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OCTOBER 10 2000 MINUTESCITY COUNCIL Cit,y of Virginia l each "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E. OBERNDORE At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large LINWOOD O. BRANCH, II1, Beach - District 6 MARGARET L. EURE, Centerville - District 1 WILLIAM W. HARRISON, JR., Lynnhaven - District 5 BARBARA M. HENLEY, Princess Anne - District 7 LOUIS R. JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - District 3 ROBERT C. MANDIGO, JR., Kempsville - District 2 NANCY K. PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K. SPORE, City Manager LESLIE L LILLEE City Attorney RUTH HODGES-SMITH, MMC, City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 427-4304 FAX: (757) 426-5669 EMAIL: Ctycncl@ city. virginia-beach, va. us October 10, 2000 CITY MANAGER'S BRIEFINGS - Conference Room - 9:30 AM Ao Bo UTILITY ISSUES [30 min.] UTILITY TAX AMENDMENTS Catheryn R.Whitesell, Acting Resource Management Services Administrator COMPETITIVE PURCHASE PILOT PROGRAM Phillip A. Davenport, Administrative Services Coordinator, Public Works NORTH LANDING RIVER WATER USE [15 min.] Clay Bernick, Environmental Management Administrator, Planning John Carlock, HRPDC BOARDWALK TRAMS [30 min.] Dale Castellow, Transportation Planning Coordinator, Planning II. REVIEW OF THE AGENDA III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 12:00 NOON A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION MOVE TO BUILDING NO. 6- SCHOOL ADMINISTRATION BUILDING Vo FORMAL SESSION - School Administration Building No. 6 - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jay Smith First Baptist Church of Virginia Beach 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. 1NFORMAL & FORMAL SESSIONS September 26, 2000 Ho J° AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. MAYOR'S PRESENTATION 1. RESORT SEASON 2000 RECOGNITION PUBLIC HEARINGS OCEANFRONT TRAFFIC MANAGEMENT PLAN FARMERS' MARKET LEASE - Space #2 to Jonnie Fuselier t/a Times Remembered DeWITT COTTAGE LEASE to Back Bay Wildfowl Guild ORDINANCES 1. Ordinances to authorize the City Manager to execute lease agreements: a. Farmers' Market - Space #2 to Jormie Fuselier t/a Times Remembered b. DeWitt Cottage to Back Bay Wildfowl Guild 2. Ordinance to ACCEPT and APPROPRIATE a $231,250 grant from the Department of Housing and Urban Development to the Virginia Marine Science Museum (CIP #9-010) - Phase III (Design) re architectural and engineering services associated with exhibits; and, estimated revenue from the Federal Government be increased accordingly. o Ordinance to establish a Super Hornet Commission re defining the membership, purpose and dissolution thereof; and, to adopt the Commission's bylaws. Ordinance to authorize temporary encroachments into a portion of the beachfront known as Ocean Boulevard to WILLIAM and LORRAINE STEMPLE AND R. KEITH HATHAWAY re constructing and maintaining an existing walkway, stairway and raised deck at 612 and 616 South Atlantic Avenue (BEACH - DISTRICT 6). Ordinance to authorize the City Manager to award the contract for advertising and public relations for the Departments of Convention and Visitor Development and Museums and Cultural Arts to Barker, Campbell, Farley and Mansfield, beginning January 1, 2001. o City Manager requests authorization to implement the Oceanfront Traffic Management Plan Pilot Program by Summer of 2001. 7. REFUNDS: License - $18,868.33 Utility - $ 1,952.33 K. RESOLUTION Resolution re a non-binding Letter of Intent which proposes modifications to enhance the Town Center project through execution by the Virginia Beach Development Authority; and, authorizing the development of project documents. L. PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Applications of ARMADA/HOFFLER HOLDING COMPANY (PRINCESS ANNE - DISTRICT 7): ao Modification of Proffers placed on the June 14, 1994, approved Change of Zoning District Classifications from A- 12 Apartment District and B-2 Community Business District to Conditional B-2 Community Business District Classification for Bel-Aire, Inc. & King's Way Corp. at the northeast comer of Dam Neck Road and General Booth Boulevard. bo Discontinuance, closure and abandonment of Dam Neck Station Road beginning on the eastern boundary of General Booth Boulevard and running in an easterly direction to the eastern terminus, containing 1.336 acres. Deferred: Recommendation: September 26, 2000 APPROVAL ° Application of WAWA, INC. for a Modification to the Green Run Land Use Plan to allow an automobile service station (fuel sales) in conjunction with a convenience store at the northeast comer of Lynnhaven Parkway and Windmill Point Crescent, containing 2.30 acres (ROSE HALL - DISTRICT 3). Deferred: Deferred: Recommendation: September 12, 2000 September 26, 2000 APPROVAL o Petition of IRA L. and HELEN M. FISK, Trustees, for the discontinuance, closure and abandonment of a paper street, Waring Street, on the west side of Avalon Avenue and running in a westerly direction a distance of 589 feet, containing 34,333 square feet (CENTERVILLE - DISTRICT 1). Deferred: Recommendation: September 12, 2000 APPROVAL Petition of VISTA CIRCLE ASSOCIATES, LLC and MARTHA M. HARNESS, Trustee, for the discontinuance, closure and abandonment of an unimproved portion of Lynnhaven Drive adjacent to the northern portions of Lots 1 & 2, Block 23 and Lots 3, 4 & 5, Block 23, Plat of Lynnhaven Shores, containing 6,350 square feet (LYNNHAVEN - DISTRICT 5). Recommendation: APPROVAL o Application of VILLAGE BAPTIST CHURCH for a Conditional Use Permit for a church at the southeast comer of Holland Road and Stoneshore Road (3420 Holland Road), containing 1.363 acres (ROSE HALL - DISTRICT 3). Recommendation: APPROVAL Application of ACTS 2 CHURCH for a Conditional Use Permit for a church at the southwest intersection of Indian River Road and Level Green Boulevard (929 Level Green Boulevard), containing 1.747 acres (CENTERVILLE - DISTRICT 1). Recommendation: APPROVAL o Application of CHECKERED FLAG MOTOR CAR CO., for a Conditional Use Permit for motor vehicle sales on the south side of Virginia Beach Boulevard, east of Clearfield Avenue, containing 8.827 acres (KEMPSVILLE - DISTRICT 2). Recommendation: APPROVAL Application of COLUMBUS ONE, L.L.C., for a Change of Zoning District Classification from B-3 Central Business District to Conditional B-3A Pembroke Central Business Core District at the southwest comer of Virginia Beach Boulevard and Constitution Drive, containing 6.46 acres (ROSE HALL - DISTRICT 3). Recommendation: APPROVAL o Application of JAMES H. SALMONS, JR., for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to 1-2 Heavy Industrial District on the west side of Princess Anne Road, 4040 feet north of Pungo Ferry Road (773 Princess Anne Road), containing 18.4 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: DENIAL 10. Application of CITY OF VIRGINIA BEACH to AMEND § 203 of the City Zoning Ordinance (CZO) by deleting the requirement that parking surfaces have an all weather surface. Recommendation: APPROVAL M. APPOINTMENTS HISTORICAL REVIEW BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC NOTICE: Due to the renovation of the City Council Chamber INFORMAL MEETINGS OF THE CITY COUNCIL and PLANNING COMMISSION will continue in the City hall Conference Room, Building No. 1 FORMAL MEETINGS OF THE CITY COUNCIL and PLANNING COMMISSION will be held in the SCHOOL BOARD MEETING ROOM Building No. 6 (August thru October 2000) If you are physically disabled or visually impaired and nccd assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 10/06/00BAP AGENDA\ 10-10-00.PLN www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 10, 2000 Vice Mayor Sessoms called to order the CITY MANAGER'$ BRIEFING re UTILITY ISSUES Council Conference Room, City Hall Building, on Tuesday, October 10, 2000, at 9.'30A.M. the Council Members Present: Margaret L. Eure, Louis R. Jones, Robert C. Mandigo, dr., Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Absent: Mayor Meyera E. Oberndorf Linwood O. Branch, III William I4(. Harrison, Jr. Barbara M. Henley Reba S. McClanan [ENTERED; 9:40 A.M./DETAINED IN OFFICE] [ENTERED: 10:08 A.M.] [ENTERED: 10.'30 A.M.] [-ENTERED: I O: 47 A.M._/ [ENTERED: 10:00 A.M.] -2- CITY MANAGER'S BRIEFING UTILITY ISSUES UTILITY TAX AMENDMENTS 9:30 A.M. ITEM # 47200 Catheryn R. Whitesell, Acting Resource Management Services Administrator, advised the firstportion of the briefing would explain the requirement by the State to convert local utility taxes from a cost-of-service basis to a consumption basis no later than October 31, 2000, to be effective January 1, 2001. The utility companies require 60 days to modify their bills to support the rate change. The second portion of the briefing will present an opportunity for City Council to consider the City ' s participation in a pilot project to competitively purchase electricity which will test the Virginia model for retail competition. Why convert the utility tax rates? Virginia General Assembly: legislation in 1999 and 2000 deregulated the electric and gas industries to transition to retail competition for sale and purchase of energy. Recreate opportunities for consumers to purchase electricity and natural gas from various suppliers nationwide. The local distribution companies will remain the same: Virginia Power and Virginia Natural Gas. What may change is the company where the power is generated may be in another state i.e. Maryland, North Carolina. Federal law prohibits local governments from requiring out-of-state companies to collect the utility tax from residents and businesses in its present form. The method of calculating the tax must be converted from a cost-of-service to a consumption basis -from % of monthly bill to kWh of electricity and ccf of natural gas consumed monthly. What is the impact to consumers and the City? Impact shouM be neutral within each class of taxpayer: residential, commercial and industrial. Only the "method used to compute" the consumer utility tax for electric and gas services changes. Currently, residential customers generate approximately 50% of the electric utility taxes and 58% of the natural gas utility revenues collected by the City What is the impact to consumers' and the City? ShouM not significantly increase nor decrease the utility taxes paid by consumers compared with the time of conversion (calendar 1999). The majority of residential users are at the cap of $3.00. Under the new method, the users will remain at that cap and will not see any changes to their bills. Commercial and industrial users may see minor changes to individual bills, if there has been a change in the consumption rate over the last year. Commercial and industrial users have a cap orS] 62. 50. ShouM not increase nor decrease utility tax revenue the City receives for electric and natural gas services compared with the time of conversion ($14. 3-MILLION in 1999). October 10, 2000 -3- CITY MANAGER'S BRIEFING UTILITY ISSUES UTILITY TAX AMENDMENTS ITEM tt 47200 (Continued) Additional sources of information about utility tax conversion: City's website : wwu'. vb.gov, corn Commissioner of Revenue's website: www. virginia-beach, va. v.s dept 'cot' Full text of amended ordinance available from City Clerk's Office or City Attorney' office. Miss 14"hitesell distributed a draft o fUtility Tax Rates fiJr electric and Natural Gas Service. Said information is hereby made a part c~the record. In lZirginia, there are two kinds of customers: jurisdictional (rates regulated by the SCC) and the non- jurisdictional (rates not controlled by the SCC, but negotiated, resulting in a separate rate contracO. Ail of the local governments, the State governments and the Navy are non-jurisdictional customers, l/irginia Power has agreed to extend the pilot project to the non-jurisdictional customers. The City's Media and Communications Development Group is meeting with other localities in the Hampton Roads region to determine the best method of providing information to our citizens. The Group will contact local news media to inform citizens. A Public Hearing notice for utility tax conversion will be included in the October 15th edition of The Beacon. A Public Hearing shall be scheduled for October 24, 2000, 2:00 P.M. in the School Board Room, Building 6 - School Administration Building, 2512 George Mason Drive, Municipal Center. October 10, 2000 4 CITY MANAGER'S BRIEFING UTILITY ISSUES COMPETITIVE PURCHASE PILOT PROGRAM ITEM ti 47201 9:46A.M. Phillip A. Davenport, Administrative Service Coordinator - Public Works, referenced the Virginia Restructuring Act and the deregulation of electricity. As part ¢~'this legislation, Virginia Power is obligated to provide a pilot project to test the Virginia model.for retail competition. January 1, 2002, through December 31, 2002 Approximately 3.4% of usage, 117,000,000 kWh, $5.8-MILLION payments. 200 potential accounts statewide 13 schools' - $2.5-MILLION 6 non-school $1.4-MILLION Kempswlle Recreation Center Virginia Marine Science Museum Correction Center Judicial Center Pavilion Lake Gaston Pump Station Terms of Pilot Project Participation is voluntary. If the governing body wishes to participate, School Board and City Council ordinances must be approved allowing the locality to enter into a Joint Powers Agreement for the s'pecific purpose of participating in the "pilot" projecr Joint Powers Agreement Vendor choose from 200 accounts 30% school - 70% non-school All accounts selected must have savings Price guarantees Terms of Pilot Project Virginia Beach accounts may or may not be selected Reliability same as with Virginia Power VM_L/VACO Virginia Power Steering Committees are incurring a small cost ($40, 000) to prepare the RFP's and all the Joint Powers' Agreements. The Committee will request the localities, who participate in the pilot project, to return a potion of their savings for reimbursement. The Committee is attempting to recover just those costs' expended up-front. October 10, 2000 -5- CITY MANAGER'S BRIEFING UTILITY ISSUES COMPETITIVE PURCHASE PILOT PROGRAM ITEM # 47201 (Continued) The staff recommended the City proceed with the Pilot Program. An ordinance shall be scheduled,fi~r the City Council Session of October 24, 2000. Relative the usage of the wires entailed in the transmission./be, Mr. Davenport advised this will be a fixed fee. Virginia Power will "unbundle" their rates. The Bill will be similar to the customer's telephone bill encompassing line items for distribution, transmission and stranded cost. Once all those costa' are built-in, then remaining will be: the "generation" cost. This is known as the "shopping credit". The challenge ;~br all the vendors will be come in with a generation cost that is less than the "shopping credit". Mr. Davenport advised the consumer wouM continue to call Virginia Power for interruptions to service. Virginia Power will continue to maintain all of the distribution lines and, at least into the~/breseeable fitture, all of the transmission lines. The generation costs will be the only item deregulated. October I0, 2000 -6- CITY MANAGER'S BRIEFING NORTH LANDING RII?ER WATER USE IO:OO A.M. ITEM # 472O2 Clay Bernick, Environmental Management Administrator, advised the Cities of [qrginia Beach and Chesapeake with the facilitation of Hampton Roads Planning District Commission (HRPDC) have been working on agreements related to the Southern Watersheds of both cities: Back Bay, North Landing and Northwest River Watersheds. There are many water conflicts along the North Landing River and the Memorandum of Agreement is a proposal to improve in a voluntary co-ordinated fashion the best usages of this River. Mr. Bernick introduced John Harlock, Deputy Executive Director, Physical Planning - HRPDC. Mr. Harlock advised the Southern Watershed Area Management Program (SWAMP) is a co-operative venture between the Cities of Chesapeake, Virginia Beach, the HRPDC and the Virginia Coastal Program in the Department of Environmental Quality. SWAMP PROGRAM GOALS Water quality protection and enhancement Open land preservation Ensure compatibility of recreational activities and commerce with natural resource protection. Retain rural character, while accommodating rural residential development. Sustain/encourage agricultural and forestaI activities Mr. Carlock advised the third goal is most important to the topic: Ensure compatibility of recreational activities and commerce with natural resource protection The funding available from the Coastal Program allows the City to develop programs which will enhance current programs and improve the ability to deal with issues identified by the two cities. Approximately fifteen (15) years ago, the City designated the North Landing River and a number of its tributaries as a scenic river. Approximately two years later, the State also designated the River and its tributaries as a scenic river. Recreational activities and natural resources were the primaryfactors in this designation. The Northwest River is the main waterway of the Intercostal Waterway through Hampton Roads, Chesapeake and Virginia Beach. Therefore, there is competition between recreational and commercial activities. Land use along the waterway is devoted extensively to conservation areas. There is extensive agricultural development and a limited amount of residential development. MOA Participants City of Chesapeake City of Virginia Beach Hampton Roads Planning District Commission U.S. Army Corps of Engineers U.S. Coast Guard U. S. Fish and Wildlife Service Virginia Departments of: Conservation and Recreation Environmental Quality fq/irginia Coastal Program) Game and Inland Fisheries The effort began in January 1999 with monthly meetings for a period of time, followed by quarterly meetings. In the winter of 1999, a meeting was hem with users of the waterway, who indicated their support and desire to continue working with communities on this program. A Public Meeting in April was not very well attended, but those present did indicate their support for the program. October 10, 2000 -7- CITY MANAGER'S BRIEFING NORTH LANDING RIVER WATER USE ITEM # 47202 (Continued) To promote safe conflicts. Purpose of Agreement boating through increased public awareness of use To protect rate and unique ecosystems from damage by on-water uses through increased public awareness of the importance of these systems to the health of the River. Mr. Carlock displayed a North Landing River Water Use Plan Map depicting the appropriate locations for the occurrence of different waterway activities: Low Impact Recreation General Recreation Special Use/High Speed Recreation Terms of Agreement Incorporate North Landing River Water Use Plan in educational programs Consultation during siting of boat launching facilities Participate in development of educational materials Participate in surveys of users Participate in quarterly coordination meetings Participate in evaluation after one year There were minor changes in the agreement to indicate there is no financial liability or commitment on the part of any of the signatories. The Hampton Roads Planning District Commission, through the current grant program, would have the lead in compiling the educational materials. The agreement has been modified to reflect the City Attorney's comments and concerns. By virtue of this agreement, no signatory to the agreement would result in owning property or committing the others to land ownership. The Chesapeake City Council approved the SWAMP Agreement on August & 2000. October 10, 2000 -8- CITY MANAGER'S BRIEFING BOARD WALK TRAMS 10:15 A.M. ITEM ti 472O3 Dale Castellow, Transportation Planing Coordinator - Planning, introduced Cheryl Chapline, Transit Development Manager, and dayne B. Whitney, Assistant Executive Director - Hampton Roads Transit. Comments have been received from the Federal Transit Administration advising the possibility of any vehicle (boardwalk tram) ultimately recommended and the City Council's selection for purchase may have to be "tested". The test is for performance, maintenance and safety characteristics. Some localities have elected to purchase these vehicles with local dollars, thus eliminating this requirement. HRT has received a grant to pay 80% of the cost of this vehicle. Cheryl Chapline presented a status report of the Tram Task Force. Tram Task Force Guidelines Service Location: lst Street to 40th Street Vehicle Type: Open Air, Pedestrian Scale, Attractive Compressed Natural Gas (CNG) Fueled Based on City of Virginia Beach's Alternative Fuel Policy Recommended Fare - $1 Dollar (One- Way) No Exterior Advertising Service Plan Three (3) Trams Plus a Spare Power Unit 50-60 Person Capacity, each Tram 20-30 Minute Headways No Designated Stops Task Force Initial Goals Develop Basic Operating Plan Research Available Tram Vehicles Gather information from other Resorts using Trams Develop Vehicle Specifications for RFP Solicitation The Basic Operating Plan wouM entail an Operating Season of one week before Memorial Day through the Neptune Festival. Three (3) trams would operate with a spare power unit available. There would be 20- minute headways. However, this would be flexible according to congestion. The Operating Hours would be 12-NOON to MIDNIGHT. Ms. Chapline displayed a Map of Tram Service Routes. The Trams traveling southbound would exit off of the Boardwalk at Second Street, go out to Atlantic Avenue and reenter the Boardwalk on Fourth Street. Northbound, the trams wouM exit off the Boardwalk at Thirty-seventh Street, go north on Atlantic to Fortieth Street and loop back onto the Boardwalk heading south. Basic Operating Staff Two (2) Staff for Each Tram Alternate duties of Driver and Attendant Attendant Responsibilities: Notify Driver to stop the Tram Collect Fares Informational Host October 10, 2000 CITY -9- MANAGER'S BRIEFING BOARD WALK TRAMS ITEM # 47203 (Continued) ESTIMATED OPERATING COST & EXPECTED RIDERSHIP Estimated Operating Cost $ 275, 000 Expected Ridership: 130, 000 - 160, 000 Estimated Subsidy: $115, 000 - $145,000 City Staff exploring availability of Grants for operating assistance. Concerning vehicle types, there is limited competition. The Task Force was only able to Iocate five vendors manufacture trams. These vendors presented information to the Task Force on August 25, 2000. Generally the width of the vehicles ranged from five (5) to eight (8)feet with a high range offour and 'half(4. 