FEBRUARY 1, 2005 AGENDA
r------
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER, Centervi/le - District 1
REBA S. McCLANAN, Rose Hall- District 3
RICHARD A. MADDOX, Beach - District 6
JIM IŒEVI:.-, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
.JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - .JAMES K SPORE
CITY A 770RNEY - LESLIE L. LILLEY
CiTY CU';RK - iWTH HODGES SMITH, MMC
1 February 2005
I.
CITY MANAGER'S BRIEFINGS
Conference Room
A. BIENNIUM BUDGET - FIVE YEAR FORECAST
Catheryn Whitesell, Director - Department of Management Services
B. SIDEWALK CAFÉ GUIDELINES
Jim Ricketts, Director - Convention and Visitors Bureau
II.
COUNCIL LIAISON REPORTS
III.
CITY COUNCIL COMMENTS
IV.
REVIEW OF AGENDA ITEMS
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E- MAIL: Ctycncl@vbgov.com
2:30 PM
V.
INFORMAL SESSION
- Conference Room -
4:30PM
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
VI. FORMAL SESSION
6:00PM
A.
B.
C.
D.
E.
F.
G.
H.
CALL TO ORDER - Mayor Meyera E. Oberndorf
INVOCATION:
Reverend Clarence McPherson
Pastor, Agape International Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
MINUTES
1.
2.
Special Session
Formal and Informal Session
January 18,2005
January 25,2005
AGENDA FOR FORMAL SESSION
PUBLIC HEARINGS
1.
AMEND FY 2004-05 CAPITAL BUDGET
$9,750,000 - 9th Street Garage Acquisition
2.
FARMER'S MARKET LEASES
# 9 Bill and Linda Skipper t/a Skipper Farms
#13 Mark Holland & Jesse Spry t/a S & H Produce
#37 Robert H. Stolman t/a Tall Cedars Farm
I.
CONSENT AGENDA
J.
0 RD IN AN CES
1. Ordinance to AUTHORIZE lease of retail spaces at Farmer's Market:
a. # 9 Bill and Linda Skipper t/a Skipper Farms
b. #13 Mark Holland and Jesse Spry t/a S & H Produce
c. #37 Robert H. Stolman t/a Tall Cedars Farm
2. Ordinance to TRANSFER $1,200,000 within the FY 2004-05 Capital Improvement Budget to
fund the Jetty extension at Rudee Inlet
K.
L.
M.
N.
Agenda 2/l/05st
www.vbgov.com
APPO INTMENTS
Bikeways and Trails Advisory Committee
Community Policy and Management Team - CSA At Risk
Development Authority
Francis Land House Board of Governors
Health Services Advisory Board
Historical Review Board
Investment Partnership Advisory Committee
Minority Business Council
Parks and Recreation Commission
Towing Advisory Board
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
***************
¡fyou are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
ITEM:
Ordinances Authorizing the City Manager to Lease Three
Spaces at the Virginia Beach Farmers Market
MEETING DATE: February 1, 2005
.
Background:
The Farmers Market has been serving the Virginia Beach citizens for over
two decades. A variety of businesses lease space at the Market.
.
Considerations:
Virginia Code § 15.2-1800 requires that all leases of City property be
approved by City Council. The proposed leases are for three retail spaces.
.
Public Information:
A public hearing is required and has been advertised.
.
Recommendations:
City staff recommends approval of the proposed leases.
.
Attachments:
Ordinance; Term Sheet
Recommended Action: Approval tJ
Submitting Department/Agency: Agriculture; Jack Whitney
City Manager~ K- ' Ò(3f5>"<l.
GG \orders \F armersMar ketarf. doc
1
2
3
4
5
6
7
8
9
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO LEASE THREE RETAIL
SPACES AT THE VIRGINIA BEACH
FARMERS MARKET
WHEREAS,
the City of Virginia Beach has leased spaces at
10
the Farmers Market since its inception;
11
WHEREAS,
three spaces at the Farmers Market are available
12
for lease,
and City staff have
identified prospective tenants
13
wishing to lease or renew leases for these spaces; and
14
WHEREAS,
a publ ic hearing concerning the proposed leases
15
has been advertised and conducted.
16
NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY
17
OF VIRGINIA BEACH, VIRGINIA:
18
That the City Manager is hereby authorized on behalf of the
19
City of Virginia Beach to enter into agreements for the lease of
20
the following spaces at the Farmers Market:
21
( a)
space #9 to Linda & Bill Skipper, t/a "Skipper Farms,"
22
from March 15, 2005 through March 15, 2008;
23
(b)
space #37 to Robert Stolman,
t/a
"Tall Cedars Farm,"
24
from March 1, 2005 to March 1, 2008; and
25
(c)
space #13 to Jesse Spry and Mark Holland,
t/a "S&H
26
Produce," from March 1, 2005 to March 1, 2008.
