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Home My WebLink AboutMARCH 26, 2002 MINUTESCi CITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6 MARGARET L EURE, Centervtlle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Pnncess Anne - District 7 LOUIS R JONES, Baystde - Dlstru t 4 REBA S McCLANAN, Rose Hall - District 3 ROBERT C MANDIGO, JR, Kempsvllle - District 2 NANCY K PARKER, At-Large ROSEMARY WII_~ON, At-Large JAMES K SPORE, City Manager LESLIE L LILLEY, City Attorney RUTH HODGES-SMITH, MMC, City Clerk of Vir inia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING ! 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@ctty vtrgtnta-beach va us March 26, 2002 I. CITY COUNCIL'S BRIEFING - Conference Room - 3:00PM Ao VIRGINIA BEACH DEVELOPMENT AUTHORITY - Debt Status Robert G. Jones, Chairman, Virginia Beach Development Authority II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room- 4:00PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. INVOCATION: Reverend James R. Wolfcale Atlantic Shores Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES - March 12, 2002 G. AGENDA FOR FORMAL SESSION H. PRESENTATION o RESOURCE MANAGEMENT PLAN - FY 2002 - 2003 - Budget CAPITAL IMPROVEMENT PROGRAM - FY 2002/03 - 2007/08 I. PUBLIC HEARING 1. LEASE OF CITY PROPERTY (Elbow Road Extended) - Pnncess Anne Little League 2. LEASES OF CITY PROPERTY - Caf6 Franchise Agreements J. ORDINANCES/RESOLUTION Ordinance to AUTHORIZE the City Manager to execute a lease between the City and PRINCESS ANNE LITTLE LEAGUE, INC. f/k/a GREEN RUN LITTLE LEAGUE re construction of a youth baseball facility. (PRINCESS ANNE - DISTRICT 7) 2. Ordinance granting operation of Open Air Cafes in the Resort Area: a. NEW FRANCHISES (1) Colonial Inn, Inc. t/a Angelo's Restaurant Boardwalk Caf6 2809 Atlantic Avenue (2) Sandcastle Oceanfront Motel, Inc t/a SeaSide Galley Boardwalk Caf6 14th and Atlantic Avenue b. RENEWAL FRANCHISES (1) Atlantic Resort Associates t/a 1 lth St. Oceanfront Diner Boardwalk Caf6 1101 Atlantic Avenue (2) HWC Investments, Inc t/a Stacey's Boardwalk Caf6 3301 Atlantic Avenue (3) Tamplco Enterprises Inc., t/a Abbey Road Atlantic Avenue Sidewalk Caf6 203 22nd Street (4) Colonial Inn, Inc. t/a Carey's Restaurant Boardwalk Caf6 2809 Atlantic Avenue (5) Island Republic, Inc. t/a Island Republic Boardwalk Caf6 1905 Atlantm Avenue (6) Ocean Sands Resort, LLC t/a Casablanca Bistro Boardwalk Caf6 2207 Atlantic Avenue (7) Barclay Restaurant t/a London Pavlhon Boardwalk Caf6 809 Atlantic Avenue (8) Days Inn Oceanfront t/a Timbuktu Caf6 Boardwalk Caf6 3107 Atlantic Avenue (9) Marlanna Enterprises t/a Little Feets Boardwalk Caf6 2613 Atlantic Avenue (10) Atlantic Enterprises t/a Elhngton's Boardwalk Caf6 2901 Atlantic Avenue (11) Burlage Hotel Associates t/a LaVeme's Chlx Caf6 Boardwalk Caf6 701 Atlantic Avenue (12) Resorts of Virgima Beach, Inc. t/a Peppers Atlantic Avenue Sidewalk Caf6 225 17th Street (13) Ramada on the Beach, L.C. t/a Mahi Mah's Boardwalk Caf6 615 Atlantic Avenue (14) Ramada on the Beach, L.C. t/a Mahi Mah's Connector Park Caf~ 615 Atlantic Avenue (15) BBH Corporation t/a T-Bird Caf6 Boardwalk Caf6 3410 Atlantic Avenue (16) DAP, Inc t/a 22nd Street Raw & Grill Atlantic Avenue Side Street Caf6 202 22nd Street (17) Clearwater Investments Assoc., L.P. Boardwalk Caf6 t/a Dolphin Watch Caf6 3501 Atlantic Avenue (18) Megabytes, L.L.C. t/a Salsa's Restaurant Atlantic Avenue Sidewalk Caf6 812 Atlantic Avenue (19) Ahata, Inc. t/a Pier 23 Restaurant Atlantic Avenue Side Street Caf6 2224 Atlantic Avenue 3. Resolutions re Vlrglma Department of Transportation (VDOT): ao Add 15.02 lane miles of new streets eligible for urban maintenance effective July 1, 2002; and, increase applicable revenue of $133,318.16 per year. bo Increase 4.66 lane miles of local/collector streets inventory; and, increase applicable revenue of $61,240.28 per year. K. PLANNING Applications of WEST NECK PROPERTIES, INC. at the northeast comer of West Neck and Indian River Roads (3132 West Neck Road), contalmng 87.215 acres. (DISTRICT 7 - PRINCESS ANNE) (a) Variance to § 4.4(b) of the Subdivision Ordinance re the thirty (30)-foot mlmmum pavement width for interior streets (b) Change ofZomng Dtstrtct Classtficatton from AG-1 and AG-2 Agricultural to Conditional R-15 Residential (c) Con&ttonal Use Permtt re Open Space Promotion Deferred: January 22, 2002 February 5, 2002 March 5, 2002 Recommendation: APPROVAL . Application of MAXINE JOHNSON for a Variance to §4.4(b) of the Subdivision Ordinance which reqmres all newly created lots meet all requirements of the C~ty Zoning Ordinance (CZO) at 1648 WaffRoad. (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL . . Application of ATLANTIC SHORES BAPTIST CHURCH for a Conchttonal Use Permtt for a church expansion on Kempsville Road east of Centervllle Turnpike (1861 Kempsville Road), containing 14.67 acres. (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL Application of PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED for a Concltttonal Use Permtt re a borrow pit on the south side of Sandbridge Road, 720 feet east of Princess Anne Road, containing 64.911 acres. (PRINCESS ANNE- DISTRICT 7) Deferred: Staff Recommendation: Planning Commission: January 22, 2002 INDEFINITE DEFERRAL APPROVAL/add condition #9 . Application of PRINCESS ANNE LITTLE LEAGUE f/k/a GREEN RUN LITTLE LEAGUE, for a Conchttonal Use Permtt for recreation facilities of an outdoor nature on the east side of Llsban Road, south of Elbow Road Extended, containing 28.4 acres. (PRINCESS ANNE- DISTRICT 7) Recommendation: APPROVAL Lo APPOINTMENTS ARTS AND HUMANITIES COMMISSION COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION SHORE DRIVE ADVISORY COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION THE PLANNING COUNCIL VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - February 2002 O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing ~mpa~red, call TDD only 427-4305 (TDD - Telephomc Dewce for the Deaf) 03/21/02slb AGENDA\03/26/02 www vbgov com 2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE - FINAL I EVEN I] .oPIC II LOCATION I[ DATE Council Workshop Cultural & Recreational Opportunities, Family & Youth Council Conference April 2nd Opportunities room Courted Workshop Quality Education for L~fetime Learning Council Conference April 9th room Council Workshop Quality Physical Enwronment & Operational Support Council Conference April 16th room Pubhc Hearing Public Comment on Proposed FY 2002-2003 Resource Management Frank W. Cox High April 18th Plan School 6 PM Council Workshop Safe Community Famdy and Youth Opportunities Councd Conference April 23rd room Pubbc Hearing Pubhc Comment on Proposed FY 2002-2003 Resource Management Council Chamber April 23rd Plan 6 PM Council Workshop Reconcfl~atmn of outstanding resource issues Council Conference May 9th room 3 PM Adoption of FY 2002-2003 City Council Vote on Resource Management Plan Councd Chamber May 14t~ Resource Management 6 PM Plan (will include Public Hearing) OUR #K~1°'~ MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 26, 2002 Vtce Mayor Wdham D Sessoms, Jr called to order the Ctty Manager's Brtefing re the DEVELOPMENT ,4 UTHORITY- Debt Status tn the Ctty Counctl Conference Room, City Hall Butldtng, on Tuesday, March 26, 2002, at 3 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr and Vtce Mayor Wdham D Sessoms, Jr Counctl Members Absent Mayor Meyera E Oberndorf Margaret L Eure, Wtlham W Harrtson, Jr Nancy K Parker [Very tll wtth bronchttts] [Eye Surgery, Entered 4 O0 P M] [Entered 3 32 P M] [Entered 3 07 P MI Rosemary Wtlson [Entered 3 07 P M] -2- CITY MANA GER 'S BRIEFING VIRGINIA BEA CH DEVELOPMENT AUTHORITY- Debt Status 3:00 P.M. ITEM g49428 Robert G Jones, Chatrman- Virgtma Beach Development Authortty (VBDA), &splayed a facstmtle ora Bank of America Deed of Trust Note, January 20, 1993, in the amount of $9,950,000 Thts note was patd tn full at 3 O0 P M, Friday, March 22, 2002 Vtce Mayor Sessoms, Counctlman Jones -Ltatsons to the Development Authority, wtth the Ctty Manager, Economtc Develpment Dtrector Don Maxwell and Chatrman Jones symbolically shredded the note Ytce Mayor Sessoms and Ctty Counctl congratulated the Development Authority for thts accompltshment Chairman Jones acknowledged the asststance and recogntzed former Vtce Mayor Robert Fentress, Member of the Development Authortty, Economtc Development - Donald Maxwell -Dtrector, Robert RuM - Business Development and Markettng Co-Ordtnator, Mark Wawner - Project Development Co-Ordtnator, Lorte Retmann - Accountant, Cynthta Whttbred-Spanouhs - Strategy and Performance Co-Ordtnator Chatrman Jones advised stnce the Development Authortty's creation tn 1964, the VBDA has changed and evolved Prtor to the Tax Reform Act of 1986, the VBDA was prtnctpally tnvolved tn fostertng the economtc development of the Ctty by tssutng Industrtal Revenue Bonds In addttton to IRBs, the VBDA acttvely developed a number of bustness parks tn the Ctty In recent years, the Authority has become an tnvestment arm for the City and taken upon a large, if not clearly de. fined, tdenttty Development business has been conducted by the VBDA wtthout appropriattons from the City. VBDA's tncome has been enttrely dertved from Industrtal Development Revenue Bonds and land sales The Economtc Development Investment Program (EDIP) ts a pro-acttve and creattve grant tntttattve provtdtng tncenttves and asststance prtnctpally for prtvate sector job creatton The Ctty Council now approprtates 7¢ per pack for the ctgarette tax directly to VBDA for thts economtc development acttvtty The EDIP amount from the ctgarette tax has been budgeted at $1,771,000 and the estimate for next year has been lowered for the esttmate for next year wtth a lower esttmateforfuture