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Home My WebLink AboutAUGUST 3, 1999 MINUTESci~rv couNCU. City of Virgi~ia Beach "WORLD'S LARGEST RESORT CITY" MAYOR MEYERA F OBERNDORF A1 LurRe Vl('E MAYOR W/LLIAM D SESSOMS JR A! LarRe L/NWOOD O BRANCH /// Dislru r 6-Btac h MARGARET L EURE Disrncr l Crnlervdle 1i'!LLlAM W HARR/SON JR Deslnc~ 5 l.ynnduvrn HAROLD HE/SCHOBER At LarKe BARBARA M HENLEY D~s~rtcr 7 Pnncess Anne LOU/S R JONES Durr~c r 4 Buys~de REBA S McCLANAN Disrrict 3 Xusr Nu!( NANCY K PARKER Ar Large A M(DON) WEEKS Disrr~cr 2-Krmpsvi!!e JAMES K SPORE Crty ManuRer LESLJE L L/LLEY City Alrnrney RUTN HODGES SM/TH CMC/AAE Crly Clrrk CITY COUNCIL AGENDA ~~4G1r11A BEAC~S' G 04 ~~G' ..h"'. ~ ' ~ '~ U ' ' ~y • ~ - - _ ri j'- I t f { . (,9 9 ~ i 2 p; \ ~ `~2 1,P ~~ ~ ~G MS 0 ~F ~UR NAT~~NS C/7Y HALL BU/LD/NG l 24I/1 COURTHDUSE DR/VE V/RC/NlA BEACH VlRGlNIA 2J456 9(N)5 PIIONE (757) 427 4i0~ FAX I757) 416 S~S6J E.MAIL CTYCh'CL@C'ITY VIRGINIA BFACfI VA lJS August 3, 1999 I. CITY MANAGER'S BRIEFINGS - Conference Room - 10:30 AM A. WIRED CITY [45 min.] David Sullivan, Chief Information Officer B. SURFING STATUS REPORT [15 min.] Bruce Edwards, Director, Department of Emergency Medical Services C. CREEDS FUEL FACILITY (30 min.] David Grochmal, Director, Department of General Services II PRESENTATION A. METROPOLITAN PLANNING ORGANIZATION (MPO) PRIORITIZATION PROCESS [30 min.] Dwight Farmer, Deputy Executive Director of Transportation, HRPDC III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Father Charles Faul Church of the Holy Apostles C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - July 13, 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered an the ordanary course of business by City Council to be enacted by one motion. H. PRESENTATIONS: 1. SISTER CITIES INTERNATIONAL AWARDS - 1999 A. SPECIAL ACHIEVEMENT MUNICIPAL COOPERATION Dr. and Mrs. Hiroyuki Hamada Mary Russo, Volunteer Co-Ordinator Diane Roche, Volunteer Co-Leader B. SISTER LIBRARIES - Virginia Beach and Miyazaki, Japan "A White House Millennium Council project designated by U.S. National Commission on Libraries and Information Science" Martha J. Sims, Director, Virginia Beach Libraries 2. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE Government Finance Officers Association Patricia A. Phillips, Director, Department of Finance I. RESOLUTIONS 1. Resolution to request the CIRCUIT COURT order an election be held on November 2, 1999, re the sense of qualified voters of Virginia Beach as to the question of whether the City Council should adopt an ordinance approving the Light Rail project; and, to request the General Assembly enact a five percent (5%) tax on the retail price of gasoline to fund the project. (Requested by the Honorable Meyera E Oberndor~ 2. Resolution to appoint KARLA C. HAYNES as Assistant City Attorney effective 16 August 1999. 3. License Refunds: $31,565.29 J. PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. Application of PRINCESS HOUSE, L.L.C., for a Conditional Use Permit for housin~ the aged on the East side of Princess Anne Road, 180 feet North of Baxter Road, containing 5.014 acres (KEMPSVILLE - DISTRICT 2). Denied: January 16, 1999 Referred Back to Planning for Reconsideration: March 23, 1999 Deferred: July 13, 1999 Recommendation: APPROVAL K. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SYSTEMS ADVISORY BOARD PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ~~~~*~**~* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Dea fl *******~** 07/28/99BAP AGENDA\08\03\99. www.virginia-beach.va.us ~~4G~1.11A•BFA~~- o~. . ~ ' , ~'~, ~. ~ ~' ~ r- f. _~ ~ U ~ ~~ ,~ ~ * `~ ~ - - .~, r -~~ ~i~ ~~ ~ ~ ~~ ~~~ 2 f ?~ ~9 ~` /~ V~ ~p~s 0~ OF ~UR Npt~~NS M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 3, 1999 Mayor Meyera E. Oberndorf called to order the CITYMANAGER'S BRIEFING re the WIRED CITY in the Council Conference Room, City Hall Building, on Tuesday, August 3, 1999, at 10. 30 A.M. Councal Members Present: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louas R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, and A. M. "Don " Weeks Councal Members Absent Vice Mayor William D Sessoms, Jr [ENTERED: 10: SO A.M,J William W Harrtson, Jr. ~ENTERED. 12 10 P M.J -z- CITYMANAGER`S BRIEFING WIRED CITY 10:30 A. M. ITEM # 45272 Mayor Oberndorf advised that Abingdon, Vtrginia, completely "wired " the entire city ten years ago David Sullivan, Chief Informataon O~cer, explaaned the defination of a Wired City. As defined by Yahoo Internet Life Magazine; Home and Work Net Use Domain Density Hosts Per Capita Directory Density Content Quality In a recent survey Virginia Beach ranked 41 S` in the top fifty wired cities in the Nation Two years ago, 20.6% of homes an the metropolitan area of Virgznia Beach are utahzing the Internet. 17% were able to connect to the Internet from work This has increased The City ranked 10`'' an the Nataon in home and work net use according to the Wired City poll Directory Density is the measurement of web sites in a particular area devoted to the Caties and governments an that area Virgtnia Beach scores very low zn thzs area However, thrs as a regional Hampton Roads assessment Content Quality is the sub~ective analysasperformed after reviewzng the government, medza and cultural sites Exponentaal growth of computingpower, telecommuntcataons bandwzdth and anformataon and content are enabhng an entire revolution in busaness, government and communaty Gordon Moore was one of the co founders of Intel Corporation In the 1960's, he devised Moore's Law: The effectiveness of microprocessors doubles every 18 months. Today, thas tame frame has been shrinking to approxamately one year. Mr. Sullivan referenced an article in the VIRGINIAN-PILOT concernang new developments in computers and the posstbthty that computers could be 100-BILLIONtimes faster wtth thas new technology than today George Gilder, a writerfor the telecommunrcations industry published an article approximately three years ago relatave Bandwidth, which is essentaally the amount of information whach can be put through any gaven piece of cable or f ber optic. Gilder's Law states Bandwidth wall triple every year (3 tames the capacaty) for at least the next 25 years. Mr. Sullavan cited examples QWEST, a telecommunications company which did not exist three years ago, raised approximately $900- MILLION in capztal and in less than 24 months built a nationwide long distance company from the ground up When they started selling earlaer thas year, QWEST had more capacity than AT & T, MCI and SPRINT combined. Mr. Sullavan dastrabuted samples of fiber optic cable. Stgnals are sent by pulses of laght going down the cable. With new technology, anstead of sending one color of light down the cable, they developed the abalaty to send 255 different colors of light down the same cable. Each