FEBRUARY 6, 1989
@f 'Vii-igil7liEi 13,oetc:"
"WORLD'S LARGEST RESORT CITY"
CITY COLTNCIL
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281 CITY HALL. BUILDING
MUNICIPAL CENTER
AUBUY V -@S. JR, Cil, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
1 D@ @IMS.N. C", Al@ (804) 427-4303
@UTH 110@;ES S.-, CM@l-E, C-q C@@
February 6, 1989
ITEM 1. CITY MANAGERIS BRIEFINGS - Conference Room - 11:00 AM
A. PROPOSED CZO AMENDMENTS
1. Role of Board of Zoning Appeals in Rezoning and Use Permit
Matters Where Variances to Minimum Lot Size and Lot Width
Requirements Are Needed
2. Historical Review Board
Robert J. Scott, Director of Planning
B. ECONOMIC DEVELOPMENT STRATEGIC PLANNING PROCESS
Patricia Phillips, Director of Research and Strategic Analysis
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 12: NOON
A. CITY COUNCIL CONCERNS
ITEM Ill. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION Council Chamber - 2:00 PM
A. INVOCATION: Reverend Ted E. David
Thalia Uni-@ed Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - January 30, 1989
E. ORDINANCE/AUTliORIZATION
1. Ordinance granting a Franchise to Virginia Beach Lifesaving
Service, Inc. for a term of three (3) years and eight (8) months,
commencing May 1, 1989, and terminating December 31, 1992, to
conduct t>each equipment rental operations, where authorized, along
certain portions of the public beach adjacent to the Atlantic Ocean
commonly referred to as Fort Story, the Resort Area (from 40th
Street to Rudee Inlet), Croatan and Camp Pendleton, In
consideration for the provision of lifeguard and other designated
services, nnd for such other consideration to which the City and
the Grantee have agreed, conditioned on compliance by the Grantee
with all of the terms and conditions of the Franchise Agreement.
2. Authorization to the Department of Public Works to proceed with
design, acquire right-of-way through dedication or condemnation and
solicit bids for Installation of left-turn lane Improvements at the
Princess Anne Road/Holland Road Intersection.
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. If an item Is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to AMEND and REORDAIN Section 21-426 of the Code of the
City of Virginia Beach re towing and storage charges.
2. Ordinance to AMEND and REORDAIN Section 4-1 of the Code of the City
of Virginia Beach re pemit for outdoor musical or entertafnment
festivals.
3. Ordinance to AMEND and REORDAIN Section 23-47 of the Code of the
City of Virginia Beach re loud, disturbing and unnecessary noise.
4. Resolution directing the Planning Commission to consider and make
its recommendation concerning the proposed amendments to the City
Zoning Ordinance which would eliminate as a use of right outdoor
entertainment In the buslness, lndustrlal and resort tourist
districts.
5. Ordinance upon FIRST READING to ACCEPT and APPROPRIATE $2,680 Grant
from the Virginia Department of Motor Vehicles to the Public Works
Department to be used for training In traffic signals and
coordinated systems.
6. Ordinance upon FIRST READING to ACCEPT and APPROPRIATE $15,000
Grant from the Virginia Divislon of Motor Vehicles to the Police
Depar-tment for additional enforcement of driving under the
Influence violations.
7. Ordinance upon FIRST READING to APPROPRIATE $63,500 to provide a
refundable Grant to the Shakespeare By-The-Sea Festival Foundation
for debts Incurred during the 1988 performance season.
8. Ordinance to TRANSFER $30,000 within the Department of Mental
Health/Mental Retardation and Substance Abuse for replacement of a
telephone system.
9. LOW BIDS
a. Suburban Grading and Utilities, Inc. in the amount of
$897,174.60 for Shorehaven Water and Sanitary Sewer Facilities
- Contract 1.
b. Crowder Contracting Company, Inc. in the amount of $122,700-00
for Shorehaven Sewer Pump Station - Contract 11.
10. BINGO/RAFFLE PERMITS
AMERICAN CANCER SOCIETY Bingo
ARAGONA COMMUNITY RECREATION CENTER Raffle
PLAZA LITTLE LEAGUE LADIES AUXILIARY Raffle
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
FEBRUARY 20, 1989 2:00 PM
CANCELLED
,,PRESIDENTSI DAYII
All other Sessions will be
In accordance with the City Code
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 6, 1989
The CITY MANAGER'S BRIEFING of the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building,
on Monday, February 6, 1989, at 11:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. @IcClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council lqembers Absent:
None
- 2 -
C I T Y M A N A G E R 'S B R I E F I N G
PROPOSED CZO AMENDMENTS
ROLE OF BOARD OF ZONING APPFALS IN REZONING AND USE PERMIT MATTERS
11:00 A.1,@@.
