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Home My WebLink AboutDECEMBER 18, 2001 MINUTES Cit of Vir inia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. At-Large VICE MAYOR WIUIAM D. SESSOMS, JR., At-Large LINWOOD O. BRANCH, lll, Beach - District 6 MARGARET L EURE, Centerville - District I WILLIAM W HARRISON, JR., Lynnhaven - District 5 BARBARA M. HENLEY, Princess Anne - District 7 LOUIS R. JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - District 3 ROBERT C. MANDIGO, JR., Kempsville - District 2 NANCY K. PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K. SPORE, City Manager LESLIE L LIUEY, City Attorney RUTH HODGES-SMITH, MMC, City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-9005 PHONE: (757) 427-4304 FAX: (757) 426-5669 EMAlL: Ctycncl@city.virginia-beach.va.us December 18, 2001 1. REVIEW OF AGENDA ITEMS - Conference Room 2:00 PM II. CITY COUNCIL COMMENTS III. INFORMAL SESSION - Conference Room - 2:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION VIRGINIA BEACH SCHOOL'S ACCREDITATION OF SOL'S School Administration Building 5:00 PM - 6:00 PM IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Joseph Stallings, Jr. City of Refuge Christian Church of Virginia Beach C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. G. H. 1. J. MINUTES 1. INFORMAL & FORMAL SESSIONS December 11, 2001 AGENDA FOR FORMAL SESSION PRESENTATION: 1. BEACH STREET USA Bobby Melatti, Executive Director - Beach Events PUBLIC HEARING: 1. EXCESS CITY -OWNED PROPERTY: Lot 11-A at Harbour Point (Old Rudee Motel Site) (BEACH - DISTRICT 6) 0 RD INAN CES/RESO L UTI 0 NS 1. Ordinance to declare EXCESS PROPERTY on Lot 11A acquired by the City for Harbor Point Road Extended and exchange said property to F. WAYNE and CHERYL P. McLESKEY for which they will convey Parcel B and C to the City; and, authorize the City Manager to execute an agreement for the exchange of said property. (BEACH - DISTRICT 6) 2. Ordinance to ACCEPT from CEDAR COVE ASSOCIATES, Lc., a Virginia limited liability company, the dedication of 26,794 square feet of property at the intersection of Adam Keeling Road and Island Lane to be used for future drainage or the banking of wetlands. (L YNNHA VEN - DISTRICT 5) 3. Ordinance to authorize the City Manager to execute an agreement with SEA ESCAPE CORP and the VIRGINIA BEACH FOUNDATION re installation and maintenance ofa statue of JOHN WAREING in the 17TH STREET PARK at no cost to the City. (BEACH - DISTRICT 6) 4. Ordinances re Composition of Council-appointive Committees and appointment flexibility: a. b. Resort Advisory Commission Review and Allocation Committee (COIG) Youth Services Coordinating Council c. 5. Resolution re a non-binding Memorandum of Understanding relating to Phase II of the Town Center (Central Business District (CBD), requesting execution by the Virginia Beach Development Authority, and authorizing the City Manager and the City Attorney to proceed with the development of supplemental project documents. L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT HAPPY HOLIDAYS *********** CITY COUNCIL SESSION (January 2002) January 08, 2002 January 22,2002 Administrative & Planning Administrative & Planning ********** ********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 (TDD - Telephonic Device for the Deaf) ********** 12/14/01BAP AGENDA\12\18\01. www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 18,2001 Mayor Meyera E. Oberndorf called to order the REVIEW OF AGENDA ITEMS in the City Council Conference Room, City Hall Building, on Tuesday, December 18,2001, at 3:00 P.M. Council Members Present: Linwood O. Branch, IlL Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Absent: Vice Mayor Williams D. Sessoms, Jr. [Out of the City re Bank Business] William W Harrison, Jr. [Entered: 5:55 PM] - 3- AGENDA RE VIE W SESSION ITEM # 49081 J.5. Resolution re a non-binding Memorandum of Understanding relating to Phase II of the Town Center (Central Business District (CBD), requesting execution by the Virginia Beach Development Authority, and authorizing the City Manager and the City Attorney to proceed with the development of supplemental project documents. Council Lady Parker expressed concerns relative adequate parking. Patricia Phillips, Director of Finance , advised the City of Virginia Beach hired Desman Parking Associates, parking consultants, who have just concluded their study relative the proposed changes to the Town Center parking requirements. The consultants have determined there is adequate parking. Uses within the Town Center have changed, so there is more complimentary rather than competing uses. In the Memorandum of Understanding, the City is proposing if at any time during the Town Center development the parking seems to be an issue, another study can be requested. If this study finds the parking is not adequate then the developer is obligated to provide that additional parking. Council Lady Parker suggested this be stated in the Formal Session to alleviate concerns. Council Lady Eure was impressed by the parking situation because if there is a shortfall from the special taxing district, the developer must make up this shortfall. Councilman Jones will ABSTAIN ITEM #49082 BYCONSENSUS, the following shall compose the CONSENT AGENDA: 0 RD INANCES/RESO L UTI 0 N J.2. Ordinance to ACCEPT from CEDAR COVE ASSOCIATES, L. c., a Virginia limited liability company, the dedication of 26,794 square feet of property at the intersection of Adam Keeling Road and Island Lane to be used for future drainage or the banking of wetlands. (LYNNHAVEN - DISTRICT 5) J. 4. Ordinances re Composition of Council-Appointive Committees and appointment flexibility: a. Resort Advisory Commission b. Review and Allocation Committee (COIG) c. Youth Services Coordinating Council J. 6. Resolution to request the Virginia Department of Transportation (VDOT) establish a project re improvement of the railroad crossing at Witchduck Road with the City of Virginia Beach agreeing to pay it's share. Item J.4.b. will be DEFERRED INDEFINITELY, BY CONSENT. December 18,2001 -4- AGENDA RE VIE W SESSION ITEM # 49083 K.l. MODIFICATION OF CONDITION #1 re construction of two six-story mid size buildings in the March 24, 1998, approved application of a Conditional Use Permit for the retirement communitv at ATLANTIC SHORES RETIREMENT COMMUNITY, LLC, on the north side of Dam Neck Road, west of Atlantic Shores Drive. (PRINCESS ANNE - DISTRICT 7) Council Lady Eure expressed concern relative the AICUZ. Council Lady Henley advised this application does not change the number of units, only reconfigures the units. As there are not going to be additional residents, Council Lady Henley assumed this was the reason the Navy did not comment. Mayor Oberndorf advised is it not understood anyone building near Oceana has to comply with the sound insulation with the double windows, etcetera. Robert Scott, Director of Planning, advised the Mayor was correct and all of these restrictions are independent of the Conditional Use process. Mr. Scott advised the City requested the General Assembly allow the imposition of higher building standards for structures subject to this particular level of noise (AICUZ) ITEM # 49084 K2. Petition of OLD BRANDON INVESTMENT COMPANY, LLC, for the discontinuance. closure and abandonment of a portion of Old Providence Road west of the intersection of Indian River Road and Providence Road, and incorporate the area into four adjoining lots, containing 13,748 square feet. (CENTERVILLE - DISTRICT 1) Council Lady Eure requested DEFERRAL, until January 8,2001, allowing her the opportunity to further review this application. Council Lady Eure wishes to confer with the developer re her concerns. Stephen White - Planning, advised the applicant was going to request a DEFERRAL on this item as they have outstanding issues. ITEM # 49085 K. 3. Application of the HOME DEPOT for a Conditional Use Permit for a bulk storafle vard on the west side of King Richard Road, north of Virginia Beach Boulevard (3352 Virginia Beach Boulevard), containing 12.64 acres. (LYNNHAVEN - DISTRICT 5) Council Lady Parker expressed concern relative the appearance on Little Neck and King Richard Roads and inquired whether improvements would be made on Little Neck Road. Stephen White - Planning, advised if this application is approved, the applicant will be required to landscape both King Richard and Little Neck Roads (from the back all the way up to the front). The Board of Zoning Appeals at their last meeting approved the installation of a wooden fence. At the present time, the wooden fence ends at the back of Alcott Road and will be extended around to Little Neck. This will also be done on King Richard; however a BZA Variance is also needed to accomplish this. Mayor Oberndorfwished to be advised relative the residents behind the Home Depot. The Mayor and C. Oral Lambert - Chief Operating Officer, met with the residents a few years ago. The Home Depot made a commitment to the residents that their neighborhood would not be imposed to visual encroachment. Mr. White advised with the exception of Robert Shanks, who appeared before the Planning Commission, he has not heard from the residents. Council Lady McClanan said they do not think the City Council cares. The Kings Grant residents drives by this facility and they do not understand Home Depot was built "by right" as it was already B-2. This is a junk yard. Litter is piled everywhere. Council Lady Henley referenced the Home Depot on Lynnhaven and Princess Anne. They are encroaching in the front of their store with additional display. The lot is being cluttered with outdoor storage. Council Lady Henley requested the City staff review. This was a beautiful project and should be maintained. Permits and Inspections shall review. The City Manager advised this is not restricted to Home Depot but is a serious problem throughout the community. Outdoor storage is a constant enforcement problem. A report shall be provided relative these activities. December 18,2001 -5- A GENDA REVIEW SESSION ITEM # 49086 K.4. Application ofWAWA, INc., a Pennsylvania corporation,jor a Conditional Use Permit for an automobile service station with a convenience and carrv-out food store at the southeast corner of South Independence Boulevard and Holland Road, containing 3.16 acres (KEMPSVILLE - DISTRICT 2) Council Lady Henley advised the Planning Commission had requested an additional condition that the Left Turn onto Holland Road be restricted to peak hours. Council Lady Henley believed at the very minimum there should be no left turns. Council Members McClanan and Parker concurred. Council Lady McClanan advised there are serious traffic issues with this area. Mr. White advised the Planning Commission did concur with the no left turn; however, the applicant did not concur; therefore, the Planning Commission left it with the staff contacting Traffic