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HomeMy WebLinkAboutSEPTEMBER 2, 1997 MINUTESCity ot' Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF. A! I.,..~e VICE MAYOR I~'ILLIAM D SESSO~$, ]R , A~-I.~,g~ }OHN A BAUM Bl,~kt~m. Bem~h £1NV/¢X)D 0 BRANCH III V~qpma Fk. ach B,mu~h tVILLIAM W HARRISON. IR. £y,,hmm~ Somak HAROLD HEISCHOBER. At-I~ BARBARA M HENLEY, P,,~ Bom. Ih LOUIS R JONES, B.~.~k B~,~,~h REB~ S McCLANAN, P.r~m Amw Bom.~k NANCY K PARKER, AI-L~.Ie LOUISA M S'I'RA YHORN, Kml,~d.k B~,.~k JAMES K SPORE, C~t? LF_~JE L. 13LI..EY, C~ty RUTH HODGES SMITH, CMC I AAE, C,ty Ck~& CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 2:1456-9005 f7571 427-4303 September 2, 1997 I. REVIEW OF AGENDA ITEMS - Conference Room - 12:30 PM II. CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend Stanley W. Sawyer All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS August 26, 1997 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. RESOLUTIONS/ORDINANCES i · Resolution calling for an Election to be held on the Ballot Question of whether the City should contract debt and issue General Obligation Bonds in the maximum of $62,494,512 re financing renovation and reconstruction of the following elementary schools: Bayside Louise Luxford W. T. Cooke Shelton Park Creeds Thalia Kempsville Meadows Woodstock · Resolution to defer proposed Bond Referendum or the establishment of a specific plan of action re modernization of various elementary schools. · Ordinance to establish a Plan for the renovation and reconstruction of certain elementary schools; APPROPRIATE and TRANSFER funds to implement the Plan. · Resolution calling for an Election to be held on the Ballot Question of whether the City should contract debt and issue General Obligation Bonds in the maximum of $21,168,430 re financing the renovation, reconstruction _-~d construction of certain public library facilities· · Resolution to defer proposed Bond Referendum re renovation, reconstruction and construction of certain public library facilities. · Ordinance to establish a Plan for the renovation and construction of certain Library facilities. · Resolution to request the United States Congressional Delegation appropriate $2-Million for preliminary engineering re Norfolk-Virginia Beach Light Rail Project; and, reauthorize the Intermodal Surface Transportation Efficiency Act (ISTEA), including a $225-Million authorization re construction of the project. (Sponsored by Council Member Louisa M. Strayhorn) · Resolution to refer to the Planning Commission proposed Amendments to the City Zoning Ordinance (CZO) re expanding the use of flex suites and providing safeguards to limit their use to senior citizens and/or disabled persons. · Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way at Staghorn Drive end Revere Drive (Lot 9, Block 11, Salem Woods, Section Four) by Allen and Sherry Stauffer re construction and maintenance of brick pillars and planters. 10. Ordinance to declare 1.373 acres EXCESS PROPERTY on Independence Boulevard at Salem Road; and, authorize the City Manager dispose of same in the best interest of the City, depositing any revenue derived to the Neighborhood Park Develo~nnent (CIP 4-950). 11. Ordinance to authorize the City Manager execute all Project Documents, specifically including the Development Agreement, Coordination Agreement, Ground Lease and Cost Participation Agreement, re Heron Ridge ~olf Facility at the West Neck Creek site off Seaboard Road. 12. Ordinance to authorize $63,947.79. Refunds in the amount of We PUBLIC HEARING - PLANNING I · Ordinance in the petition of THE RUNNYMEDE CORPORATION for the discontinuance, closure and abandonment of the following streets (LYNNHAVEN BOROUGH): Pine Street: Beginning at the Northern boundary of Fourth Street and running 499.40 feet in a Northerly direction, 66.02 feet in width. Third Street: Beginning at the Northeastern intersection of Pine and Third Streets and running 412.84 feet in an __.~erly direction, 50.02 feet in width Poplar Str~t: Beginning at the Northern boundary of Fourth Street and running 499.40 feet in a Northerly direction, 66 feet in width. Deferred for Compliance: 25 February 1997 Additional 180-Day Deferral: 26 August 1997 Recommendation: FINAL APPROVAL K. APPOII71~4E~TS BOARD OF BUILDING CODE APPEALS RESORT AREA ADVISORY COMMI SS ION (RAAC) WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOUP/%'MENT If you are physically disabled or visu&11y impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * * · 08/28/97cmd AGENDA\09\02\97. ITM www. virginia-beach, va. us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 2, 1997 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING in the Council Conference Room, City Hall Building, on September 2, 1997, at 12:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. William ~ Harrison [ENTERED: 12:35 P.M.] [ENTERED: 12:42 P.M.] Nancy K. Parker [ENTERED: 12:40 P.M.] -2- AGENDA RE VIEW SESSION 12:32 P.M. ITEM # 42548 Mayor Oberndorf reiewed agenda items: 1.1. Resolution calling for an Election to be held on the Ballot Question of whether the City should contract debt and issue General Obligation Bonds in the maximum of $62,494,512 re financing renovation and reconstruction of the following elementary schools: Bayside Louise Luxford W. T. Cooke Shelton Park Creeds Thalia Kempsville Meadows Woodstock 1.2. Resolution to defer action on a Bond Referendum or the establishment of a specific plan of action re modernization of various elementary schools. 1.3. Ordinance to establish a Plan for the renovation and reconstruction of certain elementary schools. 1.4. Resolution calling for an Election to be held on the Ballot Question of whether the City should contract debt and issue General Obligation Bonds in the maximum of $21,168,430 re financing the renovation, reconstruction and construction of certain public library facilities. LS. Resolution to defer proposed Bond Referendum re renovation, reconstruction and construction of certain public library facilities. 1.6. Ordinance to establish a Plan for the renovation and construction of certain Library facilities. ITEM # 42549 Mayor Oberndorjq, Council Members expressed concerns and suggested DEFERRAL: 1.7. Resolution to request the United States Congressional Delegation appropriate $2-Million for preliminary engineering re Norfolk-Virginia Beach Light Rail Project; and, reauthorize the Intermodal Surface Transportation Efficiency Act (1STEA), including a $225-Million authortzation re construction of the project. (Sponsored by Council Member Louisa M. Strayhorn) This item will be discussed during the Formal Session. September 2, 1997 -3- AGENDA RE VIEW SESSION ITEM # 42550 Mayor Oberndorf advised City Council was BRIEFED on August Fifth relative flex suites and the studies of the Senior Housing Committee, Chaired by Council Lady Henley and of which Council Lady Parker is a member. Council Lady McClanan expressed concerns relative flex suites in certain zoning categories. 1.8 Resolution to refer to the Planning Commission proposed Amendments to the City Zoning Ordinance (CZO) re expanding the use of. flex suites and providing safeguards to limit their use to senior citizens and/or disabled persons. This item will be discussed during the Formal Session to advise the Planning Commission of City Council's concerns. Council Lady Henley recommended an accompanying cover letter emphasizing the City Council is not recommending any change in the foot print of the house, lot coverage nor the setbacks. The flex suites shouM be under the same constraints that wouM govern any addition to a home. ITEM # 42551 Council Lady McClanan requested the revenue derived from the sale of the Excess Property be specified to be utilized in the Kempsviile area neighborhood development. 1.10 Ordinance to declare 1.373 acres EXCESS PROPERTY on Independence Boulevard at Salem Road; and, authorize the City Manager dispose of same in the best interest of the City, depositing any revenue derived to the Neighborhood Park Development (CIP 4-950). ITEM # 42552 BY CONSENSUS, the following items shah compose the CONSENTAGENDA: RESOLUTIONS~ORDINANCES L9. Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way at Staghorn Drive and Revere Drive (Lot 9, Block 11, Salem Woods, Section Four) by Allen and Sherry Stauffer re construction and maintenance of brick pillars and planters LIO Ordinance to declare 1.373 acres EXCESS PROPERTY on Independence Boulevard at Salem Road; and, authorize the City Manager dispose of same in the best interest of the City, depositing any revenue derived to the Neighborhood Park Development (CIP 4-950). Lll Ordinance to authorize the City Manager execute aH Project Documents, specifically including the Development Agreement, Coordination Agreement, Ground Lease and Cost Participation Agreement, re Heron Ridge Golf Facility at the West Neck Creek site off Seaboard Road. 1.12 Ordinance to authorize License Refunds in the amount of $63,947.79 September 2, 1997 -4- CITY COUNCIL CONCERNS 12:39 P.M. ITEM # 42553 Mayor Oberndorf referenced faxed correspondence from Steven Johnson of the Endependence Center, which had been under the impression the Center wouM be the consultant in the Multi-Purpose Stadium. The Endependence Center believes they are being ignored. The City Manager advised the City staff had met twice with the Endependence Center and they had reviewed the plans of the project and will meet with them again. The Endependence Center followed this meeting with a Proposal for Services for consulting fees. The City intends to retain the Endependence Center as a consultant. The Endependence Center had attempted to be part of the process on the development of the amphitheater. Because they were not hired as consultants, Steve Johnson advised the amphitheater was not properly constructed for ease of handicapped access. Endependence Center was then forced to take the City to court. The Endependence Center has been paid consultants for the City of Norfolk for Harbor Park and other facilities. ~4s Mr. Johnson had not heard from the City since their last meeting relative the Soccer Stadium, they wished to bring their concerns to the attention of the Mayor. The