ITEM # 30722
Robert Scott, Director of Planning, reiterated @-nformat-'Ion relative the role of
the Board of Zoning Appeals in rezoning and use perriit matters wtiere variances
to minimum lot s4ze and lot width requirements are needed in order for approval
to be granted. The Code, as it is currently written, prohibits a property
owner from applying for a rezoning or use perpit on his property when i-t dos
not meet the riinimuri CZO requirerients for the district or use requested. An
exception is 'If he applies to the Board of Zoning Appeals for a variance to the
reqilireinents not met. Robert Scott advised the three options:
1. Retaining the systeni as it is now established.
2. Establish a system where there i-s no route of
appeal, i.e., tak 4ng the appeal procedure out of
the hands of the BZA and simply doing away with
it.
3. Take the appeal process frorn the BZA and place it
with the Planning Comr@iission and tlie Ci-ty Council.
Tlie third option is recomnended. The Planning Comriission is recomrqending a
series of amendments to the City Zoning Ordinance tllat will achieve this
purpose.
This amendment will be SCIIEDULED for the City Council Agenda of February 13,
1989
- 4 -
C I T Y M A N A G E R 'S B R I E F I N G
ECONOMIC DQVT-ILOPMENT STRATEGIC PLh,NNING PROCESS
li: 33 A.,'I.
ITE2,1 # 3072'4
Patr@-ci@i Phillips, Director, Office ol@ Research and Strateg4-c Analysis, advised
the status of the Mayor's Committee on Economic Development Strategic Planning.
Patricia Phillips and Dr. Joe Buchan,-n are Co-Chair of said Conaritt--e. Thus
far, three meetings of tlie Office of Research and Strategic An,,Iysis, have been
feld:
October 31, 1988 - review of background raterial;
November 18, 1988 - review of tlie FPvironniental
scaiis prepared by the Research C)ffice to assist in
iinderstanding the Flakeup of the Cilly's econoty and
labor force
December 20, 1988 - Presentat@-on by Ross Boyle,
President of Growth Strategies Organizat4@oli, of a
report ejitl-tled: "Economic Developmer@t Strategy for
Virginia Beach, Virginia."
Ross Boyle is als o the author of "Strategies for Urbar. America". Over the past
seventeen years, ,,oss Boyle has @managed the preparation of Economic Peveloprierit
Strategy and Target industry strategies for over 100 co,,iirunities including
Scottsdale, Arizona; @ockwell, liew York; Charlotte, North Co-rolina, as well as
C'-ients in France. Ross Boyle is currently the Southern Region Vice -Ihairrian of
the American Econor-iic Developi@.ent Council. He is a f@@eriber of the Board of
Directors of the liat"onal Gouncil or, Urban Econor-ic J-)evelopi-,ie.'It as well as
@ier.ber of the CliaFiber of Com@@.erce of @--,irfax Countv.
Ross Boyle advised the process followed -'@n developing the strategy docurent
began with a series of one-on-one interviews with over fiftv (50) business
executive, government officials (Mer.,.bers of City Cou,-icil and City Staff),
education and corimunity leaders. The information garnered in these meetings and
disctissions, together with data asse,,,qbled from reports and doctinents provided
by the @-ity and from GSO's own records and files, served as tlie foundation for
the compilation of a business cliniate profile of the city. The business
clir,.ate prol@ile served as the basis for an assessnient of the types of
businesses and business facilities that would find Vir-.inia Beach a competitive
place for their operations.
The South Atlantic portion of the United States, the five States froin here to
Florida, a-re one of the two fastest growing areas of America. T@iese five
s"e.tes, plus the southi,,est fro,,n Texas to Californi-a, are the two areas of the
natioia which are enjoying the fastest population in business growth. The
growth in the South Atlantic States has been driven essentially by three
factors;
1. Low production cost environment.
2. Governments have strong pro-business attitude
3. Quality of life, climate and lifestyle, is
highly attractive.
C I T Y M A N A G E R 'S B R I E F I N C
ECONOMIC DEVELOPMENT STRATEGIC PLANNING PROCESS
ITD',- # 30724 (Continued)
As the Ninety's approach, two of the aforepientioned factors will continue to
attract business: Lifestyle and pro-business attitude. As the cost
differentials have closed and business is not looking so r@,uch anymore for
simply a low-cost alternative, the low production cost environment is no
longer a viable factor. If Business is looking for a low cost alternative, they
will niove past these states to the Caribbean, Mexico or to the Pacif4@c rim.
Virginia is likely to continue to remain a vp-ry attractive state from a
business point of view, bot,-i because of its quality of life, pro-blisiness
attitude and because it has a State government that more than the majority of
the souttiern states in the Central part of the Country and at least eqilal to
North Carolina has been able to upgrade @-ts investr@ient in education over the
last several years. The quality of Vi-rginia's hi-gher education is first rate
and the quality of Virginia's secondary ediic@@tion is i,-tiprov-lng faster th,-,Ii in
many southeastern and south central states.
