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MARCH 4, 1997 MINUTESCity o1' Virginia Beach "WORLD'S LARGEST RESORT CgP/" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SESSOMS, JR, At Large JOHN A BAUM, Bl~'kwater Borough LINI,VOOD 0 BRANCH I!! V, rg,ma Beach Borough WILLIAM Vv' HARRISON, JR, Lynnhaten Borough HAROLD HEISCHOBER, At Large BARBARA M HENLEY, Pungo Borough LOUIS R ]ONF_~5, Bay.& Borough REBA S M~CLANAN, Pnncess Anne Borough NANCY K PARKER. At Large LOUISA M STRA YHORN, Kemps~ll¢ Borough JAMES K SPORE, C, ty Manager LESLIE L LILLEY, C, ty Attorn~ RUTH HODGES SMITH, CMC I AAE, C, ty Clerk CITY COUNCIL AGENDA March 4, 1997 o~ our N~1%0~ CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 234.56 9005 (757) 427 4303 I. CITY MANAGER'S BRIEFINGS - Conference Room - 9:30 AM Ae Be 1996 PARKING SUMMARY - PLANS FOR 1997 Henry Ruiz, Parking Systems Administrator WASTE COLLECTION FEE OPTIONS Dean Block, Director, Management Services II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 11:00 AM 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: Reverend William M. Shelton, DD Wycliffe Presbyterian Church 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. MINUTES 1. INFORMAL & FORMAL SESSIONS - February 25, 1997 G. AGENDA FOR FORMAL SESSION i · Schedule Workshops and Public Hearings - FY 1997-1998 Resource Management Plan · Request of WILMER H. &YOARNfor a free-standing mobile home in the Agricultural District at 2264 Stowe Road (PUNGO BOROUGH)· · Ordinances authorizing License Refunds in the amount of $2,201.95. H. UNFINISHED BUSINESS I. NEW BUSINESS J. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) fl fl fl fl fl fl fl fl * fl 02/27/97BAP AGENDA\ 03 \ 04 \ 97. I TM www. virginiabeach, va. us CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: February 25, 1997 B R C H C R P E A PAGE: 1 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N i i1 Illl I Il Il I Il I BRIEFING: A REAL ESTATE ASSESSMENTS Jerald D FY 1997 - 1998 Banagan , II/111/ CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y IV/V/E SESSION F MINUTES - 11 February 1997 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N S E N S U S , I-I/I/1 Resolution re pohcy for sharing General ADOPTED 9--2 Y Y Y Y Y N N Y Y Y Y Fund Revenues behveen the City/School RESOLUTION Board CITY POLICY Deferred: 7 January 1997 (D) 4 February 1997 POLICY 11 February 1997 REPORT (E) AS REVISED (Page 7) J/1 Ordinance to TRANSFER $100,000 to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Harbour Point Road Extended re BY CONSENT Increased costs for r-o-w i i 2 Ordinance to TRANSFER $217,499 within ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Comprehensive Services Act re Family BY CONSENT Preservation Services 3 Ordinances to authorize temporary ADOPTED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments: CONDITIONED BY CONSENT a Portion of r-o-w of Lake Joyce (4339 Lookout Road) to H Lee Chandler Jr re bulkhead/pier/drainage pipe/landscaping berm/plant material (BAYSIDE BOROUGH) b Portion of City's 300-it easement- Canal No 2 (561 Central Dr) to MR Assoc re outfall pipe/riprap (LYNNHAVEN BOROUGH) c Portions of r-o-w of King's Grant Road/Brickhouse Court to Coastal Video Communications Corp re conduit to computer lines (LYNNHAVEN BOROUGH) i 4 Ordinance appointing viewers in petition ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y of C David Whitley for closure of portion BY CONSENT of Christine Drive Croatan Beach (LYNNHAVEN BOROUGH) 5 Tax Refunds $5,500.98 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y BY CONSENT 6 LJcense/Speolal Tax Refunds $2,565.80 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y BY CONSENT i i K/1/a CiTY to AMEND Sec 111 of CZO re NO ACTION definition of lodging unit Deferred by Planning Commission to 03/12/97 2 NAGINDER S/SHARANJIT K DHILLON APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Variance to Sec 4.4(b)/4.4(d) of BY CONSENT Subdivision Ordinance all lots meet CZO/have direct access to public street at 3542 Glen Arden Rd (KEMPSVlLLE BOROUGH) ~ I I rll CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A $ C E S R DATE: February 25, 1997 B R C H C R P E A PAGE: 2 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N ., ii i I II ii 3 STEVE FRAZIER/OR FITZHUGH MAYO APPROVED 10--0 Y Y A Y Y Y Y Y Y Y Y Variance to Sec 4.1(m)/4.4(b)/ BY CONSENT B 4.4(d)/5.5(a)/5/S(b) of Subdivision S ordinance re 3 lots meet lot-width T requirements of R-40/2 lots have direct A access to public street/waivers of I curb/gutter pavement-width at Woodslde N Lane~(eelingwood Court (LYNNHAVEN E BOROUGH) D 4 BUBBA CANCER FOUNDATION CUP: APPROVED/ 10-1 Y Y Y Y Y Y N Y Y Y Y convalescent home Point O'Woods (552 CONDITIONED West Plantation Rd (LYNNHAVEN BOROUGH) Deferred: 28 January 1997 5 RUNNYMEDE CORP closure of streets APPROVED/ 9-2 Y Y Y Y N Y Y Y N Y Y (LYNNHAVEN BOROUGH): CONDITIONED for compliance Pine Street by 08/2~7 Third Street Poplar Street 6 C & C DEVELOPMENT closure of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y portion of Pleasure House Road at CONDITIONED Andrew Jackson Lane (BAYSIDE for compliance BOROUGH) by 08/26/97/ BY CONSENT 7 MOTHER SETON HOUSE/T-A SETON DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y HOUSE CUP: group home at BY CONSENT Lynnhaven Road/Edinburgh Dr to 03/25/97 (LYNNHAVEN BOROUGH) 8 DRIVERS MART OF VA CUP: vehicle APPROVED/ 9-2 Y Y Y Y N Y Y Y N Y Y sales/rentaVrepair on Rosemont Road/ CONDITIONED South Boulevard (LYNNHAVEN BOROUGH) 9 MARTIN L JR/MAR~ W CORNICK APPROVED 9-2 Y Y Y Y N Y Y Y N Y Y COZ (LYNNHAVEN BOROUGH)' From R-7.5 to B-2 at Third/Pine Sts From B-2 to R-7.5 at Fourth/Pine Sts L APPOINTMENTS: CHESAPEAKE BAY APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y PRESERVATION AREA BOARD Robert H DeFord III Unexpired thru 12/31/99 M/N/ ADJOURNMENT: 9:35 PM O SPECIAL FORMAL SESSION 1lAM FRIDAY, 28 FEBRUARY 1997 COUNCIL CONFERENCE ROOM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 4, 1997 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, March 4, 1997, at 9:30,4. M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Absent: Nancy lfi Parker Vice Mayor William D. Sessotns, Jr. [ENTERED: 9:45 A.M.] [VACATION IN FLORIDA] Louisa M. Strayhorn [ENTERED: 9:40 A.M.] -2- CITY MANAGER'S BRIEFING WASTE COLLECTION FEE OPTIONS 9:30 A.M. ITEM # 41825 Dean Block, Director - Management Services, referenced the issue of fee versus taxes concerning Waste Collection. The nature of the service needs to be examine~ Many services, i.e. police, library are difficult to define individual costs in such as way to be assigned to users. Waste Management tends to fall in the middle, as there are issues which relate to waste management with a broad public consideration i.e. Public Health issue (keep streets free of garbage). It is possible with varying degrees of precision to assign costs to individual users and charge those users for those costs through a fee. It is also possible to mix those two things together. Some services couM be paid for with a fee and some out of the general taxes. One of the considerations is an equity one. The City does not provide direct waste maintenance and disposal service to some residents, those residing in multi-family dwellings and certain condominiums, nor does it provide services to businesses. It is essentially a service provided primarily to single-family detached dwellings and in some cases townhomes. There is in the process a question of fairness and equity. This also needs to be considered. Norfolk, Portsmouth, Hampton and Newport News all charge a fee. They do not necessarily charge a fee, which fully recovers the cost and they vary widely in their approach as to how they impose the fee and the amount collected Some provide different fees based upon the number of collections received and the size of the container. Others as Portsmouth and Norfolk provide a fiat fee either on a daily basis or a monthly basis. Of the major cries in this area, all but Chesapeake and Suffolk, provide for a fee of some nature for the collection of solid waste. The scope of the fee should also be considered. FEE VERSUS TAXES Nature of Service Equity/Receipt of Service Public Health/Aesthetics Fees in Hampton Roads SCOPE OF FEE Collection -- General Fund Disposal -- Fee Recycling -- Fee Administration --- General Fund Customer Service -- Fee OTHER CONSIDERATIONS Billing System -- Through Hampton Roads Sanitation District - $140,000 one time development costs -- 6 months to develop Fee Same for All Users Special Revenue Fund Possible Property Tax Offset March 4, 1997 -3- CITY MANAGER'S BRIEFING WASTE COLLECTION FEE OPTIONS ITEM # 41825 (Continued) FEE OPTIONS Illustrative Scenarios -- Not Exhaustive Fee implementation: January 1, 1998 All Fees Cover Disposal, Recycling, Customer Service Costs A. Existing collection service, bi-weekly contracted curbside recycling plus 22 drop-off centers. Rate: $8.40/month Tax Offset: Up to 2.6 cents, July 1997 Up to additional 2.6 cents, July 1998 Recycled Tonnage: 45,000 tons Existing collection service, monthly city curbside recycling plus 22 drop-off centers. Rate: $8.00/month Tax Offset: Up to Z5 cents, July 1997 Up to additional 2.5 cents, July 1998 Recycled Tonnage: 25,500 tons Existing services continued including 50 drop-off centers Rate: $7.90/month Tax Or, et: Up to 2.8 cents, July 1997 Up to additional 2.4 cents, July 1998 Recycled Tonnage: 10,000 tons. This item will be discussed during the Executive Session. March 4, 1997 -4- CITY MANAGER'S BRIEFING 1996 PARKING SUMMARY -PLANS FOR 1997 10:12 A.M. ITEM # 41826 Henry Ruiz, Parking Systems Administrator, manages the operations, revenue collection and enforcement of 1,062 municipal parking lot spaces, 750 metered on-street parking spaces, and the Residential Parking Permit Program for a total of 4,936 public parking spaces. 