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HomeMy WebLinkAboutAPRIL 25, 2000 MINUTESVII. 6:00 PM ,FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Co Reverend Paul C. Bailey. D.D. Virginia Beach United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS - 2. PUBLIC HEARING - RESOURCE MANAGEMENT PLAN - "Community for a Lifetime" - Princess Anne High School April 11, 2000 April 13, 2000 Go AGENDA FOR FORMAL SESSION 17re Consent Agenda will be determined during theAgenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. Ho PRESENTATION 1. PROCLAMATION - SPECIAL OLYMPICS DAY: Robert Miller, President - Area II PUBLIC HEARINGS 1. May 6, 2000 RESOURCE MANAGEMENT PLAN -" Community for a Lifetime" a. REAL PROPERTY TAX INCREASE - Proposed b. TRANSIENT LODGING TAX AMENDMENT - Extension of existing TAX RATE c. BONDS 1. GENERAL OBLIGATION BONDS [Schools, Roadways, Coastal, Buildings, Economic Development, Convention and Tourism, Parks and Recreation and other public facility improvements] 2. STORM WATER UTILITY BONDS 3. WATER and SEWER UTILITY REVENUE BONDS d. FY 1999-2000 OPERATING BUDGET e. FY 1999-2000 CIP CAPITAL BUDGET f. FY 1999-2005 CAPITAL IMPROVEMENT PLAN $ 49,700,000 $ 3,900,000 $ 7,89O,O00 $1,115,679,755 $ 135,224,540 $1,431,872,855 AGRICULTURAL PRESERVATION PROGRAM (ARP) (Princess Anne - District 7) 3. TAXI FARE INCREASE J. ORDINANCES/RESOLUTION Ordinances to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP) easements and the issuance by the City of its contract obligations: a. Robin D. and Bessie S. Davenport $285,876 b. Mildred C. Furlough $490,620 c. Mildred C. Furlough $318,903 d. George B. and Juanita F. Pendleton, Jr. $689,477 Ordinance to AMEND Chapter 36, Article IV, of the City Code to streamline the process and AUTHORIZE the police department as the office to issue Certificates of public convenience and necessity re Taxicabs. 3. Ordinances granting operation of Open Air Cafes in the Resort Area: a. NEW FRANCHISES (1) Clearwater Investment Associates, L.P. t/a Sheraton Oceanfront Hotel Boardwalk Caf6 3501 Atlantic Avenue (2) Megabytes, L.L.C. Sidewalk Caf6 t/a Salsa's Restaurant 812 Atlantic Avenue (3) AHATA, L.L.C. t/a Pier 23 Restaurant Sidewalk Caf6 2224 Atlantic Avenue b. RENEWAL FRANCHISES (1) Virginia George Company, Inc. t/a Dough Boys California Pizza Sidewalk Caf6 2410 Atlantic Avenue (2) Calabrese Management Group, Inc. Sidewalk Caf6 t/a Albie's Pizza 200 21st Street (3) Planet Pizza, Inc. t/a Fish Bones Restaurant Sidewalk Caf6 812 Atlantic Avenue (4) Sunsations, Inc t/a Haagan-Dazs Sidewalk Caf6 2100 Atlantic Avenue (5) Leeward Princess Ann Investment Assoc., L.L.C. t/a Marriott Courtyard VB Oceanfront Boardwalk Caf6 2500 Atlantic Avenue (6) Tampico Enterprises, Inc. Sidewalk Caf6 t/a Abbey Road Restaurant 203 22nd Street (7) A.C.A.Corporation t/a Black Angus Sidewalk Caf6 706 Atlantic Avenue Ordinance to AUTHORIZE a lease with The Beach Quarters Inn re a 22-foot strip abutting the west side of Atlantic Avenue for additional parking spaces. Ordinance to TRANSFER $2,969 from the General Fund Reserve for Contingencies to the FY 2000 Operating Budget of the Sheriff's Department re reimbursing a Deputy Sheriff for legal fees and expenses incurred in defense of criminal charges while performing official duties. Ordinance to ACCEPT and APPROPRIATE $80,000 from the Department of Criminal Justice Services to the FY 2000 Operating Budgets of the Office of Community Corrections and The Sheriff's Department re additional personnel and associated equipment to meet the increased demand for pre-and post-trial services. Resolution REQUESTING the Virginia Beach Circuit Court issue a Writ of Election to the Secretary of the Virginia Beach Electoral Board and ordering a Special Election on the same date in the General Election in November 2000 re the vacancy in the office of Commonwealth's Attorney. 8. REFUNDS: a. LICENSE $18,485.76 b. TAX $ 7,387.58 PLANNING 1. Application of MILTON A. PALMER, SR., for an expansion ora nonconforming use at 309 Shipps Lane, containing 9,900 square feet. (BEACH - DISTRICT 6) Recommendation: INDEFINITE DEFERRAL Application of JUDEO-CHRISTIAN OUTREACH CENTER, INC., for a Conditional Use Permit for a group home expansion on the south side of Virginia Beach Boulevard, east o f South Birdneck Road ( 1053 Virginia Beach Boulevard), containing 41,817.6 square feet. (BEACH - DISTRICT 6) Recommendation: APPROVAL Application of M. M. GUNTER & SON, INC., for a Conditional Use Permit for the expansion of an existing borrow pit east of Bemadotte Street beginning at 1100 feet south of Seaboard Road (2737 Seaboard Road), proposed expansion to add 15.14 acres to the existing 40.10 acres. (PRINCESS ANNE - DISTRICT 7) Recommendation: APPROVAL Applications of OXFORD PROPERTIES, L.L.C., d/b/a/DAM NECK SELF STORAGE on the east side of General Booth Boulevard, north of Culver Lane (1874 General Booth Boulevard), containing 3,198 acres. (PRINCESS ANNE - DISTRICT 7) a. Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-1A Limited Community Business District. b. Conditional Use Permit for mini-warehouses, office and apartment. Recommendation: DENIAL Application of WILLIAMS HOLDING CORPORATION for a Change of Zoning District Classification from R-5D Residential Duplex District B-2 Community Business District on the west side of Centerville Turnpike north of Kempsville Road re commercial land use for retail, office and other compatible uses, containing 14,505 square feet. (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL Applications of ROBERT STEINHILBER and HERBERT A. CULPEPPER at the Southwest intersection of Blackwater Road and Blackwater Loop, containing 320 acres (PRINCESS ANNE - DISTRICT 7). Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum pavement width for the proposed cul-de-sac re a proposed 26-foot pavement width and swales in lieu of curb and gutter to route stormwater runoff. b. Conditional Use Permit for an alternative residential development Deferred Indefinitely: Deferred to 02/22/00: Deferred to 03/14/00: Deferred Indefinitely: December 14, 1999 January 25,2000 February 1, 2000 March 14, 2000 Recommendation: APPROVAL of Staff Concept Plan and Variance RECONSIDERATION: Changes of Zoning District Classifications (BEACH - DISTRICT 6) lost to negative vote March 7, 2000: COLLETT PROPERTIES, INC., and COLLETT CHESAPEAKE PARTNERS, L.L.C. from B-2 Community Business District to Conditional B-2 Community Business District at the Southeast intersection of Virginia Beach Boulevard and Parker Lane, containing 3.481 acres. bo COLLETT PROPERTIES, INC., from I-1 Industrial District to Conditional B-2 Community Business District on the East side of Parker Lane, beginning 150 feet more or less South of Virginia Beach Boulevard, containing 8.433 acres. Deferred: Denied February 08 / 22, 2000 March 07, 2000 Applicant request DEFERRAL to May 9, 2000 Application of the CITY OF VIRGINIA BEACH to AMEND Section 401 of the City Zoning Ordinance (CZO) re permitted uses in the AG-2 Agricultural Districts. (Deferred by the Planning Commission to their May 10, 2000 agenda.) L. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD M. UNFINISHED BUSINESS NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - MARCH, 2000 O. ADJOURNMENT CITY COUNCIL SESSION - MAY 2, 2000 - CANCELED PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE DATE EVENT LOCATION TOPIC Thursday, May 4 Council Workshop Council Conference Room Reconciliation of outstanding 10:00 AM - Noon resource issues Tuesday, May 9 - 2:00 PM Adoption of FY 2000-2001 Council Chamber "Community for a Lifetime" Resource Mgmt. Plan If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 04/20/00slb AGENDA\04-25-00. www.virginia-beach.va.us NUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 25, 2000 Mayor Meyera E. Oberndorf called to order the FY 2000-2001 RESOURCE MANAGEMENT WORKSHOP in the Council Conference Room, City Hall Building, on Tuesday, April 25, 2000, at 2.'00 P.M. Council Members Present: John A. Baum, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Linwood O. Branch, III William W. Harrison, Jr. Reba $. McClanan A. M. "Don" Weeks [ENTERED: 2:42 P.M.] [ENTERED: 2:52 P.M.] [ENTERED: 2:20 P.M.] [ENTERED: 2:15 P.M.] -2- BUDGET WORKSHOP 2:00 P.M. ITEM # 46502 Marcy Sims, Director - Libraries, presented information relative the status of the partnership between the Library and the Boys and Girls Club of Virginia Beach. The intent of the partnership was to provide for temporary library services targeted toward youth in the Green Run area until a full service library couM be built. This was the recommendation of the Library Facilities and Review Committee appointed after the defeat of the Library Referendum in ]998. Council Members McClanan and Parker served on this Committee. The concept is for the Boys and Girls Club to construct 5,000 square feet of space either in a separate building or in addition to the building they just opened at Buckner Boulevard and Rosemont Road, allow the City to lease that space for a public library for approximately five years until a full service library can be constructed and then at the end of that lease period, the Boys and Girls Club would convert that space to a day care or teen center operated by the Boys and Girls Club. The FY1999-2000 Resource Management Plan includes funding for lease payments, library materials, furnishings, equipment and staffing for the project. Continued funding for the lease amount is also included in the proposed FY 2000-2001 Resource Management Plan. The Boys and Girls Club Board informed us in mid March they could not secure the financing they need to construct that additional 5, 000 square feet of space with only afire-year lease. Since then, alternatives have been identified which could preserve the partnership with the Boys and Girls Club and enable the City to provide library services targeted toward youth in the Green Run Area until the construction of the full service library. Alternatives and recommendations will be presented to City Council for consideration at the Reconciliation Workshop on May 4, 2000. The goal was to identify existing funds to accomplish this project, so there will not be a financial impact on other departments or programs. This recommendation will not have any financial impact on other department services or programs. The Green Run/South Rosemont full service Library Capital Improvement Program will be another item for consideration at the Reconciliation Workshop. Design work and construction were suggested for approximately 2003-2004 with opening in 2005-2006. Walter Kraemer, dr., Acting Director - Department of Management Services, advised the Cultural and Recreational section consists of Museum and Cultural and encompasses such items as the MOunt Trashmore Park capping, restoration of the lake and enhanced maintenance to bike trails in conjunction with the Shore Drive Corridor Study. Currently underway is a master plan stud and architectural design to evaluate the potential for a third expansion of the Museum. This expansion would incorporate marine mammal exhibits. $1.5-MlL£IONfor this project was provided for by state contribution and the remaining $100, O00 from the General Fund. Planning and design will continue for FY 2000-01. Vice Mayor Sessoms advised last week he had mentioned the Contemporary Arts Center of Virginia was short $60, O00 for educational purposes. The City Manager and C. Mac Rawls, Director of Museums and Cultural Arts, would recommend this funding. Approval of the Budget would not automatically ensure a dolphin tank in the Virginia Beach Marine Science Museum, as further approvals are necessary. Mr. Rawls advised the report was misinterpreted concerning a deficit in the operating cost. The Museum is an Enterprise Account and the $1.6-MILLION being quoted as a deficit was a number first entered in the report. ,,It the fina[ conclusion of the report, the Museum actually gained $875,000 in retained earnings this year. The total retained earnings for the Museum is approximately $3,300,000. Mayor Oberndorf expressed appreciation to the Volunteers at the Virginia Marine Science Museum for their assistance to the visit of the citizens participating in the Senior Olympics. Mr. Rawls advised 25% of the manpower presently in the Museum is composed of volunteers. Mr. Rawls advised the Thoroughgood House is not in the budget as the lease is not due for renewal until October. The lease and operating expenses will be scheduled for a future City Council Session. It appears there will be an increase of 50% in income and attendance this year at the Francis Land House. The same staff has been maintained at the Thoroughgood House. This is a "win-win "situation for both the Cities of Norfolk and Virginia Beach. Any major repairs are paid by the City of Norfolk. The Chrysler Museum is allowing the utilization of the furnishings, materials and artifacts at no charge to the City. Virginia Beach is only paying for the operational expenses involving salaries and utilities. Council Lady Henley referenced the CIP item for Open Space on page 25 relative the total program funds remaining in $240,000. Barry Frankenfield - Planner, Parks and Recreation, advised, technically, $260,000 was transferred to the Bow Creek project. There was a budget of approximately $60, O00 for the open space issues of which $3 5,000 has been expended. Therefore, approximately $190,000 is in the account. Vice Mayor Sessoms advised he would be unable to attend the Reconciliation Budget Workshop on May 4, 2000, as he would be out of town on business, but believed there should be additional funds in year-end surplus. Vice Mayor Sessoms suggested examining additional new revenues as a permanent funding source for Open Space (i. e. 3Ft Street Development, which will generate $2-MILLION a year in new revenues to the City). It appears the public wishes the City to aggressively address open space. April 25, 2000 BUDGET WORKSHOP ITEM # 46502 (Continued) Council Lady Henley advised once a plan is submitted on a property, the ability to acquire it becomes more difficult, if not impossible. It will be difficult in examining the maps relative open space, which properties should be acquired, the methodology and the order of acquisition. The City Manager and staff shall provide information relative the funds which could be borrowed, based on projected revenues. Sara Hensley, Director of Parks and Recreation, referenced the Partners with the Public Land, who can assist in holding the land, as the City identifies same until it is able to create a mechanism to fund the purchase of this property. The State funds $6-MILLION per year. Mrs. Hensley advised the scheduling of programs at the Recreation Centers is based primarily on pubic input. Council Lady Parker referenced the O. 7 cents of the real estate tax approved by City Council in FY 1988-89for open space acquisition. A detailed explanation of this funding and its utilization since 1988, shall be provided. Mr. Frankenfield advised one of the projects was for development of City View District Park and since 1992, portions of that funding have been used for renovations i.e. tennis courts, playgrounds, etc.; however, a significant portion has been utilized for acquisition. 