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HomeMy WebLinkAboutDECEMBER 14, 1999 MINUTES! "COMMUNITY FOR A LIFETIME" CITY COUNCIL WAYOR MEYIzRA F OBERYDORF At Large VI( L MAYOR WILLIAM D SESSOM$ JR At Largt LINWOOD 0 BRA~,'CH III Dt~trtt t 6 Beat h ~ARGARET1 FURE Dt~lrtt t I (ent~rttll~ WILLIA~I W H4RRISO~' JR Dt~lttt I 5 I vn.ha~en tt4ROLD tlEI~,('ttOB£R At Large BARBARA M tlFNLFY Dt~lrUl 7 P~tme~ Anne L()UI~ R JONE~ Dtslttt 14 Bav~tdt REBA ~ ~&CI ANA:'~' Dt*trttt ~ Rt,~t itall .~v'A,V( Y K PARKER Al Large % 'vt (DON)WFEK~ Dt*trut2 Kempvvtlle JAMES K SPORE ('ti). Manag~ t LESLIE L LILLb Y City Attorney RUTtl HODGI' ti 3~41TH C~ICiAAE City Cletk CITY COUNCIL AGENDA . ~IA BE ' CITY HALL BUILDING I 2aOI ( Ot tRTHOUSE DRIVb VIRGINIA BI:A('H VIRGINI,I 2 ~4~6 9IX)5 PtIONb (757) 427 bAX (7~7) 426 5669 I: MAIl CTYCNCI~CIFY VIRGINIA B['ACII VA December 14, 1999 I. CITY COUNCIL PRESENTATION - Conference Room - 10:30 AM A. TIDEWATER COMMUNITY COLLEGE Dr. E. T. Buchanan, The Provost, Virginia Beach Campus (ts minutes) Dr. Deborah M. Di Croce, President II. CITY MANAGER'S BRIEFING m. FORT STORY GOLF COURSE Robert R. Matthias, Assistant to the City Manager (~6 minutes) III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 11:30 AM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: The Reverend Gretchen Nelson Beech Grove and Bethel United Methodist Church 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 F. MINUTES 1. INFORMAL & FORMAL SESSIONS December 7, 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and constdered tn the or&nary course of bustness by City Counctl to be enacted by one motion. H. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY a. 3.476 acres at 4564 Bonney Road (ROSE HALL - DISTRICT 3) 2. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION a. BAYCLIFF CIVIC LEAGUE, INC. b. BETH SHOLOM SANDS C. MAKE-A-WISH FOUNDATION OF EASTERN VIRGINIA, INC. I. ORDINANCES/RESOLUTIONS o Ordinance to declare a 3.476 acre parcel at 4564 Bonney Road as EXCESS PROPERTY; and, authorize the City Manager enter into an Option Agreement with LTD Management Company, Inc. ( ROSE HALL - DISTRICT 3 ). e Ordinance to declare a 0.553 acre parcel of land at 522 South Independence Boulevard as EXCESS PROPERTY; and, authorize the City Manager execute a special Warranty Deed and convey the property to the Byler-Clark Partnership (Public Hearing was held December 7, 1999.) (ROSE HALL- DISTRICT 3) Deferred: December 7, 1999 . Resolutions to support legislation designating real and personal property owned by the following benevolent corporations as being exempt from state and local real and personal property taxation: a. BAYCLIFF CIVIC LEAGUE, INC. b. BETH SHOLOM SANDS C. MAKE-A-WISH FOUNDATION OF EASTERN VIRGINIA, INC. . Ordinance to AMEND and REORDAIN sections of the City Code, Chapter 18, re business licenses: a. 18-2 re b. 8-5 re c. 18-8 re d. 18-10.2 re e. 18.15 re f. 18.18 re g. 18.20 re definitions general requirements levy and purpose of taxes exclusions and deductions from "gross receipts" dates for application and payment proration of tax assessment of tax and issuance of license generally e Ordinance to ACCEPT and APPROPRIATE $747,283 State funds to the FY 1999-2000 Operating Budget of the Community Services Board (CSB) re services and equipment. . Ordinance to TRANSFER $39,000 within the Police Department's FY 1999-2000 Operating Budget re replacement scales for their Motor Carrier Safety Unit. . Resolution to authorize the development of project documents in conjunction with the City of Virginia Beach Development Authority re a Central Business District (CBD) Project known as "The Town Center of Virginia Beach". . Resolution to request the General Assembly and Governor of the Commonwealth of Virginia adopt and approve proposed legislation re extending the existence of the Southeastern Public Service Authority (SPSA) and withdrawal of its member localities. 9. TAX REFUNDS: Trustee Tax Refunds $ 213.44 Tax Refunds $6,165.88 J. PLANNING . Applications of CORNELIUS F. BOYNTON, JR., ANTONINA BOYNTON, LOPE B. PILE and MERCY PILE (KEMPSVILLE - DISTRICT 2): ao Discontinuance, closure and abandonment of a portion of Jersey Avenue beginning at its Northern terminus and running in a Northerly direction to the Southern boundary of Virginia Beach Boulevard, containing 5607 square feet, to incorporate adjoining properties and facilitate redevelopment bo Conditional Use Permit to replace the CUP approved September 28, 1999, for automobile sales and service at the Southeast comer of Virginia Beach Boulevard and North Witchduck Road (5085 Virginia Beach Boulevard), containing 21,667 square feet. Deferred: November 9, 1999 November 23, 1999 Recommendation: APPROVAL , Applications of ROBERT STEINHILBER and HERBERT A. CULPEPPER at the Southwest intersection of Blackwater Road and Blackwater Loop, containing 320 acres. (DISTRICT 7- PRINCESS ANNE): a, b, 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. · Conditional Use Permit for an alternative residential development Staff and Planmng Commission Recommendation: DENIAL . Application of CHARTER BEHAVIORAL HEALTH SYSTEM OF VIRGINIA BEACH for a Conditional Use Permit for an office building with a dimng room for staff only on the South side of Will-O-Wisp Drive, East of First Colonial Road (1701 Will-O- Wisp Drive), containing 7 acres (LYNNHAVEN - DISTRICT 5). Deferred: December 7, 1999 Recommendation: APPROVAL . Application of M&G ASSOCIATES, T/A LYNNHAVEN DRY STORAGE MARINA for a Conditional Use Permit for a marina {dry_ storage boatel) on the East side of West Great Neck Road South of Lynnhaven Drive (2150 West Great Neck Road), contaimng 7.38 acres (DISTRICT 5 - LYNNHAVEN). Recommendation: APPROVAL . Application of VIRGINIA BEACH MARLIN CLUB, INC., for a Conditional Use Permit for a commercial marina on Block 30, Shadow Lawn Heights (308 Mediterranean Avenue), containing 6,050 square feet (DISTRICT 6 - BEACH). Recommendation: APPROVAL · Application of TELBELE BROTHERS, L.L.C., FOR A Conditional Use Permit for a recreational facili _ty of an outdoor nature (Putt-Putt Golf Course) at the Southwest comer of Atlantic Avenue and 18th Street, containing 5,760 square feet (DISTRICT 6 -BEACH). Staff Recommendation: Planning Commission Recommendation: DENIAL APPROVAL , Applications of CITY OF VIRGINIA BEACH: ao AMEND the Comprehensive Plan by ADDING provisions re shoreline erosion and access to satisfy regulations promulgated under the authority of the Chesapeake Bay Preservation Act. bo City Zoning Ordinances (CZO) re parking garages: (Requested by Council Member Harrison) Sections: 111,239.03,601,701,801,901, 1001, 1501, 1511, 1521 Recommendation: APPROVAL K. APPOINTMENTS BOARD OF ZONING APPEALS (BZA) COMMUNITY SERVICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS MINORITY BUSINESS COUNCIL PLANNING COMMISSION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - NOVEMBER 1999 N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephomc Devine for the Deaf) 12/09/99slb AGENDA\12-14-99 www.virginia-beach.va, us OUR N~~(~G~ MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rg~ma December 14, 1999 Mayor Meyera E Oberndorf called to order the PRESENTATION re TIDEWATER COMMUNITY COLLEGE tn the Councd Conference Room, Ctty Hall Buddtng, on Tuesday, December 14, 1999, at 10 30 AM Councd Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf, Reba S McClanan, Nancy K Parker and A M "Don" Weeks Councd Members Absent Vice Mayor Wdham D Sessoms, Jr [ENTERED 12 13 P MI December 14, 1999 -2- CITY COUNCIL PRESENTATION TIDEWATER COMMUNITY COLLEGE 10:30 A. M. ITEM # 46039 Dr Deborah M DtCroce, Prestdent- Tidewater Community College, extended apprectatton for Ctty Counctl's support and the valued servtce of the three appotntees to the Tidewater Community College Board L Stanley Waranch - Chair, Dorcas T Helfant and Shewltng M Wong Dr DtCroce advtsed tt has been a very producttve year for the College The College has setzed upon the occaston of the arrtval of the new President and the College's Thtrtteth Anntversary last year to retnvent Tidewater Community College The Vtston foresees TCC as becomtng the new Millennium Strategic Community College, and a nattonal model for a comprehenstve communtty college tn the Twenty-first Century The vision ts routed to a two- prong mtsston corps entttled College Transfer and Work Force Development TCC as tt looks toward the future, wtll do better than any Community College tn the United States tn prepartng students to successfully complete the Baccalaureate educatton and prepare tndtvtduals for the world of work There are five (5) strategic themes or operating prtnctples Partnerships Flexibility and proactive responsiveness Entrepreneurship Technology Heightened Public ,4ccountability Underlytng this vtston and these operattngprtnctples are five fundamental behefs, whtch are non-negottable Education is the single greatest act of optimism that all of us have as a natron, as a community, as a regton Knowledge ts power Access ts tncreastngly becomtng part and parcel to that aspect of power Education is the means by which people can enrich and enhance their lives through self-growth and development Education and training are critical components of an area's economic vitality. Fundamentally, an area's economic future is only as bright as its work force will allow it to be A Community College that is doing its job, functions as an integralpart of the Community and makes a positive enduring difference tn the ltfe of the communtty and shares the goals as well as the challenges of that commumty Relattve economic development, the College has been repostttontng tts whole work force development by worktng closely wtth the Ctty's Economtc Development Dtrector- Donald Maxwell The College ts becomtng far more pro-acttve, more cohestve and more service ortented The College ts vtewed as a partner wtth all of the regtons tn servtng as both an ambassador for the wonderful world tn whtch they hve tn South Hampton Roads, as well as provtcltng educatton and tramtngfor the regton In the past year, over 5, 000 dtfferent employees have been served through spectahzed relattonshtps that respond spectfically to area tratntng needs The College ts tn the process of tntervtewtng for a Dean of Work Force Development A representattve from Economic Development ts servtng as a part of the search effort Wtthtn the next two years, TCC will be offertng a full degree vta on-ltne The whole notton behtnd thts ts expanded outreach wtth the restdents served The work tn terms of collaborattng the K-12 sector and the 4-year sector has taken great strtdes over the past year or so t e a grant, ltnktng TCC wtth Salem Htgh School, the Advanced Technologtcal Center and the collaboratton begtnntng to occur with the Virginia Beach Higher Education Center. There ts somethtng of a virtual university tn the Ctty's mtdstl The College has also begun to reconceptuahze thephystcal factltttes for a new century The College ts examtntng retrofitttng, renovating, addtttonal space and the posstbtltty of relocattng some of the extsttngfacthttes as well as examtntng prtvate development as a means of chverstfytng the funding base Relattve fundmg, the College ts focused on an adequate base of operating support for the tnstttutton coupled with the tssue of more targeted funds to advance or finance the vtston for the College The fundtng challenge ts viewed essenttally as one of partnershtp wtth the State betng the prtmary pubhc tnvestor, the locahty betng a secondary publtc tnvestor and wtth the College's many frtends tn the Corporate sector becomtng powerfully tmportant as prtvate investors The goal wtthtn thts context ts to butld a base of private supplemental support for the college December 14, 1999 -3- CITY COUNCIL PR~SENTA TION TIDEWATER COMMUNITY COLLEGE ITEM # 46039 (Continued) Enrollment has increased 5.1% thts Fall and ts reflecttve of the largest enrollment ever tn the College's history The actual number of students served is over 20,000 wtth full time equivalent students betng over 11,000. There has been a 2% increase in the enrollment in the Virginia Beach campus Relattve the Vtrgmta Beach campus the student profile consists of 57% 68% 34% 28 79% 51% 18% women part time minority average age of student Virginia Beach residents enrolled in the College transfer program Virginia Beach residents enrolled 42% of all Virginia Beach residents, enrolled tn undergraduate educatton tn a Vtrgtnta College or Untverstty, are enrolled at TCC thts past Fall Wtthout questton, TCC ts the stngle largest provtder of undergraduate educatton tn thts regton followed by Old Domtnton Untverstty, Norfolk State Umverstty and Vtrgtnta Tech The Advanced Technology Center ts a model for others to emulate Dr E T Buchanan, The Provost -Vtrgtnta Beach Campus, introduced Davtd Sulhvan and Gwen Cowart, as being two (2) of TCC's star graduates Dr Buchanan referenced the Project Planning Schedule - Advanced Technology Center, whtch was &strtbuted to Ctty Counctl The Construction Start (Phase 2 - Site Work) ts esttmated to begtn this month Construction Start (Phase 3 - Mobilization) June 2000. Construction to Substantial Completion November 1, 2001 Final Construction Completion - Certificate of Occupancy December 1, 2001 Install Movable Furniture & move in January 2, 2002 There are spaces wtthtn the butldtng of the Advanced Technology Center whtch wtll be dedtcated to Tidewater Community College, public schools and the City of Virginia Beach, durtng the day Durtng the eventngs and weekends, tt ts the assumptton that the pubhc school spaces wtll be available for work force acttvtttes Chairman L Stanley Waranch advtsed he came with "hat tn hand" to request thts Counctl tojotn wtth TCC tn butldtng an Advanced Technology Center of which all wtll be proud Thts could not have happened wtthout the tndtvtduals tn thts room asststtng to make this a dynamtc force for the Ctty of Vtrgtnta Beach Mr Waranch also expressed apprectatton for the opportuntty to serve on the Board of Tidewater Community College. Mr Waranch advtsed his other accomphshment was to select Dr DtCroce as the new Prestdent He comphmented Ctty Counctl on thetr appotntments and satd Dorcas T Hel~[ant and Shewhng M Wong are truly great assets to the Tidewater Community College Board Mr Waranch tntroduced Ttm Ftnk, Dtrector of Facthttes, who co-or&nates with the Architects, School Board and State relattve brtngtng the Technology Center to fruition Mayor Oberndorf expressed apprectatton to Dr DtCroce, Dr Buchanan and Chatrman Stanley Waranch December 14, 1999 -4- CITY