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Home My WebLink AboutAUGUST 3, 1999 MINUTES (2)CITY COUNCIL City of Virginia Bcach MAYOR MEYERA E. OBERNDORF, At-Large V/CE MA YOR WILLIAM D. SESSOMS, JR.. At-Large LINWOOD O. BRANCH I11, District 6-Beach MARGARET L, EURE, District I-Centerville WILLIAM W. HARRISON, JR., District 5-Lynnhaven HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY. District 7-Princess Anne LOUIS R. JONES. District 4-Bayside REBA S. McCLANAN, District J-Rose Itall NANCY K. PARKER, At-Large A.M. (DON) WEEKS, District 2-Kempsville "WORLD'S LARGEST RESORT CITY" JAMES K. SPORE, City Manager LESLIE L. LILLEY. City Attorney RUTH HODGES SMITH. CMC/AAE. City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-904)5 PIIONE: (757) 427-4303 FAX: (757) 426-5669 EMAIL: CTYCNCL~C TY. VIRGINIA-BEACH.VA.US August 3, 1999 I. CITY MANAGER'S BRIEFINGS - Conference Room - 10:30 AM Bo Co WIRED CITY [45 min.] David Sullivan, Chief Information Officer SURFING STATUS REPORT [15 min.] Bruce Edwards, Director, Department of Emergency Medical Services CREEDS FUEL FACILITY [30 min.] David Grochmal, Director, Department of General Services II PRESENTATION Ao METROPOLITAN PLANNING ORGANIZATION (MPO) PRIORITIZATION PROCESS [30 min.] Dwight Farmer, Deputy Executive Director of Transportation, HRPDC III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Obemdorf 2:00 PM B. INVOCATION: Father Charles Faul Church of the Holy Apostles C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION Fo MINUTES 1. INFORMAL & FORMAL SESSIONS July 13, 1999 Go AGENDA FOR FORMAL SESSION The Consent ~4genda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. Ho PRESENTATIONS: 1. SISTER CITIES INTERNATIONAL AWARDS - 1999 Ao SPECIAL ACHIEVEMENT MUNICIPAL COOPERATION Dr. and Mrs. Hiroyuki Hamada Mary Russo, Volunteer Co-Ordinator Diane Roche, Volunteer Co-Leader SISTER LIBRARIES - Virginia Beach and Miyazaki, Japan "A White House Millennium Council project designated by U.S. National Commission on Libraries and Information Science" Martha J. Sims, Director, Virginia Beach Libraries CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE Government Finance Officers Association Patricia A. Phillips, Director, Department of Finance RESOLUTIONS Resolution to request the CIRCUIT COURT order an election be held on November 2, 1999, re the sense of qualified voters of Virginia Beach as to the question of whether the City Council should adopt an ordinance approving the Light Rail project; and, to request the General Assembly enact a five percent (5%) tax on the retail price of gasoline to fund the project. (Requested by the Honorable Meyera E Obemdorf) Resolution to appoint KARLA C. HAYNES as Assistant City Attorney effective 16 August 1999. 3. License Refunds: $31,565.29 Jo PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of PRINCESS HOUSE, L.L.C., for a Conditional Use Permit for housing for the aged on the East side &Princess Anne Road, 180 feet North of Baxter Road, containing 5.014 acres (KEMPSVILLE - DISTRICT 2). Denied: January 16, 1999 Referred Back to Planning for Reconsideration: March 23, 1999 Deferred: July 13, 1999 Recommendation: APPROVAL K. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SYSTEMS ADVISORY BOARD PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 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) 07/28/99BAP AGENDA\08\03\99. www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 3, 1999 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re the WIRED CITY in the Council Conference Room, City Hall Building, on Tuesday, August 3, 1999, at 10:30 A.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr. William W. Harrison, Jr. [ENTERED: 10:50 A.M.] [ENTERED: 12:10 P.M.] 2 CITY MANAGER'S BRIEFING WIRED CITY 10:30 A. M. ITEM # 45272 Mayor Oberndorf advised that Abingdon, Virginia, completely "wired" the entire city ten years ago. David Sullivan, Chief Information Officer, explained the definition of a Wired City. As defined by Yahoo Internet Life Magazine; Home and Work Net Use Domain Density Hosts Per Capita Directory Density Content Quality In a recent survey Virginia Beach ranked 41st in the top fifty wired cities in the Nation.. Two years ago, 20.6% of homes in the metropolitan area of Virginia Beach are utilizing the Internet. 17% were able to connect to the Internet from work. This has increased. The City ranked IOta in the Nation in home and work net use according to the Wired City poll. Directory Density is the measurement of web sites in a particular area devoted to the Cities and governments in that area. Virginia Beach scores very low in this area. However, this is a regional Hampton Roads assessment. Content Quality is the subjective analysis performed after reviewing the government, media and cultural sites. Exponential growth of computingpower, telecommunications bandwidth and information and content are enabling an entire revolution in business, government and community. Gordon Moore was one of the co-founders of Intel Corporation. In the 1960's, he devised Moore's Law: The effectiveness of microprocessors doubles every 18 months. Today, this timeframe has been shrinking to approximately one year. Mr. Sullivan referenced an article in the VIRGINIAN-PILOT concerning new developments in computers and the possibility that computers couM be 100-BILLION times faster with this new technology than today. George Gilder, a writer for the telecommunications industry published an article approximately three years ago relative Bandwidth, which is essentially the amount of information which can be put through any given piece of cable or ftber optic. Gilder's Law states Bandwidth will triple every year (3 times the capacity)for at least the next 25 years. Mr. Sullivan cited examples. QWEST, a telecommunications company which did not exist three years ago, raised approximately $900- MILLION in capital and in less than 24 months built a nationwide long distance company from the ground up. When they started selling earlier this year, QWEST had more capacity than A T & T, MCI and SPRINT combined. Mr. Sullivan distributed samples of fiber optic cable. Signals are sent by pulses of light going down the cable. With new technology, instead of sending one color of light down the cable, they developed the ability to send 255 different