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Home My WebLink AboutMARCH 26, 2013 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA N. ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 26 MARCH 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. IV. CITY MANAGER'S BRIEFING - Conference Room - 4:30 PM A. POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION Dave Hansen, Deputy City Manager B. INTERIM FINANCIAL STATEMENT Patti Phillips, Director, Finance Department CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION 5:30 PM II V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. James Pipkin Pastor, St Johns Baptist 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 March 12, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. VIRGINIA SYMPHONY ORCHESTRA Nancy Creech, Neptune Festival President and CEO JoAnn Faletta, Maestro Eric Borenstein, Executive Director Rony Thomas, Incoming Chairman of the Board I. CITY MANAGER'S PRESENTATION 1. FY 2013-14 OPERATING AND CAPITAL BUDGET Catheryn Whitesell, Director, Management Services J. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY a. Atlantic Avenue and 3rd Street 2. TRANSFER PROPERTY TO THE DEVELOPMENT AUTHORITY a. 19th , 20th Streets b. Arctic and Baltic Avenues K. PUBLIC COMMENT 1. 19th Street Parking L. ORDINANCES 1. Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease with Dreamquest, LLC re an entertainment venue (cirque -style acrobatic performances) at Atlantic Avenue and 3rd Street 2. Ordinance to AUTHORIZE a Request for Bids to lease City -owned property in the 1000 - Block of Prosperity Road re developing and operating a Camp for children with special needs and disabled Veterans 3. Ordinances to EXTEND compliance of Conditions 1, 2 and 3 re closing portions of: a. the unimproved right-of-way at Oakmears Crescent (relocated) b. the former Oakmears Crescent right-of-way (Princess Anne Road) 4. Ordinance to ACCEPT and APPROPRIATE $30,520 from Smart Beginnings South Hampton Roads re an Early Learning Challenge (ELC) Grant Initiative M. PLANNING 1. Application of FRANK T. WILLIAMS for a Variance to §4.4 (b) of the Subdivision Ordinance to re -subdivide two (2) lots and ADD area at 5309 Morris Neck Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 2. Application of JAMIE COLE for a Modification of Condition No. 7 re landscape buffering (approved by City Council February 23, 2003) at 520 Dunkirk Court (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION ALLOW WITHDRAWAL 3. Applications of RIVERS OF LIFE, LLC (approved by City Council May 24, 2011): a. Conditional Change of Zoning from R-7.5 Residential to PD -H2 re residential development at 736 Newtown Road (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL b. Modification of Proffers Nos. 1 through 5 and No. 8 to EXPAND the land area and MODIFY the site layout at 736 Newtown Road (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 4. Application of HOME ASSOCIATES OF VIRGINIA, INC, ROYAL COURT, INC. and CHELSEA PLACE CONDOMINIUM ASSOCIATION, INC for Modification of Proffer No. 8 of a Conditional Change of Zoning (approved by City Council May 13, 2003) re age - restrictions at Princess Anne Road, West of Cross Road (DISTRICT 7 — PRINCESS ANNE) RECOMENDATION APPROVAL 5. Application of LAURIE WOMACK for a Conditional Use Permit re child daycare at 321 West Farmington Road (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 6. Ordinance to AMEND and REORDAIN Sections 1904 and 1905 of the City Zoning Ordinance (CZO) re setback, landscaping, lot coverage requirements and design incentives in the Old Beach Overlay District (DISTRICT 5- LYNNHAVEN) RECOMMENDATION DEFER TO APRIL 23, 2013 7. Ordinance to AMEND the Comprehensive Plan to ADD the Centerville SGA Master Plan and REVISE the Plan's Policy Document to conform to the Master Plan RECOMMENDATION APPROVAL N. APPOINTMENTS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE O. UNFINISHED BUSINESS P. NEW BUSINESS Q. 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 ******************** 2013 CITY HOLIDAYS Memorial Day -:1londay, Ila 27 Independence Day - Thursday, July 4 Labor Day - Monday, September 2 i'eterarrs Day - Illonday, November 11 Tlurrrksgiving Day & Day after Thanksgiving - Thursday, November 28 & Friday, November 29 Christmas Eve (half-day) - Tuesday, December 24 Christmas Day - Wednesday, December 25 CITY COUNCIL SESSIONS April 2013 April 2 Workshop 4:00 — 6:00 P.M. April 9 Briefing, Informal, Formal 6:00 P.M. April 16 Workshop 4:00 — 6:00 P.M. April 23 Briefing, Informal, Formal 6:00 P.M. March 26th April 2nd April 9th April 16th April 18th April 23rd April 23rd May 7th Mav 14th City Manager's presentation of the FY 2013-14 Operating Budget and Capital Budget Budget Presentation Budget Workshop Budget Workshop Budget Workshop Public Hearing at VB Middle School Budget Workshop Public Hearing in the Council Chambers Budget Workshop — Reconciliation Vote on the Budp-et -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 26, 2013 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefing regarding the POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION, in the City Council Conference Room, Tuesday, March 26, 2013, at 4.•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., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None March 26, 2013 -2- CITY MANAGER'S BRIEFING POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION REPORT 4:30 P.M. ITEM #62653 Mayor Sessoms introduced and welcomed Dave Hansen, Deputy City Manager, who gave the Post 2018 Southeastern Public Service Authority (SPSA) Resolution report. City Manager Spore advised this Briefing comes after a 1 1/ years of work with City Manager's across South Hampton Roads. SPSA is asking for guidance and it is their hope Cities will adopt the same Resolution for a positive solution. City Council Resolution Brief on Post 2018 SPSA Pursuing a Regional Approach to Reaching an Affordable Solution DCM Dave Hansen 26 March 2013 Deputy City Manager Hansen advised it is in the best interest of each of the Cities in South Hampton Roads to reach a "Regional" solution rather than an individual solution. City Council Resolution Public comment and Council approval: 9 April • Commitment to a regional solution • CAO involvement • Technical Committee assessments & recommendations • Advisory guidance to existing SPSA Board • Continue the process Develop a feasible and outcome March 26, 2013 -3 - CITY MANAGER'S BRIEFING POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION REPORT ITEM #62653(Continued) On February 28, 2013, City Manager Spore Briefed City Managers of South Hampton Roads. CAO Briefing & Discussion 28 February 2013 Agenda Items • Circumstances r City Council Resolutions — intent, contents, & next steps • MOA Drafting process, contents, and rules for participation • Negotiation Timeline and Process with Wheelabrator & consideration of other disposal alternatives CAO's Thoughts on how South Hampton Roads solid waste should be managed post 2018 ➢ Next Steps & Calendar review and adjustment March 26, 2013 -4 - CITY MANAGER'S BRIEFING POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION REPORT ITEM #62653(Continued) Circumstances Effective January 24, 2018, all Use & Support Agreements expire as well as SPSA's contract with Wheelabrator A series of studies have been conducted to provide various alternatives for municipalities to dispose of MSW General belief a cooperative regional approach is the superior alternative CAO's desired to become personally involved in discussing and strategizing about the Post 2018 SPSA era SPSA will continue Post 2018 even if only in a perpetual existence The existing Suffolk approved SPSA landfill CUP does not encompass all potential expansion areas Should SPSA dissolve the assets are distributed or conveyed A systematic decision making process is underway external to the existing SPSA Board Below is a Summary of the Post 2018 SPSA Meetings for the City, as well as Regional Meetings: Post 2018 SPSA Meetings (Virginia Beach & Regional Meetings*) 10/6/11 Final Report— Update to Solid Waste Management for Southside Hampton Roads Planning Horizon 2011-2047; by SCS Engineers • 10/18/11 Presentation of Final Report to Virginia Beach City Council by Bob Gardner of SCS Engineers ✓ 11/30/11 Virginia Beach City Staff meeting r 12/20/11 Virginia Beach City Staff meeting ✓ 1/24/12 Virginia Beach City Staff meeting ✓ Feb 2012 City Manager update briefing to Mayor and Vice Mayor ✓ 5/1/12 Virginia Beach City Staff met with SPSA Executive Director ✓ 6/11/12 Technical Committee meeting V 7/19/12 CAO Meeting; presentation of findings to date ✓ 8/16/12 Technical Committee meeting ✓ 9/10/12 Technical Committee meeting ✓ 10/16/12 Virginia Beath City Council presentation by staff 10/18/12 CAO Discussion and Guidance Meeting at HRPDC • 1/24/13 Review Technical Committee Resolution 2/28/13 CAO Briefing and Discussion re: Resolutions and MOA March 26, 2013 -5 - CITY MANAGER'S BRIEFING POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION REPORT ITEM #62653(Continued) Mr. Hansen advised that each City passing a Resolution acknowledges their commitment to participate in a Regional effort. Passing a Resolution will give same basic "idea" but allows each City to incorporate language associated with their own individual community needs. This will also reflect confidence in SPSA. City Council Resolutions Intent, Contents, and Next Steps ➢ Intent ■ Nonbinding show of Regional commitment ■ Allows Elected Body's to include their concerns ■ Sets the conditions for entering MOA development Contents ■ Summarizes the circumstances ■ Combines Regional supportive & City specific concepts ■ Reflects a cooperative Regional approach ■ Reflects confidence in SPSA ■ Does not contain the specifics y Local Governing Body passage: 2nd Qtr CY13 Transfer Station Ownership will be a big issue for each City. Resolution Contents r BOD Membership • New Use & Support Agreements %- Divisions TBD ✓ Voting Equal Fees Right to Withdraw Disposal Methodology • MOA Comprehensive Landfill CUP • Transfer Station Ownership w Post 2018 SPSA Long Term Debt Host Fee = Annual business expense allocated to all members :- City specific inclusions (i.e. VB Landfill use) March 26, 2013 -6 - CITY MANAGER'S BRIEFING POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION REPORT ITEM #62653(Continued) Drafting the MOA Process, Contents & Participation Joint effort: Technical and Legal Teams CY13 effort - monthly workshops - May thru Oct Incorporate Resolution feedback from City Councils Schedule 6 month CAO review Use Preliminary Matrix of Deal Points from Technical Committee meet of Sept 10, 2012 as starting point Incorporate current SPSA BOD lessons learned ➢ Complete MOA and ratify in 4th Qtr CY13 Below is the preliminary matrix of "deal points": Preliminary Matrix of Deal Points September 10, 2012 March 26, 2013 -7 - CITY MANAGER'S BRIEFING POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION REPORT ITEM #62653(Continued) Negotiation w/ Wheelabrator r Existing Wheelabrator WTE + Significant volume reduction (90%vol/70%wt) + Reduces landfill consumption/dependence + Generates renewable energy (steam, electrical) + Recovery (metals)/recyclables + Existing facility, proven performance, and reliable - New contract will be required • Regionally • By Division + Ash disposal: multiple options/opportunities Y Current Timeline is to begin in 3rd Qtr CY15 The following is the current Disposal Alternatives: Current Disposal Alternatives WTE - Higher cost + Environmentally preferred option compared to landfilling ? Consistent with current practice + Conserves landfill disposal capacity - Aging technology Landfill Only Solution + Lowest cost - Perceived as a Less preferred option environmentally + 110 year capacity at 500,000 T/year + Landfill gas Utilization Bucky Taylor SPSA Landfill Build Out Report March 26, 2013 -8 - CITY MANAGER'S BRIEFING POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION REPORT ITEM #62653(Continued) eaKe .P 204 Acres— Cells 1 -VII 266 Acres — Cells VIII — XIII (Currently Undeveloped) March 26, 2013 wart«ssr Menace% Z:t p \\\111 Y y� ro ` ', Y yyi�i+ II' 441, ; t i� f /�.�// J�� t i ,,,, / gi s. - ././.:.J// Scale House and Transfer f I .r 11` Station / "^"- .—/ ent +\t'✓/ I _ I, arca Entrance ea M. SS .�.. hRSSA wdand i.amm <......a .a,. March 26, 2013 -9 - CITY MANAGER'S BRIEFING POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION REPORT ITEM #62653(Continued) Incoming Waste Cells 5/6 Cell 7 Cells 8,9,10 Cells 11,12,13 Volume 5.3 MCY 10.8 MCY32.1 MCY21.2 MCY Ton/Year 4.2 M Tons 8.6 M Tons 25.7 M Tons 17.0 M Tons 200,000 2033 2076 2205 2289 300,000 2026 2055 2140 2197 400,000 2022 2044 2108 2151 500,000 2020 2037 2089 2123 600,000 2019 2033 2076 2104 700,000 2018 2030 2067 2091 Notes: 1. Landfill life estimates assume 1,800 lbs/cy density. 2. Cells V & VI volume of 5.3 MCY estimated remaining volume as of 1/1/2012. 3. Cells 0111-0 and Cells XI -0111 assume 20' below grade at 4:1 and at 5:1 final grades with a maximum elevation of 2001 4. Years shown indicate a sequential filling of each Cell . Waste Disposed of In the Regional Landfill In Tons 2007 2008 2009 2010 2011 2012 1,184,260 1,178,733 731,520 495,705. 