Endependence Center's fee is $50. O0 per hour. Mayor Oberndorf will provide the City Manager with a copy of the correspondence. ITEM # 42554 Councilman Baum referenced ordinances in the rural areas regarding hunting and the distance from residents and highways in which a gun may be fired. Skeet shooting is becoming popular and this noise is continuous. Councilman Baum inquired whether any City ordinances would apply to this type of recreation and requested information relative enforcement by other localities. Councilman Baum said his dogs break through the screen wire when they hear this shooting. The City ~4ttorney advised it does appear that as additional housing develops in the Southern end of the City and primarily agricultural areas, it might be necessary to amend certain ordinances. ~4t the present time, gun fire is prohibited approximately 150 yards from a house. The City ~4ttorney will investigate and advise. September 2, 1997 -5- ITEM # 42555 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, September 2, 1997, at 12:47 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None September 2, 1997 -6- ITEM # 42556 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments - Boards and Commissions: Board of Building Code Appeals Public Ltbrary Board Resort Area Advisory Commission Wetlands Board Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into EXECUTIVE SESSION. Voting: I1-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 2, 1997 -7- FORMAL SESSION VIRGINIA B EA CH CITY CO UNCIL September 2, 1997 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 2, 1997, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: The Reverend Stanley W. Sawyer Al Saints Episcopal Church PLEDGE OF ~LEGL4NCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed he would ABSTAIN on Items I. 11 (HERON RIDGE GOLF) and d.I. (RUNNYMEDE CORPORATION). There were no other matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his,..capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1997, is hereby made a part of the record. September 2, 1997 -8- Item IV-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42557 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 2, 1997 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 42556 Page No. 6 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. l~th Hodges 'Smitff,, CMC/AAE City Clerk September 2, 1997 -9- Item VI-F. 1. MINUTES ITEM # 42558 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 26, 1997. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W Harrison, Jr, HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 2, 1997 - 10- Item IF-G. 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 42559 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 2, 1997 -11- Item 1F'-L RES OL UTIONS/ORDINANCES ITEM # 42560 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED B Y CONSENT in ONE MOTION Ordinances 9, 1 O, 11 and 12. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, IIL William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan*, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bsent: None Vice Mayor Sessoms ABSTAINED on Item L 11 (HERON RIDGE GOLF FA ClLITY), as proposals have been sent to banks for construction of the golf course. His bank will be making an offer. Councilman Jones DISCLOSED AND ABSTAINED on Item 10 (EXCESS PROPERTYflNDEPENDENCE BL VD. A T SALEM ROAD) as this property is adjacent to the property which he owns and he may be interested in purchasing this property if it is declared excess. Council Lady Parker advised she will be voting a VERBAL NAY on Item 11. September 2, 1997 - 12- Item IV-I. 1. RES OL U TIONS/ORD INANCES ITEM # 42561 Mike Arsuaga, 520 Surfside, Phone: 425-7084, spoke relative the Referendums for Schools and Libraries. and requested same be postponed until 1998 and the Cooke Project be funded in the 1998-99 CIP. A MOTION was made by Council Lady Henley, seconded by Council Lady Strayhorn to ADOPT as Option 2, AS AMENDED: Ordinance to establish a Plan for the renovation and reconstruction of certain elementary schools; APPROPRIATE and TRANSFER funds to implement the Plan. A SUBSTITUTE MOTION was made by Councilman Jones, seconded by Councilman Harrison TO ADOPT: Resolution (Option 1) calling for an Election to be held on the Ballot Question of whether the City should contract debt and issue General Obligation Bonds in the maximum of $62,494,512 re financing renovation and reconstruction of the following elementary schools: Bayside Louise Luxford I~. T Cooke Shelton Park Creeds Thalia Kempsville Meadows Woodstock Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William ~ Harrison, Jr. and Louis R. Jones Council Members Voting Nay: Harold Hetschober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Counctl Members Absent: None September 2, 1997 - 13- Item IV-I.2. RES OL UTI ONS/ORD INA N CE S ITEM # 42562 City Council took NO ACTION (Option 2 Adopted): Resolution (Option 3) to defer action on a Bond Referendum or the establishment of a specific plan of action re modernization of various elementary schools. September 2, 1997 - 14- Item IV-I. 3. RES OL UTIONS/ORDINANCES ITEM # 42563 Upon motion by Council Lady Henley, seconded by Council Lady Strayhorn, City Council ADOPTED Option 2, AS AMENDED*: Ordinance to establish a Plan for the renovation and reconstruction of certain elementary schools; APPROPRIATE and TRANSFER funds to implement the Plan. The following verbiage shall be added: *"WHEREAS, it is the intent of the City Council that the City Manager budget sufficient funds in the 1998/99 capital budget to fund the construction and completton of the W. T. Cooke Elementary School reconstruction, the new school to open in September 1999, as proposed." Councilman Heischober referenced the City Manager's correspondence of August 31, 1997, to Mayor and Members of City Council recommending approval of the Ordinances under OPTION 2for both the school and library items. This letter shall be a part of the proceedings as Councilman Heischober voted in favor of these Option 2 Plans for the School and Library items based on these recommendations and for the reasons contained in said letter. Voting: 7-4 Council Members Voting Aye: Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr. and Louis R. Jones Council Members Absent: None September 2, 1997 AN ORDINANCE TO ESTABLISH A PLAN FOR THE RENOVATION/RECONSTRUCTION OF CERTAIN ELEMENTARY SCHOOLS AND APPROPRIATING AND TRANSFERRING FUNDS TO BEGIN THE IMPLEMENTATION OF THE PLAN WHEREAS, the School Board has identified the need to renovate and reconstruct older elementary schools; WHEREAS, the City Council recognizes this need and intends to establish a comprehensive plan to address this need while Insuring the best interests of the City as a whole; WHEREAS, W.T. Cooke Elementary School is over 90 years of age, cannot be economically modemized and must be demolished and reconstructed, thereby necessitating the temporary relocation of its student body and requiring additional time to accomplish; WHEREAS, the City Council wishes to insure that time schedules for design and study of elementary schools in need of renovation/reconstruction are maintained; WHEREAS, the City Council desires that a comprehensive approach be taken to elementary school renovation/reconstruction resulting in a single referendum and completion of all identified schools as quickly as possible in a time period of five to seven years rather than the approximately twelve years envisioned by the three-phase plan; WHEREAS, the City Council wishes to insure that the scope and cost of the needed renovation/reconstruction projects are only those essential to meet the needs of children and that such projects are sustainable within the context of broader educational needs and resources; WHEREAS, the City Council understands that middle school educational program issues are being reviewed by the School administration and staff and that physical renovation/reconstruction should be examined following establishment of appropriate prototype facilities or feasible standards; WHEREAS, there exists in the School Capital Project 1-211 'School Operating Budget Support' surplus funds in the amount of $2,150,000; WHEREAS, the Schools have received $600,000 in proceeds resulting from certain legal settlements which proceeds have not been appropriated; ~WHEREAS, there are available authorized but unappropriated Charter Bonds in the amount of $400,000; WHEREAS, it is the intent of the City Council that the City Manager budget sufficient funds in the 1998/99 capital budget to fund construction and completion of the W.T. Cooke Elemen a~chool reconstruction, the new school to open in September 1999, as proposed; and WHEREAS, it is the intent of City Council to place before the voters in November, 1998, a comprehensive program for the renovation/reconstruction of 18 elementary schools and to take such prefatory steps as are needed to this end and as are ordained below. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $600,000 are hereby transferred from Capital Project 1-211 'School Operating Budget Support' to Capital Project 1-100 'Comprehensive Modernization Study"; and that the scope of Capital Project 1-100 is hereby amended to include the study of eleven (11) additional elementary schools. BE IT FURTHER ORDAINED: That the following capital projects are hereby established and that funds in the amount of $1,550,000 are hereby transferred from Capital Project 1-211 'School Operating Budget Support' to these newly established capital projects in the amounts shown below: 1. Capital Project 1-213 $445,300 CThalia Elementary School Modernization - Design) e Capital Project 1-214 $318,800 (Creeds Elementary School Modernization - Design) e Capital Project 1-215 $354,400 (Shelton Park Elementary School Modernization - Design) e Capital Project 1-216 $431,500 ~,Bayside Elementary School Modernization - Design) BE IT FURTHER ORDAINED: That funds in the amount of $1,000,000 are hereby appropriated to Capital Project 1- 006 'Various School Site Acquisition- Phase I' for the acquisition of property for the reconstruction of W.T. Cooke Elementary School; that estimated revenues from School legal settlement are hereby increased by $600,000 and that proceeds from authorized but unappropriated Charter Bonds are hereby increased by $400,000. BE IT FURTHER ORDAINED: That an independent review committee consisting of five persons appointed by the City Council is established to analyze both the costs and scope of the renovation/reconstruction projects. This ordinance shall be effective on the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of September ,1997. ~E. D. Block \ Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY Department of Law 1.110 I~ S TO: James K. Spore, City Manager FROM: Dean Block, Director of Management Services DATE: August 29, 1997 SUBJECT: School Matters We received two questions from members of Council on school matters. This memo responds. 