Engineering relative signage stating "no left turns at certain hours ". Council Lady Eure believed issues should be resolved at the Planning Commission hearing, before recommendations are considered by City Council. Mayor Oberndorf advised this item would be discussed during the Formal Session. However, she wished to make some positive comments. This morning she "cut the ribbon" at the WA WA on Independence and Rosemont. The Mayor complimented WAWA on the freshness and variety of their food as well as their cleanliness. ITEM # 49087 K. 5. Application of FRANK DOCZI for a Conditional Use Permit for a riding academy and boarding horses at the southwest intersection of Pleasant Ridge Road and Charity Neck Road (J 613 Pleasant Ridge Road), containing 20.2 acres. (PRINCESS ANNE - DISTRICT 7) Vice Mayor Sessoms was unable to attend the City Council Session; however, in his correspondence of December 17, 2001, had requested DEFERRAL until the City Council Session of January 8, 2002. ITEM # 49088 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K.l. MODIFICATION OF CONDITION #1 re construction of two six-story mid size buildings in the March 24, 1998, approved application of a Conditional Use Permit for the retirement communitv at ATLANTIC SHORES RETIREMENT COMMUNITY, LLC, on the north side of Dam Neck Road, west of Atlantic Shores Drive. (PRINCESS ANNE - DISTRICT 7) K.2. Petition of OLD BRANDON INVESTMENTCOMPANY,LLC, for the discontinuance. closure and abandonment of a portion of Old Providence Road west of the intersection of Indian River Road and Providence Road, and incorporate the area into four adjoining lots, containing 13,748 square feet. . (CENTERVILLE - DISTRICT 1) K. 5. Application of FRANK DOCZI for a Conditional Use Permit for a riding academy and boarding horses at the southwest intersection of Pleasant Ridge Road and Charity Neck Road (J 613 Pleasant Ridge Road), containing 20.2 acres. (PRINCESS ANNE - DISTRICT 7) December 18, 2001 - 6- AGENDA RE VIE W SESSION ITEM # 49088 (Continued) K. 6. Application of the City of Virginia Beach to AMEND § § 1703 and 1704 of the City Zoning Ordinance (CZO) to allow duplex dwellings as a permitted use in the Shore Drive Overlay District and to ADOPT criteria for duplex dwellings in the B-4 (SD) Resort Commercial District. (LYNNHAVEN - DISTRICT 5) Item K.2. shall be DEFERRED, BY CONSENT, until the City Council Session of January 8, 2002. Item K.5.. shall be DEFERRED, BY CONSENT, until the City Council Session of January 8,2002. December 18,2001 - 7- CITY COUNCIL COMMENTS 3:35 P.M. ITEM # 49089 Council Lady Henley displayed the Fall/Winter edition of the Nature Conservancy Magazine. The Cover photograph was taken in Virginia Beach. Their lead article encompasses the Green Sea program. In 1728 when William Bird II was surveying the dividing line between Virginia and North Carolina, he wrote in his journal that these vast expanses of cane breaks in this area appeared to be a "Green Sea". Council Lady Henley displayed a beautiful photograph of the North Landing River inside the issue. This is described as being some of the State's finest wildernesses. Council Lady Henley quoted from the article: "In the Green Sea, seven (7) natural communities have been designated as conservation targets. The most viable are the swamp forest of cyprus gum and bottom land hardwoods and the world's most extensive and exemplary fresh water wind tide marshes." Council Lady Henley said this is the world's most exemplary, not just the State's. This is an extraordinary compliment. Discussionfollows the river preserve totaling 4,000 acres, which the Nature Conservancy has compiled. Their other partners are the Natural Heritage (owner of 2200 acres), USArmy Corps of Engineers (administers a trust fund to acquire and restore Wetlands), US Fish and Wildlife Service and the City of Virginia Beach. The City has this wonderful resource and for many years it was not recognized until the Natural Heritage Inventory was accomplished in the late 1980 's. The City worked "hand in hand" with other partners to establish the City's Agricultural Reserve Program (ARP) in 1995. More than 5,000 acres have since been enrolled in the ARP for the purchase of development rights. Besides promoting smart growth and sustaining the agriculture economy of southern Virginia Beach, the ARP maintains important buffer land between protective natural areas and encroaching development. ITEM # 49090 Council Lady McClanan referenced the Daily Press Article of December 2, 2001 entitled "Seeking Port in Tax Storm - Personal Property rates on boats vary widely across Hampton Roads". City Council received this article in their agenda package. This article provides an excellent survey relative the boat tax. Councilman Branch inquired if the City is discussing this tax with other localities. The City Manager advised Virginia Beach has taken the leadership and called various communities together. A report is scheduled prior to City Council's receipt of the proposed FY 2002-2003 Operating Budget. ITEM # 49091 Mayor Oberndorf referenced an E-Mail correspondence from Zack Gentry. He quoted the opinion of Kerry Dougherty in the Virginian-Pilot on December 18,2001: "Beach Council continues on its long-lived losing streak - It's come down to this: Either the Virginia Beach City Council is getting lousy legal advice and heeding it, or it's getting good legal advice and ignoring it" Councilman Branch advised the gentleman had comments on the third page. He suggested if Kerry's husband was hired by the City, she might tone down some of her remarks. The City Attorney referenced his Annual Report entitled: "Legal Services for A Dynamic Community", which he distributed to the City Council. In light of the emphasis placed on the two or three high profile cases, there has been some perception the City has not been successful in its legal services. However, the report will reflect: In-house legal services are provide to the City Council at the rate of $71.85 per hour. Outside legal services entails an average cost of $213.00 per hour. Staff Counsel delivered 38,875 legal service hours to the City or 89% of aI/legal services utilized. Combining inside and outside legal services and weighting them based on hours, an effective rate of $88.00 per hour is derived. Since the City Attorney's Office began providing in-house services to the School Board, their cost has been reduced significantly. The Virginia Beach City Attorney's office had an impressive year in FY 2001. 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MIlIa BImIa, no 1IIIIII8II , DIn MIrilla in Ycøk Cmmts . )lllmdDrtD IIIIIDd tb811111111a a4ad4a&- .._..1 talhw DIn"" tmlll1llatll bI88I waa141t111 tam fIO CØIpIIr IN-""" Yødchllllll or GIll hJ8bIIt bm - at II ,..IUD .-I --118""_.':"- , to c:b8Iper tlXntIt JøaIUtIII . . aadi II 0]011_- 1114 PonIJnoatII. "It 1UDUJd UIp 111 tnIDIDo ~ If DJ8 - œ18I .... Jøw. érü1." h811dd. .. 'WhD8Hulnac:am1llaiDa .... ...- "'-_We "~'=-"""""""':;"::'::._'c.::~-=:::"--=":::=.;:.:::::~,..~__".....n~ '-""";--"" -"-,-..-...-,,...~-.....' .,... '..., ,,' '.. .- - .-- ---- _n_"'-_U_' " i.. .' I ',~~ î:t:, . I, \ ' ~, ' " ':{ ~, '~ ' I: .'.! ¡.' t< {.t t ',! I~ .~ k ~: (' j ,r ~; , , ,', " " :y" i ;~, , t. I '( " X (', '1 .'. :', , ,; i \ I . i " i . '; . BIDESHABlnG HADE EnSY. To use the HOV-2 line durinB rush hour, there Ire many ridesharinl options IVIU.ble. HRrs TRAFRP his a fret Commuter COmpútllr th¡ can matd1 drivers and riders InstIr just one utra passenpr or a who I Ind find out about carpoolln¡, Vln Program or bus service. Sharing a : money. And that'~ what HOV is all ,PRBK& JIBE LoCRTlDnS. Several Park & RIde lots arB avalla up with your carpool, vanpool or ' perking. caJI100S00-70o-RIDE cry I1st of Park & Ride locations. - 8- CITY COUNCIL COMMENTS ITEM # 49091 (Continued) Lawsuits against the City or its agents and employees amount to more than $51-MILLION in damages, but the suits were concluded with less than $261,000 paid in damages. This is a remarkable milestone. Since July 1991, the city has prevailed in 46 of 52 cases (88%) in which an appeal was sought either in the Virginia Supreme Court of in the Federal Appellate Court. The City Attorney advised efficiency and effectiveness are hallmarks of performance in FY 2001. The City Attorney and his staff are proud of their office and the accomplishments in this Annual Report of legal services. Mayor Oberndorf expressed appreciation to the City Attorney and his office for their unselfish and dedicated service. Mayor Oberndorf thanked the City Attorney for outlining his accomplishments with this excellent Annual Report. ITEM # 49092 Mayor Oberndorf referenced correspondence form Lynn B. Clements, Interim Executive Director - Virginia Marine Science Museum: "The Virginia Marine Science Museum Foundation, Inc. is pleased to inform you that the loan in the amount of $2,364,284 for the Phase II expansion exhibits was paid in full as of December 10, 2001. As you know, a total of $5,015,920 was raised privately through a capital campaign for this project. The Board extends its gratitude to the City of Virginia Beach for its financial support of this project in order to further the mission of the Virginia Marine Science Museum. The Foundation looks forward to a successful continuance of our partnership. " Mayor Oberndorf advised the employees and volunteers who serve on the Foundation and at the Museum, deserve the respect and gratitude of the City Council. They have built an educational facility that is second to none in the Commonwealth of Virginia and tenth in the entire United States. The public "bid farewell" to Mac Rawls, Director of Museums, on Sunday, December 16, 2001. The entire IMAX theatre was overflowing with people wishing to salute Mac for his vision, tenacity and ability to capture conservation and education in one wonderful museum. ITEM # 49093 Council Lady Eure referenced when the Vice Mayor was Chairing the City Council Session on December Eleventh, the applicants were also limited to three minutes. Traditionally the applicant has had sufficient time for his presentation, not limiting them to the same time as the public. Council Lady Eure inquired if the City Council was changing their procedure. Mayor Oberndorf advised she was not aware of any change in procedure. She usually gives the applicant time for presentation and then rebuttal. Councilman Mandigo advised if there are many speakers registered in opposition, and the applicant is allowed extended time to speak, perhaps the opposition should also have more time than three (3) minutes. Mayor Oberndorf advised she always asks the City Council whether they wish three (3) or five (5) minutes. ITEM # 49094 Council Lady Eure advised yesterday, December 17, 2001, she was on Back Bay early in the morningfor about an hour and 'half. Just as they were returning to shore, approximately 5,000 Canadian geese came overhead. This huge formation of geese landed in what wildlife calls "Pool A ". December 18,2001 -9- CITY COUNCIL COMMENTS ITEM # 49095 Councilman Mandigo referenced the concern of a constituent's who does a lot of contracting and subcontracting in the City. Councilman Mandigo has requested the Planning and COMIT Departments devise a method for the subcontractors and contractors to file their applications for emergency permits on the Internet or by fax. The departments will be providing the City Council progress reports. Particularly in an emergency situation on the weekend, many contractors start working prior to the issuance of a permit. This is a violation of the City Code. The concept of utilizing the Internet would improve the service delivery to the subcontractors and contractors. There are approximately 2500 contractors who receive permits every year. ITEM # 49096 Council Lady Parker inquired if the Thirty-first Street issue is listed for discussion during the Closed Session. She had requested this item be discussed. The City Manager advised this item will be discussed during the Closed Session. December 18,2001 - 10- ITEM # 49097 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, December 18,2001, at 3:55 P.M Council Members Present: Margaret L. Eure, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Absent: Linwood O. Branch, IIL William W Harrison, Jr. and Vice Mayor Williams D. Sessoms, Jr. December 18,2001 -11 - ITEM # 49098 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). 