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APRIL 14, 1998 MINUTES
City of Vi -gi aio [teacl "WORLD'S LARGEST RESORT CITY" CITY COUNCIL AGENDA APRIL 14, 1998 WORKSHOP - Conference Room - A. Proposed RESOURCE MANAGEMENT PLAN (BUDGET) FY 1998-1999 iO:O0~-M BRIEFING - Conference Room - 12 NOON A. SENIOR HOUSING COMMITTEE Council Ladies Barbara M. Henley and Nancy K. Parker Andrew M. Friedman, Director, Housing/Neighborhood Preservation III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL CONCEi~NS INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL 1:30 PM C. RECESS TO EXECUTIVE SESSION VI. FORMAL SESSION A. CALL TO ORDER INVOCATION: Council Chamber - Mayor Meyera E. Oberndorf The Reverend Talmadge T. Markham Charity United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF EXECUTIVE SESSION 2:00 PM Item VI-K. 4. - 29- PUBLIC HEARING ITEM # 43464 PLANNING The following registered in SUPPORT of the application: James H. Mills, Owner - Mills Lawn and Garden, represented himself. The following registered in OPPOSITION: Donald H. Crowder, 900 Commonwealth Place, Phone: 424-1050, Chief Engineer - WCMS Radio, and presented photographs of the application. Said information is hereby made a part of the record. Al Foreman, 900 Commonwealth Place, Phone: 424-1050, Building Manager - C & W Properties. A motion was made by Council Lady Strayhorn, seconded by Council Lady McClanan to DENY an Ordinance upon application of MILLS LAWN and GARDEN/JAMES H. MILLS for a Conditional Use Permit for small engine repair. Upon SUBSTITUTE MOTION by Councilman Harrison, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of MILLS LA IrgN and GARDEN/JAMES H. MILLS for a Conditional Use Permit for small engine repair. ORDINANCE UPON APPLICATION OF MILLS LAWN AND GARDEN/JAMES H. MILLS FOR A CONDITIONAL USE PERMIT FOR SMALL ENGINE REPAIR R04982184 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mills Lawn & Garden/James H. Mills for a Conditional Use Permit for small engine repair on the east side of Commonwealth Place on Lot G-2, Level Green. Said parcel is located at 928 Commonwealth Place and contains 1.54 acres. KEMPSVILLE BOROUGH. The following conditions shah be required: 1. AH repair of lawn and garden equipment shall be performed inside the building. 2. There shah be no outside display of new, used or repaired equipment and/or merchandise. o The facade of the building shah be repaired, and the building shall be painted in earth tone colors that are more in keeping with the surrounding uses, prior to the issuance of a business license. A minimum three-foot (3') planting bed with appropriate foundation shrubs shall be installed along the front foundation of the building, and a minimum of seventy-five (75) square feet of landscaping shall be installed around the freestanding sign, prior to the issuance of a business license. 5. The hours of operation shah be Monday through Friday, 8:00 AM to 5:00 PM and Saturday, 8:00 AM to 1:00 PM. April 14, 1998 Item VI-K. 4. PUBLIC HEARING PLANNING - 30- ITEM # 43464 (Continued) This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of April, Nineteen Hundred and Nine~_ -Eight. Voting: 6-5 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R. Jones and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Barbara M. Henley, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, and Louisa M. Strayhorn Council Members Absent: None April 14, 1998 Item VI-K. 5. PUBLIC HEARING PLANNING - 31 - ITEM # 43465 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an Ordinance upon application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL PARKJNG LOTR04982185 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Conditional Use Permit for a commercial parking lot at the northeast intersection of Atlantic Avenue and 30th Street. Said parcel is located at 3003 Atlantic Avenue and contains 1.03 acres. VIRGINIA BEACH BOROUGH. Councilman Branch advised of his conversation with Parking Systems Management. Signage will be posted advising the parking lot will close at 12:00 MIDNIGHT and this will be vigorously enforced. Councilman Branch will monitor the situation. The following conditions shall be required: The Conditional Use Permit is approved for a period of up to one year. The use must be terminated upon notice from the City Manager. The Conditional Use Permit may not be renewed administratively. The hours of operation for the parkingfacility shall be limited to 8:00 AM to 12 Midnight with an attendant present. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of April, Nineteen Hundred and Nine_ty-Eight. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa 3/1. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 14, 1998 Item VI-K. 5. - 32 - PUBLIC HEARING ITEM # 43465 (Continued) PLANNING Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council RECONSIDERED the Ordinance upon Application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL PARKING LOT R04982185 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Conditional Use Permit for a commercial parking lot at the northeast intersection of Atlantic Avenue and 30th Street. Said parcel is located dt 3003 Atlantic Avenue and contains 1.03 acres. VIRGINIA BEACH BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 14, 1998 Item VI-K. 5. - 33 - PUBLIC HEARING ITEM # 43465 (Continued) PLANNING Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADDED a third condition to the Ordinance upon Application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL PARKING LOTR04982185 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Conditional Use Permit for a commercial parking lot at the northeast intersection of Atlantic Avenue and 30th Street. Said parcel is located at 3003 Atlantic Avenue and contains 1.03 acres. VIRGINIA BEACH BOROUGH. The following condition shall be required: This Conditional Use Permit is subject to the Virginia Beach Development Authority acknowledging and ratifying the application at its next available meeting (Tuesday, April 21, 1998). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 14, 1998 Item VI-K. 6. - 34 - PUBLIC HEARING ITEM # 43466 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinances to AMEND Section 203 of the City Zoning Ordinance (CZO) : On-site parking requirements for restaurants Parking requirements for extremely large shopping centers Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., HaroM Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa 3/1. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 14, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE REGULATIONS PERTAINING TO ON-SITE PARKING REQUIREMENTS FOR RESTAURANTS S~CTION AMENDED: CITY ZONING ORDINANCE § 203 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 203 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 203. Off-street parking requirements. (a) The following specified uses shall comply with the off- street parking requirements designated therefor: Reserved. (30) Restaurants other than drive-in eating and drinking establishments: At least one (1) space per scvcnty fivc ~ Qne hundred (100) square feet of floor area, and one (1) space per one hundred (100) square feet of additional area encompassed by decks, patios and other areas in which seatin~ is provided and food or beverages are consumed. Adopted by the City Council of the City of Virginia Beach on this 14th day of April, 1998. CA-97-6790 ODIN\ PROPOSED\ 45 - 203. ORD April 8, 1998 R-3 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Planning Department Law Department 1 2 3 4 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE REQUIREMENTS PERTAINING TO VEHICULAR PARKING IN CERTAIN SHOPPING CENTERS SECTION AMENDED: CITY ZONING ORDINANCE SECTION 203 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 203 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 203. Off-street parking requirements. (a) The following specified uses shall comply with the off- street parking requirements designated therefor: (33) (i) Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot five (5) to ten (10) acres in size shall have a total of: a. One (1) space per two hundred (200) square feet of floor area of all uses except restaurants and theaters; b. One (1) space per two hundred (200) square feet of floor area of restaurants and theaters occupying, in the aggregate, ten (10) percent or less of the total floor area of the shopping center; c. One (1) space per seventy-five (75) square feet of floor area of restaurants in excess thereof; and d. One (1) space per one hundred (100) square feet of floor area of theaters in excess thereof; (ii) Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot ten (10) to thirty (30) acres in size shall have a total of: 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 a. One (1) space per two hundred (200) square feet of floor area of all uses except restaurants and theaters; b. One (1) space per two hundred (200) square feet of floor area of restaurants and theaters occupying, in the aggregate, ten (10) percent or less of the total floor area of the shopping center; c. One (1) space per seventy-five (75) square feet of floor area of restaurants in excess thereof, and d. One (1) space per one hundred (100) square feet of floor area of theaters in excess thereof; (iii) Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot greater than thirty (30) acres in size shall have a total of: a. One (1) space per two hundred (200) square feet of floor area of all uses except restaurants and theaters; b. One (1) space per two hundred (200) square feet of floor area of restaurants and theaters occupying, in the aggregate, fifteen (15) percent or less of the total floor area of the shopping center; c. One (1) space per seventy-five (75) square feet of floor area of restaurants in excess thereof; and d. One (1) space per one hundred (100) square feet of floor area of theaters in excess thereof; (iv) Notwithstanding the foregoing provisions, in the event the total parking requirement of the individual uses within a shopping center is less than that required 2 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 (v) pursuant to (i) or (ii) hereinabove, the lesser requirement shall apply; Any provision to the contrary notwithstanding, the parking requirement for shopping centers with more than five hundred thousand (500.000) square feet of gross leasable area shall be four and one-half (4.5) spaces per one thousand (1000) square feet of gross leasable area. regardless of the mix of uses within the shopping center, provided the following circumstances apply: a. The shopping center in its entirety is zoned either B-2, B-3, or B-3A: b. The gross leasable area to which this section applies must either be all on the same zoning lot or all in one continuous building; and C, The shopping center must be served by ma~ transit. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of April, 1998. CA-98-6893 Wmm/Ordres/45 - 203a. ord March 11, 1998 R-2 APPROVED AS TO CONTENT APPROVED AS TO LEaAL SUFFICIENCY Department of Planning Department of Law 3 Outreach efforts in the next twelve months will take both direct and indirect forms. Indirect forms of outreach result from improvements to the services listed above, while direct outreach effurts involve the following: · using the Institute Web page as an effective marketing tool because of its instant availability to a large audience, .sponsorship or involvement in furums, conferences, and other appropriate events around the state and within communities, .conducting personal visits to individual localities and with legislators, and .maintaining high visibility with public official organizations through active participation in meetings and annual conferences, and by publishing articles in organization newsletters and journals. 1.1 Conduct topic-specific programs. Those currently under discussion are: · A 3-hour round table discussion on municipal bond financing, to be delivered on site in the southwest and southside regions of the state and conducted by an attorney and financial consultant specializing in monetary planning, oA 1-day session on sustainable development, to be held in Richmond in collaboration with ICMA. Local and national experts would highlight indigenous sustainability efforts and offer ideas for integrating sustainability into day-to-day decision making, oA 2-day seminar on community building to be held in Charlottesville for larger jurisdictions with complex, diverse populations. The focus would include best practices and strategies for achieving more meaningful public discourse and successful relationship-building among local residents, associations, and governmental institutions. · Performance measurement and benchmarking training as a follow-up to June teleconference. Additional training would be tailored to specific Virginia needs, e.g. performance measurement fbr CSA. 1.2 Implement Leadership 20/20: internship program for local governments. 1.3 Develop a database of trainers and establish criteria for inclusion in the database. 1.4 Continue meetings with public official organizations to determine training needs of their membership. 1.5 Meet with institutions of higher education to determine their training capabilities and to identify an expanded network of quality trainers. For example, work with community colleges to provide regional training fur local government officials. 1.6 Continue to expand the Master Training Calendar. 1.7 Provide Web page and Intemet training for individual localities. 2.1 Enhance the Institute's Web page to make it the preeminent Web resource for Virginia local governments. Streamline existing features and offer an increased number of links to other resoumes: public policy institutes, professional associations, government information sites, and subject indexes. 2.2 Investigate, with the Innovation Groups and others, the technical capacity and potential tbr an electronic library service. The library would include Virginia-specific information, such as: · best practices, .statistical data, .documents, such as contracts and RFPs, .municipal codes and charters, -job descriptions, and .links to other such librahes across the country. 2.3 Collaborate with other partners on the development of a state-wide survey of lnternet use and capability among Virginia local governments. 2.4 Continue to develop and host Web sites ~br members who request this service. Work with members to help them assume the maintenance of these sites. Currently under discussion is Web page development for the Virginia Local Government Management Association and the Virginia Municipal League, to be based on the model which the Institute developed for Local Government Attorneys of Virginia, Inc. 2.5 Continue to develop and enhance Institute Web Page features, including: · searchable Master Training Calendar, -Community Networking Map, oE-mail network of local governments, -Web page tutorials, and .links to related resources. 3.1 Continue rapid-response to member inquiries on local government questions. 3.2 Continue to identify Internet-based resources to increase the lnstitute's capability to respond to technical assistance inquiries. 3.3 Develop a database of technical assistance inquiries and responses to improve follow-up and to provide a reference for commonly-asked questions. 3.4 Conduct on-site visits with small and medium-sized member localities to assess their technical-assistance needs. 3,5 Develop plan to address recognized technical assistance needs. 4.1 Publish and disseminate the combined Virginia Local Government Management Association/Virginia Association of School Superintendents study of school/local government collaboration. 4.2 Continue discussions with the City of Lynchburg regarding a proposed welfare reform study 4.3 Identify potential research partners available through higher education and other public and private sources. 5.1 Nurture relationships with public official organizations by: · active participation in association conferences, .maintaining individual contacts, and .seeking recognition of Institute activities in association publications. 5.2 Conduct personal visits to state legislators to update them on Institute services and programs. 5.3 Visit non-member localities to stimulate membership growth. 5.4 Enhance visual impact and usability of Web page to improve its function as a marketing tool. 5.5 Pursue opportunities to lbster alliances with other public organizations, such as collaborating with the International City/County Management Association tbr the summer 1997 Slovakian visit. c :~home\bill\wkshpb99.out ViRGiNIA SOIL & WATER (: © N S E R V A T I 0 N Virginia Dare Soil & Water Conservation District P.O. Box 6097 Virginia Beach, VA 23456 (757) 427-4775 Fax 426-56B4 From: Re: [)ate: Virginia Beach City Council W. Lyle Pugh, Chairman Virginia Dare Soil & Water Conservation District Funding Request April 30, 1998 It has come to our attention that Council is considering eliminating funding to the Virginia Dare Soil and Water Conservation District (SWCD) for the upcoming fiscal year. As you may already be aware, the Virginia Dare SWCD provides a variety of services to the citizens of both Virginia Beach and Chesapeake on a relatively small budget. We currently have only two full-time employees, a District Manager who is responsible for all educational programming, as well as the agricultural best management practices cost-share and tax credit programs. We also employ an Administrative Secretary, who handles correspondences and bookkeeping for the District. We currently receive $8,000 from the City of Virginia Beach (and from Chesapeake), which is used to match state grants which total $46,245 for personnel and operations. Elimination of these funds would mean that we would no longer provide full services to the City of Virginia Beach and that we would have to reduce our small staff. Cooperators not served by a conservation district may not be eligible for the $37,463 in agricultural cost-share funds from the Water Quality Improvement Act specifically for the southern watersheds, or $2700 for the Chesapeake Bay watershed. By eliminating the $8,000 we currently receive, the City of Virginia Beach will lose more than $86,000 in direct services and cost-share. I am providing for your information, copies of our District activity reports for our year to date activities. These reports are submitted to our state funders, the Department of Conservation and Recreation, as well as the City of Virginia Beach. From these documents, you will see the types of services the City receives for its investment. In most cases, we typically exceed our projected level of service. We are committed to helping the Council achieve its priority of protection and use of our natural resources and environment. If you have any questions, feel flee to contact me or our District Manager, Julie Hillegass. A partnership to conserve natllrai resources Attachment C (SWCDs outside the Chesapeake Bay) QUARTERLY REPORT Attachment E CBay SWCDs) TO DeR Soil & Water Conservation District:_ Virginia Dare (~) Date Prepared: April 6, lgg8 __Prepared by: Gai] Slaughenhaupt SWCD PRO( tMS & ACTIVITIES _Nutrient Mana~,ement: Plar~ completed: Acres planned: Soil samples taken: Manure aample~ taken: Equipment cal~rations: Other: (specify) Site vi-~-t(s)/a~'~';~cs landowners A.