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JULY 7, 1992 MINUTES "WORLD'S LARGEST RESORT CITY" C@ COUNCIL MAYOR MEYERA E. OBERNDORF, At-LaAge VICE-MAYOR WILLTA9 D. SESSOMS, JR.,At-LaAge JOHN A. BAUM, Stackwate4 904ough LINWOOV 0. BKANCH III, V.ZlLginii Beach gollough JAMES (V. BRAZIER, JR., Lynnhaven go& CLYBURN, Kemp4vitte Boaougough ROBERT W. h ROBERT' K. DEAN, Paineea4 Anne Boaough LOUIS R. JONES, Say4ide Sotough PAUL J. LANTEIGNE, Pungo BoLough JOHN D. MOSS, At-La)tge NANCY K. PARKER, At-Ldtge ]"ES K. S@@, C.,, M@-@ 2$i Cl@ HAU BUIMIN(; USLIE L U@Y. Cil, All@, CITY COUNCIL AGENDA MUNICIPAL CENTER RVTH HO@ES SMITH, CMCI ME, CI, C@, VIRGINIA MACH. VI@JNIA 23,M.W5 OSRI 427 4A3 July 7, 1992 ITEM 1. INFORMAL SESSION - Council Chaniber - 1:00 PM A- CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM 11. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Edward A. McLeod Kings Grant 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 - June 23, 1992 2. SPECIAL FORMAL SESSION - July 1, 1992 G. MAYOR'S PRESENTATIONS 1. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING GOVERNMENT FINANCE OFFICERS ASSOCIATION Robert M. Hayes, Comptroller 2. RESOLUTION IN RECOGNITION Timothy E. Barrow H. CONSENT AGENDA All matters I 1 sted under the Consent Agenda are cons I dared in the ordinary course of business by City Counci I and wi I I be enacted by one motion in the form listed. It an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia: a. Section 6-122.2 re consent to blood or breath test. b. Section 35-50 re roll-back taxes. 2. Ordinances to ACCEPT and APPROPRIATE: a. $100,000 Federal Emergency Management Grant and TRANSFER $100,000 matching funds from the State Fire Programs Fund to the Fire Department's FY 1992-1993 Operating Budget re purchase of equipment required to standardize the Tidewater Regional Trench and Collapse Team Operations; and, increase estimated revenues from the Federal Government by $100,000. b. $138,125 from the State Department of Mental Health, Mental Retardation, and Substance Abuse Services to the Department of Mental Health, Mental Retardation, and Substance Abuse Services FY 1992-1993 Operating Budget re Eastern State Hospital Client Census Management Project; and, increase estimated revenues from the Commonwealth by corresponding amount. c. $11,050 from the State Department of Criminal Justice Services to the Department of Juvenile Probation re computer network to provide real-time information on the status of detention orders Issued for juveniles; and, increase estimated revenues from the Commonwealth by corresponding amount. 3. Authorize the City Manager to execute a Cost-Participation Agreement with Virginia Department of Transportation re Landstown Road (CIP 2-037). The City's cost-share will be $374,393-19. 4. Ordinance authorizing tax refunds in the amount of $1,084.44. 5. Ordinances authorizing license refunds in the amount of $3,839.23. 1. RESOLUTIONS 1. Resolutions authorizing the City Manager to enter into Agreements with Riverwalk Corporation re Ocean Park Drainage (BAYSIDE BOROUGH) for development and construction of: a. regional storm water drainage system and storm water management facility. b. public boat-launching facility, related recreational facility and amenities. J. PUBLIC HEARING 1. PLANNING BY CONSENT a. Application of ARDELLE C. GRIMES to authorize a replacement of a nonconforming use (reconstruction of a single-family home in the A-12 Apartment District) at 325 North Birdneck Road, containing 6522 square feet (LYNNHAVEN BOROUGH). Staff Recommendation: APPROVAL b. Appi ication of H.A.V., INC., James Arnhold, President, for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires al I lots created by subdivision meet a] I requirements of the City Zoning Ordinance at the Northwest intersection of Northampton Boulevard and Jack Frost Road (BAYSIDE BOROUGH). Recommendation: APPROVAL c. Applications of BERNARD ARTHUR WALKER and 1984 BERNARD A. WALKER FAMILY TRUST re property in the AG-1 and AG-2 Agricultural Districts on the South side of Indian River Road, 2028.32 feet West of West Neck Road, containing 22.17 acres (PRINCESS ANNE BOROUGH): 1. Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision must meet all requirements of the City Zoning Ordinance. 2. Conditional Use Permit for single-family homes. Recommendation: APPROVE BOTH APPLICATIONS d. Appi !cation of CHARLES W. LEWIS, JR. and A. E. WERNER for a Conditional Use Permit for a single-fami ly dwel I ing in the AG-2 Agricultural District on the West side of Blackwater Road, 2300 feet more or less South of Old Carolina Road (4933 Blackwater Road), containing 3.04 acres (BLACKWATER BOROUGH). Recommendation: APPROVAL e. Application of KEMPSVILLE CONSERVATIVE SYNAGOGUE, KEHILLAT BET HAMIDRASH for a Conditional Use Permit for a church (amendment) at the Northeast terminus of Indian -Lakes Boulevard (952 Indian Lakes Boulevard), containing 3.682 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL f. App I I cat I on of K I M NOLTE for a Cond I t I one I Use Permi t f or a chool at the Southwest intersection of North Great Neck Road and Rose Hall Drive (2225 Rose Hall Drive), containing 5.9 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL g. Application of J. HARRY and KATHERYN H. MOTE for a Conditional Use Permit for a single-family dwellinq and a barn f r boarding hories-in the AG-T and AG-2 Agricultural Districts on the South side of Indian River Road, 1088 feet West of Princess Anne Road, containing 16.5 acres (PUNGO BOROUGH). Recommendation: APPROVAL h - Appl ication of JUNE KAY FREEMAN for a Conditional Use Permit for two (2) single-fami ly dwel I ings in the AG-2 Agricultural District at the Northeast corner of Indian River Road and North Muddy Creek Road, containing 56.66 acres (PUNGO BOROUGH). Recommendation: APPROVAL I. App I I cat I on of DAV I D and MARC I A SALMONS f or a Cond I t I one I Use Permi t f or a s I ng I e-f ami I y dwe I I I ng I n the AG-2 Agr I cu I tu ra I District on the East side of Princess Anne Road, 350 feet more or less North of Poacher Court, containing 3 acres (PUNGO BOROUGH). Recommendation: APPROVAL j. Application of JEFFREY D. SALMONS for a Conditional Use Permit for a single-family dwel ling in the AG-f Ag-r-icultural District on the West side of Princess Anne Road, 950 feet more or less South of Blossom Hill Court, containing 2.1 acres (PUNGO BOROUGH). Recommendation: APPROVAL k. Application of LINDA CHAPPEL for a Conditional Use Permit for a recreational facility of an outdoor nature (golf driving range and accessory uses) in the AG-2 Agricultural District on the South side of London Bridge Road, 980 feet more or less West of Swamp Road (1549 London Bridge Road), containing 17.68 acres more or less (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 