31'1 Street Project Open Space Land Acquisitions Norfolk Avenue Property LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to 2.2-3711 (A)(7). Friends of Ferrell Parkway, LL C. and Andrea Kilmer v. City of Virginia Beach, et al City of Virginia Beach v. F. Wayne McLeskey, Jr., et al 31'1 Street Project Upon motion by Councilman Jones, seconded by Councilman Mandigo, City Council voted to proceed into CLOSED SESSION. Voting: 8-0 Council Members Voting Aye: Margaret L Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, IIL William W Harrison, Jr. and Vice Mayor Williams D. Sessoms, Jr. (Time of Closed Session: 3:55 P.M. to 5:20 P.M.) City Council RECESSED to the SCHOOL'S ACCREDITATION OF SOL's. December 18,2001 - 12- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 49099 Upon motion by Councilman Mandigo, seconded by Councilman Jones, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William W Harrison, Jr. and Vice Mayor Williams D. Sessoms, Jr. (CERTIFIED AT 5:22 P.M. PRIOR TO RECESSING FOR SCHOOL'S ACCREDITATION) December 18,2001 i{tsnlutintt CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 49098, page 11, and in accordance with the provisions of The Virginia Freedom of Informa1ion Act; and, WHEREAS: Section 2.2-3711(A) 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. G.~~ Ruth Hodges mith, MMC City Clerk December 18,2001 -13 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 18,2001 6:04 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 18,2001, at 6:04 PM Council Members Present: Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Absent: Vice Mayor Williams D. Sessoms, Jr. INVOCATION' Councilman Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA December 18, 2001 -14 - Item V-F.!. MINUTES ITEM # 49100 Upon motion by Councilman Branch, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 11, 2001 Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: Vice Mayor William D. Sessoms, Jr. Mayor Oberndorf ABSTAINED, as she was not in attendance during the City Council Session of December 11, 2001. The Mayor was accompanying and lending support to her husband, Roger, who was undergoing surgery. December 18,2001 Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: -15 - ITEM # 49101 AGENDA FOR THE FORMAL SESSION December 18,2001 - 16- Item V-H.I. PRESENTATION ITEM # 49102 BEA CH STREET, USA Bobby Melatti, Executive Director - Beach Events, presented results of an informal survey conducted this Summer while operating Beach Street USA. Although unscientific, this survey only cost $10 (charge of the paper to produce). Beach Street, USA was the brainchild of the Resort Leadership Council. The surveys indicate 25% of the respondents live in the City. 99% - felt these programs were suitable for families 90% - advised the free entertainment would influence a return trip 55% - knew in advance of the free fireworks every Friday and Sunday night. 96% - reported Resort was visually appealing 99% - felt safe (1481 out of 1495 surveyed) 95% - rated the experience a "7" out of "10" Mr. Melatti advised one of the effects of the event program was the opportunity to partner with Virginia Beach Schools. When Busch Gardens felt it was not good business sense to continue to supply Beach Street with their famous "Boogie Band", Beach Street, welcomed the chance to showcase the City's own talented students. This has become as entertaining an act as Anheuser Busch ever imagined. These young adults are the City's ambassadors. Their talent and music brought smiles to thousands of children of all ages. Mr. Melatti displayed a "video clip" to give the flavor of the Beach Street experience. Mr. Melatti expressed appreciation and recognized Regina Marsheider of Spectrum puppets, the Beach Street Staff under the direction of L .B. Davis and Roy Newton, Dr. Stephen Ambrose and David Hobson from the Virginia Beach School, Nita Patt and members of the Beach Street Allstars and the Beach Street supervisors. Mr. Melatti asked all to stand and be recognized for all their hard work. The concept for Beach Street was conceived in the public sector by the business association known as the Resort Leadership Council. The two mem responsible for originating and promoting the idea. Bob Mervis and Richard Maddox, worked tirelessly to see this great program come to fruition. Bob never lived to see the development of the amazing concept of Beach Street. B.J. Henley -Baumann, Chairman - Resort Leadership Council, advised several years ago the Resort Leadership Council was resurrected by a group of local tourism related business owners and operators to focus on key issues facing the resort industry. There was no united voice to participate in the political process and to address the major issues. The Resort Leadership Council fulfills this need. A few of the issues which faced the Council were: severe behavioral problems on Atlantic Avenue, improving the overall maintenance of the Resort Area and the need for a state of the art convention center. The end result has been well worth the effort. Tonight, the Council is celebrating one of the accomplishments: Beach Street, USA. Ms. Baumann presented the City ownership of "Beach Street, USA". Mayor Oberndorf expressed appreciation to Mr. Melatti on behalf of all the citizens who call Virginia Beach home. Item V-LI. December 18,2001 .. BEACHSTREET USA - 2001 - SURVEY Staying at a Hotel Visiting for the Day Local Resident Camping Other 901 out of 1518 170 out of 1518 378 out o£1518 21 out 00518 37 out of 1518 59% 11% 25% 1% 2% Were YOU aware of the FREE entertainment at the Oceanfront? Yes 1033 out of 1497 69% No 464 out of 1497 31% Favorite Performer: Hilby 327 out of 1053 All of it 115 out of 1053 Beachstreet All Stars 97 out of 1053 Puppets 83 out of 1053 Magic/Magicians 82 out of 1053 BandslMusic 66 out of 1053 Krindle 62 out of 1053 Gazzo 37 out of 1053 Jazz 20 out of 1053 Street Performers 12 out of 1053 Least Favorite Perlormer: None 128 out of 190 Magic/Magicians 10 out of 190 Gazzo 10 out of 190 Hilby 6 out of 190 31% 11% 9% 8% 8% 6% 6% 4% 2% 1% 67% 5% 5% 3% Did YOU find the entertainment suitable for families? Yes 1429 outo£1445 99% No 16 out of 1445 1% Would the free entertainment influence a return trip to Vir2inia Beach? Yes 1271 out of 1406 90% No 135 out of 1406 10% Are YOU aware of the free entertainment in the parks? Yes 992 out of 1496 66% No 504 out of 1496 34% The "Boardwalk Kaleidoscope" prO2ram takes place daily on the Boardwalk from 4- 7 p.m. Are YOU aware of this pro2ram? Yes 311 out of 1486 21 % No 117'ollto¡'14¡';Ö 7l)°o Did you know there were free fireworks every Friday and Sunday ni2ht? Yes 826 out of 1500 55% No 674 out of 1500 45% Survey, 2001 - page 2 How did you find out about the fireworks? Saw Them 73 out of 409 18% Beachstreet Staff 48 out of 409 12% PosterlBrochure 46 out of 409 11 % Paper 46 out of 409 11 % Family/Friend 43 out of 409 11 % Local 40 out of 409 10% Hotel/Motel 33 out of 409 9% Visit Before 31 out of 409 8% Heard Them 15 out of 409 4% Internet 6 out of 409 2% Have the "Beachstreet" staff and performers been helpful in answering your questions? Yes 1268 out of 1289 98% No 21 out of 1289 2% Have YOU eaten any of the following at a resort restaurant today? Lunch 120outof1518 8% Dinner 3850utof1518 25% Both 541 out of 1518 36% Blank 472outofl518 31% Please share yOU impression of the retail mix along Atlantic Avenue. Good 1107 out of 1473 75% Fair 341 out of 1473 23% Poor 25 out of 1473 2% Have yOU felt safe while strolling the oceanfront? Yes 1481 out of 1495 99% No 14 out of 1495 1% Is the resort area visually appealing to you? Yes 1423 out of 1480 96% No 57 out of 1480 4% On a scale of 1-10. with 10 as the highest. please rate your overall impression of your "Beachstreet" experience. Rate of 1 - 6 71 out of 1483 5% Rate of7 - 10 1412 out ofl483 95% - 17- PUBLIC HEARING ITEM# 49103 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: EXCESS CITY-OWNED PROPERTY: Lot ll-A at Harbour Point (Old Rudee Motel Site) (BEACH - DISTRICT 6) There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. Item V-J. December 18,2001 -18 - 0 RD INAN CESIRESO L UTI 0 NS ITEM# 49104 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, Ordinances 1 (DEFERRED), 2, 4 ale 4(b) (DEFERRED), and 6 of the CONSENT AGENDA. Item 1 was DEFERRED, BY CONSENT, until the City Council Session of January 8, 2002. Item 4 b was DEFERRED INDEFINITELY, BY CONSENT Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 18,2001 - 19- Item V-J.J. 0 RD INAN CES/RESO L UTI 0 NS ITEM# 49105 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council DEFERRED until the City Council Session of January 8, 2001: Ordinance to declare EXCESS PROPERTY on Lot 11 A acquired by the City for Harbor Point Road Extended and exchange said property to F. WAYNE and CHERYL P. McLESKEY for which they will convey Parcel Band C to the City; and, authorize the City Manager to execute an agreement for the exchange of said property. (BEACH - DISTRICT 6) Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 18,2001 ,- ~ 20- Item V-J.2. 