one of those strands of fiber optic cable could now have carried 255 more kinds of information than before. Information Content is exemplafied by the tzme a chald born today finishes college, knowledge may have quadrupled; by the tame that child reaches age S0, knowledge will have grown 32 fold Mr. Sullivan cited the CHOICES: LEAD the change to be a truly "Wired City" FOLLOW the change, often resultang in berng dragged along complainang, kicking and screamrng all the way RESIST the change and be run over resulting in a"digztally disadvantaged " community. August 3, 1999 -~- CI T Y MANA GER `S BRIEFING WIRED CITY ITEM # 45272 (Continued) OUR YISION FOR A"WIRED CITY" We enable easy and affordable access and connectivity to worldwide information for all citizens, business, schools and government Our telecommunications and technology base attracts an increasing share of new business. We created a fair and competitive business environment with a level playing field for all telecommunications providers tn order to produce the best and most up-to-date services at competitave rates Our investments in technology enhance rapad, effective and efficient polace, fire and emergency response We have access and use communications and technology tools to serve citizens and visitors effectively and efficiently in order to maantain high quality customer service in a rapidly changing environment We facilitate technology access and opportunity for "quality and lifelong learning"for all residents. Our technology and telecommunications infrastructure is developed in harmony with our goals for aesthetics and a"quality physical environment': We develop and implement sound public pohcy and services collaboratively to make Virginia Beach a"Wired City': Mr Sullivan advised technology is opening up a whole new field for economic development. One example would be the WILLOW Company, based an Florida, which provide dastrabuted "call centers " for technology. They train people to be call center operators who are called Cyber Agents The indrviduals go through a traaning program, buy thetr own computer and work out of their homes These are all over the country. Willow recruits the companies z.e. Lens Express, the Signature Group and they develop the applicattons so this remote Cyber Agent can take' phone orders and do the customer service 38% of their personnel have a college degree. The majority would not be an the workforce without this alternative. The company monators their performance. Our Role in Creating a"Wired City" Regulator Service Provider Facilitator A Telecommunications Regulator Ordinance has been DRAFTED with the assistance of the Hampton Roads Plannzng Dastrict Commission (HRPDC). A utility right-of-way local policy and process has been implemented The Ciry continues to work with the varlous agencies (NLC, NATOA, VML, HRPDC) and others to follow and address rapid changes in state and federal law and policy As a Service Provzder, the City must have extensive use of the Internet as an information delivery tool. Massive investment an local government technology and applications has been made (approximately $40-MILLION in City's Budget). Virginia Beach Public Schools has one of the best high speed networks in the State and possably the nataon The City Manager's reorganization brings together key communicatzons and technology servtces As a Facilatator, the Caty partnered with others to make the Advanced Technology Center a reality The Caty partacapated in the lease of City and school facilities for tower locations (approximately $254,000 a year in lease revenue). The Ciry particapated as a member of the Hampton Roads Technology Council, Hampton Roads Telecommunications Advisory Committee and Governor's Council on Technology Services. 7'here rs goang to be a license plate choice in Virginia designating "Internet Capital " The ma~ority of Internet traffic moves through Northern Virginia. August 3, 1999 -4- CI T Y MANA GER `S BRIEFING WIRED CITY ITEM # 45272 (Continued) "What should we be doing now7" Complete a "Wired City" Policy. Adopt appropriate Telecommunications regulatory ordinances. Continue to advocate for local control of public rights-of-way. Expand delivery of services beyond information delivery using the Internet Improve coordination of local government technology projects and expenditures Complete an overall Technology Plan Participate in regional efforts to boost workforce technology competency. Participate an the Hampton Roads "Smart Region Initiative" Continue to focus on information technology and telecommunications for economic development Mayor Oberndorf referenced an article concerning a chip, which will be produced for wareless technology. Mr Sullzvan advised the wireless zs moving very fast If one needs to move around with technology, wzreless is the answer. If you are stationery (bualdang, desk or home), then fiber optac cable is more cost effective because of the speed Cox is bringing very affordable high speed technology to every home in Virginia Beach and they are about 18 months away from covering the whole Ciry. The cable modem technology is five to ten tames faster than the fastest telephone modem you can purchase The other advantage as that one is always on lane wath the computer and never needs to dial A flat monthly rate is paid. Relative paying water bills, parking tickets, these transactions can be secure between the individual and the City by way of digital signatures and authenticating the user. Mr. Sullivan advised the technology exists and needs to be deployed to do these types of businesses wathin the City NorfolJr/Virginia Beach~lVewport News is the official name assigned to the statistical area. August 3, 1999 -S- CITYMANAGER`S BRIEFING SURFING STATIIS 11:24 A.M. ITEM # 45273 Bruce Edwards, Director of Emergency Medical Services, advised on June z2, 1999, Caty Councal eased restrictions on surfing in Virginaa Beach under a trial basis Open surftng as now permatted Monday thru Thursday in the Northend Beaches, Croatan and Sandbridge Restrictaons remaan an place for the Resort Area daaly and all other areas Friday thru Sunday Addationally, a provisaon was made whach allowed open su~ng any time lifeguards limit swimming due to rough surf conditions Ed Brazle, Division Chief - Regulataons and Enforcement, advised the leash and shore break requirements will contznue to be a focus for both the Departments of EMS and Police There have been no report of injuries or swimmers and surfers interactaon at thas point. Sance the report was compiled, several more comments have been received from the public relatave issues with the leash law and behavaor There have been approximately 20% non-compliance with the leash law and infractions relative the shore break A ma~or portion relates to ignorance of the law. Approxamately 50% of the surfers anterviewed were