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JULY 2, 1996 MINUTES "f @irg4i@icA "WORLD'S LARGEST RESORT Cf"" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH, III, Virginia Beach Borough W.W. HARRISON, JR., Lynnhaven Borough HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough REBA S. McCLANAN, Princess Anne Borough NANCY K. PARKER, At-Large LOUISA M. STRAYHORN, Kempsville Borough IIAI,L B@)ll,iliNl@ JAMES K. SPORE, City Manager CITY COUNCIL AGENDA 1411 1 III)IIIIIII@SI 111@ll LESLIE L. LILLEY, City Attorney I @Rlil \'IA III A( II VIR(;INIA 21151) "I'l@, RUTH HODGES SMITH, CMC/AAE, City Clerk @57 4'7 430? JULY 2, 1996 I. CITY MANAGER'S BRIEFING - Conference Room - 12:NOON A. JOINT BILLING PROJECT - PUBLIC UTILITIES/PUBLIC WORKS/HRSD Clarence Warnstaff, Director of Public Utilities II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue-Reform C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. CEREMONIAL ORGANIZATION OF VIRGINIA BEACH CITY COUNCIL Presiding: The Honorable J. Curtis Fruit Clerk of the Virginia Beach Circuit Court 1. OATH OF OFFICE TO MAYOR 2. OATH OF OFFICE TO MEMBERS OF CITY COUNCIL 3. ELECTION OF VICE-MAYOR 4. OATH OF OFFICE TO VICE MAYOR G. FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL Mayor Meyera E. Oberndorf, Presiding H. MINUTES 1. INFORMAL & FORMAL SESSIONS June 25, 1996 I. ADOPT AGENDA FOR FORMAL SESSION J. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. K. RESOLUTION 1. Resolution to request the Virginia Department of Transportation (VDOT) for Department Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds re evaluation and retiming of traffic signals at approximately seventy-five intersections, (estimated cost: $150, 000); and, authorize the City/State agreement. L. ORDINANCES 1. Ordinance to AMEND Sections 2-421 through 2-424 of the City Code clarifying responsibilities and protocol re provisions of Emergency Medical Services. 2. Ordinance to AMEND Section 10.5-2 of the City Code EXCLUDING Volunteer Rescue Squads and City-Contracted Lifeguard Contractors from the requirement that Emergency Medical Services Agencies obtain a permit from City Council. 3. Ordinance to AMEND Section 2-89 of the City Code re annual review of City Council Appointees. (Requested by Vice mayor William D. Sessoms, Jr.) 4. Ordinances re annual compensation for City Council Appointees: a. City Manager b. City Attorney C. City Clerk d. City Real Estate Assessor 5. Ordinance to establish the Salem Road right-of-way at the Independence Boulevard Intersection as an underground utility area (KEMPSVILLE BOROUGH). 6. ordinance appointing viewers in the petition of Ledesa Land Company for the closure of a portion of a 15-foot alley adjoining Lots 9 and 21, in Block 20, Croatan Beach (LYNNHAVEN BOROUGH). 7. Ordinance to authorize License Refunds in the amount of $3,149.88. M. APPOINTMENT EROSION COMMISSION N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT COUNCIL RECESS JULY 10 31, 1996 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) 6/27/96BAP AGENDA\07\02\96.ITM M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 2, 1996 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING for the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 2, 1996, at 12:NOON. Council Meinbers Present John A Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Louisa M. Strayhorn [ENTERED: 1:05 PM] - 2 - CITY MANAGER'S BRIEFINGS JOINT BILLING PROJECT - PUBLIC UTILITIES/PUBLIC WORKS/HRSD 12 NOON ITEM # 40979 Clarence Warnstaff, Director of Public Utilities, provided information relative the status of the City's effort with Hampton Roads Sanitation District (HRSD) to provide joint utility bills for water service, sanitary sewer service, stormwater and wastewater treatment. The Bill will be issued every two months by Hampton Roads Sanitation District's new Hampton Roads Utility Servise (HRUBS). Joint utility billing is underway between the City of Norfolk, James City County and the Hampton Roads Sanitation District. HRSD approached all the jurisdictions and the Planning District Commission several years ago regarding the joint billing. A decision was made to select one jurisdiction each from the north and south side as a pilot program to determine its effectiveness. Public Utilities currently provides water and sanitary sewer service to customers in Virginia Beach. The City collects the wastewater from homes and companies operating in the City and pumps or conveys this wastewater to the Hampton Roads Sanitation District where the treatment is provided. The City's Stormwater Management Program is managed and directed by the Department of Public Works. Public Utilities reads water meters in the City on a 60-day billing cycle. As a result, six bills a year are sent to the customers. HRSD takes the City's water readings and prepares a wastewater treatment bill. Therefore, HRSD is on the same billing cycle and sends six bills per year. For three years, with the implementation of the Stormwater Management Program and associated charges, the Public Works Department has been billing customers on a quarterly basis four (4) times a year. A resident receives a total of 16 bills (6 from Public Utilities, 6 from HRSD and 4 from Public Works). With the Joint Billing Program, the 16 billings will be reduced to a total of 6. The City expects to save more than $425,000 a year from printing, postage and collection expenditures. The additional savings will be invested in additional maintenance and capital improvements for the City's utilities. Customers will save about $3 a year in postage, for a total savings to all customers of about $345,000. Norfolk and James City Counnty do not have a formal agreement between the jurisdiction and HRSD. Virginia Beach wishes to have a formal agreement. The City is in the process of reviewing the agreement and will be SCHEDULED for City Council's review and consideration. CURRENT PROCEDURES JOINT BHAJNG PROCEDURE Water & Sewer Billing Storm Water Billing HRUBS Billing Bill Prepared & Public Utilities Public Works VB/HRSD Prepared, Mailed Mailed by HRSO Payment Processing City Treasurer City Treasurer HRSD Location to Pay in City Treasurer's Office City Treasurer's Office City Treasurer's Person Offlce; HRSD; Nopfolk Public Utilities, James City county. CURRENT PROCEDURES JOINT BLLLJNG PROCEDURE Water & Sewer Billing Storm Water Billing HRUBS Bzllmg Bill Due Date 20 days 30 days 30 days Have You forgotten Yes, 30 days No No Notice Final Notice Yes; 37 Days No Yes: 31 Days Termination of 45 Days A lien is placed on the 45 Days Service for Non - property Payment July 2, 1996 3 CITY MANAGER'S BRIEFINGS JOINT BILLING PROJECT - PUBLIC UTILITIESIPUBLJC WORKSIHRSD ITEM # 40979 (Continued) CURRENT PROCEDURES JORVT BILLJNG p RE Water & Sewer Billing Storm Water Billing HRUBS Billing Account Number on Public Utilities Public Works Account New HRUBS Account Bill Account Number Number Number Billing Frequency 60 Days in Arrears 90 Days in Advance 60 Days in Arrears Bill Format Water supply; Service Storm Water Water Supply; Service Availability; Utility Management Availability; Utility Tax; Sanitary Sewer Tax, Sanitary Sewer Service Service; Storm Water Management; Wastewater Treatment. CURRENT PROCEDURES JOINT BILLING PROCEDURE Water & Sewer Billing Storm Water Billing HRUBS Billing Person Billed Property Property Owner Property Owner/Renter/ Owner/Renter/ Management Company Management Company The outstanding balance is approximately $800,000 for the three year period of