HomeMy WebLinkAboutAUGUST 16, 2005 MINUTES SPEC
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
16 August 2005
Vice Mayor Louis R. Jones called to order the SPECIAL FORMAL and CLOSED SESSIONS of the
Virginia Beach City Council re acquisition of real property in the Lynnhaven and Princess Anne Districts
on Tuesday, August 16, 2005, at 3:08 PM. in the City Council Chamber, City Hall Building.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, Jim Reeve, Rosemary Wilson and James L. Wood
Council Members Absent:
Richard A, Maddox
Mayor Meyera E. Oberndorf [Leading a delegation to Moss, Norway (Virginia Beach's
Sister City). The Mayoral delegation is attending the 100-
year Independence Ceremony of Norway's freedom from
Sweden, Four (4) students from the Governor's School
joined ten (IO) representatives of the Mayor's Sister City
Commission to accompany the Mayor and attend the
Peace Conference)
Peter W Schmidt [Out of the City)
Ron A, Villanueva [Entered Closed Session: 3:45 P.M.]
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MAYOR'S CALL TO SPECIAL SESSION:
ITEM # 54284
The Vice Mayor read the CALL TO SPECIAL FORMAL SESSION:
"The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
In accordance with the Virginia Beach City Code Section 2-21, I
hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL on Tuesday, August 16, 2005, at 3:00 P.M. in
the City Council Chamber, City Hall Building. The regular Workshop shall
convene at 4:00 P.M. in the City Council Conference Room.
The purpose of the SPECIAL FORMAL SESSION will be to
discuss the acquisition of real property in the Lynnhaven and Princess
Anne Districts.
Sincerely,
s/James K. Spore
City Manager"
August 16, 2005
City c:>f Virgi:r1ia Beach
YBgov.com
OFFICE OF THE CITY MANAGER
(757) 427-4242
FAX (757) 427-5626
TDD (757) 427-4305
MUNICIPAL CENTER
BUILDING 1, ROOM 234
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9001
August 15, 2005
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Dear Councilmembers:
In accordance with City Code 2-21, I hereby call for a SPECIAL FORMAL
SESSION of the VIRGINIA BEACH CITY COUNCIL on Tuesday, August
16,2005, at 3 p.m. in the City Council Chamber, City Hall Building, 2401
Courthouse Drive. The regular Workshop shall convene at 4 p.m. in the City
Council Conference Room.
The purpose ofthe FORMAL SESSSION will be to discuss the acquisition of real
property in the Lynnhaven and Princess Anne districts.
Sincerely,
k~~
. Spore
anager
dsc
cc Mayor and Members of City Council
Leslie L. Lilley, City Attorney
Ruth Hodges Smith, MMC, City Clerk
Charles W. Meyer, Chief Operating Officer
Susan Walston, Chief of Staff
Marcy Sims - Interim Chieflnformation Officer
Jack Whitney, Interim Chief Financial Officer
Diane Roche, Assistant to the City Manager
for Communications and Media Relations
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ITEM # 54285
Vice Mayor Jones 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 thefollowingpurpose:
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 property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.2-3711 (A)(3).
Acquisition/Disposition of Property:
Lynnhaven District
Princess Anne District
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION (3:10 P.M.)
Voting: 7-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Jim Reeve, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox
Mayor Meyera E. Oberndorf [Leading a delegation to Moss, Norway (Virginia Beach's
Sister City), The Mayoral delegation is attending the 100-
year Independence Ceremony of Norway's freedom from
Sweden. Four (4) students from the Governor's School
joined ten (10) representatives of the Mayor's Sister City
Commission to accompany the Mayor and attend the
Peace Conference]
Peter W Schmidt [Out of the City]
Ron A. Villanueva [Entered Closed Session: 3:45 P.M.]
(Closed Session: 3:10 P.M. - 4:25 P.M.)