104,601 255,626 $36.0M WTE vs. Landfilling Eastern Division Only Suffolk, $1,897,000, 14% Does not reflect: • Landfill expansion costs • $5M/Member Transfer Station • Increased fuel costs $14.1M Portsmouth, $1,440,000, 10% March 26, 2013 -10 - CITY MANAGER'S BRIEFING POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION REPORT ITEM #62653 (Continued) SPSA's infrastructure already in place is one of the best reasons to continue with SPSA. SPSA Infrastructure Significant benefits to retaining + Realize value of capital investment at the Regional Landfill when all debt paid by 2018 + Much longer life +140 years - CUP for expansion + Existing systems: personnel & operational practices in place + Compliance routines established + Communication systems established + Low cost alternative available via landfill only - Maintenance & Repair/New Construction of Transfer Sites SPSA Landfill in Suffolk Comprehensive Landfill CUP • Includes cells 8,9 &10 (thru year 2089)... or ... • Includes cells 11, 12, & 13 (thru year 2123)* Grade separated interchange Host fee: • $1M minimum floor • $4/T landfilled r Citizen based services on site Yard debris composting )= Acquisition of adjacent 200 acres • Buffering • Regional Composting Facility * SPSA landfill capacity based on 500,000 Tons of MSW landfilled per year March 26, 2013 -11 - CITY MANAGER'S BRIEFING POST 2018 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) RESOLUTION REPORT ITEM #62653(Continued) Transfer Stations Current BOD has no direction for disposition of assets r Needed for disposal of MSW regardless of post SPSA regional decision r Source of unpredictable SPSA long term debt and fluctuating tipping fees r Could be viewed as tail of collection versus head of disposal ➢ Eastern Division members all have a need ✓ Portsmouth has none and needs one ✓ Norfolk needs a rebuild at minimum ✓ VB needs to relocate both ✓ Chesapeake needs another ✓ Suffolk needs another Recommendations ▪ Convey ownership of existing transfer sites to respective City • Program $5M cost share participation from SPSA per City for life of new Use and Support Agreement • Capital Maintenance costs born by respective City • Operational M&R born by SPSA The next steps for City Council are identified below: Next Steps ✓ 18 Oct 12: CAO's receive Technical Committee Progress Report ✓ 4`h Qtr CY12: Provide briefings to respective Councils/Boards * 1. Qtr CY12: Brief CAO's re: Resolutions and MOA process r 2nd Qtr. :Y13: Obtain Council/Board Resolutions regarding membership commitment to a Post 2018 SPSA "r Qtr 'JCY13: Draft MOA and obtain legal reviews 4th Qtr Y13: Municipality ratification of the MOA ✓ 4th Qtr CY13: SPSA Board submission of a comprehensive Landfill CUP application ✓ SN Qtr CY14: Draft Use and Support Agreements for the Post 2018 SPSA • 1^ Qtr CY15: Municipality ratification of Use & Support Agreements 3rd Qtr CY15: Commence negotiations with Wheelabrator for a WTE proposal • 3rd Qtr CY16: Finalize decision on Post 2018 Disposal Strategy 1'T Qtr CY17: Municipality ratification of the Post 2018 Disposal Strategy r 1rt Qtr CY 18: Stand up Post 2018 SPSA Mayor Sessoms thanked Mr. Hansen, his Team and the other South Hampton Roads Cities for all of their hard work on this project. March 26, 2013 -12 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT 5:20 P.M. ITEM #62654 Mayor Sessoms introduced and welcomed Patti Phillips, Director — Finance Department. Y Q _ 20. 3 udto Ae Fnancial Update Throuft ebru.,01 Overview 8 Months FY13 General Fund Revenues FY 13 General Fund Expenditures Next Steps March 26, 2013 -13 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62654(Continued) The General Fund has budgeted Revenue for the Fiscal Year of $969 -MILLION and Expenditures of $1, 034.8 -BILLION. Collected to date, the Revenues are $479.7 -MILLION and Expenditures are $691.2 - MILLION. FY 2013 General Fund Revenues and Expenditures Compared to Budget Thru February 28, 2013 (in millions) Annual YTD Budget Actual Variance Revenues Local (833% of budget) State (15.0% ofbudget) Federal ( 1.7% ofbudget) Total Revenues Expenditures City Operations School Operations Total Expenditures $ 807.8 $ 414.2 $ (393.6) 145.4 54.8 (90.6) 16.7 10.7 (6.0) $ 969.9 $ 479.7 $(490.2) $ 629.8 $ 421.4 $ 208.4 405.0 269.8 135.2 $1,034.8 $ 691.2 $ 343.6 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 49.5% of the estimated Revenue Budget: Percent of Total Revenues a X K X X X K h y 4 FY 2013 Year -To -Date General Fund Revenues Compared to Historic Trend at February 28, 2013 100 0% 31jpj YTD ACTUAL = $479.7M 78.5% ANNUAL BUDGET = $969.9M 49.5% ...... 45.4 % �.4 49 42.2% 45.2 % /% 49.2% ....... 55.4% 58.5% 41.9% 30.1% 26.5% 13.5% 9.0% 14.2% 19% 41% x�^'^� 4.1% 18% Jul Aug Sap Oet Nov Dae Jan Feb -+-Rev Trend -a. -%of FY13 Rev Budget N. Apr May Jun i March 26, 2013 -14 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62654(Continued) • Still need to collect 50.5% of revenues • Total Revenue follows the trend line • Includes Tax Relief for Elderly & Disabled of $15.7M • Includes delinquents from prior years • Several items are on a 1 - 2 month lag • Business License tax (BPOL) due in March 2013 - $42.4M • 2"d Real Estate installment due June 5, 2013 • Local Annual Personal Property tax due June 5, 2013 - $79.0M One of the most significant Revenue for the City is Real Estate which is at 52.5% of collection. Real Estate Revenues - General Fund Portion Only February 28, 2009 - 2013 FY 2009 FY 2010 FY2011 FY 2012 ®Act al Collections OYTO —% of Total *Tota Citywide Budget of $474.3M FY 2013 80% 80% 40%s 20% 0% 3 t March 26, 2013 -15- CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62654(Continued) Personal Property Taxes (exctuds PPTRA) February 28, 2007 - 2013 General Sales Tax is up by 3.7%from this time last year. 160 $45 — 130 — 915 10 General Sates Taxes February 28, 2009 - 2013 FY 2009 FY 2010 FY 2011 FY 1012 naa Actual Collections OYTD t%of Total FY 2013 — 100% e0% 60% $ 40% 20% 0% March 26, 2013 -16 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62654(Continued) General Sales Taxes % Change from FY12 to FY13 12.0% .- (compares to same month of prior year) 10.9% " Collections lag sales by 2 months eaj-Monihly %Change horn PY $25 820 515 - 810 - 05 - 60 $25.0 58.7% 14.6 Utility Taxes February 28, 2009 - 2013 $25.0 $25.4 60.4% 3.6% $24.9 60.9% $15.1 $15.2 513.8 BUDGET 525.7 2.7% 613.8 80% 60% FY 2000 FY 2010 FY 2011 FY 2012 FY 2013 Em Act al Collections OYTO -% of Total 0% March 26, 2013 -17 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62654(Continued) 925 520 — 915 — 510 — 55 — 90 520.8 541% $11.3 Telecommunications Taxes February 28, 2009 - 2013 521.6 $19.7 50.8% 5.2 $11.0 $10.9 $20.3 0.3% $102 BUDGET 519.3 —4. 2% 59.9 FY 2009 FY2010 FY2011 FY2012 FY2013 1 ®Acta ICollections oYTD .4...96 of Total B0% 60% 40% 3 $ s 20% 0% 950 — $40 ° 930 510 0 Business Licenses February 28, 2009 - 2013 8.1% Up from FY12 $41.0 5381 42.8% 44.8% 517.8 517.0 $41.3 38.5° $15.9 541.1 43.B% $18.0 BUDGET 542.4 45.9% 519.5 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 1 Acta ICollections OYTD f.s..%of Total I 605%, 40% 20% 0% X of Total Collections March 26, 2013 -18 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62654(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. Hotel Room Taxes - General Fund Portion Only February 28, 2009 - 2013 80% 90%S 9 40% 20% 030 — 925 — 920 815 — 95 — 90 Total Hotel Room Taxes February 28, 2009 - 2013 7.1% Up from FY12 $23.0 $22.8 781% $24.2 77.3% 78.1% $17.9 917.6 $25.6 74.5% $18.9 19.1 BUDGET 100% 924.9 82.2% 920.5 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 m91Actual Collections =YTDof Total j 80% 50% 40 20% o% ld %of Total Collections March 26, 2013 -19 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62654(Continued) ................... Hotel Room Taxes 8% Allocation (in millions) Total Hotel Room Tax FY13 Budget = $25.4M ®GF 2% ■ CBD TIF ■ TAP 1%/$1 D TIP 5% SB $I CBD TIF receives $500K annually r = `}- Hotel Room Tax = 8% plus $I room nights from GF ($222K) and TIP ($278K) Note: SB SSD has an additional 2 % % tax 15 The City continues to do well with this Tax and fully expects to make Budget. estaurant Meal Taxes - General Fund Portion Only February 28, 2009 - 2013 — 100% FY 2009 FY 2010 FY 2011 FY 2012 vActu (Collections CYTO mo -%of Total FY 2013 March 26, 2013 -20 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62654(Continued) Total Restaurant Meal Taxes February 28, 2009 - 2013 FY 2009 FY 2010 FY 2011 FY 2012 mmActual Collections oYTO ti—H of Total FY 2013 (in millions) Total Restaurant Meal Tax FY13 Budget = $55.2M aGF 3.5% ■ TAP0.5% o TIP 1.06% ■ OS 0.44% ix March 26, 2013 -21 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62654(Continued) Summary of City's General Fund -Revenues February 28, 2013 (in millions) * Real Estate Taxes Personal Property Taxes Pers. Prop. Tax Relief Act General Sales Tax Utility Taxes Telecommunications Taxes Business Licenses * Hotel Taxes Restaurant Taxes Charges for Services Other Local Revenues * State Revenues * Federal Revenues • GFportion only •• %does not include PPIRA portion F=Favorable A=Acceptable U=Unfavorable $ 439.0 $ 230.4 52.5 % F 79.0 16.9 21.4 U 53.4 6.5 12.2 A 54.1 33.5 61.9 F 25.7 13.5 52.7 U 19.3 9.9 51.2 A 42.4 19.5 45.9 F 5.6 4.6 82.4 F 35.1 23.6 67.2 F 54.4 32.4 59.6 A 53.2 29.9 56.3 A 92.0 48.3 52.5 ** U 16.7 10.7 64.2 U $ 969.9 $ 479.7 49.5 % F General Fund FY 2013 Expenditures • Total at February 28, 2013: • $691.2M, or 66.8%, of $1.035M Budget • Summary of Actual Expenditures Under Budget at June 30: millions !,... Vo of Total Budget Cl lndget 2008 (Actual) $55.5 5.1% $20.2 2.8% 535.3 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 March 26, 2013 II -22- CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62654(Continued) eneral Fund FY 2013 Expenditures b Type Annual YID Actual Budget E.penditures -7 Unencumbered Salaries Fringe Benefits Operating Expenses Capital Outlay Leases, Land Structures and Improvements Debt Service Transfers to Schools Transfers to CIP Transfers to Waste Management Transfers to Sheriff Transfers to Parks and Rec Transfers to Other Areas Reserve for Contingencies Total Expenditures by Type $ 241,551,798 $ 159,744 382 $ 81,807,416 99,500,858 58,807,533 40,693,325 157,068,775 116,794,138 40,274,637 7,684,141 6,664,983 1,019,158 5,056,037 2,872,988 2,183,049 48,083,117 30,215,685 17,867,432 404,990,906 269,751,483 135,239,423 29,481,451 19,654,301 9,827,150 14,749,178 9,832,785 4,916393 14,896,783 9,931,189 4,965,594 5,539,080 3,693,095 1,845,985 4,196,809 3,285,423 911,386 2,039,936 - 2,039,936 $ 1,034,838,869 $ 691,247,985 $ 343,590,884 Percent of Total 100.0% 66.8% 33.2% Percent of Total Expenditures v m e it FY 2013 Year -To -Date General Fund Expenditures Compared to Historic Trend at February 28, 2013 100.0% 93.0% YTD ACTUAL = $691.2M 86.3% ANNUAL BUDGET = $1,034.8M 69.8% 81.7% 66.8% 53.9 % 59.3% 45.7% ..°° 51.8% 38.1% ,56# 43 5 27.9% 36.1 % 19.2% /' 26.1% 0.8% ..r 18.2% 10.6% Jul Aug Sap Oct Nov Dee Jan Feb Mar t=+»Enpe dfure Trend —n—% of FYl3Exp Budget... Apr May Jun 22 March 26, 2013 -23 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62654(Continued) X aParcant MExPenMea M K' , i .141h111.4! 2013 YTD General Fund Revenues &Expenditures Compared to Historic Trend At February 28, 2013 1. 0.0% 93.0% ACTUAL REVENUES = $479.7M 77.1% ACTUAL EXPENDITURES= $691.2M 69.9°' 78.5% 61.7% 6.8% 53.974 .:."p 9.3% d51% 1.8 % 49.5% 49.2% 42.% 45.2% 38.1% 43.5% 55.5% 5 5.4% 27,�.9^%,,. 36.1% 30.1°. .,. 28.1% 26.5% 19.8% 18.2%% 14.2% 9.0% 10.8%4.1% 13.5% 1.8% 9.0% 4.1% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2, -t-Rev Trend -F% of F413 Rev Budget-e-Expendlture Trend a%.% of FY13 lap Budget 1 • Continue to monitor revenues in FY13 • Real Estate - June due date • Personal Property - April info, June due date O March Interim - April 23rd • FY 14 Budget adopted - May Mayor Sessoms thanked Ms. Phillips and her entire Team for their work. March 26, 2013 -24 - CITY COUNCIL COMMENTS 5:35 P.M. ITEM #62655 Councilman Uhrin advised the Shamrock Marathon had over 27,000 runners and approximately 4,700 kids completed the "Final Mile". Councilman Uhrin informed City Council two of the most successful tours in the City are to the military bases and any agricultural event. ITEM #62656 Councilman Moss referenced the City Manager's letter of March 22, 2013, on the Housing Resource Center. When the City purchased the property on Witchduck Road for the "Road", the City stated we were not prejudicial as to this would be the site for the Homeless Service Center and the City would have a separate deliberation to discuss when the time came as to what the best site would be. The nature of the aforementioned letter, the only solution being presented to the public is the location at Witchduck Road. Councilman Moss suggested offering Citizens more than a single choice when asking to give comments. Mayor Sessoms welcomed any suggestions from City Council. For years, the City has focused on trying to find a site for such a Homeless Service Center. Councilman Moss advised when City Council approves the Budget, the inference is City Council is approving money for this site, the funding is for the design of that site. Councilman Moss stated City Council will be voting on a site, indirectly, before actually ever approving it as the site, and expressed his concern. City Manager Spore acknowledged the concern and advised it was his hope that by the middle of May City Council would be comfortable enough with that site to have the funds available over the next 18 months for the design. ITEM #62657 Council Lady Ross -Hammond advised she met with a Citizen about the stormwater drainage yesterday and expressed her appreciation to Stafffor their assistance. March 26, 2013 -25 - AGENDA REVIEW SESSION 5:45 P.M. ITEM #62658 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K ORDINANCES 1. Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease with Dreamquest, LLC re an entertainment venue (cirque -style acrobatic performances) at Atlantic Avenue and 31.d Street 2. Ordinance to AUTHORIZE a Request for Bids to lease City -owned property in the 1000 - Block of Prosperity Road re developing and operating a Camp for children with special needs and disabled Veterans 3. Ordinances to EXTEND compliance of Conditions 1, 2 and 3 re closing portions of a. the unimproved right-of-way at Oakmears Crescent (relocated) b. the former Oakmears Crescent right-of-way (Princess Anne Road) 4. Ordinance to ACCEPT and APPROPRIATE $30,520 from Smart Beginnings South Hampton Roads re an Early Learning Challenge (ELC) Grant Initiative Item #2 shall be considered separately March 26, 2013 -26- A GENDA REVIEW SESSION ITEM #62658(Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of FRANK T. WILLIAMS for a Variance to §4.4 (b) of the Subdivision Ordinance to re -subdivide two (2) lots and ADD area at 5309 Morris Neck Road (DISTRICT 7 — PRINCESS ANNE) 2. Application of JAMIE COLE for a Modification of Condition No. 7 re landscape buffering (approved by City Council February 23, 2003) at 520 Dunkirk Court (DISTRICT 5 — LYNNHAVEN) 3. Applications of RIVERS OF LIFE, LLC (approved by City Council May 24, 2011): a. Conditional Change of Zoning from R-7.5 Residential to PD -H2 re residential development at 736 Newtown Road (DISTRICT 2 — KEMPSVILLE) b. Modification of Proffers Nos. 1 through 5 and No. 8 to EXPAND the land area and MODIFY the site layout at 736 Newtown Road (DISTRICT 2 — KEMPSVILLE) 4. Application of HOME ASSOCIATES OF VIRGINIA, INC, ROYAL COURT, INC. and CHELSEA PLACE CONDOMINIUM ASSOCIATION, INC for Modification of Proffer No. 8 of a Conditional Change of Zoning (approved by City Council May 13, 2003) re age -restrictions at Princess Anne Road, West of Cross Road (DISTRICT 7 — PRINCESS ANNE) 5. Application of LAURIE WOMACKfor a Conditional Use Permit re child daycare at 321 West Farmington Road (DISTRICT 6 — BEACH) 6. Ordinance to AMEND and REORDAIN Sections 1904 and 1905 of the City Zoning Ordinance (CZO) re setback, landscaping, lot coverage requirements and design incentives in the Old Beach Overlay District (DISTRICT 5- LYNNHAVEN) 7. Ordinance to AMEND the Comprehensive Plan to ADD the Centerville SGA Master Plan and REVISE the Plan's Policy Document to conform to the Master Plan Item #2 shall be WITHDRA WAN Item #6 shall be DEFERRED to April 23, 2013. March 26, 2013 -27- ITEM#62659 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: Kempsville District March 26, 2013 -28 - ITEM# 62659 (Continued) Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 5:45 P.M Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session 5:45 P.M. - 5:55 P.M.) March 26, 2013 -29 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MARCH 26, 2013 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, March 26, 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., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Vice Mayor Louis R. Jones [Dr. Pipkin was in the hospital] PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. March 26, 2013 -30 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 10, 2012, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identing any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. March 26, 2013 Item -V-E CERTIFICATION -31- ITEM #62660 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #62659 Page 28, 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. R Hodges Fraser, MMC City Clerk March 26, 2013 Item -V-F.1 MINUTES -32- ITEM #62661 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 12, 2013. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Rosemary Wilson March 26, 2013 -33 - ADOPT AGENDA FOR FORMAL SESSION ITEM #62662 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 26, 2013 -34 - Item -V-H.1 MAYOR'S PRESENTATION ITEM #62663 VIRGINIA SYMPHONY ORCHESTRA Mayor Sessoms introduced and welcomed Rony Thomas, Incoming Chairman of the Board and JoAnn Faletto, Maestro- Virginia Symphony Orchestra. Mr. Thomas expressed the Virginia Symphony Orchestra's Board and Management Team's appreciation for the City Council's support in the last year. The Symphony has reached out to the community and during the last year the Symphony has had PB&J Family Concert Series - 4 concerts at the Sandler Center. Attendance has increased and the Symphony has a new partnership with the Sandler Foundation to sponsor tickets for under -served children and their families. The Symphony held a "Young People's School Day Concert" — 6 concerts over 3 days attended by approximately 6,000 students. Mr. Thomas stated that although the `Arts" are suffering due to the Recession, the largest number of ticket sales is to Virginia Beach Citizens. Ms. Faletto, expressed her appreciation to City Council and recognized the wonderful "home" the Symphony has in Virginia Beach. Many of the musicians are Virginia Beach Citizens. Ms. Faletto advised the acoustics at the Sandler Center are wonderful and is a wonderful place to make music. The Symphony is working hard to add new audiences, including young people. Thank you for welcoming the Symphony and providing such wonderful venues to make music. Mayor Sessoms is happy to have such talented Musicians in the Symphony. The City has a tremendous asset in the Orchestra and appreciates each member's commitment to perfection and success. March 26, 2013 Item -V-H.1 CITY MANAGER'S PRESENTATION -35- ITEM #62664 FY 2013-14 OPERATING and CAPITAL BUDGET Mayor Sessoms introduced City Manager James Spore. Mr. Spore thanked the School Board and Staff for working with the City Council and Staff with the application of the new Funding Formula that was re- adopted last Fall. The Funding Formula has worked out very well and brought a lot of order to the Budget Process. Mr. Spore expressed his appreciation to the Superintendent and Chief Financial Officer as they have been very cooperative in working through this process. Mr. Spore thanked the Department Directors for their Budget Submissions as these are very tight times and putting the Budget together is not something that is easy for them to do. Mr. Spore advised, as an "overview ", the Budget proposes for total expenditures a 3/10`'` of 1% increase. In fact, going back to Fiscal 09, the first full year of the Recession up to the present proposed Budget, it is a %z % increase in expenditures for the City and Schools for the total 5 years. That is an amazing accomplishment. Cities around the United States are essentially on their own in terms of providing services for their citizens as the Federal and State Governments continue to cut back assistance to the cities, the "rubber meets the road" at the local City Council level, as we all know too well. City Council has had to make tough decisions to increase some rates and fees and will receive recommendations for some additional adjustments. The CPI, during the Budget period, has averaged an increase of 2.0% per year. The City has been very responsible in terms of dealing with expenditures during the Recession and it's impacts, all while trying to provide a responsible mix of services that citizens have come to expect in this great City. Mr. Spore thanked the Schools, Department Directors and the Management Services Staff for all the hard work in bringing this proposed Budget together for consideration. Mr. Spore introduced Catheryn Whitesell, Director — Management Services, to make the presentation: FY 2013-14 OPERATING BUDGET AND SIX-YEAR CAPITAL IMPROVEMENT March 26, 2013 Item -V-H.1 CITY MANAGER'S PRESENTATION -36- ITEM #62664(Continued) Ms. Whitesell advised this presentation marks the beginning of a formal review of program and project requirements for the Fiscal Year 2013-2014. After tonight, the City has five (5) City Council Workshops to review, in detail, what is included in the Operating Budget and the Capital Improvement Program. Citizens have three (3) opportunities for input — 2 Public Hearings and 1 informational meeting. A complete schedule is provided at the end of this presentation. Ms. Whitesell advised the Budget and CIP have been presented in a time of deep Recession for the past four (4) years. This year, the economy is improving, including housing, but the City is facing huge uncertainties in terms of the Federal Budget and Sequestration. Earlier this month, City Council was Briefed on steps that can be taken if revenues are impacted by the Federal Budget. The Proposed Budget and CIP represent a minimal increase in costs, less than inflation, even with several major facilities opening and new mandates facing the City. The minimal increase is possible due to the efforts of Staff to control costs and improve efficiencies. The reality is new costs are being absorbed through these efforts. This does not mean that the Proposed Budget does not recommend some minor taxes and fees to pay for the costs of specific programs and projects, such as economic development initiatives, stormwater draining improvements, navigational channel dredging and the costs of special events. City Council recently adopted the 2040 Vision and Staff believes the Operating Budget and CIP laid the foundation to achieve that Vision. There is a great deal included in the Budget/CIP which is maintenance of effort. This is not a Budget of big initiatives or programs, the City is still recovering from the worst Recession in our history, but both the Budget and CIP support this Vision by focusing resources on areas such as transportation, community and learning. The Budget and CIP are both organized around the Cities seven (7) Core Business Areas identified at the bottom of the slide below. The "Word Map" developed from the communities discussion of what Virginia Beach will be in 2040, indicates how elements of each Business Area supports specific areas articulated. The Government, itself cannot move the City to 2040, but it does lay the necessary foundation. Without safe neighborhoods, excellent schools, a functional transportation network and a real safety net for families, the rest may be impossible. 2040 VISION AND THE. BUDGET Safe Community Family andYouth Quality Education Cultural and Recreational Quality Physical Environmen Quality Organization March 26, 2013 Item -V-H.1 CITY MANAGER'S PRESENTATION -37- ITEM #62664(Continued) This graph illustrates the disbursement of funding into major functional areas. Utilities, which include water, sewer and stormwater infrastructure maintenance receives the largest portion funding — all of which is covered by Utility Fees. The Schools, at 18% is the largest "non-utility" allocation. Funding for School Projects includes the construction of Old Donation/Kemps Landing Magnet School and the replacement of John B. Dye Elementary School. Three other schools are receiving initial funding, (Princess Anne Middle, Princess Anne High School and Thourougood Elementary). CAPITAL IMPROVEMENT PROGRAM ALL SIX YEARS OF FUNDING Parks and_ Recreation 7% _Economic & Tourism 79% Roadways 161% ..,Communication & Information Technology 3.2 March 26, 2013 Item -V-H.1 CITY MANAGER'S PRESENTATION -38- ITEM #62664(Continued) Ms. Whitesell advised another way to view this CIP is new versus replacement. The majority of the CIP is for replacement and expansion of existing roads, schools and buildings. 3% goes to programs such as Open Space that acquire property. One area that the City continues to work on is a long term financing plan for technology. So much of what the City does today and how we interact with citizens is reliant on technology. This year's CIP provides an average of $6 -MILLION each of the six years, which is $1 - MILLION more than the previous CIP. CAPITAL IMPROVEMENT PROGRAM ALL SIXYEARS OF FUNDING Not replacement tnctudeSdTe.replacement of fire tru a as wallas r no on of buildings The Capital Budget is the first year of the Six (6) Year Program. This year's Capital Budget is $276.7 - MILLION, which is slightly less than the current year's Capital Budget. A significant amount of the Roadway funding is `front -loaded" into the first year of the CIP. Roadways are receiving $81.7 - MILLION in the Capital Budget or 42% of the total six (6) year funding in the first year. This includes the 2% Real Estate dedication to transportation that was provided by City Council in the current year's Budget. Of the $276.7 -MILLION, 56% is funded by dedicated Revenue Streams. CAPITAL BUDGET (YEAR 1 OF SIX-YEAR PLAN) ProjectTyp 2013, Schools Roadways Buildings Parks and Recreatio Economic and Tourism Development Communications and Information Tectioology 'rota $36.4 million' $81.7 million $18.4 million $14;6 million $66.5 million $19.0 million $32.3million $11.8 million Capital Budget $276.7 million March 26, 2013 Item -V-H.1 CITY MANAGER'S PRESENTATION -39- ITEM #62664(Continued) During the Recession, the City reduced non -dedicated, pay-as-you-go funding in the CIP to retain current revenues in the Operating Budget, thereby protecting services and programs that are delivered to the Citizens. This drop in non -dedicated, pay-as-you-go from the pre -Recession level of $20 -MILLION to $4 - MILLION in the proposed Capital Budget. This strategy is being continued again this year. While the Revenue situation is improving, it is not improved sufficiently to allow the City to restore non -dedicated pay -go funding. The proposed CIP does increase the non -dedicated pay-as-you-go funding from $4 - MILLION to $10 -MILLION over the program. The proposed Capital Budget is using $31 -MILLION in Fund Balance, the majority $23 -MILLION of that is from the General Fund. This is normal for the CIP to use fund balance to fund projects, the amount includes the off -set for the reduction in pay-as-you-go mentioned earlier. CAPITAL BUDGET (MEANS OF FINANCING) Type of Financing 2013.14 Pay-as-you-go_ General Fund Balance Other Fund Balance/Retained Earnings State and Federal Funds Bonds and Lease Purchases Other Sources Total Finan+ $52.9 million $23.4 million' $8.1 million $24_5 million $152.5 million $10_3 million $276.7 