APRIL 25, 2000 MINUTESVII. 6:00 PM
,FORMAL SESSION - Council Chamber -
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Co
Reverend Paul C. Bailey. D.D.
Virginia Beach United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
MINUTES
1. INFORMAL & FORMAL SESSIONS -
2. PUBLIC HEARING - RESOURCE MANAGEMENT PLAN -
"Community for a Lifetime" - Princess Anne High School
April 11, 2000
April 13, 2000
Go
AGENDA FOR FORMAL SESSION
17re Consent Agenda will be determined during theAgenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
Ho
PRESENTATION
1. PROCLAMATION - SPECIAL OLYMPICS DAY:
Robert Miller, President - Area II
PUBLIC HEARINGS
1.
May 6, 2000
RESOURCE MANAGEMENT PLAN -" Community for a Lifetime"
a. REAL PROPERTY TAX INCREASE - Proposed
b. TRANSIENT LODGING TAX AMENDMENT -
Extension of existing TAX RATE
c. BONDS
1. GENERAL OBLIGATION BONDS
[Schools, Roadways, Coastal, Buildings, Economic
Development, Convention and Tourism, Parks and
Recreation and other public facility improvements]
2. STORM WATER UTILITY BONDS
3. WATER and SEWER UTILITY REVENUE BONDS
d. FY 1999-2000 OPERATING BUDGET
e. FY 1999-2000 CIP CAPITAL BUDGET
f. FY 1999-2005 CAPITAL IMPROVEMENT PLAN
$ 49,700,000
$ 3,900,000
$ 7,89O,O00
$1,115,679,755
$ 135,224,540
$1,431,872,855
AGRICULTURAL PRESERVATION PROGRAM (ARP)
(Princess Anne - District 7)
3. TAXI FARE INCREASE
J. ORDINANCES/RESOLUTION
Ordinances to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP)
easements and the issuance by the City of its contract obligations:
a. Robin D. and Bessie S. Davenport
$285,876
b. Mildred C. Furlough
$490,620
c. Mildred C. Furlough
$318,903
d. George B. and Juanita F. Pendleton, Jr.
$689,477
Ordinance to AMEND Chapter 36, Article IV, of the City Code to streamline the process
and AUTHORIZE the police department as the office to issue Certificates of public
convenience and necessity re Taxicabs.
3. Ordinances granting operation of Open Air Cafes in the Resort Area:
a. NEW FRANCHISES
(1)
Clearwater Investment Associates, L.P.
t/a Sheraton Oceanfront Hotel
Boardwalk Caf6
3501 Atlantic Avenue
(2) Megabytes, L.L.C. Sidewalk Caf6
t/a Salsa's Restaurant 812 Atlantic Avenue
(3)
AHATA, L.L.C.
t/a Pier 23 Restaurant
Sidewalk Caf6
2224 Atlantic Avenue
b. RENEWAL FRANCHISES
(1)
Virginia George Company, Inc.
t/a Dough Boys California Pizza
Sidewalk Caf6
2410 Atlantic Avenue
(2) Calabrese Management Group, Inc. Sidewalk Caf6
t/a Albie's Pizza 200 21st Street
(3)
Planet Pizza, Inc.
t/a Fish Bones Restaurant
Sidewalk Caf6
812 Atlantic Avenue
(4) Sunsations, Inc
t/a Haagan-Dazs
Sidewalk Caf6
2100 Atlantic Avenue
(5)
Leeward Princess Ann Investment Assoc., L.L.C.
t/a Marriott Courtyard VB Oceanfront
Boardwalk Caf6
2500 Atlantic Avenue
(6) Tampico Enterprises, Inc. Sidewalk Caf6
t/a Abbey Road Restaurant 203 22nd Street
(7)
A.C.A.Corporation
t/a Black Angus
Sidewalk Caf6
706 Atlantic Avenue
Ordinance to AUTHORIZE a lease with The Beach Quarters Inn re a 22-foot strip abutting
the west side of Atlantic Avenue for additional parking spaces.
Ordinance to TRANSFER $2,969 from the General Fund Reserve for Contingencies to the
FY 2000 Operating Budget of the Sheriff's Department re reimbursing a Deputy Sheriff for
legal fees and expenses incurred in defense of criminal charges while performing official
duties.
Ordinance to ACCEPT and APPROPRIATE $80,000 from the Department of Criminal
Justice Services to the FY 2000 Operating Budgets of the Office of Community Corrections
and The Sheriff's Department re additional personnel and associated equipment to meet the
increased demand for pre-and post-trial services.
Resolution REQUESTING the Virginia Beach Circuit Court issue a Writ of Election to the
Secretary of the Virginia Beach Electoral Board and ordering a Special Election on the same
date in the General Election in November 2000 re the vacancy in the office of
Commonwealth's Attorney.
8. REFUNDS:
a. LICENSE $18,485.76
b. TAX $ 7,387.58
PLANNING
1. Application of MILTON A. PALMER, SR., for an expansion ora nonconforming use at
309 Shipps Lane, containing 9,900 square feet. (BEACH - DISTRICT 6)
Recommendation: INDEFINITE DEFERRAL
Application of JUDEO-CHRISTIAN OUTREACH CENTER, INC., for a Conditional
Use Permit for a group home expansion on the south side of Virginia Beach Boulevard, east
o f South Birdneck Road ( 1053 Virginia Beach Boulevard), containing 41,817.6 square feet.
(BEACH - DISTRICT 6)
Recommendation:
APPROVAL
Application of M. M. GUNTER & SON, INC., for a Conditional Use Permit for the
expansion of an existing borrow pit east of Bemadotte Street beginning at 1100 feet south
of Seaboard Road (2737 Seaboard Road), proposed expansion to add 15.14 acres to the
existing 40.10 acres. (PRINCESS ANNE - DISTRICT 7)
Recommendation:
APPROVAL
Applications of OXFORD PROPERTIES, L.L.C., d/b/a/DAM NECK SELF STORAGE
on the east side of General Booth Boulevard, north of Culver Lane (1874 General Booth
Boulevard), containing 3,198 acres. (PRINCESS ANNE - DISTRICT 7)
a. Change of Zoning District Classification from AG-2 Agricultural District to
Conditional B-1A Limited Community Business District.
b. Conditional Use Permit for mini-warehouses, office and apartment.
Recommendation: DENIAL
Application of WILLIAMS HOLDING CORPORATION for a Change of Zoning District
Classification from R-5D Residential Duplex District B-2 Community Business District on
the west side of Centerville Turnpike north of Kempsville Road re commercial land use for
retail, office and other compatible uses, containing 14,505 square feet.
(CENTERVILLE - DISTRICT 1)
Recommendation:
APPROVAL
Applications of ROBERT STEINHILBER and HERBERT A. CULPEPPER at the
Southwest intersection of Blackwater Road and Blackwater Loop, containing 320 acres
(PRINCESS ANNE - DISTRICT 7).
Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a
minimum pavement width for the proposed cul-de-sac re a proposed 26-foot
pavement width and swales in lieu of curb and gutter to route stormwater runoff.
b. Conditional Use Permit for an alternative residential development
Deferred Indefinitely:
Deferred to 02/22/00:
Deferred to 03/14/00:
Deferred Indefinitely:
December 14, 1999
January 25,2000
February 1, 2000
March 14, 2000
Recommendation:
APPROVAL of Staff Concept Plan and Variance
RECONSIDERATION: Changes of Zoning District Classifications
(BEACH - DISTRICT 6) lost to negative vote March 7, 2000:
COLLETT PROPERTIES, INC., and COLLETT CHESAPEAKE
PARTNERS, L.L.C. from B-2 Community Business District to Conditional B-2
Community Business District at the Southeast intersection of Virginia Beach
Boulevard and Parker Lane, containing 3.481 acres.
bo
COLLETT PROPERTIES, INC., from I-1 Industrial District to Conditional B-2
Community Business District on the East side of Parker Lane, beginning 150 feet
more or less South of Virginia Beach Boulevard, containing 8.433 acres.
Deferred:
Denied
February 08 / 22, 2000
March 07, 2000
Applicant request DEFERRAL to May 9, 2000
Application of the CITY OF VIRGINIA BEACH to AMEND Section 401 of the City
Zoning Ordinance (CZO) re permitted uses in the AG-2 Agricultural Districts. (Deferred by
the Planning Commission to their May 10, 2000 agenda.)
L. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICES ADVISORY BOARD
M. UNFINISHED BUSINESS
NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - MARCH, 2000
O. ADJOURNMENT
CITY COUNCIL SESSION - MAY 2, 2000 - CANCELED
PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE
DATE EVENT LOCATION TOPIC
Thursday, May 4 Council Workshop Council Conference Room Reconciliation of outstanding
10:00 AM - Noon resource issues
Tuesday, May 9 - 2:00 PM Adoption of FY 2000-2001 Council Chamber "Community for a Lifetime"
Resource Mgmt. Plan
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
04/20/00slb
AGENDA\04-25-00.
www.virginia-beach.va.us
NUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 25, 2000
Mayor Meyera E. Oberndorf called to order the FY 2000-2001 RESOURCE MANAGEMENT
WORKSHOP in the Council Conference Room, City Hall Building, on Tuesday, April 25, 2000, at 2.'00
P.M.
Council Members Present:
John A. Baum, Margaret L. Eure, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
Linwood O. Branch, III
William W. Harrison, Jr.
Reba $. McClanan
A. M. "Don" Weeks
[ENTERED: 2:42 P.M.]
[ENTERED: 2:52 P.M.]
[ENTERED: 2:20 P.M.]
[ENTERED: 2:15 P.M.]
-2-
BUDGET WORKSHOP
2:00 P.M.
ITEM # 46502
Marcy Sims, Director - Libraries, presented information relative the status of the partnership between the
Library and the Boys and Girls Club of Virginia Beach. The intent of the partnership was to provide for
temporary library services targeted toward youth in the Green Run area until a full service library couM be
built. This was the recommendation of the Library Facilities and Review Committee appointed after the
defeat of the Library Referendum in ]998. Council Members McClanan and Parker served on this
Committee. The concept is for the Boys and Girls Club to construct 5,000 square feet of space either in a
separate building or in addition to the building they just opened at Buckner Boulevard and Rosemont Road,
allow the City to lease that space for a public library for approximately five years until a full service library
can be constructed and then at the end of that lease period, the Boys and Girls Club would convert that space
to a day care or teen center operated by the Boys and Girls Club. The FY1999-2000 Resource Management
Plan includes funding for lease payments, library materials, furnishings, equipment and staffing for the
project. Continued funding for the lease amount is also included in the proposed FY 2000-2001 Resource
Management Plan. The Boys and Girls Club Board informed us in mid March they could not secure the
financing they need to construct that additional 5, 000 square feet of space with only afire-year lease. Since
then, alternatives have been identified which could preserve the partnership with the Boys and Girls Club
and enable the City to provide library services targeted toward youth in the Green Run Area until the
construction of the full service library. Alternatives and recommendations will be presented to City Council
for consideration at the Reconciliation Workshop on May 4, 2000. The goal was to identify existing funds
to accomplish this project, so there will not be a financial impact on other departments or programs. This
recommendation will not have any financial impact on other department services or programs. The Green
Run/South Rosemont full service Library Capital Improvement Program will be another item for
consideration at the Reconciliation Workshop. Design work and construction were suggested for
approximately 2003-2004 with opening in 2005-2006.
Walter Kraemer, dr., Acting Director - Department of Management Services, advised the Cultural and
Recreational section consists of Museum and Cultural and encompasses such items as the MOunt Trashmore
Park capping, restoration of the lake and enhanced maintenance to bike trails in conjunction with the Shore
Drive Corridor Study. Currently underway is a master plan stud and architectural design to evaluate the
potential for a third expansion of the Museum. This expansion would incorporate marine mammal exhibits.
$1.5-MlL£IONfor this project was provided for by state contribution and the remaining $100, O00 from the
General Fund. Planning and design will continue for FY 2000-01.
Vice Mayor Sessoms advised last week he had mentioned the Contemporary Arts Center of Virginia was
short $60, O00 for educational purposes. The City Manager and C. Mac Rawls, Director of Museums and
Cultural Arts, would recommend this funding. Approval of the Budget would not automatically ensure a
dolphin tank in the Virginia Beach Marine Science Museum, as further approvals are necessary. Mr. Rawls
advised the report was misinterpreted concerning a deficit in the operating cost. The Museum is an
Enterprise Account and the $1.6-MILLION being quoted as a deficit was a number first entered in the
report. ,,It the fina[ conclusion of the report, the Museum actually gained $875,000 in retained earnings this
year. The total retained earnings for the Museum is approximately $3,300,000. Mayor Oberndorf expressed
appreciation to the Volunteers at the Virginia Marine Science Museum for their assistance to the visit of the
citizens participating in the Senior Olympics. Mr. Rawls advised 25% of the manpower presently in the
Museum is composed of volunteers.
Mr. Rawls advised the Thoroughgood House is not in the budget as the lease is not due for renewal until
October. The lease and operating expenses will be scheduled for a future City Council Session. It appears
there will be an increase of 50% in income and attendance this year at the Francis Land House. The same
staff has been maintained at the Thoroughgood House. This is a "win-win "situation for both the Cities of
Norfolk and Virginia Beach. Any major repairs are paid by the City of Norfolk. The Chrysler Museum is
allowing the utilization of the furnishings, materials and artifacts at no charge to the City. Virginia Beach
is only paying for the operational expenses involving salaries and utilities.
Council Lady Henley referenced the CIP item for Open Space on page 25 relative the total program funds
remaining in $240,000. Barry Frankenfield - Planner, Parks and Recreation, advised, technically,
$260,000 was transferred to the Bow Creek project. There was a budget of approximately $60, O00 for the
open space issues of which $3 5,000 has been expended. Therefore, approximately $190,000 is in the account.