MANAGER'S BRIEFING FORT STORY GOLF COURSE 11:00 A.M. ITEM # 46040 Robert R Matthtas, Assistant to the Ctty Manager, advtsed relattve the status of developtng a htgh qualtty golf course tn partnershtp wtth the Army at Fort Story The Army attempted about 3 or 4years ago to "jump start" the process and tssued a Request For Proposal for the butldtng of a golf process Approxtmately 30 firms responded to the RFP. None of the provtders wtshed to provtde an incentive back to the Army for thts golf course development The Army ts tnterested tn developtng a source of cash flow for the Morale, Welfare and Recreation Fund (MWR) Mr Matthtas &splayed a map entttled 18 Hole Golf Course Development Site Thts tllustrates the 200 acres the Army has tdenttfied for a posstble golf course The stte commences just tnstde the east gate off Atlanttc Avenue and goes up to the west over the dunes Thts ts an area that has been dtsturbed by man frequently over the last seventy years. Thts would be a scemc course utthzmg both the bay and the ocean The Ctty, at our cost of less than $5,000, had two appratsals prepared for the lease of thts property The values reported were $22,400 a year and $120,000 a year. The Ctty ts propostng that the payments be $71,200 a year The Ctty ts propostng to lease the property dtrectly from the Army and sublease tt to the successful developer The Army has to secure enabhng legtslatton from Congress to lease thts property and tt wtll be much easter and more destrable for the Army to have the Ctty named as the lessee, rather than a yet to be destgnated developer Thts ts stmtlar to the dredge relocation at Rudee Inlet The lease pertod would be a minimum of thirty years The agreement between the Ctty and the Army, whtch would also requtre the successful developer's approval, would provtde a lease payment made to the Army and 10% of the gross operating income of the golf course pard to the MWR funds at Fort Story on an annual basts The agreement would also tnclude the requtrement that 10% discount (or some other mutually agreeable percentage) on green fees would be avatlable to tndtvtduals stattoned at Fort Story and Fort Eustis. Thts would be a "links course" that would be descrtbed wtth adjecttves such as "world class ", "challengtng", "envtronmentally senstttve," and "placed tn a htstortc setttng" The Ctty's RFP would requtre, among other thtngs, a championship class clubhouse and other auxiliary buildings The Ctty would be allowed to collect amusement taxes as appropriate The development of thts golf course would be fatrly tnexpenstve as tt would be a 'links type course' and probably tn the range of $3-5-MILLION Infrastructure would not entatl a large expense, as sewer and water are already avatlable, and there ts an extsttng roadway In order toproceed, the Cttyproposes, at tts expense, to have an Environmental Assessment (EA) completed to tdenttfyfatal flaws, such as adequate ground water supply for trrtgatton There are a number of lakes and ponds there, but are probably not suffictent to provtde water for trrtgattng the golf course As thts would be a 'links type course ', tt wtll probably requtre a mtntmal amount of trrtgatton The Ctty would tdenttfy the items to be examined tn the EA tn consultatton with the Army and tndtvtduals knowledgeable about golf course constructton/operatton The staff ts requesttng approval of $50, OOO from the Economic Development Incentive Fund (ElF)for the Environmental Assessment performed to tdenttfy the fatalflaws Thts wouM encompass approxtmately a year The staff would then propose to work wtth the Army to develop an RFP. The successful btdder would be responstble for paytng the cost of the EIS, whtch ts esttmated between $300,000 and $500,000 and then perform the golf course development Construction would probably not commence for at least three years, wtth a year of constructton Therefore, tt would be at least four years before the golf course would be on hne Thts has been chscussed wtth the Counctl Ltatsons- Vtce Mayor Sessoms and Counctl Member Harrtson They are both tn support of thts proposal Thts project has also been dtscussed wtth three members of the Parks and Recreatton Golf Course Commtttee and they are also tn support A golf course ts not a major generator of vehicular traffic and would probably mvolve less than 100 cars per day and thus the tmpact to the netghborhood would be mtntmal The 'link style course' has more of a wide open tract as tn England and Scotland Much of the natural terrain rematns, not every portton of the golf course ts developed The layout of the 'link style course' wtll often have several holes from stde to stde so the golfer ts gotng one way out and one way back and gotng north~south~east~west forever This Fort Story Golf Course wtll have the htghest natural elevations tn the Ctty, as some of the sand dunes are approxtmately 80-foot high. The City could evolve tnto the agreement wtth the successful developer Then the Ctty would be patd back tts cost, for the Environmental Assessment The course would be open to the general pubhc The Army would not get preferenttal tee trines The avatlabthty of the pubhc beach use would not change However, the club house mtght be located dtrectly adjacent to the pubhc beach area, allowtng an area for the utthzatton of pubhc restrooms rather than the porta potttes The golf course would not negattvely tmpact the beach area tn any way December 14, 1999 -5- CITY M/INA GER 'S BRIEFING FORT STORY GOLF COURSE ITEM # 46040 (Continued) The Ctty Manager &strtbuted a copy of the DRAFT letter to Brtgadter General Wtlltam E Mortensen, Office of the Commandtng General - U S Army Transportatton Center, Fort Eustts, Vtrgtnta, relattve the Fort Story Golf Course, whtch ts hereby made a part of the record B YCONSENSUS, Ctty Councd &rected Staff to conduct the EnvironmentalAssessment wtth the water study betngfirst (at a cost of approxtmately $25,000) before the full EA December 14, 1999 -6- ,4 GENDA RE VIE W SESSION 11:27,4.M. ITEM # 46041 12 Ordtnance to declare a 3 4 76 acreparcel at 4564 Bonney Road as EXCESS PROPERTY; and, authortze the Ctty Manager enter into an Option Agreement wtth LTD Management Company, Inc (ROSE HALL - DISTRICT 3 ) The Ctty Attorney chstrtbuted a revtsed copy of the Attachment, which clartfies the Option ,4greement Mr Maxwell advtsed the owners of LTD are Dthp R Desat - President and H K Thakkar ITEM # 46042 12 Ordtnance to declare a small parcel of land at 522 South Independence Boulevard as EXCESS PROPERTY, and, authortze the Ctty Manager execute a spectal Warranty Deed and convey the property to the Byler-Clark Partnership (ROSE HALL- DISTRICT 3) Councdman Harrtson referenced the fatrly compelhng argument at the last Ctty Counctl meettng that thts ts a land locked parcel, separated from Mount Trashmore Park by a &tch There was not any posstbthty that thts was land whtch the Ctty would wtsh to uttltze as part of Mount Trashmore Park. By declartng thts excess, tt would make the adjacentproperty the only hkely benefactor to use same Counctl Lady McClanan advtsed she preferred thts excess property remain tn tts present state Her concern was the butldtng would be too close to thejoggtng path Mayor Oberndorf referenced the correspondence of Katheryn Byler dtm Lawson, Real Estate, &splayed a map detathng the locatton of thts Excess Property The LTD square footage for an office buddtng Thts excessproperty has not beenprogrammed for uses as apart of the Park, however, tt has beenpercetved aspart of the Park Certatnly wtth Coastal Video tmprovements, the necessity for buffertng, ts even more apparent Sara Hensley, Dtrector of Parks and Recreatton, advtsed the questton of the buffer, open space acqutsttton and leavtng the land tn tts natural state ts why the City staff ts recommendtng thts parcel rematn as Ctty property Counctlman Hetschober advtsed declaratton of thts property as excess wtll take away from open space, whtch ts contrary to the prtnctples estabhshed by Ctty Counctl Counctlman Branch referenced other small adjacent parcels whtch are undeveloped, therefore, thts mchvtdual could explore opportuntttes for negottatton The Ctty Attorney chstrtbuted a revtsed Ordtnance, whtch was tn comphance wtth the City's Excess Property Policy. Thts ttem wtll be chscussed durtng the Formal Sesston ITEM # 46043 13 Resolutions to support legtslatton destgnattng real and personal property owned by the followtng benevolent corporattons as betng exempt from state and local real and personal property taxation: a. BA YCLIFF CIVIC LEA GUE, INC. Councilman Harrtson beheves thts ts the first ttme, he can remember, approval of an exemptton for an organtzatton that does not have a tax determination by the Internal Revenue Servtce advtstng the organtzatton ts a charttable organtzatton Thts fact was referenced tn the Ctty Attorney ~ correspondence to Ctty Counctl Whtle the apphcatton for Baycliff states the Ctvtc League ts a charttable organtzatton, tt does not have a determtnatton by the Internal Revenue Service to that effect The Ctty Attorney advtsed thts Resolutton could be DEFERRED unttl the Ctty Counctl Sesston of January 4, 2000, and sttll meet the deadhne for fihng wtth the General Assembly Asststant Ctty Attorney Larry Spencer advtsed he wtll research, but he beheves there was one occaston when the apphcant chd not have a 501c3 determination letter, and the organtzatton was recommended for tax exemption to the General ,4ssembly. Asststant City Attorney Spencer advtsed thts determmatton letter ts merely a constderatton of the Ctty Counctl not a legal requtrement December 14, 1999 -7- AGENDA RE VIE W SESSION ITEM # 46044 16 Or&nance to TRANSFER $39,000 wtthtn the Police Department's FY 1999-2000 Operattng Budget re replacement scales for thetr Motor Carrier Safety Unit Counctlman Hetschober tnqutred whether fines tn the Pohce Budget could be utthzed for thts purpose The Ctty Manager advtsed thts request was submttted tn the FY 1999-2000 Budget, but was not included tn the Department's recommended budget However, there have been malfunctions wtth the scales These new scales are of htgher quahty than the older models and are projected to have a longer hfe cycle Average annual revenue collected from fees charged for vehtcle violations ts sufficient to cover the amorttzed cost of the scales plus all other annual expenses assoctated wtth the operatton of the MCSU. ITEM # 46045 1 7 Resolution to authortze the development ofproject documents tn conjunctton wtth the Ctty of Vtrgtnta Beach Development Authority re a Central Bustness Dtstrtct (CBD) ProJect known as "The Town Center of Virginia Beach" The Ctty Attorney dtstrtbuted a revtsed Resolutton and advtsed thts Resolutton ts requesttng the Ctty Counctl approve the concept outhned tn the Memorandum of Understanding It ts exphcttly hsted as non-btndtng to parttes In good fatth, the Ctty ts advtstng the Investment Partner, they wish to proceed based on the terms outhned This is a concept. There are many specific ttems wtth respect to thts Memorandum of Understanding, whtch have not been negottated through The staff ts requesttng authortzatton to proceed wtth the negottattons and brtng forward a final document Thts tnformatton relattve the "Town Center of Virginia Beach" wtll be on the City's Web Stte The City Manager advtsed the Developer and representattves of the Central Bustness Dtstrtct Assoctatton wtsh to present tnformatton relattve the "The Town Center of Virginia Beach". Thts ttem wtll be &scussed durtng the Formal Sesston The Ctty Manager referenced the tssue of the rezomng of the property wtll be scheduled for the Ctty Counctl Sesston of January 25, 1999 Land contracts are tnvolved tn the negottatton and exptre on December 22, 1999 The tmpetus to havtng at least the conceptual approval on record ts from the land contracts and also the effort to acqutre the Columbus lproperty There ts a depostt whtch becomes non-refundable on January 3, 2000 A related tssue ts one of ttmtng The City ts negottattng wtth a number of tenants on thts project and there are approxtmately four tnstances of major tenants who are tnhabtttng one floor of thts butldtng, each of whom have leases exptrtng tn July 2001. If there ts a stgntficant delay, the butldtng wtll not be constructed tn ttme to have those tenants move tn or lose the opportumty to sign those tenants There ts sttll many opportumttes for pubhc comment on thts project both tn the Planntng Commtsston and Ctty Counctl regardtng the rezomng and durtng the actual presentatton of the formahzed contract to the proposed developer Councdman Harrtson wtll ABSTAIN on thts ttem ITEM # 46046 BY CONSENSUS, the followtng items shall compose the CONSENT AGENDA ORD INANCES/RES OL U TIONS I1 Ordtnance to declare a 3 476 acreparcel at 4564 Bonney Road as EXCESS PROPERTY; and, authortze the Ctty Manager enter into an Optton Agreement wtth LTD Management Company, Inc (ROSE HALL - DISTRICT 3) 13 Resoluttons to support legtslatton destgnattng real and personal property owned by the followmg benevolent corporattons as betng exempt from state and local real and personal property taxation: a BAYCLIFF CIVIC LEAGUE, INC b BETHSHOLOMSANDS c MAKE-A-WISH FOUNDATION OF EASTERN VIRGINIA, INC December 14, 1999 -8- AGENDA RE VIEW SESSION ITEM it 46046 (Continued) 14 Ordinance to AMEND and REORDAIN secaons of the C~(y Code, Chapter 18, re bustness hcenses a 18-2 b 8-5 c 18-8 d18-102 e 18 15 f1818 g 18. 