Loading...
HomeMy WebLinkAboutJANUARY 30,2001 MINUTESCity of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, HI, Beach -Dtstrtct 6 MARGARET L EURE, Centervtlle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven ~ District 5 BARBARA M HENLEY, Prtncess Anne ~ District 7 LOUIS R JONES, Baystde - District 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEE Ctty Attorney RUTH HODGES-SMITH, MMC, Cay Clerk CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEA CH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ct~cncl@ctO wrgtnta-beach va us CITY COUNCIL SPECIAL FORMAL SESSION CONFERENCE ROOM 30 January 2001 3 O0 PM I. CALL TO ORDER - Mayor Meyera E Oberndorf II READING OF MAYOR' S CALL TO SPECIAL SESSION III ROLL CALL OF CITY COUNCIL IV. LOTUS CREEK/FERRELL PARKWAY DISCUSSION V RECESS TO CLOSED SESSION VI CERTIFICATION OF CLOSED SESSION VI I ADJOURNMENT OUR N~,'~ MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~ma Beach, V~rg~n~a January 30, 2001 Mayor Meyera E Oberndorf called to order the SPECIAL FORMAL SESSION tn the City Counctl Conference Room, Ctty Hall Butldtng, 2401 Courthouse Drtve on Tuesday, January 30, 2001, at300P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Absent Nancy K Parker [ABSENT DUE TO ILLNESS] Wtlham W Harrtson, Jr [ENTERED 3 12 P M] -2- Item Il. ITEM # 4 7680 The Mayor read the CALL TO SPECIAL FORMAL SESSION: "HONORABLE MEMBERS OF CITY COUNCIL In accordance wtth the City Charter, Section 3 06, the Vtrgtma Beach Ctty Code, and by the authority vested tn me as Mayor of the Ctty of Vtrgtma Beach, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL to dtscuss Lotus Creek/Ferrell Parkway on Tuesday, January 30, 2001, at 3 O0 P M tn the Ctty Counctl Conference Room, Cay Hall Buddtng, 2401 Courthouse Drtve There wdl be a CLOSED SESSION for the purpose of constdertng a LotusCreek/FerrellParkway b Sportsplex Ctty Councd wdl also conduct the regularly scheduled and adverttsed Workshop at 4 O0 - 6 O0 P M tn the Conference Room re a Ctty Counctl Pohctes and Major ProJects Smcerely, Meyera E Oberndorfl' January 30, 2001 -3- Item IV. L 0 TUS CREEK/ FERRELL PARKWAY DISCUSSION ITEM # 4 7681 Council Lady Eure referenced a Resolutton selecttng the ahgnment for the sectton of roadway between General Booth Boulevard and Sandbrtdge Road (Alternative B-2) stratght ahgnment (ADOPTED: June 22, 1999, and the Ordinance to authortze the City Manager to enter tnto a Cost Parttctpatton and Development Agreement for the redestgn and constructton of a portion of Ferrell Parkway - Phase VI (DEFERRED INDEFINITELY June 22, 1999). Council Lady Eure quoted parttal remarks of Attorney R d Nutter Attorney Nutter had represented a commtttee offive (5) Sandbrtdge restdents "Over the course of the last few years, we have invested wah the Federal Government momes for a hurricane protectton plan based on a U S Army Corps of Engmeers study that calls for sand preservatton for 50years Restdents tn that area have dedicated the beaches and thetr property for pubhc beaches, and as a result one of the condtttons of the U S Army Corps of Engtneers Study - one of the requtrements and one of the noted potnts of the Study - was that there was tnadequate access to Sandbrtdge Road" Attorney Nutter submitted pettttons tn support of retatntng the right-of-way Attorney Nutter also cited correspondence of January 11, 1990, from Rtchard Smtth- Deputy Dtrector- US Ftsh and Wddhfe, regardtng the access tssue for the constructton of Ferrell Parkway and advtstng the Ctty to buy land for right-of-way Right-of-way was purchased wtth pubhc money On May 30, 2000, the US Army Corps of Engineers extended to December 31, 2002, a Permtt for Mr Albert Abtouness Council Lady Eure further referenced her telephone conversatton of