Vice Mayor Sessoms advised he would be unable to attend the Reconciliation Budget Workshop on May
4, 2000, as he would be out of town on business, but believed there should be additional funds in year-end
surplus. Vice Mayor Sessoms suggested examining additional new revenues as a permanent funding source
for Open Space (i. e. 3Ft Street Development, which will generate $2-MILLION a year in new revenues to
the City). It appears the public wishes the City to aggressively address open space.
April 25, 2000
BUDGET WORKSHOP
ITEM # 46502 (Continued)
Council Lady Henley advised once a plan is submitted on a property, the ability to acquire it becomes more
difficult, if not impossible. It will be difficult in examining the maps relative open space, which properties
should be acquired, the methodology and the order of acquisition. The City Manager and staff shall provide
information relative the funds which could be borrowed, based on projected revenues.
Sara Hensley, Director of Parks and Recreation, referenced the Partners with the Public Land, who can
assist in holding the land, as the City identifies same until it is able to create a mechanism to fund the
purchase of this property. The State funds $6-MILLION per year.
Mrs. Hensley advised the scheduling of programs at the Recreation Centers is based primarily on pubic
input. Council Lady Parker referenced the O. 7 cents of the real estate tax approved by City Council in FY
1988-89for open space acquisition. A detailed explanation of this funding and its utilization since 1988,
shall be provided. Mr. Frankenfield advised one of the projects was for development of City View District
Park and since 1992, portions of that funding have been used for renovations i.e. tennis courts, playgrounds,
etc.; however, a significant portion has been utilized for acquisition. 30% of the entire CIP is new
development with 70%for repair. Staffing for the Lynnhaven Boat Ramp and Beach Facility reflects the
minimum required and was predicated on the receipt and acceptance of two State grants for the construction
of the facility (CIP g4-974); $332,150 awarded by the Virginia Marine Resources Commission (which
prohibits charging boaters with salt water fishing licenses), Virginia Recreational Fishing Board and
$288,3 71 applied for by the Virginia Department of Game and lnland Fisheries (this grant was not awarded;
however, the City was notified they could reapply in July). There are approximately l l 4 parking spaces for
non-trailers and about 97 spaces for boats. Residents of the Shore Drive Corridor supported a fee for
parking. Mrs. Hensley recognized, with appreciation, the attendance of Lillie Gilbert, Chairman - Parks
and Recreation Commission.
New contracts for Pro Shop operations at all three Municipal golf courses were issued January 1, 2000,
which increased the annual cost of the base contract by 19% (from $162,000 to $193,000) compared with
the previous 5-year contract, and are anticipated to improve customer service and expand play. When there
is good weather for a period of time, the costs are covered. The golf course runs on an Enterprise system
and, therefore, on a yearly basis, the costs are covered. Page 5-13 depicts a chart reflecting the number of
Golf Rounds. Other than 1998, the last couple of years have been very flat. Mrs. Hensley advised a Public
Meeting is scheduled relative Open Space at Kempsville High School, 7:00 P.M., April 26, 2000.
Mr. Kraemer advised relative Family and Youth Opportunities, this is an increased allocation for the
Comprehensive Services Act in Juvenile Detention by approximately SI-MILLION in the Contingency
account. In terms of the number of complaints and investigations, the CPS cases have stabilized in recent
years. New state and federal requirements, however, such as mandated taped interviews, required
predisposition conferences with alleged perpetrators, required additional training for workers, escalated
legal challenges by alleged abusers have all increased time efforts devoted to this program. Because of the
importance of this mandated program, six part-time positions were converted to full-time which should help
reduce turnover and subsequent backlog of cases due to productivity lost during vacancies and retraining.
Funding is also being provided to rehabilitate the Beach House on Wildwood Drive, provide dental services
for 2,000 children, immunize 600 children 2years of age, serve 1500 clients with the Detox program, and
assisted 135 mentally retarded people gain and bom suitable employment.
Mrs. Hensley advised this Division manages a citywide network of 203 district, community and
neighborhood parks totaling over 2,500 acres.
Mayor Oberndorf complimented and expressed appreciation to Dr. Terry S. JenMns - Director- Mental
Health/Mental Retardation/Substance Abuse, for conducting her Second Annual Community Services
Seminar, with public involvement. Clients have called and written the Mayor relative concerns and she
immediately relays these to Dr. Jenkins.
Dr. Jenkins advised part of the delay in Medicaid reimbursement has been addressed since the Budget
document was compiled. Some of the one time only State funding, the City Council approved, has enabled
enhancements to the reimbursement and management information system; therefore, the last six weeks has
shown an improvement. The turn-around time has been quicker. Medicaid funding is accomplished through
electronic billing. The department is awaiting a report from consultants hired by Medicaid. These
consultants visited 15 localities a year ago and reviewed costs to determine recommendations for
reimbursement rates. Dr. Jenkins advised drug screenings are performed on certain City safety employees.
Further information will be provided.
April 25, 2000
-4-
BUDGET WORKSHOP
ITEM # 46502 (Continued)
Dr. Venita Newby-Owens, Director - Health Department, advised additional allocation of funds from the
General Assembly's mandated and non-mandated services. The amount of $225,000 each year in the
Biennium equated to $450,000. Virginia Beach was the last on the list for per capita funding of all the Health
Districts in the State. This one-time funding has moved the City from thirty-fifth to thirty-fourth. The City
Manager advised every year the City's Legislative Package has requested this funding formula be re-
examined. A recent report by the Joint Legislative Audit and Review Commission (JLARC) recommended
the Department of Health develop and implement a policy that would define the allocation of the State's
share of the cooperative budget. The allocation would build upon and extend the needs based formula and
staffing standards for use in making funds available to the local Health Departments. Dr. Newby-Owens
advised the Health Department has worked closely in a collaborative referral relationship with the Beach
Health Clinic. When the general Medical Clinic for the Health Department closed, approximately 3 years
ago, patients were transferred to the Beach Health Clinic. The Health Department no longer provides
medical services for adults.
Robert Matthias, Assistant to the City Manager, advised the approach for a new formula will be on a
regional basis. $4-MILLION was added state-wide in this Biennium, which is on top of the funds Virginia
Beach received directly.
Regarding health inspections, Dr. Newby-Owens advised there is not a list ranking restaurants. They either
pass or fail the inspection. If the restaurant is having difficulties, the Health Department reinspects on a
regular basis until the problem is corrected.
Daniel M. Stone, Director - Social Services, advised relative the Homeless programs, the Lighthouse
continues to operate each day. Overall the churches and the private community (with assistance of city
grants) are working very well regarding the homeless. Social Service operates a homeless emergency
program, supporting families homeless for a temporary period of time and also work with single individuals.
A statefundedprogram attempts to forestall foreclosures on homes for unemployed individuals.
Mayor Oberndorf inquired relative the homeless, standing on islands between the lanes of traffic, especially
on Newtown Road, holding signs stating "hungry need money ". The Lighthouse was built to allow the
homeless to bathe during the day and laundry their clothes. Mr. Stone advised many individuals run the
range from substance problems to mental health problems. Many are not capable of holding down on a job
on a permanent basis. Some individuals panhandle up to $25,000 a year. The state adopted VIP and VIEW
programs as the basis for implementing federal legislation. A new phase in welfare reform was reached as
October 1999 marked the mandatory termination period of benefits for some welfare recipients. The State's
reform limits benefits to two contiguous years with a cap of five years total (two on welfare, one off, and no
more than an additional two years). So far, 1,663 recipients have been enrolled in VIEW, of whom 70% have
obtained employment (at an average hourly wage of $6). Affordable day care is an important component
of Welfare Reform in that it aids in retention of employment among participants. Participants in the VIEW
as well as qualified citizens, may be eligible to receive full-day care funding, enabling them to seek work or
attend school.
Mr. Stone referenced the success of the "Fathers in Training "program, which has instructed approximately
1,000 young men. As this has been such an ongoing support group for these individuals, an all male chorus
was created.
Mr. Kraemer advised relative the Policy and Decision Support Section, in 1999, over 11,000 individuals
volunteered services to increase the efficiency of the government. 3.4 FTE's were added to the General
Registrar's office. This was associated with the Presidential elections in November. An additional attorney
was added to Law to provide increased services to the School Board and Administration. The City Clerk's
Office provides state-of-the-art technological services with six departments ported to research historical
records. This year, the Community Organization Grants received a 95°/6 increase in funding requests.
Mayor Oberndorf referenced comments related to "cutting the fat" in government. The City Manager
advised that with the reorganization, the number of staff and assistants is the same as a number of years ago.
The responsibilities for the Volunteer Council has been shifted to his office from the office of the City Clerk.
This is just a transfer of particular functions, no additional employees. Virginia Beach has the lowest number
of City employees per population.
April 25, 2000
-5-
BUDGET WORKSHOP
ITEM # 46502 (Continued)
Council Lady Eure referenced the need for a qualified landscape individual who could assist and supervise
inspections in the Planning Department. Council Lady Parker referenced the Landscape Service Department
has the knowledge to make the needed changes relative these issues. In the past, they made the field
inspections regarding applicants' landscaping.
Mayor Oberndorf inquired relative the number of inspectors to be included within the Budget and the
number working the weekends. The City Manager advised this information will be provided. Mayor
Oberndorf referenced violations of parked vehicles utilized as signage (rolling billboard). Four inspectors
are not sufficient for a 310 square mile city, The trash along the highways is increasing. The City Manager
advised 3 79 illegal signs in the medians were picked up this weekend. Andy Friedman, Director - Housing
and Neighborhood Preservation, advised concerning inspections on weekends. The work is coordinated
between the Planning Department and Housing and Neighborhood Preservation; however, the two functions
have not been fully integrated. The Department of Housing and Neighborhood Preservation has twenty-two
(22)permanent and six (6) temporary inspectors. The only regular inspections on weekends are at the Resort
area in the morning and on Holidays, concerning the appropriate use of the waste disposal ordinance. In
the planning stages is the creation of a joint volunteer inspection force with the Planning Department which
would focus on weekend and night inspections as this gap in coverage has been recognized. The City
Manager advised information will be forwarded to the business community advising them of the zoning
regulations relative signs. The City Manager advised there are zoning inspectors, housing code inspectors
and Fire Department inspectors. The City is attempting to coordinate the activities of those three areas.
Council Lady Parker requested information be provided relative the number of inspectors in each category.
Council Lady Henley advised businesses to be successful need a certain amount of exposure. Signs can be
a service to the public. Therefore, there are two sides to the story and business signs should be visible.
Council Lady Henley suggested public comment be encouraged relative these signs. Councilman Branch
expressed concern relative advertising banners on businesses. The City Manager advised the sign ordinance
is in the process of being reviewed. Mayor Oberndorf referenced concerns of citizens relative housing code
and zoning violations which were not receiving summons of violation. Mr. Friedman advised his inspectors
issue approximately 1500 notices every year. There is no limit.
Councilman Baum referenced comparisons of Council Members and Planning Commissions 'salaries within
the adjacent municipalities. Council Members Baum and McClanan advised this is not a complete picture
as it does not detail support staff, services, expenses provided (i.e. mileage). The City Manager advised a
Council policy should be developed with a methodology for revision every few years. This removes it from
the political arena.
Information relative the legal requirements and compensation of the various Boards and Commissions shall
be provided.
Mayor Oberndorf referenced requests of the Mayor's Committees for the Disabled and Elderly, not for
compensation, but staff support to prepare and distribute their minutes: Lisa White, Media Specialist in the
Mayor's Office, provides tremendous support and prior to her Helen Spore performed this function. Mayor
Oberndorf advised the years she served on the Library Board, the Members were never compensated and
never expected to be compensated. Members of the Library Staff prepared the minutes of the meeting.
Council Lady Eure requested information relative which Boards and Commissions are being provided
meals. Since she has been serving on the Minority Business Council, she has a lovely hot meal at each
meeting.
Mayor Oberndorf referenced suggestions of citizens relative street sweepers be utilized in the residential
areas at least once or twice a month, which would provide at least some service for the resident 's real estate
tax. The City Manager advised street sweeping was eliminated a number of years ago, other than on a "spot
problem "application basis; however, an analysis could be provided relative the phasing-in of this process
and cost per cycle. Concerning mowing operations in the southern portion of the City, information shall be
provided relative utilizing city services versus contracting out. Councilman Jones advised receipt of
continued complaints concerning the mowing of the medians along Shore Drive.
Mayor Oberndorf referenced the request of the Disabled American Veterans for a "freeze" on real estate
tax assessments, for the 100% disabled American Veteran. The Veterans Administration distinguishes the
veterans who are 100% disabled. A 100% disabled veteran cannot work or they lose their pension. Mayor
Oberndorf wished this item be reviewed.
does his assessment keep increasing when nothing will be built upon this land. This was the first time his
fencing had been taxed and apparently only a few horse farms were taxed for their fencing.
April 25, 2000
-6-
BUDGET WORKSHOP
ITEM # 46502 (Continued)
Mayor Oberndorf referenced correspondence from a citizen (Eugene Hanson) relative the City purchasing
development rights in order to preserve open space and farm protection in the southern end of the City. The
citizens inquired re assessment of his fencing around his horse farm.
Councilman Harrison believed this correspondence might be subject to Closed Session. The Real Estate
Assessor shall be provided a copy of this letter.
Council Lady Henley referenced a DRAFT ora City Council Policy re the real estate freeze~exemption
program annually, applying to all elderly and disabled citizens. Possibly, a percentage~[brmula could be
adopted for an annual evaluation.
April 25, 2000
-7-
PRESENTATION
MINORITY BUSINESS CO UNCIL
4:26 P.M.
ITEM # 46503
Chair Louisa Strayhorn - Minority Business Council, introduced the members of the Council:
Sylvia Strickland-Primm
Vice Chair
Edward Hamm
Past Chair
Margaret L. Eure
Council Member
Helen V. Preti
Luis Rivera
Shewling Moy Wong
Chair Strayhorn advised the mission of the Minority Business Council:
To assist the City in its efforts to increase participation of minority-owned
businesses, woman-owned businesses and small businesses in the
procurement process and to assure that procurement opportunities are
made available to all persons regardless of race, religion, color, sex,
national origin or disability.