20 re definitions re general requirements re levy and purpose of taxes re exclustons and deducttons from "gross recetpts" re dates for application and payment re proration of tax re assessment of tax and issuance of license generally 15 Ordinance to ACCEPT and APPROPRIATE $747,283 State funds to the FY 1999-2000 Operating Budget of the Commumty Servtces Board (CSB) re services and equipment 16. Ordtnance to TRANSFER $39,000 within the Police Department's FY 1999-2000 Operatmg Budget re replacement scales for their Motor Carrier Safety Unit 18 Resolunon to request the General Assembly and Governor of the Commonwealth of Vtrgtma adopt and approve proposed legislation re extending the extstence of the Southeastern Pubhc Servtce AuthortCy (SPSA) and wtthdrawal of tts member locahttes 19 TAX REFUNDS: Trustee Tax Refunds $ 213.44 Tax Refunds $6,165. S8 Item 3 a wi11 be DEFERRED BY CONSENT, unttl the Ct~y Council Session of January 4, 2000 Councilman Harrlson will ABSTAIN on Item 8 December 14, 1999 -9- AGENDA RE VIE W SESSION ITEM # 46047 J1 Apphcattons of CORNELIUS F. BO YNTON, JR., ANTONINA B O YNTON, L OPE B. PILE and MER CY PILE (KEMPS VILLE - DISTRICT 2) Dtsconttnuance, closure and abandonment of a portton of Jersey Avenue begtnntng at tts Northern termtnus and runntng tn a Northerly dtrectton to the Southern boundary of Vtrgtnta Beach Boulevard, contatntng 5607square feet, to tncorporate adjotntng properttes and facthtate redevelopment Conchttonal Use Permtt to replace the CUP approved September 28, 1999, for automobtle sales and service at the Southeast corner of Vtrgtnta Beach Boulevard and North Wttchduck Road (5085 Vtrgtnta Beach Boulevard), contatntng 21,667square feet Mayor Oberndorf referenced correspondence of Attorney Wtlham J Swanner, III, requesttng INDEFINITE DEFERRAL ITEM # 46048 J 2 Apphcattons of ROBERT STEINHILBER and HERBERT A. CULPEPPER at the Southwest tntersectton of Blackwater Road and Blackwater Loop, contatmng 320 acres (DISTRICT 7- PRINCESS ANNE) Vartance to Sectton 4 2(m)(1) of the Subdtvtston Ordtnance which requtres a mmtmum 30-foot pavement wtdth for the proposed cul-de-sac re a proposed 26-foot pavement width and swales tn heu of curb and gutter to route stormwater runoff b Conchttonal Use Permit for an alternattve restdenttal development Councd Lady Henley dtstrtbuted correspondence from Charles L. &emon of &emon and Larsen to John M Carlock, AICP - Hampton Roads Planntng Dtstrtct Commtsston relattve the Mansfield Farm Alternattve Development Concept As an adjunct to Stemon & Larsen's contract wtth HRPDC to develop a Rural Area Preservatton Program for the Southern Watersheds of the ctttes of Chesapeake and Vtrgtnta Beach, they have been requested to revtew the layout proposed by the apphcant "Robert Steinhilber and Herbert A Culpepper" and offer an alternative subdivision design The revtew would be conststent wtth the stated objecttves of the City's zontng ordtnance and Comprehenstve Plan for the area and utthze rural planntng prmctples betng developed for the Southern Watersheds Counctl Lady Henley had requested as a part of thts overall study to review Ordinance 405 and determtne if there are flaws tn the Ordtnance, or tf m fact, these prtnctples tn the Ordinance can be accomphshed on property as the "Mansfield Farm" A concept of alternate subdtvtston plans was developed to successfully achteve the Ctty's pohcy objecttves for the Pungo/Blackwater area, protect equtttes for the landowner and those of his netghbors, and begtn to advance through tllustratton the sttll-to-be-fully-arttculated planntng goals emerging through the Southern Watershed Area Management Plan (SWAMP)process sponsored by the Hampton Roads Planntng Dtstrtct Commtsston Thts tnformatton has been shared wtth the apphcant's Attorney Edward Bourdon, as Counctl Lady Henley ts not tnchned to support the design stnce tt does not conform to the Ordmance, but tf they would be wtlhng to attempt to do a destgn whtch does comply, then Counctl Lady Henley would be agreeable to a deferral Counctl Lady Henley chstrtbuted proposed subdtvtston plans The Staff and Planntng Commtsston have recommended DENIAL Vtce Mayor Sessoms advtsed the apphcants are opttmtsttc about the concept presented to Attorney Bourdon who would hke to request the DEFERRAL and agree to attempting to comply wtth thts plan Counctlman Branch referenced the duck bhnds on Blackwater Creek which would be tn proxtmtty of thts development and thts ts somethtng the Ctty Counctl needs to review December 14, 1999 I -lO- AGENDA RE VIEW SESSION ITEM # 46049 13 Apphcatton of CHARTER BEHAVIORAL HEAL TH SYSTEM OF VIRGINIA BEACH for a Conchttonal Use Permtt for an Office building wtth a chnmg roomfor staff on[¥ on the South stde of Wtll-O- Wtsp Drive, East of Ftrst Colonial Road (1701 Wtll-O- Wtsp Drive), contammg 7 acres (L YNNHA VEN- DISTRICT 5) Counctlman Harrtson advtsed Wiley Cooke of the 3-M Destgn Group, who represents the apphcant, relattve hts proposed revtsed condtttons Charter Behavior ts tn agreement to the condtttons 1 There shall be no extertor stgn tdenttfytng the cafeteria The dumpsters and shed shall be screened from Wddwood Drtve and Ltndsley Drtve wtth a stx- foot (6') tall prtvacyfence wtth Category I landscaping on the outstde of the fence 3 All anctllary vehtcles used durtng recent constructton work and excess butldtng materials shall be removed from the stte 4 There shall be no garbageptck up or truck dehvertes to thts stte before 7 30 a m or after 6 O0 p m 5 Conchttons #2 and #3 shall be metprtor to use of the cafeteria Condtttons gl and g4 are on-gotng ITEM # 46050 15 Apphcatton of VIRGINIA BEACH MARLIN CLUB, INC., for a Con&ttonal Use Permtt. fora commerctal martna on Block 30, Shadow Lawn Hetghts (308 Medtterranean Avenue), contatntng 6, 050 square feet (DISTRICT 6 - BEACH) Council Lady Henley expressed concerns and thts ttem wtll be chscussed during the Formal Sesston ITEM # 46051 16 Apphcatton of TELBELE BROTHERS, L.L.C., for a Conchttonal Use Permtt for a recreattonal_facdt_ty of an outdoor nature (Putt-Putt Golf Course) at the Southwest corner of Atlanttc Avenue and 18th Street, contatntng 5, 760 square feet (DISTRICT 6 -BEA CH) Counctlman Harrtson expressed concern relattve rooftop golf and golf balls falhng on ctttzens Counctl Lady Parker will ABSTAIN as the apphcants are chents of Parker Pools ITEM # 46052 1 7 b Apphcattons of CITY OF VIRGINIA BEACH: AMEND City Zontng Or&nances (CZO) re parking garages (Requested by Counctl Member Harrtson) Council Member Weeks advtsed addtttonal ttme ts needed for constderatton as the Verbattm of the Planmng Commtsston had not been recetved Thts ttem wtll be DEFERRED, BY CONSENT, until January 4, 2000. December 14, 1999 -II- AGENDA RE VIEW SESSION ITEM # 46053 BY CONSENSUS, the following items shall compose the PLANNING B Y CONSENT AGENDA J 1 Apphcattons of CORNELIUS F. BOYNTON, JR., ANTONINA BO YNTON, LOPE B. PILE and MERCY PILE (KEMPSVILLE - DISTRICT 2) ao Dtsconttnuance, closure and abandonment ora portion of Jersey Avenue begmmng at tts Northern termtnus and runnmg tn a Northerly dtrectton to the Southern boundary of Vtrgtnta Beach Boulevard, contatntng 5607 square feet, to tncorporate adjommg properttes and facthtate redevelopment Con&ttonal Use Permtt to replace the CUP approved September 28, 1999, for automobde sales and service at the Southeast corner of Vtrgtnta Beach Boulevard and North Wttchduck Road (5085 Vtrgtma Beach Boulevard), containing 21,667 square.feet. J. 3 Apphcatton of CHARTER BEHA FLORAL HEAL TH SYSTEM OF VIRGINIA BEACH for a Condtttonal Use Permtt for an office butldtng wtth a dining room_for staff onl_¥ on the South side of Wtll-O- Wtsp Drtve, East of Ftrst Colontal Road (1701 Wtll-O- Wtsp Drive), contatmng 7 acres (LYNNHA VEN - DISTRICT 5) ,14 Apphcatton of M&G ASSOCIATES, T/A L YNNHA VEN DR Y STORAGE MARINA for a Condtttonal Use Permtt for a rnarma (d~_ storage boatel) on the East stde of West Great Neck Road South of Lynnhaven Drtve (2150 West Great Neck Road), contatntng 7 38 acres (DISTRICT 5 - LYNNHA VEN) ,15 Apphca.on of VIRGINIA BEACH MARLIN CLUB, INC., for a Conditional Use Permit for a commerctal manna on Block 30, Shadow Lawn Heights (308 Medtterranean Avenue), contatmng 6, 050 square feet (DISTRICT 6 - BEACH) J 7 Apphcattons of CITY OF VIRGINIA BEACH: AMEND the Comprehensive Plan by ADDINGprovtstons re shoreline erosion and access to sattsfy regulattons promulgated under the authort02 of the Chesapeake Bay Preservation Ac~ b AMEND Ct~y Zontng Ordtnances (CZO) re parking garages (Requested by Councd Member Harrison) Secttons 111, 239 03, 601, 701, 801, 901, 1001, 1501, 1511, 1521 Item ,1 1 will be DEFERRED INDEFINITEL Y, BY CONSENT Item ,1 3 wtll be APPROVED, BY CONSENT, with revised conditions. Item 7 b wtll be DEFERRED, BY CONSENT, until the City Council Session of January 4, 2000. December 14, 1999 - 12- CITY COUNCIL COMMENTS 12:32 P.M. ITEM # 46054 Council Lady Parker referenced correspondence from Betsy Agelasto relattve Lastan Road, whtch ratsed some of the same concerns These concerns also concur with comments of Resort Advisory Commission (RAC) relative Lasktn Road Council Lady Parker requested these tssues be researched ITEM # 46055 Council Members Eure and Parker were appotnted hatsons with the communtoo relattve the AMENDMENT of the Comprehensive Plan Appendix re destgn GUIDELINES for large retail establishments on November 23, 1999. The Council Members had thetr first meetmg recently and have requested further deferral Attorney R d. Nutter had represented the Hampton Roads Assoctatton for Commerctal Real Estate and requested DEFERRAL unttl January 11, 1999, of thts Amendment for review by the Assoctatton Councd Lady Parker advtsed the Assoctatton was finding major problems wtth the gutdehnes The Assoctatton ts requestmg at least a 90-day deferral Council Lady Eure advised the Assoctatton represents over 90% of the commercial retail developers tn the Ctoo Five (5) tndtvtduals were selected for the Task Force wtth whtch Counctl Members Eure and Parker are working There are methods tn which guidelines and provisions can be estabhshed to control some of the by-rtght development and thts Assoctatton wouM hke an opportuntty to present thts mformatton to Ctoo Counctl for constderatton The Task Force ts dedicated to forward these gutdehnes to Ctoo Staff by January 6, 2000 On January 13, or 14, the Task Force wtll return wtth the Ctoo stafff s recommendattons The representatives wouM then confer with the Assoctatton Therefore, tt could posstbly be to (?tOo Counctl by at least March 14, 1999, or earher Counctl Lady Eure referenced photographs of butldtngs tn "Kentlands " tn Gatthersburg, Maryland (a suburb of Washington, D C ) All of the butldtngs Lowes, Hams Teeter are all of the same quahOo depicted. Mayor Oberndorf advtsed tn Charlotte, North Carohna, there ts even a more elaborate shopptng area behtnd a gorgeous berm and tn an exqutstte setttng Mayor Oberndorf tnqutred tf the Assoctatton wouM agree to a 90-day voluntary moratorium on any "by right design" of shoppmg centers unttl the gutdehnes are estabhshed The Ctty Attorney advtsed Mayor Oberndorf tf certatn zonmg apphcattons come before CtOo Councd, while related matters are under discussion, these parttcular apphcattons can be deferred for a reasonable pertod of ttme. However, tf there ts "by right construction" submitted to the Development Servtces Center, tt does not requtre a zoning or CtOo Counctl approval There ts a statutory schedule wtth which the Dtrector of Planmng's office has to comply Mayor Oberndorf requested Counctl Member Eure convtnce the Members of the Assoctatton not to submtt apphcattons for any by right development for 90-days Counctl Lady Eure satd she wouM be happy to do so She advtsed the Association dehberately did not chose any one for the Task Force that wouM be self servmg t e Lakestde Constructton Council Lady Parker referenced some of the proposals were very good and wondered tf those couM be tncorporated wtth the "by right" development The developers are upset when constructmg a beauttful butldmg of a certatn destgn and then have a by right development adjacent to them with a confltctmg design and not aesthettcally pleastng Council Lady McClanan beheved tt was the intent of the opposttton to delay these gutdehnes unttl they couM develop as they wtsh Councilman Branch tnqutred if the property recently cleared on Seaboard Road at the corner ts to be a strip shopptng mall Is thts wtthtn the Historic Preservation District or are there any controls the Ctoo can have on this parcel of properOo7 Mr Scott advised the apphcant was requtred to file and tmplement an Erosion and Sedimentation Control Plan. That ts the extent of the Department's control Thts parcel ts not tn the Historic District There are about 3 acres of B-2 existing zoning since 1973. Council Lady Henley said thts ts one of the "by right developments" and those are the real problem areas It ts her understandmg the apphcant apphed and was gtven permtsston to clear more than the B-2 properOo Mr Scott wtll investigate and advtse Relative the access, Mr Scott must confer wtth Traffic Engtneermg, but he ts very concerned with the level of traffic on Prmcess Anne Road tn this vtcmtOo (20,000 cars a day on a two-lane road) December 14, 1999 -13- CITY COUNCIL COMMENTS ITEM # 46056 Mayor Oberndorf referenced correspondence from Admtral Cole advtstng the Carper Housing tn Kempsvtlle butlt ortgtnally for the Navy contatmng over 600 units ts gotng to be rebuilt wtth only 320 units Hopefully, tn addttton to the tot lots, they wtll be combining recreation for the teenagers December 14, 1999 - 14- ITEM # 46057 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, December 14, 1999, at 12 45PM Council Members Present Ltnwood 0 Branch, III, Margaret L Eure, IY'tlham W. Hamson, ,Ir, HaroM Hetschober, Barbara M Henley, Louts R dones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wdham D Sessoms, dr and A M "Don" Weeks Councd Members Absent None December 14, 1999 - 15- ITEM # 4605~ Mayor Meyera E Oberndorjq, entertamed a motion to permtt City Councd to conduct its CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtma, as amended, for the followmg purpose' PERSONNEL MATTERS Dtscusston, consideration or tntervtews of prospecttve candidates for employment, asstgnment, appotntment, promotion, performance, demotion, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appointees, or employees pursuant to Sectton 2 1- 344 (A) (19 To Wit Boards and Commtsstons Board of Zontng Appeals Communtty Service Board Francts Land House Board of Governors Minority Bustness Counctl Plannmg Commtsston Wetlands Board PUBLICLY-HELD PROPERTY Dtscusmon or conmderatton of the condttton, acqutsttton, or use of real property for pubhc purpose, or of the dtsposttton of pubhcly-held real property, for dtscusston tn an open meeting whtch wouM adversely affect the bargatnmg posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) To-Wtt Agricultural Reserve Program -Prtncess Anne Dtstrtct Acqutsttton/Dtsposttton of Property - Central Bustness Dtstrtct Rudee Loop LEGAL MATTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, where such consultatton or briefing tn open meetings would adversely affect the negottatmg or httgattng posttton of the pubhc body and consultation wtth legal counsel employed or retatned by a pubhc body regarding specific matters requmng the provision of legal advtce by such counsel pursuant to Section 2 1-344(A)(7) Contractual Negottatton- Central Busmess Dtstrtct Rudee Loop False Cape Lodge Upon motion by Vtce Mayor Sessoms, seconded by Councdman Hetschober, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 11-0 Councd Members