5) to nine and 'half(9. 5)feet. Alternative fuels are available for these trams. The capacity ranges from twenty (20) to one hundred five (105) individuals. The majority offer a low floor with open air design. Delivery Time is from four (4) to eight (8) months. Some models reviewed were currently in research and development; and, therefore, not physically available. Mr. Chapline displayed, through PowerPoint, various vehicle styles and in formation from several Beach Resorts: Ocean City, Maryland: Operate 8 trans on 2. 5 mile Boardwalk Separate tram lane Fare is $2.50 one-way Ridership is approximately 500, 000 per season Revenue exceeds operating cost Purchasing new trams for 2001 season Wildwood, New Jersey 2-mile Boardwalk Fare is $1.75 one-way Privately Operated Daytona Beach, Florida Started Tram Service this year Two trams Free St. Augustine, Florida 3-Day Pass for $12. O0 Ms. Chapline reiterated the proposed key vehicle characteristics: Maximum Size: 7' wide x 8'-6" high Compressed Natural Gas Engine with minimum 150-mile range Open air design with low floor (13" maximum) Meet/Exceed ADA Requirements Minimum 60-person capacity per tram No research and development vehicles Ability to operate on public roads Communication system Raised attendant seat Electronic Fare Box Optional Features - Safety Closure Bars and Rain Curtains October 10, 2000 -10- CITY MANAGER'S BRIEFING BOARD WALK TRAMS ITEM ti 47203 (Continued) The next steps wouM entail: Develop Performance/Technical Specifications to support "Key Vehicle Characteristics" Resolve FTA Vehicle Testing requirements Advertise/Issue RFP: Technical review of proposals Select most responsive, responsible proposal Provide vehicle recommendation to City Council Bill Pearson, Trolley Operations Manager, advised the Trams wouM not run on the Boardwalk during certain special events as Art Show, Neptune Festival and sometimes during the Holidays. Dale Castellow advised Ocean City raised their fare this past Season and their ridership increased despite this increase. There will be a subsidy of approximately $115,000. With a $1.50 to $2.00 fare, the City would break even. HRT will be the purchaser, owner and operator of the vehicles. Ms. Chapline advised Ocean City is in the process o flocking for new trams as they wish to get away from a gasoline engine and revert to an alternative fuel vehicle with ADA compliance. Rod Hudome advised the ridership on the trolleys this year was 600, 000. Every year the ridership has continued to increase. Mr. Hudome advised the operating hours are subject to review. Jayne 14/hitney advised when Trams are purchased, there will be the expectation that service will continue. Iffor some reason, the service is discontinued the vehicles couM be scm and a portion of the funds returned to the Federal Government. Mayor Oberndorf suggested during the Winter months, the trams might be rented and utilized in Lynnhaven Mall, Pembroke or other malls as a Christmas train to convey passengers from the shopping area to their cars. Mayor Oberndorf advised individuals with disabilities will certainly utilize the Boardwall{ Tram. From this prospect, she does support the concept, if the proper size and design can be chosen. Dale Castellow advised HRT is currently conducting a fare study for the possibility of equalizing them. The fare for the trolley system at the Resort is also being reviewed as part of this study. Aesthetics have been included as part of the selection process. BY CONSENSUS, the City Manager shall proceed with the RFP. Vice Mayor Sessoms requested Council Members compose the Selection Committee relative the type of Tram to be utilized October 10, 2000 -11 - AGENDA RE VIEW SESSION l l :OO A. M. ITEM # 47204 Ordinance to ACCEPT and APPROPRIA TEa $231,250 grant from the Department of Housing and Urban Development (HUD) to the Virginia Marine Science Museum (CIP #9-010) - Phase III (Design) re architectural and engineering services associated with exhibits; and, estimated revenue from the Federal Government be increased accordingly. This item will be discussed during the Formal Session, as many speakers have registered. ITEM # 47205 Ordinance to establish a Super Hornet Commission re defining the membership, purpose and dissolution thereof' and, to adopt the Commission's bylaws. This item will be discussed during the Formal Session ITEM # 472O6 City Manager requests authorization to implement the Oceanfront Traffic Management Plan Pilot Program by Summer of 2001. This item will be discussed during the Formal Session ITEM # 47207 K. 1. Resolution re a non-binding Letter of Intent which proposes modifications to enhance the Town Center project through execution by the ~'rginia Beach Development Authority; and, authorizing the development of project documents. City Council will be briefed relative the Letter of Intent concerning the modifications to the Town Center. ITEM # 47208 BY CONSENSUS, the following shall compose the CONSENT A GENDA: ORDINANCES ~ 1 Ordinances agreements: a. b. J. 4. to authorize the City Manager to execute lease Farmers ' Market - Space #2 to donnie Fuselier t/a Times Remembered DeWitt Cottage to Back Bay Wildfowl Guild Ordinance to authorize temporary encroachments into a portion of the beach front known as Ocean Boulevard to WILLIAM and LORRAINE STEMPLE AND R. KEITH HATHAWAY re constructing and maintaining an existing walkway, stairway and raised deck at 612 and 616 South Atlantic Avenue (BEACH - DISTRICT 6). October 10, 2000 -12- AGENDA RE VIE W SESSION ITEM # 47208 (Continued) Ordinance to authorize the City Manager to award the contract for advertising and public relations for the Departments of Convention and Visitor Development and Museums and Cultural Arts to Barker, Campbell, Farley and Mansfield, beginning January 1, 2001. J. ~. REFUNDS: a. License - $18,868.33 b. Utility - $ 1,952.33 October 10, 2000 - 13- AGENDA RE VIE W SESSION ITEM # 47209 L. 1. bo Applications of ARMADA/HOFFLER HOLDING COMPANY (PRINCES5' ANNE - DISTRICT 7): Modification of Proffers placed on the June 14, 1994, approved Change of Zonin£ District Classifications from A-12 Apartment District and B-2 Community Business District to Conditional B- 2 Communi~ Business District Classification for Bel-Aire, Inc. & King's Way Corp. at the northeast corner of Dam NeckRoad and General Booth Boulevard Discontinuance, closure and abandonment of Dam Neck Station Road beginning on the eastern boundary of General Booth Boulevard and running in an easterly direction to the eastern terminus, containing 1.336 acres Council Lady Henley advised this item will be discussed relative the traffic issue. ITEM # 47210 L. 2. Application of WA WA, INC. for a Modification to the Green Run Land Use Plan to allow an automobile service station (fuel sales) in conjunction with a convenience store at the northeast corner of Lynnhaven Parkway and Windmill Point Crescent, containing 2.30 acres (ROSE HALL - DISTRICT 3). Council Lady McClanan wished to delete the last sentence in Condition No. 10. She advised Attorney Bourdon had concurred with this recommendation. 10. Signs for the site shall be limited to traffic control signs, the monument sign noted above in Condition Four, and the signs as shown on the building elevation identified in Condition Three. No signs shall be installed on any other wall area of the building of of ° ..... or on the ro the building o,,~,,o i;iay be,,a~,~,~ut'-~',, .... t_~ z.~, ITEM # 47211 K. 3. Petition of IRA L. and HELEN M. FISK, Trustees, for the discontinuance, closure and abandonment of a paper street, Waring Street, on the west side of Avalon Avenue and running in a westerly direction a distance of 589 feet, containing 34, 333 square feet (CENTERVILLE - DISTRICT 1). The City Attorney advised a Revised Ordinance was distributed to City Council, which reflects Condition 6. October 10, 2000 -14- AGENDA RE VIEW SESSION ITEM # 47212 Petition of VISTA CIRCLE A$$OCIA TE$, LLC and MARTHA M. HARNESS, Trustee, for the discontinuance, closure and abandonment of an unimproved portion of Lynnhaven Drive adjacent to the northern portions of Lots i & 2, Block 23 and Lots 3, 4 & 5, Block 23, Plat of Lynnhaven Shores, containing 6, 350 square feet (L YNNHA VEN - DISTRICT 5). Mayor Oberndorf Council Lady McClanan and Councilman Branch did not concur with condition No. 1 relative the mature trees. The mature trees located within the closed portion of the right- of-way adjacent to Lots ] and 2 should be preserved and may not be removed without written approval from the Planning Director. Robert Scott, Director of Planning, advised at the present time there is no need to cut down the trees.. ITEM # 47213 Application of VILLAGE BAPTIST CHURCH for a Conditional Use Permit for a church at the southeast corner of Holland Road and Stoneshore Road (3420 Holland Road), containing 1.363 acres (ROSE HALL - DISTRICT 3). Council Lady McClanan expressed concern relative the absence of a 5-year time limit on the Conditional Use Permit. Council Lady Henley referenced the churches located in shopping centers and inquired relative the tax situation. Since churches are customarily not taxed, how does this relate to the shopping center. Assistant City Attorney Fentress advised if the owner is not the church, there is no tax exemption. Council Lady Henley requested information relative the number of churches located in shopping centers. Mayor Oberndorf advised there are a number of church schools also located in shopping centers. ITEM # 47214 K. 6. Application of ACTS 2 CHURCH for a Conditional Use Permit for a church at the southwest intersection of Indian River Road and Level Green Boulevard (929 Level Green Boulevard), containing 1.747 acres (CENTERVILLE- DISTRICT 1) Council Lady Eure expressed concern relative Condition No. 4. She wished to make sure the landscaping is continually maintained If the conditions is revised, this item will be on the Consent Agenda. The existing landscape bed on the east side of the building in front of the space to be leased by the church must be cleaned out and landscaped in accordance with regulations for foundation landscaping., and continually maintained in good condition. October 10, 2000 -15- AGENDA RE VIE W SESSION ITEM # 47215 K. 7. Application of CHECKERED FLAG MOTOR CAR CO., for a Conditional Use Permit for motor vehicle sales on the south side of Virginia Beach Boulevard, east of Clearfield Avenue, containing 8. 827 acres (KEMPSVILLE - DISTRICT 2) Councilmen Jones and Mandigo wished to be assured the stormwater management drainage does not have an adverse effect on the neighborhoods. ITEM #47216 BY CONSENSUS, the following shall compose the Planning By Consent Agenda K. 7. K. 8. LiO Application of WA WA, INC. for a Modification to the Green Run Land Use Plan to allow an automobile service station (fuel sales) in conjunction with a convenience store at the northeast corner of Lynnhaven Parkway and Windmill Point Crescent, containing 2. 30 acres (ROSE HALL - DISTRICT 3). Petition of IRA L. and HELEN M. FISK, Trustees, for the discontinuance, closure and abandonment of a paper street, Waring Street, on the west side of Avalon Avenue and running in a westerly direction a distance of 589 feet, containing 34, 333 square feet (CENTERVILLE - DISTRICT O. Application o fACTS 2 CHURCH for a Conditional Use Permit for a church at the southwest intersection of Indian River Road and Level Green Boulevard (929 Level Green Boulevard), containing 1.747 acres (CENTERVILLE-DISTRICT 1). Application of CHECKERED FLAG MOTOR CAR CO., for a Conditional Use Permit. for motor vehicle sales on the south side of Virginia Beach Boulevard, east of ClearfieM Avenue, containing 8. 827 acres (KEMPSVILLE - DISTRICT 2). Application of COLUMBUS ONE, L.L.C., for a Change of Zoning District Classification from B-3 Central Business District to Conditional B-3A Pembroke Central Business Core District at the southwest corner of Virginia Beach Boulevard and Constitution Drive, containing 6.46 acres (ROSE HALL - DISTRICT $). Application of CITY OF VIRGINIA BEACH to AMEND 3~ 203 of the City Zoning Ordinance (CZO) by deleting the requirement that parking surfaces have an all weather surface. Item K. 2. will be APPROVED, BY CONSENT, with Revised Condition. Item K. 3. will be APPROVED, BY CONSENT, with Revised Ordinance. Item K. 6 will be APPROVED, BY CONSENT, if applicant concurs with Revised Condition. October 10, 2000 City of Virginia Bcach OFFICE OF THE CITY MANAGER (7571 427-4242 FAX {757) 427-4135 TDD (757) 427-4305 October 27, 2000 MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9001 Chairman Thomas E. Fraim and Commissioners Beaches and Waterways Advisory Commission RE: Personal Watercraft · Dear Chairman Fraim and Commissioners: At the October 10 City Council meeting, I was directed to refer to you the task of comprehensively reviewing our policies and ordinances related to personal watercraft (jet skis) and forming recommendations for changes to improve boating safety. Please accept this letter as your official referral from City Council on this matter and our collective appreciation for your willingness to address such issues. Staffwill be bringing you copies of the existing policies and ordinances, along with applicable sections of the Code of Virginia. It is anticipated that your effort will involve public dialogue. After initial review of the background materials, it may be appropriate to conduct a public workshop to solicit input and dialogue from all interested citizens. Your efforts in this regard will be greatly appreciated. CC: With Pride In Our City, James K. Spore City Manager Honorable Mayor and Members of City Council Leslie L. Lilley, City Attorney C. Oral Lambert, Jr., Chief Operating Officer A.M. Jacocks, Jr., Chief of Police E. D. Block, Director of Public Works Robert J. Scott, Director of Planning -16- CITY COUNCIL COMMENTS ll:IOA. M. ITEM # 47217 Vice Mayor Sessoms referenced the Jet Ski Committee, on which he and Council Lady McClanan worked together for a number of years. One of the goals was the formation of the Beaches and Waterways Commission. Vice Mayor Sessoms and Council Lady McClanan wish the Commission to review the jet ski policies and ordinances. Vice Mayor Sessoms is especially concerned with ongoing issues in Crystal Lake and the retention ora copy of the jet ski renters' drivers license for a few days after rental. ITEM # 47218 Councilman Harrison referenced the Lotus Creek property. As requested, the developers have ceased construction of the road as requested. The City Manager advised receipt of purchase contracts and the City is proceeding with an appraisal. This item will be discussed in CLOSED SESSION. ITEM # 47219 Council Lady Eure referenced drainage problems in Larkspur. The contractor has never installed the proper drainage system. These firms are still in business, Council Lady Eure had previously addressed this problem relative Shadow Creek.. The City is having to incur the cost for the problems in Larkspur. Council Lady Eure requested an agreement by the developer if the drainage system fails, the developer must repair same. More responsibility needs to be taken by the developers' of these large parcels relative the drainage systems. ITEM # 47220 Mayor Oberndorf complimented the visual delight of the new Creeds School Library. Council Lady Wilson visited the new library at Creeds School. Council Lady Wilson advised there is 9, 000 square.feet of library space. A room with 36 computers can be utilized by the public after school hours. The design is beautiful and she encouraged all the citizenry to visit the library. ITEM #47221 Councilman Mandi go extended compliments to the staff relative the inspection of the parking garages. This was accomplished in a thorough and timely manner. The City Manager advised there has been confusion on the part of the media that the City Council was to make a decision relative the parking deck inspection program during the Formal Session. This was not the intent. The staff has been able to have the inspections completed ahead of schedule. The staff is also following up with two consultants involving code interpretation and follow-up inspections. The City is proceeding to assure these parking decks are safe. Robert Scott, Director of Planning, advised Council Lady Parker he believes the follow-up inspections wouM be completed in two weeks. ITEM # 47222 Council Mandigo referenced citizen correspondence relative the destruction of historical documents, plats and maps in the office of the Circuit Court. The City Manager' s office is reviewing this allegation. ITEM # 47223 Relative the Ordinance to establish a Super Hornet Commission re defining the membership, purpose and dissolution thereof; and, to adopt the Commission's bylaws, Mayor Oberndorf referenced correspondence from Captain Shick, Chairman - CCAdN. Mayor Oberndorf suggested a proposal which can provide for the examination of the problems being articulated as perceived by residents uncomfortable with the jets. Mayor Oberndorf will make a recommendation for a separate committee. This Committee wouM include some of the areas mentioned by the Captain and the residents he represents. It will be a committee hopefully with the Navy's participation in attempting to find solutions. Mayor Oberndorf advised the letters received by Council Members from Captain Shick were at her request. October 10, 2000 -17- CITY COUNCIL COMMENTS ITEM # 47224 Mayor Oberndorf advised she officiated at the opening of the impressive AAA of Tidewater located at 5366 Virginia Beach Boulevard, next to Haynes. One of the displays was from Colonial Williamsburg. consisting of ginger bread and sugar coola'es. Mayor Oberndorfbrought back a coola'e to each City Council Member. Including selling car, home and flood insurance, the AAA of Tidewater also is a travel store and sells luggage. If you are member of AAA, American Express Travelers Checks are j~kee. ITEM # 47225 The City Manager distributed an item related Armada-Hoffler. He was under the impression this information had been forwarded to City Council with their Agenda on Friday. October 10, 2000 -18- ITEM tl 47226 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the FIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, October 10, 2000, at ll:28 A.M Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William ~ Harrison, dr. Barbara M. Henley, Louis R. clones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Rosemary Wilson and l/ice Mayor William D. Sessoms, dr. Council Members Absent: None October 10, 2000 - 19- ITEM tt 47227 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration 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. ]-344 (A) (1). Boards and Commissions: Historical Review Board Public Library Board Super Hornet Commission PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly&eld real property, where discussion in an open meeting wouM adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). To-Wit Acquisition/Disposition of Property Great Neck/Lynnhaven 264 Interchange 3]st Street Project Sandbridge Fire Station Site Lotus Creek Associates. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). S jar Street project City Facilities TownCenter Project Upon motion by Vt'ce Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr. Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyers E. Oberndorf, Nancy K. Parker, Rosemary Wilson and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None (Time of Closed Session: ll:28 A. M.. to 1:55 P.M.) October 10, 2000 - 20 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 10, 2000 2:IO P. M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the School BoardMeeting Room, School Administration Building No. 6, on Tuesday, October 10, at 2.'10 P.M. Council Members Present: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis' R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr. Mayor Meyers E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: None INVO CA TI O N: Reverend Jay Smith First Baptist Church of Virginia Beach. Mayor Oberndorf advised Council Lady Henley lost her dear father this past Thursday, October 5, 2000, He, in his many years (91), was a valued public servant serving on the School Board. He was revered as a "pillar" of the community. Mayor OberndorfrequestedReverend Smith rememberMr. LloydMurden in his Invocation. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, DISCLOSED there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 2000, is hereby made a part of the record. October 10, 2000 Item V-E. - 21 - CERTIFICATION OF CLOSED SESSION ITEM # 47228 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. 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, 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: Linwood O. Branch, III, Margaret L. Eure, William ~. Harrison, dr., Barbara M Henley, Louis R. dories, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 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 # 47227, Page 19, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. 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. City Clerk October 10, 2000 - 22 - Item V-F. 1. MINUTES ITEM # 47229 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFOR34AL AND FORMAL SESSIONS of September 26, 2000. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms ABSTAINED as he was not in attendance during the City Council Session of September 26, 2000 October 10, 2000 Item V-G. - 23 - ADOPT A GENDA FOR FORMAL SESSION ITEM # 47230 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 10, 2000 Item V-H. 1. - 24 - MA YOR 'S PRESENTATION ITEM # 47231 Following the 1999 Summer season, the City Manager, after discussions with City Council established the Resort Season 2000 Advisory Committee for the purpose of evaluating how the City might improve upon its efforts to manage the Resort Area and enhance the "resort experience" offered to tourists and residents. In its final report, the committee recognized the City's goal to "buiM Virginia Beach into a World Class Tourist Destination" and also recognized that a number of concerns, especially behavioral problems, are impeding the City's ability to reach that goal. To address these concerns, the Committee recommended, the development of a plan "for use by the Resort community to clearly and positively communicate behavioral expectations. A Behavioral Subcommittee was appointed to assist in its development. The Behavioral Subcommittee, over the course of several months, developed and helped implement a "behavioral expectations campaign ". Mayor Oberndorf on behalf o fall members of City Council, RECOGNIZED the following individuals for a Successful 2000 Resort Season. City Manager James K. Spore City Attorney Les Lilley Chief Operating Officer Oral Lambert City Manager's Resort Season 2000Advisory Committee: B.d. Baumann, Jimmy CaRps, Dr. Joshua Edwards, Sr., Mary Pat Fortier, Colonel Cornell Fuller, Joe Hawa, Chief A. M "dake " Jacocks, Oral Lambert, Council Lady Reba McClanan, Bobby Melatti, Bill Miller, Mary Anne Nixon, Jim Ricketts and Dan Stone, and those whose administrative support was provided by Andy Friedman as the Facilitator, Catheryn Whitesell and Kathy Cooper. The Behavioral Subcommittee, whose members included, in addition to those individuals who also served on the City Manager's Resort Season 2000Advisory Committee: Randy Blow, Jim Davis, Captain Ray Eisenberg, John Herzke, Beth Anne Lawson, Flo McDaniel and Preston Midgett, and those whose administrative support was provided by Daisy Cohan and Pam Lingle. Barker, Campbell, Farley & MansfieM Beach Events Friendship Patrol Human Rights Commission Resort Beach Civic League and Coalition Resort Leadership Council Resort Retailers Association Hotel and Motel Association Virginia Beach Restaurant Association Police Community Relations Chaplains The Youth Intervention Team Departments of Convention and Visitor Development, Emergency Medical Services, Fire, General Services, Law, Police, Public Works, Social Services and the Media and Communications Group There were many young people whose voluntary compliance with the behavioral expectations greatly contributed to the campaign's success. October 10, 2000 Item V-L 1. - 25 - PUBLIC HEARING ITEM # 47232 Mayor Oberndorf DECLARED A PUBLIC HEARING: OCEANFRONT TRAFFIC MANAGEMENT PLAN The following registered to speak in OPPOSITION: Attorney R. ~ Nutter, 4425 Corporation Lane, Phone: 518-3200, represented over 45 hotel owners, retailers and restaurants Richard Kowalewitch, 305 16th Street, Phone: 428-7363, James Capps, President- Virginia Beach Hotel/Motel Association, Breakers Resort- 16th and Atlantic, Phone: 428-1821, presented their position. Mike LaGigilia, Jr., 1405 Crystal Parkway, Phone: 422-2573, represented the Resort Retailers Association Henry Richardson, l128 Hill Road, Phone: 428-2203, owner of three hotels in the area and Past President of Virginia Beach Hotel/Motel Association Bill Dillon, Abbey Road Restaurant, Phone: 425-6330, Chairman - Oceanfront Issues Committee, Virginia Beach Restaurant Association Barbara Messner, Post Office Box 514, Phone: 422-1902 The following registered in SUPPORT: Jack Connell, 409 23ra Street, Phone: 428-1562, represented the Resort Beach Civic League Tim Barrow, represented the Resort Advisory Commission (RAC) Mayor Oberndorf CLOSED THE PUBLIC HEARING. October 10, 2000 - 26- Item V-I. 2. PUBLIC HEARING ITEM # 47233 Mayor Oberndorf DECLARED A PUBLIC HEARING: FARMERS' MARKET LEASE- Space #2 to Jonnie Fuselier t/a Times Remembered There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. October ]0, 2000 Item V-I. 3. - 27- PUBLIC HEARING ITEM # 47234 Mayor Oberndorf DECLARED A PUBLIC HEARING: DEWITT COTTA GE LEASE There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. October 10, 2000 Item V-J. - 28 - ORDINANCES ITEM # 47235 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, Ordinances 1, 4, 5, and 7 of the CONSENTA GENDA. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 Item V-~. 1. ORDINANCES Upon motion by Vice Mayor Sessoms, - 29 - ITEM ti 47236 seconded by Councilman Branch, City Council ADOPTED: Ordinances to authorize the City Manager to execute lease agreements: a. Farmers 'Market - Space #2 to donnie Fuselier t/a Times Remembered b. De Witt Cottage to Back Bay Wildfowl Guild Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, ~lr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 1 2 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE A SPACE AT THE VIRGINIA BEACH FARMERS MARKET 10 11 12 13 14 15 16 17 18 19 WHEREAS, the City of Virginia Beach has leased spaces in the Farmers Market located at the intersection of Princess Anne and Dam Neck Roads for twenty-three years; WHEREAS, a space at the Farmers Market is available for lease, and City staff has identified a proposed tenant wishing to lease this space; and WHEREAS, a public hearing concerning the proposed lease has been advertised and conducted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized on behalf of the City of Virginia Beach to enter into a lease agreement with Jonnie Fuselier (trading as "Times Remembered") for space ~2 at the Farmers Market. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 day of October , 2000. CA7809 F:~Data~ATY~Ordin~NONCODE~FM space 2.ord.wpd September 25, 2000 R-1 APPROVED AS TO CONTENT: ~partment of Agriq~ulture APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY AND THE BACK BAY WILDFOWL GUILD FOR THE USE OF THE DEWITT COTTAGE PROPERTY 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the City of Virginia Beach ("City") acquired title to the deWitt Cottage property (the "Property") by deed from the Virginia Beach Foundation on October 24, 1995, a copy of which is attached as Exhibit A; WHEREAS, the Property was leased to the Back Bay Wildfowl Guild (the "Guild") for a period of five years commencing on the date that ownership of the Property was conveyed to the City and the Guild was prepared to assume occupancy of the Property; WHEREAS, the current lease between the City and the Guild will expire on October 24, 2000; WHEREAS, the City's Department of Museums and Cultural Arts has determined that it is in the best interest of the City, its citizens and its visitors that the Guild continue to use the Property consistent with the City's mission to preserve the historic nature of the Property and to maintain operations and activities that complement the general level of culture of the City of Virginia Beach; and WHEREAS, the Guild desires to continue its use of the Property consistent with the City's mission as aforesaid. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease between the City and the Back Bay Wildfowl Guild for use of the deWitt Cottage Property in accordance with the Summary of Terms attached hereto, and containing such other terms as are acceptable to the City Manager and approved by the City Attorney. 27 28 October Adoptedbythe Councilofthe City ofVirginiaBeach, Virginia, onthe__ ,2000. 10 day of CA-7825 F:\USERS\LCLEMENT\PRIVATE\ca7825.ord.wpd R-1 8/2 !/00 APPROVED AS TO CONTENT: Department of Museums and Cultural Arts APPROVED AS TO LEGAL SUFFICIENCY: Department of Law /~ 2 SUMMARY OF TERMS LESSOR: LESSEE: TERM: RENT: LEASE FOR THE USE OF THE DEWITT COTTAGE City of Virginia Beach. Back Bay Wildfowl Guild. October 23, 2000 - October 23, 2005. One Dollar ($1.00) annually. RIGHTS AND RESPONSIBILITIES OF GUILD: Will use the deWitt Cottage located on the Leased Premises for operations and activities that preserve the historic nature of the deWitt Cottage and complement the general level of culture of the City. The cottage must remain open to the general public for at least 120 days and for a total of at least 1,000 hours per year. Will provide daily housekeeping services and pay for all telecommunications fees. Will provide written security procedures designed to reasonably protect the Leased Premises against damage. Will not perform major repairs or make any alterations or improvements without the written consent of the City. Will maintain commercial general liability insurance with limits of not less than $1,000,000.00 CSL and all risk casualty insurance, at replacement cost value and with replacement cost endorsement, covering all of the Guild's personal property, all fixtures, floor coverings, furniture and leasehold improvements installed in the cottage by or on behalf of the Guild. The Guild will also maintain Worker's Compensation insurance to the extent required by state law. RIGHTS AND RESPONSIBILITIES OF CITY: May insure or self-insure against loss/casualty of and may maintain comprehensive public liability insurance through its self-insurance program. Will maintain and repair the Leased Premises and provide, at its sole cost and expense, utilities and services such as electricity, heating, fuel, water, sewer, waste collection and minimal weekly housekeeping services. TERMINATION: The City may terminate if the Guild fails to cure a default within 45 days after receipt of written notice of default. The Guild may terminate by providing the City 60 days written notice. F:\U sers\VValldej\WP~B ZA\dewittlse. sum. wpd 093: 692 8 (3555P6134 7 EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3), 58.1-811(c)(4), & 25-249 THIS DEED, Made this 28th day of September, 1995, by and between THE VIRGINIA BEACH FOUNDATION, a Virginia nonstock corporation, "Grantor," party of the first part, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, "Grantee," party of the second part. W I T N E S S E T H: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable considerations, the receipt of which is hereby acknowledged, the said Grantor does hereby sell, assign, transfer, grant and convey with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, unto the said City of Virginia Beach, Grantee, the following described property, to wit: All those certain lots or pieces of land with the buildings thereon, in the City of Virginia Beach, Virginia, known, numbered and designated upon a plat of 'the Virginia Beach property which is attached to and made a part of a deed to Robert M. Hughes from the Norfolk and Virginia Beach Railroad Company, dated July 21, 1887, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as lots numbers one (1) and two (2) in Block eleven 911) also known as Square (11), which lots are bounded and described as follows: Beginning at the Southeastern intersection of Twelfth Street and Atlantic Avenue and running South along the East side of said Atlantic Avenue one hundred and five (105) feet, thence Eastwardly at right angles with Atlantic Avenue one hundred and fifty GPIN: 2427-25-5317; 2427-25-5322 EXHIBIT A Bt(3555P61 31 8 (150) feet; thence northerly parallel with Atlsntic Avenue one hundred and five (105) feet to Twelfth Street, thence Westwardly along the Southern side of Twelfth Street one hundred and fifty (150) feet to the point of beginning. It being a part of the same property conveyed to Grantor by deed of the de Witt Sisters dated October 1, 1990, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2945, at page 1305. This conveyance is made subject to any covenants, conditions, restrictions and easements in the chain of title constituting constructive notice. This conveyance is expressly subject to the restrictions and agreements placed upon the above property by the deed from the de Witt Sisters to the Virginia Beach Foundation dated October 1, 1990, and recorded as shown above. The terms, conditions and provisions contained in the de Witt Cottage Agreement relating to a successful challenge of the use of the de Witt Cottage property for charitable and governmental activities by the City or the Foundation ar incorporated herein by reference. IN WITNESS ~{EREOF, The Virginia Beach Foundation, a Virginia nonstock corporation, has caused these presents to be signed on its behalf by its President, as 9f the day and year first above written. WITNESS the following signatures and seals: 2 Bi( 3555PI] 13L~ 9 THE VIRGINIA BEACH FOUNDATION, a Vi~ock corporation Thomas R.~antz, President ~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Julia C. Krumpelman, a Notary Public in and for the city and State aforesaid, do hereby certify that Thomas R. Frantz, President of The Virginia Beach Foundation, a Virginia non-stock corporation, whose name is signed to the foregoing writing, bearing date the 24th day of October, 1995, has subscribed and sworn the foregoing instrument before me in my City and State aforesaid. Given under my ,]and this ~¢~day of (.~Jt~'~.~k , 1995. Ii My Commission Expires: ' ' Notary/~ubli~ It-.~ RECORDED WITH CE/:? TIFICA 95/'/OV -2 /U"I lO: 58 Item V-I.Z - 30 - ORDINANCES ITEM # 47237 The following registered to speak in OPPOSITION: Susan Q. Wagner, represented Dolphin Liberty of Virginia, 900 Poquoson Circle, Phone: 340-9048 Georgia Devers, represented Dolphin Liberty of Virginia, 762 Casual Court, Phone: 426-2839 Edward Roehm, represented Dolphin Liberty of Virginia, 1912 Sandee Crescent, Phone: 481-6115 Doris Baker, represented Dolphin Liberty of Virginia, 4848 Kempsville Green Parkway # 101, Phone: 474-2180 Bobbi Hoffman, represented Dolphin Liberty of Virginia, Post Office Box 1514, Phone: 43 7-0207 Dr. Steve DeLong, represented Dolphin Liberty of Virginia, College Professor - Tidewater Community College 900 Charmell Drive, Phone: 422-4991 Bill Neely, represented PETA, 490 Piney Branch Court, # 103, Phone: 437- 7024 Paul Fergeson, represented Dolphin Liberty of Virginia, 2821 Shearwater Cove, Phone: 431-2504 Nevin Bunnell, represented Dolphin Liberty of Vt'rginia, 3948 Roebling Lane, Phone: 306-9519 Todd Eichman, represented Dolphin Liberty of Vt'rginia, 3937 Lombard Court, phone: 624-5213 Tracy Snyder, represented Dolphin Liberty of Virginia, 200-B 89th Street, Phone: 491-9272 Barbara Harper, represented Dolphin Liberty of Virginia, 100 Air Station Drive, Phone: 428-2904 Lt. Tamara Chase, USN, represented Dolphin Liberty of Virginia, 2209 Willow Oak Circle #106 Sandra Krebs, wildlife rehabilitator- represented Dolphin Liberty of Virginia, 1209 Sycamore Road, Phone: 486-8313 The following registered in SUPPORT: Dr. Margaret Zimmerman, Virginia Wesleyan College, 1223 Lawrence Grey Drive, Phone: 464-0033 Chris Wood, 1089 Chinquapie Lane Richard Welton, Executive Director - Coastal Conservation Association, 301 4th Street Dorcas Helfant, represented the Virginia Marine Science Museum Board of Directors, 805 Baltic Walk Upon motion by Councilman Harrison, seconded by Vt'ce Mayor Sessoms, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $231,250 grant from the Department of Housing and Urban Development (HUD) to the Virginia Marine Science Museum (CIP #9-010) Phase III (Design) re architectural and engineering services associated with exhibits; and, estimated revenue from the Federal Government be increased accordingly. Voting: 10-1 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: None October 10, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $231,250 GRANT FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO CAPITAL PROJECT # 9- 010, VIRGINIA MARINE SCIENCE MUSEUM - PHASE III (DESIGN), TO PROVIDE FUNDING FOR ARCHITECTURAL AND ENGINEERING SERVICES ASSOCIATED WITH EXHIBITS WHEREAS, the Department of Housing and Urban Development allows localities to carry out economic development activities that include funding initiatives for architectural and engineering services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $ 231,250 grant is hereby accepted from the Department of Housing and Urban Development and appropriated to Capital Project # 9-010, Virginia Marine Science Museum - Phase III (Design), to provide funding for architectural and engineering services associated with exhibits as a part of the Virginia Marine Science Museum Phase III expansion; and 2. That estimated revenue from the Federal Government is hereby increased in the amount of $ 231,250. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 day of October , 2000. Requires an affirmative vote by a majority of the members of City Council. CA7834 F:~Data~ATY\Ordin\NONCODE\VMSM Phase III.ord.wpd August 4, 2000 RI Approved as to Content: Approved as to Legal Sufficiency: ~td~~ O~f i~e OFFICE OF THE ASSISTANT SECRETARY FOR COMMUNITY PLANNFNO AND DEVELOPMENT Mr. James K. Spore City Manager City of Virginia Beach 2401 Courthouse Drive Virginia Beach, VA 23456 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D.C. 20410-7000 OF~:IC[ QF TC~E CITY MANAGER CiTY ~IF VIRGINIA BEACH Dear Mr. Spore: The Department is pleased to announce approval of the following EDI-Special Project grant, as directed by the Congress in the Conference Report (HR 106-379) for the VA-HUD- Independent Agencies Appropriations Act for 2000 (PL 106-74). The amount for this grant has been adjusted to 92.5% of the original grant amount in the Conference Report, pursuant to the Consolidated Appropriations Act for FY 2000 (PL 106-113) which directed rescissions for each Department of the Federal Government. Project No.: B-00-SP-VA-0399 Project Funding: $231,250.00 Recipient: City of Virginia Beach, VA This letter transmits the following documents and guidance needed to activate your EDI- Special Project grant. Grant Agreement. Enclosed are four copies. Please read the agreement carefully, noting any attachments which have modifications or special conditions on this grant. Please sign and date three copies with original signatures and return them as noted below. The fourth copy is for your records pending receipt of a countersigned copy. Assistance Award - Form 1044. Four copies are enclosed. Please sign and date three copies with original signatures and remm them as noted below. The fourth copy is for your records pending receipt of a countersigned copy. o Forms and Instructions for drawing down funds. HUD uses the Line of Credit Control System (LOCCS) for financial management of grant funds. Under this system, you identify the bank account into which you want HUD to deposit funds electronically. Then you request scheduled payments, using a voice response system. Please ensure your staff provide the information requested and return these items as noted below. a. the Direct Deposit Form (SF 1199) completed by you and your financial institution; b. the notarized LOCCS Access Authorization Form (HUD 27054); and c. a VOIDED blank check for your depository account. You will be able to draw down funds once HUD processes the forms and sends you a LOCCS User ID Number and a LOCCS Voice Response Number, and after the required certifications and environmental review, if it is needed, have been accepted by HUD. Please return: a) the three signed originals of the grant agreement, b) the Direct Deposit Form, c) the LOCCS Access Authorization Form, d) a voided check, and e) the three signed original of the Assistance Award - Form 1044 to Ms. Stella Hall, Room 7146, U.S. Department of Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 20410. If your staff have any questions about these documents and procedures, they may contact Ms. Hall at (202) 708-3773, extension 4395 or fax (202) 708-7543. We look forward to working with you toward a successful completion of this project. Enclosures - 3] - Item V-J. 3. ORDINANCES ITEM # 47238 Upon motion by Councilman Harrison, seconded by Council Lady Wilson, City Council DEFERRED TO THE CITY COUNCIL SESSION of October 24, 2000. Ordinance to establish a Super Hornet Commission re defining the membership, purpose and dissolution thereof; and, to adopt the Commission's bylaws. This DEFERRAL will enable the City Attorney to redraft the Ordinance with amendments aa' requested by City Council. Appointments to the Super Hornet Commission will be SCHEDULED for October 24, 2000. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, dr., MayorMeyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 Item V-J. 4. - 32 - ORDINANCES ITEM # 47239 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachments into a portion of the beachfront known as Ocean Boulevard to WILLIAM and LORRAINE STEMPLE AND R. KEITH HATHAWAY re constructing and maintaining an existing walkway, stairway and raised deck at 612 and 616 South Atlantic Avenue (BEACH - DISTRICT 6) The following conditions shall be required: 7. It is expressly understood and agreed that the temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval. The temporary encroachment terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the temporary encroachment must be removed from the encroachment area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. The Grantee shall indemnify and hoM harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. It is agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. The Grantee agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. The Grantee must obtain a building permit from the Office of Permits and Inspections/Planning Department prior to commencing any construction within the encroachment area. The Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. The temporary encroachment must conform to the minimum setback requirements as established by the City. October 10, 2000 - 33 - Item V-d. 4. ORDINANCES ITEM tt 47239 (Continued) The Grantee must submit for review and approval, a survey of the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built"plans of the temporary encroachment sealed by a registered professional engineer, if required by the City Engineer's Office. 10. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the temporary encroachment; and pending such removal, the City may charge the Grantee for the use of the encroachment area, the equivalent of what wouM be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100) per day for each and every day that the temporary encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE BEACHFRONT KNOWN AS OCEAN BOULEVARD TO WILLIAM STEMPLE, LORRAINE STEMPLE AND R. KEITH HATHAWAY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.2-2009 Code of Virginia, 1950, as amended, William Stemple, Lorraine Stemple and R. Keith Hathaway, their heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments into the beachfront known as Ocean Boulevard. That the temporary encroachments herein authorized are for the purpose of constructing and maintaining a walkway, stairway and raised deck and that said encroachments shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachments are more particularly described as follows: An area of encroachment into a portion of the City's beachfront known as Ocean Boulevard, on the certain plat entitled: "Plat Showing Encroachment of Steps & Elevated Deck onto Public Beach Located Adjacent to Lots 8A & 9A - Block 23 Croatan Beach MB 203 P 69 Virginia Beach, Virginia Scale: 1" = 40' 28 July 2000," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachments herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of the applicants, their heirs, 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 assigns and successors in title and that within thirty (30) days after such notice is given, said encroachments shall be removed from the City's beachfront known as Ocean Boulevard and that William Stemple, Lorraine Stemple and R. Keith Hathaway, their heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that William Stemple, Lorraine Stemple and R. Keith Hathaway, their heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, their agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that William Stemple, Lorraine Stemple and R. Keith Hathaway, execute an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, 10 October Virginia, on the day of , . PREPARED BY VIRGINIA BEACH CITY A'ZFORNEY'S OFFICE THIS AGREEMENT, made this ~'~"day of.ff~d~Sf~, 2 ooo , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and R. KEITH HATHAWAY, Unmarried, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 8A, Block 23, Croatan Beach" and being further designated and described as 616 South Atlantic Avenue, Virginia Beach, Virginia 23451; and That, WHEREAS, it is proposed by the Grm~tee to construct and maintain an elevated deck, walkway and steps, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as public beach, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2426-39-7641 Permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temtx>rary Encroachn-~nt will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown onthat certainplat entitled: "PLAT SHOWING ENCROACHMENT OF STEPS & ELEVATED DECK ONTO PUBLIC BEACH LOCATED ADJACENT TO LOTS 8A & 9A - BLOCK 23 CROATAN BEACH MB 203 P 69 VIRGINIA BEACH, VA. SCALE: 1" = 40' 28 JULY 2000," a copy of which is attached hereto as Extu'bit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days a_,ffer the notice is given, the TempormT Encroachmem must be removed fxom The Eneroaehmem Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agems and employees, l~om and against all claim.q, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising om of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachmem other than that specified herein and to the limited extent specified herein, nor 2 to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Office of Permits and Inspections/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by the City Engineer's Office. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such. removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, R. Keith Hathaway, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: City Clerk 4 By City Manager/Authorized Designee of the City Manager R. K~i{tf~ Ha~~ · STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ ,2 ,by DESIGNEE OF THE CITY MANAGER. day of~ , CITY MANAGER/AUTHORIZED My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ ,2 VIRGINIA BEACH. day of~ ., by RUTH HODGES SMITH, City Clerk for the CITY OF Notary Public My Commission Expires: STATE OF Virginia CITY/~OL+NT-Y OF Virginia Beach , to-wit: The foregoing instrument was acknowledged before me this 24th August ,2 000 __, by R. Keith Hathaway. __ day of My Commission Expires: October 31, 2000 APPROVED AS TO LEGAL SUFFICIENCY 6 APPROVED AS TO CONTENT (~I'TY KEAL EST~ATE AGENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE THIS AGREEMENT, made this.~/-dday of '~tff~<TL", 2 ooc~ ,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and WILLIAM STEMPLE and LORRAINE STEMPLE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 9A, Block 23, Croatan Beach" and being further designated and described as 612 South Atlantic Avenue, Virginia Beach, Virginia 23451; and That, WHEREAS, it is proposed by the Grantee to construct and maintain an elevated deck, walkway and steps, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as public beach, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2426-39-7636 .laerrni.*-qion to use The Encroachment Area for the purpose of constructing and maintau~: g t~ Temporary Encroachment. It is expressly understood and agreed that the Tempo. rary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City ofV' ~n'gin~a Beach, and in accordance with the City's specifications and approval and is more parfietdarly descn~ as follows, to wit: A Tempo~ Encroachment into The Encroactunent Area as shown onttmt certainplat entitled: "PLAT SHOWINGElqCROACHMENT OF STEPS & I~.I.EVATED DECK ONTO PUBLIC BEACH LOCATED ADJACENT TO LOTS 8A & 9A - BLOCK 23 CROATAN BEACH MB 203 P 69 VIRGINIA BEACH, VA. SCALE: 1" =40' 28 JULY 2000," acopy ofwhichis attached hereto as Ex/mttit "A' and to which refer~ce is made for a more particular description. It is further expressly understood and agreed thru_ the Temporary En~roachmem herein authorized termlr~t_es upon notice by the City to the Gramee, and that within thirty (30) days after the notice is given, the Temporm3r Encroachmem mum be removed ~om ~ Encroachment Area by the Otamee; and that the Gramee wFll bear all costs and expenses of such It is further expressly understood and agreed that the Grantee shall indemni~ and hold harmless the City, its agems and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the l~'~.cation or existence of the Ten~rary Encroachment. It is further expressly undexatood and agreed that nothin~o he~in conlain~ shall be consmmd to enlarge the permission and authority to permit the maintenance or construction o any encroachment other than that specified herein and to the limited extent spee~ herein, no 2 to permit the maintenance and construction of any encroachment by anyone other ttJ.. , Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Office of Permits and Inspections/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachmenl must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit fo review and approval, a survey of The Encroachment Area, certified by a registered professiona engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachmer sealed by a registered professional engineer, if required by the City Engineer's Office. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, William Stemple and Lorraine Stemple, the said Grantees have caused this Agreement to be executed by their signatures and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk 4 · Ldrr&ine Stempk~ ..... STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ ,2 ,by DESIGNEE OF THE CITY MANAGER. , day of , CITY MANAGER/AUTHOKIZED My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,2 VIRGINIA BEACH. day of , by RUTH HODGES SMITH, City Clerk for the CITY OF My Commission Expires: Notary Public 5 STATE OF ~/O~ CITY/COUNTYOF VO~., ~OC.~,%to-wit: The foregoing instrument was acknowledged before me this c.,,?~/~'~iay of /~-~.l~!t.,~ , 2 OD/') _ , by William Stemple and Lorraine Stemple. 0' My Commission Expires: K-~omry Public APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNE'~ APPROVED AS TO CONTENT (P~TY REAL ESTATE AGENT 6 LOCATION MAP SCALE : 1" -- 1,600' FOR LOCATION MAP FOR "~ EXISTING AND PROPOSED ENCROACHMENTS ~-~INTO CITY OWNED PROPERTY ~ AT 612 & 616 SOUTH ATLANTIC AVENUE\ WILLIAM STEMPLE, ETUX AND R. KEITH HATHAWAY ,...,~ SCALE: I = 100' ~ \ ~"~-" \ _5~%% FILE: 612&616SATLANTIC.DGN ~%.%~-%~' \ \ ~ ~'tt~?-g'%~-gg%% DATE: 9/12/00 ~ \ ~ \ PREPARED BY PAN ENG. DRAFT. 12-SEP-2000 ATLANTIC OCEAN  APPROX. MLW BEACH/ S 04'14'!5" E LOT IOA 50.00' ,F- EX. 3' BLK. WALL LOT gA ADDRESS: 612 S. ATLANTIC AVE. OPIN: 2426-39-76.36 50.00' _EX. STEPS EX. ELEVATED DECK iST~PS '"EX. WOOD WALK ON GRADE LOT 8A ADDRESS: 616 S. ATLANTIC AVE. (;PIN: 2426-39-7641 50.00' LOT 19 15' ALLEY LOT 7 350' TO N. R/W N 04'14'15" W SOUTH ATLANTIC AVE. .,c3 D: 00-84P PLAT SHOWING ENCROACHMENT OF STEPS & ELEVATED DECK ONTO PUBLIC BEACH LOCATED ADJACENT TO LOTS 8A & 9A - BLOCK 2,3 SCALE: 1" CROATAN BEACH MB 2O3 P 69 VIRGINIA BEACH,VA. = 40' 28 JULY 2000 (~ALLUP SURVEYORS & ENGINEERS. LTD. 315 FIRST COLONIAL ROAD V1RGINIA BEACH, VIRGINIA 23454 (757)428-8132 ooking F~ast - 34- Item V-d. 5. ORDINANCES ITEM ii 47240 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the City Manager to award the contract for advertising and public relations for the Departments of Convention and I~sitor Development and Museums and Cultural Arts to Barker, Campbell, Farley and Mansfield, beginning danuary 1, 2001. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyers E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 1 2 3 4 5 6 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY WITH BARKER CAMPBELL FARLEY & MANSFIELD TO ADMINISTER THE CITY'S ADVERTISING AND PUBLIC RELATIONS ACCOUNTS 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 WHEREAS, the City's existing contract for administration of its advertising and public relations accounts, and all renewals thereof, expires on December 31, 2000; WHEREAS, by ordinance adopted June 13, 2000, City Council established the Virginia Beach Advertising Agency Selection Committee for the purpose of selecting the agency that is the most qualified to administer such accounts beginning January 1, 2001; WHEREAS, with guidance and input from the Committee, the City issued a Request for Proposals (RFP) on July 13, 2000, for the selection of an agency to administer such accounts; WHEREAS five (5) agencies submitted proposals in response to the RFP; WHEREAS, the Committee evaluated and ranked the proposals, and chose three (3) agencies for further consideration based upon a determination that the three agencies chosen were the most qualified to perform the services outlined in the RFP in a manner most consistent with, and favorable to, the City's needs; WHEREAS, the three top-ranked agencies made creative presentations to the Committee in an effort to further demonstrate their ability to administer the accounts; and WHEREAS, based upon the written proposals and the presentations, the Committee determined that the agency of Barker Campbell Farley & Mansfield provided the best proposal and, therefore, is the most qualified agency to provide the services outlined in the RFP at a level most consistent with, and favorable to, the City's specific needs. 