGINIA 4 GARDEN, INC. FOR SPACES #23, #24 AND 5 #27 IN THE VIRGINIA BEACH FARMERS 6 MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 9 Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck 10 Road in Virginia Beach, Virginia (the "Property"); 11 12 WHEREAS, Virginia Garden, Inc. ("Virginia Garden") is an existing tenant and 13 would like to enter into a new lease with the City for spaces #23, #24 and #27 in the 14 Property (the "Premises"); 15 16 WHEREAS, the Premises will be utilized as a retail establishment for the sale of 17 organic produce, groceries, and related items and for no other purpose; 18 19 WHEREAS, Virginia Garden has agreed to pay the City $817.20 per month 20 ($9,806.40 per year) for the use of the Premises for the first year of the term, with 21 annual rent increases equal to 5% beginning February 1, 2014; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of up to 27 five (5) years between Virginia Garden, Inc. and the City, for the Premises in 28 accordance with the Summary of Terms attached hereto, and such other terms, 29 conditions or modifications as may be acceptable to the City Manager and in a form 30 deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of 33 January , 2013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM � G- it&i,414/ City Attorney CA12425 \vbeov.com\DFS I \Applications\CityLawProd\cycom32\ Wpdocs\D003\P016\00052134. DOC R-1 January 3, 2013 APPROVED AS TO CONTENT Public W s / Facili 'es Management LESSOR: LESSEE: PREMISES: TERM: SUMMARY OF TERMS LEASE FOR SPACES #23, #24 AND #27 AT THE VIRGINIA BEACH FARMERS MARKET City of Virginia Beach Virginia Garden, Inc. Spaces #23, #24 and #27 Initial Term — 3 Years: February 1, 2013 — January 31, 2016 Option Term 1 — February 1, 2016 — January 31, 2017 Option Term 2 — February 1, 2017 — January 31, 2018 RENT: Base Rent of $817.20 per month ($9,806.40 per year), escalating 5% annually beginning February 1, 2014. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for a retail establishment for the sale of organic produce, groceries, and related items and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not Tess than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water, sewer and electrical service. TERMINATION: • City may terminate for any reason by providing Lessee ninety (90) days' written notice. • City also has special right to terminate or any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D003\P016\00052136.DOC VIRGINIA GARDEN CITY -OWNED PROPERTY TO BE LEASED TO TENANT Space Number 23, 24 & 27, in Building 7, consisting of approximately 1440 square feet w 0+ o-loJ Dc 3 3fDt Z Vl N • fD • alx O ssr 0$ 0. 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A LEASE AGREEMENT 3 FOR A PORTION OF CITY PROPERTY LOCATED 4 AT 2865 INDIAN RIVER ROAD (GPIN: 1493-21- 5 8107) TO VIRGINIA WILD HORSE RESCUE FOR 6 USE AS A HORSE RESCUE PRESERVE 7 8 WHEREAS, as part of the APZ-1 Use and Acquisition Plan adopted 9 December 20, 2005, the City of Virginia Beach (the "City") acquired on November 10 23, 2011 a 792 -acre parcel of land located at 2865 Indian River Road (GPIN 11 1493-21-8107), from Rock Ministries, Inc. (the "City Property"); 12 13 WHEREAS, the City funded the acquisition of the City Property through a 14 partnership with the Commonwealth of Virginia (the "Commonwealth") pursuant 15 to the Oceana and Interfacility Traffic Area Conformity and Acquisition Program 16 and with Open Space funds; 17 18 WHEREAS, the City proposes to lease a 40 -acre portion of land on the 19 City Property, as shown on the location map attached as Exhibit "A" (the 20 "Premises"); 21 22 WHEREAS, Virginia Wild Horse Rescue desires to lease the Premises 23 from the City for a term of one (1) year, with four (4) one-year renewal options, 24 for $1.00 per year; and 25 26 WHEREAS, the Premises will only be utilized for the purpose of pasturing, 27 sheltering, and feeding wild horses. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for the term 33 of one (1) year, with four (4) one-year renewal options, between Virginia Wild 34 Horse Rescue and the City for the Premises in accordance with the Summary of 35 Terms attached hereto as Exhibit B, and made a part hereof, and such other 36 terms and conditions or modifications as may be acceptable to the City Manager 37 and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd 40 day of January , 2013 CA12390 R-1 \\vbgov. com\dfs l \applications\citylawprod\cycom32\wpdoc s\d028\p016\00051624. doc 12/28/12 APPROVED AS TO CONTENT: Public W Faciliti-s rks / Ma Parks recreation ment APPROVED A • EGAL SUFFICIEN M: City Attorney VIRGINIA RESCUE LEASE VIRGINIA WILD HORSE RESCUE LEASE EXHIBIT LEASE AREA: 40 ACRES FORMER ROCK CHURCH PARCEL 2865 INDIAN RIVER ROAD G P I N : 1493-21-8107 EXHIBIT "B" SUMMARY OF LEASE TERMS LESSOR: City of Virginia Beach LESSEE: Virginia Wild Horse Rescue PREMISES: Approximately 40 acres of City -owned property located on a portion of 2865 Indian River Road (GPIN: 1493-21-8107) TERM: RENT: February 1, 2013, through January 31, 2014, with 4 one-year renewal options $1.00/year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Leased premises will be utilized only for the purpose of pasturing, sheltering, and feeding of wild horses • Lessee will pay for all related services as necessary for the limited uses described above for the leased premises • Lessee will be responsible for the maintenance of the grounds and any approved site improvements of the leased premises — Lessee to maintain a minimum 75 - foot buffer around pond • Lessee will indemnify/hold harmless the City and maintain general liability insurance coverage as required • Lessee will coordinate property access and use issues with other property lease holders (i.e., farm lease) as required • Lessee will allow the City access to the leased premises as needed • Lessee will request approval from City/Parks and Natural Areas before any site improvements are undertaken — and should site improvements be approved, Lessee shall be responsible for all related expenses for same • Lessee will comply with all other terms and conditions of the final lease document • Lessee will not store any equipment, vehicles, or materials on leased premises in excess of 72 hours without prior approval by Lessor • Lessee will ensure that the wild horse herd not exceed 13 total horses without prior approval by Lessor • Lessee will not apply any chemicals or fertilizer to leased premises with prior approval by Lessor • Lessee will ensure that the wild horse herd remains within the confines of the leased premises at all times TERMINATION: The City may terminate the Lease with ninety (90) days' written notice prior to the date of termination. -52- Item-VI-J.3a/b ORDINANCES/RESOLUTIONS ITEM #62515 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same: a. 1536, 1540 and 1556 Ohio Avenue to Ocean Bay Homes (DISTRICT 6 — BEACH) b. 254 Roselynn Lane to Millard F. and Audrey A. Jent (DISTRICT 6 — BEACH) Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 1536, 1540 AND 1556 OHIO AVENUE 3 (GPINS: 2407-95-9203, 2407-95-8248, AND 2407-05- 4 6205) TO BE IN EXCESS OF THE CITY'S NEEDS 5 AND AUTHORIZING THE CITY MANAGER TO SELL 6 SAME TO OCEAN BAY HOMES, INC. 