GOALS
Identify and encourage city agencies and firms projecting the City 'S image
to fairly reflect Virginia Beach as a City of ethnic and racial diversity when
carrying forward the City's business.
Help achieve and maintain the opportunity for improved minority business
participation levels in the procurement process for goods and services and
construction and housing
Chair Strayhorn cited the 1999 accomplishments.
Doing Business with the City of Virginia Beach Minority Business
Conference and Expo
The Minority Business Conference and Expo was held on
Thursday, May 27, 1999. The event was aimed at helping
minority, small and female contractors, vendors and suppliers to
understand the procurement policies and procedures of the City
and to become more familiar with the City's requirements for
goods and services.
Improved and Revised Reports
The Finance Department staff revised the reports to provide a
broader view of the City's business activity with minority
vendors. The revised reports provide an expanded view of the
City 's successes with the targeted group in comparison with the
total amount of business activity.
Expanded Minority Database
The MBC and City staff worked with an Old Dominion University
intern to review and expand the City's existing database, with
emphasis on the areas of construction, architectural and
engineering services. (These areas appeared to have very low
minority bidder participation). This increased the City's
database by 327potential minority bidders.
April 25, 2000
-8-
PRESENT,4 TION
MINORITY BUSINESS COUNCIL
ITEM # 46503 (Continued)
Conducted Forum with Local Contractors
City staff met with several local area construction, architectural
and engineering contractors on June 29, 1999, to brainstorm
and develop ideas to improve minority sub-contractor
participation in City's contracts, with the following outcomes:
Their ideas contributed to the MBC goals for the upcoming year.
Developed new Bid and RFP language to increase information from
prime contractors on the intended use of minority sub-contractors.
As a result of the ideas generated by the Forum, the language in
City Bid and RFP documents was strengthened in an effort to
acquire more specific information on prime contractor's efforts
in using minority sub-contractors.
Improved Awareness of City Staff
All procurement processes are designed to work well within the
limitations of the law. However, in order to recognize the value
of the goals of the Minority Business Council and their role that
education awareness and opportunity are achieved to the
maximum degree possible, several steps were taken by the
Purchasing Agent Rick Berry:
Met with decentralized (departmental) purchasing staff to
provide guidance on procurement.
Met with his staff on a regular basis to insure that they were
continually aware of the activities of the Minority Business
Council and their role improving participation of minority,
women-owned and small businesses in all aspects of their work.
Met with the Department of Public Works/Public Utilities on
several occasions to develop recommendations to improve
participation of minority, women-owned and small business
contractors and sub-contractors.
Rick Berry, as President of National Institute of Governmental Purchasing, has been a stalwart supporter
of the Council's goals both nationally and internationally.
Chair Strayhorn cited the Goals for 2000 and Beyond.
Improve procurement process to increase business to minority, women-
owned and small businesses.
Improve Outreach (Public Relations).
Educate on procurement processes.
Expand data base for women-owned, small and minority businesses.
Keep abreast of developments in policies and laws regarding minority,
women-owned and small businesses.
Minority construction, goods and services awards increased in 1998-99from 4.08% to 5.59%.
April 25, 2000
9
PRESENTATION
MINORITY BUSINE$S CO UNCIL
ITEM # 46503 (Continued)
S UMMAR Y
MINORITY BID & RFP Awards Exceeding $30,000
95/96 96/97 97/98 98/99
Construction and Goods &
Services
Total awards to minorities $ 2,881,379 $ 9,436,012' $ 3,001,166 $ 4,058,796
Totalawardstoallvendors $ 160,492,106 $ 117,526,013 $ 73,572,702 $ 72,580,353
% of total contract $ awarded 1.80% 8. 02% 4.08% 5.59%
to minorities
Department of Housing and
Neighborhood Preservation
Rehab Construction
Total awards to minorities Figures $ 266,979 $ 166,175 $ 125,843
Total contracts awarded Unavailable $ 426,982 $ 604,541 $ 1,070,579
% of total contract $ awarded 62.52% 27.48% 11.75%
to minorities
Payments
Total payments to minority $ N//A $ N/A $ N//A $ 1,811,354
vendors
Total payments to all $ 90,410,585
competitive vendors
% of total payments to 2.00%
minority vendors
A more fair and accurate measurement of the MBC's success can be found in its efforts to (i) increase the
number of minority-owned, women-owned andsmall businesses on the City's bidders list, (ii) assist City staff
in recognizing potential barriers to the participation of such businesses in the procurement process, and (ii)
make such businesses more aware of procurement opportunities in the City. It is the MBC's belief that, over
the long term, these efforts will not only increase the participation of minority-owned, woman-owned and
small businesses in the procurement process, but will also result in the award ora greater percentage of City
contracts to such businesses.
Mayor Oberndorf expressed appreciation to Chair Strayhorn and the Minority Business Council.
April 25, 2000
-lO-
CITY MANAGER'S BRIEFING
BEACHES AND WA TER WA YS COMMISSION
4:50 P.M.
ITEM # 46504
Robert Matthias, Assistant to the City Manager, advised members of City Council have suggested an
appointed advisory commission may be appropriate to more comprehensively deal with various policy and
program issues related to the City's beaches and waterways. Also, City Council has an adopted policy to
periodically review all Council appointed boards and commissions. The Virginia Beach Erosion Commission
has existed since 1952. The Erosion Commission was transformed in 1989from a Governor-appointed,
quasi-state agency to a Council-appointed City advisory commission. During this transformation its mission
changed for an agency empowered to manage a workforce, real estate and a budget to an advisory
commission for City Council on public beach creation and preservation. In 1996, the Erosion Commission
ceased conducting regular meetings as its workload did not warrant continuation. The Policy Report is
hereby made part of the record. The proposed mission statement for a potential Beaches and Waterways
Commission was developed:
The commission is appointed by City Council to review issues referred by
the City Council involving he City s beaches and waterways and to make
recommendations to the City Council as stewards of our most significant
natural resources.
Mr. Matthias advised the three (3) alternatives:
Create a new board or commission as a successor to the Erosion
Commission
Assign Beaches and Waterways Issues to an existing Board or
Commission
Combine existing boards or commissions and assign beach and waterway
issues to the new joint board or commission.
Alternative 3, combining the existing Wetlands Board, Chesapeake Bay Preservation Area Board and the
Erosion Commission, and assigning all beach and waterway issues to a new commission appears to be the
most beneficial, efficient and practical recommendation. However, because of the potential necessity for
legislative action and the difficulties anticipated in implementing Alternative 3, it is recommended that
Alternative 1 be implemented at this time as an interim measure. It is recommended the size of the new
commission be limited to seven (7) members with representation from each Council District, and that board
members be paid $50.00 each for each meeting attended. It is recommended that one new full-time clerical
position be created at the Secretary III level in the 2000-2001 Resource Management plan. Further, direct
support for the new commission at $9,200 (seven members times 12 meetings at $50.00 each member, $15. O0
for advertising, letterhead, etc., plus $3,500for travel and training) per year should also be included in the
Resource Management Plan for Budget Unit 10020.
This will be an Advisory Board only. The Board will only consider matters assigned by the City Council.
The staff work shall be completed and an appropriation Ordinance scheduled for a City Council Session
on the proposed Beaches and Waterways Commission with appointments shall be scheduled to be effective
July First.
The Sunset Policy will be implemented in coordination with the City Attorney and City Clerk.
Recommendations shall be brought to City Council for the Boards and Commissions regarding "sunset ".
April 25, 2000
AGENDA
-ll-
RE VIE W SESSION
5:23 P.M.
ITEM # 46505
J. 1
Ordinances to AUTHORIZE the acquisition of Agricultural
Land Preservation.(ARP)_easements and the issuance by the City
of its contract obligations:
a. Robin D. and Bessie S. Davenport
b. Mildred C. Furlough
c. Mildred C. Furlough
d. George B. and duanita F. Pendleton, Jr
$285,876
$490,620
$31&903
$689,477
Council Lady McClanan will vote a Verbal Nay on this item.
ITEM# 46506
Ordinance to AUTHORIZE a lease with The Beach Quarters Inn
re a 22-foot strip abutting the west side of Atlantic Avenue for
additional parking spaces.
Councilman Jones inquired if this is a one-year lease with the option of the lessee to renew for four more
years. The City Manager concurred and advised a 30-day notice for termination will be included.
ITEM# 46507
Ordinance to TRANSFER $2,969 from the General Fund
Reserve for Contingencies to the FY 2000 Operating Budget of
the Sheriff's Department re reimbursing a Deputy Sheriff for
legal fees and expenses incurred in defense of criminal charges
while performing official duties.
Council Lady McClanan expressed concern relative this item.
Assistant City Attorney Randall Blow advised in the case of the Sheriff's employees, the City can apply to
the State Compensation Board for reimbursement of two-thirds of the amount of the legal.fees. Therefore,
the City will only be paying one-third of the legal fees. This is discretionary, as the State Code states, "the
City may reimburse law enforcement officers for legal fees they incur in carrying out their duties ".
ITEM # 46508
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES/RESOL UTION
H. 1
Ordinances to AUTHORIZE the acquisition of Agricultural
Land Preservation.(AP, P)._easements and the issuance by the City
of its contract obligations:
a. Robin D. and Bessie S. Davenport
b. Mildred C. Furlough
c. Mildred C. Furlough
d. George B. and duanita F. Pendleton, ,Ir.
$285,876
$490,620
$318,903
$689,477
April 25, 2000
- 12-
AGENDA RE VIEW SESSION
ITEM # 46508 (Continued)
17.2
Ordinance to AMEND Chapter 36, Article IV, of the City Code
to streamline the process and AUTHORIZE the police
department as the office to issue Certificates of public
convenience and necessity re Taxicabs.
H3 Ordinances granting operation of Open Air Cafes in the Resort
Area:
a. NEW FRANCHISES
(1) Clearwater Investment Associates, L.P.
t/a Sheraton Oceanfront Hotel
Boardwalk Cafd
3501 Atlantic Avenue
(2) Megabytes, L.L.C. Sidewalk Cafd
t/a Salsa's Restaurant
812 Atlantic Avenue
(3) AHA TA, L.L.C. Sidewalk Cafd
t/a Pier 23 Restaurant
2224 Atlantic Avenue
b. RENEWAL FRANCHISES
(1) Virginia George Company, Inc.
t/a Dough Boys California Pizza
(2) Calabrese Management Group, Inc.
t/a Albie's Pizza
Sidewalk Cafd
2410 Atlantic Avenue
Sidewalk Caf~
200 21st Street
(3) Planet Pizza, Inc. Sidewalk Cafd
t/a Fish Bones Restaurant
812 Atlantic Avenue
(4) Sunsations, Inc Sidewalk Cafd
t/a Haagan-Dazs
21 O0 Atlantic A venue
(5) Leeward Princess Ann Investment Assoc., L.L.C.
t/a Marriott Courtyard VB Oceanfront
Boardwalk Cafd
2500 Atlantic Avenue
(6) Tampico Enterprises, Inc.
Sidewalk Card
t/a Abbey Road Restaurant
203 22~a Street
(7) A. C.A. Corporation
Sidewalk Cafd
t/a Black Angus
706 Atlantic Avenue
Ordinance to AUTHORIZE a lease with The Beach Quarters Inn
re a 22-foot strip abutting the west side of Atlantic Avenue for
additional parking spaces.
Ordinance to TRANSFER $2,969 from the General Fund
Reserve for Contingencies to the FY 2000 Operating Budget of
the Sheriff's Department re reimbursing a Deputy Sheriff for
legal fees and expenses incurred in defense of criminal charges
while performing official duties.
Ordinance to ACCEPT and APPROPRIATE $80, O00 from the
Department of Criminal Justice Services to the FY 2000
Operating Budgets of the Office of Community Corrections and
The Sher!ff's Department re additional personnel and associated
equipment to meet the increased demand for pre-and post-trial
services.
Resolution REQUESTING the Virginia Beach Circuit Court
issue a Writ of Election to the Secretary of the Virginia Beach
Electoral Board and ordering a Special Election on the same
date in the General Election in November 2000 re the vacancy in
the office of Commonwealth's Attorney.
April 25, 2000
- 13-
,4 GEND'4 RE VIE W SESSION
ITEM # 46508 (Continued)
J. 8. REFUNDS:
a. LICENSE $18,485. 76
b. T`4X $ 7,387.58
Council Lady McClanan will vote a VERB,4L NAY on Item J. 1.
April 25, 2000
-14-
.4 GEND.4 RE VIE W SESSION
ITEM # 46509
K. 1. Application of MIL TON.4. P.4LMER, SR., for an expansion of
a nonconforming use at 309 Shipps Lane, containing 9,900
square feet. (BEACH- DISTRICT 6)
This item will be DEFERRED INDEFINITEL Y, BY CONSENT.
ITEM # 46510
K. 2 Application of JUDEO-CHRISTI.4N OUTRE.4CH CENTER,
INC., for a Conditional Use Permit. for a group home expansion
on the south side of Virginia Beach Boulevard, east of South
Birdneck Road (1053 Virginia Beach Boulevard), containing
41,817. 6 square feet. (BEA CH- DISTRICT 6).
Council Lady McClanan expressed concern relative the responses regarding the 'Junk cars". Council Lady
McClanan wished the City Manager to review. This item will be clarified during the Formal Session.
ITEM # 46511
Applications of OXFORD PROPERTIES, L.L.C., d/b/a/ D.4M
NECK SELF STORAGE on the east side of General Booth
Boulevard, north of Culver Lane (1874 General Booth
Boulevard), containing 3,198 acres. (PRINCESS ANNE -
restrict 7)
Change of Zoning District Classification from AG-2 Agricultural
District to Conditional B-iA Limited Community Business
District.
b. Conditional Use Permit for mini-warehouses, office and
apartment.
