HomeMy WebLinkAboutAPRIL 4, 2000 MINUTES (2)
Cit
of Vir inia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA}'OR Ma'ERA E. OBER.VDORF, AI-Lar~"
!'lCE MAYOR ""ILL/A.II D. SESSO.llS..lR.. AI-Large
.lOH.\' A. BAWl, AI-Largo,
L/.\'W,(}()D 0. BRA.\'CH. III. DrmiCl 6-B"a(1I
MARGARET L. EURE. Dl5lnd ¡-Celllo""III,'
If'ILL/A.!1 If'. HARRISO.\'. .lR., DISlnCl 5-LvIIl/hm'ell
BARBARA M. HE.YLEj', DlStnCl 7 -Pnllws Allrir
LOUIS R. JONES. DrslnCl .J-BaY5ide
REBA S. MrCVI.VA.\', Di5/riCl 3-Ro5e Hall
,"A.\'C}' K. PARKER. AI-Larg.:
.-I.,IL (DO,\'! If'EE}'''S, Dr<1l/CI ~.K"mp"ill,'
].-I.ltES K. SPORE. Crry.llanaR'"
LESLIE L. LILLEr. Cìl\'.-I/(om,~'
RUTH HODGES.S.II/TH, CII\' Clak
CITY COUNCIL AGENDA
April 4, 2000
I.
BUDGET WORKSHOP
- Conference Room -
A.
Economic Vitality, Safe Community, Policy and Decision Support
II.
CITY MANAGER'S BRIEFING
A.
Oceana Noise Status Report
Captain William C. "Skip" Zobel
Commanding Officer, NAS Oceana
III.
REVIEW OF AGENDA ITEMS
IV.
CITY COUNCIL COMMENTS
V.
INFORMAL SESSION
- Conference Room -
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
VI.
FORMAL SESSION
- Council Chamber -
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Father Daniel Klem
Saint Mark's Catholic Church
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1 0:00AM
12:00 NOON
1 :30 PM
2:00 PM
c.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
J.
K.
L.
M.
F.
MINUTES
1.
INFORMAL & FORMAL SESSIONS
March 28, 2000
G.
AGENDA FOR FORMAL SESSION
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.
H.
PUBLIC HEARING
1.
FARMERS MARKET - Lease
1.
0 RDIN ANCESIRESOL UTIONS
1.
Ordinance to AUTHORIZE the City Manager to énter into a LEASE with Dave's Cove,
Inc. for space 26 at The Farmers Market.
2.
Ordinance to AMEND Section 6-116 ofthe City Code re surfing (Deferred January 4, 2000
Indefinitely), subject to revisions.
3.
Ordinance re Section 4.5 of the Subdivision Regulations, to APPROPRIATE funds for
Open Space at Woods of Little Neck Neighborhood Park - cash in lieu of park dedication:
a.
Phase I - George Newsome Luxury Homes
$11,450.91
b.
Phase II - Clark Whitehill Enterprises, Inc.
$ 7,651.80
4.
Resolution to request the U.S. Congress AMEND legislation to provide FAA funding re
noise mitigation and attenuation around commercial airports for Military_Airports; and,
the City Clerk provide a copy of this Resolution to the Congressional Delegation
representing Virginia.
5.
Resolution re issuance and sale ofIndustrial Development Revenue Bonds, Series 2000,
not to exceed $4,630,000, re financing Architectural Graphics, Inc.
APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURNMENT
PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE
DATE EVENT LOCATION TOPIC
Tuesday, April 11 Council Workshop Council Conference Room Quality Education for Lifelong
10:00 AM - Noon Learning
Thursday, April 13 Public Hearing Princess Anne High Public conunent on Proposed FY
7:00 PM - 9:30 PM School 2000-200 I Resource Mgmt. Plan
Tuesday, April 18 Council Workshop Council Conference Room Quality Physical Enviromnent &
2:00 PM - 4:00 PM Operational Support
Tuesday, April 25 Council Workshop Council Conference Room Cultural and Recreational
2:00 PM - 4:00 PM Opportunities & Family and Youth
Opportunities
Tuesday, April 25- 6:00 PM Public Hearing Council Chamber Public Conunent
Thursday, May 4 Council Workshop Council Conference Room Reconciliation of outstanding
10:00 AM - Noon resource issues
Tuesday, May 9 - 2:00 PM Adoption ofFY 2000-2001 Council Chamber
Resource Mgmt. Plan
**********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
**********
03/30/00slb
AGENDA \04-04-00.
www.virginia-beach. va. us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 4, 2000
Mayor Meyera E. Oberndorf called to order the FY 2000-2001 RESOURCE MANAGEMENT
WORKSHOP in the Council Conference Room, City Hall Building, on Tuesday, April 4, 2000, at 10:00
A.M.
Council Members Present:
John A. Baum, Margaret 1. Eure, Barbara M Henley, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E, Oberndorf. Nancy K.
Parker and A. M "Don" Weeks
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
[ENTERED: 11:55 A.M.]
Linwood O. Branch, III
[ENTERED: 10:18 A.M.]
William W Harrison, Jr.
[ABSENT DUE TO ILLNESS]
Mayor Oberndorf advised she had been entertaining students from France, who make a once-every-two-year
pilgrimage to visit with the City's students at Kempsville High School.
- 2-
BUDGET WORKSHOP
11:00 A.M.
ITEM # 46443
Walter C. Kraemer, Jr., Acting Director - Department of Management Services, Resource Management,
distributed a document from Council Lady Parker requesting the percentage changes for the various
categories ofrevenue appropriations and full-time equivalents (FTE's),from FY 1999-00 to FY 2000-01.
Mr. Kraemer advised the first section to be reviewed will be Safe Community, representing approximately
11. 74% of the Total Budget.
Highlights include an additional Consumer Protection Investigator I position in the Office of the
Commonwealth's Attorney to be able to address the increased number of citizen requests. The staffhas the
responsibility of enforcing Consumer protection laws by investigating complaints against businesses,
preparing cases for court, providing consumer information to the public, and mediating disputes when legal
action is not warranted. The requests for investigations/mediations average between 1,300 and 1,400 per
year, Due to the inability of the office to address every request the Division has focused on providing
consumer education. This educational effort, however, has tended to increase the number of complaints
needing assistance. The Division must decline more than 45% of the requests received yet still manage to
return more than $435,000 to the citizens of Virginia Beach during FY 1998-99. Mayor Oberndorf
congratulated The Honorable Robert J Humphreys - Commonwealth's Attorney, upon his appointment as
Judge to the Court of Appeals, Judge Humphreys advised the Investigator I position has been requested,
but not funded, for a number of years. Information has been received that the State will reimburse the City
approximately $132,000 above the funds anticipated by the Management Services Department. This is due
primarily to salary increasesfor Prosecutors for which the Office of the Commonwealth's Attorney has been
lobbying, In addition, the State Budget calls for a number of additional Prosecutor and Para Legal
positions state-wide. Virginia Beach currently ranks No, 4 on the priority list (which is being revised),
Through these priorities, Judge Humphreys believes the Office of the Commonwealth's Attorney will receive
one additional Prosecutor and one Para legal, The Office is delivering to the City Treasurer $1.189-
MILLION in fines collected, which is approximately $240,000 above thefunds collected last year, Judge
Humphreys expressed appreciation to the City Council for their support. All Members of Council will be
formally invited to the Court of Appeals for his investiture in the City Council Chamber on April 26, 2000,
at 4:00 P.M, with a reception following at the Marine Science Museum,
Community Corrections provides supervision for approximately 1,800 locally responsible offenders who
otherwise would have been assigned to the Virginia Beach Correctional Center to serve sentences, Offenders
are placed in the program by Judges of the Circuit Court, General District Court and Juvenile and Domestic
Relations Court. The secured juvenile detention usage by Courts has increased by nearly 18%, which the
staff has attempted to anticipate in this Operating Budget.
Chief Gregory B. Cade, Fire Department, presented information through the new audio visual equipment,
To provide back-up capabilities to the Volunteer EMS system, the Fire Department will provide advance life
support equipment on all fire trucks. One issue, to be investigated in the future, is the replacement offire
vehicle heavy equipment. For FY 2000-01, three fire pumpers have been included in the budget. Over the
next seven years, approximately 30 vehicles will be scheduled for replacement. Ten (10) fire fighter
positions have been added to address staff issues relative a maturing work force. Two fire captains have
been added to handle recruitment project management related to the General Booth Fire Station.
Station and Apparatus Staffing
18 Stations
32 Total Staffed
20 Engines
5 Ladders
2 Tankers
1 Hazardous Material Unit
4 Battalion Chiefs
April 4, 2000
- 3 -
BUDGET WORKSHOP
ITEM # 46443 (Continued)
Virginia Beach Fire Department
324 Operations personnel
3 Shifts of 1 08 assigned personnel
24 hours on duty, 48 hours off duty
(Average work week of 56 hours)
108 Assigned Personnel
87 Personnel Minimum Staffing
21 Positions Utilized
Planned Leave
Vacancies, Injury Leave, TDA's
Unplanned Leave (sick, etc)
Virginia Beach Staffing
108 Assigned per shift
87 Fire Fighters minimum
1.24 Persons per position
National Research
To effectively maintain minimum staffing
with minimal overtime 1.30 person per
position are recommended.
Recommended Staffing
Using the 1,30 factor, Virginia Beach
should assign 113 fire fighters per shift,
OSHA
1996 2 in, 2 out rule
1996 VBFD 78 additional positions needed
Department policy developed
Utilizes multi-unit responses
FY 97/98 - 13 positions authorized
Virginia Beach Fire Department
1996 chose to focus on OSHA's 2 in, 2
out rule
2000 needs have shifted - maintain 87
fire fighters
Factors Effecting Minimum Staffing
Aging Work Force
Increased use of Sick Leave
Family Medical Leave Act
Senior employees accrue more leave
Decisions affecting compensatory time
FY 00/01 Budget Proposal
10 Additional Fire Fighters
Increases staffing from 1.24 to 1.28
persons per position
Additional positions reduce overtime
required to maintain staffing
The 10 additional Fire Fighters will be funded as of January 1, 2001. The increase in pay for newly hired
Fire Fighters is to have the City competitive with the surroundingjurisdictions. Catheryn Whitesell advised
Mayor Oberndorfthe Market Survey compares the top of the salary for each City. Human Resources does
review the long term employee to make sure the "top of the salary" is competitive for all cities.
Chief Cade advised Councilman Jones re the Capital Improvement Program ie the Ocean Park Fire
Department, $50,000 was earmarked to study the Ocean Park Fire Station, A report is also being prepared
for City Council's review in June in conjunction with the Department of Emergency Medical Services
reviewing the placement of Fire Stations and EMS Rescue Stations. Councilman Jones referenced
perception in the Bayside area that a fire station will be built in Diamond Springs. The Diamond Springs
issue will be included in the aforementioned report, As per request of Council Lady McClanan, ChiefCade
will provide a listing of the average response times for individual fire station locations.
April 4, 2000
-4-
BUDGET WORKSHOP
ITEM # 46443 (Continued)
Council Lady Henley referenced the Sandbridge Fire Station and the replacement schedule, ChiefCade
advised the staff would return to City Council, after ADOPTION of the CIP, to request approval to purchase
the land. $2.9-MILLION has been approved. Once the land is purchased, the design work will entail
approximately 6 months. The actual construction should commence next year, The City Manager believes
the Schedule of Activities contained a worse case scenario, ifproblems arose with the site acquisition and
condemnation resulted, this would add a year to the schedule, Chief Cade advised there are four (4) vacant
fireman positions. Chief Cade does not see any problem with filling the new positions. The minimum
assignment to a house fire is 3 engine companies and one ladder,
Chief Cade advised a facilitator is being utilized to resolve the problems between the EMS and the Fire
Department. The Departments met for two days and will finish tomorrow afternoon,
Sheriff Frank Drew and Chief Deputy Paul Lanteigne were in attendance to respond relative the Sheriff and
Corrections Budget. Mayor Oberndorf referenced a proposal each person arrested would have to pay $100
to the City. Sheriff Drew advised this was accomplished in other states, Virginia is under the Dillon Rule
and, therefore, has to have permissionfrom the General Assembly for this aforementioned proposal. Sheriff
Drew believes this permission could be granted through the General Assembly in the upcoming session. This
is a very interesting concept as many individuals have the ability to pay for their incarceration. Individuals
who are able must pay for their medical plus canteen charges, The Aids problem is very costly. Individuals
in advanced stages of Aids who are not able to secure the necessary medical assistance are getting arrested,
Inmates, by Federal law, are receiving better care than the Senior citizens. The tax payers are payingfor
same in excess of$1-MILLION per year. This covers approximately I, 100 individuals, Virginia Beach has
a lower per diem cost than any jail in Virginia. The City's jail was determined to be the most economically
run jail in Virginia. Medical increased 10 - 15% per year. The Correction Center will house over 1,000
inmates and process over 16,200 arrests during the year, Seatack Elementary is being turned into a training
facility for the Police and Sheriff's office, The entire cost in the Budget will be $2.3-MILLION with the City
expending $1.1-MILLION. Through the Sheriff's work programs, $J.2-MILLION is being paid for this
building. This is more than one-half and will save the City approximately $9-MILLION.