million', The City plans to return the non -dedicated pay-as-you-go funding back to pre -Recession levels as quickly as possible. The proposed Capital Budget increases Cigarette Tax 5Q to provide additional funds to attract businesses and jobs to the City. The proposed Capital Budget reinstates personal property tax on pleasure boats. CIP FINANCING STRATEGIES Increase over the six year pian the use of pay -go funding. Increase dedicated funding to support projects Cigarette tax is increased 5e, to support Economic Development Projects Boat Tax on pleasure boats is reinstated at $ I per $100 of value to fund navigation channel dredging backlogs (the taxes on commercial boats and recreational vehicles is proposed to decrease to $ 1 ,per $100 of value} Previously approved increases to Storm Water ERU and Sewer rates l flooding and ►Increase use of storm; water debt to advance crit ica oo g maintenance projects while staying with approved rate structure. Transfer the 2 real estate rate increase,City Council approved lash year, from the operating budge to the IP to support transportation funding. :enance and other projects. March 26, 2013 Item -V-H.1 CITY MANAGER'S PRESENTATION -40- ITEM #62664(Continued) Several Key Projects are included in the proposed CIP as identified below: KEY PROJECTS ► Eastern Shore Drive Drainage (formerly Cape Henry Beach) Replacement of Kellam High School (opens in 2414) ► Lesner Bridge s Indian River/Kempsville Intersection Improvements Arctic Avenue Parking Facility (fsanded throughTlP Fund) Replacement of 4u' Police Precinct Blackwater Firs and Rescue Station Replacement Modernizations of Bow Creek and Kedging le Recreation Centers Eastern ranch ofth Lynnhaven Dredging Project PacificAvenue improve[nents (fended throughTlP`Fund) OPERATING (Total 61j BUDGET' March 26, 2013 Item -V-H.1 CITY MANAGER'S PRESENTATION -41- ITEM #62664(Continued) Several months ago, the City began utilizing a web -based package to allow citizens to provide input into City programs. In January, Management Services used the program to ask citizens three (3) questions(1) How would they prioritize services using Five Hundred Dollars ($500.00); (2) What, if anything, they would add to the Budget; and (3) Would they be willing to absorb slightly higher taxes or fees to help fund their top priorities. In addition to these questions, citizens could offer comments on any of the questions or about the Budget itself. 445 Citizens logged in and viewed the information with only 57 of them participating in the questions. Schools were excluded from the questioning. Public Safety ranked first and Road Construction and Maintenance 2"d. VIRTUAL TOWN HALL In January we ask citizens to indicate their priority for certain city services by allocating $500 445 citizens viewed the information and 57 participated in the question. Am Allocated Public Safety Road Construction & Maintenance Water, Sewer. Storm Water & Coastal Arts and Humanities & $144', $77 $48 $40� Recreation Human Services�� Trash Collection, Disposal, Gen -el -al Government conomic Development $3 I Housing and Neighborhood preservation $25 Financial $25 cling $39 $39 32i 47% of all funding in the Operating Budget goes to the School System. Public Works, Planning and Utilities are 2"d highest in the budget with 13.4%. These programs ranked 2"d and 3'd on the prioritization by the citizens. OPERATING BUDGET Human Services, Health & Housing 7.7% Z General Gov't & Financial 5.8% Public Works,. Planning & Utilities 13.4% Recreation, Libraries, & Cultural Affairs 4.4% Gen. Fund Pay -go to CIP 3.01 Public Safety 12.0°i Schools & Debt Svc 47.0% Tourism & Economic f 4.I Gen. Fund Debt Service 2.6% March 26, 2013 Item -V-H.1 CITY MANAGER'S PRESENTATION -42- ITEM #62664(Continued) Operating Budget Revenues increase less than 1%. The table below illustrates Real Estate Tax Revenue declined by $1.8 -MILLION, driven by the decrease in assessments. Indications of a strengthening economy, new car sales remain strong. General Sales and Business License Revenues are also improving. In terms of sustainability, the City has significantly reduced reliance on the Fund Balance. The use of General Fund Balance decreased from $21 -MILLION TO $2 -MILLION in the Proposed Budget. Overall, the Proposed Budget increases $5.5 -MILLION over last year. OPERATING BUDGET REVENUES {IN MILLIONS) FY 2012 -13,_ -_FY 2013-14 Variance Real Estate Personal Property General Sales Utility, Cable &Telecommunications Business License Restaurant, Hotel '& Amusement Taxes Utility;&Waste ManagementFees Other Revenue and Fees State and Federal Revenues�l Fund Balance $474.3 $472.5 $(32.4 $140.3 $54.1 $58.0 $52.5 $51.8 $42.4 $42.8 $92.6 X155.6 $168.5 512.9 3.2 $158.4 $5.2j .8 $562.3 x($1.5) 2.9 $27.1 ($25.8) $1,774.3 $5.5 ($1.8)_] $7.9 $3.9% ($0.7) $0.4 $5.0, Several Tax and Fee Increases are proposed as defined below: TAX AND FEES a Raise the solid waste fee by $3.00 to 513.00 per month Raise the tax on cigarettes by 5e to support economic development activities w Raise Personal Property Tax on pleasure boats from the current rate of $0.000001 per $100 of value to $1.00 per $100 value to provide a consistent revenue source for navigation channel dredging in light of potential federal funding reductions Lower the Personal Property on cornmercual boats, recreational vehicles. and airplanes from the current $1.50 per $100 of value to $1.00 per $100 of value. Increase various fees including special evenr fees and development fees to offset the cost of delivering the service. (complete list on page 66 of the Executive Summary) Previously approved, Storm Water ERU r4 Sever rate increase lbw increase of $1.52per month and a of $2.90 per month on 5,000 gallons March 26, 2013 Item -V-H.1 CITY MANAGER'S PRESENTATION -43- ITEM #62664(Continued) The local contribution to the School System is a key component of the City's Budget. City Council and the School Board adopted a new Revenue Sharing Formula. The Formula makes up the majority of local contribution to Schools with the two elements of the Formula highlighted in the chart below. The City must cover the State's required SOQ Match, which is determined by the State Department of Education based on the Composite Index and student enrollment. This year's SOQ Match decreased by $3 - MILLION. It would have been approximately $1 -MILLION higher had the School Board accepted the Governor's 2% pay raise for only the SOQ required Teachers. The School Board indicated that they would need an additional $3.2 -MILLION in Local Funding to accept the Governor's pay raise to cover all of their positions. The City is providing nearly $218 -MILLION more than the mandated level of funding. LOCAL CONTRIBUTION TO SCHOOLS (IN MILLIONS) ration Only 2012-13 20 14; Variance Dedicated 4n Real EstateTax School Board's Diecis n to move Sandbridge Surplus fromoCIP to Opera Budget City Council's Decision to provide ro General Fund Balance S ho _o Local Contribution General Fund Non -Dedicated LocalTaxes Less:Required SOQ Match $757.9 $769.7 $165,2 $162.2 ($3.0)1 Remaining Non -Dedicated Local Taxes $592.7 $607.5 Formula% 32.37 32.37% Discretionary Local Match $191.9 $196.6 $4.7 $19.2 50.0 ols .. 9.2 387..5 This slide provides expenditures by major categories: EXPENDITURES (IN MILLIONS) 'Y 20I12- FY201!z Personnel Fringe Benefits 5792.2 5792.8 $0.6 $303.8 5296.6 ($7.2) 5442.2 $439.6 ($2.6) $17.3 $2.0 $156.1 $03 52.9 $7.3 Operating & Supply Accounts Capital Outlay (equipment) Debt Service Pay-as-you-go to CIP Reserve for Contingencies Total Operatic'( 13.9 $19.0 $5.1', $1,768.8 $1,774.3 $5.5 March 26, 2013 Item -V-H.1 CITY MANAGER'S PRESENTATION -44- ITEM #62664(Continued) Like the financing strategy for the CIP, there were several strategies applied to funding the Operating Budget. First and foremost, the Proposed Budget reduces the use of Fund Balance to support the Operating Budget. MOVES TOWARDS SUSTAINABILITY ti Reduce use of fund balance in the Operating Budget I. Sequestration Reserve and Fund Balance o- Manage cost of the tax' relief for the elderly and disabled program ► Reduce staffing in solid'. waste by redesigning routes F. Manage overtime costs Provide standby pay mai erpreting FLSA surrounding communities Continue to work with the Process improvement Steering Committee and Hampton Roads Partnerships Shared Services Committee to focus on ways to improve service delivery while reducing costs During the Recession, the City used fund Balance in the Operating Budget for the first time in over 27 years. It was necessary and appropriate to draw on the City's savings accounts during this time to protect services to the citizens to continue to move forward in continuing to attract visitors and jobs to the City. At the peak, the City was using $21 -MILLION of Fund Balance to maintain operations not sustainable over the long term. The Proposed Budget reduces the use of Fund Balance to 1.5% of the total and General Fund Balance from $21 -MILLION to $2 -MILLION. REDUCE USE OF FUND BALANCE IN THE OPERATING BUDGET 3.5% -/ 3.0% y 2.5% 2.0% i' I.5% .0% 0.5% 00% March 26, 2013 Item -V-H.1 CITY MANAGER'S PRESENTATION -45- ITEM #62664(Continued) The Proposed Budget also reduces the exemption portion of the Tax Relieffor the Elderly and Disabled Program by $5, 000. The proposed reduction will save $1.1 -MILLION. MANAGE COST OFTHETAX RELIEF FOR THE ELDERLY AND DISABLED PROGRAM ► This program costs $14 million (the State mandated disabled veterans program adds another $2 million) t- Even with the proposed reduction of. $5,000 foreach threshold level, Virginia Beach offers the most generous level of relief The proposed reduction will cavi $1.1 million IncomeThreshold for 100% temptionfrom Real Estate Tax h $0.00 847,100 $0.00 - $42,100 Suffolk $0.00 - 541,479 Norfolk 50.00 - 528,611 Chesapeake; $0.00 - $22,000 Hampton $0.00 - $25.000 Portsmouth $0.00 - $21,000 port News No Exemption The Proposed Budget plans for Sequestration by setting up a Reserve for Contingency account of $2.7 - MILLION. PLANNING FOR SEQUESTRATION rr The Proposed Operating Budget includes two Sequestration Reservations: There is a Reserve for Contingency account of $2.7 million in the General Fund. $9.8 million within the General Fund Balance is designated to offset potential economic impacts to our revenue streams. We will provide the first economic indicators report to City Council at the end ,ofthe month per the Plan we outlined to Council on February 28th. March 26, 2013 Item -V-H.1 CITY MANAGER'S PRESENTATION -46- ITEM #62664(Continued) Compensation in the Proposed Budget is not nearly where the City would like it to be. Coming out of the Recession and facing the potential impacts of the economy of Federal Sequestration, it was simply not sustainable to do more. The Proposed Budget provides a 1.34% salary adjustment: 1% mandated offset to the required VRS employee contribution; and 0.34% to offset the impact of the pay increase on employee 's taxes. COMPENSATION This is the second year of having employee's pay a portion of their retirement cost as required by State Law. "Plan 1" City Employees will pay 2% of their salary towards their VRS cost, and the City will contribute ,18.68% of the employee's salary "Plan 2" City Employees already pay the full 5% of their salary towards their retirement costs, and the City contributes 15.68% r School Employees are all "Plan 1' and pay 2% of their salary towards theirVRS cost with the School System contributing14.96% of the employee's salary r All full-time City and School employees will receive a 1.34°' salary adjustment. i% is the mandated offset to the requiredVRS employee contribution (employees received 1% last year I 9.34% is to offset the impact of the pay increase on employee's taxes City and School player's cont ribution to health insurance increased by $4.5 million. The Proposed Budget does allow for new and expanded programs for critical areas identified below: NEW & EXPANDED PROGRAMS n 2 paramedics to support volunteers at the new Town Center Station I position in EMS to meet the mandate for electronic medical records 5 new call takers and supervisors for the E91 I call center due to increased calls 5 new engineers in PublicVVorks: 2 to manage SGA implementation projects I for parks and recreation projects including the modernization of Recreation Centers I to support the neighborhood dredging program > 1 for the City's use of transportation modeling in making constructio i decisions 3 software development staff for mobile applications in response to City Council retreat discussions 12 new staff in Humans Services Item -V-H.1 March 26, 2013 -47 - CITY MANAGER'S ITEM #62664(Continued) PRESENTATION Below is the Budget Schedule for the next several weeks. WORKSHOPS & PUBLIC MEETINGS Tuesday, April 2,d Budget Workshop Conference Room Thursday, April 4th Budget Information Meeting Staff &A Convention Center Q Tuesday, April 9th BudgetWorkshop Conference Room Tuesday, April 16th Budget Workshop Conference Room Thursday, April 18th" PublicHearing Tuesday. April 23 d r. BudgetWorkshop; Public Hearin. Virginia Beach Middle School Conference Room Council Chambers Tuesday, May 7rh Ri tion Workshop Conference Room he Operating Budget and provement Program The Mayor thanked Ms. Whitesell and the entire Management Services Team that worked on this project. March 26, 2013 -48 - Item -V-J.1 PUBLIC HEARING ITEM #62665 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY -OWNED PROPERTY Atlantic Avenue and 3rd Street There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 26, 2013 -49- Item-V-J.2a PUBLIC HEARING ITEM #62666 Mayor Sessoms DECLARED A PUBLIC HEARING: TRANSFER PROPERTY TO THE DEVELOPMENT AUTHORITY 19th , 20`h Streets The following individuals registered to speak: Henry Ryto, 408 Jasper Court, Phone: 288-5855, spoke in favor of the transfer of property to the Development Authority. Mr. Ryto spent seven (7) years on the Resort Advisory Commission and during that tenure, there was a study conducted by Continental Research, showing 47% of the residents would spend more time in the Resort Area during the Season if not for parking issues. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 26, 2013 -50- Item-V-J.2b PUBLIC HEARING ITEM #62667 Mayor Sessoms DECLARED A PUBLIC HEARING: TRANSFER PROPERTY TO THE DEVELOPMENT AUTHORITY Arctic and Baltic Avenues There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 26, 2013 -51 - Item -V-K1 PUBLIC COMMENT ITEM #62668 Mayor Sessoms DECLARED A PUBLIC COMMENT: 19`" STREET PARKING FACIILTY There being no speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT. March 26, 2013 -52 - Item —V -L ORDINANCES ITEM #62669 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items 1, 3a/b, and 4. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 I I I -53- Item -V-L.1 ORDINANCES ITEM #62670 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease with Dreamquest, LLC re an entertainment venue (cirque -style acrobatic performances) at Atlantic Avenue and 3'd Street Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 MONTHS, WITH A ONE (1) MONTH EXTENSION 4 OPTION, WITH DREAMQUEST, LLC, FOR 35,720+/- 5 SQ. FT. (0.82 ACRES) OF CITY -OWNED 6 PROPERTY LOCATED AT THE SOUTHWEST 7 CORNER OF 3RD STREET AND ATLANTIC AVENUE 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of land 10 located at the southwest intersection of 3rd Street and Atlantic Avenue (GPINs: 11 2427-32-0138, 2427-32-0193, 2427-32-0057, 2427-22-9184, 2427-22-9150, 12 2427-32-0006 and 2427-31-0964) (collectively, the "Property"); 13 14 WHEREAS, Dreamquest, LLC, a Virginia limited liability company, 15 ("Dreamquest") desires to lease approximately 35,720 sq. ft. (0.82 acres) of the 16 Property from the City for a period of five (5) months, with a one (1) months 17 extension option; 18 19 WHEREAS, Dreamquest proposes to provide an entertainment venue for 20 cirque -style acrobatic performances, and for no other purpose; 21 22 WHEREAS, Dreamquest has agreed pay the City $7,500 per month for 23 the use of the Property; and 24 25 WHEREAS, Dreamquest has also agreed to make certain improvements 26 to the Property, as specified in the Summary of Terms attached hereto as Exhibit 27 A. 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 a term 33 of five (5) months, with a one (1) month extension option, between Dreamquest, 34 LLC and the City of Virginia Beach, for the use of approximately 35,720 sq. ft. 35 (0.82 acres) of City -owned property, in accordance with the Summary of Terms, 36 attached hereto as Exhibit A, and made a part hereof, and such other terms, 37 conditions and modifications as may be acceptable to the City Manager and in a 38 form deemed satisfactory by the City Attorney. 39 26th 40 Adopted by the Council of the City of Virginia Beach, Virginia on the 41 day of March , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Public Wor/ Facilities Management CA12551 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D013\P018\00061039.DOC R-1 March 14, 2013 Gua4.6- City Attorney EXHIBIT A SUMMARY OF TERMS LEASE OF CITY -OWNED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 3RD STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City") LESSEE: Dreamquest, LLC, a Virginia limited liability company PREMISES: Approximately 35,720 sq. ft. (0.82 acres) of City -owned property located at the southwest corner of 3rd Street and Atlantic Ave (GPINs: 2427-32-0138, 2427-32-0193, 2427-32-0057, 2427-22- 9184, 2427-22-9150, 2427-32-0006 and a portion of 2427-31- 0964) TERM: April 15, 2013 through September 14, 2013, with a one (1) month extension option RENT: $7,500 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for a cirque -style acrobatic performance facility and for no other purpose. • Make necessary site improvements, including but not limited to grading, installing privacy fencing, landscaping and shrubbery around the perimeter of the Premises, at its sole expense. • Responsible for all utilities associated with the use of the Premises. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than two million dollars ($2,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain all necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. TERMINATION: • The City may terminate the Lease for any public purpose upon sixty (60) days' prior written notice. -54 - Item -V-L.2 ORDINANCES ITEM #62671 The following individuals registered to speak: Renee Bradshaw, 1088 Tree Fern Drive, Phone: 377-3045, President of Birdneck Lake Home Owner's Association, requested City Council reconsider the authorization to begin the request for bids on this property. The major concern is how this will impact the 85 acres of growing wetlands, which is approximately 75% of the property. This development will also impact the neighborhood lake. , The neighborhood arranged and met with the VA Gentleman 's Foundation. The Birdneck Lake Home Owner's Association has requested the Army Corp of Engineer's and/or DEQ to become involved and would like this incorporated into the Lease. Teresa Mills, 949 Kela Crescent, Phone: 286-2411,spoke in opposition to the location of this Camp. Ms. Mills advised there is no room for expansion without affecting the Wetlands. Karen Jacobs, 1225 Tree Fern Drive, Phone: 422-0973, spoke in opposition to the location of this Camp. Ms. Jacobs does feel this Camp is needed. These Wetlands should remain protected and the City should consider alternate locations for this Camp. Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council ADOPTED, Ordinance to AUTHORIZE a Request for Bids to lease City -owned property in the 1000 -Block of Prosperity Road re developing and operating a Camp for children with special needs and disabled Veterans Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 1 AN ORDINANCE TO AUTHORIZE ISSUING A 2 REQUEST FOR BIDS TO LEASE 69+!- ACRES 3 OF CITY -OWNED PROPERTY LOCATED ON 4 THE WEST SIDE OF THE 1000 -BLOCK OF 5 PROSPERITY ROAD FOR THE PURPOSE OF 6 DEVELOPING AND OPERATING A CAMP FOR 7 CHILDREN WITH SPECIAL NEEDS AND 8 DISABLED VETERANS 9 10 WHEREAS, there shall be granted, in the mode prescribed by Article 1, Chapter 11 21, Title 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter 12 specified, a lease of 69 acres of City -owned property located on the west side of the 13 1000 -block of Prosperity Road (portion of GPIN 2416-70-8636); 14 15 WHEREAS, such lease shall be granted for the purpose of developing and 16 operating a camp for children with special needs and disabled veterans upon the City - 17 owned property; and 18 19 WHEREAS, such lease shall be granted in excess of five (5) years, and as such 20 is required to be advertised to the public and subject to bid as prescribed by law; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Clerk shall cause to be advertised once per week for two 26 successive weeks, in a newspaper having general circulation in the City, a descriptive 27 notice of the proposed ordinance granting such lease. In addition, the Clerk shall, by 28 such advertisement invite bids for the privileges and rights proposed to be granted by 29 such ordinance, which bids shall be in writing and shall be delivered to the Mayor, or in 30 the absence of the Mayor, to the Vice -Mayor, in open session at the day and hour 31 specified in such advertisement. The bids shall then be presented to the City Council by 32 the Mayor, or in the absence of the Mayor, by the Vice -Mayor, to be dealt with and 33 acted upon in the manner prescribed by law. Such advertisement shall expressly 34 reserve the right to reject any and all bids, and the successful bidder shall be required to 35 pay all costs of advertising such ordinance in addition to all other sums required under 36 such lease. 37 38 Adhopted by the Council of the City of Virginia Beach, Virginia, on the 26th day 39 of Marc , 2013. APPROVED AS TO CONTENT: CA12549 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D008\P017\00046240. DOC R-1 March 12, 2013 644dtt441 Public Notice: Bids for Lease of City Property Notice is hereby given pursuant to an ordinance approved by the City Council on March 26, 2013, that bids shall be received for a lease of: 69+/- acres of City property located on the West Side of the 1000 -Block of Prosperity Road (a portion of GPIN 2416-70-8636) Said property shall be for the purpose of developing and operating a camp for children with special needs and disabled veterans. Bids shall be received by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chambers, City Hall Building, Municipal Center, Virginia Beach, Virginia, on April 23, 2013 at 6:00 p.m., and after the receiving and opening of bids, the Council will either proceed with the consideration of the ordinance awarding the aforesaid lease or will defer the matter to a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. A copy of the proposed ordinance, including the lease to be awarded thereby, is on file and available for inspection during normal business hours in the office of the City Clerk. Ruth Hodges Fraser, MMC City Clerk BEACON — 4/7/13 and 4/14/13 -55- Item-V-L.3a/b ORDINANCES/RESOLUTIONS ITEM #62672 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to EXTEND compliance of Conditions 1, 2 and 3 re closing portions of a. the unimproved right-of-way at Oakmears Crescent (relocated) b. the former Oakmears Crescent right-of-way (Princess Anne Road) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF THE 4 UNIMPROVED RIGHT-OF-WAY KNOWN AS 5 OAKMEARS CRESCENT (RELOCATED) 6 CONTAINING 54,378 SQ. FT. 7 8 WHEREAS, on April 10, 2012, City Council acted upon the application of 9 the City of Virginia Beach (the "Applicant") for the closures of a portion of unimproved 10 right-of-way as shown on Exhibit A attached hereto; 11 12 WHEREAS, on April 10, 2012, City Council adopted an Ordinance (ORD - 13 3226N) to close the aforesaid portion of unimproved right-of-way, subject to certain 14 conditions being met on or before April 9, 2013; and 15 16 WHEREAS, on March 6, 2013, the Applicant requested an extension of 17 time to satisfy the conditions to the aforesaid street closure action; 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 20 Virginia Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on April 10, 2012 (ORD -3226N), upon application of the City of Virginia Beach 24 is extended to April 9, 2014. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27 26th day of March , 2013. 28 29 GPIN: Right-of-way / no GPIN assigned 30 Adjacent to GPINs 1466-68-6554, 1466-68-2683, 31 1466-68-3419, 1466-68-3411, and 1466-68-4219 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA12546 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D008\P022\00060417. DOC R-1 March 14, 2013 APPROVED AS TO CONTENT: Pla ing epartment EXHIBIT A VIRGINIA BEACH FINANCIAL CENTER, INC. 1466-6S-3659 (0.8.. 4243. P. 1457) (ha 76, P. 53) 32. P. 50) i toi1e5wN'FASv;Ami.-f%1 tp.Or 1r47 0053(100DES ?NO 1:20 2C 1 COMAla 9 7CS41) C0577/VG! 4YLE sc. Et/m.4V 044ww • 0+9 4.17. '. Ctfl4, P. 570 it AKIN 1.0:-.AT4Y4 CASDIENI a COMM Mk. Mfg ((MERV irfs--o} /As row P 5641 , / I WAR TEMPORARY C-01611RUCTION CARMEAD [a.61 2001101 0/1219673) PROPOSED ShaEti CLOSURE (34,378 SO. fr„ 1248 Aa) kciP WIN Milkahtu1". ORM`ga EASOIEMT 1 iftST 20091019501219670} /I JIMMY V. ROSE 1466-68-5709 (0.13. 247S, P. 1217) (113, Is', P. 21) n/T OAKMEARS 1VESTORS. LLC 1466413-6554 (0.8 4441, P. ;601) (M.B. 170. P. 42) 1 EOSCI.0.1 200;t7519000551.170 f1hi.1 20100032100 121553) (0,6Fc4/74- ‘_4( /17e7A. % , , Ng' (.0. .2/4:7 THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH - 1466-7B-1350 (0.6. 138, P. 499) (WI 242. P. 40) SEE SHEET 2 2 10R ADDII0N4 NOTES AND CURVE DATArABLE mif KE PSVILLE OFFICE PARK '‘4 CC:WV(MIN UV) 1466 -El -6515 xST 2003061100119664) OW 200306110099653) 9 J) 404.- f dacim kstaiteltor Load 5o-v*1 Co(41 Emovettlel wols214,corn 757.431.1041 147 11.6111C MI ST MO WOO. DEZ GA.Dichk: DO/els STREET CLOSURE EXHIBIT SHEET 1 OF 2 OF 54,378 SQ. FT, (1248 AC.) of OAKMEARS CRESCENT ADJACENT TO LOT 56, 1131PS17ILLE OFFICE PARE ( B . 170, P. 42), Fiwrizz, SECTION Fin (14.8. 87, P. 18), property of VICENTE N. RONO, JR. de coNaint N. RONO (14.8. 146. P. 32), PARCEL 1, RESTIEERE iMB. 32. P. 50), LOT 7, ICEMPSVIILE OFFICE PAU (14./.1. 114, P. 21) and plat of MPS LANDING SCHOOL N.B. 242, P. 40 KAM RECORDED IN THE CLERICS OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH. VIRGINIA VIRGINIA BEACH, VIRGINIA For VIA BEACH ECONOMIC DEVELOPMENT SCALE: 1" = 100' 10 FEBRUARY, 2012 PLAT: oN: 2l 1 —034B VIRGINIA BEACH. VIRGINIA I 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF THE 4 FORMER OAKMEARS CRESCENT RIGHT - 5 OF -WAY NOW PART OF PRINCESS ANNE 6 ROAD (RELOCATED), CONTAINING 2,129 7 SQ. FT. 8 9 WHEREAS, on April 10, 2012, City Council acted upon the application of 10 the City of Virginia Beach (the "Applicant") for the closures of a portion of the former 11 Oakmears Crescent right-of-way, now part of Princess Anne Road (Relocated), as 12 shown on Exhibit A attached hereto; 13 14 WHEREAS, on April 10, 2012, City Council adopted an Ordinance (ORD - 15 3226K) to close the aforesaid right-of-way, subject to certain conditions being met on or 16 before April 9, 2013; and 17 18 WHEREAS, on March 6, 2013, the Applicant requested an extension of 19 time to satisfy the conditions to the aforesaid street closure action; 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 22 Virginia Beach, Virginia: 23 24 That the date for meeting conditions of closure as stated in the Ordinance 25 adopted on April 10, 2012 (ORD -3226K), upon application of the City of Virginia Beach 26 is extended to April 9, 2014. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 29 26th day of March , 2013. 30 31 GPIN: Right-of-way / No GPIN assigned 32 Adjacent to GPIN 1466-68-6554 APPROVED AS TO LEGAL APPROVED AS TO .)NTENT: SUFFICIENCY: City Attorney Planning partment CA12545 \\vbgov.com\DFS1\Applications\CityLawProd\cycom321Wpdocs\D012\P016\00060960.DOC R-1 March 14, 2013 EXHIBIT A N 582907" E 1.75' 15' DRAINAGE EASEMENT (M.B. 114. P. 21) 10' EASEMENT OF DOMINION VA POWER (FORMERLY VEPCo) (D.B. 1706, P. 321) N 17'1652" W 49.31' / / / /,' '� / / �// JIMMYNV ROSE / \ 1466-68-5709 (0.8. 2479, P. 1217) I ��`♦ (M.B. 114, P. 21) �♦ I B' EASEMENT OF DOMINION VA POWER (FORMERLY VEPCo) (0.B. 2186, P. 2034) `♦ C F`♦ / 20' DRAINAGE EASEMENT ` ` 114. P. 21) 4(`. N/F / OAKMEARS INVESTORS, LLC 1466-68-6554 ~i (D.B. 4081, P. 1601) VAR WIDTH TEMPORARY (M'B 170, P. 42) CONSTRUCTION EASEMENT APPROX LOCATION OF 10' (INST 20091019001219670) EASEMENT OF DOMINION VA POWER (FORMERLY VEPCO) f (0.8. 2059, P. 564) - — — 1 LOT 56 KEAfPSVILLE OFF/CE PARK 6 ▪ --- /. / / — #p / /� *4 / egpRox L \ IX1577NG R/W UNE ` .. �/Q R ( p ,40//04, Jd, t j / \ \ PROPOSED R/W UNE , 4� 8, Jg6q fRL y V 14 \ 1 �; 5' EASEMENT OF VERIZON (FORMERLY CHESAPEAKE & POTOMAC TELEPHONE — " COMPANY OF VIRGINIA (0.8. 1960, P. 448) • / / APPROX LOCATION OF 10' EASEMENT OF DOMINION VA / POWER (FORMERLY VEPCo) / / (0.8. 1964, P. 578) rN 42'1000" W 24.54' C1 // / / // / / / / <' - T • -�,---- 10' EASEMENT Of DOMINION VA POWER (FORMERLY VEPCo)(D.B. 1706. P. 323) & 10' DRAINAGE EASEMENT (MB. 114, P. 21) 5' DRAINAGE & UTILITY EASEMENT (M.B. 114, P. 21) '°1 ,1199 . i i 5 1i j N/F KEMPSVILLE OFFICE PARK (A CONDOMINIUM) 1466-68-8515 (INST 200306110089864) (INST 200306110089863) SEE SHEET 2 OF 2 FOR ADDITIONAL NOTES AND CURVE DATA/TABLE 10' EASEMENT OF VERIZON (FORMERLY CHESAPEAKE & POTOMAC TELEPHONE COMPANY OF VIRGINIA) (0.8. 1960, P. 448) UTILITY EASEMENT (M.8. 114, P. 21) VAR WIDTH PERMANENT DRAINAGE EASEMENT (INST 20091019001219670) PROPOSED STREET CLOSURE (2,129 SO. FT., 0.049 AC.) • o N O 2it) 2 LI Landscape Architecture Lond Surveying Civil Engineering wplsite.com 757.431.1041 24? i1 TANC !RAI SIE B NICN1 Wt YA 23452 SCALE: 1" STREET CLOSURE EXHIBIT OF 2,129 SQ. FT. (0.049 AC.) OF PRINCESS ANNE ROAD ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK PLAT RECORDED IN ALB. 170, P. 42 IN THE CLERK'S OFFICE OF SHEET 1 OF 2 THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA For VIRGINIA BEACH ECONOMIC DEVELOPMENT = 60' 10 FEBRUARY, 2012 CAD/chk: TMF/els VIRGINIA BEACH, VIRGINIA ! F.B. PG. I PLAT: 'JN: 211-0348 W:\General Survey\211-0348 PA & Witchduck Development\Drawings\211-0348_STCLOS4c -56 - Item -V-L.4 ORDINANCES ITEM #62673 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $30,520 from Smart Beginnings South Hampton Roads re an Early Learning Challenge (ELC) Grant Initiative Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM SMART BEGINNINGS 3 SOUTH HAMPTON ROADS FOR THE EARLY 4 LEARNING CHALLENGE GRANT INITIATIVE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $30,520 is hereby accepted from Smart Beginnings South Hampton Roads 10 and appropriated, with estimated revenue increased accordingly, to the FY 2012-13 11 Operating Budget of the Department of Economic Development for the Early Learning 12 Challenge Grant Initiative. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of March , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: r a Management Services CA12614 R-1 March 12, 2013 APPROVED AS TO LEGAL SUFFICIENCY: Item -V-M PLANNING 1. FRANK T. WILLIAMS 2. JAMIE COLE 3. RIVERS OF LIFE, LLC -57- ITEM #62674 4. HOME ASSOCIATES OF VIRGINIA, INC. CHESLEA PLACE CONDOMINIUM ASSOCIATION, INC. 5. LAURIE WOMACK 6. CITY OF VIRGINIA BEACH 7. CITY OF VIRGINIA BEACH SUBDIVISON VARIANCE MODIFICATION OF CONDITION CONDITIONAL CHANGE OF ZONING and MODIFICATION OF PROFFERS MODIFICATION OF PROFFER CONDITIONAL USE PERMIT AMEND and REORDAIN CITY ZONING ORDINANCE ADD CENTERVILLE SGA MASTER PLAN March 26, 2013 -58 - Item -V-M PLANNING ITEM #62675 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2(WITHDRAWAL), 3a1b, 4, 5, 6(DEFERRED TO APRIL 23, 2013) and 7 of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 -59- Item -V-M.1 PLANNING ITEM #62676 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of FRANK T. WILLL4MS for a Variance to §4.4 (b) of the Subdivision Ordinance to re -subdivide two (2) lots and ADD area at 5309 Morris Neck Road DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of FRANK T. WILLL4MS for a Variance to §4.4 (b) of the Subdivision Ordinance to re -subdivide two (2) lots and ADD area at 5309 Morris Neck Road (GPIN 2319223454) DISTRICT 7 — PRINCESS ANNE The following condition shall be required: 1. The Site shall be developed substantially in accordance with the submitted Re -Subdivision Plan entitled "Re -Subdivision of Property, Parcels A & C, W.L. Whitehurst," dated/revised August 21, 2012, prepared by Bonifant Land Surveys. Said Plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Sixth day of March, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: March 26, 2013 -60 - Item —V -M.2 PLANNING ITEM #62677 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED WITHDRAWAL, BY CONSENT, Application of JAMIE COLE for a Modification of Condition No. 7 re landscape buffering (approved by City Council February 23, 2003) at 520 Dunkirk Court (DISTRICT 5 — LYNNHAVEN) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None March 26, 2013 -61 - Item -V-M.3 PLANNING ITEM #62678 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS PROFFERED, BY CONSENT, Applications of RIVERS OF LIFE, LLC (approved by City Council May 24, 2011): a. Conditional Change of Zoning from R-7.5 Residential to PD -H2 re residential development at 736 Newtown Road (DISTRICT 2 — KEMPSVILLE) b. Modification of Proffers Nos. 1 through 5 and No. 8 to EXPAND the land area and MODIFY the site layout at 736 Newtown Road (DISTRICT 2 — KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of RIVERS OF LIFE, LLC (approved by City Council May 24, 2011): a. Conditional Change of Zoning from R-7.5 Residential to PD -H2 re residential development at 736 Newtown Road (GPIN 1468426125 part of) DISTRICT 2 — KEMPSVILLE b. Modification of Proffers Nos. 1 through 5 and No. 8 to EXPAND the land area and MODIFY the site layout at 736 Newtown Road (GPINs 1468424560;468424432;m1468424315; 1468423287; 1468424132; 1468426125 — part 0)9 DISTRICT 2 — KEMPSVILLE An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. These Ordinances shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Sixth day of March, Two Thousand Thirteen March 26, 2013 -62 - Item -V-M.3 PLANNING ITEM #62678(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 In Reply Refer To Our File No. DF -8517 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 14, 2013 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Rivers of Life, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 26, 2013. I have reviewed the subject proffer agreement, dated November 1, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen✓ PREPARED BY: SYlaS, I OURR)ON. i AJT RN MY. RC. FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS RIVERS OF LIFE, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of November, 2012, by and between RIVERS OF LIFE, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of those six (6) parcels of property located in the -Bayside District of the City of Virginia Beach, Virginia, containing a total of approximately 3.8 acres, which are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcels are hereinafter collectively referred to as the "Property"; and WHEREAS, the northernmost 6,125 square feet of the 26,58o square foot parcel designated as "Parcel Six" in Exhibit "A" is currently zoned R-7.5 Residential District and the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, be petition addressed to the Grantee so as to change the Zoning Classification of this northernmost 6,125 square foot portion of Parcel Six from R-7.5 Residential District to Conditional PDH -2 District with an underlying A-18 District, subject to the proffered covenants, restrictions and conditions as set forth herein; and GPIN: 1468-42-4560 1468-42-4432 1468-42-4315 1468-42-3287 1468-42-4132 1468-42-6125 (Part of) Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #2216o PREPARED BY: SMS. POIJPDC)N. A11FJ N & LEVY, P.C. WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Conditional PDH -2 District with an underlying A-18 District Zoning Classification of the remainder of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously Proffered Covenants, Restrictions and Conditions dated December 29, 2010 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110602000558310 (hereinafter "2011 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed zoning and modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed zoning and modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed zoning and modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons I II PREPARED BY: 5.3 SYKES, i3OURDON, NI® AHERN k& LEVY R.C. claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "Conceptual Site Layout & Landscape Plan of Willow Pond FKA: Breathwaite Place, Virginia Beach, Virginia", dated 11/1/12, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from Newtown Road as depicted on the Concept Plan. There will also be provided a secondary access for emergency vehicles from Rock Creek Lane using "grasspave" porous pavement, designed to meet the Grantor's fire department requirements. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed forty-two (42). Each dwelling unit shall contain a minimum of 2080 square feet of enclosed area, with a one (1) car garage or a two (2) car garage. 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the twelve (12) building elevations designated "WILLOW POND", dated 10-12-2012; "WILLOW POND SIDE ELEVATIONS UNITS #28, #29 AND #30", dated 10-12-2012; "WILLOW POND SIDE ELEVATIONS UNITS #1 AND #35" dated 10-12-2012; and "WILLOW POND REAR ELEVATIONS UNITS #35 THROUGH #42" dated 10-12-2012 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). Subject to setback requirements as hereinafter provided, a first floor bay window with dimensions no greater than three feet eleven inches by twelve feet (3'11" x 12') is permitted on any unit. 5. follows: The dimensional requirements applicable to Willow Pond shall be as • Minimum setback from Newtown Road 56 feet • Minimum setback from Rock Creek Lane 21.08 feet • Minimum rear yard and side yard setback from adjacent property except as provided below 10 feet PREPARED BY: SYUS. lOIJRR[)ON. 5i9 Al IRN . LITVY, P.C. • On Units 2 through 11 a first floor bay window (3'11" x 12') shall be permitted to reduce the 10 foot landscape buffer and encroach to a setback from adjacent property of • On Units 32, 33 and 34, a first floor bay window (3'11" x 12') shall be permitted to reduce the 15 foot landscape buffer and encroach to a setback from adjacent property of 6 feet 11 feet • Minimum distance from dwelling to edge of curb on interior streets: Front 3.5 feet Side of Dwelling 10 feet Rear of Dwelling 10 feet • Minimum distance between residential buildings: side to side 10 feet rear to rear 10 feet rear to side 10 feet • Maximum fence height for interior unit/yard solid vinyl fences for Units 12 through 27; Units 29, 3o and 31; and Units 35 through 42 4 feet 6. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 7. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are opens spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 8. Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and Conditions shall replace and supersede the "Proffered Covenants, Restrictions and Conditions" dated December 29, 2010 recorded in the Office of the Clerk PREPARED BY: 1.13 S 'i is. POURDON. g! A-IERN & LBW, P.C. of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110602000558310. 9. 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. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: if] POUPDON, �!