the Storm Water fee. For the first year billed 99.9% has been collected and for the second year in operation, 98% has been collected The Public Utilities Department is currently coordinating with the City Attorney's Office relative amendments to the City Code: Chapter 28: Sewers and Sewage Disposal; Chapter 37 Water Supply, Chapter 39 Storm Water. Mr. Warnstaff advised the following Public Education Program: Bill Stuffers Press Release Beach Advisory BEAM (Fmployee Newsletter) Civic League Advisory BEACON July Z 1996 4 CITY MANAGER'S BRIEFINGS JOINT BILLING PROJECT - PUBLIC UTILITIES/PUBLIC WORKS/HRSD ITEM # 40979 (Continued) Mr. Warnstaff displayed a sample of a joint bill from the Hampton Roads Utility Billing Service (HRUBS). The TARGET DATE was tentatively set for July 1, 1996, with a two month implementation period. However, the programming required is approximately 60 days behind schedule. The vast majority of the programming is being developed by the Hampton Roads Sanitation District. A new comprehensive customer data base is being developed in order to facilitate joint billing. The new TARGET DATE is September 1, 1996. July 2, 1996 5 AGENDA REVIEW SESSION 12:43 PM. ITEM # 40980 Council Lady Parker inquired re: L.3 Ordinance to AMEND Section 2-89 of the City Code re annual review of City Council Appointees. (Requested by Vice Mayor William D. Sessoms, Jr.) Ylce Mayor Sessoms advised this will allow City Council to determine the effective date of such salaries and benefits. Currently all have an effective date of January 1, 1996. ITEM # 40981 Council Lady Parker referenced: L-5 Ordinance to establish the Salem Road right-of-way at the Independence Boulevard Intersection as an underground area (KEMPSVILLE BOROUGH). John Herzke, City Engineer, advised this is a VDOT Project but the City is performing the landscaping plans by Roger Huff, Landscape Services. However, these have not been finalized. 90% of the construction design has been completed. Mr. Herzke advised from now on as new projects are initiated, a design team will be requested to approve a landscape architect and an aesthetics consultant. Councilman Louis Jones advised he will abstain on this matter as he owns adjacent property. ITEM # 40982 Council Lady McClanan requested the addition of an item under NEW BUSINESS. Council Lady McClanan agreed to sponsor Mrs Stacy Adams of the Ocean Lakes area regarding the traffic conditions at the intersection of Upton and Culver. She and other concerned citizens at the Upton and Culver Road intersection area have prepared a petition to present to City Council regarding the continuing series of accidents and the fatality that occurred recently. July Z 1996 6 AGENDA REVIEW SESSION ITEM # 40983 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTIONS/ORDINANCES K.1 Resolution to request the Virginia Deparonent of Transportation (VDOT)for Department Congestion Mitigation and Air Quality .ges Improvement Program (CMAQ) funds re evaluation and retiming of traffic signals at approximately seventy-five intersections, (estimated cost: $150,000); and, authorize the City/State agreement L.1 Ordinance to AMEND Sections 2-421 through 2-424 of the City Code clarifying responsibilities and protocol reprovisions of Emergency Medical Services. L.2 Ordinance to AMEND Section 10.5-2 of the City Code EXCLUDING Volunteer Rescue Squads and City-Contracted Lifeguard Contractors from the requirement that Emergency Medical Services Agencies obtain a permit from City Council. L.3 Ordinance to AMEND Section 2-89 of the City Code re annual review of City Council Appointees. (Requested by Vice Mayor William D. Sessoms, Jr.) L.4 Ordinances re annual compensation for City Council Appointees: a. City Manager b. City Attorney c. City Clerk d City Real Fstate Assessor L.5 Ordinance to establish the Salem Road right-of-way at the Independence Boulevard Intersection as an underground utility area (KEMPSVILLE BOROUGH). L.6 Ordinance appointing viewers in the petition of Ledesa Land Company for the closure of a portion of a 15-foot alley adjoining Lots 9 and 21, in Block 20, Croatan Beach (LYNNHAVEN BOROUGH). L-7 Ordinance to authorize License Refunds in the amount of $3,149.88. July Z 1996 7 ITEM # 40984 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 2, 1996, at 1:00 P.M. Council Members Present.- John A Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent.- Louis R. Jones and Louisa M. Strayhorn July Z 1996 8 ITEM # 40985 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EY-ECU77VE SESSION, pursuant to Section 21 -344, Code of Virginia, as amended for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments: Boards and Commissions: Erosion Commission Hampton Roads Planning District Commission VML - Policy Committee UPon motion by Council Lady Parker, seconded by Councilmbnan Branch, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc& III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Reba S McCianan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- Louis R Jones and Louisa M. Strayhorn July Z 1996 9 FORMAL SESION VIRGINIA BEACH CITY COUNCIL July 2, 1996 2:00 PM. Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 2, 1996, at 2:00 P.M. Council Members Present.- John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent.- None IIVVOCATION.- Rabbi Israel Zoberman Beth Chaverim Synagogue-Reform PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA July Z 1996 - 10 - Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 40986 Upon motion by Vice Mayor Sessoms, seconded by councilman jones, City Council CERTIFIED THE EXECUTIVE 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 Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, I+zlliam W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parkf!r, Trice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None July 2 1996 Resolution CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CYRY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 40995 Page No. 8 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 Executive 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 membees knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk July 2, 1996 - 11 - v- - OATH OF OFFICE ITEM # 40987 The Honorable J. Curtis Fruit, Clerk of Circuit Court, administered the formal Oath of Office to: The Honorable Meyera E. Oberndorf Mayor 1996 - 2000 July Z 1996 - 12 - It= V-F2. OATH OF OFFICE ITEM # 40988 The Honorable J. Curtis Fruit, Clerk of Circuit Court, administered the formal Oath of Office to: John A. Baum - Blackwater Borough July 1, 1996 - June 30, 1998 Linwood O. Branch, III - Virginia Beach Borough July 1, 1996 - June 30, 1998 Harold Heischober - At Large July 1, 1996 - June 30, 2000 Reba S. McClanan - Princess Anne Borough July 1, 1996 - June 30, 1998 July Z 1996 - 13 - Item V-F,3. ELECTION OF VICE MAYOR ITEM # 40989 Mayor Meyera E. Oberndorf called for the NOMINATIONS for the petition for the YICE MAYOR of the City of Virginia Beach. Upon NOMINATION by Councilman Baum, City Council placed in NOMINATION the name of William D. Sessoms, Jr. City Council ELECTED: William D. Sessoms, Jr. Vice Mayor July 1, 1996 to June 30, 1998 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louu R Jones, Reba & McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent None July Z 1996 - 14 - Item V-F.4, OATH OF OFFICE TO THE VICE MAYOR ITEM # 40990 The Honorable J. Curtis Fruit, Clerk of Circuit Court, administered the formal Oath of Office to the Vice mayor.