not from Virgania Beach. As there has only been about 18 days of open surfing, there has not been enough tame to truly assess the tmpact of the eased restrictions. Whale no anjuries have been reported, most data as anecdotal 7'he Department of EMS is working wath other agencies, including the Department of Management Services, to develop more sophisticated observataon tools and evaluataon methods In order to broaden the observer base, additional efforts wtll be made to inform thepublac about avenues for raising concerns. Based upon her contact with two government classes at Cox High School, Mayor Oberndorf belaeved the surfers dad not have enough information to abide by the rules. They were not aware of the leash law nor the shore break. Mayor Oberndorf referenced two E-Mails from famihes in Croatan and requested Emergency Medacal Services contact them and determane the amount of damage incurred Council Lady Parker advised of several concerns relative surfers being at thepier areapraor to sunrise. Mr. Brazle advased since 1992, su~ng has only been allowed from sunrise to sunset. The zssue of whether at is light enough on either end to allow su~ng can be investagated This might not have been prevaously stractly enforced. However, in the climate of behavior and conformance, this needs to be enforced Councilman Branch suggested proper signage, if the su~ng ordinance is continued. Mr Bazle advised signs are being investigated in the analysis Vice Mayor Sessoms advised on Friday, he was contacted by members of the Virginia Beach Rescue Squad pertaanang to a newscast on Channel 1 D Vice Mayor Sessoms watched this program on Friday, July 30, 1999, and the Newscaster started the report with the conflict between the Rescue Squad and the Fare Department Thas contznued "downhill ". However, he dad not vaew the program on Thursday. Vice Mayor Sessoms informed the Mayor. The reporter spoke with the Vice Mayor When it comes to performance, he has never witnessed conflicts between the EMS and the Fire Department Certainly it is known that there is somewhat of a competition between the volunteer and career andividuals, however, Mr. Edwards and Chaef Cade are in agreement that nothing interferes with the patient/care delivery. Slaghtly over ZS% of EMS calls have the polace on scene, as opposed to 33% wath the Fare Department present. It has to be a"hand and glove" organization. Satisfaction rate on both~re and EMS delivery is 98+%. Mayor Oberndorf advised Chaef Carter stated although he did not know it " irst hand ", he believes someone who was a Volunteer had called in the story to Channel 10 Council Lady Parker satd the important message is the general public is being covered by two very outstanding organizations. Mayor Oberndorf advised of a Medical Service with o~ces at Providence Square who forwarded angry correspondence to the Mayor relative not obtaining a permit to park their vehicle at 16~h and Atlantic In thear anger, they accused the Rescue Squad of being understaffed, underfunded and they had to provade this vehzcle on scene near where the bathers are located Mayor Oberndorf informed Channel 3, the area in which this vehacle wished to park as apartments. Public streets are not allowed to be utalazed as an office location. This is not a non profit organization. August 3, 1999 -6- CITY MANAGER `S BRIEFING SURFING STATUS ITEM # 45273 (Continued) The City Manager advased thas medical servace was tryang to develop thear busaness by making these accusattons One of the strong points of the City's system is the tremendous number of unats per capata responding. With the new cad system (on lane in October), there will be better data than an the past relatave response stattstics Nattonally, comparative response times are a di~cult assue The Caty Manager serves as the National Chair for the International City Manager's Association, which is reviewang this performance measurement question for f re emergency services. There are many kands of varaables However, the ICMA is attempting to arrive at a base level to make some valad comparasons and draw reasonable conclusaons in order to determine better performance August 3, 1999 -7- CITYMANAGER`S BRIEFING CREEDS FUEL FACILITY 11:47A.M. ITEM # 45274 David Grochmal, Director of General Servzces, advised several years ago, the Caty embarked upon a plan to consolidate City and School fueling facilities under the management operation of the City. The City began by allowing the schools to fuel at the primary fuel site of the Landstown Highway Yard which worked well. An overall plan was developed for eventually having several ma~or consoladated fuel facilataes at the following locations. Landstown Euclid Across Witchduck Road (Highways and Landscape Services) Southern portion of the City Oceana School Bus Garage Glenwood School Bus Garage The Caty as negotiating an agreement with Schools where the City will take over the operation of those two schools. This agreement will be brought back to City Council and the School Board for consaderataon. City Council approved the CIP pro~ects to construct two of the newest facilities located at Euclid ~nished last Fall) and the Southern Fuel Site ~nal locataon was not determined) Prior to design and constructaon, the Caty Counczl must make final approval of the proposed southern fuel site. The City Staff spent considerable time in the southern part of the Ctty (looking at everythang south of Indian River Road) to locate an appropriate site for this faczlrty Twelvepossrble sites were anvestagated, the majority of which were City-owned property. The areas depicted in "yellow " on the map were extstang fuel facility sites Mr Grochmal displayed on the map: Pleasant Ridge Road Mosquito Highway Yard and the Communication Tower, new Creeds Fire Station, Creeds Air Field and Blackwater Fire Station After reviewing all the available options, the staff believed a reasonable alternatave would be to build a single facility at the Creeds Air~eld (off Campbells Landing Road). The staff wants to be assured the decision is an acceptable one to the community. The staff is also workang with Councal Lady Henley to formulate thetr conclusions. Several meetings have been held with the residents along Campbells Landing Road and Morris Neck Road There was some dasagreement as to the City s use of thas szte The ma~oraty of the residents believes this was not a good location and would be dasruptave to the community relative the addatronal traffic The roads, partzcularly Campbells Landing, are somewhat narrow as this facalaty would be utalized for school buses and fire trucks and be open 24-hours a day. The cost of the facility has also ancreased. Based upon the two meetings, the staffdecided upon another concept The second alternatave was to place 3 small fuel facilities at the existing: (1) Pleasant Ridge Mosquito Control Yard (2) Blackwater Fire Station (~) New Creeds Fire Station (slightly larger than the others). Therefore, these facilaties would be kept on the main road - Prancess Anne, the tra~c would be dispersed and the cost estimate would be slightly less expensive to construct the three smaller sites than a single larger site well off the road and hidden from the public view. The Creeds Civic League voted to support their preference of the three smaller sztes The staff presented a proposed depiction of the fuel facility at the Creeds Fire Station at a second meetzng of the Creeds Czvic League. They voted to support the facility Eddae Barnes, Landscaping, presented the landscape and visualplan The staff was conscious of the impact of this fuehng site to the small subdivision an this area. Southbound on Princess Anne Road, this area could be addressed wath Leyland Cypress trees clustered about 12 to 14 feet at hme of anstallatzon Northbound on Princess Anne Road there would be the small species clustered next to the parking area. This would reduce the vtsual tmpact of this fuelang stte. From the view of the neighbortng subdivision, some material has already been planted to the rear of the station Two additzonal cedars would close any visibalaty that the resadents of thas subdivision would vaew of'the fueling site. Council Lady Henley expressed appreciatton to Mr Grochmal and his staff for their diligence. Mayor Oberndorf congratulated Council Lady Henley and the staff . BY CONSENSUS, City Council concurred with the recommendation for the 3 small fuel facilities (1) Pleasant Ridge Mosquito Control Yard (2) Blackwater Fire Station (3) New Creeds Fire Station (slightly larger than the others). August 3, 1999 -8- CI T Y MANA GER `S BRIEFING MPO PRIORITIZATION 12: OS P.M. ITEM # 45275 The City Manager advised Councilman Louis Jones as the Caty s representative for the Metropolitan Planning Organization, which as going to be consaderang the Regional Transportation Project Prioritization at their August 18, 1999, Meetang. The Caty Manager advased thas is the second day of Caty Councal 's goal setting Retreat Dwight Farmer, Deputy Executave Director of Transportataon - Hampton Roads Planning District Commission, advised theHRPDChasstruggled through varaouspresentations ofmulti million dollarstudies during the last three to five years. About 3/4 of the way through these Major Investment Studies, a conclusion was drawn that these were faarly interrelated, but not essentaally "stand alone " pro~ects, but would have a bearing on the economic competativeness of Hampton Road and the ability to slow traffic for commuters on a daily basis between and withan localities TheHRPDChas proposed to brang these together in a system analysis. VDOT, for a varaety of reasons, chose not to do that At the end of the last study (the Route 460 study), HRPDC decided, as a part of the long range transportation planning process which as federally mandated every three years, to bring these projects together The following 7 projects were brought to the forefront • Hampton Roads Crossing Interstate 64 (Peninsula) CSX Corridor (Peninsula Light Rail) Route 460 Norfolk-Virginia Beach Light Rail Midtown TunneUPinners Poind ~ 2.4-BILLION. ~ 1.3-BILLION $ 600 MILLION $ 1.0 BILLION $ 975 MILLION MLK Freeway Extension $ 650-MILLION Southeastern Parkway & Greenbelt $ 425 MILLION TOTAL ESTIMATED COST $ 7.5-BILLION The seven pro~ects were identified several years ago as beang technically feasible but outsade any reasonable amount offunding that would be available within the 2020 Plan time period. In addition to the $7-BILLION worth of "regional projects" there are also $6 BILLION worth of local projects that are also being reviewed It is antzcapated that $4 to $S-BILLION will be available for these local projects over the next 20 years. To afford local governments adequate ttme to become anformed and discuss this :mportant matter, the MPO has recommended that the August 18, 1999, meeting be scheduled to make a decision on the regaon's large unfunded projects. The HRPDC as not requesting any locality to vote on tolls and taxes. It as anticipated that addihonal State fundang wall be forthcoming through future legislative and statutory actaons during the next 20 years CAO RECOMMENDED PACKAGE OF TRANSPORTATION PROJECTS ,~400.MILLION Interstate 64 Route 199 South to I-664 aSOU-MILLION Route 460 Interstate Type Facility Petersburg ~egion to jund its share of the projec~ ~ 1-BILLION Hanipton Roads Crossing Assumes additional ~51.2-BILLION in Federal Funding $200-MILLION from VPA for the Craney Island ~400-MILLION Regional RaiUTransit Assunies leveraging of other federal funding $475-MILLION Midtown TunneUMLK Freeway Extension/ Pinners Point Connector (Excludes the cost of the Pinners Point Connector which is already junded at a175-MILLION) ~425-MILLION Southeastern Parkway $ 3 2-BILLION TOTAL PACKAGE COST August 3, 1999 -9- CI T Y MANA GER `S BRIEFING MPO PRIORITIZATION ITEM # 45275 (Continued) The recommended funding strategy is for an average gas tax increase of 12 cents per gallon over 20 years. The average toll is pegged at $1.50 for the new Hampton Roads Crossing, the existing Hampton Roads Bridge Tunnel, the existing Monitor Merrimac Memorial Bridge Tunnel and the Southeastern Parkway and a toll of $1 (again averaged over 20 years) on Route 460. Councilman Jones distributed a copy of a Resolution to Endorse to the Governor and the General Assembly the Transportation Projects contained in the Metropolitan Planning Organization's 2020 Transportation Plan, as set forth in the Hampton Roads Planning Distract Commzssaon's Briefing package dated July 7, 1999 and entitled, "Regional Priority Setting - The Future of Transportation in Hampton Roads" and requesting the Governor and the General Assembly to f nd appropriate sources of funding for such pro~ects. Councilman Jones noted amendments to this resolutton Instead of statang Norfolk Virginia Beach Light Rail, the verbiage should be "Regional RaiUTransit Improvements " The CSX Corridor Light Rail verbiage should also be eliminated. Robert Matthias, Assistant to the City Manager, advised the Planning District Commission proposal only pays for capital, not operating or maintenance There would still be another funding source needed for the operating maintenance cost Mr Farmer advised a year ago in November, a report was prepared by PDC as to after all the T21 funds are received what is going to be built To their surprise, 138 out of I55 active implementation scheduled projects for Hampton Roads were being delayed an average of 14 months. VDOT took exception to that report and requested time for rebuttal Essenttally, VDOTdid not rebut, but in fact explazned why there were 138 projects delayed and categorized the delays wath a variety of reasons from process to environmental work to