1. Did the school system spend "extra" funds at the end of the year? Yes. While the actual school "ending balance" was approximately the $16.5 million programmed, it would have been much higher (approximately $20 million) had they not purchased over $3 million in unbudgeted materials and equipment in the last few weeks of the fiscal year. Analysis of the financial records indicates that most of the funds went to purchase computers and rolling stock, including buses. As you know, we had already programmed over $6 million for such purposes from the expected $16.5 million surplus. This extra year end spending acceleration frees up some of that $6 million to help with moving the modernizations forward, while still insuring that schools can buy what was planned. 2. Is the school administration building being redecorated? Was this budgeted? How much is being spent and what is the funding source? Yes. The school administration building is undergoing redecoration. We have not been able to obtain the information on the cost and funding source but expect to have that information on Tuesday. At this time, we do not believe this was budgeted. It is hoped this information is helpful. 5. Cooke Elementary School is recognized as an unique case whose construction will be funded with CHARTER BONDS in the 199g/99 CIP in order to insure its completion as scheduled in September, 1999. 6. No tax increase action will be needed in the upcoming Spring, 1998, budget process as a result of the recommended actions. 7. Your debt management policies will be maintained by the recommended actions, permitting their orderly review after the Lake Gaston project is completed. 8. There will be the necessary time to review and respond to the Oceana Environmental Impact Statement without potentially creating confusion in the mind of the public as the document is discussed at the same time a large referendum is before them. 9. By deferring the school referendum to November, 1998, the referendum can be comprehensive and establish a permanent means of addressing renovation and reconstruction needs. A comprehensive referendum will also mean broader community support and could allow the completion of all elementary schools several years earlier than allowed by the school proposal. The tax increase needed will be based on better information as a result of the design work to be done and could be smaller than would be needed if a three-phase program were followed. Finally, while nearly everyone agrees that renovation of schools and all infrastructure is a must in a responsible government, the short time frame involved in the current discussion has not permitted an understanding and consensus of the proposals to be forged. The long term financial consequences of quickly setting a renovation standard, potentially for all school modernizations to follow, needs to be fully explored and the public apprised of the total impact. In a representative democracy difficult decisions need to be made based upon full knowledge and thoughtful consideration by those entrusted with the responsibility.The course of action contained in "OPTION 2" maintains the momentum by addressing the very real needs of schools and libraries, resolves the pressing needs for a new Cooke Elementary School, gives adequate time to attempt to comprehensively solve the renovation issue, and meet our public information and discussion obligations. If I can provide additional information or assistance in your deliberations, please feel free to call on me. With Pride In Our City, (Original Signed By) James K. Spore City Manager c¢: Superintendent of Schools Director of Libraries - 15- Item IV-I. 4. RES OL UTIONS/ORDINANCES ITEM # 42564 City Council took NO ACTION (Option 2 Adopted): Resolution (Option I) calling for an Election to be held on the Ballot Question of whether the City should contract debt and issue General Obligation Bonds in the maximum of $21,168,430 re financing the renovation, reconstruction and construction of certain public library facilities. September 2, 1997 - 16- Item IV-I.$. RES OL UTIONS/ORDINANCES ITEM # 42565 City Council took NO ACTION (Option 2 Adopted): Resolution (Option 3) to defer proposed Bond Referendum re renovation, reconstruction and construction of certain public library facilities. September 2, 1997 -17- Item IF-I.~. RES OL UTIONS/ORDINANCES ITEM # 42566 Upon motion by Council Lady Henley, seconded by Council Lady Strayhorn, City Council ADOPTED, As Option 2: Ordinance to establish a Plan for the renovation and construction of certain Library facilities. As this Plan may or may not include a Referendum for 1998, Mayor Oberndorf advised she wouM not be voting in favor of same. Councilman Heischober referenced the City Manager's correspondence of August 31, 1997, to Mayor and Members of City Council recommending approval of the Ordinances under OPTION 2for both the school and library items. This letter shall be a part of the proceedings as Councilman Heischober voted in favor of these Option 2 Plans for the School and Library items based upon these recommendations and for the reasons contained in said letter. Voting: 7-4 Council Members Voting Aye: HaroM Heischober, William ~ Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: John A. Baum, Linwood O. Branch, III, Louis R. Jones and Mayor Meyera E. Oberndorf Council Members Absent: None September 2, 1997 AN ORDINANCE TO ESTABLISH A PLAN FOR THE RENOVATION AND CONSTRUCTION OF CERTAIN LIBRARY FACILITIES WHEREAS, the Public Library Board has prepared and presented alternative proposals 4 for improving the Library System; WHEREAS, the City Council is deeply appreciative of the work of the Board and has 6 given full consideration to their proposals; WHEREAS, the City Council wishes to support library improvements on an on-going basis consistent with the prudent use of limited resources; WHEREAS, it is the practice of City Council to call upon its appointed staff to review and 10 provide advice regarding proposals received and that time has not been available to carry out such action; 12 WHEREAS, the City Council wishes to selectively move forward on the highest priority 13 library projects during the 1997-98 fiscal year; 14 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 That the City Manager is hereby directed to independently review the scope of the proposals received, to make such modifications as are deemed appropriate to insure the fiscal feasibility of the program and to return to the City Council within 90 days, bringing forward a lc; plan and such appropriations as are necessary to allow for the initiation of the design of 20 renovations to selected existing libraries as well as the preliminary design of a library in the 21 General Booth Corridor of the City. 22 BE IT FURTHER ORDAINED: 23 That the City Manager is hereby directed to initiate actions to cooperatively develop a 24 plan to improve after-hour access to School libraries and the sharing of resources between City 25 and School libraries and that the School Board is hereby requested to offer their full cooperation 26 and support in this effort. This ordinance shall be effective on the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 29 September , 1997. day of APPROVED AS TO CONTENT Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY -18- Item VI-L 7. RESOL UTIONS/ORDINANCES ITEM # 42567 Klm Kimball, Executive Director- TRT, advised none of these funds are refundable to the Federal Government. Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED TO 9 SEPTEMBER 1997 CITY COUNCIL SESSION: Resolution to request the United States Congressional Delegation appropriate $2-Million for preliminary engineering re Norfolk-Virginia Beach Light Rail Project; and, reauthorize the Intermodal Surface Transportation Efficiency Act (ISTEA), including a $225-Million authorization re construction of the project. (Sponsored by Council Member Louisa M. Strayhorn) This DEFERRAL will allow the Staff time to revise the verbiage to include "and a $1 O-MILLION grant for the Southeastern Parkway and Greenbelt", after the request of the Tidewater Transportation District Commission for $2-MILLION in funding for FY-98 for preliminary engineering for the Norfolk- Virginia Beach Light Rail Project; and, after the reauthorization of the Intermodal Surface Transportation Efficiency dct, including an authorization for $225-MILLION of the Light Rail Project. A separate resolution may be necessary. Council Members do not wish to reflect to the Congressional Delegation they consider the Light Rail project more important than the Southeastern Parkway and Greenbelt. City Staff shall provide information relative the funding for all these issues including the proposed Third Crossing. Voting' 9-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IH, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and Louisa M. Strayhorn Council Members Absent: None September 2, 1997 - 19- Item IVJ. 8. RESOLUTIONS~ORDINANCES ITEM # 42568 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution to refer to the Planning Commission proposed Amendments to the City Zoning Ordinance (CZO) re expanding the use of. flex suites and providing safeguards to limit their use to senior citizens and/or disabled persons. Recommendations were given the Staff to assist the Planning Commission in their consideration. Voting: 11-0 Council Members Voting Aye: John d Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Counctl