- William D. Sessoms, Jr. Vice Mayor July 1, 1996 to June 30, 1998 July Z 1996 - 15 - Itein V- G. FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL ITEM # 40991 Mayor Oberndorf delineated the FORMAL AND INFORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL. A copy of the FORMAL and INFORMAL SEATING chart is hereby made a part of the record. July Z 1996 FORMAL SEATING VIRGINIA BEACH CITY COUNCIL Coun Mw eAZOM6 Coun@ @-I StPLayho,tn Co McCtanan I I Coun @6beA ,. , I /, VIRGINIA BEACH COUNCIL CHA@IBERS I INFORMAL VIRGINIA BEACH CITY COUNCIL Ma ObeAn4oq6 (O)L yot Se,6,6orn6 Coun@ Councit L !A Coun an Jone,6 0 0 Councit L4dy Hent y COun an Btanch u Coun@an Lady StAayhotn u Councitman eA Lady McCtanan - 16 - Ite,m V-H.I. MINUTES ITEM # 40992 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED, the Minutes of the INFORMAL AND FORMAL SESSIONS of June 25, 1996. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Reba R McClanan Council Members Absent: None Council Lady McClanan ABSTAINED as she was not a member of City Council during the Formd Session of June 25, 19%. July Z 1996 - 17 - Ikm IV- G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 40993 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDITION UNDER NEW BUSINE&S.- Council Lady McClanan will sponsor Mrs Stacie Adams of the Ocean Lakes area regarding the trafflc conditions at the intersection of Upton and Culver. July Z 1996 - 18 - imm V-KIL. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40994 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one motion Resolution 1 and Ordinances 1, 2, 3, 4, 5, 6 and 7 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A Baum, Linwood 0. Branc/4 III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, LouLs P, Jones, Reba S. McClanan, Mayor Meyera E. Obemdorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None Councilman Jones ABSTAINED on Item L.5. Council Lady McClanan ABSTAINED ON ITEM L 4, alblcld. July Z 1996 - 19 - item V-Kl. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40995 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED. Resolution to request the Virginia Department of Transportation (VDOT) for Department Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds re evaluation and retiming of traffic signals at approximately seventy-five intersections, (estimated cost: $150,000); and, authorize the City/State agreement. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McCianam, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessonw, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None July Z 1996 PROJECT PROGRAMMING RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the Department program Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds for qualified projects within the City of Virginia Beach; now THEREFORE, BE IT RESOLVED, that the Council of the City of Virginia Beach, Virginia, requests the Virginia Department of Transportation program funding and provide project administration for the evaluation and retiming of approximately seventy-five (75) traffic signals. ADOPTED THIS Second DAY OF July 1996 CITY OF VIRGINIA BEACH, VIRGINIA ATTEST BY Clerk of Council Mayor/City Manager nfe 6/25/96 A" PROJECT PROGRAMMING RESOLUTION WHEREASO, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the Department program Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds for qualified projects within the City of Virginia Beach; now THEREFORE* BE IT RESOLVED, that the Council of the City of Virginia Beach, Virginia, requests the Virginia Department of Transportation program funding and provide project administration for the evaluation and retiming of approximately one hundred six (106) traffic signals. ADOPTED THIS Ninth DAY OF May 1996, CITY OF VIRGINIA BEACH, VIRGINIA. ATTEST BY Clerk of Council Mayor/City Manager i@iS -iO LEGAL CERTIFIED TO BE A TRUE COPY OF A RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON May 9, 1996 EWth Hodget Smith, CMC/AAE City Clerk AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA DEPARTMENT OF TRANSPORTATION The City of Virginia Beach, Commonwealth of Virginia, hereinafter referred to as VIRGINIA BEACH, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT, hereby agree as follows: 1 The DEPARTMENT will prosecute a project for a city wide signal re-timing within VIRGINIA BEACH, Project UOOO-134- 148, PE-101, C-501, and Federal Project CMG-5403(439). 2. VIRGINIA BEACH requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board and Federal Highway Administration and agrees that if such project is approved and constructed by the DEPARTMENT, VIRGINIA BEACH, thereafter, at its own expense, maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. 3. VIRGINIA BEACH agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. 4. VIRGINIA BEACH agrees to participate in the actual cost of this project which includes a special provision for price adjustment in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applies to actual costs@ PROJECT COST VIRGINIA BEACH'S SHARE ESTIMATED FEDERAL STATE ITEM COST - SHARE HARE % &MOUNT Construction $ 345,000,00 $315,000.00 $30,000.00 0 $ 0.00 TOTAL $ 345,000.00 $315,000.00 $30,000.00 0 $ 0.00 *This will be 80% Federal Participation and 20% State Participation up to $150,000. Expenditures above $150,000 will be 100% Federal Participation. -2- IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the CITY of VIRGINIA BEACH on the day of 1996, and the DEPARTMENT on the day of 1996. ATTEST@ CITY OF VIRGINIA BEACH BY BY CITY CLERK CITY MANAGER NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM CITY ATTORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY COMMISSIONER 3 - 20 - CONSENT AGENDA RESOLUTIONSIORD,VVANCES ITEM # 40996 Upon motion by Trice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND Sections 2-421 through 2-424 of the City Code clarifying responsibilities and protocol re provisions of Emergency Medical Services. Voting: 11-0 (By Consent) Council Members Voting Aye: John A Baum, Linwood 0. Branci% III, grilliam W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba & McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoiw, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None July Z 1996 1 2 AN ORDINANCE TO AMEND SECTION 10.5-2 3 OF THE CITY CODE BY EXCLUDING 4 VOLUNTEER RESCUE SQUADS AND CITY- 5 CONTRACTED LIFEGUARD CONTRACTORS 6 FROM THE REQUIREMENT THAT EMERGENCY 7 MEDICAL SERVICES AGENCIES OBTAIN A 8 PERMIT FROM CITY COUNCIL 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Section 10.5-2 of the Code of the City of Virginia Beach, 12 Virginia, is hereby amended and reordained to read as follows: 13 Sao. 10.5-2. Permit required. 14 (a) it shall be unlawful, @In accordance with section 32.1- 15 156-r of the Code of Virginia, as amended it shall be unlawful for 16 any individual or organization to operate an emergency medical 17 services agency, or anv vehicle in the city for emergency transport 18 purposes or nonemergency transport purposes, excepting the 19 department ef emergency medlea! serviees ef the eity as previded 20 fer by ehapter 2, artiele )i!X, seetien 2 42! ef this Gede without 21 first being granted a permit to do so by the city council. 22 Da The Provisions of subsection (a) above shall not be 23 applicable to the department of emergency medical services, anv 24 volunteer rescue squad formally recognized bv such apartment as a 25 provider of emergency medical services within the city, or anv 26 lifeguard service operating on the Public beaches of the city 27 Pursuant to a contract with the city. 28 @@ All permits issued pursuant to subsection (a) above 29 and in effect on January 1, 1985, shall expire on June 30, 1985. 