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HomeMy WebLinkAboutJUNE 4, 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 -Dtstrtct 4 REBA S McCLANAN, Rose Hall - District 3 ROBERT C MANDIGO, JR, Kempsvtlle -Dtstnct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L. LILLEY, C~ty Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk of Vir inia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEA CH, VIRGINIA 23456-9005 PHONE (757) 427.4304 FAX (757) 426-5669 EMAIL Ctycncl~ctty vtrgtnta-beach va us June 4, 2002 PRESENTATION OF FIRE TRUCKS In Front of City Hall 1:30 PM I. CITY MANAGER'S BRIEFINGS - Conference Room- 2:00PM A, Bo C° HRT SERVICE PLAN Robert J. Scott, Director - Planning INFILL DEVELOPMENT Robert J. Scott, Director - Planning THOROUGHGOOD HOUSE LEASE Mark A. Reed, Department of Museums Il. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I V. FORMAL SESSION - Council Chamber - 6:00 PM mo CALL TO ORDER- Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jay Smith First Baptist Church of¥irginia Beach C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION F. MINUTES. 1. INFORMAL AND FORMAL SESSIONS May 28, 2002 G. AGENDA FOR FORMAL SESSION H. BID OPENING OPENING OF SEALED BIDS 31st Street Garage Retail Space (Refer to City Council) PUBLIC COMMENT 1. Towing Advisory Board Recommendations 2. Shore Drive Transportation Study and Design Guidelines Jo ORDINANCES o Ordinance to APPROPRIATE $949,000 to the FY 2001-02 operating budget of the Comprehensive Services Act (CSA) Special Revenue Fund and APPROPRIATE/TRANSFER $665,000 to the FY 2001-02 operating budget re juvenile probation , Ordinance to ACCEPT and APPROPRIATE $43,024 from the State and $28,097 from the Federal Government to the FY 2001-02 operating budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) re increased services to clients , Ordinance to TRANSFER $200,000 within the FY 2001-02 operating budget of the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re funding for facility refurbishment . Ordinance to TRANSFER $142,000 within the department of Public Works' FY 2001-02 operating budget re replacement of an automated waste collection vehicle K, APPOINTMENT: 1. Virginia Beach/Jamestown 2007 Anniversary Steering Committee L. UNFINISHED BUSINESS Mo NEW BUSINESS No 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 impaired, call TDD only 427-4305 (TDD - Telephomc Device for the Deaf) 05/30/02~st AGENDA\06/04/02 www vbgov com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 4, 2002 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING RE HRT SERVICE PLAN tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, June 4, 2002, at 2 10 P M Counctl Members Present Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr Mayor Meyera E Oberndorf Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Absent Ltnwood 0 Branch, III Rosemary Wdson [Entered 2 20 P M] Mayor and City Council attended a Ribbon Cutting Ceremony to accept and showcase three types of new fire apparatus, 1:30 P.M, front of City Hall (Prior to City Council Briefing Session) -2- CITY M/IN/I GER 'S BRIEFING HRT SER VICE PL/IN 2:10 P.M. ITEM # 49 701 Robert J Scott, Dtrector of Planmng, introduced Dale Castellow, Transportatton Planning Coor&nator, and Ertc Meyerson, Dtrector of Planntng, Hampton Roads Transit Mr Castellow dtstrtbuted the presentatton of the Virginia Beach Service Improvement Proposals based on the Comprehensive Operational /inalysis. In addttton to revtewmg the fixed routes, there ts an ongotng study whtch should conclude late June spectfically examtntng the trolley system Wtthtn the next two months, HRT wtll dtscuss para transtt with the Ctty Counctl relattve impacts Mr Meyerson, advtsed the Operattonal Analysts was completed tn January He wtll be presenttng the route recommendattons from the consultant affecttng Vtrgmta Beach The Consultants tdenttfied three (3) mare tssues wtth respect to the servtce Improving Route Directness A number of the routes tend to meander thru the Ctty wtth apparently long travel ttmes There ts confuston relative the destination of the buses Improving Route Performance Re the number of passengers per hour Ideally, tn a suburban sttuatton, producttvtty tn the netghborhood of twenty (20) passengers per hour ts preferred A number of the routes, particularly tn the southern portton of the Ctty, are transporttng only an average of seven (7) passengers per hour Service Levels: Re tmprovtng the frequency Most of the servtces tn Vtrgtnta Beach, with the exceptton of the Vtrgtnta Beach Boulevard corrtdor, only run about once an hour These service make tt dtfficult to utthze by tndtvtduals worktng fixed shtfts Relative the Federal Government program, whtch wtll pay tnchvtduals to rtde the buses, ts this avatlable to local government employees as well? Mr Meyerson advised this ts more of a tax than dtrect substdy conducted tn a pre-tax envtronment Netther the ctty nor the person benefitttng from the pass would have to pay taxes on the funds uttltzed to purchase the ttckets HRT ts not propostng changes on the majortty of routes Summary of Proposed Changes Route 29 - Rosemont Road (connects Pleasure House Road and Shore Drtve wtth Pembroke vta Great Neck Road, Lynnhaven Mall, TCC - Vtrgtnta Beach and Holland Road) Operate route between Pleasure House and TCC- Vtrgtnta Beach only Other routes will serve rematmng portion of the route Between Lynnhaven Mall and TCC- Vtrgtnta Beach, route ts proposed to operate via Internattonal Parkway, London Brtdge Road and Holland Road, replacing Route 37 service in the area Route 36 - Holland Road (connects Pembroke with TCC -Vtrgtnta Beach vta Holland Road) Reahgn route to provtde more chrect servtce along the Holland Road corrtdor (Run almost the whole length of Pembroke Mall to the Muntctpal Servtces Center) Route 25 - Currently runs wtthtn the Ctty of Norfolk and ts bastcally a shuttle route connecttng Mthtary Ctrcle Road wtth the Newtown Road area proposed to combtne wtth Route 39 June 4, 2002 -3- CITY MANAGER'S BRIEFING HRT SER VICE PLAN ITEM # 49701 (Continued) Route 39 -Prtncess Anne (connects Pembroke Mall wtth Mtrror Lake Drive, vta Prtncess Anne Road, TCC -Vtrgtnta Beach and the Municipal Center) (1) Combtne wtth Route 25 tn Norfolk (2) Operate from Mthtary Ctrcle Mall to Wal-Mart at Lynnhaven Parkway Proposed New Route X - South Plaza/Internattonal Parkway (ts proposed to connect Pembroke with TCC Vtrgtnta Beach vta Independence Boulevard, South Plaza Tratl, Rosemont Road, Lynnhaven Mall and Lynnhaven Parkway) Route 3 7 - Oceana (connect the Oceanfront with Lynnhaven Mall via Vtrgmta Martne Sctence Musuem, KOA, Fleet Combat Tramtng Center, Oceana Naval Statton and Internattonal Parkway) prtmartly serves mthtary employees on evemngs and weekends to access recreattonal opportumttes at Lynnhaven Mall and the Beach Discontinue route due to inability to access Oceana NAS (securtty restrtcttons as result of September 11, 2001 terrortst tragedy) Replace Internattonal Drtve and London Brtdge Road servtce wtth Route 29 Replace KOA/General Booth Boulevard servtce wtth extenston of Route 33 servtce Route 33 - North Seashore (connects Oceanfront with the North Seashore - 68th StreeO This would requtre addtttonal resources and, therefore, ts not part of the bastc plan (1) Extend to South Seashore to serve the Vtrgtnta Martne Sctence Museum and KOA replactng Route 3 7 servtce (2) Headways changed from 30 to 60 mtnutes Mr Meyerson &splayed a compostte of proposed Routes 29, 36, 39 and Route X The plan ts to implement these changes effective January 1, 2003 There are no plans to change the extsttng servtce tn the area of the KempsvilleZlndian River Road Corridor Concern was expressed relattve the tnehgtbthtyforpara transtt Mr Castellow advtsed HRThas an ongotng recerttficatton process Anybody who ts tn that 3/4 mtle corrtdor now that has ehgtbthty, wtll lose thetr ehgtbthty through these changes Mr Meyerson advtsed the London Brtdge segment of Route 39 was plotted and currently 44 tndtvtduals are regtstered for para transtt who restde tn that area Thts represents 1 7% of all the regtstered chents Route 37 area (Dam Neck area) would tmpact stxty-ntne (69) out of 2500 regtstered chents These are tndtvtduals who are regtstered, but not necessartly acttve The overwhelmtng percentage of the regtstered chents are not regular users of handt rtde Mr Castellow advtsed of about 2 700-2800 regtstered parttctpants of para transtt tn the Ctty, approxtmately 460 are actually acttve Mr Castellow advtsed HRT ts purchastng smaller buses to tmplement for these devtated servtces The regional bus mtttattve has flextble or route devtated servtce where a route might go down the matn artertal, but then devtate tnto a netghborhood and ptck-up chents along the way Both ADA and able bo&ed tndtvtduals can potenttally be served all tn one vehtcle The capacity of these buses ts stgntficantly less They are much more tn scale and tn keeptng wtth the neighborhood When the bus devtates from the matn hne, a large 40-foot bus should not be gotng through local streets June 4, 2002 -4- CITY M/INA GER 'S BRIEFING HRT SER VICE PL/IN ITEM # 49701 (Continued) To address the HRT changes tn pohcy, Mr Castellow advtsed he has been coor&nattng wtth Vtce Mayor Sessoms and Counctl Lady Parker, Commtsston Members, to develop recommendattons for the Ctty A copy of the composite color coded map relattve the porttons of the Ctty covered and not covered wtll be provtded At thepresent ttme, there wtll be a Pubhc Nottce for comments at their headquarters on Monttcello Avenue, Thursday, dune 2 7, 2002, at 6 O0 P M Mr Castellow advised the Ctty wtll have