0 RD INAN CES/RESO L UTI 0 NS ITEM # 49106 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT from CEDAR COVE ASSOCIATES, LC, a Virginia limited liability company, the dedication of 26,794 square feet of property at the intersection of Adam Keeling Road and Island Lane to be used for future drainage or the banking of wetlands. (LYNNHA VEN - DISTRICT 5) Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 18,2001 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDINANCE NO. AN ORDINANCE TO ACCEPT THE DEDICATION OF A CERTAIN PARCEL OF PROPERTY LOCATED AT THE INTERSECTION OF ADAM KEELING ROAD AND ISLAND LANE IN THE CITY OF VIRGINIA BEACH ON BEHALF OF THE CITY COUNCIL OF VIRGINIA BEACH 1 WHEREAS, Cedar Cove Associates, L C., a Virginia limited liability company, 2 is the owner of a certain parcel of real property containing approximately 26,794 square 3 feetlO.61511 acres, located at the intersection of Adam Keeling Road and Island Lane in 4 the City of Virginia Beach, Virginia and being further described as GPIN 1499-17-6217 (the 5 "Property") as shown on the plat entitled "PLAT SHOWING PROPERTY TO BE 6 CONVEYED TO THE CITY OF VIRGINIA BEACH FROM CEDAR COVE ASSOCIATES, 7 LC. . VIRGINIA BEACH, VIRGINIA", a copy of which is attached hereto as Exhibit A; 8 WHEREAS, Cedar Cove Associates, L C. graciously desires to dedicate the 9 Property to the City of Virginia Beach; WHEREAS, the Department of Public Works has determined that the Property is suitable, inter alia, for drainage purposes; and WHEREAS, pursuant to Section 15.2-1800(A) of the Code of Virginia , 1950, as amended, the City Council may acquire, by gift or devise, title to, or any interests in, any real property, whether improved or unimproved, within its jurisdiction, for any public purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby accepts the offer of Cedar Cove Associates, LC. to dedicate the Property as shown on Exhibit A, attached hereto, and as set forth in the Deed of Dedication, which is attached hereto as Exhibit B, subject to all matters of record. This ordinance shall be effective from the date of its adoption. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of December, 2001. CA- R -1 PREPARED: 10/30/01 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney APPROVED AS TO CONTENT s C, £,U"Ct\. lie Works/Real Estate . 0 000 0 =w 0 000 dO - - 0- = = == = == 0 0 0 c) 00 0 ~ n LOCATION MAP FOR PROPOSED DEDICATION OF PROPERlY TO THE CllY OF VIRGINIA BEACH, VIRGINIA BY CEDAR COVE ASSOCIATES, L.C. 00 0 A~/e ",en SCALE: 1" = 100' PREPARED BY PM' ENG. DRAFT. 05-DEC-2001 INSET NOT TO SCALE 1 :Ii ~; c- "'g §~ ~~ ~§ I;;~ ~~ ~~ OWNER UNKNOWN GPtN 1499 17 3382 5¡- ~ r Mlfñ ::5 :;~ fñ O~ ~~ ~ 3; '" !!!- NCNi OR fQIIMEIII.y JOSEPH F, '" PAMElA T, MONMiAN 0, 8, 3224 PC. 1679 M. 8. 19-4 PC. 27 GPtN 1499 17 2149 !Of' S 85'50'\8' It IillAM IŒEUNGROIill 56' ~ (10\. 8. 48 PG. 28) 271,36' N 85'50'\S' E PlAT 2 MIt 1RI\CT (M." 24 PC. 46 SEE INSET ÐQST, . ¡w NCNi OR 100"""" RO&KT L. '" maMA M. FAa 0,8. 2826 PC. 464 M. 8, 52 PC. 03 GI'IN 1499 17 5164 LOT 1 i:: .; !': NCNi OR fQIIMEIII.Y ROBEKT L. '" THElMA M. FAa 0, 8. 2826 PC. 464 M.8. 52 PC. 03 GPIN 1499 17 7190 !Of 2 /1dOI "' ~ iF f', ò\ z AI'PROYfD'~! C, òÇ'úJVSQk [WE' -~'~;¡*-:;¡8- - (JIY """"""" aT\' OF BEACH, VIIIQN 00.0" N 85'2S'20' It 220.00' /%4/~ LOn ""TIS, 1. PROI'EIOY UNf INFOItMAT1ON 1S..sED ON PlATS, OEIDS, /H) ACTUAL AÐD MfASUOfMEN1S, THIS PlAT IS INIDIDm fOR ACQUI5ß1ON f\JIII'O5ES ONLY AND DOES CXJN5TTI\II'E A """"""'" 5UIMY, 2. MfJU[Wf SOUIIŒ IS BAS8> ON w>aN1A STAn PlANE COOODINAn S"/SIDO, SOUTH ZON< NAD .... /84. CXJOIIDIHATE VAU..O:S - ÐCI'IIBSB> ... INIBINATICIIW. fUT (ONE FOOl" EQUMS ........ Mf[fJIS). fQ =-- ~T':r.'= =-~o THE aT\' Of VIIIGNIA BEACH """" aÐM GTIOVE A>OOCIATlS,LC. 'I\IIQNIIo< ... THE asu<'S OfllCE OF THE 0IIaJIf CXJURT Of THE aT\' OF VlllClNIA IIfAoCH, VIRQNIA, ON - - DAY Of 2OØI. THIS PlAT WAS IEaMD N<D """""'" 10 Rf<DIID IN loW' BOOK '" pAC;( PlAT SHOWING PROPERTY TO BE CONVEYED TO "!HE OTY OF VIRGINIA BEACH """" CEDAR COVE ASSOCIATB, L C, VIRGINIA BEACH, VIIICIN1A SURVEY ØUOfAIJ ENGINfEIIING DMSION DEP""""'" Of I'tJØUC WOIIKS aT\' Of VUIGNIA 1IEAOt, V1OQNIA II ¡.¡ . ¡DA"'5Ð'J9oIIIEI<11,200111SCN.,E,1-. SO' IIDllAWN BY,J\I.ILf1£W """""'"'200111""'. ::::-.-' 171 1>SŒ asu< £"xH 115 IT A N(J;V OR fOIIMWY CITY Of VIRGINIA 8fACH O. 8. 1448 PC. 220 M. 8. 106 PC. 49 GPIN 1499 17 8239 ~ ,.: Š :> Ó> '" Ù> f' ò\ <n ¡:;¡ ci a.. N to .,¡ ~ ~ "- cc is> to Q "'l_~g cr W > a u z ...... :3: ,..... LECEND -- ... (fOUNDt -0- ... CSETJ -- ..... ",. (FOUND) -<>- I'If'E (FOUN)) -a- OOHC. MOt<. (SE1J ~¡' Ii B -+- COII>Ø 0101' SfI) GRAPHIC SC/IlE SCAi£ 1". SO' I I I 0' SO' 100' "'" "'\joyœ\""'- --........."", EXHIBIT B THIS INSTRUMENT PREPARED BY VIRGINIA UEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(3)(3) AND 58.1-81I(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS DEED OF DEDICATION is made this - day of ,200_, by and between CEDAR COVE ASSOCIATES, Lc., a Virginia limited liability company (the . "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"). WITNESSETH: That for and in consideration of the mutual benefits accruing or to be accrued to the parties, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby dedicate, grant and convey to the Grantee, its agents, assigns and/or successors, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, unto the Grantee, the following described property, to wit: ALL THAT certain lot, tract or parcel of land together with improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as "PROPERTY TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH FROM CEDAR GROVE ASSOCIATES, Lc. AREA = 26,794 SQ. FT. = 0.61511 ACRE," as shown on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH FROM CEDAR GROVE ASSOCIATES, LC. VIRGINIA BEACH, VIRGINIA SURVEY BUREAU ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1"=50', dated Septembei-ll, 2001, which said plat is recorded in Map Book -' at page ~, reference to which plat is hereby made for a more particular description thereof. TOGETHER WITH all right, title and interest of the Grantor(s), if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefitting the above described property. GPIN: 1499-17-6217 IT BEING the same property (described as Parcel 2) conveyed to Cedar Cove Associates, LP., by deed dated December 30, 1986, and recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2580, at page 1612. (Certificate of Name Change to Cedar Cove Associates Lc., a Virginia limited liability company, recorded in Deed Book 3179, at page 2172.) This conveyance is made subject to the covenants, conditions, restrictions and easements of record, insofar as they may lawfully affect the aforesaid property. WITNESS the following signature and seal: CEDAR COVE ASSOCIATES, Lc., a Virginia limited liability company By: (SEAL) Margaret A. Twothy Member and Manager STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this - day of ,2001, by Margaret A. Twothy, Member and Manager of Cedar Cove Associates, Lc., a Virginia limited liability company, on its behalf. Notary Public (Alfïx NolaryScal) My commission expires: APPROVED AS TO FORl'v1 ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH' CITY A HORNEY CITY REAL ESTATE AGENT 2 - 21 - Item V-J.3. 0 RD INANCES/RESO L UTI 0 NS ITEM # 49107 Attorney John Richardson advised Larry Branch was the guiding force behind this project to build a statue of John Waring at the 1 'lh Street Park. Rick Romano has been serving as an artist consultant and in the process has contracted a gentleman known as Robert Bricker, a famous Charlottesville Sculptor. The Virginia Beach Foundation, through Ted Clarkson, has enabled the raising of funds to construct the statue. John Waring was a very humble man. John Waring's wife, Elaine and oldest son, Mike were recognized in attendance. Barbara Messner, P.O. Box 514, Phone: 422-1902, spoke in SUPPORT. Upon motion by Councilman Branch, seconded by Council Lady Eure, City Council ADOPTED: Ordinance to authorize the City Manager to execute an agreement with SEA ESCAPE CORP and the VIRGINIA BEACH FOUNDATION re installation and maintenance of a statue of JOHN WAREING in the 17TH STREET PARK at no cost to the City. (BEACH - DISTRICT 6) Voting: 9-1 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 18,2001 1 2 3 4 5 6 7 8 9 10 11 12 . 13 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 39 40 41 42 43 44 45 46 47 48 . 49 50 51 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SEA ESCAPE CORP. AND THE VIRGINIA BEACH FOUNDATION PERTAINING TO THE INSTALLATION AND MAINTENANCE OF A STATUE OF JOHN WAREING IN THE 17TH STREET PARK WHEREAS, the City owns 17th Street east of Atlantic Avenue and maintains a portion of it as an open area for the public; and WHEREAS, Sea Escape Corp. (Sea Escape), a Virginia Corporation, is the owner of the parcel at the northeast corner of Atlantic Avenue and 17th Street; and WHEREAS, the remaining portion of 17th Street east of Atlantic Avenue is currently maintained by the City as a public right-of-way; and WHEREAS, the City and Sea Escape, have established a public park site on the above referenced property pursuant to a Lease and Development Agreement (Agreement) dated December 6, 1994; and WHEREAS, The Virginia Beach Foundation (Foundation), a charitable foundation organized under the laws of the Commonwealth of Virginia, wishes to erect on the property located on 17th Street east of Atlantic Avenue, a statue of John Wareing, in recognition of John Wareing's devotion to the health and well being of the citizens of the City of Virginia Beach; and WHEREAS, Sea Escap~ agrees, and the City, as provided in the Development Agreement, acquiesces to the installation and maintenance of said statue in accordance with the attached Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to execute on behalf of the City of Virginia Beach an agreement with Sea Escape Corporation and The Virginia Beach Foundation in a form substantially as presented in the Agreement which is attached hereto. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of December, 2001. CA-8298 ORDIN\NONCODE\wareing statue ord.wpd (date) R1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~~ ~~ City Atto ney' Office SUMMARY OF TERMS INST ALLATION AND MAINTENANCE AGREEMENT FOR JOHN WAREING STATUE AT 17TH STREET AND ATLANTIC AVENUE PROPERTY PARTIES: PURPOSE: TERM: City of Virginia Beach, Sea Escape Corporation and The Virginia Beach Foundation Allow for the Installation and Maintenance of a Statue on the Property Located at 17th Street and Atlantic Avenue. One year, subject to annual renewals until terminated. RIGHTS AND RESPONSIBILITIES OF FOUNDATION: . Will construct, install and maintain statue upon approval of artist rendering, site plan and statue specifications. Will remove statue upon termination of agreement or within 90 days of written notice of either party. May refurbish statue at its expense. Will obtain and pay for all permits and licenses required from public authorities for initial installation of statue. Will continue to pay for all public permits, inspection fees and licenses in effect during Agreement, including those required for removal of statute. Will retain ownership of statute. Will pay all personal property, sales, rental, use and other taxes on statue or its use. Will have a non-transferrable interest in Agreement unless written consent of other parties received. . . . . . . . RIGHTS AND RESPONSIBILITIES OF CITY: . Will agree to the installation of statue on the 17th Street Park property as per the agreement. Will require immediate removal if statue's condition poses a threat to public health,' safety or welfare. Will have approval rights of artist rendering, site plan and statue specifications. . . City may terminate by providing Foundation ninety (90) days notice prior to the end of the annual term, or immediately upon conditions that pose threat to the public health, safety or welfare. TERMINATION: - 22- Item V-J.4.a/c 0 RD INAN CES/RESO L UTI 0 NS ITEM # 49108 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinances re Composition of Council-appointive Committees and appointment flexibility: a. Resort Advisory Commission c. Youth Services Coordinating Council Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 18,2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 AN ORDINANCE TO REVISE THE COMPOSITION OF THE RESORT ADVISORY COMMISSION 4 Section Amended: City Code § 2-6 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 2-6 of the City Code is hereby amended and 8 reordained to read as follows: 9 Sec. 2-6. Resort advisory commission. (a) There hereby created the resort advisory lS commission wLicL sl1c~.ll COIlsist of at l~ast ~l~v~Il (11) but Ilot Illor~ tLaIl IlirleteeIl (19) flLen,ber s . The members of the commission shall be appointed by the city council to serve terms of three (3) years. A chair and a vice-chair shall be elected from the commission by its members. All members shall be residents of the city. (b) The corllposi tiOI1, governance and administration of the commission shall be accordance with its bylaws, dated In September 22, 1998, and incorporated by reference herein, which bylaws shall not be amended without the prior approval of city council. ltl The commission shall consist of at least eleven (11) , but not more than, nineteen (19 ) members. In selecting members of the commission, the Ci tv Council shall qi ve special consideration to representatives of the VirGinia Beach Hotel/Motel Association, VirGinia Beach Restaurant Association, Resort Retailers Association, VirGinia Beach Division of the Hampton Roads Chamber of Commerce, VirGinia Beach Council of Civic OrGanizations and Resort Leadership Council. The Citv Council shall also appoint to the commission at least three (3) desiGn professionals havinG expertise in the fields of architecture, urban desiqn, land use planninG, landscape architecture, transportation planning, or other 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 desiqn fields relevant to the purposes for which the commission was created. In the event of a conflict between the provisions of this subsection and any other ordinance or bylaw, the provisions of this subsection shall control. -tet 1.Ql This ordinance supersedes tLe reðolutioll Ordinance No. 98-2509, adopted by city council on April 2, 1904, September 22nd, 1998 wllicll eðtabliðlled alld appoillted a reðort area adviðory COILtlLLiððioll. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of December, 2001. CA-8252 wmmordres\02-006ordin.wpd December 10, 2001 R-3 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 2 3 4 5 AN ORDINANCE TO REVISE PROVISIONS PERTAINING TO THE APPOINTMENT OF MEMBERS TO THE YOUTH SERVICES COORDINATING COUNCIL FOR THE CITY OF VIRGINIA BEACH 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Ordinance the City Number 95-2307G, adopted by 9 Council on January 10, which Ordinance created the Youth 1995, Services Coordinating Council (the "Council")and provided for the membership, purposes and other attributes of the Council, be, and hereby is, amended and reordained to read as follows: 2. That the Council include shall (1 ) member, one respectively, from the Court Services Unit, the Police Department, the Department of Social Services, the Department of Public Health, the Department of Mental Health/Mental Retardation/Substance Abuse, the Public Library, the Department of Parks and Recreation, the Department of Housing and Neighborhood Preservation, and the Public School Administration. Additionally, City the Council shall appoiIlt consider for appointment to the Council: one (1) member from the Community Action Resource Empowerment Committee ( CARE) ; two (2 ) are members who actively affiliated with non-profit organizations which provide services youth; to one (1 ) representative from interfaith religious group; two (2 ) an residents of the City who shall be active participants in volunteer non-profit organizations serving the interests of minors; one (1) youth from the Mayor's Youth Council and three ( 3) students from the Virginia Beach Public School system. The Director of the Department of Social Services shall provide interim administrative support to the Council, pending assignment of permanent support staff and budgeting for supplies through the City budget process. 34 35 36 37 38 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of December, 2001. CA-8343 wmm\ordres\youthservordin.wpd December 11, 2001 R-2 2 - 23- Item V-J.4.b. 0 RD INAN CES/RESO L UTI 0 NS ITEM # 49109 Upon motion by Councilman Jones, seconded by Councilman Branch, INDEFINITELY' City Council DEFERRED Ordinances re Composition of Council-appointive Committees and appointment flexibility: b. Review and Allocation Committee (COIG) Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 18,2001 - 24- Item V-J.5. 0 RDINANCES/RESO L UTIONS ITEM # 49110 Mark Wawner, Project Manager Phase I and Phase II Town Center - Economic Development, advised as stated earlier Desman Associates, a nationally recognized parking consultant, who conduct parking studies and structure designs throughout the country have designed the !Jh Street Garage, as well as significant work on Town Center. They have reviewed the mix of development throughout the project and have determined adequate parking is available and, in fact, slightly more than required under their analysis. 2468 parking spaces are being proposed to be provided in both Phase I and Phase II with three(3) separate parking structures. Their analysis dictated a need of2230 parking spaces, which provided the City a comfort factor of approximately 240 parking spaces. Provisions have been instilled in the Memorandum of Understanding that there will be an opportunity to address the parking requirements in the future. Should the City determine on their own that there is a shortage of parking we can require that the developer provide additional parking to make up any observed shortfall in the future. Upon motion by Councilman Branch, seconded by Councilman Mandigo, City Council ADOPTED: Resolution re a non-binding Memorandum of Understanding relating to Phase Il of the Town Center (Central Business District (CBD), requesting execution by the Virginia Beach Development Authori,ty, and authorizing the City Manager and the City Attorney to proceed with the development of supplemental project documents. Voting: 8-0 Council Members Voting Aye: Linwood 0. Branch, IlL Margaret L. Eure, Barbara M Henley, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr and Louis R. Jones Council Members Absent: Vice Mayor William D. Sessoms, Jr. Councilman Harrison ABSTAINED as his law firm provides legal services to Armada Hojjler. Councilman Jones ABSTAINED on Item HI (Town Center) as he is a Stockholder and Member of the Board of Directors of Resource Bank. On June 28,2001, he became aware that Resource Bank had extended lines of credit directly or indirectly to Armada Hojjler. Councilman Jones letter of August 23, 2001, is hereby made a part of the record. December 18, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 5 6 7 8 9 RESOLUTION APPROVING A NON-BINDING MEMORANDUM OF UNDERSTANDING RELATING TO PHASE II OF THE TOWN CENTER (CENTRAL BUSINESS DISTRICT), REQUESTING APPROVAL AND EXECUTION BY THE VIRGINIA BEACH DEVELOPMENT AUTHORITY AND AUTHORIZING THE DEVELOPMENT OF SUPPLEMENTAL PROJECT DOCUMENTS WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have engaged in extensive negotiations with representatives of Armada/Hoffler Development Company, LLC., and its affiliates, regarding the development of a Central Business District Project known as "The Town Center of Virginia Beach" (the "Project"); WHEREAS, the Project is a development arrangement between the Authority and Town Center Associates, LLc. (the "Developer"), for a mixed use commercial development utilizing the structure of an economic development park in the B-3A Pembroke Central Business Core District, an area ofthe City which is zoned to optimize development potential for a mixed-use, pedestrian-oriented, urban activity center with mid -to high-rise structures that contain numerous types of uses, including business, retail, residential, cultural, educational and other public and private use; WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 99- 2567B establishing the Central Business District-South Tax Increment Financing Fund (the "TIF Fund"); WHEREAS, by Ordinance No. 2570Q adopted February 8,2000, the City Council approved development documents for the Project (the "Project Documents") containing a comprehensive development arrangement for the first phase ofthe Project and a conceptual outline of future phases of the Project, requested the Authority to approve and execute the Project Documents and authorized the City Manager to execute a Support Agreement between the City and the Authority; WHEREAS, by Resolution adopted February 15,2000, the Authority approved the Project Documents and thereafter executed the same; WHEREAS, subsequent to the execution of the Project Documents, the parties identified certain necessary and desirable enhancements to Phase I of the Project; 35 36 37 38 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 WHEREAS, by Resolution No. RES-02828 adopted October 10, 2000, the City Council approved a non-binding Letter ofIntent dated October 5, 2000, which set forth necessary and desirable enhancements to the Project and found that the proposed enhancements to the Project would be beneficial to the Project; WHEREAS, as recommended by the Resolution, the Authority approved and executed the Letter ofIntent pursuant to its Resolution adopted October 17,2000; WHEREAS, by Ordinance No. 26l9F adopted February 13,2001, the City Council approved supplemental Project Documents in furtherance of the Letter ofIntent and requested that the Authority approve and execute the supplemental Project Documents; WHEREAS, by Resolution adopted February 20,2001, the Authority approved and executed the supplemental Project Documents; WHEREAS, the Developer