Members Absent: None September 2, 1997 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO THE CITY ZONING ORDINANCE PERTAINING TO FLEX SUITES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the number of senior citizens residing, or desiring 8 to reside, in the City of Virginia Beach is increasing; and WHEREAS, this trend is likely to continue, in light of the increase in the overall growth in the City's population, the aging ll of "baby boomers" and the desirability of Virginia Beach as a retirement place; and 13 WHEREAS, it is the sense of the City Council that Virginia Beach should be a place in which senior citizens can (1) live independently; (2) be involved in and contribute to the community; (3) have a good choice of living arrangements; (4) live in an 17 intergenerational city; and (5) have opportunities to improve and maintain good health; and 19 WHEREAS, it is the further sense of the City Council that 2o existing opportunities for senior citizens to live independently should be expanded; and 22 WHEREAS, the use of flex suites is a means by which the 23 foregoing objectives may be advanced; and 24 WHEREAS, it is the further sense of the City Council that the 25 foregoing considerations apply equally to disabled persons; and 26 Whereas, the public necessity, convenience, general welfare 27 and good zoning practice so require; AN ORDINANCE AMENDING THE CITY ZONING ORDINANCE BY ALLOWING FLEX SUITES IN ALL SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS AND PROVIDING SAFEGUARDS FOR THEIR USE SECTIONS AMENDED: CITY ZONING ORDINANCE SECTIONS 111, 401 and 501 8 9 10 SECTION ADDED: CITY ZONING ORDINANCE SECTION 507 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 13 That Sections 111, 401 and 501 of the City Code are hereby 14 amended and reordained and Section 507 is hereby added to read as 15 follows: 16 Sec. 111. Definitions. 18 Flex suite. A living unit, contalnlng ................... 19 with separate kitchen and toilet 20 facilities, located within a single-family dwelling and having 21 direct interior access to the primary living unit. 23 COMMENT 24 25 26 The proposed amendment deletes the 500 square foot floor area limitation from the definition of the term. The limitation is contained in proposed new section 507, which contains other restrictions upon the use of flex suites. 27 Sec. 401. Use regulations (Agricultural Zoning Districts) 28 (a) Principal and conditional uses. The following chart lists 29 those uses permitted within the AG-1 and AG-2 Agricultural 30 Districts. Those uses and structures in the respective agricultural 31 districts shall be permitted as either principal uses indicated by 32 a "P" or as conditional uses indicated by a "C." Uses and 33 structures indicated by an "X" shall be prohibited in the ~I~f©IE~l 03, S~ GiEAO~IctcI~ L9 99 ~9 L :IN~INOD Oi SV GSAO~ddV L66I ' II ~snSn~ ~9 09L9-L6-~fO si '/.661 ' 7o XPp aq~ uo 'PzuzB~[!A L[ aaqm~ldas [ ' . 'qoPaS PTu!B~TA ~o X~ID aq~ ~o iTounoo A~TO aq~ Xq pa~dop~ 9[ · paqoP~P o~azaq sm s~uampuamP pasodo~d qons ~o Xdoo anna ~ 'suos~ad palqPs~p pup suaz~o ~o~uas ~o 6u~snoq uPq~ ~aq~o sasod~nd ~o~ asn ~!aq~ ~uaAa~d o~ sp~PnBa~Ps Bu!p!~o~d pup sa~ns xai~ ~o asn aq~ 6u~puPdxa aouPu~p~0 6u~uoz X~D aq~ o~ s~uampuamP pasodo~d 'uoT~Ppuammooa~ pup UOT~P~apTsuoo s~T ~o~ 'UOTSSTmmOD BUTUUeId aq~ o~ pa~Aa~a~ Xqa~aq s~ aAaq~ ~eqI I[ 0[ XIIO ~Hi ~0 ~IDNIiOD XilO ~Hi AS G~A~OS~ II S~ '~O~Hi 'MON sC 34 respective districts. No uses or structures other than as specified 35 shall be permitted. 36 Use AG-1 AG-2 38 39 4O 41 Flex suites, subject to the provisions of Section 507 P P 42 COMMENT 43 44 45 46 Flex suites are currently permitted in the AG-1 and AG-2 Agricultural zoning districts. The proposed amendments would subject them to the restrictions and requirements of Section 507, which is new. Those restrictions and requirements are set forth below and are explained in the Comment to that section. 47 Sec. 501. Use regulations. 48 (a) Principal and conditional uses. The following chart lists 49 those uses permitted within the R-40 through R-2.5 Residential 50 Districts. Those uses and structures in the respective residential 51 districts shall be permitted as either principal uses indicated by 52 a "P" or as conditional uses indicated by a "C." Uses and 53 structures indicated by an "X" shall be prohibited in the 54 respective districts. No uses or structures other than as 55 specified shall be permitted. 56 57 58 Uses Residential Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5 59 6O 61 62 Flex suites, subject to the provisions of Sec- tion 507 P P P KR KR KR KR KR KR x 63 COMMENT 64 65 66 The proposed amendment would allow flex suites in all single-family residential zoning districts, instead of only in the R-40, R-30 and R-20 Districts. The use of flex suites would be subject to the restrictions and requirements of Section 507. 67 Sec. 507. Flex suites. 68 (a) Purpose. The purpose of this section is to enhance the 69 opportunities for affordable housing and independent living 70 available to senior citizens and disabled persons, while 71 maintaining the tranquility and integrity of sinqle-family 72 residential neighborhoods. 73 (b) Requirements. Subject to the following provisions, flex 74 suites shall be allowed only by permit issued pursuant to 75 subsection (c) and only in single-family dwellings in zoning 76 districts in which they are permitted as principal uses: 77 (1) No more than one flex suite shall be permitted on 78 any zoning lot; 79 (2) Flex suites shall not be metered separately for 80 water or electric service or be separately 81 connected to the public water or sewer system; 82 (3) No flex suite may be constructed or occupied in any 83 dwelling unless the owner of record personally 84 resides in such dwelling or unless the dwelling in 85 which the flex suite is located is occupied by a 86 person or group of persons meeting the definition 87 of "family" set forth in Section 111; 88 (4) The flex suite or dwelling in which it is located 89 must be occupied by at least one (1) person who is 90 sixty-two (62) years of age or older or disabled; 91 and 92 (5) No flex suite shall have a floor area in excess of 93 five hundred (500)square feet or thirty per cent 94 (30%) of the floor area of the principal structure, 95 whichever is greater. 96 (c) Permits. Flex suite permits shall be valid for a period 97 of one (1) year, and may be renewed for on an annual basis pursuant 98 to the procedure specified herein. Applications therefor shall be 99 made to the Department of Planning, signed by at least one 100 owner of record of the property upon which the flex suite is to be 101 located, and shall be accompanied by the following items: 102 (1) A deed to the property or current tax bill 103 evidencing the ownership of the property; and 104 (2) A statement, on a form prescribed by the Director 105 of Planning, certifying that (i) the owner of the 106 property is a resident thereof; and (ii) the 107 occupants of the flex suite will be limited to 108 those persons mentioned in subdivision (4) of 109 subsection (b). 110 A permit shall be granted if the application meets all 111 requirements of this section and other applicable ordinances, and 112 shall otherwise be denied. 113 COMMENT 114 115 116 117 118 The proposed amendments set forth the restrictions upon the use of flex suites. These restrictions include area limitations and restrictions upon the persons who may reside in flex suites. The proposed amendment also creates a permit requirements under which an applicant for a flex suite permit is required to present evidence of ownership of the subject property and to certify that the restrictions pertaining to occupancy of the flex suite will be observed. 119 120 Adopted by the City Council of the City of Virginia Beach, 121 Virginia, on this day of , 1997. 122 123 124 125 CA-97-6759 wmm~ordres\45-401et.com R-5 August 18, 1997 APPROVED AS TO CONTENTS: Planning APPROVED AS TO LEGAL SUFFICIENCY: / Department of Law - 20- Item IVJ. 9. RES OL UTIONS/ORDINANCES ITEM # 42569 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way at Staghorn Drive and Revere Drive (Lot 9, Block 11, Salem Woods, Section Four) by Allen and Sherry Stauffer re construction and maintenance of brick pillars and planters The following conditions shall be required: The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. . The temporary encroachment shall terminate upon notice by the City of Virginia Beach to the applicants and, within thirty (30) days after such notice is given, such temporary encroachments shall be removed from the City's right-of-way known as Revere Drive and Staghorn Drive by the applicants and the applicants shah bear all costs and expenses of removal. . The applicants shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shah be necessary to file or defend an action arising out of the location or existence of such temporary encroachments. . No permission or authority is given to the applicants to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachments by any one other than the applicants. 5. The applicants agree to maintain the temporary encroachments so as not to become unsightly or a hazard. No open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachments. September 2, 1997 - 21 - Item IF-I. 9. RESOLUTIONS/ORDINANCES ITEM # 42569 (Continued) . The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of- way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100. 