years orS1, 753,000 Funds for tnvestmentfor real property acqutstttons have been dertved from both jqnanctal tnstttuttons and the Ctty Impacts The VBDA has assisted local and relocating business with the following: Industrial Revenue Bonds Number of bonds issued - 455 Dollar amount of lRBs issued - $1.25-BILLION Economic Development Investment Program (EDIP) Issued 92 EDIP grants worth $14,570,000 Creation/retention of 17, 777jobs Capital investments totaling $535,000,000 VBDA reinvests land sale proceeds to develop infrastructure and acquire land for corporate parks No annual appropriation is received from City Council for the operation of the VBDA, with the exception of EDIP funds Impact Summary Total Acreage Sold 1,399 Acres Total Assessed Value $669 8-MILLION Number of Compames 677 Total square footage 1 O, 317, 215 Total Employment tn VBDA Properttes 12,207 Total Annual Real Estate Taxes $8 17-MILLION Cumulattve Real Estate Taxes $67 7-MILLION Infrastructure Constructed (wtth VBDA funds) $ 5 4-MILLION March 26, 2002 -3- CITY MANA GER 'S BRIEFING VIRGINIA BEACH DEVELOPMENT AUTHORITY- Debt Status ITEM g49428 (Continued) VBDA LOANS First Unition National Bank Outstan&ng Balance - $5,974,315 Use to acquire land beyond Phase I of Town Center Land to be purchased by Town Center Assoctates, LLC, No later than December 2006 Secured by Performance Bond from TCA Lease Revenue bonds Outstanding Balance - $8,368,9804 Use to purchase Social Servtces Facthty Rental paymentsfrom the Ctty cover requtred debt servtce payments Advances from the City Ctty has made 22 funchng advances to the VBDA for use tn land acqutsttton and development of office parks In 1995, five (5) outstanchng notes were consohdated tnto one note Current outstanding balance: $7,491,468 Principal $6,256,137 Accrued Interest $1,235,331 History of Current Note Date Prtnctpal Interest Prtnctpal 12/31/74 $ 300,000 $ 295,430 $ 0 03/31/76 $ 215,805 $ 277,909 $ 0 12/27/91 $ 500,000 $ 118,077 $ 0 05/26/92 $ 250,000 $ 51,783 $ 0 01/04/93 $4,990,332 $ 492,132 $ 0 06/30/95 $ 0 $ 0 $7,491,468 Totals $6,256,13 7 $1,235,331 $ 7, 491,468 Future Requirements Infrastructure funding reqmrements To complete Corporate Lan&ng Business Park, between $3 0 and $5 5- Mtlhon (esttmated) will be reqmred for addtttonal tnfrastructure Phase II tnfrastructure provtdes for constructton of two roadways, one sewer pump station and three lakes Future land acqutstttons Approxtmately 230 acres rematn avatlable wtthtn the corporate parks The abthty to attract high wage jobs depends upon the avatlabthty of developed land and sites tn attracttve locattons March 26, 2002 -4- CITY MANA GER 'S BRIEFING VIRGINIA BEACH DEVELOPMENT AUTHORITY- Debt Status ITEM #49428 (Continued) The Vtrgtnta Beach Development Authortty ts requesting a reconcthatton and recharactertzatton of the Ctty Advance durtng the FY 2002-03 Budget process, to asstst tn the conttnuatton of the economic development mtsston of both the Ctty Counctl and the VBDA Chatrman Jones advtsed the type of bustnesses contacted by the Economic Development Alliance are not always those which the CtS. of Vtrgtnta Beach would enhst t e telemarkettng firms DonaM Maxwell, Dtrector- Economtc Development, advtsed worktng durtng the past twelve months wtth the Economtc Development Alltance and thetr staff The Alltance now has target markets stmtlar to the Ctty's and thts plan has been tntttated There have been no new firms brought tn through the Economtc Development Alltance thts past year This ts the Stxth year the Ctty has contrtbuted to the Economtc Development Alltance Different agenctes are tnvolved tn the various roles March 26, 2002 -S- AGENDA RE VIEW SESSION 3:35 P.M. ITEM g49429 J 1. Or&nance to AUTHORIZE the Cay Manager to execute a lease between the City and PRINCESS ANNE LITTLE LEA GUE, INC. f/k/a GREEN RUNLITTLE LEAGUE re constructton of a youth baseball facility (PRINCESS ANNE - DISTRICT 7) Counctl Lady Parker referenced the concerns of Mrs Moore, an adjacent resident, concermng con&tions Douglas Cherry, Parks and Recreation, advtsed relative the tssues raised by the Civtc League, the landscape buffer wtll be addressed tn the lease The tssues of traffic and access to the property wtll be handled durtng the permttttng process The issue wtth Ltttle League parktng has been addressed wtthtn the destgn of the facthty All of the Ltttle League parktng wtll be accommodated on-site There are concerns wtth overflow parking tssues related to the Soccer complex. Parks and Recreatton ts worktng to solve thts parttcular tssue Mr Cherry had spoken wtth Mrs Moore thts morntng Counctlman Man&go advtsed, as thts Corrtdor ts developed wtth sports, the Ctty wtll probably requtre asststance relative tntegratton and scheduhng of tournaments Councd Lady Henley expressed apprectatton to Doug Cherry, Sara Hensley and her staff for their coot&natron wtth the netghborhoods to help allevtate thetr concerns She also appreciates the asststance of Mrs Moore and her Ctvtc League ITEM g49430 BY CONSENSUS, the following shah compose the CONSENT AGENDA: ORDINANCES/RESOL UTION J1 Or&nance to AUTHORIZE the Ctty Manager to execute a lease between the Ctty and PRINCESS ANNE LITTLE LEAGUE, INC. f/k/a GREEN R UN LITTLE LEA GUE re constructton o fa youth baseball facility (PRINCESS ANNE - DISTRICT 7) J 20r&nance granttng operation of Open Atr Cafes tn the Resort Area a NEW FRANCHISES (1) Colomal Inn, Inc t/a Angelo's Restaurant Boardwalk Cafd 2809 Atlantic Avenue (2) Sandcastle Oceanfront Motel, Inc t/a Sea&de Galley Boardwalk Cafd 14th and Atlanttc Avenue b RENEWAL FRANCHISES (0 Atlanttc Resort Assoctates t?a 11th St Oceanfront Diner Boardwalk Cafd 1101 Atlanttc Avenue (2) HWC Investments, Inc t/a Stacey's Boardwalk Cafd 3301 Atlanttc Avenue (3) Tamptco Enterprises Inc, t/a Abbey Road A danttc A venue &dewalk Cafd 203 22"'t Street (4) Colomal Inn, Inc t/a Carey's Restaurant Boardwalk Cafd 2809 Atlantic Avenue (5) Island Repubhc, Inc t?a Island Repubhc Boardwalk Cafd 1905 Atlantw Avenue (6) Ocean Sands Resort, LLC t?a Casablanca Btstro Boardwalk Cafd 2207 Atlanttc Avenue March 26, 2002 -6- AGENDA RE VIEW SESSION ITEM g49430 (Continued) (7) Barclay Restaurant t?a London Pavthon Boardwalk Cafd 809 Atlantic Avenue (8) Days Inn Oceanfront t/a Timbuktu Cafd Boardwalk Cafd 3107 Atlanttc Avenue (9) Martanna Enterprises t/a Ltttle Feets Boardwalk Cafd 2613 Atlanttc Avenue (10)Atlanttc Enterprises t/a Elhngton's Boardwalk Cafd 2901 Atlanttc Avenue (1 OBurlage Hotel Assoctates t/a La Verne's Chtx Cafd Boardwalk Cafd 701 Atlanttc Avenue (12)Resorts of Vtrgtnta Beach, Inc t/a Peppers A tlantlc A venue Stdewalk Cafd 225 17~h Street (13)Ramada on the Beach, L C t/a Maht Mah 's Boardwalk Cafd 615 Atlanttc Avenue (14) Ramada on the Beach, L C t/a Maht Mah's Connector Park Cafd 615 Atlantic Avenue (15) BBH Corporation t/a T-BtM Cafd Boardwalk Cafd 3410 Atlanttc Avenue (16) DAP, Inc t/a 22~a Street Raw &Grtll Atlantic Avenue Side Street Cafd 202 22~a Street (17)Clearwater Investments Assoc , L P t/a Dolphtn Watch Cafd Boardwalk Cafd 350] Atlanttc Avenue (18) Megabytes, L L C t/a Salsa's Restaurant Atlanttc A venue Stdewalk Cafd 812 Atlanttc Avenue (19) Ahata, Inc t/a Pter 23 Restaurant Atlanttc Avenue Stde Street Caf~ 2224 Atlanttc Avenue J 3 Resoluttons re Vtrgtnta Department ofTransportatton (VDOT) Add 15 02 lane miles of new streets ehgtbleforurban matntenance effective July 1, 2002, and, tncrease apphcable revenue of $133, 318 16per year b Increase 4 66 lane mtles of local~collector streets tnventory, and, tncrease apphcable revenue of $61,240 28 per year. Councd Lady Parker wtll ABSTAIN on 2a (1), 2b (4), (7) and (11) March 26, 2002 _ AGENDA RE VIEW SESSION ITEM # 49431 K 1 Apphcattons of WEST NECK PROPERTIES, INC. at the northeast corner of West Neck and In&an Rtver Roads (3132 West Neck Road), contatmng 87 215 acres (DISTRICT 7 - PRINCESS ANNE) a Yartance to ~ 4 4(b) of the Subdivision Ordtnance re the thirty (30)-foot mtntmum pavement wtdth for tntertor streets b Change of Zomng Dtstrtct Classtficatton from AG-1 andAG-2 Agrtcultural District to Condtttonal R-15 Restdenttal Dtstrtct c Conchttonal Use Permtt re Open Space Promotion Attorney Edward Bourdon has requested a DEFERRAL unttl the Cay Counctl Sesston of Aprtl 9, 2002, to comply wtth the proffers recommended by the Ctty Staff Counctl Lady Henley did not object to the DEFERRAL to April 9th, but ts not able to support an tndefintte one or to support the apphcatton Counctl Lady Henley ts concerned relattve the number of lots Counctlman Branch wtshed to vtew the apphcatton submttted whtch had larger lot stzes Mr Scott wtll provtde coptes Counctlman Harrtson wtshed the ortgtnal plan wtth the larger lot stzes run through the Ctty's evaluation process Counctlman Jones concurred as he was not comfortable wtth the 1 O, 000 square foot lots ITEM # 49432 K 4 Apphcatton of PRINCESSBORO DEVELOPMENT COMPANY, INCORPORA TED for a Conchttonal Use Permtt re a borrow pit on the south stde of Sandbrtdge Road, 720 feet east of Prmcess Anne Road, contamtng 64.911 acres (PRINCESS ANNE - DISTRICT 7) Attorney Edward Bourdon requested WITHDRAWAL. Counctl Lady Henley requested Robert Scott and Stephen }Vhtte - Planmng, advise the Red Mtll PTA, the Red Mtll and the Lagomar Ctvtc Leagues (as the orgamzed groups and individuals affected) be contacted prtor to the Session relative the proposed Wtthdrawal Counctl Lady Henley advtsed of extenstve opposttton tn many areas relattve the apphcatton ITEM # 49433 B Y CONSENSUS, the followtng shall compose the PLANNING BY CONSENTAGENDA: K 1 Apphcattons of WEST NECK PROPERTIES, INC. at the northeast corner of West Neck and Inchan Rtver Roads (3132 West Neck Road), contatntng 87 215 acres. (DISTRICT 7 - PRINCESS ANNE) a Vartance to 3~ 4 4(b) of the Subchvtston Or&nance re the thtrty (30)-foot mtntmum pavement wtdth for tntertor streets b Change o_f Zomng Dtstrtct Classtficatton from AG-1 andAG-2 Agrtcultural Dtstrtct to Condtttonal R-15 Restdenttal Dtstrtct c Condtttonal Use Permtt re Open Space Promotton March 26, 2002 -8- AGENDA RE VIE W SESSION ITEM # 49433 (Continued) K2 K3 K4 K5. Apphcatton of MAXINE JOHNSON for a Vartance to ~4 4(b) of the Subdtvtston Or&nance whtch requtres all newly created lots meet all requtrements of the Ctty Zonmg Ordtnance (CZO) at 1648 Waff Road (DISTRICT 1 - CENTER VILLE) Apphcatton of ATLANTIC SHORES BAPTIST CHURCH for a Condittonal Use Permttfor a church expansion on Kempsvtlle Road east of Centervtlle Turnptke (1861 Kempsvtlle Road), contatnmg 14 67 acres (DISTRICT 1 - CENTER VILLE) Appltcatton of PRINCESSBORO DEVELOPMENT COMPANY, INCORPORA TED for a Condtttonal Use Permtt re a borrow pit on the south stde of Sandbrtdge Road, 720 feet east of Prtncess Anne Road, contatnmg 64 911 acres. (PRINCESS ANNE - DISTRICT 7) Apphcatton of PRINCESS ANNE LITTLE LEA GUE f/k/a GREEN RUN LITTLE LEAGUE, for a Condtttonal Use Perrntt for recreatton facthttes of an outdoor nature on the east stde of Ltsban Road, south of Elbow Road Extended, contatntng 28. 