Mr, Kraemer advised the Police Department will be in attendance during the April 11, 2000, Budget
Workshop,
Relative the Courts and Court Support, the Contingency Account has been increased from $500,000 to $1-
MILLION to cover Juvenile Detention costs as well as the Comprehensives Services Act Program. The City
expended $I.3-MILLION in the CSA. Mr, Kraemer advised the State restricts the City's capacity to utilize
electronic records for storage purposes, Many times the hard copy is required to be available for particular
cases. The state has initiated new legislation to change this whereby electronic or microfilm copies of
documentation will be accepted. However, in the past, this electronic mechanism has not been allowed to
be utilized, especially in cases dealing with juveniles,
Relative Emergency Medical Services, there are 742 volunteers responding to 26,600 emergency medical
calls Bruce Edwards, Director - Emergency Medical Services, advised with the expansion of the
convalescent homes and assisted care facilities, EMS is receiving more senior citizen calls. Complimenting
this impact is the change in Medicare reimbursement policies, which have led to a growing reliance on the
Volunteer Rescue Squads for ambulance transportation. In terms of addressing the complex medical issues,
the Department has formed a special paramedic program and has been able to increase the level of staffing
necessary to handle the increase in complexity. To decrease response time, EMS and Court House Rescue
personnel identified a vacant building located at the intersection of Painters Lane and Townfield Road,
which is adjacent to the future Ferrell Parkway, This facility was renovated and now stations one ambulance
much closer to the General Booth/Red Mill area to provide a second response crew at no extra cost to the
City, Mr. Edwards advised the Military has strict policies onfund raising on Federal property. EMS serves
all of Little Creek Amphibious Base in Norfolk, Fort Story (since 1977), Dam Neck and Oceana Naval Base.
Mr. Kraemer proceeded to the next Section of Economic Vitality including Agriculture, Economic
Development, Housing and Neighborhood Preservation. Convention and Visitor Development is
scheduled for the April 11, 2000, Workshop.
For FY 2000-01, Economic Development projects will create 1,500 jobs in Virginia Beach and $40-
MILLION in new capital investment. On the average, the Economic Development Investment Program
(EDIP) funds invested are paid back to the City in the form of new municipal taxes in 2.36 years. Each
dollar of public funds spent yields $30.25 in new capital investment, and every $ 717. 00 spent yields one new
employment opportunity.
April 4, 2000
- 5 -
BUDGET WORKSHOP
ITEM # 46443 (Continued)
Donald Maxwell, Director of Economic Development, advised the EDIP funds must be utilized for a public
purpose in addition to serving the user of the building. A legal review is initiated for each applicant.
Essentially, 90 plus % of the funds utilized are off-site infrastructure costs as turning lanes, sewer/water
improvements, signalization, etc. To enhance its economic vitality, the City develops strategic options and
alternatives to create, enhance and sustain wealth and income in the City consistent with the overall well-
being and quality of the community, The Department also provides staff support to the Virginia Beach
Development Authority, which is appointed by the City Council, The Development Authority assists in the
business/industrial location and retention process by acquiring, developing and reselling land in municipally
owned and operated corporate parks. There is a separate Web Site for Economic Development Brochures
are being published with the Economic Vitality Strategy. The Economic Vitality Strategy will be scheduled
for a City Council Session in June or July.
Relative the Thirty-first Street project, there is a net revenue of $49-MILLION over theflrst twenty-flve
years, which would essentially pay for flve elementary schools, The Thirty-first Street project is still owned
by the Development Authority, The needs assessment in the Budget addresses the option to shift to "just a
park" project, if that were to be the ultimate decision of the citizens and the City Council, There is a question
on the Ballot: (petitioned through citizens) "Should the City of Virginia Beach develop a panoramic public
park on the City-owned property located on the ocean at 31'1 Street and Atlantic Avenue without
permitting a permanent business establishment thereon? " Mr. Kraemer advised funding would have to be
established to reimburse the Development Authority for the land currently owned and also to provide funding
for the Sandler property. The City Attorney advised there are also parcels on the west side of Atlantic Avenue
which would have to be acquired, The Whitehurst and Drewry parcels have been purchased, closed upon
and are owned by the City. There is an option, as part of the arrangement, to purchase the southside of the
block (Neptune's Corner Parcel). The City Attorney advised there are contingencies in each and every
contract. Mr, Maxwell will conflrm whether the Chairman of the Development Authority, was Van
Cunningham, when 3181 Street was purchased in 1987, Mr, Maxwell advised if the citizens wish the Thirty-
flrst Street to contain a park, this will entail a cost of approximately $1-MILLION, which the Developer is
now paying and the annual operating costs will have to be considered, which have been paid for by the
private development side, Parking at the Resort area was the number one complaint of the citizens,1f this
is to be a park, parking will have to be provided as well. Council Lady McClanan foresees the Parking
Garage as being a part of the Park. 30,000 individuals have signed the petition requesting Thirty-first
Street to be made only a park. A specific analysis will be provided to determine what the tax rate would be
in cents on the real estate tax dollar to offset the cost if Thirty-flrst Street is to be only a park. A report
card relative the public-private partnerships to date shall be provided,
The Agricultural Reserve Program is planning to undertake 12 applications resulting in 1200 acres added
to the Program. Louis Cullipher, Director of Agriculture, advised there have been a few acres, which are
part of a larger parcel, acquired for the ARP, based on comparable sales and purchased at a very low rate,
that are not developable, The rationale for development is with water and sewer, those areas close to the
Green Line are developable, The Department is actively pursing location possibilities for the construction
of a Farm Park, currently in the preliminary state of discussion. Plans include having the agricultural
attraction located on a one hundred acre parcel, with an interpretative center housing various exhibits, a
Farmers' Market and a restaurant, Should it be determined that Princess Anne Park, also located within
the Princess Anne Corridor boundaries, would be relocated, a possible addition to the Farm Park may be
an enclosed equestrian ring which could be used not only to replace the rodeo ring currently located at
Princess Anne Park, but also as an indoor training facility for the City Mounted Police Force, Placing the
training facility in close proximity to the Park's other attractions would also enhance the Park as a
destination not only for tourists, but for citizens and for area students on schoolfleld trips.
Council Lady Parker referenced the Certificate of Occupancy Inspection Program. Some of the landlords
are keeping their property utilities in their name and avoiding the Compliance Program. Council Lady
McClanan also advised these homes are also on a month-to-month lease, so the City's inspections are not
required. Andrew M. Friedman, Director of Housing and Neighborhood Preservation, advised there are
three ways to determine ifindividuals are complying with a Certificate of Compliance. The term of the lease
is not relevant to the compliance, as the law requires inspection annually (or less) if tenancy changes,
Virginia Power provides the Department with information on utility changes. In certain areas, Community
Policing is notifYing the Department when it is evident of a change in tenants.
Information relative the compensation of the Planning Commission Members in the various Hampton Road
Cities shall be provided.
April 4, 2000
- 6-
CITY MANA GER 'S BRIEFING
OCEANA NOISE STATUS REPORT
12:03 P.M.
inspections, including removal of signs, towing of cars, removal of graffiti,
waste management violations, and cutting of grass
Feedback from citizens
Other related information
The first report will be in July, 2000.
#3: The Department of Housing and Neighborhood Preservation and the Planning
Department, with guidance from the Fire Department, will develop and implement
a volunteer inspection program no later than September, 2000, thereby increasing
the amount of inspections that can be done, at less cost than with additional staff.
Note that the Fire Marshal's Office will continue to utilize certified volunteers.
#4: To provide enhanced coordination among related agencies, our Inspections
Work Group, consisting of these three agencies plus the Police Department's
Community Policing Program, and the Health Department's Environmental Health
Division, will meet regularly and identify ongoing areas where cooperation can
provide enhanced results.
#5: Staff will make a presentation on the "Spot Blight" authority to Council in
June, 2000, and seek Council's agreement to bring forth potential cases as an
enforcement tool for difficult properties.
#6: DHNP is leading an effort to develop technology to automate field inspections,
and provide Council, staff and citizens eventual direct access to inspection
information via the Internet. The system that will be developed is expected to be
able to serve all three departments. This should improve inspection efficiency and
provide better customer information.
#7: DHNP and Fire are working with the Police Department to increase
consistency and coordination between Community Policing officers and inspectors.
This work is resulting in better property maintenance and community safety as
each function is being helped by using all the available tools and expertise to
achieve results.
#8: Fire, Housing and Health will continue with the program of coordinated resort
area inspections.
I would be happy to provide you any further information you may desire regarding
this.
With Pride in Our City,
April 4, 2000
- 7 -
CITY MANA GER 'S BRIEFING
OCEANA NOISE STATUS REPORT
ITEM # 46444 (Continued)
Iffederal funds are made available to assist in the mitigation of noise around commercial aviation airports;
then funding should be made available to assist communities and citizens to mitigate similar or more intense
~~..__-11_.._1- ----_:_._-1...:Û---.:l:.___.r__:l:.:_~ 7"1_:_1)___1_..:_--_._--._-.~""-----.~-- -----__-1r-.1---_"__:_'_.:_..
City c::>f Virgi.t:îia Beach
OFFICE OF THE CITY MANAGER
(757) 427-4242
FAX (757) 427-4135
TOO 1757) 427-4305
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9001
April 5, 2000
Honorable Mayor
Members of City Council
As part of our ongoing efforts to respond to your priority of quality neighborhoods
and improved inspections, staff have been working on ways to improve the
effectiveness of our existing operations. The following eight actions were
proposed by staff, have been approved by me, and will be implemented over the
next several months as part of this work.
#1: In order to provide the best and most effective inspections services to our
citizens, the following three divisions - Department of Housing and Neighborhood
Preservation -Code Enforcement Division, Fire Department - Fire Marshal's Office,
and Planning Department - Zoning Division - will begin the process of operating
together, as if they were one department. This means that the three division heads
will make joint decisions about what inspections to do, when to do them, what
training is needed, how much time should be spent on what functions, what data
is needed, what records are needed, and all other things necessary to achieve
progress toward the goals stated in our "Community for a Lifetime" strategy:
"We ensure that codes and regulations regarding property appearance, use
and upkeep are enforced."
"We ensure compliance with health and safety laws and regulations
consistently and fairly."
#2: Staff will develop and provide to you on a quarterly basis, a unified (three-
department) performance and improvement report, including the following
information, and other information that you request:
Number, type and location of Inspections
Number, type and outcome of court actions
Number, type and location of actions taken to eliminate violations other than
-8-
AGENDA RE VIE W SESSION
12:33 P.M.
ITEM # 46445
I4 Resolution to request the Us. Congress AMEND legislation to
provide FAA funding re noise mitigation and attenuation
around commercial airports for Military_Airports; and, the City
Clerk provide a copy of this Resolution to the Congressional
Delegation representing Virginia
This item shall be discussed during the Formal Session,
ITEM # 46446
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
0 RD INANCES/RESO L UTI 0 NS
II, Ordinance to A UTHORIZE the City Manager to enter into a LEASE
with Dave's Cove, Inc. for space 26 at The Farmers Market.
I2. Ordinance to AMEND Section 6-116 of the City Code re surfing
(Deferred January 4, 2000 Indefinitely), subject to revisions,
I3, Ordinance re Section 4.5 of the Subdivision Regulations, to
APPROPRIATEfundsfor Open Space at Woods ofLiUle Neck
Neighborhood Park - cash in lieu of park dedication:
a. Phase I - George Newsome Luxury Homes
$11,450,91
b. Phase II - Clark Whitehill Enterprises, Inc,
$ 7,651.80
I5. Resolution re issuance and sale of Industrial Development
Revenue Bonds, Series 2000, not to exceed $4,630,000, re
financing Architectural Graphics, Inc.
Vice Mayor Sessoms will ABSTAIN on Item 5 as the applicant is a client of Wachovia Bank
ITEM # 46447
Council Lady McClanan advised she will add to the Agenda Scheduling of RECONSIDERATION of
COLLETT PROPERTIES/COLLETT CHESAPEAKE PARTNERS Change of Zoning (BEACH -
DISTRICT 6) (lost to negative vote 3/7/2000): B-2 to Conditional B-2 and I-I to Conditional B-2 @ Parker
Lane/Virginia Beach Boulevard.
ITEM # 46448
Council Lady McClanan requested the Minutes of March 28, 2000, ITEM # 46437, Page 38, include the
names of the Shore Drive Advisory Committee, including John R, Langlois. The Shore Drive Advisory
Commission was Chaired by Robert M, Stanton, who reported to City Council on March 28, 2000.
