No preview available
HomeMy WebLinkAboutJUNE 2, 1998 MINUTES City of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL GtNU' BEgC' J04aaas/t• y MAI OR MEI ERAS OBER.NDORF r . V, g4P^. VICE MAYOR WI MSE" F.S.JRJR.Ar WTI JIOHN A.BANM 1w W. V /I\ C INlVIL00 BP C I > WIWAM Y RRISON I _ HAROLD LIE OBER MRBARA M.HENIF I,I' a 10 LOUIS R.JONES.Pam/.PomugRw...xn 'o` A S MFUN.W,P.,n.m Aor It.apn /I ILI NANCY K,PARKER,Ar W.,e IUOIM M,SIRAYIIORN,KmpniU.A..# JAMES K SPORE Cc Murogo CITY COUNCIL AGENDA . ` <°� �'�;w;E LESLIE L ALLEY.Cl”Awrcy 11RCELL, _ .INIA J6+qu RA HOI SMITH,OMC.ME Om Clnt �'" w1.-Arra NES JUNE 2, 1998 I. CITY MANAGER'S BRIEFINGS - Conference Room- 11:30 AM A. CITY SPONSORSHIP POLICY G. Ronald Kuhlman, Director, Sales and Marketing Convention and Visitor Development B. VARIABLE MESSAGE SIGNS John W. Herzke, City Engineer C. GTE AMPHITHEATER TICKETING POLICY Mike Tabor, General Manager II. REVIEW OF AGENDA ITEMS IU. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend Sandra Benton Beech Grove and Bethel United Methodist Churches C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL& FORMAL SESSIONS - May 26, 1998 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. RESOLUTION 1. Resolution to approve issuance of Virginia Beach Development Authority's Industrial Revenue Bonds re acquisition and construction of a thrift store at 1813 Virginia Beach Boulevard (LYNNHAVEN BOROUGH) and capital improvements at the Shelter: JUDEO-CHRISTIAN OUTREACH CENTER, INC. $650,000 I. PUBLIC HEARING 1. TAX INCREMENT FINANCING- LYNNHAVEN MALL J. ORDINANCES 1. Ordinance to establish a Tax Increment Financing (TIF) District re improvement of the commercial area surrounding the Lynnhaven Mall Shopping Center; and, authorize the issuance of special limited obligations of the City secured by Tax Increment revenues derived from such district. 2. Ordinance to AMEND the 1997-1998 Capital Budget by establishing Marine Science Museum Phase III Master Plan (CIP #9-010) re evaluation of future potential for expansion; and, APPROPRIATE $100,000 from the General Fund Balance for this Plan. 3. Ordinance to ACCEPT and APPROPRIATE a$50,000 one-time surplus Grant from the Virginia Department of Criminal Justice Services (VJCCCA) through the Tidewater Regional Group Home Commission(TRGHC),to the FY 1997-1998 Operating Budget of the Pendleton Child Services Center re purchase of furniture, classroom electronic equipment, et cetera; and, increase estimated revenues accordingly. 4. Ordinance to AMEND the FY 1997-1998 Operating Budget by ACCEPTING: a. $32,848 Grant from the Federal Government(Substance Abuse FBG); b. $ 1,500 Mini-Grant from the Virginia Department of Motor Vehicles (DMV); APPROPRIATING the total amount of$34,348 to the Community Services Board re provision of substance abuse services to former Social Security Income recipients and additional training in the use of child safety restraint systems by the Department of Mental Health,Mental Retardation and Substance Abuse(MHMRSA);one(1)additional,full-time position as Part H program oversight and VBICC coordinator; and, increase estimated revenues accordingly. 5. Ordinance to appoint viewers in the petition of Rite-Aid of Virginia, Inc., on behalf of Stanley and Cecelia Yeskolske, for the closure of a portion of South Independence Boulevard at the Southeast intersection with Holland Road(KEMPSVILLE BOROUGH). 6. REFUNDS: Tax $4,022.05 License $4,202.63 K. UNFINISHED BUSINESS L. NEW BUSINESS 1. RECONSIDER Application of The Southland Corporation for a Modification to the Green Run Land Use Plan to allow gasoline sales in conjunction with a convenience store and a car wash at the Northeast corner of South Independence Boulevard and Lynnhaven Parkway, containing 2.414 acres(PRINCESS ANNE BOROUGH) (Denied 26 May 1998). Requested by Council Members Linwood O. Branch III and Louisa M. Strayhom M. ADJOURNMENT CITY COUNCIL CEREMONIAL OATH and REORGANIZATION Tuesday,July 7, 1998 - 2:00 PM City Council Chamber 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) • + s a • > > • 05/28/98cmd AGENDA\06-02-98.ITM ellIscHtie y ta t i li \t a 44v w MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 2, 1998 Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION in the Council Conference Room, City Hall Building, on June 2, 1998, at 11:30 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley,Louis R.Jones, Reba S.McClanan,Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: William W Harrison,Jr. -2- CITY MANAGER 'S BRIEFING GTE AMPHITHEATER TICKETING POLICY 11:30 A.M. ITEM#43607 Mike Tabor, General Manager, advised the GTE Amphitheater operates in the same manner as over 60 amphitheaters around the Country. The same policies and industry standards are in place as those in Walnut Creek in Raleigh, North Carolina, Starplex in Dallas, Texas, and Lakewood Amphitheater in Atlanta, Georgia. This venue was built as a commercial facility to generate additional revenues to the City, to increase the quality of life for the local residents through the presentation of these international touring artists and, hopefully, increase tourism especially in the shoulder seasons of May,September and October. Because of its nature,as being a commercial facility and not a public assembly facility,the private company, Cellar Door, with which Mike Tabor is employed manages the venue and is totally responsible both financially and operationally for the day-to-day operations including securing the acts which play the facility. Cellar Door must also assume the financial risks. There are three entities involved relative tickets going on sale: Cellar Door (GTE/Virginia Beach Amphitheater), Ticket Master (company contracted on a national basis to handle the distribution of tickets), and the artists. The method of sales for Ticket Master is a computerized ticketing network set up on a national computer scale. There are national, local and regional restrictions placed on these sales. Cellar Door has a negotiated contract with every artist which appears at the Amphitheater. This contract encompasses the salary of the artist, the number of tickets which can be held in reserve for all parties concerned, and the technical involvement of sound, lighting and staff personnel required for the concert. Ticket Master has no authority with regard to the ticket sales and is only a distribution network. The negotiation process for tickets is between the GTE Virginia Beach Amphitheater and the artists themselves. The sales distributions of the tickets encompasses three categories: Contractual obligations, purchase options,and complimentary tickets. Contractual obligations:Majority of tickets, which are on reserve for the artists. The record label represents the artists and uses these tickets for promotion within the local community with the record stores. These encompass Sponsorship obligations'contracts, season tickets, which are sold annually and guarantee a seat for every show and media obligations. Purchase Options: Contracts are negotiated with all 60 VIP box holders with an option to purchase additional tickets to the shows.In addition, the City of Virginia Beach and the Virginia Beach Development Authority also has purchase options. Cellar Door has purchase options for representatives within their industry,their staff and families,etcetera,and individuals who do business with Cellar Door. Complimentary Tickets: The bulk of these consist of marketing and promotional tickets, which are utilized as trade in advertising the shows in both the Hampton Roads market and regionally around the State. Tickets are also given as Charity,one of the biggest being Head Start. Over the last two years,approximately$20,000 worth of tickets has been donated to Head Start who receives matching dollars from the Federal Government. In general,on any given show, between 8%and 15%of the capacity of the GTE Amphitheater is held back for the purposes mentioned. The artists themselves do have final approval on the tickets that are held back The Amphitheater contracts with the artists and pays them on each event a guarantee versus a percentage of ticket sales, whichever is greater. In the scenario, Cellar Door bears the risk. In virtually all of the contracts, every artist will restrict Cellar Door to hold tickets in the first ten to fifteen rows. Cellar Door takes it a step forward. The Amphitheater does not hold any ticket within the first twenty-two rows from the stage, other than ten tickets in a 5-4-3-2-1 promotion. There are also nine handicapped seats held for those who require sign interpreters. This is a requirement of ADA. In the first twenty-two rows of tickets which go on sale to the public, nineteen of them are held back, representing a small minority of those tickets, which in the first twenty-two rows exceeds 1200. June 2, 1998 -3- CITY MANAGER 'S BRIEFING GTE AMPHITHEATER TICKETING POLICY ITEM#43607(Continued) Through the advancement of technology, tickets are made available everywhere throughout the Ticket Master network via outlets and 'phones. Ticket Master has 10 outlets within the City of Virginia Beach. In addition to those ten outlets,6 windows are opened at the Amphitheater Box Office. Thus,this equates to 16 outlets in the Virginia Beach area.Hampton Roads has an additional 22 outlets. Central Virginia has 38 outlets. Western Virginia has 12 outlets. Ticket Master Phones, which unfortunately becomes a major source of the problem, has anywhere from 60 to 140 operators at any one point in time selling tickets. Usually there is a minimum of 60 operators designated for the Amphitheater shows. Therefore, on any given day, there are 150 to over 200 points of sales for tickets. The regional primary market is from Richmond down through Hampton Roads to Northeastern North Carolina.In Western Virginia and the rest of the State of North Carolina there is on a 5-minute delay. These vicinities cannot sell tickets until 5 minutes has elapsed into the on-sale.Northern Virginia, the Washington,D.C.area and the Maryland area are on a ticket master franchise system which is totally separate from us. They do not have access to our tickets unless they drive to Richmond. Outside the State of Virginia,tickets cannot be purchased on the Ticket Master system until after tickets have gone on sale 1 hour. 1996; 75% of the total tickets were sold on the South Side, 14% were sold on the Peninsula. 89%of the ticket sales were sold in the Hampton Roads area. This is a very high percentage in most markets. 5%were sold in Richmond,2%in Northeastern North Carolina,1%in Western Virginia,2%all states north of Virginia and 1%North Carolina and states south of North Carolina. 1997: 86%of the ticket sales were in the Hampton Roads area: 70%on the South Side, 16%on the Peninsula. 5%were sold in Richmond 2%in Northeastern North Carolina, 2%in Western Virginia.3%in states north of Virginia. 2%in North Carolina and states south of North Carolina. The Amphitheater has scheduled 77 shows in over Iwo years. 65 artists have been presented at this amphitheater over the past 2 R years, only five of which have sold out the day the tickets went on sale. One of those five was the Elton John Concert this year. Because of economics, the Virginia Beach population by itself is not sufficient enough to support a 20,000 seat Amphitheater for 30 to 35 shows a year. Mr. Tabor cited the Dave Matthews Band as an example from the tourist aspect. Tickets were sold to this event in 36 states. Some of these artists attract more of a national audience. Scalpers are very innovative and they are in a constant battle with Cellar Door and Ticket Master. Ticket Master actually caught one of these individuals as they can be traced through credit cards.It is very difficult, as you do not see a face on the phone. Some of these scalpers have been caught at the Amphitheater Box Office.In the first two years, Cellar Door bought quite a few tickets from scalpers to determine where they were originating.A Roanoke outlet was identified. Sheriff Deputies are positioned in front of the box office at the Amphitheater during sold out shows to monitor anyone selling tickets. Reports were received relative individuals on Princess Anne Road trying to sell tickets. The police were advised. Mayor Oberndorf extended appreciation for the professional and in depth explanation. City Council requested this Briefing be rebroadcast as public information on the City Channel more often than the usual three times for City Council meetings. Councilman Harrison DISCLOSED and ABSTAINED pursuant to Section 2.1-639.14(E),Code of Virginia, He is a partner in the lawfirm of Willcox&Savage,P.C. and has personally provided legal services to Mr. A. William Reid,former President of Cellar Door Productions of Virginia,Inc., in actions involving Cellar Door and his firm continues to represent him in these actions. The City Attorney has advised him that, because Mr. Reid would realize a reasonably foreseeable direct or indirect benefit or detriment as a result of any action taken by City Council with respect to transactions which involve Cellar Door, he has a personal interest in such transactions and, therefore, is disqualified from participating in Council' s discussion or consideration of the transactions. Councilman Harrison's letter of June 2, 1998, is hereby made a part of the record. June 2, 1998 ‘14tA'BE4 s City of Virginia Beach E : - 7 c {.-V° OUR NNOPSS WILLIAM W.HARRISON,JR. 2088 THOMAS BISHOP LANE COUNCILMAN-LVNNHAVEN BOROUGH VIRGINIA BEACH,VIRGINIA 2045E 1804)6285565 June 2, 1998 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia Dear Mrs. Smith: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.1-639.14(E), Code of Virginia, I make the following disclosure: 1. The transactions for which I am executing this written disclosure are matters to be discussed or considered by City Council which involve Cellar Door Productions of Virginia, Inc. or Cellar Door Venues, Inc. (hereinafter collectively referred to as "Cellar Door"). 2. The nature of my personal interest in such transactions is that I am a partner in the law firm of Willcox & Savage, P.C., that I have personally provided legal services to Mr. A. William Reid, former President of Cellar Door Productions of Virginia, Inc., in actions involving Cellar Door, and that my firm continues to represent him in these actions. 