January 29, 2001, wtth Mr Jones of the Corps The developer had advtsed all of the mtttgatton has been settled with the U S Army Corps of Engtneers This was verified by Mr Jones However, a couple of mtnor vtolattons remam as well as some revtslon of drainage Informatton wall be faxed to Councd Lady Eure relative these issues The Corps dtd fax a copy of correspondence relatlve payment tn the amount of $69,2OO from Mr Abtouness to the Nature Conservancy Also, Councd Lady Eure retterated her conversation wtth Jack McCambrtdge, VDOT - Suffolk Dtstrtct Engtneer, who advised the permttttng for Ntmmo/Ferrell Parkway right-of-way could only take approxtmately 18 months from the Department of Envtronmental Quahty The Vtrgtma Department of Transportatton has htred a consultant to work with the Corps on thts controverstal project to determtne what problems the present rtght-of-way may have Consultants are currently working on this Permttttng would depend on those problems as well as permttttng Sandbrtdge tmprovements Relattve the report dated August 1, 2000, to Ctty Counctl, Assistant City Attorney Ball Macah stated Hells Point ss zoned P-l, Counctl Lady Eure wtshed to be advtsed of the name of the owner of thtsproperty Lotus Creek Assoctates advised the Ctty on January 28, 2001, that Hells Point had been sold Phase H and lII are approximately 184 acres On page 6 of satd report, Assistant Ctty Attorney Macah stated "Since the approval of the Plan, Area 2 has been determined to be undevelopable by reason of the fact that zt ts wetlands now encumbered by deed restrtcttons requtrmg tt to rematn as wetlands "and on Page 9 of satd report, he stated "Fall tn the floodplatn Had the road been a pubhc street, tt would not have requtred a floodplain variance" On January 4, 2000, Ctty Councd APPROVED, an apphcatton ofLOTUS CREEKASSOCIATES (dented November 23, 1999), for a Variance to Sectton 5B of the &te Plan Ordtnance, Floodplain Regulattons, to complete a restdenttal development project on property on Lotus Creek Drtve Assistant City Attorney Macah noted on page 10 of satd report "None of the wetlands wtthtn the Lotus Creekproperty ts within the jurtsdtctton of the City Wetlands Board" On Page 17 "The vested rtght to develop the Lotus Creekproperty only brads the Ctty The Department of Envtronmental Quahty and the Army Corps of Engtneers are not bound by ctty approval" Councd Lady Eure further referenced Robert Scott's, Dtrector of Planntng, correspondence to Mr Abtouness which stated on September 22, 2000, relattve the aforementioned Floodplain Vamance granted on January 4, 2000 "If addtttonal fill area or volumes are needed to accomphsh any project plans, then an addtttonal vartance would be requtred" Page I ora Memorandum from E Dean Block, Director of Pubhc Works, to the Ctty Manager (January 2, 2001), states a stmtlar concern "It ts apparent that an addtttonal fill will be required for both roadways and dwelhng umts area" "It wdl require more extenstve filhng to raise the roadway elevatton beyond the currently proposedplan" January 30, 2001 -4- Item IV. LOTUS CREEK/ ITEM # 47681 (Continued) FERRELL PARKWAY DISCUSSION The memorandum of Clay Bermck to Counctl Lady Eure dated danuary 5, 2001, states "The ctty has the only rematmng stop work order tn place, for the road construction on(¥ to serve the proposed Phase H of the project Plans have only been approved for the road for Phase II, noplans have been submttted or approved for any further work on the property" Mr Block further states that Asststant Ctty Attorney Macah ts drafitng a resolutton to extend Ntmmo Parkway east of Atwoodtown and to sell the property to the U S Ftsh and Wtldhfe An addtttonal $140,000 would be pard by the Ctty resulttng tn a total sales prtce of $3- MILLION The Fish and Wtldhfe Servtce ts not tnterested tn the purchase unless tt also tncludes the Ntmmo Parkway rtght-of-way Lotus Creek wouM retatn ownershtp of parcel A-2 which adjoins Phase I of the butldtng project jurtsdtcttonal wetlands Counctl Lady Eure wtshed to be advtsed relattve (1) the total acreage of the project, (2) number of acres purchased by the City, and (3) tn formation relattve the "trtangularparcel".