April 4, 2000
-9-
CITY COUNCIL COMMENTS
12:33 P.M.
ITEM # 46449
Council Lady Parker referenced the single information signs littering the City, The proliferation of such
signs has become an unsightly problem, Council Lady Parker contacted the City Attorney. An injunction
was filed. Council Lady Parker expressed appreciation to Karen Lasley and the City Attorney, The purpose
of this action is to obtain a Court order enjoining the continuing violation of a City ordinance, The City
Attorney advised, in this particular case, a phone number was displayed so it was easy to make a contact.
The City issued a warning in January 1999 that such signs are illegal; but, the signs continue to be placed,
in right-of-ways and other properties,
Mayor Oberndorf also expressed concern relative this proliferation of little plain pieces of corrugated
board reflecting various messages i.e, losing weight, baseball caps, balls etc, with just a phone number.
Council Lady Eure advised there appears to be a proliferation of banners on buildings and double
advertising. Council Lady Eure requested staff review as to whether this is allowable and can they be
controlled by the City.
ITEM # 46450
Council Lady Eure referenced the E-Mail correspondence concerning the road capacity in the event of an
hurricane. Chief Operating Officer, C. Oral Lambert., Jr. shall respond,
April 4, 2000
- 10-
ITEM # 46451
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, April 4, 2000, at 12:33
PM
Council Members Present:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M
Henley, Louis R, Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D, Sessoms, Jr.
and A. M. "Don H Weeks
Council Members Absent:
William W Harrison, Jr.
April 4, 2000
-11 -
ITEM # 46452
Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration 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: Candidates for Appointment:
Boards and Commissions:
Francis Land House Board of Governors
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of the
disposition of publicly-held real property, for discussion in an open
meeting which would adversely affect the bargaining position or
negotiating strategy of the public body pursuant to Section 2. 1-344(A)(3) ,
To- Wit:
Agricultural Reserve Program - Princess Anne District
Lynnhaven Parkway and Potters Road Acquisition
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into
CLOSED SESSION.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood 0, Branch, III, Margaret L. Eure, Barbara M,
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E, Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M, "Don"
Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 4, 2000
- 12-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April 4, 2000
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, April 4, 2000, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M,
Henley, Louis R, Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M "Don" Weeks
Council Members Absent:
William W Harrison, Jr.
[ABSENT DUE TO ILLNESS]
INVOCA TION:
Father Daniel Klem
Saint Mark's Catholic Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer ofWachovia Bank, disclosed there were no 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 Wachovia Bank other than Item I.1,5. (Architectural Graphics, Inc.), on which he would
ABSTAIN The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any
application that may come before City Council. Vice Mayor Sessoms' letter of January 4,2000, is hereby
made a part of the record.
April 4, 2000
- 13-
Item VI-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 46453
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this cert!fication resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard. discussed or considered by
Virginia Beach City Council.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M.
Henley, Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, A. M, "Don" Weeks and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
William W Harrison, Jr.
April 4, 2000
iRtønlutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 46452, Page 11, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted ITom Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~;2/~~
th Hodges SmIth, MMC
City Clerk
April 4, 2000
- 14-
Item VI-F.
MINUTES
ITEM # 46454
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of March 28, 2000.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret 1. Eure, Barbara M.
Henley, Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, Vice Mayor William D, Sessoms, Jr, and A, M.
"Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W Harrison, Jr.
April 4, 2000
- 15 -
Item VI-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 46455
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
Scheduling of RECONSIDERA TION of COLLETT
PROPERTIES/COLLETT CHESAPEAKE PARTNERS Change of
Zoning (BEACH - DISTRICT 6) (lost to negative vote 3/7/2000): B-2 to
Conditional B-2 and I-I to Conditional B-2 at Parker Lane/Virginia
Beach Boulevard will be discussed under New Business.
April 4, 2000
- 16-
Item VI-G. 2.
PRESENTATION
ITEM # 46456
Diane Gillespie, President ofw. T. Cooke Elementary School PT A, Gregg Anderson - Principal and Nancy
Baker - Teacher and Member of the PTA Board, expressed appreciation on behalf of the Executive Board
to the Mayor and City Council for their beautiful new school,
A framed print of the old Cooke Elementary School, drawn by local artist, Rick Romano, a Cooke parent,
was presented to the Mayor and City Council,
Mayor Oberndorf extended her gratitude for the portrait and advised of the dedication, commitment and
financial investment by this City Council to the children in this City through their schools: new Seatack
Elementary, Bayside Elementary, New Castle Elementary, Christopher Farms Elementary, Linkhorn Park
Elementary and Creeds Elementary Schools.
April 4, 2000
- 17 -
Item VI-H.I.
PUBLIC HEARING
ITEM # 46457
Mayor Oberndorf DECLARED A PUBLIC HEARING:
FARMERS MARKET - Lease
There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING.
April4,2000
- 18-
Item VI-I.
ORDINANCES/RESOL UTIONS
ITEM # 46458
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN
ONE MOTION, Ordinances I, 2, and 3 and Resolution 5 of the CONSENT AGENDA.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IlL Margaret L. Eure, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D, Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
Vice Mayor Sessoms. being a Corporate Officer of Wachovia Bank, ABSTAINED on Item 1.1.5.
(Architectural Graphics, Inc.), as the applicant is a client of the Bank.
April 4, 2000
- 19-
Item VI-I.I.
0 RDINANCES/RESOL UTIONS
ITEM # 46459
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to enter into a LEASE
with Dave's Cove, Inc. for space 26 at The Farmers Market.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, Barbara M.
Henley, Louis R, Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr, and
A. M "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W Harrison, Jr,
April 4, 2000
10
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1
2
3
4
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO LEASE A RESTAURANT
FACILITY LOCATED AT SPACE #26 OF THE
FARMERS MARKET TO DAVE'S COVE, INC.
5
for twenty-three years,
the City of Virginia
WHEREAS,
6
Beach has leased spaces in the Farmers Market;
7
WHEREAS, after evaluating proposals for the operation of
8
a restaurant facility at the Farmers Market, the City of Virginia
9
Beach desires to enter into an agreement with Dave's Cove, Inc.,
for the lease of the restaurant facility located at space #26; and
WHEREAS,
this proposed lease shall be for an two-year
term,
and may be extended for three one-year periods,
wi th the
initial term to begin on April 5, 2000, and expire on April 30,
2002.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized on behalf of
the City of Virginia Beach to enter into a lease with Dave's Cove
Inc., for space #26 at the Farmers Market, with such lease to be in
substantially the form attached hereto as Exhibit A.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of April, 2000.
CA-7655
DATA\ORDIN\NONCODE\Dave's Cove, Incl.ord
March 28, 2000
R-4
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
?~ c ~ I(fr.
City Attorney s Office
FARMERS MARKET RESTAURANT LEASE
THIS LEASE is hereby entered into on this 5th day of April 2000 by and between the City
of Virginia Beach, Virginia, a municipal corporation, ("Lessor"), and Dave's Cove, Inc., a Virginia
corporation, ("Lessee"), whose address is 1805 Larkwood Court, Chesapeake, VA 23321, based
on the covenants, terms and conditions contained herein.
WITNESSETH:
That for and in consideration of the terms, conditions, covenants and agreements made
herein, Lessor hereby leases to Lessee the following described real property:
being all the space that includes the back kitchen area, the front
restaurant service areas, and a metal storage shed (approximately 8'
by 12'), now located in space No. 26 at the Virginia Beach Farmers
Market, Virginia Beach, Virginia, together with that certain
equipment listed on Exhibit A, hereto attached and made a part
hereof,
all such space and equipment to be leased in an "as-is" condition, upon the terms and conditions
hereinafter set forth. The Leased Premises shall not include the hallway or any other space
adjacent to the Leased Premises.
1.
USE OF LEASED PREMISES.
(a) The Leased Premises shall be used only as a restaurant and for the retail sale of minor
items of prepackaged food, such as candy, cookies and chewing gum. Lessee shall not use, or
allow the Leased Premises to be used, for any other purpose other than expressly stated in this
Lease. At a minimum, the Lessee shall ensure that the restaurant is operated and complies with
the following general requirements for a southern, country-style restaurant:
.
home-cooked, down-home country-style food is served;
.
a clean, wholesome, comfortable country-style, atmosphere is established;
.
the majority of the food served is prepared and cooked on-site;
.
napkins, menus, and condiments shall be part of each table setting;
.
at a minimum, condiments shall consist of salt, pepper, sugar, and sugar substitute.
(b) No alcohol or alcoholic beverages shall be sold or consumed, nor shall any gambling
be pennitted, in or upon the Leased Premises at any time, including those times when the restaurant
is not open to the general public. Lessee shall not pennit containers of alcohol or alcoholic
beverages in or upon the Leased Premises, except unopened containers in the possession of
customers that are not visible to the public during hours of operation. Lessee shall not conduct,
or allow to be conducted, any illicit activity in or upon the Leased Premises at any time.
(c) Lessee shall not allow any person, other than bona fide employees or other persons
approved by the Farmers Market Manager, to remain in or upon the Leased Premises at any time
except during regular business hours when the restaurant is open to the general public.
(d) The Fanners Market office shall have the right to hold merchant meetings called by
the Farmers Market manager at the Leased Premises upon one week's written notice to Lessee or
with the verbal consent of Lessee in lieu of such notice.
(e) The Leased Premises shall not be used in such manner as to constitute a public or
private nuisance.
2.
TERM OF LEASE.
The tenn of this Lease shall be for two (2) years, commencing on April 5, 2000, and
expiring, unless sooner tenninated in accordance with the provisions ofthis Lease, at midnight on
April 30, 2002. Upon the mutual agreement of both parties, and subject to an annual rent increase
of five percent (5%), the Lease may be extended for (3) three additional twelve (12) month periods,
with any such extension to be in writing and acknowledged by the parties.
Any holding over by Lessee after expiration of the tenn of this Lease shall constitute a
tenancy from month to month. Rent for any month of said holding over shall be at a rate equal to
the monthly rent payable for the last month of the tenn that most recently expired.
2
3.
PAYMENTS.
Lessee will pay to Lessor a base rent and a promotional fee. (Collectively called "Rental
Payment"). The Rental Payments are due monthly in cash or one check, money order or cashiers
check made payable to the Treasurer, City of Virginia Beach, and shall be due and payable by 5 :00
p.m. on the 10th day of each month, or if the 10th day of the month falls on a Saturday, Sunday or
holiday, by 5:00 p.m. on the next business day following the 10th day of the month which is not
a Saturday, Sunday or holiday. If, within a six (6) month period, Lessee makes two (2) or more
late Rental Payments or tenders two (2) or more checks that are returned for any reason, Lessor
may send Lessee a notice that all future Rental Payments must be paid by money order or cashiers
check. No payment of any amount, nor acceptance thereof by Lessor, shall be construed as
a waiver of Lessor's rights to collect the balance of Rental Payments due or as a waiver of
Lessor's remedies for default as set forth in this Lease.
(a) Base Rent: Base Rent during the first year ofthis Lease shall be Seven Thousand Eight
Hundred Dollars ($7,800.00) annually, and shall be payable in equal monthly installments of
$650.00. Base Rent for the second year of this lease shall be Eight Thousand Four Hundred
Dollars ($8,400.00) annually, and shall be payable in equal monthly installments of $700.00.
(b) Promotional Fee: Lessee shall be required to pay a promotional fee in the amount of
$35.00 per month, which shall be added to the amount ofthe monthly Base Rent. The promotional
fee will be reviewed annually as to possible increases to meet rising costs of advertising and
promotions.
(c) Late Fees: In the event of Lessee's failure to pay the full amount of any installment of
Rental Payment required herein when same becomes due, Lessee shall pay Lessor a late charge in
an amount equal to either Sixty Dollars ($60.00) or ten percent (10%) of the unpaid Rental
Payment due, whichever is greater, as compensation for Lessor's additional expenses. This
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provision shall not be construed to adjust, alter or modify any due date hereunder, nor shall the
payment of any late charge required by this Paragraph 3 be deemed to cure or excuse any default
by Lessee under this Lease.
(d) Returned Check Fees: Lessee shall be required to pay a Twenty Five Dollar ($25.00)
fee for any check returned unpaid by the institution upon which it was drawn.
4.
SECURITY DEPOSIT.
Lessee shall place a security deposit with Lessor in the amount of EIGHT HUNDRED
DOLLARS($800.00), due and payable at the time this Lease is executed. This security deposit
shall be refunded to Lessee at the termination ofthis Lease, provided that Lessee leaves the Leased
Premises in satisfactory condition. The term "satisfactory condition" shall mean that all equipment
is clean and undamaged, all walls, fixtures, furniture and floors are clean and free from debris. All
light fixtures and outlets must be in working order (with working bulbs), and the air conditioning
and heating units must also be in working order.