3. The City Attorney has advised me that,because Mr. Reid could realize a reasonably foreseeable direct or indirect benefit or detriment as a result of any action taken by City Council with respect to transactions which involve Cellar Door, I have a personal interest in such transactions and, therefore, am disqualified from participating in Council's discussion or consideration of the transactions. Mrs. Ruth Hodges Smith, CMC/AAE 2 June 2, 1998 Accordingly, I respectfully request that you record this written disclosure in the official records of the City Council. Thank you for your assistance and cooperation in this matter. Sincerely, William W. Harrison, Jr. Councilmember W WH/leb Enclosure - 4- CITY MANAGER 'S BRIEFING CITY SPONSORSHIP POLICY 12:22 P.M. ITEM#43608 Ron Kuhlman, Director of Marketing& Sales, Convention and Visitor Development, advised the purpose of today's Briefing is to respond to questions of City Council during the Municipal Sponsorship Briefing on March 3, 1998, City Council Session and to review proposed sponsorship policy guidelines. Four alternative courses of action to the sponsorship issue were discussed: The first alternative is to not allow Municipal Sponsorship activities within the City. 2. A second alternative is to maintain the status quo. Currently sponsorship activities are conducted on a case-by-case, department-by-department, basis without formal guidelines or City Council adopted policy. 3. A third alternative of coordinating sponsorship involves taking the City's current activities to a higher level. With this alternative, a sponsorship policy, based on the City's values and on input from other municipalities, is established. This policy serves as the City's "game plan"and is used by all departments interested in sponsorship opportunities. The sponsorship policies are overseen by a citywide coordinator and an interdepartmental sponsorship committee, with representation from legal,purchasing and those departments that are major sponsorship stakeholders. The coordinator, committee and departmental sponsorship representatives create and pitch packages to potential sponsors. The legal department reviews the contracts and the City department,with whom the City sponsor has reached an agreement,fulfills the contractual obligations. The City coordinator and the committee oversees all City departments'efforts as well as serve as the point of contact for agencies or corporations that wish to submit sponsor proposals to the City. 4. Another alternative to this issue involves writing and issuing an RFP for a third party sponsorship agency to solicit sponsorships on behalf of Virginia Beach. In this scenario, the agency creates packages, solicits sponsors and puts the potential sponsor at the negotiating table with City staff. Compensation to a third party agency would be in the form of commissions on the amount of sponsorship revenue received by the City. City staff recommended that the current, informal handling of this issue be upgraded to a more formalized approach..: Several questions were asked by City Council at the March 3, 1998,Briefing,relative the recommendation. How are Sponsorship Funds to be Allocated? It was the recommendation of staff that sponsorship cash income be allocated to the department where the sponsorship agreement originates. This recommendation would apply to situations where the department sponsorship is solicited for a specific departmental program or event. Iffa department is successful in growing the sponsorship opportunity to cover multiple departments, then the affected departments would share that sponsorship income. When a department, or the City Sponsorship Coordinator, is successful in generating a City-wide sponsorship a determination whether to allocate this revenue to the general find or to specific program or service would need to be made through staff recommendation. In-kind sponsorship goods and services would be allocated in the same manner as cash income as indicated above. June 2, 1998 -5- CITY MANAGER 'S BRIEFING CITY SPONSORSHIP POLICY ITEM#43608(Continued) What do our Citizens think about City Sponsorships? At the suggestion of City Council, Virginia Beach residents were surveyed to identfy their opinions about using sponsorships as a source of revenue for Virginia Beach.A question was drafted by Continental Research based on information they received from City staff During the survey only heads of households over the age of 19 were included and a total of300 surveys were completed. The vast majority(88.7%)of the respondents thought the City needed to find new sources of revenue to avoid raising taxes and 89% of the respondents were in favor of the City having sponsors for facilities and events. A copy of the survey is hereby made a part of the record. What types of products are available for sponsorships? A list of sponsorship categories developed by the International Events Group (IEG), based in Chicago, Illinois, provides the response to this question. Products on the list marked with an asterisk indicate a product category for which further discussion would be required according to the suggested sponsorship guidelines. Aerospace&Defense Media&Publishing Apparel Medical Apparel-Athletic Metals and Mining Automotive-Aftermarket Office Equipment/Supplies Automotive-Cars&Trucks Personal Care Automotive-Motorcycles Pet Food/Supplies Beverages-Beer* Pharmaceutical* Beverages-Coffee&Tea Photo Supplies/Services Beverages-Juice&Drink Mix Restaurant Beverages-Soft Drinks Restaurant-Quick Service Beverages-Wine* Retail-Appliance/Electronic Building&Home Improvement Retail-Auto Parts Chemicals Retail-Convenience Store Cleaning Products Retail-department Store Computer&Info Systems Retail Drug Store&Pharmacy Consumer Electronics Retail-Hardware Entertainment Retail-Mass Merchandiser Financial Services Retail-Sporting goods Financial Services-Bank Retail-Supermarket Financial Service Brokerage Services-General Financial Services-Credit Card Sporting&Recreational Equipment Financial Services-Insurance Sunglasses Food Telecommunications Food-Candy Telecommunications-Cellular Food-Cereal Telecommunications-Long Distance Food-Dairy Tobacco* Food-Meat Toys&Games&Collectable Food-Snacks Travel-Airline Fuel Travel-Cruise Line Heavy Equipment Travel-Hotel&Resort* Home Furnishings Travel Rental Car Household Goods Utilities&Power Lighting Equipment Watches&Jewelry Lottery& Gaming* Lumber&Paper Products What Types of Exclusive or Official Sponsorships are available? Opportunities for "exclusive"partnerships exist, but are not limited, to products sold in City vending machines, City recreation centers and City sponsored events. "Official Product" status for sun care products, photographic film,and credit cards and sporting goods products could also be negotiated. June 2, 1998 - 6- CITY MANAGER 'S BRIEFING CITY SPONSORSHIP POLICY ITEM#43608(Continued) What are the Comparative Costs for City Staff versus a contracted sponsorship firm? Staff and City Council have discussed the pros and cons of City Staff assuming the responsibility of soliciting sponsorships versus the use of a contracted third party sponsorship firm. From a cost standpoint the duties of the recommended staff City Sponsorship Coordinator position can be utilized with no increase in staff or payroll. The process would involve the support of a Sponsored Executive Committee (SEC) comprised of City Staff and a Sponsorship Input Committee(SIC) comprised of City staff and a broad based group of citizen stakeholders. The City staff group (SEC) would be responsible for recommending sponsorship policy to the City Manager and to City Council . The community based group (SIC) would be responsible for operational oversight of the overall program. Descriptions of all three entities are an integral part of the draft "Guidelines to Municipal Sponsorship Opportunities". With this option, the City has the opportunity to accept a variety of sponsorship proposals from multiple sponsorship firms. Sponsorship firms are compensated in a variety of plans including: a combination of a monthly retainer and commission,straight commission, or graduated commission scale based on volume or a combination of the above. Monthly retainers are usually applicable in the case of an exclusive relationship between the sponsorship firm and their client The retainer plan compensates the sponsorship for the time spent in developing sponsorship income and to cover some operational expenses.In the case of straight commission, the City incurs no costs until a sponsorship is sold.In the case of a retainer, the City incurs up front and continuing expense in the amount negotiated by both parties. The City staff recommended the City Sponsorship Coordinator option avoids up front expenses and the inflexibility created by being locked in with one sponsorship firm. What about"Title Rights"Sponsorships? "Title Rights"are sponsorships similar to the GTE title on the Virginia Beach Amphitheater and could be considered for a variety of City owned facilities including The Virginia Beach Sportsplex Multi Purpose Stadium, City owned Oceanfront Parks and City owned recreation facilities such as a new softball complex. These are actually longer term contracts that have strong public policy considerations and should be approved by City Council. What Is the Approval Process for City Sponsorships? City staff recommends that the Sponsorship Executive Committee develop threshold guidelines for staff approval of sponsorship agreements. In general, routine sponsorship agreements would go through an approval process through the City Sponsorship Coordinator. It is felt that City Council should be consulted on agreements of$100,000 or more, and/or sponsorships involving 'title rights" or as otherwise directed by City Council. Where do we go from here? City staff is requesting City Council direct the City Manager to formalize the Guidelines for Municipal Sponsorship Opportunities,to establish the working sponsorship committees (as outlined above and in the draft guidelines)and to proceed to solicit sponsorship opportunities on behalf of the City of Virginia Beach. June 2, 1998 _ 7_ CITY MANAGER 'S BRIEFING CITY SPONSORSHIP POLICY ITEM#43608(Continued) As a member of theInternational Events Group, the City can distribute the criteria and type of sponsorship desired to a number of firms. City Council expressed concern relative only agreements of$100,000 or more shall be considered by City Council. They believed this amount should be reduced. Guidelines for signs, banners, et cetera should be addressed more specifically. City Staff shall provide information relative the amount of funds to be generated by these sponsorships. This item will be further addressed by the City Council June 16, 1998, at their Workshop Session. June 2, 1998 - 8- CITY MANAGER 'S BRIEFING VARIABLE MESSAGE SIGNS ITEM#43609 BY CONSENSUS, the Briefing relative VARIABLE MESSAGE SIGNS shall be RESCHEDULED to the City Council Session of June 9, 1998. June 2, 1998 - 9- AGENDA REVIEW SESSION 1:09 P.M. ITEM#43610 11. Ordinance to establish a Tax Increment Financing(TIF) District re improvement of the commercial area surrounding the Lynnhaven Mall Shopping Center;and, authorize the issuance of special limited obligations of the City secured by Tax Increment revenues derived from such district. Councilman Harrison expressed concern relative Paragraph 6 of the Lynnhaven Mall TIF, which refers to the City's obligations. These are clearly defined as the repayment of up to $18,250,000; subject to the Memorandum of Understanding with respect to the project now being negotiated by the City with Knickerbocker Properties, Incorporated III, and any related or amending or replacement documents. Councilman Harrison cannot concur with this broad authorization for a Memorandum of Understanding that is in negotiation and not finalized. The City Manager advised the Agreement would be subject to a separate City Council review and vote,which will occur on June 23. 