Council Lady Henley requested this be REFERRED BACK TO THE PLANNING COMMISSION
ITEM # 46511
K. 5. Application of WILLI.4MS HOLDING CORPORATION for a
Change of Zoning District Classification from R-5D Residential
Duplex District to B-2 Community Business District on the west
side of Centerville Turnpike north of Kempsville Road re
commercial land use for retail, office and other compatible uses,
containing 14,505 square feet. (CENTER VILLE- DISTRICT 1)
Council Lady Eure advised this item should be DEFERRED until May 9, 2000.
ITEM # 46512
K. 6.
Applications of ROBERT STEINHILBER and HERBERT,4.
CULPEPPER at the Southwest intersection of Blackwater Road
and Blackwater Loop, containing 320 acres (PRINCESS ANNE -
DISTRICT 7).
Variance to Section 4.2(m)(1) of the Subdivision Ordinance
which requires a minimum pavement width for the proposed cul-
de-sac re a proposed 26-foot pavement width and swales in lieu
of curb and gutter to route stormwater runoff.
b. Conditional Use Permit for an alternative residential
development
Council Lady Henley advised the applicant requested a two week deferral to May 9, 2000, City Council
Session, as they were meeting with the Health Department to review some of the sites.
April 25, 2000
- 15-
AGENDA RE VIE W SESSION
ITEM # 46513
K. 7. RECONSIDERATION: Changes of Zoning District Classifications
(BEACH - DISTRICT 6) lost to negative vote March 7, 2000:
COLLETT PROPERTIES, INC., and COLLETT
CHESAPEAKE PARTNERS, L.L.C. from B-2 Communi_ty
Business District to Conditional B-2 Community Business
District at the Southeast intersection of Virginia Beach
Boulevard and Parker Lane, containing 3.481 acres.
COLLETT PROPERTIES, INC., from I-1 Industrial District to
Conditional B-2 Community Business District on the East side of
Parker Lane, beginning 150feet more or less South of Virginia
Beach Boulevard, containing 8. 433 acres.
There was confusion relative a request by the applicant for a DEFERRAL to the City Council Session of May
9, 2000. This application shall be discussed during the Formal Session.
ITEM # 46514
K. 8 Application of the CITY OF VIRGINIA BEACH to AMEND
Section 401 of the City Zoning Ordinance (CZO) re permitted
uses in the AG-2 Agricultural Districts.
NO ACTION IS REQUIRED BY CITY COUNCIL as this item was DEFERRED by the Planning
Commission to their May 10, 2000 agenda.
ITEM # 46515
BY CONSENSUS, the following items shall compose the PLANNING B Y CONSENT AGENDA.
Application of MIL TON A. PALMER, SR., for an expansion of
a nonconforming use at 309 Shipps Lane, containing 9,900
square feet. (BEACH - DISTRICT 6)
Application ofM. M. GUNTER & SON, INC.,for a Conditional
Use Permit for the expansion of an existing borrow pit east of
Bernadotte Street beginning at 1100feet south of Seaboard Road
(2 737 Seaboard Road), proposed expansion to add 15.14 acres
to the existing 40.10 acres. (PRINCESS ANNE- DISTRICT 7)
Applications of OXFORD PROPERTIES, L.L.C., d/b/a/ DAM
NECK SELF STORAGE on the east side of General Booth
Boulevard, north of Culver Lane (1874 General Booth
Boulevard), containing 3,198 acres. (PRINCESS ANNE -
DISTRICT 7)
Change of Zoning District Classification from A G-2 Agricultural
District to Conditional B-IA Limited Community Business
District.
b. Conditional Use Permit for mini-warehouses, office and
apartment.
Application of WILLIAMS HOLDING CORPORATION for a
Change of Zoning District Classification from R-SD Residential
Duplex District to B-2 Community Business District on the west
side of Centerville Turnpike north of Kempsville Road re
commercial land use for retail, office and other compatible uses,
containing 14,505 square feet. (CENTERVILLE- DISTRICT 1)
April 25, 2000
-16-
,4 GEND,4 RE VIE W SESSION
ITEM # 46515 (Continued)
K. 6. Applications of ROBERT STEINHILBER and HERBERT,4.
CULPEPPER at the Southwest intersection of Blackwater Road
and Blackwater Loop, containing 320 acres (PRINCESS ANNE-
DISTRICT 7).
Variance to Section 4.2(m)(1) of the Subdivision Ordinance
which requires a minimum pavement width for the proposed cul-
de-sac re a proposed 26-foot pavement width and swales in Heu
of curb and gutter to route stormwater runoff.
b. Conditional Use Permit for an alternative residential
development
Item K. 1. DEFER INDEFINITEL Y, B Y CONSENT
Item K. 4. REFER B,4CK TO THE PL,4NNING COMMISSION, BY CONSENT.
Item K. 5. DEFER until the City Council Session of May 9, 2000, BY CONSENT
Item K. 6. DEFER until the City Council Session of May 9, 2000, BY CONSENT
April 25, 2000
-17-
ITEM # 46516
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSlON of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building,, on Tuesday, April 25, 2000, at 5.'33
P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, A. M. "Don" Weeks
and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
April 25, 2000
-18-
ITEM # 46517
Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-344(,,1), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion , consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
Boards and Commissions:
Francis Land House Board of Governors
Health Services Advisory 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 real property, for discussion in an open
meeting which would adversely affect the bargaining position or
negotiating strategy of the public body pursuant to Section 2.1-344(A)(3).
Acquisition/Disposition of Property - Lynnhaven District
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into
CLOSED SESSION.
Voting: 1 O- 0
Council Members Voting Aye:
John A. Baum, Margaret L. Eure, William I,K. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
April 25, 2000
- 19-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April 25, 2000
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 25, 2000, at 6:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William
D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Absent:
None
INVOCATION:
Reverend Paul C. Bailey, D.D.
Virginia Beach United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the
agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as
an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the
Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January
4, 2000, is hereby made a part of the record.
April 25, 2000
Item VI-E.
- 20 -
CER TIFIC.4 TION OF
CLOSED SESSION
ITEM # 46518
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11- 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM g46517 Page 18, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
t(uth Hodges~mith, MMC
City Clerk
April25,2000
-21 -
Item VII-F. 1.
MINUTES
ITEM # 46519
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council APPROVED the
Minutes of the INFORIIlAL AND FORMAL SESSIONS of April 11, 2000.
Voting: 11-0
Council Members Voting Aye:
dohn A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W
Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, dr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
Item VII-F.2.
- 22 -
MINUTES
ITEM # 46520
Upon motion by. Vice Mayor Sessoms, seconded by Council Lady Eure, City Council APPROVED the
Minutes of the PUBLIC HEARING - RESOURCE M/INA GEMENT PLAN- April 13, 2000, "Community
for a Lifetime"- Princess Anne High School INFORMAL AND FORMAL SESSIONS.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, }~illiam [Y.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf and Vice Mayor l~illiam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker and A. M. "Don" Weeks
Council Members Absent:
None
Council Members Parker and Weeks ABSTAINED, as they were absent during the City Council Session
of April 13, 2000.
April 25, 2000
Item VII-G.
ADOPT AGENDA
FOR FORMAL SESSION
- 23 -
ITEM # 46521
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
April 25, 2000
24-
VII-H. 1.
PRESENTATION
ITEM # 46522
Mayor Oberndorf PROCLAIMED:
May 6, 2000
Special Olympics Day
Robert S. Miller, III,, Vice Chair - Area II Special Olympics, ACCEPTED the Proclamation. Anthony
Sweeney, Athlete, sang the National Anthem. Special Olympics is an international movement of sports
training and competition which gives children and adults who are mentally challenged an opportunity to
develop their physical skills, display their abilities and most importantly, fulfill their human potential. The
Area H Annual Track and FieM games, including Virginia Beach Special Olympics, will be held on
Saturday, May 6, 2000, at Bayside High School in Virginia Beach.
April 25, 2000
VII-H. 2.
RECOGNITION
- 25 -
ITEM # 46523
Mayor Oberndorf recognized the Boy Scout in attendance to earn his merit badge for Citizenship and
Community service.
Troop 362
John G. Bradley
(Accompanied by mother: Jane C. Bradley)
Father, Stephen, is Scout Master
April 25, 2000
VII-I.l.a.
PUBLIC HEARING
- 26-
ITEM # 46524
Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING:
REAL PROPERTY TAX INCREASE- Proposed
The following registered to speak:
Donald Knickles, 61- 24th Street, Phone: 428-2167
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
April 25, 2000
VII-I. 1. b /c/d/e/f
PUBLIC HEARING
-27-
ITEM # 46525
Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING:
RESOURCE MANAGEMENT PLAN- "Community for a Lifetime"
TRANSIENT LODGING TAX AMENDMENT -
Extension of existing TAX RA TE
BONDS
GENERAL OBLIGATION BONDS
[Schools, Roadways, Coastal, Buildings,
Economic Development, Convention and
Tourism, Parks and Recreation and other
public facility improvementsJ
STORM WATER UTILITY BONDS
WA TER and SE WER UTILITY RE VENUE BONDS
FY2000-2001 OPERATING BUDGET
FY 2000-2001 CIP CAPITAL BUDGET
FY 2000-2001/2005-2006 C IP
$ 49, 700, 000
$ 3, 900, 000
$ 7, 890, 000
$1,115,679,755
$ 135,224,540
$1,431,872,855
The following registered to speak:
Michelle Groombridge, 2560 Pamlico Loop, Phone: 427-6406, spoke relative the Endependence Center
Mary Puryear-Butler, 3300 Doncaster Road, Phone: 340-3300, spoke in Opposition to 313' Street
development
Muriel Duclay, 501 Front Street, 622- 7382, spoke in Opposition to the proposed Dolphin Tank at the
Virginia Marine Science Museum
Jennie Taylor, 409-202 Sea Point Court, Phone: 420-5653, spoke in Opposition to the proposed Dolphin
Tank at the Virginia Marine Science Museum
Ron Marater, 4304 Suber Court, Phone: 340-6464, spoke in Opposition to the proposed Dolphin Tank
at the Virginia Marine Science Museum
Bill Neely, 490 Piney Branch Court # 103, Phone: 43 7- 7024, spoke in Opposition to theproposed Dolphin
Tank at the Virginia Marine Science Museum
Sandra Wood, 4277 Blackwater Road, Volunteer with the Virginia Marine Science Museum, spoke in
SUPPORT of their budget.
Heather Moor, 1019 Young Cedar Court, spoke in Opposition to the proposed Dolphin Tank at the
Virginia Marine Science Museum
dannette Patterson, 918 Colonial Avenue #B, Phone: 622-4646, spoke in Opposition to the proposed Dolphin
Tank at the Virginia Marine Science Museum
Karen Porrecea, 1604 Hinton Court, Phone: 474-1491, spoke in Opposition to the proposed Dolphin
Tank at the Virginia Marine Science Museum
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
April 25, 2000
VII-I.2.
PUBLIC HEARING
- 28-
ITEM # 46526
Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING:
.4 GRICUL TURAL PRESER VA TION PROGRAM (ARP)
(Princess Anne - District 7)
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
April 25, 2000
- 29-
VII-I. 3.
PUBLIC HEARING
ITEM # 4652 7
Mayor Meyera E. Oberndorf DECL,4RED .4 PUBLIC HEARING:
TAXI FARE INCRE.4SE
The following registered to speak in SUPPORT:
Melvin Dozier, 184 South Plaza Trail, Phone; 486-6585, representing Beach Taxi.
Andrew Felix, 1541 Beach View Drive, Phone: 467-4752. represented Andy's Cab Company
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
April 25, 2000
- 30-
Item VII-J.
ORDINANCES/RESOL UTION
ITEM # 46528
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN
ONE MOTION, ORDINANCES/RESOLUTION, 1, 2, 4, 5, 6, 7 and 8 of the CONSENT AGENDA.
Voting: 11- 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, Y~illiam W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan voted a VERBAL NAY on Item 1
April 25, 2000
-31 -
Item VII-J. 1.
ORDINANCES/RESOL UTION
ITEM # 46529
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinances to AUTHORIZE the acquisition of Agricultural Land
Preservation .(ARP) easements and the issuance by the City of its
contract obligations:
a. Robin D. and Bessie S. Davenport
b. Mildred C. Furlough
c. Mildred C. Furlough
d. George B. and Juanita F. Pendleton, Jr.
$285,876
$490,620
$318,903
$689,477
Voting:
10-1 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
Reba $. McClanan
Council Members Absent:
None
April 25, 2000
- 32 -
Item VII4.2.
ORDINANCES/RESOL UTION
ITEM # 46530
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND Chapter 36, Article IV, of the City Code to
streamline the process and AUTHORIZE the Police Department as the
office to issue Certificates of public convenience and necessity re
Taxicabs.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IlL Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
Item VII4.3.
- 33 -
ORDINANCES/RE. SOL UTION ITEM # 46531
Barbara Messner, 1413 Kara Court, Phone; 422-1902, registered in OPPOSITION.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council: ADOPTED:
Ordinances granting operation of Open ,4ir Cafes in the Resort Area:
a. NEW FRANCHISES
(1) Clearwater Investment Associates, L.P.
t/a Sheraton Oceanfront Hotel
(2) Megabytes, L.L.C. Sidewalk Caf~
t/a Salsa's Restaurant
(3) AHATA, L.L.C. Sidewalk Caf~
t/a Pier 23 Restaurant
b. RENEWAL FRANCHISES
(1) Virginia George Company, Inc.
t/a Dough Boys California Pizza
(2) Calabrese Management Group, Inc.
t/a Albie's Pizza
Planet Pizza, Inc. Sidewalk Caf~
t/a Fish Bones Restaurant
Sunsations, Inc Sidewalk Caf~
t/a Haagan-Dazs
Boardwalk Cafd
3501 Atlantic Avenue
812 Atlantic Avenue
2224 Atlantic Avenue
Sidewalk Caf~
2410 Atlantic Avenue
Sidewalk Cafd
200 21st Street
812 Atlantic Avenue
2100 Atlantic Avenue
(5) Leeward Princess Ann Investment Assoc., L.L.C.
t/a Marriott Courtyard VB Oceanfront
(6.) Tampico Enterprises, Inc.