tts own Pubhc Heartng scheduled for the Central Ltbrary at a future date dune 4, 2002 -5- CITY MANA GER'S BRIEFING INFILL DE VEL OPMENT 2:36 P.M. ITEM # 49 702 Robert Scott, advtsed as the Ctty contemplates the Comprehensive Plan, the subject of residential infill development takes on another level of tmportance Land tn the northern portton of the Ctty ts tncreastngly scarce Thts has stgntficant tmphcattons The staffbeheves the Ctty can grow andprosper wtthout expandmg the urban servtces area Attentton can be turned to the northern portton of the Ctty and butlt tn a senstble htgher quahty manner However, some of the tssues must be addressed More than ever, as land becomes scarce and opportuntttes to utthze the last bits of land all over the Ctty are increased, quality ts more tmportant Bastcally, the Zoning Ordinance requtrements deahng with mtntmum lot size, lot coverage, set back requtrements and other bastc requtrements setttng the tone for the occurrence of development are basically good In many cases, these basic codes are not apphcable Mr Scott cited nonconforming lots and very small lots with high density. A nonconforming lot ts one that was once legal, but because of governmental acttons (or&nance maktng requirements more strtngent, taktng of property, et cetera) no longer meets zomng standards Thts ts not the same as an tllegal lot (tllegally subdtvtded or in some other fashton tnapproprtately created) The purpose tn recogmztng nonconforming lots ts to assure that tndtvtduals who own them are not penahzed by havtng thetr opportumty to develop reduced to near zero Some of these lots are very old and were platted back tn the early part of this century (pre World War I) At that potnt, subdtvtstons and subdtvtston plats were not the same At the present trine, subdtvtston plats are a regulatory tool In the past, the plat was stmply a method of referencing the location of land It was never tntended that tndtvtdual pteces of land would be developable Mr Scott &splayed an example extsttng tn Shadowlawn (platted in 1924) In some cases these lots are 25 or 30feet wtde and 125feet deep It was intended tndtvtduals would buy two, three or four lots and combtne them for a butldtng stte Thts has occurred for the mostpart In recent years, when property values have rtsen so htgh, there ts a stgntficant attempt to butld or constder each of these small lots tndtvtdually as a butldtng stte The Board of Zontng Appeals ts faced wtth dt. fficult tssues as a result of thts attempted development These tssues are scattered throughout the Ctty Baystde, Rosemont Road area, Pembroke area, Beachfront area They are not congregated tn one parttcular portton Mr Scott &splayed a plat of Lakewood dated 1925. These lots are 25 and 30feet wtde and 125feet deep These tssues are exasperated by many of the regulattons An example tn the Bayside area was deptcted by three (3) lots platted long ago Duplexes were butlt on two of the properttes wtth a 45-foot strip tn between Aptece of property has served for many years as a stde yard Now the proposal ts to bmld a house on that 25-foot wtde stte A Board of Zomng Appeals Pubhc Heartng stgn has been posted on the property Thts development will not be good for the health of the netghborhood Another example was ctted tn the Baystde Area conststtng of three (3) lots, whtch were developed as two, however, now the desire ts to develop the three (3) lots (50 feet each) The houses have been torn down tn preparatton for butldtng three (3) duplexes (denstty 10 5 dwelhng untts per acre) Another sttuatton extsts on Shell Road in the Bayside area These lots were platted tn 1912 and tt was not tntended these be developed for 3-stngle famtly homes wtth lot wtdths of 3O feet The shde of Ftfteenth Street deptcts lots 25feet wtde wtth a stngle famtly house butldtng on two of them and the other two lots serve as the stde yard making a total of l O0-foot wtde property If two more houses are crammed tnto that space, whtch ts now the stde yard, thts wtll not work to the well betng of thts neighborhood Mr Scott ctted a favorable sttuatton wtth the budder to be commended (Bayside Road/Pandoria Avenue) Thts ts a former Community Development Target Neighborhood wtth the streets and tnfrastructure mstalled at pubtc expense to accommodate a reasonably orderly netghborhood Remnants of other lots zoned R5D were deptcted The proposal for each was to butld a duplex, whtch would completely undermtne the sptrtt and intent of the communtty development plan The staff worked wtth the developer and explatned the sttuatton Mr Scott &splayed the homes whtch were butlt and are tn keeptng wtth the netghborhood An example on Arctic Avenue located tn the Shadowlawn area ts subject to one portton of the zomng ordtnance whtch was amended a few years ago and ts a major step tn the rtght dtrectton Seven (7) stngle faintly lots were platted, each 30feet wtde The amendment requtres the property owner, t. fable, must put these nonconformtng lots together tnto lots that conform to the zontng or&nance In accordance wtth this provtston, the owner came up wtth four (4) lots, which wtll provtde a more orderly pattern of development (each 50feet wtde) June 4, 2002 -6- CITY MANA GER'S BRIEFING INFILL DE VEl, OPMENT ITEM # 49702 (Continued) Mr Scott beheves nonconforming lot lines should be vacated when shown not needed to preserve the property owner's development rtghts Thts needs to be pursued on a more regular basts Mr Scott suggested a revtew to requtre lots to be combined wherefeastble as tn Shadowlawn Thts ts a sttuatton whtch could approprtately be apphed throughout the Ctty and not just one netghborhood Mr Scott ctted another problem of very high density on very small lots, whtch ts prtmartly hmtted to the Resort Area and tn a mmor degree affect Shore Drtve On Arctic Avenue, a 100 by l O0-foot lot was zoned A-36 (36 dwelhng untts per acre Thts ts the size of two (2) basketball courts stde by stde On Cyprus Avenue, a 130 by 75-foot lot was zoned A-36, and another lot was 150 by lO0-feet On 15tn Street, a 50 by 150-foot lot was zoned A-12 (~ ttmes the stze ora basketball courO On 24th Street, an A-36 zoned lot was 60 by 200-feet and on 27th Street, an A-18 zoned lot was 50 by 150feet Relattve Shore Drive, wtth the assistance of the Shore Drtve Advisory Commtttee and the Planntng Commtsston, a scheme relattve a sliding scale density was devised whtch had lower denstttes allowed on these properttes On these other properties, Mr Scott suggested working wtth the Planntng Commtssion to draft an approprtate zontng ordmance amendment whtch would pursue a "sliding scale density" on these smaller lots Mr Scott advtsed to vacate lot hnes will require a subdtvtston plat be prepared, whtch would cost approxtmately $2,000 Thts ts usually part ora development process where the cost can be borne by a number of tndtvtduals Deputy Ctty Attorney Macah advtsed there ts a hmttatton tn the Ctty Code for dental of a use permtt or a rezomng, but not challengtng an or&nance Deputy City Attorney Macah dtd not beheve there ts any statute of hmttatton on challenging the Shore Drive Amendments The Attorney's Office can never guarantee there wtll be any legal challenges, but can certatnly do the best to make sure any legal challenge would be unsuccessfully resolved tn behalf of the Ctty B Y CONSENSUS, the staffshallproceed wtth the appropriate adjustments relative infill development and brtng recommendattons forward to Ctty Counctl June 4, 2002 -7- CITY MANAGER'S BRIEFING THOROUGHGOOD HOUSE LEASE 3:10 P.M. ITEM # 49 703 The City Manager introduced Lynn Clements relattve the lease of the Thoroughgood House from the Ctty of Norfolk Lynn Clements, Acttng Director - Museum and Cultural Arts, advised the Operattons and Management Agreement for next year ts about to exptre An amendment ts also tncluded relattve tnsurance The Ctty of Norfolk had requested a separate general habdtty pohcy be issued wtth combtned stngle hmtt of SI- MILLION The Ctty of Norfolk and Chrysler Museum wtll be ad&ttonal msurers The premtum ss $492. Relattve acqutsttton by the City of the Thoroughgood House, Ms Clements spoke wtth Harry Lester, Member - Board of Trustees, Vtrgtnta Martne Sctence Museum Board and Chrysler Museum Board Today he ts meettng wtth Mayor Paul D Fratm on our behalf to &scuss thts tssue Mark Reed, Htstortc Resources Co-Or&nator, advtsed the Adam Thoroughgood House ss a Nattonal Htstortc Landmark and one of only two tn Vtrgmta Beach The House was operated by the Chrysler Museum of Arts for a number of years In September 1998, the operattng hours were reduced to 11 hours per week (bastcally Saturday and Sunday) However, through a reservatton process, they continued to serve school chtldren durtng the week Thts reduction of hours concerned the Department of Museums In September 1999, Museums came to Ctty Counctl wtth an opportuntty to operate the Adam Thoroughgood House and expand tts hours The Ctty took over the operatton tn Mtd October 1999 On November Second, the hours were expanded to slx days per week (39 hours per week) Thts House has been operated at this level stnce that ttme The attendance has been good with approxtmately 10,000 visitors annually, approxtmately ~ are school children Education has been the prtmary mtsston Wtthtn FY 2001 a number of school programs were tmplemented meeting the numerous SOL requtrements tn htstory and other curriculum the educators desired A number of spectal events and programs have also been tmplemented t e Yule Program and Mtd Summer Ntght Mr Reed ctted the Baystde Htstory Trail Da),, whtch has just completed the thtrd annual event conststtng of Lynnhaven House, Ferry