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HomeMy WebLinkAboutJUNE 5, 2001 MINUTESCit, 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. 11I, Beach -Dtstrtct 6 MARGARET L EURE, Centervdle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct $ BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 ROBERT C MANDIGO, JR. Kempsvtile -Dtstnct 2 NANCY K PARKER, At-Large ROSEMARY WII~ON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEE City Attorney RUTH HODGES-SMITH, MMC, Ctty 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 Ct)cncl@ctt) vtrgtnta-bea~h va u~ June 5, 2001 I. CITY COUNCIL BRIEFINGS - Conference Room - 2:00 PM Ao Bo TOWN CENTER DEVELOPMENT Councilwoman Reba S. McClanan and Councilman Louis R. Jones REDISTRICTING PROCESS SCHEDULE Leslie L. Lilley, City Attorney II. CITY MANAGER'S BRIEFINGS A° Bo PRINCESS ANNE COMMONS' ATHLETIC VILLAGE Sara L. Hensley, Director, Department of Parks and Recreation HAMPTON ROADS TRANSPORTATION DISTRICT COMMISSION (HRT) FINANCES Steven T. Thompson, Chief Financial Officer Ill. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Frances Cooper Courthouse Community United Methodist Church 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. INFORMAL & FORMAL SESSIONS May 22, 2001 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and constdered tn the or&nary course of busmess by City Council to be enacted by one motion. H. ORDINANCES 1. Ordinances to AMEND the City Code: a. §23-51 re Tattooing and Tattooing Parlors b. §23.53.1 re Body Piercing , Ordinance to AUTHORIZE temporary encroachments into a portion of the City's right- of-way known as Lynnhaven Drive at 2149 Vista Circle by VISTA CIRCLE ASSOCIATES re constructing and maintaining a 4' ornamental fence, brick column and subdivision identification sign (DISTRICT 5 - LYNNHAVEN). , Ordinance to ACCEPT and APPROPRIATE $60,030 in federal funds, $306,485 in state funds and $19,700 from the Southeastern Community Services Boards Family project; APPROPRIATE $52,000 in deferred revenue from the state and $22,280 from the Mental Retardation Gift Fund's fund balance to the FY 2000-01 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re supporting MHMRSA programs; and, estimated revenue be adjusted accordingly. 4. Tax Refunds: $28,385.04 PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. o Application of KENNETH A. HALL and S&S ENTERPRISES for the discontinuance, closure and abandonment of the following streets: (DISTRICT 3 - ROSE HALL) a. Second Street: (i) beginning at the western boundary of Butternut Lane eastward to the western boundary of Spruce Street (2) beginning at the eastern boundary of Spruce Street eastward to the western boundary of Pine Street bo Spruce Street: beginning south of Bonney Road southward to the northern boundary oflo264. AND, Application of TIDEWATER IMPORTS, INC. - HALL AUTO WORLD BODY SHOP for a Conditional Use Permit for an automobile repair facility at the southeast corner of Butternut Lane and unimproved Second Street (DISTRICT 3 - ROSE HALL) Deferred Indefinitely: Deferred: October 24, 2000 May 22, 2001 J, APPOINTMENTS ARTS AND HUMANITIES COMMISSION COMMUNITY SERVICES BOARD (CSB) OPEN SPACE SUBCOMMITTEE PARKS AND RECREATION COMMISSION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) 06/01/01BAP AGENDA\06-05-01.PLN www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rg~n~a June 5, 2001 Mayor Meyera E Oberndorf called to order the CITY COUNCIL BRIEFING re TOgVN CENTER DEVELOPMENT tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, June 5, 2001, at200PM Council Members Present Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Wtlham D Sessoms, dr Counctl Members Absent Wtlham W Harrtson, dr [Entered 2 20 P M] Rosemary Wtlson [Entered 2 05 P M] -2- CITY CO UNCIL BRIEFING TO WN CENTER DEVELOPMENT 2:00 P.M. ITEM # ITEM ~d8221 Mayor Oberndorf recogmzed Councd Members Reba S McClanan and Louts R Jones, Ltatsons to the Town Center Development, who tntroduced Louts S Haddad Prestdent and CEO as well as Dan Hoffler - Chatrman of the Board - Armada Hoffler Several members of thetr orgamzatton are also tn attendance Louts Haddad &splayed an dlustratton of the Town Center supertmposed over an aertal photograph of the Ctty, whtch deptcts the scale of the ProJect The Development Agreement was stgned tn February 2000, and the property closed tn June wtth constructton commenctng toward the end of the Summer Now, the foundatton of the office tower and several stortes of the parktng garage have been completed Currently, thtsphase ts tracktngfor an August dehvery The tenants of the tower have been nottfied to expect to occupy thetr offices September Ftrst The ortgtnal conceptton was the project would entad approxtmately $42-MILLION tn prtvate tnvestment wtth $15-MILLION tnvested by the Ctty tn the parktng garage Based upon response and opportumty to accomphsh more tn Phase I, the current construction budget for the office tower ts $51.5-MILLION with the garage at approxtmately $22.5-MILLION Both of these budgets are sattsfactordy progresstng Wtth the addttton of the Ctty's lease and Armada Ho,frier movtng to the facthty, the officer tower ts approxtmately 70% leased Thts ts a tremendous accomphshment In twenty years of development, Armada Hoffler has not had thts leastng capactty at thts stage of constructton Phase I ts prtmardy relocatton and expanstons of extstmg bustnesses The total retatl and office space ts approxtmately 343,000 square feet The base space ts tn a state of flux The Ctty ts not aware of how much retad versus office wdl be involved The retaders all requtre co-tenancy tn other blocks Thts ts a Class "A "project wtth a Class "A "salesman, Gerald Dtvarts, who promotes both the Ctty and the Town Center Development Mr Haddad recogmzed Burrell Saunders, a nattonal class Archttect The Amended agreement enhanced and enlarged the parktng garage A commttment was made to construct a Renaissance Hotel in Phase I or an additional block of retail wtth parktng spaces tn the garage Shortly after, the economtc slowdown hit hard and one of the first thtngs that went was hotel financtng Therefore, the project was very difficult as has been stated Bastcally three opttons rematned (1) accept lower quahty flag hotel (2) watt for the conventtonal markets to return or (3) negottate wtth firms who are not so dependent upon the tradtttonal markets for cash The thtrd optton was chosen and Town Center Assoctates ts negottattng wtth Crestline Capital of }Fall Street Cresthne operates hotels and manages several thousand hotel rooms across the natron Thetr capabthttes tnclude Marrtott Renatssance, Hdton and Hyatt Cresthne ts currently favortng a Hdton (bouttque type hotel) as opposed to a Martott A deal ts expected to be consummated wtthtn the next thtrty to forty-five days City Councd wdl be advtsed by the deadhne (or prior) whether a hotel or an ad&ttonal block of retad wdl be constructed Mr Haddad advised there are three factors relative development of the next three blocks of the Town Center Right deal Make sure the proper vtston for development of the Town Center ts matntatned Sequence ProJect must be budt from the core out Bastcally, thts tter of retatlers and restaurants are not gotng to populate the construction stte ProJects must be developed tn concert so there ts a "constructton site"for an extended period of ttme TIF (Tax Increment Financing) The TIF funds are betng treated as an amount of money, and must be carefully expended All of the parktng spaces can not be developed tn the configuration of the Phase I Parktng Spaces Thts Phase I Parktng Garage ts very complex and expenstve The spaces are approxtmately $18,000 each As necessary as the Parking Garage ts for thts Phase, tf the development was to conttnue at thts pace. then TIF funds would be depleted before the culmtnatton of the project The Town Center Associates ts examtmng lower cost parking spaces to conserve funds June 5, 2001 -3- CITY COUNCIL BRIEFING TOWN CENTER DEVELOPMENT ITEM # 48221 (Continued) The developers may be able to "break ground" on the rematnder of Town Center by the first quarter of next year (5 or 6years earher than prevtously anttctpated) The developers are tnvolved wtth approxtmately 70 upscale retailers, none larger than 20,000 square feet and all the way down to 1,000 square feet Approxtmately thirty-five (35) retailers have approved the stte for thts locaton, whtch encompasses about 2, 000 square feet of retad Because an unanchored Center exists (without a large 200, 000 department store tn the mtddle of the Center), the restdents tnstst upon a critical mass Wtth letters of tntent and leases, the developers are negottattng Year 2003 openings for all three of the lots on the retad stde Mr Haddad beheves wtthtn the next ntnety (90) days there wdl be enough leases to make the crtttcal mass Mr Haddad referenced the twin office tower, whtch he had prevtously stated was not tntended to be a duphcate of the same project and wtshed thts site reserved for a headquarters facthty The developers have been co-ordtnattng wtth Economtc Development to work toward a corporate headquarters for that second office buddtng The developers are very close to consummattng a deal for up-scale luxury apartments, whtch had ortgmally been concetved for Phase 3 The developers wtll have about 50,000 square feet of retad around the lower level, wtth four stortes of apartments (French quarter style) and another 130 or so untts tn a htgh rise apartment tower This would encompass approximately $45-MILLION investment The rent on these apartments wtll be approxtmately 20%, exceedtng others tn Hampton Roads The other blocks could be servtced by a 2,000 -car "MacArthur Center" type garage, whtch would decrease constructton cost The concept of the other block ts a two-story retail block with entertainment There are not many