(7) A.C.A.Corporation
Voting.- 11-0
Boardwalk Caf~
2500 Atlantic A venue
Sidewalk Caf~
t/a Abbey Road Restaurant
203 22~d Street
Sidewalk Cafd
t/a Black Angus
706 Atlantic A venue
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
- 34-
Item VII-J. 4.
ORDINANCES/RESOL UTION
ITEM # 46532
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AUTHORIZE a lease with The Beach Quarters Inn re a
22-foot strip abutting the west side of Atlantic Avenue for additional
parking spaces.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones', Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
- 35-
Item VII-~.5.
ORDINANCES/RESOL UTION
ITEM # 46533
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $2,969 from the General Fund Reserve for
Contingencies to the FY 2000 Operating Budget of the Sheriff's
Department re reimbursing a Deputy Sheriff for legal fees and expenses
incurred in defense of criminal charges while performing official duties.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William W.
Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, dr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
-36-
Item VII-J. 6.
ORDINANCES/RESOL UTION
ITEM # 46534
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $80, O00 from the
Department of Criminal Justice Services to the FY 2000
Operating Budgets of the Office of Community Corrections and
The Sheriff's Department re additional personnel and associated
equipment to meet the increased demand for pre-and post-trial
services.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
-37-
Item VII-J. 7.
ORDINANCES/RESOL UTION
ITEM # 46535
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution REQUESTING the Virginia Beach Circuit Court issue a
Writ of Election to the Secretary of the Virginia Beach Electoral Board
and ordering a Special Election on the same date in the General Election
in November 2000 re the vacancy in the office of Commonwealth's
Attorne_v.
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
Item VII-J.&
ORDIN/INCES/RESOL UTION
Upon motion by Vice Mayor Sessoms,
- 38-
ITEM # 46536
seconded by Councilman Branch,
City Council .4PPROVED:
REFUNDS:
LICENSE
TAX
$1&4,5.76
$ 7,387.58
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
Item VII-K.
- 39-
PLANNING
ITEM # 4653 7
PLANNING
1. MIL TON A. PALMER
EXPANSION OF .4 NON-
CONFORMING USE
2. JUDEO-CHRISTIAN OUTREACH CENTER, INC
CONDITIONAL USE PERMIT
3. M.M. GUNTER & SON, INC.
CONDITIONAL USE PERMIT
4. OXFORD PROPERTIES, L.L.C.
CONDITIONAL CHANGE OF
ZONING
AND
CONDITIONAL USE PERMIT
5. WILLIAMS HOLDING CORPORATION
CHANGE OF ZONING
6. ROBERT STEINHILBER AND HERBERT A. CULPEPPER
VARIANCE
AND
CONDITIONAL USE PERMIT
7. COLLETT PROPERTIES, INC. AND
COLLE TTE CHESAPEAKE PARTNERS, L.L. C.
AND,
COLLETTE PROPERTIES, INC.
RECONSIDERATION
(CHANGES OF ZONING)
8. CITY OF VIRGINIA BEACH
CHANGE OF ZONING
April 25, 2000
Item VII-K.
- 40-
PLANNING
ITEM # 46538
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE
MOTION Items 2, 3, 4 (REFER BACK TO PLANNING COMMISSION), 5 (DEFERRED) and 6
(DEFERRED) of the PLANNING BY CONSENT. Item 8 did not require action.
Item 4 was REFERRED BACK TO THE PLANNING COMMISSION, BY CONSENT.
Item 5 was DEFERRED, BY CONSENT, until the City Council Session of May 9, 2000.
Item 6 was DEFERRED, BY CONSENT, until the City Council Session of May 9 2000.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IlL Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
Item VII-K. 1.
PLANNING
- 41 -
ITEM # 46539
The following registered in OPPOSITION:
Beverly A. Woodhouse, 420 Cronin Road, Phone: 486-6420
Barbara Woodhouse, 809 Boxhill Court, Phone: 467-1850
Upon motion by Councilman Branch, seconded by Councilman Jones, City Council DEFERRED
INDEFINITEL Y, Application of MIL TON A. PALMER, SR., for an expansion of a nonconforming use
Request for an expansion of a non-conforming use on the west side of
Shipps Lane, north of Virginia Beach Boulevard Property is located at 309
Shipps Lane and contains 9,900 square feet. BEACH- DISTRICT 6.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
Item VII-K.2.
PLANNING
ITEM # 46540
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance
upon application of JUDEO-CHRISTIAN OUTREACH CENTER, INC., for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JUDEO-CHRISTIAN
OUTREACH CENTER, INC FOR A CONDITIONAL USE PERMIT FOR
A GROUP HOME EXPANSION R04003036
BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Judeo-Christian Outreach Center, Inc. for
a Conditional Use Permit for a group home expansion on the south side of
Virginia Beach Boulevard, east of South Birdneck Road (GPIN #2417-65-
2620). Said parcel is located at 1053 Virginia Beach Boulevard and
contains 41, 817. 6 square feet. DISTRICT 6 - BEACH
The following conditions shall be required:
The proposed expansion will be developed strictly in keeping
with the renderings entitled " Judeo-Christian Outreach Center"
prepared by Leland R. Luper Jr., dated February 21, 2000.
The proposed expansion will be developed within the area
designated for the expansion on the submitted plan entitled
"Judeo-Christian Outreach Center ", dated February 21, 2000.
3. No additional residential density will be permitted as a result of
the proposed expansion of the facility.
Construction of the project is to be done in a timely manner. An
appropriate staging area must be designated on the submitted
building plans which does not encumber any of the existing
parking areas and which is entirely on property owned by the
Judeo-Christian Outreach Center, Inc.
A variance to the parking deficiency created by this expansion
must be approved by the Board of Zoning Appeals prior to the
issuance of any site improvement or building permits.
6. Any inoperable cars shall be removed within forty-eight (48)
hours.
This Ordinance shall be effective in accordance with Section 107 (D of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth Of April, Two Thousand
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
Item VII-K. 3.
- 43 -
PLANNING
ITEM # 46541
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance
upon application M. M. GUNTER & SON, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF M. M. GUNTER & SON, INC.
FOR A CONDITIONAL USE PERMIT FOR AN EXPANSION OF AN
EXISTING BORROW PIT R0400303 7
BE IT ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of M. M. Gunter & Son, Inc. for a Conditional
Use Permit for the expansion of an existing borrow pit 500feet more or
less east of Bernadotte Street, beginning at a point 1100feet more or less
south of Seaboard Road. Saidparcel is located at 2 737 Seaboard Road and
contains 55.24 acres (existing borrow pit is 40.10 acres and proposed
expansion area is 15.14 acres). PRINCESS ANNE - DISTRICT 7
The following conditions shall be required:
No excavation or restoration of the borrowpit expansion shall be
allowed without first obtaining any necessary permits from the
appropriate Federal, State and Local Agencies, required as a
result of the expansion of the existing borrow pit operation. In
addition, the applicant shall obtain a Non-Metallic Mineral
Mining General Permit from the Department of Environmental
Quality for the proposed expansion.
No excavation or restoration of the borrow pit shall commence
until such time that a site plan has been reviewed and approved
by the Development Services Center. In addition, all required
landscaping shall be installed prior to any land disturbance for
the borrow pit expansion.
The hours of operation shah be from 7:00 a.m. to 5:00p. m.,
Monday through Saturday only. There shall be no Sunday
operation of the borrow pit.
The maximum depth of the proposed expansion shah not exceed
an elevation of-37. O feet from elevation O. 00. The overall depth
of the borrowpit expansion shall not exceed 47feet as measured
from existing grade (approximately elevation 10. 0).
The applicant shall establish the 3:1 slope, as indicated on
"Cross-Section A-A " of theplan exhibited to City Council, with in
two weeks of completion of each one-hundred foot "box-cut"
section of the borrow pit.
6.
The expansion and restoration of the borrow pit shall be in
accordance with the plans exhibited the City Council and entitled
"M.M. Gunter Borrow Pit at Seaboard Road, Virginia Beach,
Virginia ", dated June 8, 1998, and prepared by Mel Smith &
Associates, Consulting Engineers - Land Surveyors - Planners.
All existing and proposed berms, trees and shrubbery material
exhibited on the submitted site plan shall be properly maintained
as previously installed or as approved with this application.
Wax Myrtle shah be substituted for the Lagustrum indicated on
the submitted site plan. This plant species is indigenous to the
area and will provide a better buffer material.
April 25, 2000
Item VII-K. 3.
- 44 -
PLANNING
ITEM # 46541 (Continued)
Any approved site plan, issued by the Development Services
Center, shall include a specific street and highway contingency
plan that addresses the repair and replacement of any damaged
roadway surfaces associated with the borrow pit operation. In
addition, the approved site plan shall detail the truck watering
schedule currently utilized for the abatement of dust generated
by this operation.
This Ordinance shall be effective in accordance with Section 107 OO of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of April, Two Thousand
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, I'Villiam W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, dr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
Item VII-K. 4.
PLANNING
- 45 -
ITEM # 46542
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council REFERRED BACK
TO PLANNING COMMISSION Applications of OXFORD PROPERTIES, L.L.C., d/b/a/ DAM
NECK SELF STORAGE for a Conditional Change of Zoning and Conditional Use Permit:
AND,
ORDINANCE UP ON APPLICA TION OF OXFORD PR OPER TIES, L.L. C.,
D/B/A DAM NECK SELF STORAGE FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FR OM A G-2 TO CONDITIONAL B- lA
Ordinance upon application of Oxford Properties, L.L. C., d/b/a Dam Neck
Self Storage for a Change of Zoning District Classification from AG-2
Agricultural District to Conditional B-IA Limited Community Business
District on the east side of General Booth Boulevard, north of Culver Lane
(GPIN #2415-31-8553; #2415-31-6485). The proposed zoning
classification change to Conditional B-iA is for lot intensity commercial
land use. The Comprehensive Plan recommends use of this parcel for
suburban residential medium and high density compatible with townhouse
and multi-family use in accordance with other Plan polices. Said parcel is
located at 1874 General Booth Boulevard and contains 3.198 acres.
PRINCESS ANNE - DISTRICT 7.
ORDINANCE UPON APPLICATION OF OXFORD PR OPER TIES, L.L. C.
D/B/A DAM NECK SELF STORAGE FOR A CONDITIONAL USE
PERMIT FOR MINI- WAREHO USES
Ordinance upon application of Oxford Properties, L.L. C., d/b/a/Dam Neck
Self Storage for a Conditional Use Permit for mini-warehouses on the east
side of General Booth Boulevard, north of Culver Lane (GPIN #2415-31-
8553). Said parcel is located at 1874 General Booth Boulevard and
contains 3.198 aces. PRINCESS ANNE- DISTRICT 7.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
- 46-
Item VII-K. 5.
PLANNING
ITEM # 46543
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL
THE CITY COUNCIL SESSION OF MAY 9, 2000, Ordinance upon application of WILLIAMS
HOLDING CORPORATION for a Change o£ Zoning District
ORDINANCE UPON APPLICATION OF WILLIAMS HOLDING
CORPORATION FOR A CHANGE OF ZONING FROM R-5D TO B-2
Ordinance upon application of Williams Holding Corporation for a
Change of Zoning District Classification from R-5D Residential Duplex
District to B-2 Community Business District on certain property located on
the west side of Centerville Turnpike, 450 feet more or less north of
Kempsville Road (GPIN #1455-82-4268). The proposed zoning
classification change to B-2 is for commercial land use. The
Comprehensive Plan recommends use of this parcel for retail, office and
other compatible uses within commercial centers in accordance with other
Plan policies. Said parcel contains 14,505 square feet. DISTRICT 1 -
CENTER VILLE.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
-47-
Item VII-K. 6.
PLANNING
ITEM # 46544
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL
THE CITY COUNCIL SESSION OF MAY 9, 2000, Ordinance upon application of ROBERT
STEINHILBER and HERBERTA. CULPEPPER for a Variance to Section 4.2(m)(1) of the Subdivision
Ordinance which requires a minimum 30-foot pavement width for the proposed cul-de-sac re a proposed 26-
foot pavement width and swales in lieu of curb and gutter to route stormwater runoff and a Conditional Use
Permit.
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, subdivision for Robert Steinhilber
& Herbert A. Culpepper. Property is located at the southwest intersection
of Blackwater Road and Blackwater Loop (GPIN #1389- 72-5323; #1389-
71-5307; #1399-00-0478) PRINCESS ANNE - DISTRICT 7
A ND,
ORDINANCE UPON APPLICATION OF ROBERT STEINHILBER &
HERBERT A. CULPEPPER FOR A CONDITIONAL USE PERMIT FOR
AN AL TERNA TIVE RESIDENTIAL DEVELOPMENT
Ordinance upon application of Robert Steinhilber & Herbert A. Culpepper
for a Conditional Use Permit for an alternative residential development on
certain property located at the southwest intersection of Blackwater Road
and Blackwater Loop (GPIN #1389- 72-5323; #1389- 71-5307; #1399-00-
0478). Said parcel contains 320 acres. PRINCESS ANNE - DISTRICT 7.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
Item VII-K. 7.
- 48-
PLANNING
ITEM # 46545
The following registered in SUPPORT of the application:
Attorney R. d. Nutter, 4425 Corporation Lane, Phone: 518-3200, requested a two-week deferral until the City
Council Session of May 9, 2000.
Reverend Tommy Taylor
Barbara Messner, 1413 Kara Court, Phone: 422-1902
dames Campbell, 2704 Hood Circle, Phone: 496- 7056, represented the Great Neck Council of Civic Leagues
The following registered in OPPOSITION
Robert Taylor, 908 Cavalier Drive, Phone: 422-2800, was OPPOSED to the application, but not the
DEFERRAL.
Vanda Dunn, 2929 Summerhaven Road, Phone: 496-6911, was OPPOSED to the DEFERRAL.