~ co ]Zeg Spec, F~ct Urban NP,c; Reduction Activities F_~S plan reviews: On-site F_.&S inspections: Stormwater mgmt.a~sists and/or flood plain referrals: E~.S complaints responded tO: ~:~:$ plan approvals: Rezoning reviews: Other: (specify) ~aore].uae adv'~Orie~/m.ce ~,,.hr. er ealLrt~CY Test.u~ · In the first column, insert the projected number for thc nc.ct 12 months -this may be based on last year's output. LYban N~3 Reduction Actl~.lLie$ con':. local gov'tS/POEs 48 19 l~ 26 NARRA-I l VE _------------- DCa:nbc antiviur~ of dixector~ &- staff 1234 Plza~.~ review,ed for ta~ credit 4 ~ laclu~: highlights of E~:S and u/ban ~S presentations to adults: No. of attendees: Presentations to youth: No. of'attendees: No. of cd. wrincn publications: produced Field events/demonstrations: Other (specify): Net~sler.:er Cir~t, latio~l Complaint investigations: Farm cons, plans prepared: Acres planned: Plans reviewed: Other (specify): 4 NARRATIVE SUmm.~'w ed. initi~uves mclu~n6 statf& di~tor ~'orcs wdi¢ld da.vs. ~m~. dis~rib~,, of public.~ions,~- pmvida an owrV~v ofDism¢: mvoi~-nt w/f~rm~r ~:~. invemgau°ns' & pinnmng.., FoLlow-uP with prodhcer Ulxiates to Bo~ at tach p~rd ~et~n~ Other ~¥fisc NP$ Reduction District Board Mtgs No. of meetings w/a quorum of directors: No. of meetings w/out a quorum of ciirc~'tors: No of conservation plans approved by SWCD Bozrd continued... a.~ompl~k,,~,~, pmbl,,-~,~, plans, etc... Pa~e 2 711/~7 thru 6/30/~8 [ (Quartet'J) SwCD PROGRAMS & ACTIvrFI~S I I Z 3 4 NARRATIVE Conservatwn ~-qmpm No-till acres seeded: Acres planted ia tree seedlings: Acres mulched: N'PS Reduction Volunteer time Total Director hours: Total Aasociate Director hfs: Total other Volunteer hfs: Other: (List below, describe, and define me"':ureablc act~na~ Far Co~,orc~znsive Watershed. (Suamaatiz~ Diswict support and mvoivemmt with: 1) TribmmT SIr~&y i~itiaav''~ 2) Small Wa~'sh~i pml~cts 3) Tar~m:d TMDL ~-,.~n segments or pn°nw wau:r~hed 5) Caasci. cuenc / Agen"~,' gl:X:~,te5 Re~or~ drafted ..~ Sou~,hern l~acer~d~ S~ecZal Area Hgt. progma (S;~) ?~etzngs Attended Specify I4U number(s) ~ summ~nz: SWCD suppon until lq~S r~ducuon cffoilS 2 3 a Conr_ractUal obligationS ccrmplece~ dais quarter Final draft co [~ for revz~,' prior to presentation to General Amsemblv C,~rlx. ne]OtlatL~.% contract for mci ,~eliver~bles Page 3 SWCD PROGRAMS & ACT1VI'T~S ~cert~g practice sigaup (data mstallauan will be taHimt from Cast-Share program quarterly mparts) Ct:~Ll.e a o3apr~ensive gui. de all agricultural sv, C,frp~ w~ a/'24t97 NARRA'rlV~ Sugu~mrtz. g a~:~nmpiLmhm~, probiga'u-m 1M_~:ricr. ~ and .a~jaLa-,. Secretary attended C~-t-Share Software Trairting Site visits: 6 5r~11 a~iting c~ntract for retch funds fr~ Hle53C Sice visits: 4 o ~o s ntrl~. 'I) -8- CITY COUNCIL CONCERNS 12:44 P.M. ITEM # 43446 Council Lady Parker referenced her correspondence of April 1 O, 1998, relative the City Line Road. Council Ladies Parker and Strayhorn attended another meeting with some of the members of the College Park neighborhoods and Senator Schrock. At this meeting it was expressed by members present that they objected to any impact in the College Park neighborhood by City Line Road or the proposed interchange. They believe the term utilized in the Resolution adopted by City Council on April 7, 1998, "...minimize the impact" was not sufficient. They do not want any part of any interchange to impact their area. Concern was expressed relative the impact any losses in residences would mean to their community center and pool in the form of an interchange. The Farmingham neighborhood assesses their homeowners approximately $240 [br each of the 125 homes..4 loss of even ten homes would be a loss of $2400 in dues which would have to be absorbed by the remaining homeowners. Mr. Dale Castellow, the City's Transportation Planner Coordinator, advised City Council that k'DOT's Consultant has recommended removing ~41ternative "C" (College Park Boulevard alignmenO from the study. April 14, 1998 -9- ITEM # 43447 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, April 14, 1998, at 12'44 PM. Council Members Present: John A. Baum, Linwood O. Branch, III, William I'E 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 April 14, 1998 ITEM # 43448 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 MATI'ERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, per.[brmance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Virginia Beach Crime Task Force Wetlands Board 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). 15th Street - Virginia Beach Borough Princess Anne Borough - 2 items Lynnhaven Borough 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). City of Virginia Beach v. Blue Cross and Blue Shield of Virginia (Trigon) Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. l~oting: 11 - 0 ouncd Members Voting Aye: John A. Baum. Linwood O. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara 3~ 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 April 14, 1998 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 14, 1998 2:00P. M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 14, 1998, at 2.'00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, HI, 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 Talmadge Z Markham Charity United Methodist Church Reverend Markham presented copies of The Ten Commandments on behalf of Charity United Methodist to the Mayor. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed the only matter on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank is Item K. 2 (LADM Associates, Lena Sancilio and Contractor's Paving Company, Inc.) on which he will ABSTAIN. The Vt'ce Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter qf January 1 1998. is' hereby made apart of the record. April 14. /998 Item VI-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 43449 Upon motion by Vice Mayor Sessoms, sseconded 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: 1 l - 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara ~ Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa 11~ Strayhorn Council Members Voting Nay: None Council Members' Absent: None April 14, 1998 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 # 43448, Page 10, 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 Smith, CMC/AAE City Clerk Apfil14,1998 -13- Item VI-F. 1. MINUTES ITEM # 43450 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 7, 1998. Voting: l I-O Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, William V~ 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 April 14, 1998 Item VI-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 43451 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 14, /998 Item VI-G. 2. -15- PRESENTATION ITEM # 43452 Mayor Oberndorf introduced James Bright, Chief Forestry Warden, to make a presentation to City Council and acknowledge their endeavors toward protecting and nourishing trees. Warden Bright introduced Tony Sanderson, Forester, who expressed appreciation to the Mayor and Members of City Council for their support in promotlng urban and rural forestry. Warden Bright advised Dogwood seedlings and planting instructions wouM be distributed to each Member of City Council. April 14, 1998 Item VI-H/J. - 16- RESOL UTION/ORDINANCES ITEM # 43453 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED IN ONE MOTION, Resolution 1, and Ordinances 1 a/b, 2 and 3 a/b/of the CONSENTAGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn (buncil Members Voting Nay: None 6buncil Members Absent: None April/4. 1998 Item VI-I~]. -17 RESOLUTION ITEM # 43454 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution to approve issuance of the Virginia Beach Development A uthority's Multi-Family Residential Rental Housing Bonds.. Silver Hill at Thalia, LLC 4353 Bonney Road (KEMPSVILLE BOROUGH $4, 400, 000. O0 Voting: l l-O (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, 11I,, William ~ Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa ~ Strayhorn Council Members Voting Nay: None Council Members Absent: None April 14, 1998 RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS FOR SILVER HILL AT THALIA, LLC WHEREAS, the City of Virginia Beach Development Authority (the "Authority') has held a public hearing on February 24, 1998 with respect to the application of Silver Hill at Thalia, LLC (the "Company") for the issuance of the Authority's Multi-Family Residential Rental Housing Bonds in an amount not to exceed $4,400,000.00 (the "Bonds") to assist the Company in acquiring approximately 3± acres of land located at 4353 Bonney Road, Virginia Beach, Virginia and developing, constructing and equipping on such land an approximately 142-unit apartment complex for elderly and disabled residents of low and moderate income to be located at 353 Bonney Road, Virginia Beach, Virginia (collectively, the "Facility"); and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Tax Code"), provides that the highest elected governmental officials of the governmental units having jurisdiction over the issue of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located shall approve the issuance of such bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, Virginia (the "City"), the Facility is or will be located in 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 60 calendar days from the date of the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such bonds; and WHEREAS, the Authority has favorably considered the Company's application and a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed on, 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; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The City Council approves the issuance of the Bonds by the Authority to assist in the financing of the Facility for the benefit of the Company to the extent of and as required by Section 147(f)(2) of the Tax Code and Section 15.2-4906 of the Virginia Code. The approval of the issuance of the Bonds, as required by Section 147(t)(2) of the Tax Code and Section 15.2-4906 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, as required by Section 15.2-4909 of the Virginia Code, 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, credit nor taxing power of the Commonwealth of Virginia, the City or the Author~ity shall be pledged thereto. 3. In adopting this Resolution, the City, including its elected representatives, officers, employees and agents shall not be liable and hereby disclaims all liability 2 1998. for any damages to any person, direct or consequential, resulting from the Authority's failure to issue the Bonds for any reason. 4. This Resolution shall take effect immediately on its adoption. Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on April 1~4~ 86457002\Council Resolution 3 Development Authority One CoLumbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 --4' 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 E Palmer April 7, 1998 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Silver Hill at Thalia, LLC Multi-Family Residential Rental Housing Bonds Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with a project for Silver Hill at Thalia, LLC, a Virginia limited liability company located at 353 Bonney Road in Virginia Beach, Virginia. (1) Evidence of publication of the notice of heating 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. (4) The Fiscal Impact Statement is attached as Exhibit F The Honorable Meyera E. Obemdorf, Mayor Members of City Council Page 2 Aph17,1998 (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. S WB/GLF/rab Enclosures Very truly yours, Vice-Chair EXHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED MULTI-FAMILY RESIDENTIAL RENTAL HOUSING BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notice is hereby given that the City of Virginia Beach Development Authority (the "Authority") whose address is Suite 300, One Columbus Center, Virginia Beach, Virginia, will hold a public hearing at 8:30 a.m. on Tuesday, February l?, 1998, on the Application and Plan of Financing of Silver Hill at Thalia, LLC (the "Company"), for the issuance of the Authority's Multi-Family Residential Rental Housing Bonds pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"), in an amount not to exceed $4,400,000 to assist the Company in the acquisition of a 3+/- acre parcel of land in Virginia Beach, Virginia, on the south side of Bonney Road having a street address of 4353 Bonney Road, and ~the development, equipping, and construction on such land of an approximately 142-unit apartment facility for elderly and handicapped residents (the "Project") As required by the Act, the Bonds will not pledge the credit or taxing power of the City of Virginia Beach, Virginia, or the Authority, but will be payable solely from revenues derived from the Company and pledges of those revenues Any persons interested in the issuance of the Bonds or the location or nature of the proposed Project may appear and be heard. A copy of the Company's application is on file and is open for inspection at the Authority's office dunng business hours. City of Virginia Beach Development Authority 86457002/notice of public h~axing !HF VTRG)NIAN-PILOT BZLLED ACCOUNT CLARK & STANT, 900 ONE COLUHBUB CENTER VZRGZHZA BEACH, VA ER4&2 87 02/1S/q8 State of Virginia City of Norfolk t°-"~t: ~ID~VIT This day O. Johnson personally appeared before ma and after being duly sworn made oath that: (1) (Ha) (She) is affidavit clark of The Virginian-Pilot a newspaper published by Landmark Communications Thc., in the c~ties of Norfolk, Portsmouth, Chesapeake, Suffolk, and VirgSn~s Beach, State of Virginia; (2) That the advertisement hereto annexed at IONS has been published sa~d neNspaper during the following dates: 02/07/98 - 02/10/98 Affimnt Submer~bed and swo~n to before me ~n my e~y and state aforesaid th~s XSTH day of ~RUARY 1998 ~ commissiofl expires AUGUST 31, 1999 Notify Public CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING ON FEBRUARY 24, 1998 (Silver Hill at Thalia, LLC Project) The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request Silver Hill at Thalia, LLC (the "Borrower"), and that a Notice of the Hearing was published once a week for two consecutive weeks in The Virginian-Pilot, a newspaper having general circulation in the City of Virginia Beach, Virginia. Such public hearing was originally noticed for February 17, 1998, but at the Authority's meeting on such date, the public hearing was continued until February 24, 1998. Such public hearing was held not less than six days and not more than 21 days after the second notice appeared in The Virginian-Pilot. A copy of the Notice and Certificate of Publication of such notice have been filed with the records of the City Council of the City of Virginia Beach. hearing: The following individuals appeared and addressed the Authority at such public C. Grigsby Scifres, an attorney with Clark & Stant, P.C., appeared on behalf of' the Borrower. Mr. Scifres gave a brief description of the proposed financing and explained that the proposed issuance of bonds (the "Bonds") would be used to assist the Borrower in financing the acquisition of a 3 4- acre parcel of land in the City on the south side of Bonney Road, having a street address of 4353 Bonney Road, and the developing, equipping and construction on such land of an approximately 142-unit apartment facility for elderly and disabled residents, together with all necessary and related personal property, furniture, fixtures and equipment (collectively, the "Facility"). Mr~ Scifres outlined certain benefits inuring to the City of Virginia Beach and its citizens, including the providing of affordable housing for elderly and disabled residents of the City, approximately $77,000 per year of direct tax revenue to the City, a construction payroll of $200,000, approximately 80 construction jobs, approximately four new permanent jobs with an annual payroll of $83,000, approximately $4,500,000 of goods and services pumhased within the City during construction and approximately $175,000 of goods and services purchased per year during operation of the Facility, and a total capital investment of approximately $5,000,000. In addition, Mr. Scifres noted that the Borrower will spend approximately $120,000 improving the property running along Thalia Creek. Mr. Scifres further noted that the necessary zoning change