August 16, 2005
-4-
ITEM # 54286
Vice Mayor Louis R. Jones RECONVENED the SPECIAL FORMAL SESSION of the Virginia Beach City
Council On Tuesday, August 16, 2005, at 4:28 PM, in the City Council Chamber, City Hall Building.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Jim Reeve, Ron A, Villanueva, Rosemary Wilson and James
1. Wood
Council Members Absent:
Richard A, Maddox
Mayor Meyera E. Oberndorf [Leading a delegation to Moss, Norway (Virginia Beach's
Sister City), The Mayoral delegation is attending the 100-
year Independence Ceremony of Norway ' sf reed om from
Sweden, Four (4) students from the Governor's School
joined ten (I 0) representatives of the Mayor's Sister City
Commission to accompany the Mayor and attend the
Peace Conference]
Peter W Schmidt [Out of the City]
August 16, 2005
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Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 54287
Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 8-0
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A, Maddox and Peter W. Schmidt
August 16, 2005
RESOLUTION
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 # 54285, page 3, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~~~,../~ -
uth Hodges Smith, MMC
City Clerk
August 16, 2005
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ORDINANCE
ADD-ON
ITEM # 54288
Upon motion by Councilman Wood, seconded by Councilman Reeve, City Council ADDED:
Ordinance AUTHORIZING the City Manager to enter into an Option
Agreement for the potential acquisition from the Seasons at Birdneck Point,
L.L. C. (Near Post) of property located in the L ynnhaven District of Virginia
Beach, Virginia
Voting: 8-0
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E, Oberndorf, Richard A, Maddox and Peter W. Schmidt
August 16, 2005
- 7 -
ORDINANCE
ADD-ON
ITEM # 54289
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance A UTHORIZING the City Manager to enter into an Option
Agreement for the potential acquisition from the Seasons at Birdneck Point,
L.L. C. (Near Post) of property located in the L ynnhaven District of Virginia
Beach, Virginia
Voting: 8-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Peter W Schmidt
August 16, 2005
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO ENTER INTO AN OPTION
3 AGREEMENT FOR THE POTENTIAL
4 ACQUISITION FROM THE SEASONS AT
5 BIRDNECK POINT, L.L.c. OF PROPERTY
6 LOCATED IN THE L YNNHA VEN DISTRICT OF
7 VIRGINIA BEACH, VIRGINIA
8
9 WHEREAS, The Seasons at Birdneck Point, L.L.C. ("Seasons") is owner of
10 approximately 6.1 acres of real property (the "Property") located in the Lynnhaven District of
11 Virginia Beach, Virginia (the "City");
12 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
13 public necessity exists for the potential acquisition of the Property for public purposes for the
14 preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the
15 people in the City of Virginia Beach;
16 WHEREAS, the City Council desires to enter into an Option Agreement granting the
1 7 City the right to purchase the Property; and
18 WHEREAS, the Commonwealth of Virginia has agreed to pay the option fee under
19 the Option Agreement and participate in 50% of the purchase price for the Property;
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA,
22
1.
That the City Manager or his designee is authorized to execute on behalf of
23 the City of Virginia Beach an Option Agreement for the potential purchase of the Property for
24 $15,000,000 in accordance with the terms contained in the Summary of Terms attached hereto as
25 Exhibit A.
26
2.
That the City Manager or his designee is authorized to execute all
27 documents that may be necessary and appropriate to implement the provisions of the Option
28 Agreement so long as such documents are acceptable to the City Manager and the City Attorney.
29
30
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day
31
of
,2005.
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CA-9738
August 16, 2005
APPROVED AS TO LEGAL SUFFICIENCY:
;;:l?~ ~
City Attorney
H:\Policy and Administration\GENERAL GOVERNMENT DIVISION - Team A\Ordinances & Resolutions Prepared
for Council\acquisition ordinance 2.doc
2
EXHIBIT A
SUMMARY OF TERMS - OPTION AGREEMENT
Option Period: Date of execution of agreement through November 10, 2005
Option Fee: $250,000.00 (to be applied to Purchase Price)
Purchase Price: $15,000,000.00
Notice of Exercise: Written notice at any time during the Option Period
Closing Date: No later than November 30, 2005
Contingencies After Exercise of Option: Title Objections only, otherwise purchased
AS-IS
- 8-
ADJOURNMENT
ITEM # 54290
Vice Mayor Louis R. Jones DECLARED the Special Formal City Council Session ADJOURNED at 4:32
P.M.
a~_.t2__~~_~!~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
Louis R. Jones
Vice Mayor
~~k:-
Ruth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
The NAVAL AIR STATION OCEANA - BRAC PRESS CONFERENCE and City Council Workshop
followed Adjournment of the Special Session.
August 16, 2005
-9-
NA VAL AIR STATION OCEAN A - BRAC PRESS CONFERENCE
Vice Mayor Louis R. Jones acknowledged the leadership and commitment of Mayor Oberndorf and City
Council, Governor Mark Warner, Senator John Warner, Senator George Allen, Congresswoman Thelma
Drake, as well as the City's General Assembly delegation toward protecting Naval Air Station Oceana.
Mayor Oberndorf and the Governor have been in daily contact with the City Council during the
development of today's announcement. Vice Mayor Jones read his statement into the record:
"Representing the Governor today are Chief of Staff, William Leighty, and
Assistant to the Governor, George Foresman. We would especially like to
thank Governor Warner and his stafffor joining the City of Virginia Beach
to create a partnership I will announce in a few moments. As you know, the
City adopted the Joint Land Use Study, which includes plans to acquire
land and development rights to minimize the encroachment ofNAS Oceana,
especially in the Inter-Facility Traffic Area between Oceana and Fentress.
Today, we are accelerating our plans and announcing a series of definitive
steps to prevent encroachment ofNAS Oceana, Today, we are announcing
a package of immediate actions totaling $182-MILLION to help keep the
base open, If you add to that the $385-MILLION the City has already
spent to minimize encroachment or enhance base accessibility, the total
package is a $567-MILLION commitment to keeping Oceana in Virginia
Beach.
