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June 24, 2014 <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br />(a) The proposed development shall be in substantial compliance with the <br />Conceptual Site Layout and Landscape Plan of Midtown Marketplace - Outparcel D3 & <br />D4 prepared by MSA, P.C. dated March 20, 2014 and the rendered elevations prepared <br />by HBA dated March 20, 2014, except where modifications may be required to comply <br />with the City's Ordinance requirements. <br />(b) Landscaping improvements on the site shall be consistent in design and <br />materials with those in the approved plans for the Frederick Boulevard Streetscape <br />Demonstration Project. <br />(c) The gathering space, landscaping, berm and pedestrian ways shall be designed, <br />approved and constructed in conjunction with the development of the strip center on Lot <br />D3, as shown on the Conceptual Site Layout previously cited in 3(a) above. <br />(d) The applicant must obtain and keep current any required operating licenses and <br />shall operate in accordance with federal, state and local regulations. <br />(e) All taxes and fees in connection with the proposed uses shall be paid when due. <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by City Council." <br />14-216 (c): <br />"ORDINANCE TO AMEND CHAPTER 40.1 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (2006), BY AMENDING APPENDIX A, SECTION 40.1-9.7 <br />AND REPEALING APPENDIX B, SECTION 703(H), PERTAINING TO PARKING <br />REQUIREMENTS IN THE DOWNTOWN, D1 DISTRICT AND SUB-DISTRICTS AND <br />THE UPTOWN, D2, FORM-BASED CODE." <br />Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Randall, Wright <br />Nays: None <br />14 - 221 -Adoption of a resolution authorizing the Department of Public Utilities <br />to exceed by 25% or more the contract for Quadrant 1 of the Downtown Master <br />Utility Plan Water and Sewer Rehabilitation Project. Deferred from the June 10, <br />2014 City Council meeting. Vision Principles: A Robust Economy for Working <br />Men and Women and Neighborhoods and a Sense of Community. <br />Background: <br />• The City developed the Downtown Master Utility Plan in 2008 to guide in the <br />replacement of water, sewer, and storm systems in the downtown area. <br />• The original contract amount was for $9,867,599.00 and was awarded to Gaston <br />Brothers Utilities, LLC in January 2013. The contract was for replacement of water and <br />sanitary sewer lines and rehabilitation/replacement of storm sewer within a 16 block <br />area. <br />• Significant costs increases are associated with work outside the original scope, <br />including full restoration of concrete and brick sidewalks, installation of verges <br />(vegetation areas), replacement of a 16-inch water line along County Street, and <br />replacement of storm sewer along Water Street and associated roadway and sidewalk <br />restoration. <br />• Both State and City Council policies require that any change order that will <br />exceed 25% of a contract's cost must be approved by City Council. <br />Discussion: <br />• Draper Aden Associates, the Design Engineer for this project, in consultation with <br />the City, believe that the contract will potentially exceed the 25% change order policy <br />because of the significant changes to the scope of the project after the project was <br />awarded. <br />