Ross Boyle rei-terated tlie pr4-ncipal advantages of the Hampton Roads Area from a
business point of view:
World Class Port
Excellent Quality of Life
Presence of the largest complex of U.S.
Naval facilities in the world.
Ross Boyle advi-sed the liabilities:
Scarcity of skilled manufacturing workers
Location off the main line of
distribution for domestic manufacturing
operations.
Very low profile on the national screen
of business executives (The degree in
which the Chief Executive Officers are
familiar with the area.),
When Virginia Beach is exariined specifically as a cor,,munity within the F'@ampton
Roads area, the assets are:
Outstanding residential neighborhoods.
Secondary School System (rated within the
region as the best in the area).
Proximity of residential areas to very
high class office development.
- 6 -
C I T Y PI A N A C E R 'S B R I E F I N G
ECONOMIC DEVELOPMENT STRATEGIC PLANNING PROCESS
ITE4 # 30724 (Continued)
Virginia Beach is least attractive for nianufacturing and distribiltion
facilities due to:
High land cost.
Location within the region makes Virginia
Beach geographically the least accessible
to the major markets of the Country.
Water will continue to be a concern and
constraint with regard to both
residential development and certain kinds
of manufacturing development.
,-he single inost iinportant attribute of a business coming to the area would be
the degree to which it was a signif4-cant generator of tax base. The three other
criteria were:
Contribute to diversifying the community.
Businesses with a high percentage of
professional, technical and managerial
jobs.
Businesses not only meeting the
environmental standards required by the
Federal State Government, but well
exceeding them.
Ross Boyle outlined the types of companies inost desired:
Regional Offices and Information
Management Centers of major U.S. and
international corporations
Advertising firms serving national
markets.
Ross Boyle advised other highly desirable TARGETS included nati-onal busi.'Iess
and professional association headquarters, regional advertising firms, offices
of large software companies, book publishers, information processing type
facilities -,s well as certain l@inds of manufacturing (both communicati-on and
instruments).
- 7 -
C I T Y Fi A N A G E R 'S B R I E F I N G
ECONOMIC DEVELOPMENT STRATEGIC PLANNING PROCESS
IT@l # 30724 (Continued)
Actions to improve capacity of Vir-inia Beach to sell itself:
Vi-rginia Beach and i@orfolk should enter into a compact
that defines the development strategy for southside
Hampton Roads.
Virginia Beach should seek a broadly-bp@sed consensus
within the C-@lty in support of a carefully crafted
I)usiness investnient attraction strategy that is
incorporated into the aforementioned Virginia Beach-
Norfolk develop-,lent compact.
The City of Virgi-nia Beach should develop a process
which assures that decisions approving projected
business investments generated by the economic
development Drograpi are effectively addressed i-r, the
City's Capital Irprove,,Ient Program and that both are
consi-stent wi'@h tlie provisions of the City's
Comprehensive Plan.
The -,i ty of Virginia Beach should give its highest
priority to the maintenance and further i,,Iprovement of
its highly rated school system.
Virginia Beach representatives should strongly support
and lobby for the expansiori of pilblic higher education
facili-ties in tlie City.
The City of Virginia Beach and the Industrial
Developme,,it Authority should consider folding the IDA
and the City's Department of Economic Develop',Ient into a
new Virginia Beach Economic Development Corporation.
-.f the City of Virginia Beach desires to attract manufacturers, it should
define those kinds and formulate .uidelines allowi-ng a rational and consistent
basis to write-down the cost of land for those specific types of opportunities
to be competitive in the area of land cost for manufacturing-distributing. Most
of the new investr.,ients are not being riade by the large corporatiois but by
middle size owner-managed conipanies that are in fact contracting to the larger
corporations providing input to their assembly operations. Those middle size
owner-management coripanies are usually lool(ing for an existing shell building
rather than an existing piece of raw land to build that sliell build4lng. Thus it
would be wise for "he Industrial Development Autflority to consider the
construction of shell buildings or at least the encouragement of the private
sector to build riore speculative industrial space to be competitive
Dr. Joe Buchanan, @layor's Co,,nmittee on Econonic Development Strategic Planni-ng,
advised the Committee will convene on February Tenth. Issues for further study
will be deternined. There are five mallor issues:
1. Organization of Economic Development
2. Improving Image
3. Education
4. Community Education regarding Economic Development
5. Local and Regional context
A summarization of the interviews with illembers of City Council will be
forwarded.