1. Application of GAYLE R. and JACQUELINE ROUNTREE for a Conditional Use Permit for an animal hospital in the AG-1 and AG-2 Agricultural Districts 800 feet more or less South of Seaboard Road beginning at a point 2640 feet more or less West of Princess Anne Road (2997 Seaboard Road), containing 60 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL m. Petition of THE RUNNYMEDE CORPORATION for the discontinuance, closure and abandonment of a portion of Walnut Street beginning at the Northern boundary of South Boulevard and running in a Northerly direction a distance of 40 feet more or less, containing 2,901 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 2. PLANNING a. Application of ALOT CORPORATION for a Variance to Section 5.6(a) of the Subdivision Ordinance which requires sidewalks to be constructed on both sides of an arterial or collector street on Huckleberry Trail and Lillipond Lane (PRINCESS ANNE BOROUGH). Recommendation: DENIAL K. APPOINTMENTS ARTS AND HUMANITIES COMMISSION CLEAN COMMUNITY COMMISSION DEVELOPMENT AUTHORITY HAMPTON ROADS PLANNING DISTRICT COMMISSION HUMAN RIGHTS COMMISSION - Resignation MILITARY LIAISON COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TIDEWATER TRANSPORTATION DISTRICT COMMISSION WETLANDS BOARD L. UNFINISHED BUSINESS 1. REAPPORTIONMENT - Discussion of five issues 2. Proposed Charter Amendment Direct Election of SCHOOL BOARDS - Discussion M. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Ordinance to AMEND and REORDAIN Sections 5-31 through 5-33 of the Code of the City of Virginia Beach, Virginia, re bird sanctuaries. (Sponsored by Councilwoman Nancy K. Parker) b. Reimbursement of In-City Expenditures incurred by City Council - Discussion (Sponsored by Councilman John D. Moss) N. ADJOURNMENT CITY COUNCIL RECESS JULY 15 31, 1992 7/l/92 mim/lbs M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 7, 1992 Mayor Meyers E. Oberndorf called to order the INF'ORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, July 7, 1992, at 1:00 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None - 2 - ITEM # 35797 Mayor Meyers E. Oberndorf 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 purposes: 1. S: Discussion or consideration of or interviews of prospective ca ates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Arts and Humanities Commission Clean Community Commission Development Authority Francis Land House Board of Governors Greenways, Trails and Bikeways Committee Hampton Roads Planning District Commission Human Rights Commission Military Liaison Commission Parks and Recreation Commission Public Library Board Social Services Board Sports Authority of Hampton Roads Tidewater Transportation District Commission Tidewater VASAP Policy Board Wetlands Board 2. 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: Specific Legal Advice - Proposed Adult Use Ordinances Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyers E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 3 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL July 7, 1992 2:00 P.M. Mayor Meyers E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, July 7, 1992, at 2:00 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyers E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Pastor Emeritus Edward A. McLeod Kings Grant Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 4 Item II-E.l. CERTIFICATION OF EXECUTIVE SESSION ITEM 35798 Upon motion by Councilwoman Parker, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. lttot on 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 ITF14 # 35797, Page No. 2, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 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 certi;ies 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. R,6th Hodges @mith, CMC/AAE City Clerk July 7, 1992 Item 11-F.l. MINUTES ITEM 35799 Upon motion by Counci lwoman Parker, seconded by Councilman Clyburn, City Counci I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 23, 1992. Voting: 7-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Paul J. Lanteigne, Mayor Mpyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. S(-,Ssom Council Members Voting Nay: None Council Members Abstaining: Linwood 0. Branch, I I I , Robert K. Dean, Lou i s R. Jones and John D. Moss Council Members Absent: None Counc I I man Jones ABSTA I NED as he was not i n attendance dur i ng the C i ty Counc i I Session of June 23, 1992. Counc i I Members Branch, Dean and Moss ABSTA I NED as they were not of f i c i a I I y Members of City Council during the City Council Session of June 23, 1992. 6 Item 11-F.2. MINUTES ITEM # 35800 Upon motion by Counci lwoman Parker, seconded by Vice Mayor Sessoms, City Council APPROVED the Minutes of the SPECIAL FORMAL SESSION of July 1, 1992. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 7 Item 11-G.l. MAYORIS PRESENTATIONS ITEM # 35801 CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Mayor Oberndorf PRESENTED to Robert M. Hayes, Interim Director of Finance during this financial reporting period: CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FISCAL YEAR ENDED JUNE 30, 1991 GOVERNMENT FINANCE OFFICERS ASSOCIATION Patricia Phil lips, Director of Finance and Donald Barnett, Deputy Comptrol ler, were in attendance. This Certification of Achievement is the highest form of recognition in governmental accounting and financial reporting. Its attainment represents a significant accompl ishment by a government and its management. The City has received this award for thirteen of the last fourteen years. 8 Item II-G.2. MAYOR'S PRESENTATIONS ITEM 35802 RESOLUTION IN RECOGNITION Mayor Oberndorf presented a RESOLUTION IN RECOGNITION to: TIMOTHY E. BARROW The Resolution recognized Timothy E. Barrow's most significant achievements for the outstanding Chairmanship of the Resort Area Advisory Commission, Director of the Comprehensive Planning Division of the Virginia Beach Planning Department, Co-founder and President of Tim Barrow & Associates, Member of the American Institute of Certified Planners, Member of the American Society of Planning Officials, as well as Tau Sigma Delta, the National Honor Society of Architecture and the Fine Arts, Member of the State Air Pollution Control Board, former Chair of the Committee of the Tidewater Regional Health Planning Council, State Chairman of Common Cause of Virginia and a Member of the Steering Committee of Virginia Beach Tomorrow. Mr. Barrow is a long-standing member of the Rotary Club of Cape Henry and a 31-year member of the Lynnhaven Colony Congregational Church of Virginia Beach. Mayor Oberndorf advised Timothy E. Barrow was unable to attend the City Council Session of June 23, 1992. Therefore, all Members of the previous City Council had signed and expressed their