4 acres (PRINCESS ANNE - DISTRICT 7) Item K 1 DEFERRED, BY CONSENT, unttl the City Counctl Sesston of Aprd 9, 2002 Item K 4 wtll be WITHDRA ~ BY CONSENT March 26, 2002 -9- CITY COUNCIL COMMENTS 3:48 P.M. ITEM # 49434 Councd Lady McClanan expressed concerns re the repatr at Lynnhaven Road and Sabre Road Thts work was started two weeks ago, but never finished ITEM # 49435 Counctlman Mandigo advised the return of the Atr Wtng to Oceana thts mormngfrom Afghamstan The rest of the battle group will be returning tomorrow, March 27, 2002 As Counctlman Man&go was unable to attend, he wtshed to acknowledge the mthtary's unselfish dechcatton to the war on terrortsm Counctl Lady Parker advtsed the Mayor ts very tll but was there to welcome the atrmen home ITEM # 49436 Counctl Lady Wtlson referenced a ctttzen's concern relattve the dtfficulty wtth theplanntngprocess Stephen White-Planntng, advtsed each of the apphcatton forms Changes ofZontng, Condtttonal Use Permtts, Street Closures, have three pages tn the begtnntng detaihng the process "step by step". Mr Whtte wtll revtew these and stmphfy the chrecttons wtth a flow chart Contact persons are hsted on the apphcatton Counctl Lady McClanan expressed concerns of apphcants relattve betng tnformed tn ttme to respond to the addtttonal required tnformatton There use to be a "time chart" Counctl Lady Henley referenced recetpt of proJect updates from the Development Services Center Many ttmes there ts a notatton concermng a chsapproval on a certatn date and then tt ts not unttl several months later that the apphcant ts tnformed and forced to resubmit March 26, 2002 -10- ITEM # 4943 7 Vice Mayor Wdham D Sessoms, Jr., called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the City Counctl Conference Room, Ctty Hall Bud&ng, on Tuesday, March 12, 2002, at 3.56PM Counctl Members Present Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S. McClanan, Robert C Man&go, Jr, Nancy K Parker, Wilham D Sessoms, Jr and Rosemary Wtlson Council Members Absent Mayor Meyera E Oberndorf, Ltnwood O. Branch, III, Margaret L Eure March 26, 2002 -ll- ITEM # 49438 Vtce Mayor Wilham D Sessoms, Jr, entertained a motion to permtt City Counctl to conduct its CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, &sctphntng, or restgnatton of spectfic pubhc officers, appomtees, or employees pursuant to Section 2 1-344 (A) (1) To }Fit Appotntments Boards and Commisstons Arts and Humantttes Commtsston Communtty Servtces Board Human Rights Commtsston Shore Drtve Advtsory Commtttee Ttdewater Regtonal Group Home Commtsston Planntng Counctl Vtrgtnta Beach Health Servtces Advtsory Board PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqmsttton of real property for a pubhc purpose, or of the &sposttton of pubhcly-held real property, where &scusston tn an open meetmg would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Oceanfront tssues- 40 to 45th Streets Acqutsttton of Property - Lynnhaven Dtstrtct LEGAL MATTERS Consultatton with legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advice by counselpursuant to Sectton 2 1-344(A)(7) Oceanfront tssues- 40 to 45th Streets Upon motion by Counctlman Harrtson, seconded by Councilman Jones, Ctty Counctl voted to proceed into CLOSED SESSION. Voting 8-0 Councd Members Vottng Aye Wtlham W Harrtson, Jr Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Wtlham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf, Ltnwood 0 Branch, III and, Margaret L Eure (Time of Closed Session: 3:56 P.M. to 5:50 P.M.) March 26, 2002 - 12- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL March 26, 2002 6:00 P.M. Vtce Mayor Wdham D Sessoms, Jr, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butl&ng, on Tuesday, March 26, 2002, at 6 O0 P M Councd Members Present. Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, dr, Barbara M Henley, Louts R Jones, Reba S. McClanan, Robert C. Man&go, Jr, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Absent Mayor Meyera E Oberndorf [Very tll wtth Brochttts] INVOCATION Reverend James R Wolfcale Atlanttc Shores Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, being a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, either tn&vtdually or tn hts capactty as an officer of Wachovta Bank whtch recently merged with Ftrst Unton National Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms' letter February 5, 2002, ts hereby made apart of the record March 26, 2002 Item V-E. -13- CER TIFICA TION OF CLOSED SESSION ITEM # 49439 Upon motton by Councd Lady Parker, seconded by Councdman Harrison, Ctty Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meeting requtrements by Vtrgtnta law were chscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convening the Closed Sesston were heard, &scussed or considered by Vtrgtnta Beach Ctty Counctl Vottng 10-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S. McClanan, Robert C Man&go, Jr, Nancy K. Parker, Vtce Mayor ~Vtlltam D. Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Mayor Meyera E Oberndorf March 26, 2002 OUR g~.~'°~ RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 49438, page 11, 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 Vlrgima law. NOW, THEREFORE, BE IT RESOLVED: That the V~rgima 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 pubhc business matters as were ~dentified in the motion convening this Closed Session were heard, d~scussed or considered by Virginia Beach City Counml. l~uth Hodges~Smit'h, MMC City Clerk March 26, 2002 - 14- Item V-F. 1. MINUTES ITEM # 49440 Upon motion by Councdman Harrtson, seconded by Councilman Man&go, Ctty Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of March 12, 2002. Vottng 10-0 Counctl Members Voting Aye. Ltnwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Mayor Meyera E Oberndorf March 26, 2002 Item V-G.I. - 15- ADOPT AGENDA FOR FORMAL SESSION ITEM # 49441 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION March 26, 2002 Item V-L1. -16- PUBLIC HEARING ITEM # 49442 Vtce Mayor Sessoms DECLARED .4 PUBLIC HEARING LEASE OF CITY PROPERTY (Elbow Road Extended) - Princess Anne Little League There being no speakers, V~ce Mayor Sessoms CLOSED THE PUBLIC HEARING (This was brought forward prior to the RESOURCE MANAGEMENT PLAN- FY 2002 - 2003 - Budget CAPITAL IMPROVEMENT PROGRAM- FY 2002/03 - 2007/08 Presentation) March 26, 2002 THE VIRGINIAN-PILOT Sunday, March 1'/, 2002 CITY 0~ VIRGINIA BEACH NOTICE OF PUBL/¢ RF..ARINQ LEASE OF CITY PROPERTY A1 Interested pemo~s nm hereby advised that the VlsRInia BeBch City Ccuncll v,ill hold a p~bJ~c hearfng om Tuesday, M;~Cl126, ~02at 6.00 p.m. IA the City CourcII Clmmbers of the Admlnl;tration Bmlldtr~ (Brdg #~) to obt~h pul~lic comment [epdlngthe lee,e CII~ owned property on E~ow ;oad E.xtendee In the NewcasUe. Pdrc. eten area te Pdrces; Nme UttJe I.~a~u~, Inc., f/k/a 6mu Run Uttle L~a~ue, A~y que~Uon$ c~ncarninli ~is ma~te~ slmuld be dbacted ~ M~, D~u~ Cherry, Parl~ & Recfeatle~ CGerdlrator, In person in Build .I~A the WgrLI8 Beach Munx:lpad Cer~tm or I:y phone by c~l[ng 553-1100. If you are phymcalJy disabled, heanng er visually impaired and need 8s,qsta~ce ~t this meeUnl, plesse calk the City Clerk's efface at 4:ZT-430~ vorcE or n:)O by Frfday, ~arm 22, Ru, tl~ Hogties SmIle, MMC C~ Cled Item V-L2. -17- PUBLIC HEARING ITEM ii 49443 Vtce Mayor Sessoms DECLARED A PUBLIC HEARING LEASES OF CITY PROPERTY- Cafd Franchtse Agreements There betng no speakers, Vice Mayor Sessoms CLOSED THE PUBLIC HEARING (This was brought forward prior to the RESOURCE MANAGEMENT PLAN- FY 2002 - 2003 - Budget CAPITAL IMPROVEMENT PROGRAM- FY 2002/03 - 2007/08 Presentation) March 26, 2002 THE BEACON Sunday, March 17, 2002 PUBLIC NOTICE LEASES OF CITY PROPERTY The Vlrgmta Beach City Councd will hold a PUBLIC HEARING at 6.00 p m on Tuesday, March 26. 