colors of light down the same cable. Each one of those strands of fiber optic cable could now have carried 255 more kinds of information than before. Information Content is exemplified by the time a child born todayfinishes college, knowledge may have quadrupled; by the time that child reaches age 50, knowledge will have grown 32-fold. Mr. Sullivan cited the CHOICES: LEAD the change to be a truly "Wired City" FOLLOW the change, often resulting in being dragged along complaining, kicking and screaming all the way. RESIST the change and be run over resulting in a "digitally disadvantaged" community. August 3, 1999 -3- CITY MANAGER'S BRIEFING WIRED CITY ITEM # 45272 (Continued) OUR VISION FOR A "WIRED CITY" We enable easy and affordable access and connectivity to worldwide information for all citizens, business, schools and government. Our telecommunications and technology base attracts an increasing share of new business. We created a fair and competitive business environment with a level playingfield for all telecommunications providers in order to produce the best and most up-to-date services at competitive rates. Our investments in technology enhance rapid, effective and efficient police, fire and emergency response We have access and use communications and technology tools to serve citizens and visitors effectively and efficiently in order to maintain high quality customer service in a rapidly changing environment. We facilitate technology access and opportunity for "quality and lifelong learning"for all residents. Our technology and telecommunications infrastructure is developed in harmony with our goals for aesthetics and a "quality physical environment". We develop and implement sound public policy and services collaboratively to make Virginia Beach a "Wired City". Mr. Sullivan advised technology is opening up a whole new field for economic development. One example would be the WILLOW Company, based in Florida, which provide distributed "call centers" for technology. They train people to be call center operators who are called Cyber Agents. The individuals go through a training program, buy their own computer and work out of their homes. These are all over the country. Willow recruits the companies i.e. Lens Express, the Signature Group and they develop the applications so this remote Cyber Agent can take' phone orders and do the customer service 38% of their personnel have a college degree. The majority would not be in the work force without this alternative. The company monitors their performance. Our Role in Creating a "Wired City" Regulator Service Provider Facilitator A TelecommunicationsRegulator Ordinance has been DRAFTED with the assistance oftheHampton Roads Planning District Commission (HRPDC). A utility right-of-way local policy and process has been implemented. The City continues to work with the various agencies (NLC, NATOA, VML, HRPDC) and others to follow and address rapid changes in state and federal law and policy. As a Service Provider, the City must have extensive use of the Internet as an information delivery tool. Massive investment in local government technology and applications has been made (approximately $40-MILLION in City's Budget). Virginia Beach Public Schools has one of the best high speed networks in the State and possibly the nation. The City Manager's reorganization brings together key communications and technology services. As a Facilitator, the City partnered with others to make the Advanced Technology Center a reality. The City participated in the lease of City and school facilities for tower locations (approximately $254,000 a year in lease revenue). The City participated as a member of the Hampton Roads Technology Council, Hampton Roads Telecommunications Advisory Committee and Governor's Council on Technology Services. There is going to be a license plate choice in Virginia designating: "Internet Capital". The majority of lnternet traffic moves through Northern Virginia. August 3, 1999 -4- CITY M.dN/IGER'S BRIEFING WIRED CITY ITEM # 45272 (Continued) "What should we be doing now?" Complete a "Wired City" Policy. Adopt appropriate Telecommunications regulatory ordinances. Continue to advocate for local control of public rights-of-way. Expand delivery of services beyond information delivery using the Internet Improve coordination of local government technology projects and expenditures Complete an overall Technology Plan Participate in regional efforts to boost workforce technology competency. Participate in the Hampton Roads "Smart Region Initiative" Continue to focus on information technology and telecommunications for economic development. Mayor Oberndorf referenced an article concerning a chip, which will be produced for wireless technology. Mr. Sullivan advised the wireless is moving very fast. If one needs to move around with technology, wireless is the answer. If you are stationery (building, desk or home), then fiber optic cable is more cost effective because of the speed. Cox is bringing very affordable high speed technology to every home in Virginia Beach and they are about 18 months away from covering the whole City. The cable modem technology is five to ten times faster than the fastest telephone modem you can purchase. The other advantage is that one is always on line with the computer and never needs to dial. A flat monthly rate is paid. Relative paying water bills, parking tickets, these transactions can be secure between the individual and the City by way of digital signatures and authenticating the user. Mr. Sullivan advised the technology exists and needs to be deployed to do these types of businesses within the City. Norfolk/Virginia Beach/Newport News is the official name assigned to the statistical area. August 3, 1999 -5- CITY MANAGER'S BRIEFING SURFING S TA TUS 11:24 A.M. ITEM # 45273 Bruce Edwards, Director of Emergency Medical Services, advised on June 22, 1999, City Council eased restrictions on surfing in Virginia Beach under a trial basis. Open surfing is now permitted Monday thru Thursday in the Northend Beaches, Croatan and Sandbridge. Restrictions remain in place for the Resort Area daily and all other areas Friday thru Sunday. Additionally, a provision was made which allowed open surfing any time lifeguards limit swimming due to rough surf conditions. Ed Brazle, Division