� AT1B N L IIV'Y, P.C. I II WITNESS the following signature and seal: Grantor: Rivers of Life, L.L.C., a Virginia limited liability company By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Steven Bishard, Managing Member (SEAL) The foregoing instrument was acknowledged before me this 1St day of November, 2012, by Steven Bishard, Managing Member of Rivers of Life, L.L.C., a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: E.: SYk S. i}OUR[)DN AIi{PN & LEVY, P.C. PREPARED BY: At1 SYKES. POURD0N, WI MEM St LEVY. P.C. EXHIBIT "A" LEGAL DESCRIPTION Parcel One: All that certain lot, piece or parcel of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the Bayside Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot B, as shown on that certain plat entitled, "Subdivision of The Remainder of Property As Shown on that certain plat entitled `Property of Curtis Breathwaite Located Near Davis Corner" and recorded in Deed Book 444, at Page 473, Bayside Borough, Virginia Beach, Virginia for Curtis W. Breathwaite"', 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 231, at Page 2; to which reference is hereby made for a more particular description. GPIN: 1468-42-4560 Parcel Two: All that certain lot, piece or parcel of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the Bayside Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as "Bruce Breathwaite" 0.522 Acres, as shown on that certain plat entitled, "Resubdivision of Property of Anthony R. Braithwaite Estate WB 58 p 115 ' Newsome Farm' Bayside Borough Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 173, at Page 32; to which reference is hereby made for a more particular description. GPIN: 1468-42-4432 Parcel Three: All that certain lot, piece or parcel of land, lying, situate and being in the Bayside District of the City of Virginia Beach, Virginia, being bounded and described as follows: Beginning at a 5 inch pipe in the northern side of Bayside Road to Davis Corner and running thence along the property of A. Breathwaite, North 63° 35" East 211.4 feet to a pin; thence South 18° 56" East 71.8 feet to a pin; thence South 67° West 195.1 feet to a 5 inch pin in the northern side of said road; thence 59.7 feet to the point of beginning, containing .32 acres more or less; and All that certain parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly described as "Parcel 'Y' 0.170 Ac Parcel to be Conveyed to Peele" on that certain plat entitled "Resubdivision of Property of Anthony R. Breathwaite Estate, `Newsome's Farm', Bayside Borough, Virginia Beach, Virginia, Scale 1"=50', dated September 3, 1983", which plat was made by Gallup Surveyors & Engineers, Ltd., and which plat is duly PREPARED BY: !.: S1I{S. IOURDON, TINY. P.C. recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 173, at Page 32. GPIN: 1468-42-4315 Parcel Four: All that certain lot, piece or parcel of land, located in the Bayside District of the City of Virginia Beach, Virginia, and being described as follows: Beginning at a point on the East side of Bayside Road at a pin in the dividing line between the property now or formerly belonging to Ruth Bailey and the property hereby conveyed; thence North 67° oo' East 5 feet to a pin; thence North 67° oo' East 195.1 feet to a pin; thence South 18° 56" East 102 feet to a pin; thence South 69° 23' West 177.2 feet to a pin; thence in the same course 5 feet to a pin on the East side of Bayside Road; thence North 29° 40' West along the East side of Bayside Road 94.9 feet to the point of beginning; a plat of which property is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed 360, at Page 471. GPIN: 1468-42-3287 Parcel Five: ALL THAT certain parcel of land situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly designated as "Remains of Anthony R. Breathwaite Estate" on that certain plat entitled "Resubdivision of Property of Anthony R. Breathwaite Estate, `Newsome's Farm', Bayside Borough, Virginia Beach, Virginia, Scale 1"=50', dated September 3, 1983", which said plat was made by Gallup Surveyors Sr Engineers, Ltd., and which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 173, at Page 32, reference to said plat being hereby made for a more particular description and location of the aforementioned property. GPIN: 1468-42-4132 Parcel Six: ALL THAT certain parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being a portion of Lot D as depicted on the Nat of Newsome Farm as recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 62, at Page 1, which parcel is more particularly described as follows: Beginning at a pin found located at the southeast corner of "PARCEL 2" (GPIN 1468-42- 3287) as depicted by plat recorded in Map Book 173, at Page 32 which pin is also located at the southwest corner of Lot D (GPIN 1468-42-6125) as depicted on the Plat of Newsome Farm (M.B. 62, Pg 1) and from said Point of Beginning running along the boundary line between the two aforementioned properties North 40° 20' 59" East, a distance of 164.80 feet PREPARED BY: if 3 SY1CtS, f 0URDON. WN AHERN Si LEVY. P.C. to a point at the northwest corner of Lot D; thence turning and running along the shared boundary line between Lot D and the adjacent Lot C (M.B. 173, Pg 32 GPIN 1468-42-7205) South 58° 22' 14" East, a distance of 176.20 feet to a point on the western boundary of the Subdivision of Bayside Place as recorded in the afore referenced Clerk's Office as Instrument #200312180211118; thence along said boundary line South 42° 45' 25" West, a distance of 166.07 feet to a point; thence turning and departing said boundary line and running along the shared boundary line with "The Remaining Part of Lot 10 (GPIN 1468-42-4132) as depicted by Plat recorded in Map Book 173, at Page 32, North 58° 22' 14" West, a distance of 159.62 feet to the pin at the Point of Beginning and containing 26,580 square feet. GPIN: 1468-42-6125 (Part of) • [The following is a description of the northernmost portion of "Parcel Six" (as hereinabove described) which was not included in the 2011 conditional rezoning subject to the 2011 Proffers and is conditionally rezoned herewith subject to this First Amendment to Proffered Covenants, Restrictions and Conditions: ALL THAT certain parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being a portion of Lot D as depicted on the Plat of Newsome Faun as recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 62, at Page 1, which parcel is more particularly described as follows: Beginning at a pin found located at the southeast corner of "PARCEL 2" (GPIN 1468- 42-3287) as depicted by plat recorded in Map Book 173, at Page 32 which pin is also located at the southwest corner of Lot D (GPIN 1468-42-6125) as depicted on the Plat of Newsome Farm (M.B. 62, Pg 1) and from said Point of Beginning running along the boundary line between the two aforementioned properties North 40° 20' 59" East, a distance of 127.47 feet to a point at the "True Point of Beginning"; thence from the True Point of Beginning continuing along the shared boundary line North 40° 20' 59" East, a distance of 37.33 feet to a point at the northwest corner of Lot D; thence turning and running along the shared boundary line between Lot D and the adjacent Lot C (M.B. 173, Pg 32 GPIN 1468-42-7205) South 58° 22' 14" East, a distance of 176.2o feet to a point on the western boundary of the Subdivision of Bayside Place as recorded in the afore referenced Clerk's Office as Instrument Number 200312180211118; thence along said boundary line South 42° 45' 25" West, a distance of 37.66 feet to a point; thence turning and departing said boundary line North 58° 22' 14" West, a distance of 165.07 feet to the True Point of Beginning and containing 6,125 square feet.] \\Sykesw2k\users\AM\Mod of Proffers\Rivers of Life \1st Amendment to Proffers_Clean 12-28-1.2.doc -63 - Item -V-M.4 PLANNING ITEM #62679 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, CONDITIONED, BY CONSENT, Application of HOME ASSOCIATES OF VIRGINIA, INC, ROYAL COURT, INC. and CHELSEA PLACE CONDOMINIUM ASSOCIATION, INC for Modification of Proffer No. 8 of a Conditional Change of Zoning (approved by City Council May 13, 2003) re age - restrictions at Princess Anne Road, West of Cross Road (DISTRICT 7 — PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of HOME ASSOCIATES OF VIRGINIA, INC, ROYAL COURT, INC. and CHELSEA PLACE CONDOMINIUMASSOCIATION, INC for Modification of Proffer No. 8 of a Conditional Change of Zoning (approved by City Council May 13, 2003) re age -restrictions at Princess Anne Road, West of Cross Road (GPIN 2404758161) DISTRICT 7 — PRINCESS ANNE An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. These Ordinances shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Sixth day of March, Two Thousand Thirteen March 26, 2013 -64 - Item -V-M.4 PLANNING ITEM #62679 (Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 I 11 In Reply Refer To Our File No. DF -8587 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 14, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Home Associates of Virginia, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 26, 2013. I have reviewed the subject proffer agreement, dated November 30, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation ROYAL COURT, INC., a Virginia corporation CHELSEA PLACE CONDOMINIUM ASSOCIATION, INC., a non -stock, non-profit Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of November, 2012, by and between HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, party of the first part, Grantor; ROYAL COURT, INC., a Virginia corporation, party of the second part, Grantor; CHELSEA PLACE CONDOMINIUM ASSOCIATION, INC., a Virginia non -stock, non-profit corporation, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the second part as Declarant has created the Chelsea Place Condominium on 3.090 acres of a 9.963 acre parcel, with the right to submit the remaining 6.873 acres comprising the parcel as "Additional Lands" into the Chelsea Place Condominium as permitted by that Declaration of Condominium dated April 17, 2007 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070420000531210; and GPIN: 2404-75-8161-0000 2404-75-8161-2308 2404-75-8161-2312 2404-75-8161-2316 2404-75-8161-2320 2404-75-8161-2300 2404-75-8161-2304 2404-75-8161-2332 2404-75-8161-2336 2404-75-8161-2292 2404-75-8161-2296 2404-75-8161-2284 2404-75-8161-2288 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #22160 2404-75-8161-2345 2404-75-8161-2341 2404-75-8161-2268 2404-75-8161-2272 WHEREAS, the party of the first part has contracted to purchase the "Additional Lands" and the right to complete development of the remaining units to be added to the Chelsea Place Condominium; and WHEREAS, the afore referenced Declaration of Condominium contains provisions restricting the Age of Occupants to adults 55 years of age or older as required by Proffer Number 8 contained in the PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS between the party of the second part, et als, and the Grantee dated September 12, 2002 and recorded in the above referenced Clerk's Office as Instrument Number 200305300083687 (the "203 Proffers"); and WHEREAS, the party of the third part has adopted a "Proposal of Amendment" to amend those provisions of the Declaration of Condominium [Section 10 and 27(h)(1) & (2)] to delete and eliminate the 55 years of age or older occupancy restriction; and WHEREAS, the Grantors, as the owners of the lands which comprise the Property which was Conditionally Rezoned by the Grantee subject to the 2003 Proffers, have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated September 12, 2002, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200305800083687 (hereinafter "2003 Proffers"), to reflect an amendment applicable to the land use plan on the Property; and WHEREAS, with the exception of Proffer numbered "8", it is the Grantors' intent to reaffirm all of the covenants, restrictions and conditions set forth in the 2003 Proffers; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that 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 to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' proposed modification of conditions to the zoning gives rise; and 2 WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amended declaration of conditions and restrictions which, along with the unchanged covenants, conditions and restrictions set forth in the 2003 Proffers shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 8 as set forth in the 2003 Proffers is deleted. 2. Except for the deletion of Proffer numbered 8, the remaining proffered covenants, restrictions and conditions as set forth in the "2003 Proffers" are hereby ratified and affirmed. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree 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, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signature and seal: Grantor: Home Associates of Virginia, Inc., a Virginia corporation By:(S) Robert L. Prod. • , II, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 3rd day of December , 2012, by Robert L. Prodan, II, President of Home Associates of Virginia, Inc., a Virginia corporation, Grantor. �J r Notary Public My Commission Expires: August 31 , 2014 Notary Registration Number: 192628 5 WITNESS the following signature and seal: Grantor: Royal Court, Inc., a Virginia corporation By: AMIC Donald L. Moore, President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this L day of _vv bb -r , 2012, by Donald L. Moore, President of Royal Court, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: CO 131 1 co! 3 Notary Registration Number: aip 2 • QR �.4' It* &WEA 4C. WITNESS the following signature and seal: Grantor: Chelsea Place Condominium Association, Inc., a Virginia non -stock, non-profit corporation By: / SEAL) Donald L. Moore, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this "7 day of , 2012, by Donald L. Moore, President of Chelsea Place Condominium Association, Inc., a Virginia non -stock, non-profit corporation, Grantor. Notary Public My Commission Expires: �� f aoi 5 Notary Registration Number: to .s1 S EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land situate and being in the City of Virginia Beach, Virginia, and known, numbered and described as "Parcel D (9.963 acres)", as shown on that certain plat entitled "Subdivision of John L. Brown Estate (W.B. 15, Pg. 2), Princess Anne Borough, Virginia Beach, VA", dated December 7, 1983, made by Miller -Fox -Stephenson, P.C., Engineers and Surveyors, which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 176, at Page 2, reference to which plat is hereby made for a more particular description thereof. GPIN: 2404-75-8161-0000 2404-75-8161-2308 2404-75-8161-2312 2404-75-8161-2316 2404-75-8161-2320 2404-75-8161-2300 2404-75-8161-2304 2404-75-8161-2332 2404-75-8161-2336 2404-75-8161-2292 2404-75-8161-2296 2404-75-8161-2284 2404-75-8161-2288 8 2404-75-8161-2345 2404-75-8161-2341 2404-75-8161-2268 2404-75-8161-2272 ALTERNATE LEGAL The Chelsea Place Condominium, Phases numbered 1, 2, 3, 4, 5, 6 and 7 plus "Additional Land `A', "Additional Land B"' and "Additional Land `C"' as depicted and described on "Phase 6 and Phase 7, Exhibit B-6 Condominium Plat of Chelsea Place Condominium, Virginia Beach, Virginia", dated May 29, 2008, prepared by John E. Sirine & Associates, Ltd. and recorded in the afore referenced Clerk's Office as Instrument Number 20080624000746540. 