2002, tn the City Councd chambers regarding the proposed cafe franchise lease agreements of Cdy~wned property, as der,ned below. Atlantic Resort Associates t/a 11th St. Oce~nhont Dhmf (1101 Atlantic Avenue) HWC Investments, inc. t/a Stacey'a (3301 Atlantic Avenue) Tampico Enteq)dtee thc., t/a Abbey Rood (203 22nd Street) Colonial Inn, Inc. t/a Camy's Restaurant (:2609 Atlantic Avenue) Colonial Inn, Inc. t/a Angelo's Restaurant (2809 Atlantic Avenue) bland Republic, In~. t/a Island RepuMl~ (1905 Atlantic Avmme) Ocean Sands Resort, LLC t/a Casablanca Bistro (2207 Atlantic Ave.) ]Barclay Restaurant t/a London Pavilion (809 AtienUc Avenue) Days Inn Qceanhont t/a Timbuktu Caf~ (3107 AUantlc Avenue) Maflamm Entaq)flses t/a Little Feets (26/3 AUentic Avenue) Atlantic Enterprises t/a Ellington'e (2901 Atlantic Avenue) Burlap Hotel Associates t/a LaVema'e Chlx Caf& ('/01 Atlantic Ave) Resorts of Vi~,inla Beach, In~. t/a Peppers (228 17th Street) Ramada on the Beach, L.C. t/a MaMMah'a (615 Atlantic Avenue) (boardwalk cafe) Ramada on the Beach, L.C. t/a Mahl Mah'a (616 Atlantic Avenue) (connector park caf&) BBN Corporation t/a T-Bhd Caf~ (3410 Atlantic Avenue) DAP, Inc. t/a 22nd Street Raw & Grill (202 22nd Street) Clearwater Investments Associates, L.P. t/a Dolphin Watch Call (3501 AtienUc Ave.) Megabytes, L. LC. t/a Salaa'e Restaurant (812 Atlantic Avenue) Ahata, Inc. t/a Pier 23 Restaurant (2224 Atlantic Avenue) Sandcastles Oceanfront Motel, Inc. t/a SeaSide Galley (14th and Atlantic Avenue) The purpose of thts public hearing v~ll be to obtain public comment off these leases of City property. Any quesUons concermng these mat tars should be d,rected to Mike Eason, Resort Coordinator, Depart mens of Convention and Visitor Development, by calling (7571 437*4800 If you are physically disabled, or hearing or visually impaired, and you need ass,stance at this meeting, please call 427-4306 Voice/TDO Ruth Hedges Smith. MMC City Clerk Item V-I.$. - 18- ITEM # 49444 Vtce Mayor Sessoms recogmzed the followtng Boy Scouts tn attendance to earn the Ctttzenshtp tn Commumty Merit Badge. TROOP 407 Sponsored by: Bow Creek Presbyterian Church David Reed Assistant Scout Master March 26, 2002 Item V-H. 1. - 19- PRESENTATION ITEM # 49445 RESOURCE MANAGEMENT PLAN- FY 2002 - 2003 - Budget CAPITAL IMPROVEMENT PROGRAM- FY 2002/03- 2007/08 Steven Thompson, Chtef Ftnanctal Officer, advtsed on January 1, 2003, Vtrgtnta Beach wdl celebrate tts Fortteth (40tn) Anmversary The cover of the RESOURCE MANAGEMENT PLAN- FY 2002 - 2003 - Budget CAPITAL IMPROVEMENT PROGRAM- FY 2002/03- 2007/08 reflects the celebratton of the Ctty's forty (40) years as a vtbrant communtty Mr Thompson presented shdes whtch revtewed brtefly the progress of the last forty years and moved forward tnto the future as deptcted tn the Resource Management Plan, the City 's pohcy document. Forty (40)years ago the populatton of Vtrgtnta Beach was shghtly more than 100,000 and fewer than 34,000 homes The communtty was rural tn nature, but was begtnntng to expertence a growth that defines Vtrgtnta Beach today In 1963, student enrollment was growtng approxtmately 3,500 new students annually and the Ctty was strugghng to construct 125 new classrooms each year In 1964, the Chesapeake Bay Brtdge Tunnel opened Two new streets were betng constructed tn 1965 General Booth and lndependence Boulevards (2-lane roads) The Toll road whtch became 1-44 and ulttmately 1-264 was undergotng constructton. The Ctty Hall butldtng did not extst The 1962 Operating Budget totaled less than $20-MILLION, provtchng the same bastc services as today, but certatnly wtth a different scale, tncluchng approxtmately $900, O00 for public safety, $350, O00 for garbage service/refuse collection and $900, O00 for highway maintenance By compartson today's proposed Operating Budget includes nearly $96-MILLION forpublic safety, $9.9-MILLION for refuse collection and $12-MILLION for highway maintenance The Capttal lmprovement Program provtdes for the constructton of stx (6) roads over a 6-yearpertod Many of the facthttes constructed earher tn the Ctty's history are stdl tn use, however, the changes tn communtty needs and tmprovements relattve dehvery of servtces requtre renewal or replacement of these facthttes Thts Ctty Councd has emphasized school moderntzatton and our school moderntzatton program has been underway stnce 1997 The moderntzatton program has renovated and expanded four (4) schools and twelve (12) more are programed at a total cost of $140-MILLION Through the City~School Revenue Shartng Pohcy, substanttal funchng ts provtded for educatton tn grades K through 12 Thts year, $125-MILLIONmore ts betngprovtded than requtred under the State's standarsds of quahty The Dome was an tcon of the commumty and destgned to provtde for conferences and commumty uses Thts facihty was replaced tn 1980 by the Pavthon Conventton Center toprovtde a state-of-the-art facdtty, servtng as a desttnatton for conventtons and a cultural meettngplace The proposed Capttal Improvement Program (CIP) includes replacement of the Pavihon with a 200, 000 square foot facthty More than 10% of the total annual school enrollment for the State was occurrtng tn Vtrgtnta Beach tn 1965 Today's school enrollment has leveled to approxtmately 76,000 students and this stabthty has allowed the school system to focus on provtchng quahty educattonal programmtng The City's focus and commttment has been to matntatn bastc servtces, desptte changes tn the Ctty's economy and the State's budget shortfall Our commttment ts to matntatn extsttng tnfrastructure including utthty hnes, buddtngs and roads to protect extsttng tnvestments The Ctty's status, as an tcon of the safest communtttes of our stze tn the Untted States, must be matntatned Quahty educattonal opportunities must be assured for our ctttzens The Ctty needs to conttnually address the need for open space and recreattonal opportuntttes The focus ts on bastc servtces, but at the same ttme, and no less tmportant, ts the need to butld and dtverstfy the economy to help matntatn our "commumtyfor a hfettme" Betng 12feet above sea level wdl make deahng wtth stormwater runoffa constantproblem Last year, Ctty Counctl adopted a 3-year tncrease tn the Stormwater fee to provtde needed funds to continue to address neighborhood flood projects There are over 3,400 mdes of roadway and 330 stgnahzed intersections matntatned by the Ctty In addttton to the $12-MILLION provtded by the Operattng Budget for road and brtdge matntenance, there ts an addtttonal $65 7-MILLION tn the Capttal Budget as well Mr Thompson ctted the Ttdewater Communtty College expanston, Town Center project and the Rudee Loop property acqutsttton Relative state budget tmpacts, mental health ts lostng over $500,000, whtch wtll reduce the Ctty's capactty to provtde servtce to 500 clients. The Shertff's office ts expecttng to see a reductton tn the Compensation Board revenues of $1.2-MILLION The Regional Detention Home lost 51% of a $2- MILLlON grant, whtch provtdes alternattves to sentenctng authortzatton for Juvende Court Judges None of these program spectfic revenues have been replaced wtth Ctty funds Catheryn Whttesell, Dtrector- Management Servtces, advtsed thts Budget reflects the lowest growth (3 2%) stnce 1993 March 26, 2002 Item V-H. 1. PRESENTATION - 20 - ITEM # 49445 (Continued) Operating Budget Summary FY2002-2003 FY 2001-02 FY 2002-03 Percent Change Adjusted Budget Proposed Budget Ctty Operattons $ 495,497,217 $ 508,847,801 270% School Operattons 562, 914, 716 581,888,186 3 40°/6o Capttal Projects 3 7, 608, 361 36, 460, 846 (3 10%) Debt Servtce 97, 384, 928 104, 524, 706 7 30°//o Total $1,193,405,222 $1,231,721,539 3 20% Operating Budget Revenue Summary FY2002-2003 Adjusted FY 2001-02 Proposed FY 2002-03 Percent Change Revenue Shartng $ 493,177,916 $ 516,623,434 48% Formula Other Taxes 86, 883, 610 88, 969, 792 2 4% Fees 157,001,947 163,546,122 4 2% State Revenues 359,208, 650 366,227, 720 2 0% Federal Revenues 83, 4 73, 836 83, 698,164 0 3 % Fund Reserves 13, 659,263 12, 656, 307 (7 3%) Total $1,193,405,222 $1,231, 721,539 3 2% Mrs Whttesell advtsed only one tax increase and one fee increase are tncluded in thts Operattng Budget ts Reinstatement of the Personal Property Tax on boats to $100per $100 of assessed valuatton New fee charged to commerctal busmesses for fire tnspecttons and retnspecttons Operating Budget Highlights $274-MILLION for Schools Fire Inspections/Permit Fees Volunteer EMS Recruitment Public Safety Analyst Staffing for E-911 Additional Before/After School Programs Additional Engineering and Inspection for Construction projects Convention and Tourism Sales staffing Staff for aid to children and families (Fathers-In-training) program Road Maintenance reduction Weights and Measures Tightening of various accounts Employee Compensation Adjustments: Health Care Contribution moves from $2,520 to $3,155 Compression adjustments of $2OO per year up to seven years in compressed titles 2% structural adjustments to all ranges on July 1 along with market based range adjustments as needed 3.5% merit to eligible employees March 26, 2002 Item V-H. 1. PRESENTATION - 21 - ITEM # 49445 (Continued) Capital Budget and Capital Improvement Program Overview Total Including Appropriations to Date ,4pproved FY 2001-02 FY2006-2007 Proposed FY 2002-03 FY2007-09 Percent Change Ctty Improvements $1,002, 736,834 $1,090,684,030 8 77% School Improvements 418, 829, 952 404, 403, 642 (3 40) % Uttltttes Improvements 414, 734,457 247,449,516 (40 30)% TOTAL: $1,836,301,243 $1, 742,537,188 ( 5.11)% CIP HIGHLIGHTS School Modernization projects Fire and Rescue Station Replacement Rudee Loop Property Acquisition TCC Expansion New Emergency Communications and Operations Center Princess Anne Library Opening Roadways Projects Streetlight Additions Rudee Inlet Dredging Municipal State Park 2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE - FINAL II o,,c II LOCATION il DATE Council Workshop Economic V~tallty Council Conference Aprd 2nd Cultural & Recreational Opportumt~es room Pobcy and Decision Support Council Workshop Quality Education and Life Long Learning Council Conference April 9th room Council Workshop Quality Physical Environment Council Conference April 16th Operational Support room Public Hearing Pubbc Comment on Proposed FY 2002-2003 Resource Management Frank W. Cox High April 18th Plan School 6 PM Council Workshop Safe Community Council Conference April 23rd Family and Youth Opportunities room Pubhc Hearing Public Comment on Proposed FY 2002-2003 Resource Management Councd Chamber April 23rd Plan 6 PM Council Workshop Reconcallat~on of outstanding resource issues Council Conference May 9m room 3 PM Adoption of FY 2002-2003 Caty Council Vote on Resource Management Plan Council Chamber May 14m Resource Management 6 PM Plan (will include Pubhc Hearing) Two of the projects, the Town Center and 31st Street, were destgned to generate a postttve tncome flow ($6 9- Mtllton) to the Ctty The Convention Center and the Performtng ,4rts Theatre are communtty type projects The Center ts expected to cover tts Operating Costs, but is not expected to cover tts debt servtce Thus, these two projects wtll have more of a negattve flow to the Budget Ms Whttesell advtsed CD's of the Resource Management Plan wtll be placed at the Ltbrartes for free chstrtbutton to ctttzens Ms Whttesell expressed apprectatton to Counctlman Mandtgo for thts suggestton The preparatton cost for each CD ts $1.30 as compared to $75.00 for the 3-volume set of the RESOURCE MANAGEMENT PLAN- FY 2002 - 2003 - Budget/CAPITAL IMPROVEMENT PROGRAM- FY 2002/03 - 2007/08. March 26, 2002 Item V-J. - 22 - ORDINANCES/RESOL UTION ITEM ii 49446 Upon motton by Councdman Harrison, seconded by Councdman Mandigo, Ctty Counctl APPROVED IN ONE MOTION, Or&nances/Resolutton la, 2a/b and 3 a/b of the CONSENT AGENDA. Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R. Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlliam D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay. None Council Members Absent Mayor Meyera E Oberndorf Counctl Lady Parker ABSTAINED on Items 2a (1), 2b (4), (7) and (11) (Open Atr Cafd Franchtses), as she and her husband are owners of Parker Pools and do business with these apphcants (The CONSENT AGENDA was brought forward prior to the RESO UR CE MANAGEMENT PLAN - FY 2002- 2003- Budget/CAPITAL IMPROVEMENT PROGRAM- FY 2002/03- 2007/08 Presentation) March 26, 2002 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY AND PRINCESS ANNE LITTLE LEAGUE, INC. flk/a GREEN RUN LITTLE LEAGUE WHEREAS, the City of Virginia Beach ("City") is the owner of a certain parcel of 2 land located on Elbow Road Extended in the Princess Anne Voting District of the City of Virginia Beach, Virgima contaimng approximately 28.58 acres (the "property") shown and 4 described on that certain plat entitled: PLAT SHOWING PROPERTY TO BE LEASED BY 5 PRINCESS ANNE LITTLE LEAGUE INC., FROM THE CITY OF VIRGINIA BEACH, VIRGINIA BEACH, VIRGINIA, SURVEY BUREAU, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, DATE' February 18, 8 2002, SCALE' 1" = 200'. A copy of said plat is attached hereto and marked "Exhibit A", and WHEREAS, Pnncess Anne Little League, Inc., f/k/a Green Run Little League desires to lease the property for the operation of their youth baseball league, and WHEREAS, City staff recommends approval of the execution of a lease to Princess '12 Anne Little League, Inc., f/k/a Green Run Little League for the operabon of their youth baseball league for the period of May 1, 2002 thru December 31, 2006 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: That the City Manager ~s hereby authorized to execute a lease between the C~ty and Princess Anne Little League, Inc., f/k/a Green Run L~ttle League in accordance with the Summary of Terms attached hereto, and contaimng such other terms as are acceptable I9 2O to the City Manager and approved by the City Attorney. Adopted by the Council of the CIty of Virginia Beach, V~rginia, on the 26~ day of March, 2002 APP~NT Department of Par~and Recreabon APPROVED AS TO LEGAL SUFF~I~ENCY I~epartment of Law Item V-J. 1 - 23 - ORDINANCES/RES OL UTION ITEM # 4944 7 Upon motton by Councdman Harrtson, seconded by Councdman Man&go, Cay Councd ADOPTED: Or&nance to AUTHORIZE the Ctty Manager to execute a lease between the Ctty and PRINCESS ANNE LITTLE LEAGUE, INC. f/k/a GREEN RUN LITTLE LEAGUE re constructton of a youth baseball facility (PRINCESS ANNE - DISTRICT 7) Vottng 10-0 (By ConsenO Councd Members Vottng Aye Ltnwood 0 Branch, IlL Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wdham D. Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf March 26, 2002 SUMMARY OF TERMS PROPOSED LEASE FOR PRINCESS ANNE LITTLE LEAGUE INC. FIK/A GREEN RUN LITTLE LEAGUE LESSOR: City of Virginia Beach LESSEE: Princess Anne Little League, Inc f/k/a Green Run Little League TERM: The initial Lease term is May1, 2002 through December 31, 2002 The Lease term w~ll be automatically extended for four additional one year terms to terminate December 31, 2006 unless the Lease is terminated by either party with prior written nobce. RENT: The property will be leased to Princess Anne L~ttle League, Inc. at no cost to the league RIGHTS AND RESPONSIBILITIES OF PRINCESS ANNE LITTLE LEAGUE, INC.: Will use the leased premises only for the purpose of operating the Princess Anne Little League, Inc. youth baseball league. Will pay for all utilities, trash removal, and all other services necessary to the operabon, maintenance, and repair of the leased premises. · Will annually repair all damages to the grounds of the leased premises. · Will allow the City use and access to the leased premises Will indemnify and hold harmless the City from any and all I~ablllty, claims, actions, damages, expenses and losses ~ncurred by the City as a result of Lessee's use of the leased premises. Will comply with all term and condlbons related to: (i) the construction, ~nstallation, maintenance and repair of all baseball fields, dugouts, parking areas, buildings, walkways, fencing, landscaping and picnic shelters; (ii) the authorized days and hours of use of the leased premises;(iu) the temporary display of corporate sponsorship banners, (iv) the installation and use of electronic scoreboards, and (v) the limited use of temporary, portable loudspeakers Will maintain general hability insurance, including products liability coverage, at a minimum of $1,000,000 combined single limits (CSL). RIGHTS AND RESPONSIBILITIES OF THE CITY: · Will meet with Lessee annually to review the prowsions of the Lease. TERMINATION: Lessor may terminate for default or abandonment with 10 days written notIce. rll / / -- // // // // / /// / ( LJ t! t/O*'r-6' 3' Ill i ] THOMPSON AND wRIGHT,ARCHITECTS,LTD PRINCESS ANNE LITTLE LEAGUE ~ VIRGINIA B£ACN VIRGINIA ~ 505-C Cedar Road - Chesapeoke, V~rg,ma 23522 (757) 436-0861 J Ill I ,I ~0 -I' 6' 10 -0' 61 ] THOMPSON AND WRIGHT,ARCHITECTS,LTD PRINCESS ANNE LITTLE LEAGUE ~ VIRGINIA 8EACH VIRGINIA ~ 505-C Cedar Road ,' - Chesapeake, V,rgmm 25322 (757) 456-0861 e~OpO~i~O e. OOl~ Pt~N mD ELEV^~ i I i THOMPSON AND WRIGHT,ARCHITECTS,LTD PRINCESS ANNE LITTLE LEAGUE I $05-¢ ¢~do~ ~o~ Chesal~eoke, V,rg:n,o 25522 (757) 456-0861 PROPOSEO ELEVATION5 > ' , ~ P~ ~x : i . , , I LJ ~J THOMPSON AND WRIGHT,ARCHITECTS,LTD PRINCESS ANNE LITTkE LEAGUE VI~OINIA BEACH VIR~NIA 505-C Cedar Rood ' Chesapeake, V,rgmm 23322 (757) 436-0861 PROP~O F~e P~ I I I ~ ' ~ ~ ~ , ~ PRINCESS ANNE LITTLE LEAGUE VIR~NIA BEACH VIR~NIA 505-C Cedar Road Chesapeake V~rg,ma 23322 (757) 436-O861 e~ED ~ r~ ii i i I ' I I THOMPSON AND WRIGHT,ARCHITECTS,LTD PRINCESS ANNE LITTLE LEAGUE VIRGINIA (]EACH VIRGINIA $0§-C Cedar Rood Chesapeake, V~rg~mo 23322 (757) 436-0861 PeOPO~ED ~UILD~N~ EL~A~ 1 Ill '1 rill Newcastle-Princeton Civic League 2 40 Southcross Drive Virginia Beach, VA 2:3456 (757) 427-0204 February 29, 2002 M~. Doug Chert7 City of Virginia Beach Patios and Recreation Department Mummpal Center, Building 6 Virgtma Beach, VA 23456 Dear Mr. Cherry: This letter ts to reform you of the outcome of a vote taken by the members of the Newcastle Princeton Civic League on the proposed construcuon of the Princess Anne Little League facility. First, please allow me, on behalf of our ennre orgamzanom to express our sincere appreemuon for the manner m which you have assisted us throughout the resoluuon of tlus matter As you know, the construcuon of the proposed famhty is a matter of great concern for our members We appreciate your wtllingness to work wtth us and make sure that our concerns were heard and considered by both the City. and the Princess Anne Little League (PAI~) We are sure that n required a great deal of pauence and perseverance on your part and you demonstrated abundant quanuties of both! We thank you for a job well done. The members unammouslv approved the construcuon of the Famhtv, under the following conchtlons The C~tv take acaon to reheve the probable traffic congestion that will occur on Elbow Road and on the res~dennal streets when the famhtv is m use As we have explained in the past, we foresee a very serious and dangerous traffic situauon when both the Soccer Facility and the PALL Facility are m use. We strongly recommend that Lisbon Road be extended to connect to Salem Road before the PALL Facility ~s plax:ed into operanon The L~sbon Road- Salem Road connecuon should be left in place untal such nme as Elbow Road is connected to Landstown Roack as described m the City' s plan If Lisbon Road cannot be extended to Salem, then we recommend that the City, expedne the extension of Elbow to Landstown Road. We are opposed to the mstallanon of a temporary stop light at the Elbow Road - Salem Road interseeuon. We feel that tins vail result in more traffic using the residenual streets as outlets. We would appreciate any assistance you might provide in faeilitaung a meeting with the appropriate City department so that we can fully discuss our concerns and the possible solutions. We are very concerned about the dangers that will result if the City does not ~ake steps m allewate the traffic on Elbow Road. -I The Cttv should immediately install "NO PARKING" s~s on Elbow Road and the ~assv areas surrounchng the Newcastle £1ementsrv School and borderm~ Elbow Road. We want to prevent ~cuon of City property, and ensure that the bike path 1,s preserved