00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan*, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent. None September 2, 1997 1 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF- WAY OF STAGHORN DRIVE AND REVERE DRIVE BY ALLEN STAUFFER AND SHERRY STAUFFER THEIR HEIRS,ASSIGNS AND SUCCESSORS IN TITLE 10 WHEREAS, Allen Stauffer and Sherry Stauffer, desire to 11 construct and maintain brick pillars and planters into the City's 12 13 right of way located at Staghorn Drive and Revere Drive. Council is authorized pursuant to §§ 15.1-316 and 15.1-893, Code of 14 Virginia, 1950, as amended, to authorize a temporary encroachment 15 upon the City's right-of-way subject to such terms and conditions 16 as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof 20 contained in §§ 15.1-316 and 15.1-893, Code of Virginia, 1950, as 21 amended Allen Stauffer and Sherry Stauffer their heirs, assigns 22 and successors in title are authorized to construct and maintain a 23 24 temporary encroachment for brick pillars and planters in the City's right-of-way as shown on the map entitled: "Exhibit A 25 Physical Survey Of: Lot 9, Block II, Subdivision Of Salem Woods, 26 27 28 Section Four, Kempsville Borough, Virginia Beach, Virginia For Sherry W. Stauffer", a copy of which is on file in the Department of Public Works and to which reference is made for a more 29 30 31 32 33 34 particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Allen Stauffer and Sherry Stauffer, (the "Agreement") which is attached hereto and incorporated by reference; and 35 BE IT FURTHER ORDAINED that the City Manager or his 36 authorized designee is hereby author±zed to execute the Agreement. 37 BE IT FURTHER ORDAINED, that th~s Ordinance shall not be 38 in effect until such time as Allen Stauffer and Sherry Stauffer and 39 the City Manager or his authorized designee execute the Agreement. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of September , 1997. 42 43 44 45 CA-~ ~ ~m/ \ SBURNS \ HAYES \ STAUFFER. ORD R-1 PREPARED: 6/12/97  VED TO CONTENTS / !~ ,-SI~'R~ DEP~NT APPROVED AS TO LEGAL CITY RNEY '~/ '~ LOCA~ MAP SCALE: 1' - 2640' ! / \ SITE LOCATION MAP FOR ALLEN AND SHERRY STAUFFER ENCROACHMENT AT . __.. 4601 SsT R ..gH__q ,IXl DRIVE PREPARED BY P/W ENG. DRAFT. 22-APR-1997 IS TO CER/IFY [HAT I. Oil ~',r,~. ~ 7 .10 ?~ ..>tm~v~[O 1HE PROPERLY THIS PRAT. NIl) 1HA1 1HE TITLE LINES MID THE WA{~ or lite ~ SHOW. 0~ ~H~S r~T . ~~'~~ BUILOImlOS ~AtlD S1RI(;1LY WllHlfl IHE TITLE LltlEe &IlO DIE ~[ · · · · e. · . · . · · · · lO. 14.5~' - · 2Z.O' NOTE: ?11.[$ IIOUSE IS rN gOlll: C. ? 5 · ij S 'FAG 14o R N e DRIVE EXHIBIT A PIh'SICAL SURVEY FEDERAL EMERGENCY MAHGEMENT AGENCY, COMMUNITY--PANEL NUMBER 5!5531 00280. MAt:' OaTZU 12/5/90 "OTED) ALONG & hDJACENT TO ALL S[DR AND SU~R PRIOR ]0 1HE P~Rk~lCE OF 8 l.O? 9, BLOC}: II. SUUDIVIHION SALEM WOOl)S, SECTION FOUR KF. HPSVII,I,E RC]ROUGll, VERG[NIA llEACII, VIRG[NI/% FOR: $11EI{RY W. STAUFFER H,N~OLD C. WARREN, JR. LAND SU~v'~OR ]~]] Ill)tAN RIY~'R ROA~ Encroachment Request for Allen Stauffer and Sherry Stauffer at Staghorn Drive and Revere Drive PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58 1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT made this ~c , day of '. ~v-- , 19~' ~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and ALLEN STAUFFER AND SHERRY STAUFFER, HUSBAND AND WIFE, ITS/HIS/THEIR/HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part. W I T N E S S E T H: That, WHEREAS, the party of the second part is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 9, Block 11, Subdivision of Salem Woods, Section Four" and being further designated and described as "4601 Staghorn Drive, Virginia Beach, Virginia 23464 GPIN 1475-27- 9283" and That, WHEREAS, it is proposed by the party of the second part to construct and maintain brick pillars and planters in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such brick pillars and planters, it is necessary that the said party of the second part encroach into a portion of an existing City right-of- way known as Revere Drive and Staghorn Drive; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such brick pillars and planters within a portion of the City's right-of-way known as Revere Drive and Staghorn Drive. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as Revere Drive and Staghorn Drive for the purpose of constructing and maintaining such brick pillars and planters. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of temporary encroachment into a portion of the City's right-of-way known as Revere Drive and Staghorn Drive as shown on that certain plat entitled: "PHYSICAL SURVEY OF: LOT 9, BLOCK 11, SUBDIVISION OF SALEM WOODS, SECTION FOUR, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA FOR SHERRY W. STAUFFER," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the 2 City's right-of-way known as Revere Drive and Staghorn Drive by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said temporary encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that the party of the second part shall obtain and keep in force All Risk Property Insurance and General Liability or such insurance as is deemed necessary by the party of the first part, and all insurance policies must name the party of the first part as additional named insured or loss payee, as applicable. The party of the second part also agrees to carry Comprehensive General Liability Insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The party of the second part will provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies. The party of the second part assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Allen Stauffer and Sherry Stauffer, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager ( SEAL ) ATTEST. ' City Clerk /~PPROVED AS TO CONTENT . DEPA~ME~ APPROVED AS TO LEGAL SUFFIOIENOY ~ll~n Stuaffe~' /sherry S~u~fer ~ ' STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE C ITY/C~N~Y this ~~ , to-wit: The foregoing instrument was acknowledged before me day of ~f~ , lg~ , by ALLEN STAUFFER. ~tary Public My Commission Expires: STATE OF ~!~_~,~4 ! A ClTY/~ OF ~-~'~,~ ~~ to-wit' this The foregoing instrument was acknowledged before me day of ~ , 19 ~ ~ , by SHERRY STAUFFER. Notary Public My Commission Expires: ~- 5 ~- c%~ - 22 - Item IV-I. 10. RES OL UTIONS/ORDINANCES ITEM # 42570 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to declare 1.373 acres EXCESS PROPERTY on Independence Boulevard at Salem Road; and, authorize the City Manager dispose of same in the best interest of the City, depositing any revenue derived to the Neighborhood Park Development (CIP 4-950). The revenue derived from the sale of this Excess Property shall be specified to be utilized in the Kempsville area Neighborhood Park development. Voting: 10-0 (By ConsenO Council Members Voting ~4ye: John .4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~4bstaining: Louis R. Jones Council Members ~4bsent: None Councilman Jones DISCLOSED AND ABSTAINED on Item 10 (EXCESS PROPER TY/INDEPENDENCE BL VD. A T SALEM ROAD) as this property is adjacent to the property which he owns and he may be interested in purchasing this property, if declared excess. September 2, 1997 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO DISPOSE OF SAME 10 11 12 13 14 15 16 17 18 19 WHEREAS, by Plat recorded zn the Clerk's Office of the Clrcuzt Court of the City of V~rgln~a Beach, V~rgzn~a, in Map Book 170, page 22, the City of Virginia Beach acquired t~tle in and to the real property described zn Exhibit A attached hereto; and WHEREAS, the City Council is of the op~nzort that the property ~s in excess of the needs of the C~ty of Virglnza Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL C)F THE CITY OF VIRGINIA BEACH, VIRGINIA: That the property is hereby declared to be ~n excess of the needs of the City of Virginia Beach and that the City Manager · s hereby authormzed to dispose of the property in the manner he determines to be in the best ~nterest of the C~ty. Th~s ordinance shall be effective from the date of ~ts adoption. Vzrglnza, on the 2nd day of September Adopted by the Council of the Cmty of V~rg~n~a Beach, , 1997 . 20 21 ORDIN\EXCESS . ORD PREPARED: 8/6/97 P~ROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Department of~ O O ~ l I ~ O0 0%0® 0 ../! 0 0 0 LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY (1.373 ACRES) ON SOUTH / INDEPENDENCE BLVD. AT SALEM RD. SCALE'. 1" -i 400' PREPARED BY P/W ENG. DRAFT. 11/6/9,5 City or Virginia Beach LC)UIS R JONES COUNCILMAN - BAYSIDE BOROUGH (804) 583-0177 1008 WITCH POINT TRAIL VIRGINIA BEACH VIRGINIA 23455 September 16, 1997 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Mumcipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Section 2.1-639.9(A)(1), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.9(A)(1), Code of Virgima, I make the following declaration: I am executing this written disclosure concerning the application of Hollomon- Brown Funeral Home, Inc., ("Hollomon-Brown") to purchase 1.373 acres of C~ty- owned property at the intersection of Independence Boulevard and Salem Road which was declared "excess" by City Council at ~ts meeting of September 2, 1997. , The nature of my "personal interest" is that I am the President of Hollomon-Brown, receive a salary in excess of $10,000 annually from Hollomon-Brown, have an ownership interest In the corporation exceeding 3% of its equity value, and assume liability on behalf of the corporation exceeding 3% of its asset value. , The City Attorney has advised me that I would have a "personal ~nterest in a contract" between Hollomon-Brown and the City of Virginia Beach to purchase the subject property. He has also admsed me, however, that an exception to the "prohibited contracts" provision of the Act would permit Hollomon-Brown to enter into such a contract. That exception involves a contract for "[t]he sale, lease or exchange of real property between an officer or employee and a governmental agency, provided the officer or employee does not pamclpate in any way as such officer or employee in such sale, lease or exchange, and th~s fact ~s set forth as a Mrs. Ruth Hodges Smith, CMC/AAE 2 September 16, 1997 matter of public record .... "In that regard, please be advised that any participation by me in the subject contract will not be in my capacity as a member of City Council. Accordingly, I respectfully request that you record this declaration in your official records. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, dated September 9, 1997, which addresses this same issue. Thank you for your assistance and cooperation in this matter. Slncerel~/~ Louis Councilnfember LRJ/lcb Enclosure LESLIE L LILLEY CITY A'I-rORNEY In Reply Refer To Our Fro No OP=465 City of Virginia September 16, 1997 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456-9004 (757) 427 4531 FAX (757) 426-5687 TDD (757) 427-4305 Councilman Louis R. Jones Municipal Center Virginia Beach, Virginia 23456 Re: Request for Conflict of Interests Act Opinion Dcm Councilmember Jones: I am writing in response to your request for an opinion as to whether your status as a member of City Council and the President of Hollomon-Brown Funeral Home, Inc. ("Hollomon-Brown") precludes Hollomon-Brown from entering into a contract with the City of Virginia Beach for the purchase excess City-owned property. SUMMARY CONCLUSION Under the facts presented, you have a "personal interest" in Hollomon-Brown as that term is defined in the State and Local Government Conflict of Interests Act. Therefore, you would also have a "personal interest in a contract" between Hollomon-Brown and the City of V~rginia Beach for the purchase of excess City-owned property. However, based upon an exception to the "prohibited contracts" provisions of the Act (discussed herein), your status as a member of City Council and the President of Hollomon-Brown does not preclude Hollomon-Brown from entenng into such a contract. FACTS PRESENTED The City owns 1.373 acres of property at the intersection of Independence Boulevard and Salem Road. The property was dedicated to the City in 1982 as part of the open space requirement for approval of the Sunstream Park - Section Slx Subdivision; however, because of ~ts size, location and configuration, it is considered to be undesirable for neighborhood park development. Therefore, Councilman Louis R. Jones 2 September 16, 1997 Re: Request for Conflict of Interests Act Opinion based upon the recommendation of City staff, City Council declared the property "excess" at its meeting of September 2, 1997, and authorized the City Manager to convey ~t in the manner that would be in the best interests of the City. Hollomon-Brown owns property adjacent to, and has applied to purchase, the above- referenced City-owned property. You advise that your concern, and reason for requesting this opinion, is that you are the President of Hollomon-Brown, receive a salary in excess of $10,000 annually fi.om Hollomon-Brown, have an ownership interest in the corporation exceeding 3% of ~ts total equity, and assume hability on behalf of the corporation exceeding 3% of its asset value. You further advise that when the City-owned property at issue was discussed at the September 2nd Council meeting, you abstained fi.om participation in any discussions regarding the property, as well as the vote as to whether the property should be declared in excess of the City's needs. Finally, you advise that any participation by you in the purchase of the property will only be in your capamty as the President of Hollomon-Brown, and not as a member of City Council. Please review and verify the accuracy of the facts set forth herein as you may only rely upon this opinion if they are correct and complete. ISSUE PRESENTED Pursuant to the State and Local Government Conflict of Interests Act, does your status as a member of City Council and the President of Hollomon-Brown preclude Hollomon-Brown from entering into a contract with the City of V~rginia Beach of the purchase of excess C~ty-owned property? DISCUSSION The State and Local Government Conflict of Interests Act (the "Act") is set forth in § 2.1- 639.1 et seq. of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal interests of an officer or employee in the transactions of, and contracts with, the governmental or advisory agency of which he or she ~s a member. Under the facts presented, you have a "personal interest" in Hollomon-Brown as that term is defined in the Act. Therefore, you would also have a "personal interest in a contract" between Hollomon-Brown and the City of Virginia Beach for the purchase of excess City-owned property. Section 2.1-639.7 of the Act provides, in pertinent part, that "[n]o person elected or appointed as a member of the goveming body of a county, city or town shall have a personal interest in (i) any contract with his governing body .... "Therefore, in the absence of an exception to this provision of the Act, your status as a member of City Council and the President of Hollomon-Brown would Councilman Louis R. Jones 3 September 16, 1997 Re: Request for Conflict of Interests Act Opinion preclude Hollomon-Brown from entering into an contract with the City for the purchase of excess City-owned property. However, § 2.1-639.9 of the Act provides certain enumerated exceptions to the "prohibited contracts" provisions of the Act, one of which relates to the "sale, lease or exchange of real property." Specifically, § 2.1-639.9 provides that -- [t]he provisions of § 2.1-639.6 through 2.1-639.8 shall not apply to: 1. The sale, lease or exchange of real property between an officer or employee and a governmental agency, provided the officer or employee does not participate in any way as such officer or employee in such sale, lease or exchange, and this fact is set forth as a matter of public record by the governing body of the governmental agency or by the administrative head thereof. In this situation, a contract between Hollomon-Brown and the City for the purchase of of excess City-owned property would involve the "sale, lease or exchange of real property between an officer ... and a governmental agency .... "Therefore, as long as you do not participate as a member of City Council in Hollomon-Brown's purchase of the property, this exception to the "prohibited contracts" provision of the Act would permit Hollomon-Brown to enter into the subject contract. CONCLUSION I have concluded that you have a "personal interest" in Hollomon-Brown and that, therefore, you would have a "personal interest in a contract" between Hollomon-Brown and the City of Virginia Beach for the purchase of excess City-owned property. I have also concluded, however, that under the facts presented, there is an exception to the "prohibited contracts" provisions of the Act which would permit Hollomon-Brown to enter into the contract. That exception involves a contract for the sale, lease or exchange of real property between an officer and a governmental agency, provided the officer does not participate in any way as an officer in such sale, lease or exchange, and this fact is set forth as a matter of public record. Therefore, as long as you do not participate "as a member of Council" in the purchase of the property in question, and set forth your non-participation as a matter of public record, Hollomon-Brown would be permitted to enter ~nto the subject contract. As a final note, the Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearances of improper influence. In that respect, the Act places the burden on the individual Councilman Louis R. Jones 4 September 16, 1997 Re: Request for Conflict of Interests Act Opinion officer to evaluate whether the facts presented create an appearance of ~mpropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. I trust that this letter has adequately addressed your concern. If you have any additional questions or concerns, please do not hesitate to call me. Very truly yours, City Attom~.,~ LLL/RMB/clb G \US£RS~LBABB~WP~WORK~OP465 LLL . --, /I.I--E. I,. .p t ~111: -", ? ![ l_. "'i k' ,q, I I , 4' I t ' .,,-.Y ',!. I~ ._-!, d'..~... ~. !111 I '~! !I .s LJl ii h _/ ~ ~- I I ~ ~. ! Il .-,~ zT~. I![,II,l I:l Il J ~ ii: I ]-II , Ii~il.,,, ! I1[,:: , i ?[-:I' III " t ~l ll.li,:ll. ~ .,I ,J_'.i ~;'/'' J J .// I:]'i j.:,.i~ ,i,,j :].l.ilJ!Jl .~l.']} ~_-~ / I I/ J]jJ lJl[': [ J,l: ' ii,ii""'-- . I .../ ::_~ iiil~l' il, li'l" u:llllllJ i - "',o~.,' .~_~"'-4 /' .~: .iilillllll]l, ~.~ -- o,;m~......._ ~. / i~. 19!i iilikt llli ' !u!lliil : '" '- i!l!: [:,.i~-. llJ~l[l_lil "~] -- I!]~l''m '~1'~i!: ~ 'l:l[ ,glli i'~ I!iII~ Milld -~ -:un':~ .: - 23 - Item IV-I. 11. RES OL UTIONS/ORDINANCES ITEM # 42571 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize the City Manager execute all Project Documents, specifically including the Development Agreement, Coordination Agreement, Ground Lease and Cost Participation Agreement, re Heron Ridge Golf Facility at the West Neck Creek site off Seaboard Road. Voting: 9-1 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Louisa M. Strayhorn Council Members Voting Nay: Nancy K. Parker* Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None * Verbal Nay Vice Mayor Sessoms ~4BSTAINED as proposals have been sent to banks for construction of the golf course. His bank will be making an offer. September 2, 1997 ORDINANCE AUTHORIZING CITY MANAGER TO EXECUTE PROJECT DOCUMENTS WITH RESPECT TO HERON RIDGE GOLF FACILITY WHEREAS, PKF Consulting, Inc. Completed its "Golf Destination 8 Study" in January, 1996, concluding that Virginia Beach had 9 "potential to become a destination golf area" and further 10 recommending consideration of Virginia Beach's expansion of its 11 efforts to promote golf, both locally and regionally; 12 WHEREAS, in September 1996, the Virginia Beach Golf Committee 13 presented its report to City Council incorporating the principal 14 recommendations of PKF, including the development of a "Tier 2" 15 golf course at the proposed West Neck Creek Site off of Seaboard 16 Road, as well as other specific recommendations; 17 WHEREAS, in October 1996, the Virginia Beach Development 18 Authority (VBDA) initiated a Request for Proposals (RFP) process 19 for the lease of land to develop the West Neck Creek Site (the 20 "Site") for a championship golf course, and received a proposal 21 from Heron Ridge Golf Club, L. C. ("Heron Ridge"), to develop the 22 Site; 23 WHEREAS, Heron Ridge proposes to convey additional property to 24 the City for use in the construction and operation of a golf course 25 along with the development of adjoining property as residential 26 property (the "Project"); 27 WHEREAS, on July 8, 1997, City Council approved applications 28 for a use permit and rezoning of adjacent property to permit the 29 construction of the golf course along with the adjacent residential 30 development on property under contract to Heron Ridge and on 31 property owned by Williams Holding Corp. ("Williams"); 32 WHEREAS, City Council has previously authorized funding of the 33 City's portion of the Heron Ridge Project in the amount of $413,000 34 as CIP Projects 9-254 and 6-059 (both West Neck Creek Golf Course 35 Project); 36 WHEREAS, the City Attorney and City staff have conducted 37 negotiations with representatives of Heron Ridge and Williams and 38 developed documents to accomplish the Project; 39 WHEREAS, the major documents, consisting of the Development 40 Agreement, the Coordination Agreement, the Cost Participation 41 Agreement, the Ground Lease and the Sublease, are summarized in the 42 attached Heron Ridge Document Summary Term Sheet; 43 WHEREAS, the City will be a party to the Development 44 Agreement, the Coordination Agreement, the Ground Lease, the Cost 45 Participation Agreement and other Project documents which are or 46 will be necessary to enable the VBDA, Heron Ridge and Williams to 47 proceed with the Project; and 48 WHEREAS, the City Manager seeks authorization to execute and 49 deliver the Development Agreement, the Coordination Agreement, the 50 Ground Lease, the Cost Participation Agreement and other Project 51 documents which are or will be necessary to enable the VBDA, Heron 52 Ridge and Williams to proceed with the Project (the "Project 53 Documents") containing substantially the terms outlined in the 54 attached Heron Ridge Document Summary Term Sheet and in 55 substantially the same form as the proposed Project Documents on 56 file in the City Clerk's Office. 