HomeMy WebLinkAboutOCTOBER 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
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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
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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,
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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
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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
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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
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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.
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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
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- 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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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HELEN M. FtSK L
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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
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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
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5
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11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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3O
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32
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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
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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.
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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
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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
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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
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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
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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