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 9 certain parcels of land located at 1536, 1540 and 1556 Ohio Avenue (collectively, the 10 "Properties"), more particularly described on Exhibit "A" attached hereto and made a 11 part hereof; 12 13 WHEREAS, the City acquired the Properties pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Properties through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Properties are in the midst of other residences and at the 21 time of acquisition were improved with residential duplex dwellings, which have since 22 been demolished; 23 24 WHEREAS, City Council has elected to allow the reconstruction of two 25 single-family homes on the Properties in order to maintain the integrity of the 26 neighborhood; 27 28 WHEREAS, a Request for Proposal ("RFP") was advertised for the 29 potential sale of the Properties; 30 31 WHEREAS, WPL Homes, LLC was one of the respondents to the RFP, 32 and WPL Homes, LLC has since determined that they wish to take title to the Properties 33 in the name of Ocean Bay Homes, Inc. ("Ocean Bay"); 34 35 WHEREAS, the APZ-1 Disposition Committee has recommended that City 36 Council declare the Properties to be in excess of the City's needs and sell the 37 Properties to Ocean Bay; 38 39 WHEREAS, Ocean Bay will build two new single-family homes on the 40 Properties to prescribed standards acceptable to the City, including elevated noise 41 attenuation and design criteria, and Ocean Bay Homes will thereafter convey the 42 improved Properties to an owner -occupant; 43 44 WHEREAS, Ocean Bay will purchase the Properties in accordance with 45 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 46 47 WHEREAS, the City Council is of the opinion that the Properties are in 48 excess of the needs of the City of Virginia Beach. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 51 OF VIRGINIA BEACH, VIRGINIA: 52 53 That the Properties located at 1536, 1540 and 1566 Ohio Avenue are 54 hereby declared to be in excess of the needs of the City of Virginia Beach and that the 55 City Manager is hereby authorized to execute any documents necessary to convey the 56 Properties to Ocean Bay Homes, Inc. in accordance with the Summary of Terms 57 attached hereto as Exhibit "B" and such other terms, conditions or modifications as may 58 be acceptable to the City Manager and in a form deemed satisfactory by the City 5 9 Attorney. 60 61 Further, that the revenue from the sale of the Property in the amount of 62 $160,000 shall be received, and fifty (50) percent of this amount shall be appropriated to 63 CIP #9-060, Oceana Interfacility Traffic Area Conformity and Acquisition, and fifty (50) 64 percent shall be deposited for future payment by the City Manager to refund the 65 Commonwealth's portion in accordance with the grant agreement. A manual 66 encumbrance will be established to ensure that the $80,000 retained by the City will 67 available for BRAC program acquisitions in future years per the agreement with the 68 Commonwealth. 69 70 This ordinance shall be effective from the date of its adoption. 71 72 22nd Adopted by the Council of the City of Virginia Beach, Virginia, on the 73 day of January , 2013. CA12407 R-1 APPROVED AS TO CONTENT Public Works 1- lam- 3 APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office APPROVED AS TO CONTENT '••BC:A.A Management Services EXHIBIT A LEGAL DESCRIPTIONS "Building Site 1": 1536 and 1540 Ohio Avenue (GPINs 2407-95-9203 and 2407-95- 8248) PARCEL ONE: GPIN 2407-95-9203 ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as the Southern 140 feet of Lot 9 in Block 10 on a plat of Oceana Gardens, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, Page 51. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by deed from Eleonore L. Swim, as surviving Trustee of the Richard O. Swim and Eleonore L. Swim Revocable Living Trust, dated August 18, 2010, and recorded in the aforesaid Clerk's Office as Instrument No. 20100901000913990. PARCEL TWO: GPIN 2407-95-8248 ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as the southern 140 feet of Lot 8, in Block 10, as shown on that certain plat entitled "PLAT OF OCEANA GARDENS", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3 at page 51. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by deed from Frank Day, dated November 20, 2009 and recorded in the aforesaid Clerk's Office as Instrument No. 20091120001346140. "Building Site 2": 1556 Ohio Avenue (GPIN 2407-95-6205) ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as the southern 125' of Lot 4 and the eastern 30 feet of the southern 125' of Lot 3, and the western 30' of the southern 125' of Lot 5, in Block 10 as shown on that certain plat entitled Plat of Oceana Gardens, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3 at page 51. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by deed from John J. Colwell, dated May 9, 2011 and recorded in the aforesaid Clerk's Office as Instrument No. 20110516000494550. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1536, 1540, AND 1566 OHIO AVENUE SELLER: City of Virginia Beach PURCHASER: Ocean Bay Homes, Inc, a Virginia corporation PROPERTY: Building Site 1: 1536 Ohio Avenue (GPIN 2407-95-9203) — 8,100 Square Feet 1540 Ohio Avenue (GPIN 2407-95-8248) — 8,100 Square Feet Building Site 2: 1556 Ohio Avenue (GPIN 2407-95-6205) - 14,885 Square Feet These properties shall be subdivided into two building sites. SALE PRICE: $80,000 for each building site. CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Seller shall convey the property subject to a deed restriction preventing Buyer, or ultimate owner -occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey each building site with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the properties to vacate interior lot lines. • Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. V000 XIII W000 co CO O tOMTt LO LO LO V' '- V" INDIANAAVE d m o O 10 U1 Al .