30% of the entire CIP is new development with 70%for repair. Staffing for the Lynnhaven Boat Ramp and Beach Facility reflects the minimum required and was predicated on the receipt and acceptance of two State grants for the construction of the facility (CIP g4-974); $332,150 awarded by the Virginia Marine Resources Commission (which prohibits charging boaters with salt water fishing licenses), Virginia Recreational Fishing Board and $288,3 71 applied for by the Virginia Department of Game and lnland Fisheries (this grant was not awarded; however, the City was notified they could reapply in July). There are approximately l l 4 parking spaces for non-trailers and about 97 spaces for boats. Residents of the Shore Drive Corridor supported a fee for parking. Mrs. Hensley recognized, with appreciation, the attendance of Lillie Gilbert, Chairman - Parks and Recreation Commission. New contracts for Pro Shop operations at all three Municipal golf courses were issued January 1, 2000, which increased the annual cost of the base contract by 19% (from $162,000 to $193,000) compared with the previous 5-year contract, and are anticipated to improve customer service and expand play. When there is good weather for a period of time, the costs are covered. The golf course runs on an Enterprise system and, therefore, on a yearly basis, the costs are covered. Page 5-13 depicts a chart reflecting the number of Golf Rounds. Other than 1998, the last couple of years have been very flat. Mrs. Hensley advised a Public Meeting is scheduled relative Open Space at Kempsville High School, 7:00 P.M., April 26, 2000. Mr. Kraemer advised relative Family and Youth Opportunities, this is an increased allocation for the Comprehensive Services Act in Juvenile Detention by approximately SI-MILLION in the Contingency account. In terms of the number of complaints and investigations, the CPS cases have stabilized in recent years. New state and federal requirements, however, such as mandated taped interviews, required predisposition conferences with alleged perpetrators, required additional training for workers, escalated legal challenges by alleged abusers have all increased time efforts devoted to this program. Because of the importance of this mandated program, six part-time positions were converted to full-time which should help reduce turnover and subsequent backlog of cases due to productivity lost during vacancies and retraining. Funding is also being provided to rehabilitate the Beach House on Wildwood Drive, provide dental services for 2,000 children, immunize 600 children 2years of age, serve 1500 clients with the Detox program, and assisted 135 mentally retarded people gain and bom suitable employment. Mrs. Hensley advised this Division manages a citywide network of 203 district, community and neighborhood parks totaling over 2,500 acres. Mayor Oberndorf complimented and expressed appreciation to Dr. Terry S. JenMns - Director- Mental Health/Mental Retardation/Substance Abuse, for conducting her Second Annual Community Services Seminar, with public involvement. Clients have called and written the Mayor relative concerns and she immediately relays these to Dr. Jenkins. Dr. Jenkins advised part of the delay in Medicaid reimbursement has been addressed since the Budget document was compiled. Some of the one time only State funding, the City Council approved, has enabled enhancements to the reimbursement and management information system; therefore, the last six weeks has shown an improvement. The turn-around time has been quicker. Medicaid funding is accomplished through electronic billing. The department is awaiting a report from consultants hired by Medicaid. These consultants visited 15 localities a year ago and reviewed costs to determine recommendations for reimbursement rates. Dr. Jenkins advised drug screenings are performed on certain City safety employees. Further information will be provided. April 25, 2000 -4- BUDGET WORKSHOP ITEM # 46502 (Continued) Dr. Venita Newby-Owens, Director - Health Department, advised additional allocation of funds from the General Assembly's mandated and non-mandated services. The amount of $225,000 each year in the Biennium equated to $450,000. Virginia Beach was the last on the list for per capita funding of all the Health Districts in the State. This one-time funding has moved the City from thirty-fifth to thirty-fourth. The City Manager advised every year the City's Legislative Package has requested this funding formula be re- examined. A recent report by the Joint Legislative Audit and Review Commission (JLARC) recommended the Department of Health develop and implement a policy that would define the allocation of the State's share of the cooperative budget. The allocation would build upon and extend the needs based formula and staffing standards for use in making funds available to the local Health Departments. Dr. Newby-Owens advised the Health Department has worked closely in a collaborative referral relationship with the Beach Health Clinic. When the general Medical Clinic for the Health Department closed, approximately 3 years ago, patients were transferred to the Beach Health Clinic. The Health Department no longer provides medical services for adults. Robert Matthias, Assistant to the City Manager, advised the approach for a new formula will be on a regional basis. $4-MILLION was added state-wide in this Biennium, which is on top of the funds Virginia Beach received directly. Regarding health inspections, Dr. Newby-Owens advised there is not a list ranking restaurants. They either pass or fail the inspection. If the restaurant is having difficulties, the Health Department reinspects on a regular basis until the problem is corrected. Daniel M. Stone, Director - Social Services, advised relative the Homeless programs, the Lighthouse continues to operate each day. Overall the churches and the private community (with assistance of city grants) are working very well regarding the homeless. Social Service operates a homeless emergency program, supporting families homeless for a temporary period of time and also work with single individuals. A statefundedprogram attempts to forestall foreclosures on homes for unemployed individuals. Mayor Oberndorf inquired relative the homeless, standing on islands between the lanes of traffic, especially on Newtown Road, holding signs stating "hungry need money ". The Lighthouse was built to allow the homeless to bathe during the day and laundry their clothes. Mr. Stone advised many individuals run the range from substance problems to mental health problems. Many are not capable of holding down on a job on a permanent basis. Some individuals panhandle up to $25,000 a year. The state adopted VIP and VIEW programs as the basis for implementing federal legislation. A new phase in welfare reform was reached as October 1999 marked the mandatory termination period of benefits for some welfare recipients. The State's reform limits benefits to two contiguous years with a cap of five years total (two on welfare, one off, and no more than an additional two years). So far, 1,663 recipients have been enrolled in VIEW, of whom 70% have obtained employment (at an average hourly wage of $6). Affordable day care is an important component of Welfare Reform in that it aids in retention of employment among participants. Participants in the VIEW as well as qualified citizens, may be eligible to receive full-day care funding, enabling them to seek work or attend school. Mr. Stone referenced the success of the "Fathers in Training "program, which has instructed approximately 1,000 young men. As this has been such an ongoing support group for these individuals, an all male chorus was created. Mr. Kraemer advised relative the Policy and Decision Support Section, in 1999, over 11,000 individuals volunteered services to increase the efficiency of the government. 3.4 FTE's were added to the General Registrar's office. This was associated with the Presidential elections in November. An additional attorney was added to Law to provide increased services to the School Board and Administration. The City Clerk's Office provides state-of-the-art technological services with six departments ported to research historical records. This year, the Community Organization Grants received a 95°/6 increase in funding requests. Mayor Oberndorf referenced comments related to "cutting the fat" in government. The City Manager advised that with the reorganization, the number of staff and assistants is the same as a number of years ago. The responsibilities for the Volunteer Council has been shifted to his office from the office of the City Clerk. This is just a transfer of particular functions, no additional employees. Virginia Beach has the lowest number of City employees per population. April 25, 2000 -5- BUDGET WORKSHOP ITEM # 46502 (Continued) Council Lady Eure referenced the need for a qualified landscape individual who could assist and supervise inspections in the Planning Department. Council Lady Parker referenced the Landscape Service Department has the knowledge to make the needed changes relative these issues. In the past, they made the field inspections regarding applicants' landscaping. Mayor Oberndorf inquired relative the number of inspectors to be included within the Budget and the number working the weekends. The City Manager advised this information will be provided. Mayor Oberndorf referenced violations of parked vehicles utilized as signage (rolling billboard). Four inspectors are not sufficient for a 310 square mile city, The trash along the highways is increasing. The City Manager advised 3 79 illegal signs in the medians were picked up this weekend. Andy Friedman, Director - Housing and Neighborhood Preservation, advised concerning inspections on weekends. The work is coordinated between the Planning Department and Housing and Neighborhood Preservation; however, the two functions have not been fully integrated. The Department of Housing and Neighborhood Preservation has twenty-two (22)permanent and six (6) temporary inspectors. The only regular inspections on weekends are at the Resort area in the morning and on Holidays, concerning the appropriate use of the waste disposal ordinance. In the planning stages is the creation of a joint volunteer inspection force with the Planning Department which would focus on weekend and night inspections as this gap in coverage has been recognized. The City Manager advised information will be forwarded to the business community advising them of the zoning regulations relative signs. The City Manager advised there are zoning inspectors, housing code inspectors and Fire Department inspectors. The City is attempting to coordinate the activities of those three areas. Council Lady Parker requested information be provided relative the number of inspectors in each category. Council Lady Henley advised businesses to be successful need a certain amount of exposure. Signs can be a service to the public. Therefore, there are two sides to the story and business signs should be visible. Council Lady Henley suggested public comment be encouraged relative these signs. Councilman Branch expressed concern relative advertising banners on businesses. The City Manager advised the sign ordinance is in the process of being reviewed. Mayor Oberndorf referenced concerns of citizens relative housing code and zoning violations which were not receiving summons of violation. Mr. Friedman advised his inspectors issue approximately 1500 notices every year. There is no limit. Councilman Baum referenced comparisons of Council Members and Planning Commissions 'salaries within the adjacent municipalities. Council Members Baum and McClanan advised this is not a complete picture as it does not detail support staff, services, expenses provided (i.e. mileage). The City Manager advised a Council policy should be developed with a methodology for revision every few years. This removes it from the political arena. Information relative the legal requirements and compensation of the various Boards and Commissions shall be provided. Mayor Oberndorf referenced requests of the Mayor's Committees for the Disabled and Elderly, not for compensation, but staff support to prepare and distribute their minutes: Lisa White, Media Specialist in the Mayor's Office, provides tremendous support and prior to her Helen Spore performed this function. Mayor Oberndorf advised the years she served on the Library Board, the Members were never compensated and never expected to be compensated. Members of the Library Staff prepared the minutes of the meeting. Council Lady Eure requested information relative which Boards and Commissions are being provided meals. Since she has been serving on the Minority Business Council, she has a lovely hot meal at each meeting. Mayor Oberndorf referenced suggestions of citizens relative street sweepers be utilized in the residential areas at least once or twice a month, which would provide at least some service for the resident 's real estate tax. The City Manager advised street sweeping was eliminated a number of years ago, other than on a "spot problem "application basis; however, an analysis could be provided relative the phasing-in of this process and cost per cycle. Concerning mowing operations in the southern portion of the City, information shall be provided relative utilizing city services versus contracting out. Councilman Jones advised receipt of continued complaints concerning the mowing of the medians along Shore Drive. Mayor Oberndorf referenced the request of the Disabled American Veterans for a "freeze" on real estate tax assessments, for the 100% disabled American Veteran. The Veterans Administration distinguishes the veterans who are 100% disabled. A 100% disabled veteran cannot work or they lose their pension. Mayor Oberndorf wished this item be reviewed. does his assessment keep increasing when nothing will be built upon this land. This was the first time his fencing had been taxed and apparently only a few horse farms were taxed for their fencing. April 25, 2000 -6- BUDGET WORKSHOP ITEM # 46502 (Continued) Mayor Oberndorf referenced correspondence from a citizen (Eugene Hanson) relative the City purchasing development