and Conditional Use Permit has been approved by the Planning Commission and that it has been forwarded to the City Council for approval, the Chesapeake Bay Preservation Board has approved the proposed development of the Facility, and the City's Department of Housing and Neighborhood Preservation has endorsed the development of the Facility as meeting a shortage of housing designed to meet the need for elderly dwellings for low and moderate income individuals. Finally, Mr. Scifres noted that the development of the Facility has been endorsed by the City's committee charged with dealing with senior citizen isstles. Mr. Richard M. Waitzer and Mr. Scott D. Waitzer also appeared and made brief comments further highlighting the points made by Mr. Scifres, as outlined above, and answered specific questions raised by members of the Authority No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of $4,400,000 of multi-family residential rental housing bonds in support of the proposed financing and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular special meeting at which this matter can be properly placed on the Council's agenda for hearing. -2- EXHIBIT C RESOLUTION OFTHECITYOFVIRGINIABEACH DEVELOPMENT AUTHO~TY WHEREAS, in the City of Virginia Beach, Virginia ("City"), there is a significant shortage of affordable, sanitary and safe residential rental housing property for elderly individuals and families, including those of low or moderate income; and WHEREAS, the provision of financing of affordable, sanitary and safe residential rental housing property in the City for elderly individuals and families, including those elderly individuals and families of low and moderate income, will be in the public interest and will benefit the inhabitants of the City and the Commonwealth of Virginia ("Commonwealth") through the promotion of their sa~ty, health, welfare, convenience and prosperity; and WHEREAS, private enterphse has been unable, without assistance, to plan, acquire, develop, construct, repair, rehabilitate or maintain adequate aftbrdable housing or provide significant long-term mortgage financing for such projects; and WHEREAS, the availability to private developers of below-market interest rate loans is necessary to promote and assist the planning, acquisition, development, construction, rehabilitation, repair and/or maintenance of such projects; and WHEREAS, representatives of Silver Hill at Thalia, LLC, a Virginia limited liability company (the "Company"), have applied to the City of Virginia Beach Development Authority ¢'Authority') for assistance in financing the acquisition of a 3 +/- acre parcel of land in the City, on the south side of Bonney Road having a street address of 4353 Bonney Road, and the developing, equipping and construction on such land of an approximately 142-unit apartment facility for elderly and handicapped residents, together with all necessary and related personal property, thmiture. fixtures and equipment (collectively, the "Facility"); and WHEREAS the Company in its appearance before the Authority and in its application has described the benefits to the City and has requested the Authority to issue its multi-family residential rental housing bonds under Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"), in such amounts as may be necessary to finance costs to be incurred in financing the Facility; and WHEREAS, a public hearing has been held as required by § 147(f) of the Internal Revenue Code of 1986, as amended, and by § 15.2-4906 of the Code of Virginia of 1950 as amended, on February24, 1998; and WIiEREAS, the Company has requested the Authority issue its bonds in an amount not to exceed $4,400,000 (the "Bonds") for the benefit of the Company to finance the Facility; and WHEREAS, the Authority was created to serve certain purposes, among which are those of promoting the safety, health, welfare, convenience and prosperity of inhabitants of the City and the Commonwealth by assisting in the planning, development, acquisition, construction, repair or rehabilitation of aflbrdable, sanitary and safe facilities used primarily for multi-family residences; NOW, THEREFORE. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority finds that (i) there is a significant shortage of aflbrdable, sanitary and safb residential rental housing facilities in the City for elderly individuals and families, including those elderly individuals and families of low and moderate income, (ii) the provision of financing ot' such facilities by the Authority will be in the public interest ant] will benefit the inhabitants ot' the City and the Commonwealth through the promotion of their safety, health, welfare, convenience or prosperity, and (iii) the issuance of the Bonds will be consistent with the purposes of the Act and 2 the powers of the Authority. 2. To assist the Company with respect to the Facility, the Authority agrees to undertake the issuance of its multi-family residential rental housing bonds in an amount not to exceed $4,400,000 on terms and conditions to be mutually agreed on between the Authority and the Company. The Facility shall be leased or sold by the Authority to the Company pursuant to a lease or installment sale agreement which will provide payments to the Authority sufficient to pay the principal of and premium, if any, and interest on the Bonds and to pay all other expenses in connection with the maintenance of the Facility. The Bonds will be issued in form and pursuant to terms to be set by the Authority, and the payment of the Bonds shall be secured by an assignment, lbr the benefit of the holders of the Bonds, of the Authority's rights to payments under the lease or installment sale agreement and may be additionally secured by a deed of trust and assignment of leases on the Facility. 3. It having been represented to the Authority that it is necessary to proceed immediately with the construction and equipping of the Facility, the Authority hereby agrees that the Company may proceed with plans for the Facility, enter into contracts for acquisition construction and equipping 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 Facility. The Authority agrees that the Company may be reimbursed from the proceeds of the Bonds for all lawful costs so incurred by it. 4. The Authority hereby agrees to the recommendation of the Company that Clark & Stant, P.C., Virginia Beach, Virginia, be appointed as bond counsel and hereby appoints such fim~ to supervise the proceedings and approve the issuance of the Bonds. 3 5. The Authority hereby agrees, if requested, to accept the recommendation of the Company with respect to the appointment of a placement agent or underwriter for the sale of the Bonds and a remarketing agent fbr the remarketing of the Bonds pursuant to terms to be mutually agreed on. 6. All lawful costs and expenses in connection with the financing and the acquisition, construction and equipping of the Facility, including the fees and expenses of the Authority, counsel for the Authority, bond counsel and the placement agent or underwriter for the sale of the Bonds and the remarketing agent for the remarketing of the Bonds, shall be paid fi'om the proceeds of the Bonds or by the Company. If for any reason such Bonds are not issued, or such Bonds are issued but it is determined that a part or all of such costs are not lawfully payable out o~' Bond proceeds, it is understood that all such expenses shall be paid by the Company and that the Authority shall have no responsibility therefore. 7. In adopting this Resolution, the Authority intends to declare "official intent" toward the issuance of the Bonds within the meaning of regulations issued by the Internal Revenue Service pursuant to § 103 and §§ 141-150 of the Internal Revenue Code of 1986, as amended, including § 1.150-2 of such regulations. 8. The Authority hereby recommends that the City Council of the City (the "Council") approved the issuance of the Bonds and hereby directs the Chairman or Vice-Chairman to submit to the Council the statement in the fbrm prescribed by § 15.2-4907 of the Code of Virginia of 1950, as amended, a reasonably detailed summary of the comments expressed at the public hearing required by § 15.2-4906 of the Code of Virginia of 1950, as amended, and a copy of this Resolution. 9. This Resolution will take effect immediately on its adoption. The undersigned hereby certifies that the above Resolution was duly adopted by the 4 C, ommissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on February 24, 1998, and that such Resolution is in full force and effect on the date hereof. Date: February 24, , 1998. Secretary, City oi~Vi[ginia Beach Development Authority 86457002/resolution of vbda-cgs Applicant: All Owners (if different from Applicant): Type of Application: EXHIBIT D DISCLOSURE STATEMENT Date: April 6, 1998 Silver Hill at Thalia, LLC None $4,400,000 Multi-Family Residential Rental Housing Bonds to assist the Applicant in financing the acquisition of approximately 3 acres of land and the development, construction and equipping of a 142-unit apartment facility thereon for elderly and disabled residents of low and moderate income in the City of Virginia Beach. 1. If the Applicant is a Limited liability company, list all of the members and managers of the limited liability company: Richard M. Waitzer, sole member and manager of the company. 2. The Applicant is the owner of the Project. SILVER HILL AT THALIA, LLC, a Virginia limited liability company Sole Member and Manager 86457002\Disclosure Data Development Anthority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 F. Dudley Fulton, Chair Stephen W. Burke, V~ce-Chair W. Bramley Basnight III, Secretary David A. King, Jr., Assistant Secretary Kenneth D. Barefoot, Treasurer Elizabeth A. "Betsy" Duke Kenneth F. Palmer EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $4,400,000 MULTI-FAMILY RESIDENTIAL RENTAL HOUSING BOND& SERIES 1998 The Authority recommends approval of this financing. The proceeds of the Bonds to be issued will be used to assist the Applicant in financing the acquisition of land and the development, construction and equipping on such land of the 142-unit multi-family residential apartment project for elderly and disabled residents of low and moderate income. The Applicant's project will result in approximately $5,000,000 of new capital investment in the City. The development of affordable housing for elderly and disabled residents in the City, along with the capital investment, construction payroll, direct tax revenue and creation of jobs constitutes the basis for this recommendation. Primarily, this financing will assist the City in meeting the affordable housing needs of its elderly and disabled population. EXHIBIT F FISCAL IMPACT STATEMENT DATE: February 24, 1998 THE CITY COUNCIL OF VIRGINIA BEACH. VIRGINIA SILVER HILL AT THALIA, LLC Multi-Family Apartments for Elderly TO: PROJECT NAME: TYPE OF FACILITY: I Maximum amount of financing sought $ 4,400,000 Estimated taxable value of the facility's real property to be constructed in the municipality $ 5,000,000 3 Estimated real property tax per year using present tax rates $ 61,000 4 Estimated personal property tax per year using present tax rates $ lt850 5 Estimated merchant's capital(business license) tax per year using present tax rates N/A Estimated dollar value per year of goods and services that will be purchased locally Construction: $4,500,000 Annually: $ 175,000 7 Estimated number of regular employees on year round basis 4 8 Average annual salary per employee $ 21,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto City of~a~nt Authority By S~e~elt W. Bu~e Vice-Chair EXHIBIT G SUMMARY SlatE, ET CITY OF V1RGnqlA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1 2 3. PROIECT NAME: SILVER HIlL AT TMALIA, LLC 3 acres; 4353 ~onney Road, Virginia Beach LOCATION: DESCP. IPI/ON OF PROf~CT: Apartments for elderly and disabled of of low to moderate ir. come AMOLrNT OF BOND ISSLF5 $ 4,400,0o0 Richard M. Waltzer PRIIWCIPALS: NOTE: ZONING CLASSI~ICATION: a. Present zoning classification of the Propen'y b Is rezonin8 proposed? c, If so, to what zoning classification? Was O-1; Now A-36 with Conditional Use permit Yea x No~ Conditional A-36 with a Conditional USe NOTE: T~$ DOCLr~NT NCgST BE ON §-1/2 x 14 rNCH PLAIN BOb~D PAPER Permit for up to 142 Elderly Apartments. Rezonlng and Conditional Use Permit have been granted. EXHIBIT H City of Virginia Beach INTER-OFFICE CORRESPONDENCE DATE: TO: FROM: SUBJECT: February 16, 1998 F. Dudley Fulton, Chairman City of Virginia Beach Development Authority Andrew M. Friedman, Directo~,~ Depart .m. ent of Housing and Silver Hdl at Thalia, LLC - Applicatio Development Investment Program Fu Family Rental Housing Bonds ~o~GI ~ n~t f ~oamti°E~no mic and Application for Multi- I have reviewed the letter of February 12 from C. Grigsby Scifres regarding the apDlication for bond financing for this project. Based on my knowledge of Silver Hill at Mill Dam and my understanding that there is a need for housing for seniors within the price range that is proposed to be provided, the issuance of the bonds will be in the public interest and will benefit the inhabitants of the City. Please contact me if you have any questions regarding this. AMF:jap c: Gary Fentress T~12 i, - 18- Item VI-J. 1. ORDINANCES ITEM # 43455 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to authorize the City Manager to lease City property known as the Farmer's Market at the intersection of Princess Anne and Dam Neck Roads: Jacqueline Shell d/b/a R & J Produce Space # 1 Virginia Food Services Space #26 Voting: 11-0 (By ConsenO 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, dr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 14. 1998 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 2 3 4 5 ~2 ~3 ~4 ~5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE CITY PROPERTY KNOWN AS SPACE #26 OF THE FARMER'S MARKET LOCATED IN VIRGINIA BEACH, VIRGINIA, TO VIRGINIA FOOD SERVICES AND SPACE #1 OF THE FARMER'S MARKET TO JACQUELINE SHELL, D/B/A R & J PRODUCE WHEREAS, the City of Virginia Beach has leased spaces in the Farmer's Market located at the intersection of Princess Anne and Dam Neck Roads for twenty-two years; and WHEREAS, Virginia Food Services, Inc. desires to enter into a lease agreement with the City of Virginia Beach for the lease of space #26 at the Farmer's Market, in order to operate a "southem, country-style" restaurant; and this Lease shall begin on April 15, 1998 and expire almost eleven months later on February 28, 1999 and may be renewed annually thereafter for two years; and WHEREAS, Jacqueline Shell, d/b/a R & J Produce, desires to enter into a lease agreement with the City of Virginia Beach for the lease of space #1 at the Farmer's Market, in order to sell produce; and this Lease shall begin April 15, 1998 and expire June 30th, 2000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized on behalf of the City of Virginia Beach to enter into a lease with Virginia Food Services, Inc. for space #26 at the Farmer's Market in substantially the form attached hereto and to enter into a lease with Jacqueline Shell d/b/a R & J Produce for space #1 at the Farmer's Market, in substantially the form attached hereto. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of April ,1998. CA-6948 ORD1N\NONCODE\.ORD\CA6948.ORD R-I PREPARED: 4/6/98 APPRQVED AS TO CONTENT: APPROVED AS TO LEGAL Department of Law PROPOSED LEASE TERM SHEET [CITY AS LANDLORD] DEPARTMENT: Agriculture PREMISES DESCRIPTION: That portion of the Farmer's Market known as Space #26 TENANT: Virginia Food Services, Inc.