changes in positions of City Council and Board of Supervasors In May, the next 6-Year ImprovementProgram was received, and it was discovered there was a cash flowproblem SSprojects were delayed additionally by one year with some of them as much as 3 and 4 years. Mr Farmer saad it is a severe state-wide cash flow problem. Mr Matthias advised relative the funds accumulated when there was a toll on I-44 Approxamately $23- MILLION was in the fund of which $11-1/2 MILLION has been set aside for resurfacing with this funding only to be used on Route 264 an the City The other funding of approximately $I1 MILLION is currently under contract. I-264 is in the process of being lighted, starting from the eastern end and moving west as well as installing more intelligent highway signs. The znterest in the investment wzll be lost Mr. Matthias also advised there are funds avaalable in the CIP for the Great Neck interchange amprovements and the City has been working collaboratively with VDOT for the past year to devzse alternative designs for the other anterchanges of Witchduck, Rosemont and Great Neck to Lynnhaven. The cost of the amprovements would be approximately $150 MILLION Mr. Farmer advised VDOT zs in a current day cash flow crunch, however, he feels confident they wall get out of this. BY CONSENSUS, the RESOLUTION re Regional Priority Setting - The Future of Transportation in Hampton Roads" will be SCHEDULED for the City Council Session ofAugust 10, 1999. August 3, 1999 -10- A GENDA RE VIE W SESSION 12: 56 P.M. ITEM # 45276 I 1 Resolution to request the CIRCUIT COURT order an election be held on November 2, 1999, re the sense of qualified voters of Virginza Beach as to the question of whether the City Councal should adopt an ordinance approving the Light Rail project; and, to request the Genera! Assembly enact a five percent (S %) tax on the retail price ofgasoline to fund the pro~ect (Requested by the Honorable Meyera E Oberndor~ This atem will be dascussed durang the FORMAL SESSION. ITEM # 45277 BY CONSENSUS, the following items shall compose the CONSENT AGENDA RESOL UTIONS I2. Resolutaon to appoint KARLA C. HAYNES as Assistant City Attorney effective 16 August 1999. I.3 License Refunds: $31,565.29 August 3, 1999 -I1- CI T Y CO UNCIL COMMENTS 12:57P.M. ITEM # 45278 Vice Mayor Sessoms inquired relative the time limit for door-to-door solicitations. A citizen inquared of Elizabeth City who informs it is legal for solicitatzons to continue until9. 00 P.M. Assastant City Attorney Randy Blow wall revicew and advase ITEM # 45279 Councalman Heaschober advised last month the Czty Clerk's office provided the CITYCOUNCIL POLICY MANUAL. Councalman Heischober expressed hrs appreciation and hoped the Councal would encourage contznuataon of thas manual as it is beneficaal Mayor Oberndorf advased at assists with the corporate memory relatave procedures. Council Lady Henley inquired relative the inclusion of the Agriculture Reserve Program as a policy as this was an Ordinance The City Manager advised he believed this was a policy in the Comprehensave Plan and then this was formahzed as an ordinance. The City Manager advised the antent was at the Fzrst Meetang, annually in July, Caty Council would ADOPT, by reference, the new updated POLICYMANUAL. ITEM # 45280 Mayor Oberndorf'advised Trevor Polley, the new City Manager of North Down, Northern Ireland, will be in attendance at the Caty Council Sessaon ofAugust 10, 1999. North Down, Northern Ireland and the City of Virginia Beach have formed a bond of fraendship and respect between their communataes in a bond evzdenced by culture, education, economics and language was appreciatzon for each others' daversaty and the warmth ofgood fellowshzp. Meyera E Oberndorf, Mayor of Virginaa Beach, Virginaa, ZISA, and Marzon Smath, Mayor of North Down, Northern Ireland signed the friendshap agreement on July 22, 1999 ITEM # 45281 The Czty Manager distributed the PROGRESS REPORT TO CITY COUNCIL This document describes progress made on the Targets identified at City Council 's Planning Workshops in August of 1998, and March 1999. Also included in a separate section are related Significant Department Activities to provide a convenient and broader view of the organization's results. There are 239 significant departmental activities commencing on Page 16. August 3, 1999 -12- ITEM # 45282 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL an the City Council Conference Room, City Hall Building, on Tuesday, August 3, 1999, at 1 00 PM Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrzson, Jr., Harold Heaschober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A M"Don " Weeks Council Members Absent: None August 3, 1999 -13- ITEM # 45283 Mayor Meyera E Oberndorf, entertained a motzon to permzt City Council to conduct ats CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Virgania, as amended, for the following purpose. PERSONNEL MATTERS. Dascussion , consideration or interviews of prospectzve candadates for employment, assignment, appoantment, promotion, performance, demotion, salaraes, disciplining, or resignataon of specafic public o~cers, appoantees, or employees pursuant to Sectaon 21-344 (A) (1) To Wit: Boards and Commissions: Agracultural Advisory Commissaon Franczs Land House Board of Governors Health Systems Advzsory Board Parks and Recreation Commisszon Personnel Board Public Library Board Transportation District Commissaon of Hampton Roads Appointment: Assistant City Attorney Annual Evaluation of Council Appointees Upon motion by Vice Mayor Sessoms, seconded by Counczlman Jones, Caty Council voted to proceed into CLOSED SESSION. Votang 11-0 Council Members Voting Aye: Lanwood O. Branch, III, Margaret L. Eure, Willaam W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Willaam D Sessoms, Jr and A. M. "Don " Weeks Councal Members Voting Nay. None Council Members Absent. None August 3, 1999 -14- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 3,1999 2: 00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL zn the Councal Chamber, Caty Hall Building, on Tuesday, August 3, 1999, at 2•00 P.M Councal Members Present Lanwood O Branch, III, Margaret L Eure, William W Harrison, Jr , Harold Heaschober, 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. Father Charles Faul Church of the Holy Apostles PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, dzsclosed there were no matters on the agenda in which he has a'personal interest'; as defined in the Act, either andivadually or in has capacrry as an officer of Wachovia Bank. The Vice Mayor regularly makes this Dasclosure as he may not know of the Bank's interest in any apphcation that may come before Caty Councal Yice Mayor Sessoms' letter ofJanuary 4, 1999, is hereby made a part of'the record August 3, 1999 -15- Item VI-E. CERTIFICATION OF CLOSED SESSION ITEM # 45284 Upon motion by Vice Mayor Sessoms, second ed by Councilman Heaschober, City Councal CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meetang requirements by Virgania law were discussed an Closed Sessaon to whach this certafication resolution applies, AND, Only such pubhc busaness matters as were identafied in the motaon convenang the Closed Session were heard, discussed or considered by Virginia Beach Ctty Council. Votzng • 10-0 Council Members Voting Aye • Margaret L. Eure, Willaam W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louas R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf; Nancy K Parker, Vice Mayor Willaam D Sessoms, Jr and A. M "Don " Weeks Councal Members Voting Nay. None Counczl Members Absent • Linwood O Branch, III August 3, 1999 ~1~~~BFAc~ ~ ~4 "~"''''~ ~ ~'! o :, .,....