2404-75-8161-0000 \\Sykesw2k\users\AM\Mod of Proffers\Home Associates of Virginia\Chelsea Place\1st Amendment to Proffers.doc 9 -65 - Item —V -M.5 PLANNING ITEM #62680 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED/CONDITIONED, BY CONSENT, Application of LAURIE WOMACK for a Conditional Use Permit re Child Daycare at 321 West Farmington Road (DISTRICT 6 — BEACH) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of LAURIE WOMACK for a Conditional Use Permit re Child Daycare at 321 West Farmington Road (GPIN 2407066117) DISTRICT 6 — BEACH The following conditions shall be required: 1. The Home Daycare shall be limited to a total of ten (10) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7.•00 A.M. to 6:00 P.M. 3. No more than one (1) person, other than the applicant, shall be employed by the Home Daycare. 4. A four (4) foot high fence, to be maintained in good condition at all times, shall separate the outdoor play area from the hot tub. The fence shall meet the "pool barrier" requirements of the Virginia Department of Social Services. 5. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking -up or dropping -off children are parked on the applicant's front driveway or along the roadway curb adjacent to the front yard. 6. A sign, no greater than one (1) square foot in size, advertising the Home Daycare may be installed on the house. 7. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of the Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for Home Daycare use. March 26, 2013 -66 - Item —V -M.5 PLANNING ITEM #62680(Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Sixth day of March, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 -67 - Item —V -M.6 PLANNING ITEM #62681 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED, BY CONSENT TO APRIL 23, 2013, Ordinance to AMEND and REORDAIN Sections 1904 and 1905 of the City Zoning Ordinance (CZO) re setback, landscaping, lot coverage requirements and design incentives in the Old Beach Overlay District (DISTRICT 5- LYNNHAVEN) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 -68- Item —V -M.7 PLANNING ITEM #62682 Peggy Sandstone, 1305 Lake James Drive, Phone: 424-3464, expressed her appreciation to City Council and the Community for all the hard work that has gone into the Centerville SGA. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the Comprehensive Plan to ADD the Centerville SGA Master Plan and REVISE the Plan's Policy Document to conform to the Master Plan Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING THE CENTERVILLE STRATEGIC 3 GROWTH AREA MASTER PLAN, MARCH 2013 AND 4 REVISING THE POLICY DOCUMENT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Strategic Growth Area Master Plan for the Centerville Area has 10 been developed with extensive input from the community and all stakeholders; 11 12 WHEREAS, there are several revisions that are necessary to bring the adopted 13 Comprehensive Plan into conformity with the Centerville Strategic Growth Area Master 14 Plan, March 2013; and 15 16 WHEREAS, the Centerville Strategic Growth Area Master Plan, March 2013, and 17 the attached revisions to the Policy Document should be adopted as part of the 18 Comprehensive Plan. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 24 amended and reordained by: 25 26 1. The adoption of the Centerville Strategic Growth Area Master Plan, March 27 2013. Such document is made a part hereof, having been exhibited to the City Council 28 and is on file in the Department of Planning; and 29 30 2 The revision of the Policy Document, pertaining to the Centerville Strategic 31 Growth Area Master Plan, March 2013 as shown on the attached document entitled 32 "Comprehensive Plan Policy Document Amendment, Chapter 2: Urban Area Strategic 33 Growth Area 2 Centerville, March 2013." Such document is made a part hereof, having 34 been exhibited to the City Council and is on file in the Department of Planning. 35 36 COMMENT 37 38 The ordinance amends the Comprehensive Plan by the adoption of the Centerville Strategic 39 Growth Area Master Plan, March 2013. The current provisions of the Comprehensive Plan 40 pertaining to this area are revised to reflect the adoption and relevant provisions of the Centerville 41 SGA Master Plan. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on this 26th 44 day of March , 2013. 45 46 APPROVED AS TO CONTENT: Planning I epartment CA12503 R-1 January 18, 2013 APPROVED AS TO LEGAL SUFFICIENCY: "i?City Attorney's Office Comprehensive Plan Policy Document Amendment Chapter 2: Urban Area Strategic Growth Area 2 Centerville March 2013 (Policy Document: Text to be deleted is shown as strikethrough. Text to be added is underlined. Map deletions and additions in bold.) Comprehensive Plan Land Use Map page 1-10 Delete the following map: CtSSapeake Bay 653 City of Virginia Beach m o as I 0 . ee.. _12t, ,n,n 7a2,7 Legend Specialized Planning Feature CO Strategic Growth Area (SGA O Special Economic Growth Area (SEGA) Suburban room Area ISFAI -� Greenble Trancin on Area _ Military Inseag.tlono Planned Land lice Suburban Parks and open Space Ila roe than 100 acres) Rural Major Comm art MI Centers Rural Community Area North Carolina Comprehensive Plan Map 1 Replace with the following map: Chesapeake Bay City of Virginia Beach �Yq. ! j� a kwr Sbateglc Growth Meas 15G 1 Bwton Stetwn 2 Centerville 7 Newtown e Pembroke 5 Rosemont 6 LynMawen 7 Hilltop 8 Resort Area e„eadesa4o to AP Legend Specialised Planning Feature Strategic Granth Area (SCA) Q Special Economic Growth Aro (SEGA) Suburban Focus Area (SFA) ✓ Greenllne 113 Transition Area Military Installations P lanned Land Use Suburban Parks and open Span (larger than 100 acres) 1 Rural Ma)or Commercial Centers Rural Community Area North Carolina Comprehensive Plan Map Pages 1-5 and 2-2, Policy Document Delete the following map: Virginia Beach's Strategic Growth Areas (SGAs) Cir. aipeake a.y or n!,.-.o,O Aitantfc Oc.an 8 Strategic Growth Areas Replace with the following map: Virginia Beach's Strategic Growth Areas (SGAs) Chesapeake Bar Strategy; Growth Areas (SGAs) 1 Burton Station 2 Centerwae 3 Newtown 4 Pembroke 5 Roseman 8 Lynnhaven 7 Welop 8 Resort Area Cty of G: ear o ee 8 Strategic Growth Areas I 11 P. 2-2 FUTURE GROWTH AREAS SGA 1: Burton Station SGA 2: Centerville/Regent SGA 3: Newtown SGA 4: Pembroke SGA 5: Rosemont SGA 6: Lynnhaven SGA 7: Hilltop SGA 8: Resort Area Pages 2-9 et seq. P. 2-9 STRATEGIC GROWTH AREA 2 CENTERVILLET DESCRIPTION The Centerville Strategic Growth Area is unique from other SGAs because it consists of several large-scale ownership and single -use areas, such as the Christian Broadcasting Network (CBN), Regent University, the City Landfill, and a private landfill. The relationship between these uses and their impact on one another and surrounding residential neighborhoods deserves special consideration. Located in the southwestern part of the City, the Centerville SGA is generally bound by Interstate 64, the City of Chesapeake, Centerville Turnpike, and Kempsville Road. The SGA's primary asset is its large expanse of undeveloped land fronting 1-64, a rare find that offers great economic development potential for future corporate office headquarters and expansion area for Regent University. The biggest challenges for future development in this SGA are the two waste management operations and heavy traffic congestion. 4 I 1; Page 2-9 Delete the following map: CITY OF CHESAPEAKE n 1 75 1.4ses Replace with the following map: • CITY OF CHESAPEAKE 0 0.25 05 075 1 Miles 5 pages 2-10 et seq. CENTERVILLE/REGENT VISION The vision for the Centerville SGA is to become an education -oriented master -planned community, which capitalizes on the regional access and visibility provided by 1-64 and the existing institutional anchors of CBN and Regent University. This vision is based on the following Design Principles: 1. Regenerate existing developed areas to capitalize on existing public infrastructure investments. 2. Build a mixed-use center for Centerville. 3. Better connect to existing parks and the Regent University Campus through expanded trail networks. 4. Mitigate impacts to the Elizabeth River through stormwater best management practices. 5. Continue to diversify housing choice including workforce housing. 6. Improve the jobs/housing balance to increase capture rate and decrease traffic congestion. 7. Identify immediate and interim actions for landfills to effectively mitigate against adverse impacts. 8. Pursue a joint planning strategy with City of Chesapeake. 9. Build a transportation infrastructure network that provides for safety, equity, choice, and economy. 10. Create an education -oriented, master -planned community as a unique identity for the Centerville SGA. The Illustrative Master Plan incorporates these design principles by identifying various public infrastructure improvements, the most significant of which is a new interchange for 1-64, that will improve the peripheral areas and better position the privately -owned undeveloped tract for future development. The Plan outlines strategies for the street network, parks and open space networks, bikeways and trail networks, stormwater management, sanitary sewer systems, water systems, and mitigation for the existing waste management facilities. In addition, the plan focuses on six "places in the plan," for which it lays out recommended site design, building heights, and land uses. RECOMMENDATIONS effectively mitigate against adverse impacts. 6 1 11 Delete the following images: Regeat-YniveFsity REGENT UNIVERSITY EXPANSION Regent University has plans to expand its undergraduate population. Not only will this mean more students on campus, but it will necessitate developing facilities associated with an undergraduate population that the University currently lacks. In addition to academic and administrative buildings this expansion will include dining, living, and athletic facilities. Insert the following graphics and text: 7 Final Phase of Regent University Expansion Aerial Perspective of Proposed Regent University Quad UNIVERSITY VILLAGE University Village is a mostly greenfield site under single ownership located between Regent University, the Lake James Neighborhood, and the City and private landfills. It is envisioned as an inclusive, mixed-use community with a diversity of housing types and an abundance of open space. University Village will feature residential and commercial properties to serve the surrounding neighborhoods, university, and planned corporate office park. 8 I I. Final Phase of University Village Plan Perspective of Proposed University Village CORPORATE OFFICE The corporate office park will provide a space for Targe footprint office development within the SGA. This site includes a 50 to 100 foot landscape zone adjacent to 1-64 within which stormwater facilities can be located. This area may be selectively trimmed to capitalize on visibility from the interstate to key features of the office buildings. Parking should be primarily located between the buffer and the buildings. The corporate office park will be well connected to University Village and the Regent campus through a trail and street network. 9 Final Phase of Corporate Office Expansion UNIVERSITY SHOPPES Due to continual widening of Indian River Road, the University Shoppes area has found itself isolated from the surrounding neighborhood and Regent University. Theproposed redevelopment of the site is designed to take advantage of the highway location and access to the interstate by providing a more consistent frontage along Indian River Road. This configuration allows for an expanded YMCA with an opportunity for outdoor sports facilities which may be shared with the university. Final Phase of Scenario 1 for University Shoppes Final Phase of Scenario 2 for University Shoppes BRANDON NEIGHBORHOOD EXPANSION As part of the SGA process, the team has investigated sites that may, over time as the SGA matures, accommodate uses which are more economically beneficial to the landowner and more socially beneficial to the surroundin community. The proposed Brandon neighborhood expansion will allow for an infill of single- family attached housing into the SGA area which will take advantage of the proximity to University Village. It will also serve to provide increased connectivityto the Village for Brandon and serve as another entryway into the neighborhood. Final Phase of Brandon Neighborhood Expansion 11 WOODS CORNER The Woods Corner area shopping centers are prominently located at the intersection of Centerville Turnpike and Kempsville Road. They currently suffer from high vacancy and lack of integration with the surrounding neighborhoods and a lack of accessibility from Centerville Turnpike and Kempsville Road. While there are no specific proposals for the site. the shown configuration and frameworks encourage more access to the site and a more flexible block structure. Any chosen option should include provisions for open space to serve both the development and the adiacent neighborhoods. Final Phase Framework Improvements for Woods Corner Centerville SGA Illustrative Master Plan Knipe Rine St�iiirg 12 mN -69 - ITEM V -N APPOINTMENTS ITEM #62683 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION March 26, 2013 -70 - ITEM V -N APPOINTMENTS ITEM #62684 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: LINWOOD BRANCH — CHAIRMAN Effective Immediately JOHN W CROMWELL 2 year term 03/01/13 — 02/28/15 TRANSITION AREA/ITA CITIZENS AD VISOR Y COMMITTEE Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 26, 2013 -71 - Item -V-Q ADJOURNMENT ITEM #62685 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7:00 P.M. Amanda Finley -Barnes/ C Chief Deputy City Clerk h Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia March 26, 2013