5.
MANAGEMENT OF RESTAURANT:
Lessee and/or an on-site Manager shall be present during the operating hours of the
restaurant located on the Leased Premises, Lessee and/or on-site manager shall be responsible for
all food service functions and supervision of restaurant staff. On-site manager shall have a
minimum of two (2) years consecutive employment in a position with comparable responsibilities
in a similar operation.
6.
HOURS OF OPERATION.
(a) The restaurant establishment contemplated by this Lease shall be open for business
Monday through Saturday between the core hours 0[8:30 a.m. and 4:00 p.m., and Sunday between
the core hours of 12:00 p.m. and 6:00 p.m., with the exception of Thanksgiving Day, Christmas
Day and New Year's Day, as necessitated for reasons of emergency. In addition, thereto, the
4
restaurant shall be open for business between the hours of 4:00 p.m. and 10:00 p.m. on Friday
evenings when hoedowns, barn dances or other special events are held at the Fanners Market. The
tenn "open for business" shall mean that the additional hours of operation are advertised and that
the doors are open to the public. Lessee shall post signs clearly indicating (i) if the restaurant is
closed or open and (ii) the nonnal hours of operation.
(b) In the event major repairs to the Leased Premises are necessary, and such repairs cannot
be made practicably while the restaurant is open during nonnal business hours, Lessee shall be
required to close the restaurant while such repairs are being perfonned. Lessee's obligation to pay
rent shall be abated (on a prorated basis) during any time while the Leased Premises are required
by Lessor to be closed for repairs.
7.
APPEARANCE OF EMPLOYEES OF LESSEE.
Employees of Lessee shall dress appropriately and shall at all times be neat and clean. If
Lessor receives complaints about the appearance of Lessee's employees, Lessee agrees to meet
with Lessor representatives to address such complaints.
8.
NO PARTNERSHIP OR JOINT VENTURE.
(a) It is understood and agreed by the parties hereto that they do not stand in the
relationship of partners or joint venturers in connection with the operation of the restaurant
establishment contemplated by this Lease. It is further understood and agreed by the parties that
neither party shall be held responsible for the debts or obligations of the other.
(b) Lessee hereby acknowledges and agrees that its employees and agents are those of
Lessee and not of Lessor, and nothing in this Lease shall be deemed or construed to create or imply
any employment or agency relation between Lessor and any of Lessee's employees or agents.
5
9.
RULES AND REGULATIONS.
Lessee shall at all times comply with all rules and regulations of the Virginia Beach
Fanners Market and with all federal, state and municipal laws, ordinances and regulations,
including the tax laws thereof, pertaining in any way to the use of the Leased Premises or the
operations and activities of Lessee pursuant to this Lease.
10.
REPAIRS AND MAINTENANCE.
(a) Lessee shall repair, to Lessor's satisfaction, any willful, accidental, or other damage to
the Leased Premises caused by Lessee or its agents, employees, or employees' dependents.
(b) Lessee shall make immediate repairs or remedy any condition on the Leased Premises
found to be a hazard, upon either written or verbal notice to Lessee by Lessor.
(c) Lessee must repair and, if necessary, replace the heating and air conditioning units,
and/or if applicable, the heat pump units servicing the Leased Premises.
(d) Lessee is responsible for all electrical and plumbing maintenance, repairs, and upgrades
in the Leased Premises. All repairs and upgrades must be performed by a licensed electrician or
plumber.
(e) Lessor is responsible for all structural repairs. This includes any problems with the
walls, ceilings, roof, doors, and windows that is not caused by misuse or damage by Lessee,
Lessee's agents, employees, and/or employees dependents.
(f) Lessor is responsible for all repairs, and replacement of equipment that is listed on the
equipment list (Exhibit A). Lessor will decide when replacement is warranted. If equipment other
than that listed on the equipment list is desired or required by the Lessee, the Lessee is responsible
for acquiring, maintaining, repairing and replacing this equipment.
(g) Lessee is responsible for general housekeeping such as cleaning equipment, furniture,
floors, and fixtures as well as changing light bulbs, cleaning the grease trap and other required in
6
general restaurant operation. Lessee is solely responsible for any costs involved in general
housekeeping.
11.
ASSIGNMENT OR SUBLETTING.
Lessee shall not assign this Lease or sublet or encumber the Leased Premises or any portion
thereof, or permit the Leased Premises or any portion thereof to be used by any person or entity
other than Lessee or its patrons without the prior written consent of Lessor. Any purported or
attempted assignment, subleasing or encumbrance shall be void and of no force or effect against
Lessor.
12.
ALTERATIONS AND ADDITIONS.
Lessee shall not make, or cause or allow to be made, any alterations, additions or
improvements to the Leased Premises without the prior written consent of the Lessor. All
alterations, additions or improvements, except as may be removed without damage to the Leased
Premises, and all fixtures, shall become the sole and entire property of Lessor upon the expiration
or termination of this Lease.
13.
SIGNS OR ADVERTISING DISPLAY
Lessee shall not place, or cause or allow to be placed, any sign or other advertising display
or device upon or about the Leased Premises, without the prior written consent of Lessor.
14.
COVENANTS AGAINST LIENS.
Lessee agrees to do or permit no act which will cause a lien of any nature to be placed upon
the Leased Premises, and further agrees to indemnify Lessor for any and all liabilities incurred by
Lessee, or its agents or employees, claimed or charged against the Leased Premises.
15.
INDEMNITY AND INSURANCE.
(a) Lessee unconditionally agrees to indemnify, defend and save harmless Lessor, its
employees, agents, volunteers, successors, assigns and officials for any and all loss, damage,
7
Lessee. All foods served or sold by Lessee shall be of good quality and shall meet or exceed all
applicable federal, state and local regulations and standards.
18.
INSPECTION AND ACCESS.
(a) Lessor shall have the right to enter the Leased Premises at any reasonable time, upon
reasonable advance notice to Lessee, for the purpose of inspecting the same or to make such
alterations, repairs or improvements as Lessor may deem necessary or desirable.
(b) In cases of emergency, Lessor, by its authorized personnel or agents, shall have the
right to enter the Leased Premises at any time, with or without notice to Lessee. Lessee shall, prior
to taking possession of the Leased Premises, deliver to the Farmers Market Superintendent such
key or keys to the Leased Premises as will open the door to the Leased Premises and any doors
within the Leased Premises.
(c) In addition, Lessor, or its authorized personnel or agents, shall have the right to enter
the Leased Premises for health, fire, and/or safety inspections, with or without notice to Lessee.
Lessee shall apply for, and maintain the requirements necessary for any required Health
Department permits. Lessee shall provide to the Superintendent a complete copy of each Food
Service Establishment Inspection Report within twenty-four (24) hours ofthe receipt thereof from
the Health Department. Any improvements or changes in health practices required by such Food
Service Establishment Inspection Report shall be completed by Lessee within the time limits
prescribed therein.
19.
BANKRUPTCY OR INSOLVENCY.
In the event Lessee shall file for bankruptcy or reorganization or be adjudicated bankrupt
or insolvent or make any assignment for the benefit of creditors, or in the event Lessee's leasehold
interest in the Leased Premises shall be subjected to execution or legal process, or in the event
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Lessee shall go into receivership, Lessor shall have the right to terminate this Lease immediately,
irrespective of whether Lessee is in default of any of the terms of this Lease.
20.
ABANDONMENT OR BREACH.
(a) In the event Lessee shall abandon the Leased Premises or breach any of the provisions
ofthis Lease, (except the provisions relating to non-payment ofmonies due under this lease, which
are addressed at paragraphs 29 and 30 ofthis Lease), and such abandonment or breach is not cured
by Lessee within five (5) days of delivery or mailing to Lessee of written notice of such
abandonment or breach, Lessor shall have the right to terminate this Lease. Such termination shall
be effective upon the mailing or delivery to Lessee of notice of termination. In the event of
termination hereunder, Lessor shall have the right to reenter and relet the Leased Premises and shall
have the right to exercise any of its rights and remedies under applicable law.
(b) Notice of breach or abandonment shall be by certified or registered mail addressed to
Lessee at the Leased Premises, by personal delivery to Lessee or, in the event Lessee cannot be
found at the Leased Premises, by posting in a conspicuous location upon the exterior ofthe Leased
Premises and mailing by first-class mail to Lessee at Lessee's last-known residence address. In the
event notice shall be given by mail, such notice shall be deemed to have been given at the time of
mailing, and not at the time of any actual receipt of such mail by Lessee.
21.
SURRENDER OF PREMISES,
Lessee shall, upon the expiration ofthis Lease, surrender the Leased Premises to Lessor in
as good condition and repair as at the commencement of the term of this Lease, reasonable wear
and tear expected.
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22.
UTILITIES.
Lessor will be responsible for water and sewer utility service for the Leased Premises. The
Lessee shall pay for all other utilities, including electrical and telephone, for the Leased Premises.
23.
REFUSE.
Lessor shall be responsible for the collection of refuse from the Leased Premises; provided,
that Lessee shall place all refuse in such adequate containers as may be required by the City. The
term "refuse" does not include new or used cooking oil or other drippings or grease. Lessee shall
be responsible for disposal of oil, drippings or grease resulting from the operation of the Leased
Premises.
24.
EXCLUSIVITY.
During the term ofthis Lease, Lessee shall have the exclusive right to operate the business
of a Country Style Restaurant contemplated herein. As used in this Lease, "Country Style
Restaurant" means a restaurant primarily serving breakfast, lunch, and dinner items of the type
commonly served in rural and small-town restaurants. Lessor shall not authorize or allow the
conduct of any similar Country Style Restaurant within the Farmers Market; provided, however,
that Lessor may authorize other types of restaurants by annual Lessees ofthe Farmers Market. The
food or beverages to be sold will be determined by the Farmers Market Management Team. The
Management Team may also authorize other annual Lessees to sell food or beverages, provided
they remain within their market "mix" as defined in paragraphs 9 and 10 of the Virginia Beach
Farmers Market General Policy, and apply in writing to the Farmers Market Management Team.
Furthermore, during special events and promotions, Lessor may also allow the sale or dispensing
of food and beverages by persons other than annual Lessees without prior notice to Lessee. Lessor
agrees to use its best efforts to inform the Lessee of any opportunities to provide food and
beverages during special events.
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25.
ALTERNATIVE TERMINATION CLAUSE.
After one (1) year either party may, for any reason, terminate this Lease by written notice
specifying the termination date, which shall not be less than ninety (90) days from the date such
notice is delivered to the other party by hand or is mailed by certified mail, return receipt requested.
In the event of such termination, Lessee shall pay the Rental Payment due to Lessor, through and
including the date of termination, in the manner expressed in Paragraph 3. In the event of such
termination, Lessee shall surrender the Leased Premises pursuant to Paragraph 20.
26.
SPECIAL RIGHT TO TERMINATE
The parties acknowledge that Lessor has certain powers, purposes and responsibilities by
virtue of being a municipality. To discharge its powers, purposes or responsibilities, Lessor shall
have the right to terminate this lease by giving written notice to Lessee sixty (60) days in advance,
in the event that the termination hereof is necessary for any public purpose, upon action by City
Council. Any rent paid in advance by Lessee shall be returned by Lessor in an amount prorated
according to the actual period of occupancy. It is agreed that the power of Lessor to terminate or
interrupt Lessee's use ofthe Leased Premises shall not be arbitrarily or capriciously exercised.
27,
LOSS OF PROPERTY.
Lessor shall not be liable for the loss of any property of Lessee, or of its employees or
agents, irrespective of the cause thereof.
28.
CASUALTY/FORCE MAJEURE.
(a)
If20% or more ofthe rentable area of the Farmers Market is at any time destroyed
or damaged (including, without limitation, by smoke and water damage) as a result of fire, the
elements, accident, or other casualty, whether or not the Leased Premises is affected by such
occurrence, then Lessor may at its option, terminate this Lease, effective upon ten (10) days written
notice of such termination, by hand delivery or by mail, without indemnity or penalty payable or
12
any other recourse by the Lessee. If after such occurrence, Lessor has not notified Lessee of any
tennination, this Lease shall continue in full force and effect and the Rental Payment by the Lessee
herein shall not tenninate, be reduced, or abate. Nothing in this section shall require Lessor to
restore or rebuild any portion ofthe Fanners Market or restore, rebuild or reimburse Lessee for any
leasehold improvements, inventory, furniture, chattel, signs, fixtures, contents fixtures or personal
property of the Lessee located on, in, under, or which serve the Leased Premise.
(b)
In the event that Lessor shall be delayed, hindered in or prevented from the
perfonnance of any act required hereunder by reason of strike, lockout, labor trouble, inability to
procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection,
act, failure to act or default ofthe other party, war or other reason beyond its control, perfonnance
of any such act shall be extended for a period equivalent to t he period of such delay. In such case,
rent shall be abated for any period (measured pro rata) that the Leased Premises is uninhabitable
due to such force maj eure condition.