30 Applications for renewal permits shall be accepted beginning thirty 31 (30) days prior to June 30, 1985. Any permit issued for the first 32 time or as renewal shall be an annual permit valid from the date 33 issued until the thirtieth day of June after the issuance date, and 34 applications for renewal of such permits shall be accepted 35 beginning thirty (30) days prior to the thirtieth day of June of 36 the year of expiration. However, any permit issued under this 37 section may be revoked or suspended at any time by city council for 38 failure of the permit holder, his agents, and/or employees to 39 comply with all applicable statutes, ordinances, rules, 40 regulations, policies and procedures. 41 The number of ambulances, prescribed areas of 42 operation, prescribed levels of care rendered, fixed charges and 43 fees for services delivered, required limits of liability insurance 44 coverage and other rules and regulations not inconsistent with the 45 laws of the commonwealth shall be prescribed for under said permit. 46 Adopted by the City Council of the City of Virginia Beach on 47 this 2 day of July 1996. 48 CA-6290 49 JUNE 17, 1996 50 DATA/ORDIN/PROPOSED/10-5-2.ORD 51 R6 APPROVED AS TO CONTENT Ilepartment of Emergency Medical Services APPROVED AS TO LEGAL SUFFICEENCY of Law 2 - 21 - Ikm V-L3. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40997 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED. Ordinance to AMEND Section 10.5-2 of the City Code EXCLUDING Volunteer Rescue Squads and City-Contracted Lifeguard Contractors from the requirement that Emergency MedUcal Services Agencies obtain a permit from City Council. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branc,% III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba & McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, ;rice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent. None July Z 1996 1 2 AN ORDINANCE TO AMEND VARIOUS 3 SECTIONS OF THE CITY CODE PERTAINING 4 TO THE PROVISION OF EMERGENCY 5 MEDICAL SERVICES IN THE CITY 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Sections 2-421, 2-422, 2-423, and 2-424 of the Code of 9 the City of Virginia Beach, Virginia, are hereby amended and 10 reordained to read as follows: 11 Sec. 2-421. Creation; composition. 12 There is hereby created a department of emergency medical 13 services, which shall consist of a director of emergency medical 14 services, a medical director endorsed by the Virginia Beach Medical 15 Society, the members of the operational volunteer rescue squads 16 serving the city and ether such other committees, boards, 17 organizations and personnel as may be ordered by the city manager, 18 the medical director or the director consistent herewith. Such 19 members, committees, boards, organizations and personnel, including 20 Personnel assigned to the department of fire protection, shall be 21 under the supervision and control of the director whenever they are 22 engaged in emergency medical and rescue services activities as 23 defined in section 2-422. The director and medical director shall 24 be appointed by the city manager. The medical director shall be 25 appointed for a term of two (2) years and shall be eligible for 26 reappointment. 27 Sec. 2-422. Functions. 28 The department of emergency medical services shall be 29 responsible for controlling and supervising the provision of 30 prehospital emergency patient eare medical and rescue services in 31 the city to protect and promote the health, welfare and safety of 32 the general public. Such services shall include, but not be 33 limited to, basic and advanced life support patient care, rescues 34 at accidents of any nature involving injuries and/or entrapments, 35 mass casualty incidents, water rescues and other incidents 36 involving injured or ill patients. Such services shall not include 37 (i) rescues which involve an imminent_ danger or the actual 38 occurrence of fire or explosion, or the uncontrolled release of 39 hazardous materials which threaten life, or (ii) search and rescue 40 operations conducted by law enforcement officers. The department 41 shall be responsible for establishing and enforcing applicable 42 rules, regulations, @ policies and protocol for the department 43 and for other agencies which are defined under chapter 10.5 of the 44 Code. The department shall have other such powers and duties as 45 may be assigned by council or the city manager. 46 Sec. 2-423. General powers and duties of directors. 47 (a) The medical director shall be responsible for the 48 establishment of medical policy dealing with the direction and 49 coordination of patient care operations for the department 50 including but not limited to the development of medical training 51 standards, medical care procedures and protocols, medical 52 performance standards and general medical control. 53 (b) The director of emergency medical services shall make 54 rules, regulations and policies concerning the general management, 55 direction, operation and control of the department of emergency 56 medical services, as well as the provision of emergency medical and 57 rescue services in the city, including, but not limited to, the 58 certification of emergency medical services personnel to operate 59 within the city consistent with policies promulgated by the medical 60 director; the implementation of medical and operational, policy and 61 Protocol; and the supervision of all personnel within the 62 department, as well as any other personnel involved in the 63 Provision of emergency medical and rescue services as set forth in 64 section 2-422 of this code. 65 (c) The rules, regulations and policies of the medical 66 director and director shall be subject to approval by the city 67 manager and shall not be inconsistent with the laws of the 68 commonwealth. 69 Sec. 2-424. Advisory boards. 70 (a) The Council of Virginia Beach Volunteer Rescue Squads, 71 Inc. , shall serve as an advisory board to the director of emergency 72 medical services, providing recommendations on department policy 2 73 matters as necessary. The advisory board may also provide 74 recommendations to the city manager concerning the selection of the 75 director of emergency medical services when vacancies occur in that 76 position, and other matters pertaining to the duties, 77 responsibilities and functions of the department of emergency 78 medical services. 79 (b) Additional boards which may be created shall have duties so as enumerated to them by the city manager, medical director or the 81 director of emergency medical service. 82 Adopted by the City Council of the City of Virginia Beach on 83 this 2nd day of July, 1996. 84 CA-6291 85 DATA/ORDIN/PROPOSED/2-421ET.ORD 86 JUNE 25, 1996 87 R4 APPROVED AS TO COM-ENT APPROVED AS TO LEGAL sumcwl5y Em@ m @ent Of 3 - 22 - Ikm V-L3. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM * 40998 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED. Ordinance to AMEND Section 2-89 of the City Code re annual review of City Council Appointees. (Requested by Vice Mayor William D. Sessoms, Jr.) Voting: 11-0 (By Coment) Council Members Voting Aye: John A Bawn, Linwood 0. Branc,% III, William W. Harriy@ Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba & McCianan, Mayor Meyera E. Oberndorf, Nancy K Parker, Pice Mayor Mlliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None July 2, 1996 Requested by Vice-Mayor William D. Sessoms, Jr. 1 AN ORDINANCE TO AMEND SECTION 2-89 2 OF THE CITY CODE PERTAINING TO CITY 3 COUNCILIS ANNUAL REVIEW OF ITS 4 DIRECT APPOINTEES 5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 6 OF VIRGINIA BEACH, VIRGINIA: 7 That Section 2-89 of the Code of the City of Virginia 8 Beach, Virginia, is hereby amended and reordained to read as 9 follows: 10 See. 2-89. Annual review of direct appointees. 11 (a) Between May 15 and July 1 of each year, each member 12 of city council may submit a report to the mayor or h" the mayor's 13 designee evaluating the performance of city councils direct 14 appointees, namely, the city manager, city attorney, clerk of 15 council, and city real estate assessor, in a form or manner 16 selected by the individual council member. 17 (b) Notwithstanding any other provisions of law, the is direct appointees of council mentioned in subsection (a) above 19 shall have their salaries and benefits determined annually @ 20 geteber by action of city council. iihieh The effective date of such 21 salaries and benefits shall have an FIR-4:-P- A--f- janaary 3: ef- 22 eaeh year. be determined by the council. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia, on the 2 day of July 1996. 25 CA-6375 26 ORDIN\NONCODE\2-89.ORD 27 JUNE 27, 1996 28 R-1 - 23 - Item V-L4. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40999 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances re annual compensation for City Council Appointees: City Manager: Effective December 1, 1996, Salary increased by 4.5% from a level of $120,000 to $125,400 annually. City Attorney: Effective November 1, 1996, Salary increased by 16.44% from a level of $90,176.64 to $105,000 annually. City Clerk.- Effective November 16, 1996, Salary increased by 6.0% from $53,773.44 to a level of $57,000 annually. City Real Estate Assessor: Effective March 1, 1997, Salary increased by 8.95% from $63,328.80 to $69,000 annually. Voting: 10-0 (By Consent) Council Members Voting Aye: John A Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sesso)w, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent.- None Council Lady McCianan ABSTAINED ON ITEM L. 4. alblcld. as she was not a Member of City Council during Council Appointee review. July Z 1996 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 WHEREAS, City Council has evaluated the performance of 4 the City Manager; and 5 WHEREAS, based on this evaluation, City Council has 6 determined that an increase in the City Manager's compensation 7 would be appropriate. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That effective December 1, 1996, the salary of the City 11 Manager is hereby increased by four and a half percent (4.5%) from 12 a level of $120,000.00 annually to a level of $125,400 annually. 13 Adopted by the Council of the City of Virginia Beach, 14 Virginia, on the 2 day of July 1996. 15 CA-6366 16 ORDIN\NONCODE\SALARY.JKS 17 R-3 18 June 27, 1996 I AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 WHEREAS, City Council has evaluated the performance of 4 the City Attorney; and 5 WHEREAS, based on this evaluation, City Council has 6 determined that an increase in the City Attorney's compensation 7 would be appropriate. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That effective November 1, 1996, the salary of the City 11 Attorney is hereby increased by sixteen and forty-four one- 12 hundredths percent (16.44%) from a level of $90,176.64 annually to 13 a level of $105,000.00 annually. 14 Adopted by the Council of the City of Virginia Beach, is Virginia, on the 2 day of July 1996. 16 CA-6369 17 ORDIN\NONCODE\SALARY.LLL 18 R-3 19 June 27, 1996 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 WHEREAS, City Council has evaluated the performance of 4 the City Clerk; and 5 WHEREAS, based on this evaluation, City Council has 6 determined that an increase in the City Clerk's compensation would 7 be appropriate. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That effective November 16, 1996, the salary of the City 11 Clerk is hereby increased by six percent (6.0%) from a level of 12 $53,773.44 annually to a level of $57,000.00 annually. 13 Adopted by the Council of the City of Virginia Beach, 14 Virginia, on the 2 day of July 1996. 15 CA-6368 16 ORDIN\NONCODE\SALARY.RHS 17 R-3 18 June 27, 1996 I AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL ESTATE 3 ASSESSOR 4 WHEREAS, City Council has evaluated the performance of 5 the City Real Estate Assessor; and 6 WHEREAS, based on this evaluation, City Council has 7 determined that an increase in the City Real Estate Assessor's 8 compensation would be appropriate. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 That effective March 1, 1997, the salary of the City Real 12 Estate Assessor is hereby increased by eight and ninety-five one- 13 hundredths percent (8.95%) from a level of $63,328.80 annually to 14 a level of $69,000 annually. 15 Adopted by the Council of the City of Virginia Beach, 16 Virginia, on the 2 day of July 1996. 17 CA-6367 18 ORDIN\NONCODE\SALARY.JB 19 R-3 20 June 27, 1996 - 24 - Itern V-L5, CONSEAT AGENDA RESOLUTIONS/ORDINANCES ITEM # 41000 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED. Ordinance to establish the Salem Road right-of-*wy at the Independence Boulevard Intersection as an underground utility area (KEMPSVILLE BOROUGH). Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Ba@ Linwood 0. Branch, III, William W HarTison, Jr., Harold Heuchober, Barbara M Henley, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Trice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Louis R Jones Council Members Absent: None Councilman Jones ABSTAINED ay he owns property at the Independence Boulevard intersection July Z 1996 I AN ORDINANCE TO ESTABLISH THE SALEM 2 ROAD RIGHT-OF-WAY AT THE 3 INDEPENDENCE BOULEVARD INTERSECTION 4 AS AN UNDERGROUND UTILITY AREA 5 WHEREAS, the Salem Road Project, CIP 12-930, has been 6 approved by City Council in order to widen the current section of 7 roadway between the intersections of Ferrell Parkway and South 8 Independence Boulevard; 9 WHEREAS, the City of Virginia Beach wishes to improve the 10 safety and aesthetics of the Salem Road/Independence Boulevard 11 intersection through its improvement; 12 WHEREAS, the Virginia Department of Transportation has 13 adopted a policy to pay 50% of the additional costs to relocate 14 existing overhead private utility lines underground, which requires 15 the City to adopt an ordinance to establish the limits of 16 underground utility districts, corridors or areas; 17 WHEREAS, the city council has already enacted 18 requirements through the site plan and subdivision ordinances that 19 require new development to place new utility lines underground; and 20 WHEREAS, the City has appropriated suf f icient funding to 21 pay its share of the estimated cost to relocate existing overhead 22 utility lines underground through the City of Virginia Beach 23 Capital Improvement Program. 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 25 CITY OF VIRGINIA BEACH, VIRGINIA: 26 That the Salem Road right-of-way at the Independence 27 Boulevard intersection is hereby designated as an underground 28 utility area and that all new utility facilities installed within 29 the Salem Road/Independence Boulevard intersection right-of-way 30 shall be placed underground; and 31 BE IT FURTHER ORDAINED: 3 2 That the Director of Public Works is hereby authorized to 33 execute an agreement with the Virginia Department of Transportation 34 and the Utility Owners within the Salem Road right-of-way for the 35 necessary utility relocations. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 2 day of July 1996. 38 ATTEST: 39 ------------------------- By ----------------------------- 40 CLERK OF COUNCIL MAYOR/CITY MANAGER 41 CA-6364 42 ORDIN\NONCODE\SALEM.ORD 43 R-1 44 PREPARED: 6/25/96 A @,NT Departmggt of @c rks APPROVED S To LEGAL SUFFICEEN@ @rtment of Law "I I I, I 1,@ FERRELL i I RGROU AREA r@, i--- - -1 I LOCATION MAP SHOWING SALEM ROAD CIP # 2-930 SCALE: l' = 800' I - 25 - Ite,m V-L.6. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 41001 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance appointing viewers in the petition of Ladesa Land Company for the closure of a portion of a 15-foot alley adjoining Lots 9 and 21, in Block 20, Croatan Beach (LYNNHAVEN BOROUGH). Viewers are: David M. Grochmal Director of General Services Robert J. Scott Director of Planning Ralph A. @th Director of Public Works Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0 Branck III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis P, Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. &rayhorn Council Members Voting Nay: None Council Members Absent.- None July 2, 1996 ORDINANCE APPOINTING VIEWERS WHEREAS, LEDESA LAND COMPANY, a Virginia general partnership, have given due and proper notice in accord with the law, that they would, on the 2nd day of July, 1996, applv to the City Council of the City of Virginia Beach, Virginia, for the appointment of viewers to vieNN, the below-described portion of a 15'alle-v, in Lynnhaven Borough, in the (itv of Virginia Beach, Virginia, as shown on that certain plat recorded in map book 24 at page :37 and to report in writing to this Council whether, in the opinion of said viewers, any, and if any, what inconvenience would result from the discontinuance, closure and abandonment of said portion of a 1 5' alley; and WHEREAS, such application has been I)Yoperlv filed with this Council; and WHEREAS, all requirements of law have been ii-tet; NOW, THEREFORE, be it ORDAINED bv the Council of the City of Virginia Beach, Virginia, that Robert J. Scott David M. Grochmal aiid Ralph A. Smith be, and each of them is, herebv appointed to view that certain portion of a 1 5' alley adjoining Lots 9 &, 2 1, in Block 20, ('roatan Beach, Virginia Beach, Virginia, and said viewers shall report in writing to this Council as soon as possible, whether, in their opinion, any, and if any, what inconvenience would result to the public from the discontinuance, vacation and abandonment of said portion of a 15'allev. Adopted by the Council of the City of Virginia Beach, on this 2 day of July 1996. CA-6329 APPROVED AS TC, LEGAL SUFFICir-NC'@ NOTICE TAKE NOTICE of the intention of Ledesa Land Company, a Virginia general partnership to apply to the City Council of the City of Virginia Beach, Virginia, at a meeting thereof on the 2nd day of July, 1996, at 2:00 p.m., in Council Chambers, Municipal Administration Building, Princess Anne, Virginia Beach, Virginia, at which time affected persons may appear and present their views, for the vacation of a portion of a 15' alley in Croatan Beach adjoining Lots 9 and 2 1, Block 20, in Lynnhaven Borough of the City of Virginia Beach, Virginia. LEDESA LAN@MPANY artnership IN THE MATTER OF THE APPLICATION OF LEDESA LAND COMPANY, A VIRGINIA GENERAL PARTNERSHIP FOR THE CLOSURE, VACATION AND DISCONTINUANCE OF A PORTION OF A 15'ALLEY IN LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA PETITION TO: The City Council of the City of Virginia Beach, Virginia Your petitioner, the applicant, Ledesa Land Company, a Virginia general partnership, hereby applies for the vacation, closing and discontinuance of a portion of a 15'allev adjoining Lots 9 and 2 1, Block 20, on that certain survev made by Bruce W. Gallup, Land Surveyor, dated fanuarv 23, 1995, entitled "Street Closure Plat, Physical &- Topographical Survey, Lots 9 & 2 1, Block 20, Croatan Beach, Lynnhaven Borough, Va. Beach, Virginia". Your petitioner and applicant allege that no inconvenience will result to the public by reason of said closure and ask that Council appoint viewers as provided by law to view the said portion of a 15' alley sought to be closed and report in writing to the Council as to whether, in the opinion of the viewers, what inconvenience, if any, would result from the discontinuance and closure as herein sought, at which time the petitioner will ask for passage of an ordinance vacating the portion of a 15' alley sought to be closed herein. On June 13, 1996 , and on June 20, 1996, notice of intention to apply for such vacation to the Council was published as required by law in The Virginian- Pilot, a newspaper published or generally circulated in Virginia Beach, Virginia. Respectfullv Submitted, LEDESA LAND COMPANY a Virginia general artnership p artner B Bruce M. Sedel, General Partner D RICHARDSON, P.C. ue, Suite 801 Post Office Box 1687 Virginia Beach, Virginia 23451 (804) 422-4700 @E '@O@51 F114-@ED FL@ EA,ATIVZ S.O. IS @E 'MI @6 T @E l@-nAR n@ PL@% AS Q@m By @E a@ AV@@a M @tS WA@'@@ TA@S A@D WAn' ME@ ARE 10 K MT@ OY C.71 falls Al @ MVEL@'S EXKN@ M UU= @"@S @ AV@A&a. 4@ M@@ @OM @MM A@ARS TO F@ N@ Z@E(S) @. c @ M W F.L" ft"" MA. FM, IW & DM A 7 L A N T I C 0 C EA N- 0 A.A D@TUM 000 E E.-,@ z@m: P I' @IN LOT 9- 2426-n-709. 21-2426-"-@35 I T @R Z@ A@.@ .@S @W AM@IAI@ 22 21 20 IND4CATES 750 S F OF R/W TO BE VACATE() z '@,l 5, ALLE tp5 9 10 9 STREET CLOSURE P'-AT PHYSICAL St TOPOGRAPHIC SURVEY LOTS 9 and 21, BLOCK 20 CROATAN BEACH V,2 24 P :- L@VER @ VA. KACK SC@: 1- - 20 I.IUARI 22, .99t AIE l@ K@ nO 22.,"t opua @E- GRAPHIC SCALE S. ATLAN7nC AVENUE (50- RIW) GAU.UP SURVEYORS & ENGFNEERS, LTD. F.B@3N P'N AFFIDAVIT STATE OF VIRGINLI\ CITY OF VIRGINIA BEACH, to-vat: 1, John W. Richardson, Attorney for Ledesa Land Company, a Virginia general partnership, being first duly sworn, depose and state: I That I am an attornev at law and represent Ledesa Land Company, a Virginia general partnership. 2. That on May 29, 1996, 1 requested The Virginian-Pilot, a newspaper having a general circulation in the City of Virginia Beach, Virginia, to publish on June i3, 1996, and June 20, 1996, notice of the presenting of the application to close a portion of a 15'allev in ('roatan Beach, Lynnhaven Borough, Virginia Beach, Virginia. And further this deponent say@7 RICHARDS Subscribed and sworn to before me this J@ day of 1996. Nota Public Mv Commission Expires: If STALLINGS ANo RICHARR)SON, PC. ATTORNEYS AND COUNSELORS AT LAW 2101 PARKS AVENUE PAVILION CENTER SUITE 801 P,O BOX 1687 VIRGINIA BEACH. VIRGINIA 23451-9687 WILLIAM C BISCHOFF TELEPHONE 1804) 422 4700 JUDITH M. COFIELD FACSIMILE (804) 422-3320 KEVIN E. MARTIN-GAYLE GREGORY KIM PUGH May 6, 1996 JOHN W RICHARDSON MOODY E. STALLINGS. JR Leslie L. Lilley, Esquire City Attorney Municipal Center Virginia Beach, Virginia 23456 RE: Certificate of Title Street Closure Application for Ledesa Land Company, a Virginia general partnership, 151 Alley between Lots 9 and 21, Block 20, Croatan Beach, Virginia Beach, VA Our File No. 12139 Dear Mr. Lilley: Kindly be advised that upon the closure of that certain 15' Alley described in Exhibit "A" attached hereto, that fee simple title will vest one-half (1/2) to the owners of Lot 21 and one-half (1/2) to the owners of Lot 9, Block 20, Croatan