gratitude for Tim's services. Mr. Barrow expressed his appreciation to Members of City Council for support given to the revitalization of the Resort Area. Mr. Barrow recognized the Members of the Resort Area Advisory Commission who have devoted thousands of hours to the City and the former Resort Programs Office for their devotion in implementing the program envisioned by the RAAC. 9 Item II-G.3. MAYOR'S PRESENTATIONS ITEM # 35803 PROCLAMATION ADD-ON Mayor Oberndorf PROCLAIMED: JULY 7, 1992 M U N I C I P A L C A B L E N E T W 0 R K 29 APPRECIATION DAY The PROCLAMATION recognized Linda M. Roe's expert and enthusiastic coordination of MCN 29 since 1987. MCN 29 and VBS 29 were consolidated on July 1, 1982, to form VBTV, thus ending an eventful era in municipal cable television in the City of Virginia Beach. Under Linda's leadership, the MCN 29 television production team has served the City of Virignia Beach well, bringing quality, award-wining informational television into the homes of its citizens. Together, Linda Roe and the MCN staff produced quality portrayals of the City and its employees, a contribution that will be felt for many years to come. The PROCLAMATION called upon all citizens to recognize with great appreciation, Linda Roe and her MCN 29 staff: Matt Cernigliaro, Stan Wadowski, Bill Casey and Bea Treece, for their standards of excellence in the television production they have provided the City. Linda M. Roe, Co-ordinator - MCN 29, ACCEPTED the PROCLAMATION. Linda expressed appreciation for the support during the last five years from the Office of Public Information, a dynamic team of professionals. The Joint Cable Center staff has also been extremely important in MCN 29's success. ijrorltttntttiatt : Since 1987, I:inda M. Rue has expertlu and enthusiastically coordinated the Citg of Virginia Beach's Municipal Cable Network, MCK 29; : MCN 29 and I)B$ 29 were consolidated an Jul?3 1, 1992, to farm VBCI), thus ending an eventful era in amnicipal cable television In the Citg at Virginia Beach; : Under the leadership and coordination at finda M. Roe, the MCN 29 television production team has served the Cibg of Virginia Beach well, bringing qualitg, award-winninia informational television Into the homes of its citizens; : CinAa Axie's career, marked bg vision, creativitg, initiative, and int!egritg, has earned her the respect of her peers, government officials, and a hast at area residents, representing all ages and walks of life; : (;Inaa Rue has demonstrated professionalism and dedication to high st!aaards in teleutsinn production bg prnuiaing a better understanding of the growth and progress of our tmmmnitm through her MCK 29 special features; : together, Cinba Rue and the MCN staff produced qualit!g partragals at our Citu and its emplagees, a contribution that will be felt for mang Bears to cam ; : the MCK 29 staff displaced creativitg, talent, team spirit, perseverance, commitment, and qualitm service to our Cttg and this cmmunitg; and, z through vnras and picture, MCK 29 has significantlg enhanced the image of this Citg and its cmmnnitg. NO, 1, Magera E. Oberndorf, Mager of the Citg of Virginia Beach, Virginia, An herebg PMUM: i n c 7 , I 9 9 2 lk B N I C I P A L C A 0 C E N E t 9 0 A X 2 9 APPRECXACXON DAM and call upon all citizens to recognize, with great appreciation, i;in6a Rae and her MCN 29 staef: Matt Cernigliars, Stan I)advmski, Bill Caseg, and Bea treece, for their standards sE excellence in the television productions them haut provided our Cit!g. IN KtWs , I have hereunto set! ml3 hand and caused the Official $eal of the Citu of Virginia Beach, Virginia, to be affixed this Seventh aag of Julg, Nineteen Hundred and Minetl;-Cwa. e gera F. Obern6nrf Mager - 10 - Item II-H. CONSENT AGENDA ITEM # 35804 Upon motion by Vice Mayor Sessoms, seconded by Councilman Lanteigne, City Council APPROVED in ONE MOTION Items 1, 2 a/c, 3, 4, and 5 of the CONSENT AGENDA. Item 2.b. was pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: John A. Baum4@, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones*4@, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Councilman Baum voted a VERBAL NAY on Item H.l.b. (roll-back taxes). 4@*Councilman Jones ABSTAINED on Item H.3. as he is the owner of property affected by this transaction. Item II-H.I.a. CONSENT AGENDA ITEM # 35805 Upon motion by Vice Mayor Sessoms, seconded by Councilman Lanteigne, City Council ADOPTED: Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia: Section 6-122.2 re consent to blood or breath test. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyers E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 6-122.2 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 BEACHES, BOATS AND WATERWAYS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 6-122.2 of the Code of the City of Virginia 9 Beach, Virginia, is hereby amended and reordained to read as 10 follows: 11 Section 6-122.2. Consent to blood or breath test. 12 (a) Any person who operates a watercraft or motorboat which 13 is underway upon waters of the commonwealth shall be deemed 14 thereby, as a condition of such operation, to have consented to 15 have samples of his blood or breath or both blood and breath taken 16 for a chemical test to determine the alcohol or drug or both 17 alcohol and drug content of his blood, if such person is arrested 18 for operating a watercraft or motorboat which is underway in 19 violation of subsection (a) of section 6-122, within two (2) hours 20 of the alleged offense. Any person so arrested shall elect to have 21 either the blood or breath sample taken, but not both. If either 22 the blood test or the breath test is not available then the 23 available test shall be taken. However, it shall not be a matter 24 of defense if the blood test or the breath test is not available. 