(renewal of existing restaurant lease) INITIAL LEASE TERM: Almost Eleven Months BEGINNING: April 15, 1998 ENDING: February 28, 1999 RENEWAL OPTION(S): Upon agreement of both parties, lease may be renewed each year on March 1st, terminating no later than February 28, 2001 RENT: (A) 16% of gross sales, paid monthly (B) Escalator: none (C) Promotional Fee: $75.00 per month (D) Other Costs: Tenant to maintain premises keep premises in good repair; Tenant to pay for telephone electrical utilities. and and TERMINATION PROVISIONS: After one year, either party can terminate with at least thirty (30) days' written notice; City may terminate for default if after five days' notice, default is not remedied OTHER SIGNIFICANT PROVISIONS: Alterations are not permitted without express written approval by City. Restaurant shall be open for business at least between the hours of 8:00 a.m. and 4:00 p.m. every day with the exception of Thanksgiving Day, Christmas Day and New Year's Day. No alcohol or alcoholic beverages shall be sold or consumed on premises. No smoking shall be permitted on the premises. ; \data\ forms\leases\out line. f rl PROPOSED LEASE TERM SHEET [CITY AS LANDLORD] DEPARTMENT: Agriculture PREMISES DESCRIPTION: That portion of the Farmer's Market known as Space #1 TENANT: Jacqueline Shell, d/b/a R & J Produce INITIAL LEASE TERM: Two years and a month BEGINNING: April 15, 1998 ENDING: June 30, 2000 RENEWAL OPTION(S): None RENT: (A) $278.00, paid monthly (B) Escalator: none (C) Promotional Fee: $30.00 per month (D) Other Costs: Tenant to pay $22 monthly for each heater or air conditioner in the enclosed space. The Lessee will pay $2.50 weekly per unit for the use of additional refrigerators. freezers, ice machines, and other equipment approved by the City Tenant to keep electrical, plumbing and heating and ai~ conditioning units in good repair. TERMINATION PROVISIONS: Either party can terminate with at least thirty (30) days' written notice; City may terminate for nonpayment of rent if after five days' notice, the rent is not paid. OTHER SIGNIFICANT PROVISIONS: Alterations are not permitted without express written approval by City. Lessee shall be open for business at least between the hours of 10:00 a.m. and 5:00 p.m Monday through Saturday and 11:00 a.m. through 5:00 p.m. on Sunday Lessee to be open six days a week May to October and five days a week November to April. No alcohol or alcoholic beverages shall be sold or consumed on premises. FARMER'S MARKET RESTAURANT LEASE THIS LEASE AGREEMENT, made this 15r~ day of At--d-Il998, by and between the City of Virginia Beach, a municipal corporation, party of the first part, hereinafter referred to as the City, and VIRGINIA FOOD SERVICES, INC. , party of the second part, hereinafter referred to as Tenant, whose residence is located at 3408 W. LEIGH STREET, RIC~{MOND~ VA 23230 The City does hereby lease to Tenant the following described premises (hereinafter referred as the "Premises"), being all that certain space outlined on the floor plan (available from Farmer's Market Office), including a Metal StorageShed(approximately 8' by 12'), now located in space No. 26, together with that certain equipment listed on Exhibit B, hereto attached and made a part hereof, all such space and equipment to be leased in an as-is condition, upon the terms and conditions hereinafter set forth. The Premises shall not include the hallway or other space adjacent to the Premises. U P : (a) The Premises shall be used only as a "southern, country-style restaurant" and for the retail sale of minor items of prepackaged food, such as candy, cookies and chewing gum. At a minimum, the Tenant shall ensure that the restaurant is operated and complies with the following general requirements for a southern, country-style restaurant: Serves home-cooked, down-home country style food. Provides for a clean, wholesome, cozy, comfortable, country style, atmosphere. Majority of the food served is prepared and cooked on-site Serving of canned soups, pre- packaged biscuits and powdered eggs shall be prohibited. Dinnerware and stainless steel flatware is utilized in the restaurant. Styrofoam or plastic may be used for take-out purposes only. Napkins, menus, and condiments shall be part of each table setting. At a minimum, condiments shall consist of the following items: salt, pepper, sugar, and sugar substitute. Tenant shall not use, or allow the premises to be used,for any other purpose other than expressly stated m this Lease. (b) No alcohol or alcoholic beverages shall be sold or consumed, nor shall any gambling De permitted, in or upon the Premises at any time, including those times when the restaurant is not open to the general public. Tenant shall not permit containers of alcohol or alcoholic beverages, unopened or otherwise, in or upon the Premises. Tenant shall not conduct, or allow to be conducted, any illicit activity ~n or upon the Premises at any time. (c) Tenant shall not allow any person, other than bona fide employees or other persons approved by the Farmer's Market Manager, to remain in or upon the Premises at any time except during regular business hours when the restaurant is open to the general public (d) The Farmer's Market Office shall have the right to hold .meetings called by the Farmer's Market Manager at the Premises upon one week's written notice to Tenant or with the consent of Tenant in lieu of such notice. 2 ~,J~O~. The term of this Lease shall be for three years, commencing on April 15, 1998 and expiring, unless sooner terminated in accordance with the provisions of this Lease, at midnight on February 28, 1999. Upon the mutual agreement of both parties, the lease may be extended for (2) two additional twelve month periods. 3 RI~NT. (a) Tenant shall each month pay to the City percentage rent in an amount equal to % of the gross sales of Tenant during the preceding calendar month. Percentage rent shall be in cash or check made payable to the Treasurer, City of Virginia Beach, and shall be due and payable by noon on the 15th day of each month or, if the 15th day of the month falls on a Saturday :-.;un(~ay or holiday, by noon on the next day following the 15th day of the month which is not a Saturday Sunday or holiday (b) In the event of Tenant's failure to pay the full amount of any installment of percentage rent when due, Tenant shall be required to pay a late charge in an amount equal to the greater of fifty dollars ($50.00) or ten per cent (10%) of the unpaid balance thereof, together with interest at the rate of ten per cent (10%) per annum, computed on the total amount of unpaid rent plus penalty, until the full amount of accrued rent, penalty and interest has been paid. No payment of any amount of percentage rent nor any acceptance thereof by the City, shall be construed as a waiver of the City's rights to collect the balance of rent due or as a waiver of the City's remedies for default as set forth in this Lease. (c) The term "gross sales", as used in this Lease, shall mean the actual gross receipts, whether wholly or partly for cash or on credit, but excluding monies collected for taxes, received by or for the benefit of Tenant from all sales or other business conducted upon the Premises or in connection with the business of Tenant at the Premises 4 SECURITY DEPOSIT. The Tenant shall place a security deposit with City in the amount of EIGHT HUNDRED DOLLARS ($800.00), due and payable at the time this lease is executed This deposit shall be refunded to the tenant at the termination of this lease, provided that the tenant leaves the premises in satisfactory condition, broom swept and clean, and provided that tenant has complied with all payments and covenants of this lease. Satisfactory condition of premises is to be determined solely by the City 5 AUDIT CLAUSE. Tenant shall keep on the Premises, or at a location made known and acceptable to the City, for a period of at least one (1) year following the end of each lease year, a complete and accurate record of all gross sales of merchandise and services and all other revenue derived from business conducted at, in, from and upon the Premises during such lease year Tenant further agrees to keep for at least one (1) year after the expiration of each preceding lease year all original sales records, sales slips, sales checks and other original sales records. Accurate non-resettable cash registers or an alternative modern accounting system shall be installed, kept and used by Tenant within the Premises, which register or system shall record and preserve, in complete detail, all items comprising gross sales. All such items, including sales tax reports, business and occupation tax reports, income tax returns, financial statements and all other records and books kept by Tenant in relation to its business conducted at the Premises, shall be open to the inspection and audit of the City, or persons designated by the City, during ordinary business hours. Such records shall be kept separately and apart from any records maintained by Tenant in connection with any other business enterprise The receipt by the City of any certified audit statement of Tenant's gross sales, or any payment of percentage rent for any period, or the failure of the City to make an audit for any period shall not be binding upon the City as to the correctness of such statement or payment or bar the City from.collecting at any time thereafter the correct percentage rent due for said period. 6. MANAGEMENT. Tenant and/or an on-site Manager shall be present during the operating hours of the restaurant. Tenant and/or on-site manager shall be responsible for all food service functions and supervision of restaurant staff. On-site manager shall have a minimum of two years consecutive employment in a position with comparable responsibilities in a similar operation. HOURS OF OPERATION. (a) The restaurant establishment contemplated by this Lease shall be open for business at least between the hours of 7:00 a.m. and 4:00 p.m. every day, with the exception of Thanksgiving Day, Christmas Day and New Year's Day, or for reasons of emergencies and necessary repairs. The Farmer's Market Office shall be notified of any hours closed due to said emergency or repair. In addition thereto, the restaurant shall be open for business during all events held at the Farmers Market. (b) The restaurant shall be required to post hours of operation, including hours dunng events, on all entrance doors used by the public. 8. AppEARANCE OF EMPLOYEES. Employees of Tenant shall not wear halter tops, shorts or cutoff shirts while the restaurant is open for business. The appearance of all employees shall at all times be neat and clean. 9. NO PARTNERSHIP OR JOINT VENTURE. (a) It is understood and agreed by the parties hereto that they do not stand in the relationship of partners or joint venturers in connection with the operation of the restaurant establishment contemplated by this Lease. It is further understood and agreed by the parties that neither party shall be held responsible for the debts or obligations of the other (b) Tenant hereby acknowledges and agrees that its employees and agents are those of Tenant and not of the City, and nothing in this Lease shall be deemed or construed to create or imply any employment or agency relation between the City and any of Tenant's employees or agents. 10 RULES AND REGULATIONS. Tenant shall at all times comply with all rules and regulations of the Virginia Beach Farmer's Market and with all federal, state and municipal laws, ordinances and regulations, including the tax laws thereof, pertaining in any way to the use of the Premises or the operations and activities of Tenant pursuant to this Lease. Tenant shall not make or permit any unlawful or offensive use of the Premises or permit any nuisance thereupon. ! 1 REPAIRS AND MAINTENANCE. Tenant shall keep the Premises, and all furniture, fixtures and equipment in good repair, and shall perform general cleaning and housekeeping of the Premises daily. Tenant shall be solely responsible for the cost thereof. The City of Virginia Beach shall be responsible for providing maintenance to the restaurant structure only. The City will provide existing restaurant equipment and furniture as per attached inventory list. Maintenance, repair or necessary replacement of listed items shall be the responsibility of the tenant. The tenant shall provide any additional equipment and/or furniture deemed necessary for the successful operation of the restaurant. 12 ASSIGNMENT OR SUBLETTING. Tenant shall not assign this Lease or sublet or encumber the Premises or any portion thereof, or permit the Premises or any portion thereof to be used by any person or entity other than Tenant or its patrons without the prior written consent of the City. Any purported or attempted assignment, subleasing or encumbrance shall be void and of no force or effect against the City 13 ALTERATIONS AND ADDITIONS. (a) Tenant shall not make, or cause or allow to be made, any alterations, additions or improvements to the Premises without the prior written consent of the City. All alterations, additions or improvements, except as may be removed without damage to the premises, and all fixtures, shall become the sole and entire property of the City upon termination or expiration of this lease. (b) Tenant shall not place, or cause or allow to be placed, any sign or other advertising display or device upon or about the Premises, without the prior written consent of the City. EXHIBIT 14. LIENS AGAINST PREMISES. Tenant agrees to do or permit no act which will cause a lien of any nature to be placed upon the Premises, and further agrees to indemnify the City for any and all liabilities recurred by Tenant, or its agents or employees, claimed or charged against the Premises 15. INDEMNITY AND INSURANCE. (a) Tenant agrees to indemnify, defend and save harmless the City for any and all loss, damage, liability or expense incurred as a result of, or in connection with, the use or occupancy of the Premises by Tenant. Tenant shall procure and thereafter maintain in effect at all times during the term of this Lease a valid policy or policies of Comprehensive General Liability insurance, including products liability coverage, in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) combined single limits. Such insurance shall name the City as an additional insured. Tenant shall, prior to taking possession of the Premises, and as a condition precedent to its~ right to take possession of the Premises, furnish the City with a certificate of insurance evidencing the existence and validity of the insurance required herein. Such certificate of insurance shall state that the policy or policies of insurance named therein will not be canceled, or the amount of coverage provided reduced to an amount below the limits provided for herein, without the giving of thirty (30) days' prior notice to the City. Any annual policies of such insurance shall be renewed, and certificates acknowledging such renewals shall be furnished to the City, not less than thirty (30) days prior to the expiration date of such annual insurance policies. (b) Tenant further agrees to maintain in effect Workers' Compensation ~nsurance in accordance with the laws of the Commonwealth of Virginia during the entire term of this Lease 16 SALE OF ALCOHOLIC BEVERAGES. Tenant shall not sell any alcoholic beverages or apply to the Alcoholic Beverage Control Board, or any successor agency, for any license to sell alcoholic beverages 17 GOODS AND FOODSTUFFS. Tenant shall keep upon the Premises, or have ready access to, sufficient quantities of goods and foodstuffs to have the same available for use without disruption of the business of Tenant. All foods served or sold by Tenant shall be of good quality and shall meet or exceed all applicable federal, state and local regulations and standards. 18 INSPECTION AND ACCESS. (a) The City shall have the right to enter the Premises at any reasonable time, upon reasonable advance notice to Tenant, for the purpose of inspecting the same or to make such alterations, repairs or improvements as the City may deem necessary or desirable (b) The City, by its authorized personnel or agents, shall have the right to enter the Premises at any time, with or without notice to Tenant, in cases of emergency. Tenant shall, prior to taking possession of the Premises, deliver to the City's Building Maintenance Division such key or keys to the Premises as will open the door to the Premises and any doors within the Premises. (c) In addition, the City, by its authorized personnel or agents, shall have the right to enter the Premises for health, fire, and/or safety inspections, with or without notice to Tenant. Tenant shall apply for, and maintain the requirements necessary for any required Health Department permits. Tenant shall provide to the Farmer's Market Manager a complete copy of each Food Service Establishment Inspection Report within twenty-four hours of the receipt thereof from the Health Department. Any improvements or changes in health practices required by such rood Service Establishment Inspection Report shall be completed by Tenant within the time limits prescribed therein 19. BANKRUPTCY OR INSOLVENCY. In the event Tenant shall file for bankruptcy or reorganization or be adjudicated bankrupt or insolvent or make any assignment for the benefit of creditors, or in the event Tenant's leasehold interest in the Premises shall be subjected to execution or legal process, or in the event Tenant shall go into receivership, the City shall have the right to terminate this Lease immediately, irrespective of whether Tenant is in default of any of the terms of this Lease. 20) DEFAULT. (a) In the event Tenant shall abandon the Premises or breach any of the provisions of this Lease, including any provision pertaining to rent, and such abandonment or breach is not cured by Tenant within five days of delivery or mailing to Tenant of written notice of such abandonment or breach, the City shall have the right to terminate this Lease. Such termination shall be effective upon the mailing or delivery to Tenant of written notice of termination. In the event of termination hereunder, the City shall have the right to reenter or relet the Premises and shall have the right to exercise any of its rights and remedies under applicable law. In the event that the Lessee fails to pay the sums owed within five days, the City has the right (in addition to all other rights and remedies provided elsewhere in this lease or by law) to re-enter and take possession of the leased premises, peaceably or by force and to remove, dispose of or withhold any property (including personal property) therein, without liability for damage to and without obligation to store, the property. (b) Notice of breach or abandonment shall be by certified or registered mail addressed to the Tenant at the Premises, by personal delivery to Tenant, or, in the event Tenant cannot be found at the premises, by posting in a conspicuous location upon the exterior of the Premises and mailing by certified mail to Tenant as listed on Page 6, paragraph 32 of this lease In the event notice shall be given by mail, such notice will be deemed to have been given at the time of mailing, and not at the time of any actual receipt of such mail by the Tenant. 21 SURRENDER OF PREMISES. Tenant shall, upon the expiration of this Lease, surrender the premises to the City in as good condition and repair as at the commencement of the term of this Lease, reasonable wear and tear excepted. 22. UTILITIES. The City will be responsible for all utilities connected with demised premises, with the exception of telephone service and electrical utility bill. The Tenant shall pay for all electrical and telephone utilities for the Premises. Tenant will be required to provide the Farmers Market Office. a copy of his/her paid electrical utility bill on an on-going monthly basis. 