In partnership with the State of Virginia, the City has taken an option to
purchase the Near Post development, a 5.9 acre site on Laskin Road,
rezoned in November 2003. Originally, this property could have been
developed as a 256-room hotel or motel, "By-Right", or an 85 unit condo
project with 86 hotel rooms, "By-Right ", without City Council approval,
Instead, the City Council approved a low density zoning and currently the
development includes 72 condo units. This development has become a
lightning rod for the Base Realignment and Closure Commission (BRAC)
as they determine whether to put NAS Oceana on the base closure list.
The City and State are taking this dramatic action today to demonstrate our
commitment to preventing encroachment of Oceana. Purchase details
include that we have entered into a $250,000 option until November 10th
to be paid by the State of Virginia and applied to the purchase price, The
$15-MILLION purchase price will be shared equally by the City and the
State of Virginia. If BRA C votes to close Oceana or substantially realign
it, we will not buy the property. The sale only goes through ifOceana stays
open. Any future use of the property will be in full compliance with the
Navy's OPNAV Instruction.
We are also pleased to announce today that the City has a signed contract
to purchase twenty-three (23) acres of land just outside NAS Oceana, the
Main Gate,from the Shreevesfamily for $1. I-MILLION The land would
be required for one of the northern interchanges of the Southeastern
Parkway and Greenbelt and is located in a greater than 75 dB Noise Zone.
August 16, 2005
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NAVAL AIR STATION OCEANA - BRAC PRESS CONFERENCE
In addition to these immediate steps, we are announcing today that the
City will begin a new long-term program to purchase land or development
rights from willing sellers in the critical area between Oceana and
Fentress and other AICUZ impacted parcels. The JLUS Acquisition Fund
will be created with an initial allocation, $4.4-MILLION, the equivalent of
one cent on the real estate tax rate, in the next fiscal year, with similar
funding annually in the future. Over the next twenty years, this program
should provide $161-MILLION to purchase or protect key parcels. Add
to that $5-MILLION already requested from the Federal Government to
purchase development rights in the Inter-Facility Traffic Area in the near
term.
In addition to these initiatives, the City has made significant progress over
the years and since the adoption of the JLUS Study to protect Oceana. We
have spent $202-MILLION to construct extensive roadway improvements
and providing access to the base, The City has also programmed an
additional $124-MILLION in the Capital Improvement Program for
several roadway projects near the base.
The City has spent $22.3-MILLION to purchase 7,000 acres under the
Agricultural Reserve Program, thus removing these parcels from
development. We have spent $15,54-MILLION to acquire 311 acres of
future right-ofway in Noise Zones greater than 65 dB, We have spent
$21,6-MILLION to relocate two elementary schools when High Noise
Zones were redefined. We have adopted sound attenuation measures in all
residential areas in Noise Zones greater than 65 dB. We have required
Noise Zone disclosure by Realtors for residential property in Noise Zones.
We have received General Assembly approval, so cities can require sound
attenuation for non-residential properties (AICUZ) Zones as of November .
Virginia Beach has created a procedure for the Navy to review and
comment on all development. We are developing an AICUZ Zoning
Overlay Ordinance to help prevent development not compatible with Navy
Instructions to be acted upon this Fall. We are working toward reducing
the development potential in the Resort Area by a substantial amount
through the JLUS Study. Today's new initiatives and our long history of
protecting Oceana demonstrates our commitment to keeping Oceana in
Virginia Beach as the Nation 's East Coast Master Jet Base.
I would be remiss if I didn't mention that the owner of the Near Post
property has been very gracious in the way he has dealt with the City on
the purchase of the property, and I think I should quote the comment that
the gentleman made when we were dealing with him. His comment was, "1
love my city and I'm going to do what I have to help save Oceana. "
I would now like to invite Congresswoman Thelma Drake and the
Governor's Chief of Staff, William Leighty, forward to make some
remarks. "
August 16, 2005
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NA VAL AIR STATION OCEANA - BRAC PRESS CONFERENCE
Vice Mayor Jones read the Mayor's statement:
"I am sorry that I am not able to be with you today on this momentous
occasion which further solidifies the City's commitment in maintaining
Naval Air Station Ocean a as the Premier East Coast Master Jet Base, As
Mayor and formerly as Vice-Mayor and Council Member, I have
consistently voted to represent the needs of the Navy and indeed all of the
Military in Hampton Roads. The latest action by City Council shows mine
and the entire Council's goal of keeping Oceana strong. Through regular
contact with the City Manager, Governor and our Congressional
Delegations, even as I am out of the country, I have been kept informed of
the proposed action by City Council and our growing partnership with the
Commonwealth. I am greatly indebted to Governor Warner, Senator
Warner, and his stafffor the leadership through this entire BRAC process,
Senator Allen and Congresswoman Drake, particularly, in developing this
proposal and keeping the sound offreedom strong. Ifirmly believe that our
combined efforts will be successful in the coming weeks, "
s/Mayor Meyera E. Oberndorf
THE PRESS CONFERENCE ADJOURNED AT 4:55 P.M. TO CONVENE INTO THE CITY COUNCIL
WORKSHOP.
August 16, 2005