Phil Wellmen, 3038 Bray Road, Phone: 340-0588, Cape Henry Hardware, submitted a petition of over 840
signatures in OPPOSITION. Said petition is hereby made apart of the record
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council DEFERRED UNTIL
THE CITY COUNCIL SESSION OFMA Y 9, 2000, RECONSIDERATION of COLLETTPROPERTIES,
INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C. AND COLLETT PROPERTIES, INC. for
Conditional Changes of Zoning (lost to a negative vote March 7, 2000):
ORDINANCE UPON APPLICATION OF COLLETT PROPERTIES, INC.
AND COLLETT CHESAPEAKE PARTNERS, L.L.C FOR A CHANGE OF
ZONING DISTRICT CLASSIFICA TION FROM B-2 to CONDITIONAL B-2
Ordinance upon application of Collett Properties, Inc. and Collett
Chesapeake Partners, L.L.C. for a Change of Zoning District
Classification from B-2 Community Business District to Conditional B-2
Community Business District on certain property located at the southeast
intersection of Virginia Beach Boulevard and Parker Lane (GPIN #1497-
84-3948, #1497-84-5907, #1497-84-7994, #1497-85-6190, #1497-85-
8140, #1497-85-9152, #1497-95-0152, #1497-95-0050). The proposed
zoning classification change to Conditional B-2 is for community business
land use. The Comprehensive Plan recommends use of this parcel for
retail, office and other compatible uses in accordance with other Plan
policies. Said parcel contains 3.481 acres. BEACH- DISTRICT 6.
AND,
ORDINANCE UPON APPLICATION OF COLLETT PROPERTIES, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1
TO CONDITIONAL B-2
Ordinance upon application of Collett Properties, Inc. for a Change of
Zoning District Classification from I-1 Light Industrial District to
Conditional B-2 Community Business District on certain property located
on the east side of Parker Lane beginning at a point 150feet more or less
south of Virginia Beach Boulevard (GPIN #1497-84-3855, #1497-84-8654,
#1497-84-5907, #1497-84-7994). The proposed zoning classification
change to Conditional B-2 is for community business land use. The
Comprehensive Plan recommends use of this parcel for light industrial,
business parks and other compatible uses. Said parcel contains 8.433
acres. BEA CH- DISTRICT 6.
April 25, 2000
- 49 -
Item VII-K. 7.
PLANNING
ITEM # 46545
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Harrison DISCLOSED, pursuant to Section 2.1-639.14(G), of the Code of Virginia, he is a
partner in the law.firm of Willcox & Savage, earning an annual income from each entity in excess of
$1 O, 000, and represents Fuel Feed Plaza Home Center, Incorporated ("Fuel Feed "), which owns a Taylor's
Do-it Center located on Laskin Road within approximately three miles of the proposed Lowe's Home
Improvement Center. The officers of Fuel Feed have indicated their concern that the construction of the
Lowe's Home Improvement Center will have a detrimental economic impact on their Laskin Road store.
Councilman Harrison wished to disclose this interest and declare he was able to participate in the
transaction fairly, objectively and in the public interest. Councilman Harrison's letter of April 24, 2000,
is hereby made a part of the record.
April 25, 2000
Item VII-L. 1.
- 51 -
APPOINTMENTS
ITEM # 4654 7
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Dorinda Bunch
Unexpired term thru 3/31/01
FRANCIS LAND HOUSE BOARD OF GOVERNORS
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
Item VII-L. 2.
- 52 -
APPOINTMENTS
ITEM # 46548
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Ronald J. Wiles, M.D.
Unexpired term thru 3/31/03
HEAL TH SER VICES AD VISOR Y BOARD
Voting: 11-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
April 25, 2000
Item VII-N. 1.
- 53 -
NEW B USINESS
ITEM # 46549
BY CONSENSUS, the City Clerk shall record:
ABSTRA CT OF CIVIL CASES RESOLVED - MARCH, 2000
April 25, 2000
- 54-
Item VII-O.
AD JO URNMENT
ITEM # 46550
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:50 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
April 25, 2000
Cit.v
CITY COUNCIL
MAYOR MEYER,4 E. OBERNDORF, At-Laree
17CE MA YOR IFTLLDIM D. SESSOMS, JR., At-La,~e
JOHN A. BA UM, At-~rg~
LINWOOD O, B~NCft, IH, Dismct 6-Beach
MAR(iA~T L. EU~, Dtm'tct l-Centcn'illc
WTLLL4M IK IL4~ISON, JR, Dt.qnct 5-Lvnnhaven
B.'t~A~ M. HENLEY, Dtst.ct 7 -Pnncess Anne
LOUIS R. JONES, D~stnct 4-Bqvsute
~BA S. McCI.4NAN, D~st.ct J-Rose ltall
,X~4,X~V K ~4~ER,
A.M (DON) W~EKS. Dimict 2-Kcmp~'ilh'
.7. t.lfE$ K. SPORE. (;it3' Manaec,
LESLIE L. LILLE}: City,4ttor,wv
R[ ZTtf ttOD(;ES-SMITtL City Ch'~k
of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY IIAI.L BUII.I)IN(;
2401 COUI~Tll(II.'$E DRIVE
VfR(;INJA IIEACII. VIRGINIA
PIIONE: (757).t27-4304
(7.57)
I(M, III,' Ctvcncl,acilv. x i~2inia-bc~tch.~a. Hx
April 25, 2000
I. BUDGET WORKSHOP
- Conference Room -
2:00 PM
ho
Cultural and Recreational Opportunities
Family and Youth Opportunities
Policy and Decision Support
II. PRESENTATION
ho
Minority Business Council
Annual Report - Louisa M. Strayhorn, Chair
III. CITY MANAGER'S BRIEFING
Beaches and Waterways Commission
Robert R. Matthias, Assistant to the City Manager
Phillip J. Roehrs, Coastal Engineer Beach Management
IV. REVIEW OF AGENDA ITEMS
V. CITY COUNCIL COMMENTS
VI. INFORMAL SESSION
- Conference Room -
5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $285,876
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$285,876; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
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are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 5.40%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 7.40% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not materially
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
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The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 25 day of April , 2000.
Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA-00-7679
wmm~ordres~davenport.orn
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April 13, 2000
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APPROVED AS TO CONTENT:
~gri culture~ ~e~rtme~
APPROVED AS TO LEGAL
SUFFICIENCY:
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CERTIFIED AS TO AVAILABILITY OF FUNDS:
Director of Fin~~)
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTUP-AL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $490,620
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$490,620; and
WHEREAS,
the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
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are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 5.75%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 7.75% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not materially
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
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The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to .issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 25 day of April , 2000.
Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA-00-7680
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April 14, 2000
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APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
L~w Department
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CERTIFIED AS TO AVAILABILITY OF FUNDS:
Director of F ~
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AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTUP~AL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTP_ACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $318,903
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$318,903; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
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are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 5.75%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 7.75% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not materially
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
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The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 25 day of April , 2000.
Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA-00-7681
wmmkordreskfurlough2.orn
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April 14, 2000
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APPROVED AS TO CONTENT:
~Agricul tu~e Departm~t'
APPROVED AS TO LEGAL
SUFFICIENCY:
Law Department
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CERTIFIED AS TO AVAILABILITY OF FUNDS:
Director of Fi ~)
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTUR3~L LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $689,477
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement
$689,477; and
WHEREAS,
for a purchase price of
the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
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are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 5.50%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 7.50% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not materially
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
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The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 25 day of April , 2000.
Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA-00-7678
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April 13, 2000
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APPROVED AS TO CONTENT:
r ~'~
e Department
APPROVED AS TO LEGAL
Law Department
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CERTIFIED AS TO AVAILABILITY OF FUNDS:
Dir%ctor of F~'nance ~o~
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AN ORDINANCE TO AMEND CHAPTER 36,
ARTICLE IV OF THE CITY CODE
PERTAINING TO TAXICABS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 36, Article IV of the Code of the City of
Virginia Beach is hereby amended and reordained to read as follows:
ARTICLE IV TAXICABS ~ ~ ~T~ ~
DIVISION 1. aENERALLY
Sec. 36-67. Definitions.
The following words and terms, when used in this article,
shall have the meanings set forth in this section:
For hirc car. "For ~ ......... ~ ~"'"~ ......
City manaqer means the city manaqer or his or her duly
authorized desiqnee.
Chief of police means the chief of police or his or her duly
authorized desiqnee.
Certificate means a certificate of public convenience and
necessity issued under this article.
O~er~wncr~ includes the purchaser of any vchiclc taxicab
under a reserve title contract and the lessee of any ~
taxicab.
Taxicab. "~-~" ....... ~ ~--~- any ........ , , h~ ~l ..... 2
~ ..... ~ '"~ ~ ~'~-~ d i hicl d
~ ~=~w~ ..... ~.. ~ ~ ......~. means any motor- r yen ye e use
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for the transportation for hire of passenqers and equipped with a
taximeter.
Taximeter.
instrument or
........ et~ means any mechanical or electronic
device by which taxicab fares are computed and
plainly indicated.
Sec. 36-68. Application of and compliance with article.
The operation and driving of taxicabs and for hirc cato upon the
streets of the city shall be subject to the conditions, regulations and
restrictions set forth in this article. It shall be unlawful for any
person to operate or drive, or cause to be operated or driven, within the
city, any taxicab or for hirc car, unless the conditions, regulations and
restrictions set forth and prescribed in this article have been and are
complied with by the owner and driver thereof.
Sec. 36-69. Liability insurance.
No taxicab or for hire car shall be operated within the city unless
the owner and thc driver thereof are protected by liability insurance,
issued by a company authorized to do business in this state, in the sum
of at least one hundred thousand dollars ($100,000.00) for injury to or
death of any one person, three hundred thousand dollars ($300,000.00) for
injury to or death of more than one person in any one accident= and ten
~ ~ ~O) .
twenty-five thousand dollars ,v~v,0 .... ($25,000 00} for property
damage. Satisfactory evidence shall be filed with the commissioner of the
revenue establishing that such insurance is in effect.
Sec. 36-71. False, etc., calls for or in regard to service.
It shall be unlawful for any person to make improper, false or
unauthorized calls for, or in regard to, the services of any
taxicab or ~-- hire car
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Sec. 36-72. Maintenance and inspection of vchiclcm.
(a) Every taxicab and for hirc car operated in the city shall
be kept in good, clean, neat and safe condition and appearance.
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(b)
operated in the
findings.
It shall be the duty of the chief of police, ~ his
to make inspections of taxicabs ~-~ ~-~ ~
city and to maintain records of his or her
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Sec. 36-79.
Driver to be near ~ taxicab while awaiting
passengers at stand.
Drivers of taxicabs or for hire cars awaiting passengers at a
taxicab cr for hirc car stand shall at all times be within three
(3) feet of the front door of their vchiclcs taxicabs.
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Sec. 36-80. Parking or stopping on public property while
awaiting employment; ........ ~.
It shall be unlawful for the driver of any taxicab or for hirc
car to park or ~-~ stop such ~'~'~ taxicab '.'~ ~ ...... ~ ~ ~
t--~'' y p bli ..... ~ ~ .........
.... ~men , on an u c street ~ . ~ ~m~ ~m~
~--3 ~ .................... ~ for the purpose of ckinq up or
discharqinq a passenqer(s) if doing so would create a potential
safety hazard for other motorists, pedestrians or the taxicab's
passenqer(s), or would otherwise violate state or local traffic
laws.
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Sec. 36-81. Limitation on carrying passengers.
No more than one passenger shall be transported in a taxicab
or for hire car at one time, without the consent of the person
first engaging the vehicle taxicab, and nonpaying passengers shall
not be transported with paying passengers.
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Sec. 36-82. Refusal of passengers.
Drivers of taxicabs or ~-- ~--
........ cars shall not refuse to carry
an orderly person anywhere within the city, unless previously
engaged or unable to do so and except as provided in section
36-176.
Sec. 36-84. Permitting passengers to enter or leave on traffic
side of ~ taxicab.
No driver of a taxicab or for hlrc car shall willfully permit
any passenger to enter or leaveo=~ ~-~clcv~ the taxicab on a
public way on the left side of the vehicle taxicab, except on
one-way streets when such vehicle the taxicab is lawfully stopped
on the left side of the street for the purpose of taking on or
discharging a passenger, nor shall such driver willfully permit any
passenger to enter or leaveo=~ ~~~=~=~ the taxicab on a public
way on the right side of such vehicle the taxicab, except when such
vehicle the taxicab is lawfully stopped on the right side of the
street for the purpose of taking on or discharging a passenger.
Sec. 36-85. Driver's trip records.
Each driver of a taxicab or for hire car shall keep a clear=
and neat record of the origin and destination of all trips or
calls~ and the time thereof and the fare paid therefor, which
records shall be open at all times to any law-enforcement officer
and shall be kept for a period of one year.
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Sec. 36-86. Central dispatch records or manifests.
Every certificate holder operating ---m~-~
....... es a taxicab or
taxicabs under this article shall keep and maintain in the city, at
the place of his or her central dispatch location, a manifest or
permanent record, written or printed in ink, and in a form
prescribed by the chief of police, showing for each day the number
of vchiclcs taxicabs operated, the driver of each vchiclc taxicab,
the origin and destination of each trip made by each ~'-m~le
taxicab, the time of each such trip and the amount charged for each
such trip. The manifests or records shall be delivered to the
police department, upon demand of the chief of police, for
inspection by the chief of police or any member of the police
department. All such manifests and records shall be prcscrvcd
maintained for at least twelve (12) months and shall be available
for inspection at all reasonable times by the chief of police or
any member of the police department.
DIVISION 2. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Sec. 36-96. Required; reciprocity.
It shall be unlawful for any person to operate or cause to be
operated, within the city, any taxicab or for hire car, unless a
certificate -~ ~"~ ........ ~ ...... ~ ...... ~ty
v= ~ ............................... therefor has been
issued to the owner thereof in accordance with the provisions of
this division or unless the taxicab is beinq operated pursuant to
a contract with a public agency, a copy of which must be kept in
the taxicab at all times. Nothing contained herein shall prohibit
a taxicab or for hire car duly licensed in another city or county
from delivering a passenger to some location in this city, provided
the passenger was picked up outside the limits of thc this city and
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~ ...... d the taximeter is in operation while any such taxicab is in
operation in this city.