>+ d i O O N O N SI .O N Z -C N N n O Q Z ._ X:\CADD\Projects\ARC Files\AGENDA MAPS\City Property\2407-95-6205,9203,8248\Ohio Ave.mxd Prepared by P.W./Eng./Eng. Support Services Bureau 01/14/2013 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 254 ROSELYNN 3 LANE (GPIN 2417-05-3781) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO MILLARD F. AND 7 AUDREY A. JENT 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 9,512 sq. ft. parcel of land located at 254 Roselynn Lane (the "Property") more 11 particularly described on Exhibit "A" attached hereto and made a part hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Property is in the midst of other residences and at the 21 time of acquisition was improved with a single-family home that has since been 22 demolished; 23 24 WHEREAS, Millard F. and Audrey A. Jent (the "Jents") own the adjacent 25 property and they have requested to purchase the Property in order to utilize it in a 26 manner compatible with the APZ-1 Ordinance; 27 28 WHEREAS, the Jents desire to purchase the Property in accordance with 29 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 30 31 WHEREAS, the APZ-1 Disposition Committee has recommended that City 32 Council declare the Property to be in excess of the City's needs and sell the Property to 33 the Jents; and 34 35 WHEREAS, the City Council is of the opinion that the property is in excess 36 of the needs of the City of Virginia Beach. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 41 That the Property located at 254 Roselynn Lane is hereby declared to 42 be in excess of the needs of the City of Virginia Beach and that the City Manager is 43 hereby authorized to execute any documents necessary to convey the Property to 44 Millard F. and Audrey A. Jent in accordance with the Summary of Terms attached 45 hereto as Exhibit "B" and such other terms, conditions or modifications as may be 46 acceptable to the City Manager and in a form deemed satisfactory by the City 4 7 Attorney. 48 49 Further, that revenue from the sale of the Property in the amount of 50 $9,512 shall be received and fifty (50) percent of this amount shall be appropriated to 51 CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50) 52 percent shall be deposited for future payment by the City Manager to refund the 53 Commonwealth's portion in accordance with the grant agreement. A manual 54 encumbrance will be established to ensure that the $4,756 retained by the City will be 55 available for BRAC program acquisitions in future years per the agreement with the 56 Commonwealth. 57 58 This ordinance shall be effective from the date of its adoption. 59 60 Adopted by the Council of the City of Virginia Beach, Virginia, on the 61 22nd day of January , 2013. CA12409 R-1 12/27/12 \\vbgov. com\dfs l \applications\citylawprod\cycom 32\wpdocs\d027\p015\00051468. doc APPROVED AS TO CONTENT Public Works I-- 1 l—i APPROVED AS TO LEGAL SUFFICIENCY City Attorney's 0 ice APPROVED AS TO CONTENT Management Services EXHIBIT "A" GPIN 2417-05-3781 (254 Roselynn Lane) ALL THOSE certain Tots, pieces or parcels of land, situated and being in Lynnhaven Borough, City of Virginia Beach, Virginia, known, numbered and designated as Lot Thirty- three (33) and the northern 25 feet of Lot Thirty-four on the plat of Hillcrest, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13 at page 8. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above-described property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed dated April 21, 2010 from Charles O. Tysor, III, (a/k/a Charles Otto Tysor, III) which deed was recorded in the aforesaid Clerk's Office as Instrument number 20100429000395180. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 254 ROSELYNN LANE Seller: City of Virginia Beach Buyers: Millard F. and Audrey A. Jent, husband and wife Property: 254 Roselynn Lane (GPIN: 2417-05-38781) consisting of 9,512 square feet of vacant land. Legal Description: See Exhibit "A" to Ordinance Sale Price: $9,512 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Buyers shall resubdivide the Property at their expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. X:\CADD\Projects\ARC Files\AGENDA MAPS\City Property\2417-05-3781\2417-05-3781.mxd Prepared by P.W./Eng./Eng. Support Services Bureau 01/14/2013 -53 - Item -VI -J.4 ORDINANCES/RESOLUTIONS ITEM #62516 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Sidney G. Lawrence and Karen A. Burch at 1845 North Muddy Creek Drive Voting: 8-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: John E. Uhrin Rosemary Wilson Council Members Abstaining.• William R. "Bill" DeSteph January 22, 2013 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $270,504 (PROPERTY OF SIDNEY G. LAWRENCE AND 6 KAREN A. BURCH) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 13 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 14 Installment Purchase Agreement) on certain property located in the City and more fully 15 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 16 $270,504; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 1.8% per annum or 35 the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 4.8% unless the approval of the City Council by resolution 38 duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 5. The City Council hereby transfers $270,504 from the Agricultural Reserve 62 Program Special Revenue Fund (161) to the General Debt Fund (302). 63 64 Adoption requires an affirmative vote of a majority of all members of the City 65 Council. 66 22nd 67 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 68 January , 2013. APPROVED AS TO CONTENT: Agriculture Department APPROVED AS TO CONTENT: Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: Director of Finance CA12427 kt /72 City Attorney's Office \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\DO11 \P015\00049813. DOC R-2 Date: January 15, 2013 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2010-124 SUMMARY OF TERMS SELLER: Sidney G. Lawrence and Karen A. Burch PROPERTY LOCATION: 1845 N. Muddy Creek Road PURCHASE PRICE: $270,504 EASEMENT AREA: 23.12 acres, more or less DEVELOPMENT POTENTIAL: 3 single-family dwelling sites (0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 1.8% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement). Rate may not exceed 4.8% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of Installment Purchase Agreement. f6 0 CC a) U Ln 2 1 ..c0 L. m 06 N 0 0.). ca J 1 00 1 N 1 d' N 1* c 0. -54- Item-VI-J.5a/b ORDINANCES/RESOLUTIONS ITEM #62517 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. Deed of Release and Exchange re an Agricultural Land Preservation (ARP) Easement at Dawley Farms, LLC b. Intergovernmental Agreement between the City and the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program (ARP) easements Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 1 AN ORDINANCE AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE A DEED OF 3 RELEASE AND EXCHANGE PERTAINING TO AN 4 AGRICULTURAL LANDS PRESERVATION 5 EASEMENT LOCATED ON LAND OF DAWLEY 6 FARMS, LLC 7 8 WHEREAS, on August 27, 