Beach (MB 24, PG 37), Lynnhaven Borough, Virginia Beach, Virginia. Therefore, each owner will gain 7.5 feet of the Alley as a fee simple addition to his/her existing property. Many thanks. ry tru ohrv W. JWR/ttd Enclosure CITY OF VIRGINIA BEACH, VIRGINIA TO ORDINANCE OF VACATION LEDESA LAND COMPANY a Virginia general partnership AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF A 15'ALLEY IN LYNNHAVEN BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, Ledesa Land Compativ, a Virginia general partnership, to be presented to the City Council of the ('itv of Virginia Beach, Virginia, on the 2nd day of July, 1996, for the vacation of a portion of the hereinafter described alley in the Citv of Virginia Beach, Virginia, was on the 13th day of June, 1 996, and on the 20th day of June, 1996, duty published twice, with six days elapsing between the two publications, in a newspaper published or having general cir(,tilation in the City of Virginia Beach, Virginia, speci I ing the time and place of hearing at which affected persons might appear and present their views, in confori-nitv with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of a portion of the allev in Croatan Bt,ach; and WHEREAS, said application was made to the Citv Council of the City of Virginia Beach, Virginia, on the 2nd day of July, 1996, and in conformity with the manner prescribed by the Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the (@itv Council of the ('itv of Virginia Beach, Virginia on the day of 1996, appointed and as viewers to view such street and report in writing whether, in their opinion, any, and if I any, what inconvenience would result from discontinuing the same, and said GPIN NO. 2426-39-7091-0000 (LOT 9) GPINNO.2426-39-9035-0000 (LOT21) viewers have made such report to the Citv Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land properties affected thereby, along the portion of the alley proposed to be vacated, it is the judgment of the City Council of the city of Virginia Bach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed bv Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of said alley, and that the portion of said alley should be vacated and discontinued; and NOW, THEREFORE, BE i,rORDAINEI), bv the Council of the ('itv of Virginia Beach, Virginia, I . That the following portion of an allev in Croatan Beach, in the Borough of Lynnhaven, in the Citv of Virginia Beach, Virginia, be, and the same is hereby, vacated and discontinued: ALL TFTAT certain piece or parcel of land, situate, lying and being in Lynnhaven Borough, in the City of Virginia Beach, State of Virginia, being that portion of a 15' alley designated " 1 5' Alley" on that certain survey entitled "Street Closure Plat, Physical &- Topographic Survey, Lots 9 and 2 1, Block 20, Croatan Beach, Lynnhaven Borough, Va. Beach, Virginia", dated Januarv 23, 1995, which plat is attached hereto and made a part hereof and is to be recorded simultaneously herewith, reference to which is herebv made for a more particular description of said property. 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of- (he City of Virginia Beach, Virginia, as grantor, and in the name of Ledesa Land Company, a Virginia general partnership, as grantee, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicant. 3. This ordinance shall be effective on the date of its passage. Certified to be a true and exact copy of an ordinance adopted by the City Council of the Citv of Virginia Beach, Virginia, at its regular meeting held on the day of 1996. TESTE: RUTH HODGES SMITH, CITY CLERI@ Bv City Clerk ALL THAT certain piece or parcel of land, situate, lying and being in Lynnhaven Borough, in the City of Virginia Beach, State of Virginia, being that portion of a 15' alley designated "I 5'Alley' on that certain survey entitled "Street Closure Plat, Physical &Topographic Survey, Lots 9 and 2 1, Block 20, Croatan Beach, Lynnhaven Borough, Va. Beach, Virginia", dated January 23, 1995, which plat is attached hereto and made a part hereof and is to be recorded simultaneously herewith, reference to which is hereby made for a more particular description of said property. - 26 - Ite,m V-L, 7 CONSENT AGENDA RESOLUTIONSIORDINANCES ITEM # 41002 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED.' Ordinance authorizing License Refunds in the amount of $3,149.88 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent.- None July Z 1996 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID Medlin, Larry R. 1994-95 Audit 108 56 108.56 T/A Medlin Communications 2321 London Pointe Drive Virginia Beach, VA 23454-3987 Nebraska Book Company, Inc T/A The College Store P. 0. Box 80269 1993-96 Audit 229 31 229 31 Lincoln, NE 68501 Record Exchange of Roanoke T/A The Record Exchange 1994-95 Audit 730.87 730 87 210 S Sharon Amity Road Charlotte, NC 28211-2804 Certified as to Payment: bert P. Vaughan @ Commissioner of the Revenue Approved as to form: L. Lill@y Cii orney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,068.74 were approved by the Council of the City of Virginia Beach on the 2 day of July '19 96 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID Bowerman, Michael E. 1 @-95 Audit 402 1 7 402.17 708 S. Rosemont Road Virginia Beach, VA 23452 Chesapeake Masonry, Corp. P 0 Box 9049 1994-95 Audit 220@49 220.49 Hampton, VA 23670 Dominion Veterinary Service, PC 1408 Ships Landing 1994 Audit 654 34 654.34 Virginia Beach, VA 234E>4 Executive Home Design, Inc. 2608 Britannica Place 1994-95 Audit 804 14 804@14 Virginia Beach, VA 23454 Certified as to Payment: @obert P. Vaughan Zj Commissioner of the Revenue Approved as to form Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,081.14 were approved by the Council of the City of Virginia Beach on the 2 day of July '19 96 Ruth Hodges Smith City Clerk - 27 - Item V-M.1 APPOINTMENTS ITEM # 41003 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: EROSION COMMISSION Thomas E. Fraim Unexpired Term thru April 30, 1997 Voting: 11-0 Council Members Voting Aye: John A. Baunt, Linwood 0. Branck III, William W Harrison, Jr., Harold Heisc@r, Barbara M Henley, Louis P, Jones, Reba S McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Ilice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None July Z 1996 - 28 - Item V-M.2 APPOINTMENTS ITEM # 41003 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOIATED.' HAMPTON ROADS PLANNING DISTRICT COMMISSION Linwood O. Branch III Unexpired Term thru June 30, 1997 Voting: 11-0 Council Members Voting Aye: John A. BauM Linwood abranc,% III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent None July Z 1996 - 29 - Itein V-M.3 APPOIATMEATS ITEM # 41004 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED.' VIRGINIA MUNICIPAL POLICY COMMITTEES ENVIRONMENTAL QUALITY Reba S. McClanan Voting: 10-0 Council Members Vodng,4ye: John A Bawn, Linwood 0. Brancl; III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Reba 9 McC@an Council Members Absent.