1998. This Ordinance shall be AMENDED with the verbiage: "...,which Memorandum of Understanding shall be presented to City Council for approval prior to its execution by the City." This verbiage shall be added after the words "any related or amending or replacement documents"on line 70. ITEM#43611 J.2. Ordinance to AMEND the 1997-1998 Capital Budget by establishing Marine Science Museum Phase III Master Plan (CIP #9-010) re evaluation of future potential for expansion; and, APPROPRIATE $100,000 from the General Fund Balance for this Plan. Council Lady Henley did not have a problem with the allocation for the VMSM Master Plan, but expressed concern relative this being the MAPS program initiative contained within the Agenda Request. Councilman Heischober believes the purpose of the request is to examine the expansion ofparking.He did not understand why the City must expand $100,000 for something which the City Council is aware has to be done. A preferable method might be for staff to identify all potential parking expansion locations and bring this forward to City Council in the form of a map and then the Mayor and City Council could appoint a Committee to review those specific areas. The question should be split relative the parking and the expansion. The City Manager advised the parking is the most immediate problem, but the real purpose is to determine the long range direction of the Virginia Marine Science Museum, PhaseIII. The City Manager advised this is an estimated amount and the bulk of the $100,000 is for consulting services, which would be selected on the basis of a competitive process. Mayor Oberndorf inquired if a specific contract could be written for the RFP. This item will be DEFERRED until the City Council Session of June 9,1998,for the additional information to be provided. Reference to the Hampton Roads Partnership "reviewing a number ofproject possibilities with the prospect of providing regional support for their future development"shall be deleted from the agenda request and the reference to this contained in the Ordinance. June 2, 1998 - 10- AGENDA REVIEW SESSION ITEM#43612 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES 11. Ordinance to establish a Tax Increment Financing(TIF) District re improvement of the commercial area surrounding the Lynnhaven Mall Shopping Center;and, authorize the issuance of special limited obligations of the City secured by Tax Increment revenues derived from such district. J2. Ordinance to AMEND the 1997-1998 Capital Budget by establishing Marine Science Museum Phase III Master Plan (CIP #9-010) re evaluation of future potential for expansion; and, APPROPRIATE $100,000 from the General Fund Balance for this Plan. £3. Ordinance to ACCEPT and APPROPRIATE a $50,000 one-time surplus Grant from the Virginia Department of Criminal Justice Services (VJCCCA) through the Tidewater Regional Group Home Commission(TRGHC), to the FY 1997-1998 Operating Budget of the Pendleton Child Services Center repurchase offurniture,classroom electronic equipment, et cetera; and, increase estimated revenues accordingly. £4 Ordinance to AMEND the FY 1997-1998 Operating Budget by ACCEPTING: a. $32,848 Grant from the Federal Government(Substance Abuse FBG); b. $ 1,500 Mini-Grant from the Virginia Department of Motor Vehicles(DMV); APPROPRIATING the total amount of$34,348 to the Community Services Board re provision of substance abuse services to former Social Security Income recipients and additional training in the use of child safety restraint systems by the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA); one (1) additional,full-time position as Part Hprogram oversight and VBICC coordinator;and,increase estimated revenues accordingly. J.S. Ordinance to appoint viewers in the petition of Rite-Aid of Virginia,Inc.,on behalf of Stanley and Cecelia Yeskolske, for the closure of a portion of South Independence Boulevard at the Southeast intersection with Holland Road(KEMPSVILLE BOROUGH). £6 REFUNDS: Tax $4,022.05 License $4,202.63 *Item J. 1 will be ADOPTED,AS AMENDED,BY CONSENT **Item 1 2 will be DEFERRED,BY CONSENT, until the City Council Session of June 9, 1998. June 2, 1998 - 11 - CITYCOUNCIL CONCERNS 1:20 P.M. ITEM#43613 Mayor Oberndorf and Councilman Harrison requested Robert J. Scott, Director of Planning, present present information relative the B-4 and R-5R Zoning on Shore Drive under NEW BUSINESS. Correspondence has been received requesting a Moratorium on new construction on Shore Drive. Assistant City Attorney Gary Fentress advised a Moratorium would not be appropriate.However,when the City Council when considers a Conditional Use Permit or Change of Zoning which would involve a legislative determination whether or not the City Council is going to approve same,final action can be DEFERRED until the City Council is satisfied the types of information are available to make a determination. If a study is underway and a date determined to receive the recommendations of that study, then it would be in conformity with all applicable laws to act in the Council's legislative capacity to defer the application pending the results of that study. It would be improper and unlawfulfor the City Council to adopt a Moratorium on Shore Drive when the zoning is in place. When the zoning is in place, it is simply an administrative task to determine whether or not a Plan of Development satisfies all development regulations. ITEM#43614 Council Lady Parker referenced the Hampton Roads Soccer Complex and the status of the berm and parking lot problem: Ordinance to establish Princess Anne Park/Soccer Complex as CIP #4- 011;transfer$335,000 from CIP#4-935 Princess Anne Park Expansion- Phased Improvements (partial) re site improvements (screening and noise/dust reduction).ADOPTED:February 10, 1998. Mrs. Parker was advised this project still has not commenced. The City Manager advised an encroachment situation exists and until the property owners will allow the City to remove the fence and shed,the landscaping can not be installed. The weather has also delayed the project. The problem cannot be solved until cooperation is received from the people involved. Council Lady Henley advised receiving calls of concern. The complex is being utilized week day nights, as well as weekends and the folks have their cars parked in their backyards continuously. Now, the planting on the berm will not occur until the Fall. Information shall be presented during the FORMAL SESSION under NEW BUSINESS. ITEM#43615 Council Lady Henley advised if Tax Increment Financing is to be utilized at Sandbridge and the TIF is used as an income source for future projects, the City Council needs to be assured the base year is before the projects have increased in value. Council Lady Henley requested a report be SCHEDULED for the City Council Session of June 9, 1998. June 2, 1998 - 12- CITY COUNCIL CONCERNS ITEM#43616 The City Manager referenced his correspondence concerning the Corps of Engineers Project relative the Elizabeth River Environmental Restoration Study. A Briefing was presented on September 3, 1997. This study effort commenced with full federal funding and letters of support form the Commonwealth and the cities of Chesapeake, Norfolk, Portsmouth and Virginia Beach. The Corps and its Project Steering Committee have been meeting on a regular basis to clarify the scope of the Feasibility Phase of the study effort. Clay Bernick of the Planning Department has been the City's representative to the Project Steering Committee. Additionally, Vanessa Valldejuli of the City Attorney's Office has been involved in reviewing the proposed Federal Cost Sharing Agreement to ensure that is legally sufficient to meet City requirements. Clay Bernick,advised relative the Elizabeth River Environmental Restoration Study, the costs estimated for Virginia Beach's share amount to approximately 28%of the total cost. The City has approximately 6% of the watershed. It is anticipated that Virginia Beach's share for the next three fiscal years would amount to a cash contribution of less than$11,200 per year. Once the respective legal counsels for the four cities and the Commonwealth are able to negotiate a final draft of the Federal Cost Sharing Agreement with the Crops, the matter will be scheduled for City Council Action. Each of the parties to the Federal Cost Sharing Agreement and the PSP are in the process ofhaving these documents reviewed by their respective legal staffs to conclude this phase of the effort and sign an agreement. The City is in active negotiation with the Corps concerning the Federal Cost Sharing Agreement. The Mayor will be participating in a signing ceremony, which has been tentatively scheduled by Colonel Reardon at Fort Norfolk this Friday,June Fifth at Noon. The City would only be participating in this event should City Council concur and the signing would only be ceremonial in nature as action on the final agreement, the PSP and funding formula would still require City Council's approval. BY CONSENSUS, City Council concurred with the Mayor participating in the signing ceremony on June Filth. June 1, 1998 - 13- ITEM#43617 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, June 2, 1998, at 1:37 P.M. Council Members Present: John A. Baum,Linwood O. Branch, III, William W.Harrison,Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None June 2, 1998 - 14- ITEM#43618 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION,pursuant to Section 2.1-344, Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion,performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344(A) (I). To Wit: Performance Evaluation: City Council Appointees 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 2.1-344(A)(3). To-Wit: 31 Street Properly Rudee Loop Property Acquisition of Right-of-Way-Southeastern Parkway and Greenbelt LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: City of Virginia Beach v M& G Associates Upon motion by Councilman Baum, seconded by Councilman Branch, City Council voted to proceed into EXECUTIVE SESSION. Voting: I1-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch,III, William W. Harrison,Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None June 2, 1998 - 15- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 2, 1998 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, May 12, 1998, at 2:00 P.M Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison,Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms,Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: The Reverend Sandra Benton Beech Grove and Bethel United Methodist Churches PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia 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 art officer of Wachovia Bank. 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 1, 1998, is hereby made a part of the record. June 2, 1998 - 16- Item V-E. CERTIFICAHON OF EXECUTIVE SESSION ITEM#43619 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum,Linwood O. Branch,III, William W. Harrison,Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms,Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 2, 1998 a Li % s L e s i qql o O, OUR WN,pd`F ittnuitutiun CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM#43618, Page 14, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. i Roth Hodges 'mith, CMC/AAE City Clerk June 2, 1998 - 17- Item V-F.I. MINUTES ITEM#43620 Upon motion by Vice Mayor Sessoms,seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 26, 1998. Voting: 11-0 Council Members Voting Aye: John A. Baum,Linwood O. Branch, III, William W.Harrison,Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera K Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms,Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Norte June 2, 1998 - 18- Item V-al. ADOPT AGENDA FOR FORMAL SESSION ITEM it 43621 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 2, 1998 - 19- Rem V-G.2. INTRODUCTION ITEM#43622 Mayor Oberndorf recognized Dan Ryan, Chief Chamberlain to King Neptune and the artist Rick Romano. Mr. Ryan introduced: KING NEPTUNE KW Joe Gianascoli The Mayor and each Member of City Council were presented the Neptune Festival Poster by Rick Romano with the theme of the Cape Henry lighthouses. The plaque inscribed on the bottom of the framed poster stated; "In Recognition of the City of Virginia Beach's Thirty-fifth Anniversary presented by the Neptune Festival celebrating their Twenty-fifth". June 2, 1998 -20- Item V-11.1.. RESOLUTIONS ITEM#43623 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Resolution to approve issuance of Virginia Beach Development Authority's Industrial Revenue Bonds re acquisition and construction of a thrift store at 1813 Virginia Beach Boulevard (LYNNHAVEN BOROUGH) and capital improvements at the Shelter: JUDEO-CHRISTIAN OUTREACH CENTER, INC. $650,000 Voting: 11-0 Council Members Voting Aye: John A. Baum,Linwood O.Branch,III, William W Harrison,Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms,Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None June 2, 1998 RESOLUTION OF CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA APPROVING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR JUDEO-CHRISTIAN OUTREACH CENTER, INC. WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plan of finance of Judeo-Christian Outreach Center, Inc. (the "Company"), whose principal place of business is 1053 Virginia Beach Boulevard, Virginia Beach, Virginia (the "Shelter") for the issuance by the Authority of its revenue bonds (the "Bonds") in an amount not to exceed $650,000 to assist the Company in (a) the acquisition and construction of an approximately 9,600 square foot thrift store (the "Project") to be located on an approximately 1-acre parcel located at 1813 Virginia Beach Boulevard, Virginia Beach, Virginia, (b) refinancing capital improvements (the "Improvements") at the Shelter, and (c) paying costs associated with the issuance of the Bonds; and WHEREAS, the Authority has held a public hearing with respect to the Project and the Improvements on April 21, 1998, and has adopted an inducement resolution with respect thereto; and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), provides that the highest elected governmental officials of the governmental unit having jurisdiction over the issuer of private activity bonds shall approve the issuance of such bonds; and WHEREAS, the Authority issues its Bonds on behalf of the City and the members of the City Council of the City (the "Council") constitute the highest elected governmental officials of the City; and WHEREAS, Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"), provides that the Council shall, within sixty (60) calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a statement in the form prescribed by Section 15.2-4907 of the Virginia Code have been filed with the Council, together with the Authority's recommendation that the Council approve the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the first preamble to this resolution are hereby adopted as a part of this resolution. 2. The City Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the Authority for the purposes stated herein, such approval being given to the extent required by the Code and Section 15.2-4906 of the Virginia Code. 3. The approval of the issuance of the Bonds, as required by the Code and the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Company and, as required by Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), 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 monies pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City or the Authority shall be pledged thereto. 