rights in order to preserve open space and farm protection in the southern end of the City. The citizens inquired re assessment of his fencing around his horse farm. Councilman Harrison believed this correspondence might be subject to Closed Session. The Real Estate Assessor shall be provided a copy of this letter. Council Lady Henley referenced a DRAFT ora City Council Policy re the real estate freeze~exemption program annually, applying to all elderly and disabled citizens. Possibly, a percentage~[brmula could be adopted for an annual evaluation. April 25, 2000 -7- PRESENTATION MINORITY BUSINESS CO UNCIL 4:26 P.M. ITEM # 46503 Chair Louisa Strayhorn - Minority Business Council, introduced the members of the Council: Sylvia Strickland-Primm Vice Chair Edward Hamm Past Chair Margaret L. Eure Council Member Helen V. Preti Luis Rivera Shewling Moy Wong Chair Strayhorn advised the mission of the Minority Business Council: To assist the City in its efforts to increase participation of minority-owned businesses, woman-owned businesses and small businesses in the procurement process and to assure that procurement opportunities are made available to all persons regardless of race, religion, color, sex, national origin or disability. GOALS Identify and encourage city agencies and firms projecting the City 'S image to fairly reflect Virginia Beach as a City of ethnic and racial diversity when carrying forward the City's business. Help achieve and maintain the opportunity for improved minority business participation levels in the procurement process for goods and services and construction and housing Chair Strayhorn cited the 1999 accomplishments. Doing Business with the City of Virginia Beach Minority Business Conference and Expo The Minority Business Conference and Expo was held on Thursday, May 27, 1999. The event was aimed at helping minority, small and female contractors, vendors and suppliers to understand the procurement policies and procedures of the City and to become more familiar with the City's requirements for goods and services. Improved and Revised Reports The Finance Department staff revised the reports to provide a broader view of the City's business activity with minority vendors. The revised reports provide an expanded view of the City 's successes with the targeted group in comparison with the total amount of business activity. Expanded Minority Database The MBC and City staff worked with an Old Dominion University intern to review and expand the City's existing database, with emphasis on the areas of construction, architectural and engineering services. (These areas appeared to have very low minority bidder participation). This increased the City's database by 327potential minority bidders. April 25, 2000 -8- PRESENT,4 TION MINORITY BUSINESS COUNCIL ITEM # 46503 (Continued) Conducted Forum with Local Contractors City staff met with several local area construction, architectural and engineering contractors on June 29, 1999, to brainstorm and develop ideas to improve minority sub-contractor participation in City's contracts, with the following outcomes: Their ideas contributed to the MBC goals for the upcoming year. Developed new Bid and RFP language to increase information from prime contractors on the intended use of minority sub-contractors. As a result of the ideas generated by the Forum, the language in City Bid and RFP documents was strengthened in an effort to acquire more specific information on prime contractor's efforts in using minority sub-contractors. Improved Awareness of City Staff All procurement processes are designed to work well within the limitations of the law. However, in order to recognize the value of the goals of the Minority Business Council and their role that education awareness and opportunity are achieved to the maximum degree possible, several steps were taken by the Purchasing Agent Rick Berry: Met with decentralized (departmental) purchasing staff to provide guidance on procurement. Met with his staff on a regular basis to insure that they were continually aware of the activities of the Minority Business Council and their role improving participation of minority, women-owned and small businesses in all aspects of their work. Met with the Department of Public Works/Public Utilities on several occasions to develop recommendations to improve participation of minority, women-owned and small business contractors and sub-contractors. Rick Berry, as President of National Institute of Governmental Purchasing, has been a stalwart supporter of the Council's goals both nationally and internationally. Chair Strayhorn cited the Goals for 2000 and Beyond. Improve procurement process to increase business to minority, women- owned and small businesses. Improve Outreach (Public Relations). Educate on procurement processes. Expand data base for women-owned, small and minority businesses. Keep abreast of developments in policies and laws regarding minority, women-owned and small businesses. Minority construction, goods and services awards increased in 1998-99from 4.08% to 5.59%. April 25, 2000 9 PRESENTATION MINORITY BUSINE$S CO UNCIL ITEM # 46503 (Continued) S UMMAR Y MINORITY BID & RFP Awards Exceeding $30,000 95/96 96/97 97/98 98/99 Construction and Goods & Services Total awards to minorities $ 2,881,379 $ 9,436,012' $ 3,001,166 $ 4,058,796 Totalawardstoallvendors $ 160,492,106 $ 117,526,013 $ 73,572,702 $ 72,580,353 % of total contract $ awarded 1.80% 8. 02% 4.08% 5.59% to minorities Department of Housing and Neighborhood Preservation Rehab Construction Total awards to minorities Figures $ 266,979 $ 166,175 $ 125,843 Total contracts awarded Unavailable $ 426,982 $ 604,541 $ 1,070,579 % of total contract $ awarded 62.52% 27.48% 11.75% to minorities Payments Total payments to minority $ N//A $ N/A $ N//A $ 1,811,354 vendors Total payments to all $ 90,410,585 competitive vendors % of total payments to 2.00% minority vendors A more fair and accurate measurement of the MBC's success can be found in its efforts to (i) increase the number of minority-owned, women-owned andsmall businesses on the City's bidders list, (ii) assist City staff in recognizing potential barriers to the participation of such businesses in the procurement process, and (ii) make such businesses more aware of procurement opportunities in the City. It is the MBC's belief that, over the long term, these efforts will not only increase the participation of minority-owned, woman-owned and small businesses in the procurement process, but will also result in the award ora greater percentage of City contracts to such businesses. Mayor Oberndorf expressed appreciation to Chair Strayhorn and the Minority Business Council. April 25, 2000 -lO- CITY MANAGER'S BRIEFING BEACHES AND WA TER WA YS COMMISSION 4:50 P.M. ITEM # 46504 Robert Matthias, Assistant to the City Manager, advised members of City Council have suggested an appointed advisory commission may be appropriate to more comprehensively deal with various policy and program issues related to the City's beaches and waterways. Also, City Council has an adopted policy to periodically review all Council appointed boards and commissions. The Virginia Beach Erosion Commission has existed since 1952. The Erosion Commission was transformed in 1989from a Governor-appointed, quasi-state agency to a Council-appointed City advisory commission. During this transformation its mission changed for an agency empowered to manage a workforce, real estate and a budget to an advisory commission for City Council on public beach creation and preservation. In 1996, the Erosion Commission ceased conducting regular meetings as its workload did not warrant continuation. The Policy Report is hereby made part of the record. The proposed mission statement for a potential Beaches and Waterways Commission was developed: The commission is appointed by City Council to review issues referred by the City Council involving he City s beaches and waterways and to make recommendations to the City Council as stewards of our most significant natural resources. Mr. Matthias advised the three (3) alternatives: Create a new board or commission as a successor to the Erosion Commission Assign Beaches and Waterways Issues to an existing Board or Commission Combine existing boards or commissions and assign beach and waterway issues to the new joint board or commission. Alternative 3, combining the existing Wetlands Board, Chesapeake Bay Preservation Area Board and the Erosion Commission, and assigning all beach and waterway issues to a new commission appears to be the most beneficial, efficient and practical recommendation. However, because of the potential necessity for legislative action and the difficulties anticipated in implementing Alternative 3, it is recommended that Alternative 1 be implemented at this time as an interim measure. It is recommended the size of the new commission be limited to seven (7) members with representation from each Council District, and that board members be paid $50.00 each for each meeting attended. It is recommended that one new full-time clerical position be created at the Secretary III level in the 2000-2001 Resource Management plan. Further, direct support for the new commission at $9,200 (seven members times 12 meetings at $50.00 each member, $15. O0 for advertising, letterhead, etc., plus $3,500for travel and training) per year should also be included in the Resource Management Plan for Budget Unit 10020. This will be an Advisory Board only. The Board will only consider matters assigned by the City Council. The staff work shall be completed and an appropriation Ordinance scheduled for a City Council Session on the proposed Beaches and Waterways Commission with appointments shall be scheduled to be effective July First. The Sunset Policy will be implemented in coordination with the City Attorney and City Clerk. Recommendations shall be brought to City Council for the Boards and Commissions regarding "sunset ". April 25, 2000 AGENDA -ll- RE VIE W SESSION 5:23 P.M. ITEM # 46505 J. 1 Ordinances to AUTHORIZE the acquisition of Agricultural Land Preservation.(ARP)_easements and the issuance by the City of its contract obligations: a. Robin D. and Bessie S. Davenport b. Mildred C. Furlough c. Mildred C. Furlough d. George B. and duanita F. Pendleton, Jr $285,876 $490,620 $31&903 $689,477 Council Lady McClanan will vote a Verbal Nay on this item. ITEM# 46506 Ordinance to AUTHORIZE a lease with The Beach Quarters Inn re a 22-foot strip abutting the west side of Atlantic Avenue for additional parking spaces. Councilman Jones inquired if this is a one-year lease with the option of the lessee to renew for four more years. The City Manager concurred and advised a 30-day notice for termination will be included. ITEM# 46507 Ordinance to TRANSFER $2,969 from the General Fund Reserve for Contingencies to the FY 2000 Operating Budget of the Sheriff's Department re reimbursing a Deputy Sheriff for legal fees and expenses incurred in defense of criminal charges while performing official duties. Council Lady McClanan expressed concern relative this item. Assistant City Attorney Randall Blow advised in the case of the Sheriff's employees, the City can apply to the State Compensation Board for reimbursement of two-thirds of the amount of the legal.fees. Therefore, the City will only be paying one-third of the legal fees. This is discretionary, as the State Code states, "the City may reimburse law enforcement officers for legal fees they incur in carrying out their duties ". ITEM # 46508 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES/RESOL UTION H. 1 Ordinances to AUTHORIZE the acquisition of Agricultural Land Preservation.(AP, P)._easements and the issuance by the City of its contract obligations: a. Robin D. and Bessie S. Davenport b. Mildred C. Furlough c. Mildred C. Furlough d. George B. and duanita F. Pendleton, ,Ir. $285,876 $490,620 $318,903 $689,477 April 25, 2000 - 12- AGENDA RE VIEW SESSION ITEM # 46508 (Continued) 17.2 Ordinance to AMEND Chapter 36, Article IV, of the City Code to streamline the process and AUTHORIZE the police department as the office to issue Certificates of public convenience and necessity re Taxicabs. H3 Ordinances granting operation of Open Air Cafes in the Resort Area: a. NEW FRANCHISES (1) Clearwater Investment Associates, L.P. t/a Sheraton Oceanfront Hotel Boardwalk Cafd 3501 Atlantic Avenue (2) Megabytes, L.L.C. Sidewalk Cafd t/a Salsa's Restaurant 812 Atlantic Avenue (3) AHA TA, L.L.C. Sidewalk Cafd t/a Pier 23 Restaurant 2224 Atlantic Avenue b. RENEWAL FRANCHISES (1) Virginia George Company, Inc. t/a Dough Boys California Pizza (2) Calabrese Management Group, Inc. t/a Albie's Pizza Sidewalk Cafd 2410 Atlantic Avenue Sidewalk Caf~ 200 21st Street (3) Planet Pizza, Inc. Sidewalk Cafd t/a Fish Bones Restaurant 812 Atlantic Avenue (4) Sunsations, Inc Sidewalk Cafd t/a Haagan-Dazs 21 O0 Atlantic A venue (5) Leeward Princess Ann Investment Assoc., L.L.C. t/a Marriott Courtyard VB Oceanfront Boardwalk Cafd 2500 Atlantic Avenue (6) Tampico Enterprises, Inc. Sidewalk Card t/a Abbey Road Restaurant 203 22~a Street (7) A. C.A. Corporation Sidewalk Cafd t/a Black Angus 706 Atlantic Avenue Ordinance to AUTHORIZE a lease with The Beach Quarters Inn re a 22-foot strip abutting the west side of Atlantic Avenue for additional parking spaces. Ordinance to TRANSFER $2,969 from the General Fund Reserve for Contingencies to the FY 2000 Operating Budget of the Sheriff's Department re reimbursing a Deputy Sheriff for legal fees and expenses incurred in defense of criminal charges while performing official duties. Ordinance to ACCEPT and APPROPRIATE $80, O00 from the Department of Criminal Justice Services to the FY 2000 Operating Budgets of the Office of Community Corrections and The Sher!ff's Department re additional personnel and associated equipment to meet the increased demand for pre-and post-trial services. Resolution REQUESTING the Virginia Beach Circuit Court issue a Writ of Election to the Secretary of the Virginia Beach Electoral Board and ordering a Special Election on the same date in the General Election in November 2000 re the vacancy in the office of Commonwealth's Attorney. April 25, 2000 - 13- ,4 GEND'4 RE VIE W SESSION ITEM # 46508 (Continued) J. 8. REFUNDS: a. LICENSE $18,485. 76 b. T`4X $ 7,387.58 Council Lady McClanan will vote a VERB,4L NAY on Item J. 1. April 25, 2000 -14- .4 GEND.4 RE VIE W SESSION ITEM # 46509 K. 1. Application of MIL TON.4. P.4LMER, SR., for an expansion of a nonconforming use at 309 Shipps Lane, containing 9,900 square feet. (BEACH- DISTRICT 6) This item will be DEFERRED INDEFINITEL Y, BY CONSENT. ITEM # 46510 K. 2 Application of JUDEO-CHRISTI.4N OUTRE.4CH CENTER, INC., for a Conditional Use Permit. for a group home expansion on the south side of Virginia Beach Boulevard, east of South Birdneck Road (1053 Virginia Beach Boulevard), containing 41,817. 