25 In addition, if the accused elects a breath test, he shall be 26 entitled, upon request, to observe the process of analysis and to 27 see the blood-alcohol reading on the equipment used to perform the 28 breath test. If such equipment automatically produces a written 29 printout of the breath test result, this written printout, or a 30 copy thereof, shall be given to the accused in each case. 31 (b) If a person, after being arrested for a violation of 32 subsection (a) of section 6-122 and after having been advised by 33 the arresting officer that a person who operates a watercraft or 34 motorboat which is underway upon the waters of the commonwealth 35 shall be deemed thereby, as a condition of such operation, to have 36 consented to have a sample of his blood or breath taken f or a 37 chemical test to determine the alcohol or drug content of his 38 blood, and that the reasonable refusal to do so constitutes grounds 39 for a court to order him not to operate a watercraft or motorboat 40 which is underway upon the waters of the commonwealth, then refuses 41 to permit the taking of a sample of his blood or breath for such 42 tests, the arresting officer shall take the person arrested before 43 a committing magistrate. If he again so refuses after having been 44 further advised by such magistrate of law requiring a blood or 45 breath test to be taken and the penalty for refusal, and so 46 declares again his refusal in writing upon a form provided by the 47 Supreme Court of Virginia, or refuses or fails to so declare in 48 writing and such fact is certified as prescribed in subseetien (p)- 49 ef section 18.2-268.3 of the Code of Virginia, then no blood or 50 breath sample shall be taken even though he may thereafter request 51 same. 52 (c) When any person is arrested for operating a watercraft or 53 motorboat which is underway in violation of subsection (a) of 54 section 6-122, the procedures and requirements of subseetiens @ 55 and (f) threaejh (s) @ section 18.2-268.1 through section 56 18.2-268.11 of the Code of Virginia shall apply, mutatis mutandis, 57 to this section. 58 (d) If the court or jury finds the defendant guilty of 59 unreasonably refusing to permit a blood or breath sample to be 60 taken, the court shall order such person not to operate a 61 watercraft or motorboat which is underway for a period of twelve 62 (12) months for a first offense and for twenty-four (24) months for 63 a second or subsequent offense of refusal within five (5) years of 64 the first or other such refusal. However, if the defendant pleads 65 guilty to a violation of subsection (a) of section 6-122, the court 66 may dismiss the refusal warrant. 67 Adopted by the Council of the City of Virginia Beach, Virginia 68 on the 7th day of July 1992. 69 CA-4739 70 \ORDIN\PROPOSED\06-122-2.PRO 71 R-1 2 - 12 - Item II-H.I.b. CONSENT AGENDA ITEM # 35806 Upon motion by Vice Mayor Sessoms, seconded by Councilman Lanteigne, City Council ADOPTED: Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia: Section 35-50 re roll-back taxes. Voting: 10-1 Council Members Voting Aye: Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyers E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum* Council Members Absent: None *Verbal Nay 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 35-50 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 ROLL-BACK TAXES. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 35-50 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 35-50. Roll-back tax when use changes to nonqualifying 11 use or when property is rezoned. 12 There is hereby imposed a roll-back tax, in such amount as may 13 be determined under section 58.!769.3:0 58.1-3237 of the Code of 14 Virginia upon any property as to which either the use changes to a 15 nonqualifying use under this division or for which a chancre in 16 zoning to a more intensive use at the request of the owner or his 17 agent occurs, plus simple interest on such roll-back taxes at the 18 same interest rate applicable to delinquent real estate taxes 19 pursuant to section 35-37 of this Code. The real estate assessor 20 shall determine and assess the roll-back tax of the owner of any 21 real estate liable for such tax, which shall be paid to the city 22 treasurer within thirty (30) days after the assessment. Failure of 23 the owner to pay such tax within thirty (30) days shall cause the 24 owner to be liable for an additional penalty of ten (10) percent of 25 the amount of the roll-back tax, which penalty shall be collected 26 as part of the tax. In addition to such penalty, there is hereby 27 imposed interest at the same interest rate applicable to delinquent 28 real estate taxes pursuant to section 35-37 of this Code on the 29 amount of roll-back tax for each month or fraction thereof during 30 which failure to pay continues. For property rezoned after July 1. 31 1988, but before July 1, 1992, no penalties or interest, except as 32 provided in subsection B of section 58.1-3237, shall be assessed, 3 3 Provided the said roll-back tax is paid on or before October 1, 34 1992. 35 Adopted by the Council of the City of Virginia Beach, Virginia 36 on the 7th day of July 1992. 37 CA-4743 38 \ORDIN\PROPOSED\35-050.PRO 39 R-1 VED/, TO. CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIEN@Y @ND FORM Nfy 2 - 13 - Item II-H.2.a/c. CONSENT AGENDA ITEM # 35807 Upon motion by Vice Mayor Sessoms, seconded by Councilman Lanteigne, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE: $100,000 Federal Emergency Management Grant and TRANSFER $100,000 matching funds from the State Fire Programs Fund to the Fire Department's FY 1992-1993 Operating Budget re purchase of equipment required to standardize the Tidewater Regional Trench and Collapse Team Operations; and, increase estimated revenues from the Federal Government by $100,000. A N D, $11,050 from the State Department of Criminal Justice Services to the Department of Juvenile Probation re computer network to provide real-time information on the status of detention orders issued for juveniles; and, increase estimated revenues from the Commonwealth by corresponding amount. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyers E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO ACCEPT AND APPROPRIATE A $100,000 FEDERAL EMERGENCY NANAGE@ GRANT AND TO TRANSFER TEE $100,000 MATCH FROM THE STATE FIRE PROGRAMS FUND TO PURCHASE EQUIP14ENT REQUIRED TO STA]IDARDIZE THE TIDEWATER REGIONAL TRENCH AND COLLAPSE TEAM OPERATIONS I WHEREAS, the Virginia Beach Fire Department operated in conjunction 2 with other cities the Tidewater Regional Trench and Collapse Team as a regional 3 resource; 4 WHEREAS, the Tidewater Regional Trench and Collapse Team was recently 5 selected by the Federal Emergency Management Agency (FEMA) as one of 25 Urban 6 Search and Rescue teams nationwide which could be called upon to respond during 7 national emergencies such as hurricanes, earthquakes, and tornados; 8 WHEREAS, as a part of this selection process the City was awarded a 9 $100,000 FEMA grant for the purpose of purchasing equipment identified by FEMA 10 as necessary to provide for standardization between the teams; 11 WHEREAS, the FEMA grant's required $100,000 match will be provided 12 through the funds received from the State Fire Programs Fund. 13 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, that the $100,000 grant from the Federal Emergency 15 Management Agency (FE14A) be accepted and appropriated in the FY 1992-93 Operating 16 Budget and that the required match of $100,000 be transferred from the State Fire 17 Programs Fund to provide equipment required to Btandardize@ the Tidewater 18 Regional Trench and Collapse Team and the other 24 National Urban Search and 19 Rescue Teams. 