4. This resolution shall effect immediately upon its adoption. A copy testes ADOPTED: June 2, 1998 City Clerk, City of Virginia Beach, Virginia 0471553.01 APPROVED AS TO • LEGAL SUFFICIENCY • • 2 VIRGINIA BEACH Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757)437-6464 FAX (757)499-9894 F. Dudley Fulton, Chair Stephen W. Burke, Vice-Chair W. Brantley Basnight III,Secretary David A.King,Jr„Assistant Secretary Kenneth D. Barefoot, Treasurer Elizabeth A. "Betsy" Duke Kenneth F. Palmer May 19, 1998 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach,VA 23456 Re: Judeo-Christian Outreach Center, Inc., a Virginia corporation Industrial Development Revenue Bonds Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with a project for Judeo-Christian Outreach Center, Inc. whose principal place of business is 1053 Virginia Beach Boulevard in 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 Exhibit 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 modification of the bonds described above is attached as Exhibit E . The Honorable Meyera E. Oberndorf, Mayor May 19, 1998 Members of City Council Page 2 (4) The Fiscal Impact Statement is attached as Exhibit F. (5) Attached as Exhibit G is a summary sheet setting forth the type of issue,and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the Project. Very truly yo .. r apud Imo.. 4 ley Ful n Chair FDF/GLF/rab Enclosures THE VIRGINIAN-PILOT STATEMENT NO. PAGE INVOICE DATE 157 1 04/19/98 Eyrllg h A BILLED ACCTS AD NUMBER INVC NUMBER 029325402 46860070 215580001 BILLED ACCOUNT KAUFMAN 8 CANOLES PLEASE EENTER MENTUBELOOW SUITE 2000 ONE COMMERCIAL PLACE NORFOLK, VA 23510 ISSUE EDITION INVC NBR DESCRIPTION SIZE GROSS ANT. 04/07/98 FULL 215580001 JUDEO-CHRISTIAN 2 X 0037 213.86 04/14/98 FULL 215580002 JUOEO-CHRISTIAN 2X 0037 213.86 TOTAL 427.72 N011a Of PUBLIC Hums •• ON MOMS=SONO RNYIONO Ice an Of MAMMA OMOI CggeOMaNN AUOIONn POt➢Io*o.oIm In OURYd COMA INC. 40�4 Is hereby given that the City of Virginia BUN Dovelosnmenf Authptty (whose office address is One Columbus Center, Suite 300,Virginia Beach,Virginia 23462,will hold a public hearingon •mlan of watistian nie,Inc. he Virginia m'parNlwhose principal place of business is Company),5 Virginia Beach Boulevard.Virginia Beach,Virginia.for the issuance of the City of Virginia Beach Development ANMviNs Revenue Bonds In an amount not to exceed §650,000 lar to assist the Company In the acquisition and construction of an approximately 9,600 square foot thrift store facility to be located on an approxi- mate o VirginaFBelocatedcrin1a, Virginia Boulevard improve. merits is at Me Company's shelter located at 1053 Virginia Beach associ- atedBoulwith McBssiinia ssuance of the Mia nds.The proposed faci(c1 to finance lity will be owned by the Company and the shelter is owned by the Company. The public hearing,which may be continued or adloumed,will be held at 8:30 a m.on April 21, 1998,before the Authority at its office.The bonds will not pledge the credit or taxing Power of Me City of Virginia Beach,Virginia.or the Authority but will be payable solely from ohendo`olAny ofh▪ n the revenues the location naturethe prorated facility may appear and be heard.A copy M the Compa- ANnor n[action to Me AuMMty, together with the form of the le M open for inspectiing onatresolution Authority's totices dureto ring burill be ns hours on or after April 15, 1998. CITY OF VIRGINIA BEACH VP April 7 and April 14, 1998 DEVELOPMENT AUTHORITY State of Virginia AFFIDAVIT City of Norfolk This day D. Johnson personally appeared before me and after being duly sworn made oath that: (1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark Communications Inc. , in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed at JUDEO-CHRISTIAN has been published in said newspaper during the following dates: 04/07/98 - 04/14/98 cc . Affiant Subscribed and sworn to before ma in my city and state aforesaid this 19TH day of APRIL 1998 p Q My commission expires OCTOBER 31,2000 �J Notary Public EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (JUDEO-CHRISTIAN OUTREACH CENTER INC. PROJECT) At 8:30 a.m. on April 21, 1998, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Judeo-Christian Outreach Center, Inc., a Virginia corporation (the "Applicant"), and that a notice of public hearing was published once a week for two consecutive weeks in The Virginian-Pilot, the second publication being not less than six (6) days nor 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 Authority and will be provided to the Clerk of the City Council of the City of Virginia Beach. The following individuals appeared and addressed the Authority: Mr. George Consolvo appeared on behalf of the Applicant. Mr. Consolvo described the project as the financing of a thrift store facility and the refinance of capital improvements at the Applicant's shelter in the City of Virginia Beach (the "City"). He explained that the new facility will be located at 1813 Virginia Beach Boulevard and that approximately 6 new jobs would be created as a result of the development of the new facility. He explained that the proposed issuance of up to $650,000 of revenue bonds (the "Bonds") for the facilities will provide needed funds for the new facility's development and the existing facility's maintenance at attractive interest rates, the debt service savings caused thereby constituting a significant inducement to the Applicant proceeding with the new facility at this time. Mr. Consolvo further added that it is necessary that the Authority hold a public hearing and that the issuance of the Bonds be approved by the City Council of the City of Virginia Beach in accordance with both federal and Virginia law. Mr. Consolvo closed his remarks by noting that the development of a new facility in the City will increase employment within the City, expand the City's tax base and provide job training opportunities and therefore serve a significant public purpose. Mrs. E. Chapman appeared to oppose the application on the grounds that the Applicant's facilities are a public nuisance. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds and hereby transmits the Fiscal Impact Statement with respect to the Bonds to the City Council of the City of Virginia Beach and asks that this recommendation be received at the Council's next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 0471545.01 EXHIBIT C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plan of finance of Judeo-Christian Outreach Center, Inc. (the "Company"), whose principal place of business is 1053 Virginia Beach Boulevard, Virginia Beach, Virginia (the "Shelter") for the issuance by the Authority of its revenue bonds (the "Bonds") in an amount not to exceed $650,000 to assist the Company in (a) the acquisition and construction of an approximately 9,600 square foot thrift store (the "Project")to be located on an approximately 1-acre parcel located at 1813 Virginia Beach Boulevard, Virginia Beach, Virginia, (b) refinancing capital improvements (the "Improvements") at the Shelter, and (c) paying costs associated with the issuance of the Bonds; and WHEREAS, the Company in its appearance before the Authority has requested the Authority to agree to issue the Bonds under Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), to finance the Project and refinance the Improvements as described above; and WHEREAS, a public hearing as required by the Act and the Internal Revenue Code of 1986, as amended (the "Code"), has been held by the Authority at this meeting; BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The recitals made in the preambles to this resolution are hereby adopted as a part of this resolution. 2. It is hereby found and determined that the issuance of the Bonds for the Project and the Improvements will promote economic development in the City of Virginia Beach, Virginia (the "City"), benefit the inhabitants of the City, increase their commerce, and promote their safety, health, welfare, convenience and prosperity. 3. To induce and assist the Company to finance the Project and refinance the Improvements, the Authority hereby agrees to undertake the issuance of the Bonds in an amount not to exceed $650,000 upon terms and conditions to be mutually agreed upon between the Authority, the Company and the purchaser of the Bonds to be selected by the Authority upon the advice of the Company (the "Lender"). The Bonds shall be issued in form and pursuant to terms to be set by the Lender and the Authority and approved by the Company, and the payment of the Bonds shall be secured by such collateral as may be approved by the Authority. Principal of and premium, if any, and interest on the Bonds shall be limited obligations of the Authority payable solely from the revenues and receipts derived by the Authority from the Company. The principal of and premium, if any, and interest on the Bonds shall not be deemed to constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority and the City, shall be obligated to pay the principal of or premium, if any, or interest on the Bonds or other costs incident thereto except from revenues and receipts derived by the Authority from the Company, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City, will be pledged to the payment for principal of or premium, if any, or interest on the Bonds or other costs incident thereto. No covenant, condition or agreement contained in the Bonds or in any financing instrument executed and delivered in connection therewith shall be deemed to be a covenant, agreement or obligation of any past, present or future commissioner, officer, employee or agent of the Authority in his individual capacity, and no officer of the Authority executing the Bonds or any other financing document or instrument shall be liable personally thereon or subject to any personal liability or accountability by reason of the issuance or execution thereof. 4. The Authority hereby recommends and requests that the City Council of the City of Virginia Beach (the "Council") approve the issuance of the Bonds in accordance with the Act and the Code. The Authority hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by § 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting pursuant to § 15.2-4906 of the Virginia Code, and a copy of this resolution. 5. It having been represented to the Authority that it is necessary to proceed immediately with the Project, the Authority agrees that the Company may proceed with plans for the Project, enter into contracts for acquisition and construction 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 monies or the performance of any acts in connection with the Project. The Authority hereby agrees that the Company may be reimbursed from the proceeds of the Bonds for all costs so expended prior to the issuance of the Bonds together with costs previously expended by the Company within sixty (60) days prior to the date of this resolution with respect to the planning and development of the Project (the "Expenditures"). The Authority reasonably expects to reimburse the Company up to $150,000 for Expenditures with the proceeds of the Bonds. The declaration and expectation stated in this section are intended to be evidence of official intent within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Code. Each Expenditure will be, unless otherwise approved by Bond Counsel, (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, or (c) a nonrecurring item that is not customarily payable from current revenues. The Authority intends to make a reimbursement allocation, which is a written allocation by the Authority that evidences the Authority's use of proceeds of the Bonds to reimburse an Expenditure upon written request of the Company no later than eighteen (18) months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three (3) years after the date on which the Expenditure is paid. The Authority recognizes that exceptions are available for certain "preliminary expenditures," cost of issuance, certain de minimus amounts, expenditures by "'small issuers" (based on the year of issuance and not the year of expenditure), and expenditures for construction projects of at least five(5)years. 2 6. The Authority hereby agrees that Kaufinan& Canoles, P.C., be appointed as Bond Counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 7. All costs and expenses in connection with the financing plan, including the fees and expenses of Bond Counsel, the fees and expenses of the Authority and the fees and expenses of the Lender, shall be paid from the proceeds of the Bonds to the extent permitted by law or from funds of the Company. If for any reason the Bonds are not issued, it is understood that all such fees and expenses shall be paid by the Company and that the Authority shall have no responsibility therefor. 8. The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth. 9. All other acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds are hereby approved and confirmed. 10. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the City of Virginia Beach Development Authority at a meeting . + y called and held on May 19, 1998, and that such resolution is in full force and ffect n the 't eo Dated: `,�—VQ-q� Afi �/.�. Chairman, City of Mr!' a Beach Development Authority 0471551.01 3 • EXHIBIT D DISCLOSURE STATEMENT Date: Apri121, 1998 Applicant's Name(s): Judeo-Christian Outreach Center. Inc. All Owners (if different from applicant): N/A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Industrial Development Revenue Bond Application **5***************5***5*5********5*******555**55*5**4*5**5*4**4*455555******** The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: See Schedule A attached hereto. 