retaders who wtsh to be on the second floor of an open atr facthty There wtll be approxtmately 75,000 square feet of retail on the ground floor. A Performing Arts Center was suggested as part ofthefacthty Research was conducted concerntng thts concept It appears, an 800-seat theater could be butlt Thts could create the begtnntng of a theater district wtth access to restaurants, other retatl and entertatnment usages, parking and pedestrtan frtendly acttvtty Relattve dtscusstons, the Arts Communtty envtstons a home base, not only where art ts performed but created on a full time basts The facthty could be constructed by the end of Year 2003, whtch would allow those groups presently utthztng the Pavdton to move right tn and not miss seasons of entertatnment If the Ctty wtshes to accept the opportuntty to estabhsh a Performing Arts Center tn concert wtth the Town Center, then the developers must move expechttously These projects entad 6 months to destgn and a mtntmum of 15 to 16 months to construct Therefore, plans must be underway by the first quarter of next year Mr Haddad suggested a consultant be htred to perform a site evaluation to verify the developer's findtngs Mr Haddad advtsed, as a result of dtscusstons wtth archttects, the lowest quote ts $10, O00per seat (essenttally a htgh school audttortum) wtth the htghest bemg $35,000 per seat Mr Haddad beheves the Performtng Arts Center would be tn the $20,000 seat range for an upgrade to the present Pavthon Thts would not entad the site acqutsttton, parktng and destgn costs Dan Hoffler, Chatrman- Armada Hoffler, advtsed thetr excttement relattve movtng thetr corporate headquarters to Vtrgmta Beach Armada Hoffler encompasses over $1/2-BILLION in business The Town Center is their premier project in the Hampton Roads area Correspondence from the Arts Groups tn support of a Performtng Arts Center were dtstrtbuted to the Ctty Manager The Ctty Manager shall provtde tnformatton relattve a consultant to perform a feastbthty study and an operating budget for the Performing Arts Center tn this particular location June 5, 2001 -4- CITY COUNCIL BRIEFING REDISTRICTING PROCESS SCHEDULE 3:35 P.M. ITEM # 48222 Leshe L Ltlley, Ctty Attorney, based on dtscusstons with Ktmball Brace, Prestdent of Election Data Servtces(EDS), submttted for Ctty Counctl's constderatton PROPOSED REDISTRICTING TIMETABLE June 2001 June 15 June 2 7 and 28 July 2001 July 17 and 18 July 17 - Evening September 2001 September 5, 6, 12 and 13 October 2001 October 2 and 9 October 22 November 2001 November 1, 2001 Redistricting information web page operational EDS meets with individual City Council Members at prearranged times to review census data and demonstrate redistricting capabilities. During June, City mails redistricting information and notices to civic groups and other community groups. EDS meets with leaders and representatives of known communities of interest, as well as Council Members unable to attend June 2 7 and 28 meetings. Staff conducts public briefing on redistricting generally and to collect information about communities of interest. Public hearings on redistricting and proposed plans conducted. During September, EDS provides limited plan modeling assistance; EDS also provides redistricting consulting services, including analysis of plans Public hearings on proposed plans. City Council votes on proposed plan, preparation of Department of Justice submission occurs. Submit plan to U.S. Department of Justice for pre-clearance under Voring Rights Act (Justice Department has 60 days to review) Should Ctty Council destre, Pubhc Hearings tn September couM be hem at vartous locattons Mr Ltlley advised the July 17, 200I, Pubhc Briefing by staff does not need to be held tn the City Council Chamber It can be held at another locatton This schedule may be adjusted as per Ctty Counctl's dtrectton Mayor Oberndorf referenced an arttcle tn the Rtchmond Ttmes Dtspatch concermng the Rtchmond Mayor and Members of Ctty Counctl constdertng swttchtng the May electrons tn 2002 to November, based upon the fact that tn 1994, only 17% of Richmond regtstered voters cast ballots The Ctty Attorney advtsed the percentage of ctttzens vottng tn I?trgtnta Beach's May electrons wtll be examtned and stattsttcs presented Further tnformatton concerntng t. f and when Rtchmond allows the electron dates to be amended wtll be provtded All tnformatton will also be forwarded to the School Board The Board of Supervtsors of the larger counttes t e Fatrfax have thetr electrons tn November June 5, 2001 -5- CITY MANA GER 'S BRIEFING PRINCESS ANNE COMMONS' ATHLETIC VILLA GE 3:54 P.M. ITEM # 48223 The Ctty Manager noted the accomphshments of the Princess Anne Commons: Sportsplex USFHA/City of Virginia Beach Field Hockey TPC Expansion/First Tee Hampton Roads Soccer Council Landstown High School Amphitheater Higher Education Center Advanced Technology Center New landscape services facility Green Run Little League site Sara Hensley, Dtrector, Department of Parks and Recreatton, expressed apprectatton to the members of a great Team Jack Whttney- Agrtculture Karen Prochtlo -Planntng, Pete Hangen - Parks and Recreatton Jay Smtth- Parks and Recreatton Buddy Wheeler andRon Kuhlman -Conventton and Vtsttor Development Steve Johnson - Facthtator, and, Pam Matthtas - Recorder Sara advtsed the "Athletic Venues Work Group "was guided by the Princess Anne Commons Task Force to address opportuntttes for athletic venues wtthtn Princess Anne Commons The Athletic Venues Work Group found that opportuntttes abound for continued successful development of an integrated, multt-faceted Athletic Village tn Princess Anne Commons. The Challenge To move to the next level of design To create a dynamtc coor&nated plan along wtth a management plan to tmplement tt To estabhsh a markettng arm for the area as a whole Jack Whttney, Rural Commumty Coordtnator- Agrtculture, and Karen Prochtlo, Planmng, referenced the current reahty constderattons utthzed tn the preparation of the Pohcy Report for the Princess Anne Commons Athletic Village These are htghhghted tn Appen&x A and grouped tnto seven major categortes Public Perception Pubhc perception of Prtncess Anne Commons ts mtxed Lack of estabhshed tdenttty Pubhc places a very htgh value on Prtncess Anne Park Sportsplex ts seen as having unfulfilled potenttal Infrastructure Extsttng and planned tnfrastructure does not foster, nor does tt tnhtbtt development and actuahzatton of a untfied plan Currently, the area ts not destgned nor located tn a way that would accommodate a "major" athlettc complex or venue (Dam Neck/Elbow Roads are not connected Constructton for thts project ts planned for Sprtng 2005 West Neck Parkway ts the "sptne" to support the venues The Prtncess Anne Road Phase II constructton ts planned to commence January 2005 The Southeastern Parkway tn the future wtll transfix thts area tmmedtately to the south) June 5, 2001 -6- CITY MANA GER 'S BRIEFING PRINCESS ANNE COMMONS' ATHLETIC VILLA GE ITEM # 48223 (Continued) Budget/Finance Impacts Improved Program Coordtnatton- Revenue current and future CIP projects tn thts area for better coordmatton/ttmtng Techntcal Services - May requtre consultant for aesthettcs, envtronmental and streetscape issues Operattng Budget Increased matntenance costs Marketing Create a comprehenstve markettng planfor the enttre Prtncess Anne Commons area The markettng plan package wtll fosterjotnt events, opportuntttes and facthtate recruttment of htgh quahty uses Planning/Land Use Currently planmng efforts must be coordtnated Athlettc Venue/Vdlage Prtncess Anne Commons Transttton Area Take proacttve vs reacttve approach to creattng a dynamtc plan Current separatton of pubhc and prtvate ventures affect and compromtse opportuntttes for the commons as a whole Economic Impacts Stgntficant postttve tmpact on property values of netghbortng areas Conttnued loss of bustness revenue and market share to other commumttes if we do not mcrease ath[ettc facthttes and better coordinate efforts Return on tnvestment ts not always measured monetartly Impacts and Influences were retterated Sportsplex USFHA/City of Virginia Beach Field Hockey New Princess Anne Park Ballfikels TPC Expansion/First Tee Hampton Roads Soccer Council Landstown High School Amphitheater Transition Area Farmers Market Higher Education Center Advanced Technology Center Landscape Services Facility Green Run Little League Site Future Road Projects Pending Rezonings dune 5, 2001 -7- CITY MANA GER 'S BRIEFING PRINCESS ANNE COMMONS' ATHLETIC VILLAGE ITEM # 48223 (Continued) Public Involvement Plan Informattonal Meettngs Charettes Focus Group Experts to asstst tn detathng Inclustve process for refinement Pubhcatton of final document Offictal Endorsement Sara Hensley ctted the Recommendations/Action Plan and the Initial Project Review Process. General Athletic Village Plan Contmue current effort to offictally address development proposals Follow process flow chart Use prehmtnary goals/destgn crtterta unttl permanent ones estabhshed Ctty Departments provtde representation to create Comprehenstve marketing plan Mechamsm for pubhc tnvolvement Major Points Summary (Where Do We Go From Here?) Need Dtrectton from Ctty Council to Proceed wtth Vtllage Planmng Goals and Destgn Standards Pubhc Involvement Plan Intttal ProJect Review Process Athlettc Vtllage Master Plan Comprehenstve Markettng Plan It ts hoped to create a cost neutral effect Thts ts a general vtston of thts approximate 2,000 acres of property Princess Anne Commons ts destgned to be the center of the City for the ctttzens June 5, 2001 -8- CITY MANA GER 'S BRIEFING HAMPTON ROADS TRANSPORTATION DISTRICT COMMISSION (HRT) FINANCES 4:48 P.M. ITEM # 48224 Steven T Thompson, Chtef Ftnanctal Officer, advtsed Hampton Roads Transff (HRT) conttnues to change tn this area For some time, the City has been