Chief- Regulations and Enforcement, advised the leash and shore break requirements will continue to be a focus for both the Departments of EMS and Police. There have been no report of injuries or swimmers and surfers interaction at this point. Since the report was compiled, several more comments have been received from the public relative issues with the leash law and behavior. There have been approximately 20% non-compliance with the leash law and infractions relative the shore break. A major portion relates to ignorance of the law. Approximately 50% of the surfers interviewed were not from Virginia Beach. As there has only been about 18 days of open surfing, there has not been enough time to truly assess the impact of the eased restrictions. While no injuries have been reported, most data is anecdotal. The Department of EMS is working with other agencies, including the Department of Management Services, to develop more sophisticated observation tools and evaluation methods. In order to broaden the observer base, additional efforts will be made to inform the public about avenues for raising conce?TIs. Based upon her contact with two government classes at Cox High School, Mayor Oberndorf believed the surfers did not have enough information to abide by the rules. They were not aware of the leash law nor the shore break. Mayor Oberndorf referenced two E-Mails from families in Croatan and requested Emergency Medical Services contact them and determine the amount of damage incurred. Council Lady Parker advised of several concerns relative surfers being at the pier area prior to sunrise. Mr. Brazle advised since 1992, surfing has only been allowed from sunrise to sunset. The issue of whether it is light enough on either end to allow surfing can be investigated. This might not have been previously strictly enforced. However, in the climate of behavior and conformance, this needs to be enforced. Councilman Branch suggested proper signage, if the surfing ordinance is continued. Mr. Bazle advised signs are being investigated in the analysis. Vice Mayor Sessoms advised on Friday, he was contacted by members of the Virginia Beach Rescue Squad pertaining to a newscast on Channel 10. Vice Mayor Sessoms watched this program on Friday, July 30, 1999, and the Newscaster started the report with the conflict between the Rescue Squad and the Fire Department. This continued "downhill". However, he did not view the program on Thursday. Vice Mayor Sessoms informed the Mayor. The reporter spoke with the Vice Mayor. When it comes to performance, he has never witnessed conflicts between the EMS and the Fire Department. Certainly it is known that there is somewhat of a competition between the volunteer and career individuals; however, Mr. Edwards and Chief Cade are in agreement that nothing interferes with the patient/care delivery. Slightly over 25% of EMS calls have the police on scene, as opposed to 33% with the Fire Department present. It has to be a "hand and glove" organization. Satisfaction rate on both fire and EMS delivery is 98+%. Mayor Oberndorf advised Chief Carter stated although he did not know it ".first hand", he believes someone who was a Volunteer had called in the story to Channel 10. Council Lady Parker said the important message is the general public is being covered by two very outstanding organizations. Mayor Oberndorf advised of a Medical Service with offices at Providence Square who forwarded angry correspondence to the Mayor relative not obtaining a permit to park their vehicle at 16th and Atlantic. In their anger, they accused the Rescue Squad of being understaffed, underfunded and they had to provide this vehicle on scene near where the bathers are located. Mayor Oberndorf informed Channel 3, the area in which this vehicle wished to park is apartments. Public streets are not allowed to be utilized as an office location. This is not a non-profit organization. August 3, 1999 -6- CITY MANAGER'$ BRIEFING SURFING STATUS ITEM # 452 73 (Continued) The City Manager advised this medical service was trying to develop their business by making these accusations. One of the strong points of the City's system is the tremendous number of units per capita responding. With the new cad system (on line in October), there will be better data than in the past relative response statistics. Nationally, comparative response times are a difficult issue. The City Manager serves as the National Chair for the International City Manager's Association, which is reviewing this performance measurement question for fire emergency services. There are many kinds of variables. However, the ICMA is attempting to arrive at a base level to make some valid comparisons and draw reasonable conclusions in order to determine better performance. August 3, 1999 -7- CITY MANAGER'S BRIEFING CREEDS FUEL FACILITY ll:47A.M. ITEM # 45274 David Grochmal, Director of General Services, advised several years ago, the City embarked upon a plan to consolidate City and School fueling facilities under the management operation of the City. The City began by allowing the schools to fuel at the primary fuel site of the Landstown Highway Yard which worked well. An overall plan was developed for eventually having several major consolidated fuel facilities at the following locations: Landstown Euclid Across Witchduck Road (Highways and Landscape Services) Southern portion of the City Oceana School Bus Garage Gienwood School Bus Garage The City is negotiating an agreement with Schools where the City will take over the operation of those two schools. This agreement will be brought back to City Council and the School Board for consideration. City Council approved the CIP projects to construct two of the newest facilities located at Euclid (finished last Fall) and the Southern Fuel Site (final location was not determined). Prior to design and construction, the City Council must make final approval of the proposed southern fuel site. The City Staff spent considerable time in the southern part of the City (looking at everything south of Indian River Road) to locate an appropriate site for this facility. Twelve possible sites were investigated, the majority of which were City-owned property. The areas depicted in "yellow" on the map were existing fuel facility sites. Mr. Grochmal displayed on the map: Pleasant Ridge Road