29.
DEFAULT-NONPAYMENT OF RENT.
Failure to pay monies due under this Lease constitutes an event of default, and in such case,
Lessor may send a certified letter to Lessee at the mailing address set forth in Paragraph 34 ofthis
Lease. The Letter will state that the Lessee has breached its Lease and that failure to pay all sums
owed within five (5) days may cause Lessor to pursue all appropriate legal remedies. In the event
that the Lessee fails to pay the sums owed within five (5) days, Lessor has the rights set forth below
in Paragraph 30. Lessor may, in lieu of giving written notice by certified mail, give the five day
written notice described herein by hand delivery to Lessee.
13
30.
DEF AUL T OPTIONS.
Upon default in payment of the Rental Payment, Lessor may, in addition to any other
remedy, exercise any or all of the following options:
(a) Tenninate and cancel the Lease;
(b) Revoke any of Lessee privilege(s);
(c) Treat monies previously paid by the Lessee as forfeited;
(d) Elect to treat this Lease as remaining in effect and collect
all Rental Payments as they come due;
( e) Take immediate possession of the Leased Premises, without notice;
(f) Distrain the goods (including personal property) of the Lessee
in accordance with applicable Law.
(g) Pursue any other legal or equitable remedy provided by law or this Lease.
31.
ENTIRE AGREEMENT/MODIFICATION.
This Lease contains the entire agreement ofthe parties, and no oral promise, representation
or other communication shall be deemed to alter or supplement any ofthe tenns hereof. This Lease
may not be modified or altered in any way except by written agreement executed and
acknowledged by the parties hereto.
32.
COMPLIANCE WITH ALL LAWS/GOVERNING LA W NENUE.
Lessee shall comply with all federal, state, and local statutes, ordinances, and regulations
now in effect or hereafter adopted, in the perfonnance of its obligations under this Lease. Lessee
represents that it possesses all necessary licenses and pennits required to conduct its business and
will acquire any additional licenses and pennits necessary for the perfonnance of its obligations
under this Lease. This Lease is governed by Virginia law, and all questions arising shall be
14
detennined in accordance with such law. The parties agree that the venue for any litigation
involving this Lease shall be the appropriate court of the City of Virginia Beach, Virginia.
33.
SEVERABILITY.
In the event any ofthe provisions ofthis Lease shall be declared invalid or unenforceable,
the remainder ofthis Lease shall remain in full force and effect.
34.
NOTICES.
Any and all notices affecting this Lease may be served by the parties hereto, or by their duly
authorized agents, as effectively as if same were served by any officer authorized by law to serve
such notices. The return of such party, or its duly authorized agent, showing the time, place and
manner of such service of such notice shall have the same force and effect in any legal proceedings
based thereon as a return of service by any officer authorized by law to serve such notice.
All notices required by law to be served upon and all notices pennitted by his Lease to be
mailed to a party to this Lease shall be served upon or mailed to, as the case may be, the following
agents for each party who are hereby appointed and designated as such for the purpose ofreceiving
all such notes at the address shown below, or at such other address as either party may designate
by notice given from time to time:
To Lessor:
City of Virginia Beach
Attn: Farmers Market Superintendent
3640 Dam Neck Road
Virginia Beach, V A 23456
To Lessee:
Dave's Cove, Inc.
Attn: David W. Brannock, President
1805 Larkwood Court
Chesapeake, VA 23321
15
36.
37.
35.
NONDISCRIMINA nON.
During the perfonnance of this Lease, Lessor agrees as follows:
(a) Lessor will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, handicap or national
origin, except where religion, sex, handicap or national origin is a bona
fide occupational qualification/consideration reasonably necessary to the
nonnal operation of Lessor. Lessor agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause.
(b) Lessor, in all solicitations or advertisements for employees placed by or
on behalf of Lessor, will state that Lessor is an equal opportunity
employer.
(c) Notices, advertisements and solicitations places in accordance with
federal law, rule or regulation shall be deemed sufficient for the purpose
of meeting the requirements herein.
(d) Lessor will include provisions ofthe foregoing subparagraphs, A, B, and
C in every subcontract or purchase order of over $10,000.00 arising out
of this Lease, so that the provisions will be binding upon such
subcontractor or vendor.
VENDING MACHINES.
No food vending machines shall be allowed on Leased Premises.
SMOKING.
No smoking shall be pennitted on the Leased Premises.
16
38.
BINDING UPON SUCCESSORS.
This Lease shall be binding upon the parties hereto and their successors in interest,
including but not limited to heirs, assigns, and purchasers at lien, deed of trust, or mortgage
foreclosure.
17
WITNESS the following signatures and seals:
Lessor:
CITY OF VIRGINIA BEACH, VIRGINIA
by
CITY MANAGER or AUTHORIZED
DESIGNEE
ATTEST:
CITY CLERK
Lessee:
DAVE'S COVE, INC.
by
Title:
APPROVED AS TO LEGAL
SUFFICIENCY:
APPROVED AS TO CONTENT:
Department of Law
Department of Agriculture
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I,
, a Notary Public in and for the City and State aforesaid,
do hereby certify that
, City Manager/Authorized Designee of the City Manager
and Ruth Hodges Smith, CMC, City Clerk, for and on behalf of the CITY OF VIRGINIA BEACH,
whose names as such are signed to the foregoing Agreement, acknowledged the same before me.
GIVEN under my hand this
day of
2000.
NOTARY PUBLIC
My Commission Expires:
STATE OF VIRGINIA
CITY/COUNTY OF
, to-wit:
I,
, a Notary Public in and for the City and State aforesaid,
18
do hereby certify that
, whose name
as such is signed to the foregoing Agreement, acknowledged the same before me.
GIVEN under my hand this
day of
2000.
Notary Public
My Commission Expires:
19
QTY
8
3
42
10
5
1
1
1
1
1
1
1
1
1
1
8
1
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1
1
1
1
1
1
1
8
1
1
1
1
EXHIBIT A
VIRGINIA BEACH FARMERS MARKET
RESTAURANT EQUIPMENT INVENTORY
DINING AREA
DESCRIPTION
Tables-30" X 30" Formica top wood grain design
Tables-24" X 24" Formica top wood grain design
Chairs-stacking-w/blue upholstery
Bar Stools-chrome based w/leather seats
Booth-blue wood / seating capacity 4 w/tables
Neon Open Sign-electric
Cup Dispenser-5 cup slots /stainless steel
Food Steamer-Ember-Glo ES-5PB
Griddle-GE model CG-55
Roll Warmer-w/Counter Top Toastmaster
Toastmaster-Pop-Down PO4
Vulcan Fryer-Model # (MEF-24)-Serial # (830534976)
Heat Lamp (2-bulb)-/above dumping well for french
fries, etc.
Heat Lamp (strip-style) in pass through window
Hood-w/updraft/B.E. MiGoli/w/fire ext. (84" L)
Filters-encased in metal-for hood in bar area
Fire Extinguisher-wall mount
Freezer-Traulsen DLTl-32 /behind the counter
Ice Bend-under ice maker
Ice Maker-sits on top of ice bend
Table-stainless steel/cutting board attached (84"
Long) behind counter fro grill, deep fat fryer, etc.
Display Case-upright Beverage Air
Refrigerator-(15 Cu. Ft.) Delfield (sandwich unit)
Shelf-stainless steel (34" X 15")
Shelf-stainless steel (34" X lO")
DINING AREA
Hood-stainless steel w/updated fire control system
w/stainless steel back-wall & w/updraft (7' X 5')
Filters-encased in metal-for hood in kitchen
Hot Food Table-Duke E304 (steam table)
Electric Range-ToastMaster RA 36C1
Stainless Steel work Table-w/double shelf w/small
drawer
Food Preparation Unit-stainless steel w/cutting board-
small build-in heat lamp on top shelf (45" X 30")
QTY
1
1
1
1
1
1
1
1
1
1
1
1
4
4
1
2
DESCRIPTION
Refrigerator-(46 Cu. Ft.)
Refrigerator-(46 Cu. Ft.)
Deep Fat Fryer-Wells dual
AC Unit/window (Carrier)
AC Unit/window
Storage Rack / stainless steel / 5 shelf
Triple Sink-stainless steel # FL-3-2148-24L-RNSF
Microwave Oven-Kenmore
Table-stainless steel (38")/deep fat fryer sits on top
Wooden Shelf-(8' 6 ~" X 24") bottom shelf
Wooden Shelf-(32' X 24") middle shelf
Wooden Shelf-(6 ~' X 24") top shelf
Traulsen DHT232
Traulsen GHT-32 NUT
pot F67
PATIO AREA
Picnic Tables-wood w/built-in bench
ENCLOSED TRASH AREA
Trash Cans-on wheels (85 gal) black
STORAGE AREA (SPACE 40-BACK RETAIL AREA)
Steel Storage bin - (20' X 8') w/steel
Tables- (20' X 24") /Formica top/wooden shelf
- 20-
Item VI-L2.
ORDINANCES/RESOL UTIONS
ITEM # 46460
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND Section 6-116 o/the City Code re surfing, subject
to revisions
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D, Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr,
April 4, 2000
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AN ORDINANCE TO AMEND SECTION 6-116
OF THE CITY CODE PERTAINING TO
SURFING
SECTION AMENDED: § 6-116
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
8
That Section 6-116 of the City Code is hereby amended and
9
reordained to read as follows:
Sec. 6-116.
Surfing generally.
(a)
It ohall be unlm;ful for emy peroon to ourf or to
uoe a ourfboard at any time in the littoral ì.;atero of the ~tlantic
Ocean, ì..ithout a leaoh or tether joining ourfer and board.
(b)
It ohall be unla~ful for any peroon to ourf or to
uoe a ourfboard from Hemorial Day Weekend to Labor Day Weekend, in
the city in the littoral 'v;atero of the Atlantic Ocean, except ao
permitted herein.
(1)
city recreation park,
the
Little
At
Ioland,
at
placeD and timeD ao deoignated by the director of
parko and recreation.
(2 )
Couth of
Little
Ioland ['ark to the
otate
line,
bet.;een ounrioe and ounoet, oubj ect to reotrictiono
that may be impooed by the United E:::tateo in the
area mo'ned by it.
(3 )
In the area bet~een the oouthern boundary of the
United Ctateo Naval Reoervation, Dam Nec]c, and the
northern line of Little Ioland ['ark,
betì.;een the
houro of ounrioe and ounoet, except that, bet~een
Hemorial Day WecJcend and Labor Day Weekend, ourfing
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(5 )
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(C)
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io not permitted bet~een the houro of 10.00 ~.m.
o.nd 'i.00 p.m.
( 1 )
In the ~reo.o north of the northern 1 ine of Co.mp
rendleton to the oouthern boundo.ry of ~2nd Ctreet,
bet"y;een the houro of ounrioe o.nd ounoet,
except
th~t,
bet"yJeen P1emori~l Do.y Weekend through L~bor
D~y Weekend,
ourfing io not permitted bet~een the
houro
of
o.nd
10.00
"vJeekdo.yo
~nd
1. 00
~.m.
p.m.
10.00
~nd C. 00 p. m.
'y;ecJcendo ~nd holid~yo.
~.m.
Curfing
io
permitted
in
the
three
hundred
~re~
(300 )
feet north of the center line of 3rd Ctreet
prolongo.ted eo.ot'y;o.rd extending one hundred
(l00)
feet
north
of
the
line
of
5th
center
Ctreet
prolongo.ted e~otw~rd o.nd in the ~re~ eight hundred
(800 )
feet oouth of the oouthern jetty of Rudee
Inlet ~nd in the ~re~ five hundred (500) feet north
of
the
northern
jetty
of
Rudee
Inlet
bet"yJeen
ounrioe o.nd ounoet.
In the o.re,:l.0 from the oouthern boundo.ry 1 ine of
'i2nd Ctreet north to the oouthern bound~ry line of
Port Ctory bet~een the houro of ounrioe ~nd ounoet,
except
tho.t
not
ourfing
io
permitted
bet"y;een
Hemorio.l
D~y vlecJcend
through
L~bor
D~y
Weekend
bet"y;een
the
houro
of
~nd
10.00
'1.00
~.m.
p.m.
"yJeekd~yo o.nd 10.00 ~.m. ~nd C.OO p.m. "y;eekendo o.nd
holid~yo.
In ouch pooted ourfing ~re~o,
not to exceed five
hundred
(500 )
feet,
0.0 the city m~n~ger m~y from
time to time oet ~oide, for periodo not to exceed
2
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(c)
forty five
(15)
d~yo. The city m~nager oh~ll file
hiD
for eotabliohing
ouch areao,
'yJÍ thin
re~oono
t\;enty four
(2 ~)
'y;i th the
houro of ouch pooting,
city clerk.