expecting HR T to undergo a comprehenstve analysts of routes and operational issues to help guide this change The low rtdershtp and route planntng wtll be resolved through the Comprehenstve analysts Other ctttes tn Hampton Roads are addresstng thts tssue through a sertes of Pubhc Heartngs re route changes and ehmtnattons Dale Castellow, Transportatton Planmng Co-Ordtnator, provtded an update on Vtrgtnta Beach's annual substdy to Hampton Roads Transit (HRT) The City purchases trolley, bus, MaxtRtde, vanpool and paratranstt servtcs from HR T on an annual basts ANNUAL SUBSIDY TO HAMPTON ROADS TRANSIT Current Ftscal year 2001 Counctl Approprtatton $1 &MILLION Unearned Income (estimated) $ 630, 000 Total Subsidy $ 2 43-MILLION HR T Servtce Program $ 2 23-MILLION Upcomtng Ftscal Year 2002 Councl Aproprtatton $1 &MILLION Unearned Income (esttmated) ? ~ ? ~ Total Substdy $1 8-MILLION HRT Servtce Program $2 31 Percent Increase 3 6% The fiscal year for HRT ts October 1 through September 30 As a result, there ts always a lag between budgettngfor the Ctty (whtch has a July through dune fiscal year) and HRT. Thts provtdes an opportuntty for HRT to adjust to the Ctty's budget, but can also create some accounttng confuston The "Unearned Income" represents city dollars that have not spent by HRT It accrues when actual fare revenues exceed budget esttmates or when actual expenses are below budget In the past, thts account prowded each ctty wtth flextbthty tn budgettng stnce tt could be carrted forward from year to year and used to reduce the amount the Ctty would need to tnclude tn tts annual substdy It has also been used to payfor unanttctpated transtt expenses that occurred durtng the year, such as extra trolley servtce In Vtrgtnta Beach the unearned income account has fluctuated between $250,000 and $$00,000. Because of proposed adjustments tn the "Worktng Capttal" formula, unearned income was expected to exceed $500,000 durtng thts fiscal year Because "unearned income" for Vtrgtnta Beach may not be avatlable to offset costs for the first ttme tn many years, Vtrgtnta Beach may have to etther absorb the full amount of the tncrease, wtth negattve budgetary impacts, or examine other alternattves Mr Castellow outhned several short-term approaches betng pursued by HRT and Vtrgtnta Beach HRT has promtsed to have thetr Audttors examtne thetr books closely to provtde an explanatton as to the dtsappearance of thts "unearned tncome" Revtew of Vtrgtnta Beach routes to determtne whtch, tf any, can be modtfied or ehmtnated to reduce costs Some reductton tn servtce ts ltkely as a result of acttons by the City of Chesapeake, whtch ts preparmg to ehmtnate routes, some of which connect to Virginia Beach (Greenbrier routes) Explore other opttons tf necessary June 5, 2001 -9- CITY MANA GER 'S BRIEFING HAMPTON ROADS TRANSPOR TA TION DISTRICT COMMISSION (HR T) FINANCES ITEM # 48224 (Continued) Longer-term soluttons are expected when the Comprehensive Operations Analysis (COA) ts completed by HRT tn January 2002 The COA ts destgned to revtew HRT's current operatton and servtce structure The study will examtne commumty and transtt system charactertsttcs, perform a market analysts, conduct a restdent survey, analyze the extsttng route structure, analyze current passenger acttvtty by route, and arrange meettngs wtth the pubhc, drtvers and government offictals The consultants wtll analyze the collected tnformatton and develop the followtng products Performance and servtce standards An analysts of the adequacy of servtce A peer group analysts A revtew of the managementprocess, operattons, matntenance, marketing an pubhc relattons Recommended structural and servtce tmprovements A descrtptton of operations and servtce alternattves tncludtng current and proposed bus route ahgnment Development of a financtal plan Mr Castellow advtsed the consultant, Urbttran, ts a nattonal transtt firm tn Massachusetts Mr Castellow shall provtde tnformatton relative the cost of the consulttngfirm Approxtmately 1900 restdents are utthztng the paratransit system and approxtmately 700 hve outside the optton area The majortty of the riders hve tn the ADA federally requtred area, however the majortty of the budget serves the ctttzens tn the opttonal area The substdyfor trtps ts approxtmately $15 O0 June 5, 2001 -lO- AGENDA RE VIEW SESSION 5:12 P.M. ITEM # 48225 H 10rdtnances to AMEND the Ctty Code a j}'23-51 re Tattooing and Tattooing Parlors b 3'23 53 1 re Body Piercing Vtce Mayor Sessoms advtsed there wtll be ctttzens regtstered to speak Thts ttem wtll be chscussed durtng the Formal Sesston The Ctty Attorney advtsed Attorney's for the Tatooing and Body Piercing parlors have requested DEFERRAL ITEM # 48226 B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA: ORDINANCES H2 H3 Ordtnance to A UTHORIZE temporary encroachments tnto a portton of the Ctty's rtght-of-way known as Lynnhaven Drive at 2149 Vtsta Ctrcle by VISTA CIRCLE ASSOCIATES re constructtng and matntatntng a 4' ornamental fence, brtck column and subdtvtston tdenttficatton stgn (DISTRICT 5 - L YNNHA VEN) Orchnance to ACCEPT and APPROPRIATE $60,030 tn federal funds, $306, 485 tn state funds and $19, 700from the Southeastern Commumty Servtces Board's Famtly proJect, APPROPRIATE $52,000 tn deferred revenue from the state and $22,280 from the Mental Retardatton Gtft Fund's fund balance to the FY 2000-01 Operattng Budget of the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re supporttng MHMRSA programs, and, esttmated revenue be adjusted accordtngly H 4 Tax Refunds: $28,385.04 June 5, 2001 -11- CITY COUNCIL COMMENTS 5:14 P.M. ITEM # 4822 7 Counctl Members comphmented the Ctty Manager concerntng the new carpet in the City Council Conference Room Mayor Oberndorf advtsed new drapes wtll comphment the carpet The Ctty Manager advtsed after thirty-two (32) years, the areas tn Ctty Hall are betng re-carpeted wtth the work accomphshed over the weekends Thts will ehmtnate dtsruptton of servtce to ctttzen ITEM # 48228 Counctl Lady Wtlson referenced the correspondence from the Ttdewater Budders Assoctatton addresstng the flood platn regulattons and requestmg the formatton ora Task Force The Ctty Manager has requested Robert Scott, Dtrector of Planmng and Stephen Whtte, Planntng, to prepare an analysts and recommendatton Informatton will be provtded to the Ctty Counctl on June 12, 2001 June 5, 2001 - 12- ITEM # 48230 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, June 5, 2001, at 5 16 PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr, and Rosemary Wtlson Counctl Members Absent None June 5, 2001 - 13- ITEM # 48231 Mayor Oberndorf entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followtng purpose PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotion, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Boards and Commtsstons Arts and Humantttes Commtsston Communtty Servtces Board Open Space Commtttee Parks and Recreation Commtsston PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real propertyfor a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meetmg would adversely affect the bargatmngposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) To-Wtt Street Closure - Rose Hall Dtstrtct Acqutsttton of Property -Prtncess Anne Dtstrtct LEGAL MATTERS Consultatton wtth legal counsel or briefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) To-l/Ftt Andera Kdmer and Frtends of Ferrell Parkway, L L C v Ctty of Vtrgtnta Beach, et al Upon motion by Vtce Mayor Sessoms, seconded by Councdman Man&go, Ctty Councd voted to proceed tnto CLOSED SESSION. Vottng 11-0 Councd 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, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr, and Rosemary Wdson Council Members Vottng Nay None Councd Members Absent None (Time of Closed Session: 5:16 P.M. to 6:10 P.M.) June 5, 2001 - 14- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL June 5, 2001 6:12 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Buddmg, on Tuesday, June 5, 2001, at 6 12 P M Counctl Members Present 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, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr, and Rosemary Wdson Counctl Members Absent None INVOCATION Reverend Frances Cooper Courthouse Community Umted Methochst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn hts capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcaaon that may come before Ctty Counctl Vtce Mayor Sessoms' letter of January 2, 2001, ts hereby made a part of the record June 5, 2001 Item VI-E - 15- CER TIFICA TION OF CLOSED SESSION ITEM # 48232 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convening the Closed Sesston were heard, chscussed or considered by Vtrgmta Beach Ctty Counctl Vottng 11-0 Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None June 5, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote ~ecorded in ITEM # 48231, page 13, 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. ~uffi Hodges Smith, MMC City Clerk June 5, 2001 Item VI-F. 1. -16- MINUTES ITEM # 48233 Upon motion by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAl, SESSIONS of May 22, 2001. Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Abstatntng Wtlham W Harrtson, Jr Council Members Absent None Counctlman Harrtson ABSTAINED as he was not tn attendance durtng the Ctty Counctl Sesston of May 22,2001 June 5, 2001 -17- Item VI-G 1 ADOPT AGENDA FOR FORMAL SESSION ITEM # 48234 B Y CONSENSUS, Ctty Councd ADOPTED: AGENDA FOR THE FORMAL SESSION June 5, 2001 Item VI-G.2. - 18- RECOGNITION ITEM # 48235 Mayor Oberndorf RECOGNIZED the followtng Boy Scouts tn attendance to earn thetr Citizenship in the Community Badges. TROOP 902 Mike McCoy Leader Ben Kraemer John McCoy Ben Kraemer ts the son of Staff Sergeant Paul Kraemer Sergeant Kraemer was a member of the 203ra Red Horse Flight of the Virginia Air National Guard, and was ktlled on March 3, 2001 when the Red Horse squadron's C-23 Sherpa Transport plane crashed tn Unadtlla, Georgta en route to Naval .