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: The following is to be completed by or for the Owner(if different from the applicant) 1. If the Owner is a CORPORATION, list all the officers of the Corporation: 2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: JUDEO-CHRISTIAN OUTREACH CENTER, INC. By: tr_, <; ). C,. - Authorized Officer 0471538.01 In. - .ai ,o a . . narrc.n, Manny a e lay )tl/ 46t5 64195 P . UL Judeo Christian Outreach Center Officers, Board of Directors and Senior Staff 1997- 1996 The Board Senior Staff Janet W Craig, President Richard H Powell, Executive Director Buddy Redfeam,Vice President Susan S Kowalske Wayne Jones, Secretary Ronald D Bollinger Robert M Warren, Jr, Treasurer Bill Kimball Douglas Archer Dan Beck Leyba Blumenthal LaVery! Brown Jane Duhl, PhD Boone Ferrebee Robert C Jones Bob Marshall Martha Martin Peter Van Vieet Allison M Wood • 03/31/88 TUE 17:20 [TE/RS NO 9701] VIRGINIA BEACH Development Authority One Columbus Center, Suite 300 Virginia Beach,VA 23462 (757)437-6464 FAX (757)499-9894 F. Dudley Fulton,Chair Stephen W. Burke, Vice-Chair W. Brantley Basnight Ill,Secretary David A.King,Jr.,AssistantSecretary Kenneth D. Barefoot, Treasurer Elizabeth A. "Betsy" Duke Kenneth F. Palmer EXHIBIT E REVENUE BOND (JUDEO-CHRISTIAN OUTREACH CENTER, INC.) The Authority recommends approval of the captioned financing which will not only provide job training opportunities for citizens but also provide affordable merchandise for low-income families. The City's tax base will be expanded by the development of this vacant parcel of property. EXHIBIT F FISCAL IMPACT STATEMENT SUBMI it ED TO CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, in order to permit the City of Virginia Beach Development Authority to submit the following information in compliance with Section 15.24907 of the Code of Virginia of 1950, as amended, states: Name of applicant: Judeo-Christian Outreach Center, Inc. Facility: 1813 Virginia Beach Boulevard/Proposed Thrift Shop 1. Maximum amount of financing sought $650,000.00 2. Estimated taxable value of facilitys real property to be constructed in the City of Virginia Beach $450,000.00 3. Estimated real property tax per year using present tax rates $ 5,850.00 4. Estimated personal property tax per year using present tax rates $ 500.00 5. Estimated merchant's capital tax per year using present tax rates $ 600.00 6. Estimated dollar value per year of goods and services that will be purchased locally $ 30,000.00 7. Estimated number of regular employees on year round basis 6 8. Average annual salary per employee $ 11,300.00 JUDEO-CHRISTIAN OUTREACH CENTER, INC. Authorized O CITY OF VIRGINIA BEACH D.. OPMENT AUTHORITY / `�'� By: /./A i r' Ch.' 0471537.01 EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF REVENUE BONDS 1. PROJECT NAME: Judeo-Christian Outreach Center, Inc./Thrift Store 2. LOCATION: 1813 Virginia Beach Boulevard Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: Non-profit thrift store 4. AMOUNT OF BOND ISSUE: $650,000 5. PRINCIPALS: Judeo-Christian Outreach Center, Inc. 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property Commercial b. Is rezoning proposed: Yes No X c. If so, to what zoning classification? 0471539 01 VIRGINIA BRACH Department of EXHIBIT H Economic Development One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757)437-6464 FAX(757) 499-9894 ecdev@city.virginia-beach.va.us May 19, 1998 F. Dudley Fulton, Chair Virginia Beach Development Authority RE: Judeo-Christian Outreach Center, Inc. Bond Issuance for Thrift Store Dear Mr. Fulton: It is the finding of the Department of Economic Development that the issuance of revenue bonds for the Judeo-Christian Outreach Center, Inc. for the construction of its thrift store will produce economic benefit to the citizens of our City. This project will employ six people, taking them off the welfare rolls and making them productive citizens. It will also generate positive tax revenue for the City. Sincerely, /7/4-1 /t Mark R. Wawner,P.E. Project Development Manager MRW/tga cc: VBDA Members JUDEO-CHRISTIAN OUTREACH CENTER PROJECT LOCATION MAP A sil ,„1„ •00, _ vi4,..._ 0,/, tini, sii.t.;$ 3.5,014,,,,\Ira �� I � ,� 11 _9..U., Frritimitzra,h�L. jri � 3' : �voriAlk ; - ar = EAC Rye,= 111, iir-' 41' i •' ftt %t el "411.11 . frt P'lit'er‘lia 3 00111 .' pi .,t, _ ,Lii„....„,, , ,,,, _ .. E , ,..„.„.„,,te, • t . , ..,, iii,„,....„, A slini Tm . e• I & .. . • )1 i 4''.1 1..iirr ila r yip:, ‘!..,,,r- J:,, 0; , ittipricrik‘itt ot ii 14 � �' LL17Ccl �]�,'''°'[''� ��1 ` ,w,m�^'" t �� % .�' si0 r��rr na. tct •tile fl�ij"r a`R t1 ' ,, 7n AR.- DfJ' al. . _t illre IA J! f.. -101"-t_. v i is®EiiIN r�r{{m aanr "y ti ,1 '� u9' 'iia ; 7 2'Q}m®IN '�:- - ©nRw l�IA * n 1', MIN ,u, c ra:r ' ' sem' $ f ...t J n;�p ' � '� " �ska Rl m4'.;`.-3%,�� I+Fi rylr PI,'h n .1' F+ -srl glume.: T goon i Ri7i 27 Paf, ; y��"C: e R IP r SJ 71 ' q 1 S O 1 b, 1r rill a Kir l:'' p .i -21 - Item V-Ll. PUBLIC HEARING ITEM#43624 Mayor Oberndorf DECLARED A PUBLIC HEARING: TAX INCREMENT FINANCING-LYNNHAVEN MALL There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. June 2, 1998 -22- Item V-.1 ORDINANCES ITEM#43625 Upon motion by Vice Mayor Sessoms,seconded by Councilman Branch, City Council APPROVED IN ONE MOTION Ordinances I*,2*, 3, 4, 5 and 6 of the CONSENT AGENDA. Item 1 was ADOPTED,AS AMENDED,BY CONSENT Item 2 was DEFERRED,BY CONSENT, until the City Council Session of June 9,1998. Voting.: 11-0 Council Members Voting Aye: John A.Baum,Linwood O.Branch,III, William W.Harrison,Jr., Harold Heischober,Barbara M.Henley,Louis R.Jones,Reba S. McClanan, Mayor Meyera E.Oberndorf Nancy K.Parker, Vice Mayor William D. Sessoms,Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 2, 1998 - 23- Item V-J1. ORDINANCES ITEM#43626 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED*: Ordinance to establish a Tax Increment Financing (TIF) District re improvement of the commercial area surrounding the Lynnhaven Mall Shopping Center; and, authorize the issuance of special limited obligations of the City secured by Tax Increment revenues derived from such district. *The following verbiage shall be added after the words "any related or amending or replacement documents"on line 70: "...,which Memorandum of Understanding shall be presented to City Council for approval prior to its execution by the City." Voting: 11-0(By Consent) Council Members Voting Aye.: John A.Baum,Linwood 0.Branch,III, William W.Harrison,Jr., Harold Heischober,Barbara Al Henley,Louis R.Jones,Reba S. McClanan, MayorMeyera E.Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms,Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 2, 1998 1 AN ORDINANCE TO ESTABLISH A TAX 2 INCREMENT FINANCING DISTRICT AND TO 3 AUTHORIZE THE ISSUANCE OF A TAX 4 - INCREMENT FINANCING OBLIGATION 5 WHEREAS, the City of Virginia Beach (the "City") desires 6 to undertake a program related to the improvement of the commercial 7 area (the "Mall Area" ) surrounding the Lynnhaven Mall Shopping 8 Center (the "Mall" ) , including substantial improvement to the Mall 9 by its owner, to achieve certain important public purposes, 10 including but not limited to (a) improving the capacity and flow of 11 traffic within the Mall Area, (b) improving public transit access 12 to and from the Mall Area, thereby facilitating commercial 13 development in the Mall Area and employment in the adjacent 14 industrial park, (c) expanding public parking in the Mall Area, 15 and (d) stimulating additional investment and employment in the 16 Mall; 17 WHEREAS, as part of the undertaking of such program, the 18 Council of the City (the "Council" ) desires to provide for the 19 financing of the acquisition of property, public improvements and 20 improved transit service associated with the expansion of the Mall 21 in an amount not to exceed $18, 250, 000 (the "Project" ) by 22 establishing a tax increment financing district and to issue 23 special limited obligations of the City secured by tax increment 24 revenues derived from such district; 25 WHEREAS, pursuant to Section 58 .1-3245.4 : 1 of the Code of 26 Virginia of 1950 (the "Virginia Code") , such obligations shall not 27 be subject to the annual debt limitations set forth in the City 28 Charter; and 29 WHEREAS, the Council held a public hearing on June 2, 30 1998, on the establishment of the tax increment financing district 31 after notice as provided in Section 58 . 1-3245 .2 (B) of the Virginia 32 Code; 33 BE IT ORDAINED BY THE COUNCIL OF THE 'CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 1 . Pursuant to Section 58 . 1-3245 et seq. , of the 36 Virginia Code, a development project area (as defined in Section 37 58 . 1-3245) known as the Lynnhaven Mall Shopping Center District 38 (the "District" ) is hereby created and designated as such. The 39 District shall include that area of the City as set forth on 40 Exhibit A, attached hereto and made a part hereof . 41 2 . The Real Estate Assessor, the assessing officer of 42 the City, is directed, pursuant to Section 58 . 1-3245 .2 (A) (1) of the 43 Virginia Code, to record in the land book the base assessed value 44 and the current assessed value (each as defined in Section 58 . 1- 45 3245 of the Virginia Code) of the real estate within the District . 46 3 . So long as any TIF Obligations (as hereinafter 47 defined) remain outstanding, the Director of Finance of the City is 48 directed to allocate and pay the real estate taxes attributable to 49 the increased value of the real estate within the District between 50 the base assessed value and the current assessed value (the "Tax 51 Increment Revenues") into a special fund entitled "Lynnhaven Mall 52 Tax Increment Financing Fund" (the "Fund" ) , which is hereby 53 authorized to be created. 54 4 . Pursuant and subject to the City Charter and the 55 Public Finance Act of 1991, there are hereby authorized to be 56 issued tax increment financing obligations in the maximum amount of 57 $18,250, 000 (the "TIF Obligations") to provide funds, together with 58 other available funds, to finance the cost of the Project . 2 59 5 . The TIF Obligations shall bear such date or dates, 60 mature without interest at such time or times not exceeding 40 61 years from their date, be in such denomination and form, be 62 executed in such manner and be sold at such times or times and in 63 such manner as the Council may hereafter provide by appropriate 64 resolution or resolutions. 65 6. The TIF Obligations shall be limited obligations of 66 the City, payable solely from Tax Increment Revenues in the Fund. 67 The terms of the TIF Obligations shall be subject to the Memorandum 68 of Understanding with respect to the Project now being negotiated 69 by the City with Knickerbocker Properties, Incorporated III, and 70 any related or amending or replacement documents, which Memorandum 71 of Understanding shall be presented to City Council for approval 72 prior to its execution by the City. Payments under the TIF 73 Obligations shall be due and payable only to the extent pledged 74 revenues are actually available therefor. The appropriate officers 75 of the City are authorized to enter into appropriate development 76 project cost commitments and other appropriate documents consistent 77 with the Memorandum of Understanding and the requirements of 78 Article 4 . 1 of Title 58 . 1 (Section 58 . 1-3245 et seq. ) of the 79 Virginia Code. 80 . 7 . The City Clerk is directed to send a copy of this 81 ordinance to the Real Estate Assessor and the Director of Finance 82 of the City and any other material required by Section 58 . 1-3245 .3 83 of the Virginia Code. 84 8 . The City Clerk is directed to make a copy of this 85 ordinance continuously available for inspection by the general 86 public during normal business hours at the City Clerk' s office from 3 87 the date of adoption hereof through the date of the issuance of the 88 TIF Obligations . 89 9 . The City Clerk, in collaboration with the City 90 Attorney, is authorized and directed to file immediately a 91 certified copy of this ordinance with the Circuit Court of the City 92 of Virginia Beach. 93 10 . This ordinance shall be in full force and effect 94 from its passage. 95 Requires affirmative vote by a majority of City Council 96 members for adoption. 97 Adopted by the Council of the City of Virginia Beach, 98 Virginia, on the 2 day of June 1998 . 99 CA-7024 100 ORDIN\NONCODE\MALL.ORD 101 R-2 102 PREPARED: JUNE 2, 1998 103 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 104 SUFFICIENCY: c. 105 _ _Cr- m P ' 106 Management ;ices apartment of 4 EXHIBIT A The Lynnhaven Mall Shopping Center District is an area that is bounded by Lynnhaven Parkway to the east,South Lynnhaven Road to the west,the intersection of Lynnhaven Parkway and South Lynnhaven Road to the south,and Guardian Lane along a drainage easement to South Lynnhaven Road to the north (a map with the proposed district shaded is also attached). - - ecta4;;)::: ,' • OroeoQ7Dr 2 i i :' /d0� 00 b f I pi , ,, o •, , C I , :is :"--70.1.0.4 14.;:pi ..,. •: :0 t ,,,..i.: ir I Y . II. i „ aVP� A ii. � I a ,_ a i Et?4. le - ' U Y !i ag ��� .; H St G V l _ �// Or •a rs • tie, io. ',1:r..i..:.:,:.: :-.....::.Al %.'40. '6.k ..''iT''' %%1A n- 1.^•'1 n , .... 0..,a, 1:1, ,,......:/..... ...?. r.,,,Actio• aii. •,..fie.„0:wyr,„4.1i•• .tr,l4 • 0i'i 130.'-;..-,.s..a,n.-,inS ' r , III _ soraw tirtl„ Pin" Va Pt, [t Qi _co > s s,. a, vi, .,•(; } tl. !u � C_cOf7G_ 1.1.-,14 a • ss Vi . asa � Q� ; . :n�am ,o mw � a A, fit. a .rj^4:3 IMP 1.10•04 LYNMLlVENMOPPING AREA � � , �.? �� � ;tVer � TAX cVcaamvru +wAR�ro wsrucr sV,1 °� • ��"J cmaVIRGINIA prepared by .w�- IC�NI! NAPPIN;• w w.- 1 1, .�ME1 • it...rt. ., ,.,:z4tAib.::. • . I N.,� 1.04 rel ==:: �� .x.t�.m '°�":.::,..� L t 08 \S ^ C„•;CJ iiia► ^- Exhibit A VIRGINIA BEACH Department of Economic Development One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757)437-6464 FAX(757)499-9894 ecclev@itity.virginia-beach.va.us LYNNHAVEN MALL EXPANSION PROJECT CONTENTS PAGE TERMS AND CONDITIONS PROJECTED CONSTRUCTION SCHEDULE MAINTENANCE COSTS -Retention Ponds -Ring Road MEDIA RELATIONS PLAN - Option I - Option 2 CIVIC LEAGUES/CONDO ASSOCIATIONS PROJECT SUMMARY PROJECT FACTS -Exhibits A, B and C MESSAGE POINTS PROPOSED PUBLIC IMPROVEMENTS TO LYNNHAVEN -24- Item V-J.2. ORDINANCES ITEM#43627 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED until the City Council Session of June 9, 1998: Ordinance to AMEND the 1997-1998 Capital Budget by establishing Marine Science Museum Phase HI Master Plan (CIP #9-010) re evaluation of future potential for expansion; and, APPROPRIATE $100,000 from the General Fund Balance for this Plan. Voting: 11-0(By Consent) Council Members Voting Aye: John A.Baum,Linwood O.Branch,III, William W.Harrison,Jr., Harold Heischober,Barbara M Henley,Louis R.Jones,Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K.Parker, Vice Mayor William D. Sessoms,Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 2, 1998 - 25- Item V-J.3. ORDINANCES ITEM#43628 A Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a$50,000 one-time surplus Grant from the Virginia Department of Criminal Justice Services (VJCCCA) through the Tidewater Regional Group Home Commission (TRGHC), to the FY 1997-1998 Operating Budget of the Pendleton Child Services Center re purchase offurniture,classroom electronic equipment, et cetera;and, increase estimated revenues accordingly. Voting: 11-0(By Consent) Council Members Voting Aye: John A.Baum,Linwood O.Branch,III, William W Harrison,Jr., Harold Heischober,Barbara M.Henley,Louis K Jones,Reba S. McClanan, MayorMeyera E.Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms,Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 2, 1998 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE A $50, 000 GRANT FROM THE 3 DEPARTMENT OF CRIMINAL JUSTICE 4 SERVICES TO THE FY 1997-98 OPERATING 5 BUDGET OF THE PENDLETON CHILD 6 SERVICES CENTER TO PURCHASE ITEMS TO 7 FURTHER PROGRAM GOALS 8 9 10 WHEREAS, the Pendleton Child Services Center receives 11 annual funding from the Virginia Juvenile Community Crime Control 12 Block Grant; 13 WHEREAS, these funds are distributed through the Tidewater 14 Regional Group Home Commission ("TRGHC" ) ; 15 WHEREAS, the TRGHC has available an unexpected one-time 16 surplus of $50, 000 for Pendleton that does not require a local 17 match; and 18 WHEREAS, Pendleton has identified program needs for which 19 these funds could be used. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 1 . That an additional $50, 000 is hereby accepted from 23 the Department of Criminal Justice Services and appropriated to the 24 FY 1997-98 Operating Budget of the Pendleton Child Services Center 25 for program needs; and 26 2 . That estimated revenue in the FY 1997-98 Operating 27 Budget from the Commonwealth of Virginia is hereby increased in the 28 amount of $50, 000 . 29 Requires affirmative vote by a majority of City Council members for 30 adoption. 31 32 Adopted the day of , 1998, by the Council of the 33 City of Virginia Beach, Virginia. 34 35 36 APPROVED AS TO CONTENT APPROVED AS TO LEGAL 37 SUUFFFICIENCY38 39 dir - 400.r (/ — � / ✓ 40 Walter C. Kra- er Department Law 41 Management Services 42 43 CA-7023 44 DATA/ORDIN/NONCODE/PENDLE.ORD 45 MAY 26, 1998 R1 -26- Item VJ4. ORDINANCES ITEM#43628 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch. City Council ADOPTED: Ordinance to AMEND the FY 1997-1998 Operating Budget by ACCEPTING: $32,848 Grant from the Federal Government(Substance Abuse FBG); $ 1,500 Mini-Grant from the Virginia Department of Motor Vehicles (DMV); APPROPRIATING the total amount of $34,348 to the Community Services Board re provision of substance abuse services to former Social Security Income recipients and additional training in the use of child safety restraint systems by the Department of Mental Health,Mental Retardation and Substance Abuse(MHMRSA); one(1) additional,full-time position as Part H program oversight and VBICC coordinator; and, increase estimated revenues accordingly. Voting: 11-0(By Consent) Council Members Voting Aye: John A.Baum,Linwood O.Branch,III, William W.Harrison,Jr., Harold Heischober,Barbara M Henley,Louis R.Jones,Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K.Parker, Vice Mayor William D. Sessoms,Jr. and Louisa M. Stray horn Council Members Voting Nay: None Council Members Absent: None June 2, 1998 1 AN ORDINANCE TO AMEND THE FY 1997-98 OPERATING 2 BUDGET BY ACCEPTING $34, 348 FROM THE FEDERAL 3 GOVERNMENT AND THE COMMONWEALTH OF VIRGINIA 4 AND APPROPRIATING THESE FUNDS TO THE COMMUNITY 5 SERVICES BOARD FOR THE PROVISION OF SUBSTANCE 6 ABUSE SERVICES TO FORMER SOCIAL SECURITY 7 INCOME RECIPIENTS AND CHILD SAFETY RESTRAINT 8 SYSTEMS TRAINING TO HOSPITAL STAFF AND 9 PARENTS; AND TO PROVIDE FOR A FULL-TIME 10 COORDINATOR TO WORK WITH THE VIRGINIA BEACH 11 INTERAGENCY COORDINATING COUNCIL 12 WHEREAS, the Federal Government has provided the 13 Community Services Board ("CSB") with $32 , 848 for increased 14 substance abuse services to former Social Security Income 15 recipients; 16 WHEREAS, the Virginia Department of Motor Vehicles 17 ("DMV")has given the CSB $1, 500 in funding for additional training 18 for hospital staff and parents in the use of child safety restraint 19 systems; 20 WHEREAS, it is now advisable for the CSB to have a full- 21 time employee to oversee the Mental Retardation Division' s Part H 22 program and work as a full-time coordinator with the Virginia Beach 23 Interagency Coordinating Council (VBICC) to better utilize 24 available funding and to fulfill the grant reporting obligations of 25 the Council; and 26 WHEREAS, resources are already available in the current 27 and the upcoming Operating Budget to fund this full-time position. 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 That the 1997-98 Operating Budget is amended, and funds 31 from the Federal Government in the amount of $32, 848, along with 32 $1, 500 in funds from the Commonwealth of Virginia DMV, are accepted 33 and appropriated to the Department of Mental Health, Mental 34 Retardation and Substance Abuse for the purpose of providing 35 substance abuse services to former Social Security Income 36 recipients, as well as additional training in the use of child 37 safety restraint systems; 38 That estimated revenue from state and federal sources in 39 the 1997-98 Operating Budget is increased by $1, 500 and $32, 848, 40 respectively; and 41 That one additional full-time permanent position is 42 approved to oversee the Part H program and work as the coordinator 43 with the VBICC to better utilize grant funding. 44 Requires an affirmative vote of a majority of City Council 45 members. 46 Adopted by the Council of the City of Virginia Beach, 47 Virginia, on the 2 day of June 1998 . 48 Approved as to Content : Approved as to Legal 49 Sufficiency: 50 - � 51 Management Se j.ctis Law Department 52 CA-7018 53 ORDIN/NONCODE/MHMR-98 .ORD 54 MAY 26, 1998 55 R4 2 - 27_ Item V-J S. ORDINANCES ITEM#43629 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to appoint viewers in the petition of Rite-Aid of Virginia,Inc., on behalf of Stanley and Cecelia Yeskolske,for the closure of a portion of South Independence Boulevard at the Southeast intersection with Holland Road(KEMPSVILLE BOROUGH). The Viewers are: David M. Grochmal General Services Robert J.Scott Planning George N. Tzavaras Public Works Voting: 11-0(By Consent) Council Members Voting Aye: John A.Baum,Linwood O.Branch,III, William W.Harrison,Jr., Harold Heischober,Barbara M.Henley,Louis R.Jones,Reba S. McClanan, Mayor Meyera E.Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms,Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 2, 1998 ORDINANCE APPOINTING VIEWERS WHEREAS, Rite Aid of Virginia, Inc. on behalf of Stanley& Cecelia Yeskolske has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 2nd day of June, 1998, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott David In. Grochmal , and George N. Tzavaras are hereby appointed to view the below described property and report in writing to the Council; as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Commencing at a pin at the Southeast intersection of Holland Road and South Independence Boulevard; thence, along the East side of South Independence Boulevard S06° 40'51"W 1.39 feet to the Point of Beginning; thence, continuing along said East side 506°40'51"W 334.43 feet to a point; thence, leaving the East side of South Independence Boulevard along a proposed right-of-way line along a curve to the left having a radius of 875.00 feet and an arc length of 108.78 feet to a point; thence, NIG° 45'00"W 72.50 feet to a point of curve; thence, along a curve to the right having a radius of 276.00 feet and an arc length of 161.99 feet to a point of compound curve; thence, along a curve to the right having a radius of 20.00 feet and an arc length of 36.21 feet to a point on the South side of Holland Road; thence, along the South side of Holland Road S53° 22'25"E 23.43 feet to a point on the East side of South Independence Boulevard being the Point of Beginning for the herein described proposed road closure and containing 13,292 square feet or .305 acres. All the above as shown upon that certain plat entitled, "Plat of a Portion of South Independence Boulevard to Be Closed", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. Adopted: June 2, 1998 \\FayeUryaa c\Corel O2ce7 WPDOCS\SSWoOandStreet Closure Application\OrdApplViewµpd IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS SOUTH INDEPENDENCE BOULEVARD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT OF A PORTION OF SOUTH INDEPENDENCE BOULEVARD TO BE CLOSED", WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Rite Aid of Virginia, Inc., on behalf of Stanley and Cecelia A. Yeskolske, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.2-2006 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: Commencing at a pin at the Southeast intersection of Holland Road and South Independence Boulevard; thence, along the East side of South Independence Boulevard S06° 40'51"W 1.39 feet to the Point of Beginning; thence, continuing along said East side S06° 40'51"W 334.43 feet to a point; thence, leaving the East side of South Independence Boulevard along a proposed right-of-way line along a curve to the left having a radius of 875.00 feet and an arc length of 108.78 feet to a point; thence, N10° 45'00"W 72.50 feet to a point of curve; thence, along a curve to the right having a radius of 276.00 feet and an arc length of 161.99 feet to a point of compound curve; thence, along a curve to the right having a radius of 20.00 feet and an arc length of 36.21 feet to a point on the South side of Holland Road;thence, along the South side of Holland Road S53° 22'25"E 23.43 feet to a point on the East side of South Independence Boulevard being the Point of Beginning for the herein described proposed road closure and containing 13,292 square feet or .305 acres. Said parcel of land being a portion of South Independence Boulevard, as indicated on that certain plat entitled "Plat Of A Portion of South Independence Boulevard To Be Closed", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council as soon as practicable, as to whether in the opinion of said Viewers, what inconvenience, if any, would result form the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 8t day of May, 1998 and on the 15th day of May, 1998, notice of the presenting of this application was published in the Virginia Beach Sun, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street are the landlords of Rite Aid of Virginia, Inc. who have authorized your petitioners to close, vacate, and discontinue said portion of the platted street on behalf of Stanley and Cecelia A. Yeskolske. Respectfully submitted, Rite Aid of Virginia, Inc., on behalf of Stanley and Cecelia A. Yeskolske By: � vaam� Of Counsel S. Randolph Stokes, Esquire Stokes & Timms, P.L.C. 603 Town Point Center 150 Boush Street Norfolk, Virginia 23510 \\Fayevaye: c\Carel1/40flice7NWPCOCS\3SWoIWthSveet Clog=AppIiWioractiionwpd NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 2nd day of June, 1998, at 2:00 P.M., at the City Hall of the City of Virginia Beach, Princess Anne Station, the undersigned will petition the Council for the appointment of Viewers to view the below-described portion of that certain street and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing and discontinuance of same, the said portion of said street being described as follows: Commencing at a pin at the Southeast intersection of Holland Road and South Independence Boulevard; thence, along the East side of South Independence Boulevard 506°40'51"W 1.39 feet to the Point of Beginning; thence, continuing along said East side S06° 40'51"W 334.43 feet to a point; thence, leaving the East side of South Independence Boulevard along a proposed right-of-way line along a curve to the left having a radius of 875.00 feet and an arc length of 108.78 feet to a point; thence, N10°45'00"W 72.50 feet to a point of curve; thence, along a curve to the right having a radius of 276.00 feet and an arc length of 161.99 feet to a point of compound curve; thence, along a curve to the right having a radius of 20.00 feet and an arc length of 36.21 feet to a point on the South side of Holland Road; thence, along the South side of Holland Road S53° 22'25"E 23.43 feet to a point on the East side of South Independence Boulevard being the Point of Beginning for the herein described proposed road closure and containing 13,292 square feet or .305 acres. All the above, as shown upon that certain plat entitled "Plat Of A Portion Of South Independence Boulevard To Be Closed". At that time, anyone affected may appear and present his views. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of South Independence Boulevard in the City of Virginia Beach, Virginia, described above. Rite Aid of Virginia, I„ . on behalf of Stanley& Cecelia J�:ko ske By: i /��i sm, re f Counsel J. Randolph Stokes, Esquire Stokes& Timms, P.L.C. 150 Boush Street 603 Town Point Center Norfolk, Virginia 23510 \UOyeVayes aCorelAOfnce7 VPCOCSASS Hollandv Street CloswelApplication NewsNoticewpd STOKES & TIMMS, PLC ATTORNEYS AT LAW 603 TOWN POINT CENTER 150 BOLTER STREET NORFOLK, VIRGINIA 23510 TELEPHONE (757) 622-1800 FAX(757)622-1802 CERTIFICATE OF VESTING OF TITLE I, J. Randolph Stokes, attorney for Rite Aid of Virginia, Inc., do hereby certify that: 1. I am an attorney at law and represent Rite Aid of Virginia, Inc., the petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in the landlords of Rite Aid of Virginia, Inc., Stanley and Cecelia A. Yeskolske, who are the adjacent landowners. The said property referred to herein is hereby described as follows: Commencing at a pin at the Southeast intersection of Holland Road and South Independence Boulevard; thence, along the East side of South Independence Boulevard S06°40'51"W 1.39 feet to the Point of Beginning; thence, continuing along said East side 506°40'51"W 334.43 feet to a point; thence, leaving the East side of South Independence Boulevard along a proposed right-of-way line along a curve to the left having a radius of 875.00 feet and an arc length of 108.78 feet to a point; thence, N10°45'00"W 72.50 feet to a point of curve; thence, along a curve to the right having a radius of 276.00 feet and an arc length of 161.99 feet to a point of compound curve; thence, along a curve to the right having a radius of 20.00 feet and an arc length of 36.21 feet to a point on the South side of Holland Road; thence, along the South side of Holland Road S53° 22'25"E 23.43 feet to a point on the East side of South Independence Boulevard being the Point of Beginning for the herein described proposed road closure and containing 13,292 square feet or .305 acres. (.11(14111-5 �� L Stokes & Timms, P.L.C. \wayevan's_mcorenoace'namoocS\ssw°Ibne street CIosureVuMication Cenvumncwpd METES & BOUNDS DESCRIP110N OF • `.6-IA,. sO ' PROPOSED ROAD CLOSURE: Bt s\ 3 f ol�'4 COMMENCING AT A PIN AT THE SOUTHEAST .