[rom whtch thts was purchased, the amount pard and the reason for tts tncluston On January 8, 2001, E Dean Block's memorandum to Counctl Lady Eure relates the esttmated cost of Ntmmo Parkway would be reduced by $2.8-MILLION for the segment from General Booth to Upton Drtve The estimated cost of reducmg the Ashvtlle Brtdge Creekspan from 800feet to 400feet ts $1.6-Million The total effect of both ttems would reduce from $17.2-MILLION to $12.8-MILLION. Counctl Lady Eure referenced the tnformatton from E Dean Block concermng compartsons of the alternate two lane route cost In a letter to the Ctty Manager and Ctty Attorney, Council Members Eure, McClanan, Mandtgo and Wtlson requested further tnformatton relative the Garcta project crosstng Atwoodtown Road, traffic ctrculatton at Lagomar, the future of Davtd Htll property as to how an alternate Sandbrtdge Road would be developed or tmproved tn the future, esttmated cost of tmprovtng Sandbrtdge Road, whether or not Ntmmo Parkway ts developed (tncludtng the number of mtles and the wetlands for the rematnder of Ntmmo Parkway), and, after the development of the road porttons butlt by Lakestde and Garcta are complete, how much wtll tt cost for the City to fimsh Ferrell Parkway The Ntmmo/Ferrell Parkway right-of-way, the traffic issue and the Lotus Creek property flood tssue wtll be separated Rtck Rtsley, Prestdent- Chesapeake Atlanttc Development Group, currently developtng Phase I of Lotus Creek, advtsed Carl Freeman ts the current owner of Hells Point Golf Course dtm Lawson, Real Estate, advtsed 44.8 acres are betng purchased by US Ftsh and Wtldltfe of whtch 2& 7 acres are developable at a purchase prtce of $3-MILLION Asststant Ctty Attorney Carol Hahn advised the ctty-owned property would be 4500 linear feet of Ferrell Parkway from Atwoodtown Road east to apotnt 4500feet That rtght-of-way ts approxtmately 150feet wtde (the ctty tntends to retatn 40feet of thts) The other parcel of ctty-owned property ts a parcel called the "Lotus Garden Farms"property, a land locked parcel, which ts approxtmately 23.18 acres The 4500 hnear feet was acqutred by agreement of theproperty owners Mrs Hahn shall advise how the Ctty acqutred the Lotus Garden Farms property The Ctty Manager advtsed the requested purchase prtce for the Lotus Creekproperty was much htgher than Ftsh and Wtldhfe wouM normally expend forpreservatton property Ftsh and Wtldhfe requested whether other properttes could be mcluded, so thetr prtce per acre (tn effecO wouM be reduced Parks and Recreatton preferred Ftsh and Wtldhfe matntatn and operate thts landlocked parcel of property rather than the Ctty Mayor Oberndorf referenced a telephone conversatton wtth one of the five property owners tn Phase I of the Lotus Creek area The restdent advised thetr Condomtntum Assoctatton owns the streets, street hghts, etc The Ctty has placed a "stop work" order on Phase I Asststant Ctty Attorney Macah advtsed thts was not true The only "stop work" order ts on the roadway for Phase H Counctlman Harrtson advtsed the stngle- famtly development also conststs of a sectton of homes along the other stde of the Nmth Fatrway Right now, because of the "stop work" order, one cannot get to the other stde of the Ninth Fatrway Phase I ts dtvtded tnto a Part 1 and Part 2 Phase I ts betng held up Mr Rtsley stated the "stop work order" affects