Voting Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, HaroM Hetschober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr andA M "Don" Weeks Councd Members Votmg Nay None Councd Members Absent None December 14, 1999 - 16- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 14, 1999 2:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, Ctty Hall Butldtng, on Tuesday, December 14, 1999, at 2 O0 P M Council Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham 14; Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf,, Nancy K. Parker, Vtce Mayor Wtlltam D Sessoms, Jr and A M "Don" Weeks Counctl Members Absent None INVOCATION The Reverend Gretchen Nelson Beech Grove and Bethel Untted Methodtst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Oberndorf requested a "Moment of Stlence" on the death of former Councd Member John Grtffin. Vice Mayor Sessoms, being a Corporate Officer of Wachovla Bank, advised there were no matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, either tndtvtdually or tn his capacity as an officer of Wachovta Bank The Vice Mayor regularly makes this Dtsclosure as he may not know of the Bank's interest tn any appltcatton that may come before City Councd Vtce Mayor Sessoms' letter of January 4, 1999, ts hereby made apart of the record December 14, 1999 Item VI-E. -17- CER TIFICA TION OF CLOSED SESSION ITEM # 46059 Upon motion by Vtce Mayor Sessoms, second ed by Councilman Hetschober, City Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc busmess matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Session to which thts certtficatton resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motion convening the Closed Sesston were heard, dtscussed or constdered by Vtrgmta Beach City Councd Votmg' 11-0 Councd Members Vottng Aye Lmwood 0 Branch, III, Margaret L. Eure, Wdham W Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Councd Members Voting Nay None Councd Members Absent None December 14, 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 # 46058 Page 15, 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. ~u~ Hodges S<fi~ith, ~MC/AAE City Clerk December 14, 1999 Item VI-F. 1 - 18- MINUTES ITEM # 46O60 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Cl~y Council APPROVED the Minutes of the INFORMAL AND FORMAl, SESSIONS of December 7, 1999. Voting 10-0 Council Members Votmg Aye Lmwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, HaroM Hetschober, Barbara M Henley, Reba S McClanan, Mayor Meyera E. Oberndo~ Nancy K Parker, Vice Mayor Wtlltam D Sessoms, Jr. and A M "Don" Weeks Counctl Members Voting Nay. None Council Members Abstamtng Louts R Jones Counctl Members Absent: None Counctlman Jones ABSTAINED as he was not tn attendance during the City Councd Session of December 7, 1999 December 14, 1999 - 19- Item VIoG. 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 46061 BY CONSENSUS, Ctty Councd ADOPTED: AGENDA FOR THE FORMAL SESSION December 14, 1999 20- Item VI-H. 1. PUBLIC HEARING ITEM ii 46062 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCESS CITY PR OPER T Y 3.476 acres at 4564 Bonney Road (ROSE HALL - DISTRICT $) There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING December 14, 1999 -21 - Item VI-H. 2. PUBLIC HEARING ITEM # 46063 Mayor Oberndorf DECLARED A PUBLIC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION BA YCLIFF CIVIC LEA GUE, INC. BETH SHOLOM SANDS MAKE-A-WISH FOUNDATION OF EASTERN VIRGINIA, INC. There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING December 14, 1999 - 22 - Item VI-I ORDINANCES/RES OL UTIONS ITEM # 46064 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED IN ONE MOTION, Ordtnances 1, 3a (DEFERRED), 3b , 3c, 4, 5, 6, 8 and 9 of the CONSENTAGENDA. Item 3a shall be DEFERRED BY CONSENT, untd the Ctty Councd Sesston of January 4, 2000 l/ottng 11-0 Councd Members Vottng Aye Ltnwood 0 Branch, IIL Margaret L Eure, Ve~tlham }V Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor V?dham D Sessoms, ,Ir and A M "Don" Weeks Councd Members Vottng Nay None Councd Members Absent None Councdman Harrtson ABSTAINED on Item 18 (SPSA) as hts law firm provtdes legal servtces to Southeastern Pubhc Servtce Authortty (SPSA) December 14, 1999 Item VI-I. 1. - 23 - ORDINANCES/RES OL UTIONS ITEM # 46065 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED: Ordtnance to declare a 3 476 acre parcel at 4564 Bonney Road as EXCESS PROPERTY; and, authortze the Ctty Manager enter tnto an Option Agreement with LTD Management Company, Inc (ROSE HALL - DISTRICT 3 ) Votmg 11-0 (By ConsenO Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, .Ir, HaroM Hetschober, Barbara M Henley, Louts R. dones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms, dr and A. M "Don" Weeks Councd Members Votmg Nay' None Counctl Members Absent. None December 14, 1999 AN ORDINANCE DECLARING PROPERTY EXCESS AND AUTHORIZING THE SALE OF REAL PROPERTY LOCATED ON BONNEY ROAD (FORMER DAYS INN SITE). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the City of Virginia Beach is the owner of approximately 3 529 acres 8 ofland with improvements thereon (the"Property") located on Bonney Road (former Days Inn Site), 9 and 3. O WHEREAS, the Property is no longer needed for public purposes, and 11 WHEREAS, LTD Management, Company, Inc., a Virginia corporation ("LTD"), has expressed an interest in purchasing the Property; 13 WHEREAS, the City Council is of the opinion that the Property should be sold to :1.4 LTD in conformity with the Summary of Key Terms of Option Agreement attached hereto 15 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF :1. 6 VIRGINIA BEACH, VIRGINIA; 17 1. That approximately 3 529 acres of land with improvements thereon (the :1_ 8 "Property") located on Bonney Road (former Days Inn Site) is declared to be excess and no longer needed for public purposes 20 2 That the City Manager, or his designee, is hereby authorized to execute, on 2:1. behalf of the City of Vlrglma Beach in form and substance acceptable to the City Manager and the 2 2 City Attorney, an option agreement containing the key terms outlined in the attached Summary of 2 3 Key Terms of Option Agreement for the sale and conveyance of the Property to LTD Management 24 Company, Inc., a Virginia corporation, or its permitted assignee 25 3. That the City Manager, or his designee, 1s further authorized to execute on 2 6 behalf of the City all documents which are necessary to effectuate the conveyance of the Property 2 7 If the option is exercised 28 This Ordinance shall be effecnve from the date of its adoption 29 Adopted by the Council of the City of Vlrglma Beach, Virginia, on the 14 day of 30 December ,1999. 31 Note Pursuant to Article VII, Section 9, of the V~rg~ma Constitution and V C A 15 2-1800, a 32 recorded affirmative vote of three-fourths of all the members elected to Council ~s reqmred 33 34 35 CA-7555 F \Data~TY\Ordm\NONCODE\ca7555 ord wpd Date Prepared. December 6, 1999 36 APPROVED AS TO CONTENT 37 38 APPROVED AS TO LEGAL SUFFICIENCY 39 40 b~partme~i of Law 41 SUMMARY OF KEY TERMS OF OPTION AGREEMENT FOR SALE OF FORMER DAYS INN SITE ON BONNEY ROAD OPTIONEE/ PURCHASER: LTD MANAGEMENT COMPANY, INC., a Virginia corporation PROPERTY DESCRIPTION: 3.529± acres of land with improvements thereon (including f'ormer motel and parking structure) located on Bonney Road. SALES PRICE: $2,500,000 OPTION PERIOD: 120 days with two 30 day extensions. TIME FOR CLOSING: 30 days after exercise of option. DEVELOPMENT REQUIREMENTS: Architectural renderings of the proposed exterior sections of structures, including exterior materials and colors and plans required to obtain permits for exterior renovations and interior remodeling to be submitted to Director of Economic Development for approval Landscape buffer along southeastern property line to be installed at a cost of up to $25,000 Improvements/renovations as required by franchisor to cost approximately $3,500,000. Franchise to be Hilton Garden Inn, Comfort Inn and Suites, Marriott Residence Inn, Holiday Inn Suites or similar quality. F \Users\MGayle\WP\WORK\SUMM TR2 wpd Proposed Hampton Inn & Suites - Bonney Road Projected Revenues and C~ty Tax Collecbon for F~ve Years Year 1 Year 2 Year 3 Year 4 Year 5 Total Revenue $ 2,449,500 $ 2,580,900 $ 2,783,475 $ 2,819,063 C~ty Tax Collecbon Based on Projected Revenue $ 2,854,650 Lodging Tax(5 5%) $ Lodging Tax(S1 per room n~ght) Local Sales Tax(l%) Real Estate Tax Personal Property Tax Bus~ness L~cense Tax Year 1 Year 2 Year 3 Year 4 Year 5 Total Tax Collecbon 134,723 $ 141,950 $ 153,091$ 155,050 32,850 33,763 35,588 35,588 24,495 25,809 27,835 28,191 55,000 55,000 55,000 55,000 10,000 10,000 10,000 10,000 9,000 9,300 10,020 10,200 $ 266,068 $ 275,822 $ 291,534 $ 294,029 $ 157,001 35,588 28,547 55,000 10,000 10,300 $ 296,436 Esbmates provided by the developer, LTD Management CO, INC - 24 - Item VI-I. 2. ORDINANCES/RES OL UTIONS ITEM # 46066 Kathryn Byler-Clark, the apphcant, represented herself and partners (father, husband and brother) A motton was made by Councd Lady McClanan, seconded by Councdman He~schober to DENY an Or&nance to declare a 0 553 acre parcel of land at 522 South Independence Boulevard as EXCESS PROPERTY re Byler-Clark Partnership (ROSE HALL-DISTRICT 3) A SUBSTITUTE MOTION was made by Vtce Mayor Sessoms, seconded by Counctlman Harrtson to ADOPT, AS REVISED: Or&nance to declare a 0 553 acre parcel of land at 522 South Independence Boulevard as EXCESS PROPERTY re Byler-Clark Partnership (ROSE HALL- DISTRICT 3) Vottng 2-9 (MOTION LOST TO A NEGATIVE VOTE) Counctl Members Vottng Aye Wtlham W Harrtson, Jr and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay Ltnwood 0 Branch, III, Margaret L Eure, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, and A M "Don" Weeks Counctl Members Absent None December 14, 1999 - 25 - Item VI-I.2. ORDINANCES/RESOLUTIONS ITEM # 46066 (Continued) Upon motton by Counctl Lady McClanan, seconded by Counctlman Hetschober, Ctty Counctl DENIED: Ordtnance to declare a 0 553 acre parcel of land at 522 South Independence Boulevard as EXCESS PROPERTY re Byler-Clark Partnership (ROSE HALL- DISTRICT 3) Vottng 9-2 Counctl Members Vottng Ave Ltnwood 0 Branch, III, Margaret L Eure, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, and A M "Don" Weeks Counctl Members Vottng Nay Wtlham I,V Harrtson, Jr and I"tce Mayor Wtlham D Sessoms, ,Ir Counctl Members Absent None December 14, 1999 - 26- Item Vi-l.3. a. ORDINANCES~ESOL UTIONS ITEM # 46067 Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Cay Counctl DEFERRED UNTIL CITY COUNCIL SESSION OF JANUARY 4, 2000: BA YCLIFF CIVIC LEAGUE, INC. Vottng. 11-0 (By ConsenO Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W. Harrison, Jr, HaroM Hetschober, Barbara 3/I. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr andA M "Don" Weeks Council Members Voting Nay None Council Members Absent None December 14, 1999 Item VI-L$.b.c -27- ORDINANCES/RESOL UTIONS ITEM # 46068 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctly Counctl ADOPTED: Resolutmns to support legtslatton designating real and personal property owned by the following benevolent corporatwns as being exempt from state and local real and personal property taxation: BETH SHOLOM SANDS MAKE-A-WISH FOUNDATION OF EASTERN VIRGINIA, INC Voting 11-0 (By ConsenO Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D Sessoms, Jr and A. M "Don" Weeks Counctl Members Voting Nay None Council Members Absent None December 14, 1999 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY BETH SHOLOM SANDS AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 WHEREAS, Beth Sholom Sands owns personal property and ms expected to receive additional real and personal property located in the City of Virginia Beach subject to ad valorem taxation; WHEREAS, the property to be received by Beth Sholom Sands is currently tax exempt as property owned by Beth Sholom Housing Corporatmon; WHEREAS, Beth Sholom Sands has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance w~th Article X, § 6(a) (6) of the Constitution of Virginia to designate the real and personal property of Beth Sholom Sands as being exempt from state and local real and personal property taxation; WHEREAS, Beth Sholom Sands currently owns no real property, but expects to recezve real property in the City of Vmrginia Beach with an estimated value of $4,343,500.00 in tax year 1999-2000, and the taxes on this real property would be approximately $52,990.70 in tax year 1999-2000; WHEREAS, Beth Sholom Sands owns tangible personal property assessed at $2,800 in 1999, the taxes upon which are $103.60 zn 1999, but Beth Sholom Sands also expects to receive additional tangible personal property in the City of Virgznia Beach with an estimated value of $20,000.00 in 1999 and the taxes on th~s tangible personal property would be approximately $740.00 ~n 1999; WHEREAS, pursuant to § 30-19.04 (B) of the Code of Virginia, the Council of the City of Virginia Beach has properly advertmsed and conducted a public hearing prior to the adoption of this resolution, giving all citmzens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04(B) of the Code of V~rginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach ~s of the opinion that Beth Sholom Sands should be designated a benevolent organization within the context of § 6(a) (6) of Article X of the 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 Constitution of Virginia, so that real and personal property located in the City of Virginia Beach owned by Beth Sholom Sands and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legmslation desmgnating Beth Sholom Sands as a benevolent organization within the context of § 6(a) (6) of Artmcle X of the Constitutmon of Virginia and exempting from state and local property taxation real and personal property owned by Beth Sholom Sands that is located within the City of Vmrgmnia Beach and used exclusively for benevolent purposes on a nonprofmt basms. Adopted by the Council of the City of V~rglnla Beach, Virginia, on the 14th day of December , 1999. CA-7556 ORDIN~NONCODE[BETHSHOLOMSANDS.RES R-4 12-08-99 APPROVED AS TO LEGAL SUFFICIENCY: epartment oz A RESOLUTION SUPPORTING LEGISLATION THAT WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY MAKE-A-WISH FOUNDATION OF EASTERN VIRGINIA, INC., AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, Make-A-Wish Foundation of Eastern Virginia, Inc.,owns 8 property located in the City of Virginia Beach sublect to ad 9 valorem taxation; 10 WHEREAS, Make-A-Wish Foundation of Eastern Virginma, Inc., has 11 requested the Council of the City of Virginma Beach to adopt a 12 resolution in support of its request that the General Assembly act 13 in accordance with Article X, § 6(a) (6) of the Const_Ltutlon of 14 Virginia to desmgnate the real and personal property of Make-A-Wish 15 Foundation of Eastern Virginia, Inc., as being exempt from state 16 and local real and personal property taxation; 17 WHEREAS, Make-A-Wish Foundation of Eastern V~rginia, Inc., 18 owns no real property in the City of Virginma Beach, and thus no 19 real estate taxes have been assessed against the organization, or 20 pamd by it in tax year 1999-2000; 21 WHEREAS, Make-A-Wish Foundation of Eastern V~rginma, Inc., 22 owns tangmble personal property mn the C~ty of V~rginma Beach that 23 was assessed at $6,944.80 mn 1999, and the taxes bmlled on thms 24 tangzble personal property ~n 1999 are $256.96; 25 WHEREAS, pursuant to § 30-19.04 (B) of the Code of Virgmnia, 26 the Council of the City of Virginia Beach has properly advertised 27 and conducted a public hearing prior to the adoption of this 28 resolution, g~ving all citizens an opportunmty to be heard; 29 WHEREAS, the provismons of § 30-19.04(B) of the Code of 30 Virginia have been examined and considered by the Council of the 31 City of Virginia Beach; and 32 WHEREAS, the Council of the City of Virginia Beach is of the 33 opinion that Make-A-Wish Foundation of Eastern Virgmnia, Inc., 34 should be designated a charitable organmzatlon within the context 35 of § 6(a) (6) of Article X of the Constitution of Virgmn~a; that 36 real and personal property located in the City of Virgznia Beach 37 owned by Make-A-Wmsh Foundation of Eastern Virginia, Inc., and used 38 by it exclusively for charitable purposes on a nonprofit basis 39 should be exempt from state and local real and personal property 40 taxatmon; and that such an exemption should be effective January 41 1,1999. 