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DECEMBER 26 2000 MINUTESMINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 26, 2000 Mayor Meyera E. Oberndorf called to order the SPECIAL FORMAL SESSION in the City Council Conference Room, City Hall Building, 2401 Courthouse Drive. on Tuesday, December 26, 2000, at 9:00 A.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, 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 Absent: William W. Harrison, Jr. Reba S. McClanan [IN HAWAH ON VACATION WITH FAMIL Y] [IN CALIFORNIA ON VA CA TION WITH FAMIL Y] Item II. -2- ITEM # 47557 The Mayor read the CALL TO SPECIAL FORMAL SESSION: "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Section 3.06, the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL on Tuesday, December 26, 2000, at 9:00 A.M. in the City Council Conference Room, City Hall Building, 2401 Courthouse Drive. City Council will also convene in CLOSED SESSION for the following purpose: 31~ STREET DEVELOPMENT Sincerely, Meyera E. Oberndorf" December 26, 2000 City of Virginia F each MEYERA E, OBERNDORF MAYOR December 22, 2000 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 427-4581 FAX (757) 426-5669 moberndo@city, virginia-beach.va, us HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Section 3.06, the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL on Tuesday, December 26, 2000, at 9:00 A.M. in the City Council Conference Room, City Hall Building, 2401 Courthouse Drive. City Council will also convene in CLOSED SESSION for the following purpose: 31" STREET DEVELOPMENT MEO/bh Virginia Beach City Council Councilman Linwood O. Branch, III Councilwoman Margaret L. Eure Councilman William W. Harrison, Jr. Councilwoman Barbara M. Henley Councilman Louis R. Jones Councilman Robert C. Mandigo, Jr. Councilwoman Reba S. McClanan Councilwoman Nancy K. Parker Vice Mayor William D. Sessoms Councilwoman Rosemary Wilson Received Notice Sincerely, M~orf Mayor Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector. -3- Item III ITEM # 4 7558 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: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting would 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- 31s' Street Project LEGAL MA TTERS: 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 such counsel pursuant to Section 2.1-344(A)(7). Contractual Issue - 31st Street Project Environmental Ordinances Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, 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: None Council Members Absent: William W. Harrison, Jr. and Reba S. McClanan (Time of Closed Session: 9:07A.M. to II:IO A. M.) December 26, 2000 -4- Item IV ITEM # 4 7559 Mayor Meyera E. Oberndorf RECONVENED the SPECIAL FORMAL SESSION on Tuesday, December 26, 2000, at 11:12 A.M. in the City Council Conference Room, City Hall Building, 2401 Courthouse Drive. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, 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 Absent: William W. Harrison, Jr. [IN HAWAH ON VACATION WITH FAMIL Y] Reba S. McClanan [IN CALIFORNIA ON VACATION WITH FAMILY] December 26, 2000 Item V CERTIFICATION OF CLOSED SESSION ITEM # 4 7.560 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, 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: 9-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Reba S. McClanan December 26, 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 # 47558, Page 3, 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. Rxl~h Hodges Smith, MMC City Clerk December 26, 2000 -6- Item VI ITEM # 47561 Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to APPROPRIATE $ 750, O00 for site acquisition and related costs associated with 31st Street Parking Garage (CIP #9-027). The Christopoulos Family property is a 21,000+/- square-foot parcel, the final parcel of land in the block between Atlantic and Pacific Avenues at 31st Street to be assembled by the City for the 3 Pt Street project. Mayor Oberndorf advised this Special Session was called for the day after Christmas as City Council made an offer in October 2000, but there was no response from the Christopoulos Family until mid-December, after City Council's last meeting was adjourned. With Holiday schedules of various City Council members considered, and the need to close before the last business day of the year (December 29'n or before), the only opportunity for this SPECIAL SESSION was the morning of December Twenty-sixth. All paperwork must be accomplished for the Courts by December 31, 2000. The developer's planning year commences January 1, 2001. The purchase cost will not be assumed exclusively by the City. The developer is responsible for one 'half of all costs in excess of $2-MILLION in the northern 'half of the parking lot, which includes this parcel and two other parcels previously secured by the City, which funds are in escrow at this time. The developer has fifteen (15) days to fund its portion of these land costs. Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. clones, 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: William W. Harrison, dr. and Reba S. McClanan December 26, 2000 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Appropriate $750,000 For Site Acquisition And Related Costs Associated With CIP #9-027, 31st Street Parking Garage MEETING DATE: December 26, 2000 Background: In the Resort Area Concept Plan adopted by the City Council, a need for additional parking to meet tourist and citizen needs in the North End of the Resort Area was identified. On October 13, 1998, City Council authorized the acquisition of property needed for the construction of a parking facility at 31st Street, ClP #9-027, 31st Street Parking Garage. Considerations: The current CIP project will be financed through the use of lease-revenue bonds. Appropriations in the amount of $2,000,000 are currently available in the project; however, $750,000 in additional appropriations is now required for the acquisition of property. Public Information' Public notice of Council's meeting will be provided as required by the Virginia Freedom of Information Act. Alternatives: N/A Recommendations: Adoption of attached ordinance. Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager City Manager: F:\DataV~,TY~Ordin\NONCODE\31st Street. Agenda 1 .wpd 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO APPROPRIATE $750,000 FOR SITE ACQUISITION AND RELATED COSTS ASSOCIATED WITH CIP #9-027, 31ST STREET PARKING GARAGE WHEREAS, City Council on October 13, 1998 authorized the creation of a capital project, CIP #9-027, 31st Street Parking Garage, for the acquisition of property needed for the construction of a public parking facility; WHEREAS, $2,000,000 is currently available in the project for property acquisition and an additional $750,000 is now needed; and -~ WHEREAS, financing for the project is to be provided through lease-revenue bonds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funds in the amount of $750,000 are hereby appropriated to CIP #9-027, 31st Street Parking Garage, with the appropriations to be offset by financing through lease-revenue bonds to be authorized and issued at a future date. 2. That revenue from lease-revenue bond financing is hereby increased by $750,000. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26thof December , 2000. CA-7954 Odin~noncode~31st Street Ordinance 3 December 22, 2000 RI APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Mana~em~ nt Servlce~.~. ~%partment of ~w ' v -7- Item VII ADJOURNMENT ITEM # 4 7562 Mayor Me, era E. Oberndorf DECLARED the City CounciUs SPECIAL FORMAL SESSION ADJOURNED at 11:18 A.M. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 26, 2000