has worked with the City Manager and City staff and has proposed minor modifications to Phase I of the Project and a more comprehensive development plan for Phase II ofthe Project than that currently contemplated in the Project Documents; WHEREAS, the Developer has worked with the City Manager and City staff to develop a non-binding Memorandum of Understanding dated November 30,2001 (the "MOU"), which outlines (a) minor modifications to Phase I of the Project, (b) a more comprehensive development plan for Phase II of the Project than that currently contemplated in the Development Agreement and (c) the proposed responsibilities of the City, the Authority and the Developer with respect to Phase I and Phase II of the Project: WHEREAS, a complete copy of the MOD is on file with the City Clerk and was provided to the City Council prior to its December 4, 2001, meeting; WHEREAS, the obligations of the Authority outlined in the MOD would be supported by a support agreement between the City and the Authority (the "Support Agreement") with the traditional public infrastructure costs of the Project to be funded through the City's CIP and other obligations of the Authority; WHEREAS, the Support Agreement between the City and Authority would be structured to be paid, subject to annual appropriation, by the available revenue from the TIF Fund, a special tax district to be established and an additional mechanism for the Developer to pay projected shortfalls in the TIF Fund; 2 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 WHEREAS, the City Council finds that the proposed modifications to Phase I of the Project are necessary and are beneficial to the Project; WHEREAS, the City Council finds that Phase II of the Project will stimulate the City's economy, increase public revenues, enhance public amenities and further the City's development objectives for the Central Business District; and WHEREAS, the City Council desires that the Authority approve and execute the MOU and pursue the development of supplemental Project Documents to be negotiated in substantial conformity with the terms outlined in the MOD. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council approves the non-binding Memorandum of Understanding dated November 30,2001 (the "MOU"), between the City of Virginia Beach Development Authority (the "Authority") and Town Center Associates, LLC. (the "Developer"), a complete copy of which is on file with the City Clerk, which outlines minor modifications to Phase I of the Project and a more comprehensive development plan for Phase II ofthe Project than that currently contemplated in the Development Agreement for the development of a mixed-use commercial development project in the Central Business District utilizing the structure of an economic development park (the "Project)". 2. The City Council requests that the Authority adopt a Resolution consistent with this Resolution approving the MOD, authorizing its execution, and authorizing the City Manager and the City Attorney, on behalf of the Authority, to proceed with the development of supplemental project documents necessary and appropriate to implement the changes to Phase I and Phase II of the Project substantial as outlined in the MOU. 3. On behalf of the City of Virginia Beach, the City Manager and the City Attorney are hereby authorized and directed to proceed with the development of supplemental Project documents necessary and appropriate for the modifications to the Project outlined in the MOD, with such supplemental Project Documents to be in substantial conformity with the terms outlined in the MOU. 3 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 4. The City Manager is directed to return the final supplemental Project Documents for approval by the City Council and the Authority and for authorization to execute the Support Agreement so that the Authority can then proceed with the next phase of the Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 8 thday of December, 2001. CA-8302.res December 12,2001 C:\towncenter.res2. wpd APPROVED AS TO CONTENT: ~~~'(ß ~ Department of Finance APPROVED AS TO LEGAL SUFFICIENCY: 4 - 25 - Item V-J.6. 0 RD INAN CES/RESO L UTI 0 NS ITEM # 49111 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Resolution to request the Virginia Department of Transportation (VDOT) establish a project re improvement of the railroad crossing at Witchduck Road with the City of Virginia Beach agreeing to pay it's share. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 18,2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ESTABLISH A PROJECT FOR THE IMPROVEMENT OF THE RAILROAD CROSSING AT WITCHDUCK ROAD AND AGREEING TO PAY THE CITY'S SHARE OF THE PROJECT 7 Virginia Department of Transportation (VDOT) WHEREAS, 8 construction allocation procedures require that, as a prerequisite 9 to VDOT's programming of an urban highway project, the City Council must adopt a Resolution requesting VDOT to program such project; and WHEREAS, the an City has submitted application to interconnect the Witchduck Road and 1-264 traffic signal with the Witchduck Road railroad grade crossing warning signals, so as to allow the traffic signal to preempt its normal sequence when a train approaches the grade crossing and provide a green signal to clear any traffic that may be queued across the railroad tracks; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach hereby requests the Virginia Department of Transportation to establish a project for the improvement of the railroad crossing at Witchduck Road. BE IT FURTHER RESOLVED: That the City of Virginia Beach hereby agrees to pay its share, consisting of ten per cent (10%) of the total costs of preliminary engineering, right-of-way acquisition and construction of the project, and further agrees that if the City subsequently elects to cancel the project, the City will reimburse the VDOT for the total amount of costs expended by VDOT through the date it is notified of such cancellation. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of CA-8337 wmm\ordres\VDOTres.wpd December 4, 2001 R-1 APPROVED AS TO CONTENT: XZ ß£7 ¿;;;: k Department of Public Works December , 2001. APPROVED AS TO LEGAL SUFFICIENCY: _hilkøllf./~~ Law Department 2 Item V-K. PLANNING 1. ATLANTIC SHORES RETIREMENT 2. OLD BRANDON INVESTMENT COMPANY, LLC 3. HOME DEPOT 4. WAWA, INC 5. FRANK DOCZI 6. CITY ZONING ORDINANCE - 26- ITEM # 49112 MODIFICATION OF CONDITION #1 (Approved 3/24/98 CUP) STREET CLOSURE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT AMEND §§ 1703 AND 1704 fallow duplex dwellings/ADOPT criteria in the B-4(SD) Resort Commercial District December 18,2001 -27- Item V-K. PLANNING ITEM # 49113 Upon motion by Councilman Branch, seconded by Councilman Mandigo, City Council APPROVED in ONE MOTION Items 1,2,5 (DEFERRED) and 6 of the PLANNING BY CONSENT AGENDA. Item K.5 was DEFERRED, BY CONSENT, until the City Council Session of January 8, 2002. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood o. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. Councilman Harrison ABSTAINED on K.2. (OLD BRANDON) as the applicant is a client of his law firm Council Lady Henley DISCLOSED and ABSTAINED, Pursuant to Section 2.2-3114(E), Code of Virginia on Item K.5. (DOCZI) that she is a partial owner of property located adjacent to the applicant at 1613 Pleasant Ridge Road. The City Attorney has advised her that she is required to disclose her personal interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act, and that she is disqualified from participation in this transaction. Council Lady Henley's letter of December 18, 2001, is hereby made a part of the record. December 18,2001 - 28- Item V-K.I. PLANNING ITEM # 49114 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council MODIFIED TO ALLOWCONSTRUCTION OF TWO SIX-STOR Y MIDSIZEBUILDINGS WITH CONDITIONS on the March 24, 1998, approved application of ATLANTIC SHORES RETIREMENT COMMUNITY, LLC, ATLANTIC SHORES COOPERATIVE ASSOCIATION, INC: Application of Atlantic Shores Retirement Community, LLc, Atlantic Shores Cooperative Association, Inc., for the modification of conditions placed on the application for a conditional use permit for a retirement community on March 12, 1990. Property is located at 1200 Atlantic Shores Drive. PRINCESS ANNE BOROUGH The following conditions shall be required: 1. All conditions, with the exception of Number One (1), attached to the Modification of Conditions granted by the City Council on March 24, 1998, remain in effect. 2. Condition Number One (1) of the March 24, 1998, Modification of Conditions is deleted and replaced with the following: The total number of units for this pro;ect will not exceed 760 units. The unit count is 133 Villa Units (existin~). 258 Apartment Units (existin~). 260 Apartment Units (proposed on Convertible Land F). 45 Villa or Assisted Livin~ Apartment Units (proposed on Convertible Land E) for a total of 696. The remainin~ 64 units are reserved for the eastern portion of the property at this time. The unit type on Convertible Land E can be either villa type or assisted livin~ apartment type, but cannot exceed one story. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 18,2001 - 29- Item V-K.2. PLANNING ITEM # 49115 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council DEFERRED TO CITY COUNCIL SESSION OF JANUAR Y 8, 2002, Ordinance upon application of OLD BRANDON INVESTMENT COMPANY, LLC, for the discontinuance. closure and abandonment of a portion of Old Providence Road: Ordinance upon Application of Old Brandon Investment Company, LL c., for the discontinuance, closure and abandonment of a portion of Old Providence Road beginning at a point 209.38 feet west of the intersection of Indian River Road and Providence Road. Said parcel contains 13,748 square feet. DISTRICT 1 - CENTERVILLE. Voting: 9-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL Margaret L Eure" Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: William W Harrison, Jr. Council Members Absent: William D. Sessoms, Jr. Councilman Harrison ABSTAINED as the applicant is a client of his law firm. December 18,2001 Item V-K.3. PLANNING - 30- ITEM # 49116 Randy Royal, Engineering Services, Phone: 468-6800, represented the applicant Tom Henricks, Project Manager, The Home Depot, 38975 Cumberland Parkway, Atlanta, Georgia 30339 Phone: (770) 801-3557 Robert Morris, Store Manager, The Home Depot, 3352 Virginia Beach Boulevard, Phone: 340-5804 Anthony Hardock, 401 King James Court, Phone: 463-0157, represented Kings Point, requested the addition of certain conditions. A MOTION was made by Councilman Harrison, seconded by Councilman Jones, to DEFER an Ordinance upon application of HOME DEPOT for a Conditional Use Permit. Said motion was WITHDRA WN Upon motion by Councilman Harrison, seconded by Councilman Jones, City Council ADOPTED the Ordinance upon application of HOME DEPOT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE HOME DEPOT FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD RO12013099 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of The Home Depot for a Conditional Use Permit for a bulk storage yard on the west of King Richard Road, 500 feet more or less north of Virginia Beach Boulevard (GPIN #1487-85-1584; #1487- 75-8542). Said parcel is located at 3352 Virginia Beach Boulevard and contains 12.95 acres. DISTRICT 5 -LYNNHAVEN. The following conditions shall be required: 1. The perimeter of the storage area shall be fenced as shown on the submitted plan entitled, "The Home Depot, Seasonal Sales - Elevations, Celebration Station - Virginia Beach, Virginia," drawn by CASCO, on file in the Department of Planning. 