Mosquito Highway Yard and the Communication Tower, new Creeds Fire Station, Creeds Air Field and Blackwater Fire Station. After reviewing all the available options, the staff believed a reasonable alternative would be to build a single facility at the Creeds Airfield (off Campbells Landing Road). The staff wants to be assured the decision is an acceptable one to the community. The staff is also working with Council Lady Henley to formulate their conclusions. Several meetings have been held with the residents along Campbeils Landing Road and Morris Neck Road There was some disagreement as to the City's use of this site. The majority of the residents believes this was not a good location and would be disruptive to the community relative the additional traffic. The roads, particularly Campbelis Landing, are somewhat narrow as this facility would be utilized for school buses and fire trucks and be open 24-hours a day. The cost of the facility has also increased. Based upon the two meetings, the staff decided upon another concept. The second alternative was to place 3 small fuel facilities at the existing: (1) Pleasant Ridge Mosquito Control Yard (2) Blackwater Fire Station (3) New Creeds Fire Station (slightly larger than the others). Therefore, these facilities would be kept on the main road - Princess Anne, the traffic would be dispersed and the cost estimate would be slightly less expensive to construct the three smaller sites than a single larger site well off the road and hidden from the public view. The Creeds Civic League voted to support their preference of the three smaller sites. The staff presented a proposed depiction of the fuel facility at the Creeds Fire Station at a second meeting of the Creeds Civic League. They voted to support the facility. Eddie Barnes, Landscaping, presented the landscape and visual plan. The staff was conscious of the impact of this fueling site to the small subdivision in this area. Southbound on Princess Anne Road, this area could be addressed with Leyland Cypress trees clustered about 12 to 14feet at time of installation. Northbound on Princess Anne Road there would be the small species clustered next to the parking area. This would reduce the visual impact of this fueling site. From the view of the neighboring subdivision, some material has already been planted to the rear of the station. Two additional cedars would close any visibility that the residents of this subdivision would view of the fueling site. Council Lady Henley expressed appreciation to Mr. Grochmal and his staff for their diligence. Mayor Oberndorf congratulated Council Lady Henley and the staff. BY CONSENSUS, City Council concurred with the recommendation for the 3 small fuel facilities (1) Pleasant Ridge Mosquito Control Yard (2) Blackwater Fire Station (3) New Creeds Fire Station (slightly larger than the others). August 3, 1999 -8- CITY MANAGER'S BRIEFING MPO PRIORITIZA TION 12:05 P.M. ITEM # 45275 The City Manager advised Councilman Louis Jones is the City's representative for the Metropolitan Planning Organization, which is going to be considering the Regional Transportation Project Prioritization at their August 18, 1999, Meeting. The City Manager advised this is the second day of City Council's goal setting Retreat. Dwight Farmer, Deputy Executive Director of Transportation - Hampton Roads Planning District Commission, advised the HRPDC has struggled through various presentations of multi million dollar studies during the last three to five years. About 3/4 of the way through these Major Investment Studies, a conclusion was drawn that these were fairly interrelated, but not essentially "stand alone "projects, but wouM have a bearing on the economic competitiveness of Hampton Road and the ability to slow traffic for commuters on a daily basis between and within localities. The HRPDC has proposed to bring these together in a system analysis. VDOT, for a variety of reasons, chose not to do that. At the end of the last study (the Route 460 study), HRPDC decided, as a part of the long range transportation planning process which is federally mandated every three years, to bring these projects together. The following 7projects were brought to the forefront: Hampton Roads Crossing Interstate 64 (Peninsula) CSX Corridor (Peninsula Light Rail) Route 460 Norfolk- Virginia Beach Light Rail Midtown Tunnei/Pinners Point/ MLK Freeway Extension Southeastern Parkway & Greenbelt $ 2.4-BILLION. $ 1.3-BILLION $ 600-MILLION $ LO-BILLION $ 975-MILLION $ 650-MILLION $ 425-MILLION TOT.4L ESTIMA TED COST $ 7.5-BILLION The seven projects were identified several years ago as being technically feasible but outside any reasonable amount of funding that would be available within the 2020 Plan time period. In addition to the $7-BILLION worth of "regional projects" there are also $6-BILLION worth of local projects that are also being reviewed. It is anticipated that $4 to $5-BILLION will be available for these local projects over the next 20years. T~ aff~rd ~~ca~ g~vernments adequate time t~ bec~me inf~rmed and discuss this imp~rtant matter~ the MPO has recommended that the August 18, 1999, meeting be scheduled to make a decision on the region's large unfunded projects. The HRPDC is not requesting any locality to vote on tolls and taxes. It is anticipated that additional State funding will be forthcoming through future legislative and statutory actions during the next 20 years. CA 0 RECOMMENDED PA CKA GE OF TRANSPOR TA TION PR OJECTS $400-MILLION SSOO-MILLION $ I-BILLION $400-MILLION $4 7S-MILLION $42 S-MILLION $ 3.2-BILLION Interstate 64 Route 199 South to 1-664 Route 460 Interstate Type Facility Petersburg region to fund its share of the projecr Hampton Roads Crossing Assumes additional $1.2-BILLION in Federal Funding $200-MILLlON from VPA for the Craney Island Regional Rail/Transit Assumes leveraging of other federal funding Midtown Tunnel/MLK Freeway Extension/ Pinners Point Connector (Excludes tke cost of the Pinners Point Connector which is already funded at $17S-MILLION) Southeastern Parkway TOTAL PACK.4GE COST August 3, 1999 -9- CITY MANAGER'S BRIEFING MPO PRIORITIZA TION ITEM # 452 75 (Continued) The recommended funding strategy is for an average gas tax increase of l 2 cents per gallon over 20 years. The average toll is pegged at $1.50 for the new Hampton