~tr Statton Oceana June 5, 2001 - 19- Item VI-H. ORDINANCES ITEM #48~36 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED IN ONE MOTION, Ordtnances 2, 3 and 4 of the CONSENTAGENDA. Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr. Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, dr Counctl Members Vottng Nay None Counctl Members Absent None June 5, 2001 - 20 - Item VI-H.l. afo ORDINANCES ITEM # 4823 7 Akeysha Smtth, 209 Woodstock Street, Portsmouth, Phone 391-0472, shared her expertence Attorney Bryan Plumlee, represented Ocean Mysttque, 1812 Atlanttc Avenue, Phone 518-5615, requested DEFERRAL for thirty days Upon motton by Vice Mayor Sessoms, seconded by Counctlman Harrison, Ctty Counctl ADOPTED, AS AMENDED, to be effective 5 June 2001: Ordtnances to AMEND the Ctty Code a 3923-51 re Tattooing and Tattooing Parlors b 3923 53 1 re Body Piercing Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wdham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent None June 5, 2001 AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO TATTOOING AND TATTOO PARLORS SECTION AMENDED: 23-51 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA' That Section 23-51 of the City Code be amended and reordained by adding subsection (f) (19) to read as follows' 10 Sec. 23-51. Tattooing and tattoo parlors. 12 13 (f) Every tattoo artist and tattoo operator shall at all times comply with the following requirements- 15 16 17 18 19 (19) No tattoo artist or tattoo operator shall tattoo the genitals, pubic area, or buttocks of any member of the opposite sex, nor shall any male tattoo artist or male tattoo operator tattoo the breasts of any female. 20 BE IT FURTHER ORDAINED: 21 That this ordinance shall be effective from the date of 22 its adoption. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of June, 2001 CA-8144 DATA\ATY\ORDIN\PROPOSED\23-051(f) (19)ord.wpd R3 June 6, 2001 10 11 AN ORDINANCE TO AMEND SECTION 23- 53.1 OF THE CITY CODE PERTAINING TO BODY PIERCING SECTION AMENDED' 23-53.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 23-53.1 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained by adding subsection (f) (18) to read as follows- 12 13 14 15 16 17 18 20 21 22 23 24 25 Sec. 23-53.1 Body piercing. · . . (f) Every body piercer and body piercing operator shall at all times comply with the following requirements- (18) No body piercer shall body pierce the genitals, pubic area, or buttocks of any member of the opposite sex, nor shall any male body piercer pierce the breasts of any female. BE IT FURTHER ORDAINED: That while previous amendments to City Code Section 23-53.1, adopted by City Council in Ordinance 2626 on April 24, 2001, have an effective date of July 1, 2001, this amendment shall be effective from the date of its adoption. 26 27 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th day of June, 2001. CA8145 DATA/ORDIN/PROPOSED/23-053-1 (f) (18).ord.wpd June 6, 2001 R2 Item VI-H. 2. - 21 - ORDINANCES ITEM # 48238 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Ordtnance to AUTHORIZE temporary encroachments tnto a portion of the Ctty's right-of-way known as Lynnhaven Drtve at 2149 Vtsta Circle by VISTA CIRCLE ASSOCIATES re constructing and matntatmng a 4' ornamental fence, brtck column and subdtvtston tdenttficatton stgn (DISTRICT 5 - L YNNHA VEN) The followtng conchttons shall be reqmred It ts understood that the encroachment wtll be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnta Beach, and tn accordance with the Ctty of Vtrgtnta Beach Pubhc Works Department's spectficattons and approval as to stze, ahgnment and locatton The encroachment heretn authortzed shall termtnate upon nottce by the City of Vtrgtnta Beach to the Grantee, and that wtthtn thtrty (30) days after such notice ts gtven, such temporary encroachment shall be removed from the Ctty's rtght-of-way, known as Lynnhaven Drtve, by the Grantee, and, that the Grantee shall bear all costs and expenses of such removal The Grantee shall tndemmfy and hoM harmless the City of Vtrgtma Beach, its agents and employees, from and against all clatms, damages, losses and expenses tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of such encroachment Nothtng heretn contatned shall be construed to enlarge such permtsston and authortty to permtt the maintenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the Grantee The Grantee agrees to matntatn satd encroachment so as not to become unsightly or a hazard The Grantee must submtt and have approved a traffic control plan before commenctng work tn the City's right-of-way The Grantee agrees that no open cut of the pubhc roadway shall be allowed, except under extreme ctrcumstances Such excepttons shall be submttted to the Highway Dtvtston, Department of Pubhc Works, for final approval The Grantee must obtatn apermtt from the Development Servtces Center prtor to commenctng any constructton wtthtn the Ctty's rtght-of-way Prtor to tssuance of a Htghway permtt, the Grantee must post a Performance Bond tn an amount to be set by the Development Servtces Center .June 5, 2001 - 22 - Item VI-H. 2. ORDINANCES ITEM # 48238 (Continued) 10 The Grantee shall obtatn and keep tn force all rtsk property tnsurance and general habthty or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as ad&ttonal named insured or loss payee, as apphcable The Grantee also agrees to carry Comprehenstve General Ltabthty Insurance tn an amount not less than $500,000 combmed stngle hmtts of such tnsurance pohcy or pohctes The Grantee wtll provtde endorsements provt&ng at least thtrty (30) days wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurance pohctes The Grantee assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the encroachment 11 The encroachtng sub&vtston stgn shall not exceed thtrty-two (32) square feet per face, shall not exceed two (2)faces, shall not exceed stx (6)feet above the natural grade at the curb, and landscaping shall be approved by the Landscape Servtces Dtvtston of the Department of General Servtces Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent None June 5, 2001 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF LYNNHAVEN DRIVE BY VISTA CIRCLE ASSOCIATES, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, VISTA CIRCLE ASSOCIATES, desire to construct and maintain 10 a 4' ornamental fence, brick column and subdivision identification sign into the City's right- of-way known as Lynnhaven Drive 12 WHEREAS, City Council is authorized pursuant to §§ 15 2-2009 and 15 2- 07, Code ofVlrgima, 1950, as amended, to authorize a temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 17 That pursuant to the authority and to the extent thereof contained in §§ 15 2- 2009 and 15 2-2107, Code of Virginia, 1950, as amended Vista Circle Associates 19 its/their/his/her heirs, assigns and successors in title is authorized to construct and maintain 20 a temporary encroachment for a 4' ornamental fence, brick column and subdivision 21 identification sign in the Clty's right-of-way as shown on the map entitled "SKETCH OF 22 LESNER COVE CONDOS, FENCE ENCROACHMENT, VIRGINIA BEACH, VIRGINIA 2 3 FOR VISTA CIRCLE ASSOCIATES," a copy ofwhlch 1s on file in the Department of Public 2 zl Works and to which reference 1s made for a more particular description, and 25 BE IT FURTHER ORDAINED, that the temporary encroachments are 26 expressly subject to those terms, conditions and criteria contained in the Agreement between 27 the Clty of Virginia Beach and Vista Circle Associates, (the "Agreement") which is attached 28 hereto and incorporated by reference, and 29 BE IT FURTHER ORDAINED that the Clty Manager or h~s authorized 30 designee 1s hereby authorized to execute the Agreement 31 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 32 such time as Wayne Beagle, member and Howard R Sykes, Jr, Manager for Vista Circle 33 Assocmtes and the Clty Manager or his authorized designee execute the Agreement 34 Adopted by the Council of the Cl~j of Vlrg~ma Beach, V~rg~nia, on the 5th 3 5 day of June ,2001 3 6 CA- fi/2 '7 3 7 PREPARED ldh APP~VED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY A~RM CITY ATTORNEY -'~"~ CHESAPEAKE BAY SITE LYNNHAVEN RIVER LOCATION MAP SCALE: 1" = 1,600' \ \ \ \ \ / I / / \ / i O0 0 / ,._.r'/ / / . ~ ~LOCATION MAP FOR PROPOSED ENCROACHME INTO NAG PORTIO EXIST! RiGHT%OF ANIF WAY KNOWN AS LYNNHAVEN DRIVE AT 2149VISTA CIRCLE~ FOR VISTA CIRCLE ASSOCIATES GPIN 1489-98-0323 \ SCALE:I" = 100' (2149 VISTA ClRCLE.DGN) PREPARED BY P/W ENG. DRAFT. 18-APR-2001 LESNEFI COVE CONDOMINIUMS 2.00 6. 00' . O0 W.P. LARGE, Inc. ENGINEERING * SURVEYING · PLANNING * L~'~DSCAPE ARCHITECTURE 242 MUSTANG TRAIL - SUITE 8 VIRGINIA BKACH, VIGIHIA PH, ~(~[~) ,~1-1041 469-141o- SKETCH OF LESNER COVE CONDOS FENCE ENCROACHMENT VIRGINIA BEACH, VIRGINIA FOR VISTA CIRCLE ASSOCIATES JANUARY 25, 2001 SCALE' I"=NTS JN:C98-1815/FNC2 ~~ co, u~s I o. .~ ~ ¢~um~u~ ~/ ~ I" ' O~A~NTAL~ / ~/ ~ P~CEL A ~ x. ~ - (~..- ~, ~ ~o.. ~__, ~ ~ x~' ~ OR 0.8854 ACRES) ~~ cpx~. , ~-~-o~2~ ~. ., . -- I ,~W~'~ I~~ / FENCE ~ ~ ~ I ~ ~ ~' ~ ~ ~' ~~ SOUTHERN PART OF LOTS 1 I~ ~ ~m,~ ~(N) a~o~, ~ ~ ]. - 'ORNAMENTAL ~ ~ ~ ~' ~ '/ ~I CPIN ~ ] ~/ FENCE j G TM ~ ~~ ~ 1489-88-9411 N/~ ~ Il/ j ~ ~ MARTHA M HARNESS, TR Ir ~ ~ ~ (D B 3664, PO 557) 0.90,~~ PRIVACYFENCE ~ .. . . ,, LINE (CI~ ORDINANCE L YNNHA V~N DRI V~ ~ ~' (VARIABLE ~ID~H) (FOR~ERL Y L YNNHA VEN A (VARIABLE R/~) (~.B. 7, PG. 167~C1~ ORDINANCE NO. ORD-2614G) 40 0 40 80 1 20 t, ~ '; ; ~:1 I I I W.P. ~AR~, In~. S~~C~ LESNER COVE CONDOS FENCE ENCROACHMENT VIRGINIA BEACH, VIRGINIA FOR ~s~m~m~. s~~~ VISTA CIRCLE ASSOCIATES ~sc~g ~C~~R~ " I "'°' I ;~ ~%~ ~t-t~t "'-~'~ JANUARY 25, 2001 SC~E: I = JN:C98-1815/FNC2 , 4' ALUI~tlt~kl ORNAi~EN rAL FENCE N/F PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-811(a)(3) AND 58 1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made th,s //~day of ., .