23. REFUSE. The City shall be responsible for the collection of refuse from the Premises; provided, that Tenant shall place all refuse in such adequate containers as may be required by the City. The term "refuse" does not include new or used cooking oil or other drippings or grease. Tenant shall be responsible for disposal of oil, drippings or grease resulting from the operation of the Premises. 24. EXCLUSIVITY. During the term of this Lease, Tenant shall have the exclusive right to operate the business of a "Country Style" Restaurant contemplated herein. "Country Style" means that Tenant may carry such items as country style breakfast, lunch, and dinner. The City shall not authorize or allow the conduct of any similar Country Style Restaurant within the Farmer's Market; provided, however, that the City may authorize other types of restaurants by annual tenants of the Farmer's Market. The food or beverages to be sold will be determined by the Farmer's Market Man~agement Team. The Management Team may also authorize other annual tenants permission to sell food or beverages, provided they remain within their market "mix" as defined in paragraph 6 of the Farmer's Market Lease Agreement, and apply in writing to the Farmer's Market Management Team. Furthermore, during special events and promotions, the City may also allow the sale or dispensing of food and beverages by persons other than annual tenants without prior notice. 25) TERMINATION AND RENEWAL: (a) This Lease will not renew automatically at the conclusion of the term. The Citv ~etains the option after the expiration of this lease of extending this lease on a month to month basis (b) After the first year, this Lease may be canceled by written notice of either party To cancel the Lease, a party must submit written notice of intention to terminate the lease, at least thirty (30) days prior to the effective date of the termination, requested. In the event of such termination, Tenant shall pay the rents due to the City, through and including the date of termination, in the manner expressed in Paragraph 3. In the event of such termination, Tenant shall surrender the Premises pursuant to Paragraph 20. 26. pROMOTIONAL FEE, Tenant shall be required to pay a promotional fee in the amount of $75.00. This fee is to be paid monthly and added to the amount of the cash or check payment for rent (see paragraph 3), 27. CASUALTY. If 20% or more of the rentable area of the Farmer's Market is at any time destroyed or damaged (including, without limitation, by smoke and water damage) as a result of fire, the elements, accident, or other casualty, whether or not the Leased Space is affected by such occurrence, then the City may, at its option, terminate this Lease, effective upon ten days written notice of such termination, by hand delivery or by mail, without indemnity or penalty payable or any other recourse by the Lessee. If after such occurrence, if the City has not notified the Lessee of any termination, this Lease shall continue in full force and effect and the rent payable by the Lessee herein shall not terminate, be reduced, or abate. Nothing in this section shall require the City to restore or rebuild any of the Farmer's Market or restore, rebuild or reimburse Lessee for any leasehold improvements, inventory, furniture, chattel, signs, fixtures, contents fixtures or personal property of the Lessee located on, in, under, above or which serve the leased Space. 28 LOSS OF PROPERTY. The City shall not be liable for the loss of any property of Tenant, or of its employees or agents, irrespective of the cause thereof. 29 ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties, and no oral promise representation or other communication shall be deemed to alter or supplement any of the terms hereof 30 MODIFICATION. This Lease may not be modified or altered in any way except by written agreement executed and acknowledged by the parties hereto. 31 SEVERABILITY. In the event any of the provisions of this Lease shall be declared invalid or unenforceable, the remainder of this Lease shall remain in full force and effect. 32. ADDRESSES. The address of the City for purposes of this Lease is, Farmer's Market Office, 3640 Dam Neck Road, Virginia Beach, VA 23456. The mailing address of Tenant, to which all notices required or permitted hereunder may be mailed, is business address of Tenant is Restaurant, Farmer's Market, 3640 Dam Neck Road, Virginia Beach, VA 23456. 33. EQUAL EMPLOYMENT. Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin or handicap except where religion, sex, national origin or handicap is a bona fide occupational qualification reasonably necessary to the normal operation of Tenant. Tenant agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this Paragraph EXHIBIT ~ r~AGE [ , 34. VENDING MACHINES. No vending machines allowed on Premises unless prior written permission is obtainied from the Farmer's Market Manager. 35. ~. All display cases shall be placed inside the Premises. 36. SMOKING. No smoking shall be permitted on the Premises. 04/06/98 14:10 To:Hr, Ken Baldacci From:HARRY R. SHITHSON, JR., CPPB BO4-4ZB-5601 Page 10/18 WITNESS the followir APPROVi~,' A.~ 1 D LEGAL SUFF I(;IEI ATTEST g signatures and seals: CITY OF VIRGINIA BEACH, VIRGINIA By. CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER ~ITY CLERK TENANT STATE Of VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, _ , a Notary Public in and for the City and State at'oresaid, do hereby certify that , City Manager/Authorized Designee of the City Manager and Ruth Hodges Smith, CMC, City Clerk, for and on behalf of the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Agreement, acknowledged the same before me. GIVEN under my hand this day of. 19__. My Commission Expires: NOTARY PUBLIC STATE OF VIRGINIA . . CITY/(}~:AN-~ oF'_~chmond , to-wit: ), ~Cttl_ ~j. ["~.~'h I~) ._, a Nota~ Public in and for tile City and State aforesaid, do hereby oe.i[y that ~~~J6 __, whose names as such (is> (are) signed to the foregoing Agreement, acknowledged ~he same before me, GIVEN under my hand this . day of ~__.. 19.~. Notary Public My Commission ExpiFes: City of Virginia The Virginia Beach Farmers Market, ("Market"), is owned and operated by the city of Virginia Beach, ("City"), and operates as a division within the Department of Agriculture. The Department of Agriculture is responsible for the management of the Market, and the Department of General Services is responsible for the buildings and grounds of the Market. The Market is a facility where sellers and buyers come together to purchase agricultural products and complimentary goods in a family-oriented country-rural atmosphere. THIS AGREEMENT OF LEASE,"Lease",is made this 24th day of ~ by and between the CITY OF VIRGINIA BEACH, ("City") and Jacqueline Shell- dba/ R & J Produ¢~ , "Lessee". In consideration of the rent and covenants to be kept and performed by the parties hereto, City, agrees to lease and Lessee agrees to rent, upon the terms and conditions that follow, the Leased Space(s) ("Leased Space"). The term of this lease shall begin; at ~, on the~ day of ~ and shall terminate at 12.-00 PM, on the 30th day of June. 2) DEBCRXPTXON OF L~8~D 8PAC~: Leased Spaces are located in buildings 1-7. Spaces in buildings 1-6 extend inward from the boardwalk for a distance of approximately thirty(30)feet and for a length of approximately 20 Leased Space is limited to a maximum of 30' x 80' per Lessee. feet. Your Leased Space number(s) is ~ 3) PAX~S: Lessee will pay to the City, a Base Rent, applicable Utilities and $30 per month as either Merchant Association Dues or a City Promotional Fee (altogether called "Rental Payment"). Rental Payment is due monthly in cash or by one check made payable to City Treasurer of Virginia Beach. Payment is due on the first day of the month, and must be received no later than noon on the 10th day of each month, except for holidays, in which case the due date will be noon of the next business day ("Due Date"). If Lessee fails to pay the Rental Payment on any Due Date, Lessee must pay a $25 late charge. Payments will reflect figures rounded to the nearest dollar. (&) Ront&l Pa~nent: Rental Payment is $ 3.336.00 annually, which must be paid in monthly installments of $ 278.00 (b) Moroh&nts Assooimtion Duos or city Promotion&l FOOl: Lessee will pay $ 30 per month as either Merchants Association Dues or City Promotional Fees, which are established from time to time by the Farmers Market Merchants Association and by the City. (o) Utilities: (i) The City will provide water and sewerage service. (ih) Except as provided in (iii) and (iv), the City will provide electric service, unless the Lessee has its own account with Virginia Power, in which case, the Lessee agrees to make payments directly to Virginia Power for electric service. (iii) The Lessee will pay $22 monthly for each heater or air conditioner per each enclosed space. This fee applies without regard to the extent of use of the heater(s) or air conditioner(s). (iv) The Lessee will pay $2.50 weekly per unit for the use of additional refrigerators, freezers, chillers, ice machines, ice cream makers, snow-cone machines, beverage dispensers, and other equipment approved by the City. 4) MANAGBMBNT TEAM: The Farmers Market Management Team, ("Management Team") consists of: the Manager. of the Farmers Market ("Manager"); the Director of the Department of Agriculture ("Director"); the City Manager or designee; an Assistant City Attorney; the President of the Farmers Market Merchants Association, if the Farmers Market Merchants Association is reestablished, or his/her designee (who is elected annually and must be a Lessee), or, if no Farmers Market Merchants Association has been reestablished, a tenant representative; and a Virginia Beach farmer or producer,(who may not be a Lessee and who is appointed annually by the Director and the Manager). 5) MBRCHANTS ASSOCIATION: If or when a Farmers Market Merchants Association is reestablished, Lessee must be a member of the Farmers Market Merchants Association (~Association~). The Association's Executive Committee is composed of the officers elected by the organization and has the authority to call and hold membership meetings, to cause the Association to estabilsh membership dues or other fees, to appoint committees including, a promotion and advertising committee, and such other powers and duties as may be directed by the membership, not inconsistent with the Market Lease Agreement. The dues and fees may be used by the Association Budget Committee to promote and advertise the Market and its activities. 6) MARKET MIX: (a) In order to provide an appropriate "mix" of business establishments this list has been selected by the Management Team. 2 TYPE OUANTITY Restaurant 1 Meat 1 Dairy 1 Seaf°°d~ 1 Bakery 1 Specialty 7 Nursery 1 Produce Unlimited (b) The "mix" is subject to change at any time at the sole discretion of the Management Team. Your classification within the Market Mix is. Produce (~) The Management Team has the authority to solicit prospective Lessees for the Market and assign all Leased Spaces. 7) ITEMS AUTHORIZED FOR SALE: Lessee may sell only the items listed on lines below. Any request to sell additional items must be submitted in writing to the Manager and is subject to the approval of the Director, within his sole discretion. 8) ITEMB AUTHORIZED~ (Use attachment if extra space is needed) Produce. Fruits. Vegetables. Handmade Crafts. Seasonal~Holidav Items. Jams. Jellies. Nuts. Honey. Plants. Molasses. Syrup. Baskets and Produce Related Items, 9) HOURS OF OPERATION: The Leased Space must remain open for business in accordance with the schedules listed below. "Open for Business" means: a) that the Leased Space is staffed by at least one salesperson during business hours; and b) that there must be a sufficient quantity and quality of merchandise, properly displayed. Rental payments will not be reduced because spaces are not open. (&) July, August, September, October, May and June: Ail Lessees both covered and enclosed must be open no later than 10:00 AM and close no earlier than 5:00 PM, Monday ~ Saturday. On Sunday Lessees must be open no later than 11:00 AM and close no earlier than 5:00 PM. (i) During the above listed months, Lessees will have the option of being closed one day per week of their choice. Lessees must stay with the day chosen for the lease period,.unless a written request to change the day, is submitted to and approved by the Manager. Your day to be closed is (CIRCL~ ONE): Monday, Tuesday, Wednesday, Thursday, Friday, Saturday or Sunday. 1 Prior to any sale of seafood, the Lessee must also enter into a separate Seafood Addendum with the City. 3. o) (b) November, December, January, February, March and April: The enclosed Lessees must be open no later than lO:O0 AM and close no earlier than 5:00 PM, Monday - Saturday. On Sunday Lessees must be open no later than 11:00 AM and close no earlier than 5:00 PM. (i) During the above listed months, Lessees will have the option of being closed two days per week of their choice. Lessees must stay with the days chosen for the lease period, unless a written request to change the days, is submitted to and approved by the Manager. Your two days to be closed are (CIRCLE TWO): Monday, Tuesday, Wednesday, Thursday, Friday, Saturday or Sunday. (i~) Covered spaces are not required to be open during January, February, March and April. (c) In cases of a bona fide emergency, such as, illness or death in the family, Lessees will be exempt from the Hours of Operation Policy. CONDUCT: (a) Lessee is responsible for the actions of its agents and employees. (b) Any person defacing or destroying City property or committing any other unlawful act(s), will be subject to arrest and prosecution. The restroom facilities, drinking fountains, and public telephones are for the convenience of Lessees and the public. These facilities must be kept clean to the extent possible. (o) Market Office Staff on duty have the authority to have removed from the Market any persons gambling, under the influence of intoxicants, acting in a disorderly manner, or using profane, abusive, or discourteous language while on the Market premises. The only type of gambling permitted is the Virginia State Lottery when permitted by Lessee's individual lease. (d) No alcoholic beverages may be brought onto or consumed on the Market by Lessees or their employees. Lessee may not sell any alcoholic beverages or apply to the Alcoholic Beverage Control Board, or any successor agency, for any license to sell alcoholic beverages. (e) There may not be any sleeping at any time within any Leased Space. No cots, house trailers, camping units or other sleeping accommodations may be set up in any Leased Space. (f) There will be no loitering by the Lessee on regular operational hours other than for cleaning, purposes directly related to the business. the premises, after restocking, or other (g) The Leased Space may not be used for anything other than the specified purpose identified in this Lease. (h) Reselling (Scalping) of tickets to public events is prohibited. (i) Lessee shall comply with such other rules and regulations promulgated by the City and provided by the City to its tenants by hand delivery or by mail. 11) SZG~B~ (a) operational stqns: (t) A sign indicating whether the Lessee is open or closed must be displayed on the door of all enclosed spaces at all times. (ii) A rope or chain must be stretched across the front of all covered spaces with a "Closed" sign, when the business is closed. (ii~) A sign indicating the Lessee's hours of operation must be displayed at all times for both enclosed and covered spaces. (b) S&le signs: Sale signs visible from the exterior of a business space are permitted only if the sign has a surface area of ten square feet or less. Immediately upon completion of the sale, signs must be removed. Signs of a reasonable size indicating the item, price, quantity, etc. are permitted. All signs are subject to the approval of the Manager. 12) SUBLBTTING/ASSIG~ENT: The Lessee may not assign or sublet the Leased Space without the prior written consent of the Management Team, and any purported assignment or subletting made without consent is void. If the Lessee desires to assign its lease or sublet its Leased Space, the Lessee is encouraged, but not required, to consider persons on the Market waiting list as prospective Assignees or SubLessee. The Management Team will not withhold its consent to an assignment or sublease solely because the proposed assignee or subLessee is not on the Market waiting list. Assignees and Subleases must comply with all terms and conditions of this Lease. 13) COMPL/ANCB WITH APPLICABLE LAWS AND REGULATIONS: This Lease is governed by Virginia law, and all questions arising shall be determined in accordance with such law. The parties agree that any litigation involving this lease shall be filed in the courts of the City of Virginia Beach, Virginia. The Lessee will conduct its business in accordance with all Federal, State, and City laws, ordinances, rules and regulations pertaining to the Market and the business of Lessees and tenants of the Market. The Leased Space may not be used in a manner detrimental to the City. 14) RBP~IRS~ (&) The Lessee must repair, to the City's satisfaction, any willful, accidental, or other damage caused by Lessees or their agents, employees, or licensees. (b) The Lessee must found to be a hazard, by the City. make immediate repairs or remedy any condition upon either written or verbal notice to the Lessee (o) The Lessee must repair and, if necessary, replace, the heating and air conditioning units, and/or if applicable, the heat pump units servicing the Leased Space. (d) The Lessee must make all electrical repairs within the Leased Space. This includes the repair of existing outlets and the installation of additional outlets. All outlets must be installed by a licensed electrician. The Lessee must replace all light bulbs within the Leased Space. 