20 BE IT FURTHER ORDAINED, that estimated revenues from the Federal 21 Government be increased by $100,000. 22 Adopted by the City Council of the City of Virginia Beach, Virginia 23 on this day July 7 1992. 24 Appri ent 25 26 @DY' Block - 27 Dept. of Management and Budget 28 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $11,050 FROM THE STATE DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES FOR A COMPUTER NETWORK TO 4 PROVIDE REAL-TIME INFORMATION ON THE STATUS 5 OF DETENTION ORDERS ISSUED FOR JUVENILES 6 WHEREAS, the Department of Juvenile Probation is responsible for providing 7 support services for the Juvenile and Domestic Relations District Court; 8 WHEREAS, the Court has never had a method to provide real-time information 9 on the status of detention orders issued for juveniles who either fail to appear 10 in court or fail to obey court orders to pay fines and restitution; 11 WHEREAS, the computer network will identify to the police the names of 12 juveniles who have outstanding arrest orders issued by the Juvenile Court or 13 Juvenile Intake; 14 WHEREAS, no additional city match is required. 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH VIRGINIA, that funding in the amount of $11,050 be accepted and 17 appropriated to the Department of Juvenile Probation to set up a detention order 18 computer network. 19 BE IT FURTHER ORDAINED that appropriations be offset by an $11,050 increase 20 in estimated revenue. 21 Adopted by the City Council of the City of Virginia Beach, Virginia, this 22 7th day of July -1 1992. 23 This ordinance shall be effective from the date of its adoption. APPR E! 1-5ean'fBlock DEPARTMENT OF MANAGEMENT AND BUDGET - 14 - Item II-H.2.b. CONSENT AGENDA ITEM # 35808 Brenda McCormick, 417 16th Street, Phone: 491-2887, represented Mother's Incorporated and spoke in behalf of the Mentally Retarded. The Eastern State Hospital is shutting down 100 beds for the Mentally ill. Homeless mentally ill are still on the streets. Volunteers of America was an expensive failure. Mrs. McCormick was in OPPOSITION to the appropriation. Michael Barrett, Member of the Community Services Board, advised the program proposed by the City Staff and studied by the Community Services Board will assist individuals who would not be able to enter Eastern State, to be retained in the Community and receive professional counseling services. Dr. Dennis I. Wool, Executive Director - Mental Health/Mental Retardation, advised ideas of Mrs. McCormick have been incorporated into this particular project. There will be six apartments during the course of the year. Depending upon the client's needs, services from the Substance Abuse Day Support and Mental Health Case Mangement programs would be made available. Additionally, clients would be provided medical management and vocational assessment. An additional component would be the creation of a flexible housing support account to help individuals pay rent, utilities, etc. The CSB views this program to be especially important in facilitating the discharge of individuals who could return to the community if these supports were available. These supports would be viewed as loans which clients would be expected to repay. Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $138,125 from the State Department of Mental Health, Mental Retardation, and Substance Abuse Services to the Department of Mental Health, Mental Retardation, and Substance Abuse Services FY 1992-1993 Operating Budget re Eastern State Hospital Client Census Management Project; and, increase estimated revenues from the Commonwealth by corresponding amount. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyers E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $138,125 FROM THE STATE DEPARTMENT OF 3 MENTAL HEALTH, MENTAL RETARDATION, AND 4 SUBSTANCE SERVICES FOR THE EASTERN STATE 5 HOSPITAL CLIENT CENSUS MANAGEMENT PROJECT 6 WHEREAS, the Community Services Board is responsible for coordinating 7 mental health, mental retardation, and substance abuse programs; 8 WHEREAS, the State Department of Mental Health, Mental Retardation, and 9 Substance Abuse Services has granted funding in the amount of $138,125 to the 10 Community Services Board for the Eastern State Hospital Client Census Management 11 Project; 12 WHEREAS, this regional project is designed to divert admissions and 13 facilitate discharges from Eastern State Hospital; 14 WHEREAS, the funding will increase the FY 1992-93 position total by 2 FTE's 15 and requires no additional city match. 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH VIRGINIA, that funding in the amount of $138,125 be accepted and 18 appropriated to the Department of Mental Health, Mental Retardation, and 19 Substance Abuse Services FY 1992-93 Operating Budget and that 2 FTE's be 20 established for the duration of the funding. 21 BE IT FURTHER ORDAINED that appropriations be offset by a $138,125 increase 22 in estimated revenue. 23 Adopted by the City Council of the City of Virginia Beach, Virginia, this 24 7th day of July 1 1992. 25 This ordinance shall be effective from the date of its adoption. APPROVED AS YO CO]ITENT E. DEAN BLOCK EPARTMENT OF MANAGEMENT AND BUDGET - 15 - Item II-H.3. CONSENT AGENDA ITEM # 35809 Upon motion by Vice Mayor Sessoms, seconded by Councilman Lanteigne, City Council: AMEORIZED the City Manager to execute a Cost- Participation Agreement with Virginia Department of Transportation re Landstown Road (CIP 2-037). The City's cost-share will be $374,393.19. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyers E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: None Councilman Jones ABSTAINED as he is the owner of property affected by this transaction. - 16 - Item 11-H.4. CONSENT AGENDA ITEM # 35810 Upon motion by Vice Mayor Sessoms, seconded by Counci Iman Lanteigne, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $1,084.44 upon appl !cation of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FORM No. C.A. 7 6/9/92 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Year of Tax Number tion No, paid Clarence & Rosie Lee Harris 90 RE@1/2@ 47169-9 12/9/91 97.25 Clarence & Rosie Lee Harris 89 RE 112 46397-8 16/15/90 93.68 Clarence & Rosie Lee Harris 89 RE(2/2) 46397-8 9/12/91 92.69 Mill Creek Associates 89 RE(2/2) 74055-3 5/2/89 224.19 Croshaw Siegel eta] 89 RE(1/2) 74055-3 4/8/92 182.63 Suncoast Savings & Loan 91 RE(1/2) 85428-5 11/26/90 17.77 Suncoast Savings & Loan 91 RE(2/2) 85428-5 5/20/91 17.77 Nationsbanc Mortgage Corp 89 RE(1/2) 71375-2 11/30/88 18.87 Nationsbanc Mortgage Corp 89 RE(2/2) 71375-2 5/12/89 18.87 Nationsbanc Mortgage Corp 90 RE(1/2) 72543-4 12/5/89 20.95 Nationsbanc Mortgage Corp 90 RE(2/2) 72543-4 5/31/90 20.95 Nationsbanc Mortgage Corp 91 RE(1/2) 73768-9 11/26/90 22.13 Nationsbanc Mortgage Corp 91 RE(2/2) 73768-9 6/5/91 22.13 Resort Satellite Comm Inc 92 RE(1/2) 95424-7 11/22/91 54.50 First Union Mortgage Corp 92 RE(1/2) 9730-7 11/26/91 55.33 First Union Mortgage Corp 92 RE(112) 91-9 11/26/91 4.09 Edward B. & Doreen Johnson 92 RE(1/2) 45596-4 12/31/91 100.64 Ronald Muckle N/A Pkng 311394 5/5/92 10.00 Constantine T. Paloukos N/A Pkng 343384 5/21/92 10.00 Total 1,084.44 This ordinance shall be effective from date of adoption. The above abateitient(s) totaling $1,084.44 were approved by the Council of the City of Virginia Beach on the@t day of ulY, 199@ Approved as to form: Ruth Hodges Smith City Clerk @L. Lilley, City Attorney 1 7 Item 11-H.5. CONSENT AGENDA ITEM 35811 Upon motion by Vice Mayor Sessom, seconded by Counci Iman Lanteigne, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $3,839.23 upon appl ication of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood D. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn ' Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FOAM NO. C.& 8 REV. 3M 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 Year Paid Base Penalty Int. Total Tynes, Ann W. 1988-90 Audit 30.00 30.00 T/A J C H Enterprises 747 Biltmore Drive Virginia Beach, VA 23454 Tynes, Catherine & Kelly miltier T/A Upbeat Publications 1990-91 Audit 84.00 84.00 747 Biltmore Drive Virginia Beach, VA 23454 Walters, Charles R., President Classic Limousine service Inc. 337 Bethune Drive 1989-92 Audit 40.55 40.55 Virginia Beach, VA 23452 Certified as to Payment: Approved as to form: This ordinance shall be effective from date of City Attorney adoption. The above abatement(s) totaling .55 were approved by the Council of the City of Virginia Beach on the 7th day of July 92 19 NUTN Hodges Smith City Clerk FORM NO. C.k a REV. 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Withrow, Thomas, President J. E. Withrow & Sons, Inc. 940 Pink Star Court 1990 Audit 123.98 123.98 Virginia Beach, VA 23454 Wynn, Calvin L. & Patricia A. T/A Image Cleaning concepts 2164 Rosewell Drive 1989-91 Audit 30.00 30.00 Virginia Beach, VA 23454 Certified as to Payment: ommissioner of the Approved as to form: This ordinance shall be effective from date of adoption. The above abatements totaling were approved by the Council 7th July 92 of the City of Virginia Beach on the day of 19 - Ruth Hodges Smith City Clerk FORM NO. C.& 6 REV. "S 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 Year Paid Base Penalty lnt. Total Thrush, William R. 1990-92 Audit 144.00 T/A Beach Exporters Ltd. 144.00 648 Rivers Reach Virginia Beach, VA 23452 Tokyo Teriyaki, Inc. 1991-92 Audit 50.00 50.00 T/A Seoul Restaurant 309 Aragona Blvd., #118 Virginia Beach, VA 23462 Tudor, Charles R. & K. Hanan T/A Tudor Kahwagi Productions Living Legacies 1990-92 Audit 24.00 24.00 808 Live Oak Drive Chesapeake, VA 23320 Certified as to Payment: Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 218. 00 were approved by the Council of the City of Virginia Beach on the 7th day of July 19 92 Ruth Hodges Smith City Clerk MAM NO C.k 8 REV. "6 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 Year Paid Base Penalty lnt. Total Smith, Herbert L., IV 1989-90 Audit 30.00 30.00 T/A consumer Information Bureau Smith Financial service 423 marsh Duck Way Virginia Beach, VA 23451 Smith, Howard 1. 1990-91 Audit 233.39 233.39 10425 Falconbridge Drive Richmond, VA 23233 Storeide, Arthur j. 1990-92 Audit 13.67 13.67 T/A Computer Software consultants 1036 wait Whitman Virginia Beach, VA 23455 Certified as to Payment: Approved as to form: This ordinance shall be effective from date of adoption. The above abatements totaling $ 277 - 06 were approved by the Council of the City of Virginia Beach on the 7th day of July 92 19 uth Hodges Smith City Clerk FORM NO. c.& a REV. aU 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 Year Paid Base Penalty lnt. Total Lawrence, Marilyn J. 1992 5/4/92 30.00 30.00 6037 Clearspring Road Virginia Beach, VA 23464 Marketing Applications Inc. T/A Baby Furniture Plus 1991 Audit 235.52 235.52 2932 Buccaneer Road Virginia Beach, VA 23451 Quality Engineering Co. Inc. 904 Corporate Lane 1990-91 Audit 1,722.49 1,722.49 Chesapeake, VA 23320 Certified as to Payment: Cc avenue Approved as to form: This ordinance shall be effective from date of City Attorney adoption. The above abatement(s) totaling 8.01 were approved by the Council 7 July 92 of the City of Virginia Beach on the day of 19 uth Hodges Smith City Clerk @M NO. C.& 8 REV. 3M 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 Year Paid Base Penalty Int. Total Adelman, Harry 1990-92 Audit 18.02 18.02 T/A Bayside Enterprises 2124 Woodlawn Avenue Virginia Beach, VA 23455 CLT Enterprises Ltd. 1989-91 Audit 148.63 148.63 T/A Art Images 500 Winston Salem Ave., #511 Virginia Beach, VA 23451 Disadvantaged Workers of America P.O. Box 60218 1991-92 Audit 880.98 880.98 Nashville, TN 37206 Certified as to Payment: e Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1, 047 63 were approved by the Council of the City of Virginia Beach on the7day of July 19 92 uth Hodges Smith City Clerk - 18 - Item II-Ila./b RESOLUTIONS ITEM # 35812 Judith Connors, 3958 Whispering Oaks Place, Phone: 464-3640, Vice President - Ocean Park Civic League. Mrs. Connors read into the record the comments of Diane McLemore, President of the Ocean Park Civic League. Mrs. McLemore requested the material resulting from routine maintenance dredging of Pleasure House Creek be placed on the public beach at Ocean Park. The Civic League was in SUPPORT of the Resolutions. Mrs. Connors referenced Church Point bordering Pleasure House on the Lynnhaven and the graveyard. Mrs. Connors referenced the historical significance and hoped same would be considered before dredging in this area. Richard Welton, 936 Windsor Road, Phone: 428-4663, Past President of Atlantic Coast Conservation Association. Mr. Welton spoke in SUPPORT of the Resolutions. Additional public boat-launching facilities are needed. Charles M. Ballou, 3637 E. Stratford Road, Phone: 460-6006, member of Ocean Park, spoke in OPPOSITION. Mr. Ballou advised the proposed drainage system is an open system in that it is connected with Pleasure House Creek in the ditches under the proposal. Because of the tidal waters backup through the existing drainage system during storms, this will prevent surface runoff to flow into the drainage system. The Agreement with Riverwalk Corporation is flawed as there is no provision releasing the City of any liability that may be caused by the possible overflow of the proposed retention pond under extreme conditions. Art Shaw, City Engineer, advised Pleasure House Creek, is owned by two property owners, Wayne McLeskey and Bayville Farms. Mr. McLeskey owns all of the bottomland over which the channel is planned to be constructed. Councilman Dean inquired relative the original spoil site at the base of the Leaner Bridge and when the City went into mitigation on wetlands, the City was directed by the Army Corps of Engineers to establish a wetlands elsewhere in the City. Mr. Shaw will research and advise relative this requirement. Mr. McLeskey is only obligated to dredge, if the City can obtain the permits,,and the City is only obligated to build a boat-launching facility if Mr. McLeskey dedicates the land. A MOTION was made by Councilwoman Parker, seconded by Councilman Moss for a separate vote on the Resolutions relative the regional storm water drainage system and storm water management facility, and the public boat-launching facility, related recreational facility and amenities. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Robert K. Dean, John D. Moss, Mayor Meyers E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones4@, Paul J. Lanteigne, Vice Mayor William D. Sessoms, Jr. Council Members Absent: None *Verbal Nay - 19 - Item II-I.I.a. RESOLUTIONS ITEM # 35813 Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED: Resolutions authorizing the City Manager to enter into Agreements with Riverwalk Corporation re Ocean Park Drainage (BAYSIDE BOROUGH) for development and construction of regional storm water drainage system and storm water management facility. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyers E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert K. Dean Council Members Absent: None Items I.I.a/b was voted upon in ONE MOTION. 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO AN AGREEMENT 3 FOR DEVELOPMENT AND CONSTRUCTION OF 4 A REGIONAL STORM WATER DRAINAGE 5 SYSTEM AND STORM WATER MANAGEMENT 6 FACILITY 7 WHEREAS, the ocean Park Storm Drainage Projects, Phase I 8 and II, were established to provide Positive drainage in the Ocean 9 Park neighborhood along Shore Drive; and 10 WHEREAS, Phase I was completed in 1986 and Phase II, 11 currently in its final design phase, includes a regional storm 12 water facility to be located on city property adjacent to ocean 13 Park; and 14 WHEREAS, the regional storm water management facility 15 will obviate the need for three existing temporary city drainage 16 easements by providing available storm water storage; and 17 WHEREAS, Riverwalk Corporation has agreed to execute an 18 agreement which sets forth that it will build the aforesaid 19 regional storm water drainage facility upon several conditions, one 20 of which is that the City release its temporary easements in the 21 ditches, if Riverwalk constructs a collection system to transport 22 storm water from the area presently drained by such ditches. 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA,BEACH, VIRGINIA: 25 That the City Manager is hereby authorized to execute the 26 attached agreement between the City of Virginia Beach and Riverwalk 27 Corporation, a Virginia corporation. 28 Adopted by the Council of the City of Virginia Beach, 9 Virginia, on the 7th day of Jul , 1992. APPROVED AS TO CC)i@PTE'@TS 0 CA-4694 1 ORDIN\NONCODE\Storm.res 2 R-1 WFFICIE@,'@,Y Ai-4;40PM/7 @1119,6@, @ / I I CITY ATIOR@icy AGREEMENT This Agreement, Made this 4th day of June, 1992, between RIVERWALK CORPORATION, a Virginia corporation ("Owner"), and the CITY OF VIRGINIA BEACH, a rnl'tlicif)al corporation ("City"). RECITAL The City and Owner have reached certain agreements relating to their mutual participation in development and construction of certain Public improvements in the Ocean Park area of the City of Virginia Beach, as shown on the attached Exhibits and referenced below. THE AGREEMENT In consideration of the following mutual covenants and intending to be legally bound, Owner and the City agree: 1 - Storm Water Drainage System. a. At its expense, the City will design, or cause to be designed by its consulting engineer, a storm water drainage systen) (the "System") to service and accommodate a ten-year recurrence storm for the following areas: i. the area ("Ocean Park Phase 11"), shown on a plan attached as Exhibit A. Said area is depicted on the aforementioned plan as "Ocean Park Phase 11 Area." ii. the undeveloped lots designated as Lots 1-36, Block 8; Lots 1 - 1 1, Block 7; Lots 1- 1 3,Block 6; and Lots 1-14, Block 18 (collectively, the "Lots"), shown on Exhibit B. iii. the area presently drained by three outfall pipes draining into three temporary ditches west of Marlin Bay Drive (the "Ditches") shown on Exhibit C. Said area drained by the aforesaid outfall Pipes is approximately 25.75 acres and is depicted on the aforementioned Exhibit C as "Area Drained by 3 Ditches." iv. to the extent that additional capacity is available from the design of the System, that capacity will be reserved by the City for the owner of the area bounded by Shore Drive, Pleasure House Creek, Marlin Bay Drive and the western boundary of the Lots as shown on Exhibit D ("the Additional Area"). b. The System will be constructed by the City at its cost to service the Ocean Park Phase 11 Area by a storm water pump station, utilizing lift Pumps and a gravity collection system. The City, will reserve to the Owner any excess capacity in this Pump station after its construction and will provide one additional "knockout" or similar structure in the manhole nearest to the Pump station to accommodate Ovvner's Piping for access to the Pump station. In the event Owner requests that the p(iriip station lie to accommodate i(Jditiotial ,,torii, water front the Lots, the Ditches ari(J the Additional Area, the City will permit such upgrading and the Owner will participate in the cost for such upgrading to the extent that the Owner will be solely responsible for all betterment costs associated with such upgrade. The Owner, at its cost, may choose to design and construct additional gravity or pump station inlets to the retention pond, as described below, as required to service storm water flows from the Lots, the Ditches and the Additional Area subject to approval by the City Engineer, such approval not to be unreasonably withheld or delayed, such design and construction to be performed in compliance with all applicable federal, state and local laws, rules and regulations. C. The System will be designed by the City at its cost to include a storm water retention pond (the "Retention Pond"), said Retention Pond consists of two blocks labeled t)-l and that portion of Loch Haven Crescent lying between the two aforementioned blocl<s, as shown on Exhibit B, of sufficient size and depth to serve as a storm water retention pond for the Ocean Park Phase 11 Area, the Lots, the Ditches and to the extent practicable, the Additional Area. Further, the Retention Pond will be designed to accommodate storm water drainage from the Lots by gravity without the