57 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 58 BEACH, VIRGINIA: 59 That the City Manager, acting on behalf of the City, is 60 authorized to execute and enter into all Project Documents, 61 specifically including the Development Agreement, the Coordination 62 Agreement, the Ground Lease and the Cost Participation Agreement, 63 containing substantially the terms outlined in the attached Heron 64 Ridge Document Summary Term Sheet and in substantially the same 65 form as the proposed Project Documents on file in the City Clerk's 66 Office, and as necessary, such other Project Documents as may be 67 necessary on such terms and conditions as may be approved by the 68 City Manager subject to approval as to legal sufficiency by the 69 City Attorney. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia 72 on the 2 day of September , 1997 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 CA-6765 NONCODE\CA6765 . ORD R-2 PREPARED: August 26, 1997 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney HERON RIDGE DOCUMENT SUMMARY TERM SHEET DEVELOPMENT AGREEMENT A. Purpose: Basic Outline of the Transaction B. Parties: City of Virginia Beach (City), Virginia Beach Development Authority (VBDA), Heron Ridge Golf Club, L.C., a Virginia limited liability company (Heron Ridge) and Williams Holding Corp., a Virginia corporation (Williams) C. Project Cost: . $413,000 to be provided by the City/VBDA for a portion of the Offsite Utility and Roadway Improvements (other than the Intersection Improvements and the future realignment of Seaboard Road which are to be separately funded by the City and Wilhams). . $279,000 of pump station upgrade cost to be shared by the City, Williams and Heron Ridge, with the City's share included in the $413,000 figure identified in (1) above. , A minimum of $4,650,000 to be invested by Heron Ridge in the Golf Facility. 4. An engineering review of Seaboard Road reveals that realignment of certain sections is advisable from a safety wewpoint. As a result, a project for a portion of the needed realignments will be recommended in the 1998-99 CIP. D. Project Description: le 18 hole Championship Course, driving range, practice greens, bunkers and other practice facilities, clubhouse, maintenance facilities, parking area and related buildings and improvements. e Golf Course to be designed and constructed by Heron Ridge using local contractors whenever feasible. . Golf Course to be located on ~ 202 acres located off of Seaboard Road near West Neck Creek. 4. Golf Course quality to be consistent with Hell's Point Golf Course in Virginia Beach. 5. Basic Features of the project to be approved by VBDA. 6. PGA player consultant selected by Heron Ridge is Fred Couples. E. Use of Project: Project to be open to the public and operated year round for daily fee play. F. Related Documents: 1. Coordination Agreement 2. Cost Participation Agreement 3. Ground Lease 4. Sublease H. Other Significant Provisions: . City to receive ~ 37 Acres of additional property after exchanges with Heron Ridge and Williams. Exchange between the City and Heron Ridge will result in a net of ~ 38 Acres received by the City. Exchange with Williams will result in a net transfer of ~ 1.24 Acres to Williams, for which Williams will pay $8,804. 2. Heron Ridge to use bonded contractors for construction. o Conditional rezonings of adjacent property for residential development provide that building permits will not be issued until golf course construction commences. These rezonings have already been approved by Council. . Adjacent residential development to consist of fifty-one 20,000 sq. ft. lots and fifty-seven 30,000 sq. fi. lots. . City to either reimburse Heron Ridge within one year up to $30,000 for the cost of additional water studies required to develop the Project. II. COORDINATION AGREEMENT A. Purpose: Sets forth the respective rights and responsibilities of the parties arising as a result of the VBDA's contractual arrangements with Heron Pddge for the lease, construction and operation of the Project. B. Parties: City and VBDA C. Rights and Responsibilities: I. City and VBDA to enter into a ground lease of the unimproved property on which the course is to be constructed. . City agrees (subject to appropriation) to contribute funds to the VBDA in an amount sufficient to enable the VBDA to perform its monetary obligations under the Development Agreement and the Sublease Agreement. D. VBDA's Undertakings: VBDA shall remit excess funds (if any) to the City after payment for design and construction of offsite utility and roadway improvements. e VBDA to pay rent in accordance with Ground Lease (pass-through of rent payable under the Sublease). t VBDA's obligation to repay grants made by the City are restricted to rent and other sums payable to the VBDA under the sublease. , VBDA shall not permit any lien or otherwise encumber VBDA's title and interest in the land, Ground Lease, Development Agreement, the Sublease or rent payable thereunder without the consent of City. E. Amendments and Default: , VBDA will not amend any terms of the Development Agreement or the Sublease without approval of City's Representative. . VBDA must promptly notify City of any material default under the Development Agreement or the Sublease. III. COST PARTICIPATION AGREEMENT A. Purpose: To set forth the respective obligations of the parties with respect to onsite and offsite infrastructure. B. Parties: City, Heron Ridge and Williams. C. Other Significant Terms: Provides for reimbursement by City of up to $413,000 for cost of Offsite Utilities and Roadway Improvements (not including the Intersection Improvements and the future realignment of Seaboard Road) providing access and utilities to serve the project. e Requires Heron Ridge and Williams to be responsible for the on-site infrastructure for the golf course and the residential developments. . Requires Heron Ridge to contribute $90,000 toward cost of pump station upgrade. ,, Requires Williams to contribute 50% up to $79,000 toward cost of the Intersection Improvements and future realignment of Seaboard Road. IV. GROUND LEASE A. Parties: City and VBDA B. Golf Course Property: 202 ± acres located near West Neck Creek off of Seaboard Road. C. Rent-VBDA to pay City: a) $100.00 in advance, and b) Annual payments equal to all rent and other sums received by VBDA from Heron Ridge under the Sublease. D. Term: 40 years, commencing on date of execution. E. Use of Property: Limited to operation of golf course and related facilities. F. Charges and Easements: VBDA to pay or cause to be paid all taxes and utility charges; City to grant VBDA such easements for utilities as may be necessary. G. Construction, Maintenance and Operation: VBDA responsible for causing construction and maintenance of the Project. H. Ownership: At end of term, improvements to become property of City. I. General Terms: 1. VBDA shall not permit liens or encumbrances on the property. 2. VBDA shall require Heron Ridge to maintain insurance. 3. VBDA indemnifies City . VBDA may not assign or sublet except as expressly provided in the Sublease without approval of the City. V. SUBLEASE A. Purpose: To sublease to Heron Ridge ~ 202 acres of unimproved property for the development of the golf course. B. Parties: Landlord - VBDA Tenant - Heron Ridge C. Term: 40 years (same as Ground Lease). D. Rent: a. $25,000 on opening day. b. $25,000 on 1st anniversary of opening day. C, $90,000 per year commencing with first full lease year following the first anniversary of opening day, offset by all taxes (leasehold, admission, personal property, meal, business license, local portion of state sales, etc.) generated by the Project. d. Percentage Rent - Years 3-10; 5% of defined net income Years 11-40; 7% of defined net income E. Other Significant Provisions: 1. Project to be named Heron Ridge Golf Course. . Heron Ridge has sole responsibility for all maintenance and repairs to the improvements and shall insure all insurable improvements for 100% of replacement value. G ~DATA\ORDI~d~ONCODE~CA6765 DOC Revised August27, 1997 SUMMARY OF DIRECT TAX IMPACTS AND LEASE REVENUES The City ~vill receive direct tax pa~vments plus lease payments as described below: (a) Direct Tax Payments Direct Tax Payments Tax :~ource Green fees (5% admissions tax) Dnwng range (5% admissions tax) Pro Shop (1% local sales tax) Food & Beverage (4%% meal + 1% local sales tax) Golf cart rentals (1% local sales tax) Real estate taxes (same as Hell's Point) Personal property taxes (same as Hell's Pmnt) BPOL (same as Hell's Pmnt) ...... Estimated Tax Revenues---- 1st Year 2nd Year 3rd Year 35,000 rds 40,000 rds 42,000 rds I~]rowth~ I(;rowth~ (stabilized) $28,437 $32,500 $34,125 1,750 2,000 2,100 2,581 2,950 2,950 8,566 9,790 9,790 4,506 5,150 5,408 24,000 24,000 24,000 6,500 6,500 6,500 6,300 6,300 6,300 $82,640 $89,190 $91,173 Local tax revenues have been estimated to increase 2% annually beyond the 3rd year, to a high of $190,000 per year by the end of the lease tenn. (b) Lease Payments The lessee xvould make the following lease payments to VBDA: Opening day .......... 