For purpooeo of thio oection, Hemorial D~y vJeekend
oh~ll be deemed to commence e.oo p.m. the Frid~y before Hemori~l
Day and Labor D~y Weekend ohall be deemed to end ~t 6.00 p.m. L~bor
Bay-.
( d)
Curfing
io
prohibited
all
timeD,
~t
except
~o
provided in ouboection
(b) (e)
~bove,
~ithin three hundred
(J 00)
feet north and three hundred (300) feet oouth of the Wooden Piohing
Pier located bet~ecn 14th Ctrcet ~nd 15th Ctreet, ~o ~ell ~o the
~rea bet"yJcen the north ~nd oouth j ettieo of Rudee Inlet.
( e)
1\ny peroon T,;ho violateD
the
pro~J'ioiono
of
thio
oection oh~ll be guilty of ~ CI~oo 4 miodemeanor.
(f)
The pro~vTioiono
thio
of
oection oh~ll
bc
in
not
effect from July I,
1999 through October 31,
1999, but oh~ll be
ouperceded during that period by the provioiono of oection e 11e.1.
19ì
For purposes of this section, the followinq phrases
shall have the meaninqs respectively ascribed to them:
l.il.
l.ll
ill
J.1.l
"City manaqer" shall mean the city manaqer or his
duly authorized desiqnee.
"Labor Day Weekend" shall be deemed to end at 6:00
p.m. on Labor Day.
"Memorial Day Weekend" shall be deemed to beqin at
6:00 p.m. on the Friday before Memorial Day.
"Shorebreak"
shall
the
between
the
mean
area
shoreline of the Atlantic Ocean and a continuous
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112
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J.Ql
line
runninq
thirty
( 3 0)
feet
of
the
east
shoreline.
Except as otherwise ?rovided herein, from Memorial
Day Weekend to Labor Day Weekend,
it shall be unlawful for any
person to use a surfboard in the waters of the Atlantic Ocean,
between the hours of 11:00 a.m. and 4:00 p.m. Fridays, weekends and
holidays, in any of the followinq areas:
l.U
l.il
1].
H.l.
kl.
In the area from the northern boundary of Little
Island
Park
the
southern
boundary
of
the
to
desiqnated
lifequard-patrolled
swimminq
area
located at the terminus of Sandbridqe Road;
In
the
area
from the
northern boundary
of
the
desiqnated
lifequard-patrolled
swimminq
area
located at the terminus of Sandbridge Road to the
southern boundary of Dam Neck Fleet Combat Traininq
Center;
In the area from the center line of 42nd Street to
the center line of 56th Street; and
In the area from the center line of 58th Street to
the southern boundary of Fort Story.
Except as otherwise provided herein, from Memorial
Day Weekend to Labor Day Weekend,
it shall be unlawful for any
person to use a surfboard in the waters of the Atlantic Ocean,
between the hours of 10:00 a.m. and 4:00 p.m. weekdays and 10:00
a.m. and 6:00 p.m. weekends and holidays, in any of the following
areas:
l.U
In the desiqnated lifequard-patrolled swimminq area
located at the terminus of Sandbridqe Road;
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J.ll
ilL
l.Ql
In the area from the northern letty of Rudee Inlet
to the center line of 42nd Street; and
In the area from the center line of 56th Street to
the center line of 58th Street.
Except as otherwise provided herein, from Memorial
Day Weekend to Labor Day Weekend,
it shall be unlawful for any
person to use a surfboard in the waters of the Atlantic Ocean,
between the hours of 11:00 a.m. and 4:00 p.m. any day of the week,
in the area from the northern boundary of Camp Pendleton to the
southern boundary of Rudee Inlet.
J.tl
Notwithstanding the provisions of subsections
(b)
throuqh (d) of this section, the use of a surfboard in the waters
of the Atlantic Ocean shall be permitted in the followinq areas:
.ill
J.ll
In the area from the southern boundary of Little
Island
Park
the
line,
to
sublect
state
to
any
restrictions
imposed
by
the
United
States
Government with respect to any area of the beach
under its ownership and/or control;
At Little Island Park, sublect to any restrictions
imposed by the director of parks and recreation;
ilL In the area from the southern letty of Rudee Inlet
to a point eiqht hundred (800) feet south thereof;
l.tl. In the area from the northern letty of Rudee Inlet
J2l
to a point five hundred (500) feet north thereof;
In
the
feet
area beqinninq
three
hundred
(300)
north
of
the
line
of
center
3rd
Street
and
extendinq to a point one hundred (100)
feet north
of the center line of 5th Street;
5
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l.§l
.ill
ltl
subsections
J..il
..ill
D.l
ltl
l.2.l
19l
In any area determined to be unsafe for swimminq or
wadinq. pursuant to section 6-17 of this chapter;
and
In any other area that the city manaqer may.
from
time to time. designate as a surfinq area.
In
addition
set
prohibitions
the
forth
in
to
(b) throuqh (d) of this section:
No person shall use a surfboard from one-half hour
after sunset to one-half hour before sunrise.
No person shall use a surfboard unless a leash or
tether loins the surfer to the surfboard;
No person shall use a surfboard in the area between
the south and north letties of Rudee Inlet;
No person shall. from Memorial Day Weekend to Labor
Day Weekend. use a surfboard within the shorebreak
unless such person is paddlinq.
or wadinq beside
the surfboard for purposes of enterinq the water or
returninq to the beach. or unless such person is in
an area specifically designated by this section or
the city manaqer as a surfing area; and
No person shall enqaqe in any activity other than
surfinq in any area specifically desiqnated by this
section or the city manaqer as a surfinq area.
Notwithstandinq
provision
herein
to
the
any
contrary. whenever the city manaqer determines that surfinq in a
particular area poses a threat of danger to the qeneral public. he
may prohibit surfing in such area for the period of time durinq
which
the
threat
of
danqer
exists.
such
shall
Any
be
area
conspicuousl y marked by
"No
Surfinq"
signs.
which
siqns
shall
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remain in place until the prohibition has been lifted, and it shall
be unlawful for any person to surf in any area so marked.
J.hl
In addition to the reqular police officers of the
city,
the director of emerqency medical
services
and hi s dul y
authorized desiqnees are authorized to enforce the provisions of
this section by the issuance of summonses, provided the director or
any such desiqnee is in uniform at the time a summons is issued.
lil
who
violates
provision
of
this
Any
person
any
section
shall
be
quilty
of
Class
misdemeanor:
provided,
4
a
however,
that any person who violates subsection
(f) (2)
of this
section shall be guilty of a Class 3 misdemeanor.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of April , 2000.
CA-7516
ORDIN\PROPOSED\06-116.ord
March 13, 2000
R2
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~
Emergency Medical Services
/~
Law Department
7
- 21 -
Item VI-L3.
ORDINANCES/RESOL UTIONS
ITEM # 46461
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance re Section 4,5 of the Subdivision Regulations, to
APPROPRIATE funds for Open Space at Woods of Little Neck
Neighborhood Park - cash in lieu of park dedication:
a. Phase I - George Newsome Luxury Homes
$11,450,91
b. Phase II - Clark Whitehill Enterprises, Inc. $ 7,651.80
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M.
Henley, Louis R, Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr, and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W Harrison, Jr.
April 4, 2000
32
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12
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AN ORDINANCE TO APPROPRIATE $11,450.91 TO
CAPITAL PROJECT #4-950, NEIGHBORHOOD PARK
DEVELOPMENT (ON-GOING), FOR THE PURPOSE OF
PROVIDING OPEN SPACE IMPROVEMENTS
5
WHEREAS,
the Parks and Recreation Capital Improvement
6
Program
includes
Capital
Project
#4-950,
Neighborhood
Park
7
Development (On-Going), for development of city-owned neighborhood
8
park property acquired through the subdivision ordinance and other
9
methods; and
WHEREAS, George Newsome Luxury Homes, the developer of
Woods
of
Little
Neck
Phase
which
I,
is
9.89
acre,
R-40
a
subdivision, has agreed to make a cash payment in lieu of a park
dedication or reservation in the amount of $11,450.91 for open
space improvements in the vicinity of the Woods of Little Neck
Subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1.
That an $11,450.91 cash payment is hereby accepted
from George Newsome
Luxury Homes
and appropriated
to
Capital
Project # 4-950, Neighborhood Park Development (On-Going), for open
space
improvements
Neck
in
the
vicinity
of
Woods
of
Little
subdivision.
2. That estimated revenues be increased accordingly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of April , 2000.
Requires an affirmative vote by a majori ty of the members
of Ci ty Council.
CA7649
F:\Data\ATY\Ordin\NONCODE\woods of little neck phase l.ord
March 29, 2000
R-2
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY
Management
City Attorn
i /c/ odds ò { ¿,( --H (e A( e c- k. ) jJ¡tÇ,u¿, I
t
N
VICINITY MAP
NO SCALE
tQIES:
t THIS PROPERTY IS ZOtED R-40
2. MlNMUM FRONT Y ARC WIDTH AT SETBACK. 125'
FRONT Y AfÐ SETBACK. 55'
SIDE Y ARC SETBACK. 2C1 (30' AT CORNER)
FEAR Y AfÐ SETBACK. 2C1
MINIMUM LOT AÆA IN SQUARE FEET . 40,000
3. AFEA OF PARENT PARCELS. 9.89 ACÆS
4. THERE ARE 10 LOTS tI THIS SUBDMSlON.
5. CG-6 WLL BE NOTCHED TO AU..OW DRAINAGE
mo SWALE BEHIND CURB.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
1
2
3
4
AN ORDINANCE TO APPROPRIATE $7,651.80 TO
CAPITAL PROJECT #4-950, NEIGHBORHOOD PARK
DEVELOPMENT (ON-GOING), FOR THE PURPOSE OF
PROVIDING OPEN SPACE IMPROVEMENTS
5
WHEREAS,
the Parks and Recreation Capital
Improvement
6
includes
Neighborhood
Park
Capital
Project
#4-950,
Program
7
Development (On-Going), for development of city-owned neighborhood
8
park property acquired through the subdivision ordinance and other
9
methods; and
WHEREAS, Clark-Whitehill Enterprises, Inc., the developer
of Woods of Little Neck Phase II,
which is a 6.914 acre 1
R-40
subdivisionl has agreed to make a cash payment in lieu of a park
dedication or reservation in the amount of $7,651.80 for open space
improvements in the vicinity of Woods of Little Neck subdivision.
NOW 1 THEREFORE 1 BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a $7,651.80 cash payment is hereby accepted from
Clark-Whitehill
Enterprisesl
Inc'l
and appropriated to Capital
Project # 4-9501 Neighborhood Park Development (On-Going) 1 for open
space
improvements
In
the
vicinity
of
Woods
of
Little
Neck
subdivision.
2. That estimated revenues be increased accordingly.
Adopted by the Council of the City of Virginia Beachl
Virginial on the 4 day of April 1 2000.
Requires an affirmative vote by a majori ty of the members
of City Council.
CA7650
F:\Data\ATY\Ordin\NONCODE\woods
March 291 2000
R-2
of little neck phase II.ord
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
~
CITY OF VIRGINIA BEACH
AGENDA ITEM
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Woods of Little Neck, Phase II - Section 4.5 Subdivision Regulations
Cash Payment in Lieu of Park Dedication
MEETING DATE: April 4, 2000
TO:
FROM:
ITEM:
Background:
Woods of Little Neck Phase II is a 6.914 acre, R-40 subdivision. Section 4.5 of the City's
Subdivision Regulations requires a .208 acre reservation or a .104 dedication for open
space. The Department of Parks and Recreation has followed the approved City Council
Policy for Cash Payment in Lieu of Park Dedication which identifies a payment formula for
dedications of less than one acre. The cash payment is based on the assessed value of
the land times the dedication requirement.
Considerations:
The developer of Woods of Little Neck Phase II, Clark-Whitehill Enterprises, Inc., has
agreed to a cash payment in lieu of park dedication in the amount of $7,651.80. This
payment is based on the dedication requirement of .104 acre and an assessed value of
$73,575 per acre. The cash payment is to be appropriated in Parks and Recreation
Capital Project 4-950 Neighborhood Park Development (On-Going), and applied toward
open space improvements in the vicinity of Woods of Little Neck. Attached is the executed
Cash Payment in Lieu of Park Reservation Agreement, which includes a site location map.
Public Information:
This subdivision was processed through the administrative procedures of the Planning
Department, Development Services Center.
Alternatives:
There are no other alternatives beyond those mentioned above (land dedication, land
reservation, cash in lieu) as set forth by Section 4.5 of the City's Subdivision Ordinance.
Recommendations:
Approval of ordinance to appropriate the funds received by the developer to Capital Project
4-950 Neighborhood Park Development (On-Going), with payment to be made by the
developer upon City Council's approval.