5 (e) The Lessee is responsible for all general maintenance and plumbing repairs in its Leased Space. (f) The City is responsible for all structural repairs. 15) ALTERATION8 AND ADDITIONS~ The Lessee may not make any change to the Leased Space unless an Alteration/Addition Request Form is first submitted to the Manager and is approved in writing. Ail alterations or additions must be approved by the Manager and City Building and Maintenance Personnel. Unless the parties agree otherwise in writing in the Alteration/Addition Request Form, it is agreed that at the expiration of the term of this Lease, or any extension thereof, all equipment, material, and improvements installed by or on behalf of Lessee will become the property of the City. 16) EVENTS~ The Market may hold special events or promotions at the sole discretion of the Director. The Manager may solicit sponsors for special events. Sponsorships may include the receipt of money or other consideration by the City. Food or Drink items may be sold during special events or promotions only by prior written permission of the Manager/Director. 17) IN~PECTIONE~ There may be unannounced inspections by the Manager and the Departments of Agriculture, General Services, Health, Fire, and Risk Management. The Lessee is responsible for correcting all violations found. 18) INDEMNITY AND INSURANCE~ Lessee agrees to protect and hold the City harmless and to indemnify the City, its officers, and employees from any and all claims, demands, suits, actions, judgements, and recoveries for or on account of damage, theft, or injury, including death, to property or person occurring as a result of Lessee's use of the leased property, including loss or injury resulting to Lessee as a result of electrical or equipment failure, or any other cause arising from Lessees use or occupancy of the property except if the cause is the result of sole negligence of City, its agents, servants, or employees. Lessee must maintain in full force and effect, a policy or policies of liability insurance insuring City and its agents, officers and employees against the risks set forth hereinabove. A copy of the policy or policies, or a certificate of insurance evidencing the policy, must be delivered to the Manager. The policy must be a Commercial General Liability Policy, including products coverage with a combined single limit. The limit for Lessees selling prepared food for consumption may not be less than ($1,000,000). For Lessees selling non-food products, or garden produce, the limit may not be less than ($500,000). 19) CLF~NLINESS: (a) The Lessee is responsible for keeping leased spaces clean. (b) The City will provide the Lessee with an 85 gallon refuse container ("container,,). Rotten or overripe produce must be placed in the container. Lessee will bear all risk or loss of damage for the container. Lessee is responsible for maintaining the container in the same condition as when delivered to Lessee, reasonable wear and tear excepted. (c) Trash collections will be made in the designated areas. (d) No items may be stacked or stored in front of, along the side of, or in back of any Leased Space. (Any items discovered will be removed by the Manager and the City is not responsible for damage.) 6 ~0~ P~RK~N~ (&) The center parking area of customer parking. No produce or this area at any time. the Center Circle is reserved for other sale items may be displayed in (b) All vehicles making deliveries, including the personal vehicles of Lessees, must park in the space provided at the rear of the Leased Space to which deliveries are being made. (o) No vehicle may park overnight in the Center Circle. (4) No inoperative motor vehicles, as defined by the City Code, may be parked at the Market at any time. Inoperative vehicles will be removed from the Market at the owner's expense. 2~) VBHICLE~ (a) Ail vehicles, trailers, etc., regardless of use, brought on the Market by or for the use of the Lessee, must be properly registered and licensed with the Division of Motor Vehicles of the owner's home state, and State licensed and City inspected and certified where applicable. (b) Vehicles operated by the Lessee, its agents and employees, must be driven in a careful and prudent manner and at the posted rate of speed. Directional signs and pavement markings must be followed so as not to endanger the property of another or the life or limb of any person. 22) 8~%FETY: (&) Ail Appliances (i.e., portable heaters, fans, refrigerators) must be approved by the Fire Inspector's Office before use. It is the Lessee's responsibility to obtain approval. Any unapproved items will be ordered by the Manager to be removed. (b) The use of flammable materials, such as hay, straw, etc., as a ground cover for any and all types of produce, is prohibited. Further, the general use of hay, straw, etc, as a display support, even though treated with a flame retardant, is also prohibited. Hay or straw in bales may be sold on the truck lot only. 23) FIRF,,%R~B: (a) No firearms of any kind are permitted on the Market property except by authorized law enforcement officers. (b) Sales of any type of firearms are prohibited. 24) TERMINATION AND RENEW~L~ (a) This Lease will not renew automatically at the conclusion of the term. The City retains the option after the expiration of this lease of extending this lease on a month to month basis. (b) This Lease may be canceled by written notice of either party. To cancel the Lease, a party must submit written notice of intention to terminate the lease, at least thirty (30) days prior to the effective date of the termination. 7 (c) If 20% or more of the Rentable Area of the Farmers Market is at any time destroyed or damaged(including, without limitation, by smoke and water damage) as a result of fire, the elements, accident, or other casualty, whether or not the Leased Space is affected by such occurrence, then the City may, at its option, terminate this Lease, effective upon 10 days of receipt of written notice of such termination, by hand delivery or by mail, without indemnity or penalty payable or any other recourse by the Lessee. If after such occurrence, if the City has not notified the Lessee of any termination, this Leese shall continue in full force and effect and the rent payable by the Lessee hereunder shall not terminate, be reduced, or abate. Nothing in this section shall require the City to restore or rebuild any of the Farmers Market or restore, or rebuild or reimburse Lessee for any leasehold improvements, inventory, furniture, chattel, signs, fixtures, contents fixtures or personal property of the Lessee located on, in, under, above, or which serve the Leased Space. 25) MISCELLANEOUS PROVISIONS: (&) Coin operated vending machines are prohibited. (b) Electrical power cords may not be extended from the Leased Space, except during special events or promotions and then only when authorized by the Manager. (o) city is not liable for the Lessee's property. It is the Lessee's responsibility to safeguard its property and that of Lessee's employees or agents. Headings and sub-headings herein are for informational purposes. 26) D~FAULT: Failure to make Rental Payment constitutes an event of default in which case, the City may send a certified letter to Lessee, at the mailing address provided by Lessee. The Letter will state that the Lessee has breached its Lease and that failure to pay all sums owed within five days may cause the City to pursue all appropriate legal remedies. In the event that the Lessee fails to pay the sums owed within five days, the City has the right (in addition to all other rights and remedies provided elsewhere in this lease or by law) to re-enter and take possession of the leased premises, peaceably or by force and to remove, dispose of or withhold any property (including personal property) therein, without liability for damage to and without obligation to store, the property. City may, in lieu of giving written notice by certified mail, give the five day written notice described herein by hand delivery to Lessee. 2?) DEFAULT OPTIONS= Upon default in payment of the Rental Payment, the City may, in addition to any other remedy, exercise any or all of the following options: Rental Payments as they come due; (e) Take immediate possession of the premises, (a) Terminate and cancel the Lease; (b) Revoke any of Lessee's privilege(s); (o) Treat monies previously paid by the Lessee as forfeited; Elect to treat this Lease as remaining in effect and collect without notice. all 8 (f) Distrain the goods (including personal property) of the Lessee in accordance with applicable law. (g) Pursue any other legal or equitable remedy provided by law or this lease. 28) VIOLATIONB OF L~ASE~ The requirements and provisions of paragraphs (28a, 28b, 28~, & 28d) shall not apply in the event of nonpayment of Rental Payment. Nonpayment is grounds for immediate termination of this Lease, revocation of all attendant privileges, and all remedies provided by this Lease or by law. (&) Letter of Ceution~ In the event of the violation or breach by Lessee or its employees of any of the provisions of this Lease, or of any Federal, State or City law, ordinance, or regulation, including but not limited to, failure of Lessee or his/her employees to abide by all Policies, Rules, and Regulations of the Market, the Manager or Assistant Manager will notify Lessee verbally of the violation and will specify a period of time within which the violation must be remedied. The Lessee's failure to comply within the time specified will result in the Lessee's being given a Letter of Caution by the Manager. Ail Letters of Caution will specify the nature of the violation, the date on which the Lessee was notified verbally of the violation and the period of time within which the Lessee was directed to correct it. The Letter of Caution may, at the discretion of the Manager, specify one or more privileges of Lessee to be suspended until the violation has been corrected. Any suspension of privileges is effective upon delivery to Lessee of the Letter of Caution. All Letters of Caution will also specify a period of time within which the violation must be corrected in lleu of the imposition of further sanctions. (b) Letter of Violation: In the event the Lessee fails to correct a violation specified in a Letter of Caution within the period of time stated therein, Lessee will be given a Letter of Violation by the Manager. Ail Letters of Violation will specify the nature of the violation, the period of time within which the Lessee was verbally directed to correct the violation, the date on which a Letter of Caution was delivered to the Lessee, and the period of time within which the Letter of Caution directed that the violation be corrected. Ail Letters of Violation will specify Lessee's privilege(s) which have been suspended pending correction of the violation, at the discretion of the Manager. Ail Letters of Violation will also specify the period of time with which the violation must be corrected, and will state that the failure of the Lessee to do so, within the required period of time places the Lessee in default. (c) Nonoomplianos: Lessee is also in default for noncompliance with a Letter of Violation within the period of time specified therein or in the event of Lessee's having received two (2) Letters of Violation within a period of one (1) year. Lessee may also, at the discretion of the Manager, be given a Letter of Violation in the event of repeated and willful violations of a similar nature by Lessee following verbal notification thereof. The Notice of Default will specify the ground for placing the Lessee in default and the action to be taken as result of the default. (d) Delivery of Letters of Caution and Violation~ Letters of Caution and Letters of Violation will be delivered to the Lessee. Notices of 9 Default will be sent via certified mail to the Lessee at its Mailing Address, or if Lessee is available at the Market, a copy may be hand- delivered to the Lessee at the Market. (e) Appeal: The Lessee may appeal the decision of default by noting an appeal, in writing, and mailing the Notice of Appeal by certified mail to the Office of the Manager, 3640 Dam Neck Road, Virginia Beach, VA 23456. The Notice of Appeal must be mailed by 5:00 p.m. on the third day following delivery of a copy of the Notice of default to Lessee, if a copy of the Notice of Default was delivered, or by 5:00 p.m. of the fifth day following mailing of the Notice of Default, if a copy thereof was not delivered to the Lessee. The day on which a Notice of Default was mailed or delivered will not be counted in determining the time limit for noting an appeal. Upon receipt of the Notice of Appeal, the Manager must imaaediately notify the Director of the appeal and transmit the Notice of Appeal to the Director. Delivery of the Notice of Appeal to the Office of the Manager will not stay the execution of the Notice of Default. (f) Aotion Following Notioe of Appeal: Upon receipt of the Notice of Appeal, the Director will arrange a hearing for the Lessee before the Management Team. Absent good cause, the hearing will be held within seven (7) days of the delivery of the Notice of Appeal to the Market office. In any event, the hearing will be held as soon as practicable. The Lessee is entitled to present witnesses at the hearing and to ask questions of any witnesses. Ail questions as to the proper conduct of the hearing are decided by the Director, who also presides at the hearing. At the conclusion of testimony, the members of the Management Team will deliberate in private and either affirm, reverse, or modify the decision set forth in the Notice of Default. The decision of the Management Team must be agreed upon by a majority of the members. The decision of the Management Team must be rendered without undue delay and committed to writing, signed by the Director on behalf of the Management Team, and mailed by certified mail to the Lessee at its Mailing Address. An appeal of the decision of the Management Team must be made within seven (7) days or it is final. 29) CONDUCTING GRIEVANCES: Ail grievances by the Lessee, except those relating to lease violations, must be presented in writing to the Market Office Staff. If the matter is not resolved by the Manager, it may be appealed: (a) First, to the Director; (b) Second, to the Management Team; and (o) Third, to the City Manager or his/her designee. The Lessee must comply with the decision made by the person or body to whom the matter is presented, unless and until the decision is overruled or modified at the next stage of appeal. Any willful failure to comply with the decision is a violation of the Lease Agreement. ~ The decision of the City Manager or his/her designee is final. 30) NON-DISCRIMINATION: During the performance of this contract, the Lessee agrees as follows: The Lessee will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Contractor. The Lessee agrees to post in conspicuous 10 places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Lessee, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. 31) MODZIZCATION~ The terms of this lease may not be modified absent written consent of the Lessees, the Manager and the Director. An exception to thie requirement is the additional rules and regulations promulgated by the City and provided to tenants by hand delivery or by mail. Signature of Lessee Street Address City, State, Zip CITY OF VIRGINIA BEACH, VIRGINIA City Manager/Authorized Designee 717 ~merald Lake Drive Street Address Virqinia Beach. VA 23455 city, State, zip ATTESTATIONz city Clerk APPROVED AS TO CONTENT: ~epar=men= ox Agr~ul~ure APPROVED AS TO LEGAL FORM: Agsistant City Attorney ~/6/~ STATE OF VIRGINIA CITY OF , VIRGINIA The foregoing instrument was acknowledged before me this 24th day of ~ by Jacqueline Shell (Name), trading as R & J Produce My commission expires: 2/29/2000 11 STATE OF VIRGINIA CITY OF , VIRGINIA The foregoing instrument was acknowledged before me this of by (Name), trading as day My commission expires: Notary Publio STATB OF VIRGINIA CITY OF , VIRGINIA The foregoing instrument was acknowledged before me this day of by .City Manager/City Manager Designee of the City of Virginia Beach, Virginia on behalf of the city of Virginia Beach, Virginia. My commission expires: Notary Public STATE OF VIRGINIA CITY OF , VIRGINIA The foregoing instrument was acknowledged before me this day of by City Clerk/Deputy City Clerk of the City of Virginia Beach, Virginia on behalf of the City of Virginia Beach, Virginia. My commission expires: Rotary Publio Revised: 6/97 DG/LEC/GD/pf 12 Item VI-,~2. - 19 ORDINANCES ITEM # 43456 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City CounciI ADOPTED: Ordinance to authorize a temporary encroachment into a portion ora 30- foot City drainage easement to Paul and Dorothy E. Angelson re maintenance of an existing retaining wall and wooden fences; and, construction and maintenance of a wooden deck at 904 Duke of Suffolk Drive (L YNNHA VEN BOROUGH): subject to: The following conditions shall be required: h is understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to s&e, alignment and location. Said agreement shall terminate upon notice by the City of Virginia Beach to the applicant and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's 30' drainage easement by the applicants and the applicants shall bear all costs' and expenses of the removal. The applicants shall indemnify and hold harmless the City of Virginia Beach, its agents and employees', from and against all cia#re', damages, losses and expenses including reasonable attorney 's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is understood that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicants'. The applicants agree to maintain saidtemporary encroachment so as not to become unsightly or a hazard. The applicants must obtain a permit from the Development Services Center prior to commencing any construction within the City 'S 30'-foot drainage easement. Any above-ground temporary encroachments shall conform to the minimum setback requirements, as established by the Planning Department/Zoning Enforcement Office. The applicants shall submit for review and approval, a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the temporary encroachment sealed by a registered professional engineer, if required by either the City Engineer 'S Office or the Engineering Division of the Public Utilities Department April 14, 1998 20- Item VI-J. 2. ORDINANCES ITEM # 43456 (Continued) The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereto to the applicants, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicants to remove such temporary encroachment; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 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. McCldnan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa iCL Strayhorn Council Members Voting Nay: None Council Members Absent: None April 14. 