27
28
Adopted by the Council of the City of Virginia Beach,
29
Virginia on the
day of
, 2005.
CA-9496
H:\P&A\GG\ORD\Farmarord.doc
Rl
January 24, 2005
Approved as to Legal
Sufficiency
~ 5'.~rP:
City Attorney' Offlce
LESSOR:
LESSEE:
TERM:
RENT:
SUMMARY OF TERMS
LEASE FOR RETAIL SPACES AT THE
VIRGINIA BEACH FARMERS MARKET
City of Virginia Beach
Space #9: Linda and Bill Skipper, t/a "Skipper Farms"
Space #37: Robert Stolman, t/a "Tall Cedars Farms"
Space #13: Jesse Spry and Mark Holland, t/a "S&H Produce"
Space #9: March 15, 2005 to March 15, 2008
Space #37: March 1,2005 to March 1,2008
Space #13: March 1,2005 to March 1,2008
Space #9: $446 month/$5,352 annually
Space #37: $300 month/$3,600 annually
Space #13: $446 month/$5,352 annually
RIGHTS AND RESPONSIBILITIES OF LESSEE:
.
Use leased space for retail business consistent with the purpose of the Farmers
Market.
Maintain leased space, including heating and air conditioning units.
Purchase and maintain $1,000,000 in commercial general liability insurance.
Keep business open during hours of Farmers Market operation.
Additional fees due for electricity and promotion charges.
.
.
.
.
RIGHTS AND RESPONSIBILITIES OF CITY:
.
Maintain common areas of the Farmers Market and structural elements of the lease
space.
Pay for water and sewer service.
.
TERMINATION:
City may terminate by providing Lessee sixty (60) day notice.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to transfer $1,200,000 from CIP 8-008 Beach Replenishment to 8-006
Rudee Inlet Infrastructure Improvements
MEETING DATE: February 1, 2005
.
Background: The Rudee Inlet Infrastructure Improvements project is currently under
construction, at a contracted cost of $3,826,979.70. The scope of the contract includes
sand tightening and renovation of the existing north jetty, a 1 DO-foot extension of the
north jetty, replacement of the sand trap weir and associated rock structures, and the
renovation of the south bank revetment. An additional 1 DO-foot north jetty extension was
included in the project study for consideration, and had been included in the bid
documents as an additive alternative. The bid cost for the additional 1 DO-foot extension,
however, was beyond available project funding and the item was not awarded.
In response to community input at City Council's January 25, 2005 public hearing, the
Council has expressed the desire to award the additional 1 DO-foot north jetty extension,
necessitating a fund transfer.
.
Considerations: Because federal funding for the maintenance of the Resort beach was
not appropriated for FY 2004-05, planned expenditures in CIP 8-008 (Beach
Replenishment) will be delayed. For this reason, this project was the source of a
previous fund transfer to CIP 8-006 (Rudee Inlet Infrastructure Improvements). The
transferred funds are planned to be restored by adjustment to the Beach Replenishment
project in the FY 2005-06 CIP.
.
Public Information: Standard public notification of City Council agenda.
.
Alternatives: 1) Adopt transfer ordinance and award the 1 DO-foot extension; 2) modify
the funding source for the transfer; 3) construct jetty as currently contracted.
.
Recommendations: Adopt ordinance and authorize the award of the extension.
.
Attachments: Ordinance
Recommended Action: Adopt Ordinance
Submitting Department/Agency: Public Works
City Manager:~ 'r, ?D ~
H:\PA\GG\ORDRES\ARF's\Rudee Inlet 8-008 8-006 art.doc
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO TRANSFER $1,200,000 FROM
CAPITAL IMPROVEMENT PROJECT #8-008, "BEACH
REPLENISHMENT," TO CAPITAL IMPROVEMENT
PROJECT #8-006, "RUDEE INLET INFRASTRUCTURE
IMPROVEMENTS," TO PROVIDE FURTHER FUNDING TO
EXTEND THE JETTY AT RUDEE INLET
11
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12
BEACH, VIRGINIA:
13
That $1,200,000 from Capital Improvement Project #8-
14
008, "Beach Replenishment," is hereby transferred to Capital
15
Improvement Project #8-006, "Rudee Inlet Infrastructure
16
Improvements," in the FY 2004-05 Capital Budget to provide
17
further funding to extend the jetty at Rudee Inlet.
18
19
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
day of
, 2005.
Approved as to Content:
ß ~Q, ~
APPROVED AS TO LEGAL SUFFICIENCY:
~y~ ~~¡ý.
CA9499
R2
January 27, 2005
H:\PA\GG\ORDRES\RUDEE INLET 8-008 8-006 ORD.doc