42 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 1. That the Council of the City of Virgmnia Beach supports 45 the enactment of legislation designating Make-A-Wish Foundation of 46 Eastern Virginia, Inc., as a charitable organization within the 47 context of § 6(a)(6) of Article X of the Constmtution of Virgmnia 48 and exempting from state and local property taxation real and 49 personal property owned by Make-A-Wmsh Foundation of Eastern 50 Virginia, Inc., that ms located within the City of Vlrginma Beach 51 and used exclusively for charitable purposes on a nonprofmt basis. 52 2. That the Council of the City of Virginia Beach further 53 supports an effective date of January 1, 1999 for such legislation. 54 55 Adopted by the Council of the City of Virgznma Beach, Virginia, on the 14th day of December , 1999. 56 57 58 59 6O 61 62 63 64 CA-7504 ORDIN\NONCODE[MAKE-A-WISH.RES R-3 12-08-1999 APPROVED AS TO LEGAL SUFFICIENCY: Department of Law - 28 - Item VI-I.4. ORDINANCES/RES OL UTIONS ITEM # 46069 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED: Ordinance to AMEND andREORDAINsecttons of the Ctty Code, Chapter 18, re business licenses: 18-2 8-5 18-8 18-102 18 15 18 18 18.20 re definitions re general requirements re levy and purpose of taxes re exclusions and deductions from "gross receipts" re dates for application and payment re proration of tax re assessment of tax and issuance of license generally Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent None December 14, 1999 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 18 OF THE CITY CODE PERTAINING TO BUSINESS LICENSES BY DELETING OUTDATED LANGUAGE, INCORPORATING STATE LAW, AND INCREASING THE PENALTY FOR OPERATING A BUSINESS WITHOUT A LICENSE. SECTIONS AMENDED: 18-2, 18-5, 18-8, 18-10.2, 18-15, 18-18 and 18-20 10 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 13 That Chapter 18 of the City Code is hereby amended and 14 reordained to read as follows: 15 Sec. 18-2. Definitions. 16 Except where the context clearly indicates a different meaning 17 or there is an express provision to the contrary, the following 18 words and phrases, when used in this chapter, shall have the 19 following respective meanings: 2O Affiliated group: 21 (1) One or more chains of includable corporations connected 22 through stock ownership with a common parent corporation 23 which is an includable corporation if: 24 a. Stock possessing at least eighty (80) percent of 25 the voting power of all classes of stock and at 26 least eighty (80) percent of each class of the 27 nonvoting stock of each of the includable 28 corporations, except the common parent corporation, 29 is owned directly by one or more of the other 3O includable corporations; and 31 b. The common parent corporation directly owns stock 32 possessing at least eighty (80) percent of the 33 voting power of all classes of stock and at least 34 eighty (80) percent of each class of the nonvoting 35 stock of at least one of the other includable 36 corporations. 37 As used in this definition, the term "stock" does not 38 include nonvoting stock which is limited and preferred as 39 to dividends. The term "includable corporation" means any 4O corporation within the affiliated group mrrespectmve of 41 the state or country of its mncorporation; and the term 42 "receipts" includes gross recempts and gross income. 43 (2) Two (2) or more corporations mf five (5) or fewer persons 44 who are indmviduals, estates or trusts own stock 45 possessing: 46 a. At least eighty (80) percent of the total combmned 47 voting power of all classes of stock entitled to 48 vote or at least emghty (80) percent of the total 49 value of shares of all classes of the stock of each 5O corporation; and 51 b. More than fifty (50) percent of the total combined 52 voting power of all classes of stock entitled to 53 vote or more than fifty (50) percent of the total 54 value of shares of all classes of stock of each 55 corporation, taking mnto account the stock 56 ownership of each such person only to the extent 57 such stock ownership is identical with respect to 58 each such corporation. 59 When one or more of the zncludable corporations, 6O including the common parent corporation, is a nonstock 61 corporation, the term "stock" as used mn this definition 62 shall refer to the nonstock corporation membershmp or 63 membership voting rights, as zs appropriate to the 64 context. 65 Assessment: A determmnation as to the proper rate of tax, the 66 measure to which the tax rate zs applied, and ultimately the amount 67 of tax, including additmonal or omitted tax, that is due. An 68 assessment shall include a written assessment made pursuant to 69 notice by the assessing official or a self-assessment made by a 70 taxpayer upon the filing of a return or otherwmse not pursuant to 71 notice. Assessments shall be deemed made by an assessmng offmclal 72 when a written notice of assessment is delivered to the taxpayer by 73 the assessing offmcial or an employee of the assessing officzal, or 74 mailed to the taxpayer at his last known address. Self-assessments 75 shall be deemed made when a return is filed, or ~f no return ~s 76 required, when the tax ~s paid. A return filed or tax pamd before 77 the last day prescribed by thms chapter or any other provision of 78 law for the filing or payment thereof shall be deemed to be fzled 79 or paid on the last day specified for the filing of a return or the 80 payment of tax, as the case may be. 81 Assessor: The commisszoner of the revenue of the Czty of 82 Virginia Beach. 83 Base year: The calendar year preceding the license year, 84 except for contractors subject to the provisions of § 58.1-3715 of 85 the Code of Virginia, as amended. 86 Business: A course of dealing which requires the tmme, 87 attentmon and labor of the person so engaged for the purpose of 88 earnmng a lmvelihood or profit. It implies a continuous and regular 89 course of dealing, rather than an irregular or isolated 90 transactmon. A person may be engaged mn more than one buszness. The 91 followmng acts shall create a rebuttable presumptIon that a person 92 is engaged in a business: (i) advertzsing or otherwise holding 93 oneself out to the public as being engaged in a particular 94 business; or (ii) filing tax returns, schedules and documents that 95 are required only of persons engaged zna trade or business. 96 Definite place of business: An office or a location at which 97 occurs a regular and continuous course of dealing for thirty (30) 98 consecutive days or more. A definite place of business for a person 99 engaged in business may include a location leased or otherwmse 100 obtained from another person on a temporary or seasonal basms; ~t 101 may also include real property leased to another. A person's 102 residence shall be deemed to be a definite place of business if 103 there is no definite place of business maintained elsewhere and the 104 person is not licensable as a peddler or itinerant merchant. 105 Financial services: The buyzng, sellzng, handling, managing, 106 investing, and providing of advice regarding money, credit, 107 securities, or other investments. 108 Gross receipts: The whole, entzre, total receipts without 109 deduction. 110 111 112 113 1997: The calendar year for whmch a license is issued for the 114 privilege of engaging in business. 115 Professional services: Services performed by architects, 116 attorneys-at-law, certified public accountants, dentmsts, 117 engineers, land surveyors, surgeons, veterinarians, and 118 practitioners of the healing arts (the arts and sciences dealing 119 with the prevention, diagnoszs, treatment and cure or allevzation 120 of human physical or mental ailments, conditions, dzseases, pamn or 121 infirmities) and such occupations, and no others, as the Department 122 of Taxation may list in the BPOL guidelines promulgated pursuant to 123 § 58.1-3701 of the Code of Virginia. The word "profession" mmplles 124 attainments in professional knowledge as dlstlngumshed from mere 125 skill, and the application of knowledge to uses for others rather 126 than for personal profit. 127 Purchases: Ail goods, wares and merchandise received for sale 128 at each defmnite place of business of a wholesale merchant. The 129 term shall also include the cost of manufacture of all goods, wares 130 and merchandise manufactured by any wholesale merchant and sold or 131 offered for sale. A wholesale merchant may elect to report the 132 gross receipts from the sale of manufactured goods, wares and 133 merchandise if it cannot determine the cost of manufacture or 134 chooses not to disclose the cost of manufacture. 135 Real estate services: Providing a service wroth respect to the 136 purchase, sale, lease, rental or appraisal of real property. 137 Sec. 18-5. General requirements. 138 (a) Every person who, in the City of Vzrginma Beach, engages 139 in any business, trade, professmon, occupation or calling 140 (collectively heremnafter a "business" ) , as defmned in this 141 chapter, unless otherwise exempted by law, shall apply for a 142 license for each such business if (i) the person has a definite 143 place of busmness mn the Cmty of Virginia Beach; (im) there ms no 144 definite place of business anywhere and the person resides in the 145 Cmty of Virginia Beach; or (iim) there is no definite place of 146 business in this ]urisdiction but the person operates amusement 147 machznes or is classified as an itmnerant merchant, peddler, 148 carnmval, circus, contractor sub]ect to § 58.1-3715 of the Code of 149 Virginma, or a publzc service corporation. A separate lmcense shall 150 be required for each definite place of business and for each 151 business. A person engaged in two (2) or more businesses or 152 professions carried on at the same place of business may elect to 153 obtain one license for all such businesses and professions if all 154 of the following criteria are satisfied: (i) each business or 155 profession is licensable at the locatmon and has satzsfied any 156 requirements imposed by state law or other proviszons of the 157 ordinances of the City of Virginia Beach; (ii) all of the 158 businesses or professions are subject to the same tax rate, or, if 159 subject to different tax rates, the l~censee agrees to be taxed on 160 all businesses and professions at the highest rate; and (iii) the 161 taxpayer agrees to supply such information as the commissioner of 162 the revenue may require concerning the nature of the several 163 businesses and their gross receipts. 164 (b) It shall be unlawful for any person to engage in or 165 conduct a business, occupation or profession or do any other thing 166 for which a license tax is required under this chapter, without 167 first obtaining the requmsite license and any tag, sign or other 168 evidence thereof required by this chapter. 169 (c) T~. .... ~^ ' ....... ~^~ A violation of this section 170 shall constitute a Class 2 misdemeanor p ........ b~ by ............ 171 ~ tm~ ~ ~ $i,000 O0 ~ ~ ~m dal ~f default ......... ~50.00 .... more tn~ ....... . ~ ~ 172 o~m~l .... ..... ~t~''~ .... ........ ~~_~c~~f_~~. Any person convzcted of a 173 second violation of this section within less than f~ve (5) years of 174 a previous conviction for a violation of this section shall be 175 quilty of a Class 1 misdemeanor. Conviction of such vmolatmon shall 176 not relmeve any person from the payment of any license tax imposed 177 by this chapter. 178 Sec. 18-8. Levy and purposes of taxes. 179 (a) Effective immcdzatcly and ,,~+il Dcccmbcr 31,~'~ 180 181 182 183 184 185 Virg' 186 187 188 (b) (D~~^~ .... ~ cffcct~"^ ~^) Effective January 1, 1997, for 189 each year, beginnmng with the first day of January and ending wzth 190 the thirty-first day of December following, there are hereby 191 ~mposed and levied, and there shall be collected, the annual 192 license taxes and fees set forth in thms chapter, on persons 193 conducting or engaged in businesses, occupatmons or professional 194 employments in the City of Virgmnia Beach, which liccnsc taxcs 195 shall be for the purpose of prov~dzng funds for the operatmon of 196 the city government, the payment of the c~ty debt and for other 197 munzcipal purposes. 198 Sec. 18-10.2 Exclusions and deductions from "gross receipts." 199 (a) Genera/ rule. Gross receipts for license tax purposes 200 shall only include amounts derived from the exercise of the 201 lzcensed privilege to engage zn a bus~ness or profession ~n the 202 ordinary course of business or profession. 203 204 .... ~"~^~ ~ .............. ~- Exclusions and deductions from qross 205 receipts shall be qoverned by the prov~smons of § 58.1-3732 of the 206 Code of Virqinia, which is hereby incorporated by reference, alonq 207 with any future amendments thereto. 