~-/~0'~ /¥ /' t , 2001, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a mumc~pal corporation, Grantor, party of the first part, and VISTA CIRCLE ASSOCIATES, L L C, ITS/HIS/THEIR/HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part WITNESSETH That, WHEREAS, the party of the second part ~s the owner of that certain lot, tract, or parcel of land designated and described as "Lots 3, 4, 5 and 6, Block 23, Section F, Lynnhaven Shores, Map Book 7, Page 167" and a strip ofummproved right-of-way known as Lynnhaven Drive acqmred from the C~ty of Virginia Beach through a street closure and being further designated and described as "2149 Vista Circle, V~rg~nia Beach, V~rg~ma 23451 · GPIN 1489-98- 0323" and That, WHEREAS, ~t is proposed by the party of the second part to construct and mmntmn a 4' aluminum ornamental fence, brick column and ~dentffication sign In the City of V~rglnla Beach, and WHEREAS, ~n constructing and malntalmng such fence, brick column and ldentfficat~on sign, ~t Is necessary that the smd party of the second part encroach into a portion of an existing C~ty right-of-way known as Lynnhaven Drive, and said party of the second part has requested that the party of the first part grant a temporary encroachment to GPIN 1489-98-0323 facilitate such fence, brick column and identfficat~on s~gn w~th~n a port~on of the City's right-of- way known as Lynnhaven Drive NOW, THEREFORE, for and ~n consideration of the premises and of the benefits accrmng or to accrue to the party of the second part and for the further consideration of One Dollar ($1 00), in hand prod, to the said party of the first part, receipt of which ~s hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a port~on of the City's right-of-way known as Lynnhaven Drive for the purpose of constructing and mmntaimng such fence, brick column and ~dentfficat~on s~gn It ~s expressly understood and agreed that such temporary encroachment will be constructed and maintmned ~n accordance vath the laws of the Commonwealth of V~rg~nla and the C~ty of V~rg~ma Beach, and ~n accordance w~th the C~ty of V~rg~ma Beach Pubhc Works Department's specfficat~ons and approval as to s~ze, ahgnment and location and ~s more particularly described as follows, to w~t An area of temporary encroachment ~nto a port~on of the City's right- of-way known as Lynnhaven Drive as shown on that certmn plat entitled "SKETCH OF LESNER COVE CONDOS FENCE ENCROACHMENT, VIRGINIA BEACH, VIRGINIA FOR VISTA CIRCLE ASSOCIATES" dated January 25,2001, prepared by W P Large, Inc, a copy of which ~s attached hereto as Exhibit "A" and to which reference ~s made for a more particular description It ~s further expressly understood and agreed that the temporary encroachment here~n authorized shall terminate upon not~ce by the C~ty of V~rg~ma Beach to the party of the second part, and that w~thln thmy (30) days after such notme is g~ven, such temporary encroachment shall be removed from the C~ty's right-of-way known as Lynnhaven Drive by the party of the second part, and that the party of the second part shall bear all costs and expenses of such removal It ts further expressly understood and agreed that the party of the second part shall ~ndemmfy and hold harmless the City of Vlrg~ma Beach, 1ts agents and employees, from and agmnst all claims, damages, losses and expenses including reasonable attorney's fees tn case shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment It ts further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the mmntenance or construction of any encroachment other than that specified here~n and to the hmlted extent specified herein, nor to permit the mmntenance and construction of any encroachment by anyone other than the party of the second part It ts further expressly understood and agreed that the party of the second part agrees to maintmn said temporary encroachment so as not to become unsightly or a hazard. It ts further expressly understood and agreed that the party of the second part must submit and have approved a traffic control plan before commencing work in the City's right-of- way It ts further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances Such exceptions shall be submitted to the Highway Dlmslon, Department of Public Works, for final approval It ts further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction vath~n the City's nght-of-way It ~s further expressly understood and agreed that prior to ~ssuance of a H~ghway permit, the party of the second part must post a Performance Bond ~n an amount to be set by the Development Serwces Center It ~s further expressly understood and agreed that the party of the second part shall obtmn and keep ~n force All R~sk Property Insurance and General L~aNhty or such insurance as is deemed necessary by the party of the first part, and all ~nsurance pohcies must name the party of the first part as additional named ~nsured or loss payee, as apphcable The party of the second part also agrees to carry Comprehensive General L~aNhty Insurance In an amount not less than $500,000 00, comNned s~ngle hmlts of such ~nsurance pohcy or pohc~es The party of the second part wdl prowde endorsements prowd~ng at least thirty (30) days written not,ce to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance pohcies The party of the second part assumes all respons~Nhtles and llaNht~es, vested or contingent, with relation to the temporary encroachment It is further expressly understood and agreed that the encroacNng subdivision mgn shall not exceed thirty-two (32) square feet per face, shall not exceed two (2) faces, shall not exceed s~x (6) feet above the natural grade at the curb, and landscaping shall be approved by the Landscape Serwces D~ws~on of the Department of General Services CORPORATE IN WITNESS WHEREOF, the smd V~sta Circle Associates L L C has caused this Agreement to be executed ~n its corporate name and on ~ts behalf by its manager, Howard R. Sykes, Jr. and a Member, Wayne Beagle Further, that the C~ty of V~rgima Beach has caused tNs Agreement to be executed ~n ~ts name and on ItS behalf by ~ts C~ty Manager and ~ts seal be hereunto affixed and attested by ~ts City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEA[) ATTEST City Clerk Vista Circle Associates L.L C By: ~ Wayn ?7 ,r 'l~d 'R. Sykes, Jr., Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this day of 2001, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER Notary Public My Commission Expires' STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this day of ,2001 , by RUTH HODGES SMITH, C~ty Clerk for the CITY OF VIRGINIA BEACH Notary Public My Commission Expires CITY/C~auln a'Y C,~ '(ct ~w.a_J, ~, to-wit' The foregoing instrument was acknowledged before me this I / day of Member ,2001, by Wayne Beagle, Mana~-on behalf of Vista C~rcle Associates LLC My Comm~smon Expires llc STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t The forego,rig instrument was acknowledged before me this /'~'/¢"day of Aprd, 2001, by Howard R Sykes, Jr, Manager of V~sta C~rcle Associates, L L.C, a V~rg~n~a limited habihty company, on behalf of said hm~ted liabdlty company My commission expires Notary Public APPROVED AS TO LEGAL SUFFICIENCY - 23 - Item VI-H. 3. ORDINANCES ITEM # 48239 Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Or&nance to ACCEPT and APPROPRIATE $60,030 tn federal funds, $306,485 tn state funds and $19, 700from the Southeastern Community Servtces Board's Faintly project, APPROPRIATE $52,000 tn deferred revenue from the state and $22,280 from the Mental Retardatton Gtft Fund's fund balance to the FY 2000-01 Operattng Budget of the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re supporttng MHMRSA programs, and, esttmated revenue be adjusted accordingly Votmg 11-0 (By Consen0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent None June 5, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE ACCEPTING AND APPROPRIATING $60,030 IN FEDER3~L FUNDS, $306,485 IN STATE FUNDS AND $19,700 FROM THE SOUTHEASTERN COMMUNITY SERVICES BOARDS FAMILY PROJECT, AND APPROPRIATING $52,000 IN DEFERRED REVENUE FROM THE STATE AND $22,280 FROM THE MENTAL RETARDATION GIFT FUND'S FUND BALANCE TO THE FY 2000-01 OPERATING BUDGET OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, the Community Services Board ("CSB") has received $60,030 in federal funding that it recommends the City Council appropriate to enhance efforts to reduce youth tobacco use, to provide transportation and educational services for women seeking substance abuse treatment, to provide training or supplies and equipment for the existing HIV Early Intervention Projects, and to implement the Program Outcomes Measurement System; WHEREAS, the CSB has received $306,485 in funding from the Commonwealth of Virginia that it recommends the City Council appropriate to purchase individualized service plans for children and adolescents with Seriously/Emotionally Disturbed disorders; WHEREAS, the CSB has entered into an agreement with the Southeastern Community Services Boards Family Project to receive $19,700 that it recommends the City Council appropriate to provide perinatal treatment for women who are substance addicted or dependent; WHEREAS, the CSB requests that the City Council appropriate an additional $52,000 in deferred revenue from the Commonwealth of Virginia to increase housing opportunities for clients who are mentally ill; and WHEREAS, the CSB also requests that the City Council appropriate an additional $22,280 of fund balance in the Mental Retardation Gift Fund to provide various supplies and equipment to the Respite Center and Nursing Centers and a grant to the Friends of Infant Stimulation to assist its Infant Services Program. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69~ 70 71 72 73 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $60,030 is hereby accepted from the federal government and appropriated to the FY 2000-01 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services ("MH/MR/SA") to enhance its efforts to reduce youth tobacco use, to provide transportation and educational services for women seeking substance abuse treatment, to provide training or supplies and equipment for the existing HIV Early Intervention Projects, and to implement the Program Outcomes Measurement System. 2. That $306,485 is hereby accepted from the Commonwealth of Virginia and appropriated to the FY 2000-01 Operating Budget of the MH/MR/SA to purchase individualized service plans for children and adolescents with Seriously/Emotionally Disturbed disorders. 3. That $19,700 is hereby accepted from the Southeastern Community Services Boards Family Project and appropriated to the FY 2000-01 Operating Budget of the MH/MR/SA to provide perinatal treatment for women who are substance addicted or dependent. 4. That $52,000 is hereby appropriated to the FY 2000-01 Operating Budget of the MH/MR/SA from deferred revenue from the Commonwealth of Virginia to increase housing opportunities for clients who are mentally ill. 5. That $22,280 of fund balance in the Mental Retardation Gift Fund is hereby appropriated to the FY 2000-01 Operating Budget of the MH/MR/SA to provide various supplies and equipment to the Respite Center and Nursing Centers and a grant to the Friends of Infant Stimulation to assist its Infant Services Program. 6. That the City Council hereby states that funding for the state-funded and federal-funded services and programs described in this ordinance is contingent upon continued state and federal funding, respectively, and if this funding is reduced or eliminated, then these programs or services will be reduced accordingly. 74 75 76 77 78 79 7. That estimated revenue in the MH/MR/SA FY 2000-01 Operating Budget is hereby adjusted to reflect $60,030 in additional revenue from the federal government, $19,700 in additional revenue from the Southeastern Community Services Boards' Family Project and $358,485 in additional revenue from the Commonwealth of Virginia. 80 81 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of June , 2001. 82 83 84 85 86 87 Requires an affirmative vote by a majority of members of City Council. CA-8141 ordin/noncode/mhmrsa2 ord. wpd R-3 May 29, 2001 88 89 90 91 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY Community Services Board Council Agenda Item Brief Sheet May 21, 2001 Background: CSB has non-budgeted revenue from 4 Sources that need to be appropriated by council into the FY 2001 Budget Details · Deferred State Revenue Deferred state special project revenue( $ 52,000) to fund ~mprovements in Spirit House facilibes that house CSB chents The funds were received for approved projects in FY00 that could not be completed untd SFY 2001. Federal Grant · One-twme federal SAPT Grant ( $10,000) to ~ncrease youth tobacco purchase/use prevention activibes The fund was received v~a warrant payment # 17 dated February 15, 2001 · One-Time Federal Grants in the amount of $ 4,049 for training and purchase of supplies/equipment to the exisbng HIV Early Intervenbon Projects. Notification of funding was received via state's letter dated May 9, 2001. · One-time Federal Grants ~n the amount of $ 33,481 to provide transportation and educational services for women seeking substance abuse treatment Notification of funding was received v~a state's letter dated May 11, 2001 · One time MH Federal Grant for POMs ~n the amount of $12,500 Notification of funding is dated May 11, 2001 State Purchase of Individualized Services Plan · Purchase of Individualized Services Plan @ $ 306,485 was received for Children and Adolescents with SED Nobce of Funding was received via revised letter of notificabon Contract Agreements · Interagency Agreement w~th Southeastern Community Serwces Boards' Family Project ($19,700) to prowde per,natal treatment for women who are substance addicted/dependent ' Gift fund Prior years unexpended g~ft fund donations now in CSB fund balance The appropriation($ 22,280) will support the following actiwties $1,483 for recreational supplies at the Respite Center $ 4,102 for office furmshings and equipments at Respite Center and Nursing center $16,695 for a grant to Friends of Infant Stimulation, a private, non-profit Organization that will use the funds to assist the Infant Services Program Positions No FTEs required ServIces wdl be provided through use of contracted labor. RICHARD E KELLOGG COMMISSIONER COMMONWEALTH of VIRG1 MAY 17 Z901 ERVICES BOARD Department Of Mental Health, Mental R etardat~on and Substance A b use Services Post Offtce Box 1797 Telephone (804) 786-3921 Vo~ce/TDD (804) 371-8977 Richmond, Virginia 23218-1797 www dmhmrsas state va us May 1 I, 200 l Ten-y S Jenkins, Ph.D Executive Dtrector Vtrgxma Beach Commumty Servxces Board Pembroke S~x, Suite 208 Vtrglma Beach, VA 23462-2891 Dear Terry' Your plan for the use of the additional POMS funds tn FY 2001 has been revmwed and approved. Therefore, you will receive an additional $12,500 ~n FY 2001, to be used exclustvely by your CSB to ~mplement POMS These funds will-be d~stributed ~n one lump- sum payment m the next semi-monthly payment cycle. This allocatmn should be shown on a Form 5 for CSB Mental FIea~ your revised FY 2001 Community Services Performance Contract Please contact Rosarma Roberts (804) 371-0361 ~f you have any questions about the payment of these funds Stncerely, Rachard E. Kellogg REK/jrk pc Joy Yeh Rosanna Roberts J Randy Koch, Ph D Paul G~Idtng Robert Schmd Other %'AD~.! TOTAL GENERAL FUNDS '~;' ~ IME GRANTs Letter of N°t~ficat~on 400 AdmmtStrat~on VIRGINIA BEACH COMMuNITy FLeD SERVICEs BOARD REVENUE E'\'P£NDiTuRE GENERAL ~UND8 ~'Y P'~ TH .PA TH Housmo ~,'.H. PI~G/SED~.~. ~H Ft~G/si~ oc .~ 1I S ~ V~IH ~oard SA ~lCOhol FBG S~ DruR FBG SA present,on F O[her Pedf~~ FBG ,~lH pBG/~a~s' Other TOTAL P~'DERAL FUNDs ' 'Ltr 12/13/00, Plan to be SUbrmttec/ ' and approved FEDERAL/::UNDs REVISED ~/22J0~ CHECK ONE Letter of Notification X Letter of Notification Rews~on DATE 1 ~22~01 CSB VIRGINIA BEACH COMMUNITY SERVICES BOARD FY 2001 SFY 2001 Letter of Notification for Purchase of Individualized Services Allocations Sources of Funds for Allocation M~r~'~al'Health Persons w~th SMI !D,sc~ar~ A~-~t--7_.P. roi ) For~-~-l~ ~: ~ Children and Adolescents with SED -Form-s":75, 76, 7'~ State Federal $257,784 $306,485 Total Mental Health Allocations $564,269 SO Mental-Ret~;~l~t~n' ' 1 Waiver . - 2 Non-Waiver --- ' Forr~ 8-'i, '§2~'~:~ '~=~rms 8~,,-85, 86 -To~ai-~ental Retardation Allocations State Waiver Fees $4,234,946 $54,600 ~ $54,600 $4,234,946 Subs~:ar{~ Abuse Persons w~th AIc or Drug Addicb~ Forms 91', 92, 93 Allocations St~;~- - Federal Tota~ Substance Abuse -. $0 S0 Note The Sources of Funds equate to the btles on the CARS drop down menus REVISED 1/22/01 COMMONWEALTH of VIRGINIA RICHARD E KELLOGG COMMISSIONER Department Of 3/Iental Health, 3lental Retardation and Substance Abuse Services Post 02flce Box 179 7 Richmond, 14rginia 23218-179 7 May 9, 2001 Telephone (804) 786-3921 Vo~cefTDD (804) 371-8977 www dmhmrsas state va us Terry S Jenkins, Ph D Executive Director Virginia Beach CSB Pembroke Slx, Suite 208 V~rglnxa Beach, VA 23462-289 t Dear Dr Jenkins The Department has accumulated a balance of funds from the Substance Abuse Prevention and Treatment (SAPT) Block Grant Set-Aside for HIV Early Intervention, and is awarding_one-time allocations for training_ and/or the purchase of supplies/equipment to the exasting HIV Early Intervention Projects The use of these funds must be consistent with the mtent and he r[stricti6ns of the SA.PT Block tit-ant, and ail funds awarded must be expended before September 30, 2001. Equipment purchased with these funds is federal property and ts reqmred to be returned to the Department ff not used in support of the provision of HIV Early Interventmn/substance abuse services These one-time funds may not support services that create a need for ongoing funding tn subsequent years The Virginia Beach CSB HIV Early Intervention Project has been awarded $4,049 Suggested uses of the one-time award include: · Purchase of educational materials (videos, pamphlets, etc ) · Printing and duphcatmg · Risk-reducnon supplies (condoms, etc ) · Computers or au&o-visual equipment (VCI:Ls, overhead projectors, etc ) · Testing supphes and servmes (HIV, hepatitis, and TB) · Traming for HIV counselors · HIV Trammg for general SA counselors · Independent peer-review to assess the quahty, appropriateness, and efficacy of EIS servmes This award must be reflected on the SA Form 5 tn your final SFY 2001 performance contract revision Please contact your community contracting a~drmmstrator tf you have questions about how these funds should be reported to the Office of Commumty Contracting Sincerely, Richard E Kellogg REK~3csf pc James E,~an~, biD Cathleen Ncwbanks James Marttncz J~ Paul Gilding Rosanna Roberts Kathenne Formh Paul Cole RICHARD COMMONWEALTH of VIRGINtA Department Of MentaI Heatth, z~f ental Retardation and Substance Abttse Services Tetapl'mn~ t8(3~) 7~6.3cJ2~ PogtO~lc~ax2797 Vm.-.e/TDO {804) 371-8977 J~i¢it~and. [~gittht 2~218-1797 *~..,v. dmnm~as .nt. ata. va.~$ May Il, 2001 Terry S..~ev_~ns Ph.D., Executive Dir=ctor Vt.