necessity for a r)urTIP Station. The Owner shall be responsible for all costs incurred in designing and constructing a collection system to transport storm water from the Lots, the Ditches and the Additional Area to the Retention Pond, subject to approval by the City Engineer, such approval not to be unreasonably withheld or delayed, such design and construction to be performed in compliance with all applicable federal, state and local laws, rules and regulations. d. The City shall make a good faith effort to obtain or issue, as the case may be, all permits, licenses, and approvals necessary or required to allow the Retention Pond to be excavated and the spoil to be deposited by Owner, as described in (e)(ii) below ("Permits"). e. After and subject to the City's compliance with (a), (b), (c) and (d) above and the acquisitions of the permits, Owner shall: i. at its cost, excavate, or cause to be excavated and banks stabilized using materials on site, the Retention Pond, within 180 days of the City's acquisition of the Permits required for the Retention Pond, in accordance with the 2 plans and specifications to be prepared by the City, which shall be approved by Owner, such approval not to be unreasonably withheld. ii. be permitted to retain all dredged material resulting from the excavation of the Retention Pond and to deposit such material in the area depicted on Exhibit E. Said area for placement of dredged material is depicted on the aforementioned Exhibit E is "Al)l)roxiriiate Limits of Spoil Area." f. After completion of the Retention Pond by Owner and acceptance by the City, the City shall maintain the System, including the Retention Pond to meet the drainage requirements described in this Agreement. 9. The City shall be solely responsible, after excavation of the Retention Pond, to construct both the inlet structure from the pump station to the Retention Pond and an outfall structure from the Retention Pond to Crab Creek. Said inlet structure and outfall structure as shown on that certain plan entitled: "Exhibit F Outfall Structure" attached hereto as Exhibit F. h. After Owner has constructed any required pumping station(s) and all necessary piping for its collection system to the Retention Pond, as described in 1 (c) above, applicable to City specifications, Owner shall dedicate these facilities to the City free and clear of all encumbrances by General Warranty Deed. i. After Owner has constructed a collection system, or if the additional retention pond described in I (i) below is constructed by Owner, servicing the area presently drained by the Ditches, the City will release its temporary easement, if any, in the Ditcties by appropriate instrument and subject to approval by the City Engineer, such approval not to be unreasonably withheld or delayed, and subject to Owtier's compliance with all federal, state, local laws, rules and regulations, grant all permits rquired by the City to allow the Ditcfies to be filled. j. The City has engaged its consulting engineer to study the feasibility and desirability of an additional retention pond parallelling the south side of Marlin Bay Drive and Marlin Bay Drive Extended to be connected by gravity flow to the pump station. If deemed feasible and desirable by the consultant and the City, this retention pond will be dug by Owner at its option and its expense, with the Owner being permitted to retain all spoil, such excavation to be subject to approval by City Engineer, such approval not to be unreasonably withheld or delayed, such excavation to be performed in compliance with all federal, state, and local laws, rules and regulations. 3 2. Miscellaneous Provisions. a. nment. Neither the City nor Owner may assign ptrihoisr written consent of the other party. U t Agreement or any rights or obligations under it, in whole or in part, witho t he b. . This Agreement will bind and inure to the benefit of the parties and their heirs, successors and assigns. C. Governn Law. This Agreement will be construed and enforced in accordance with the laws of the Commonwealth of Virginia. d. Guarant . The Guaranty Agreement, a copy of which is attached hereto as Exhibit G, sliall be executed upon execution of this Agreement. e. odfication. There may be no modification of this Agreement, except in writing, executed by the authorized representatives of the City and the Owner. IN WITNESS WHEREOF, the said Riverwalk Corporation has caused this Agreement to be executed in its corporate name and on its behalf by its president and its Seal here unto affixed arid attested by its Corporate Secretary with due authority by its Board of Directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its corporate name and on its behalf by its City Manager and its Seal be here unto affixed and attested by its City Clerk. RIVERWALK CORPORATION By: (SEAL) Attest: Secretary 4 CITY OF VIRGINIA BEACH By: c orized Designee of the City Manager (SEAL) Attest: Ruth Hodges Smith City Clerk STATE OF VIRGINIA CITY OF to-wit: I, and State afores id@ a Notary Public in and for the City , d e McLeskey, President, on behalf of Riverwalk Corporation, a Virginia corporation, whose name is signed to the foregoing writing, bearing date the 4th day of June, 1992, has acknowledged the same before me ill my City and State aforesaid. Given under my hand this 14@ day o My Commission Expires: STATE OF VIRGINIA CITY OF to-wit: a Notary Public in and for the City and State aforesaid, do h Secretary, on behalf of Rivervvall< orporation, a V s signed to the foregoing writing, bearing date the owledged the same before me in my City and Stati 5 Given under my hand this q.+@ day o MY Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 1, , a Notary Public in and for the City and State aforesai certify that MANAG DESIGNEE 0 CITY OF THE CITY CODE, whose name is siq T TO 2-154 4th day of June, 1992, has acknowled iiig date the aforesaid. Y and State Given under my hand this - day of 1992. Notary Public MY Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 1, , a Notary Public in and for the City and State a TH HODGES SMITH, CITY CLERK OF THE CITY 0 is signed to the foregoing writing, hearing date thi nowledged the same before me in my City and Sta Given under my hand this -day of 1992. Notary Public MY Commission Expires: 6 ----------- ------------ -------- ------------ ------------ -2 CATI OIN - - - - - - - - - - - - - - - - - - - - - - - -- @FRIE@ RINT - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - REP - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------- - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - EASEMENTS TO BE VAC ---------- ---------- OCEAN PARK DRAINAGE PHASE 11 C.I.P. NO. 2- 1 7.1 f i.1 -------------- Li- CD C-1 lo: 2.3 STANT . .... ... .. . 4,1 Io . ..... .... I v I ill(i ............. PL