for our use. The City should ~mmediatelv require the Hampton Roads Soccer Council to stop direcung patrons to park at the Newcastle Elementarv School We believe that the Courier acuvely encourages parktng at the School on its promotional literature and throu_mh the placement of temporary, signs chrectmg patrons to the School. We believe ties pracuce adds to the traffic and parktng problems and w~ll get much worse as use of these two facflmes increases m the future. The City should consider assisting the PALL, vath the, creation of a more effecuve sound ba~cr between the PALL FaciliW and the Newcastle nei~hborhood. We believe that this assistance should take two forms. First, the City should provacle the PALL vath financ~ a.s,~tance to construct a berm of five or six feet m height, on which a s~and of trees can be planted. This berm would be located on the north boundary, of the Facility,. Second, the City should consider purchasing the parcel of land containing the stand of trees and borderm§ the southern poruon of the Newcastle neighborhood, adjacent to Southcross Drive and Southcross Court. This would be consistent w~th the City's poimy of creaung green belts and open spaces between neighborhoods and could reduce the noise and light that may spill into the neighborhood. We reserve the right to provide ~nput to the City when the annual, automatic PALL lease extensions are being considered This would provide us w~th an excellent oppormmty to comment on the operation of the Facility. and ~ts actual impact on the restdents. If you have any quesuons about this matter or need any adchuonal lnformauon, please contact me. Again, please accept our thanks for the efforts you expended on our behalf. Sincerely, President Newcastle - Princeton C~wc Lea_cue CC Mrs. Sara L. Hensley, CLP City of Virgtma Beach Parks and Recreauon Deparunent Mrs. Barbara Henley City Counml Item V=d.2. - 24 - ORDINANCES/RESOL UTION ITEM # 49448 Upon motton by Councdman Harrtson, seconded by Councdman Man&go, Ctty Counctl ADOPTED: Or&nance granttng operatton of Open Atr Cafes tn the Resort Area a NEWFRANCHISES (2) Sandcastle Oceanfront Motel, Inc t/a Sea&de Galley b RENEWAL FRANCHISES (I) Atlantic Resort Associates t/a Ilth St Oceanfront Dtner (2) HWC Investments, Inc t/a Stacey's (3) Tamptco Enterprtses Inc, t/a Abbey Road (5) Island Repubhc, Inc t/a Island Repubhc (6) Ocean Sands Resort, LLC t/a Casablanca Btstro (8) Days Inn Oceanfront t/a Timbuktu Cafd (9) Martanna Enterprtses t/a Ltttle Feets (10)A tlanttc Enterprises t/a Elhngton's (12)Resorts of Vtrgtnta Beach, Inc t/a Peppers (I 3)Ramada on the Beach, L C t?a Maht Mah 's (14) Ramada on the Beach, L C t/a Maht Mah's (15) BBH Corporatton t/a T-Bird Cafd DAP, Inc t/a 22"a Street Raw & Grill (17)Clearwater Investments Assoc , L P t/a Dolphtn Watch Cafd (18) Megabytes, L L C t/a Salsa's Restaurant (19)Ahata, Inc t/a Pter 23 Restaurant Boardwalk Caf~ 14th and Atlanttc Avenue Boardwalk Cafd 1 lOl Atlantic Avenue Boardwalk Cafd 3301 Atlanttc Avenue Atlanttc Avenue &dewalk Cafd 203 22'a Street Boardwalk Cafd 1905 Atlanttc Avenue Boardwalk Cafd 2207 Atlanttc Avenue Boardwalk Cafd 3107 Atlantic Avenue Boardwalk Cafd 2613 Atlanttc Avenue Boardwalk Cafd 2901 Atlanttc Avenue Atlanttc A venue &dewalk Cafd 225 17'~ Street Boardwalk Cafd 615 Atlantic Avenue Connector Park Cafd 615 Atlantic Avenue Boardwalk Caf~ 3410 Atlanttc Avenue Atlanttc Avenue &de Street Cafd 202 22~a Street Boardwalk Cafd 3501 Atlantic Avenue A danttc A venue &dewalk Cafd 812 Atlanttc Avenue Atlanttc A venue &de Street Cafd 2224 Atlanttc Avenue March 26, 2002 - 25 - Item V-J.2. ORDINANCES/RESOL UTION ITEM 14 49448 Vottng 10-0 (By ConsenO Councd Members Vottng Aye Ltnwood O. Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, ,Ir, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, ,Ir and Rosemary Wtlson Counctl Members Vottng Nay None Councd Members Absent Mayor Meyera E Oberndorf March 26, 2002 - 26- Item V-J.2 a (1)lb (4) (7) (11) ORDINANCES/RES OL UTION ITEM # 49449 Upon motion by Councilman Harrison, seconded by Councdman Man&go, Ctty Counctl ADOPTED Ordinance granttng operatton of Open Atr Cafes tn the Resort Area a NEWFRANCHISES (1) Colomal Inn, Inc Boardwalk Card t/a Angelo's Restaurant 2809 Atlanttc Avenue b RENEWAL FRANCHISES (4) Colomal Inn, Inc t/a Carey's Restaurant (7) Barclay Restaurant t/a London Pavthon (11) Burlage Hotel Associates t/a La Verne's Chtx Cafd Boardwalk Cafd 2809 Atlanttc Avenue Boardwalk Cafd 809 Atlantic Avenue Boardwalk Cafd 701 Atlanttc Avenue Vottng 9-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Abstatntng Nancy K Parker Counctl Members Absent Mayor Meyera E Oberndorf Counctl Lady Parker ABSTAINED on Items 2a (1), 2b (4), (7) and (11) (Open Att Card Franchtses), as she and her husband are owners of Parker Pools and do bustness wtth these apphcants. March 26, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE GRANTING FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA (NEW FRANCHISES) WHEREAS, the City has adopted, and incorporated into a Franchise Agreement, regulations for the operation of open air cafes on public property in the Resort Area; WHEREAS, each of the following corporations/companies (hereinafter referred to as "Grantees")has submitted an application for the operation of an open air caf~ at the location indicated, and has paid the required application fee: 1. Colonial Inn, Inc. t/a Angelo's Restaurant /2809 Atlantic Avenue) Boardwalk Cafe; and 2. Sandcastle Oceanfront Motel, Inc. t/a SeaSide Galley (14th and Atlantic Avenue) Boardwalk Cafe. WHEREAS, the representations made in the applications comply with the aforementioned regulations; and WHEREAS, the Department of Convention and Visitor Development and the Resort Advisory Commission have reviewed the applications and determined that the proposed cafes will have no detrimental effect on the public health, safety, welfare, or interest, and will enhance the festive atmosphere in the Resort Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a franchise is hereby granted to each of the above-listed Grantees to operate an open air caf~ at the address indicated herein from May 1, 2002, to April 30, 2003, conditioned on provision by each Grantee of an approved final site plan, liability insurance coverage, a security bond and applicable franchise fee, and on compliance w~th all of the terms and conditions of the Franchise Agreement; and 32 33 34 2. That the City Manager, or his duly authorized designee, is hereby authorized to enter into a Franchise Agreement with each Grantee. 35 36 Adopted by the Council of the C~ty of V~rglnia Beach, Virginia, on the day of , 2002. 37 38 39 4O 41 42 43 44 45 46 CA-8423 Sam/work/franchise/neword.wpd March 4, 2002 RI APPROVEpS TO CONTENT' C'ee~e~ti'en & [/~itor Develepment APPROVED AS TO LEGAL SUFFICIENCY' C~ty Attorney's Office AN ORDINANCE GRANTING FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA (FRANCHISE RENEWALS) WHEREAS, each of the following corporatmons/companies (hereinafter referred to as "Grantees")has requested renewal of its franchise for the operation of an open amr caf~ at the location 7 indicated' 1. Atlantic Resort Associates t/a 11th St. Oceanfront Diner (1101 Atlantic Avenue) Boardwalk Cafe; 10 2. HWC Investments, Inc. t/a Stacey's (3301 Atlantic 11 12 13 · Avenue) Boardwalk Cafe; Tampico Enterprises Inc., t/a Abbey Road (203 22~ Street) Atlantic Avenue Sidewalk Cafe; 14 15 · Colonial Inn, Inc. t/a Carey's Restaurant (2809 Atlantic Avenue) Boardwalk Cafe; 16 17 · Island Republic, Inc. t/a Island Republic (1905 Atlantic Avenue) Boardwalk Cafe; 18 6. Ocean Sands Resort, LLC t/a Casablanca Bistro (2207 19 Atlantic Avenue) Boardwalk Cafe; 20 21 · Barclay Restaurant t/a London Pavilion (809 Atlantic Avenue) Boardwalk Cafe; 22 23 · Days Inn Oceanfront t/a Timbuktu Caf~ (3107 Atlantic Avenue) Boardwalk Cafe; 24 25 · Marmanna Enterprises t/a Little Feets (2613 Atlantic Avenue) Boardwalk Cafe; 26 10. Atlantic Enterprises t/a Ellington's (2901 Atlantic 27 Avenue) Boardwalk Cafe; 28 29 11. Burlage Hotel Associates t/a LaVerne's Chlx Caf~ (701 Atlantic Avenue) Boardwalk Cafe; 30 31 12. Resorts of Virginia Beach, Inc. t/a Peppers (225 17th Street) Atlantic Avenue Side Street Cafe; 32 33 13. Ramada on the Beach, L.C. t/a Mahi Mah's (615 Atlantic Avenue) Boardwalk Cafe; 34 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 65 14. Ramada on the Beach, L.C. t/a Mahl Mah's (615 Atlantic Avenue) Connector Park Cafe; 15. BBH Corporation t/a T-Bird Caf~ (3410 Atlantic Avenue) Boardwalk Cafe; 16. DAP, Inc. t/a 22nd Street Raw & Grill (202 22nd Street) Atlantic Avenue Side Street Caf6; 17. Clearwater Investments Associates, L.P. t/a Dolphin Watch Caf6 (3501 Atlantic Avenue) Boardwalk Cafe; 18. Megabytes, L.L.C. t/a Salsa's Restaurant (812 Atlantic Avenue) Atlantic Avenue Smdewalk Cafe; and 19. Ahata, Inc. t/a Pier 23 Restaurant (2224 Atlantic Avenue) Atlantic Avenue Side Street Caf6. WHEREAS, the City has developed a Franchise Agreement for the regulation of open air caf6s which each of the above-lmsted Grantees will be required to execute as a condition of franchmse renewal; anc WHEREAS, based upon each Grantee's successful operation of an open air caf6 pursuant to a franchise during the past year, the Department of Convention and Visitor Development recommends a five-year renewal of the franchise of each of the foregoing Grantees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a franchise is hereby granted to each of the above-lmsted Grantees to operate an open amr caf6 at the address indicated herein from May 1, 2002, to Aprml 30, 2007, conditioned on each Grantee's executmon of the above-referenced Franchmse Agreement and compliance with all of the terms and conditions thereof; and 2. That the City Manager, or his duly authorized designee, is hereby authorized to enter into a Franchise Agreement with each Grantee subject to the aforementioned conditmons. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 68 69 70 71 CA-8424 Sam/work/franchise/renewalord.wpd March 4, 2002 R1 72 73 74 75 76 77 APPROVED AS TO CONTENT' ? Conventicl~ & Development APPROVED AS TO LEGAL SUFFICIENCY- City Attorney's'Office Item V-J.3. -27- ORDINANCES/RES OL UTION ITEM ii 49450 Upon morton by Councdman Harrtson, seconded by Counctlman Man&go, Ctty Counctl ADOPTED Resoluttons re Vtrgtnia Department of Transportatton (VDOT) Add 15 02 lane mtles of new streets ehgtblefor urban matntenance effecttve July 1, 2002, and, tncrease apphcable revenue of $133,318 16per year Increase 4 66 lane mdes of local~collector streets tnventory, and, increase apphcable revenue of $61,240 28 per year Voting I0-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wilson Council Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf March 26, 2002 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT ADDITIONAL STREETS FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a Council resolution prior to accepting additional streets for urban maintenance payments; WHEREAS, the streets listed on Exhibit A (attached) have been constructed in accordance with standards established by the Virginia Department of Transportation; WHEREAS, the City of Virginia Beach has accepted and agreed to maintain these streets; and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these streets NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby requests the Virginia Department of Transportation to accept the streets listed on Exhibit A which is attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 6 day of Ma reh ,2002. Approved as to Content: Public Works Approved as to Legal Sufficiency ity Attorney c//' EXHIBIT A io~ r_ 0 w w w w (.:3 (.9 0 00 (.9 z LLI z z r~ ILl LLi Z Z IJJ o 5 IJ.I z ,.JZ Oz,~ u.~ W 0 o LU -r 0 ---0 I ..... 0(~ (~0 / <~ C3 Z -- z ~ 0 >- LIJ 5 z z I-. z w z z ILl n 5 z ujI-- 0< Z Z{~.3'-' ~ 0 0 ~Z z~.~< ~'~ O~ wO 0 0 w z n 0 0 z z uJ 1.1.1 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT CORRECTIONS TO THE REVISED ROAD INVENTORY FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a Council resolution prior to accepting corrections/deletions to the rewsed road inventory for urban maintenance payments; WHEREAS, City personnel have reviewed the revised road inventory prepared by the Virginia Department of Transportation and have determined that some inaccuracies exist, WHEREAS, corrections to the revised road inventory have been made as shown on Exhibit A (attached); and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these corrections. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby requests the Virglma Department of Transportation to accept the corrections listed on Exhibit A which is attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~26 day of March ,2002. Approved as to Content' Public ~o?rks ' - Approved as to Legal Sufficiency t-y Attorney EXHIBIT A z c~ z LIJ 0 -r Z z LLI I- z LIJ Z 0 0 z z 0~ 0~ E¢~ mO z uJ r~ 0 z 0 z LLI I-- Z LLI W Z _(2 w 0 z z z ILl 0 z w I.~ o I- w 0 ~. z wz w z w 0 il-- Z in' Z 0 z z 0 o LLI z I- z ILl e.- o < 5~ a. < o I- z LU I-- Z ILl 0 I- uJ 0 0 o 0 z z 0 0 z 0 ? z ILl 5 z z wl- ~Z WLLI Oz~ u_~ mO w r~ n ~ 0 0 ~. z wz ww w n o LIJ z ~ o ,.~ 0 z w 0 w z z z ILl 0 z IJJ 0 t- z z LtJ ,Z =U.I 'UJ Z 0 z o z 0 z LU C~ 5 Item V-K. - 28 - PLANNING ITEM # 49451 1. WES T NECK PR OPER TIES, INC. VARIANCE CHANGE OF ZONING CONDITIONAL USE PERMIT 2. MAXINE JOHNSON VARIANCE 3. ATLANTIC SHORES BAPTIST CHURCH CONDITIONAL USE PERMIT 4. PRINCESSBORO DEVELOPMENT COMPANY, INCORPORA TED CONDITIONAL USE PERMIT 5. PRINCESS ANNE LITTLE LEA GUEf/k/a GREEN R UN LITTLE LEA GUE CONDITIONAL USE PERMIT March 26, 2002 Item V-K. - 29- PLANNING ITEM # 49452 Upon motton by Counctlman Harrtson, seconded by Councdman Man&go, Ctty Councd APPROVED in ONE MOTION Items 1 (DEFER), 2, 3, 4 (WITHDRA W) and 5 of the PLANNING BY CONSENT Item K. 1 was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of April 9, 2002 Item K 4 was WITHDRAWN, BY CONSENT Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf March 26, 2002 Item V-K. 1. - 30- PLANNING ITEM # 49453 Upon motton by Councdman Harrtson, seconded by Councdman Man&go, Ctty Counctl DEFERRED to the City Council Session of April 9, 2002, apphcattons of WEST NECK PROPERTIES, INC apphcattons of WESTNECK PROPERTIES, INC. fora Vartance to ~ 4 4(b) of the Sub&vtston Or&nance re the thirty (30)-foot minimum pavement wtdth for mtertor streets, and Or&nances for a Con&ttonal Change of Zoning and Con&ttonal Use Permtt Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Sub&vtston Or&nance, Sub&vtston for West Neck Properttes, Inc, a Vtrgtnta corporatton Parcel ts located at 3132 West Neck Road (GPIN #2403-21-1935, #2403-21-0241) DISTRICT 7 - PRINCESS ANNE ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES, INC, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-15 RESIDENTIAL DISTRICT An Or&nance upon Apphcatton of West Neck Properttes, Inc , a Vtrgtnta corporatton, for a Change ofZontng Dtstrtct Classtficatton from A G- 1 and A G-2 Agrtcultural Dtstrtcts to Con&ttonal R-15 Restdenttal Dtstrtct at the northwest corner of West Neck Road and In&an River Road (GPIN #2403- 21-1935, #2403-21-0241) The proposed zontng classtficatton to Con&ttonal R-15 ts for stngle famtly restdenttal land use on lots no less than 15,000 square feet Thts site ts located tn the Transttton Area as defined tn the Comprehenstve Plan The Comprehenstve Plan recommends use of thts parcel for approprtate growth opportuntttes, conststent wtth the economic vttahty pohctes of Vtrgtnta Beach Satd parcel ts located at 3132 West Neck Road and contatns 87 215 acres more or less DISTRICT 7 - PRINCESS ANNE AND, ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES, INC, A VIRGINIA CORPORATION, FOR A CONDITIONAL USE PERMIT FOR OPEN SPA CE PROMOTION Or&nance upon Apphcatton of West Neck Properttes, Inc, a Vtrgtnta corporatton, for a Con&ttonal Use Permtt for Open Space Promotion at the northeast corner of West Neck Road and In&an Rtver Road (GPIN #2403-21-1935, #2403-21-0241) Satdparcel ts located at 3132 West Neck Road and contatns 87 215 acres DISTRICT 7 - PRINCESS ANNE ORDINANCE UPON APPLICATION OF WOODFIN HEA TING, INC , FOR A CONDITIONAL USE PERMIT FOR AN A UTOMOBILE SER VICE STATION Or&nance upon Apphcatton of Woodfin Heattng, Inc, for a Con&ttonal Use Permtt. for an automobtle servtce statton on certatn property located on the east stde of Ftrst Colomal Road, 160feet more or less north of Vtrgtnta Beach Boulevard (GPIN #2407-86-4082) Satd parcel contains 41,817 6 square feet DISTRICT 6 - BEACH March 26, 2002 Item V-K. 1. -31 - PLANNING ITEM # 49453 (Continued) Vottng 10-0 (By ConsenO Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay. None Counctl Members Absent Mayor Meyera E Oberndorf March 26, 2002 Item V-K.2. - 32 - PLANNING ITEM # 49454 Upon motion by Councilman Harrison, seconded by Councdman Man&go, Ctty Counctl APPROVED Apphcatton of MAXINE JOHNSON for a Variance to 3q4 4(b) of the Subdtvtston Ordmance whtch requtres all newly created lots meet all requtrements of the Ctty Zomng Ordtnance (CZO) Appeal to Dectstons of Admtmstrattve Officers tn regard to certain elements of the Subchvtston Ordtnance, Subchvtston for Ms Maxtne Johnson Property ss located at 1648 Waff Road (GPIN #1465-22-8934) (DISTRICT 1 - CENTER VILLE) The followtng condition shall be required The front yard vartance ss apphcable only to the existing dwelhng on Lot 3 Ifa new dwelhng ss constructed on Lot 3, the setbacks requtred by the Ctty Zoning Ordtnance must be adhered to Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Council Members Voting Nay None Counctl Members Absent Mayor Meyera E Oberndorf March 26, 2002 - 33 - Item V-K.$. PLANNING ITEM it 49455 Upon motion by Councdman Harrison, seconded by Councdman Man&go, Ctty Councd ADOPTED Or&nance upon apphcatton of ATLANTIC SHORES BAPTIST CHURCH for a Con&ttonal Use Permtt for a church expanston ORDINANCE UPON APPLICATION OF ATLANTIC SHORES BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION R030231 O15 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Atlanttc Shores Bapttst Church for a Con&ttonal Use Permtt for a church expanston on the north stde of Kempsvtlle Road, east of Centervtlle Turnptke (GPINit1455-83- 2449, it1455-82- 7599) Satdparcel ts located at 1861 Kempsvtlle Road and contatns 14 67 acres DISTRICT 1 - CENTERVILLE DISTRICT The following con&ttons shah be requtred The stte development shall be tn accordance wtth the submitted stte development plan exhtbtted to Ctty Counctl and tttled "CUP Apphcatton Atlanttc Shores Bapttst Church ", dated 1/11/02 and prepared by PHR&A, PC, whtch ts on file wtth the Department of Planntng The new sanctuary shah substanttally adhere to the submttted elevatton exhtbtted to Ctty Counctl and tttled "Atlanttc Shores Bapttst Church Future Sanctuary "prepared by Ivy Archttectural Innovattons, whtch ts on file wtth the Department of Planntng The famdy hfe center, future office butl&ng and future education buil&ng shall substantially adhere to the submttted elevatton exhtbtted to Ctty Counctl and tttled "Atlanttc Shores Bapttst Church New Famtly Life Center, Future Office Butl&ng, Future Adult Classroom" prepared by Ivy Archttectural Innovattons, whtch ts on file wtth the Department of Planntng, except that all three bml&ngs shall have brick (matchtng the front of the butl&ng) extended to the first floor level on both stdes and the rear of the butl&ngs The landscaptng along Centervdle Turnptke shall substanttally adhere to the rendertng exhtbtted to Ctty Counctl and tttled "Centervtlle Turnptke, Atlantic Shores Bapttst Church, "whtch ts on file wtth the Department of Planntng A resub&vtsion plat vacattng aH tntertorproperty hnes shah be recorded prtor to the release of any approved stte plans The apphcant shall also execute a right-of-way reservation agreement for Centervtlle Turnptke with the City and submit the agreement wtth the final resub&vtston plat for thts development 6 Phase One tmprovements shall tnclude thefollowtng ttems Famdy Ltfe Center and parktng lot 1, 5 70 square foot classroom ad&tton to matn sanctuary Category IV buffer north of Dylan Drtve along the eastern property boundary Installation of the 20-foot wide landscape buffer along Centervtlle Turnptke for a &stance of 4OO feet (starttng at the area tn front of the music mtntstry butl&ng and runntng along the new parktng lot tmprovements) March 26, 2002 Item V-K.