Phase I due to disclosure to restdents, and stops any further development, tnvesttgatton orplanntng on Part 2 of Phase I, Phase II and III as there ts no access to these parcels January 30, 2001 -5- Item IV. LOTUS CREEK/ ITEM # 47681 (Continued) FERRELL PARKWAY DISCUSSION Asststant Ctty Attorney Macah referenced the document prepared for Ctty Counctl relattve Lotus Creek Tab 1 Report on the History and Status of the Lotus Creek Property Tab 2 DRAFT Memorandum of Understandtng wtth the US Ftsh and Wtldhfe Servtce Tab 3 Memorandum from E Dean Block to the Ctty Manager relattve Lotus Creek Phase II Storm Dratnage Tab 4 "Stop Work" Order Tab 5 Reason for "Stop-Work" Order on Lotus Creek Phases Il and lII Tab 6 Memorandum (October 13, 2000) to the Mayor and Members of City Council (Summary of Contracts - a purchase agreement and two letters of tntenO Tab 7 Memorandum (October 20, 2000), correctton relattve extenston of the road thorough Phase III The purchaser of Phase III, rather than Lotus Creek Associates, ts requtred to extend the road through Phase III to tts termtnus Tab 8 Letter from Robert Scott to Alfred E Abtouness and Steven F Valdtvtsso, Contract Purchaser for Phase II, stating hmttattons on Variance Tab 9 Letter from Robert Scott to Gary Web& Consultant for Lotus Creek Assoctates, relattve Stte Development Plan Revtew for Lotus Creek, Phase II, Atwoodtown Road Tab 10 Source of statements relattve opttons for connecttng Lagomar, Sectton 7 Intttal Phase of Lagomar, Sectton 7 will be hmtted to 146 untts whtch may use Entrada Drtve Any development after that point would requtre alternattve access Mayor Oberndorf advtsed restdents are concerned relattve the value of thetr homes Counctl Lady Wtlson referenced several questtons and statements to whtch she requested a response She dtstnbuted coptes of her hst Counctl Lady Wtlson questtoned whether there ts any truth to the assumptton that an tmproved Sandbrtdge Road wtll be butlt sooner than Ferrell Parkway VII The Ctty Manger advtsed the prtortty of these projects would be the dectston of Ctty Counctl Counctl Lady McClanan advised she rematned stuck tn traffic on Holland Road for 30 mtnutes due to an acctdent She recalled approximately 35years ago, thts was one of the Ctty's top prtortttes The right-of-way at Ferrell Parkway ts part of an tntttal plan whtch should not be gtven away At some potnt, actton must be taken Another traffic guard was killed at Kellam High School before Chrtstmas Thts ts a serious and dangerous situation Councilman Branch advised Ferrell Parkway V ts part of the VDOT fundmg The City Manager advised the Ctty has been worktng wtth the State relattve Ferrell II and V for some ttme relattve the loop around the Muntctpal Center and connectton to General Booth Boulevard Thts would reheve the sttuatton about whtch Counctl Lady McClanan ts concerned Ferrell V ts a very expenstve project and the funding has been dtfficult The Ctty has not apphed for a permtt on Ferrell VII Mr Block advtsed projects tncrease tn cost, when they are delayed ProJects cannot be funded through VDOT, unless they are on the Master Transportatton Plan and tn the approved Regtonal Plan The Ctty Manager advtsed Ferrell VII ts the preferred recommended ahgnment, the one adopted by the City Counctl and the ahgnment on the Master Street Plan for a long pertod of trine Council Lady Wtlson referenced the right-of-way has already been cleared 30 to 40feet The new road needs 60feet Wtth tncreasmg the wtdth, 20 to 30feet, how many Bald Cyprus trees would be lost ? Mr Block advtsed the areas have been surveyed, the trees counted and a dtsplay schemattc of the area has been developed Approxtmately 66 Bald Cyprus trees wtll be ttnpacted If the brtdge ts made longer, the impact