33 34 35 36 37 38 39 4O NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to enter into a contract, on behalf of the City, with Barker Campbell Farley & Mansfield to administer the City's advertising and public relations accounts. Adopted by the Council of the City of Virginia Beach, 10 October Virginia, on the day of , 2000. CA-7874 ORDIN\NONCODE\BARKER CAMPBELL.ORD OCTOBER 4, 2000 R5 APPROVED AS TO CONTENT: ~itor elopment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Policy Advertising and Public Relations Contract BACKGROUND The contract for advertising and public relations services for the Department of Convention and Visitor Development, and the Department of Museums & Cultural Arts which exists with the firm of Barker Campbell Farley and Mansfield expires on December 31, 2000. Since there are no remaining options for additional renewals of the existing contract it is necessary to seek a new firm through a competitive bid process using a Request For Proposal (RFP) for Advertising and Public Relations Services. On June 13, 2000 City Council adopted an ordinance creating an Advertising Agency Selection Committee, consisting of the below listed members, for the purpose of reviewing and approving the RFP prepared by staff, reviewing and evaluating proposals received in response to the RFP, and selecting and recommending to City Council an agency to provide advertising and public relations services to the City. Jimmy Capps, President, Virginia Beach Hotel Motel Association Dorcas Helfant, Member, Virginia Marine Science Museum Foundation Board Richard Maddox, Chairman, Virginia Beach Resort Leadership Council Preston Midgett, President, Virginia Beach Resort Retailers Association Mac Rawls, Director, Department of Museums & Cultural Arts Jim Ricketts, Director, Department of Convention & Visitor Development Chris Savvides, President, Virginia Beach Restaurant Association The committee met on July 6, 2000 to review the proposed RFP document to provide input on the staff recommended document. A Request for Proposal (RFP) soliciting proposals for a contractor to provide for full service advertising and public relations services for the City of Virginia Beach Department of Convention and Visitor Development and the Virginia Marine Science Museum was issued on July 13, 2000. A pre-proposal conference was conducted on July 25, 2000 for the purposes of clarifying the solicitation and answering any questions that prospective offerors had. Proposals were received until 3:00 p.m., August 14, 2000. The following firms submitted proposals: Barker Campbell Farley & Mansfield Bohan Carden & Cherry Cortani & Morrison Foskey/Phillips Advertising The Meridian Group CONSIDERATIONS Legal Considerations: This process and awarding of a contract to the successful bidder has been in compliance with the City of Virginia Beach Procurement Ordinance. Organizational Considerations: The Department of Convention and Visitor Development and the Department of Museums & Cultural Arts have staff to administer the contract provisions and to monitor, coordinate, and direct the work of the contracted agency. Budgetary Impacts and Considerations: The balance of fiscal year 2000-2001 budget appropriations for advertising, public relations, and promotional materials for both departments will be disbursed through the agency chosen by the committee beginning January 1, 2001. No federal funding is involved. EVALUATION Based on the evaluation factors stated in the RFP, an evaluation matrix was developed to assist in the evaluation and ranking of the proposals. The design of the matrix allowed a maximum number of 100 points to be assigned to any one proposal. On September 6, 2000, the committee consisting of the above members appointed by City Council, discussed, evaluated, and ranked the proposals. The methodology used to evaluate and rank the proposals was as follows: Prior to the meeting, the committee members individually read, evaluated, and scored the proposals. They then submitted their scores to the Purchasing Division. From this data, the Purchasing Division calculated a mean score for each firm. Based on the mean score, the firms were ranked. Note: Points for price were assigned by a mathematical formula. On September 6, 2000, this data was shared with the committee. The committee reviewed and discussed the proposals, scoring, and ranking. They agreed that the ranking was an accurate representation of their evaluation. The process resulted in the firms being scored and ranked as follows: Rank Firm Total Points 1't Barker Campbell Farley & Mansfield 90.63 2"d The Meridian Group 89.78 3rd Bohan Carden & Cherry 88.62 4th Cortani & Morrison 80.63 5th FoskeylPhillips Advertising 66.57 Based on their evaluation of the firms, the committee short-listed to the three top- ranked firms. The three short-listed firms were contacted and briefed on the procurement process and how negotiations were to be conducted. On September 28, 2000 the committee entered into the negotiation phase of the RFP process. This provided an opportunity for the short listed firms to present creative presentations to the committee, respond to questions, and modify their fees for services. RECOMMENDATIONS After the negotiation phase of the RFP was completed, the committee discussed the strengths and weakness of each firm's proposal. After each committee member expressed their individual evaluation of the firms, a consensus emerged that Barker Campbell Farley and Mansfield (BCF&M) submitted the best proposal. To confirm and formalize the committee's decision, a vote was taken. By a vote of six to one, the committee selected BCF&M as the firm that submitted the best proposal. Some factors identified in BCF&M's proposal that supported this determination were as follows: Their proposal demonstrated an outstanding depth of experience and capability and skills to perform the services. The firm had unsurpassed experience with the City's account (10 years) and a thorough understanding of the City's products, markets, marketing vision, and local environment. The firm had a proven track record of meeting the City's marketing goals and objectives, providing high quality services, and handling the complexities of the account. Their proposal proposed an award winning, comprehensive, high quality, creative, and focused marketing program which included further use of Thom Sharp, a national commercial personality, as the City spokesman in television commercials, an expanded and enhanced Internet site and plans for marketing of the Virginia Marine Science Museum. Their program provided for additional incremental changes and enhancements to the City's existing program. Their proposal offered competitive fees for services to be provided: fees that were similar or slightly higher than the other short-listed firms. The Meridian Group and BCF&M offered reduced commissions of 12.5% on commissionable and non- commissionable media, whereas Bohan Carden & Cherry offered reduced commissions of 12%. All short-listed firms offered the same mark-up for production services performed outside of their agencies, 17.65%. The committee recommends to City Council the acceptance of Barker Campbell Farley and Mansfield as the successful bidder and the awarding of the contract beginning January 1, 2001 for a period of three years with the option for two one-year extensions. Submitted by: {/~a2ve; nBti oR in' c&ke tVtts,i tDo irr e~etvO ~,op men, Reviewed by: City Manager Date: 0 ~O~L ~, ~-.~0 ~ 0 4 - 35 - Item Vd. 6. ORDINANCES ITEM # 47241 Upon motion by Councilman Branch, seconded by Council Lady Wilson, City Council DENIED: Authorization to implement the Oceanfront Traffic Management Plan Pilot Program by Summer of 2001. Voting: 9-2 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan and Vtce Mayor William D. Sessoms, Jr. Council Members Absent: None This item was MOVED FORWARD after the Public Hearing on the Oceanfront Traffic Management Plan. October 10, 2000 Item V-J. 7. a/b - 36- ORDINANCES ITEM # 47242 Upon motion by Vice Mayor Sessoms, secoded by Councilman Branch, City Council APPROVED: REFUNDS: License - $18,868.33 Utility - $ 1,952.33 Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 FORM NO. C.A 8 REV 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY Of VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID BAYSHORE ENTERPRISES INC CAPSTONE CORPORATION MACIAS INC RAYDEN ENTERPRISES INC SCHAFER & RUSSO PC SHAMROCK VENTURES INC 09/07/00 AUDIT 120.00 2.33 122.33 2000 09/12~00 28.96 0.00 28.96 2000 09/21/00 50.00 0.00 50.00 09/12/00 AUDIT 100.00 19.58 119.58 1998 09/21/00 1,174.70 0.00 1,174.70 2000 09/21/00 175.00 0.00 175.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the 1,670.57 10 Approved as to form: City Attorney's Office were approved by the Council of the day of October ,20 00 Ruth Hedges Smith City Clerk FORM NO CA 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE BASE INTEREST TOTAL NAME YEAR PAl D A S A LTD BAY RESTAURANT INC COOL TAN INC E VERNER JOHNSON & ASSOCIATES INC HAMPTON ROADS SHARKS INC LYNNHAVEN MASONRY CORP MERCURY FINANCE COMPANY OF VA PICCADILLY CAFETERIAS INC PREMIER MILLWORK & LUMBER CO PTS CORP QUINTANA EUNICE REALTY CONSULTANTS OF VA LTD ROCK RAY DRILLING INC SAVANT LTD SHAH VIJAYKUMAR S TAYLOR DEBORAH L VBS RAW BAR INC WALKER WILLIAM R 08/24/00 AU D IT 1,483.20 92.18 1,575.38 2000 08/30/00 161.20 0.00 161.20 08/24/00 AUDIT 10.00 0.00 10.00 08/29/00 AUDIT 80.00 7.66 87.66 08/30/00 AUDIT 30.00 1.25 31.25 08/28/00 AUDIT 28.50 0.00 28.50 08/31/00 AUDIT 10,189.78 1,221.63 11,411.41 08/30/00 AUDIT 967.15 0.85 968.00 2000 08/30/00 324.84 0.00 324.84 08/25/00 AUDIT 526.79 66.91 593.70 08/24/00 AUDIT 915.99 0.00 915.99 08/31/00 AUDIT 0.00 52.46 52.46 2000 08/30/00 96.79 0.00 96.79 08/30/00 AUDIT 10.01 0.00 10.01 08/29/00 AUDIT 372.57 36.36 409.03 2000 08/30/00 10.00 0.00 10.00 08/30/00 AUDIT 400.21 99.00 499.21 08/25/00 AU DIT 10.00 2.33 12.33 Certified a~ to p.~/~J (~o m'm i~ o n ~ I~o~tlTr~ Revenue This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the 17,197.76 were approved by the Council of the 10 October O0 day of ,20 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING UTILITY TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for utility tax refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME UTILITY TAX DATE BASE INTEREST TOTAL YEAR PAID NAVY PWC CREDIT UNION NAVY PWC CREDIT UNION 1999-2000 FEB99-JULY00 181.86 0,00 181.86 1998-2000 AUG98-JULY00 1,770.47 0.00 1,770.47 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $1,952.33 10 Certified as t~ 13ayrn~ Philip' U. Kel)~ - Commissioner of the Revenue City Attorney were approved by the Council of the October O0 day of ,20 Ruth Hedges Smith City Clerk -37- Item V-K. 1. RESOLUTION ITEM it 4724.3 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re a non-binding Letter of Intent which proposes modifications to enhance the Town Center project through execution by the Virginia Beach Development Authority; and, authorizing the development of project documents. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: William ~ Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as his law firm provides legal services to Armada Ho filer. This item was MOVED FORWARD prior to the PUBLIC HEARINGS. October 10, 2000 1 2 3 4 5 6 7 8 9 RESOLUTION APPROVING A NON-BINDING LETTER OF INTENT WHICH PROPOSES MODIFICATIONS TO ENHANCE THE TOWN CENTER PROJECT, RECOMMENDING THE APPROVAL AND EXECUTION BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AND AUTHORIZING THE DEVELOPMENT OF PROJECT DOCUMENTS IN CONFORMITY THEREWITH 10 11 12 13 14 15 16 17 18 19 20 2:1. 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have engaged in extensive negotiations with representatives of Armada/Hoffier Development Company, L.L.C., and its affiliates, regarding the development of a Central Business District Project known as "The Town Center of Virginia Beach" (the "Project"); WHEREAS, the Project is an investment partnership between the Authority and Town Center Associates, L.L.C. (the "Developer"), for a mixed use commercial development utilizing the structure of an economic development park in the Central Business District with the first phase of the Project to serve as the catalyst for the development of such a park by the Authority; WHEREAS, by Ordinance No. 2570Q adopted February 8, 2000 (the "Ordinance"), the City Council approved development documents for the Project (the "Project Documents"), requested the Authority to approve and execute the Project Documents and authorized the City Manager to execute a Support Agreement between the City and the Authority; WHEREAS, by Resolution adopted February 15, 2000, the Authority approved the Project Documents and thereafter executed same; WHEREAS, subsequent to the execution of the Project Documents, the parties have identified certain necessary and desirable modifications to the Project which will enhance the Project; WHEREAS, the proposed modifications are set forth and described in the attached non-binding "Letter of Intent for an Enhanced Option for the Town Center of Virginia Beach" (the "Letter of Intent"); WHEREAS, the City Council is of the opinion that the modifications to the Project which are set forth in the Letter of Intent will be beneficial to the Project, and the Council desires that the Authority approve and authorize the execution of the Letter of Intent. 34 35 36 37 38 39 6O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; 1. The City Council approves the non-binding "Letter of Intent for an Enhanced Option for the Town Center of Virginia Beach", dated October 5, 2000, attached hereto (the "Letter of Intent"), which outlines the proposed enhancements to the Town Center Project. 2. The City Council recommends that the City of Virginia Beach Development Authority (the "Authority") adopt a Resolution approving the Letter of Intent, authorizing its execution and authorizing the City Manager and the City Attorney, on behalf of the Authority, to proceed with the preparation of new or revised Project documents which are necessary and appropriate to describe and effectuate the enhancements to the Project described in the Letter of Intent. 3. The City Manager and the City Attorney are authorized and directed to prepare a new or revised Support Agreement between the City and the Authority supporting the Authority's obligations outlined in the Letter of Intent as same are incorporated into new or revised Project documents. 4. The City Manager is further directed to return the final new or revised Project documents for approval by the City Council and the Authority and for authorization to execute the new or revised Support Agreement so that the Authority can then proceed with the Project, as modified. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 day of October ., 2000. 55 56 57 58 59 6O 61 62 63 64 65 CA-7832.res October 5, 2000 F:\Data\ATY\Ordin\NONCODE\towncenter.res.wpd APPROVED AS TO CONTENT: Department APPROVED AS TO LEGAL SUFFICIENCY: y Attorney 2 0ct-05-00 04:54pm From- +lTSr$230370 T-370 P.005/006 F-3~5 TOWN CENTER ASSOCIATES, LLC 1435 Crossways Boulevard, Suite 300 Chesapeake, Virginia 23320 October 5, 2000 BY HAND DELIVERY Mr. Jim Spore City Manager City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456-9001 L~etter of Intent for an Enhanced Option for the Town Center of Virginia Beach Dear Mr, Spore: Town Center Associates, LLC (the "Developer") wishes to propose enhancements to the Town Center of Vkginla Beach project (the "Project"). The most significant enhancement would be the addition of a hotel to Phase I of the Project. The conceptual elements of the enhancement (the "Enhancement Option ") are as follows: * The hotel would be more specifically described as a Renaissance Hotel (or a hotel of similar quality) containing approximately 209 rooms. , The Phase I paxking garage would be increased in size by approximately 230 spaces. The Phase I parking garage also would be enhanced significantly to include a four- sided decorative facade, additional ramps and elevators, as well as appropriate sprinkler and ventilation systems. * The guaranteed maximum price for the Phase I parking garage will be increased from $15,085,000 to $22,500,000. * A revised Master Plan would be submitted to the City and the Authority for their approval. Design of the new Master Plan is ongoing, but we expect certain components of the infrastructure and streetscapes to be constructed by the City and Authority to be relocated. In particular, the location of the streetseapes and the improvements will be added to include the north side of One Columbus Center. . The financial obligation of the City and the Authority as to the enhanced parking garage would be contingent with the guaranteed maximum price being reasonable and supported by the expected TIF revenues, as is provided in the existing Development Agreement. Oct-05-O0 04:65pm From- +17575230370 T-370 P.006/005 F-325 Mr. :rim Spore October 5~ 2000 Page 2 To the extent that the parties are not able to negotiate appropriate amendmems to the Development Agreement and the other Project Documents reflecting the Enhancement Option, the existing agreements regarding the Project would remain in place. We also enclose an additional letter that provides further details regarding the evolution of the Project, but recognize that many of the details of the Enhancement Option are not currently available. Nonetheless, the Developer needs an expression of interest ~om the City and the Authority as to the Enhancement Option in order to proceed with other aspects of this Enhancement Option, including securing financing, leasing, and franchise commitments. Accordingly, if the City and the Authority are interested in pursuing the Enhancement Option, we request that the City and the Authority adopt appropriate resolutions indicating the Ci'cy and tim Authority's non-binding expression of interest in amending the existing Development Agreement in general conformity with the conceptual elements expressl)~ set forth in this letter. If such resolutions are adopted, we also request that the City and the Authority authorize their respective representatives to negotiate appropriate amendments to the Development Agreemem and the other Project documents based on the concepts described in this letter. We understand that there is (and will be) no binding agreement as to the Enhancement Option until definitive amendment documents are negotiated, approved by City Council and the Authority, and signed by the parties. Thank you for your time and attention to this matter. Sincerely, TOWN CENTER ASSOCIATES, LLC Doc #: 118901; V, 1 Oct-O$-O0 04:54pm From- +1~STSZ30370 T-~70 P.002/006 F-325 Louis S. Haddad President and CEO ARMADA/HOFFLER HOLDING COMPANY October 5, 2000 Mr. James K. Spore City Manager City of Vkginia Beach Municipal Center Virginia Beach, VA 23456 RE: Virginia Beach Town Center Project Dear Jim: As you know from our many conversations, the response to the Town Center Project has been exceptional from both office and retail tenants. Currently, we have over 60% of the office building committed. These leases are nearly final pending only miscellaneous exhibits. This core group of occupants represents a good cross section of what is needed to make up a financial district. Due to the exceptional demand, we have added additional office space above some of the original retail locations. The retail leasing is also proceeding extraordinarily well. Phase I has commitments form a major retailer to occupy 30,000 sq.tt, and an up scale restaurant which will take 8,000 sq.ft. The remaining retail and restaurant space of Phase I has several exciting prospects. We are currently evaluating which tenants would be best suited to complete Phase I and which will form the core of the subsequent retail block. In summary the progress has been outstanding. As you are aware, we have been working for some time on the concept of adding a hotel to the Phase I project. To that end, we engaged the Stormont Trice Development Corporation, with whom you are familiar, to assist us in this effort. We now believe that 04:54pm From- +17575230370 T-3?O P.009/006 F-325 moving the hotel ahead of schedule by three years, fi.om Phase TT, to Phase I is not only feasible but probable. Town Center Associates and Stormont Trice have been in negotiations with Renaissance Hotels, Resorts & Suites, to build a 209 Unit 1~ Class Hotel as an integral part of Phase I at the Town Center. The project will be submitted for approval later thJ s month. The Hotel lobby would be located on the ground floor facing Virginia Beach Boulevard. The remainder of the hotel, including meeting rooms and the Spa/Fitness Center, would be located on additional floors above the parking garage. Because of the new mix of perspective owners and tenants in Phase I, we have had to obviously modify what was originally conceptualized. As a result of the design of the Renaissance Hotel and the desires of other retail tenants, we need to move the location of the parking garage slightly to the north (toward Virginia Beach Boulevard) and need to increase its size and include more amenities in it than originally was contemplated. The parking garage should be expanded by 230 parking spaces. In addition, because the garage will now form a part of the faerie of the project, it will necessitate the addition of exterior finishes to compliment the elevations of the hotel and office building. Portions of the structure will be enclosed in glass and, therefore, ventilation will be required, more elevators are contemplated and a complete sprinkler system will be included, All of this makes Phase I of the project that much more attractive and exciting. However, as you can tell from the above, the cost also will increase. Fortunately, because of the approximate 50% increase in private investment for the new improvements going into Phase I, the tax increment financing is still projected to pay for the increased cost. The anticipated cost of the parking garage in Phase I is now $22,500,000 which, as I stated above, would be covered by the tax increment financing. Town Center Associates, L.L.C. believes that this is an excellent opportunity to enhance Phase I of the project and requests that you present to the City Council the appropriate resolution pursuant to which the City would agree to give its backing and support to the Oct-OS-O0 04:$4pm From- +175;'5230370 T-370 P.OO4/OOG F-325 Development Authority if the Development Authority agrees to the above changes. We would anticipate entering into an option to enhance Phase I and/or a memorandum of understanding similar to that which was entered into with the City for the entire project, which would form the basis /'or making the appropriate amendments to the existing documents. As we have discussed with you, Town Center Associates, L.L.C. feels that this is a wonderful opportunity for the project and we hope the City and the Development Authority a~ee. I/. you need any other information, please do not hesitate to call. Sincerely, Louis S, Haddad Item V-L. - 38 - PLANNING ITEM # 47244 1. ARMADA/HOFFLER HOLDING COMPANY MODIFICATION OF PROFFERS (APPROVED COZ 6/14/94) STREET CLOSURE 2. WA WA, INC. MODIFICATION TO THE GREEN R UN LAND USE PLAN 3. IRA L AND HELEN M. FISK STREET CLOSURE 4. VISTA CIRCLE ASSOCIATES, LLC AND MARTHA M. HARNESS STREET CLOSURE 5. VILLA GE BAPTIST CHURCH CONDITIONAL USE PERMIT 6. ACTS 2 CHURCH CONDITIONAL USE PERMIT 7. CHECKERED FLAG MOTOR CAR CO. CONDITIONAL USE PERMIT 8. COLUMBUS ONE, LL C. CONDITIONAL CHANGE OF ZONING 9. JAMES H. SALMONS, JR. CHANGE OF ZONING 10. CITY OF VIRGINIA BEACH AMEND AMEND 3~ 203 of the (CZO) re deleting the requirement parking surfaces have all weather surface. October I O, 2000 Item V-L. PLANNING - 39 - ITEM # 47245 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items 1 (DEFERRED), 2 (AS REVISED), 3 (AS REVISED), 5, 6 (AS REVISED), 7, 8 and 10. Item 1 was DEFERRED until the City Council Session of October 24, 2000, BY CONSENT. Item 2 was APPROVED, WITH REVISED CONDITION, BY CONSENT Item 3 was APPROVED, WITH REVISED ORDINANCE, BY CONSENT. Item 6 was APPROVED, WITH REVISED CONDITION, BY CONSENT. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Councilman Harrison ABSTAINED on Item J. 1. (ARMADA HOFFLER) and L. 9 (COLUMBUS ONE, L.L.C.) as his law firm represents the Armada Ho filer. October lO, 2000 Item V-L l a./b. - 40 - PLANNING ITEM # 47246 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL OCTOBER 24, 2000, Applications of ARMADA/HOFFLER HOLDING COMPANY for a Modification of Proffers placed on the June 14, 1994, approved Change of Zoning District Classifications from A-12 Apartment District and B-2 Community Business District to Conditional B-2 Community Business District Classification for Bel-Aire, Inc. & King's Way Corp and Discontinuance, closure and abandonment of Dam Neck Station Road Ordinance upon application of Armada/Hoffler Holding Company for a modification of proffers placed on the application for a change of zoning from A-12 and B-2 to Conditional B-2 on June 14, 1994 (GPIN #2415- 56-9501, #2415-56-7275, #2415-56-6099, #2415-55-6902, #2415-55- 5734, #2415-55-4556, #2415-55-6525, #2415-55-7523, #2415-66-2541). Property is located at the northeast corner of Dam Neck Road and General Booth Boulevard. PRINCESS ANNE - DISTRICT 7 Ordinance upon application of Armada/Hoffler Holding Company for the discontinuance, closure and abandonment of Dam Neck Station Road beginning on the eastern boundary of General Booth Boulevard and running in an easterly direction to the eastern terminus. Said parcel is variable in width and contains 1.336 acres. PRINCESS ANNE - DISTRICT 7 Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., MayorMeyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr., and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED on Item J. 1. (ARMADA HOFFLER) as his law firm represents the applicant. October 10, 2000 Item V-L. 2. - 41 - PLANNING ITEM # 47247 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of WAWA, INC. for a Modification to the Green Run Land Use Plan: ORDINANCE UPON APPLICATION OF WAWA, INC. FOR AMENDMENT TO THE GREEN R UN LAND USE PLAN TO ALL O WAN A UTOMOBILESERVICESTATION(FUEL SALES) IN CONJUNCTION WITH A CONVENIENCE STORE ZO 10001183 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wawa, Inc. for an Amendment to the Green Run Land Use Plan to allow an automobile service station OCuel sales) in conjunction with a convenience store at the northeast corner of Lynnhaven Parkway and Windmill Point Crescent (GPIN #1485-58- 0184). Said parcel contains 2.30 acres. ROSE HALL - DISTRICT 3. The following conditions shall be required: The project shall be developed in accordance with the site plan entitled, "Wawa Store, Lynnhaven Pkwy. dr Windmill point Cres, " dated dune 15, 2000, and prepared by W. P. Large, Inc. o The developer must provide a right turn lane for the Lynnhaven Parkway entrance that is acceptable to Traffic Engineering. Unless Traffic Engineering approves an alternative plan, the right turn lane onto Windmill Point Crescent must be lengthened so that the proposed site entrance on Lynnhaven Parkway is located within the right turn lane. The turn lane must extend a minimum of SO feet beyond the entrance and have a I SO-foot transition. Additional right-of-way must be dedicated from both proposed subdivided parcels for this turn lane. The design, materials, and colors of the building and canopy shall be constructed in accordance with the renderings' and elevations entitled, "Wawa Food Market, Lynnhaven Parkway and Windmill Crescent, "prepared by Lynch MartinezArchitects which are on file with the Planning Department. 4. The monument style sign must be constructed in accordance with the sign elevation depicted on the site plan identified above. All landscaping and fencing shall be installed as indicated on the site plan identified above. 'In addition, interior parla'ng lot landscaping shall be added to that shown on the site plan referenced above. In addition, interior parking lot landscaping shall be added to that shown on the site plan referenced above in exchange for the lack offoundation landscaping. It is recognized that some parking will be lost as a result of this addition. Also, Category IV landscaping shall be installed on the northern border of the residual site at the time of development of the gas station. The project shall be developed in accordance with the Court Order entered July 6, 1992, and on file with the Planning Department, except where landscaping shown on the plan exceeds the requirements of the court order. October 10, 2000 - 42 - Item V-L. 2. PLANNING ITEM # 47247 (Continued) A subdivision plat creating the subject parcels and required cross access easements shall be recorded prior to the release of the approved site plans for this project. The required plat shall also indicate the location of the 15-foot wide Category IV Buffer on the residual 2. 55 acre parcel (Remainder portion of parcel CM) and the required right-of-way dedication for the turn lane. The applicant shall submit a copy of the revised Green Run Land Use Plan which indicates the change in the land use plan from commercial use to "Service Station". A copy of the current land use plan is on file with the Development Services Center. 9. The application is approved for six gas pumps only. 10. Signs for the site shall be limited to traffic control signs, the monument sign noted above in Condition Four and the signs as shown on the building elevation identified above in Condition Three. No signs shall be installed on any other wall area of the Si~ ....... x ~ ins;ailed ii-, building or on the roof of the building. ' ........... L _ This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of l4rginia Beach, Virginia, on the Tenth of October, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 - 43 - Item V-L. 3. PLANNING ITEM # 47248 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, with REVISED ORDINANCE, an Ordinance upon application of lRA L. and HELEN M. FISK, Trustees, for the discontinuance, closure and abandonment of Waring Street: Application of Ira L. & Helen M. Fisk, Trustees for the discontinuance, closure and abandonment of Waring Street beginning on the west side of Avalon Avenue and running in a westerly direction a distance of 589 feet more or less. Said street is variable in width and contains 34, 333 square feet. CENTERVILLE- DISTRICT 1. The following conditions must be met on or before October 9, 2001: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "approved by City Council. Copies of said polic¥ are available in the Planniny~ Department. The applicant is required to resubdivide the property and vacate rff-t internal lot lines for Lots 18-23 and Lots 25-30 to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The resubdivision plat shall provide a public right-of-wa~; connection to the property immediately ad/acent to the western boundary; of the resubdivided property, or alternatively, the resubdivision plat shall be approved and signed by the owner(s) of the property immediately ad/acent to the western boundary of the resubdivided property /bt the sole purpose of evidencing consent to the closure of that portion of Waring Street closed by this Ordinance The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. A 30-footpublic utility easement must be dedicated to the City over the existing 6-inch water line in the Waring Street right-of- way. This easement must be shown on the resubdivision plat. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within 365 days of the City Council's vote to close the roadway, this approval will be considered null and void. October 10, 2000 - 44- Item V-L. 3. PLANNING ITEM # 47248 (Continued) Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr., and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN UNIMPROVED STREET KNOWN AS WARING STREET AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "STREET CLOSURE OF WARING STREET (M.B. 36, P. 1) AVALON TERRACE, SUBDIVISION OF TRACT NO. 2 AND SOUTH PORTION-TRACT NO. 3 VIRGINIA BEACH, VIRGINIA FOR HELEN M. FISK, TRUSTEE, COPY OF WHICH IS ATTACHED HERETO AS EXttlBIT A. WHEREAS, on September 12, 2000, Helen M. Fisk and Ira L. Fisk, Co- Trustees, applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, subject to certain conditions having been met on or before closed, and vacated, September 11, 2001; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before September 11, 2001: All that certain piece or parcel of land situate, lying and being in the Centerville District of Virginia Beach, Virginia as shown and designated "WARING STREET (UNIMPROVED) TO BE CLOSED, AREA = 34,333 SQ. FT. 0.788 ACRE" on that plat entitled: "STREET CLOSURE OF WARING STREET (M.B. 36, P. 1) AVALON TERRACE, SUBDIVISION OF TRACT NO. 2 AND SOUTH PORTION-TRACT NO. E VIRGINIA BEACH, VIRGINIA FOR HELEN M. FISK, TRUSTEE," dated June 1, 2000, prepared by Bench Mark, Inc. SECTION II The following conditions must be met on or before September 11, 2001: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. GPIN: 2. The applicant is required to resubdivide the property and vacate internal lot lines for Lots 18-23 and Lots 25-30 to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The resubdivision plat shall provide a public right-of-way connection to the property immediately adjacent to the western boundary of the resubdivided property, or alternatively, the resubdivision plat shall be approved and signed by the owner(s) of the property immediately adjacent to the western boundary of the resubdivided property for the sole purpose of evidencing consent to the closure of that portion of Waring Street closed by this Ordinance. 3. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. A 30 foot public utility easement must be dedicated to the City over the existing 6 inch water line in the Waring Street right of way. This easement must be shown on the resubdivision plat. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within 365 days of the City Council's vote to close the roadway, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before October 9, 2001, the street closure application will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before October 9, 2001, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV A certified copy of' this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." day of Adopted by the Council of the City of.Virginia Beach, Virginia, on this __ October ,2000. 10 CA-7783 08/22/00 10/06/00 F:\DataYkTY\Forms\Deeds\STCLOSL~WORKlNG\CA7783.ORD APPROVED AS TO CONTENT: Planning Department APPROVED AS TO LEGAL S~L'~CY: ~ City Attorney · ~ 12.IRA L. & HELEN M. FISK, TRUSTEES August 9, 2000 GENERAL INFORMATION Site Location: Waring Street beginning on the west side of Avalon Avenue and running in a westerly direction a distance of 589 feet more or less / DISTRICT 1 - CENTERVILLE. Request: Street Closure. Staff Planner: Barbara Duke Purpose: The applicant owns all adjacent properties to the portion of right-of- way proposed for closure. The applicant is requesting to close the paper street and vacate lot lines of Lots 18-23 and 25-30. This one large parcel would then be consolidated with two other parcels owned by the applicant adjacent to the southern boundary of Lots 25-30, resulting in a new subdivision configuration consistent with the existing R-10 Residential District zoning. Site Size: Said street is variable in width and contains 34,333 square feet. LAND USE, ZONING AND SITE CHARACTERISTICS Existing Land Use & Zoning: This is an undeveloped paper street platted in 1952 along with eleven lots which abut the paper street. There is no development on the adjoining property on either side, consisting of Lots 18-23 & Lots 25-30, all of which are zoned R-10 Residential District. Surrounding Land Use and Zoning: North: South: East: West: · single family homes / R-10 Residential District · single family homes / R-10 and R-5D Residential District · single family homes and fire station / R-10 and R-5D Residential District · single family homes / R-10 Residential District PC Agenda, August 9, 2000 - Page 12- 1 Zoning History: This is a stable residential area and there have been no requests for rezonings or conditional use permits in this area in over 20 years. COMPREHENSIVE PLAN The Comprehensive Plan recommends this area for suburban residential/Iow density use at or below 3.5 dwelling units per acre. PUBLIC SERVICES AND FACILITIES Water/Sewer: There is an existing 6 inch water line in Waring Street. A 30 foot wide utility easement through Waring Street to accommodate the existing 6 inch water line. Initial review indicates that there are no public sewer facilities within the portion of the right of way proposed for closure. Public Works: Initial review indicates that there are no public works drainage facilites within the portion of the right of way proposed for closure. VIEWERS The Viewers have determined that the proposed closure will not result in a public inconvenience. EVALUATION The requested closure of this undeveloped right-of-way is acceptable. If the proposed street closure is approved, the following conditions should be attached: CONDITIONS The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. The applicant is required to resubdivide the property and vacate all internal lot lines for Lots 18-23 and Lots 25-30 to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior PC Agenda, August 9, 2000 - Page 12 - 2 to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. A 30 foot public utility easement must be dedicated to the City over the existing 6 inch water line in the Waring Street right of way. This easement must be shown on the resubdivision plat. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final 'plat is not approved within 365 days of the City Council's vote to close the roadway, this approval will be considered null and void. Note: Further conditions may be required during the administration of applicable City Ordinances. PC Agenda, August 9, 2000 Page 12 - 3 ~,opM~oa~ t~ scaC~ Ira & Helen Fi'sk~ Trustees ~ "-- ~ ~ [ i ~, s~ STREET CLOSURE - WARING ST. ZONING HISTORY Conditional Use Permit (Church) - Granted 7/13/65 Street Closure (Providence Road) - Granted 10/20/75 R-8 to O-1 (Now 0-2) - Granted 12/10/79 PC Agenda, August 9, 2000 Page 12 - 4 ~~~---~-~-~[ ,, ', IRA L. & HELEN M. FISK, TRUSTEES Closu~ of Waring Street District 1 - Cente~ville I NOTE; LOT5 25-30 AND LOT5 18-25 ARE OWNED BY THE APPLICANT. ~~ NOW OR FORMERLY CHURCH OF THE BRETHREN M.B. 71. P, 15 C'95.99' T'59,44' 0-77.55' ~ ~ ~ 26 NOW OR FORMERLY HELEN M. FtSK L 28 30 29 ~ '88~08'00 ~o~~ '~' AVALON AVE (50) EXHtBtr STREET CLOSURE OF EARING STREET (M.B. 36. P. A VAL ON TERRACE. SUBDIVISION OF TRACT NO. 2 AND SOUTH PORTION-TRACT NO. 3 VIRGINIA BEACH. VIRGINIA FOR HEkE~ ~. FtSK. tRUStEE I I ENCH MARK sc c : t'-tOO' ~c~ ~ o~ '~v~o~ ' ~ "~' ~ PLAT RECORDED IN:~ 1202 SPARRO~ ROAD, CHESAPE~E. VA 23325 .......... {757) 424-3~G I COPYRIGHT 1985 BENCH MARK. INC.. BEgINNINg POINT OF DEVELOPMENT NOTE: LOT5 25-30 AND LOT5 18-23 ARE OENED BY THE APPLICANT. NO W OR FORMERLY CHURCH OF THE BRETHREN M.B. 71, P. 15 25 R-212.14' ,~.21o03,53' ,6-77.99' T-39.44' C-77.55' A,21'06'o0' 23 A-96.54' -- T-48.82' 22 NOW OR FORMERLY HELEN M. FISK 26 21 2O EXHIBIT 'A' 5O 28 19 lO0.11' T 24°57'00' 29 18 ~.. 17 R-lO' R-lO' ~'88°08'00' ,~-91'$2'00" m A-15.$8' A-IG.O$' T-9.68' T-10.$3' ~-I$. gl' C-14.37' S 24°57'00' W -- 389.89'" 299.~4' ,- AVALON AVE 150) STREET CLOSURE OF WARING STREET IM.B. 36. AVALON TERRACE. SUBDIVISION OF TRACT NO. 2 AND SOUTH PORTION-TRACT NO. P. I) Ira L. and Helen M. Fisk PC Agenda, August 9, 2000 - Page12-5 Item #12 Ira L. and Helen M. Fisk, Trustees Waring Street beginning on the west side of Avalon Avenue and running in a westerly direction a distance of 589 feet more or less. Street Closure District 1 Centerville August 9, 2000 CONSENT AGENDA Robert Miller: Item #12, Ira and Helen Fisk. Eddie Bourdon: Again, Eddie Bourdon, Virginia Beach Attorney representing the applicant. Robert Miller: Five conditions. Eddie Bourdon: All the conditions are acceptable and I also have a plan illustrative of the resubdivision of the property into single family lots in accordance with the zoning but it's not a condition, it doesn't need to be. That's what is going to happen. Robert Miller: Is there any opposition to Item #127 Thank you. Eddie Bourdon: Thank you. Betsy Atkinson: I have to abstain from Item #12 because my husband is a Realtor on that property. AYE 08 NAY 0 ABS 1 NOT VOTING 2 ATKINSON WOOD AYE BRADLEY AYE MILLER AYE DIN AYE VAKOS BAUM AYE SALLE AYE HORSLEY AYE AVERY-HARGROVE RIPLEY AYE ABS Charles Salle: A motion by Don Horsley to approve the consent agenda, seconded by Dot Wood. By a vote of 9 to 0 you have approved the consent agenda with Mr. Miller abstaining on ltems 2 8:3 and Ms. Atkinson abstaining on Item # 12. APPLICATION STREET CLOSURE CITY OF VIRGINIA BEACH PAGE 4 OF 4 Applicant's Name: DISCLOSURE STATEMENT Ira L. Fisk and Helen M. Fisk, Trustees List All Current Property Owners: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessao,, If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list ifnecessa~.) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) ~ Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated o~'ganization. CERTIFICATION: I certify that the information contained herein is true attd accurate. A~'_~,~..,_~. 'n-,n, ~'12,~t ,'an l,t r- ' ~Signature Ira L. Fisk Helen M. Fisk Print Name Ret,. 9/15/g - 45- Item V-L. 4. PLANNING ITEM # 47249 Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of VISTA CIRCLE ASSOCIATES, LLC and MARTHA M. HARNESS, Trustee, for the discontinuance, closure and abandonment of an unimproved portion of Lynnhaven Drive: Ordinance upon application of Vista Circle Associates, LLC and Martha M. Harness, Trustee, for the discontinuance, closure and abandonment o fan unimprovedportion of Lynnhaven Drive adjacent to the northern portions of Lots 1 & 2, Block 23 and Lots 3, 4 & 5 Block 23, Plat of Lynnhaven Shores. Said parcel is variable in width and contains 6, 350 square five. LYNNHA VEN - DISTRICT 5. The following conditions shall be required: 1. The mature trees located within the closed portion of the right- of-way adjacent to Lots I and 2 xhouM must be preserved On Lot 3, any revision to the approved condominium site plan for additional parking surface must be accompanied by a landscape plan revision showing relocation on-site for any displaced landscaping. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's' Interest in Streets Pursuant to Street Closures, "approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within 365 days of the City Council's vote to close the roadway, this approval will be considered null and void. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William 14(. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr., and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS LYNNHAVEN DRIVE AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "EXHIBIT A PLAT SHOWING PORTION OF LYNNHAVEN DRIVE TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL, VIRGINIA BEACH, VIRGINIA." WHEREAS, on October 10, 2000, Vista Circle Associates, L.L.C., a Virginia limited liability company, and Martha M. Harness, Trustee, applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is thej udgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before October 10, 2001; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before October 10, 2001: All that certain lot, piece or parcel of land, situate, lying and being in the Lynnhaven District of the City of Virginia Beach, Virginia, more particularly described as "DENOTES PARCEL 1 TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL, 3,755 S.F., 0.0862 AC." and "DENOTES PARCEL 2 TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL, 2,595 S.F., 0.0596 AC." as shown on the plat entitled: "EXHIBIT 'A' PLAT SHOWING PORTION OF LYNNHAVEN DRIVE TO BE CLOSED BY THE CITY OF VIRGINIA BEACH CITY COUNCIL, VIRGINIA BEACH, VIRGINIA," dated June 15, 2000, Scale 1 "=40' and prepared by W.P. Large, Inc. SECTION II The following conditions must be met on or before October 10, 2001: 1. The mature trees located within the closed portion of the right of way adjacent to Lots 1 and 2 should be preserved and may not be removed without written approval from the Planning Director. 2. On Lot 3, any revision to the approved condominium site plan for additional parking surface must be accompanied by a landscape plan revision showing relocation on-site for GPIN # 1489-88-8440, 1489-98-0257, and 1489-88-9411 any displaced landscaping. 3. The City Attorney' s Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 4. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 5. The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within 365 days of the City Council's vote to close the roadway, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before October 10, 2001, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before October 10, 2001, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV 3. A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and VISTA CIRCLE ASSOCIATES, L.L.C., A VIRGINIA LIMITED LIABILITY COMPANY, and MARTHA M. HARNESS, Trustee as "Grantee.". Adopted by the Council of the City of Virginia Beach, Virginia, on this 10 day of October ,2000. APPROVED ASTO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Planning Department Law Department 11. VISTA CIRCLE ASSOCIATES, LLC AND MARTHA M. HARNESS, TRUSTEE September 13, 2000 GENERAL INFORMATION Site Location: An unimproved portion of Lynnhaven Drive adjacent to the northern portions of Lots 1 & 2, Block 23 and Lot 3, 4 & 5, Block 23, Plat of Lynnhaven Shores / DISTRICT 5 - LYNNHAVEN. Request: Street Closure. Staff Planner: Barbara Duke Purpose: The intent on Lot 3 is to incorporate the area closed into the condominium development that is currently under construction for use as parking and access. Lots 1 and 2 wish to incorporate the area closed into the lots as they are currently developed, with one single-family residence. No proposed improvements are shown in the closed area for Lots 1 and 2. Site Size: Variable in width and contains 6,350 square feet. LAND USE, ZONING AND SITE CHARACTERISTICS Existing Land Use & Zoning: There are three lots adjacent to the proposed street closure. The easternmost lot, owned by Vista Circle Associates, LLC, contains a condominium development currently under construction. The two other lots, owned by Martha M. Harness, Trustee, contain one single-family home. The right-of-way along this portion of Lynnhaven Drive is approximately 100 feet in width in front of Lots 1 and 2, narrows to approximately 73 feet in width in front of Lot 3, then further narrows to approximately 50 feet in width east of Lot 3. The actual paved portion of Lynnhaven Drive is 30 feet in width. Lynnhaven Drive serves the residential neighborhood of Lynnhaven Colony. PC Agenda, September 13, 2000 - Page 11 - 1 There are several mature trees, live oak and pine, located within the portion of the right-of-way proposed for closure. Surrounding Land Use and Zoning: North: South: East: West: · multi-family condominiums / B-4 Resort Commercial District with Shore Drive Overlay · marinas, restaurants / B-4 Resort Commercial District with Shore Drive Overlay · City Marina, single-family homes / P-1 Preservation District with Shore Drive Overlay · single-family homes, marina, restaurants / B-4 Resort Commercial District with Shore Drive Overlay Zoning History: A similar street closure request on the north side of Lynnhaven Drive, directly across from Lot 3, was approved by City Council on December 9, 1997. The purpose of this previous street closure was to provide parking and access to the condominium development on the north side of Lynnhaven Drive. Several conditional use permits for resort oriented commercial activities have also been granted in this area. COMPREHENSIVE PLAN The Comprehensive Plan Map designates this area as a Resort Area that supports resort type uses including lodging, retail, entertainment, recreational, cultural and other related uses. It is the policy of the Plan to retain the existing residential land use character of the stable neighborhoods and to protect established neighborhoods against unwanted land use intrusions. The Shore Drive Corridor Plan recommends the development of a detailed plan for appropriate use of all identified excess right-of-way for potential disposal and development. All funds generated through the sale of excess right-of-way in the Shore Drive corridor should be earmarked to assist in funding desired improvements identified as part of the Shore Drive Corridor Plan. The Shore Drive Corridor Plan also recommends the preservation of existing natural vegetation to maintain and promote the unique character of this area. PUBLIC SERVICES AND FACILITIES Water/Sewer: There are no public water or sewer facilities in the area proposed for closure. Public Works: There are no public drainage facilities in the area proposed for PC Agenda, September 13, 2000 Page 11 - 2 closure. EVALUATION The viewers have determined that the closure of this street will not result in a public inconvenience. The proposed road closure request is variable in width and, if approved, would result in the Lynnhaven Drive right-of-way being narrowed to approximately 73 feet in width along Lots 1 and 2, and approximately 50 feet in width along Lot 3. The reduced right-of-way width of 50 feet meets the minimum standard for road width on a residential street and should not adversely affect the functioning of this street serving the residential community. It is recognized that this area of the City has parking management problems due to the existing mixed land uses. The proposed street closure will enable the new condominium development to provide additional parking for its' residents above the minimum required by code. The request to close a portion of Lynnhaven Drive is recommended for approval. If the proposed street closure is approved, the following conditions should be attached: CONDITIONS The mature trees located within the closed portion of the right of way adjacent to Lots I and 2 should be preserved and may not be removed without written approval from the Planning Director. On Lot 3, any revision to the approved condominium site plan for additional parking surface must be accompanied by a landscape plan revision showing relocation on-site for any displaced landscaping. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. PC Agenda, September 13, 2000 Page 11 - 3 o The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within 365 days of the City Council's vote to close the roadway, this approval will be considered null and void. Note: Further conditions may be required during the administration of applicable City Ordinances. PC Agenda, September 13, 2000 Page 11 - 4 ~ ~-~ Vista Circle Assoc. Mop Not to Scale ZONING HISTORY 2. 3. 4. 5. Conditional Use Permit (Marina) - Granted 4/22/74 Conditional Use Permit (Marina) - Granted 5/24/94 Street Closure (Lynnhaven Drive) - Denied 11/26/79 Street Closure ( Lynnhaven Drive) - Granted 12/09/97 Rezoning from B-4 Resort Business District to P-1 Preservation District - Granted 12/17/79 Street Closure - Granted 12/21/81 Rezoning from R-10 Residential District to Conditional B-4 Resort Business District - Granted 8/9/94 PC Agenda, September 13, 2000 - Page 11 - 5 _! ?"00E l'/./£ ~,4~V~l/+/,~ ~'------------------~4~_,/-/ CITY COUNCIL ~ 75~ 0.0862 AC. ~/v u~e A-2 Z T.~ R- 1066.28 ' I II I N/F (D.B.3664. F'Q.557) NORTHERN PART OF LOT 1 BLOCK (M.B.7, C, PIN: 1480~d67)~ (u.7, ~.~e?) Vista Circle Associates PC Agenda, September 13, 2000 - Page 11 - 6 Item #11 Vista Circle Associates An unimproved portion of Lynnhaven Drive adjacent to the northern portions of Lots 1 & 2, Block 23 and Lots 3, 4 & 5, Block 23, Plat of Lynnhaven Shores Street Closure District 5 Lynnhaven September 13, 2000 CONSENT AGENDA Cheryl Avery-Hargrove: The next consent agenda item is Item #11, Vista Circle Associates, District 5 Lynnhaven for a street closure. Eddie Bourdon: Again Eddie Bourdon representing the applicants Vista Circle Associates and Mr. and Mrs. Harness. Cheryl Avery-Hargrove: Thank you Mr. Bourdon. Are you agreeable with the conditions? Eddie Bourdon: All the conditions are acceptable. Yes ma'am thank you. Cheryl Avery-Hargrove: Thank you. Any opposition to this agenda item? I would like to make a motion to approve the following agenda items. Item #11 with the conditions. AYE 10 NAY 0 ABS 0 NOT VOTING 1 ATKINSON WOOD AYE BRADLEY AYE MILLER AYE DIN AYE VAKOS AYE BAUM AYE SALLE AYE HORSLEY AYE AVERY-HARGROVE AYE RIPLEY AYE Charles Salle: Motion by Cheryl Avery-Hargrove, seconded by Dot Wood to approve the consent agenda. By a vote of 10 to 0 you have approved the consent agenda noting that Mr. Miller is abstaining on Items 1, 7 and 8. APPLICATION STREET CLOSURE CITY OF VIRGINIA BEACH PAGE 4 OF 4 DISCLOSURE STATEMENT Applicant's Name: List All Current Property Owners: Vista Circle Associates, LLC and Martha M. Harness, Trustee Vista Circle Associates, LLC and Martha M, Harness, Trustee PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list ifnecessa~.) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) [~ Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list ifnecessa~.) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the infortnation contained herein is true and accurate. Martha M. Signature Harness, Trustee Print Name Rev. 9/1.$/98 APPLICATION STREET CLOSURE CITY OF VIRGINIA BEACH PAGE 4 OF 4 DISCLOSURE STATEMENT Applicant's Name: List All Current Property Owners: Vista Circle Associates, LLC and Martha M. Harness, Trustee Vista Circle Associates, LLC and Martha M. Harness, Trustee PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list ifnecessa~.) Howard R. Sykes, Jr. William Dunn, Jr. Wayne Beagle If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) {~ Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list ifnecessa~.) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the infortnation c/~ntained herein is true attd accurate. Vista~iates, LLC By: ~""Signature Howard R. Sykes, Jr., Member Print Name Rev. 9/1.$/9,~1 Item V-L. 5. - 46- PLANNING ITEM # 47250 Upon motion by V~ce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of VILLAGE BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPONAPPLICA TION OF VILLA GE BAPTIST CHURCH FORA CONDITIONAL USE PERMIT FORA CHURCH R010003069 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of F~llage Baptist Church for a Conditional Use Permit for a church at the southeast corner of Holland Road and Stoneshore Road (GPIN # ! 486-82-3088). Saidparcel is located at 3420 Holland Road and contains 1.363 acres. DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The main sanctuary will be limited to 350 seats. 2. The building exterior shall be earth tone colors. All necessary alteration permits and a certificate of occupancy for the change o fuse from the Department of Planning/Permits and lnspections Division shall be obtained before occupancy and use of the building for a church. This Ordinance shall be effective in accordance with Section 107 O0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of October, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 Item V-L. 6. - 47- PLANNING ITEM # 47251 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of ACTS 2 CHURCH for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF ACTS 2 CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R010003070 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application o fActs Church for a Conditional Use Permit for a church at the southwest intersection oflndian River Road and Level Green Boulevard (GPIN # 1456-43-5167). Said parcel is located at 929 Level Green Boulevard and contains 1.747 acres CENTERVILLE - DISTRICT 1 The following conditions shall be require& No more than 200 people shall be present at the church at any one time. The parking lot must be re-striped to provide a minimum of 76 spaces. Required handicap spaces must also be provided. Any request for retail apace within the church's ]4, 600 square feet must be assessed to determine that sufficient parking is available. The dumpster currently located on the north side of the parking lot adjacent to Indian River Road must be relocated to an area acceptable to the Planning Director. Screening for the dumpster shall be provided as required in the Site Plan Ordinance. The new parking lot striping must provide for this location. The existing landscape bed on the east side of the building in front of the space to be leased by the church must be cleaned out, landscaped in accordance with regulations for foundation landscaping, and continualll2 maintained in good condition. The alley south of the building shall be cleared of trash and debris. All necessary alteration permits and a certificate of occupancy for the change o fuse from the Department of Planning/Permits and lnspections Division shall be ob rained before occupancy and use of the building for a church. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of October, Two Thousand October 10, 2000 - 48 - Item V-L. 6. PLANNING ITEM # 47251 (Continued) 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 Item V-L Z - 49 - PLANNING ITEM # 47252 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of CHECKERED FLAG MOTOR CAR CO.,for a Conditional Use Permit: ORDINANCE UPON APPLICA TION OF CHECKERED FLAG MOTOR CAR CO., FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES ROI 0003071 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Checkered Flag Motor Car Co., for a Conditional Use Permit for motor vehicle sales on the south side of Virginia Beach Boulevard, east of ClearfieM Avenue (GPIN #1467-66- 6400;#1467-66-9226 & #1467-76-1412). Said parcel contains 8.827 acres DISTRICT 2 - KEMPSVILLE The following conditions shall be required: All improvements and landscaping shall substantially conform to the "Conceptual Site Layout and Landscape Plan of Checkered Flag Toyota," dated 8/15/OO prepared by MSA, P. C. provided, however that the plan may be revised as necessary to conform with requirements of the "Parla'ng Lot and Foundation Ordinance." The design of the building and additions shall substantially adhere to the building materials and coloring noted on the architectural rendering entitled, "additions and alterations, Checkered Flag Toyota," prepared by Sampson Associates Architects, P.D., dated July 17, 2000. No loudspeakers or outside speaker system shall be permitted on site. All parla'ng lot and outside lighting shall be directed inward and shall not reflect toward the adjacent residential or surrounding properties. The existing "nonconforming" free standing sign, fronting Virginia Beach Boulevard and near the main entrance of the site, shall be removed. This sign may be replaced, provided it meets the sign regulations outlined in the City Zoning Ordinance. Evergreen shrubs planted 4 feet on center and 3 to 4 feet in height shall be installed along the southern property line, where the site abuts the adjacent office development site. This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth ofiOctober, Two Thousand October 10, 2000 - 50 - Item V-L. Z PLANNING ITEM # 47252 (Continued) Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 - 51 - Item V-L. 8. PLANNING ITEM # 47253 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of COLUMBUS ONE, L.L.C., for a Conditional Change of Zoning District Classification ORDINANCE UPONAPPLICATION OF COL UMBUS ONE, L.L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATIONFROMB-3 TO CONDITIONAL B-3A ZO10001184 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Columbus One, L.L.C. for a Change of Zoning District Classification from B-3 Central Business District to Conditional B-3A Pembroke Central Business Core District on certain property located at the southwest corner of Virginia Beach Boulevard and Constitution Drive (GPIN #1477-54-6684; #1477-54-8932). The proposed zoning classification change to Conditional B-3A is for mixed- use, pedestrian-oriented, urban activity center land use. The Comprehensive Plan recommends this area for an "Urban Center", planned for a mix of high intensity, pedestrian centered, urban uses including employment, office, retail, residential, educational, centralized parla'ng facilities and other compatible uses. Said parcel contains 6.46 acres. ROSE HALL - DISTRICT 3 The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of October, Two Thousand 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr., and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: William W Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as his law firm represents the applicant. October 10, 2000 City o£ Virginia Bcach ZNTEi~-OFFZCE CORRESPONDENCE In Reply Refer To Our File No. DF-$220 DATE: TO: Leslie L. Lilley DEPT: FROM: William M. Macali L/4'~ DEPT: Conditional Zoning Application Columbus One, L.L.C. September 25, 2000 City Attorney City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 10, 2000. I have reviewed the subject proffer agreement, dated June 15, 2000, 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. WMM Enclosure AGREEMENT THIS AGREEMENT, made this 15th day of June, 2000 by and between COLUMBUS ONE, L.L.C., a Virginia limited liability company ("Columbus One"), the owner of the property designated as Tract One on Exhibit A attached hereto; the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Development Authority"), the owner of the property designated as Tract Two on Exhibit A attached hereto; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia. For purposes of recordation and ease of reference, Columbus One and Development Authority are hereinafter referred to collectively as the "Grantors," and the City of Virginia Beach is hereinafter sometimes referred to as the "Grantee." WITNESSETH: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification from B-3 to B-3A Conditional on certain property which contains a total of 6.46 acres, more or less, located in the Rose Hall Election District of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A (hereinafter the "Property"); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 B-3A are needed to cope with the situation to which the Grantors' rezoning application gives rise; and Prepared by Mays & Valentine, L.L.P. 4425 Corporation Lane, Suite 420 Virginia Beach, VA. 23462 WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-3A zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, 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 of quid pro quo for zoning, rezoning, site plan, building permit or subdivision, approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their 2 heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: The portion of the Property designated as Tract One on Exhibit A, attached hereto, shall be developed substantially as follows: a.) Any future development, or modifications to existing structures, shall be compatible with the building materials, building color palette, building architectural design and styles, as those required for development of the adjacent parcel to the west, pursuant to the rezoning of said adjacent parcel from B-3 to B-3A. b.) Any new construction shall be in conformity with the policies and recommendations of the Comprehensive Plan (November 1997) and those portions of Section 900 of the City Zoning Ordinance expressing the purpose of the B-3A Pembroke Central Business Core District. c.) Any plans for new development must be submitted to the Director of Planning for determination as to: (1) consistency with the provisions of this Agreement. 