1998 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A 30' CITY DRAINAGE EASEMENT BY PAUl. ANGELSON AND DOROTHY ANGELSON, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Paul Angelson and Dorothy E Angelson desire to maintain an existing retaining wall and wooden fences and to construct and maintain a wooden deck within the City's 30' drainage easement which crosses the rear portion of their property located at 904 Duke of Suffolk Drive, Virginia Beach~ Virginia 23454 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15 2-2107. Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the Citv's easements subject to such terms and conditions as Council may prescribe NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That pursuant to the authority and to the extent thereof contained in §§ 15 2-2009 and 152-2107, Code of Virginia, 1950, as amended, Paul Angelson and Dorothy E Angelson, their heirs, assigns and successors in title are authorized to maintain a temporary encroachment fbr an existing retaining wall and wooden fences and to construct and maintain a temporary encroachment ~br a wooden deck in the City's 30' drainage easement as shown on the plat entitled; "PLAT SHOWING ENCROACHMENT OF DECK. RETAINING WAI,I & FENCES INTO 30' PUBLIC DRAINAGE EASEMENT LOCATED ON LOT 10 - BLOCK A - SECTION ONE WEELINGTON WOODS · M.B. 74, P 37 · LYNNHAVEN BOROIJGH VIRGINIA BEACH, VIRGINIA · SCALE I" = 20' - JANUARY 20, 1998 GAI.LI1P SURVEYORS AND ENGINEERS, LTD" a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description: and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach, Paul Angelson, and Dorothy E. Angelson (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee ~s hereby authorized to execute the Agreement BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such nme as Paul Angelson, Dorothy E Angelson, and the City Manager or his authorized designee execute the Agreement Adopted by the Council of the City of Virginia Beach, Virginia, on the __~ day or' _ April ~ 19923. (~ # APPROVED AS TO CONTENTS ~ SIGNATtJRE DEPARTMENI' APPROVED AS TO LEGAL SUFFICIENCY AND FORM LOCATION ~-SITE SC.~LE : 1" = 1,600' LOR~ SEATON CIR. NAR'E DR. N. WOLFSNARE DR. ~- ~ ® MAP FOR ' PROPOSED ENCROACHMENT INTO TH CITY'S 30' DRAINAGE EASEMENT ~2'/ FOR ~' "' '~" /~. ,--~,~ / PAULANGELSON AND (' DOROTHY E. ANGELSON PREPARED BY P/W ENG. DRAFT. 17-DEC-1997 N/F' POTTER M.B. 74 P. ,37 30' DRAINAGE ~ I.. 9 S 07'44'52" W 90.00' hi EX. RET. WALL ,~, ._6' WOOD FENCE ,. 37,5' 32.5' PROP. POOL 1 STY. BR. & FR. RESIDENCE # 904 i N 07'44'52" E 90.00' FENCE $' Z 100.10' TO WOLFSNARE DR. DUKE OF SUFFOLK DRIVE (50' R/W) PLAT SHOWING ENCROACHMENT OF' DECK, RETAINING WALL &: FENCES iNTO ~,~,~'~',~.,~ 30' PUBLIC DRAINAGE EASEMENT ,F'~'1~"~' ~""~' ~.,,~ .... LOCATED ON o- :~:~ LUI 10 - BLOCK A - SECTION ONE f~ .uc,. w. g^~,~ ~'h~ WE:LUNGTON WOODS J ~,. M.B. 74 P. 37 ~14m~;4,4 ~YNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA J. ~..J.~l~ / SCALE: 1"= 20' JANUARY 20, 1998 GALLUP SURVEYORS &: ENGINEERS, LTD.'~ " ' 315 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 EX H J 94-249.1 PHONE: 428-8132 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58. 1-81 l(a)(3) AND 58.1-811 (¢)(4) REIMBURSEMENT AUTHOPdZED UNDER SECTION 25-249 THIS AGREEMENT, made this 9th day of March , 19 98, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor. party of the first part, and PAUL ANGELSON and DOROTHY E. ANGELSON, husband and wit'e, THEIR HE1RS, ASSIGNS AND SUCCESSORS IN TITLE, Grantees, parties of the second part. W 1 T N E $ SE T H: That, WHEREAS, the parties of the second part are the owners of that certain lot, tract, or pamel of land designated and described as "Lot 10, Section I, Block A. Wellington Woods" and being further designated and described as "904 Duke of Suffolk Drive, Virginia Beach, Virginia 23454 - GPIN 2408-21-0661" and That, WHEREAS, it is proposed by the parties of the second part to maintain an existing retaining wall and wooden li:nces and to construct and maintain a wooden deck in the City of Virginia Beach; and WHEREAS, in maintaining such retaining wall and wooden fences and in constructing and maintaining such wooden deck, it is necessary that the said parties of the GPIN 2408-21-0661 second part encroach into a portion of an existing 30' City drainage easement; and the said parties of the second part have requested that the party of the first part grant a temporary encroachment to facilitate such existing retaining wall and wooden fences and proposed wooden deck within a portion of the City's 30' drainage easement. NOW, THEREFORE, tbr and in consideration of the premises and of the benefits accruing or to accrue to the parties of the second part and tbr the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part. receipt of which is hereby acknowledged, the party of the first part doth grant to the parties of the second part a temporary encroachment to use a portion of the City's 30' drainage easement the purpose of maintaining such existing retaining wall and wooden fences and lbr constructing and maintaining such proposed wooden deck. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as tbllows, to wit: An area of temporary encroachment into a portion of the City's 30' drainage easement as shown on that certain plat entitled: "PLAT SHOWING ENCROACHMENT OF DECK, RETAINING WALL & FENCES lNTO 30' PUBLIC DRAINAGE EASEMENT LOCATED ON LOT 10- BLOCK A- SECT[ON ONE WELLINGTON WOODS · MB. 74. P 37 . I,YNNHAVEN BOROUGH. VIRGINIA BEACH, VIRGINIA · SCALE 1" = 20'. JANUARY 20, 1998 GALLUP SURVEYORS AND ENGINEERS, LTD.", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the parties of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's 30' drainage easement by the parties of the second part; and that the parties of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the parties of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the parties of the second part. It is further expressly understood and agreed that the parties of the second part agree to maintain said temporary encroachment so as not to become unsightly or a hazard, It is further expressly understood and agreed that the parties of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's 30' drainage easement It is further expressly understood and agreed that any above ground temporary_, encroachments shall conform to the minimum setbacks requirements, as established by the Planning Department/Zoning Enforcement Office. It is further expressly understood and agreed that the parties of the second part shall submit lbr review and approval, a survey of the area being encroached upon, certified by a registered prot~ssional engineer or a licensed land surveyor, and/or "as built" plans of the temporary encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part~ upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the parties of the second part, and collect the cost in any manner provided by law lbr the collection of local or state taxes: may require the parties of the second part to remove such temporary encroachment; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum o1' One Hundred Dollars ($100 00) per day lbr each and even day that 4 such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law tbr the collection of local or state taxes. IN WITNESS WHEREOF, PAUL ANGELSON and DOROTHY E. ANGELSON, the said parties of the second part have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: CiW Clerk 5 _. (SEAL) PAUL ANt~[~SON STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The/bregoing instrument was acknowledged betbre me this day of 19 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The lbregoing instrument was acknowledged before me this day of 19__, by RUTH HODGES SMITH, City Clerk tbr the CITY OF VIRGINIA BEACH My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~a, day The Ibregoing instrument was acknowledged betbre me this Q of 19~, by PAUl, ANGELSON and I)OROTHY E. ANGELSON My Commission Expires: APPROVED AS TO CONTENT REAL ESTATE AGENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM "~'ATTOR~gY POTTER M.B, 74 P. 37 (M,B. 74 P. ,37) I I 9 S 07'44'52" W go.o0' ~-- EX. RET,. WALL ~ .... hUGE OF MARSH /W~TH 3.5 WOOD FENCE ,,_6' WOOD FENCE ~ 37.5'.----~. 32,5' PROP, POOL ~3.9' 1 STY. BR. & FR. RESIDENCE # 904 N 07'44'52" E 90.00' 2__6' WOOD FENCE 6' 100.10' TO WOLFSNARE DR DUKE OF SUFFOLK DRIVE (50' R/W) PLAT SHOWING ENCROACHMENT OF DECK, RETAINING WALL & FENCES iNTO .~':--,~'u-'::,,. 30' PUBLIC DRAINAGE EASEMENT ~:~t~ o~, ,%, LOCATED ON '~'~ *;~'i~ LOT 10 - BLOCK A- SECTION ONE WELUN(3TON WOODS ¢ ..uc w ,, ~j '--~. ~"~.'<];J(.m~J~ M.D. 74 P. 37 ~p~a~J~,,J~.~'*""~"~LYNNHAVEN BOROUGH VIROINIA BEACH, VIROINIA ..... ~ SCALE: 1" = 20' dANUARY 20, 1998 VIRGINIA BEACH, VIRGINIA 23454 ExI-II BIT 94-249.1 PHONE: 428-8132 - 21 - Item VI-d. 3. ORDINANCES ITEM # 43457 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED' Refunds: License $ 5,657.06 Tax $67,998.27 Voting: 11~0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William I'E 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 April 14, 1998 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID Am H o Ltd, 1998 3/13/98 132, 86 132.85 T/A Ambum Holbert Associates 428 Oak Mears Crescent Virginia Beach, VA 23464 Brown, Leonard O. 17A A 1 Tree Experts 4303 Bonney Road Virginia Beach~ VA 23452 Behavioral & Neuropsych Group 1745 Camelot Drive #200 Virginia Beach, VA 23454 Cagle, Sompong M. T/A Great Neck Hair Salon 1328 Great Neck Road N. Virginia Beach, VA 23454 1996-1997 Audit 186.48 15.11 201.59 1993-1994 Audit 634.80 1998 1/14/98 40.00 This ordinance shall be effective from date of adoption. The above abatement{s) totaling of the City of Virginia Beach on the Ruth Hodges Smith City Clerk $1,009.25 14 634.80 40.00 Certified as to Payment: Philip J. Kellam - Commissioner of the Revenue Approved as to form: Leslie L. Lilley v ~ City Attorney were approved by the Council April day of ,19 98 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID Complete Computer Warehouse Inc. T/A Complete Computer Warehouse 5394 Kempsriver Drive S-109 1998 Virginia Beach, VA 23464 Folck, Michael P. T/A Laskin Dental Group P. O Box 599 Virginia Beach, VA 23451 1996-1997 Furman, Randall I., D.D.S. 879 Lynnhaven Parkway Virginia Beach, VA 23452 1996-1997 Glows Bakery Inc. T/A GloW Bakery lit 1920 Centerville Turnpike Virginia Beach, VA 23464 3/16/98 45.36 45.36 Audit 305.11 51.61 356.72 Audit 89.66 7.00 96.66 1998 3/12/98 94.11 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $592.85 14 of the City of Virginia Beach on the PC[ilip J. Kellam Commissioner of the Revenue Approved as to form: were approved by the Council April day of ,19 98 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID 1998 3/23/98 262.14 262.14 ! B Wells & Company Inc. 3312 Upper Palace Green Virginia Beach, VA 23452 J & S Management Inc. T/A Burger King #2906 P. O. Box 54325 Virginia Beach, VA 23467 1998 3/02/98 283.90 283.90 Jacobs, David C. 1996-1997 T/A David C Jacobs Landscaping 3925 Indian River Road Virginia Beach, VA 23456 Johnson, William Thomas, M.D, 4039 Richardson Road Virginia Beach, VA 23455 Audit 45.06 7.94 53.00 1998 3/20/98 43.88 43.88 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $642.92 of the City of Virginia Beach on the 14 Certified as to Payment: _ P~lip J. Kel~am'~ - Commissioner of the Revenue Approved as to form: LLe~e~L. Lille~" City Attorney were approved by the Council day of Apr J. 1 ,19 98 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID 1995-1996 Audit 34.00 0.75 34.75 Keitz, Richard L. T/A R K Data 3600 Burns Court Virginia Beach, VA 23462 Krecker, D. W. T/A Millers Custom Framing 4220 Virginia Beach Blvd. S-105 Virginia Beach, VA 23452 1996-1997 Audit 24.44 2 72 27.16 Lawns & Gardens Plus of Va. Beach 2400 Marsh Creek Court 1998 Virginia Beach, VA 23451 Malbon, C, Roger T/A Princess Anne Petroleum 1357 Diamond Springs Road Virginia Beach, VA 23455 1998 3/16/98 43.61 43.61 3/09/98 119.16 119.16 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $224.68 of the City of Virginia Beach on the 14 Certified as to Payment: f -Philip J. Kella~' Commissioner of the Revenue Approved as to form: L~'sl~ L. Lille~' City Attorney were approved by the Council day of ,1 9 98 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID McDonalds Rest of VA Inc. 1995-1997 Audit 414.74 52.64 467.38 T/A McDonalds 2600 Corporate Exchange Drive S-300 Columbus, OH 43231 Micro-Enhancements Inc. 1996-1997 T/A Micro-Enhancements Inc. Computer 705 S. Military Highway S-A Virginia Beach, VA 23464 Miller, Andrew S. O.D, 4000 Virginia Beach Blvd. Virginia Beach, VA 23452 Audit 158.07 22.09 180.16 Moffa~ & Nichol Engineers P. O. Box 7707 Long Beach, CA 90807 1998 3/18/98 236.94 236.94 1998 3/12/98 586.71 586.71 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,471,19 of the City of Virginia Beach on the 14 Philip J. Kella[~ Commissioner of the Revenue Approved as to form: '[-esl~e L. Lilley "- ~ City Attorney were approved by the Council day of April ,19 98 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID 1998 3/12/98 417.97 417.97 Primco Personal Comm LP Campus Circle/Tax Dept. Westlake, TX 76262 Roberts, Beverly A. T/A Luva Pet 3809 Princess Anne Road #114 Virginia Beach, VA 23456 Salmon interest Inc. T/A Virginia Sampler 464 Woodlake Drive Virginia Beach, VA 23452 Stelly, Robert B. T/A Metro Amusements 2340 Wharton Avenue Norfolk, VA 23518 1996-1997 Audit 11.23 1.43 12.66 1998 3/20/98 37.98 37.98 1996-1997 Audit 13.32 2.32 15.64 This ordinance shall be effective from date of adoption. The above abatement{s) totaling $484.25 of the City of Virginia Beach on the 14 Commissioner of the Revenue Approved as to form: City Attorney were approved by the Council day of April ,19 98 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID Virginia Beach Fishing Pier Grill 3558 Shore Drive Apt. 601 Virginia Beach, VA 23455 Widener Homes Ltd. 5257 Cleveland Street S-110 Virginia Beach, VA 23462 Wood, Michael P. T/A Mike Wood 4452 Lee Avenue Virginia Beach, VA 23455 1996-1997 Audit 12,27 2,15 14.42 1998 3/13/98 1,188.33 1,188.33 1998 3/11/98 29.17 29.17 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,231.92 of the City of Virginia Beach on the 14 ~'~Philip J. Kel'r~n~ "~ Commissioner of the Revenue Approved as to form: City Attorney were approved by the Council day of Apr J. 1 ,19 98 Ruth Hodges Smith C~yClerk 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: Tax Type Ticket I:xonera- Date Penalty Int. Total NAME Year of Tax Number tion No. Paid Secretary of Veterans Affairs 1997 RE(l/2) Secretary of Veterans Affairs 1997 RE(2/2) Rudisill, Daniel & Hazel etal 1998 RE(l/2) Broughton, Joseph L., Jr. 1998 RE(l/2) Van Puttan, Joseph & D.L. 1998 RE(l/2) Williams, J. Dawn 1998 RE(l/2) Letts, George & Billie 1998 RE(l/2) C~irn~, ~ll~am & Janice 1998 RE(l/2) Charter One Mortgage ~/0 Carol Perkins, Tax Dept. 1998 RE(l/2) Vintage Investment Corp. 1998 RE(l/2) Dragas Court ~omes Assoc. LP 1998 RE(l/2) Malbon Brothers Petroleum LLC 1998 RE(l/2) Executive Services Paging Co 1996 PS-RE 3 97-037365-5 11/07/96 182.95 97-037365-5 05/22/97 219.54 98-105014-4 12/03/97 38.98 98-014600-8 11/26/97 40.74 98-098869-7 12/03/97 375.41 98-132179-9 12/05/97 457.50 98-010865-6 01/28/98 26.91 98-018006-9 10/24/97 555.73 98-015314-2 11/26/97 513.44 98-126047-1 12/05/97 64,717.95 98-033572-2 11/14/97 540.72 98-075825-8 12/05/97 34.40 Public Service Bill 06/05/96 294.00 Total: $67,998.27 This ordinance shall be effective from date of adoption. The above abatement(s) total lng $67,998.27 were approved by the Council of the City of Virginia Beach on the 14 day of April,1998 Ruth Hodges Smith City Clerk n T .'~tk~'n'~on; i'reasurer A[ roved as to form: Item VI-L - 22 PUBLIC HEARING ITEM # 43458 Mayor Oberndorf DECLARED A PUBLIC HEARING: FARMERS MARKET- LEASE AGREEMENTS There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. April 14, 1998 Item V-K. 23- PUBLIC HEARING ITEM # 43459 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING I. JAMES PATRICK KUEHN ENLARGEMENT OF A NONCONFORMING USE 2. LADM ASSOCIATES, LLC, A VIRGINIA LIMITED LIABILITY COMPANY,, LENA SANCILIO AND CONTRA CTOR 'S PA VING COMPANY, INC. STREET CLOSURE 3. VIRGINIA BEACH SCHOOL BOARD STREET CLOSURE 4. MILLS LAWN AND GARDEN/JAMES tL MILLS CONDITIONAL USE PERMIT 5. CITY OF VIRGINIA BEACH CONDITIONAL USE PERMIT 6. CITY ZONING ORDINANCE AMENDMENT AMEND SECTION 203 On-Site Parking for restaurants Parking requirements for large shopping centers April 14, 1998 Item VI-K. - 24- PUBLIC HEARING ITEM # 43460 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED in one motion Items 1, 2, 5 and 6 of the PLANNING BY CONSENI~ Item K~ 2. was DEFERRED FOR AN ADDITIONAL 180 DA YS UNTIL CITY COUNCIL SESSION OF OCTOBER 27, I998 Voting: I I-O Council Members Voting Aye: John A. Baum, Linwood O. Branch, IlL 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 Vice Mayor Sessoms ABSTAINED on Item K. 2, as his bank does business with the applicant. April 14, 1998 Item VI-K. 1. 