2. The storage area shall be contained within the 63-foot by 95-foot area specified on the submitted plan entitled, "Preliminary Site Plan for Seasonal Display Area at the Home Depot," by Engineering Services, Inc., and dated 1 0/04/01. All materials for sale or materials being stored shall be contained within the specified area. There shall be no materials in the adjacent parking spaces, parking lot drive aisles, or parking lot landscape islands. 3. The perimeter of the area shall be landscaped as indicated on the site plan described in Condition 2. 4. There shall be no lighting installed within the area, on the fence, or immediately adjacent to the area. 5. There shall be no signage installed within the area, on the fence, or immediately adjacent to the area other than professionally prepared traffic control signs. Hand-lettered signs shall not be utilized. 6. The area between the northern side of the storage yard and the sidewalk in front of the Garden Center shall be stripped and signed to indicate that extreme caution is necessary due to pedestrians and vehicles entering and exiting the storage area. December 18,2001 Item V-K.3. PLANNING - 31 - ITEM # 49116 (Continued) 7. Exiting landscaping along the western and eastern sides of the main building, between the drive aisles and Little Neck Road (western side) and King Richard Drive (eastern side), shall be supplemented through the installation of wax myrtles. Wax myrtles shall be installed from the end of any existing plantings along the northern side of the building to a point approximately equivalent to the front plane of the main building. The wax myrtles shall be allowed to mature to a height of approximately six feet to serve as a visual screen between the roadways and the areas along the side and rear of the building. Maintenance of the wax myrtles, while they are maturing to the specified height in order to ensure that the adjacent drive aisles and sidewalks are not impeded, is permissible. 8. A site plan consistent with the requirements of the Site Plan Ordinance shall be submitted to the Planning Department within 60 days of the approval of this permit by the City Council. Construction of the enclosure required by Condition 1 shall commence within 120 days of approval of this use permit by the City Council. 9. The existin~ chain link fence alon~ the east side of the Garden Center shall be outfitted with black plastic slats to conceal the merchandise inside. 10. The Home Depot shall eliminate all noise between the hours of 10 p.m. and 7 a.m. by: a. Having no forklifts operating outside or in the Garden Center b. Having no loading or offloading of trailers in the loading dock or at the sides or rear of the store c. Having no trucks idling in the loading dock or at the sides or rear of the store d. Having no contracted service vehicles operating e. Having no music playing over the Garden Center speakers f Having no operation of the emergency generator for preventive maintenance reasons 11. The Home Depot shall attempt to eliminate all unnecessary noise caused by the compactor between the hours of 10 PM and 7 AM by limiting its usage, buffering and making physical improvements, to be approved by the Planning Director. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of December, Two Thousand One Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 18,2001 - 32- Item V-K.4. PLANNING ITEM # 49117 Attorney R. E. Bourdon, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilman Mandigo, seconded by Council Lady Eure, City Council ADOPTED, AS REVISED, an Ordinance upon Application ofWA W A, INc., a Pennsylvania corporation,jor a Conditional Use Permit for an automobile service station with a convenience and carrv-out food store: ORDINANCE UPON APPLICATION OF WA WA, INc., A PENNSYL VANIA CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE AND CARRY-OUT FOOD STORE RO12013100 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application ofWawa, Inc., a Pennsylvania corporationfor a Conditional Use Permit for an automobile service station in conjunction with a convenience and carry-out food store on certain property located at the southeast corner of South Independence Boulevard and Holland Road (GPIN #1476-77-7606; #1476-77-9683; #1476-77-9594). Said parcel contains 3.16 acres. DISTRICT 2 - KEMPSVILLE. The following conditions shall be required: 1. The site shall be developed in substantial conformance with the submitted site plan entitled, "Conceptual Site Layout and Landscape Plan of Wawa @ Independence/Holland Island, Virginia Beach, Virginia," dated 10/29/01, prepared by MSA, P.c. However, modifications to the plan shall be made as follows: a. A row of Leyland Cypress trees shall be installed along the northside of the stormwater management facility for the purpose of screening the rear of the building from South Independence Boulevard and Silverleaf Drive b Foundation landscaping shall be added to the full length of the sides of the building, except for entryways c Additional landscaping, acceptable to the Director of Planning, shall be added to the area to remain vacant at the corner of Holland Road and Silverleaf Drive d Additional right-of-way shall be reserved to accommodate right and left turn lanes on Holland Road e. A one-foot no ingress/egress easement shall be shown along South Independence Boulevard and Holland Road, except at the one approved access point f The right turn lane proposed for Holland Road shall be extended to the intersection of Holland Road and Silverleaf Drive g. Pedestrian walkways to the convenience store shall be provided from the sidewalks along each of the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance 2. The design, materials, and colors of the building and canopy shall be constructed in substantial conformance with the submitted elevations entitled, "Wawa Food Market, Independence Boulevard and Holland Road, " dated 1 0/29/01, prepared by Lynch Martinez Architects, LLc. However, the individual parking bollards depicted on the elevations, except for the four in front of the glass, shall not be installed. December 18,2001 Item V-K.4. PLANNING - 33- ITEM # 49117 (Continued) 3. Freestanding and building mounted signs on the site shall be installed as depicted on the plan entitled, "Proposed WawaFood Market, Independence Boulevard and Holland Road Sign age Plan," dated 10/29/01, prepared by Wawa Inc. Engineering Department. However, these signs must meet all requirements of Sec. 905(b) of the City Zoning Ordinance. In addition, the freestanding sign shall not exceed eight feet in height. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall shall be permitted on the window area. With the exception of traffic control signs and those allowed by this condition, there shall be no other signs {neon signs or neon accents} installed on any wall area of the exterior of the building, windows and/or doors, canopy, canopy supports, light poles, or any other portion of the site 4. All interior property lines shall be vacated 5. No outdoor vending machines and/or display of merchandise shall be allowed 6. Bicycle racks shall be provided near the entrance of the store 7. The canopy lighting shall be low level and recessed. The lumen level shall not exceed 50 lumens under the canopy. Verification, by a pre-approved third party source, such as an electrical engineer, of the lumens level shall be submitted to the currant Planning Division of the City of Virginia Beach Planning Department before the issuance of the Certificate of Occupancy 8. Planting pits shall be backfilled with thirty-six (36) inches of topsoil 9. Trees shall be planted at least two (2) feet from the edge of the landscape island 10. No left turn lane traffic from TJrOTJertv onto Holland Road This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of December, Two Thousand One Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 18,2001 - 34- Item V-K.S. PLANNING ITEM # 49118 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council DEFERRED TO CITY COUNCIL SESSION OF JANUARY 8, 2002, Ordinance upon application of FRANK DOCZI for a Conditional Use Permit for a riding academy and boarding horses: ORDINANCE UPON APPLICATION OF FRANK DOCZI FOR A CONDITIONAL USE PERMIT FOR A RIDING ACADEMY AND BOARDING HORSES BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Frank Doczi for a Conditional Use Permit for a riding academy and boarding horses at the southwest intersection of Pleasant Ridge Road and Charity NeckRoad (GPIN#2411-58-8925). Said parcel is located at 1613 Pleasant Ridge Road and contains 20.2 acres. DISTRICT 7 - PRINCESS ANNE. Voting: 9-0 (By Consent) Council Members Voting Aye: Linwood o. Branch, IlL Margaret L. Eure, William W Harrison, Jr., Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Barbara M Henley Council Members Absent: Vice Mayor William D. Sessoms, Jr. Council Lady Henley DISCLOSED and ABSTAINED, Pursuant to Section 2.2-3114(E), Code of Virginia on Item K. 5. (DOCZI) that she is a partial owner of property located adjacent to the applicant at 1613 Pleasant Ridge Road. The City Attorney has advised her that she is required to disclose her personal interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act, and that she is disqualified from participation in this transaction. Council Lady Henley's letter of December 18, 2001, is hereby made a part of the record. December 18,2001 City e>f Virgir1ia Beach BARBARA M. HENLEY COUNCILWOMAN - PUNGO BOROUGH (804) 426-7501 FAX (804) 426-5669 3513 CHARITY NECK ROAD VIRGINIA BEACH, VIRGINIA 23456 December 18,2001 Mrs. Ruth Hodges Smith, CMC City Clerk Municipal Center Virginia Beach, VA 23456 Re: Abstention Pursuant to Section 2.2-3114(E), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-31 14(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an application for a conditional use permit for property located at 1613 Pleasant Ridge Road. 2. The nature of my personal interest is that I am a partial owner of property located adjacent to that at 1613 Pleasant Ridge Road. 3. The City Attorney has advised me that I am required to disclose my personal interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act, and that I am disqualified from participating in this transaction. Mrs. Ruth Hodges Smith -2- December 18, 2001 Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addressed this same matter. Thank you for your assistance and cooperation in this matter. ~ ffJ.