Plantatton, Pembroke Manor and a number ofhtstortc churches tn that area Based on the FY 1998 budget utthzed by the Chrysler Museum, the FY2003 Budget is $80,440. O0 (the same amount tn the current year FY2002) Approxtmately 2/3 of thts budget comprtses the payment of part ttme staff(operate/open and close/handle the sales of the shop stems/ provtde tours andprograms) One-stxth of the Operatmg Budget ts for office support (for both Francis Land and Adam Thoroughgood House) FY 2002 marks the first ttme for a full time employee tn this posttton enabhng effictency tn both operattons The remamtng one-stxth of the budget ss utthzed for supphes, matertals necessary for the datly operatton and purchase of museum shop inventory In 1999, the Chrysler Museum had only utthzed patd tnterpreters There was never a volunteer program The only way to get the stte up and running qutckly was to utthze these experienced Interpreters, many with fifteen and twenty years expertence Volunteer docets are used at the Francts Land House A Volunteer program does requtre patd staff to do the recruttment, tramtng and scheduhng Mr Reed ctted a press release relative the estabhshment ora Volunteer Program at the Adam Thoroughgood House with an ortentatton for potenttaI volunteers later thts month A brochure was thstrtbuted for promottonal purposes re Francis Land House and Thoroughgood House School programs are adverttsed tn tandam tn an annual brochure whtch ss sent to all the Elementary School Chtldren tn Vtrgtnta Beach, Chesapeake, Portsmouth and Norfolk The Francis Land House Board of Governors ss commttted to overseemg the operatton of the Adam Thoroughgood House Frtends of the Francts Land House membershtp has been extended to tncorporate the Adam Thoroughgood House If the transfer of the property ss successful, the Department of Museums hopes to convert some of those budgetary funds used for part ttme personnel to have a full time educattonal posttton at the Thoroughgood House There will be a need for mvestment by the Ctty to make the restrooms and vtsttors' center handtcapped accesstble The matn facthty of the vtsttors center needs to be upgraded to house the staff and separate the museum store operattons from the educattonal programs (currently share space) Museums ts requesttng the opportumty to operate the Adam Thoroughgood House for another year, whtle the ownershtp issue ts resolved Mr Reed advised the Ctty of Vtrgmta Beach pays for the bastc matntenance Chuck Davis, Admtntstrator of Butldtng Matntenance, could respond relattve more prectse costs In 1999, when the Ctty was worktng wtth the Chrysler relattve budgetary costs, the Chrysler Museum tndtcated thetr annual cost was $105,000 Museums ss assumtng $15,000 ts for the mamtenance Mr Reed was not sure whether Butldtng Matntenance had absorbed the operatton wtthout recetvtng addtttonal funds Concern was expressed relattve the lack of a consorttum of all the htstortcal museums Mr Reed advtsed Mr Mac Rawls, retired Admtmstrator, a number of years ago estabhshed a Museum Planmng Group Almost all of the small museums as well as the Contemporary Art Center and Vtrgtnta Martne Sctence Museum parttctpated One of the dtfficulttes whtch arose was the dtfference tn the scheduhng (some only open certatn trines of the year or only by appotntmenO Last year, a reference gutde, was produced for dtstrtbutton at the Oceanfront hotels whtch tncluded the madortty of the sites dune 4, 2002 -8- CITY MANA GER'S BRIEFING THOROUGHGOOD HOUSE LEASE ITEM ii 49 703 (Continued) The Bayside History Trail ts a method to combtne some of the htstortcal sites Mr Reed advtsed the Adam Thoroughgood House was gtven to the City of Norfolk tn the I950's by Henry Clay Hofhetmer, who had purchased and restored the property At that ttme Norfolk had a Sctence and Htstory Museum whtch evolved into the Chrysler Museum The Sctence and Htstory Museum operated the Thoroughgood House The trolley program for the Ctty's htstortcal homes had started to succeed, whtch was tmttallyfinanced by Beach Events The htstortcal homes received a benefit When there was a change to the Oceanfront entertatnment contract, the trolley costs were dtfficult to absorb The Htstortcal Society underwrote the Chrtstmas Program for one year The htstortcal sites are so dtspersed Councd Lady Henley advtsed Sam Myers dtd an aucho cassette "ride around tour". Mr Reed advtsed thts tape was available at the Frtends Store tn the Central Ltbrary Mayor Oberndorf advtsed she has a copy Mr Reed advised the City Manger wrote a letter to Regtna g K Wdhams, Ctty Manager of Norfolk, tn April requesting constderatton of ownershtp of the Adam Thoroughgood House There was no response An addtttonal letter was sent and no response has been recetved The Ctty Manager advtsed speaktng wtth Regina I/ K Vgtlhams and Harry Lester by telephone Mr Lester tnchcated prehmtnary chscusstons were positive toward worktng somethtng out ,4 coordtnatton of efforts of htstortc homes should be constdered An overall assessment of the htstortcal properttes should be conducted wtth regards to the "best place to invest dollars" Mayor Oberndorf extended comphments to Ms Clements and Mr Reed on behalf of the Yule Log Ceremony, Twelfth Night at the Francis Land House and the marvelous new exhtbtt of the six Penguins from the Baltimore Zoo at the Virginia Marine Science Museum (thru Labor Day). BY CONSENSUS, ownershtp and conttnuatton of the lease wtth the Ctty of Norfolk of the Adam Thoroughgood House shall be scheduled for the Ctty Counctl Sesston of June 25, 2002 dune 4, 2002 -9- AGENDA RE VIEW SESSION 3:59 P.M. ITEM # 49 704 J1 Or&nance to APPROPRIATE $949,000 to the FY 2001- 02 operattng budget of the Comprehenstve Servtces Act (CSA) Special Revenue Fund and APPROPRIA TE/TRANSFER $665,000 to the FY 2001- 02 operattng budget re juvenile probation Councdman Man&go expressed concern as thts wdl tncrease the City's level for an unfunded mandate Councd Lady Eure advised tn 2001/2002 there were 1,000 admissions Where ts the hne for how many juventles can be patd for wtthtn the system wtthout substdtztng? Councd Lady Eure referenced the last hne on the page of Juvende Probatton Attachment I "Thts block grant wdl be reduced 515'o by Ftscal Year 2002/2003 ($1,260, 000) There was not enough tnformatton Councd Lady Eure requested addtttonal cost ftgures Councd Lady Wdson requested addtttonal tnformatton Councd Lady Wdson suggested examtntng thts system regtonally and ctted the Vtrgtnta Beach School System as an example, who had a "whtstle stop" program More state funds have been received by utthzmg a regtonal program Councd Lady McClanan ts concerned that thts Ordtnance occurred after the ADOPTION of the FY 2002- 2003 Operating Budget These facts had to be available before now The Ctty Manager advtsed theproposal to estabhsh awatttng hst These increases wtll not be automatically funded The City Manager advtsed these are costs that have already occurred Robert Matthtas, Asststant to the Ctty Manger, advtsed the Comprehensive Services Act (CSA) Fund ts an ongotng tssue Awatttng hst for CSA servtces for non-mandated chddren, after expendttures reach the protected level (maxtmum fundtng level set by the State, whtch ts $1,073,425) wdl be mstttuted shortly after the new fiscal year commences The juvendes who are most tn need of the service wtll be first on the hst There are four factors creattng thts conttnual defictt Artstng demand for expenstve restdenttal placements of Court Servtces cases, whtch has been dtfficult to pre&ct These cases often tnvolve severe crtmtnal, sexual, and famdy behavtoral problems, tn these types of cases therapeuttc restdenttal care ts too often ordered by the Juvende Court Such care ts qutte expenstve (typical annual cost of $104,000) The State's under fun&ng for these types of cases (non-mandated) ts evtdent from stx consecutive years of level approprtattons, A lack ofalternattve servtces avadable on the conttnuum of care, and Increases tn local foster care cases tn the past two years, which often requtre local fun&ngform the local de&cated reserve There are a number of very expenstve treatment facthttes throughout the State wtth some located outstde the State Detention costs are also betng addressed Hopefully, when the Ctty has tts own Detention Home, these costs wdl be under our Ctty and Courts control Mr Matthtas advtsed the School Board ts a very acttve member of thts process and the Ctty trtes to move as many juvendes to thetr programs as allowed The duvemle Judges are the "gate keepers" of all referrals Wtth Ctty Councd's concurrence, Juventle Court Services recetved an addittonal staff member to screen some of the cases for treatment areas better funded by the State Vtce Mayor Sessoms advtsed the Chtef Juvemle Judge spoke wtth Cay Counctl relative these shortfalls and spectfic cases The cost on an annual basts for onejuventle ts $104,000. Catheryn Whttesell, Dtrector of Management Servtces, advtsed the departments involved tn the CSA program and tn Juvende Probatton proacttvely try to shtft case loads around to maxtmtze state and medtcatd funds By delaytng thts ttem for a couple of weeks, the staff was able to save funds tn terms of shtfttng juvendes tn other program categortes by pulhng down more Medtcatd and state money June 4, 2002 -lO- AGENDA RE VIEW SESSION ITEM # 49 705 .14 Ordtnance to TRANSFER $142,000 wtthtn the department of Pubhc Works' FY 2001-02 operattng budget re replacement of an automated waste collection vehicle Councd Lady McClanan requested addtttonal tnformatton Wade Kyle, Sohd Waste Admtntstrator, advtsed a drtver came out of the Transfer Statton on Vtrgtnta Beach