1996 was a very successful year. The Parking Enterprise Fund produced $1,024,598 in revenue during the 1996 season. Expenses were $565,163 for this periovL The Enterprise Fund was able to contribute $327,$32 of their revenues to the General Fund, CIP 2-051 (Citywide Parking Improvements), Sandbridge Special Sand District and TGIF. The retained earnings account currently maintains a balance of $267,806. Additionally, the Parking Enforcement program recorded 31,068 parking violations and $308,901 in revenues. This, in addition to Police enforcement initiatives, accounted for a total of 43,186 violations written and $609,598 in revenues to the General Fund and ultimately to TGIF. Over 8300 decals and parking passes have been issued in 1996. The Parking Systems Management Office manages both the City decal discount program and issues trolley passes to Municipal Parking Lot patrons. The Residential Parking Permit Program continues to be successful in managing on-street residential parking. The support residents and Police have given the program encourage its continuation and the on- going interaction it generates between residents and City Staff. The Resort Area Parking Report 1997 was distributed to City Council and is hereby made a part of the record. Mr. Ruiz cited Page 3A of said report. The Municipal Parking Lot operation in 1996 generated over $460,000 in revenues. This was a decrease in revenues of $153,000 from last year, largely due to the loss of the 31st Street oceanside lot. A total of 33,069 vehicles displaying Virginia Beach decals took advantage of the after 5:00 P.M. $I.00 parking discount rate. Municipal parking lot attendants issued over 12,000 free trolley passes to parking lot patrons, of which 1,000 were recorded as used. Parking patrons were given two (2) round trip trolley tickets for each person in the vehicle for any oceanfront trolley upon request. Page 4,4 and 4B summarized information relative Parking Meters. In 1996 parking meter usage and revenues increased slightly compared to the previous year. Revenues went from $535,719 in 1995 to $545,117 in 1996. This increase was attributed to the loss of off-street parking in the 31st Street LOt which created more demand for metered parking, and the visible posting of regulatory signs secured to each meter post. In 1996, there were approximately 750 parking meters with an average annual revenue of $727 per meter. Metered on-street parking is intended to promote parking space turnover, allowing customers an opportunity to park on-street for short periods of time at fees less than parking lots. Approximately 21,000 meter violations were issued in 1996. As of December 1996, $207,031 in fines/penalties had been collected by the City Treasurer. This was an increase of 2,000 violations collected over the previous year and $32,000 more in fines/penalties. The parking meter enforcement policy is to void tickets issued when customers "walk-up" or address the issuing parking enforcement officer immediately after the ticket is written. Due to "walk-ups" or verified mechanical malfunctions, approximately 13% of all meter violations written were voided in 1996. We feel this existing policy has and will continue to contribute to better customer and tourist relationships. Page 5A denotes the Residential Parking Permit Program. The 1996 Residential Parking Permit Program (RPPP) continues to be recognized by Resort Area civic groups as an effective way to manage residential parking and unreasonable noise and disturbance during nighttime hours; and, to protect and preserve the peace, good order and character of residential neighborhoods. In 1996, approximately 6,$00 violations were written in the RPPP areas for unauthorized parking. This was 2,000 less than in 1995. The RPPP restricts general parking on most Oceanfront residential streets between 30th Street and Rudee Loop between the hours of 8:00 P.M. and 6:00 A.M. To legally park in RPPP areas, vehicles must display a residential parking decal or pass. RPPP decals are issued to residents at no fee, as are short-term guest passes. During 1996, the RPPP was expanded in Shadowlawn, which almost doubled the original area. The RPPP in Shadowlawn consists of 7% of the entire program. March 4, 1997 -5- CITY MANAGER'S BRIEFING 1996 PARKING SUMMARY -PLANS FOR 1997 ITEM # 41826 (Continued) The parking enforcement effort of the RPPP not only received praise from residents for managing on- street parking bug in addition, provided an increased sense of public safety resulting from the visible presence of four (4) enforcement officers, who patrolled the residential areas in marked vehicles. The Police Department also continues to support the program because they have experienced a reduction of calls for service since implementation. In addition, enforcement resulted in $127,324 in penalties being collected in 1996. These revenues and the amount collected for permits more than offset the entire cost of the Residential Parking Permit Program which is $75,000. Page 7 includes the I/IOLATION B~OWN. January 1 - December 31, 1996 TYPE OF PARKING POLICE TOTAL REVENUE ~IOLATION MANAGEMENT (Ail Precincts) TOTAL I-Category A 197 4,012 4,209 57,450.00 2-Category B 2,939 4,418 7,537 69,671.00 3-Meter 20, 454 720 21,174 20 7, 013. O0 4-Handicap 157 2, 470 2,627 128,529.00 5-Left Side 882 453 1,335 19,521.00 7-RPPV ~ 439 45 6,484 127,324.00 TOT/iL 31,069 12,118 43,186 609,598.00 I I ., , ....[ PARKING INITIATIVES & ISSUES FOR 1997 ~th Street Parking Facili~_ The creation of a new public/private partnership in 1997 will bring together the first publicly utilized parking deck in Virginia Beach. This facility will have 612 parking spaces, which will be leased by the City. The first ~alf hour fee will be $1.00, up to 1 hour - $2.00; and, thereafter parking by the hour will be $2.00 to a maximum of $7.00 per day. Nights and after 5:00 P.M. will be $3.00 parking with the City decal discount of $1.00. Hours of operation are ~4pril through May from 7:00 A.M. to 10:00 P.M., 7 days per week. June through September the facility will be open seven days a week, 7:00 A.M. to 2:00 ~4.M.. October through May, the facility will be open 7 days per week, 7:00 ~4.M. to 10:00 P.M. These hours are subject to change and demanvL Removal of On-Street Parla'ng Staff is currently reviewing the removal of metered parking in the vicinity of the 9th Street parking facility. It is anticipated that some of the space eliminated will be converted to disabled parking and loading zones for businesses and tour buses. This is a first step toward the concept of gradually selectively replacing on-street parking with parking structures and transportation hubs. March 4, 1997 -6- CITY MANAGER'S BRIEFING 1996 PARKING SUMMARY -PLANS FOR 1997 ITEM # 41826 (Continued) · Ith Street Parkimt Lot The conversion from parking attendant regulated parking to parking meters will be implemented at this location beginning April 1, 1997. This year's parking operation at the 4th Street lot will use parking meters and be managed in the same manner as other parking meters in the oceanfront. The parking fees will be $.75 per hour every day of the week instead of the daily rate of $3.00 or $4.00. This will allow the public, who may prefer to utilize short term parking, the benefit of paying a lesser fee for parking at the south end of the Resort Area. Residential Parkine Permit Proeram _ -- There were several RPPP changes initiated late in 1996 and some are planned for implementation this year. At the end of last season, the Shadowlawn Civic Association requested to have their RPPP boundaries expanded to include Carolina, Virginia, and Delaware Avenues. The request was approved and the appropriate signs were installed. This year it appears that the parking concerns in Shadowlawn between businesses and residents will have no short term solutions. Last year businesses' requested their employees not park in residential areas in a cooperative move to ease residential parking impacts. Businesses have indicated they will request employee business passes as provided for in the City Code. New this year will be the issuance of monthly business passes instead of annual business passes. Additionally, there is a request from Resort Beach Civic League to advance the RPPP enforcement starting time from 8:00 P.M. to 5:00 P.M. This is currently under review by the Resort Issues Team, a subcommittee of the City's Safe Community Strategic Issues Team. Recommendations are expected to be forwarded in the Spring. Street Parking Lot (Oceanside) Starship Ice, currently leasing this location, will vacate the property on or about March 31, 1997. Parking Systems Management will re--open public parking on this site as soon as it is restored. This added parking lot is expected to help increase lot revenues by over $100,0000 in 1997. Vehicle Decal Virginia Beach Norfolk Chesapeake Portsmouth Newport News Hampton Other Virginia Cities II Other States RESORT PARKING SURVEY April - September 1996 Off-Street 31% 8% 5% 2% 1% 1% 26% 26% On -Street 31% 8% 5% 3% 3% 3% 27% 2O% March 4, 1997 -7- CITY MANAGER'S BRIEFING 1996 PARKING SUMMARY -PLANS FOR 1997 ITEM # 41826 (Continued) Robert J. Scott, Director of Planning, described the situation existing on Winston Salem Avenue, which is basically an inherent land use issue. It is a conflict between the established residential neighborhood in close proximity to a fairly large based commercial development. It is waterfront oriented and generates a lot of activity. ~4 number of actions in the past by the Board of Zoning Appeals, with regard to parMng variances, have probably made a bad situation worse. There is a shortage of parking. ~4reas utilized as restaurant related areas need to be supported with appropriate parking. There may be additional proposals for development in that area which will also have parking demands. When those developments come forward, they must do so with the appropriate parking requirements attached to the proposal. The Civic League, at the present time, has requested employee parking passes be eliminated or terminated in this particular area. The City Attorney is investigating and there have been meetings with Henry Ruiz and the restaurant owners. A long term parking strategy should be implemented. This situation involves a change in the approach to parking fundamentally from a lot-by-lot requirement to an areawide requirement supplemented by the Ninth Street Garage, which is an important step in that transformation. Mr. Scott believed a change to the zoning ordinance shouM be considered which would allow restaurants, or any type of commercial use, in this particular area to seek appropriate off-site parking on a conditional use permit basis. The Residential Parking Permit Program might also be considered in this area. Last summer a trolley service (Entertainment Express) was operated, funded in part by restaurants in the area. The City proposes continuing this service. There are areas which are less than orderly, but cannot say there are any violations involved Nevertheless, Mr. Scott hopes they can be encouraged to bring their situations into compliance with good taste. Last summer, additional