could be further reduced January 30, 2001 -6- Item IV. LOTUS CREEK/ ITEM # 47681 (Continued) FERRELL PARKWAY DISCUSSION Concermng the wtdemng of Sandbrtdge Road, how many churches, bustnesses and homeowners would be affected, especially concerntng emtnent domatn and drainage tssues Counctl Lady Henley referenced the maps drawn as a part of the study deptcttng the proposed ahgnment Cemetertes are not tmpacted The htstortcal house (Brown's Tavern) on General Booth across from Strawbrtdge Shopptng Center would be affected Ftve houses were depicted tn the ahgnment The home tn the area between the Seven - Eleven at Prtncess Road and Sandbrtdge Road would be affected There ts a way to avotd tmpacttng the two homes on McClanan's curve which the consultant had deptcted as betng tmpacted The other two houses tmpacted are located tn the area across from Lagomar and thts would be dependent upon where the ahgnment was reduced from four lanes to two lanes The tmpact on the frontpart of the parktng lot of the church would be dependent on whether or not the curve east of the brtdge would be ehmtnated The City Manager advtsed U S Fish and Wtldhfe ts pledgtng to support the Ctty's efforts to obtatn permtts to wtden, stratghten and elevate Sandbrtdge Road He beheves there wtll be a dtfficult ttme tn obtatntng permits for Ferrell VII Counctl Lady Wtlson advtsed the June 1989 Assessment of Proposal to expand the boundary of Back Bay Natural Wtldhfe Refuge, Ftnal Environment Assessment states "The Servtce has no tntentton, nor would tt have a legal standtng to acqutre pubhcly owned roads "Counctl Lady Wtlson was curious as to why Ftsh and Wtldhfe would make acqutsttton of Ferrell a conchtton ofbuytng Lotus Creek John Stasko, Manager - Back Bay Nattonal Wtldhfe Refuge, advised purchasmg the right-of-way for Ferrell Parkway would not tnclude purchastng the road The potnt tn the Envtronmental Assessment ts that access to Sandbrtdge would not be restrtcted Assistant City Attorney Macah advtsed the final Environmental Assessment was accomphshed tn 1989for the ortgtnal Wtldhfe Refuge expanston Sandbrtdge restdents were very concerned that the Ftsh and Wtldhfe Servtce was gotng to buy Sandbrtdge Road and cut off thetr enttre access The Fish and Wildlife Service may legally obtain the Ferrell Parkway right-of-way. Therefore, there is no problem in the legality of this transaction. The Ctty Manager advised there ts no condttton tn the apphcatton process from the Federal Government for acqutrmgfundmgfor sand for Sandbrtdge The Lotus Gardens property, 23. 6 acres, will be traded by the Ctty to Fish and Wtldhfe for certatn porttons of needed rtght-of-way These are bemg surveyed and tdenttfied Assistant Ctty Attorney Hahn advtsed Ftsh and Wtldhfe ts attempttng to secure the fundtng from vartous sources other than a Congressional approprtatton from the federal government Mayor Oberndorf advtsed, relattve the questton of tnacttve roads tn Vtrgmta Beach, tf the Ctty dtd not conttnue to have urban sprawl, then the roads mtght not be tmpacted as much, espectally the brand new houstng areas tn thts general regton Thts needs to be constdered when after revtewtng the Comprehenstve Plan .January 30, 2001 -7- Item V ITEM it 4 7682 Mayor Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatmng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advice by such counsel pursuant to Section 2 1-344(A)(7) Contractual Issue - Sportsplex Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Mandtgo, Ctty Councd voted to proceed tnto CLOSED SESSION. Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham }V Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Vtce Mayor ~tlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Councd Members Absent Nancy K Parker (Ttme of Closed Sesston 4:43 P.M. to 4:58 P.M.) January 30, 2001 -8- Item VI ITEM # 4 7683 Mayor Meyera E Oberndorf RECONVENED the SPECIAL FORMAL SESSION on Tuesday, January 30, 2001, at 4 58 P M tn the City Council Conference Room, City Hall Bmldmg, 2401 Courthouse Drive Council Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R dones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Absent Nancy K Parker [ABSENT DUE TO ILLNESS] January 30, 2001 Item VII -9- CER TIFICA TION OF CLOSED SESSION ITEM # 4 7684 Upon motton by Council Lady Eure, seconded by Council Lady Wtlson, City Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to which thts certtficatton resolution apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motion conventng the Closed Sesston were heard, dtscussed or considered by Vtrgtnta Beach City Council Vottng 7-0 Council Members Vottng Aye Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III, Robert C Mandtgo, Jr, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr January 30, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The V~rglma Beach C~ty Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 4 7682, page 7, and tn accordance wtth the provtstons of The Virginia Freedom of lnformation Act, and, WHEREAS. Sectton 2 1-344 of the Code ofVtrgtnta requtres a certification by the governing body that such Closed Sesston was conducted tn conformtty wtth Vtrgtnta law NOW, THEREFORE, BE IT RESOL VED That the Vtrgtnta Beach Ctty Counctl hereby certtfies that, to the best of each member's knowledge, (a) only pubhc busmess matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, and, (b) only such pubhc bustness matters as were tdenttfied tn the morton convemng thts Closed Sesston were heard, dtscussed or constdered by Vtrgtma Beach City Council R~h Hodges 2~mttli, MMC Ctty Clerk January 30, 2001 10- Item VIII ITEM it 4 7685 Mayor Oberndorf entertatned a motton to permtt Ctty Council to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PUBLICLY-HELD PROPERTY Discussion or consideration of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where discussion tn an open meeting would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) To-Wtt Acqutsttton/Dtsposttton of Property - Lotus Creek LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatmng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by such counsel pursuant to Sectton 2 1-344(A)(7) To- Wtt Ferrell Parkway/Lotus Creek Legal Issues Upon motton by Counctlman Branch, seconded by Vtce Mayor Sessoms, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr (Ttme of Closed Sesston 5:00 P.M. to 6:03 P.M.) January 30, 2001 -11- Item IX ITEM # 4 7686 Mayor Meyera E Oberndor.[RECONVENED the SPECIAL FORMAL SESSION on Tuesday, January 30, 2001, at 6 03 P M tn the Ctty Councd Conference Room, Ctty Hall Budding, 2401 Courthouse Drtve Councd Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham Vt' Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, dr, Mayor Meyera E Oberndorf Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Counctl Members Absent Nancy K Parker [ABSENT DUE TO ILLNESS] January 30, 2001 Item X - 12- CER TIFICA TION OF CLOSED SESSION ITEM # 4 768 7 Upon morton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meettng requirements by Vtrgtnta law were dtscussed tn Closed Session to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convenmg the Closed Sesston were heard, discussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 10-0 Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R done& Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Nancy K Parker January 30, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to thc affirmative vote recorded in ITEM # 47685, page 10, and tn accordance wtth the provtstons