Boulevard and fatled to close the tad gate on the truck, whtch put tt about twenty feet (20') tn the atr He turned rtght on Vtrgtma Beach Boulevard, went toward the Beach, htt the overpass of Interstate 264 and fltpped the truck over The truck ended up on its side underneath the overpass and had to be drug out by the wreckers Thts acctdent also took down the fiber opttc cables whtch supphed the message boards on 1-264 and I-64 Fortunately the drtver was not hurt Severe &sctphnary actton has been taken The truck was only two (2) years old The driver ts sttll employed as per the dectston of the Personnel Board ITEM # 49 706 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: dl .12 .13 .14 Or&nance to APPROPRIATE $949,000 to the FY 2001- 02 operattng budget of the Comprehensive Servtces Act (CSA) Spectal Revenue Fund and APPROPRIA TE/TRANSFER $665,000 to the FY 2001- 02 operattng budget re juvenile probation Ordtnance to ACCEPT and APPROPRIATE $43,024 from the State and $28,097 from the Federal Government to the FY 2001-02 operattng budget of the Department of Mental Health, Mental Retardatton and Substance Abuse Services (MHMRSA) re increased services to clients Or&nance to TRANSFER $200,000 wtthtn the FY 2001- 02 operattng budget of the Department of Mental Health, Mental Retardatton and Substance Abuse (MHMRSA) re funding for facility refurbishment Or&nance to TRANSFER $142,000 wtthtn the department of Pubhc Works' FY 2001-02 operattng budget re replacement of an automated waste collection vehicle June 4, 2002 -ll- CITY COUNCIL COMMENTS 5:15 P.M. ITEM # 49 70 7 Mayor Oberndorf advtsed yesterday, June 3, 2002, the Ctty unveded the stgn for the future headquarters of the Amertcan Cancer Society, off Edwtn Drive near Mount Trashmore A substanttal gift was recetved and the budding wdl be named the Thomas R. Lee Volunteer Center. Fund ratstng has commenced The buddtng wtll tnclude an atrtum, pattents' services room, hope garden, gallery, tratnmg and board room, volunteer sutte, memortal benches and cobble stones ITEM # 49708 Vtce Mayor Sessoms referenced an ADD-ON ITEM: Ordtnance to extend the date (June 5, 2002)for sattsfytng conchttons tn the matter of KENNETH A. HALL and S & S ENTERPRISES re the clostng, vacattng and chsconttnutng of a portton of Spruce Street and two porttons of Second Street to August 5, 2002 The ttme frame ts extended to allow Vtce Mayor Sessoms advtsed Attorney Edward Bourdon and the Ctty Attorney confer relattve a legal document ITEM # 49 709 Mayor Oberndorf referenced the ADD-ON PROCLAMATION June ,l, 2002 Red Tide 11 U Girls Day The Vtrgtnta Beach based boo Wdhams Red Ttde ll U Gtrls Basketball Team won the state tttle for the second consecuttve year on March 24, 2002 ITEM # 49710 Councd Lady McClanan referenced the tnvttatton from the Prtncess Anne Plaza Ctvtc League concermng the Bow Creek Park, official opening, Saturday, June 8, 2002, at 11:00 A.M. Councd Lady McClanan hoped all members of Ctty Councd could attend Mayor Oberndorf advtsed a gentlemen advtsed her husband all of the property values have tncreased tn thts area Thcs Park has enhanced thetr quahty of hfe ITEM # 49711 Councdman Jones requested the Ctty Manager at the June 25, 2002, Ctty Councd Sesston update Ctty Councd on the Lake Smith purchase He has recetved numerous ctttzen concerns June 4, 2002 - 12- ITEM # 49 712 Mayor Meyera E Oberndorf , called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, June 4, 2002, at 4 20 PM Counctl Members Present Margaret L Eure, Wtlham ~ Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, gtce Mayor ~tlham D Sessoms, Jr and Rosemary I~tlson Counctl Members Absent Ltnwood 0 Branch, IH June 4, 2002 - 13- ITEM # 49 713 Mayor Meyera E Oberndorf entertatned a motion to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MA ITERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salaries, &sctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Appotntments Boards and Commtsstons Jamestown 200 7 Anmversary Steertng Commtttee Revtew of Counctl Appointees PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real propertyfor a pubhc purpose, or of the &sposttton of pubhcly-held real property, where &scusston tn an open meettng would adversely affect the bargatntngposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Prmcess Anne Ballfields LEGAL MA TTERS Consultatton wtth legal counsel or briefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requesting the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) Joseph E Ratford v Ctty of Vtrgtnta Beach Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Council voted to proceed tnto CLOSED SESSION. Vottng 10-0 Counctl Members Vottng Aye Margaret L Eure, }Ydham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor [Ftlham D Sessoms, Jr and Rosemary PVtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III, (Five Minute Recess: 4:22 P.M. - 4:30 P.M.) (Time of Closed Session: 4:30 P.M. - 6:00 P.M.) June 4, 2002 - 14- FORMAL SESSION VIRGINIA B EA CH CITY CO UNCIL June 4, 2002 6:00 P.M. Mayor Meyera E Oberndorf, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, Ctty Hall Butldtng, on Tuesday, June 4, 2002 at 6 O0 P M Counctl Members Present Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent Ltnwood 0 Branch, III INVOCATION Counctlman Louts R Jones Reverend Jay Smtth Ftrst Bapttst Church of Vtrgtnta Beach (arrtved late) PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters on the agenda tn whtch he has a "personal interest", as defined tn the Act, etther tndtvtdually or tn hts capactty as an officer of Wachovta Bank which recently merged wtth Ftrst Unton Nattonal Bank The Vice 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 of February 5, 2002, ts hereby made a part of the record June 4, 2002 Item V-E. - 15- CERTIFICATION OF CLOSED SESSION ITEM # 49 714 Upon motton by Vtce Mayor Sessoms, seconded by Councd Lady Parker, Ctty Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS: Only pubhc busmess matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were &scussed tn Closed Sesston to whtch thts cert~catton resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motton convenmg the Closed Sesston were heard, &scussed or constdered by Vtrgtnta Beach Ctty Council Vottng 10-0 Counctl Members Vottng Aye Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Councd Members Absent Ltnwood 0 Branch, III June 4, 2002 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Vlrg~ma Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 49713, page 12, and in accordance w~th 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 V~rgmla 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 pubhc business matters lawfully exempted from Open Meeting reqmrements by Virginia law were discussed in Closed Session to which th~s 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 V~rg~ma Beach C~ty Council. ~l{'uth Hodges Smith, MMC C~ty Clerk June 4, 2002 Item V-F. 1. -16- MINUTES ITEM ii 49715 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of May 28, 2002. Vottng 10-0 Council Members Vottng Aye Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Ltnwood 0 Branch, III June 4, 2002 Item VI-G. 1. -17- ADOPT AGENDA FOR FORMAL SESSION ITEM # 49716 AGENDA FOR THE FORMAL SESSION ADD-ON PROCLAMATION June 4, 2002 Red Tide 11 U Girls Day AND, Ordtnance to extend the date (June 5, 2002)for sattsfytng condtttons tn the matter of KENNETHA. HALL and S & $ ENTERPRISES re the clostng, vacattng and dtsconttnutng of a portton of Spruce Street and two porttons of Second Street to August 5, 2002 June 4, 2002 Item V-G. 1. -18- PROCLAMATION ITEM # 49 717 Mayor Oberndorf PROCLAIMED: June 4, 2002 Red Tide 11 U Girls Day MA Y 20-26, 2002 The Virginia Beach Foundation Week The Vtrgtnta Beach based Boo Williams Red Tide 11 U Girls Basketball Team won the State title for the second consecuttve year on March 24, 2002 Mayor and Ctty Councd extended best wtshes to the team as tt competes tn the nattonal tournament to be held June 28 - July 6, 2002, tn Ktngsport, Tennessee Coach Barb Smtth and Asststant Coach Marry Kelly ACCEPTED the PROCLAMATION June 4, 2002 Item V-H. 1. - 19- BID OPENING ITEM # 49 718 Pursuant to I,'trgtnta Code Sectton 15 2-2102, the Mayor opened the btds tn the matter of lnvttattons for Btds for a Master Lease of ,4pproximately 26,000 Square Feet of Retail Space in The Proposed 31st Street Parking Garage. Before the btd(s) were opened, the Mayor requested "Are there any addtttonal btds tn response to the tnvttatton for Btds, whtch were not sent to the City Manager by the deadhne on June 3, 2002 ? there are no others, I hereby close the mvttatton for btds The Ctty Manager dehvered the sealed btds to the me The Ctty Manager has received ONE BID Thtrt_¥-_first Street LC has submttted a btd by the adverttsed deadhne If there are any addtttonal btds to be recetved from the floor at the heartng, I would be happy to receive them now A second bid for $10, O00for retatl space waspresented by B Messner Stnce the first btd proposal ts lengthy, I wtll ask Asststant Ctty Attorney Hahn and Phtltp Roehrs, Beach Management - Pubhc Works, to please revtew the btds and summartze them, so I can read out the btd summary to thepubhc as required by law The Ctty Counctl wtll conttnue wtth tts other bustness unttl the btds are summartzed" After the Pubhc Comment on Shore Drtve Transportatton Study and Destgn Gutdehnes, Asststant Ctty Attorney Valledejuh and Phtlhp Roehrs returned wtth the summary ofbtds and dehvered same to the Mayor "The btds were just two The btd from Thtrty-first Street LC ts as follows $15 per square foot per year or $390, O00 per year for twenty-ftve (25) years and