1997, the City of Virginia Beach (the "City") and Dawley Farm 9 Properties, L.L.C. ("Dawley Farm Properties") entered into Installment Purchase Agreement 10 Number 1996-1, whereby the City acquired an Agricultural Lands Preservation Easement 11 ("Preservation Easement") upon certain property owned by Dawley Farm Properties; 12 13 WHEREAS, as part of the aforesaid transaction, Dawley Farm Properties reserved for 14 future development a portion of property having an area of 3.000 acres, more or Tess, such that 15 the Preservation Easement does not encumber the reserved area; 16 17 WHEREAS, by deed recorded as Instrument Number 200307250115498, Dawley Farm 18 Properties conveyed its land to Dawley Farms, LLC ("Dawley Farms") subject to the Preservation 19 Easement; 20 21 WHEREAS, Dawley Farms desires to exchange an area of land not encumbered by the 22 Preservation Easement for an equal area of land which is to be encumbered by the Preservation 23 Easement, as shown on the attached plat entitled "EXHIBIT PLAT SHOWING AMENDED 24 EASEMENT EXCEPTION ON A PORTION OF PROPERTY OF DAWLEY FARMS, LLC (Instr# 25 200307250115498) (M.B. 102, P. 3) FOR CITY OF VIRGINIA BEACH AGRICULTURAL 26 RESERVE PROGRAM VIRGINIA BEACH, VIRGINIA", Scale: 1=100", dated November2, 2012 27 and revised December 17, 2012; 28 29 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance 30 (hereinafter "Ordinance"), a landowner may petition the City Council for the extinguishment of a 31 Preservation Easement in exchange for the conveyance to the City of a Preservation Easement 32 on a different portion of the landowner's property, under certain conditions set forth in the 33 Ordinance; and 34 35 WHEREAS, the Ordinance provides that the City Council shall approve such an exchange 36 if it makes certain findings enumerated in the Ordinance; and 37 38 WHEREAS, the City Council does hereby make such findings, to-wit: 39 40 (1) the acquisition of the proposed Preservation Easement in lieu of the existing 41 Preservation Easement does not adversely affect the City's interests in accomplishing the 42 purposes of the Ordinance; 43 (2) the proposed Preservation Easement area meets all of the eligibility requirements 44 set forth in Section 7 of the Ordinance; 45 46 (3) the land to be encumbered by the proposed Preservation Easement is of at least 47 equal fair market value, is of greater value as permanent open space, and of as nearly as 48 feasible equivalent usefulness and location for use as permanent open -space land as the 49 property on which the existing Preservation Easement is located; and 50 51 (4) the consideration for the acquisition of the new Preservation Easement consists 52 solely of the extinguishment of the existing Preservation Easement. 53 54 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 55 VIRGINIA BEACH: 56 57 That subject to the determination of the City Attorney that there are no defects in title to 58 the property to be placed under the Preservation Easement or other restrictions or 59 encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's 60 interests, the City Manager be, and hereby is, authorized and directed to execute a Deed of 61 Exchange pursuant to which the City releases the existing Preservation Easement on a portion of 62 the property, as shown on the aforesaid plat, and acquires, in exchange therefore, land equal in 63 area to be placed under the Preservation Easement, as shown on such plat. 64 65 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2 2 ncilay of 66 January , 2013. 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O w a_ O O 0 N 0 W 0 CO M M �Q0m^a OOW UNO CC 0 et 0 OHO<St N Oa N m Z a V) z GRAPHIC SCALE REVISED: DECEMBER 17, 2012 J.0. 84,238 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM 8 EASEMENTS 9 10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 12 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 13 within the City; and 14 15 WHEREAS, since its inception of the Agricultural Reserve Program, 16 approximately 8,906.43 acres of land have been placed under easements restricting 17 development of the land to agricultural uses; and 18 19 WHEREAS, the General Assembly, by Chapter 3 of the 2012 Special Session I 20 Acts of Assembly, has appropriated $1,200,000 to the Virginia Department of Agriculture 21 and Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; and 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office 26 of Farmland Preservation to develop methods and sources of revenue for allocating 27 funds to localities to purchase agricultural conservation easements; and 28 29 WHEREAS, VDACS has determined that the City is eligible to receive 30 contributions of funds from VDACS in reimbursement for certain costs the City incurs in 31 the course of purchasing Agricultural Reserve Program easements; and 32 33 WHEREAS, the City and VDACS desire to enter into an agreement wherein 34 VDACS will agree to reimburse the City for certain costs incurred by the City in the 35 course of purchasing ARP easements, up to a cumulative maximum amount of 36 $160,715.64, for a period of two (2) years from the date of the Agreement; and 37 38 WHEREAS, a copy of the proposed Agreement between the City and VDACS 39 entitled "INTERGOVERNMENTAL AGREEMENT Between Virginia Department of 40 Agriculture and Consumer Services and The City of Virginia Beach," dated December 41 31, 2012, a copy of said Agreement is on file in the City Clerk's Office; and 42 43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 44 Exhibit A; and 45 WHEREAS, the City Council finds that the terms of the said agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of Agricultural Reserve 48 Program easements; 49 50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 51 OF VIRGINIA BEACH: 52 53 That the City Manager is hereby authorized and directed to execute the 54 Intergovernmental Agreement between the Virginia Department of Agriculture and 55 Consumer Services and the City of Virginia Beach, dated December 31, 2012 (the 56 "Agreement"), so long as the terms are in accordance with the Summary of Terms 57 attached hereto as Exhibit A, and incorporated herein, and such other terms, conditions, 58 or modification as may be acceptable to the City Manager and in a form deemed 59 satisfactory by the City Attorney, and to take such measures as are necessary or 60 advisable to implement the Agreement. 61 62 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 63 VIRGINIA BEACH: 64 65 That the City Council hereby expresses its appreciation to the Governor, the 66 General Assembly and the Virginia Department of Agriculture and Consumer Services 67 for their continued commitment to the preservation of agriculture within the 68 Commonwealth of Virginia and the City of Virginia Beach. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day 71 of January , 2013. Approved as to Content: Approved as to Legal Sufficiency: Guarl. ai&-geyvv Dept. of Agriculture City Attorney CA12429 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d003\p013\00000033.doc R-1 January 9, 2013 2 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of $724,751.77 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 - 49,900.00 2/23/10 - 93,932.19 2/22/11 - 12,500.00 6/14/11 - 54,247.37 1/24/12 - 110,952.46 The City is now eligible to receive an additional $160,715.64 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $160,715.64. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement; • title insurance; • appraisals; • physical surveys; • reasonable attorney's fees; • public notices Maximum reimbursement for a single purchase is equal to 50% of the sum of the purchase price of the easement and reimbursable costs, excluding costs of STRIPS. City of Virginia Beach Responsibilities: Cost: • Utilize state funds to further protect working agricultural lands by purchasing development rights. • Submit a progress report each year that the agreement is effective or a subsequent agreement is in effect to (i) describe any prospective properties and the status of any negotiations, (ii) estimate the timeframes that agreements could possibly be executed, (iii) maintain a public outreach program designed to educate various stakeholders, (iv) develop and maintain a monitoring program, and (v) continually evaluate the effectiveness of the program. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • No associated costs are incurred by the City Duration and Termination: • Initial term is two years from the date of the agreement (December 31, 2012 through December 31, 2014). The agreement shall be merged with the previous agreement approved on January 24, 2012, so there are no inconsistencies. • City may be recertified as eligible for future funding, but not guaranteed. • The agreement may be terminated if the City fails to perform any of its obligations under the terms of this agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 -55 - Item -VI -J.6 ORDINANCES/RESOLUTIONS ITEM #62518 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the dedication of a conservation easement at Pleasure House Point, Parcel 3 Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF THE DEDICATION OF A 3 CONSERVATION EASEMENT OVER THE 4 PROPERTY LOCATED AT PLEASURE HOUSE 5 POINT PARCEL 3 6 7 8 WHEREAS, The Trust for Public Land ("TPL") is the owner of the property 9 located at Pleasure House Point Parcel 3 (GPIN: 1489-57-3361), containing 10± acres 10 of property (the "Property"); 11 12 WHEREAS, the Property is under contract to be purchased from TPL by the 13 Chesapeake Bay Foundation ("CBF"). TPL desires to dedicate a conservation 14 easement (the "Easement") over the Property to the City of Virginia Beach (the "City") 15 prior to the sale to CBF; 16 17 WHEREAS, under the terms of the Easement, other than limited activities, paths 18 and structures that are consistent with agricultural, recreational and open space uses, 19 no further development will be permitted on the Property; and 20 21 WHEREAS, acceptance of the dedication of the Easement would promote the 22 City's goals of preserving open space areas and recreational lands. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. That the City Manager or his designee is authorized to accept the 28 dedication of a conservation easement (the "Easement") over the 10± acres of property 29 located at Pleasure House Point Parcel 3 (GPIN: 1489-57-3361) (the "Property") by 30 The Trust for Public Land. 31 32 2. That the City Manager or his designee is authorized to execute any and all 33 documents necessary or appropriate in connection with the acceptance of the 34 dedication of the Easement over the Property, so long as such documents are 35 consistent with the Summary of Terms attached hereto as Exhibit A, and made a part 36 hereof, and such other terms, conditions and modifications deemed necessary and 37 sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day 40 of January , 2013. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney s and Recreation CA12412 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D007\PO16\00052494.DOC R-1 January 11, 2013 Grantor: Grantee: Property: Cost of Acquisition: Property Restrictions: Future City Obligations: EXHIBIT A SUMMARY OF TERMS CONSERVATION EASEMENT The Trust for Public Land The City of Virginia Beach Conservation Easement over 10± acres of property located at Pleasure House Point Parcel 3 (GPIN: 1489-57-3361) (the "Easement") None. Easement will be dedicated. Other than limited activities, paths and structures that are consistent with agricultural, recreational and open space uses, no further development would be permitted on this Property under the terms of the Easement. To monitor the Property and enforce the Easement terms, if necessary. • June 22. 2012 Existing Land Use -56 - Item -VI -J.7 ORDINANCES/RESOLUTIONS ITEM #62519 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH the Thalia Creek Greenway Trail ("the Greenway'), ACCEPT and APPROPRIATE Grant Funding from the Federal Highway Administration and TRANSFER funds to the project Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 1 AN ORDINANCE TO ESTABLISH CAPITAL 2 PROJECT #4-522 "THALIA CREEK GREENWAY 3 TRAIL", TO ACCEPT AND APPROPRIATE GRANT 4 FUNDING FROM THE FEDERAL HIGHWAY 5 ADMINISTRATION, AND TO TRANSFER FUNDS TO 6 THE PROJECT 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 1. That Capital Improvement Project #4-522, "Thalia Creek Greenway Trail," 10 is hereby established in the FY 2012-13 Capital Budget; 11 12 2. That $640,000 of federal revenue is hereby accepted from the Federal 13 Highway Administration and appropriated, with estimated federal revenues 14 increased accordingly, to CIP 4-522; and 15 16 3. That $160,000 is hereby transferred from CIP 4-064 "Bikeways and Trails 17 Pian Implementation — Phase II" to CIP 4-522 to provide the required local 18 match. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of January 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services CA12500 R-1 January 9, 2013 VIRGINIA BEACH BLVD J NORFOLK/SOUTHERN R.O.W. 0A1 3ON3GN3d3ONJ way Implementation Planned Phases 0 0 O L0 O O ffi pxgaouapuadapu| -57 - Item -VI -J.8 ORDINANCES/RESOLUTIONS ITEM #62520 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT additional streets and corrections to the Road Inventory for Urban Maintenance payments Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT ADDITIONAL STREETS FOR URBAN 4 MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 7.06 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 2nd day of January , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works CA12485 R-1 December 17, 2012 City Att ey"s Office Exhibit A - New Streets City of Virginia Beach Public Works / Operations New Street Street Type STREET FROM TO LA1iE MILES LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL ALDEA CI ASHVILLE PARK BL AYDLETTE CT BENECIA DR BLYTHE DR CAMARILLO LA CHANDLER SCOTT CT EMELITA DR HONEYGROVE WY KEOKIRK LA KITTRIDGE DR LADY VICTORIA WY LUBAO LA MADISON CROSSING LA SAMUELSON CT STRATEM CT WILSHIRE DR CAMARILLO LA CAMARILLO LA PRINCESS ANNE RD (NB) CAMARILLO LA DALEBROOK CT N CUL-DE-SAC KEOKIRK LA CAMARILLO LA WILSHIRE DR ALDEA CI ASHVILLE PARK BL ALDEA CI LADY VICTORIA WY W CUL-DE-SAC LUBAO LA CAMARILLO LA HONEYGROVE RD E S DEAD END EMELITA DR CAMARILLO LA ALDEA CI LUBAO LA GENERAL ST N CUL-DE-SAC ASHVILLE PARK BL ALDEA CI DAM NECK RD (WB) N CUL DE SAC LADY VICTORIA WY W CUL-DE-SAC E CUL DE SAC BIRDNECK RD S (NB) ASHVILLE PARK BL CAMARILLO LA Total Lane Miles of LOCAL streets : 0.26 1.08 0.02 0.30 0.16 1.18 0.24 0.88 0.12 0.32 0.76 0.28 0.44 0.22 0.16 0.20 0.44 7.06 Total Lane Miles of New Street : 7.06 Friday, November 16, 2012 Page 1 of 1 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT CORRECTIONS/DELETIONS TO THE 4 ROAD INVENTORY FOR URBAN 5 MAINTENANCE PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached); resulting in a net decrease of 0.14 (Local/Collector) lane miles 17 and 18 19 WHEREAS, a representative from the Virginia Department of Transportation has 20 inspected and approved corrections. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That City Council hereby requests the Virginia Department of Transportation to 26 accept the corrections listed on Exhibit B, attached hereto and incorporated by 27 reference, and make the necessary adjustments to urban maintenance payments for 28 the City of Virginia Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of January , 2013. APPROVED AS TO CONTENT: Public Works CA12486 R-1 December 17, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Exhibit B - Changes City of Virginia Beach Public Works / Operations Additions/Re • laced deletions Street Type LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL STREET FROM TO LANE MILES SAND BEND RD SEA SHELL RD SEAFARER CV SEAFARER LA SEDGEMOOR RD SENTARA WY SHADOW TREE WY SHADOWLAKE CT SHADOWWOOD CT SHADOWWOOD DR SHARBOT DR LITTLE ISLAND RD CAPE HENRY RD BAY POINT DR BAY POINT DR S OLD CANTERBURY DR ROSEMONT RD STONESHORE RD MEADOW LAKE RD SHADOWWOOD DR SUNNYWOOD DR GRAYLYN DR W CUL DE SAC N DEAD END W CUL DE SAC S CUL DE SAC WORCHESTER DR SPRUCE ST N CUL DE SAC N CUL DE SAC CUL DE SAC SAGE WOOD DR PLEASANT VALLEY RD Total Lane Miles of LOCAL streets : 1.20 0.36 0.32 0.28 0.36 0.78 0.28 0.10 0.10 1.22 0.22 5.22 Total Lane Miles of Additions/Replaced deletions : 5.22 Deletions Street Type STREET FROM TO LANE MILES LOCAL SACANDAGA CT SLALOM DR CUL-DE-SAC -0.14 Total Lane Miles of LOCAL streets : -0.14 Total Lane Miles of Deletions : -0.14 Deletions/To be re • laced Street Type STREET FROM TO LANE MILES LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL SANDBEND RD SEA FARER CV SEA FARER LA SEASHELL RD SEDGEMORE RD SENTERA WY SHADOW LAKE CT SHADOWOOD CT SHADOWOOD DR SHADOWTREE WY SHARBOT DR LITTLE ISLAND BAY POINT DR BAY POINT DR S CAPE HENRY RD OLD CANTERBURY DR ROSEMONT RD MEADOW LAKE RD SHADOWOOD DR SUNNYWOOD DR STONESHORE RD GRAYLYN DR W CUL DE SAC CUL-DE-SAC CUL-DE-SAC DEAD END 2121 WORCHESTER DR SPRUCE ST N CUL-DE-SAC CUL-DE-SAC 1955 SAGEWOOD CUL-DE-SAC CUL DE SAC Total Lane Miles of LOCAL streets : -1.20 -0.32 -0.28 -0.36 -0.36 -0.78 -0.10 -0.10 -1.22 -0.28 -0.22 -5.22 Total Lane Miles of Deletions/To be replaced : -5.22 -58 - Item -VI -J.9 ORDINANCES/RESOLUTIONS ITEM #62521 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $33, 769 from the Oyster Heritage Trust Fund to Planning and Community Development to continue the pilot Oyster Shell Education and Recycling program and initiate an annual survey of oyster populations on sanctuary reefs in the Lynnhaven River Watershed Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 1 2 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE OYSTER HERITAGE TRUST FUND 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That $33,769 is hereby appropriated, with estimated revenue increased accordingly, 7 from the fund balance of the Oyster Heritage Trust Fund to the FY 2012-13 Operating 8 Budget of the Department of Planning and Community Development to continue the pilot 9 oyster shell education and recycling program and initiate an annual survey of oyster 10 populations on sanctuary reefs in the Lynnhaven River Watershed. Adopted by the Council of the City of Virginia Beach, Virginia, on the January , 2013. 22ndday of Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: \ Management Services CA12498 R-1 January 8, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City orneys' • - ce -59- Item-VI-J.10 ORDINANCES/RESOLUTIONS ITEM #62522 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $318,000 to Public Utilities and TRANSFER $32, 000 from the Water and Sewer Fund Regular Reserve for Contingencies re partial payment for the purchase of a replacement sewer vacuum truck Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 1 AN ORDINANCE TO APPROPRIATE AND 2 TRANSFER FUNDING FOR A SANITARY SEWER 3 VACUUM TRUCK 4 5 WHEREAS, the Department of Public Utilities is undertaking a buyback of two sewer 6 vacuum trucks that were frequently in need of repair; and 7 8 WHEREAS, the Department of Public Utilities desires to use the proceeds of the 9 buyback and a transfer of $32,000 for the Water and Sewer Reserve to purchase a 10 replacement sewer vacuum truck with an estimated purchase price of $350,000. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That $318,000 is hereby appropriated, with estimated revenues from the buyback of 16 two sewer vacuum trucks, to the FY 2012-13 Operating Budget of the Department 17 of Public Utilities to partially pay for the purchase of a replacement sewer vacuum 18 truck; and 19 20 2. That $32,000 is hereby transferred from the Water and Sewer Fund Regular 21 Reserve for Contingencies to partially pay for the purchase of a replacement sewer 22 vacuum truck. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of January 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Cit CA12497 R-1 January 8, 2013 Item -VI-K PLANNING -60- ITEM #62523 1. SALEM WOODS CIVIC ASSOCIATION VARIANCE 2. SURF BEACH CLUB, INC. ALTERATION TO NON- CONFORMING USE 3. CHRISTINE WERNE/PEMBROKE CONDITIONAL USE PERMIT OFFICE PARK, L.P. 4. OCEAN HORIZON PROPERTIES, L.C. CONDITIONAL USE PERMIT 5. MPB, INC. CHANGE OF ZONING 6. WILLIAM McCARTHY CHANGE OF ZONING January 22, 2013 -61 - Item -VI-K PLANNING ITEM #62524 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2(DEFERRED TO FEBRUARY 12, 2013), 3, 4, 5(DEFERRED TO FEBRUARY 12, 2013) and 6 of the PLANNING AGENDA. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 -62 - Item -VI-K.1 PLANNING ITEM #62525 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED AS REVISED, Application of SALEM WOODS CIVIC ASSOCIATION for a Variance to §4.5 of the Subdivision Ordinance which requires public sites and open spaces for residential subdivisions at 4609 Rothwell Court DISTRICT 4 - ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of SALEM WOODS CIVIC ASSOCIATION for a Variance to §4.5 of the Subdivision Ordinance which requires public sites and open spaces for residential subdivisions at 4609 Rothwell Court (GPIN 1475464072) DISTRICT 4 - ROSE HALL The following conditions shall be required: 1. A note shall be provided on the subdivision plat stating that any lots shall be developed with one single-family dwelling each or used as Open Space. 2. Exterior building materials shall be similar to existing exterior building materials used within the development. 3. No development of the site shall occur until the swimming pool, pool deck (concrete paved area), and fencing are removed. Said work shall be complctcd within one (1) year of City Council approval of this variance. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Second day of January Two Thousand Thirteen January 22, 2013 -63- Item-VI-K.1 PLANNING ITEM #62525(Continued) Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 -64 - Item —VI -K2 PLANNING ITEM #62526 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO FEBRUARY 12, 2013, BY CONSENT, Application of the SURF BEACH CLUB, INC. for alteration to a non -conforming use to replace existing cabana structures at 5704 Ocean Front Avenue (DISTRICT 5 — LYNNHAVEN) Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 -65 - Item -VI-K.3 PLANNING ITEM # 62527 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CHRISTINE WERNE/PEMBROKE OFFICE PARK, L.P. for a Conditional Use Permit re a technical/vocational school (School of Esthetics) at 289 Independence Blvd DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CHRISTINE WERNE/PEMBROKE OFFICE PARK, L.P. for a Conditional Use Permit re a technical/vocational school (School of Esthetics) at 289 Independence Blvd (GPIN 1477353753) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 2. The applicant shall obtain a Virginia Beach Department of Public Health permit prior to opening of the school and salon. 3. Exterior building signage shall comply with the requirements of the Zoning Ordinance. 4. The maximum number of students attending any one class shall be 15 individuals. Furthermore, there shall be no more than one class during each of the weekday morning and afternoon sessions. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Second day of January, Two Thousand Thirteen January 22, 2013 -66 - Item -VI-K.3 PLANNING ITEM # 62527 (Continued) Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 -67 - Item -VI-K.4 PLANNING ITEM #62528 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/REVISED CONDITIONS, BY CONSENT, Application of OCEAN HORIZON PROPERTIES, L.C. Conditional Use Permit for a commercial valet parking lot at 209 20`'" Street DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of OCEAN HORIZON PROPERTIES, L.C. Conditional Use Permit for a commercial valet parking lot at 209 20`'' Street (GPIN 2427183233) DISTRICT 6 — BEACH The following conditions shall be required: 1. Except as required by Condition 2, improvements shall be in substantial conformance with the Plan entitled, "Preliminary to Accompany Conditional Use Permit Application of Commercial Valet Parking at 20th Street and Pacific Ave for Ocean Horizons Properties, LC Virginia Beach, Virginia" prepared by SIA Site Improvements Civil Engineers, Surveyors & Site Contractors dated 10-01-12, which has been exhibited to the City Council and is on file in the Department of Planning. 2. Reduction of perimeter parking lot landscaping from the required ten (10) feet to five (5) feet shall be allowed adjacent to the rights-of-way of Pacific Avenue and 20th" Street, except that such reduction shall only be permitted if the applicant provides one of the appropriate Optional Forms of Development (OFD) specified in Section 7.2.2.0 of the Oceanfront Resort District Form -Based Code. Such OFD shall be provided within the twenty (20) foot wide landscape area located within the public right-of-way adjacent to the 20`'" Street side of the parking lot. Upon the Zoning Administrator's approval of the OFD, the reduced perimeter landscaping shall consist of a minimum five (5) foot wide planting bed with a combination of trees and evergreen shrubs. 3. The gate shall consist of materials that are generally recognized as maintenance free. A detail of the gate shall be submitted with the final Site Plan for approval. 4. The hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots within the Resort Area. 5. The vehicular access point on 20`'" Street for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 6. All outdoor lighting shall be shielded to direct the light and glare onto the parking lot; said lighting and glare shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be submitted during Site Plan review. 7. Trash receptacles shall be installed and maintained at the locations determined during Site Plan review. 8. Provide at Site Plan review, a Stormwater Management Plan for water quantity conveyance and storage and water quality treatment in accordance with the City Site January 22, 2013 -68 - Item -VI-K.4 PLANNING ITEM #62528(Continued) Plan and Stormwater Management Ordinances and Public Works Specifications and Standards. 9. Since this commercial parking lot will not be stripped, the lot shall be operated only when an attendant is stationed on the Site to Valet park vehicles. 10. If a fence is installed, a non-opaque fence, no taller than four (4) feet and constructed of maintenance free materials, shall be installed along the perimeter of the parking lot, with the exception of the gated ingress -egress. The required landscaping shall be installed outside the fence. Said fence shall not be chain link or wood split rail. 11. This Conditional Use Permit is approved for five (5) years from the date of City Council approval, with an annual review by shall be reviewed annually by the Zoning Administrator or her designee to insure compliance with the conditions. 