~ ~P~,7 ~ * f 2 V ~ ~, ~ -~----~- - . • r .'~ , V v • z, Z°~9~ _ ; ., fi a ~ 0~~\rr ~FS ~~ N.~ ~~ ~F_ ~UR NpS~~ ~ ` CERTIFICATION OF CLOSED SESSIUN VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 45283, Page 13, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in confonnity 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. ~-~ R h Hodges Smith, CMC/AAE City Clerk August 3, 1999 -16- Item VI-F.1 MINUTES ITEM # 45285 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Councal APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of July 13,1999. Votzng 10-0 Counczl Members Voting Aye • Margaret L Eure, William W. Harrison, Jr , Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, NancyK Parker, ViceMayor WilliamD. Sessoms, Jr and A. M "Don " Weeks Council Members Voting Nay None Councal Members Absent Linwood O. Branch, III August 3, 1999 17- Item VI-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 45286 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 3, 1999 - 18- Item VI-H.1. a. PRESENTATION ITEM # 45287 Mayor Oberndorf PRESENTED: SISTER CITIES INTERNA TIONAL A WARDS -1999 SPECIAL ACHIEVEMENT MUNICIPAL COOPERATION Dr Hzroyuka Hamada, Mary Russo, Volunteer Co-Ordinator and Diane Roche, Volunteer Co-Leader, with the following Volunteer Co-ordtnators, Doras Hindlin, Donna Weadner, Bessie Bell and Cecilia Slade ACCEPTED the award August 3, 1999 -19- tem VI-H.l.b. 'RESENTATION ITEM # 45288 vlayor Oberndorf PRESENTED • SISTER LIBRARIES - Virginia Beach and Miyazaki, Japan "A White House Millennium Council project designated by U.S. National Commission on Libraries and Information Science " Marcie Sims, Director - Public Libraries, ACCEPTED the award. August 3, 1999 -zo- Item VI-H.2. PRESENTATION ITEM # 45289 Mayor Oberndorf PRESENTED: CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE Government Finance Officers Association Patricaa A. Phillaps, Director, Department of Finance, ACCEPTED the Certif cate, on behalf of the entare Finance Department This Certificate for Excellence in Financial Reporting has been received for the Twentieth Year. Thas zs a direct reflection on City Councal's financaal management Mrs Phillaps recognazed Robert Hays, Assistant Comptroller, Rich Dunford , Don Barrett, Richard Lester, Princapal Accountant, who were the leaders in the compiling the document and all thear staffs. This was the last CAFR prepared from the old system. The CAFR is an excellent reference for credit rating agencies and as clear, conczse anformation for catizens and investors. August 3, 1999 -21- Item VI-I. RESOL UTION ITEM # 45290 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED IN ONE MOTION, Resolutions 2 and 3 of the CONSENT AGENDA. Votang • 11-0 Councal Members Voting Aye. Linwood O. Branch, III, Margaret L Eure, Willaam W. Harrason, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, MayorMeyeraE Oberndorf, NancyK Parker, ViceMayor Willaam D. Sessoms, Jr and A. M. "Don " Weeks Council Members Voting Nay: None Council Members Absent • None August 3, 1999 -zZ- Item VI-I.1. RESOL UTION ITEM # 45291 The following spoke in SUPPORT of a November Referendum for Light Rail: Brian Kirwin, 304 Cripple Creek Court, Phone • 433-3470 Al Strazzullo, 3120 Sand Pine Road, Phone: 481-0024 Wally Erb, 1 SO Cayuga Road, Phone: 497-7451, advised the citizens initiated a petition drive the last week ofJune and~led with the court relative light rail. Mtke Arsuga represented Al Wallace, 4601 Chappendale Court, Phone. 497-2187 David Clark, IV, 1209 North Bayshore Drive, Phone. 422-0040, previously served on the Southeastern Varganaa Planning Dastrict Commassion for 14 years. Robert K. Dean, 1204 Shawn Drive, Phone: 427-6606, President - Citzzens Action Coalitaon, Inc. Marv Keefer, 4729 Eldon Court, Phone • 456-0070 A MOTION was made by Council Lady Parker, seconded by Council Lady McClanan, to ADOPT a Resolution to request the CIRCUIT COURT order an election be held on November 2, 1999, re the sense of qualified voters of Virginia Beach as to the question of whether the City Councal should adopt an ordanance approving the LightRail project; and, to request the General Assembly enact a five percent (5 %) tax on the retail price of gasoline to fund the project (Requested by the Honorable Meyera E Oberndor~ Upon SUBSTITUTE MOTION by Councilman Harrison, seconded by Vice Mayor Sessoms, Caty Councal ADOPTED, AS AMENDED *. Resolution to request the CIRCUIT COURT order a referendum election be held on November 2, 1999, on the questaon of whether City Council should adopt an ordinance approvtng the development and financing of the proposed Virginia Beach Norfolk- Naval Base Light Rail Transit Project (Requested by Counczlman William W. Harrison, Jr.) *In the title of the Resolution and the question appearing on the Ballot, the following verbiage shall be inserted after "The proposed Virginia Beach-Norfolk " and before ". Light Rail Transat Project ". `=Naval Base.." to read . "Should the City Counctl adopt an ordinance approving the development and .financing of the proposed Virginia Beach-Norfolk Naval Base Light Rail Transit Project7" Votrng • 11-0 Councal Members Voting Aye. Lznwood O. Branch, III, Margaret L. Eure, Willaam W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Ytce Mayor William D Sessoms, Jr and A M"Don " Weeks Council Members Voting Nay. None Council Members Absent: None August 3, 1999 Requested by Councilmember William W Harrison, Jr. 