a $25,000 Security Depostt The second btd from B Messner ts as follows $10,000 I wtll now refer the btdproposals to the Committee appotnted by the City Manager to revtew and make recommendattons to Ctty Counctl at tts Heartng on June Twenty-fifth" The Ctty Attorney advtsed a Pubhc Hearing ts scheduled for the City Counctl Sesston of June 11, 2002, re Leastng of the 31st Street Parktng Garage, wtth the Ordtnance to constder the award of the btd on June 25, 2002 Pubhc Comment wtll also be accepted at this ttme June 4, 2002 INVITATION FOR BDS FOR MASTER LEASE OF APPROXIMATELY 26,000 SQUARE FEET OF RETAIL SPACE TO BE LOCATED IN THE PROPOSED 31 s~' STREET PARKING GARAGE IN THE CITY OF VIRGINIA BEACH, VIRGINIA TO BE CONSTRUCTED BY THE CITY OF VIRGINIA BEACH AND THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The City of Virginia Beach ("City") and the Virginia Beach Development Authority ("Authority") are inviting bids for the development, management and leasing of approximately 26,000 square feet of high-quality retail space, compatible w~th the operation of a full service four-star hotel and adjacent high-quahty real estate project located at the Vlrglma Beach oceanfront~. Interested parties should submit eight complete copies of thmr bid, in writing, to the C~ty Manager, City of Virginia Beach, Attn: 31st Street Lease Bid, City Manager's Office, 2401 Courthouse Drive, Virginia Beach, Virginia, 23456 on or before 5:00 p.m, Monday, June 3, 2002. SPACE DESCRIPTION The space to be developed, managed and leased, pursuant to a Master Lease, ~s described as approximately 26,000 square feet of shell space (the "Retml Space") on the street level of the proposed municipal parking garage to be constructed by the City of V~rglnla Beach Development Authority and the City of Virginia Beach (the "Parking Garage") on the block bounded on the north by 31st Street (Laskin Road), on the east by Atlantic Avenue, on the south by 30th Street, and on the west by Pacific Avenue, in Virginia Beach, Virginia, a portion of wNch property 1s owned by the City, and a portion of which property is owned by the Authority. The Retail Space copy of the standards for a four-star hotel are attached as Exhibit A Page 1 of 16 will be situated on the northern and eastern faces of the street level of the Parking Garage and will provide store fronts for the entire 31st Street block, the majority of the Atlantic Avenue block, and the eastern portion of the 30th Street block, generally as shown on the attached concept plan entitled "Proposed Parking Facthty, 31s' Street Development," dated April 9, 2002, attached hereto as Exhibit B. It is anticipated that the Retail Space will be provided with roughed-in mechanical, HVAC, plumbing and electrical systems, together with sub-flooring and duct trunk lines, customary for new-construction retail shell space in the Hampton Roads, Virginia, market. The street front extertor of the Retail Space will be provided in an unfinished but secure state. Final exterior treatments will be installed by the successful respondent or its subtenants. It is anticipated that the shell Retail Space will be delivered in this form on or about September 1, 2004. It is anticipated that approximately 80 metered parking spaces will be avmlable within the street level of the Parking Garage for use by retail patrons. All other parking for the Retail Space patrons and the Retail Space employees will be available within the Parking Garage at the same rate as the general public. Retail Space tenants will share one dehvery space It is anticipated that the Parking Garage will be completed and open for use on or about December 31, 2004, subject to delays for weather, acts of God, shortage of materials and other matters beyond the control of the City and the Authority. The Retml Space and the Parking Garage will be located across Atlantic Avenue from a proposed four-star 300 room hotel with conference facilities and an adjacent public park/open space. It is anticipated that the Parking Garage and the hotel will be joined by a pedestrian bridge/walkway which will bridge Atlantic Avenue The Authority, the C~ty and Thirty-First Street, L.C. (the "Developer") are parties to a Page 2 of 16 Development Agreement dated as of August 5, 1999 (the "Original Development Agreement"), relating to the development of the proposed parking facd~ty, the four-star 300 room hotel and the pubhc park. Pursuant to the Original Development Agreement, the Developer is to lease from the Authority the real property on which the hotel and public park are to be constructed. A copy of the Original Development Agreement ~s on file and available for ~nspectlon during normal business house in the Office of the C~ty Clerk The Developer has proposed modifications to the Original Development Agreement whmh are currently being considered by the City and the Authority (the "Amended Development Agreement"). A copy of the Amended Development Agreement and the other documents which ~mplement these proposed modifications to the Original Development Agreement are on file and avmlable for inspection during normal business house in the Office of the City Clerk and are also available online on the City' s webslte at www.vbgov.com. Respondents are advised that, pursuant to the Original Development Agreement, the Developer is entitled to an annual credit of $260,000 each year for 25 years to be applied agmnst rent to be paid to the Authority for the land on which the hotel and public park are to be constructed so long as the Developer submits a bid in response to this Invitation of at least $15.00 per square foot for the Retad Space No preference or assurance has been or shall be given to the Developer or any other potential respondent that the Developer or any particular respondent will be the selected respondent. Respondents are further adwsed that pursuant to the terms of the Amended Development Agreement currently being considered by the C~ty and the Authority, the Developer is entitled to $260,000 each year for 25 years (payable ~n cash or by credit apphed against any amount to be Page 3 of 16 paid by the Developer to the Authority or a combination thereof) so long as the City receives a b~d ~n response to this Invltat~on of at least $15.00 per square foot for the Retail Space. No preference or assurance has been or shall be given to the Developer or any other potential respondent that the Developer or any particular respondent will be the selected respondent. The Authority and City Council are expected to vote as to whether to approve the Amended Development Agreement on or before May 14, 2002. If approved by both City Council and the Authority board, the terms of the Amended Development Agreement will control. If the terms of the Amended Development Agreement are not approved by the City Council and the Authority board, the terms of the Original Development Agreement will control Each respondent should have retail development, leasing and management experience, should be financially capable of master leasing the Retad Space and should be capable of subleasing the Retail Space to a healthy m~x of retail tenants to complement the hotel, the park and the remainder of the oceanfront project CONTENT OF BID PROPOSALS Each b~d proposal must contain, at a mlmmum, the following wntten ~nformation with documentation suitable for evaluation: Completed Bid Form Each respondent shall complete the B~d Form, attached hereto as Exhibit C, setting forth the information requested for the respondent's offer, including the respondent's proposed rent offer based on a dollar per square foot bas~s. Completion of the B~d Form s~gmfies acceptance of the terms outlined in the General Terms of Master Lease set forth in Exhibit D, and the Basic Use Restrictions set forth ~n Exhibit E. Page 4 of 16 Lease-Up Plan Each respondent shall promde a proposed lease-up plan for the Retml Space w~th proposed retail uses and square footage allocation The lease-up plan should provide a healthy m~x of retml tenants to complement the hotel, the park and the remainder of the oceanfront project. Operation and Management Each respondent shall provide a plan for the operation and management of the Retail Space. The plan should ~nclude, at a minimum, the respondent's relationship to the operation and management of the Retail Space, the intended form and term of the subleases, and mmntenance of the Retail Space in a manner compatible with a four-star hotel and the remmnder of the oceanfront project. Qualifications Each respondent shall submit a statement of quahficatmns whmh ~ncludes, at a m~nimum, specific examples of prewous development work ofh~gh quahty and current developments (retail and otherwise) under the respondent's management The statement of quahficat~ons should include: a listing of the pnnc~pals of the respondent's proposed leasing and management team and their resumes, the resumes of other key ~nd~v~duals proposed to be involved ~n the development, leasing and management; a statement of the financial capacity of the respondent and its principals to meet the obhgat~ons under the Master Lease; a description of any prior bankruptcy, insolvency, reorganization or comparable proceedings; any other factors that may rinse msues of character; and the prior experience of the respondent and its pnnc~pals as an owner and operator of commercial real estate properties Page 5 of 16 OTHER INFORMATION Bond. The successful respondent shall be required to execute a bond, w~th good and sufficient security, in a sum determined by the City, pursuant to § 15.2-2104 of the Code of Vlrglma (1950), as amended. Payment for Advertisement. The successful