enforcement personnel were placed in the Beach Borough than in the past. Relative the Winston Salem - Mediterranean area with respect to Rockefellers and Rudees, parking was planned to be placed along the seawall. However, the parking was not part of the approval and has to come forward in site plan review. ~4dditional parking will be investigated. The Rudee Walk project is funded for the initial phase and is scheduled for construction in September 2000. March 4, 1997 -8- AGENDA RE VIEW SESSION 11:15 A.M. ITEM # 41827 Mayor Oberndorf advised the Schedule will be discussed during the Formal Session. Schedule Workshops and Public Hearings FY 1997-1998 Resource Management Plan ITEM # 41828 Council Lady Henley referenced: G.2 Request of }FILMER H. A YGARN for a free-standing mobile home in the Agricultural District at 2264 Stowe Road (PUNGO BOROUGH). Council Lady Henley requested in the future the correspondence forwarded to adjoining property owners detail the ordinance provisions, so that the residents are aware the mobile home must be located behind the existing dwelling, and must be occupied by a family member. Councilman Baum referenced the affect of the General Assembly action a year ago. A free-standing mobile home exists in the Blackwater Borough and does not appear to go with anyone's existing residence. Council Lady Henley suggested a Briefing be scheduled on the Ordinance relative free-standing mobile homes. ITEM # 41829 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: AGENDA FOR FORMAL SESSION G.2 Request of }FILMER H. A YGARN for a free-standing mobile home in the Agricultural District at 2264 Stowe Road (PUNGO BOROUGH). G.3 Ordinances authorizing License Refunds in the amount of $2,201.95. March 4, 1997 -9- MA YOR 'S CONCERNS 11:18 A.M. ITEM # 41830 Mayor Oberndorf advised the City needs to have Inspectors, who work on the weekends. If there is an abandoned service station, a piece of a parcel remaining at a strip shopping mall, trucks of all sizes are parked there selling sofas, chairs, paintings and foodstuffs (lobsters, shrimps, etc.). These vehicles usually have North Carolina license plates. The City is not receiving sales tax. In the Kempsville Borough, these operations resemble a carnival. Robert Scott, Director of Planning, advised there is one Inspector whose normal work week is Tuesday through Saturday and on Sunday's when necessary. Inspections are conducted at nights and during the weekend; however, due to budget constraints, these are sparse. ITEM # 41931 Mayor Oberndorf advised on Friday, February 28, 1997, the Hampton Roads Mayors and Chairs had their luncheon in Chesapeake. The Mayor was unable to attend; however, the City Manager attended in her stead. The City Manager advised this was the regular monthly meeting with a Presentation by Rick Horrow regarding Hampton Roads Infrastructure Development Process. This concerns the development of a package of local and regional areawide initiatives with the development of financing mechanisms, to be packaged in a way that has interest to the entire region. Since 1995, there have been nine of these initiatives around the country. Mr. Horrow has not been involved in all of these initiatives. The Mayors and Chairs reaction to the plan was favorable. The plan is to be returned to the Hampton Roads Partnership on March 20, 1997, with the recommendation to examine further. Each of the Boards and Councils needed to provide comments. The following is an itemization of specific areas of expertise: Provide general strategic oversight and advice in both the information gathering phase (creation of a "bundled" facility package), as well as the campaign (fund raising, media and general awareness) phase. 2. Participate in meetings with various sports, arts, recreation, cultural, transportation and special event constituencies seeking input in and support for various projects as part of a tax- funded facility package. Participate in meetings with appropriate tourism groups, hotel and motel associations, regional Chambers of Commerce, business development groups, and others to seek input and support for the package. Provide testimony on economic and cultural community benefits of successful facility referenda in Oklahoma City, Cincinnati, Nashville, Tampa Bay and otherwise. Work with appropriate public officials, business leaders and/or project "steering groups" (MAPS Committee in Oklahoma City; Community Development Council in Columbus) to structure ~bundling~ package, including presentation that includes at least the following: a. Specific description of project. b. Extent of private "funding match" or "contribution". c. Quantifiable economic and community impact of each project. eL Discussion of site considerations. e. Discussion of appropriate infrastructure, parking, transportation and the like. f. Description of integration into a master urban development, parking and infrastructure plan. March 4, 1997 - 10 - MA YOR 'S CONCERNS ITEM # 41830 (Continued) 6. Work with appropriate "steering group" to provide substantive advise regarding ballot language and financial structuring: a. Discussion of "sunsetting" after a set number of years as compared to bonding-over time. b. Discussion of "core" projects with option to build "supplemental" projects if future tax collections exceed early projects or if additional private funds are generated from any of the "core" projects. c. Discussion of appropriate allocations for operation, maintenance and capital repairs for all "bundled" facilities. d. Discussion of senior citizen rebate (Oklahoma City) Participate in meetings with all appropriate public elected and appointed officials to advocate the specific package, as well as provide relevant case histories of successful efforts in OMahoma City, Cincinnati, Nashville, Tampa and the like. 8. Provide strategic advice on sales tax campaign fundraising techniques: a. Possible linkages between "private investment" in each project and corporate pro rate contributions to referendum campaigns (Detroit 'founder/investors", for example) b. Discussion of evolution of "steering group" into more clearly defined campaign structure. c. Discussion of campaign solicitation structures (PAC, or otherwise) Provide strategic advice on substance of specific campaign message (working with appropriate pollsters, media analyst and public relations experts): a. Review polling questions and data; providing appropriate sample questions from other national campaigns. b. Provide and interpret campaign collateral material from other successful national campaigns. c. Assist in crafting messages such as economic development, quality of life, public/private partnership, advantages of sales tax "bundling", minority procurement and job training issues and the like. 10. Participate in follow-up substantive meetings with constituent groups, business organizations and other appropriate groups to solicit active campaign support, based on foundation laid from earlier meetings. 11. Provide campaign testimony based on other successful communities; be actively involved with media, public speeches, commission and Council meetings and otherwise. The role would be as "outside consultant" comparing the Hampton Roads efforts to other successful national efforts as it relates to job creation, economic development, quality of life, public/private partnership, efficiencies of sales tax financing, levels of expected private contribution and the like. The City Manager advised Mr. Horrow's fee is $6500 per month with a two year agreement, which after a year is cancelable at any time. If Mr. Horrow is selected, a part of his program would be to meet with all the in&'vidual counties, boards and various groups. March 4, 1997 - 11 - MA YOR 'S CONCERNS ITEM # 41830 (Continued) The City Manager believed this planning process would qualify for the Regional Incentive Fund. The Hampton Roads Partnership would be eligible for these funds under this legislation. Mayor Paul Fraim and Director of Economic Development Don Maxwell, met with Rick Horrow in a conference in Phoenix and brought him back to the area. Mayor Oberndorf will be attending the Hampton Roads Partnership and she will relay City Council concerns: (I) Mr. Horrow is requested to visit with City Council prior to any decision by the Partnership; and, (2) there is no commitment from the City of Virginia Beach at this juncture, as the City Council reserves the right to consider additional information. March 4, 1997 - 12 - CITY COUNCIL CONCERNS ITEM # 41831 Council Lady Parker read her letter of apology into the record: "Mayor, Members of Council and the General Public: There is an article in the paper today concerning the soccer stadium, which will cause many people great pain, and lam the cause of it. I want to bring it to the forefront so that my comments are not seen as a part of the Council as a body. First, but least, is the fact that I was said to have talked to various groups concerning the stadium and their reactions were negative. That is absolutely not true. I have not been able to talk with any groups as most of Council's conversations have been in executive session. The reporter crossed the facts concerning the Rhino Stadium with the Soccer Stadium, in the interview we had. But most importantly is the quote that is attributed to me when I reported people's response to the Rhino issue... "They looked at me as if I were deaf, dumb and blind". I was horrified to think I had made that comment. I can only apologize for the use of a very old slang expression, which is very politically incorrect and very insensitive. As an elected public officia~ I must be more diligent in my conversations and thoughts as ! represent people from all backgrounds. Respectfully, Nancy Parker" ITEM # 41832 Councilman Branch referenced the ~lnalysis of SPSA 's Financial Management by I/'EEPS, and requested the City Manager have staff provide an opinion to City Council. ITEM # 41833 Councilman Harrison referenced the construction to commence for the improvement of the bulkheads at tht North End as part of the Hurricane Protection Project. Councilman Harrison wouM like the City Council to have the opportunity to reconsider whether this is the best utilization of funds. If risks are to be taken with this amount of money without federal funding it might be better to take the risk with the boardwalk which has clear revenue enhancement than replacing a bulkhead. If Federal sand replenishment dollars are not scheduled as part of the plan over the next fifty