~a Beach Comm',mi,vi Services Board Substance A. bus~ ~o~ A~~don O~ce~ Pembroke S~x - Sram V~g~ia Beac~ v~gima 23607 Dear Dr. Jenkins: As you axe awa~, the regulations for the Substance Abuse Pre~enton and Tr~~t Block ~t tSt~T) req~es that pro~ pro.de subst~ce able ~eam~ent s~ic~s m p~~t women md wom~ wt~ d~end~: c~l~cn. We ~c aw~dir, g ~~ B~h Co~uraW Se~i~s Bond's Proiec~ L~ sir~ a one-~e ~l~afion of _~33,481 often: ~ ~om ~c S~T women's/ct ~ide~o~o,/ide ~o~afio~ ~d eauc~nonfl sc~ic~ for wom=m Lack of transportation pt ox,des a major ,_rope&merit to women ~ceking substance abuse treatment: $30,225 of your award ~s co be s2enc towards the purchase of a van a~d car sears for infants and toddlers Umpent transport~on funi~s may be used towards -other tnmspc~tmn relat3d expenses. The remaining $3,256 of your award is to be to purchase an~or dcv~op educauonal resources r=g, az-~=d=r spec;tic ~'=atmcnt for ~oh~m'n=s.A~:t=s¢ 5.rods may also b= u==d ~o,,purchas¢ ~h~c=tioual rcsouzc=s ~ t:ammg for Pro::ct ~,,~. sr. aff tn areas r=latCd ~o wom=E's gender Tkese fun& must be, merit bz.~pccmber 30, 2001 and should be retie:red on Form 5, "One T~rne ,',_ ' Gra,.~. et ~ur SlY 2OOl Pe. iformance Concract. These funds be split ~,etween SA Alcohol ,nd SA. Drug in the Federal Funds section of' Form 4 The transpomt:on and ~ducation funds for Project LSNK are t~ be reported as SA .,.Lleuhol FBG.. $13,3~2 and SA Drug FBG: $20,089 These funds will he reflected m the revised SFY 2001 Letter ofNotificauon ~tt wtll be ~or~ded by Ora'ars Man,~gen-.ent on or - 24 - Item VI-H. 4. ORDINANCES ITEM # 48240 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED Tax Refunds: $28,385.04 Vottng 11-0 (By Consent) Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay None Counctl Members Absent None June 5, 2001 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COLrNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for tax refunds upon certification of the Treasurer are hereby approved. Tax Type Ticket Exoneration Date NAME Year of Tax Number Number Paid Penalty Int. Total Bumell, Richard E & Tamara S 2001 Cantln, Jamne M 1998 Cantin, Jamne M 1999 Canton, Jamne M 1999 Canton, Jamne M 2000 Cantm, Janine M. 2000 Cho, Paul Chang-Sm, et al 2001 Danzing, Ben.lan*un H & Marci Levet2001 Frenk, Henry 2001 Frenk, Henry 2001 Schuller, Gordon, J. & Anita F 1999 Schuller, Gordon, J & Anita F 1999 Schuller, Gordon, J & Anita F 2000 Schuller, Gordon, J & Amta F 2000 Schuller, Gordon, J & Amta F 2001 Snell, Lmtha C 2000 Snell, Leitha C 2000 Snell, Leitha C 2001 Snell, Le~tha C 2001 Raytheon Service Company 1996 Raytheon Service Company 1996 Raytheon Service Company 1997 Raytheon Service Company 1997 TOTAL: RE(I/2) 01-017720-2 EA 12/01/00 RE(2/2) 98-137179-8 EA 06/05/98 RE(l/2) 99-019232-2 EA 12/04/98 RE(2/2) 99-019232-2 EA 06/01/99 RE(I/2) 00-019412-2 EA 12/03/99 RE(2/2) 00-019412-2 EA 05/31/00 RE(1/2) 01-022964-7 12/05/00 RE(l/2) 01-030199-7 EA 11/30/00 RE(l/2) 01-048141-8 11/21/00 RE(2/2) 01-048141-8 11/21/00 RE(I/2) 99-109258-0 EA 11/18/98 RE(2/2) 99-109258-0 EA 05/13/99 RE(I/2) 00-110592-1 EA 11/19/99 RE(2/2) 00-110592-1 EA 05/11/00 RE(I/2) 01-111980-8 EA 11/15/00 RE(l/2) 00-116748-1 11/08/99 RE(2~2) 00-116748-1 05/23/00 RE(l/2) 01-118066-0 11/17/00 RE(2/2) 01-118066-0 11/17/00 PP(I/2) 96011838144 EA 05/24/96 PP(I/2) 96011838153 EA 05/24/96 PP(I/2) 97011890978 EA 05/14/97 PP(1/2) 97011890987 EA 05/14/97 198 01 86 07 57 97 57 97 59 99 59.99 73 24 26 81 3 34 10.86 23.79 23 79 19 28 19 28 19 28 81 94 163 92 163 91 163.91 9,597.39 3,027.33 11,126 24 3,320 73 28,385.04 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totahng were approved by the Council of the C~ty of V~rg~ma Beach on the 5t:h day of 3uno t 2001 Ruth Hodges Srmth C~ty Clerk Certlfi~ Johll "[' ~d ,,t payment; ApproO :d as to form: C-h(y- Attorney - 25 - Item VIJ. PLANNING ITEM # 48241 1. KENNETH A. HALL & S & S ENTERPRISES STREET CLOSURES TIDEWATER IMPOR TS, INC. - HALL AUTO WORLD BODY SHOP CONDITIONAL USE PERMIT June 5, 2001 Item VI-I. 1. - 26- PLANNING ITEM # 48243 Attorney Edward Bourdon, Pembroke One, Ftfth Floor, Phone 499-8971, represented the apphcant Attorney Morrts Ftne, 2101 Parks Avenue, Phone 422-1678, represented C SHtnes, owner of theproperty Sally Fontenot, 3500 Vtrgtnta Beach Boulevard, Phone 463-3650, represented the CEO-Vtrgtnta Beach School Federal Credtt Union and stated thetr matn office ts under constructton at 3 701 Bonney Road (between Pine and Poplar Streets) They are concerned re the cul-de-sac and the clostng of these streets Upon motton by Counctl Lady McClanan, seconded by Vtce Mayor Sessoms, Ctty Counctl APPROVED the STREET CLOSURES, AS AMENDED, tn the Apphcattons of KENNETH A. HALL and S&S ENTERPRISES for the dtsconttnuance, closure and abandonment of the followtng streets Second Street and Spruce Street, and, TIDEWATER IMPORTS, INC. -HALL AUTO WORLD BODY SHOP for a Condtttonal Use Permtt Ordtnance upon apphcatton of Kenneth A Hall & S & S Enterprtses, A Vtrgtnta general partnership, for the dtsconttnuance, closure and abandonment of the followtng streets Second Street begtnmng at the western boundary of Butternut Lane and runmng tn a easterly dtrectton to the western boundary of Spruce Street Second Street begtnntng at the eastern boundary of Spruce Street and runntng tn an easterly dtrectton to the western boundary of Ptne Street Spruce Street begtnntng at apotnt 400feet more or less south of Bonney Road and runntng tn a southerly dtrectton to the northern boundary of Interstate #264 Satd parcels contatn 1 037 acres ROSE HALL - DISTRICT3 The followtng condtttons shall be required The Ctty Attorney's Office wtll make the final determtnatton regardtng ownershtp of the underlytngfee The purchase prtce to be pard to the Ctty shall be determtned accordtng to the "Pohcy Regarding Purchase of City's Interest tn Streets Pursuant to Street Closures, "approved by Ctty Counctl Coptes of the pohcy are avatlable tn the Planmng Department The apphcant ts requtred to resubdtvtde the property and vacate tnternal lot hnes to incorporate the closed area tnto the adjotmngparcels The plat must be submttted and approved for recordatton prtor to final street closure approval The apphcant ts requtred to vertfy that no prtvate utthttes extst wtthtn the right-of-way proposed for closure Prehmtnary comments from the utthty companies tndtcate that there are no private utlhttes wtthin the right-of-way proposed for closure If private utthttes do exist, easements sattsfactory to the utility company, must be provlded Preliminary review indtcates that there are no pubhc utthty or public works facthties in the rtght-of-way proposed for closure If subsequent review reveals any pubhc facilities wtthtn the roadway, the applicant shall be responstble for relocating the facthtles tn a manner satisfactory to the Department of Pubhc Utlhttes and/or the Department of Pubhc Works June 5, 2001 Item VI-I. 1. -27- PLANNING ITEM tt 48243 (Continued) The City reserves, for ten (1 O)years from the date of recordatton of the closure, the rtght to repurchase the area of closure (whtch wtH not mclude areas encompasstng butldtngs approved by the Ctty Counct0 at the same prtce patd by the apphcant to the Ctty plus a factor of 3% per year, wtthout compensatton for any tmprovements or for damage to the restdue of the apphcants' property Thts repurchase rtght shall be tncluded tn the deed or tn a separate agreement to be recorded tn the Clerk's Office of the Ctrcutt Court of the Ctty of Vtrgtma Beach The deed or agreement shall be acceptable to the Ctty Attorney and shah contatn approprtate language to allow the reasonable substttutton of some land outstde of the extsttng rtght-of-wayfor reconveyance to the Ctty where those butl&ng tmprovements (other than parktng area) whtch have been approved by City Counctl are to be constructed tn the rtght-of-way whtch ts closed Closure of the rtght-of-way shall be conttngent upon comphance wtth the above stated condtttons wtthtn 365 days of approval by Ctty Counctl If all condtttons noted above are not accomphshed and a final plat ts not approved wtthtn 365 days of the Ctty Counctl's vote to close the roadway, thts approval wtll be constdered null and void AND, ORDINANCE UPON APPLICA TION OF TIDE WA TER IMPOR TS, INC HALL AUTO WORLD BOD Y SHOP FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR FA CILITY R05013051 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Ttdewater Imports, Inc -Hall Auto Worm Body Shop for a Condtttonal Use Permtt for an automobtle repatr facthty on certatn property located a the southeast corner of Butternut Lane and ummproved Second Street (GPIN ltl48 7-43- 7783, itl 48 7-43- 7488, itl4 73- 43-8402, it1473-43-9417, it1473-43-4435, it1473-43-5477, it1473-43- 4330, it1473-43-5375, it1473-43-5380, #1473-43-5287) DISTRICT3- ROSE HALL The followtng conditions shall be reqmred 1 All auto repair must take place tnstde the butldtng No outside storage of equtpment, parts, or matertals shall be permttted All overhead doors located on the stde of the butlchngfactng 1- 264 must remain closed except for movtng vehtcles tnto and out of the butldtngfor servtce The vehtcular storage area must be surrounded by Category VI landscaptng and fenctng The chatn hnk fence shown on the stte plan wtll not be allowed, a sohd fence must be used A 50-foot reservatton shall be reqmred along the southern property hne adjacent to 1-264 as necessary for tmprovements related to the Rosemont Road and 1-264 tnterchange The apphcant agreed to relocate the butldtng back another twenty- _five (25) or more_feet to provtde approxtmatel¥ sixty (60) plus .feet _for the setback tn the area from the extsttng 1-264 Interchange June 5, 2001 Item FI-I. 1. - 28- PLANNING ITEM # 48243 (Continued) The budchng labeled as "Proposed Body Shop" on the submttted stte plan shall be shifted to the north toward the extsttng Second Street rtght-of-way, outstde of the reservation area required by Condttton 4 and all budding setbacks requtred by the Ctty Zomng Ordtnance Redestgn of the buddtng to accomphsh the shift to the north may be made conmstent with Condttton 7 The development of the stte shall substanttally conform wtth the stte plan prepared by MSA, PC, dated May 15, 2000, and