Roads Crossing, the existing Hampton Roads Bridge Tunnel, the existing Monitor Merrimac Memorial Bridge Tunnel and the Southeastern Parkway and a toll of $1 (again averaged over 20years) on Route 460. Councilman Jones distributed a copy o fa Resolution to Endorse to the Governor and the General Assembly the Transportation Projects contained in the Metropolitan Planning Organization's 2020 Transportation Plan, as set forth in the Hampton Roads Planning District Commission's Briefing package dated July 7, 1999 and entitled, "Regional Priority Setting- The Future of Transportation in Hampton Roads" and requesting the Governor and the General Assembly to find appropriate sources of fundingfor such projects. Councilman Jones noted amendments to this resolution: Instead of stating Norfolk Virginia Beach Light Rail, the verbiage shouM be "Regional Rail/Transit Improvements". The CSX Corridor Light Rail verbiage should also be eliminated. Robert Matthias, Assistant to the City Manager, advised the Planning District Commission proposal only pays for capital, not operating or maintenance. There would still be another funding source needed for the operating maintenance cost. Mr. Farmer advised a year ago in November, a report was prepared by PDC as to after all the T21 funds are received what is going to be built. To their surprise, 138 out of 155 active implementation scheduled projects for Hampton Roads were being delayed an average of 14 months. VDOT took exception to that report and requested time for rebuttal. Essentially, VDOT did not rebut, but in fact explained why there were 138 projects delayed and categorized the delays with a variety of reasons from process to environmental work to changes in positions of City Council and Board of Supervisors. In May, the next 6-Year Improvement Program was received, and it was discovered there was a cash flow problem. 55projects were delayed additionally by one year with some of them as much as 3 and 4years. Mr. Farmer said it is a severe state-wide cash flow problem. Mr. Matthias advised relative the funds accumulated when there was a toll on 1-44. Approximately $23- MILLION was in the fund of which $11-1/2-MILLION has been set aside for resurfacing with this funding only to be used on Route 264 in the City. The other funding of approximately $11-MILLION is currently under contract. 1-264 is in the process of being lighted, starting from the eastern end and moving west as well as installing more intelligent highway signs. The interest in the investment will be lost. Mr. Matthias also advised there are funds available in the CIP for the Great Neck interchange improvements and the City has been working collaboratively with YDOT for the past year to devise alternative designs for the other interchanges of Witchduck, Rosemont and Great Neck to Lynnhaven. The cost of the improvements would be approximately $150-MILLION Mr. Farmer advised VDOT is in a current day cash flow crunch; however, he feels confident they will get out of this. BY CONSENSUS, the RESOLUTION re Regional Priority Setting- The Future of Transportation in Hampton Roads" will be SCHEDULED for the City Council Session of August 10, 1999. August 3, 1999 -10- ,4 GENDA RE VIE W SESSION 12:56 P.M. ITEM # 45276 1.1. Resolution to request the CIRCUIT COURT order an election be held on November 2, 1999, re the sense of qualified voters of Virginia Beach as to the question of whether the City Council shouM adopt an ordinance approving the Light Rail project; and, to request the Generai Assembly enact a five percent (5%) tax on the retail price of gasoline to fund the project. (Requested by the Honorable Meyera E Oberndorj) This item will be discussed during the FORMAL SESSION. ITEM # 45277 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTIONS 1.2. Resolution to appoint IDIRL~ C. HAYNES as Assistant City Attorney effective 16August 1999. L3. License Refunds: $31,565.29 August 3, 1999 - 11 - CITY COUNCIL COMMENTS 12:57P. M. ITEM # 452 78 Vice Mayor Sessoms inquired relative the time limit for door-to-door solicitations. A citizen inquired of Elizabeth City who informs it is legal for solicitations to continue until 9.'00 P.M. Assistant City Attorney Randy Blow will review and advise. ITEM # 452 79 Councilman Heischober advised last month the City Clerk's office provided the CITY COUNCIL POLICY MANUAL. Councilman Heischober expressed his appreciation and hoped the Council would encourage continuation of this manual as it is beneficial. Mayor Oberndorf advised it assists with the corporate memory relative procedures. Council Lady Henley inquired relative the inclusion of the Agriculture Reserve Program as a policy as this was an Ordinance. The City Manager advised he believed this was a policy in the Comprehensive Plan and then this was formalized as an ordinance. The City Manager advised the intent was at the First Meeting, annually in July, City Council wouM ADOPT, by reference, the new updated POLICY MANUAL. ITEM # 45280 Mayor Oberndorf advised Trevor Polley, the new City Manager of North Down, Northern Ireland, will be in attendance at the City Council Session of August 1 O, 1999. North Down, Northern Ireland and the City of Virginia Beach have formed a bond of friendship and respect between their communities in a bond evidenced by culture, education, economics and language was appreciation for each others' diversity and the warmth of good fellowship. Meyera E. Oberndor~, Mayor of Virginia Beach, Virginia, USA, and Marion Smith, Mayor of North Down, Northern Ireland signed the friendship agreement on July 22, 1999. ITEM # 45281 The City Manager distributed the PROGRESS REPORT TO CITY COUNCIL. This document describes progress made on the Targets identified at City Council's Planning Workshops in August of 1998, and March 1999. Also included in a separate section are related Significant Department Activities to provide a convenient and broader view of the organization's results. There are 239 significant departmental activities commencing on Page 16. August 3, 1999 - 12- ITEM # 45282 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, August 3, 1999, at 1:00 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None August 3, 1999 - 13- ITEM # 45283 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Boards and Commissions: Agricultural Advisory Commission Francis Land House Board of Governors Health Systems Advisory Board Parks and Recreation Commission Personnel Board Public Library Board Transportation District Commission of Hampton Roads Appointment: Assistant City Attorney Annual Evaluation of Council Appointees Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into CLOSED SESSION. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William V~. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 3, 1999 - 14- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 3, 1999 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, ~lugust 3, 1999, at 2.'00 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members ~4bsent: None INVOCATION: Father Charles Faul Church of the Holy Apostles 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, 1999, is hereby made apart of the record. August 3, 1999 Item VI-E. - 15- CER TIFICA TION OF CLOSED SESSION ITEM # 45284 Upon motion by Vice Mayor Sessoms, second ed by Councilman Heischober, 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: 10-0 Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor35, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III August 3, 1999 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 # 45283, Page 13, 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 fi.om 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. Rtr(h Hodges Sn~th, CMC/AAE City Clerk August 3, 1999 -16- Item VI-F. 1 MINUTES ITEM # 45285 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of July 13, 1999. Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III August 3, 1999 Item VI-G.I. -17- ADOPT AGENDA FOR FORMAL SESSION ITEM # 45286 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 3, 1999 - 18- Item VI-H.I.~ PRESENTATION ITEM # 45287 Mayor Oberndorf PRESENTED: SISTER CITIES INTERN,4 TION,4L ,4 WARDS - 1999 SPECIAL .4 CHIEVEMENT MUNICIP,4L COOPERATION Dr. Hiroyuki Hamada, Mary Russo, Volunteer Co-Ordinator and Diane Roche, Volunteer Co-Leader, with the following Volunteer Co-ordinators, Doris Hindlin, Donna Vgeidner, Bessie Bell and Cecilia Slade ,4 CCEPTED the award. August 3, 1999 Item VI-H.I.b. - 19- PRESENTATION ITEM # 45288 Mayor Oberndorf PRESENTED: SISTER LIBRARIES- Virginia Beach and Miyazaki, Japan "A White House Millennium Councii project designated by U.S. National Commission on Libraries and Information Science" Marcie Sims, Director - Public Libraries, ACCEPTED the award. ~4ugust 3, 1999 - 20- Item VI-H.2. PRESENTATION ITEM it 45289 Mayor Oberndorf PRESENTED: CERTIFICA TE OF ACHIEVEMENT FOR EXCELLENCE Government Finance Officers Association Patricia A. Phillips, Director, Department of Finance, ACCEPTED the Certificate, on behalf of the entire Finance Department. This Certificate for Excellence in Financial Reporting has been received for the Twentieth Year. This is a direct reflection on City Council 's financial management. Mrs. Phillips recognized Robert Hays, Assistant Comptroller, Rich Dunford, Don Barrett, Richard Lester, Principal Accountant, who were the leaders in the compiling the document and all their staffs. This was the last CAFR prepared from the oM system. The CAFR is an excellent reference for credit rating agencies and is clear, concise information for citizens and investors. August 3, 1999 - 21 - Item VI-L RESOLUTION ITEM # 45290 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED IN ONE MOTION, Resolutions 2 and 3 of the CONSENT AGENDA.. Voting: 11-0 Council Members Voting,4ye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and ~1. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 3, 1999 - 22 - Item VI-L1. RESOLUTION ITEM # 45291 The following spoke in SUPPORT of a November Referendum for Light Rail: Brian Kirwin, 304 Cripple Creek Court, Phone: 433-3470 Al Strazzullo, 3120 Sand Pine Road, Phone: 481-0024 Wally Erb, 150 Cayuga Road, Phone: 497- 7451, advised the citizens initiated a petition drive the last week of June and filed with the court relative light rail. Mike Arsuga represented Al Wallace, 4601 Chippendale Court, Phone: 497-2187 David Clark, IE 1209 North Bayshore Drive, Phone: 422-0040, previously served on the Southeastern Virginia Planning District Commission for 14 years. Robert K. Dean, 1204 Shawn Drive, Phone: 427-6606, President- Citizens Action Coalition, Inc. Marv Keefer, 4729 Eldon Court, Phone: 456-0070 A MOTION was made by Council Lady Parker, seconded by Council Lady McClanan, to ADOPT a Resolution to request the CIRCUIT COURT order an election be hem on November 2, 1999, re the sense of qualified voters of Virginia Beach as to the question of whether the City Council should adopt an ordinance approving the Light Rail project; and, to request the General Assembly enact afive percent (5 %) tax on the retail price of gasoline to fund the project. (Requested by the Honorable Meyera E OberndorJ) Upon SUBSTITUTE MOTION by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED, AS AMENDED*: Resolution to request the CIRCUIT COURT order a referendum election be held on November 2, 1999, on the question of whether City Council should adopt an ordinance approving the development and financing of the proposed Virginia Beach-Norfolk- Naval Base Light Rail Transit Project. (Requested by Councilman William IV. Harrison, Jr.) *In the title of the Resolution and the question appearing on the Ballot, the following verbiage shall be inserted after "The proposed Virginia Beach-Norfolk... "and before "..Light Rail Transit Project". "-Naval Base.. ' to read: "Should the City Council adopt an ordinance approving the development and .financing of the proposed Virginia Beach-Norfolk-Naval Base Light Rail Transit Project?" Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. 34. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 3, 1999 Requested by Councilmember William W. Harrison, Jr. 1 2 3 4 5 6 7 8 9 A RESOLUTION REQUESTING THE CIRCUIT COURT TO ORDER THAT A REFERENDUM ELECTION BE HELD ON NOVEMBER 2, 1999, ON THE QUESTION OF WHETHER CITY COUNCIL SHOULD ADOPT AN ORDINANCE APPROVING THE DEVELOPMENT AND FINANCING OF THE PROPOSED VIRGINIA BEACH-NORFOLK-NAVAL BASE LIGHT RAIL TRANSIT PROJECT 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O WHEREAS, the State's 1998-2000 Biennial Budget ("State Budget") provides funding in the amount of One Million, Nine Hundred Thousand Dollars ($1.9 million) in the second year to the Tidewater Transportation District Commission for development of the Virginia Beach- Norfolk Transit System ("Light Rail Transit Project"); WHEREAS, the State Budget states that "[s]econd year funding shall be provided if (i) a majority of voters in the City of Virginia Beach, and any other affected locality that decides to hold a referendum, support a November 1999 referendum to approve the development and financing of the proposed Virginia Beach-Norfolk Transit System; or (ii) a referendum on the question is not held by November 1999;" WHEREAS, § 3.05 (f) of the City Charter grants City Council the power "[t]o provide for the submission of any proposed ordinance to the qualified voters of the city at an advisory referendum to be initiated by a resolution to the circuit court of the city and held.., in the manner provided by law... ;" WHEREAS, City Council has consistently conditioned its continued support for the proposed Light Rail Transit Project on the citizens' support for the Project at an advisory referendum; and WHEREAS, in light of the aforementioned State Budget provision and City Council's consistent position on citizen approval, City Council is of the opinion that the issue of whether the Council should adopt an ordinance approving the development and financing of the proposed Light Rail Transit Project should be submitted to the voters of the City of Virginia Beach at an advisory referendum to be held at the November 2, 1999, general election. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That, pursuant to § 3.05(1') of the Charter of the City of Virginia Beach, the Circuit Court of the City of Virginia Beach is hereby requested to order an election to be conducted in accordance with §§ 24.2-682 and 24.2-684 of the Code of Virginia (1950), as amended, and held on November 2, 1999, to take the sense of the qualified voters of the City on the question of whether the City Council should adopt an ordinance approving the development and financing of the proposed Light Rail Transit Project. 2. That the question to appear on the ballot shall read as follows: Should the City Council adopt an ordinance approving the development and financing of the proposed Virginia Beach- Norfolk-Naval Base Light Rail Transit Project? Yes No 3. That, ifa majority of the voters voting at the election approve the question set forth above, any ordinance that may be adopted by the City Council shall be substantially similar to the proposed ordinance attached hereto as Exhibit "A;" 4. That a copy of the proposed ordinance shall be made available for inspection at the City Clerk's Office and all public libraries and recreation centers within ten (10) days of the passage of this resolution, and shall be posted on the City's web page as soon as possible. Furthermore, the City Clerk shall fax a copy of the proposed ordinance to any citizen upon request; and 5. That the City Attorney is hereby directed to file a certified copy of this resolution, along with an appropriate petition and order, with the Circuit Court of the City of Virginia Beach for such an election to be held on November 2, 1999. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 day of August , 1999. CA-7436 ORDIN~NONCODE~LIGHT RAIL 3.RES AUGUST 3, 1999 R9 2 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 EXHIBIT "A" AN ORDINANCE APPROVING THE DEVELOPMENT AND FINANCING OF THE PROPOSED VIRGINIA BEACH-NORFOLK- NAVAL BASE LIGHT RAIL TRANSIT PROJECT WHEREAS, a majority of the qualified voters of the City of Virginia Beach who voted at an advisory referendum held on November 2, 1999, expressed support for City Council's adoption of an ordinance approving the development and financing of the proposed Virginia Beach-Norfolk-Naval Base Light Rail Transit Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby approves the development and financing of the proposed Virginia Beach-Norfolk-Naval Base Light Rail Transit Project and the City of Virginia Beach's continued participation in the Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1999. CA- ODIN~NONCODE~LIGHTRAIL2.ORD August 2, 1999 R5 Item VI-I.2. - 23 - RESOLUTION ITEM # 45292 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Resolution to appoint KARLA C. I-L4YNES as Assistant City Attorney effective 16August 1999. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara 3/[. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and,4. 3/1. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 3, 1999 1 2 3 A RESOLUTION APPOINTING KARLA C. HAYNES TO THE POSITION OF ASSISTANT CITY ATTORNEY 10 11 12 13 14 15 16 17 18 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the Code of the City of Virginia Beach, Virginia, Karla C. Haynes is hereby appointed to the position of Assistant City Attorney, effective August 16, 1999. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of August , 1999. CA-7445 ORDIN~NONCODE~KARLA HAYNES. RES R-1 PREPARED: 07/15/99 APPROVED AS TO LEGAL SUFFICIENCY ~ 24 - Item VI-L3. RESOLUTION ITEM # 45293 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED: License Refunds: $31,565.29 Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and,4. 3/1. "Don" Weeks Council Members Voting Nay: None Council Members ,4bsent: None August 3, 1999 FORM NO CA. 8 REV 3'88 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ACCELERATED REAL ESTATE SERVICES INC 06/30/99 AMERICAN STUDIOS INC 07/12/99 BALDWIN JOYCE M 07/12/99 BEACH AUTOMOTIVE SERVICE CORP 06/29/99 BERGQUIST CARL 07/12/99 BLACK DOG GALLERY LLC 06/29/99 BOBBITT ELIZABETH B o7/o2/99 BOUCHONNET ROBERT W/TERESA LEE 07/07/99 CRUISE VENTURES INC 07/12/99 DELIGHT INC 07/06/99 FF ACQUISITION LLC 07/02/99 FIRST CHOICE PROPERTIES CORP 07/08/99 GT6 ENTERPRISES INC 1999 HARRIS SHAREE L 07/12/99 MIDAS TOUCH LTD 07/06/99 SPARROW GREGORY S 07/09/99 AUDIT 10.00 1.17 11.17 AUDIT 203.79 0.00 203.79 AUDIT 10.00 0.33 10.33 AUDIT 3.60 1.14 4.74 AUDIT 10.00 0.00 10.00 AUDIT 10.00 0.00 10.00 AUDIT 10.00 0.00 10.00 AUDIT 10.00 0.00 10.00 AUDIT 652.35 81.51 733.86 AUDIT 127.91 15.98 143.89 AUDIT 17,318.79 0.00 17,318.79 AUDIT 1,591.75 60.09 1,651.84 07/07/99 1.66 0.00 1.66 AUDIT 40.00 8.66 48.66 AUDIT 245.72 14.21 259.93 AUDIT 50.00 1.67 51.67 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the ~.. Certif'~to p/~j~'ent: .L ~h~liCJ. Kellam