Attachments:
Cash Payment in Lieu of Park Reservation Agreement
Ordinance to Appropriate $7,651.80 to the FY 1999-00 Capital Project #4-950
Neighborhood Park Development (On-going) for the Purpose of Providing Open Space
Improvements
Recommended Action: Approval of Ordinance
Submitting DepartmentlAge,\cy: Department of Parks and Recreation
City Manager: . ~ . ~
CITY OF VIRGINIA BEACH
Puks IDd RecrutJoal AdmlzIistnUOQ
MllllidpaJ Cemu
~ Beach. VA 1345'
Phage: (104) 563-1100/Fu (104) 5U.113O
SECTION 4.5 OF THE SUBDIVISION ORDINANCE
CASH PAYMENT IN UEU OF PARK RESERVATION
¡J tJl1- 53L¡ -- 6 -PI/,!# 193'~ -57-~7o1-"(Jt1ð
PLANNING/DSC FILE #: f? 7 .
SUBDIVISION NAME: fUOtJtlS of ¿,!-lIe ¡(lee K, ¡?ht?je~cationmap attached)
,,-
PLANN IN G AREA: L- ¡ /lIe ;../ e c K. -¥"«- (statistical analysis attached)
. . ,l2.-i.ók. . - / - 3"1. ~Mt'.r t7/'d,~ .
ZONING. ,dtUtf a . ¡141M. 10 T
TOTAL SUBDIVISION ACREAGElA VERAGE LOT SIZE: r. g rClCí~ -kfr.i¡{q. ~~:sr' /t.
DEDICATION REQUIREMENT:6/~~.) .5f.# (./~R¿[crt!~ ("total acreage" X"-"%)
j-
ASSESSED VALUE PER ACRE: -;? :=)"7 ( .
ASSESSED VALUE FOR DEDICATION REQUIREMENT: Jt¡I) 75"0. 'í (
("dedication requirement" x "assessed value per acre") ,,-
The und rsigned representing C-Cè n (./\J etL1t;OY1l Lt\)(u~ j--þlt5 does hereby agree this
date, I D.3 ja) J to the-'following cash paYment in lieu of park reservation:
$ ,LS1)..
~n
Company Representative/title
oJ ' ¿--
ì{..A,. ..ivl 1'4. r')~
Planning/DSC
~ C. ~h
Publi Works/Real Estatè
~ '"oO~ <;2 Q:
City Attorney's Office
/kcf (12/8/94)
Attachments
A / I:; tit ¿.( (-tIL Á!¿d) ~luiu--..a:-
I/v ,f,,? (¡f /
t
N
SITE
VICINITY MAP
NO SCALE
NOTES:
t THIS PROPERTY IS ZONED R-40
2. MNIMUU FRONT Y ARC WDTH AT SETBACK. 125'
FRONT Y ARC SETBACK. 55'
SIDE Y ARC SETBACK. 20' (30' AT CORNER)
REAR Y ARC SETBACK . 2a
MNMUU LOT AREA IN SQUARE FEET . 40,000
3. AREA OF PARENT PARCELS. 6.914 ACÆS
4. THERE ARE 7 LOTS IN THIS SUBDIVISION.
5. CQ-6 WILL BE NOTCHED TO AU..OW DRAINAGE
mo SW ALE BEHN:> CURB.
CITY OF VIRGINIA BEACH
Parks aød RliCtUtioai AdzaWstraUOQ
MUllidpal CeDter
VIr¡iDia Beach, VA Z34S'
Pboae: (804) 5ß.l100lFu (804) 5ó3-113O
SECTION 4.5 OF THE SUBDIVISION ORDINANCE
CASH PAYMENT IN UEU OF PARK RESERVATION
-1 ... $' ;)., Jc:co
PLANNING/DSC FILE #: jo~ - S3.) 0-;'1# II 1/fg'"S' ~ .-_');f
SUBDIVISION NAME: hiNds tfr /"/I~ ¡t/~J> J¥V4-"lcationmap attached)
PLANNING AREA: L ¡ !fIe Æ/ec K (statistical analysis attached)
ZONING: J!..f¿! í<!Ô,de,.tf'à/ - 3"?,~.j~p'aX(~ .
TOTAL SUBDIVISION ACREAGE/AVERAGE LOT SIZE; (,. <[I /f f/C/'I!!, /dj,¡~lJ$i~~:;
DEDICATION REQUIREMENT: . i 0 ~ ("total acreage" X"-"%)
k
ASSESSED VALUE PER ACRE: ! ~ 1) ì -5"
ASSESSED VALUE FOR DEDICATION REQUIREMENT: J 7,J ~ /. -gO
("dedication requirement" x "assessed value per acre")
The unders i ned representing (kit" k - (;} h i-i-c!l; II f; rlfy pri "" lpj oes hereby agree this
~;¡e1 6~~. . to the following cash payment in lieu of park reservation:
,d~
state Assessor fI
'ilAAJU l~. ç~
Planning/DSC
~k ('. ,MLIU'}
Pub 'c Works/Real Estate
w~~~
City Attorney's Office
/kcf (12/8/94)
Attachments
- 22-
Item VI-I.4.
ORDINANCES/RESOL UTIONS
ITEM # 46462
The following registered in OPPOSITION:
Mona S. Saferstein, 748 Virginia Dare Drive, Phone: 422-0401, distributed the NEPA Regulationfor
Mitigation; Section 1508.20. Said information is hereby made a part of the record.
Stuart Gordon, 700 Oriole Drive, Phone: 428-0050, member ofCCAJN and requested WITHDRA WAL of
the Resolution.
John Shick, 912 Duke of Suffolk Drive, Phone: 496-4147, Chairman - Citizens Concerned About Jet Noise
(CCAJN) (comprised of over 1500 local residents), Retired Naval Officer. Mr. Shick invited all Members
of City Council to a public meeting ofCCAJN on Saturday, April 8, 2000, at 10:00 A.M. at Lynnhaven
Middle School,
Hal Levinson, 2004 Brickell Court, Phone: 496-3701, member ofCCAJN
Admiral Fred Metz, Retired, 805 Circuit Court, Phone: 481-3248, is not associated with CCAJN, advised
the Mission of Ocean a is to train our young people to defend us, Admiral Metz recommended the City
Council request a study by the Navy of an outlyingfield. Admiral Metz recommended the City Council table
the Resolution as the funds are not available,
Faxed Correspondencefrom the Hampton Roads Chamber of Commerce, dated April 4, 2000, on behalf of
the Oceana Task Force, requesting WITHDRA W AL of the Resolution, is hereby made a part of the record.
Mayor Oberndorf WITHDREW:
Resolution to request the us. Congress AMEND legislation to provide
FAA funding re noise mitigation and attenuation around commercial
airports for Military_Airports; and, the City Clerk provide a copy of this
Resolution to the Congressional Delegation representing Virginia,
April 4, 2000
- 23-
Item VI-I.5.
0 RD IN AN CES/RES 0 L UTI 0 NS
ITEM # 46463
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution re issuance and sale of Industrial Development Revenue
Bonds, Series 2000, not to exceed $4, 630, 000, refinancing Architectural
Graphics, Inc.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0, Branch, III, Margaret L. Eure, Barbara M,
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
William W Harrison, Jr,
Vice Mayor Sessoms, being a Corporate Officer ofWachovia Bank, ABSTAINED as the applicant is a client
of the Bank.
April 4, 2000
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA APPROVING THE ISSUANCE OF
THE VARIABLE RATE DEMAND BONDS (ARCHITECTURAL
GRAPHICS, INc. PROJECT), SERIES 2000
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") has considered the application of Architectural Graphics, Inc. (the
"Company") for the issuance of the Authority's variable rate demand bonds in an amount
not to exceed $4,630,000 (the "Bonds") to assist in the financing of the Company's
acquisition and renovation of an existing 41,000 square foot manufacturing facility and
the acquisition, construction and equipping of an approximately 41,000 square foot
addition thereto for the manufacture of custom metal fabricated signs, and the acquisition
and construction of an approximately 150 space parking lot therefor, all to be located at
the intersection ofInternational Parkway and Voyager Court at Parcels 77, 95 and 96-A,
Ocean a West Industrial Park, in the City of Virginia Beach, Virginia (all improvements
and land being collectively referred to as the "Facility") and has held a public hearing
thereon on March 21, 2000; and
WHEREAS, the Authority has requested City Council (the "Council") of
Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds to comply
with Section 147(f) of the Internal Revenue Code of 1986, as amended; and
WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as amended,
a copy of the Authority's Resolution approving the issuance of the Bonds, subject to
terms to be agreed upon, and a reasonably detailed summary of the comments expressed
at the public hearing, if any, have been filed with the Council of the City of Virginia
Beach, Virginia.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves the issuance
of the bonds by the City of Virginia Beach Development Authority, in a principal amount
not to exceed $4,630,000 for the acquisition and renovation of an existing 41,000 square
foot manufacturing facility and the acquisition, construction and equipping of an
approximately 41,000 square foot addition thereto for the manufacture of custom metal
fabricated signs, and the acquisition and construction of an approximately 150 space
parking lot therefor, all to be located at the intersection of International Parkway and
Voyager Court at Parcels 77, 95 and 96-A, Oceana West Industrial Park, in the City of
Virginia Beach, Virginia for the benefit of Architectural Graphics, Inc., to the extent
required by Section 147(f) of the Intell1al Revenue Code, to permit the Authority to assist
in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required by Section 147(f)
does not constitute an endorsement of the bonds or the creditwolihiness of the Company;
but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or
the interest thereon or other costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing power of the
Commonwealth, the City or the Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia Beach, including its
elected representatives, officers, employees and agents, shall not be liable and hereby
disclaims all liability for any damages to any person, direct or consequential, resulting
from the Authority's failure to issue Bonds for the Facility for any reason.
4,
This Resolution shall take effect immediately upon its adoption.
Adopted by a majority of a quorum of the Council of the City of Virginia Beach,
Virginia on April 4, 2000,
I certify the foregoing to be a true and correct copy of the Resolution adopted by
the Cily Council of lhe Cily of Virginia Beach, al a regular meeting held on April 4,
2000,
Clerk
~"'-""'==-~
; " œ=~,,-,]
~. ;' ~p , . Pr- :1
Q"~!- Ff"'~\,i"":') ¡'.C' -"","" :
.. .,..J"""~""""';'~"J ~
~ U;.:G;\t ¡I
" ' .
.;
, 'i
~~¿~'!
~ ~ J
l .~.~ 3'~~t:~ ~
¡ .4- -_._~
VIRGINIA
B&~CH
Department of
Economic Development
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Websile www.virginia-beach.va.us/deptlecondev
E-nrail ecdev@city,virginia-beach.va.us
March 21, 2000
The Honorable Meyera E. Obel11dorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re:
Architectural Graphics, lnc, Project
Industrial Development Revenue Bonds ($4,630,000)
Dear Mayor Obel11dorf and Members of City Council:
We submit the following in connection with project for Architectural Graphics, inc., a
Virginia corporation (the "BolTower") which is located at 2655 Intel11ational parkway, Virginia
Beach, Virginias of Norfolk and Virginia Beach, Virginia.
(1) Evidence of publication of the notice of hearing is attached as Exhibit A , and a
summary of the statements made at the public hearing is attached as Exhibit B. The City of
Virginia Beach Development Authority's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C .
(2) The Disclosure Statement is attached as Exltibit D .
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the issuance of the bonds
described above is attached as Exhibit E .
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(Architectural Graphics, Inc. Project)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Architectural Graphics, Inc., a
Virginia corporation (the "Borrower"), and that a notice of the hearing was published once a week
for two consecutive weeks in a newspaper having general circulation in the City of Virginia Beach,
Virginia, the first publication being not less than fourteen (14) days prior to the hearing and the
second publication being not less than six (6) days and not more than twenty-one (21) days prior to
the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such
notice have been filed with the records of the City Council of the City of Virginia Beach.
The following individuals appeared and addressed the Authority:
Mr. Samuel 1. Webster and Mr. Hugh L. Patterson, both of the firm of Willcox & Savage,
P.C., appeared on behalf of the Borrower. Mr. David A. Ramsay, President of the Borrower,
appeared for the Borrower. Mr. Patterson gave a brief description of the Project (below deemed).
He explained that the Borrower has applied to the Authority for up to $6,430,000 of its industrial
development revenue bonds to assist the Borrower in financing the acquisition and renovation of an
existing 41,000 square foot manufacturing facility and the acquisition, construction and equipping
of an approximately 41,000 square foot addition thereto for the manufacture of custom metal
fabricated signs, and the acquisition and construction of an approximately 150 space parking lot
therefor, all to be located at the intersection ofInternational Parkway and Voyager Court at Parcels
77,95 and 96-A, Oceana West Industrial Park, in the City of Virginia Beach, Virginia.