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 Twenty -Second day of January, Two Thousand Thirteen Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 -69- Item—VI-K.5 PLANNING ITEM #62529 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO FEBRUARY 12, 2013, BY CONSENT, Application of MPB, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional 0-2 Office re a three story office structure at Princess Anne Road and Elson Green Avenue (deferred November 13, December 4 and December 11, 2012) DISTRICT 7 - PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 -70 - Item —VI -K.6 PLANNING ITEM #62530 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS PROFFERED, BY CONSENT, Application of WILLIAM McCARTHY, Change of Zoning from AG -2 Agricultural to Conditional B-2 Community Business re development of a hair care center and retail shops at 3004 Holland Road DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of WILLIAM McCARTHY, Change of Zoning from AG -2 Agricultural to Conditional B-2 Community Business re development of a hair care center and retail shops at 3004 Holland Road DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Rosemary Wilson January 22, 2013 WILLIAM MCCARTHY ROSE MCCARTHY To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT, made this 3rd day of October, 2012, by and between WILLIAM MCCARTHY and ROSE MCCARTHY, parties of the first part (the "Grantors"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2405 Courthouse Dr., Municipal Center, Virginia Beach, VA 23456. RECITALS: A. The Grantors are the owners of a certain parcel of real property located in the City of Virginia Beach, Virginia, bearing a current street address of 3004 Holland Road, Virginia Beach, VA and more particularly described upon Exhibit A attached hereto and made a part hereof. B. Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantors addressed to Grantee to change the zoning classification of the Property from AG -2 Agricultural to Conditional B-2 Community Business. The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). C. Grantee's policy is to provide for the orderly development of land for various purposes, through zoning and other land development legislation. D. Grantors acknowledge the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the property and at the same time recognize the effects of change, and the needs for various types of uses, certain reasonable conditions governing the use of Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise. E. The Grantors have voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Community Business Zoning District, the following reasonable conditions, hereinafter set forth, related to the physical development, operation, and use of the Property to be adopted as part of the amendment to the Zoning Map PREPARED BY: JOHN W. RICHARDSON, ATTORNEY AT LAW, KAUFMAN & CANOLES, P.C. GPIN NO. 1495-23-6510-0000 relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. Only uses that are permitted in the B-2 Community Business District and compatible in APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on this property. 2. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Site Plan of 3004 Holland Road" dated 9/28/2012, prepared by Pinnacle Group Engineering, Inc. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to City Council, with regard to layout, ingress and egress, and landscaping. 3. The architectural design of the retail buildings will be substantially as depicted on the elevations designated as "Holland Road Shoppes" prepared by RDM Residential Designs, LLC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The building shall be a steel building with a brick and stucco front facade. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations by Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantors. Grantors acknowledge that additional further lawful conditions or 2 restrictions may be imposed by Grantee as a condition of approvals, including, but not limited to, final Site Plan approval. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signs and seals: By: Name: WILLIAM MCCARTHY By: Name:' ROSE MCCARTHY COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, UM Jell' �' I— V C , the undersigned, a Notary Public in and for the City and State aforesaid, do eby certify that William McCarthy and Rose McCarthy, whose names are signed to the foregoing instrument, have sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this 3 day of December, 2012. The said William McCarthy and Rose McCarthy are personally known to me, or ,0 produced a i`� �� , �? S l i[ Ct`` for identification purposes. `` D� NN.�''% 3 ()(A W,�,�r11�1,;kJA otary Public 0�POoht 0ri%"l e• • NNO. = 75174471. MY Ot M. EXPIRES VIRGA, N �P' G •:§` 071i,1ii ARYPV�� \\\\ - -I My commission expires: MOV _ 30, 70( V Registration No.: -151 "7 t+4-7 EXHIBIT A LEGAL DESCRIPTION ALL THAT certain tract, piece or parcel of land with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the Princess Anne Borough, City of Virginia Beach, Virginia, and more particularly bounded and described as follows: Beginning at a pin on the northeast side of Holland Road at the dividing line between this property and property now or foimerly Lamb Smith, and from said point of beginning, running thence North 48 degrees 00 Minutes East 270 feet to a pin; thence turning and running South 44 degrees 15 minutes East 84.15 feet to a pin; thence turning and running South 47 degrees 56 minutes West 270 feet to the southeast side of Holland Road in a northerly direction 84.43 feet to a pin, the point of beginning. LESS AND EXCEPT that portion of the subject property conveyed to the Commonwealth of Virginia by deed recorded as Instrument No. 20070806001062260. IT BEING the same property conveyed to William McCarthy and Rose McCarthy by deed from Robert Lee Owens and Alice Mae Owens Turner, now known as Alice Mae Owens, dated June 13, 2012, recorded in the aforesaid Clerk's Office as Instrument No. 20120627000710280. 11880024x2 -71 - ITEM VI -L APPOINTMENTS ITEM #62531 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE January 22, 2013 -72 - ITEM VI -L APPOINTMENTS ITEM #62532 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: ELAINE IGLECIA Unexpired thru 3/31/13 plus 3 year term 4/1/13 — 3/31/16 HUMAN RIGHTS COMMISSION Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent.• John E. Uhrin Rosemary Wilson January 22, 2013 -73 - Item -VI-0 ADJOURNMENT ITEM #62533 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:14 P.M. Amanda Finley -Barnes, CMC Chief Deputy City Clerk th Hodges raser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia January 22, 2013 -73 - Item -VI-O ADJOURNMENT ITEM #62533 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:14 P.M. Amanda Finley -Barnes, CMC Chief Deputy City Clerk • h Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk City of Virginia Beach Virginia Mayor January 22, 2013