- None July Z 1996 - 30 - Ite,m V-M.4 APPOIATMENTS ITEM # 41005 upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: VIRGINIA MUNICIPAL POLICY COMMITTEES TRANSPORTATION Harold Heischaber Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc& III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba & McCianan, Mayor Meyera E. Obemdorf, Nancy K Parker, Ilice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None July Z 1996 - 31 - Ite,m V-0.1. NEW BUSINESS ITEM # 41006 Mrs. Stacie Adams, 1205 Renoir Court, Phone: 430-3701, sponsored by Council Lady McClanan, spoke regarding the traffic conditions at the intersection of Upton and Culver. Mrs. Adams submitted a Petition and Resolution APPROVED by the Board of Directors of Ocean Lakes Community Association for safe roads. (Said petition is hereby made a part of the record.) The Board of Directors requestedp the City to implement the following changes to the traffic engineering factors along Culver Lane and the intersecting streets: Complete the widening and lane straightening of Culver Lane between the intersection with Upon Drive and General Booth Boulevard Return the speed Umit on the entire length of Culver Lane to 25 MPH Install additional signage along Upton Drive indicating that there Lv a stop sign ahead of Culver Lane. Implement realignment of traffic lanes as already agreed to by the Traffic Engineering Department. The City Manager advised an analysis will be presednted of the intersection and the issues along Culver Lane as well as a speed study shall be conducted A recommendation shall be brought forward to City CounciL Council Lady McClanan requested all concerns of &he Ocean Lakes Community be addressed July Z 1996 - 32 - Itein IV-P.I. ADJOURNMENT 17EM # 41007 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:30 P.M. Beverly 0. Hooks, CMCIAAE Chief Deputy City Clerk ------- -------------------------- Ruth Hodges &nith, CMCIAAE Meyera E. Obemdorf City Clerk Mayor City of lrirginia Beach ;rtrginia July Z 1996 @i - (,LI" I' IF( TY MANA(@FR IN( @'@ ('P@TFI 'I' RGN RFA(@ %R@Nld3@15 I)( AX (804@ ;127 I'@i5 D (80@l 427 4 i @ August 20, 1996 The Honorable Meyera E. Oberndorf and Members of City Council Re: Evaluation of Upton Drive at Culver Lane Dear Mayor and Members of Council: Attached is a copy of a memo from Ralph A. Smith regarding the intersection evaluation for Upton Drive at Culver Lane. This evaluation was prepared in response to the concerns expressed by the Ocean Lakes Community Association. I trust you will find this information useful. Please advise if further information is desired. With Pride in Our City, James K. Spore City Manager JKS/RMG/rgg attachment C: C. Oral Lambert, Jr. Ralph A. Smith John W. Herzke FORM NO. P.S la C)Of @l-wiraiet 13@ek@@ INTER-OFFICE CORRESPONVENCE August 20, 1996 To: James K. Spore Executive From: Ralph A. Smith Public Works Re: Evaluation of the Intersection of Culver Lane/Upton Drive The Public Works Department has studied the traffic conditions along Culver Lane and Upton Drive in order to evaluate the prevailing traffic patterns and offer alternatives to mitigate the severity of accidents at the intersection. Our evaluation of the intersection includes determining average daily traffic volumes (ADT), signal warrant analysis, accident history, gap analysis, and speed study. The ADT volumes along each leg of the intersection were obtained during the weeks of July 8 through July 19, 1996. The following count information is a weekday average of the 24 hour directional volume and total ADT for each leg of the intersection. Upton Drive: (north of Culver Ln) NB 805 vpd SB 1010 vpd Total 1815 vpd Upton Drive: (south of Culver Ln) NB 433 vpd SB 469 vpd Total 902 Culver Lane: (west of Upton Dr) WB 4320 vpd EB 3728 vpd Total 8048 Culver Lane: (east of Upton Dr) WB 3352 vpd EB 3132 vpd Total 6484 We performed a traffic signal warrant analysis which indicated that the volume of vehicles was well below the minimum necessary to justify a traffic signal. We also performed a gap analysis along Culver Lane. A gap analysis indicates the number and size of available gaps in traffic, whereby a vehicle can make a safe maneuver in an intersection. Our review indicated the available gaps in traffic on Culver Lane far exceeded the demand based on volumes of traffic counted along Upton Drive. Therefore, if we were to install a traffic signal at this intersection, it would substantially increase delays to motorists and possibly increase the potential for accidents. James K. Spore August 20, 1996 Page 2 We have reviewed the history of accidents and determined that 80% of the accidents involved northbound Upton Drive motorists colliding at a right angle with Culver Lane motorists. Examination of the individual accident reports indicated a common factor with the more severe accidents. Northbound Upton Drive motorists who failed to stop before entering the intersection did not reside within the surrounding community. This commonality between accidents suggests that the widening of the northbound approach at the intersection confused the unfamiliar driver, leading them to believe they had the right of way at the intersection. We performed a speed study to determine if the current speed limit was still appropriate for both Culver Lane and Upton Drive. The 85th percentile speed along Culver Lane was found to be 40-42 mph during the study period. Culver Lane has always been posted for 35 mph. Since Culver Lane is a collector street, we consider this roadway properly posted at 35 mph. The 85th percentile speed along Upton Drive was found to be 36-38 mph during the study period. Upton Drive was changed from 25 mph to 35 mph on December 14, 1989. Since Upton Drive is also a collector street, we consider this roadway properly posted at 35 mph. Our evaluation of this intersection indicated a need to accentuate the stop control for the Upton Drive approaches. We believe the appearance of the road widening to three lanes has had a significant effect resulting in severe accidents at this intersection. The traffic control may have been adequate for those residing in the community, but it may not have been adequate for the unacquainted driver. We completed improvements to the intersection on July 24, 1996 to reinforce the "Stop" control of both approaches with substantial improvements emphasized on the northbound approach for Upton Drive. The improvements consisted of the following: 1) Painted out the left turn lane along northbound Upton Drive and installed a left side "Stop" sign to provide for a dual indication of the "Stop" signs. The left side "Stop" sign work required the installation of raised ceramic markers in order to buffer vehicles from hitting the sign. In addition, all of the "Stop" signs in the intersection were oversized to enhance visibility. 2) Installed "Stop Ahead" signs on both approaches of Upton Drive and supplemented those signs with "Stop Ahead" pavement legends. We have evaluated the improvements in the field and they appear to be effective; however, we will continue to monitor this intersection to ensure that the improvements have mitigated the current pattern of accidents. James K. Spore August 20, 1996 Page 3 The Public Works Department has prepared a preliminary cost estimate for improving Culver Lane to a four lane divided facility from General Booth Boulevard to Upton Drive. The estimated cost for this project is $2,100,000 and upon City Council approval and funding would take three years to complete. This project would have to be evaluated for available funding and scheduling in the 97-03 CIP program. While this project would provide an enhanced access for the community, there does not appear to be a direct correlation between accidents at the Upton Drive/Culver Lane intersection and improvements to Culver Lane. I trust this adequately addresses the concerns expressed by the Ocean Lakes Community Association. If further information is desired, please advise. ,Z- Ralph A. Smith, P.E. Director of Public Works RAS/RMG/rgg c John W. Herzke Arthur Shaw