2. The portion of the Property designated as Tract Two on Exhibit A, attached hereto, shall be developed substantially in accordance with that certain development agreement identified as: "Development Agreement The Town Center of Virginia Beach made as of the 6t~ day of March 2000 by and between Town Center Associates L.L.C. a Virginia Limited Liability Company and the City of Virginia Beach Development Authority, a Political Subdivision of the Commonwealth of Virginia" which agreement is on file with 'the City of Virginia Beach Development Authority. 3 Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and 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 that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. This Agreement may be executed in counterparts or by using counterpart signature pages. [SIGNATURES BEGIN ON FOLLOWING PAGE] 4 SIGNATURE PAGE FOR PROFFER AGREEMENT BY AND BETWEEN COLUMBUS ONE, L.L.C., THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AND THE CITY OF VIRGINIA BEACH, VIRGINIA DATED JUNE 15, WITNESS THE FOLLOWING SIGNATURES AND SEALS. COLUMBUS ONE, L.L.C., a Virginia limited liability company (SEAL) COLUMBUS ONE, L.L.C., a Virginia limited liability y~,. any CITY/G~e~.~¥-OF . , to-wit: The foregoing instrument was acknowledged before me this/g', day of June 2000 by Elwood C. Isley and David Y. Faggert as managers of Columbus One, L.L.C., a Virginia limited liability company, on behalf of the limited liability company. My Commission Expires: Notary Public 5 SIGNATURE PAGE FOR PROFFER AGREEMENT BY AND BETWEEN COLUMBUS ONE, L.L.C., THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AND THE CITY OF VIRGINIA BEACH, VIRGINIA DATED JUNE 15, 2000 WITNESS THE FOLLOWING SIGNATURES AND SEALS. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By:,~ .(SEAL) COMMONWEALTH OF VIRGINIA CITY/~ OF 'N~kco2x~x; c.~~ to-wit: The foregoing instrument was acknowledged before me this2,.~ay of June 2000 by ~ o~ee-x ~_~ ."~:~.~f the City of Virginia Beach Development Authority, on behalf of the AuthOrity. 6 EXI-IIRIT A TRACT ONE ALL THAT certain parcel of real property with the buildings and improvements thereon and appurtenances thereunto belonging, situated in the City of Virginia Beach and being more particularly described as follows: BEGINNING at a point in the southern right-of-way of Virginia Beach Boulevard, which point marks the intersection of said southern right-of-way line with the dividing line of those two parcels described as "11.266AC." and "6.032 AC.," both as shown on that certain survey entitled "SURVEY OF PROPERTY TO BE ACQUIRED BY COLUMBUS CENTER, INC. AND COLUMBUS CENTER ASSOCIATES (REF: M.B. 110, p. 12)", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 184, at Page 54 and from the point of beginning thus established, running in a southerly direction south 07 degrees 10'47" west 91.92 feet to a point; thence north 82 degrees 48'00" west, a distance of 125.00 feet to a pin; thence south 07 degrees 10' 47" west, a distance of 300.00 feet to a pin; thence south 82 degrees 48'03" east, a distance orS0.00 feet to a pin; thence south 07 degrees 10'47" west, a distance of 125.00 feet to a pin; thence south 82 degrees 48'03" east, a distance of 25.00 feet to a pin; thence south 07 degrees 10'47" west, a distance of 299.88 feet to a pin in the northern right-of-way line of Columbus Street as shown on the previously described survey; thence turning and running in an easterly direction along said northern right-of-way line south 82 degrees 48'35" east, a distance of 276.25 feet to a pin; thence north 52 degrees 07'29" east, a distance of 70.79 feet to a pin in the western right-of-way line of Constitution Drive as shown on said survey, thence continuing along aid right-of-way line in a northerly direction north 07 degrees 03'34" east, a distance of 308.76 feet to a nail; thence north 82 degrees 56'26" west, a distance of 31.00 feet to a pin; thence north 07 degrees 03'34" east, a distance of 100.00 feet to a pin; thence south 82 degrees 56'26" east a distance of 19.00 feet to a pin; thence north 07 degrees 03'34" east, a distance of 100.03 feet to a pin; thence along an arc to the right having a radius of 471.75 feet and an are length of 75.32 feet to apin; thence along an arc to the left having a radius of 471.75 feet and an are length of 75.32 feet to a pin; thence north 07 degrees 03'34" east, a distance of 87.92 feet to a pin; thence north 37 degrees 52'13" west, a distance of 28.22 feet to a pin in the southern right-of-way line of Virginia Beach Boulevard; thence continuing along said right-of-way line in a westerly direction north 82 degrees 48'00" west, a distance of 254.72 feet, to the point of beginning. TOGETHER WITH those certain easements granted by Declaration o fAccess and Utility Easements dated February 27, 1986 and recorded in Deed Book 2482, Page 671. IT BEING the same property conveyed to Endowment and Foundation Realty, Ltd.--JMB--HI, a Delaware Corporation, by deed from Columbus Center Associates, a Virginia corporation, by deed dated 2/27/86 and recorded 3/3/86, in Deed Book 2482, at Page 651. TRACT TWO ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, which is a portion of the parcel depicted and designated as Parcel "S-9" on that certain plat entitled"Subdivision Plat of THE TOWN CENTER, PHASE ONE, Plat of Sunnybrook (MB 5, PG 201), Virginia Beach, Virginia, dated May 23, 2000" made by MSA, P.C. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 286, pages 72 and 73, and is also a portion of the property shown on the "PLAT OF SUNNYBROOK" duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 201, and with reference to said "PLAT OF SUNNYBROOK' being more particularly described as follows: that portion of"CLEVELAND STREET" which lies between the extension in a northerly direction of the western boundary line of Lot 4 in Block 41 on the PLAT OF SUNNYBROOK and the extension in a northerly direction of the western boundary of Lot 5 in Block 41 on the PLAT OF SUNNYBROOK. 29513 Item V-L. 9. - 52 - PLANNING ITEM tt 47254 The following registered in SUPPORT: Attorney Sonny Stallings, 2101 Parks Avenue James Salmons, Jr., 1956 Clifton Road, Phone: 426-6824, the applicant Crystal Salmons, 1956 Clifton Road, Phone: 426-6824 The following registered in OPPOSITION: Attorney R. J. Nutter, 4425 Corporation Lane, represented the Salmon Family (mother and brother) Jamie Ungaretta, 2100 Blossom Court, Phone: 426-1128 Michael Cullipher, 2088 Jarvis Road, Phone": 721-7456 Upon motion by Council Lady Henley, seconded by Vice Mayor Sessoms, City Council DENIED an Ordinance upon application of JAMES H. SALMONS, JR.,for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF JAMES H. SALMONS, JR. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 and AG-2 TO I-2 Ordinance upon application o f James H. Salmons, Jr., for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to 1-2 Heavy Industrial District on the west side of Princess Anne Road, 4040 feet north of Pungo Ferry Road (GPIN #2309-37- 6009). The proposed classification change to 1-2 is for heavy industrial land use. The Comprehensive Plan recommends use of this parcel for farming, forestry, rural residential and other rurally compatible uses in accordance with other Plan policies. Said parcel is located at 773 Princess Anne Road and contains 18.4 acres (PRINCESS ANNE- DISTRICT 7). Voting: 7-4 Council Members Voting Aye: Margaret L. Eure, Barbara M. Henley, Louis t~ Jones, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Linwood O. Branch, IIL William W. Harrison, dr., Reba S. McClanan and Rosemary Wilson Council Members Absent: None Council Lady Henley DISCLOSED, she and her husband own Henley Farm, L.P, that one of the sources to which Henley Farm sells grain is the applicant (James H. Salmons), and that Henley Farm receives income from the sale of grain which excee& $10,000 annually. Neither the grant nor denial of Mr. Salmons' application will have any impact on Henley Farm. Council Lady Henley wishes to disclose this interest and declare she is able to vote on the ordinance fairly, objectively and in the public interest. The City Attorney's letter of October 6, 2000, to Council Lady Henley is hereby made a part of the record October 10, 2000 LESLIE L. LILLEY CITY ATTORNEY In Reply Reference Our File No. OP-672 City of Virginia Beach MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 October 6, 2000 Councilmember Barbara M. Henley Municipal center Virginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilmember Henley: I am writing in response to your request for an opinion as to whether you may participate in City Council's discussion and vote on the application of James H. Salmons, Jr., :for a change of zoning district classification from AG-1 and AG-2 to I-2 on a 17.9 acre parcel of property located at 773 Princess Anne Road. SUMMARY CONCLUSION From my review of the State and Local Government Conflict of Interests Act and the facts you provided, I am of the opinion that you are permitted to participate, without restriction, in City Council's discussion and vote on the above-referenced application. I base this conclusion on the following facts which you provided. Please review the facts as you may only rely on this opinion to the extent they are complete and accurate. FACTSPRESENTED On City Council's agenda for its October l0th meeting is the application of James H. Salmons, Jr., for a change of zoning district classification from AG-1 and AG-2 Agricultural Districts to 1-2 Heavy Industrial District on a 17.9 acre parcel of property located at 77.3 Princess Anne Road. The change of zoning is being requested to allow the applicant to continue use of the property for a bulk storage and gravel distribution operation. You have advised that, in addition to his gravel operation, Mr. Salmons is in the business of buying and reselling grain. You have also advised that you and your husband own Henley Farm, Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector. Councilmember Barbara M. Henley 2 October 6, 2000 L.P., that one of the sources to which Henley Farm sells grain is Mr. Salmons, and that Henley Farm receives income from the sale of grain to Mr. Salmons which exceeds $10,000 annually. You have further advised, however, that neither the grant, nor denial of Mr. Salmons' application will have any impact on Henley Farm. ISSUE PRESENTED Are you permitted to participate in the application of James H. Salmons, Jr., for a change of zoning district classification from AG-1 and AG-2 to I-2 on a 17.9 acre parcel of property located at 773 Princess Anne Road? DISCUSSION/CONCLUSION The State and Local Government Conflict of Interests Act is set forth in § 2.1-639.1 et seq. of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal interests of an officer or employee of state or local government in the transactions of, and contracts with, the governmental or advisory agency of which he or she is a member. The issue in this case is whether Henley Farm's receipt of income from Mr. Salmons exceeding $10,000 annually causes you to have a "personal interest''~ in Mr. Salmons' business and, if so, whether such interest also causes you to have a "personal interest in a transaction"2 (i.e., the subject application). The definition of "personal interest" sets forth five (5) distinct circumstances under which ~"Personal interest" is defined as [a] financial benefit or liability accruing to an officer or employee or a member of his immediate family. Such interest shall exist by reason of(i) ownership in a business if the ownership interest exceeds three percent of' the total equity of the business; (ii) annual income that exceeds, or may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property or any combination thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; or (v) personal liability incurred or assumed on behalfofa business if the liability exceeds three percent of the asset value of the business. 2pursuant to § 2.1-639.2 of the Act, a "personal interest in a transaction" exists "when an officer or employee or a member of his immediate family has a personal interest in property or a business, or represents any individual or business and such property, business or represented individual or business (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency considering the transaction." Councilmember Barbara M. Henley 3 October 6, 2000 a public officer or employee would have such an interest. Based upon my review of those circumstances, I conclude that none of them is applicable to a public officer's or employee's receipt of income from the sale of a product, such as grain, to a third party. Therefore, it is my opinion that Henley Farm's receipt of income exceeding $10,000 annually from the sale of grain to Mr. Salmons does not cause you to have a "personal interest" in his business. Consequently, you do not have a personal interest in his application for a change of zoning district classification and, thus, may participate in City Council's discussion and vote on the application without restriction.3 As a final note, the Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which could affect the confidence of the public in the officer's ability to be impartial. Very truly yours, City Attorney LLL/RMB/sat Seen and Concurred: H~e~/L. l~mt V Commonwealth's Attorney 3I should also note that even though you have a "personal interest" in Henley Farm, because Henley Farm is not the subject of the application, and because, as you have indicated, Henley Farm will not realize any benefit or detriment as a result of the action taken by City Council on the application, your interest in Henley Farm likewise does not cause you to have a personal interest in the application. - 53 - Item V-L. 10. PLANNING ITEM # 47256 Upon motion by l,~ce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance upon application of CITY OF VIRGINIA BEACH to AMEND ~ 203 of the City Ordinance (CZO) by deleting the requirement that parking surfaces have an all weather surface. Voting: 11-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 AN ORDINANCE TO AMEND SECTION 203 OF THE CITY ZONING ORDINANCE BY MODIFYING THE REQUIREMENT THAT PARKING SURFACES HAVE AN ALLWEATHER SURFACE SECTION AMENDED: ORDINANCE SECTION 203 CITY ZONING (b) General standards. Any off-street parking space, including spaces provided above the minimum required, shall have minimum dimensions of nine (9) by eighteen (18) feet; provided that minimum dimensions for parallel parking spaces shall be nine (9) by twenty-two (22) feet; provided that within a parking lot or an enclosed parking garage or structure twenty-five (25) percent of the spaces provided may be designated for compact cars provided that the minimum dimensions shall be eight (8) by seventeen (17) feet for regular spaces or eight (8) by twenty (20) feet for parallel spaces and that all such compact car spaces be clearly marked with the wording "Compact Cars Only"; provided further, that where the width of a parking space abuts a street frontage landscaping strip and/or interior landscaped areas, the length of the parking space may be reduced by one and one-half (1.5) feet. Each space shall be unobstructed, shall have access to a street and shall be so arranged that any automobile may be moved without moving another, except in the case of parking for one- and two-family dwellings and in the case of parking for employees on the premises. All spaces shall comply with the Specifications and Standards of the Department of Public Works, and where such Specifications and Standards do not apply, parkinq surfaces shall That Section 203 of the City Code is hereby amended and reordained to read as follows: Sec. 203. Off-street parking requirements. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 be provided and maintained with an allweather surface. Where parking areas are illuminated, all sources of illumination shall be so shielded as to prevent any direct reflection toward adjacent or hotel districts. In premises in residential, apartment, addition: 1) 2) Parking areas for three (3) or more automobiles shall have individual spaces marked, except in the case of parking for one- and two-family detached dwellings, and spaces shall be so arranged that no maneuvering directly incidental to entering or leaving a parking space shall be on any public street, alley, or walkway. Minimum aisle width required for parking areas shall be according to the following table: Parking Angle (in degrees) 0--44 Aisle Width (in feet) 12 45--59 13.5 60--69 18.5 53 70--79 19.5 54 80--89 21 55 90 22 56 57 58 59 60 61 62 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th day of October, 2000. CA-7767 wmm/ordres/c zo203ord, wpd R-2 August 21, 2000 Item V-M. 1. APPOINTMENTS - 54 - ITEM # 47257 Upon NOMINATION by Vice Mayor Sessoms, City Council: APPOINTED: Ann-Meade B. Simpson AND, REAPPOINTED: Ronald E. Hargrove, Sr. 2 Year Term 11/1/00 - 10/31/02 HISTORICAL REVIEW BOARD Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, l~ce Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 Item V-M. 2. - 55 - APPOINTMENTS ITEM # 47258 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Tara Cermak, Student 1 Year Term 9/1/00 - 6/1/01 PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 - 56- Item V-N. L ITEM ti 47259 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose : LEGAL MATTER& Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Contractual Issues - City Facilities Upon motion by Council Lady Parker, seconded by Vice Mayor Sessoms, City Council voted to proceed into CLOSED SESSION (6:35 P.M.) Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr. Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2000 - 57- ITEM # 47260 Mayor Meyers E. OberndorfRECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the School BoardMeeting Room, School Administration Building No. 6, on Tuesday, October 10, at 7.'02 P.M Council Members Present: Linwood O. Branch, IIL Margaret L. Eure, William ~ Harrison, Jr. Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, ,Ir., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: None October 10, 2000 - 58 - ITEM tt 47261 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council CERTIFIED THE CLOSED SEXSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. 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, 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: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, dr. Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None. October 10, 2000 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 # 47259, Page 56, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. 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. City Clerk October 1 O, 2000 - 59 - Item V-P. AD JO URNMENT ITEM # 47262 Mayor Meyera E. Oberndorf DECLARED the citY Council Meeting ADJOURNED at 7:05 P.M. Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia October 10, 2000