-5,-• -&-• o M -, 900 INTERSECTION OF HOLLAND ROAD AND SOUTH ✓" fiZI ';*i P INDEPENDENCE BOULEVARD; THENCE, ALONG (y ,o rt0 °Nf THE EAST SIDE OF SOUTH INDEPENDENCE `'�R/GHTROEOSEEAD � N� f 3:i ✓'!p BOULEVARD, S 06'40'51" W 1.39' i0 THE LINE //�A %/, pn ‘'.17,2.cam POINT OF BEGINNING; THENCE, CONTINUING ✓P8 N . "eh N.'.,0 �• 33443'SAID iO AAST POINi;E THENCE, LEAVING / - \-.N Ce 'THE EAST SIDE OF SOUTH INDEPENDENCE V/� 'OO�y� N�N `�'P' BOULEVARD ALONG A PROPOSED RIGHT-Of- p/, �� WAY LINE ALONG A CURVE TO THE LEFT HAVING O 'q W '•••34, N..., \\N 08.76IUS OF TO A POINT; THENCE,N 10'45'OC IHWOF Tn 1 Np ` 72.50' TO A POINT OF CURVE; THENCE, ALONG +� 1 ' ‘� n f' o H W A CURVE TO THE RIGHT HAVING A RADIUS OF bi �' �,A� a e N 276.00' AND AN ARC LENGTH OF 161.99' TO z t. > , .. e , a A POINT OF COMPOUND CURVE; THENCE. lae It ' /PROPOSED - e cd n `i N ALONG A CURVE TO THE RIGHT HAVING A �- ,�./ROAD CLOSURE N e 1. m a 2 RADIUS OF 20.00' AND AN ARC LENGTH OF Y 1$212 Sq.f./ $ CZ' < W 36.21' TO A POINT ON THE SOUTH SIDE OF P23.43 Ac. 3 HOLLAND ROAD; THENCE. ALONG THE SOUTH `�' SIDE OF HOLLAND ROAD S 532225' TO A POINT ON THE EAST SIDE OF 1 to m o. SOUTH INDEPENDENCE BOULEVARD BEING 1 Q THE POINT OF BEGINNING FOR THE HEREIN ^`� DESCRIBED PROPOSED ROAD CLOSURE AND ''q'l,N/� PRESENT R/CNT-q�_WAy LINE COANTAINING 13,292 SQUARE FEET OR 0.305 c/ , ' ; (r/ r •h A ti E N o m-- ` IN 4.11 T OR • To Ern 0, o� atL_ • CRAY D . 'VE PORI , nl I II Rq/T-a`-WAV EST (�'1 No. .�+ �Z �„'r✓m M'4'�BUUK JIT, PACE SI/ BY C3 2055 "a Fro i o A Z -cm�u Oa C) . Fri z tom 0 PLAT OF A PORTION OF .. •' FORMER RICHT-Cr-WAY LINE SOUTH INDEPENDENCE I BOULEVARD O VAR. 010774 TEMPORARY TO BE CLOSED "'YYY !'// CONSIRUCPUN EASEMENT (MB 141, Pq. 2/J S. INDEPENDENCE & HOLLAND ROAD I KEMPSVILLE BOROUGH PIN (/) I VIRGINIA BEACH, VIRGINIA • LEE S. ROOD, P. C. Land Surveyors 5737 BART££ STREET NORFOLK, VIRGINIA 23502 Ph. (757) 466-1111 SCALE: 1"=50' DATE: 04/23/98 REFERENCE: M.B. 141, Pg. 21 (VA. Beach) r.e. 716 pe. 64-68 Aaaia on The Virginia Beach Sun 138 South Rosemont Road, Suite 209 Virginia Beach, VA 23452 Public Notice affidavit NOTICE All the above, as shown upon PLEASE TAKE NOTICE, that that certain plat entified"Plat Of A at the meeting of the City Council Portion of South Independence of the City of Virginia Beach, Boulevard lb Be Closed." STATE OF VIRGINIA Virginia,to be held on the 2ndcy ' At that time, anyone affected of June. 1998,at 2:00 P.M.. at the may appear and present his views. ' CITY OF VIRGINIA BEACH City Hall of the City of Virginia After the reponof the Viewers is Beach,Princess Anne Station, the received, at the next regular to wit: undersigned will petition the meeting of the City Council, ores Council for the appointment of I soon thereafter as the matter may This day Geradena S. Orange Viewers to view the below-- be placed on the agenda, the described portion of that certain undersigned will Petition the City personally appeared before me street and report to the City Council 'to vacate,- close ad and after beingdulysworn made Council whether in the opinion of discontinue that portion of South the Viewers, what, if any, Indepadence Boulevardin the City oath: inconvenience would result from of Virginia Beach, Virginia, (1) (He) (She) is affidavit clerk of the vacating, closing and describedabove. discontinuance of same, the said Rite Aid of Virginia, Inc. on a newspaper published by Byerly portion of said- street beingbehalf of Stanley & Cecelia Publications,in the city of Virginia described as follows: Yeskolse Beach, State of Virginia; Commencing at a pin at the By:I.Randolph Stokes,Esquire 9 Southeast intersection of Holland Of Counsel (2) That the advertisement Road and South Independence I.Randolph Stokes,Esquire hereto annexed of Boulevard,thence; along the East Stokes & Timms, P.L.C. side of South Independence 150Boush Street J. Randolph Stokes, Esquire Boulevard S06°40'51"W 1.39 feet 603 Town Point Center has beenpublished, in said to the Point of Beginning;thence, Norfolk,Virginia23510 continuing along said East side 19-1 newspaper on the following S06° 40'5iW 334.43 feet to a 2t5-15 point; thence, leaving the East side dates: 8S-15 of South Independence Boulevard along a proposed right-of-way line along a curve to the left having a radius of 875.00 feet and an am length of 108.78 feet to a point; 19 98 thence,N10° 45'00"W 72.50 feet to a point of curve;thence,along a ,�,,rh ,�� `' curve to the right having a radius >�1.(Itil/.�no-t-5.67.12 tCs Affiant of 276.00 feet and an arc length of Subscribed161.99 feet toapointof compound and sword' before curve; thence,along a curve to the me in my city and state aforesaid right having a radius of 20.00 feet this 15th dayof May and an arc length of 36.21 feet to a point on the South side of Holland 19 98 Road; thence,along the South side My commission expires of Holland Road S53° 22'25"E 23.43 feet to a point on the East November 30, 2000\ t� side of South Independence "� l � ( !7. i li Boulevard being the Point of Beginning for the.herein ed Notary Public proposed mad closure and containing 13,292 square feet or .305 acres. The Virginia Beach Sun 138 South Rosemont Road, Suite 209 Virginia Beach, VA 23452 affidavit Public Notice NOTICE AU the above,as shown upon PLEASE TAKE NOTICE, that that certain plat entlticd"Plat Of A at the meeting of the City Council Portion of South Itd@mdatce STATE OF VIRGINIA of the'City of Virginia Beach, Boulevard To Be Closed." Virginia,to be held on the 2nd day - At that time, anyone affected CITY OF VIRGINIA BEACH of lune, 1998,at 2:00 P.M., at the may appear and present his views. 10 Wit City Hall of the City of Virginia piker the report of the Viewers is Beach,Princess Anne Station, the, received, at the next regular undersigned will petition the',.meeting of the City Council, oras This day Geradena S. Orange Council'for the appointment of laoon thereafter an me matter may Viewers to view thebelow-, be placed on the agenda, the personally appeared before me described portion of that certain undersigned will Petition the City and after beingdulysworn made street and report to the City Council to vacate, close ad Council whether in the opinion of discontinue that portion of South oath: the Viewers, what, if any, Independence Boulevardin the City (1) (He) (She) is affidavit clerk of inconvenience would result from of Virginia Beach, Virginia, the vacating, closing ad deauibed above, a newspaper published by Byerly discontinuance of same, the said Rite Aid of Virginia, Inc. on Publications,in the city of Virginia Portion of said street being behalf of Stanley & Cccdia described as follows: Veskolske - v Beach, State of Virginia; Commencing at a pin at the By:1.RandQ b:Sd (2) That the advertisement Southeast intersection of Holland Of Counsel hereto annexed of Road and South 1uknJaauEv . ).Randolph Stekes, quire. Boulevard,thence; along the East Stokes & Timms,P.L.C.. J. Randolph Stokes. Esquire side of South Independence 150 Boush Street has been published, in said Boulevard S06°40'51"W 1.39 fed 603 Town Point Center to the Point of Beginning;thence, Norfolk,Virginia 23510 newspaper on the following continuing along said East side 19-1 dates: 95-E8. S06° 40'51W 334.43 feet to a 2t5-15 point; thence,leaving the East side of South Independence Boulevard along a proposed right-of-way line along a curve to the left having a radius of 875.00 feet and an arc 19 98 length of 108.78 feet to a point; thence, N10° 45'OO"W 72.50 feet ,,r, r to a point of curve;thence,along a `4Lita/1P,(d.cSC.1N1A rK Affiant curve to the right having a radius Subscribed and sworn to before of 276.00 feet and an am length of 161.99 feet to a point of compound me in my city and state aforesaid curve;thence,along a curve to the this 15th dayof May right having a radius of 20.00 feet and an arc length of 3621 feet to a 19 98 point on the South side of lolland My commission expires Road; thence,along the South side of Holland Road 553° 22'25"E I November 30, 2000 1 23.43 feet to a point'on the East `, i ' ,a side of South Independence Boulevard being the Point of Notary Public Beginning for the herein described proposed wed closure ad containing 13,292 square feet or .305 acres. , irk , . - DISCLOSURE STATEMENT DATE: April 2/ 1998 NAME OF APPLICANT(S): Rite Aid of Virginia, Inc., on behalf of Stanley and Cecelia A. Yeskolake NAME(S) OF ALL OWNERS(if different Rom applicant): Stanley and Cecelia A. Yeskolake TYPE OF APPLICATION: Rezoning from to Conditional Use Permit for Street Closure X Subdivision Variance TO BE COMPLETED BY OR FOR THE APPLICANT: 1. If the applicant is a corporation, list the officers of the corp:ration: OFFICERS CHARLES KIBLER, PRESIDENT ALAN P. GARUBBA, ASST. SECY FRANK BERGONZI, EXEC VP CHARLES E. BRODSKY, ASST. SECY JOSEPH SPEAKER, SR. VP, TREAS. f.M➢CtORS ELLIOT S. GERSON, SR. VP & GEN CDUNSEL I. LAWRENCE GEIMAN, VP & SECY RICH VAtLF\ KY JAMES KRAHULEC, VP. JOSEPH SPEAKER LILLI A. BINDER, ASST. SECt. I. LAWRENCE GEIMAN 2. If the applicant is a partners sip, firm or other unincorporated organization, list all members or partners in the organization: N/A TO BE COMPLETED BY OR FOR THE OWNER(if different from applicant) 1. If the owner is a corporation, list the officers of the corporation: N/A 2. If the owner is a partnership, firm or other unincorporated organization, list all members or partners in the organization: N/A D� 2 Alan P. Gambba, Esquire - 4ss+. S i12 Cc..<J Titl 'heart knrr.Jmrionors..v«.bu.,,s w r.,«,e.w..,,, •p1 n.IMnr.oM0 -28- Item V-J.6. ORDINANCES ITEM#43630 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: REFUNDS: Tax $4,022.05 License $4,202.63. Voting: 11-0(By Consent) Council Members Voting Aye: John A.Baum,Linwood 0.Branch,HE William W.Harrison,Jr., Harold Heischober,Barbara M.Henley,Louis R.Jones,Reba S. McClanan, Mayor Meyera E.Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None June 2, 1998 JRM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date PenaltyInt. Total Year of Tax Number tion No. Paid Lakeside Construction Corp. 1998 RE(1/2) 98-069216-8 12/03/97 30.75 Lakeside Construction Corp. 1997 RE(1/2) 97-068827-2 12/05/96 30.75 Lakeside Construction Corp. 1997 RE(2/2) 97-068827-2 05/23/97 30.75 Dunaja, Richard & Julia 1998 RE(1/2) 98-034315-2 11/26/97 91.50 Padgett, Lois H. 1995 RE(1/2) 95-089248-1 04/14/95 420.60 Padgett, Lois H. 1995 RE(2/2) 95-089248-1 09/01/95 417.33 Padgett, Lois H. 1996 RE( 1/2) 96-090287-0 12/05/95 405.60 Padgett, Lois H. 1996 RE(2/2) 96-090287-0 06/05/96 405.60 Padgett, Lois H. 1997 RE(1/2) 97-091695-3 12/05/96 416.00 Padgett, Lois H. 1997 RE( 1/2) 97-091695-3 06/05/97 416.00 Padgett, Lois H. 1995 RE(2/2) 95-135732-5 07/07/95 19.66 Padgett, Lois H. 1998 RE(1/2) 98-092307-0 12/05/97 221. 10 Lliteras, Daniel & Touchstone 1996 RE(1/2) 96-071852-5 11/15/95 2.98 Lliteras, Daniel & Touchstone 1996 RE(2/2) 96-071852-5 05/17/96 2.98 Lliteras, Daniel & Touchstone 1995 RE(1/2) 95-070591-4 11/23/94 .02 Lliteras, Daniel & Touchstone 1995 RE(2/2) 95-070591-4 05/17/95 .02 Lliteras, Daniel & Touchstone 1997 RE(1/2) 97-072785-4 11/14/96 3.06 Lliteras, Daniel & Touchstone 1997 RE(2/2) 97-072785-4 05/14/97 3.06 Morrone, John A. & Diane D. 1998 RE(1/2) 98-086035-1 11/26/97 115.31 Martin, Billy & Deirdre 1998 RE(1/2) 98-077186-7 11/04/97 28.98 Wright, Betty 5. 1988 RE(2/2) 98-135131-9 11/10/97 167.50 Norfolk Southern Corporation 1998 RE(1/2) 98-089424-4 12/01/97 4.83 Norfolk Southern Corporation 1998 RE(1/2) 98-089425-3 12/01/97 3.33 Norfolk Southern Corporation 1998 RE(1/2) 98-089435-1 12/01/97 47.51 Copley, Alden G. & Madge P. 1998 RE(1/2) 98-025445-3 11/20/97 43.84 McKinney, Betty Ann 1998 RE(1/2) 98-080376-1 12/03/97 26.01 Berman, Ginger/aka Ferris, G. 1998 RE(1/2) 98-009494-7 11/25/97 30.50 Morrone, John & Dianne 1997 RE(1/2) 97-085445-8 12/03/96 107.78 Morrone, John & Dianne 1997 RE(2/2) 97-085445-8 06/03/97 107.78 Morrone, John & Dianne 1996 RE(1/2) 96-084367-6 12/05/95 107.40 Morrone, John & Dianne 1996 RE(2/2) 96-084367-6 06/05/96 107.40 Morrone, John & Dianne 1995 RE(1/2) 95-083376-8 12/05/94 103.06 Morrone, John & Dianne 1995 RE(2/2) 95-083376-8 06/05/95 103.06 Total; $4,022.05 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Cert 1 as to paymar S4 A72.05 were approved by J the Council of the City of Virginia J Beach on the 2 day of June. 199.8 Aa John . Atki ,son, reasurer Approved as to form: Ruth Hodges Smith City Clerk ' Yom._. 