of The Virginia Freedom of Information Act, and, WHEREAS Sectton 2 1-344 of the Code of Vtrgtnta requires a certification by the govermng body that such Closed Sesston was conducted tn conformtty wtth Vtrgtnta law NO~, THEREFORE, BE IT RESOL VED That the Vtrgtnta Beach Ctty Counctl hereby certtfies that, to the best of each member's knowledge, (a) only pubhc busmess matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were chscussed tn Closed Sesston to whtch thts certtficatton resolution apphes, and, (b) only such pubhc bustness matters as were tdenttfied tn the morton convenmg thts Closed Session were heard, discussed or constdered by Vtrgtnta Beach Ctty Counctl Rdth Hodges S~ntth, MMC Ctty Clerk January 30, 2001 - 13- Item XI ITEM # 4 7688 BY CONSENSUS, the CITY COUNCIL WORKSHOP re the City's Proposed Major Projects will be RES CHED ULED. January 30, 2001 -14- Item XII AD JO URNMENT ITEM # 4 7689 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl's SPECIAL FORMAL SESSION ADJOURNED at 6 10 P M Chief Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor City of Vtrgtnta Beach Vtrgtnta January 30, 2001 City of Virginia MEYERA E OBERNDORF MAYOR MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 427-4581 FAX (757) 426-5669 moberndo@cdy v~rg~ma-beach va us January 29, 2001 THE HONORABLE MEMBERS OF CITY COUNCIL In accordance wtth the Ctty Charter, Section 3 06, the Vtrgtnta Beach Ctty Code, and by the authortty vested tn me as Mayor of the City of Vtrgtma Beach, I hereby call a SPECIAL FORMAL SESSION of the IqRGINIA BEA CH CITY COUNCIL to dtscuss Lotus Creek/Ferrell Parkway on Tuesday, January 30, 2001, at 3 O0 P M tn the Czty Counczl Conference Room, Ctty Hall Bmldtng, 2401 Courthouse Drive There will be a CLOSED SESSION for the purpose of constdertng a Lotus Creek/Ferrell Parkway b Sportsplex Ctty Counctl wtll also conduct the regularly scheduled and adverttsed Workshop at 4 O0 - 6 O0 P M tn the Conference Room re b City Counctl Pohctes and Major ProJects Sincerely, Mayor Vtrgtnta Beach Ctt¥ Council Councilman Ltnwood 0 Branch, III Counctlwoman Margaret L Eure Councilman Wtlham W Harrison, dr Counctlwoman Barbara M Henley Counctlman Louts R Jones Counctlman Robert C Mandtgo, Jr Counctlwoman Reba S McClanan Counctlwoman Nancy K Parker Vtce Mayor Wtlham D Sessoms Counctlwoman Rosemary Wtlson Received Nottce Proud Reczpzent of the 1998 U S Senate Medallion of Excellence for Productzmty and Quahty zn the Pubhc Sector. City of Virginia Beach MEYERA E OBERNDORF MAYOR MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 427-4581 FAX (757) 426-5669 moberndo@c~ty v~rgm~a-beach va us January 29, 2001 THE HONORABLE MEMBERS OF CITY CO UNCIL In accordance with the City Charter, Section 3 06, the Vtrglnta Beach City Code, and by the authortty vested tn me as Mayor of the City of Vtrgtnta Beach, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA I~EA CH CITY CO UNCIL to discuss Lotus Creek/Ferrell Parkway on Tuesday, January 30, 2001, at 3 O0 P M tn the Ctty Counctl Conference Room, Ctty Hall Butldzng, 2401 Courthouse Drive There wall be a CLOSED SESSION for the purpose of constdertng a Lotus Creek/Ferrell Parkway b Sportsplex Ctty Counctl wtll also conduct the regularly scheduled and adverttsed Workshop at 4 00- 6 O0 P M zn the Conference Room re a Ctty Counctl Pohctes and Major ProJects cc Mayor and Members of C~ty Councd Leshe L Ltlley, Ctty Attorney Ruth Hodges Smtth, MMC, City Clerk C Oral Lambert, Jr, Chief Operattng Officer Davtd Sulhvan - Chtef lnformatton Officer Diane Roche, Asszstant to the City Manager for Communtcattons and Medta Relattons Gwen Cowart, Director- COMIT Sincerely, M~rf Mayor Proud Recipient of the 1998 U S Senate Medalhon of Excellence for Productzwty and Quahty zn the Public Sector.