1 st anniversary of opening day . . . Years 3 through 10 ...... Years 11 through 40 ..... Amountl $25,000 25,000 5% of defined Net Income .......... 7% of defined Net Income In addition, the lessee xvxll pay VBDA $90,000 annually, to be offset by the amount of the aforementioned direct tax payments. VBDA would then pay such amount to the city In other words, the city will receive $90,000 annually or the amount of the taxes, xvhlchever is greater The city's total lnvestlnent in this project is $1,957,894. It ~s anticipated the city will recover this investment within 17 years. It is also important to note that at the end of the lease term the city will both own and fully control this golf course asset. F \USERS'~PLEJEUNE~J_ARRY~TAXIM PAC WPD - 24 - Item IV-I. 12. RES OL UTIONS/ORDINANCES ITEM # 42572 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize License Refunds in the amount of $63,947. 79. Voting: 11-0 (By ConsenO Council Members Voting Aye. John .4. Baum, Linwood O. Branch, III, William W Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members .4bsent: None September 2, 1997 FORM NO C A ! REV 3 8~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL World Class Bread Co Inc 1554 Laskm Rd 130 Va Beach VA 23451 3-M Enterprises Inc 5120 V~olet Bank Dr~ve Va Beach VA 23464 1994-97 Audit 251 97 1996 Audit 144 66 251 97 144 66 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $396 63 of the C~ty of V~rg~n~a Beach on the Cerbfled as to Payment ~,_.~J;:~d6ert P Vaugha/~ Commissioner of-~e Revenue Approved as to form ',-L'~she L I~ll~y "' C~ty Attorney were approved by the Council day of ,19 September 97 Ruth Hodges Smith C~ty Clerk FORM NO C A El REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applicabons for license refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved NAM E LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Associated Anesthesia Inc 1000 First Colomal Road Virginia Beach VA 23454 Checkers Drive In Restrs Inc P O Box 1079 Clearwater FL 34617 Connolly, Barry P 321 Bndgewew C~rcle Chesapeake VA 23320 CP Nabonal Inc 6477 College Park Sq 316 Va Beach Va 23464-0309 1996-97 Audit 23,839 60 1994-95 Audit 483 41 1995 Audit 16 59 1994-97 Audit 5,382 92 Th~s ordinance shall be effective from date of adopbon The above abatement(s) totaling $29,722 52 of the C~ty of V~rg~n~a Beach on the Second 23,839 60 483 41 16 59 5,382 92 Cert,fled as to Payment ~bert P Vaughan~_ Commissioner of the Revenue Approved as to form ~C let¢ i,~ttLo rL~ ~~ were approved by the Council day of September ,19 97 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applicabons for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Precision Generators Co Inc 200 Golden Oak Court S250 Va Beach VA 23452 Robert L Dorsk Inc 641 Piney Point Rd Va Beach VA 23452 Shipmates Ltd 9254 Corporate C~rcle Manassas VA 20110 Splva Enterprises Inc 1700 Dawncl Drive Va Beach VA 23454 1996-97 Audit 182 17 1997 08-11-97 450 00 1995-97 Audit 1995-96 Aud ~t Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $2,043.57 of the City of Virginia Beach on the 182 17 450 00 1,361 78 1,361 78 49 62 49 62 Certified as to Payment ~___.~Ro'6ert P Vaughan,~/~''-- - Commissioner of the'Revenue Approved as to form e L Ldley C~ty Attorney ~'~ were approved by the Council S ep tember day of ,19 97 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the follow~ng applications for license refunds, upon cerbfication of the Commismoner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Green, Robert P 669 Fort Raleigh Dnve Va Beach VA 23451 Hurdle, Juhus B 5056 Andover Road Va Beach VA 23464 I V Harris & Associates Inc 780 Lynnhaven Pkwy S200 Va Beach VA 23452 Jordan Graphics Inc P O Box 668306 Charlotte NC 28266 1995-97 Audit 53 50 1995 Audit 27 60 1996-97 Audit Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,689 34 of the C~ty of V~rg~n~a Beach on the Second 2,422 19 53 50 27 60 1995 Audit 186 05 2,422 19 186 05 Cerbfled as to Payment Robert P Vaugha. l~-'"'/) Comm~smoner o~'fl~"e Revenue Approved as to form City Attorney were approved by the Council day of September ,1997 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcations for license refunds, upon cert~ficabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Juhus J Snyder MD & Assoc Inc 134 Bus~ness Park Dnve Va Beach VA 23462 KiIpatnck, Shella K 13806 Pebblebrook Dnve Houston TX 77079 Paat Bellafe F 5532 Cabin John Drive Va Beach VA 23464 Phdhps, Sherne M 5394 Kempsnver Dr 102 Va Beach VA 23464 1996-97 Audit 28,636 05 1996-97 Audit 45 O0 1994 Audit 30 00 1996-97 Audit 384 68 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $29,095.73 of the C~ty of V~rg~n~a Beach on the Secor~d 28,636 05 45 00 30 00 384 68 Cerbfled as to Payment Approved as to form C~ty Attorney were approved by the Council day of September ,1997 Ruth Hodges Smith C~ty Clerk - 25 - Item IV-J. PUBLIC HEARING ITEM # 42573 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. THE R UNNYMEDE CORPORA TION STREET CLOSURE September 2, 1997 - 26- Item IV~.I PUBLIC HEARING ITEM # 42574 PLANNING Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council A UTHORIZED FINAL APPROVAL Revised Ordinance upon application of THE RUNNYMEDE CORPORA TlON for the discontinuance, closure and abandonment of the following streets (LYNNHA VEN BOROUGH): Ordinance upon application of THE R UN~EDE CORPORATION for the discontinuance, closure and abandonment of the following streets ~ YNNHA FENBOROUGH): Pine Street: Beginning at the Northern boundary of Fourth Street and running 499. 40 feet in a Northerly direction, 66. 02 feet in width Third Street: Beginning at the Northeastern intersection of Pine and Third Streets and running 412. 84feet in an Easterly direction, 50. 02feet in width Poplar Street: Beginning at the Northern boundary of Fourth Street and running 499 40 feet in a Northerly direction, 66 feet in width. LYNNHAVEN BOROUGH. VIRGINIA BEACH MARLIN CLUB, INC, AND WALTER CASON BARCO for the discontinuance, closure and abandonment of the following parcels (VIRGINIA BEA CH BOROUGH): Voting: 9-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: Linwood O. Branch, III Vice Mayor Sessoms ABSTAINED as the applicant does business with his bank September 2, 1997 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS OF VARIABLE WIDTH, KNOWN AS PINE STREET, POPLAR STREET, & THIRD STREET AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING A PORTION OF PINE STREET, POPLAR STREET, & THIRD STREET TO BE CLOSED, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA" WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by The Runnvmede Corporation, that he/she would make application to the Council of the City of Virginia Beach, Virginia, on '"~~4~'9, 199~, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said streets be discontinued, closed, and vacated; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described streets be discontinued, closed, and vacated: PINE STREET: A portion of a Right of Way known as Pine Street, beginning at a point which is the northeastern intersection of Pine Street and Fourth Street and running thence north N04 22'17"E a distance of 499.40 feet to the intersection of Third Street, said Right of Way being 66.02 feet in width. THIRD STREET: a portion of a Right of Way known as Third Street beginning at a point which is the Northwest intersection of Pine Street and Third Street and nmning thence east S87 18'48"E a distance of 280.81 feet to the intersection of Third Street and Poplar Street, said Right of Way being 50.02 feet in width. POPLAR STREET: A portion of a Right of Way known as Poplar Street, beginning at a point which is the Northwestern intersection of Poplar Street and Third Street and running thence South S04°22'17"W a distance of 499.40 feet to the imersection of Poplar Street and Fourth Street, said Right of Way being 66.02 feet in width. GPIN#. All of which aforesaid streets are shown on a certain Plat entitled "PLAT SHOWING A PORTION OF PINE STREET, POPLAR STREET, & THIRD STREET TO BE CLOSED, LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA, August 19, 1997, which plat is attached hereto as Exhibit A-1. Said portions of the streets to be closed shown as the cross-hatched area on that certain plat of property "Plat Showing A Portion of Pine Street, Poplar Street, & Third Street To Be Closed, Lynnhaven Borough - Virginia Beach, Virginia, August 19, 1997, by Miller-Stephenson & Associates, P.C.", which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Adopted: I I I I I I I I I III APPROVED AS TO LEGAL SUFFICIENCY ii i II i ~' ,~'~ '~ Z NT RoAD ZZzz ~ ~: - oooo ~ ~ sou~ ~ ~' ~r~l~,:~ i ;t~ <~ <8 ~ Z~o ~,.,~z~ x ~ ~ so~ocw IN3~3SV3 3OVNIV~0 , m x ~~ w ~ ~ ~ ~ . ~ ~ MERIDIAN IS BA~O ~ 0 0 0 -- - 27- Item IV-K. 1. APPOINTMENTS ITEM # 42575 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Meredith Katz (StudenO Kempsville High School 09/01/97- 06/30/98 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: John A. Baum, William W Harrison, Jr., Harold Heischober, Barbara Mo Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 2, 1997 - 28- Item IV-K. 2. ~4PPOINTMENT$ ITEM # 42576 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Colonel John T. Sprague, .~r. 5 Year Term 10/01/97 - 09/30/2002 WETLANDS BOARD Voting: 10-0 Council Members Voting Aye: John ~4. Baum, William YE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 2, 1997 - 29 - Item IV-K.$. APPOINTMENTS ITEM # 425 77 BY CONSENSUS, City Council RESCHEDULED: BOARD OF BUILDING CODE APPEALS RESORT AREA AD VISOR Y COMMISSION (RAA C) September 2, 1997 - 30 - Item IV-N. ADJOURNMENT ITEM # 42578 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:18 P.M. oks, CMC//L4E Chief Deputy City Clerk Ruth Hodges Smith, CMC/A/IE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 2, 1997 - 31 - Item IV-N. AD JO URNMENT ITEM # 42578 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 3 18 P.M. Beverly 0 Hooks, CMC/AAE Chtef Deputy City Clerk City Clerk Me),era~E Ober-n~d ffrf~ Mayor Ctty of Vtrgima Beach Vtrgtnta September 2, 1997