years, in essence, the City will have a bulkhead that fails, or if the City does not complete the necessary improvements that run from about 8th Street to the location where the boardwalk is currently being built and the segment between there and the bulkhead extensions is never completed, there is a chance for undermining what is installed. Councilman Harrison referenced the issue of the "line item veto" by the President. Council Lady Strayhorn requested information from Assistant to the City Manager Robert Matthias. The City Manager advised a Briefing will be provided either on the March 11, or 25, 1997 City Council Session relative the flexibility and options available. Mayor Oberndorf advised Dr. Visser has spoken repeatedly concerning the opposition of the North Beach Civic League to the project. March 4, 1997 - 13 - CITY COUNCIL CONCERNS ITEM # 41834 Council Lady Henley referenced the Creeds Fire Station. This has been fully funded in the last two Capital Improvement Program. Construction has not commenced. In the forthcoming CIP, construction is suppose to begin July 1, 1997, and be completed in July 1998. This facility has been long awaited. Council Lady Henley does not want further delays and wishes the ground breaking to occur on July First. ITEM # 41835 Councilman Branch referenced the Twenty-first Annual Oyster Roast of the Rescue Squad is Sunday, March 16, 1997. Councilman Branch has tickets. ITEM # 41836 Council Lady Henley referenced the article relative the Soccer Stadium, which indicates the City Council will be voting on same during the City Council Session of March 11, 1997. Council lxtcly Henley was concerned as there has not been public discussion and requested a public presentation on this issue. ITEM tt 41837 Council Lady Parker referenced the issue of radio towers. Apparently there are alternatives and requested a Briefing be presented to City Council relative other available alternatives. The City Manager advised coordination with the Hampton Roads Planning District Commission to develop a model ordinance to be used throughout the area. ~4 T & T has requested a meeting next week with four more providers wishing to place these communication towers throughout the community. Virginia Beach has been the leader in the region in terms of urging consolidation of sites and attempting to minimize the number of sites. Motorola has a plan to launch 66 satellites, which may make all these tower obsolete. Assistant City .4ttorney MacaH advised there is a review process with the Department of Planning concerning communication towers. There will be an ordinance before the Planning Commission on March 12, 1997, relative amending regulations pertaining to communication towers. In terms of co-location requirements, this will turn the regulations from strongly suggestive to mandatory. Council Lady McClanan advised some of the residential areas are not appropriate for the towers. Assistant City Attorney Macali advised communication towers will not be installed without a Use Permit; therefore, City Council has complete control of that process. March 4, 1997 - 14 - ITEM # 41838 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, March 4, 1997, at 12:02 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan. Mayor Meyera E. Oberndoff, Nancy K. Parker and Louisa 3/1. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. March 4, 1997 - 15 - ITEM # 41839 Mayor Meyera E. Oberndoff, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(4)(3). Acquisition of Property Sandbridge Beach Recreation Easements Site Selection Multi- Purpose Stadium LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(4)(7). Lake Gaston Water Supply Project Sandbridge Beach Recreation Easements Daniel M. Hoosack v. Sean R. Coerse Linda and Donald Chapman, etc. v. City of Virginia Beach Contractual Negotiations - Multi-Purpose Stadium Recycling Upon motion by Councilman Baum, seconded by Council Lady McClanan, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting 4ye: John 4. Baum, Linwood O. Brancl~ III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: iVone Council Members 4bsent: Vice Mayor William D. Sessoms, Jr. March 4, 1997 - 16 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 4, 1997 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 4, 1997, at 2:00 P.M. Council Members Present: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Louisa M. Strayhorn Council Members ,4bsenc Vice Mayor William D. Sessoms, Jr. [VACATION IN FLORIDA] INVOCATION: Ruth Hodges Smith, CMC/AAE City Clerk PLEDGE OF ,4LLF~GIANCE TO THE FLAG OF THE UNITED STATES OF `4MERICA March 4, 1997 -17- CERTIFICATION OF EXECUTIF~ SESSION ITEM # 41840 Upon motion by Councilman Heischober, seconded by Council Lady Parker, 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; 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: 8-0 Council Members Voting ~lye: John/l. Baum, William gE. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: ~]'one Council Members/lbsent: Linwood O. Branci~ III, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn March 4, 1997 Beso u ou CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 41839, Page No. 15 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such 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 member's 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 thc motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Rut~ H~h, CMC/AAE City Clerk March 4, 1997 - 18 - Item V-E1 MINUTES ITEM # 41841 Upon motion by Council Lady Parker, seconded by Councilman Bautn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 25, 1997. Voting: 8-0 Council Members Voting ~4ye: John ~4. Baum, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members ,4bsent: Linwood O. Brancl~ III, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn March 4, 1997 - 19 - Item V-G. AGENDA FOR FORMAL SESSION ITEM # 41842 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council APPROVED BY CONSENT in ONE MOTION Item 2 and 3. Yoting : 9-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis t~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Vice Mayor William D. Sessoms, Jr. March 4, 1997 - 20 - Item V-G.I. AGENDA FOR FO~ SESSION ITEM # 41843 BY CONSENSUS, City Council SCHEDULED: FY 1997-199S OPERATING BUDGET & CAPITAL IMPRO~I4ENT PROGRAM SCHEDULE I EVENT DATE TIME PLACE SUBJECT Budget & CIP Pr#~tati~ Tue~]ay. Alii I 2~X) PM City Cou~l Chamber l~dget ~ CIP Council Workahop Thureday, Al:xtl 3 3'00 PM - 6'00 PM Qty Maflager'8 Co~fereflco Fk:x:xn EG:,,-,omlc Vitality/Cultural & Recre~tk:x, uaf OR:x:x'turdtles Council Workohop Tueeday. Alxil 8 10'00 AM - Noon City F, AG~oe~'8 Conference ~ Safe Commurdty/Strengtherdng Famile8 , Ccxa~l Wcxt~h~ Thumclay, Apdl 10 3~30 PM - 6.'~X) PM City ~8 Conference Room Budget and , ~1 WO~lhcq) Tueeclay, April 15 10~)0 AM - Noon City Mimager'l Conference F:kx:m QuaJIty ~k:)n (Sc:hool'8 Budget) i Public Hearing Thureday, Alxll 17 7130 PM Princea8 Anne High Schocd Budget and CIP Council Wo~kehop Thumday. Alxil 24 3t30 PM - 6130 PM City Ivlanager'8 Conference Roc~ Budget and CIP Council Wockehop Tueeday, April 29 3'00 PM - 6'00 I'M CJly Manager'8 Conference I:kx3m QuaJIty Physica/Environment/All Remaining Public Hearing Tueec~y. May 6 2'00 PM City Council Chand)er 134Jclget and CIP Recx:r~latlon Wofk~Kzp Tueeday, I~ly 6 Following Council City Manager's Conference Room Council Funcllng leeue8 Adopt I~dget & ClP Tueaclay. May 13 2~0 PM City Council Chamber Budget and CAP March 4, 1997 - 21 - Item V-G.2. AGENDA FOR FORMAL SESSION ITEM # 41844 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council APPROVED: Request of WILMER H. A YGARN for a free-standing mobile home in the Agricultural District at 2264 Stowe Road (PUNGO BOROUGH). Voting: 9-0 (By ConsenO Council Members Voting Aye: John ,4. Baum, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branci~ III and Vice Mayor William D. Sessoms, Jr. March 4, 1997 Ittm V-G.3. AGENDA FOR FORMAL SESSION ITEM # 41845 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council APPROVED: Ordinances authorizing License Refunds in the amount of $2,201.95. upon application of certain persons and upon Certification of the Commissioner of the Revenue. 9-0 (By ConsenO Council Members Voting .dye: John .d. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: iVo n e Council Members .dbsent: Linwood O. Branch, III and Vice Mayor William D. Sessoms, Jr. March 4, 1997 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 YEAR PAID PENALTY INTEREST TOTAL Ong~nal Canbbean Cookie Co (The) 515 Central Dnve V~rgm~a Beach VA 23454 1996 05-06-96 300 00 Sandoval, Steven E 716 Jenco Road V~rg~nla Beach VA 23455 1994-95 Aud{t 13 20 Turner, Inc C/O Lawrence Turner 804 124th Street SW ,'CD Everett WA 98204 1996 Audit 66 27 300 O0 13 20 66 27 Th~s ordinance shall be effective from date of adoption The above abatement(s) totahng $379.47 of the C~ty of V~rg~n~a Beach on the Fourth Cerhfied as to Payment ~ert P Vaughan Comm~smoner of theRevenue Approved as to form were approved by the Councd day of March ,19 97 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 BF_.ACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL MeredIth, John P O Box 5608 V~rg~n~a Beach VA 23455 Murphy & Company, PC One Columbus Center 1001 V~rg~n~a Beach VA 23462 Newbdl, M~chael B 3755 Oyster Point Quay V~rg~n~a Beach VA 23452 1997 Audit 560 24 1996 Audit 1,106 96 1995-96 Audit 55 28 560 24 1,106 96 55 28 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,722 48 of the C~ty of V~rg~n~a Beach on the Fourth Cerhfied as to Payment '~:~a~'o ert P Vaughan ~ Commissioner of the Revenue Approved as to form City Attorney were approved by the Council day of March ,19 97 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' NAM E LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Atk~nson, Ronald L P O Box 64356 V~rg~n~a Beach VA 23467 Cooke, Bobby V 16 Faye Dnve Smithfield, VA 23430-1619 G~bson, Stanley W 993 Boughton Way V~rg~n~a Beach VA 23456 1993-96 Audtt 1997 01-28-97 1995 05-15-95 3O 00 40 00 3O 00 3O O0 4O O0 3O O0 Th~s ordinance shall be effecbve from date of adoption. The above abatement(s) totahng $100 00 ofthe C~tyofV~rg~n~a Beachonthe Fourth Certified as to Payment r.