Mr. Ramsay answered various questions of the members of the Authority.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia approve the issuance of the proposed financing and hereby transmits the Fiscal Impact
Statement to the City Council of the City of Virginia Beach and asks that this recommendation be
received at its next regular or special meeting at which this matter can be properly placed on the
Council's agenda for hearing.
BI-3IS67.\
3f2100
EXHIBIT C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY INDICATING ITS INTENT TO ISSUE BONDS FOR
ARCHITECTURAL GRAPHICS, INc. TO ACQUIRE AND RENOVATE AN
EXISTING 41,000 SQUARE FOOT MANUFACTURING FACILITY AND TO
ACQUIRE, CONSTRUCT, AND EQUIP AN APPROXIMATELY 41,000
SQUARE FOOT ADDITION THERETO AND THE ACQUISITION AND
CONSTRUCTION OF ADDITIONAL PARKING
WHEREAS, there has been described to the City of Virginia Beach Development Authority
(the "Authority"), the plans of Architectural Graphics, Inc. (the "Company"), whose current address
is 2655 International Parkway, Virginia Beach, Virginia 23452, acting on its own behalf, to acquire
and renovate an existing 41,000 square foot manufacturing facility and to acquire, construct and equip
an approximately 41,000 square foot addition thereto, together with the acquisition and construction
of an additional 150 space parking lot (the "Project"), located at 2655 International Parkway in the
City of Virginia Beach, Virginia (the "City"); and
WHEREAS, the Company, in its application and in its appearance before the Authority, has
requested that the Authority issue its variable rate demand bonds under the provisions of Chapter 643
of the Acts of Assembly of 1964 and the Industrial Development and Revenue Bond Act, Chapter 49,
Title 15.2 of the Code of Virginia of 1950, as amended (collectively, the "Act") in such amounts as
may be necessary to finance costs to be incurred in acquiring, constructing, renovating and equipping
the Project; and
WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal
Revenue Code of 1986, as amended, and applicable provisions of the Code of Virginia of 1950, as
amended (the "Virginia Code").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY THAT:
I. The foregoing recitals are approved by the Authority and are incorporated in, and
deemed a part of this Resolution.
2. It is hereby found and determined by the Authority that (a) provision of financing of
the Project by the Authority will be in the public interest and will benefit the inhabitants of the City
through the promotion of their safety, health, welfare, convenience or prosperity, and (b) the
acquisition, construction, and renovation and equipping ofthe Project for the Company in the City will
further the public purposes of the Act and provide a public benefit to the City by, among other things,
promoting industry, commerce and developing trade.
3. It is hereby found and determined that the Project will constitute an "authority facility"
within the meaning of the Act.
BI-JI568.1
3/2/00
1
4. To induce the Company to acquire, construct, renovate and equip the Project, the
Authority hereby agrees to cooperate with the Company in the review and evaluation ofthe application
to finance the Project and, subject to the Authority's final approval of the terms and conditions of the
financing of the Project and the offering of the Bonds at a later date, to undertake the issuance ofits
variable rate demand bonds therefor in the maximum principal amount of $4,630,000 (the "Bonds")
upon the terms and conditions to be mutually agreed upon by the Authority and the Company. If
finally approved by the Authority, the Bonds will be issued pursuant to an Indenture of Trust and
certain other documents satisfactory to, and with terms to be approved by, the Authority. The Bonds
will be issued only after the Authority has received the approving opinion of Bond Counsel as to the
qualification ofthe Bonds under the Act and appropriate certifications and opinions as to the offering
of the Bonds and the disclosure with respect thereto.
5. It having been represented to the Authority that it is necessary to proceed with the
acquisition, construction, renovation and equipping of the Project, the Authority hereby agrees that the
Company may proceed with the plans for the Project, enter into contracts for the acquisition,
construction, renovation and equipping of the Project and take such other steps as it may deem
appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the
Company to obligate the Authority without its consent in each instance to the payment of any moneys
or the performance of any acts in connection with the Project.
6. The Authority hereby agrees to the recommendation of the Company that Willcox &
Savage, P .C., Norfolk, Virginia, be appointed as Bond Counsel and hereby appoints such firm to
supervise the proceeds and approve the issuance of the Bonds.
7. The Authority hereby agrees, if requested, to accept the recommendation of the
Company with respect to the appointment of an agent or underwriter for the sale of Bonds pursuant
to the terms to be mutually agreed upon by the Authority and the Company.
8. All costs and expenses in connection with the financing and the acquisition,
construction, renovation and equipping of the Project, including the fees and expenses of Bond
Counsel, counsel for the Authority and the agent or underwriter for the sale of the Bonds shall be paid
from the proceeds of the Bonds (but only to the extent permitted by applicable law) or by the
Company. If for any reason such Bonds are not issued, it is understood that all such expenses shall
be paid by the Company and that the Authority shall have no responsibility therefor.
9. In adopting this Resolution, the Authority hereby declares its "official intent" to issue
the Bonds within the meaning of Treasury Regulation Section 1.150-2 and certifies that, based upon
the Company's application and other evidence available at the time of the adoption ofthis Resolution,
the Authority reasonably expects that it will use proceeds of the Bonds to reimburse original
expenditures for the Project withing the meaning and contemplation of Treasury Regulation Section
1.150-2 in an amount not expected to exceed $500,000.
10. The Bonds shall be limited obligations of the Authority and shall be payable solely out
of revenues, receipts and payments specifically pledged therefor. Neither the commissioners, officers,
91-31568,1
3/2/00
2
agents or employees of the Authority, past, present and future, nor any person executing the Bonds,
shall be liable personally on the Bonds by reason of the issuance thereof. The Bonds shall not be
deemed to constitute a general obligation debt or a pledge ofthe faith and credit ofthe Commonwealth
of Virginia or any political subdivision thereof, including the City of Virginia Beach and the Authority
and neither the Commonwealth of Virginia nor any such political subdivision thereof shall be
personally liable thereon, nor in any event shall the Bonds be payable out of any funds or properties
other than the special funds and sources provided therefor. Neither the faith and credit nor the taxing
power of the Commonwealth of Virginia, or any political subdivision thereof, including the City of
Virginia Beach, shall be pledged to the payment of the principal of the Bonds or the interest thereon
or other costs incident thereto. The Bonds shall not constitute an indebtedness within the meaning of
any constitutional or statutory debt limitation or restriction.
11. The Authority shall not be liable and hereby disclaims all liability to the Company for
any damages, direct or consequential, resulting from the Authority's failure to issue Bonds for the
Project for any reason, including but not limited to, the failure of the City Council of the City of
Virginia Beach to approve the issuance of the bonds. Nothing herein shall be construed as a
commitment or obligation on the part of the Authority to adopt a final resolution or execute any
documents with respect to the Project.
12. Unless this Resolution is extended by the Authority, the Bonds authorized hereunder
shall be issued within one year from the date hereof or this Resolution shall become void and of no
further force or effect.
13. The Authority hereby recommènds that the City Council ofthe City of Virginia Beach
approve the issuance ofthe Bonds and hereby directs the Chairman or Vice-Chairman ofthe Authority
to submit to the City Council of the City of Virginia Beach a reasonably detailed summary of the
comments, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law,
and a copy of this Resolution.
14.
This Resolution shall take effect immediately upon its adoption.
81-31568,1
3/2/00
3
VIRGINIA
Bß~CH
Department of
Economic Development
One Columbus Center. Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website www.virginia-beach.va.us/deptlecondev
E-mail ecdev@city.virginia-beach.va,us
EXHIBIT E
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $4,630,000
V ARIABLE RATE DEMAND BONDS (ARCHITECTURAL GRAPHICS
INc. PROJECT), SERIES 2000
The Authority recommends approval ofthe captioned financing. The Architectural Graphics
facility (the "Project") will promote industry, commerce and trade within the City of Virginia Beach.
The financing provided by the Authority will assist an existing manufacturing business to double
in size, increase its employment and revenues and add to the City's economic tax base.
EXHIBIT F
FISCAL IMPACT STATEMENT
DATE:
March
.2000
TO:
THE CITY COUNCIL OF VIRGINIA BEACH. VIRGINIA
PROJECT NAME:
Architectural Graphics. Inc.
TYPE OF FACILITY:
Manufacturing Facility
1.
Maximum amount of financing sought
$ 4.630.000
2.
Estimated taxable value of the facility's
real property to be constructed in the
municipality
$ 4.100.000
3.
Estimated real property tax per year
using present tax rates
50.020
$
4.
Estimated personal property tax per
year using present tax rates
7.750
$
5.
Estimated merchant's capital (business
license) tax per year using present
tax rates
$
6.
Estimated dollar value per year of goods
and services that will be purchased
locally
$ 1.080.000
7.
Estimated number of regular employees
on year round basis
130
8.
Average annual salary per employee
$
41.346
The information contained in this Statement is based solely on facts and estimates
provided by the Applicant, and the Authority has made no independent investigation with respect
thereto.
City of Virginia Beach Development Authority
BY:~
Chair
City ~f Virgi:rLia
Beach
DEPARTMENT OF PLANNING
ZONING ADMINISTRATION DIVISION
(7571427.8074
FAX (757) 427.4649
March 16, 2000
MUNICIPAL CENTER
BUILDING 2 - ROOM 100
2405 COURTHOUSE DRIVE
VIRGINIA BEACH. VA 23456-9039
Wilcox & Savage, P.c.
Attention: Nancy Scott
One Columbus Center, Suite 10ID
Virginia Beach, VA 23462
Re:
Architectural Graphics, Inc.
2655 International Parkway
Virginia Beach, V A
Dear Ms. Scott:
The above referenced property is zoned I-I (Light Industrial District) which permits
manufacturing facilities as an allowed use.
To the best of my knowledge, the property complies with all applicable zoning regulations
related to use and occupancy thereof.
If I can be of further assistance, please feel free to give me a call.
~:~
Zoning Inspector Supervisor
TRK/lmr
c: Robert Scott, Planning Director
P. A. J anezeck, Zoning Administrator
c:/file/internationaI.2655.00
VIRGIN lA
B&~CH
VirgInia Bc:JLh
Devt:lopnaenl ,\lIlhmtl.\
One Columbus Center, Suite 300
Virginia Belich. VA 23462
(757) 437.6464
FAX (757) 499-9894
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E.mail ecdev@city.virginia.beach.vJ.us
March 21. 2000
Mr. Stephen W. Burke
Chairman
Virginia Beach Development Authority
One Columbu~ Center, Suite 300
Virginia Beach, VA 23462
Re: Architectural Graphics, Inc.
Oem' Mr. Burke:
It is the finding of the Department of Economic Development that the cre;)tion of
appruxima(cly 150-300 jobs in relation to Architectural Graphics, Inc.'s 40,000 10 90.000 sq. ft.
expansion and total capital investment for real estate and equipment which totals $2,200.000
satisfies the public purpose test.
I will be happy to answer any questions you may have after our meeting of
March 21".
Sincerely.
7?1~
Mark R, Wawner
Project Development Manager
MRW:lls
TOTAL P.02
,~
,".
Item VI-J.l.
ORDINANCES/RESOL UTIONS
BY CONSENSUS, City Council RESCHEDULED:
- 24-
ITEM # 46464
FRANCIS LAND HOUSE BOARD OF GOVERNORS
April 4, 2000
- 25-
Item VI-L.l.
NEW BUSINESS
ITEM # 46465
ADD-ON
Thefollowing registered in SUPPORT of the RECONSIDERATION OF COLLETT PROPERTIES,
INc. (LOWES).
Reverend Tommy Taylor, London Bridge Baptist Church, 2460 Potters Road, Phone; 486-7900
Glen Brindel, 2416 Haversham Close, Phone: 481-7066
Jay Smith, 452 West Plantation Road, Phone: 486-5901
Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council SCHEDULED
ADVERTISING and set the date for 6:00 PM April 25, 2000:
RECONSIDERATION of COLLETT PROPERTIES/COLLETT
CHESAPEAKE PARTNERS (LOWES) Change of Zoning
(BEACH - DISTRICT 6) (lost to negative vote 3/7/2000):
a, B-2 to Conditional B-2
b. 1-1 to Conditional B-2 at Parker Lane
/Virginia Beach Boulevard
Voting:
8-2
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IlL Barbara M, Henley, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Vice Mayor
William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
Margaret L. Eure and Nancy K. Parker
Council Members Absent:
William W. Harrison, Jr.
April 4, 2000
- 26-
Item VI-M.
ADJOURNMENT
ITEM # 46466
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNE"D at 2:58 P.M.
~--_f2:_~ŸL~
Beverly 0, Hooks, CMC
Chief Deputy City Clerk
~~
Ruth Hodges "Smith, MMC
City Clerk
-- --- ---- --- --- --- - --- --- - --- - ---
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
April 4, 2000