2O8 209 ~ .......... ~m of Virginia or any ~ "-~--, ezty -o~ or town for '~-. %.,~ L L L L L L~ .L .L VV %-. ,~..,4, .L %.,..L .L 210 ~m~ '~.4~.4 ..... ~.4~ sal .... tax f~ any local 211 ~-~ .... .4~ ~ ...... igarctt ~ for any .................. es, ~ 212 213 214 215 is attributablc to a e ...... ~.4~ prcvicusly ~ .... 216 ( 3 ) ~ ......... ,.- ,-.. .... ,,.- ....... ,4 ~'-' by ,&~.,,L ,,L,.,~.........rcprc .... t lng - i ~ ....................... grantcd 217 218 .... ~ ....... of a loan ........ t~on mn 219 220 221 222 223 asset. 224 (6) ~^m~s and discounts ~- ~ ' · .~~ .... O** Or rccclvcd on account 225 226 ..... ed to induce the ~cipi~nt to purchas~ certain ~m~ 227 228 229 considcratmcn of ~ .... salc of goods 230 bc conszdc=~d a ..... c or dzscount to ..... cc .1. '*,_. ~,_** i .L ~.P I 231 232 ~~ .... .4 ' ~ ~~ to the ~ ...... ~th any 233 .4 .... ....... tiro. 235 236 ...................... ~, whcther or not a gain v~ 1~v~ is 237 238 ( ) ly ~ ~ ' ~" 8 ~ ..... ~-~ ~ ....... ~ ~~t ~lated tv thc pr;~icge 239 240 241 to intcrcst on bank "-~ .... acco ..... of the buszne~, an5 tv 242 243 invcst~t ~ ~ ...... ~"~ ~ ..... ~ ' and ~~ typc ......................... sc .... tics 244 245 246 247 249 Sec. 18-15. Dates for application and payment. 250 (a) 251 252 253 254 255 ........ ~ ......... j~t to a iz ...... t~~**~- ii 256 257 258 259 260 ~ ~ffcct~vc .... ua~ t, 1997, 261 eEach_ person ~""'"~'~"""-'~-,..,_.,., requzred to obtain a lzcense 262 tax ~ ..... ~ .... ~ .... by this chapter shall apply for e such 291 Sec. 18-18. Proration of tax. 292 293 294 pc=o~.. ......... =~.=~=~^~ ~ ...... ~ ............ *~ ...... tax ' ~^~u**=~= the proviszons of ~"~ 295 296 gros ~**~o~o, gross 297 298 299 3OO 301 302 ~ ~¢tcr the first day of July 303 tax 304 305 306 307 ~ .... '~ ..... ~^~ ~ ~ ........ =~=~¢ .... ~** of the l~ccnsc tax ~ f of i year .... 308 309 310 or whore ~..~ ....... ~..~..~ ~f ~..~ license tax is fixed for any~=~'~ ~=~ +~..~ 312 or lass. 313 --(-b--)-(a) date cf~ .... ~ ........ .............. z i, IP~,,~-In_ 314 the event any person required to pey obtain a lmcense tax under the 315 provisions of this chapter, the tax for which tax is not measured 316 by gross receipts, gross sales, gross purchases, gross commzssions, 317 gross contracts or orders or graduated in any other way, shall 318 begmn any business, occupation or employment after the first day of 319 January of the license year, the l~cense tax shall be prorated as 11 320 follows: If such business, occupation or employment is begun on or 321 before March 31 of the license year, the full lzcense tax shall be 322 paid; if begun after March 31 and on or before June 30 of the 323 license year, three-fourths of the license tax shall be paid; ~f 324 begun after June 30 and on or before September 30 of the license 325 year, one-half of the license tax shall be pa~d; and ~f begun after 326 September 30 of the license year, one-fourth of the lzcense tax 327 shall be paid; provided, however, that no such lmcense tax shall be 328 subject to such proration where proration is expressly prohibited 329 or where the amount of the lzcense tax zs fzxed for any part of the 330 license year or where the license tax or fee for the whole year 331 fifty dollars ($50.00) or less. 332 ~ (b) Regardless of the basis or method of measurement or 333 computation, in the event a person ceases to engage in a business 334 within the city during a year for which a lmcense tax based on 335 gross receipts on a business, trade, profession, occupatmon or 336 calling has already been paid, the taxpayer shall be entitled upon 337 application to the commissioner of the revenue to a refund for that 338 portion of the license tax already paid, prorated on a monthly 339 basis so as to ensure that the license privilege is taxed only for 340 that fraction of the year during which it is exerczsed within the 341 city. In no event shall the czty refund any part of a fiat fee or 342 minimum flat tax. 343 . . . 344 Sec. 18-20. Assessment of tax and issuance of license generally. 345 (a) The commissioner of the revenue shall assess each 346 applicant for a license or other person whom a license is required 347 under thms chapter with a l~cense tax required by this chapter and 348 shall issue a license, signed by him, to such applmcant or other 12 349 person to prosecute the business, employment, profession or thing 350 to be done therein named. 351 (b) Notwithstanding the provision of subsection (a), no such 352 license shall be issued until such applicant has produced 353 satisfactory evidence that all delznquent business license, 354 business personal property, meals, transient occupancy and 355 admissions taxes owed by the business to the cmty have been pamd 356 which have been properly assessed against the applmcant by the 357 358 359 Adopted by the City Council of the Cmty of Virginia Beach, Virginia, on thms 14th day of December, 1999. CA-7334 DATA/ODIN/PROPOSED/CHAPTER18. OR R9 December 6,1999 13 - 29 - Item VI-I. 5. ORDINANCES/RESOL UTIONS ITEM # 46070 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED: Ordinance to ACCEPT and APPR OPRIA TE $ 74 7, 283 State funds to the FY 1999-2000 Operating Budget of the Commumty Servwes Board (CSB) re services and equipment Votmg 11-0 (By ConsenO Counctl Members Voting Aye Lmwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanar~ Mayor Meyera E Oberndo~, Nancy K Parker, Vtce Mayor Wtlham D. Sessoms, Jr and A M "Don" Weeks Counctl Members Voting Nay None Council Members Absent None December 14, 1999 AN ORDINANCE ACCEPTING AND APPROPRIATING $747,283 OF STATE FUNDS TO THE FY 1999-00 OPERATING BUDGET OF THE COMMUNITY SERVICES BOARD TO FUND ADDITIONAL SERVICES AND EQUIPMENT WHEREAS, the Community Services Board ("CSB") has 8 recemved $747,283 from the Commonwealth of Virginma to enhance 9 various services provided to CSB clients, 10 WHEREAS, the CSB requests that the Cmty Counczl accept 11 and appropriate the additional funding to the CSB's FY 1999-00 12 Operating Budget in the amounts specified for the followmng 13 purposes: 14 (a) $115,982 for 1,707 psychiatrist hours for Mental 15 Health clients; 16 (b) $171,000 for six replacement vans and one new van 17 for Mental Retardation ("MR") clients; 18 (c) $55,372 for additional contracted manpower for MR 19 transportation and administrative services; 2O (d) $4,100 for MR psychiatric evaluations; 21 (e) $14,300 for the Respite center after school support 22 program; 23 (f) $169,844 for Skillquest facility renovation/upgrade 24 costs; 25 (g) $15,063 for one new Behavior Specialist I position; 26 (h) $14,293 for one new Account Clerk III positmon; 27 (i) $76,932 for contracted manpower to provide emergency 28 nursing services; 29 (j) $58,000 for two new vehicles for new medicaid waiver 30 clients in the Skillquest program; and 31 (k) $52,397 in funding for private providers to use for 32 environmental modifications at group homes serving CSB clients 33 and/or for other necessary expenditures for new consumers; and 34 WHEREAS, an additional 2.0 full-time equivalent positions 35 must be created to provmde the additional services made possmble by 36 this additional revenue. 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 1. That $747,283 is hereby accepted from the 40 Commonwealth of Virginia and appropriated to the FY 1999-00 41 Operating Budget of the Community Services Board in the amounts 42 specifzed and for the purposes as set forth below: 43 (a) $115,982 for 1,707 psychlatrmst hours for MH 44 clients; 45 (b) $171,000 for six replacement vans and one new van 46 for MR clients; 47 (c) $55,372 for additional contracted manpower for MR 48 transportation and administrative services; 49 (d) $4,100 for MR psychiatric evaluations; 5O (e) $14,300 for the Respite center after school support 51 program; 52 (f) $169,844 for Skillquest facility renovatmon/upgrade 53 costs; 54 (g) $15,063 for one new Behavior Specialist I poslt~on; 55 (h) $14,293 for one new Account Clerk III position; 56 (i) $76,932 for contracted manpower to provide emergency 57 nursing services; 58 (j) $58,000 for two new vehicles for new medicaid waiver 59 clients in the Skillquest program; and 60 (k) $52,397 in funding for przvate providers to use for 61 environmental modifications at group homes serving CSB clments 62 and/or for other necessary expenditures for new consumers. 63 2. That funding for the services and programs described 64 in this ordinance is contingent upon continued state fundmng, and 65 if this funding is reduced or eliminated, then the programs or 66 services, as well as the positmons established to provzde the 67 programs or services, may be reduced accordingly. 68 3. That estimated revenue ~n the CSB's 1999-00 Operating 69 Budget is hereby adjusted to reflect $747,283 in additional revenue 70 from the Commonwealth of Virginia. 71 72 Adopted by the Council of the Cmty of Virginia Beach, Virgmnia, on the 14th day of December, 1999. 73 74 Requires an affirmative vote by a majority of members of City Council. 75 76 77 78 CA7545 DATA/ORDIN/NONCODE/CSB$747,283. ord R3 DECEMBER 4, 1999 79 80 81 82 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF I C I ENCY Item VI-I. 6. - 30- ORDINANCES/RESOL UTIONS ITEM # 460 71 Upon mo.on by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Councd ADOPTED: Ordtnance to TRANSFER $39,000 wtthtn the Police Department's FY 1999-2000 Operating Budget re replacement scales for their Motor Carrier Safety Unit Votmg' 11-0 (By ConsenO Counctl Members Vottng Aye Llnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, .Ir, Harold Hetschober, Barbara M Henley, Louts R .Iones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, dr andA 34. "Don" Weeks Counctl Members Votmg Nay' None Counctl Members Absent None December 14, 1999 AN ORDINANCE TO TRANSFER $39,000 WITHIN THE POLICE DEPARTMENT'S FY 1999-00 OPERATING BUDGET FOR THE PURPOSE OF PURCHASING REPLACEMENT SCALES FOR THE MOTOR CARRIER SAFETY UNIT WHEREAS, the scales used by the Police Department's Motor 8 Carrmer Safety Unit to enforce weight lmmltatlons on commercmal 9 motor vehicles need to be replaced for the Unzt to continue 10 enforcement of weight restrictmons; 11 WHEREAS, revenue collected from the use of the scales to 12 enforce weight restrictzons ms suffmcment to cover the amortized 13 cost of the scales as well as all other costs assocmated wmth the 14 operation of the Unit; and 15 WHEREAS, funds are available from salary vacancies w~thin the 16 Police Department's FY 1999-00 Operating Budget to allow for the 17 purchase of twelve (12) replacement scales 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, 2O That $39,000 is hereby transferred within the Polzce 21 Department's FY 1999-00 Operating Budget for the purpose of 22 purchasmng replacement scales for the Motor Carrier Safety Unit. 23 24 Adopted by the Councml of the City of Vlrgmnia Beach, Virginia, on the 14th of D~c~mh~r , 1999. 25 26 27 28 CA7554 ATY/ORDIN/NONCODE/MOTORCARRIER. ORD R-3 DECEMBER 3, 1999 29 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 31 Management Servlces~ ~ - 31 - Item VI-L ?. ORDINANCES/RES OL UTIONS ITEM # 460 72 The followtng regtstered tn SUPPORT: Louts Haddad, CEO - Armada Hoffler Hol&ng Company for Introductton and Overvtew Presentatton of the Central Bustness Dtstrtct ProJect Burl Saunders, Archttect- CMSS, Central Bustness Dtstrtct ProJect Gerald Dtvarts, Dtvarts Real Estate, Partners wtth Armada Hoffler relattve the CBD Prqlect Sanford Cohen, 2424 Cape Arbor Drtve, Phone 496-8616, Prestdent- Central Bustness Dtstrtct Brtan Wtnfield, 1348 Harrts Road, Phone 486-4934 The followtng regtstered tn OPPOSITION: Carolyn Ltncoln, 12 Sutheby Court, Phone 486-4934, represented Counctl of Ctvtc Orgamzattons, and requested ttme for educatton of the ctttzens relative the Vtston Robert Dean, 1204 Shawn Drtve, Phone 426-6606, Prestdent of the Citizens Actton Coahtton, spoke as a ctttzen andpresented a hst ofquesttons to Ctty Counctl Mtke Arsuaga, 1704 Woodchff Ctrcle, Phone 721-7841 Upon motton by Counctlman Jones, seconded by Counctl Lady McClanan, Ctty Counctl ADOPTED, AS REVISED: Resolutton to authortze the development of project documents tn conjunctton with the Ctty of Vtrgtnta Beach Development Authority re a Central Bustness Dtstrtct (CBD) ProJect known as "The Town Center of Virginia Beach" Vottng 9-1 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay A M "Don" Weeks Council Members Abstatmng Wtlham W Harrtson, Jr Counctl Members Absent None Counctlman Harrtson ABSTAINED as hts law firm provtdes legal servtces to Armada Hoffler December 14, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION APPROVING A NON-BINDING MEMORANDUM OF UNDERSTANDING, RECOMMENDING THE APPROVAL AND EXECUTION BY THE CITY OF VIRG1NIA BEACH DEVELOPMENT AUTHORITY OF A NON-BINDING MEMORANDUM OF UNDERSTANDING AND AUTHORIZING THE DEVELOPMENT OF PROJECT DOCUMENTS IN CONJUNCTION WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR A CENTRAL BUSINESS DISTRICT PROJECT KNOWN AS "THE TOWN CENTER OF VIRG1NIA BEACH" 14 15 WHEREAS, the purpose of the B-3 Central Bus~ness D~stnct is to set apart that port~on of the C~ty of Vlrgima Beach (the "City") which forms the metropohtan center for financial, 16 commercial, professional and cultural activities, including bus~ness, professional and cultural 17 development in a manner that complements the B-3A Pembroke Central Business Core District and 18 the policies ~dent~fied ~n the City's Comprehensive Plan; 19 WHEREAS, the purpose of the B-3A Pembroke Central Business Core D~stnct ~s to 2 0 optimize development potential for a mixed-use, pedestrian-oriented, urban activity center with m~d- 2 1 to high-rise structures that contain numerous types of uses, including bus~ness, retml, residential, 2 2 cultural, educational and other pubhc and private use, 23 WHEREAS, the B-3A d~stnct ~s intended to comprise pubhcly accessible commumty 24 open space areas, generally reflective of the concepts identified in the C~ty's Comprehensive Plan 25 and the Pembroke Central Business District Master Plan 26 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 99- 2 7 2567B establishing the Central Business D~stnct-South Tax Increment Financing Fund ( the "TIF 28 Fund"); 29 WHEREAS, on behalf of the City and the C~ty of Vlrgima Beach Development 30 Authority (the "Authority"), the City Manager and City staff have been involved recently ~n 31 negotiations w~th representatives of Armada/Hoffier Development Company, L.L.C., and ~ts 3 2 affihates (collectively, the "Developer"), regarding the development of a Central Bus~ness