~ ~ .... icgcs to .... ~
Sec. 36-97. Application generally.
Any person desiring a certificate ~ ...... z .... s .........
shall make written application therefor to the ~ ......... ~ ~
~z ........ chief
of police upon a form approved by the ~ ............ ~ ~--
authcrizad a~cnt chief of police, giving the name, age, business
address and residence of the applicant and such additional
information as is may be required as tc concerning the make,
description and condition of the vchiclc taxicab proposed to be
operated and as to the character and responsibility of the
app 1 i c ant.
Sec. 36-98. Applicant's ~alifications.
No certificate required by this division shall be granted to
a person who is under eighteen (18) years of age~ or tca pcrscn
been a repeated and persistent violator of the traffic and safety
provisions of this Code and other ordinances of the city, or who
has been determined by the chief of police to be morally or
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police in makinq the determination required herein, each applicant
for a certificate shall authorize the chief of police, in writinq,
to obtain information concerninq the applicant's criminal history
and drivinq record.
Sec. 36-99. Financial information to be submitted by applicant.
(a) Every person applying for a certificate undcr this
~'~-- shall submit, with his or her application, a statement of
assets and liabilities and a statement of income and expenses=~
........ ag Such statements shall provide detailed information of
operating revenues, and shall specifically thc item include gross
fare revenue and expenditures and a statement of changes in
financial position= ........... ~ ......... that Any a4%y income or
expenses which have been allocated from a related, controlled or
affiliated entity must also be disclosed= or, in In the event that
such an applicant, at the time of application, has not been in
operation for a full fiscal year,
~ ............... ~ ........ ff ......... ~ .... zon, on the a cant
must submit a ~ ...... ng statement of assets and liabilities= and a
statement of income and expenses= and a statement of changes in
financial position, cstimatcd prorated for that portion of the
fiscal year ~^~ -'~ ...... ~
w .......... q ..... to .... ~ ...... the
applicant has been in operation. In the event an applicant, at the
time of application, has not previously been in operation, the
applicant must submit a beqinninq statement of assets and
liabilities.
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(b) Ail financial statements required by this section shall
be ~~ ~ ...... ~~**~ .... with submitted on forms prepared by the
director of finance and approved by the city manager.
Sec. 36-100. Issuance of certificate.
~ ..... upon ..... direction.
(a) The chief of police shall consider each application for
a certificate. If the chief of police determines that the
applicant meets the criteria set forth in this division and deems
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that the public convenience and necessity will be served by the
proposed taxicab, he or she shall issue such certificate for a
period not to exceed one (1) year.
(b) Any applicant who is denied a certificate by the chief of
police may appeal such decision to the city manaqer.
(c) If the decision of the chief of police to deny a
certificate is upheld by the city manaqer, an applicant may appeal
the decision of the city manaqer to the city council.
Sec. 36-102. Transfer.
Cer cates i ................ ......... sha be transferable,
with the approval of the~ ......... ~~ chief of police, provided
that the person to whom a certificate is transferred and the
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taxicab(s) to which it applies shall, in all respects, be in
compliance with the provisions of this article.
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Sec. 36-103. Revocation or suspension
Any certificate~~~ ..... ~ "~^~**~ ~-~**~ ~'~~** may be revoked or
suspended, at any time, by the city council chief of police for any
of the following causes:
(1) Failure to operate the taxicab cr fcr hirc car specified
in the certificate.
(2) Failure to maintain taxicabs or~ **~ ..... ~ in good
order and repair.
(3) Failure to pay the personal property tax or other taxes
due to the city or to the state.
(4) Failure to maintain insurance as required by section
36-69.
(5) Failure to report any accident as required by law.
(6) Repeated ~ailure of the drivers of ~-~
...... les taxicabs
covered by the certificate to be courteous at all timc~
to stay neat in appearance ......... ~ ~
(7) Repeated failure of the drivers of taxicabs covered by
the certificate to respond to calls for service in a
timely manner.
(~) Failure of drivers of vchiclcs taxicabs covered by the
certificate to have and exhibit the
taxicab driver's permit in the vchiclc taxicab, as
required by this article.
Repeated and pcrsistent violations, by drivers, of thc
state and local laws relative to traffic and safety.
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(ii)
~'~- Employinq or leasinq a taxicab to a driver who is
~- ~ **~_~.,-~ ..... ,.~,_ does not meet the qualifications set
forth in section 36-98.
Wilful or continued failure to comply with any provision
of this article or any other law or ordinance regulating
the operation of taxicabs an~ for hire cars within the
city.
DIVISION 3. VEHICLE LICENSE
Sec. 36-111. Required.
It Except as provided in section 36-96, it shall be unlawful
for any person to operate or cause to be operated, within the city,
any taxicab or for hire car unless a current city license therefor
has been issued to the owner thereof ~ ..... ~^~ m~
Sec. 36-112. Payment of tax.
The owner of a taxicab or for hire car shall pay a city
license tax thereon as provided in section 18-105 of this ~ode.
Sec. 36-113. Prerequisites to issuance.
No license for a taxicab or for hirc car shall be issued~
unless the applicant presents, to the commissioner of the revenue,
his or her state motor vehicle registration card, A certificate of
~ .............. cncc .... scccsa~ty issued p~rs~ant to division 2 of
this article and evidence of insurance meeting the requirements of
section 36-6~.
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Sec. 36-114. Issuance and contents of ~ decal.
~ Upon the payment of the prescribed license tax and
compliance with section 36-113, the commissioner of the revenue
shall furnish the owner of the taxicab or for hirc car in question
with a license ~^ decal for such ~^~-~^ taxicab. The license
w .... decal shall have displayed upon it the license number
assigned to the particular taxicab ~ ~ m~
.......... car, the name of the
city, which may be abbreviated, and the year for which issued.
(b) Any person holdinq a current certificate may obtain
licenses for additional or replacement taxicabs; provided, however,
that prior to the issuance of any such license, the commissioner of
the revenue shall require proof that each taxicab has been
certified by the chief of police to be in qood order and repair,
and that each taximeter has been certified by the chief of police
to be properly calibrated.
Sec. 36-115. Issuance, contents and exhibition of tax assessment
slip.
The commissioner of the revenue shall issue, with each license
m .... decal issued under this division, a tax assessment slip
showing the name and address of the owner, the year, make, model
and motor number of the ~'~m~clc taxicab for which ~m~ ~ ..... ~
it was issued~ and the number of such license decal. Such slip
shall be receipted by the city treasurer, when the tax is paid, and
exhibited by the driver of the vchiclc taxicab for which it was
issued at any time upon the request of any law-enforcement officer
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Sec. 36-116. Display of ~ decal.
A license~-a~- decal issued under this division shall be
securely attached to the rear bumper of the taxicab or for hire car
for which it was issued. It shall be unlawful for any person to
knowingly use any such license ~
~c decal on any motor vehicle
other than the meter vehicle taxicab for which it was issued or to
which it has been transferred as provided in section 36-117.
Sec. 36-117. Transfer of ~ decal.
A license~ decal issued under this division may be
transferred by an owner from one vehicle owned by him to another
vehicle owned by him, upon the payment of a one dollar ($1.00)
transfer fee.
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Sec. 36-118. Replacement of lost plate or destroyed decal.
Any person ~^~ his whose original license ~ ~ ..... ~
~ ~ division decal is lost or destroyed may secure a new
~c decal by making affidavit to the commissioner of the revenue
that the original ~
~ .... decal has been lost or destroyed and that
the chief of police has been notified of such loss or destruction,
and by paying a fee of one dollar ($1.00).
DIVISION 4. TAXICAB DRIVER'S PERMIT
Sec. 36-136. Required.
(a) It shall be unlawful for any person to drive any taxicab
or for~m~ ..... ~ unless a current ~'~m~
~ ..... vehicle taxicab driver's
permit has been issued to such person under the provisions of this
division.
(b) It shall be unlawful for the owner of any taxicab or
for hire car to permit such taxicab or for hire car to be driven by
any person who does not have a valid and effective ~"~ .... m~
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taxicab driver's permit issued pursuant to the provisions of this
division.
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Sec. 36-137. Filing and contents of taxicab driver's permit
application.
Any person desiring a ~ .......... clc taxicab driver's permit
required by this division shall make application therefor in
writing to the chief of police, upon forms to be provided by the
chief of police, or his authorizcd agent, giving the name, sex,
rcsidcncc date of birth and address of the applicant.
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Sec. 36-139. Qualifications of applicant generally.
by
taxicab driver's permit required this
division shall not be granted to any person
..................... ~ ........ to ....... who does not meet the
qualifications set forth in section 36-98. To assist the chief of
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police in making a determination whether the qualifications set
forth in section 36-98 have been met, each applicant for a taxicab
driver's permit shall authorize the chief of police, in writinG,
to obtain information concerning the applicant's criminal history
and driving record.
Sec. 36-141. Photographs of applicant.
Before a public vchicle taxicab driver's permit is issued under this
division, two (2) photographs of the applicant therefor shall be
furnished the chief of police, one of which shall be filed in his the
office of the chief of police and thc cthcr one of which shall be
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attached to the permit when issued, so in such a manner that it cannot
be removed and another photograph substituted without detection.
· ___7 ~.~_~ Valid operator's license
Sec. 36-142 -x-m:n---~icn~ . ~. ~ v=-~ _mm ....... .
required.
Any person filing an application for a permit under this division
...... ~ ..................... t~ ~ ....... hi
........ ~ to ........ ~ ~o~ "'cc ~r $
1 .... ~ ~ ~ ' '
.....~ ~.,~ s~a~-~ ~ and ~ ~,,~ prcvzszons ~-= this ~ ~-~ other ordinances
-~ '~- -~" relative to traffic possess a valid operator's license issued
by the Commonwealth of Virqinia.
Sec. 36-143. Issuance or refusal.
~- thc ..... ~ ....... ~' ~ ' ppl' ' ~" ~ ~ s '
~ pro
~-~- ~ ~ ~ ...... ' .... ~ .... ~ The chief of police
shall issue a taxicab driver's permit to any applicant who is in
compliance with the requirements set forth in sections 36-137 throuqh 36-
142, and shall refuse to issue a permit to any applicant who fails to
meet all such requirements.
Sec. 36-144. Form and contents·
A ~"~ic vehicle taxicab driver's permit issued under this division
shall be in such form as the chief of police may prescribe and shall
contain the photograph and signature of the permittee in question.
Sec. 36-145. Posting and display.
The driver of a taxicab ~ ~c~ ~irc car shall keep the ~--~
vckicle taxicab driver's permit issued to him or her under this division
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posted and displayed inside his or her taxicab vcki~le so as to be
plainly visible to ~.~ ........... ~~ cf ~ .... ~r seat of all passenqers in
the '-~ taxicab
Sec. 36-146. Term.
A public "ch~c taxicab driver's permit issued under this division
shall be effective for a period of one year from the date of issue,
unless sooner suspended or revoked.
Sec. 36-147. Renewal.
~ ..... v~c~c taxicab driver's permit issued under this division
may be renewed from year to year by the chief of police, if the applicant
for such renewal is, at the time thereof, qualified under the provisions
of this division to have issued to him or her an original public vckicle
taxicab driver's permit. At the time of such renewal, two (2) recent
photographs of the applicant shall be filed with the chief of police, to
be used as ~ ........ n cascs of for the same purpose that photographs
filed with the a__n original application fcr such pcrmit are used, and
alonq with a renewal fee of ten dollars ($10.00) shall be paid made
payable to the city treasurer.
Sec. 36-148. Replacement when lost or destroyed.
In the event a public vchiclc taxicab driver's permit issued under
this division is lost or destroyed, the person entitled thereto may make
application for and obtain a duplicate thereof, upon furnishing
information of such fact, by affidavit or in a manner otherwise
satisfactory to the chief of police, and upon paying to the city
treasurer a fee of ten dollars ($10.00) .
Sec. 36-149. Revocation or suspension.
A public vchiclc taxicab driver's permit issued under this division
may be revoked or suspended by the chief of police for any of the
following causes:
(1) Failure to report any accident as required by law.
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(2) Repeated and persistent violations of state or local law
relative to traffic cr ~¢ ~ ~ ~ otkcr ~ ...... cf
~t~ ..... irc to ......
(3) Conviction of any felony.
(4) Suspension or revocation of a driver's state operator's ~
.......... s license.
(5) Falsification of the application for the permit.
(6) Failure to comply with any provisions of this article.
DIVISION 5. TAXIMETERS
Sec. 36-158. Maintenance, inspection, testing and sealinG.
(a) Taximeters installed on taxicabs operated under this article
shall all be maintained in good and accurate working order and shall be
subject to inspection and testing, by police officers or other persons
designated by the city council manaqer, at the time of installation and
periodically thereafter. The inspector shall seal each taximeter with a
wire lead seal after each inspection and test.
(b) It shall be unlawful for any person to operate, or for any
owner to permit any person to operate, any taxicab with a taximeter which
has not been inspected and sealed in accord with the section.
DIVISION 6. FARES
Sec. 36-172. Maximum rates--Taxicabs.
(a) No person owning, operating, controlling or driving a taxicab
within the city shall charge an amount to exceed the following rates of
fare:
(i)
(2)
(3)
(4)
For the first cnc sixth one-eighth of a
mile or fraction thereof ~ ~ ~
.......... ~ .... $ 1.75
For each succeeding onc sixth one-eiqhth
of a mile or fraction thereof ......... 0.25 0.20
Trunk charge ..................... 0.50
For each minute of waiting time ........... 0.20
............. ~, pcr trip ............. 0.50
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If hired on an hourly basis, the rate of twelve dollars ($12.00) per hour
shall apply.
(eb) Notwithstanding the provisions of this section, taxicabs
bringing passengers into this city from without the city shall charge the
rates prescribed by the city or county in which they are licensed.