annotated "MSA PROd #00017A", except for changes necessttated by comphance wtth these condtttons Archttectural destgn, materials and colors shall conform wtth the "Conceptual Design for HALL AUTO WORLD COLLISION CENTER", PREPARED BY Burkhart Thomas Archttecture/Intertor Destgn and on file tn the Planmng Department, except for changes necessttated by comphance wtth these condtttons This Ordtnance shall be effecttve tn accordance with Sectton 107 (J) of the Zontng Ordtnance Adopted by the Councd of the Cay of Vtrgtnta Beach, Vtrgtnta, on the Ft_fth of June, Two Thousand One Vottng 6-4 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrtson, Jr, Louts R Jones, Reba S McClanan, and Rosemary Wdson Councd Members Voting Nay Barbara M Henley, Robert C Man&go, Jr, Mayor Meyera E Oberndorf and Nancy K Parker Councd Members Absent Wtlham W Harrtson, Jr Counctlman Harrtson left at 7 10 P M June 5, 2001 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS SECOND STREET AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PROPOSED CLOSURE OF SECOND STREET RIGHT OF WAY LOCATED BETWEEN BLOCKS 3 & 9, JACKSONDALE" DATED MAY 31, 2000 VIRGINIA BEACH, VIRGINIA WHEREAS, on June 5,2001, Kenneth A. Hall and S&S Enterprises apphed to the Council of the City of Virgima Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, ~t is the.ludgment of the Council that smd street be discontinued, closed, and vacated, subject to certain conditions having been met on or before June 5, 2002; 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 June 5, 2002: ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE ROSE HALL DISTRICT OF VIRGINIA BEACH, VIRGINIA, as shown and designated "SECOND STREET (50' R/W)" on that plat entitled "PLAT SHOWING PROPOSED CLOSURE OF SECOND STREET RIGHT OF WAY LOCATED BETWEEN BLOCKS 3 & 9, JACKSONDALE" dated May 31, 2000, prepared by MSA, P C., a copy attached hereto as Exhibit A. SECTION II The following conditions must be met on or before June 5, 2002: 1. The City Attorney's Office will make the final determination regarding ownership of the underl3nng 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. 2. The applicant is reqmred to resubdivlde 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. GPIN 3. 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. 4. Preliminary review indicates that there are no public utility or public works facilities in the right of way proposed for closure. If subsequent review reveals any public facilities within the roadway, the applicant shall be responsible for providing appropriate easements or shall be responsible for relocating the facihties in a manner satisfactory to the Department of Public Utilities and/or the Department of Public Works. 5. The City reserves for ten (10) years from the date ofrecordation ofthe closure the right to repurchase the area of closure (which will not include areas encompassing buildings approved by the C~ty Council) at the same price paid by the applicant to the City plus a factor of 3% per year, without compensation for any improvements or for damage to the residue of the applicants' property. This repurchase right shall be included in the deed or in a separate agreement to be recorded in the Clerk's Office of the Circmt Court of the City of Virgima Beach. The deed or agreement shall be acceptable to the City Attorney and shall contain appropriate language to allow the reasonable substitution of some land outside of the existing right-of-way for reconveyance to the City where those building improvements (other than parking area) which have been approved by City Council are to be constructed in the right-of-way which is closed. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions w~thin 365 days of approval by City Council. If all con&tions 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 con&tions are not fulfilled on or before June 5, 2002, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before June 5, 2002, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION W 3. A certified copy of this Ordinance shall be filed ~n the Clerk's Office of the Circuit Court of the City of V~rgima Beach, Virginia, and indexed in the name of the CITY OF Of June Adopted bythe Councdofthe City of Virgima Beach, V~rglma, onthis~ .,2001. 5th day APPROVED AS TO LEGAL SUFFICIENCY Law Dj~ment- CA-7786 F \DataXATY~FormsXDeedsXSTCLOSU~WORKING\ca7786 ord I I I ti'"'"'"' DENOTES PROPOSED PORTION OF ;::':":~':'.'.'.';i'~t SECOND STREET TO BE CLOSED. :".:".:'~::FI AREA = 14,008 SF OR 0.322 AC. PLA T OF ,IA ~KSONDAL £ BLOCK u7 LOT ? ('MB ~, P~ 24) LOT 15 E'.:::" LOT I LOT 2 LOT 15 L 0 T J PLA T OF ,IA CKSONDtlL E BLOCK ~ ~ ,'"~ 24) SECOND STtPEET AS PER LSECOND ~TR:ET AS PER (DB ~944, PO 55) PHYSICAL :Un: Y nECORDED "PLAT SHOVRNG ProPOSED CLOSURE OF SECOND STREET RIGHT OF WAY LOCATED BETWEEN BLOCKS :3 &:: 9, JACKSONDALE" DATED MAY 31, 2000 VIRGINIA BEACH, VIRGINIA MBA, P.C. Landsc:ape Design. Planning Surveying Engineering · Environmental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHONE (757) 490-9264- FAX (757) 490-0634 IA[ _. ,,L,1 i, .I dl. · DWN BY: JJV SCALE: 1" = 60' JOB#: 00017A ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS SECOND STREET AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PROPOSED CLOSURE OF SOUTHERN PORTION OF SPRUCE STREET RIGHT OF WAY LOCATED BETWEEN BLOCK 9, JACKSONDALE, AND BLOCK D, ROSEMONT" DATED MAY 31,2000 VIRGINIA BEACH, VIRGINIA WHEREAS, on June 5, 2001, Kenneth A. Hall and S & S Enterprises 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, closed, and vacated, subject to certain conditions having been met on or before June 5, 2002; 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 June 5, 2002: ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE ROSE HALL DISTRICT OF VIRGINIA BEACH, VIRGINIA, as shown and designated "SPRUCE STREET (66' R/W)" on that plat entitled "PLAT SHOWING PROPOSED CLOSURE OF SOUTHERN PORTION OF SPRUCE STREET RIGHT OF WAY LOCATED BETWEEN BLOCK 9, JACKSONDALE AND BLOCK D, ROSEMONT", dated May 31, 2000, prepared by MSA, P.C., a copy attached hereto as Exhibit A. SECTION II The following conditions must be met on or before June 5, 2002: 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 the policy are available in the Planning Department. 2. 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. GPIN: 3. 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. 4. Preliminary review ~nd~cates that there are no public utility or public works facilities in the right of way proposed for closure. If subsequent review reveals any public facilities within the roadway, the applicant shall be responsible for providing appropriate easements or shall be responsible for relocating the facilities in a manner satisfactory to the Department of Public Utilities and/or the Department of Public Works. 5. The C~ty reserves for ten (10) years from the date ofrecordation ofthe closure the right to repurchase the area of closure (which will not include areas encompassing buildings approved bythe City Council) at the same price prod bythe apphcant to the City plus a factor of 3% per year, without compensation for any improvements or for damage to the residue of the applicants' property. This repurchase right shall be included in the deed or in a separate agreement to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. The deed or agreement shall be acceptable to the City Attorney and shall contain appropriate language to allow the reasonable substitution of some land outside of the existing fight-of-way for reconveyance to the City where those building improvements (other than parking area) which have been approved by City Council are to be constructed in the right-of-way which is closed. 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 w~thin 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 June 5, 2002, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before June 5, 2002, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV 3. A certffied copy of th~s 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 of June Adopted by the Council of the City of Virginia Beach, Virginia, on this ,2001. 5th day APPROVED AS TO LEGAL SUFFICIENCY Law D~artment - CA-7785 F \DataL~TYWormsq)eeds~STCLOSI. AWORKING~ca7785 ord LOT t SPRUCE STREET TO BE CLOSED. AREA 17,183 SIr OR 0.394 AC. ~ ~ ~ ~) zor ~ LOt · LOT 2 ~ LOt3 ~r ~ ~~ PHYSMAL SURLY RECEDED "PLAT SHOWING PROPOSED CLOSURE OF SOUTHERN PORTION OF SPRUCE STREET RIGHT OF WAY LOCATED BETWEEN BLOCK 9, dACKSONDALE AND BLOCK D, ROSEMONT" DATED MAY .31, 2000 VIRGINIA BEACH, VIRGINIA MSA, p.e. Landscape Design- Planning 8urveylng Engineering. Environmental Sciences 1' 5033 ROUSE DRIVE, VIRGIN/A BEACH, VA 23462-3708 PHONE (757) 490-9264 · FAX (757) 490-0634 ,__& DWN BY: JJV SCALE: 1"= 100' JOB#: 00017A - 29 - Item VI-J. 1. APPOINTMENTS ITEM # 48244 B Y CONSENSUS, Ctty Counctl RESCHEDULED the following APPOINTMENTS: AR TS AND HUMANITIES COMMISSION COMMUNITY SER VICES BOARD (CSB) PARKS AND RECREATION COMMISSION June 5, 2001 - 30- Item VI-J. 2. APPOINTMENTS ITEM # 48245 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED: Thelma E. Carroll 3-Year Term 6/1/01 - 5/31/04 OPEN SPA CE SUB COMMITTEE Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr June 5, 2001 - 31 - Item VI-L. NE W BUSINESS ITEM # 48245 Vtce Mayor Sessoms comphmented and recogmzed the Ctty Manager and Staff concermng the recent AA+ bond rating. Thts presttgtous destgnatton will result tn the savtngs of Mtlhons of dollars to the Ctty of V~rgtma Beach Mayor Oberndorf adv~sed James K Spore a very responstble Manager of the Ctty June 5, 2001 - 32 - Item VI-L. 1. ADJOURNMENT ITEM g48246 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 7:37 P.M. Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk jJ Ctty Clerk Meyera E Oberndorf Mayor City of l/zrgzma Beach Vtrgtnta June 5, 2001