~;td~rt P Vaughan -J Commmmoner of the Revenue Approved as to form Leslie L Lilley ~ City Attorney were approved by the Councd day of March ,1997 Ruth Hedges Smith C~ty Clerk Item P'-I.1. NEW BUSINESS ITEM # 41846 Council Lady Parker read her letter of apology into the record: "Mayor, Members of Council and the General Public: There is an article in the paper today concerning the soccer stadium, which will cause many people great pain, and I am the cause of it. I want to bring it to the forefront so that my comments are not seen as a part of the Council as a body. First, but least, is the fact that I was said to have talked to various groups concerning the stadium and their reactions were negative. That is absolutely not true. I have not been able to talk with any groups as most of Council's conversations have been in executive session. The reporter crossed the facts concerning the Rhino Stadium with the Soccer Stadium, in the interview we had. But most importantly is the quote that is attributed to me when I reported people's response to the Rhino issue... "They looked at me as if ! were deaf, dumb and blind", l was horrified to think I had made that comment. I can only apologize for the use of a very old slang expression, which is very politically incorrect and very insensitive. As an elected public official, I must be more diligent in my conversations and thoughts as ! represent people from all backgrounds. Respectfully, Nancy Parker" March 4, 1997 ITEM # 41847 Mayor Meyera E. Oberndoff, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section Z1-344, Code of Virginia, as amended, for the following purpose: pUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section Z1-344(A)(3). Acquisition of Property Sandbridge Beach Recreation Easements LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Lake Gaston Water Supply Project Sandbridge Beach Recreation Easements Daniel M. Hoosack v. Sean R. Coerse Linda and Donald Chapman, etc. v. City of Virgima Beach Contractual Negotiations - Multi-Purpose Stadium Recycling Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION (2:25 P34.) Voting: 9-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy If. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Vice Mayor William D. Sessoms, Jr. March 4, 1997 ITEM # 41848 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the ~IRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, March 4, 1997, at 5:10 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker and Louisa M. Strayhorn Council Members Absent: William W. Harrison, Jr., Harold Heischober and Vice Mayor William D. Sessoms, Jr. March 4, 1997 - 26 - CERTIFICATION OF EXECUTIF~ SESSION ITEM # 41849 Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, 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; 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: 8-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr., Harold Heischober and Vice Mayor William D. Sessoms, Jr. March 4, 1997 - 27 - Item V-P. ADJOURNMENT ITEM It 41850 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:12 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 4, 1997 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 4, 1997 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, March 4, 1997, at 9:30.4. M. Council Members Present: John A. Baum, Linwood O. Brancl~ III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P~ Jones, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members ~4bsent: Nancy I~ Parker Vice Mayor William D. Sessoms, Jr. [ENTERED: 9:45 A.M.] [VACATION IN FLORIDA] Louisa M. Strayhorn [ENTERED: 9:40 A.M.] -2- CITY MAN`4GER'S BRIEFING WASTE COLLECTION FEE OPTIONS 9:30 A.M. ITEM # 41825 Dean Block, Director - Management Services, referenced the issue of fee versus taxes concerning Waste Collection. The nature of the service needs to be examined. Many services, i.e. police, library are difficult to define individual costs in such as way to be assigned to users. Waste Management tends to fall in the middle, as there are issues which relate to waste management with a broad public consideration i.e. Public Health issue (keep streets free of garbage). It is possible with varying degrees of precision to assign costs to individual users and charge those users for those costs through a fee. It is also possible to mix those two things together. Some services couM be paid for with a fee and some out of the general taxes. One of the considerations is an equity one. The City does not provide direct waste maintenance and disposal service to some residents, those residing in multi-family dwellings and certain condominiums, nor does it provide services to businesses. It is essentially a service provided primarily to single-family detached dwellings and in some cases townhomss. There is in the process a question of fairness and equity. This also needs to be considered. Norfolk, Portsmouth, Hampton and Newport News all charge a fee. They do not necessarily charge a fee, which fully recovers the cost and they vary widely in their approach as to how they impose the fee and the amount collected. Some provide different fees based upon the number of collections received and the size of the container. Others as Portsmouth and Norfolk provide a flat fee either on a daily basis or a monthly basis. Of the major cities in this area, all but Chesapeake and Suffolk, provide for a fee of some nature for the collection of solid waste. The scope of the fee should also be considered. FEE VERSUS TAXES Nature of Service Equity/Receipt of Service Public Health/Aesthetics Fees in Hampton Roads SCOPE OF FEE Collection -- General Fund Disposal -- Fee Recycling -- Fee Administration -- General Fund Customer Service -- Fee OTHER CONSIDERATIONS Billing System -- Through Hampton Roads Sanitation District - $140,000 one time development costs -- 6 months to develop Fee Same for ,411 Users Special Revenue Fund Possible Property Tax Offset March 4, 1997 -3- CITY MANAGER'S BRIEFING WASTE COLLECTION FEE OPTIONS ITEM # 41825 (Continued) FEE OPTIONS Illustrative Scenarios -- Not Exhaustive Fee implementation: January 1, 1998 All Fees Cover Disposal, Recycling, Customer Service Costs Existing collection service, bi-weekly contracted curbside recycling plus 22 drop-off centers. Rate: $8.40/month Tax Offset: Up to 2.6 cents, July 1997 Up to additional 2.6 cents, July 1998 Recycled Tonnage: 45,000 tons Existing collection service, monthly city curbside recycling plus 22 drop-off centers. Rate: $8.00/month Tax Offset: Up to 2.5 cents, July 1997 Up to additional 2.5 cents, July 1998 Recycled Tonnage: 25,500 tons Existing services continued including 50 drop-off centers Rate: $7.90/month Tax Offset: Up to 2.8 cents, July 1997 Up to additional 2. 4 cents, July 1998 Recycled Tonnage: 10,000 tons. This item will be discussed during the Executive Session. March 4, 1997 -4- CITY MANAGER'S BRIEFING 1996 PARKING SUMMARY -PLANS FOR 1997 10:12 A.M. ITEM # 41826 Henry Ruff, Parking Systems Administrator, manages the operations, revenue collection and enforcement of 1,062 municipal parking lot spaces, 750 metered on-street parking spaces, and the Residential Parking Permit Program for a total of 4,936 public parking spaces. 1996 was a very successful year. The Parking Enterprise Fund produced $1,024,598 in revenue during the 1996 season. Expenses were $565,163 for this period. The Enterprise Fund was able to contribute $327,532 of their revenues to the General Fund, CIP 2-051 (Citywide Parking Improvements), Sandbridge Special Sand District and TGIF. The retained earnings account currently maintains a balance of $267,806. Additionally, the Parking Enforcement program recorded 31,068 parking violations and $308,901 in revenues. This, in addition to Police enforcement initiatives, accounted for a total of 43,186 violations written and $609,598 in revenues to the General Fund and ultimately to TGIF. O~er 8300 decals and parking passes have been issued in 1996. The Parking Systems Management Office manages both the City decal discount program and issues trolley passes to Municipal Parking Lot patrons. The Resddential Parking Permit Program continues to be successful in managing on-street residential parking. The support residents and Police have given the program encourage its continuation and the on- going interaction it generates between residents and City Staff. The Resort Area Parking Report 1997 was distributed to City Council and is hereby made a part of the record. Mr. Ruiz cited Page 3A of said report. The Municipal Parking Lot operation in 1996 generated over $460,000 in revenues. This was a decrease in revenues of $153,000 from last year, largely due to the loss of the 31st Street oceanside lot. A total of 33,069 vehicles displaying Virginia Beach decals took advantage of the after 5:00 P.M. $1.00 parking discount rate. Municipal parking lot attendants issued over 12,000 free trolley passes to parking lot patrons, of which 1,000 were recorded as used. Parking patrons were given two (2) round trip trolley tickets for each person in the vehicle for any oceanfront trolley upon request. Page 4A and 4B summarized information relative Parking Meters. In 1996 parking meter usage and revenues increased slightly compared to the previous year. Revenues went from $535,719 in 1995 to $545,117 in 1996. This increase was attributed to the loss of off-street parking in the 31st Street Lot which created more demand for metered parking, and the visible posting of regulatory signs secured to each meter post. In 1996, there were approximately 750 parking meters with an average annual revenue of $727 per meter. Metered on-street parking is intended to promote parking space turnover, allowing customers an opportunity to park on-street for short periods of time at fees less than parking lots. Approximately 21,000 meter violations were issued in 1996. As of December 1996, $207,031 in fines/penalties had been collected by the City Treasurer. This was an increase of 2,000 violations collected over the previous year and $32,000 more in fines/penalties. The parking meter enforcement policy is to void tickets issued when customers "walk-up ~ or address the issuing parking enforcement officer immediately after the ticket is written. Due to "walk-ups" or verified mechanical malfunctions, approximately 13% of all meter violations written were voided in 1996. We feel this existing policy has and will continue to contribute to better customer and tourist relationships. Page 5A denotes the Residential Parking Permit Program. The 1996 Residential Parking Permit Program (RPPP) continues to be recognized by Resort Area civic groups as an effective way to manage residential parking and unreasonable noise and disturbance during nighttime hours; and, to protect and preserve the peace, good order and character of