(~c) Any application for a fare increase under this section shall
include justification for such fare increase and such financial and
operating information as may be requested by the city manager. The city
council shall hold a public hearing before acting on any such application
for a fare increase, after public notice for at least ten (10) days.
Sec. 36-173.._,,~ ...... ~-~ =..ir-~ c---rs. Reserved.
· ,~ ~ .............. ~, ~ ....... ~ ......... lin~ ~ drivin~ a ~~ rc caz'
Sec. 36-174. Receipts for payment.
The driver in charge of a taxicab cr fcr kite car shall, upon
request, deliver to the person paying the fare a receipt, in legible type
or writing, showing the charges and the amount paid, the date of payment,
the names of the owner and driver of the taxicab or fcr h~ car and the
city license number thereof.
Sec. 36-175. Posting of information in vehicle.
There shall be posted, in a conspicuous place in each taxicab ~
for kirc car operated in the city, a card, in legible type or print,
showing the rates of fare prescribed to be charged for the use thereof
and stating that, upon request of a passenger, a receipt will be given
for the fare paid. Such cards shall be approved by the chief of police.
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Sec. 36-176. Agreement to pay may be required.
The driver of a taxicab or fcr hirc vchicle may refuse to carry a
passenger if, upon request, the passenger refuses to agree to pay the
legal fare for the proposed trip.
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Sec. 36-177. Failure to pay.
It shall be unlawful for any person to engage or ride in a taxicab
cr fcr kirc car without paying the legal fare therefor.
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Sec. 36-178. Penalty for violation.
Any owner or operator of a taxicab operated on any hiqhway, street,
road, lane or alley in this city who violates any provision of this
article shall be quilty of a misdemeanor and upon conviction therefor
shall be fined not more than one hundred dollars ($100.00) for a first
offense and not more than five hundred dollars ($500.00) for each
subsequent offense.
Adopted by the City Council of the City of Virginia Beach, Virginia,
on this ~day of ~ , 2000.
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CA-7515
DATA/ODIN/PROPOSED/36-067etseqord.wpd
RI0
PREPARED: April 12, 2000
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AN ORDINANCE GRANTING FRANCHISES FOR
THE OPERATION OF OPEN AIR CAFES IN
THE RESORT AREA (NEW FRANCHISES
WHEREAS, the City has adopted, and incorporated into a
Franchise Agreement, regulations for the operation of open air
cafes on public property in the Resort Area;
WHEREAS each of the following corporations/companies
(hereinafter referred to as "Grantees")has submitted an application
for the operation of an open air caf6 at the location indicated,
and has paid the required application fee:
1. Clearwater Investment Associates, L.P. t/a Sheraton
Oceanfront Hotel (3501 Atlantic Avenue) Boardwalk
Caf6
2. Megabytes, L.L.C. t/a Salsa's Restaurant (812
Atlantic Avenue) Atlantic Avenue Sidewalk Caf~
3. AHATA, Inc. t/a Pier 23 Restaurant (2224 Atlantic
Avenue) Sidestreet Caf~
WHEREAS, the representations made in the applications
comply with the aforementioned regulations; and
WHEREAS, the Department of Convention and Visitor
Development and the Resort Advisory Commission have reviewed the
applications and determined that the proposed cafes will have no
detrimental effect on the public health, safety, welfare, or
interest, and will enhance the festive atmosphere in the Resort
Area.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a franchise is hereby granted to each of the
above-listed Grantees to operate an open air caf6 at the address
indicated herein from May 1, 2000, to April 30, 2001, conditioned
on provision by each Grantee of an approved final site plan,
liability insurance coverage, a security bond, and applicable
franchise fee, and on compliance with all of the terms and
conditions of the Franchise Agreement; and
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2. That the City Manager, or his duly authorized
designee, is hereby authorized to enter into a Franchise Agreement
with each Grantee subject to the aforementioned conditions.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25 day of April , 2000.
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CA-7668
ORDINkNONCODEkOpen Air Caf~ New. Ord
APRIL 13, 2000
R2
APPROVED AS TO CONTENT:
& Visitor
Development
APPROVED AS TO LEGAL
SUFFICIENCY:
Cf~ A~o'r~ey' s Office
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AN ORDINANCE GRANTING FRANCHISES FOR
THE OPERATION OF OPEN AIR CAFES IN
THE RESORT AREA (FRANCHISE RENEWALS)
WHEREAS, each of the following corporations/companies
(hereinafter referred to as "Grantees") has requested renewal of
its franchise for the operation of an open air caf~ at the location
indicated:
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Virginia George Company, Inc. t/a Dough Boys
California Pizza (2410 Atlantic Avenue) Atlantic
Avenue Sidewalk Caf~
Calabrese Management Group, Inc. t/a Albie's Pizza
(200 21st Street)Atlantic Avenue Sidestreet Caf~
Planet Pizza, Inc. t/a Fish Bones Restaurant (812
Atlantic Avenue) Atlantic Avenue Sidestreet Caf~
Sunsations, Inc. t/a Haagan-Dazs (2100 Atlantic
Avenue)Atlantic Avenue Sidewalk Caf~
Leeward Princess Ann Investment Association, L.L.C.
t/a Marriott Courtyard Virginia Beach Oceanfront
(2500 Atlantic Avenue) Boardwalk Caf~
Tampico Enterprises, Inc. t/a Abbey Road Restaurant
(203 22nd Street) Atlantic Avenue Sidestreet Caf~
A.C.A. Corporation t/a Black Angus (706 Atlantic
Avenue) Atlantic Avenue Sidewalk Caf~
WHEREAS, the City has developed a Franchise Agreement for
the regulation of open air cafes which each of the above-listed
Grantees will be required to execute as a condition of franchise
renewal; and
WHEREAS, based upon each Grantee's successful operation
of an open air caf~ pursuant to a franchise for the past year, the
Department of Convention and Visitor Development recommends a five-
year renewal of the franchise of each of the foregoing Grantees.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a franchise is hereby granted to each of the
above-listed Grantees to operate an open air caf~ at the address
indicated herein from May 1, 2000, to April 30, 2005, conditioned
on each Grantee's execution of the above-referenced Franchise
Agreement and compliance with the terms and conditions thereof; and
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2. That the City Manager, or his duly authorized
designee, is hereby authorized to enter into a Franchise Agreement
with each Grantee.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25 day of April , 2000.
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CA-7669
ORDINkNONCODEkOpen Air Caf~ Renewal.Ord
APRIL 13, 2000
R2
APPROVED AS TO CONTENT:
De nVention & Visitor
velopment
APPROVED AS TO LEGAL
SUFFICIENCY:
~ At~'r'n&~s Office
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE WITH
BEACH QUARTERS INN, L.C. FOR THE USE
OF AN APPROXIMATE 22' STRIP OF THAT
PART OF ATLANTIC AVENUE ABUTTING THE
WEST SIDE OF THE BEACH QUARTERS INN
WHEREAS, the City is the owner of that certain strip of
land delineated in red upon the attached plat labeled "Exhibit 1"
entitled "ALTA/ACSM Land Title Survey of Lot 7 and a Portion of
Lots 1, 8, 9 and 20' Alley, Block D as shown on Plat Entitled
'N.S.R.R. RIFLE RANGE TRACTS' 300 Atlantic Avenue, Virginia Beach,
Virginia, for Beach Quarters Inn, L.C., dated March 2, 1994 and
made.by Engineering Services, Inc. and being approximately twenty-
two feet (22') of that part of Atlantic Avenue abutting the west
side of Lessee's property; and
WHEREAS, the approximate twenty-two foot (22') strip is
not currently used or occupied by the City; and
WHEREAS, Beach Quarters Inn, L.Co desires to lease the
approximate twenty-two foot (22') strip for additional customer
parking at its motel located contiguous to Atlantic Avenue; and
WHEREAS, Beach Quarters Inn, L.C. will pay the City
$11,000 annual rent and abide by all terms, covenants and
conditions contained in the proposed Agreement between the City of
Virginia Beach and Beach Quarters Inn, L.C. dated April 11, 2000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a
lease in a form substantially the same as the Agreement between the
City of Virginia Beach and Beach Quarters Inn, L.C. dated April 11,
2000, and attached hereto and incorporated by reference.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25 day of April , 2000.
CA-f~63
ORDINANONCODE~BEACHQTR. ORD
R-I
03117100
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
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AN ORDINANCE TO TP_ANSFER $2,969 FROM THE GENERAL FUND
RESERVE FOR CONTINGENCIES TO THE FY 2000 OPERATING BUDGET
OF THE SHERIFF'S DEPARTMENT FOR THE PURPOSE OF
REIMBURSING A DEPUTY SHERIFF FOR LEGAL FEES AND EXPENSES
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WHEREAS, a Virginia Beach deputy sheriff was charged with
assault for actions arising out of the performance of her official
duties;
WHEREAS, at a trial held in the Virginia Beach General
District Court on March 28, 2000, the charge was dismissed;
WHEREAS, in the defense of said charge, the deputy sheriff
incurred legal fees and expenses in the amount of $2,969, and has
requested the City to reimburse her for such fees and expenses;
WHEREAS, Section 15.2-1711 of the Code of Virginia provides
that "[i]f any law-enforcement officer shall be investigated,
arrested or indicted or otherwise prosecuted on any criminal charge
arising out of any act committed in the discharge of his official
duties, and no charges are brought, the charge is subsequently
dismissed or upon trial he is found not guilty, the governing body
of the jurisdiction wherein he is appointed may reimburse such
officer for reasonable legal fees and expenses incurred by him in
defense of such investigation or charge...";
WHEREAS, the City Attorney's Office has reviewed the
circumstances of this case, assessed the itemized bill submitted by
the deputy sheriff's legal counsel, and determined that the legal
fees and expenses incurred by the deputy sheriff are reasonable.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That funds in the amount of $2,969 are hereby transferred from
the FY 2000 General Fund Reserve for Contingencies to the FY 2000
Operating Budget of the Sheriff's Department for the purpose of
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reimbursing a deputy sheriff for legal fees and expenses incurred
by her in her defense of a criminal charge brought against her
arising out of the performance of her official duties.
Adopted by the City Council of the City of Virginia Beach on
this 25 day of April , 2000.
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CA-7675
DATA/ORDIN/NONCODE/REIMBFEE.ORD
APRIL 12, 2000
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APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
AN ORDINANCE TO ACCEPT AND
APPROPRIATE $80,000 FROM THE
DEPARTMENT OF CRIMINAL JUSTICE
SERVICES TO THE FY 2000 OPERATING
BUDGETS OF THE OFFICE OF COMMUNITY
CORRECTIONS AND THE SHERIFF'S
DEPARTMENT FOR ADDITIONAL PERSONNEL
AND ASSOCIATED EQUIPMENT
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WHEREAS, the Department of Criminal Justice Services has
provided the City of Virginia Beach $80,000 in additional funding
from a Community Corrections grant; and
WHEREAS, the grant requires no matching City funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $80,000 in additional funding is hereby
accepted and appropriated from the Department of Criminal Justice
Services, with $40,000 being appropriated to the FY 2000 Operating
Budget of the Office of Community Corrections and $40,000 being
appropriated to the FY 2000 Operating Budget of the Sheriff's
Department, to be used for the purpose of providing additional
personnel and associated equipment necessary to meet increased
demand for pre- and post-trial services.
2. That estimated revenue from the Commonwealth is
hereby increased by $80,000.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25 day of April , 2000.
Requires an affirmative vote by a majority of the members
of City Council.
CA7673
F: ~Data~ATY~Ordin~NONCODE~DCJS. ord. wlDd
April 19, 2000
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Approved as to Legal
Sufficiency:
/City~A~torney's Office
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A RESOLUTION REQUESTING THE CIRCUIT
COURT TO ISSUE A WRIT OF ELECTION TO
FILL THE VACANCY IN THE OFFICE OF
COMMONWEALTH'S ATTORNEY
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WHEREAS, by letter dated March 17, 2000, to the Honorable Thomas S. Shadrick,
Chief Judge of the Virginia Beach Circuit Court, Robert J. Humphreys resigned from the office of
Commonwealth's Attorney for the City of Virginia Beach, effective April 16, 2000, to assume his
duties as a newly-appointed judge of the Court of Appeals of Virginia; and
WHEREAS, Section 24.2-226 of the Code of Virginia provides that when a vacancy
in any elected constitutional office occurs after an officer begins his term, the governing body of the
city within which the vacancy occurs "shall, within fifteen days of the occurrence of the vacancy,
petition the circuit court to issue a writ of election to fill the vacancy" at the next ensuring general
election to be held in November which, in the case of the City of Virginia Beach, will be held in
November of 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That, in accordance with the provisions of Section 24.2-226 of the Code of Virginia,
City Council hereby requests the Circuit Court of the City of Virginia Beach to issue a writ of
election to the Secretary of the Electoral Board of the City of Virginia Beach, pursuant to Section
24.2-683 of the Code of Virginia, ordering that a special election be held on the same date as the
general election in November of 2000, for the purpose of filling the vacancy in the office of
Commonwealth's Attorney.
BE IT FURTHER RESOLVED:
That the City Attorney is hereby directed to prepare, and file with the Circuit Court,
the petition required by Section 24.2-226 of the Code of Virginia.
BE IT FURTHER RESOLVED:
That the City Clerk is hereby directed to transmit a certified copy of this Resolution
to the Honorable Thomas S. Shadrick, Chief Judge of the Circuit Court of the City of Virginia
Beach, Virginia.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25 day of April, 2000.
CA-7643
ORDIN~NONCODE~HUMPHREYS.RES
MARCH 29, 2000
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APPROVED AS TO CONTENT:
City Attorney's Office
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
- 50 -
Item VII-K. 8.
PLANNING
ITEM # 46546
NO ACTION REQUIRED B Y CITY COUNCIL as this item was DEFERRED by the Planning Commission
to their May 10, 2000, agenda:
Application of the CITY OF VIRGINIA BEACH to AMEND Section 401
of the Ci~ Zoning Ordinance (CZO) re permitted uses in the AG-2
Agricultural Districts.
April 25, 2000