D~stnct 33 Project known as "The Town Center of Vlrglma Beach" (the "Project"); 34 WHEREAS, the ProJect would be an ~nvestment partnership between the Authority 35 and the Developer for a m~xed use commercial development utfl~mng the structure of an economic 3 6 development park in the Central Business District with the first phase of the Project to serve as the 3 7 catalyst for the development of such a park by the Authority; 38 WHEREAS, a non-binding Memorandum of Understanding dated December 9, 1999, 3 9 has been developed for the Project which outlines the Project and the proposed responsibilities of 4 0 the City, the Authority and the Developer, a complete copy of which is on file with the City Clerk 41 (the "MOU"), 42 WHEREAS, the obligations of the Authority outlined in the MOU would be 43 supported by a support agreement between the City and the Authority (the "Support Agreement") 44 with the traditional public infrastructure costs of the ProJect to be funded through the City's CIP and 4 5 other obligations of the Authority structured to be paid, subject to annual appropriation, by the 4 6 available revenue from the TIF Fund and a special tax district to be established, 47 WHEREAS, the City Council finds that the proposed Project will stimulate the City's 4 8 economy, increase public revenues, enhance public amenities and further the City's development 4 9 objectives for the Central Business D~stnct; and 5O WHEREAS, the City Council desires that the Authority approve and execute the 5:1_ MOU and pursue the development of Project Documents to be negotiated in substantial conformity 52 to the terms outlined in the MOU. 53 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 54 VIRGINIA BEACH, VIRGINIA, 55 1. The City Council approves the non-binding Memorandum of Understanding 56 dated December 9, 1999, a complete copy of which is on file with the City Clerk (the "MOU"), which outlines an investment partnership between the City of Virginia Beach Development 58 Authority (the "Authority") and Armada/Hoffier Development Company, L L.C., and/or its affiliates 5 9 (the "Developer"), for the development of a mixed-use commercial development project In the 60 Central Business District utilizing the structure of an economic development park (the "Project"), and the proposed responsibilities of the City, the Authority and the Developer. 62 2. The City Council recommends that the Authority adopt a Resolution 63 approving the MOU, authorizing its execution and authorizing the City Manager and the City 64 Attorney, on behalf of the Authority, to proceed with the development of project documents ("Project Documents") necessary and appropriate for the Project, with the Project Documents to be 6 6 in substantial conformity to the terms outlined ~n the MOU. 67 3. On behalf of the City of Virginia Beach, the City Manager and the City 6 8 Attomey are hereby authorized and directed to proceed with the development of Project Documents 6 9 necessary and appropriate for the ProJect, including a support agreement between the City and the ? 0 Authority supporting the Authonty's obligations outlined in the MOU (the "Support Agreement"), ? 1 with the Project Documents to be in substantial conformity to the terms outlined in the MOU. 72 4 The City Manager is directed to return the final Project Documents for 73 approval of the Project by the City Council and the Authority and for authorization to execute the 74 Support Agreement so that the Authority can then proceed w~th the Project. 75 Adopted by the Council of the City of Virginia Beach, V~rgima, on the 14th day of 7 6 December, 1999. 77 78 79 80 81 CA7558.res I' \DataXATY\O~dm\NONCODE\ca7558 ~es2 wpd Date Prepared December 10, 1999 APPROVED AS TO CONTENT' Finance Department 82 APPROVED AS TO LEGAL SUFFICIENCY. 83 84 85 City Attorney - 32- Item VI-I. 8 ORDINANCES/RES OL UTIONS ITEM # 460 73 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Resolutton to request the General Assembly and Governor of the Commonwealth of Vtrgtnta adopt and approve proposed legislation re extendtng the extstence of the Southeastern Pubhc Servtce Authortty (SPSA) and wtthdrawal of tts member locahttes Vottng 10-0 (By Consent) Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Abstatntng Wtlham W Harrtson, Jr Counctlman Harrtson ABSTAINED as hts law firm provtdes legal servtces to the Southeastern Pubhc Servtce Authority December 14, 1999 A RESOLUTION REQUESTING THE GENERAL ASSEMBLY AND GOVERNOR OF THE COMMONWEALTH OF VIRGINIA TO ADOPT AND APPROVE PROPOSED LEGISLATION PROVIDING FOR THE EXTENSION OF THE EXISTENCE OF THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY AND FOR THE WITHDRAWAL OF ITS MEMBER LOCALITIES WHEREAS, the City of Virginia Beach is a member of the 10 Southeastern Publmc Service Authority of Virginia ("SPSA"), an 11 auhhormty created pursuant to the Virginma Water and Waste 12 Authorities Act (the "Act") , and 13 WHEREAS, Section 15.2-5114 of the Code of Virginia 14 provides that an authority created under the Act shall exmst for a 15 term of fifty (50) years from its creatmon, sublect to further 16 extensions by unanmmous action of its member localmtmes; and 17 WHEREAS, SPSA was created under the Act on January 24, 18 1973, and its statutory life will expire on January 23, 2023; and 19 WHEREAS, it is prudent and necessary for SPSA to now 20 undertake such planning and other measures as may be required to 21 enable SPSA to continue to provide services mn the future to those 22 of its member localities, and their citizens, who may desire to 23 receive such services from SPSA beyond the terms of SPSA's exmsting 24 agreements with its member localitmes for services, and beyond the 25 expiration of SPSA's statutory life under the Act; and 26 WHEREAS, SPSA is unable to properly plan for the 27 provision of those future services, or to economically finance the 28 costs of providing those future services and the costs of providmng 29 the services which mt is already committed to provide, without the 30 elimination of the limit upon its statutory lmfe that now exists 31 under the Act; and 32 WHEREAS, Section 15.2-5112 of the Code of V~rgmnma 33 further provides that a member of an authority created under the 34 Act may not withdraw from that authority if the authority has 35 outstanding bonds unless (i) those bonds have been paid or advance 36 refunded in full, or (ii) the holders of those bonds unanimously 37 agree to the locality's withdrawal, and neither (1) or (ii) is 38 practicable for an authority's continued effzcient management of 39 its debts and obligations; and 4O WHEREAS, Section 15.2-5112 would in practice prevent a 41 member of SPSA from withdrawing from the authority as long as SPSA 42 has outstanding bonds, even if that locality has no outstanding 43 contractual obligation for the use of SPSA's services or any 44 obligation, contractual or otherwise, for the repayment of that 45 outstanding debt; and 46 WHEREAS, the City of Virginia Beach believes it is 47 important to SPSA and its members to support the amendment of 48 certain provisions of the Act to eliminate the limitations and 49 restrictions described above ~n order to ensure the efficient and 50 economical operation of the authority for continued servmce to ~ts 51 members and the public, mncluding such continued service to the 52 City as it may independently determine to contract for or receive 53 in the future. 54 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 55 OF VIRGINIA BEACH, VIRGINIA: 56 That the City of Virginia Beach: 57 1. Approves and endorses legislation which would amend 58 the Code of Virginia in certain respects in the form attached to 59 this Resolution; 6O 2. Urges approval of the proposed legislation by the 61 members of the V~rginia General Assembly representing the citizens 62 of thms locality; and 63 3. Requests that the General Assembly and the Governor 64 of the Commonwealth of Virginia adopt and approve the proposed 65 legislation in the form attached hereto. 66 Adopted by the Council of the City of Virginia 67 Beach, Virginia, on the 14th day of December , 1999. 68 CA-7557 69 WMM/ORDRES/SPSA.res 70 RI 71 December 7, 1999 72 APPROVED AS TO CONTENT: 73 74 Public Wor e Management 75 76 77 78 79 APPROVED AS TO LEGAL SUFFICIENCY: Law Department SPECIA_L LEGISLATION FOR SPSA WHE~S, the cities of Chelae, ixanklin, 1%ffolk, Vommouth, S~ ~ V~ B~ ~d ~ ~fies oflsk of Wi~t ~ Sou~pwn ~ve ~~f~e ~d ~e 2e V~ ~a~r ~ Wg A~ofiges ~ C~~ 51, Ti~ 15.2, ~ of~u~% 1950 ~~~ (~ "A~3 for ~ ~~ of ~~g ~ ~e ~si~ ~~ ~~~o~ op~~ ~d ~~c~ of a ~~0 ~ ~ ~~on ~ ~o~ ~m. WI~REAS, section 15~2-5112 oftbc Code of¥irginia, 1950, as ~ provides *~t no locality mey withdraw fi~om any authority, cteat~ pursuant to the Aat, tha: has OtlLstanding bonds without thc Ullaldmnt~ COIl~t Of lgJ of the holders of such bonds unless all such bonds have bccn pa/d or cashcd or United S~mea Sovemmcnt obligations have been deposited for their WHEREAS, seotion 15.2-5114 of the Code of Yk~nia, 1950, as s,v,e,,,~; p~ that authorizes created pursuaut ~o the Act umy exist fo~ a tmriod of 50 years; ami WI-~-~A$, the localities comprising the membership of the Authority for operational, financial aud suategic planning purlx~scs desire to extend the life of the Authority indefinitely and allow for the withdrawal of members mi any fi'ne, ~dthout r~gard to any ~ding bonds issued by the Authorivy. Be it ~ bl/the C.~*neral Azsembly of¥tr~inia: § 1. The $outheasm~ Public Service Authority of Virginia formed by lhe cities of Che. sa~, Fr~n{din: Norfolk, Po~mouth, Suffolk and Virg/uia Beach and the counties of Islc of Wight and So_mh~mpmn pt~uaut u~ thc Virgin/a Water and War, c Authorities Act, Chapter 51, Tide 15.2, Code of Virgin/a, 1950, as amcudod, shall have perpe~ succcssion and mhall confinuc in existrace until dissolved pursuaut to Section 15a2-510 of thc Codc ot'Virgin/a. §2. Any locality which is a mcmbcr of tho Authority m~y withdraw therefrom, whcthcr or not there arc any ou~andinil bonds of the Authority, pwvided, however, all .obligations to thc Authority incurred by a localky while tho locality, was a member shall in full forr~ and =fi'cot following its withdrawal. §3. The gover~i-g body' of any locality wishLug to wi~w fzom thc Authority shall signi~ its desire by resolution or ordL-mnce. The resolution or ord]nance for ~ilharawal of a member locali~ of the AuthoriD' shall be advertised ia accara,-~ with Section 15.2-510~ of the Code of V'~a. Upon adoption or approval of the ordins.~ee or resolution of withdrawal, the t~over-~-~ body of the locality seeking to ~ithd.,aw fi'om the AuthoritT sh,,l! file a notice of withdrawal with ~h¢ Stale Corporation Cor-,~ission. The notice of withdrawal from thc Au~horitT shall be executed by the prop= officcts of the withdrawin~ locality uudcr its official scsi, and Shs~! be joined in by the proper officers ofthc ~ovcr~,~g board ofthe Autho~. §4, If tim Stale Corporation Commission 6nds that the notie~ of withdrawal oonfo _rms to thc rcquixzmcnts above, it shall aclmowledg¢ th~ noti~ of withdrawal. At mob time as the Sh~ Corporation Commission aclmowlcd~ca th~ notice of withdrawal it shall isme to the withdruwi~ locality and to thc ,authority a cergficate of wi',hdrawal al~tched to the notice of withdrawal Tim withdrawal ahall become ¢~ve, and thc terms of office of the board mcmbers reprcmnting the locality withdrawing from the AuthorlU shall ~erminate. upon thc issuin~ of s~h e.,crlificate. 1-2762~$.] - 33 - Item VI-L9. OP~INANCES/RESOL UTIONS ITEM # 46074 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd APPROVED: Trustee Tax Refunds 213.44 Tax Refunds $6,165.88 Voting' 11-0 (By Consent) Councd Members Voting Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts I~ Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wdham D. Sessoms, Jr. and A M "Don" Weeks Councd Members Votmg Nay None Councd Members Absenr None December 14, 1999 FORM NO C A 8 REV 3/88 AN ORDINANCE AUTHORIZING TRUSTEE TAX 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 trustee tax refunds, upon cerbficabon of the Commissioner of the Revenue are hereby approved NAME TRUSTEE TAX DATE BASE INTEREST TOTAL ~ YEAR PAID Grace & Sarah tL~m~ted April & June, 1999 6118199 & 8/18/99 213 44 213 44 Th~s ordinance shall be effecbve from date of adopbon The above abatement(s) totaling C~ty of Vlrg~ma Beach on the $213 44 14th CommIssIoner of the Revenue C~ty Attorney were approved by the Council of the day of December ,19 99 Ruth Hodges SmIth C~ty Clerk AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for tax refunds upon certification of the Treasurer are hereby approved Tax Type Ticket Exoneration NAME Year of Tax Number Number Date Prod Penalty Int. Total Albntton, William 1998 Albntton, Wflham 1998 Albntton, William 1997 Albntton, William 1997 Albntton, William 1996 Albntton, William 1996 Capps, Judy 2000 Murden, Philip W Jr & Connie 1999 Murden, Philip W Jr & Connie 1999 Murden, Philip W Jr & Connie 1999 Murden, Philip W Jr & Connie 1999 Murden, Philip W Jr & Connie 1999 Murden, Philip W Jr & Connie 1999 Pizza Hut of America, Inc 1999 Pizza Hut of America, Inc 1999 Hill, David B Jr 1999 Shelburne Woods 1998 Shelburne Woods 1998 North American Mortgage Co 1999 Bayvflle Farms Associates 1999 Bayvflle Farms Associates 1999 C & F Enterprises 1999 Escobar, Rogeho A & Merle M 1999 Young, Walter Lee 1999 Rapier, Don R & Esther M 1999 Rapier, Don R & Esther M 1999 Canglalosl, Faith M 2000 Deegan, Robert F 2000 Brown, Mary 2000 Snyder, Derek R 2000 Toyota Motor Credit Corp 1999 Williams, Donna 1999 Brfllante, Roy A 1995 Tapla, Henry E 1995 RE(l/2) 98-001363-2 RE(2/2) 98-001363-2 RE(l/2) 97-001300-9 RE(2/2) 97-001300-9 RE(l/2) 96-001317-1 RE(2/2) 96-001317-1 RE(l/2) 00-019548-9 RE(l/2) 99-950038-4 RE(l/2) 99-960047-2 RE(1/2) 99-140479-8 RE(l/2) 99-940039-4 RE(l/2) 99-980049-8 RE(l/2) 99-970047-1 RE(1/2) 99-097400-4 RE(2/2) 99-097400-4 RE(2/2) 99-055671-4 RE(l/2) 98-110681-6 RE(2/2) 98-110681-6 RE(l/2) 99-113601-6 RE(l/2) 99-008129-1 RE(2/2) 99-008129-1 RE(2/2) 99-018092-3 RE(l/2) 99-037349-4 RE(2/2) 99-139266-7 RE(l/2) 99-100626-4 RE(2/2) 99-100626-4 Animal License #V06178 Animal License #V07476 Animal License #VI 1264 Animal License #V 12004 Parking Ticket #C46328 Parking Ticket #C62118 PP(2/2) 95022468283 PP(2/2) 95023009161 12/05/97 73 20 12/05/97 73 20 12/05/96 73 20 12/05/96 73 20 12/04/95 71 28 12/04/95 71 28 09/14/99 55 98 06/05/99 229 46 06/05/99 223 76 06/05/99 174 08 06/05/99 244 87 06/05/99 194 85 06/05/99 213 58 12/05/98 20 07 12/05/98 70 59 05/26/99 625 03 12/05/97 959 02 06/05/98 1813 69 05/13/99 25 04 11/13/98 172 66 06/05/99 172 66 06/05/99 20 45 11/18/98 77 34 05/24/99 78 24 11/30/98 43 55 06/05/99 43 55 11/04/99 8 00 11 / 16/99 2 00 11/23/99 10 O0 11/02/99 10 O0 09/24/99 20 00 09/21/99 25 00 07/20/99 10 00 30 77 129 09 09/03/99 4 65 16 75 67 96 TOTAL: $6,165.88 This ordinance shall be effective from date of adoption The above abatement(s) totaling were approved by the Council of the City of Virginia Beach onthe 14t;h dayof December: Ruth Hodges Smith C~ty Clerk John T ' ~ Approved as to form L'~slle L Lflley, City Attorney - 34 - Item V-d. PLANNING ITEM # 46075 PLANNING 1. CORNELIUS F. BO YNTON, JR., ANTONINA BO YNTON, LOPE B. PILE AND MERCY PILE STREET CLOSURE AND CONDITIONAL USE PERMIT 2. ROBERT STEINHILBER AND HERBER T A. CULPEPPER VARIANCE AND CONDITIONAL USE PERMIT 3. CHAR TER BEHAVIORAL HEAL TH SYSTEM OF VIRGINIA BEACH CONDITIONAL USE PERMIT 4. M & G ASSOCIATES T/A L YNNHA FEN DR Y STORA GE MARINA CONDITIONAL USE PERMIT 5. VIRGINIA BEACH MARLIN CLUB, INC. CONDITIONAL USE PERMIT 6. TELBELE BROTHERS, L.L.C. CONDITIONAL USE PERMIT 7. CITY OF VIRGINIA BEACH AMEND Comprehensive Plan re shoreline erosion and access AND, AMEND CZO r e parking garages December 14, 1999 Item V4. - 35 - PLANNING ITEM # 46066 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED IN ONE MOTION Items I(DEFERRED), 3 (REVISED), 4, 7a and 7b (DEFERRED) of the PLANNING BY CONSENT AGENDA. Item 1 was DEFERRED INDEFINITEL Y, BY CONSENT Item 3 was APPROVED, WITH REVISED CONDITIONS, BY CONSENT. Item 7b was DEFERRED, BY CONSENT, untd the Ct~y Councd Session of January 4, 2000 Vottng. 