residential neighborhoods. In I996, approximately 6,500 violations were written in the RPPP areas for unauthorized parking. This was 2,000 less than in 1995. The RPPP restricts general parking on most Oceanfront residential streets between 30th Street and Rudee Loop between the hours of 8:00 P.M. and 6:00 A.M. To legally park in RPPP areas, vehicles must display a residential parking decal or pass. RPPP decals are issued to residents at no fee, as are short-term guest passes. During 1996, the RPPP was expanded in Shadowlawn, which almost doubled the original area. The RPPP in Shadowlawn consists of 7% of the entire program. March 4, 1997 -5- CITY MANAGER'S BRIEFING 1996 PARKING SUMMARY -PLANS FOR 1997 ITEM # 41826 (Continued) The parking enforcement effort of the RPPP not only received praise from residents for managing on- street parking but, in addition, provided an increased sense of public safety resulting from the visible presence of four (4) enforcement officers, who patrolled the residential areas in marked vehicles. The Police Department also continues to support the program because they have experienced a reduction of calls for service since implementation. In addition, enforcement resulted in $127,324 in penalties being collected in 1996. These revenues and the amount collected for permits more than offset the entire cost of the Residential Parking Permit Program which is $75,000. Page 7 includes the VIOLATION BREAKDOWN. January 1 - December 31, 1996 TYPE OF PARKING POLICE TOTAL REVENUE VIOLATION MANAGEMENT (All Precincts) TOTAL 1-Category A 197 4,012 4,209 57.450.00 2-Category B 2,939 4,418 7,537 69,671.00 3-Meter 20, 454 720 21,174 20 7, 013. O0 4-Handicap 157 2,470 2,627 12 4 5 29. 00 5-Left Side 882 453 1,335 19,521.00 7-RPPV 6, 439 45 6,484 127,324.00 TOTAL 31, 069 12,118 43,186 609, 598. O0 PARKING INITIATIVES & ISSUES FOR 1997 9th Street Parking Facili~_ The creation of a new public/private partnership in 1997 will bring together the first publicly utilized parking deck in Iftrginia Beach. This facility will have 612 parking spaces, which will be leased by the City. The first ~alf hour fee will be $1.00, up to 1 hour - $2.00; ana~ thereafter parking by the hour will be $2.00 to a maximum of $7.00 per day. Nights and after 5:00 P.M. will be $3.00 parking with the City decal discount of $1.00. Hours of operation are/,pril through May from 7:00 ~4.M. to 10:00 P.M., 7 days per week. June through September the facility will be open seven days a week, 7:00 A.M. to 2:00 ~4.M.. October through May, the facility will be open 7 days per week, 7:00 A.M. to 10:00 P.M. These hours are subject to change and demanvL Removal of On-Street Parking Staff is currently reviewing the removal of metered parking in the vicinity of the 9th Street parking facility. It is anticipated that some of the space eliminated will be converted to disabled parking and loading zones for businesses and tour buses. This is a first step toward the concept of gradually selectively replacing on-street parking with parking structures and transportation hubs. March 4, 1997 -6- CITY MANAGER'S BRIEFING 1996 PARKING SUMMARY -PLANS FOR 1997 ITEM # 41826 (Continued) 4th Street Parkine Lot The conversion from parking attendant regulated parking to parking meters will be implemented at this location beginning April 1, 1997. This year's parking operation at the 4th Street lot will use parking meters and be managed in the same manner as other parking meters in the oceanfront. The parking fees will be $.75 per hour every day of the week instead of the daily rate of $$.00 or $4.00. This will allow the public, who may prefer to utilize short term parking, the benefit of paying a lesser fee for parking at the south end of the Resort Area. Residential Parking Permit Program There were several RPPP changes initiated late in 1996 and some are planned for implementation this year. At the end of last season, the Shadowlawn Civic Association requested to have their RPPP boundaries expanded to include Carolina, Virginia, and Delaware Avenues. The request was approved and the appropriate signs were installed. This year it appears that the parking concerns in Shadowlawn between businesses and residents will have no short term solutions, latst year businesses requested their employees not park in residential areas in a cooperative move to ease residential parking impacts. Businesses have indicated they will request employee business passes as provided for in the City Code. New this year will be the issuance of monthly business tntsses instead of annual business passes. Additionally, there is a request from Resort Beach Civic League to advance the RPPP enforcement starting time from 8:00 P.M. to 5:00 P.M. This is currently under review by the Resort Issues Team, a subcommittee of the City's Safe Community Strategic Issues Team. Recommendations are expected to be forwarded in the Spring. 31st Street Parking Lot (Oceanside) Starship Ice, currently leasing this location, will vacate the property on or about March 31, 1997. Parking Systems Management will re-open public parking on this site as soon as it is restored. This added parking lot is expected to help increase lot revenues by over $100,0000 in 1997. Vehicle Decal Virginia Beach Norfolk Chesapeake Portsmouth Newport News Hampton Other Virginia Cities ! Other States RESORT PARKING SURVEY April - September 1996 Off-Street I1 31% 8% 5% 2% 1% 1% 26% 26% On -Street 31% 8% 5% 3% 3% 3% 27% 2O% I I March 4, 1997 CITY MANAGER'S BRIEFING 1996 PARKING SUMMARY -PLANS FOR 1997 ITEM # 41826 (Continued) Robert J. Scott, Director of Planning, described the situation existing on Winston Salem Avenue, which is basically an inherent land use issue. It is a conflict between the established residential neighborhood in close proximity to a fairly large based commercial development. It is waterfront oriented and generates a lot of activity. A number of actions in the past by the Board of Zoning Appeals, with regard to parking variances, have probably made a bad situation worse. There is a shortage of parking. Areas utilized as restaurant related areas need to be supported with appropriate parking. There may be additional proposals for development in that area which will also have parking demands. When those developments come forward, they must do so with the appropriate parking requirements attached to the proposal. The Civic League, at the present time, has requested employee parking passes be eliminated or terminated in this particular area. The City Attorney is investigating and there have been meetings with Henry Ruiz and the restaurant owners. A long term parking strategy should be implemented. This situation involves a change in the approach to parking fundamentally from a lot-by-lot requirement to an areawide requirement supplemented by the Ninth Street Garage, which is an important step in that transformation. Mr. Scott believed a change to the zoning ordinance should be considered which would allow restaurants, or any type of commercial use, in this particular area to seek appropriate off-site parking on a conditional use permit basis. The Residential Parking Permit Program might also be considered in this area. Last summer a trolley service (Entertainment Express) was operated, funded in part by restaurants in the area. The City proposes continuing this service. There are areas which are less than orderly, but cannot say there are any violations involved. Nevertheless, Mr. Scott hopes they can be encouraged to bring their situations into compliance with good taste. Last summer, additional enforcement personnel were placed in the Beach Borough than in the past. Relative the Winston Salem - Mediterranean area with respect to Rockefellers and Rudees, parking was planned to be placed along the seawall. However, the parking was not part of the approval and has to come forward in site plan review./ldditional parking will be investigated. The Rudee Walk project is funded for the initial phase and is scheduled for construction in September 2000. March 4, 1997 -8- AGENDA RE VIEW SESSION 11:15 A.M. ITEM # 41827 Mayor Oberndorf advised the Schedule will be discussed during the Formal Session. Schedule Workshops and Public Hearings FY 1997-1998 Resource Management Plan ITEM # 41828 Council Lady Henley referenced: G.2 Request of WILMER H. A YGARN for a free-standing mobile home in the Agricultural District at 2264 Stowe Road (PUNGO BOROUGH). Council Lady Henley requested in the future the correspondence forwarded to adjoining property owners detail the ordinance provisions, so that the residents are aware the mobile home must be located behind the existing dwelling, and must be occupied by a family member. Councilman Baum referenced the affect of the General Assembly action a year ago..8 free-standing mobile home exists in the Blackwater Borough and does not appear to go with anyone's existing residence. Council Lady Henley suggested a Briefing be scheduled on the Ordinance relative free-standing mobile homes. ITEM # 41829 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: AGENDA FOR FORMAL SESSION G.2 Request of [FILMER H. A YGARN for a free-standing mobile home in the ~dgricultural District at 2264 Stowe Road (PUNGO BOROUGH). G.3 Ordinances authorizing License Refunds in the amount of $2,2Ol.9S. March 4, 1997 M,4 YOR 'S CONCERNS 11:18 A.M. ITEM tt 4183O Mayor Oberndorf advised the City needs to have Inspectors, who work on the weekends. If there is an abandoned service station, a piece of a parcel remaining at a strip shopping mall, trucks' of all sizes are parked there selling sofas, chairs, paintings and foodstuffs (lobsters, shrimps, etc.). These vehicles usually have North Carolina license plates. The City is not receiving sales tax. In the Kempsville Borough, these operations resemble a carnival. Robert Scott, Director of Planning, advised there is one Inspector whose normal work week is Tuesday through Saturday and on Sunday's when necessary. Inspections are conducted at nights and during the weekend; however, due to budget constraints, these are sparse. ITEM It 41931 Mayor Oberndorf advised on Friday, February 28, 1997, the Hampton Roads Mayors and Chairs had their luncheon in Chesapeake. The Mayor was unable to attend; however, the City Manager attended in her stead. The City Manager advised this was the regular monthly meeting with a Presentation by Rick Horrow regarding Hampton Roads Infrastructure Development Process. This concerns the development of a package of local and regional areawide initiatives with the development of financing mechanisms, to be packaged in a way that has interest to the entire region. Since 1995, there have been nine of these initiatives around the country. Mr. Horrow has not been involved in all of these initiatives. The Mayors and Chairs reaction to the plan was favorable. The plan is to be returned to the Hampton Roads Partnership on March 20, 1997, with the recommendation to examine further. Each of the Boards and Councils needed to provide comments. The following is an itemization of specific areas of expertise: . Provide general strategic oversight and advice in both the information gathering phase (creation of a "bundled" facility package), as well as the campaign (fund raising media and general awareness) phase. 