Co~missioner of the Revenue City ~ttornoy $20,480.33 were approved by the Council of the 3rd day of August ,19 99 Ruth Hodges Smith City Clerk FORM NO C.A. 8 R~'V. 3/8~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE YEAR PAID BASE INTEREST TOTAL A DIFFERENT TOUCH INC ANOTHER ROUND INC CHURCH POINT MARKET INC COMPULAND INC ECKERD CORPORATION EDWARDS MARK A GHANBARI AKBAR HERBSINC HAYNES FURNITURE CO INC INTERNATIONAL NAILS INC MUSICIANS PLANET DELAWARE LLC NEALRAJ INC OWEN BUSINESS SERVICES INC PERSEPOLICE INC SMITH BILLY RAY JR TANDY CORPORATION TRIANGLE FUNDING CORP VAN DAALEN JONATHAN O VIRGINIA BEACH VETERINARY HOSPITAL VOGEL PEDIATRICS INC 06/22/99 AUDIT 346.61 0.00 346.61 06/25/99 AUDIT 155.06 5.17 160.23 1999 06/25/99 76.83 0.00 76.83 06/23/99 AUDIT 542.28 0.00 542.28 1999 07/01/99 898.59 0.00 898,59 1999 06/25/99 49.38 0.00 49.38 1999 06/30/99 252,65 0.00 252.65 06/24/99 AUDIT 20.00 0.25 20.25 06/24/99 AUDIT 7,258.32 0.00 7,258.32 1999 06/25/99 13.44 0.00 13,44 1999 06/28/99 25.96 0.00 25.96 1999 06/25/99 110.88 0.00 110.88 1999 06/29/99 107.56 0.00 107.56 1999 06/22/99 3.50 0.00 3.50 1999 06/25/99 10.25 0.00 10.25 06/22/99 AUDIT 149.59 39.89 189.48 1999 06/30/99 83.48 0.00 83.48 1999 06/24/99 80.22 0.00 80.22 1999 06/25/99 363.64 0.00 363.64 1999 06/25/99 491.41 0.00 491.41 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $11,084.96 3rd were day Cedified a,,s to paymeg,~ ~'~'Z'~Z Philip J.'Kellar~ -- Commissioner of the Revenue E~slie L. Lilley City Attorney approved by the Council of the of August. ,19 99 Ruth Hodges Smith City Clerk Item VI-J. - 25 - PUBLIC HEARING ITEM # 45294 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. PRINCESS HOUSE, L.L.C. CONDITIONAL USE PERMIT ~lugust 3, 1999 Item VI-J. 1. - 26- PUBLIC HEARING PLANNING ITEM # 45295 The following registered in SUPPORT: Attorney Michael £evinson, 303 34th Street, represented the applicant J. Lloyd Wolfe, 4777 Marlwood Way, resident of Kempsville Laeks, Phone: 499-7357 The following registered in OPPOSITION: William Bailey, 4841 Rosecroft Street, Phone: 495-0637 Upon motion by Councilman Weeks, seconded by Councilman Harrison, City Council ADOPTED the Ordinance upon application of PRINCESS HOUSE, L.L.C., for a Conditional Use Permit: ORDINANCE UPON APPLICA TION OF PRINCESS HO USE, L.L. C. FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR THE AGED R08992289 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Princess Anne House, L.L.C. for a Conditional Use Permit for housing for the aged on certain property located on the east side of Princess Anne Road, 180feet north of Baxter Road. Said parcel contains 5.014 acres. DISTRICT 2- KEMPSVILLE The following conditions shah be required: The Conditional Use Permit approval shall allow for the establishment of an independent living facility consisting of 186 units for independent living as shown on the submitted preliminary landscape and site plan, dated October 15, 1998, on file in the Department of Planning office. The location and design of all proposed exterior signs must be submitted to and approved by the Director of Planning prior to the submission of the signs for City permit approvals. Any free standing signs shall be monument style. o The architecture and building materials of the proposed structures shall be in keeping with the renderings and photographs submitted to the Planning Department and displayed at the public hearings. White painted steel columns will be used instead of the wooden columns shown in the photographs of the interior elevations. The shutters adjacent to the triple window in the front pediment as shown on the front elevation must be removed. Automatic sprinkler and fire alarm systems shall be installed in the independent living facilities as approved by the Office of Fire/Plans Review and the City Fire protection Engineer. Such systems shall comply with NFPA 13R and NFPA 13. Cross access shall be provided to the property adjacent to the southeast in order to facilitate access to Baxter Road in the future. The applicant shah construct the cross access drive aisle with development. The location must be acceptable to Traffic Engineering. August 3, 1999 Item VI-J. 1. -27- PUBLIC HEARING PLANNING ITEM # 45295 (Continued) 6. At a minimum, amenities shall include landscaped courtyards with two shuffle boards, a gazebo, walking paths with gardens, benches, grills and picnic tables. Three meeting rooms, totaling not less than 2300 square feet with an equipped exercise room, shall also be provided. 7. Van service shall be provided to the residents by the developer/management. Forty percent of the units will be made available to tenants whose income does not exceed 60% of the median area income. The rent for these units, including utilities, will not exceed 30% of the 60% adjusted median area income. The remaining units in the project may be rented at market rates. 9. Applicant to provide a berm with landscaping around the perimeter of the property. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of August, Nineteen Hundred and Ninety-Nine Voting: ~4 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W.. Harrison, Jr., HaroM Heischober, Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan Mayor Meyera E. Oberndorf and Nancy K. Parker, Council Members Absent: None August 3, 1999 Item VI-Kd. - 28- APPOINTMENTS ITEM # 45296 B Y CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SYSTEMS AD VISOR Y BOARD PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD August 3, 1999 - 29 - Item VI-M. 1. NEW BUSINESS ITEM # 4529 7 Councilman Jones distributed the REVISED RESOLUTION, which will be SCHEDULED for the City Council Session of August 10, 1999: Resolution to Endorse to the Governor and the General Assembly the Transportation Projects contained in the Metropolitan Planning Organization's 2020 Transportation Plan, as set forth in the Hampton Roads Planning District Commission's Briefingpackage dated July 7, 1999 and entitled, "Regional Priority Setting- The Future of Transportation in Hampton Roads" and requesting the Governor and the General Assembly to find appropriate sources of funding for such projects. August 3, 1999 - 30- Item VI-N. ,4DJOURNMENT ITEM # 45298 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:35 P.M. Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia August 3, 1999