6 square feet. (BEA CH- DISTRICT 6). Council Lady McClanan expressed concern relative the responses regarding the 'Junk cars". Council Lady McClanan wished the City Manager to review. This item will be clarified during the Formal Session. ITEM # 46511 Applications of OXFORD PROPERTIES, L.L.C., d/b/a/ D.4M NECK SELF STORAGE on the east side of General Booth Boulevard, north of Culver Lane (1874 General Booth Boulevard), containing 3,198 acres. (PRINCESS ANNE - restrict 7) Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-iA Limited Community Business District. b. Conditional Use Permit for mini-warehouses, office and apartment. Council Lady Henley requested this be REFERRED BACK TO THE PLANNING COMMISSION ITEM # 46511 K. 5. Application of WILLI.4MS HOLDING CORPORATION for a Change of Zoning District Classification from R-5D Residential Duplex District to B-2 Community Business District on the west side of Centerville Turnpike north of Kempsville Road re commercial land use for retail, office and other compatible uses, containing 14,505 square feet. (CENTER VILLE- DISTRICT 1) Council Lady Eure advised this item should be DEFERRED until May 9, 2000. ITEM # 46512 K. 6. Applications of ROBERT STEINHILBER and HERBERT,4. CULPEPPER at the Southwest intersection of Blackwater Road and Blackwater Loop, containing 320 acres (PRINCESS ANNE - DISTRICT 7). Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum pavement width for the proposed cul- de-sac re a proposed 26-foot pavement width and swales in lieu of curb and gutter to route stormwater runoff. b. Conditional Use Permit for an alternative residential development Council Lady Henley advised the applicant requested a two week deferral to May 9, 2000, City Council Session, as they were meeting with the Health Department to review some of the sites. April 25, 2000 - 15- AGENDA RE VIE W SESSION ITEM # 46513 K. 7. RECONSIDERATION: Changes of Zoning District Classifications (BEACH - DISTRICT 6) lost to negative vote March 7, 2000: COLLETT PROPERTIES, INC., and COLLETT CHESAPEAKE PARTNERS, L.L.C. from B-2 Communi_ty Business District to Conditional B-2 Community Business District at the Southeast intersection of Virginia Beach Boulevard and Parker Lane, containing 3.481 acres. COLLETT PROPERTIES, INC., from I-1 Industrial District to Conditional B-2 Community Business District on the East side of Parker Lane, beginning 150feet more or less South of Virginia Beach Boulevard, containing 8. 433 acres. There was confusion relative a request by the applicant for a DEFERRAL to the City Council Session of May 9, 2000. This application shall be discussed during the Formal Session. ITEM # 46514 K. 8 Application of the CITY OF VIRGINIA BEACH to AMEND Section 401 of the City Zoning Ordinance (CZO) re permitted uses in the AG-2 Agricultural Districts. NO ACTION IS REQUIRED BY CITY COUNCIL as this item was DEFERRED by the Planning Commission to their May 10, 2000 agenda. ITEM # 46515 BY CONSENSUS, the following items shall compose the PLANNING B Y CONSENT AGENDA. Application of MIL TON A. PALMER, SR., for an expansion of a nonconforming use at 309 Shipps Lane, containing 9,900 square feet. (BEACH - DISTRICT 6) Application ofM. M. GUNTER & SON, INC.,for a Conditional Use Permit for the expansion of an existing borrow pit east of Bernadotte Street beginning at 1100feet south of Seaboard Road (2 737 Seaboard Road), proposed expansion to add 15.14 acres to the existing 40.10 acres. (PRINCESS ANNE- DISTRICT 7) Applications of OXFORD PROPERTIES, L.L.C., d/b/a/ DAM NECK SELF STORAGE on the east side of General Booth Boulevard, north of Culver Lane (1874 General Booth Boulevard), containing 3,198 acres. (PRINCESS ANNE - DISTRICT 7) Change of Zoning District Classification from A G-2 Agricultural District to Conditional B-IA Limited Community Business District. b. Conditional Use Permit for mini-warehouses, office and apartment. Application of WILLIAMS HOLDING CORPORATION for a Change of Zoning District Classification from R-SD Residential Duplex District to B-2 Community Business District on the west side of Centerville Turnpike north of Kempsville Road re commercial land use for retail, office and other compatible uses, containing 14,505 square feet. (CENTERVILLE- DISTRICT 1) April 25, 2000 -16- ,4 GEND,4 RE VIE W SESSION ITEM # 46515 (Continued) K. 6. Applications of ROBERT STEINHILBER and HERBERT,4. CULPEPPER at the Southwest intersection of Blackwater Road and Blackwater Loop, containing 320 acres (PRINCESS ANNE- DISTRICT 7). Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum pavement width for the proposed cul- de-sac re a proposed 26-foot pavement width and swales in Heu of curb and gutter to route stormwater runoff. b. Conditional Use Permit for an alternative residential development Item K. 1. DEFER INDEFINITEL Y, B Y CONSENT Item K. 4. REFER B,4CK TO THE PL,4NNING COMMISSION, BY CONSENT. Item K. 5. DEFER until the City Council Session of May 9, 2000, BY CONSENT Item K. 6. DEFER until the City Council Session of May 9, 2000, BY CONSENT April 25, 2000 -17- ITEM # 46516 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSlON of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building,, on Tuesday, April 25, 2000, at 5.'33 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None April 25, 2000 -18- ITEM # 46517 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(,,1), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion , consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Boards and Commissions: Francis Land House Board of Governors Health Services Advisory Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held real property, for discussion in an open meeting which would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). Acquisition/Disposition of Property - Lynnhaven District Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into CLOSED SESSION. Voting: 1 O- 0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, William I,K. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III April 25, 2000 - 19- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 25, 2000 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 25, 2000, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None INVOCATION: Reverend Paul C. Bailey, D.D. Virginia Beach United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 2000, is hereby made a part of the record. April 25, 2000 Item VI-E. - 20 - CER TIFIC.4 TION OF CLOSED SESSION ITEM # 46518 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM g46517 Page 18, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. t(uth Hodges~mith, MMC City Clerk April25,2000 -21 - Item VII-F. 1. MINUTES ITEM # 46519 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council APPROVED the Minutes of the INFORIIlAL AND FORMAL SESSIONS of April 11, 2000. Voting: 11-0 Council Members Voting Aye: dohn A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 Item VII-F.2. - 22 - MINUTES ITEM # 46520 Upon motion by. Vice Mayor Sessoms, seconded by Council Lady Eure, City Council APPROVED the Minutes of the PUBLIC HEARING - RESOURCE M/INA GEMENT PLAN- April 13, 2000, "Community for a Lifetime"- Princess Anne High School INFORMAL AND FORMAL SESSIONS. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, }~illiam [Y. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Vice Mayor l~illiam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: None Council Members Parker and Weeks ABSTAINED, as they were absent during the City Council Session of April 13, 2000. April 25, 2000 Item VII-G. ADOPT AGENDA FOR FORMAL SESSION - 23 - ITEM # 46521 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 25, 2000 24- VII-H. 1. PRESENTATION ITEM # 46522 Mayor Oberndorf PROCLAIMED: May 6, 2000 Special Olympics Day Robert S. Miller, III,, Vice Chair - Area II Special Olympics, ACCEPTED the Proclamation. Anthony Sweeney, Athlete, sang the National Anthem. Special Olympics is an international movement of sports training and competition which gives children and adults who are mentally challenged an opportunity to develop their physical skills, display their abilities and most importantly, fulfill their human potential. The Area H Annual Track and FieM games, including Virginia Beach Special Olympics, will be held on Saturday, May 6, 2000, at Bayside High School in Virginia Beach. April 25, 2000 VII-H. 2. RECOGNITION - 25 - ITEM # 46523 Mayor Oberndorf recognized the Boy Scout in attendance to earn his merit badge for Citizenship and Community service. Troop 362 John G. Bradley (Accompanied by mother: Jane C. Bradley) Father, Stephen, is Scout Master April 25, 2000 VII-I.l.a. PUBLIC HEARING - 26- ITEM # 46524 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: REAL PROPERTY TAX INCREASE- Proposed The following registered to speak: Donald Knickles, 61- 24th Street, Phone: 428-2167 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. April 25, 2000 VII-I. 1. b /c/d/e/f PUBLIC HEARING -27- ITEM # 46525 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: RESOURCE MANAGEMENT PLAN- "Community for a Lifetime" TRANSIENT LODGING TAX AMENDMENT - Extension of existing TAX RA TE BONDS GENERAL OBLIGATION BONDS [Schools, Roadways, Coastal, Buildings, Economic Development, Convention and Tourism, Parks and Recreation and other public facility improvementsJ STORM WATER UTILITY BONDS WA TER and SE WER UTILITY RE VENUE BONDS FY2000-2001 OPERATING BUDGET FY 2000-2001 CIP CAPITAL BUDGET FY 2000-2001/2005-2006 C IP $ 49, 700, 000 $ 3, 900, 000 $ 7, 890, 000 $1,115,679,755 $ 135,224,540 $1,431,872,855 The following registered to speak: Michelle Groombridge, 2560 Pamlico Loop, Phone: 427-6406, spoke relative the Endependence Center Mary Puryear-Butler, 3300 Doncaster Road, Phone: 340-3300, spoke in Opposition to 313' Street development Muriel Duclay, 501 Front Street, 622- 7382, spoke in Opposition to the proposed Dolphin Tank at the Virginia Marine Science Museum Jennie Taylor, 409-202 Sea Point Court, Phone: 420-5653, spoke in Opposition to the proposed Dolphin Tank at the Virginia Marine Science Museum Ron Marater, 4304 Suber Court, Phone: 340-6464, spoke in Opposition to the proposed Dolphin Tank at the Virginia Marine Science Museum Bill Neely, 490 Piney Branch Court # 103, Phone: 43 7- 7024, spoke in Opposition to theproposed Dolphin Tank at the Virginia Marine Science Museum Sandra Wood, 4277 Blackwater Road, Volunteer with the Virginia Marine Science Museum, spoke in SUPPORT of their budget. Heather Moor, 1019 Young Cedar Court, spoke in Opposition to the proposed Dolphin Tank at the Virginia Marine Science Museum dannette Patterson, 918 Colonial Avenue #B, Phone: 622-4646, spoke in Opposition to the proposed Dolphin Tank at the Virginia Marine Science Museum Karen Porrecea, 1604 Hinton Court, Phone: 474-1491, spoke in Opposition to the proposed Dolphin Tank at the Virginia Marine Science Museum There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. April 25, 2000 VII-I.2. PUBLIC HEARING - 28- ITEM # 46526 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: .4 GRICUL TURAL PRESER VA TION PROGRAM (ARP) (Princess Anne - District 7) There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. April 25, 2000 - 29- VII-I. 3. PUBLIC HEARING ITEM # 4652 7 Mayor Meyera E. Oberndorf DECL,4RED .4 PUBLIC HEARING: TAXI FARE INCRE.4SE The following registered to speak in SUPPORT: Melvin Dozier, 184 South Plaza Trail, Phone; 486-6585, representing Beach Taxi. Andrew Felix, 1541 Beach View Drive, Phone: 467-4752. represented Andy's Cab Company There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. April 25, 2000 - 30- Item VII-J. ORDINANCES/RESOL UTION ITEM # 46528 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, ORDINANCES/RESOLUTION, 1, 2, 4, 5, 6, 7 and 8 of the CONSENT AGENDA. Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, Y~illiam W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NAY on Item 1 April 25, 2000 -31 - Item VII-J. 1. ORDINANCES/RESOL UTION ITEM # 46529 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances to AUTHORIZE the acquisition of Agricultural Land Preservation .(ARP) easements and the issuance by the City of its contract obligations: a. Robin D. and Bessie S. Davenport b. Mildred C. Furlough c. Mildred C. Furlough d. George B. and Juanita F. Pendleton, Jr. $285,876 $490,620 $318,903 $689,477 Voting: 10-1 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba $. McClanan Council Members Absent: None April 25, 2000 - 32 - Item VII4.2. ORDINANCES/RESOL UTION ITEM # 46530 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND Chapter 36, Article IV, of the City Code to streamline the process and AUTHORIZE the Police Department as the office to issue Certificates of public convenience and necessity re Taxicabs. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 Item VII4.3. - 33 - ORDINANCES/RE. SOL UTION ITEM # 46531 Barbara Messner, 1413 Kara Court, Phone; 422-1902, registered in OPPOSITION. Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council: ADOPTED: Ordinances granting operation of Open ,4ir Cafes in the Resort Area: a. NEW FRANCHISES (1) Clearwater Investment Associates, L.P. t/a Sheraton Oceanfront Hotel (2) Megabytes, L.L.C. Sidewalk Caf~ t/a Salsa's Restaurant (3) AHATA, L.L.C. Sidewalk Caf~ t/a Pier 23 Restaurant b. RENEWAL FRANCHISES (1) Virginia George Company, Inc. t/a Dough Boys California Pizza (2) Calabrese Management Group, Inc. t/a Albie's Pizza Planet Pizza, Inc. Sidewalk Caf~ t/a Fish Bones Restaurant Sunsations, Inc Sidewalk Caf~ t/a Haagan-Dazs Boardwalk Cafd 3501 Atlantic Avenue 812 Atlantic Avenue 2224 Atlantic Avenue Sidewalk Caf~ 2410 Atlantic Avenue Sidewalk Cafd 200 21st Street 812 Atlantic Avenue 2100 Atlantic Avenue (5) Leeward Princess Ann Investment Assoc., L.L.C. t/a Marriott Courtyard VB Oceanfront (6.) Tampico Enterprises, Inc. (7) A.C.A.Corporation Voting.- 11-0 Boardwalk Caf~ 2500 Atlantic A venue Sidewalk Caf~ t/a Abbey Road Restaurant 203 22~d Street Sidewalk Cafd t/a Black Angus 706 Atlantic A venue Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 - 34- Item VII-J. 4. ORDINANCES/RESOL UTION ITEM # 46532 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AUTHORIZE a lease with The Beach Quarters Inn re a 22-foot strip abutting the west side of Atlantic Avenue for additional parking spaces. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones', Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 - 35- Item VII-~.5. ORDINANCES/RESOL UTION ITEM # 46533 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $2,969 from the General Fund Reserve for Contingencies to the FY 2000 Operating Budget of the Sheriff's Department re reimbursing a Deputy Sheriff for legal fees and expenses incurred in defense of criminal charges while performing official duties. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 -36- Item VII-J. 6. ORDINANCES/RESOL UTION ITEM # 46534 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $80, O00 from the Department of Criminal Justice Services to the FY 2000 Operating Budgets of the Office of Community Corrections and The Sheriff's Department re additional personnel and associated equipment to meet the increased demand for pre-and post-trial services. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~ Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 -37- Item VII-J. 7. ORDINANCES/RESOL UTION ITEM # 46535 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution REQUESTING the Virginia Beach Circuit Court issue a Writ of Election to the Secretary of the Virginia Beach Electoral Board and ordering a Special Election on the same date in the General Election in November 2000 re the vacancy in the office of Commonwealth's Attorne_v. 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 Item VII-J.& ORDIN/INCES/RESOL UTION Upon motion by Vice Mayor Sessoms, - 38- ITEM # 46536 seconded by Councilman Branch, City Council .4PPROVED: REFUNDS: LICENSE TAX $1&4,5.76 $ 7,387.58 Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 Item VII-K. - 39- PLANNING ITEM # 4653 7 PLANNING 1. MIL TON A. PALMER EXPANSION OF .4 NON- CONFORMING USE 2. JUDEO-CHRISTIAN OUTREACH CENTER, INC CONDITIONAL USE PERMIT 3. M.M. GUNTER & SON, INC. CONDITIONAL USE PERMIT 4. OXFORD PROPERTIES, L.L.C. CONDITIONAL CHANGE OF ZONING AND CONDITIONAL USE PERMIT 5. WILLIAMS HOLDING CORPORATION CHANGE OF ZONING 6. ROBERT STEINHILBER AND HERBERT A. CULPEPPER VARIANCE AND CONDITIONAL USE PERMIT 7. COLLETT PROPERTIES, INC. AND COLLE TTE CHESAPEAKE PARTNERS, L.L. C. AND, COLLETTE PROPERTIES, INC. RECONSIDERATION (CHANGES OF ZONING) 8. CITY OF VIRGINIA BEACH CHANGE OF ZONING April 25, 2000 Item VII-K. - 40- PLANNING ITEM # 46538 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items 2, 3, 4 (REFER BACK TO PLANNING COMMISSION), 5 (DEFERRED) and 6 (DEFERRED) of the PLANNING BY CONSENT. Item 8 did not require action. Item 4 was REFERRED BACK TO THE PLANNING COMMISSION, BY CONSENT. Item 5 was DEFERRED, BY CONSENT, until the City Council Session of May 9, 2000. Item 6 was DEFERRED, BY CONSENT, until the City Council Session of May 9 2000. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 Item VII-K. 1. PLANNING - 41 - ITEM # 46539 The following registered in OPPOSITION: Beverly A. Woodhouse, 420 Cronin Road, Phone: 486-6420 Barbara Woodhouse, 809 Boxhill Court, Phone: 467-1850 Upon motion by Councilman Branch, seconded by Councilman Jones, City Council DEFERRED INDEFINITEL Y, Application of MIL TON A. PALMER, SR., for an expansion of a nonconforming use Request for an expansion of a non-conforming use on the west side of Shipps Lane, north of Virginia Beach Boulevard Property is located at 309 Shipps Lane and contains 9,900 square feet. BEACH- DISTRICT 6. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 Item VII-K.2. PLANNING ITEM # 46540 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of JUDEO-CHRISTIAN OUTREACH CENTER, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JUDEO-CHRISTIAN OUTREACH CENTER, INC FOR A CONDITIONAL USE PERMIT FOR A GROUP HOME EXPANSION R04003036 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Judeo-Christian Outreach Center, Inc. for a Conditional Use Permit for a group home expansion on the south side of Virginia Beach Boulevard, east of South Birdneck Road (GPIN #2417-65- 2620). Said parcel is located at 1053 Virginia Beach Boulevard and contains 41, 817. 6 square feet. DISTRICT 6 - BEACH The following conditions shall be required: The proposed expansion will be developed strictly in keeping with the renderings entitled " Judeo-Christian Outreach Center" prepared by Leland R. Luper Jr., dated February 21, 2000. The proposed expansion will be developed within the area designated for the expansion on the submitted plan entitled "Judeo-Christian Outreach Center ", dated February 21, 2000. 3. No additional residential density will be permitted as a result of the proposed expansion of the facility. Construction of the project is to be done in a timely manner. An appropriate staging area must be designated on the submitted building plans which does not encumber any of the existing parking areas and which is entirely on property owned by the Judeo-Christian Outreach Center, Inc. A variance to the parking deficiency created by this expansion must be approved by the Board of Zoning Appeals prior to the issuance of any site improvement or building permits. 6. Any inoperable cars shall be removed within forty-eight (48) hours. This Ordinance shall be effective in accordance with Section 107 (D of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth Of April, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 Item VII-K. 3. - 43 - PLANNING ITEM # 46541 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application M. M. GUNTER & SON, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF M. M. GUNTER & SON, INC. FOR A CONDITIONAL USE PERMIT FOR AN EXPANSION OF AN EXISTING BORROW PIT R0400303 7 BE IT ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of M. M. Gunter & Son, Inc. for a Conditional Use Permit for the expansion of an existing borrow pit 500feet more or less east of Bernadotte Street, beginning at a point 1100feet more or less south of Seaboard Road. Saidparcel is located at 2 737 Seaboard Road and contains 55.24 acres (existing borrow pit is 40.10 acres and proposed expansion area is 15.14 acres). PRINCESS ANNE - DISTRICT 7 The following conditions shall be required: No excavation or restoration of the borrowpit expansion shall be allowed without first obtaining any necessary permits from the appropriate Federal, State and Local Agencies, required as a result of the expansion of the existing borrow pit operation. In addition, the applicant shall obtain a Non-Metallic Mineral Mining General Permit from the Department of Environmental Quality for the proposed expansion. No excavation or restoration of the borrow pit shall commence until such time that a site plan has been reviewed and approved by the Development Services Center. In addition, all required landscaping shall be installed prior to any land disturbance for the borrow pit expansion. The hours of operation shah be from 7:00 a.m. to 5:00p. m., Monday through Saturday only. There shall be no Sunday operation of the borrow pit. The maximum depth of the proposed expansion shah not exceed an elevation of-37. O feet from elevation O. 00. The overall depth of the borrowpit expansion shall not exceed 47feet as measured from existing grade (approximately elevation 10. 0). The applicant shall establish the 3:1 slope, as indicated on "Cross-Section A-A " of theplan exhibited to City Council, with in two weeks of completion of each one-hundred foot "box-cut" section of the borrow pit. 6. The expansion and restoration of the borrow pit shall be in accordance with the plans exhibited the City Council and entitled "M.M. Gunter Borrow Pit at Seaboard Road, Virginia Beach, Virginia ", dated June 8, 1998, and prepared by Mel Smith & Associates, Consulting Engineers - Land Surveyors - Planners. All existing and proposed berms, trees and shrubbery material exhibited on the submitted site plan shall be properly maintained as previously installed or as approved with this application. Wax Myrtle shah be substituted for the Lagustrum indicated on the submitted site plan. This plant species is indigenous to the area and will provide a better buffer material. April 25, 2000 Item VII-K. 3. - 44 - PLANNING ITEM # 46541 (Continued) Any approved site plan, issued by the Development Services Center, shall include a specific street and highway contingency plan that addresses the repair and replacement of any damaged roadway surfaces associated with the borrow pit operation. In addition, the approved site plan shall detail the truck watering schedule currently utilized for the abatement of dust generated by this operation. This Ordinance shall be effective in accordance with Section 107 OO of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of April, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, I'Villiam W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 Item VII-K. 4. PLANNING - 45 - ITEM # 46542 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council REFERRED BACK TO PLANNING COMMISSION Applications of OXFORD PROPERTIES, L.L.C., d/b/a/ DAM NECK SELF STORAGE for a Conditional Change of Zoning and Conditional Use Permit: AND, ORDINANCE UP ON APPLICA TION OF OXFORD PR OPER TIES, L.L. C., D/B/A DAM NECK SELF STORAGE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FR OM A G-2 TO CONDITIONAL B- lA Ordinance upon application of Oxford Properties, L.L. C., d/b/a Dam Neck Self Storage for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-IA Limited Community Business District on the east side of General Booth Boulevard, north of Culver Lane (GPIN #2415-31-8553; #2415-31-6485). The proposed zoning classification change to Conditional B-iA is for lot intensity commercial land use. The Comprehensive Plan recommends use of this parcel for suburban residential medium and high density compatible with townhouse and multi-family use in accordance with other Plan polices. Said parcel is located at 1874 General Booth Boulevard and contains 3.198 acres. PRINCESS ANNE - DISTRICT 7. ORDINANCE UPON APPLICATION OF OXFORD PR OPER TIES, L.L. C. D/B/A DAM NECK SELF STORAGE FOR A CONDITIONAL USE PERMIT FOR MINI- WAREHO USES Ordinance upon application of Oxford Properties, L.L. C., d/b/a/Dam Neck Self Storage for a Conditional Use Permit for mini-warehouses on the east side of General Booth Boulevard, north of Culver Lane (GPIN #2415-31- 8553). Said parcel is located at 1874 General Booth Boulevard and contains 3.198 aces. PRINCESS ANNE- DISTRICT 7. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 - 46- Item VII-K. 5. PLANNING ITEM # 46543 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL THE CITY COUNCIL SESSION OF MAY 9, 2000, Ordinance upon application of WILLIAMS HOLDING CORPORATION for a Change o£ Zoning District ORDINANCE UPON APPLICATION OF WILLIAMS HOLDING CORPORATION FOR A CHANGE OF ZONING FROM R-5D TO B-2 Ordinance upon application of Williams Holding Corporation for a Change of Zoning District Classification from R-5D Residential Duplex District to B-2 Community Business District on certain property located on the west side of Centerville Turnpike, 450 feet more or less north of Kempsville Road (GPIN #1455-82-4268). The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for retail, office and other compatible uses within commercial centers in accordance with other Plan policies. Said parcel contains 14,505 square feet. DISTRICT 1 - CENTER VILLE. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 -47- Item VII-K. 6. PLANNING ITEM # 46544 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL THE CITY COUNCIL SESSION OF MAY 9, 2000, Ordinance upon application of ROBERT STEINHILBER and HERBERTA. CULPEPPER for a Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum 30-foot pavement width for the proposed cul-de-sac re a proposed 26- foot pavement width and swales in lieu of curb and gutter to route stormwater runoff and a Conditional Use Permit. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, subdivision for Robert Steinhilber & Herbert A. Culpepper. Property is located at the southwest intersection of Blackwater Road and Blackwater Loop (GPIN #1389- 72-5323; #1389- 71-5307; #1399-00-0478) PRINCESS ANNE - DISTRICT 7 A ND, ORDINANCE UPON APPLICATION OF ROBERT STEINHILBER & HERBERT A. CULPEPPER FOR A CONDITIONAL USE PERMIT FOR AN AL TERNA TIVE RESIDENTIAL DEVELOPMENT Ordinance upon application of Robert Steinhilber & Herbert A. Culpepper for a Conditional Use Permit for an alternative residential development on certain property located at the southwest intersection of Blackwater Road and Blackwater Loop (GPIN #1389- 72-5323; #1389- 71-5307; #1399-00- 0478). Said parcel contains 320 acres. PRINCESS ANNE - DISTRICT 7. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 Item VII-K. 7. - 48- PLANNING ITEM # 46545 The following registered in SUPPORT of the application: Attorney R. d. Nutter, 4425 Corporation Lane, Phone: 518-3200, requested a two-week deferral until the City Council Session of May 9, 2000. Reverend Tommy Taylor Barbara Messner, 1413 Kara Court, Phone: 422-1902 dames Campbell, 2704 Hood Circle, Phone: 496- 7056, represented the Great Neck Council of Civic Leagues The following registered in OPPOSITION Robert Taylor, 908 Cavalier Drive, Phone: 422-2800, was OPPOSED to the application, but not the DEFERRAL. Vanda Dunn, 2929 Summerhaven Road, Phone: 496-6911, was OPPOSED to the DEFERRAL. Phil Wellmen, 3038 Bray Road, Phone: 340-0588, Cape Henry Hardware, submitted a petition of over 840 signatures in OPPOSITION. Said petition is hereby made apart of the record Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council DEFERRED UNTIL THE CITY COUNCIL SESSION OFMA Y 9, 2000, RECONSIDERATION of COLLETTPROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C. AND COLLETT PROPERTIES, INC. for Conditional Changes of Zoning (lost to a negative vote March 7, 2000): ORDINANCE UPON APPLICATION OF COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM B-2 to CONDITIONAL B-2 Ordinance upon application of Collett Properties, Inc. and Collett Chesapeake Partners, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District to Conditional B-2 Community Business District on certain property located at the southeast intersection of Virginia Beach Boulevard and Parker Lane (GPIN #1497- 84-3948, #1497-84-5907, #1497-84-7994, #1497-85-6190, #1497-85- 8140, #1497-85-9152, #1497-95-0152, #1497-95-0050). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for retail, office and other compatible uses in accordance with other Plan policies. Said parcel contains 3.481 acres. BEACH- DISTRICT 6. AND, ORDINANCE UPON APPLICATION OF COLLETT PROPERTIES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO CONDITIONAL B-2 Ordinance upon application of Collett Properties, Inc. for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District on certain property located on the east side of Parker Lane beginning at a point 150feet more or less south of Virginia Beach Boulevard (GPIN #1497-84-3855, #1497-84-8654, #1497-84-5907, #1497-84-7994). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for light industrial, business parks and other compatible uses. Said parcel contains 8.433 acres. BEA CH- DISTRICT 6. April 25, 2000 - 49 - Item VII-K. 7. PLANNING ITEM # 46545 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harrison DISCLOSED, pursuant to Section 2.1-639.14(G), of the Code of Virginia, he is a partner in the law.firm of Willcox & Savage, earning an annual income from each entity in excess of $1 O, 000, and represents Fuel Feed Plaza Home Center, Incorporated ("Fuel Feed "), which owns a Taylor's Do-it Center located on Laskin Road within approximately three miles of the proposed Lowe's Home Improvement Center. The officers of Fuel Feed have indicated their concern that the construction of the Lowe's Home Improvement Center will have a detrimental economic impact on their Laskin Road store. Councilman Harrison wished to disclose this interest and declare he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Harrison's letter of April 24, 2000, is hereby made a part of the record. April 25, 2000 Item VII-L. 1. - 51 - APPOINTMENTS ITEM # 4654 7 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Dorinda Bunch Unexpired term thru 3/31/01 FRANCIS LAND HOUSE BOARD OF GOVERNORS Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 Item VII-L. 2. - 52 - APPOINTMENTS ITEM # 46548 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Ronald J. Wiles, M.D. Unexpired term thru 3/31/03 HEAL TH SER VICES AD VISOR Y BOARD Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 25, 2000 Item VII-N. 1. - 53 - NEW B USINESS ITEM # 46549 BY CONSENSUS, the City Clerk shall record: ABSTRA CT OF CIVIL CASES RESOLVED - MARCH, 2000 April 25, 2000 - 54- Item VII-O. AD JO URNMENT ITEM # 46550 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:50 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April 25, 2000 Cit.v CITY COUNCIL MAYOR MEYER,4 E. OBERNDORF, At-Laree 17CE MA YOR IFTLLDIM D. SESSOMS, JR., At-La,~e JOHN A. BA UM, At-~rg~ LINWOOD O, B~NCft, IH, Dismct 6-Beach MAR(iA~T L. EU~, Dtm'tct l-Centcn'illc WTLLL4M IK IL4~ISON, JR, Dt.qnct 5-Lvnnhaven B.'t~A~ M. HENLEY, Dtst.ct 7 -Pnncess Anne LOUIS R. JONES, D~stnct 4-Bqvsute ~BA S. McCI.4NAN, D~st.ct J-Rose ltall ,X~4,X~V K ~4~ER, A.M (DON) W~EKS. Dimict 2-Kcmp~'ilh' .7. t.lfE$ K. SPORE. (;it3' Manaec, LESLIE L. LILLE}: City,4ttor,wv R[ ZTtf ttOD(;ES-SMITtL City Ch'~k of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY IIAI.L BUII.I)IN(; 2401 COUI~Tll(II.'$E DRIVE VfR(;INJA IIEACII. VIRGINIA PIIONE: (757).t27-4304 (7.57) I(M, III,' Ctvcncl,acilv. x i~2inia-bc~tch.~a. Hx April 25, 2000 I. BUDGET WORKSHOP - Conference Room - 2:00 PM ho Cultural and Recreational Opportunities Family and Youth Opportunities Policy and Decision Support II. PRESENTATION ho Minority Business Council Annual Report - Louisa M. Strayhorn, Chair III. CITY MANAGER'S BRIEFING Beaches and Waterways Commission Robert R. Matthias, Assistant to the City Manager Phillip J. Roehrs, Coastal Engineer Beach Management IV. REVIEW OF AGENDA ITEMS V. CITY COUNCIL COMMENTS VI. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $285,876 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $285,876; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 5.40% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 7.40% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. 61 62 63 64 65 66 67 68 The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 69 7O 71 72 73 74 75 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on this 25 day of April , 2000. Adoption requires an affirmative vote of a majority of all members of the City Council. CA-00-7679 wmm~ordres~davenport.orn R-1 April 13, 2000 78 79 80 81 APPROVED AS TO CONTENT: ~gri culture~ ~e~rtme~ APPROVED AS TO LEGAL SUFFICIENCY: 82 83 84 CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Fin~~) AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTUP-AL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $490,620 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $490,620; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 5.75% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 7.75% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. 2 61 62 63 64 65 66 67 68 The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to .issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 69 7O 71 72 73 74 75 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on this 25 day of April , 2000. Adoption requires an affirmative vote of a majority of all members of the City Council. CA-00-7680 wmm~ordres~furloughl.orn R-1 April 14, 2000 78 79 80 81 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L~w Department 82 83 84 CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of F ~ 3 2 3 4 5 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTUP~AL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTP_ACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $318,903 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $318,903; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 5.75% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 7.75% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. 61 62 63 64 65 66 67 68 The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 69 7O 71 72 73 74 75 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on this 25 day of April , 2000. Adoption requires an affirmative vote of a majority of all members of the City Council. CA-00-7681 wmmkordreskfurlough2.orn R-1 April 14, 2000 78 79 80 81 APPROVED AS TO CONTENT: ~Agricul tu~e Departm~t' APPROVED AS TO LEGAL SUFFICIENCY: Law Department 82 83 84 CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Fi ~) AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTUR3~L LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $689,477 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement $689,477; and WHEREAS, for a purchase price of the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 5.50% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 7.50% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. 2 61 62 63 64 65 66 67 68 The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 69 7O 71 72 73 74 75 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on this 25 day of April , 2000. Adoption requires an affirmative vote of a majority of all members of the City Council. CA-00-7678 wmmkordres~pendleton.orn R-1 April 13, 2000 78 79 80 81 APPROVED AS TO CONTENT: r ~'~ e Department APPROVED AS TO LEGAL Law Department 82 83 84 CERTIFIED AS TO AVAILABILITY OF FUNDS: Dir%ctor of F~'nance ~o~ 3 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 AN ORDINANCE TO AMEND CHAPTER 36, ARTICLE IV OF THE CITY CODE PERTAINING TO TAXICABS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 36, Article IV of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: ARTICLE IV TAXICABS ~ ~ ~T~ ~ DIVISION 1. aENERALLY Sec. 36-67. Definitions. The following words and terms, when used in this article, shall have the meanings set forth in this section: For hirc car. "For ~ ......... ~ ~"'"~ ...... City manaqer means the city manaqer or his or her duly authorized desiqnee. Chief of police means the chief of police or his or her duly authorized desiqnee. Certificate means a certificate of public convenience and necessity issued under this article. O~er~wncr~ includes the purchaser of any vchiclc taxicab under a reserve title contract and the lessee of any ~ taxicab. Taxicab. "~-~" ....... ~ ~--~- any ........ , , h~ ~l ..... 2 ~ ..... ~ '"~ ~ ~'~-~ d i hicl d ~ ~=~w~ ..... ~.. ~ ~ ......~. means any motor- r yen ye e use 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 for the transportation for hire of passenqers and equipped with a taximeter. Taximeter. instrument or ........ et~ means any mechanical or electronic device by which taxicab fares are computed and plainly indicated. Sec. 36-68. Application of and compliance with article. The operation and driving of taxicabs and for hirc cato upon the streets of the city shall be subject to the conditions, regulations and restrictions set forth in this article. It shall be unlawful for any person to operate or drive, or cause to be operated or driven, within the city, any taxicab or for hirc car, unless the conditions, regulations and restrictions set forth and prescribed in this article have been and are complied with by the owner and driver thereof. Sec. 36-69. Liability insurance. No taxicab or for hire car shall be operated within the city unless the owner and thc driver thereof are protected by liability insurance, issued by a company authorized to do business in this state, in the sum of at least one hundred thousand dollars ($100,000.00) for injury to or death of any one person, three hundred thousand dollars ($300,000.00) for injury to or death of more than one person in any one accident= and ten ~ ~ ~O) . twenty-five thousand dollars ,v~v,0 .... ($25,000 00} for property damage. Satisfactory evidence shall be filed with the commissioner of the revenue establishing that such insurance is in effect. Sec. 36-71. False, etc., calls for or in regard to service. It shall be unlawful for any person to make improper, false or unauthorized calls for, or in regard to, the services of any taxicab or ~-- hire car 6O 61 62 Sec. 36-72. Maintenance and inspection of vchiclcm. (a) Every taxicab and for hirc car operated in the city shall be kept in good, clean, neat and safe condition and appearance. 63 64: 65 66 (b) operated in the findings. It shall be the duty of the chief of police, ~ his to make inspections of taxicabs ~-~ ~-~ ~ city and to maintain records of his or her 67 68 69 70 71 72 73 74 75 76 77 Sec. 36-79. Driver to be near ~ taxicab while awaiting passengers at stand. Drivers of taxicabs or for hire cars awaiting passengers at a taxicab cr for hirc car stand shall at all times be within three (3) feet of the front door of their vchiclcs taxicabs. 78 79 80 81 82 83 84 85 86 87 88 89 Sec. 36-80. Parking or stopping on public property while awaiting employment; ........ ~. It shall be unlawful for the driver of any taxicab or for hirc car to park or ~-~ stop such ~'~'~ taxicab '.'~ ~ ...... ~ ~ ~ t--~'' y p bli ..... ~ ~ ......... .... ~men , on an u c street ~ . ~ ~m~ ~m~ ~--3 ~ .................... ~ for the purpose of ckinq up or discharqinq a passenqer(s) if doing so would create a potential safety hazard for other motorists, pedestrians or the taxicab's passenqer(s), or would otherwise violate state or local traffic laws. 90 91 92 93 94 Sec. 36-81. Limitation on carrying passengers. No more than one passenger shall be transported in a taxicab or for hire car at one time, without the consent of the person first engaging the vehicle taxicab, and nonpaying passengers shall not be transported with paying passengers. 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 Sec. 36-82. Refusal of passengers. Drivers of taxicabs or ~-- ~-- ........ cars shall not refuse to carry an orderly person anywhere within the city, unless previously engaged or unable to do so and except as provided in section 36-176. Sec. 36-84. Permitting passengers to enter or leave on traffic side of ~ taxicab. No driver of a taxicab or for hlrc car shall willfully permit any passenger to enter or leaveo=~ ~-~clcv~ the taxicab on a public way on the left side of the vehicle taxicab, except on one-way streets when such vehicle the taxicab is lawfully stopped on the left side of the street for the purpose of taking on or discharging a passenger, nor shall such driver willfully permit any passenger to enter or leaveo=~ ~~~=~=~ the taxicab on a public way on the right side of such vehicle the taxicab, except when such vehicle the taxicab is lawfully stopped on the right side of the street for the purpose of taking on or discharging a passenger. Sec. 36-85. Driver's trip records. Each driver of a taxicab or for hire car shall keep a clear= and neat record of the origin and destination of all trips or calls~ and the time thereof and the fare paid therefor, which records shall be open at all times to any law-enforcement officer and shall be kept for a period of one year. 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 Sec. 36-86. Central dispatch records or manifests. Every certificate holder operating ---m~-~ ....... es a taxicab or taxicabs under this article shall keep and maintain in the city, at the place of his or her central dispatch location, a manifest or permanent record, written or printed in ink, and in a form prescribed by the chief of police, showing for each day the number of vchiclcs taxicabs operated, the driver of each vchiclc taxicab, the origin and destination of each trip made by each ~'-m~le taxicab, the time of each such trip and the amount charged for each such trip. The manifests or records shall be delivered to the police department, upon demand of the chief of police, for inspection by the chief of police or any member of the police department. All such manifests and records shall be prcscrvcd maintained for at least twelve (12) months and shall be available for inspection at all reasonable times by the chief of police or any member of the police department. DIVISION 2. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Sec. 36-96. Required; reciprocity. It shall be unlawful for any person to operate or cause to be operated, within the city, any taxicab or for hire car, unless a certificate -~ ~"~ ........ ~ ...... ~ ...... ~ty v= ~ ............................... therefor has been issued to the owner thereof in accordance with the provisions of this division or unless the taxicab is beinq operated pursuant to a contract with a public agency, a copy of which must be kept in the taxicab at all times. Nothing contained herein shall prohibit a taxicab or for hire car duly licensed in another city or county from delivering a passenger to some location in this city, provided the passenger was picked up outside the limits of thc this city and 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 ~ ...... d the taximeter is in operation while any such taxicab is in operation in this city. ~ ~ .... icgcs to .... ~ Sec. 36-97. Application generally. Any person desiring a certificate ~ ...... z .... s ......... shall make written application therefor to the ~ ......... ~ ~ ~z ........ chief of police upon a form approved by the ~ ............ ~ ~-- authcrizad a~cnt chief of police, giving the name, age, business address and residence of the applicant and such additional information as is may be required as tc concerning the make, description and condition of the vchiclc taxicab proposed to be operated and as to the character and responsibility of the app 1 i c ant. Sec. 36-98. Applicant's ~alifications. No certificate required by this division shall be granted to a person who is under eighteen (18) years of age~ or tca pcrscn been a repeated and persistent violator of the traffic and safety provisions of this Code and other ordinances of the city, or who has been determined by the chief of police to be morally or 175 mentally unfit to receive a certificate. To assist the chief of 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 police in makinq the determination required herein, each applicant for a certificate shall authorize the chief of police, in writinq, to obtain information concerninq the applicant's criminal history and drivinq record. Sec. 36-99. Financial information to be submitted by applicant. (a) Every person applying for a certificate undcr this ~'~-- shall submit, with his or her application, a statement of assets and liabilities and a statement of income and expenses=~ ........ ag Such statements shall provide detailed information of operating revenues, and shall specifically thc item include gross fare revenue and expenditures and a statement of changes in financial position= ........... ~ ......... that Any a4%y income or expenses which have been allocated from a related, controlled or affiliated entity must also be disclosed= or, in In the event that such an applicant, at the time of application, has not been in operation for a full fiscal year, ~ ............... ~ ........ ff ......... ~ .... zon, on the a cant must submit a ~ ...... ng statement of assets and liabilities= and a statement of income and expenses= and a statement of changes in financial position, cstimatcd prorated for that portion of the fiscal year ~^~ -'~ ...... ~ w .......... q ..... to .... ~ ...... the applicant has been in operation. In the event an applicant, at the time of application, has not previously been in operation, the applicant must submit a beqinninq statement of assets and liabilities. 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 (b) Ail financial statements required by this section shall be ~~ ~ ...... ~~**~ .... with submitted on forms prepared by the director of finance and approved by the city manager. Sec. 36-100. Issuance of certificate. ~ ..... upon ..... direction. (a) The chief of police shall consider each application for a certificate. If the chief of police determines that the applicant meets the criteria set forth in this division and deems 217 218 219 220 221 222 223 224 225 226 227 228 that the public convenience and necessity will be served by the proposed taxicab, he or she shall issue such certificate for a period not to exceed one (1) year. (b) Any applicant who is denied a certificate by the chief of police may appeal such decision to the city manaqer. (c) If the decision of the chief of police to deny a certificate is upheld by the city manaqer, an applicant may appeal the decision of the city manaqer to the city council. Sec. 36-102. Transfer. Cer cates i ................ ......... sha be transferable, with the approval of the~ ......... ~~ chief of police, provided that the person to whom a certificate is transferred and the 229 230 taxicab(s) to which it applies shall, in all respects, be in compliance with the provisions of this article. 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 Sec. 36-103. Revocation or suspension Any certificate~~~ ..... ~ "~^~**~ ~-~**~ ~'~~** may be revoked or suspended, at any time, by the city council chief of police for any of the following causes: (1) Failure to operate the taxicab cr fcr hirc car specified in the certificate. (2) Failure to maintain taxicabs or~ **~ ..... ~ in good order and repair. (3) Failure to pay the personal property tax or other taxes due to the city or to the state. (4) Failure to maintain insurance as required by section 36-69. (5) Failure to report any accident as required by law. (6) Repeated ~ailure of the drivers of ~-~ ...... les taxicabs covered by the certificate to be courteous at all timc~ to stay neat in appearance ......... ~ ~ (7) Repeated failure of the drivers of taxicabs covered by the certificate to respond to calls for service in a timely manner. (~) Failure of drivers of vchiclcs taxicabs covered by the certificate to have and exhibit the taxicab driver's permit in the vchiclc taxicab, as required by this article. Repeated and pcrsistent violations, by drivers, of thc state and local laws relative to traffic and safety. 9 (9) 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 (lO) (ii) ~'~- Employinq or leasinq a taxicab to a driver who is ~- ~ **~_~.,-~ ..... ,.~,_ does not meet the qualifications set forth in section 36-98. Wilful or continued failure to comply with any provision of this article or any other law or ordinance regulating the operation of taxicabs an~ for hire cars within the city. DIVISION 3. VEHICLE LICENSE Sec. 36-111. Required. It Except as provided in section 36-96, it shall be unlawful for any person to operate or cause to be operated, within the city, any taxicab or for hire car unless a current city license therefor has been issued to the owner thereof ~ ..... ~^~ m~ Sec. 36-112. Payment of tax. The owner of a taxicab or for hire car shall pay a city license tax thereon as provided in section 18-105 of this ~ode. Sec. 36-113. Prerequisites to issuance. No license for a taxicab or for hirc car shall be issued~ unless the applicant presents, to the commissioner of the revenue, his or her state motor vehicle registration card, A certificate of ~ .............. cncc .... scccsa~ty issued p~rs~ant to division 2 of this article and evidence of insurance meeting the requirements of section 36-6~. 10 289 290 291 292 293 294 295 296 297 298 299 3OO 301 302 303 304 305 306 307 308 309 310 311 312 313 314 Sec. 36-114. Issuance and contents of ~ decal. ~ Upon the payment of the prescribed license tax and compliance with section 36-113, the commissioner of the revenue shall furnish the owner of the taxicab or for hirc car in question with a license ~^ decal for such ~^~-~^ taxicab. The license w .... decal shall have displayed upon it the license number assigned to the particular taxicab ~ ~ m~ .......... car, the name of the city, which may be abbreviated, and the year for which issued. (b) Any person holdinq a current certificate may obtain licenses for additional or replacement taxicabs; provided, however, that prior to the issuance of any such license, the commissioner of the revenue shall require proof that each taxicab has been certified by the chief of police to be in qood order and repair, and that each taximeter has been certified by the chief of police to be properly calibrated. Sec. 36-115. Issuance, contents and exhibition of tax assessment slip. The commissioner of the revenue shall issue, with each license m .... decal issued under this division, a tax assessment slip showing the name and address of the owner, the year, make, model and motor number of the ~'~m~clc taxicab for which ~m~ ~ ..... ~ it was issued~ and the number of such license decal. Such slip shall be receipted by the city treasurer, when the tax is paid, and exhibited by the driver of the vchiclc taxicab for which it was issued at any time upon the request of any law-enforcement officer 11 315 316 317 318 319 320 321 322 323 324 325 326 Sec. 36-116. Display of ~ decal. A license~-a~- decal issued under this division shall be securely attached to the rear bumper of the taxicab or for hire car for which it was issued. It shall be unlawful for any person to knowingly use any such license ~ ~c decal on any motor vehicle other than the meter vehicle taxicab for which it was issued or to which it has been transferred as provided in section 36-117. Sec. 36-117. Transfer of ~ decal. A license~ decal issued under this division may be transferred by an owner from one vehicle owned by him to another vehicle owned by him, upon the payment of a one dollar ($1.00) transfer fee. 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 Sec. 36-118. Replacement of lost plate or destroyed decal. Any person ~^~ his whose original license ~ ~ ..... ~ ~ ~ division decal is lost or destroyed may secure a new ~c decal by making affidavit to the commissioner of the revenue that the original ~ ~ .... decal has been lost or destroyed and that the chief of police has been notified of such loss or destruction, and by paying a fee of one dollar ($1.00). DIVISION 4. TAXICAB DRIVER'S PERMIT Sec. 36-136. Required. (a) It shall be unlawful for any person to drive any taxicab or for~m~ ..... ~ unless a current ~'~m~ ~ ..... vehicle taxicab driver's permit has been issued to such person under the provisions of this division. (b) It shall be unlawful for the owner of any taxicab or for hire car to permit such taxicab or for hire car to be driven by any person who does not have a valid and effective ~"~ .... m~ 12 343 344 taxicab driver's permit issued pursuant to the provisions of this division. 345 346 347 348 349 350 351 Sec. 36-137. Filing and contents of taxicab driver's permit application. Any person desiring a ~ .......... clc taxicab driver's permit required by this division shall make application therefor in writing to the chief of police, upon forms to be provided by the chief of police, or his authorizcd agent, giving the name, sex, rcsidcncc date of birth and address of the applicant. 352 353 354 355 356 357 358 359 360 Sec. 36-139. Qualifications of applicant generally. by taxicab driver's permit required this division shall not be granted to any person ..................... ~ ........ to ....... who does not meet the qualifications set forth in section 36-98. To assist the chief of 361 362 363 364 365 366 367 368 369 370 police in making a determination whether the qualifications set forth in section 36-98 have been met, each applicant for a taxicab driver's permit shall authorize the chief of police, in writinG, to obtain information concerning the applicant's criminal history and driving record. Sec. 36-141. Photographs of applicant. Before a public vchicle taxicab driver's permit is issued under this division, two (2) photographs of the applicant therefor shall be furnished the chief of police, one of which shall be filed in his the office of the chief of police and thc cthcr one of which shall be 13 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 4OO attached to the permit when issued, so in such a manner that it cannot be removed and another photograph substituted without detection. · ___7 ~.~_~ Valid operator's license Sec. 36-142 -x-m:n---~icn~ . ~. ~ v=-~ _mm ....... . required. Any person filing an application for a permit under this division ...... ~ ..................... t~ ~ ....... hi ........ ~ to ........ ~ ~o~ "'cc ~r $ 1 .... ~ ~ ~ ' ' .....~ ~.,~ s~a~-~ ~ and ~ ~,,~ prcvzszons ~-= this ~ ~-~ other ordinances -~ '~- -~" relative to traffic possess a valid operator's license issued by the Commonwealth of Virqinia. Sec. 36-143. Issuance or refusal. ~- thc ..... ~ ....... ~' ~ ' ppl' ' ~" ~ ~ s ' ~ pro ~-~- ~ ~ ~ ...... ' .... ~ .... ~ The chief of police shall issue a taxicab driver's permit to any applicant who is in compliance with the requirements set forth in sections 36-137 throuqh 36- 142, and shall refuse to issue a permit to any applicant who fails to meet all such requirements. Sec. 36-144. Form and contents· A ~"~ic vehicle taxicab driver's permit issued under this division shall be in such form as the chief of police may prescribe and shall contain the photograph and signature of the permittee in question. Sec. 36-145. Posting and display. The driver of a taxicab ~ ~c~ ~irc car shall keep the ~--~ vckicle taxicab driver's permit issued to him or her under this division 14 401 402 40B 404 40~ 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 posted and displayed inside his or her taxicab vcki~le so as to be plainly visible to ~.~ ........... ~~ cf ~ .... ~r seat of all passenqers in the '-~ taxicab Sec. 36-146. Term. A public "ch~c taxicab driver's permit issued under this division shall be effective for a period of one year from the date of issue, unless sooner suspended or revoked. Sec. 36-147. Renewal. ~ ..... v~c~c taxicab driver's permit issued under this division may be renewed from year to year by the chief of police, if the applicant for such renewal is, at the time thereof, qualified under the provisions of this division to have issued to him or her an original public vckicle taxicab driver's permit. At the time of such renewal, two (2) recent photographs of the applicant shall be filed with the chief of police, to be used as ~ ........ n cascs of for the same purpose that photographs filed with the a__n original application fcr such pcrmit are used, and alonq with a renewal fee of ten dollars ($10.00) shall be paid made payable to the city treasurer. Sec. 36-148. Replacement when lost or destroyed. In the event a public vchiclc taxicab driver's permit issued under this division is lost or destroyed, the person entitled thereto may make application for and obtain a duplicate thereof, upon furnishing information of such fact, by affidavit or in a manner otherwise satisfactory to the chief of police, and upon paying to the city treasurer a fee of ten dollars ($10.00) . Sec. 36-149. Revocation or suspension. A public vchiclc taxicab driver's permit issued under this division may be revoked or suspended by the chief of police for any of the following causes: (1) Failure to report any accident as required by law. 15 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 (2) Repeated and persistent violations of state or local law relative to traffic cr ~¢ ~ ~ ~ otkcr ~ ...... cf ~t~ ..... irc to ...... (3) Conviction of any felony. (4) Suspension or revocation of a driver's state operator's ~ .......... s license. (5) Falsification of the application for the permit. (6) Failure to comply with any provisions of this article. DIVISION 5. TAXIMETERS Sec. 36-158. Maintenance, inspection, testing and sealinG. (a) Taximeters installed on taxicabs operated under this article shall all be maintained in good and accurate working order and shall be subject to inspection and testing, by police officers or other persons designated by the city council manaqer, at the time of installation and periodically thereafter. The inspector shall seal each taximeter with a wire lead seal after each inspection and test. (b) It shall be unlawful for any person to operate, or for any owner to permit any person to operate, any taxicab with a taximeter which has not been inspected and sealed in accord with the section. DIVISION 6. FARES Sec. 36-172. Maximum rates--Taxicabs. (a) No person owning, operating, controlling or driving a taxicab within the city shall charge an amount to exceed the following rates of fare: (i) (2) (3) (4) For the first cnc sixth one-eighth of a mile or fraction thereof ~ ~ ~ .......... ~ .... $ 1.75 For each succeeding onc sixth one-eiqhth of a mile or fraction thereof ......... 0.25 0.20 Trunk charge ..................... 