2. Participate in meetings with various sports, arts, recreation, cultural, transportation and special event constituencies seeking input in and support for various projects as part of a tax- funded facility package. Participate in meetings with appropriate tourism groups, hotel and motel associations, regional Chambers of Commerce, business development groups, and others to seek input and support for the package. Provide testimony on economic and cultural community benefits of successful facility referenda in Oklahoma City, Cincinnati, Nashville, Tampa Bay and otherwise. Work with appropriate public officials, business leaders and/or project "steering groups" (MAPS Committee in Oklahoma City; Community Development Council in Columbus) to structure "bundling" package, including presentation that includes at least the following: a. Specific description of project. b. Extent of private "funding match" or "contribution ~. c. Quantifiable economic and community impact of each project. d. Discussion of site considerations. e. Discussion of appropriate infrastructure, parking, transportation and the like. f Description of integration into a master urban development, parking and infrastructure plan. March 4, 1997 - 10 - MA YOR 'S CONCERNS ITEM # 41830 (Continued) 6. Work with appropriate "steering group" to provide substantive advise regarding ~ot language and financial structuring: a. Discussion of "sunsetting" after a set number of years as compared to bonding-over time. b. Discussion of "core" projects with option to build "supplemental" projects if future tax collections exceed early projects or if additional private funds are generated from any of the "core" projects. c. Discussion of appropriate allocations for operation, maintenance and capital repairs for all "bundled" facilities. ti. Discussion of senior citizen rebate (Oklahoma City) Participate in meetings with all appropriate public elected and appointed officials to advocate the specific package, as well as provide relevant case histories of successful efforts in Oklahoma City, Cincinnati, Nashville, Tampa and the like. 8. Provide strategic advice on sales tax campaign fundraising techniques: a. Possible linkages between "private investment" in each project and corporate pro rate contributions to referendum campaigns (Detroit "founder/investors", for example) b. Discussion of evolution of "steering group" into more clearly defined campaign structure. c. Discussion of campaign solicitation structures (P,4C, or otherwise) Provide strategic advice on substance of specific campaign message (working with appropriate pollsters, media analyst and public relations experts): a. Review polling questions and data; providing appropriate sample questions from other national campaigns. b. Provide and interpret campaign collateral material from other successful national campaigns. c. Assist in crafting messages such as economic developmen~ quality of life, public/private partnership, advantages of sales tax "bundling", minority procurement and job training issues and the like. 10. Participate in follow-up substantive meetings with constituent groups, business organizations and other appropriate groups to solicit active campaign support, based on foundation laid from earlier meetings. 11. Provide campaign testimony based on other successful communities; be actively involved with media, public speeches, commission and Council meetings and otherwise. The role would be as "outside consultant" comparing the Hampton Roads efforts to other successful national efforts as it relates to job creation, economic development, quality of life, public/private partnership, efficiencies of sales tax financing, levels of expected private contribution and the like. The City Manager advised Mr. Horrow's fee is $6500 per month with a two year agreement, which after a year is cancelable at any time. If Mr. Horrow is selected, a part of his program would be to meet with all the individual counties, boards and various groups. March 4, 1997 MA YOR 'S CONCERNS ITEM # 41830 (Continued) The City Manager believed this planning process would qualify for the Regional Incentive Fund. The Hampton Roads Partnership would be eligible for these funds under this legislation. Mayor Paul Fraim and Director of Economic Development Don Maxwell, met with Rick Horrow in a conference in Phoenix and brought him back to the area. Mayor Oberndorf will be attending the Hampton Roads Partnership and she will relay City Council concerns: (1) Mr. Horrow is requested to visit with City Council prior to any decision by the Partnership; and, (2) there is no commitment from the City of Virginia Beach at this juncture, as the City Council reserves the right to consider additional information. March 4, 1997 - 12 - CITY COUNCIL CONCERNS ITEM # 41831 Council Lady Parker read her letter of apology into the record: "Mayor, Members of Council and the General Public: There is an article in the paper today concerning the soccer stadium, which will cause many people great pain, and I am the cause of it. I want to bring it to the forefront so that my comments are not seen as a part of the Council as a body. Firsg but least, is the fact that I was said to have talked to various groups concerning the stadium and their reactions were negative. That is absolutely not true. I have not been able to talk with any groups as most of Council's conversations have been in executive session. The reporter crossed the facts concerning the Rhino Stadium with the Soccer Stadium, in the interview we had~ But most importantly is the quote that is attributed to me when I reported people's response to the Rhino issue... "They looked at me as if I were deaf, dumb and blind". I was horrified to think I had made that comment. I can only apologize for the use of a very oM slang expression, which is very politically incorrect and very insensitive..4s an elected public officia~ I must be more diligent in my conversations and thoughts as I represent people from all backgrounds. Respectfully, Nancy Parker" ITEM # 41832 Councilman Branch referenced the.dnalysis of SPSA 's Financial Management by VEEPS, and requested the City Manager have staff provide an opinion to City Council. ITEM # 41833 Councilman Harrison referenced the construction to commence for the improvement of the bulkheads at the North End as part of the Hurricane Protection Project. Councilman Harrison would like the City Council to have the opportunity to reconsider whether this is the best utilization of funds. If risks are to be taken with this amount of money without federal funding, it might be better to take the risk with the boardwalk which has clear revenue enhancement than replacing a bulkhead. If Federal sand replenishment dollars are not scheduled as part of the plan over the next fifty years, in essence, the City will have a bulkhead that fails, or if the City does not complete the necessary improvements that run from about 8th Street to the location where the boardwalk is currently being built and the segment between there and the bulkhead extensions is never completed, there is a chance for undermining what is installed. Councilman Harrison referenced the issue of the "line item veto" by the President. Council Lady Strayhorn requested information from Assistant to the City Manager Robert Matthias. The City Manager advised a Briefing will be provided either on the March 11, or 25, 1997 City Council Session relative the flexibility and options available. Mayor Oberndorf advised Dr. Visser has spoken repeatedly concerning the opposition of the North Beach Civic League to the project. March 4, 1997 - 13 - CITY COUNCIL CONCERNS ITEM # 41834 Council Lady Henley referenced the Creeds Fire Station. This has been fully funded in the last two Capital Improvement Program. Construction has not commenced. In the forthcoming CIP, construction is suppose to begin July L 1997, and be completed in July 1998. This facility has been long awaited. Council Lady Henley does not want further delays and wishes the ground breaking to occur on July First. ITEM # 41835 Councilman Branch referenced the Twenty-first Annual Oyster Roast of the Rescue Squad is Sunday, March 16, 1997. Councilman Branch has tickets. ITEM # 41836 Council Lady Henley referenced the article relative the Soccer Stadium, which indicates the City Council will be voting on same during the City Council Session of March 11, 1997. Council Lady Henley was concerned as there has not been public discussion and requested a public presentation on this issue. ITEM # 41837 Council Lady Parker referenced the issue of radio towers. Apparently there are alternatives and requested a Briefing be presented to City Council relative other available alternatives. The City Manager advised coordination with the Hampton Roads Planning District Commission to develop a model ordinance to be used throughout the area. ~4 T & T has requested a meeting next week with four more providers wishing to place these communication towers throughout the community. Virginia Beach has been the leader in the region in terms of urging consolidation of sites and attempting to minimize the number of sites. Motorola has a plan to launch 66 satellites, which may make all these tower obsolete. ~4ssistant City ~4ttorney Macali advised there is a review process with the Department of Planning concerning communication towers. There will be an ordinance before the Planning Commission on March 12, 1997, relative amending regulations pertaining to communication towers. In terms of co-location requirements, this will turn the regulations from strongly suggestive to mandatory. Council Lady McClanan advised some of the residential areas are not appropriate for the towers. Assistant City .4ttorney MacaH advised