11-0 Councd Members Voting Aye. Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Votmg Nay' None Counctl Members Absent None Counctl Lady McClanan voted a VERBAL NAY on Item 3. December 14, 1999 Item V-J. 1 - 36- PLANNING ITEM # 46067 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, City Council DEFERRED INDEFINITELY Ordinances upon apphcatton of CORNELIUS F. BO YNTON, JR., ANTONINA BOYNTON, LOPE B. PILE and MERCY PILE for the Dtsconttnuance, closure and abandonment of a portton of Jersey Avenue and a Condtttonal Use Permtt Apphcatton of Cornehus F Boynton, Jr, Antontna Boynton, Lope B Pde and Mercy Ptle for the Dtsconttnuance, closure and abandonment of a portton of Jersey Avenue begtnntng at its Northern termtnus and running tn a Northerly dtrectton to the Southern boundary of Vtrgmta Beach Boulevard Satd parcel ts variable tn width and contams 5607 square feet ORDINANCE UPON APPLICATION OF CORNELIUS F BOYNTON, JR., ANTONINA BOYNTON, LOPE B PILE and MERCY PILE FOR A CONDITIONAL USE PERMIT Ordmance upon apphcatton of Cornehus F Boynton, Jr, Antontna Boynton, Lope B Pile and Mercy Pde for a Condtttonal Use Permit to replace the CUP approved September 28, 1999, for automobde sales and servtce at the Southeast corner of Vtrgmta Beach Boulevard and North Wttchduck Road (5085 Vtrgtnta Beach Boulevard), contatnmg 21,667 square feet KEMPSVILLE- DISTRICT 2 Voting' 11-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W. Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr andA M "Don" Weeks Councd Members Vonng Nay None Council Members Absent None December 14, 1999 I PLANNING -37- ITEM # 46068 Attorney R E Bourdon, Pembroke One, 5th Floor, Phone 499-8971, represented the apphcant and requested DEFERRAL to review the alternattve subdtvtston design of &emon and Larsen and tncorporate same tnto stte plan &emon & Larsen revtewed the layout proposed by the apphcant "Robert Steinhilber and Herbert A Culpepper" and offered an alternative subdivision design The revtew would be conststent wtth the stated objecttves of the Ctty's zomng ordtnance and Comprehenstve Plan for the area and utthze rural planmng prtnctples betng developed for the Southern Watersheds A concept of alternate subdtvtston plans was developed to successfully achteve the Ctty's pohcy objecttves for the Pungo/Blackwater area, protect equtttes for the landowner and those of hts netghbors, and begtn to advance through tllustratton the sttll-to- be-fully-arttculated planntng goals emergtng through the Southern Watershed Area Management Plan (SWAMP) process sponsored by the Hampton Roads Planmng Dtstrtct Commtsston Upon motton by Counctl Lady Henley, seconded by Vtce Mayor Sessoms, Ctty Councd DEFERRED INDEFINITELY Ordtnances upon apphcatton of ROBERT STEINHILBER and HERBERT A. CULPEPPER to develop a plan conformtng wtth the City's ordtnance and then submtt satne for revtew by the Planmng Staff who wtll then prepare thetr recommendatton for the Ctty Councd AND, Appeal to Dectstons of Admtmstrattve Officers tn regard to certain elements of the Subdtvtston Ordtnance, subdtvtston for Robert Stetnhtlber & Herbert A Culpepper Property ts located at the southwest tntersectton of Blackwater Road and Blackwater Loop (GPIN #1389-72-5323, 1t1389- 71-530 7, itl 399-00-04 78) PRINCESS ANNE - DISTRICT 7 ORDINANCE UPON APPLICATION OF ROBERT STEINHILBER & HERBERT A CULPEPPER FOR A CONDITIONAL USE PERMIT FOR AN AL TERNA TIVE RESIDENTIAL DEVELOPMENT Ordtnance upon apphcatton of Robert Stetnhtlber & Herbert A Culpepper for a Condtttonal Use Permtt for an alternattve restdenttal development on certatn property located at the southwest tntersectton of Blackwater Road and Blackwater Loop (GPIN #1389- 72-5323, #1389- 71-530 7, itl 399-00- 0478) Satd parcel contatns 301 acres PRINCESS ANNE - DISTRICT 7 Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf,, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent None December 14, 1999 - 38- Item PLANNING ITEM # 46069 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of CHARTER BEHAVIORAL HEAL TH SYSTEM OF VIRGINIA BEACH for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF CHARTER BEHAVIORAL HEALTH SYSTEM OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR AN OFFICE BUILDING WITH A DINING ROOM FOR STAFF ONLY R012993008 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Charter Behavtoral Health System of Vtrgtnta Beach for a Condtttonal Use Permtt for an office butldtng with a dtntng room for staff only on the south stde of Wtll-O- Wtsp Drtve, east of Ftrst Colomal Road (GPIN #2408-63-9112, #2408-62-6959) Satd parcel ts located at 1701 Wtll-O- Wtsp Drtve and contatns 7 acres L YNNHA VEN- DISTRICT 5 The followtng condtttons shall be reqmred 1 There shall be no extertor stgn tdenttfytng the cafeterta The dumpsters and shed shall be screened from Wtldwood Drive and Ltndsley Drtve with a stx- foot (6') tall prtvacy fence wtth Category I landscaptng on the outstde of the fence 3 All anctllary vehicles used during recent constructton work and excess butldtng matertals shall be removed from the stte 4 There shall be no garbageptck up or truck dehvertes to thts stte before 7 30 a m or after 6 O0 p m 5 Conchttons #2 and #3 shall be met prtor to use of the cafeterta Condtttons #1 and g4 are on-gotng These Ordtnances shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordinance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of December, Ntneteen Hundred and Ntne_ty-Ntne Vottng 10-1 (By Consent) Council Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent None December 14, 1999 Item V-J. 4. - 39- PLANNING ITEM # 460 70 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of M & G ASSOCIATES, T/A L YNNHA VEN DR YSTORA GE MARINA for a Conchttonal Use Permtt ORDINANCE UPON APPLICATION OF M&G ASSOCIATES, T/A LYNNHAVEN DRY STORAGE MARINA FOR A CONDITIONAL USE PERMIT FOR A MARINA (DRY STORAGE BOATEL)RO12993009 BE IT HErB Y ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of M & G Assoctates, T/A Lynnhaven Dry Storage Martna for a Condtttonal Use Permtt for a martna (d~_ storage boatel) on the East stde of West Great Neck Road, South of Lynnhaven Drtve (GPIN #1499-38-5673) Satd parcel ss located at 2150 West Great Neck Road and contatns 7 38 acres DISTRICT 5 - LYNNHA VEN The followtng condtttons shall be requtred 1 Trees shall be tnstalled as follows a Ltve Oak trees shall be planted on both stdes of the vehtcular entrance to the stte from West Great Neck Road, as shown on the stte plan addendum, entttled "L D S M Reconstructton Stte Plan ", dated October 20, 1999 Evergreen trees (spectes to be submttted to the Dtrector of Planntng for approval prtor to planttng) shall be tnstalled tn the strtp between the parktng lot area and West Great Neck Road between the extsttng Crape Myrtle trees Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Or&nance Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of December, Ntneteen Hundred and Ntnety-Ntne Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Councd Members Voting Nay None Counctl Members Absent None December 14, 1999 PLANNING - 40- ITEM Pt 460 71 Attorney R E Bourdon, Pembroke One, 5th Floor, Phone 499-8971 Upon motton by Counctlman Branch, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED an Ordtnance upon Apphcatton of VIRGINIA BEA CH MARLIN CLUB, INC.,for a Condtttonal Use Perm tt ORDINANCE UPON APPLICATION OF VIRGINIA BEACH MARLIN CLUB, INC FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL MARINA R012993010 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Vtrgtnta Beach Marhn Club, Inc, for a Condtttonal Use Permtt for a commerctal manna on Block 30, Shadow Lawn Heights (GPIN Pt2427-02-9112) Satd parcel ts located at 308 Medtterranean Avenue and contatns 6,050 square feet DISTRICT 6 - BEACH The following conchttons shall be requtred The con&ttonal use permtt shall be hmtted to stx (6) boat shps, as shown on the submttted plan tttled "SITE PLAN, INLET STATION YACHT BROKERAGE," prepared by Gallup Surveyors &Engtneers, LTD, dated 10 June 1999 All required landscaptng shall be tn accordance wtth Sectton 5A of the &te Plan Or&nance A vartance to the requtrements may be granted durtng detailed stte plan revtew A permit for the martna must be obtatned from the Vtrgtnta Department of Health, Office of Envtronmental Servtces, Martne Programs Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zomng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of December, Ntneteen Hundred and Ntnety-Ntne Vottng 11-0 Counctl Members Vottng Aye Lznwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent None December 14, 1999 - 41 - Item V-J. 6. PLANNING ITEM # 460 72 Rtchard Grtmstead, 411 ]5th Street, Phone 425-5309, represented the apphcant Upon motton by Counctlman Branch, seconded by Vtce Mayor Sessoms, Ctty Counctl DEFERRED INDEFINITEL Y an Ordtnance upon apphcatton of TELBELE BROTHERS, L.L. C., for a Condtttonal Use Permtt O~INANCE UPON APPLICA TION OF TELBELE BR O THERS, L.L. ¢., FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FA CILITY Or&nance upon apphcatton of TELBELE BROTHERS, L L C, for a Condtttonal Use Permtt for a recreattonal factht_¥ of an outdoor nature (Putt-Putt Golf Course) at the Southwest corner of Atlanttc Avenue and 18th Street (GPIN #242 7-05-7420) Satd parcel contatns 5, 760 square feet DISTRICT 6 -BEA CH Thts deferral wtll allow recetpt of documentatton concerntng the abtltty of the roof to adequately support the wetght of the facthty and tts patrons Vottng 6-4 Counctl Members 17ottng Aye Ltnwood 0 Branch, III, Harold Hetschober, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Voting Nay Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley and A M "Don" Weeks Counctl Members Abstatntng Nancy K Parker Counctl Members Absent None Counctl Lady Parker ABSTAINED as the apphcant ss a chent of Parker Pools December 14, 1999 - 42 - Item VI4. 7. a. PLANNING ITEM ii 460 73 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to AMEND the Comprehenstve Plan by ADDING provtstons re shoreline erosion and access to sattsfy regulations promulgated under the authortty of the Chesapeake Bay Preservation Act. Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Vgtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Council Members Vottng Nay None Counctl Members Absent None December 14, 1999 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY THE ADDITION OF PROVISIONS PERTAINING TO SHORELINE EROSION AND SHORELINE ACCESS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That the Comprehensmve Plan of the City of Virginia Beach 11 be, and hereby is, amended and reordalned by the addition of the 12 underlined portions, and the deletion of the stricken portions, of 13 the attached excerpts from the Comprehensive Plan (Pages 51, 52, 14 187, 219, 220, 221-A, 221-B, 224, 233-A, 233-B, 238-A, 238-B, 244, 15 248, 249, 250-A, 250-B, 250-C and 319), the same being labelled 16 "Virginia Beach Comprehensive Plan, November 4, 1997," and having 17 been exhibmted to the Cmty Council on thms day. 18 19 Adopted by the Council of the City of Vmrgmnma Beach, 20 Virginia, on the 14th day of December, 1999 21 22 23 24 25 26 27 CA-7529 wmm/ordres/chesbaycomplan.wpd R-2 November 9, 1999 - 43 - Item VI-J. 7. b. PLANNING ITEM # 460 74 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED UNTIL CITY COUNCIL SESSION OF JANUARY 4, 2000: Ordtnances to AMEND the CZO re parking garages Secttons 111, 239 03, 601, 701, 801, 901, 1001, 1501, 1511, 1521 Vottng 1 I-0 (By ConsenO Counctt Members l/'ottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent None December 14, 1999 - 44 - Item VI-K.I. APPOINTMENTS ITEM # 460 75 B Y CONSENSUS, Ctty Counctl RESCHEDULED the following APPOINTMENTS BOARD OF ZONING APPEALS (BZA) COMMUNITY SER VICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS MINORITY BUSINESS CO UNCIL December 14, 1999 - 45 - Item VI-K.2. APPOINTMENTS ITEM # 460 76 Upon NOMINATION by Vtce Mayor Sessoms, City Counctl REAPPOINTED: Kenneth F. Bradley Charles M. Salle' AND, APPOINTED: Dorothy L. Wood PLANNING COMMISSION 4-Year Terms 1/1/2000- 12/31/2003 Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent None December 14, 1999 - 46- Item VI-K. 3. APPOINTMENTS ITEM # 46077 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED: Michael C. Savvides Unexpired Term thru 9/30/2002 WETLANDS BOARD Vottng 11-0 Counctl Members l/ottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, ,Ir, Harold Hetschober, Barbara M Henley, Louts R clones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and A M "Don" Weeks Counctl Members Vottng Nay None Council Members Absent None December 14, 1999 -47- Item VI-MI. NE W BUSINESS ITEM # 46078 BY CONSENSUS, City Clerk RECORDED: ABSTRACT OF CIVIL CASES RESOLVED - NOVEMBER 1999 December 14, 1999 i - 48- Item VI-N. ADJOURNMENT ITEM # 460 79 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 3:55 P.M. Beverly 0 Hooks, CMC/AAE Chtef Deputy City Clerk ~th Hodges Smtth, CMC/AAE Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta December 14, 1999