6 a Leslie . Lilley, City Attorney AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE R ORDAINED BY THE COUNCIL OF THE CRY OF VIRGINIA BEACH,VIRGINIA: That the following applications for license refunds,upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID Allied Heating&Air Cond Sale 1996-1997 Audit 853.17 113.17 966.34 Bender,Joan M. 1998-1998 Audit 7.08 0.03 7.11 Bishop, Dana Jeanne 1998 4/22/98 10.00 10.00 Brenneman,Richard C. 1997-1998 Audit 10.00 0.92 10.92 Beware Inc. 1998 5/06/96 152.94 152.94 Cape Henry Hardware Inc. 1998-1997 Audit 228.99 21.10 250.13 Casual Concepts Inc. 1996-1997 Audit 84.54 9.78 94.32 Clancy&Theys Construction Co. 1997-1998 Audit 797.88 2.62 800.50 Diaz,Ricardo 1998 5/06/98 69.73 69.73 Ellis Realty Company 1996-1997 Audit 108.17 9.84 118.01 Foremost Marine Enterprises Inc. 1998 4/24/98 426.57 428.57 Granby,William A.Sr. 1998 5/06/98 130.00 130.00 Hoang,Tran Minh1998-1998 Audit 40.00 0.14 40.14 Ladies Atheistic Club of Churchland Inc. 1998 4/08/98 148.06 148.06 Marina Shorn Ltd. 1998 5/01/98 54.03 54.03 MEM LLC 1998 4/23/88 111.47 111.47 Ocean Tumblers Inc. 1998 4/15/98 118.82 118.82 Riggs,Gary A.Jr.,DMD 1898 4/22/98 68.18 68.18 Rocket Direct Communications Inc. 1998 5/06/98 51.30 51.30 Rosa Uniforms Of VA Inc. 1998 5/01/98 10.00 10.00 SCI Virginia Funeral Services 1998 3/04/98 26.47 26.47 Sessoms&Staub Real Estate Corp. 1998 5/06/98 50.00 50.00 Southeastern Home Video Inc. 1998 4/21/98 487.59 487.59 Ce a Ir // Philip .Ke am r Commissioner of the Revenue Approved as to form: I-\. At me L Lil ey • - City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $4,202.63 were approved by the Council of the City of Virginia Beach on the June 2 day of 9 98 Ruth Hodges Smith City Clerk -29- Item V-Kl. UNFINISHED BUSINESS ITEM#43631 Councilman Harrison referenced correspondence from Presidents of various Civic Leagues residing in proximity to Shore Drive, and their concerns relative the adoption of a Moratorium on the issuance of permits for construction of projects in the Shore Drive area until the Shore Drive Advisory Commission has completed its mission. Assistant City Attorney Gary Fentress advised the City Council cannot authorize or direct the staff acting in an administrative capacity to withhold any review approval of any request for building permits or site plans pending the Commission's study. This is forbidden under Virginia Law as interpreted by the Virginia Supreme Court.However, the City Council when reviewing requests for Changes of Zoning or Conditional Use Permits can DEFER for a reasonable period of time any request for said Zoning or Conditional Use Permit while awaiting the results of studies. Councilman Harrison believed the abuses in the Shore Drive area have resulted from an overly permissive B-4 Zoning Ordinance.Robert Al Stanton, Chairman-Shore Drive Advisory Commission, has requested in his correspondence to the City Manager and the City Council, the Planning Commission consider modifying the B-4 zoning ordinance in this area to permit reasonable review of project aesthetics, density restrictions and use restrictions. Robert J.Scott,Director of Planning,advised regarding certain projects developed underB-4 zoning,there is a lack of aesthetic quality. When the Urban Land Institute met, one of the recommendations made was Shore Drive should not be widened any further. Such actions would be disruptive to the uses and neighborhoods. In some areas the density that is allowed by the permissive regulations in B-4 may be too high for Shore Drive to handle in the future. Some of the uses may be incompatible with the residential character of the Shore Drive Neighborhoods. One of the recommendations of the ULI was Shore Drive is primarily a residential community and secondly a tourist related area;and, therefore the residential aspects of that area must be properly guarded.. Mr. Scott reiterated the following outcomes which were agreed upon: (I) reasonable review of project aesthetics; (2) reasonable density restrictions; (3) reasonable use restrictions; and, (4) reasonable procedures. There is not a great deal of conflict in this area between commercial and residential uses. There is a density of hotels and apartments in that area that is probably, by right, too high. The staff would like to review and suggest adjustments to these densities. There should be greater review by the Conditional Use Process.An Overlay District, if enacted, would apply strictly to the Shore Drive Area and not be extended to other areas of the City zoned B-4. The Planning Commission should be involved more in this process and this will be discussed during their July Session. Relative the variances granted in the residential communities, which are zoned B-5R, the buildings are too large. There is too great a variation in the buildings which have been there for many years with significant dune protection issues. The staff should examine the regulations which pertain to the residential areas, specifically the Ocean Park neighborhood and some of the other neighborhoods on the north side of Shore Drive. As two Boards are working closely together on this matter,Mr. Scott would like to extend this model and work more closely with the Board of Zoning Appeals as they may be aware of occurrences in the Shore Drive Area. BY CONSENSUS, the Planning Commission shall study and make recommendations relative the B-4 and B-5R Zoning in the Shore Drive Area. June 2, 1998 -30- Item V-L.1. NEW BUSINESS ITEM#43632 Upon motion by Council Lady Strayhorn,seconded by Councilman Baum,City Council SCHEDULED FOR CITY COUNCIL SESSION July 7, 1998*: RECONSIDER Application of The Southland Corporation for a Modification to the Green Run Land Use Plan to allow gasoline sales in conjunction with a convenience store and a car wash at the Northeast corner of South Independence Boulevard and Lynnhaven Parkway, containing 2.414 acres (PRINCESS ANNE BOROUGH) (Denied 26 May 1998). (Requested by Council Members Linwood 0.Branch HI and Louisa M Strayhorn) "Since the meeting closed early, time was sufficient to place the add before the 5:00P.M.deadline;therefore,this RECONSIDERATION will be placed on the Agenda for the June 23, 1998, City Council Session at 6:00 P.M." Voting: 5-4 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, HI, Harold Heischober, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M.Henley Reba S.McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Abstaining: William W. Harrison, Jr.. and Louis R. Jones Council Members Absent: None Councilman Harrison ABSTAINED as his law firm provides legal services to the land owner who has contracted to sell the property to the applicant. Councilman Jones ABSTAINED as he is Director of a Bank related to this application. June 2, 1998 -31 - Item V-L.2. NEW BUSINESS ITEM#43633 Sara Hensley,Acting Director-Parks and Recreation, referenced Hampton Roads Soccer Complex and the status of the berm and parking lot construction: Ordinance to establish Princess Anne Park/Soccer Complex as CIP#4-011;transfer$335,000 from CIP#4-935 Princess Anne Park Expansion - Phased Improvements (partial) re site improvements (screening and noise/dust reduction). ADOPTED:February 10, 1998. There have been delays of approximately one month as a result of the weather, as well as problems related to an encroachment situation which involve fencing and a shed. J.Barry Frankenfield, Planner-Parks and Recreation, advised the project was approved on February 10, 1998, the contracter received notice to proceed on April 18, 1998. Work commenced April 21. On the afternoon ofApril 21, the rain began. The contractor has many projects. In addition to the weather, there have been conflicts with the schedule of the Soccer Complex. To build the berm, the ditch must be regraded and this has not occurred in part due to some encroachments involving a shed with electrical conduit on City property. This shed had not been identified on the plans. The project is approximately one month behind. The City Manager advised an encroachment situation exists and until the property owners will allow the City to remove the fence and shed,the landscaping can not be installed. The weather has also delayed the project. The problem cannot be solved until cooperation is received from the people involved. The contractor's equipment is in place and next week they will begin work on the ditch. The striping of the cul- de-sac, the trenching for the pipes and the laying of the pipes to the outfall has been completed. The planting will be delayed until the Fall. Some of the fencing, lots 34, 35 and 36, has been replaced and moved back The last lot contains the shed.. The City Manager advised this particular contractor performs millions of dollars worth of work for the City. Because of the rain, the contractor is going from project to project attempting to appease individuals.If the contractor could address his attention to this one particular job, it would be completed in a very short span of time. June 2, 1998 mow°° CITY OF VIRGINIA BEACH Department of Parks and Recreation Municipal Center-Building 021 Virginia Beach,VA 23456 Phone:(804)563-1100/FAX 563-1130 4\ Date: May 28, 1998 To: James K. Spore C. Oral Lambert Susan D. Walston From: Sara L. Hensley, Acting Director of Parks and Recreation Subject: Follow-up Soccer Complex - Princess Anne Park This memo is to provide a follow-up to questions raised by Council regarding the Soccer Complex at Princess Anne Park. Princess Anne Park Soccer Complex (CIP#4-011) started construction April 21, 1998. As of this date, the striping of the cul-de-sac has been completed, stormwater pipes have been installed and trenching for additional pipes is underway. Staking and layout for the ditch and berm improvements are planned to start immediately (today or tomorrow). The project was anticipated to be completed by June 30, 1998. The project is approximately one month behind schedule at this time. This is due to weather delays, conflicts with fences and a shed which was found to be on City property. These unauthorized encroachments conflicted with the ditch improvements and, subsequently, delayed the berm construction. Ray Emerson, Parks Administrator, plans to meet with the property owner concerning the encroachment issues. This property owner is a long-distance truck driver who works odd hours. The anticipated schedule is to complete the paving and berm by the end of July. All planting will be delayed until next fall. SLH/ksw c: Ray A. Emerson J. Barry Frankenfield - 32- Item V-L.3. NEW BUSINESS ITEM#43634 The Mayor advised that Friday night the Relay for Life was an incredible event. The Taylor family has exhibited extraordinary dedication in memory of their sister and daughter. All year the City Employees have been raising funds for the `Relay forLife". $1,800,000 was raised on the Southside, $82,000 of which was raised by the Virginia Beach City employees. When it comes to generosity and commitment, the City employees are above and beyond the "call of duty".Mayor Oberndorf saluted the City Manager and his staff of professionals. June 1, 1998 sti May 11, 1998 c\ -. MAY 1 2 -q I6 J James K. Spore City Manager aIV MANAGER City of Virginia Beach -- -.=')`VIRGINIA BEACH Municipal Center Virginia Beach, VA 23456-9031 Re: Shore Drive Advisory Commission Dear Mr. Spore: I am writing to you in my capacity as Chairman of the Shore Drive Advisory Commission("SDAC"). At the most recent meeting of the SDAC the members unanimously agreed that there was a serious problem related to B-4 zoning in the area which is the focus of our efforts. Specific problems identified were the lack of pleasing aesthetic qualities to some of the projects in the area . . . the density of hotel and apartment projects being too high . . . and some uses which are now permitted which are perceived to be incompatible with the residential nature of the area. We are writing to ask that you request the Planning Department to consider modifying the B-4 zoning ordinance in this area to permit reasonable review of project aesthetics, reasonable density restrictions and reasonable use restrictions. Any modification to the ordinance should be fair and equitable to all property owners and the objectives of such modifications should be explained to all interested parties. Ideas discussed that might be considered would be things such as providing an overlay district for the BA zoning in the Shore Drive area and the greater use of conditional use permits and lesser use of by-right development. In addition, the notion of using design criteria as a condition of use permits in the area and lessening of density allowed by right should be considered. A In addition to asking the Planning Department to focus on the questions regarding B-4 zoning, we would also like to request that you do whatever possible to cause all existing city laws and ordinances to be enforced. It appears that there are numerous violations of existing laws and ordinances and encroachments on city-owned real estate. To the extent these violations exist and are offensive, they should be eliminated. We would appreciate it if the city could make a concerted effort in this regard. STANTON PARTNERS,INC. REAL ESTATE INVESTMENTS 470 WORLD TRADE CENTER (757)627-1961 NORFOLK,VIRGINIA 23510-1624 (757)627-2768 FACSIMILE James K. Spore May 11, 1998 Page 2 We believe that it is necessary to move forward on these fronts as quickly as possible and ask that you make these two requests a priority. Finally, we would appreciate it if you would share this letter with members of the City Council and the Planning Commission. With best regards, Sincerely, Robert M. Stanton ak pc: Shore Drive Advisory Commission Members Robert J. Scott, Director of Planning H. Clay Bernick, III, Administrator - 33- ITEM#43635 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION,pursuant to Section 2.1-344, Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion,performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (I). To Wit: Performance Evaluation: City Council Appointees 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 2.1-344(A)(3). To-Wit 31 Street Property Rudee Loop Property Upon motion by Councilman Jones, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION(3:05 P.M.). Voting: 9-0 Council Members Voting Aye: John A. Baum, William W Harrison,Jr., Harold Heischober,Barbara M. Henley,Louis R.Jones, Reba S.McClanan,Mayor Meyera E. Oberndorf Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Vice Mayor William D. Sessoms,Jr. June 2, 1998 - 34- ITEM#43636 Mayor Meyera E Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 2, 1998, at 3:35 P.M.. Council Members Present: John A. Baum,Linwood O. Branch, III, William W. Harrison, Jr.,Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None June 2, 1998 - 35- CERTIFICATION OF EXECUTIVE SESSION ITEM#43637 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum,Linwood O. Branch, III, William W.Harrison,Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera K Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 2, 1998 IAB s > _ z ittnuitutitrn CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM#43635, Page 33, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges mith, C City Clerk June 2, 1998 -36- Item V-M. ADJOURNMENT ITEM 8 43638 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:37 P.M. A. 4 AA-2 Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk uth Hodges Smith, CMC/AAE Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia June 2, 1998 - 36- Item V-M. ADJOURNMENT ITEM#43638 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:37 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk Blefradicti uth Hodges Smith, CMC/AAE Meyera E. City Clerk Mayor City of Virginia Beach Virginia June 1, 1998