$. PLANNING - 34- ITEM # 49455 (Continued) Installatton of landscape planttngs tn the grassy area east of the Kempsvtlle Road entrance that wtll suffictently screen the portable traders Landscape planttngs shall be subject to approval by the Planntng Dtrector Entrance revtstons to Centervtlle Turnptke as shown on the master plan, to tnclude tnstallatton of rtght turn lanes Removal of the two portable tratlers fronttng Centervtlle Turnptke Removal of the traders shall be accomphshed prtor to a certtficate of occupancy betng issued for the Family Ltfe Center and/or the 1, 5 70 square foot classroom ad&tton 7 Phase Two tmprovements wtll tnclude thefollowtng stems New sanctuary and parktng lot Installation of a 309Coot wtde landscape buffer along Kempsvtlle Road, stmtlar to the buffer provtded on Centervtlle Turnptke Landscape planttng wtll be subject to the approval by the Planntng Dtrector Renovatton of the extsttng sanctuary to accommodate addtttonal classrooms Removal of the four portable traders on the east stde of the sanctuary Removal of the traders shall be accomphshed prtor to a certtficate of occupancy betng tssued for the new sanctuary or the renovations to the extsttng sanctuary 8 Foundatton landscapeplanttngs shall beprovtdedfor the church office butldtng to be constructed as Phase Three When the education butldtng shown as Phase Four ts constructed, Category IV landscaptng along the eastern property hne, south of Dylan Drtve shall be tnstalled where the subject property abuts restdenttal use (a &stance of approxtmately 150 feeO 10 A modtficatton of this use permtt wtll be requtred for any changes to the phastng of this development as outhned tn condtttons 6-9 above Thts Ordtnance shall be effecttve tn accordance wtth Section 107 (f) of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twen_ty-stxth of March , Thousand Two Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf Two March 26, 2002 ~'00~' '9~' qOaVl, q faopu,taqo H vaa£al4[ aO£Vl, y Iuasqv saaqmalN ltoUnOD ouo.A[ £vN ~SmloA saaqmaty pounoD uospA,l /~vmaso~t puv ar' 'smossa£ q mVql~At aOKVlN aO~A 'aa~laVd )t £OUVN ' .ti' 'o&puvlN D ~aaqo~t 'uvUVlDOtY $ vqa~t 'sauoF ~t s~no7 '£alUaH Id[ vavqavg 'aF 'uosuaVH At mWll~A4 'aan~t 7 Iaav,2avlN 711 'qouvag 0 poo~tm7 MV ,2UnOA s~aqmatq pounoD OuasuoD ~fg) 0-0I gutl°A ~tNNV SS~tONI'dd - ~ .tDPdJSIO saaav II6 P9 sum~uoo laaavd pmS (fffOP-ffff-P[Pff# '6P~'P-[£-P[P~'# NIdD) pvo~ auuV ssaouud fo ~sva ssaI ~o a~om waf off~ 'pvo~t a,2puqpuvs fo ap~s qtnos aq~ uo itd ~to.t,toq v ~of ~ut~ad asn lVUOmpuoo v.~of pa~v.tod.~oom Wuvdutoo ~uamdolaaap o.~oqssaouutd fo uonvoqddv uodn aouvmp,t0 JId A4 OS~IOtt V ~tOd JJI4QI~Id ~I~12 7VNOI HqNOD V ~IOd q~I,Z V~Od2tODNI 'XNVdINOD J~N~IPl[dOT~tA~Iq O ~IO gS£~IDNI~Id dO NOIJ VDITddV NO dfl ~IDNVNIq~IO :~!d,~oaaoq v a.~ ~m,tad aSFl lVUOmpUOD v ,tof tl~t,t WSOd~ODA[I ',~A[VJI4[OD.IA[..~IgJO?..~A,.~q OHOg$$~tDA[i~IJfo uouvoqddv uodn aouvmp.~0 ur fo 7VAt VII(IHJ, IA,I ~a~A4077V l~ouno~ (00 'o&puvlq uvmpaunoD £q papuoaas 'uosu.wH UVml~ouno~ .,lq uo~lom uodfl 9f P6P # tq~I. tl DA[IHHVTd - ££ - Item V-K. 5. PLANNING - 36- ITEM ii 49457 Upon motton by Councdman Harrtson, seconded by Counctlman Man&go, Ctty Counctl ADOPTED an Or&nance upon apphcatton of PRINCESS ANNE LITTLE LEA GUE f/k/a GREENR UNLITTLE LEA GUE, for a Con&ttonal Use Permtt ORDINANCE UPON APPLICATION OF PRINCESS ANNE LITTLE LEAGUE FOR A CONDITIONAL USE PERMIT FOR RECREATION FACILITIES OF AN OUTDOOR NATURE R030231 O16 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Prtncess Anne Ltttle League for a Con&ttonal Use Permtt for recreatton facthttes of an outdoor nature on certain property located on the east stde of Ltsban Road, l lOOfeet more or less south of Elbow Road Extended (GPIN #1484-36-6856, #1484-35- 3250, #1484-25-0076) Said parcel contatns 28 4 acres DISTRICT 7- PRINCESS ANNE The followtng con&ttons shall be required The development of the stte shall be tn substantial conformance wtth the stte plan prepared by Engtneertng Servtces, Inc , dated March 1, 2002, and presented to City Counctl and whtch ts on file tn the Department of Planmng The final destgn of the players' dugouts, the headquarters butldtng, and the press box/concesston butl&ngs shall be tn substanttal conformance wtth the drawtngs entttled, Exhtbtt C, Exhtbtt D-I, Exhtbtt D-2, Exhtbtt E-3, prepared by Thompson and Wrtght, Archttects, LTD, dated February 16, 2002, and presented to Ctty Counctl and whtch ts on file tn the Department of Planmng 3 Nofill shall be permttted wtthtn the deptcted hmtts of the 100 year floodplatn No structures, other than the culvert for the 10 foot wtde access way deptcted on the concept plan, shall be permttted wtthtn the hmtts of the 100-yearfloodplatn No encroachment other than (1) the proposed culvert descrtbed above tn con&tton #4 and (2) the 10 foot wtde access way deptcted on the conceptplan shall bepermttted wtthtn the 50foot Southern Watersheds Management Area buffer All stgnage and hghttng shall substanttally adhere to the Prtncess Anne Commons Destgn Gmdelines Detatls of all stgnage and hghttng shall be submttted wtth the final site plan and revtewed and approved by the Planmng Dtrectorprtor to the approval of the stte plan At a minimum, twenty (20) foot wtde buffer/filter strtps shall be tnstalled adjacent to the ball fields ~denttfied on the plan as "sentor league" as they wtll dratn &rectly to the wetland/wooded area deptcted on the stte plan At a mtntmum, ten (1 O)foot wtde buffer/filter strtps shall be tnstalled adjacent to the outfields of all other ball fields that wtll not dram tnto a stormwater management facthty Satd filter strtps shall be destgned based on standards wtthtn the Best Management Practtces Destgn Gutdance Manual for Hampton Roads, HRPDC, December 1991 March 26, 2002 Item V-K. 5. PLANNING -37- ITEM # 49457 (Continued) 8 The window trtm, vtnylstdtng andPalla&an style tnset above the entry of the headquarters butl&ng shall be whtte tn color Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twen_ty-stxth of March , Thousand Two Two Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Councd Members Absent Mayor Meyera E Oberndorf March 26, 2002 Item V-L. 1. - 38- APPOINTMENTS ITEM it 49458 BY CONSENSUS, Ctty Councd RESCHEDULED: AR TS AND HUMANITIES COMMISSION COMMUNITY SER VICES BOARD HUMAN RIGHTS COMMISSION March 26, 2002 Item V-L.2. - 39- APPOINTMENTS ITEM # 49459 Upon NOMINATION by Counctlman Jones, Ctty Counctl REAPPOINTED: Kenneth F. Palmer 1 year term 04/01/2002-03/31/2003 THE PLANNING COUNCIL Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf March 26, 2002 Item V-L. 3. - 40- APPOINTMENTS ITEM it 49460 Upon NOMINATION by Councdman Jones, Ctty Councd APPOINTED: Pearl R. Smith unexpired thru 06/30/2002 - plus 4 year term 07/01/2002-06/30/2006 TIDEWATER REGIONAL GROUP HOME COMMISSION Votmg 10-0 (By Consent) Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wdham D Sessoms, ,Ir and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent Mayor Meyera E Oberndorf March 26, 2002 - 41 - Item V-L.4. APPOINTMENTS ITEM # 49461 Upon NOMINATION by Councdman Jones, City Counctl APPOINTED: John C. Burch unexpired thru 06/30/2003 SHORE DRIVE AD VISOR Y COMMISSION Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf March 26, 2002 Item V-L. 5. - 42 - APPOINTMENTS ITEM # 49462 Upon NOMINATION by Counctlman Jones, Ctty Counctl REAPPOINTED: Frank V. Lane Linda M. Reinertsen Perry G. Thomasson James L. Wood APPOINTED: Dr. Hal W. Breedlove 3 year terms 04/0172002-03/31/2005 VIRGINIA BEA CH HEAL TH SER VICES AD VISOR Y BOARD Voting 10-0 (By ConsenO Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R. Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Councd Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf March 26, 2002 - 43 - Item V-N. 1. NE W BUSINESS ITEM # 49463 B Y CONSENSUS CITY CLERK TO RECORD ABSTRACT OF CIVIL CASES RESOLVED- February 2002 March 26, 2002 CIVIL LAWSUITS RESOLVED DURING THE MONTH OF FEBRUARY, 2002 Barbara S Jones v Paul SpalTow, Jr, U S Internal Revenue Servmc, City c, fV~glma Beach, Bell Atlantic Telephone Company, Commonwealth of Virginia, Julius ~ Snyde~. M D and Associates, Virginia Beach General Hospital, Inc, Sentara Hospitals, Norfblk, Catherine Williams, and Any Unknown Heus of Louise Askew, Jarnes Askew, Maly Uzzle, Ester Carter, Lawrence Askew, Eugene Askew. and Harriet Sunmons - entorcement of City lien Llnh Mong Tran, an infant ~vho sues by her father and next fl lcnd, Cuong P T~ an, and Cuong P Tran, individually, v City of Virginia Beach - neghgence Shana Kellam v Bruce Bernheun and City of Virginia Beach - neghgence Note Disposition details available on lequest fiom the City Attol ney's Office - 44 - Item V-O. 1. ITEM # 49464 Vtce Mayor Wdham D Sessoms, Jr, DECLARED the Ctty Councd Meettng ADJOURNED at 6:41 P.M. Beverly VO Hooks, CMC Chtef Deputy Cay Clerk Wtlham D Sessoms, Jr Vtce Mayor Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta March 26, 2002