respondent shall be reqmred to rmmburse the City for the cost of the advertisement Inviting bids and proposing to make the grant of the lease pursuant to § 15.2-2101 of the Code of V~rgima (1950), as amended DEVELOPER SELECTION C.nteria The basic select~on criteria shall include: A. The lease rate offer. B The degree to which the proposal meets the goals of obtaining a h~gh-quahty, four-star hotel compatible, operation, leasing and management of the Retail Space. C The qualifications and experience of the respondent ~n the development, management and leasing of h~gh-quahty retail space Process All proposals must be submitted to the C~ty Manager, Attn: 31st Street Lease B~d at the City Manager's Office, 2401 Courthouse Drive, V~rg~nia Beach, V~rginia on or before 5.00 p m., Monday, June 3, 2002 Any proposals received after 5:00 p.m., Monday, June 3, 2002, shall not Page 6 of 16 be received by the City Manager, but may be offered to the Mayor of the City of Virgima Beach at the regular meeting of City Council, whmh will be held ~n Council Chambers, C~ty Hall Budding, Mumclpal Center, Virginia Beach, V~rglnla, on Tuesday, June 4, 2002. Submissions will be reviewed by a select~on committee appointed by the City Manager. It is intended that the selection committee recommend one proposal to the Virginia Beach Development Authority and the Virginia Beach City Council, with a planned date ofnotffication to the selected respondent of on or about June 25, 2002. The City of Virginia Beach and the Virginia Beach Development Authorlty each reserve the right to reject any and all proposals, to proceed with a specific respondent or respondents, or to take any action that either the City of Vlrgima Beach or the Virginia Beach Development Authority determines to be in the best interest of the City of V~rglma Beach. Without limiting the foregoing, the City of Virginia Beach and the Virginia Beach Development Authority expressly reserve the right to reject any bid which is not in conformity w~th the Basic Use Restrictions as set forth in Exhibit E, or which is otherwise found by the City of Vlrglma Beach and/or the Virginia Beach Development Authority not to be compatible with "The 31 st Street Project". The City of Virginia Beach and the Virginia Beach Development Authority further reserve the nght to abandon the project after the award of the b~d to the selected respondent as follows: (i) in the event the development and/or execution of a Master Lease cannot be successfully accomplished; (i0 in the event the City and/or the Authority elects for any reason whatsoever not to construct the Parking Garage and/or the Retail Space, or (m) ~fthe nature of the oceanfront project changes Page 7 of 16 Attachments: Exhibit A - Four-Star Hotel Standards Exhibit B - Concept Plan of Parking Garage Exhibit C - Bid Form Exhibit D - General Terms of Master Lease Exhibit E - Basic Use Restrictions Page 8 of 16 EXHIBIT A FOUR-STAR HOTEL STANDARDS A four-star hotel 1S outstanding - worth a special trip. Not only does it have every service normally associated with ~ts genre, but it also has a umque style and personahty and ~s both unusually elegant and luxurious, w~th an unusual design and a creative, well-Integrated decor. A variety of accommodations are usually avmlable; all are large, with spacious, comfortable seating areas. Furmture and appmntments are of the best quality, complementing the overall theme. Lobbies are also spacious and equally well appointed A fine restaurant is on the premises, and room service ~s a gramous experience, often with serwce around the clock. The entire operation is characterized by attention to detml and efficiency Service ~s exceptional, and there is a feeling that guest comfort and convenience are the prevmling concern of the staff, which ~s large enough to ensure personahzed service for each guest and outstanding ~n every respect: courteous, professmnal and knowledgeable. Characteristics of a Four-Star Hotel Immaculate housekeeping and superior maintenance Well-kept, carefully landscaped grounds D~stinct~ve architecture Luxuriously appointed lobby and pubhc spaces, accented by art work, fresh flowers and/or plants F~ne furnishings and superior carpet ~n lobby and public spaces Organized area for check-in and checkout; swift, efficient service Secure, appropriate, uncluttered luggage handhng area Large, very well-hghted guest rooms Well-integrated guest room decor, enhanced by art work; upgraded fabrics in draperies, spread, and upholstery Upgraded fumlsh~ngs and upgraded carpet in guest rooms, ~n very good condition Upgraded bed linens; large, fresh pillows, extra blankets and pillows; firm mattresses ~n excellent condition Color telev~slon in armmre or on an attractive, decorative stand; remote control, radio, clock Table and chmrs ~n guest rooms Central mr-condltiomng and heating, thermostat ~n guest room Very attractive, spotless, and very well-hghted baths, w~th medicine cabinet and/or vamty Page 9 of 16 F~ne soaps and amemties in baths, plus large or thick towels, exhaust fan, hmr dryer, heat lamp, scale and shave/make-up mirror Two phones ~n guest rooms, one phone by the bed and another on the desk; some guest rooms w~th phone in bath Closed closets, with ample hangers; full-length mirror States and luxury level accommodations avmlable Non-smoking guest rooms available Management is highly professional, generating staff commitment to guest satisfaction Staff is courteous, helpful, articulate knowledgeable, and well-groomed Uniformed bellmen and doormen Excellent d~mng facilities, ~nclud~ng at least one fine restaurant Excellent room service, with extended hours, superior service, and a vaned menu Wake-up calls avmlable Business services and meeting rooms Swimming pool and health club on premises or available nearby Most of the following available' barber and beauty shops, clothing and sundries shops, comphmentary newspaper, complimentary shoeshine, concierge, health club or privileges at a health club nearby, pool s~de food and beverage sermce and recreation facdities on premises Pagel0of 16 [ETEI~ ~D P, kRKINGI -R~TAIL ~- [] [] u IITJ ~. RETAIL RETAIL E TtiB t! PROPOSED PARKING FACILITY 31st STREET I~VELOPMENT E30 E30[ Page 11 of 16 EXHIBIT C INVITATION FOR BIDS FOR MASTER LEASE OF APPROXIMATELY 26,000 SQUARE FEET OF RETAIL SPACE TO BE LOCATED IN THE PROPOSED 31s~r STREET PARKING GARAGE IN THE CITY OF VIRGINIA BEACH, VIRGINIA TO BE CONSTRUCTED BY THE CITY OF VIRGINIA BEACH AND THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BID FORM o Name: Respondent Information: Address: , Lease Rate Offer $ per square foot per annum 3. Attachments: By: Date Page 12 of 16 EXHIBIT D GENERAL TERMS OF MASTER LEASE It ~s anticipated that the successful respondent will enter ~nto a Master Lease with the C~ty and the Authority for the leasing of the Retail Space. The successful respondent shall then be responsible for the development, management and subleasing of the Retml Space to a healthy m~x of retail tenants which complements the hotel, the park and the remmnder of the oceanfront development. The Master Lease shall generally ~nclude the following terms and shall otherwise be a commercially reasonable master retml lease having terms and prowsmns common in the Hampton Roads' first-class retad market: Rental. In ~ts bid, the respondent should make a proposal for base rent based on a dollar/gross square foot bas~s. Term. 25 years. Securtty Depostt. W~ll be reqmred. The respondent should make a proposal setting forth its offered security deposit ~n its bid Trtple Net Lease. In addition to any rent payable under the Master Lease, the Master Lease tenant shall be responsible for its pro-rata share of all costs associated w~th the retail space, including (a) common area maintenance (sidewalks, interior of Parking Garage designated for use by Retail Space patrons) and utility charges for such areas, (b) real estate and other taxes, and (c) hazard and other ~nsurance. The Master Lease tenant shall be responsible for all trash collection at ~ts cost. Use of Retatl Space. The Master Lease tenant and ~ts successors, assigns and subtenants shall use the Retail Space for the operation of retml businesses as allowed by apphcable law and for no other purpose. In addition, the use of the Retail Space shall be subject to the Basic Use Restrictions set forth on Exhibit E The Master Lease tenant shall ensure through the subleases that ~ts subtenants each (a) operate in the Retml Space on a year round basis, (b) staff their stores w~th a sufficient number of employees, (c) make avmlable to the public a sufficient stock of merchandise to accommodate any bus~ness that may be transacted, (d) mmntmn d~splays of merchandise ~n any display w~ndows pursuant to a standard estabhshed by the Master Lease Pagel3of 16 tenant; (e) keep the d~splay windows and signs well lit, (f) secure, maintain and comply w~th all reqmred licenses and permits, (g) not conduct any auction, d~stress, fire or bankruptcy sale or any fictitious going out of business sale, (h) maintain ~ts subleased premises m a clean, ordinary and samtary condition, and 0) promptly pay all utihty bills and connection fees. Maintenance and Repatr Obhgattons. The C~ty/Authonty shall be responsible for repairing and/or replacing the structural elements of the Retad Space (i.e., exterior, roof, exterior walls, sidewalks, repairs necessitated by structural failure). The Master Lease tenant shall be responsible for all other maintenance and repair obhgatmns 0 e, windows, doors, interior painting, floor covering, room fimsh, fixtures, plumbing, HVAC, electric). Insurance. Subject to the City/Authonty's right to