communication towers will not be installed without a Use Permit; therefore, City Council has complete control of that process. March 4, 1997 - 14 - ITEM # 41838 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, March 4, 1997, at 12:02 P.M. Council Members Present: John A. Baum, Linwood O. Branct~ III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. March 4, 1997 - 15 - ITEM tt 41839 Mayor Meyera E. Oberndo~ entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section Z1-344, Code of Virginia, as amended, for the following purpose: pUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). Acquisition of Property Sandbridge Beach Recreation Easements Site Selection Multi- Purpose Stadium LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Lake Gaston Water Supply Project Sandbridge Beach Recreation Easements Daniel M. Hoosack v. Sean R. Coerse Linda and Donald Chapman, etc. v. City of Virginia Beach Contractual Negotiations - Multi-Purpose Stadium Recycling Upon motion by Councilman Baum, seconded by Council Lady McClanan, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: ~Vone Council Members Absent: Vice Mayor William D. Sessoms, Jr. March 4, 1997 - 16 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 4, 1997 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 4, 1997, 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 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. [VACATION IN FLORIDA] INVOCATION: Ruth Hodges Smith, CMC/AAE City Clerk PLEDGE OF/tLLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 4, 1997 -17- CERTIFICATION OF EXECUTIVE SESSION ITEM # 41840 Upon motion by Councilman Heischober, seconded by Council Lady Parker, 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; 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: 8-0 Council Members Voting Aye: John A. Baum, William W.. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Yoting Nay: .l~one Council Members ~4bsent: Linwood O. Branch, III, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn March 4, 1997 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 41839, Page No. 15 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such 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 member's 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. Rufll H~h, CMC/AAE City Clerk March 4, 1997 Item V-F. 1 MINUTES ITEM # 41841 Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 25, 199Z Voting: 8-0 Council Members Voting Aye: John ,4. Baum, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn March 4, 1997 - 19 - Item V-G. AGENDA FOR FORMAL SESSION ITEM # 41842 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council APPROF'ED BY CONSENT in ONE MOTION Item 2 and 3. Voting: 9-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Vice Mayor William D. Sessoms, Jr. March 4, 1997 Item V-G.I. AGENDA FOR FORMAL SESSION ITEM # 41843 BY CONSENSUS, City Council SCHEDULED: FY 1997-1998 OPERATING BUDGET & CAPITAL IMPROI~r~M~ PROGRAM SCHEDULE EVENT DATE TIME PLACE SUBJECT Budget & CAP Pr#erttatk~ TueecMy. April 1 2,00 PM City Council Chamb~ Budget and CIP Co.cji Workd~g) ThumcJay. Alxil 3 3:00 PM - 8'00 PM City Milrmger'8 Ccmference Room Ecormn~ VItidlty/Cu#urad & Rec~e~tk3ud O~porlunlU~ Council Wodcehop Tue~y. Aprtl 8 IO'(X) AM - Noon C~ty Idm~O~8 Conferenc:~ Room Safe Comn~rdty/$tTengtherdng Coun~l Wodmhop Thunechiy, April 10 3'00 PM - 6'00 PM City Miumg~l Conferm~ce Room Budget and CIP Ccxa~l Wodcehop Tue~n¥, ApHI 15 10,00 AM - Noon City Mar~ge~e Conference Room Query Educatk~ (Schocd's BucJget) Puldk: Headng Thurecbay, April 17 ?,00 PM Pflr~'.__~ee__ Anne Fggh Schocd Budget and CIP Co~cff Wodcehop ThurecJW, Aixtl 24 3'00 PM - 6'00 PM Qty Mmmge~e Conference Room Budget ancJ CIP Coun(dl Wodcattop Tuem~¥, ApHI 29 3'00 PM - 6'00 PM City Meu~$ Conferertce Floom Quld~y PhyMc~ ErnAronment/AJI Remldrdng Pubik: Homing Tueec~y, Miry 6 200 PM City Council ~ Budget &'icj Reoancilation Wcxk~lx~p Tu®ectay, May 6 Following Council City Manager'e Conference Room Council Fundng Adofll Budget & QP Tueeclay. May 13 2'00 PM City Council Chamber B~clge! anti CIP March 4, 1997 - 21 - Item V-G.2. AGENDA FOR FORMAL SESSION ITEM # 41844 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council APPROVED: Request of WILMER H. A YGARN for a free-standing mobile home in the Agricultural District at 2264 Stowe Road (PUNGO BOROUGH). P'oting: 9-0 (By ConsenO Council Members Voting ,4ye: John ,4. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: ~¥one Council Members ,4bsent: Linwood O. Branch, III and Vice Mayor William D. Sessoms, Jr. March 4, 1997 Item V-G.3. AGENDA FOR FORMAL SESSION ~EM # 41845 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council APPROVED: Ordinances authorizing License Refunds in the amount of $2,201.95. upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Louisa M. Strayhorn Council Members Voting Nay: ~Vone Council Members Absent: Linwood O. Brancl~ III and Vice Mayor William D. Sessoms, Jr. March 4, 1997 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 NAM E LI C E NS E DATE BAS E YEAR PAID PENALTY INTEREST TOTAL Ong~nal Canbbean Cookie Co (The) 515 Central Dnve V~rg~n~a Beach VA 23454 1996 05-06-96 300 00 Sandoval, Steven E 716 Jenco Road V~rg~n~a Beach VA 23455 1994-95 Audit 13 20 Turner, In¢ C/O Lawrence Turner 804 124th Street SW #D Everett WA 98204 1996 Audit 66 27 300 00 13 2O 66 27 Th~s ordinance shall be effecbve from date of adoption The above abatement(s) totahng $379.47 of the C~ty of V~rg~n~a Beach on the Fourth Certified as to Payment .,';_.~r~ert P Vau~han f'- Commmmoner of theRevenue Approved as to form C~ty Attorney - were approved by the Council day of March ,19 97 Ruth Hodges Smith C~ty 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 YEAR PAID PENALTY INTEREST TOTAL Meredith, John P O Box 5608 V~rg~ma Beach VA 23455 Murphy & Company, PC One Columbus Center 1001 V~rgm~a Beach VA 23462 Newbdl, M~chael B 3755 Oyster Point Quay V~rgm~a Beach VA 23452 1997 Audit 560 24 1996 AudIt 1,106 96 1995-96 Audit 55 28 56O 24 1,106 96 55 28 Th~s ord,nance shall be effective from date of adoption. The above abatement(s) totaling $1,722.48 ofthe C~tyofV~rgm~a Beachonthe Fourth Certified as to Payment '~rt P Vaughan ~ Commissioner of the Revenue Approved as to form ~sl~'e L L'~ City Attorney were approved by the Council day of March ,19 97 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 BF_.ACH, VIRGINIA That the following applications for license refunds, upon certification of the Commismoner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Atk~nson, Ronald L P O Box 64356 V~rg~n~a Beach VA 23467 Cooke, Bobby V 16 Faye Dnve Smithfield, VA 23430-1619 G~bson, Stanley W 993 Boughton Way V~rgm~a Beach VA 23456 1993-96 Audtt 1997 01-28-97 1995 05-15-95 30 00 40 00 3O O0 3O O0 4O 00 30 O0 Thru ordinance shall be effective from date of adoption The above abatement(s) totahng $100 00 of the C~ty of V~rg~n~a Beach on the Fourth Cerbfied as to Payment rt P Vaugha~- J Commissioner of the Revenue Approved as to form Leshe L ~.illey ~ City Attorney were approved by the Councd day of March ,1997 Ruth Hodges Smith C~ty Clerk - 23 - Item V-I.I. NEW BUSINESS ITEM # 41846 Council Lady Parker read her letter of apology into the record: "Mayor, Members of Council and the General Public: There is an article in the paper today concerning the soccer stadium, which will cause many people great pain, and I am the cause of it. I want to bring it to the forefront so that my comments are not seen as a part of the Council as a body. First, but least, is the fact that I was said to have talked to various groups concerning the stadium and their reactions were negative. That is absolutely not true. I have not been able to talk with any groups as most of Council's conversations have been in executive session. The reporter crossed the facts concerning the Rhino Stadium with the Soccer Stadium, in the interview we had. But most importantly is the quote that is attributed to me when I reported people's response to the Rhino issue... "They looked at me as if I were deaf, dumb and blind". I was horrified to think I had made that comment. I can only apologize for the use of a very old slang expression, which is very politically incorrect and very insensitive. As an elected public official, I must be more diligent in my conversations and thoughts as I represent people from all backgrounds. Ites~c~lly, Nancy Parker" March 4, 1997 - 24 - ITEM # 41847 Mayor Meyera E. Oberndoff, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section Z1-344, Code of Virginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). Acquisition of Property Sandbridge Beach Recreation Easements LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To- Wit: Lake Gaston Water Supply Project Sandbridge Beach Recreation Easements Daniel M. Hoosack v. Sean P~ Coerse Linda and Donald Chapman, etc. v. City of Virginia Beach Contractual Negotiations - Multi-Purpose Stadium Recycling Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION (2:25 P34.) Voting: 9-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Vice Mayor William D. Sessoms, Jr. March 4, 1997 ITEM # 41848 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the I~IRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, March 4, 1997, at 5:10 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Louisa M. Strayhorn Council Members Absent: William W. Harrison, Jr., Harold Heischober and Vice Mayor William D. Sessoms, Jr. March 4, 1997 - 26 - CERTIFICATION OF EXECUTIVE SESSION ITEM # 41849 Upon motion by Councilman Baton, seconded by Council Lady Strayhorn, 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: 8-0 Council Members Voting `4ye: John ,4. Baum, Linwood O. Branch, III, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Louisa M. Strayhorn Council Members Voting Nay: ~Vone Council Members `4bsent: William gE. Harrison, Jr., Harold Heischober and Vice Mayor William D. Sessoms, Jr. March 4, 1997 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affn'mative vote recorded in ITEM # 41847 Page No. 24 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 thc 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 member's 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, Co) 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. Ra-Cn Hodges Smith, CMC/AAE City Clerk March 4, 1997 - 27 - Item V-P. ADJOURNMENT ITEM tt 41850 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:12 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 4, 1997