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 A RESOLUTION REQUESTING THE CIRCUIT COURT TO ORDER THAT A REFERENDUM ELECTION BE HELD ON NOVEMBER 2, 1999, ON THE QUESTION OF WHETHER CITY COUNCIL SHOULD ADOPT AN ORDINANCE APPROVING THE DEVELOPMENT AND FINANCING OF THE PROPOSED VIRGII~IIA BEACH-NORFOLK-NAVAL BASE LIGHT RAIL TR.ANSIT PROJECT WHEREAS, the State's 1998-2000 Biennial Budget ("State Budget") provides funding in the amount of One Million, Nine Hundred Thousand Dollars ($1.9 million) in the second year to the Tidewater Transportation Distnct Commission for development of the Virginia Beach- Norfolk Transit System ("Light Rail Transit Pro~ ect"); WHEREAS, the State Budget states that "[s]econd year funding shall be provided if (i) a ma~ority of voters in the City of Virginia Beach, and any other affected locality that decides to hold a referendum, support a November 1999 referendum to approve the development and financing of the proposed Virginia Beach-Norfolk Transit System; or (ii) a referendum on the question is not held by November 1999;" WHEREAS, § 3.05 ( fl of the City Charter grants City Council the power "[t]o provide for the submission of any proposed ordinance to the qualified voters of the city at an advisory referendum to be initiated by a resolution to the circuit court of the city and held ... in the manner provided by law . . . ;" WHEREAS, City Council has consistently conditioned its continued support for the proposed Light Rail Transit Project on the citizens' support for the Pro~ect at an advisory referendum; and WHEREAS, in light of the aforementioned State Budget provision and City Council's consistent position on citizen approval, City Council is of the opinion that the issue of whether the Council should adopt an ordinance approving the development and financing of the proposed Light Rail Transit Pro~ect should be submitted to the voters of the City of Virginia Beach at an advisory referendum to be held at the November 2, 1999, general election. 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 3 2 VIRGINIA BEACH, VIRGINIA: 3 3 1. That, pursuant to § 3 OS( fl of the Charter of the City of Virginia Beach, the 3 4 Circuit Court of the City of Virginia Beach is hereby requested to order an election to be conducted 3 5 in accordance with §§ 24.2-682 and 24.2-684 of the Code of Virginia (1950), as amended, and held 3 6 on November 2, 1999, to take the sense of the qualified voters of the City on the question of whether 3 7 the City Council should adopt an ordinance approving the development and financing of the 3 8 proposed Light Rail Transit Project. 3 9 2. That the question to appear on the ballot shall read as follows: 4 0 Should the City Council adopt an ordinance approving the 41 development and financing of the proposed Virginia Beach- 4 2 Norfolk-Naval Base Light Rail Transit Project? 4 3 Yes No 4 4 3. That, if a majority of the voters voting at the election approve the question set 4 5 forth above, any ordinance that may be adopted by the City Council shall be substantially similar 4 6 to the proposed ordinance attached hereto as Exhibit "A;" 4 7 4. That a copy of the proposed ordinance shall be made available for inspection 4 8 at the City Clerk's Office and all public libraries and recreation centers within ten (10) days of the 4 9 passage of this resolution, and shall be posted on the City's web page as soon as possible. 5 0 Furthermore, the City Clerk shall fax a copy of the proposed ordinance to any citizen upon request; 51 and 52 5. That the City Attorney is hereby directed to file a certified copy of this 5 3 resolution, along with an appropnate petition and order, with the Circuit Court of the City of 54 Virginia Beach for such an election to be held on November 2, 1999. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 day of August , 1999. CA-7436 ORDIN~NONCODE~I,IGHT RAIL 3.RES AUGUST 3, 1999 R9 2 EXHIBIT "A" 1 .AN ORDINANCE APPROVING THE 2 DEVELOPMENT AND FINANCING OF THE 3 PROPOSED VIRGINIA BEACH-NORFOLK- 4 NAVAL BASE LIGHT R.AIL TRANSIT 5 PROJECT 6 WHEREAS, a majority of the qualified voters of the City 7 of Virginia Beach who voted at an advisory referendum held on 8 November 2, 1999, expressed support for City Council's adoption of 9 an ordinance approving the development and financing of the 10 proposed Virginia Beach-Norfolk-Naval Base Light Rail Transit 11 Project. 12 NOW , THEREFORE , BE I T ORDAI NED BY THE COUNC I L OF THE C I TY 13 OF VIRGINIA BEACH, VIRGINIA: 14 That City Council hereby approves the development and 15 financing of the proposed Virginia Beach-Norfolk-Naval Base Light 16 Rail Transit Project and the City of Virginia Beach's continued 17 participation in the Project. 18 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia, on the day of , 1999. CA- ODIN\NONCODE\LIGHTRAIL2.ORD August 2, 1999 R5 -23- Item YI-I.2. RESOL UTION ITEM # 45292 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heaschober, Caty Council ADOPTED Resolution to appoint KARLA C. HAYNES as Assistant City Attorney effectave 16 August 1999 Voting • I1-0 (By Consent) Council Members Voting Aye: Lznwood O. Branch, III, Margaret L Eure, William W. Harrzson, Jr , Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Willaam D Sessoms, Jr. and A. M"Don " Weeks Counczl Members Voting Nay None Councal Members Absent None August 3, 1999 1 A RESOLUTION APPOINTING KARLA C. 2 HAYNES TO THE POSITION OF ASSISTANT 3 CITY ATTORNEY 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That pursuant to ~ 2-166 of the Code of the City of 7 Virginia Beach, Virginia, Karla C. Haynes is hereby appointed to 8 the position of Assistant City Attorney, effective August 16, 1999. 9 Adopted by the Council of the City of Virginia Beach, 10 Virginia, on the 3rd day of August , 1999. 11 CA-7445 12 ORDIN\NONCODE\KARLA HAYNES. RES 13 R-1 14 PREPARED: 07/15/99 15 APPROVED AS TO LEGAL 16 SUFFICIENCY 17 1 8 City Attorney -24- Item VI-I3 RESOL UTION ITEM # 45293 Upon motion by Vice Mayor Sessoms, seconded by Councalman Heischober, Cary Councal APPROVED: License Refunds: $31,565.29 Voting. 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, William W. Harrason, Jr., Harold Heaschober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, MayorMeyeraE Oberndorf, NancyK. Parker, ViceMayor Willaam D Sessoms, Jr and A. M. "Don " Weeks Councal Members Voting Nay None Council Members Absent None August 3, 1999 FORM NO C A 8 REV 3/88 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved LICENSE DATE NAME gASE INTEREST TOTAL YEAR PAI D ACCELERATED REAL ESTATE SERVICES INC 06/30/99 AUDIT ~o 00 1 17 ~~ ~~ AMERICAN STUDIOS INC 07/12/99 AUDIT 203 79 0 00 203 79 BALDWIN JOYCE M 07/12/99 AUDIT 10 00 0 33 10 33 BEACH AUTOMOTIVE SERVICE CORP 06/29/99 AUDIT 3 60 1 14 4 74 BERGQUIST CARL 07/12/99 AUDIT ~o 00 0 00 10 00 BLACK DOG GALLERY LLC 06/29/99 AUDIT ~o 00 0 00 ~0 00 BOBBITT ELIZABETH B o~lo2~s9 AUDIT 10 00 0 00 ~o 00 BOUCHONNET ROBERT W/TERESA LEE 0~/07/99 AUDIT ~0 00 0 00 10 00 CRUISE VENTURES INC 07/12/99 AUDIT 652 35 81 51 733 86 DELIGHT INC 07/06/99 AUDiT 127 91 15 98 143 89 FF ACQUISITION LLC 07/02/99 AUDIT 17,318 79 0 00 17,318 79 FIRST CHOICE PROPERTIES CORP 07/os/99 AUDIT 1,591 75 60 09 1,651 84 GT6 ENTERPRISES INC 1999 07/07/99 1 66 0 00 1 66 HARRIS SHAREE L 0~/12/99 AUDIT 40 00 8 66 48 66 MIDAS TOUCH LTD 07/06/99 AUDIT 245 72 14 21 259 93 SPARROW GREGORY S o7/09/9s AUDIT 50 00 1 67 51 67 Certif ~to p y ent ~ ~ h li J Kellam Co missioner of the Revenue