self insure, the C~ty/Authority shall continuously mmntain the following insurance with respect to the Retail Space' (a) hazard insurance to the extent of the full replacement cost of the Parking Garage (including the Retail Space) and (b) liability insurance with minimum hm~ts of $5,000,000 per occurrence arising out of ownership, maintenance or use of the Parking Garage (including the Retail Space). The Master Lease tenant shall continuously mmntmn the following insurance w~th respect to the Retail Space (a) habihty ~nsurance with mimmum limits of $5,000,000 per occurrence arising out of the use of the Retml Space, (b) to the extent reqmred by law, workers' compensation xnsurance, and (c) business interruption and/or rental loss insurance for at least a twelve month period. Casualty. If the Retail Space ~s damaged by fire or other casualty, the C~ty/Authonty (provided that the City/Authority receives and appropriates adequate ~nsurance proceeds and subject to lawful appropriation by the C~ty/Authonty of funds reqmred in addition to insurance proceeds to cover all costs and expenses) shall promptly cause such damage to be repaired or replaced, so long as the Master Lease is reasonably expected to be in effect for at least five years from the date of damage Condemnation. If the entirety of the Retml Space (or all means of access thereto) is taken or condemned pursuant to the power of eminent domain, or by purchase under threat thereof, the Master Lease shall terminate as of the date of taking. The Master Lease tenant shall have no claim against the City/Authority as a consequence of any taking under eminent domain power or Page 14 of 16 any right to assert in any eminent dommn proceeding a clmm to any port~on of the award or the purchase price for the value of the unexpired term of the Master Lease. In the event of a temporary taking pursuant to the power of eminent dommn that renders any part of the Retml Space unusable, the Master Lease shall not termtnate, the Term shall be extended by the period of the temporary taking, and the rental payment shall abate pro-rata based upon the port~on of the Retml Space rendered unusable dunng the period of the temporary taking. Asszgnment and Subletttng. City/Authority shall have the full and complete right at all times to assign, pledge, encumber and/or otherwise convey any and all of ~ts interest ~n the Master Lease or the Retml Space. The Master Lease shall not be assigned by the Master Lease tenant ~n whole or ~n part. The Master Lease tenant shall have the right and obligation to sublease the Retml Space, in part, w~th the prior written consent and approval of the C~ty/Authonty, not to be unreasonably withheld, conditioned or delayed, to a healthy m~x of retail tenants to complement the hotel, the park and the remmnder of the oceanfront project but shall remain responsible for the payment of rent and for all other obhgations and habilities under the Master Lease. Alteratzons. The Master Lease tenant shall not alter or improve, nor cause any alterations and ~mprovements to be made to, the Retml Space other than tenant fit-out and exterior treatments requested by the subtenants under any subleases entered ~nto between the Master Lease tenant and ~ts subtenants, as approved by the C~ty/Authonty &gns; Extertor Decoratzons. The Master Lease tenant, and all subtenants, shall not place or mmntain any s~gn w~thout first obtaimng the City/Authonty's prior written approval thereof and all licenses, permits and approvals required by apphcable governmental authorities Subordznatton. The Master Lease shall be subordinate to all mortgages, deeds of trust or other security ~nstruments placed upon the Retad Space and the Parking Garage. Page 15 of 16 EXHIBIT E o BASIC USE RESTRICTIONS All businesses to be operated in the Retail Space must be compatible in nature w~th, and complimentary to, the construction and operation of the intended four-star approximately 300 unit hotel to be built on the tract of land across Atlantic Avenue from the Parking Garage, and any restaurants or nightclubs within the hotel. The businesses located within the Retml Space must not be directly competitive with any restaurant or mghtclub operated within the hotel The businesses must be h~gh-quahty retml compatible with a 300-room four-star hotel. The following uses and activities shall be prohibited in the Retad Space' (a) any use which emits or results in an obnoxious odor, nmse or sound which would constitute a public or private nuisance (other than reasonable emanations of cooking odors from any restaurants otherwise permitted in the Retail Space); (b) any use that ~s physically damaging to other portions of the Retail Space or Parking Garage or that creates dangerous hazards; (c) any laundromats; (d) any estabhshment selling or exhibiting pornographic material; (e) any flea-market or pawn shop; (f) any pool or bdliard hall, other than incidental use of pool or billiard tables for secondary entertainment purposes provided solely to customers; (g) any video, pinball and/or amusement arcade, or simdar entertainment facility; (h) any motion picture theaters; (i) any business establishment with a drive-through window; (j) any tattoo or bodypIerclng or body jewelry parlors or estabhshments; (k) any "head shops" or businesses selling Items perceived as Illegal substance tnma; (1) any businesses selling exclusively tourists souvenir items and/or soft drinks, beverages, snacks or candy for off-premises consumption; and (m) any horror or fright houses. C ~Documents and Sett~ngs\rbloom\Local Settmgs\Temp\rfpb~d agr4 wpd Page 16 of 16 - 20- Item V-I. 1. PUBLIC COMMENT ITEM # 49 719 Mayor Oberndorf DECLARED THE PUBLIC COMMENT PERIOD OPEN Towing Advisory Board Recommendations The followtng regtstered tn SUPPORT Ernest Cooper, Operator -Artstocrat Towtng, 6539 East Vtrgtnta Beach Boulevard, NorJblk 23502, Phone, 459-8010 Kathy Chapman, Portfoho Manager (multtple properttes/ Condomtntum and Home Owners's Assoctattons throughout the Ttdewater area) 2224 Vtrgtnta Beach Boulevard, Sutte 201 23454, Phone 486-6000 Larry LeMasters, Affordable Towing, 2224 Vtrgmta Beach Boulevard, Sutte 201 23454, Phone 486-6000 Steve Cowan, 280 South Parhament Drtve, 23462, Phone 473-8610 John Taylor, Taylor's Towmg, 1927 Independence Boulevard 23455, Phone 461-3339 Bill Htggtns, 185 Mac Street 23462, Phone 461-5765 Karen Bernard, 429 Hartsdale Road 23462, Phone 473-9780, dtstrtbuted stattsttcs Dave Frtedman, Prestdent- Century Towtng Servtce, 5004 Vtrgtnta Beach Boulevard 23462, Phone 460-9700 Judy Taylor, 640 Newtown Road 23462, Phone 434-2169, presented stattsttcs The followtng spoke tn OPPOSITION: Brtan Ktrwtn, 304 Crtpple Creek Court 23454, Phone 461-0177 Barbara Messner, Friends of the Mst the Street Park, 1413 Kara Court, 23454, Phone 422-1902 There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT June 4, 2002 Item V-I. 2. - 21 - PUBLIC COMMENT ITEM # 49 720 Mayor Oberndorf DECLARED THE PUBLIC COMMENT PERIOD OPEN Shore Drive Transportation Study and Design Guidelines The followtng regtstered tn SUPPORT Robert Stanton, Chatrman- Shore Drtve Advtsory Commtttee, 4141 First Court Road 23455 Kal Kasstr, Member - Shore Drtve Advtsory Commtttee and Prestdent of the Shore Drtve Merchants Assoctatton, 2009 Alptne Road, Phone 481-0398 The followtng regtstered tn OPPOSITION to replacement of Lesner Brtdge Todd R Solomon, 2260 Ftrst Landmg Lane 23451, Phone 496-5733, Ttm Solantc, 3612 Dupont Ctrcle 23455, Phone 464-6922 Anne Kane, Concerned Ctttzens of Ocean Park Area, 2239 Roanoke Avenue 23455, Phone 363-7321 Anne Nelson, Ocean Park Ctvtc League, 3758 Chpper Bay Drtve 23455, Phone 318-7525 Daphne Atktns, 4492A Ocean Vtew Avenue 23455, Phone 464-5011 Jenntfer Solomon spoke for Marvtn Enms, 3556 On The Bay g403 23455, Phone 363-1740 Barbara Messner, Post Office Box 514, Phone 422-1902 There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT June 4, 2002 Item VJ.$. - 22 - ADD-ON ITEM # 49721 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADDED to the Consent Agenda Ordtnance to extend the date (June 5, 2002)for sattsfytng conchttons tn the matter of KENNETHA. HALL and $ & S ENTERPRISES re the closing, vacating and dtsconttnutng of a portton of Spruce Street and two porttons of Second Street to August 5, 2002 Vottng 10-0 Counctl Members Vottng Aye Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Ltnwood 0 Branch, III June 4, 2002 Item V-J. - 23 - ORDINANCES ITEM # 49 722 Upon motion by Vtce Mayor Sessoms, seconded by Counctl Lady Henley, Ctty Council APPROVED IN ONE MOTION, Ordtnances 1, 2, 3, 4 and ADD-ON Or&nance (KENNETH A. HALL and S & S ENTERPRISES) of the CONSENT AGENDA. Vottng 10-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III June 4, 2002 Item V-J. 1. - 24 - ORDINANCES ITEM # 49 723 Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Henley, Ctty Counctl ADOPTED Or&nance to APPROPRIATE $949,000 to the FY 2001-02 operattng budget of the Comprehenstve Servtces Act (CSA) Spectal Revenue Fund and APPR OPRIA TE/TRANSFER $665,000 to the FY2001-02 operattng budget re juvenile probation Vottng 10-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Ltnwood 0 Branch, III June 4, 2002 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 AN ORDINANCE TO APPROPRIATE $949,000 TO THE FY 2001-02 OPERATING BUDGET OF THE COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND, AND TO APPROPRIATE AND TRANSFER $665,000 TO THE FY 2001-02 OPERATING BUDGET FOR JUVENILE PROBATION WHEREAS, uncontrollable trends have created a deficit in the Comprehensive Services Act Special Revenue fund, which provides services for emotionally troubled youth; and WHEREAS, over the past six years, usage of non-secure and outreach detention and post-dispositional services have steadily increased and have created a deficit in the Juvenile Probation budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. To address the CSA shortfall, $949,000 is hereby appropriated to the FY 2001-02 Operating Budget of the Comprehensive Services Act Special Revenue Fund, with $500,000 of this amount being appropriated from fund balance in the Comprehensive Services Act Special Revenue Fund and $449,000 being appropriated from fund balance in the General Fund, with estimated revenue increased accordingly. 