~ Councilmember Barbara M. Henley Virginia Beach City Council B MH/RRI Enclosure City e>f Virgi:r1ia. I3ea.ch LESLIE L. LILLEY CITY ATTORNEY MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TOO (757) 427-4305 In Reply Please Refer to OP- 732 December 18,2001 Councilmember Barbara M. Henley Virginia Beach City Council Municipal Center Virginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilmember Henley: I am writing in response to your request for an opinion as to whether you are precluded from participating in City Council's discussion of, and votes on, an application for a conditional use permit for property located at 1613 Pleasant Ridge Road. SUMMARY CONCLUSION Based on my review of the State and Local Government Conflict of Interests Act and the facts provided by you, I am of the opinion that you have a personal interest in the application for a conditional use permit. Therefore, the Conflicts of Interest Act would prohibit you from participating in City Council's discussion of, and votes on, the application. I base the aforesaid conclusion on the following facts which you have presented. Please review and verify the accuracy of the facts set forth herein as you may only rely upon this opinion to the extent that those facts are complete and accurate. Proud ReciPient of the 1998 U. S. Senate Medallion of Excellence for Productivity and QJtality in the Public Sector. Counci1member Barabra M. Henley -2- December 18,2001 FACTS PRESENTED Frank Doczi has applied for a conditional use permit for his property located at 1613 Pleasant Ridge Road (the "Doczi property"). He seeks permission to establish a horse boarding facility and riding academy on his property, which is located in an Agricultural District. You and members of your family own property (the "Murden property") which is adjacent to Mr. Doczi's property, and the value of your interest in the Murden property exceeds $10,000. ISSUE PRESENTED May you may participate in City Council's discussion of, and votes on, the application for a conditional use permit for property located at 1613 Pleasant Ridge Road? D ISCUSSI ON/CON CL USI 0 N The State and Local Government Conflict of Interests Act is set forth in § 2.2-3100 et seq. of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal interests of an officer or employee of state or local government in the transactions of, and contracts with, the governmental or advisory agency of which he or she is a member. "Personal interest" is defined in § 2.2-3101 of the Act as [ a] financial benefit or liability accruing to an officer or employee or a member of his immediate family. Such interest shall exist by reason of (i) ownership in a business ifthe ownership interest exceeds three percent of the total equity of the business; (ii) annual income that exceeds, or may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property or any combination thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; or (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business. Pursuant to §2.2-31 0 1 of the Act, a "personal interest in a transaction" exists when an officer or employee or a member of his immediate family has a personal interest in property or a business, or represents any individual or business and such property, business, or represented Councilmember Barabra M. Henley -3- December 18,2001 individual or business (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency considering the transaction. Based on these definitions, you have a "personal interest" in the Murden property by virtue of your ownership interest which exceeds $10,000 in value. The critical inquiry, therefore, is whether, because of your personal interest in the Murden property, you have a "personal interest in a transaction" concerning the application for a conditional use permit for the adjacent Doczi property. Based upon the facts presented, the Murden property is not the subject of the transaction. The final step in the "personal interest in a transaction" analysis is to determine whether it is reasonably foreseeable that the Murden property may realize a direct or indirect benefit or detriment as a result of City Council's consideration of the application. If City Council grants Doczi a conditional use permit, it is reasonably foreseeable that the establishment of a horse boarding facility and a riding academy will result in increased vehicular traffic in the immediate vicinity ofthe Doczi property.! Further, one ofthe conditions placed on the conditional use permit concerns the location of the entrance, which could be close to the Murden property. Because the Murden property is adjacent to the Doczi property, it is reasonably foreseeable that the Murden property may realize a direct or indirect benefit or detriment as a result of City Council's consideration of the application. Therefore, it is my opinion that the Act precludes you from participating in the Council's discussion of, and vote on, the application. Please contact me should you desire any additional information. Very truly yours, ~~ City Attorney LLL/RRI I At the Planning Commission's hearing on this matter, opposition to the conditional use permit was based on an anticipated increase in vehicular traffic and concerns about road conditions. - 35 - Item V-K.6. PLANNING ITEM # 49119 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND § § 1703 and 1704 of the City Zoning Ordinance (CZO) to allow duplex dwellinfJs as a permitted use in the Shore Drive Overlay District and to ADOPT criteria for duplex dwellings in the B-4 (SD) Resort Commercial District. (LYNNHA VEN - DISTRICT 5) Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 18,2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND SECTIONS 1703 AND 1704 OF THE CITY ZONING ORDINANCE TO ALLOW DUPLEX DWELLINGS AS A PERMITTED USE IN THE B-4 (SO) RESORT COMMERCIAL DISTRICT (SHORE DRIVE OVERLAY DISTRICT) AND TO ADOPT CRITERIA FOR DUPLEX DWELLINGS IN THE B-4 (SO) RESORT COMMERCIAL DISTRICT (SHORE DRIVE OVERLAY DISTRICT) 9 SECTIONS AMENDED: CZO §§ 1703 and 1704 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 1703 and 1704 of the City Zoning Ordinance are hereby amended and reordained to read as follows: Sec. 1703. Use regulations. (a) Principal uses. Subject to general requirements and to the regulations of the underlying zoning district, all uses and structures permitted as principal uses in the underlying zoning district in which they are located shall be permitted as principal uses within the Shore Drive Corridor Overlay District, except the following: (1 ) Hotels and motels in the B-4 (SO) Resort Commercial District; (2) Multiple-family dwellings in the B-4(SD) Resort Commercial District; (3) Attached dwellings in the B-4 (SO) Resort Commercial District; (4 ) Boat sales in the B-4(SD) Resort Commercial or B-2(SD) Community Business Districts; and (5 ) Commercial parking lots, parking garages and storage garages located in the B-4 (SO) or Commercial Resort B-2(SD) Community Business Districts. In addition, the followinG uses shall be permitted within the Shore Drive Corridor Overlay District, al thoUGh not allowed as principal uses in the underlyinG zoninG district: 37 38 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 III Sec. 1 7 0 4 . Duplex Dwellings Resort Commercial in the B-4 (SD) Districts. Dimensional and other requirements; density; landscape screening and buffering. Subject to the provisions of Section 1703 of this ordinance, dimensional and other requirements for uses and structures located within the Shore Drive Corridor Overlay District shall be as specified in the underling zoning district; provided, however, that l£l (SD) Resort The followinG chart lists the requirements within the B-4 Commercial District Drive ( Shore Corridor Overlay District) for minimum lot area, width, yard spacing and maximum lot coveraGe for duplex dwellinGs. (SD) Resort District: III ßl. lJ.l ill.. l2L 1.Ql. For duplex dwellinGs in the B-4 Commercial District (Shore Drive Corridor Overlay Duplexes Minimum lot area 10,000 square feet Minimum lot width 75 feet Minimum front yard 20 feet Minimum front yard setback when adlacent to a 40-foot riqht-of-way created in accordance with section 4.1(m) of the subdivision ordinance 25 feet Minimum side yard 10 feet Minimum side yard setback when adlacent to a street 15 feet 2 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 J.1ì ill in Minimum side yard setback when adlacent to a 40- foot riaht-of-way created in accordance with section 4.1(m) of the subdivision ordinance 20 feet Minimum rear yard 20 feet As an exception, the setback for any yard adjacent to the Chesapeake Bay for any struc- tures shall be 30 feet in the B-4 (SO) District l1Ql Maximum lot coveraae J.l.ll ll2l. 35 percent Maximum total of building floor area and area of aarages areater than 1,000 SQuare feet expressed as a percentaae of maximum allow- able lot coveraae 200 percent Maximum area of impervious cover, as defined in 103 of the Chesapeake Bay Preserva- tion Area Ordinance, expressed as a percentaae of lot size 60 percent Adopted by the City Council of the City of Virginia Beach, Virginia, on this 18th day of December, 2001. CA-8232 DATA\ORDIN\PROPOSED\czo17030rd.wpd R3 October 26, 2001 3 - 36- Item V-M.l. ITEM # 49120 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). 3]'1 Street Project LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to 2.2-3711 (A)(7). 3Ft Street Project and related contractual negotiations Upon motion by Council Lady Parker, seconded by Councilman Mandigo, City Council voted to proceed into CLOSED SESSION. Voting: 9-0 Council Members Voting Aye: Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Vice Mayor Williams D. Sessoms, Jr. (Time of Closed Session: 7:55 to 8:26 P.M.) December 18,2001 - 37- Item V-No CERTIFICATION OF CLOSED SESSION ITEM #49121 Upon motion by Councilman Harrison, seconded by Council Lady Eure, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Linwood o. Branch, IIL Louis R. Jones and Vice Mayor Williams D. Sessoms, Jr. December 18,2001 Irønlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 49120, page 36, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A) 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. ~~~ Ruth Hodges Smith, MMC City Clerk December 18,2001 - 38- Item V-O. ADJOURNMENT ITEM # 49122 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:26 P.M. @~~~:-~;:-< Á; Chief Deputy City Clerk {J ~~~~/_~ :Z;;;~~:~7:žth, MMC City Clerk - -- -- --- - - -- -- -- -- -- --- -- -- -- ---- Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 18,2001