Approved to form eslie Lrlley City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $20,480 33 were approved by the Council of the City of Virginia Beach on the 3rd day of Auc~ust ,19 99 Ruth Hodges Smith City Clerk FORM NO C A 8 REV 3/B6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved LICENSE DATE NAME gASE INTEREST TOTAL YEAR PAID A DIFFERENT TOUCH INC os/22~99 AUDIT 346 61 0 00 346 61 ANOTHER ROUND INC 06/25/99 AUDIT 155 06 5 17 160 23 CHURCH POINT MARKET INC ~99s 06/25/99 76 83 0 00 76 83 COMPULAND INC 06/23/99 AUDIT 542 28 0 00 542 28 ECKERD CORPORATION 1999 07/01/99 898 59 0 00 898 59 EDWARDS MARK A 1999 06~25~9s 49 38 0 00 49 38 GHANBARI AKBAR 1999 O6/30/99 252 65 0 00 252 65 H E R B S INC 06/24/99 AUDIT 20 00 0 25 20 25 HAYNES FURNITURE CO INC os/24~99 AUDIT ~,258 32 0 00 ~,258 32 INTERNATIONAL NAILS INC 1999 06~25~99 13 44 0 00 13 44 MUSICIANS PLANET DELAWARE LLC 1999 06/28/99 25 96 0 00 25 96 NEALRAJ INC 1999 06~25/99 110 88 0 00 1 ~0 88 OWEN BUSINESS SERVICES INC 1999 06~29/99 107 56 0 00 107 56 PERSEPOLICE INC 1999 06/22/99 3 50 0 00 3 so SMITH BILLY RAY JR 1999 06/25/99 10 25 0 00 ~0 25 TANDY CORPORATION 06/22l99 AUDIT 149 59 39 89 189 48 TRIANGLE FUNDING CORP 1999 os/3o~99 83 48 0 00 83 48 VAN DAA~EN JONATHAN O 1999 06/24J99 so 22 0 00 60 22 VIRGINIA BEACH VETERINARY HOSPITAL 1999 06/25/99 363 64 0 00 363 64 VOGEL PEDIATRICS INC 1999 06/25/99 491 41 0 00 491 41 Certified a to payme ~~,~ ~- Philip ,! Kellar~ - Commissioner of the Revenue Approved as form eslie L Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $11,084 96 were approved by the Council of the City of Virginia Beach on the 3rd day of August ,19 99 Ruth Hodges Smith City Clerk -zs- Item VI-J. PUBLIC HEARING ITEM # 45294 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on. PLANNING 1. PRINCESSHOUSE, L.L. C. CONDITIONAL USE PERMIT August 3, 1999 - 26 - Item VI-J.1. PUBLIC HEARING ITEM # 45295 PLANNING The following registered in SUPPORT: Attorney Mtchael Levinson, 303 34`~ Street, represented the applicant J Lloyd Wolfe, 4777 Marlwood Way, resident of Kempsville Laeks, Phone: 499-7357 The following registered in OPPOSITION: William Bailey, 4841 Rosecroft Street, Phone• 495-0637 Upon motion by Councilman Weeks, seconded hy Councilman Harrison, Crty Councrl ADOPTED the Ordinance upon application of PRINCESS HOUSE, L.L.C., for a Conditional Use Permit• ORDINANCE UPONAPPLICA TION OF PRINCESS HO USE, L. L. C FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR THE AGED R08992289 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applccatron of Princess Anne House, L L. C. for a Condctional Use Permit for housing for the aged on certain property located on the east side of Princess Anne Road, 180 feet north o,,f Baxter Road Said parcel contatns 5.014 acres DISTRICT 2- KEMPSVILLE The following conditions shall be required: 1. The Conditional Use Permit approval shall allow for the establrshment of an independent living facility consisting of 186 unrts for independent lrving as shown on the submitted preliminary landscape and site plan, dated October 1 S, 1998, on ~le in the Department of Planning o~ce 2 The location and design of all proposed exterior signs must be submitted to and approved by the Drrector of Planning prior to the submcsston of the signs for City permit approvals Any free standing signs shall be monument style. 3 The architecture and building materials of the proposed structures shall be in keeping with the renderings and photographs submitted to the Planning Department and displayed at the public heartngs. White painted steel columns will be used instead of the wooden columns shown in the photographs of the interior elevations. The shutters adjacent to the triple window in the front pediment as shown on the front elevation must be removed. 4 Automatic sprinkler and~re alarm systems shall be installed in the independent living facilities as approved by the Off ce of Fire/Plans Review and the City Ftre protection Engineer. Such systems shall comply with NFPA 13R and NFPA 13 S Cross access shall be provided to the property ad~acent to the southeast in order to facilitate access to Baxter Road in the future The appl:cant shall construct the cross access drive aisle with development The location must be acceptable to Traf~c Engrneering August 3, 1999 -z~- Item VI-J.1. PUBLIC HEARING ITEM # 45295 (Continued) PLANNING 6. At a minimum, amenities shall include landscaped courtyards with two shuffle boards, a gazebo, walking paths with gardens, benches, grills and picnic tables. Three meeting rooms, totaltng not less than 1300 square feet with an equipped exercise room, shall also be provided. 7 Van service shall be provided to the resrdents by the developer/management. 8. Forty percent of the units will be made avatlable to tenants whose income does not exceed 60% of the median area income The rent for these units, including utilities, will not exceed 30% of the 60% adjusted median area income. The remaining units in the project may be rented at market rates. 9 Applicant to provide a berm with landscaping around the perimeter of the property. This Ordinance shall be effective :n accordance with Section 107 (~ of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Third o~ugust. Nineteen Hundred and Ninet,y-Nine Votrng 7-4 Council Members Voting Aye • Linwood O Branch, IIl, Margaret L. Eure, William W. Harrison, Jr , Harold Heischober, Louis R Jones, Vice Mayor William D Sessoms, Jr and A M "Don " Weeks Council Members Voting Nay • Barbara M Henley, Reba S. McClanan Mayor Meyera E. Oberndorf and Nancy K. Parker, Council Members Absent: None August 3, 1999 --, ._ ~ - - - ~ - - -28- Item VI-K.1. APPOINTMENTS ITEM # 45296 BY CONSENSUS, Caty Council RESCHEDULED the following APPOINTMENTS: FRANCIS LAND HOiISE BOARD OF GOVERNORS HEALTH SYSTEMS ADVISORY BOARD PARKS AND RECREA TION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD August 3, 1999 -29- Item YI-M.1. NEW BUSINESS ITEM # 45297 Councalman Jones distributed the REVISED RESOLUTION, which will be SCHEDULED for the Ctty Councal Sessaon of August 10, 1999: Resolution to Endorse to the Governor and the General Assembly the Transportation Pro~ects contained in the Metropolitan Planning Organization's 2020 Transportation Plan, as set forth in the Hampton Roads PlanningDistract Commission's Briefingpackage dated July 7,1999 and ent:tled, "Regional Priority Setting - The Future of Transportation in Hampton Roads" and requesting the Governor and the General Assembly to find appropriate sources of fundang for such pro~ects August 3, 1999 - 30 - Item VI-N.. ADJOURNMENT ITEM # 45298 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:35 P.M. - --- ~.-- y'`~O `1 ~~ Beverly O. oks, CMC/AAE Chaef Deputy Caty Clerk uth Hodges Smith, CMC/AAE City Clerk Caty of Virginta Beach Virgtnia Meyera E Oberndorf Mayor August 3, 1999