25- PUBLIC HEARING ITEM # 43461 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED the Resolution upon application of JAMES PATRICK KUEHN for an enlargement of nonconforming use. Application o f James Patrick Kuehn for the enlargement of non- conforming use re: construction of a second-story addition to an existing structure on Lot ]21, Section 4, Cape Story By The Sea (2214 Bayberry Street), containing 6900 square feet (L YNNHA VEN BOROUGH). The following conditions shall be required: 1. The enlargement shall be limited as shown on the submitted plan and, in no event, shah such enlargement, exceed 960 square feet. Authorization of the enlargement of the subject duplex shall be conditioned upon the applicant obtaining any variances determined by the Zoning Administrator be required under applicable provisions of the City Zoning Ordinance The enlargement shall conform to the plans and elevations submitted with the request and on file in the Planning Department. Voting: 11-0 (By Consen0 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 ~t Strayhorn Council Members Voting Nay: None Council Members Absent: None April 14, 1998 1 2 4 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING DUPLEX DWELLING ON PROPERTY LOCATED AT 2214 BAYBERRY STREET, IN THE BOROUGH OF LYNNHAVEN 8 9 l 0 11 12 !3 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 WHEREAS, James Patrick Kuehn (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming use situated on a certain lot or parcel of land having the address of 2214 Bayberry Street, in the R-7.5 Residential District; and WHEREAS, such lot contains a 1,440 square foot residential duplex structure; and WHEREAS, the existing duplex is a nonconforming use, in that the City Zoning Ordinance allows only single family dwellings in the R-7.5 Residential District; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of the duplex structure would be unlawful in the absence of a resolution of the City Council authorizing such will enlargement upon a finding that the proposed use, as enlarged, be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed duplex, as enlarged, will be equally appropriate to the R-7.5 Residential District than is the existing duplex. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement of the subject duplex dwelling, as proposed by the Applicant, be, and hereby is, authorized upon 30 the following conditions: ) 1 32 33 34 35 36 37 38 39 1. The enlargement shall be limited as shown on the submitted plan and, in no event, shall such enlargement exceed 960 square feet; 2. That authorization of the enlargement of the subject duplex shall be conditioned upon the Applicant obtaining any variances determined by the Zoning Administrator to be required under applicable provisions of the City Zoning Ordinance; and 3. The enlargement shall conform to the plans and elevations submitted with the request and on file in the Planning Department. 40 41 14 Adopted by the Council of the City of Virginia Beach on the day of April, 1998. 42 43 44 45 CA-98-6954 wraordres \kuehn. res April 3, 1998 APPROVED AS TO CONTENT Planning APPROVED AS TO LEGAL SU~'FICIENCY Department of Law _ .~ JAMES PATRICK KUEHN Y ~,, . .~- ,© JAMES PATRICK KUEHN JAMES PATRICK KUEHN JAMES PATRICK KUEHN Item V1-K. 2. - 26- PUBLIC HEARING ITEM # 43462 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council AUTHORIZED DEFERRAL FOR AN ADDITIONAL 180 DA YS UNTIL CITY COUNCIL SESSION OF OCTOBER 27, 1998, an Ordinance in the Petition of LADM ASSOCL4 TES, LLC, a Virginia Limited Liability Company, LENA SANCILIO and CONTRACTOR'S PA VING COMPANY, INC. for the discontinuance, closure and abandonment ofa portion of Avenue E: Application of LADM Associates, L.L.C, a Virginia Limited Liability Company, Lena Sancilio and Contractor's Paving Company, Inc. for the discontinuance, closure and abandonment of a portion of Avenue E beginning at a point 33Z93 feet south of Bonney Road and running in a southerly direction a distance of 899. 85feet to the northern boundary of the Virginia Beach-Norfolk Expressway. SaM parcel contains 30,094 square.feet. L YNNHA VEN BOROUGH Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William I'E 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 Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms ABSTAINED as his bank does business with the applicant. April 14, 1998 Item VI-K. 3. 27- PUBLIC HEARING ITEM # 43463 PLANNING Tlte Jbllowing registered in SUPPORT of the application and requested deletion of Condition 6. Diane Gillespie, President - Shadowlawn Civic League, 710 Winston Salem Avenue, Phon; 437-1422 dulie Dunlap, 517 Virginia Dare Drive, Phone: 422-6050 Craig Davis, Physical Education Administrator- W. T. Cooke, 1057 Wasserman Drive, Phone: 721 6417 Cindy Houck, 828 South Atlantic Avenue, Phone: 428-4497 Greg Anderson, Principal - I'E Z Cooke, 2096 Agecrofi Road, Phone; 427-5232 The following registered in OPPOSITION: Reverend Desi Allen, 501 [5th Street, Phone: 428-5441, represented the Virginia Beach Pentecostal Church qf (Thrist. Upon motion by Councilman Branch, seconded by Councilman Baum, City Council APPROVED AS CONDITIONED, SUBJECT TO COMPLIANCE OF CONDITIONS BY OCTOBER 27,1998, the Petition of the VIRGINIA BEACH SCHOOL BOARD for the discontinuance, closure and abandonment of a portion qf 15th Street: Petition of the Virginia Beach School Board for the discontinuance, closure and abandonment of a portion of 15'~ Street beginning at the Eastern boundary of Mediterranean Avenue and running in an easterly direction a distance of 325 feet. Said parcel is 50feet in width and contains 16,250 square feet. VIRGINIA BEACH BOROUGH. The following conditions shall be required: The purchase price to be paid to the City shall be determined according to the 'Policy Regarding Purchase of City's Interest in Streets' Pursuant to Street Closures,' approved by City Council. The applicant will work with Public Utilities to adequately address the six-inch water line that exists within the right-of-way proposed for closure. The applicant is required to resubdivide the property and vacate internal lot lines so that no parcel is left without access to a public street. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-wayproposed for closure. If private utilities' do exist, easements satisfactory to the utility company must be provided. The dumpsters shown adjacent to the new kitchen and proposed to be located across I Y~ street from the church, shall be moved further to the West and South. 6. Deleted by City Council action. Z The proposedparking lots shall be connected with a sidewalk. April 14, 1998 Item VI-K. 3. PUBLIC HEARING PLANNING - 28- ITEM # 43463 (Continued) The proposed turn-around on 15'~ Street, to be located in front of the church, shall be widened to allow for a standard turn-around. As an alternative to this condition, the applicant may also consider closing all of 15'~ Street and making this entire area a parking lot. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days (October 27, 1998) of approval by City Council. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of April, Nineteen Hundred and Ninety-Eight. Voting: 11-0 Council Members Voting Aye: Item VI-K. 4. - 29- PUBLIC HEARING ITEM # 43464 PLANNING The following registered in SUPPORT of the application: James H. Mills, Owner - Mills Lawn and Garden, represented himself. The following registered in OPPOSITION: Donald H. Crowder, 900 Commonwealth Place, Phone: 424-1050, Chief Engineer- WCMS Radio, and presented photographs of the application. Said information is hereby made a part of the record. A1 Foreman, 900 Commonwealth Place, Phone: 424-1050, Building Manager - C & W Properties. A motion was made by Council Lady Strayhorn, seconded by Council Lady McClanan to DENY an Ordinance upon application of MILLS LAWN and GARDEN/JAMES H. MILLS for a Conditional Use Permit for small engine repair. Upon SUBSTITUTE MOTION by Councilman Harrison, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of MILLS LA WN and GARDEN/JAMES H. MILLS for a Conditional Use Permit for small engine repair. ORDINANCE UPON APPLICATION OF MILLS LAWN AND GARDEN/JAMES H. MILLS FOR A CONDITIONAL USE PERMIT FOR SMALL ENGINE REPAIR R04982184 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mills Lawn & Garden/James H. Mills for a Conditional Use Permit for small engine repair on the east side of Commonwealth Place on Lot G-2, Level Green. Said parcel is located at 928 Commonwealth Place and contains 1.54 acres. KEMPSVILLE BOROUGH. The following conditions shah be required: 1. AH repair of lawn and garden equipment shah be performed inside the building. 2. There shah be no outside display of new, used or repaired equipment and/or merchandise. o The facade of the building shah be repaired, and the building shah be painted in earth tone colors that are more in keeping with the surrounding uses, prior to the issuance of a business license. A minimum three-foot (3') planting bed with appropriate foundation shrubs shall be installed along the front foundation of the building, and a minimum of seventy-five (75) square feet of landscaping shah be installed around the freestanding sign, prior to the issuance of a business license. 5. The hours of operation shah be Monday through Friday, 8:00 AM to 5:00 PM and Saturday, 8:00 AM to 1:00 PM. April 14, 1998 Item VI-K. 5. PUBLIC HEARING PL4NNING - 31 - ITEM # 43465 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an Ordinance upon application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL PARKING LOTR04982185 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Conditional Use Permit for a commercial parking lot at the northeast intersection of Atlantic Avenue and 30th Street. SaM parcel is located at 3003 Atlantic Avenue and contains 1.03 acres. VIRGINIA BEACH BOROUGH. Councilman Branch advised of his conversation with Parking Systems Management. Signage will be posted advising the parking lot will close at 12:00 MIDNIGHT and this will be vigorously enforced. Councilman Branch will monitor the situation. The following conditions shah be required: The Conditional Use Permit is approved for a period of up to one year. The use must be terminated upon notice from the City Manager. The Conditional Use Permit may not be renewed administratively. 2. The hours of operation for the parkingfacility shah be limited to 8:00 AM to 12 Midnight with an attendant present. This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of April, Nineteen Hundred and Ninety-Eight. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 14, 1998 Item VI-K. 5. - 32 - PUBLIC HEARING ITEM # 43465 (Continued) PLANNING Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council RECONSIDERED the Ordinance upon Application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL PARKING LOTR04982185 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Conditional Use Permit for a commercial parking lot at the northeast intersection of Atlantic Avenue and 30th Street. Said parcel is located at 3003 Atlantic Avenue and contains 1.03 acres. VIRGINIA BEACH BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor95, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 14, 1998 Item VI-K. 5. - 33- PUBLIC HEARING ITEM # 43465 (Continued) PLANNING Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADDED a third condition to the Ordinance upon Application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL PARKING LOTR04982185 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Conditional Use Permit for a commercial parking lot at the northeast intersection of Atlantic Avenue and 30th Street. Said parcel is located at 3003 Atlantic Avenue and contains 1.03 acres. VIRGINIA BEACH BOROUGH. The following condition shall be required: This Conditional Use Permit is subject to the Virginia Beach Development Authority acknowledging and ratifying the application at its next available meeting (Tuesday, April 21, 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 April 14, 1998 Item VI-K. 6. - 34- PUBLIC HEARING ITEM # 45966 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinances to AMEND Section 203 of the City Zoning Ordinance (CZO) : On-site parking requirements for restaurants Parking requirements for extremely large shopping centers Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 14, 1998 1 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE REGULATIONS PERTAINING TO ON-SITE PARKING REQUIREMENTS FOR RESTAURANTS S~CTION AMENDED: CITY ZONING ORDINANCE § 203 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 203 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 203. Off-street parking requirements. (a) The following specified uses shall comply with the off- street parking requirements designated therefor: Reserved. (30) Restaurants other than drive-in eating and drinking establishments: At least one (1) space per ,~, one hundre~ (100) square feet of floor area. and one (1) space per one hundre~ (100) square feet of additional area encompassed by de~ks, patios and other areas in which seating is pr0vide~ and food or beverages are consumed. Adopted by the City Council of the City of Virginia Beach on this 14th day of April, 1998. CA-97-6790 ODIN\PROPOSED\45-203.ORD April 8, 1998 R-3 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Planning Department Law Department 1 2 3 4 5 6 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE REQUIREMENTS PERTAINING TO VEHICULAR PARKING IN CERTAIN SHOPPING CENTERS SECTION AMENDED: CITY ZONING ORDINANCE SECTION 203 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 203 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 203. Off-street parking requirements. (a) The following specified uses shall comply with the off- street parking requirements designated therefor: (33) (i) Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot five (5) to ten (10) acres in size shall have a total of: a. One (1) space per two hundred (200) square feet of floor area of all uses except restaurants and theaters; b. One (1) space per two hundred (200) square feet of floor area of restaurants and theaters occupying, in the aggregate, ten (10) percent or less of the total floor area of the shopping center; c. One (1) space per seventy-five (75) square feet of floor area of restaurants in excess thereof; and One (1) space per one hundred (100) square feet of de floor area of theaters in excess thereof; (ii) Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot ten (10) to thirty (30) acres in size shall have a total of: 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 a. One (1) space per two hundred (200) square feet of floor area of all uses except restaurants and theaters; b. One (1) space per two hundred (200) square feet of floor area of restaurants and theaters occupying, in the aggregate, ten (10) percent or less of the total floor area of the shopping center; c. One (1) space per seventy-five (75) square feet of floor area of restaurants in excess thereof, and d. One (1) space per one hundred (100) square feet of floor area of theaters in excess thereof; (iii) Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot greater than thirty (30) acres in size shall have a total of: a. One (1) space per two hundred (200) square feet of floor area of all uses except restaurants and theaters; b. One (1) space per two hundred (200) square feet of floor area of restaurants and theaters occupying, in the aggregate, fifteen (15) percent or less of the total floor area of the shopping center; c. One (1) space per seventy-five (75) square feet of floor area of restaurants in excess thereof; and d. One (1) space per one hundred (100) square feet of floor area of theaters in excess thereof; (iv) Notwithstanding the foregoing provisions, in the event the total parking requirement of the individual uses within a shopping center is less than that required 2 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 (v) to (i) or (ii) hereinabove, the lesser pursuant requirement shall apply; Any provision tO the contrary notwithstanding, the parking requirement for shopping centers with more than five hundred thousand (500,000) square feet of gross leasable area shall be four and one-half (4.5) spaces per one thousand (1000) square fset of gros~ leasable area. regardless of the mix of uses within the shopping center. provided the following circumstances apply: a. The shopping center in its en$irety is zoned either B-2, B-3, or B-3A: b, The gross leasable area to which this section applies must either be all on the same zoning lot or all in one continuous building: and ~, The shopping c~n~er must be served by mass transit. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of April, 1998. CA-98-6893 Wmm/Ordres/45 - 203 a. ord March 11, 1998 R-2 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Department of Planning Department of Law 3 Item VI-L. 1. - 35 - APPOINTMENTS ITEM # 43467 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Richard E. Garriott, Jr. Unexpired thru 2/28/99 Danielle Miranna , Student 3/1/98- 2/28/99 VIRGINIA BEACH CRIME TASK FORCE Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None April 14, 1998 Item VI-L. 2. - 36- APPOINTMENTS ITEM # 43468 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: WETLANDS BOARD April 14, 1998 -37- Item VI~O. ADJOURNMENT ITEM # 43469 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting~4DJOURNED at 3.'30 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April 14, 1998