2. To address the Juvenile Probation shortfall, $151,000 is hereby appropriated from fund balance in the General Fund to the FY 2001-02 Operating Budget for Juvenile Probation, with estimated revenue increased accordingly. 3. To further address the Juvenile Probation shortfall, $514,000 is hereby transferred to the FY 2001-02 Operating Budget for Juvenile Probation, with $435,000 being transferred from the CSA and Juvenile Probation Reserve for Contingencies, and $79,000 being transferred from the General Fund Regular Reserve for Contingencies. 34 35 36 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of June , 2002. Requires an affirmative vote by a majority of the members of City Council. CA-8489 Ordin/Noncode/csafy2002ord.wpd R6 May 28, 2002 APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY City Attorney' fice' Item V-J. 2. - 25 - ORDINANCES ITEM # 49 723 Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Henley, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE $43,024from the State and $28,097from the Federal Government to the FY2001-02 operattng budget of the Department of Mental Health, Mental Retardatton and Substance Abuse Services (MHMRSA) re increased services to clients. Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III June 4, 2002 AN ORDINANCE TO ACCEPT AND APPROPRIATE $43,024 FROM THE STATE AND $28,097 FROM THE FEDERAL GOVERNMENT TO THE FY 2001-02 OPERATING BUDGET OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES, TO PROVIDE INCREASED SERVICES TO CLIENTS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, the Virginia Beach Department of Mental Health, Mental Retardation, and Substance Abuse has received additional funding from the State and the federal government to provide enhanced mental health services to clients; and WHEREAS, no additional City funding is required to obtain the additional State and federal funding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $43,024 in estimated revenue from the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services and $28,097 in estimated revenue from the federal government is hereby accepted and appropriated to the FY 2001-02 Operating Budget of the City's Department of Mental Health, Mental Retardation and Substance Abuse for the purpose of providing increased services to the Department's clients. 2. That estimated revenue from the Commonwealth is hereby increased by $43,024 and estimated revenue from the federal government is increased by $28,097. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of June , 2002. CA-8504 Noncode[MHMRSA $43,024 & $28,097.ord May 22, 2002 R1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~i~ AttornJs Office Item V-d.3. - 26- ORDINANCES ITEM # 49 724 Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Henley, Ctty Counctl ADOPTED: Ordtnance to TRANSFER $200,000 wtthtn the FY 2001-02 operattng budget of the Department of Mental Health, Mental Retardatton and Substance Abuse (MHMRSA) re funding for facility refurbishment. Vottng 10-0 (By Consent) Counctl Members Voting Aye Margaret L Eure, Wtlliam W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III June 4, 2002 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO TRANSFER $200,000 WITHIN THE FY 2001-02 OPERATING BUDGET OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE TO PROVIDE FUNDING FOR FACILITY REFURBISHMENT WHEREAS, space leased at Pembroke Office Park by the Virginia Beach Department of Mental Health, Mental Retardation, and Substance Abuse, including public areas, has not been refurbished in several years and is in need of painting, carpeting, and reconfiguration; and WHEREAS, of the $350,000 needed for the refurbishment, $150,000 is currently available in the Department's operating accounts, but $200,000 needs to be transferred from the Department's personnel accounts to its operating accounts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $200,000 is hereby transferred within the FY 2001-02 operating budget of the Department of Mental Health, Mental Retardation, and Substance Abuse for the purpose of refurbmshing space leased by the Department at Pembroke Office Park. 22 23 Adopted by the Council of the City of Virginma Beach, Virginia, on the 4th day of Jun~ , 2002. CA-8503 Noncode/MHMRSA Facility Refurbishment.ord May 23, 2002 R2 APPROVED AS TO CONTENT: ~anage~en~ Services APPROVED AS TO LEGAL SUFFICIENCY: Item V-J. 4. -27- ORDINANCES ITEM ii 49 725 Upon motion by Vtce Mayor Sessoms, seconded by Counctl Lady Henley, Ctty Counctl ADOPTED: Ordinance to TRANSFER $142,000 wtthtn the department of Pubhc Works' FY 2001-02 operattng budget re replacement of an automated waste collection vehicle. Vottng 10-0 (By Consen0 Council Members Vottng Aye Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III June 4, 2002 AN ORDINANCE TO TRANSFER $142,000 WITHIN THE DEPARTMENT OF PUBLIC WORKS' FY 2001-02 OPERATING BUDGET TO FUND A REPLACEMENT AUTOMATED WASTE COLLECTION VEHICLE 10 11 12 13 14 15 16 17 18 WHEREAS, an automated waste collection vehicle was involved in an accident on April 16, 2002, and requires replacement to maintain services to residents of the City, and there are sufficient funds available within the FY 2001-02 Operating Budget of the Department of Public Works Waste Management Division to transfer for this purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, That $142,000 is hereby transferred within the Department of Public Work's FY 2001-02 Operating Budget to purchase a replacement automated waste collection vehicle. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of June , 2002. CA-8502 noncode/waste collection vehicle.ord.wpd May 21, 2002 R1 APPROVED AS TO CONTENT: ~/Management] 'S e rv'i ces APPROVED AS TO LEGAL SUFFICIENCY: City At torne]~ Item V=J. 5. - 28 - ORDINANCES ITEM # 49 726 Upon motion by Vtce Mayor Sessoms, seconded by Council Lady Henley, Ctty Counctl ADOPTED: Ordtnance to extend the date (June 5, 2002)for sattsfytng condtttons tn the matter of KENNETHA. HALL andS & S ENTERPRISES re the clostng, vacattng and dtsconttnutng of a portton of Spruce Street and two porttons of Second Street to August 5, 2002 Vottng 10-0 (By Consent) Counctl Members Voting Aye Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III June 4, 2002 AN ORDINANCE EXTENDING THE DATE FOR SATISFYING CONDITIONS IN THE MATTER OF THE CLOSING, VACATING AND DISCONTINUiNG OF A PORTION OF SPRUCE STREET AND TWO PORTIONS OF SECOND STREET, UPON THE APPLICATION OF KENNETH A. HALL AND S & S ENTERPRISES WHEREAS, on June 5, 2001, the Council of the C~ty of V~rg~ma Beach acted upon the applications of Kenneth A. Hall and S & S Enterprises for the closure of portions of three streets as 10 follows 11 1. 12 A portion of Spruce Street located between Block 9, Jacksondale and Block D, Rosemont; 13 2 14 A portion of Second Street located between Blocks B & D, Rosemont; 15 3. 16 A portion of Second Street located between Blocks 3 & 9, Jacksondale, and 17 WHEREAS, on June 5,2001 the Council adopted three (3) Ordinances to close the aforesaid 18 streets, subject to certain conditions being met on or before June 5, 2002; and 19 WHEREAS, the applicants have requested an extension of time to satisfy the conditions 2 0 attached to the aforesaid street closures. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 2 2 VIRGINIA BEACH, VIRGiNIA' 23 That the date for meeting conditions of closure as stated in the Ordinances adopted on June 2 4 5, 2001, upon apphcat~on of Kenneth A. Hall and S & S Enterprises, is extended to August 5, 2002 25 26 Adopted by the Council of the City of Vlrg~ma Beach, Vlrglma, on the 4th day of June ,2002. 27 28 29 30 31 32 33 34 35 CA-8479 ORDIN~NONCODE\CA8479 ORD Date: 06/04/02 R1 APPROVED AS TO LEGAL SUFFICIENC3'7_ Clt4~torn~y' s Office 6'-'9 - 29 - V-K. 1. APPOINTMENTS ITEM # 49 72 7 Upon NOMINATION by Vtce Mayor Sessoms, City Council APPOINTED: C. Mac Raw& Chair Fred Hazelwood - First Landing State Park Edwin K. Brown - Francis Land/Thoroughgood House Steve Mansfield- Virginia Wesleyan College E. Sidney Vaughn - Princess Anne/Virginia Beach Historical Society Robert C. Fort - Virginia Beach Vision President/Designee - Virginia Beach Hotel/Motel Assn. Chair/Board Designee - Virginia Beach School Board Sharon L. Fraim - Virginia Beach Arts & Humanities Samuel J. Arrington - Virginia Beach Chamber of Commerce. Roy A. Dudley - Order of Cape Henry Commanding. Officer/Designee - Ft. Story Commanding Officer/Designee - Oceana Tommy J. Bogger - Norfolk State University. Oliver Perry - Nansemond River Tribe Susan Hirschbiel- Virginia Arts Festival Elsie M. Barnes Wylie French Cornell Fuller Manuel A. Hipol Carolyn R. Lincoln No Terms VIRGINIA BEA CH/JAMESTO WN 2 O0 7 ANNIVERSARY STEERING COMMITTEE Voting 10-0 (By Consent) Councd Members Voting Aye Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent Ltnwood 0 Branch, III June 4, 2002 V-No - 30- ITEM # 49 728 ADJOURNMENT Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 7:44 P.M. Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta June 4, 2002