0.50 For each minute of waiting time ........... 0.20 ............. ~, pcr trip ............. 0.50 16 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 48O 481 482 483 484 485 486 487 488 489 490 491 492 If hired on an hourly basis, the rate of twelve dollars ($12.00) per hour shall apply. (eb) Notwithstanding the provisions of this section, taxicabs bringing passengers into this city from without the city shall charge the rates prescribed by the city or county in which they are licensed. (~c) Any application for a fare increase under this section shall include justification for such fare increase and such financial and operating information as may be requested by the city manager. The city council shall hold a public hearing before acting on any such application for a fare increase, after public notice for at least ten (10) days. Sec. 36-173.._,,~ ...... ~-~ =..ir-~ c---rs. Reserved. · ,~ ~ .............. ~, ~ ....... ~ ......... lin~ ~ drivin~ a ~~ rc caz' Sec. 36-174. Receipts for payment. The driver in charge of a taxicab cr fcr kite car shall, upon request, deliver to the person paying the fare a receipt, in legible type or writing, showing the charges and the amount paid, the date of payment, the names of the owner and driver of the taxicab or fcr h~ car and the city license number thereof. Sec. 36-175. Posting of information in vehicle. There shall be posted, in a conspicuous place in each taxicab ~ for kirc car operated in the city, a card, in legible type or print, showing the rates of fare prescribed to be charged for the use thereof and stating that, upon request of a passenger, a receipt will be given for the fare paid. Such cards shall be approved by the chief of police. 17 493 494 495 496 Sec. 36-176. Agreement to pay may be required. The driver of a taxicab or fcr hirc vchicle may refuse to carry a passenger if, upon request, the passenger refuses to agree to pay the legal fare for the proposed trip. 497 498 499 Sec. 36-177. Failure to pay. It shall be unlawful for any person to engage or ride in a taxicab cr fcr kirc car without paying the legal fare therefor. 500 501 502 503 504 505 506 507 508 Sec. 36-178. Penalty for violation. Any owner or operator of a taxicab operated on any hiqhway, street, road, lane or alley in this city who violates any provision of this article shall be quilty of a misdemeanor and upon conviction therefor shall be fined not more than one hundred dollars ($100.00) for a first offense and not more than five hundred dollars ($500.00) for each subsequent offense. Adopted by the City Council of the City of Virginia Beach, Virginia, on this ~day of ~ , 2000. 509 510 511 512 CA-7515 DATA/ODIN/PROPOSED/36-067etseqord.wpd RI0 PREPARED: April 12, 2000 18 4 5 6 7 8 9 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 AN ORDINANCE GRANTING FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA (NEW FRANCHISES WHEREAS, the City has adopted, and incorporated into a Franchise Agreement, regulations for the operation of open air cafes on public property in the Resort Area; WHEREAS each of the following corporations/companies (hereinafter referred to as "Grantees")has submitted an application for the operation of an open air caf6 at the location indicated, and has paid the required application fee: 1. Clearwater Investment Associates, L.P. t/a Sheraton Oceanfront Hotel (3501 Atlantic Avenue) Boardwalk Caf6 2. Megabytes, L.L.C. t/a Salsa's Restaurant (812 Atlantic Avenue) Atlantic Avenue Sidewalk Caf~ 3. AHATA, Inc. t/a Pier 23 Restaurant (2224 Atlantic Avenue) Sidestreet Caf~ WHEREAS, the representations made in the applications comply with the aforementioned regulations; and WHEREAS, the Department of Convention and Visitor Development and the Resort Advisory Commission have reviewed the applications and determined that the proposed cafes will have no detrimental effect on the public health, safety, welfare, or interest, and will enhance the festive atmosphere in the Resort Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a franchise is hereby granted to each of the above-listed Grantees to operate an open air caf6 at the address indicated herein from May 1, 2000, to April 30, 2001, conditioned on provision by each Grantee of an approved final site plan, liability insurance coverage, a security bond, and applicable franchise fee, and on compliance with all of the terms and conditions of the Franchise Agreement; and 35 36 37 2. That the City Manager, or his duly authorized designee, is hereby authorized to enter into a Franchise Agreement with each Grantee subject to the aforementioned conditions. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of April , 2000. 40 41 42 43 44 45 46 47 48 49 CA-7668 ORDINkNONCODEkOpen Air Caf~ New. Ord APRIL 13, 2000 R2 APPROVED AS TO CONTENT: & Visitor Development APPROVED AS TO LEGAL SUFFICIENCY: Cf~ A~o'r~ey' s Office 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 AN ORDINANCE GRANTING FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA (FRANCHISE RENEWALS) WHEREAS, each of the following corporations/companies (hereinafter referred to as "Grantees") has requested renewal of its franchise for the operation of an open air caf~ at the location indicated: o o o o o Virginia George Company, Inc. t/a Dough Boys California Pizza (2410 Atlantic Avenue) Atlantic Avenue Sidewalk Caf~ Calabrese Management Group, Inc. t/a Albie's Pizza (200 21st Street)Atlantic Avenue Sidestreet Caf~ Planet Pizza, Inc. t/a Fish Bones Restaurant (812 Atlantic Avenue) Atlantic Avenue Sidestreet Caf~ Sunsations, Inc. t/a Haagan-Dazs (2100 Atlantic Avenue)Atlantic Avenue Sidewalk Caf~ Leeward Princess Ann Investment Association, L.L.C. t/a Marriott Courtyard Virginia Beach Oceanfront (2500 Atlantic Avenue) Boardwalk Caf~ Tampico Enterprises, Inc. t/a Abbey Road Restaurant (203 22nd Street) Atlantic Avenue Sidestreet Caf~ A.C.A. Corporation t/a Black Angus (706 Atlantic Avenue) Atlantic Avenue Sidewalk Caf~ WHEREAS, the City has developed a Franchise Agreement for the regulation of open air cafes which each of the above-listed Grantees will be required to execute as a condition of franchise renewal; and WHEREAS, based upon each Grantee's successful operation of an open air caf~ pursuant to a franchise for the past year, the Department of Convention and Visitor Development recommends a five- year renewal of the franchise of each of the foregoing Grantees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a franchise is hereby granted to each of the above-listed Grantees to operate an open air caf~ at the address indicated herein from May 1, 2000, to April 30, 2005, conditioned on each Grantee's execution of the above-referenced Franchise Agreement and compliance with the terms and conditions thereof; and 39 40 41 2. That the City Manager, or his duly authorized designee, is hereby authorized to enter into a Franchise Agreement with each Grantee. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of April , 2000. 44 45 46 47 48 49 50 51 52 53 CA-7669 ORDINkNONCODEkOpen Air Caf~ Renewal.Ord APRIL 13, 2000 R2 APPROVED AS TO CONTENT: De nVention & Visitor velopment APPROVED AS TO LEGAL SUFFICIENCY: ~ At~'r'n&~s Office 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH BEACH QUARTERS INN, L.C. FOR THE USE OF AN APPROXIMATE 22' STRIP OF THAT PART OF ATLANTIC AVENUE ABUTTING THE WEST SIDE OF THE BEACH QUARTERS INN WHEREAS, the City is the owner of that certain strip of land delineated in red upon the attached plat labeled "Exhibit 1" entitled "ALTA/ACSM Land Title Survey of Lot 7 and a Portion of Lots 1, 8, 9 and 20' Alley, Block D as shown on Plat Entitled 'N.S.R.R. RIFLE RANGE TRACTS' 300 Atlantic Avenue, Virginia Beach, Virginia, for Beach Quarters Inn, L.C., dated March 2, 1994 and made.by Engineering Services, Inc. and being approximately twenty- two feet (22') of that part of Atlantic Avenue abutting the west side of Lessee's property; and WHEREAS, the approximate twenty-two foot (22') strip is not currently used or occupied by the City; and WHEREAS, Beach Quarters Inn, L.Co desires to lease the approximate twenty-two foot (22') strip for additional customer parking at its motel located contiguous to Atlantic Avenue; and WHEREAS, Beach Quarters Inn, L.C. will pay the City $11,000 annual rent and abide by all terms, covenants and conditions contained in the proposed Agreement between the City of Virginia Beach and Beach Quarters Inn, L.C. dated April 11, 2000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease in a form substantially the same as the Agreement between the City of Virginia Beach and Beach Quarters Inn, L.C. dated April 11, 2000, and attached hereto and incorporated by reference. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of April , 2000. CA-f~63 ORDINANONCODE~BEACHQTR. ORD R-I 03117100 APPROVED AS TO LEGAL SUFFICIENCY Department of Law 1 2 3 4 AN ORDINANCE TO TP_ANSFER $2,969 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2000 OPERATING BUDGET OF THE SHERIFF'S DEPARTMENT FOR THE PURPOSE OF REIMBURSING A DEPUTY SHERIFF FOR LEGAL FEES AND EXPENSES 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O WHEREAS, a Virginia Beach deputy sheriff was charged with assault for actions arising out of the performance of her official duties; WHEREAS, at a trial held in the Virginia Beach General District Court on March 28, 2000, the charge was dismissed; WHEREAS, in the defense of said charge, the deputy sheriff incurred legal fees and expenses in the amount of $2,969, and has requested the City to reimburse her for such fees and expenses; WHEREAS, Section 15.2-1711 of the Code of Virginia provides that "[i]f any law-enforcement officer shall be investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, the charge is subsequently dismissed or upon trial he is found not guilty, the governing body of the jurisdiction wherein he is appointed may reimburse such officer for reasonable legal fees and expenses incurred by him in defense of such investigation or charge..."; WHEREAS, the City Attorney's Office has reviewed the circumstances of this case, assessed the itemized bill submitted by the deputy sheriff's legal counsel, and determined that the legal fees and expenses incurred by the deputy sheriff are reasonable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $2,969 are hereby transferred from the FY 2000 General Fund Reserve for Contingencies to the FY 2000 Operating Budget of the Sheriff's Department for the purpose of 31 32 33 34 35 reimbursing a deputy sheriff for legal fees and expenses incurred by her in her defense of a criminal charge brought against her arising out of the performance of her official duties. Adopted by the City Council of the City of Virginia Beach on this 25 day of April , 2000. 36 37 38 39 CA-7675 DATA/ORDIN/NONCODE/REIMBFEE.ORD APRIL 12, 2000 R2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office AN ORDINANCE TO ACCEPT AND APPROPRIATE $80,000 FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO THE FY 2000 OPERATING BUDGETS OF THE OFFICE OF COMMUNITY CORRECTIONS AND THE SHERIFF'S DEPARTMENT FOR ADDITIONAL PERSONNEL AND ASSOCIATED EQUIPMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the Department of Criminal Justice Services has provided the City of Virginia Beach $80,000 in additional funding from a Community Corrections grant; and WHEREAS, the grant requires no matching City funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $80,000 in additional funding is hereby accepted and appropriated from the Department of Criminal Justice Services, with $40,000 being appropriated to the FY 2000 Operating Budget of the Office of Community Corrections and $40,000 being appropriated to the FY 2000 Operating Budget of the Sheriff's Department, to be used for the purpose of providing additional personnel and associated equipment necessary to meet increased demand for pre- and post-trial services. 2. That estimated revenue from the Commonwealth is hereby increased by $80,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of April , 2000. Requires an affirmative vote by a majority of the members of City Council. CA7673 F: ~Data~ATY~Ordin~NONCODE~DCJS. ord. wlDd April 19, 2000 R-4 34 Approved as to Content: 35 37 Management ser~.zc~$s Approved as to Legal Sufficiency: /City~A~torney's Office 1 2 3 4 A RESOLUTION REQUESTING THE CIRCUIT COURT TO ISSUE A WRIT OF ELECTION TO FILL THE VACANCY IN THE OFFICE OF COMMONWEALTH'S ATTORNEY 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 WHEREAS, by letter dated March 17, 2000, to the Honorable Thomas S. Shadrick, Chief Judge of the Virginia Beach Circuit Court, Robert J. Humphreys resigned from the office of Commonwealth's Attorney for the City of Virginia Beach, effective April 16, 2000, to assume his duties as a newly-appointed judge of the Court of Appeals of Virginia; and WHEREAS, Section 24.2-226 of the Code of Virginia provides that when a vacancy in any elected constitutional office occurs after an officer begins his term, the governing body of the city within which the vacancy occurs "shall, within fifteen days of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy" at the next ensuring general election to be held in November which, in the case of the City of Virginia Beach, will be held in November of 2000. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, in accordance with the provisions of Section 24.2-226 of the Code of Virginia, City Council hereby requests the Circuit Court of the City of Virginia Beach to issue a writ of election to the Secretary of the Electoral Board of the City of Virginia Beach, pursuant to Section 24.2-683 of the Code of Virginia, ordering that a special election be held on the same date as the general election in November of 2000, for the purpose of filling the vacancy in the office of Commonwealth's Attorney. BE IT FURTHER RESOLVED: That the City Attorney is hereby directed to prepare, and file with the Circuit Court, the petition required by Section 24.2-226 of the Code of Virginia. BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to transmit a certified copy of this Resolution to the Honorable Thomas S. Shadrick, Chief Judge of the Circuit Court of the City of Virginia Beach, Virginia. 3O 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of April, 2000. CA-7643 ORDIN~NONCODE~HUMPHREYS.RES MARCH 29, 2000 R3 APPROVED AS TO CONTENT: City Attorney's Office APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office - 50 - Item VII-K. 8. PLANNING ITEM # 46546 NO ACTION REQUIRED B Y CITY COUNCIL as this item was DEFERRED by the Planning Commission to their May 10, 2000, agenda: Application of the CITY OF VIRGINIA BEACH to AMEND Section 401 of the Ci~ Zoning Ordinance (CZO) re permitted uses in the AG-2 Agricultural Districts. April 25, 2000