- 8 -
MAT T E R S OF T HE MAYOR
ITEM # 30725
After the Mayors/Managers recent Meeting, Mayor Oberndorf was requested by area
Mayors to consult with the City Council relative their interest in supporting
the Governor's proposal of the 1% Local Option Income Tax. If this proposal
should be ADOPTED, this would mean the City could place the question on the
Ballot in the form of a Referendum. It would be the citizens making the
determination. It was the Mayor's understanding that the Bill passed was the
proposal of Senator Cartlan.
The Virginia Association of Counties went on record as supporting the
Governor's proposal.
The Governor has indicated the first year, the proposal should be for one
specific item and then later brought into other infrastructure needs. The City
of Norfolk has embraced this proposal wholeheartedly and is looking for support
from area localities.
ITEM # 30726
Mayor Oberndorf advised the following February Birthdays:
Councilman Albert W. Balko
February Seventh
Councilman John A. Baum
February Eleventh
Vice Mayor Robert E. Fentress
February Twenty-sixth
Councilman John D. Moss
February Eleventh
Mayor Meyera E. Oberndorf
February Tenth
The Mayor provided a BIRTHDAY CAKE for all.
- 9 -
C 0 UN C I L C ON C E R N S
ITEM # 30727
Councilman Perry advised residents have requested the City Council to make Lake
Joyce a catch-and-release lake. Fish, which are too small, would be released as
they are the ones perpetuating the lake. These types of lakes exist all over
the United States.
TTFM # 30728
Councilman Perry further advised residents have expressed concern relative Saw
Pen Point Park. The residents wish this area to stay a park and have heard
rumors that same will be turned over to developrqent. Councilman Perry
requested the Department of Parks and Recreation advise the residents.
ITEM # 30729
Residents of Burton Station are attempting to reorganize to keep their
neighborhood clean. Over the weekend three trucks dumped refrigerators and
various other articles of trash in Burton Station. The residents have the
license numbers which were given to the City Manager so the Staff may
investigate.
TTEM # 30730
Councilman Perry referenced memorandum from Chief Charles R. Wall to the City
Manager relative a commercial endorsement by an Auxiliary Officer who had
written a letter of endorsement on behalf of Atlantic & Pacific Arms on
departmental letterhead. The Officer was informed of departmental rules and
regulations regarding endorsements, abuse of position and departmental
correspondence.
Councilman Perry expressed concern as the Officer was a Volunteer.
ITEM # 30731
Councilwoman Henley advised the Surfside at Sandbridge condominium project has
apparently applied for a sewerage treatment plant. The City Manager advised
under the new State Water Control Board Guidelines, a City Ordinance must
address same. The City Manager further advised the Staff is in the process of
preparing same which will be forwarded to the City Council in their Agenda
Package of February 13, 1989. In the past, City Council did not encourage the
issuance of private treatment plants or private utilities.
ITEM # 30732
Councilwoman Henley advised March 11-14, 1989, are the dates for the
Washington National League of Cities Conference, which also coincides with the
Washington APTA (American Public Transit Association) Conference. Councilwoman
Henley requested the possible CANCF.IJ.ATION of the March 13, 1989, City Council
Sessions be ADDED-ON to the Agenda. The items of March Thirteenth and March
Twentieth could be consolidated for the March 20, 1989, Sessions.
- 10 -
C 0 U N C I L C 0 N C E R N S
ITEM # 30733
Councilwoman Parker referenced the retreat of the City of Chesapeake. This idea
was previously suggested by Mayor Oberndorf. Councilwoman Parker still believed
this to be an excellent idea. By moving the City Council outside of the arena
of City Hall with a set agenda, future planning of the City could be
accomplished.
ITEM # 30734
Councilwoman Parker referenced SJR 227 STUDY COOPERATION IN HAMPTON ROADS. The
patron of this Bill was Senator Walker. Mayor Oberndorf requested a
presentation of this item detailing specifics.
Mayor Oberndorf advised there was a Proposal put forth by retired Admiral Trane
regarding establishing a Metro Government. Northern Virginia apparently has a
type of Metro Government.
This Bill appears to be more than "co-operation" because the City has co-
operation with the Southeastern Virginia Planning District, Southeastern Public
Service Authority and with the Southeastern Virginia Job Training
Administration as well as a number of other functioning organizations where by
virtue of the localities they are linked together of their own volition rather
than having an oversight government. Councilman Moss requested this
presentation be conducted during the Formal Session in the City Council
Chambers.
ITEM # 30735
Councilwoman Parker referenced HB 1836 REDUCE VIRGINIA BEACH HIGHWAY ALLOCATION
8.4% ($10-MILLION) OVER 6 YF-ARS and the impact on the City's roadbuilding.
Copies of the most recent draft of this Bill will be presented to City Council.
ITEtM # 30736
Councilman Moss was contacted by Cynthia Ward, a resident of Larkspur relative
a replica of the Liberty Bell. NSA, a Japanese Concern is providing for its
display. This replica has toured around the Country and will be in the Hampton
Roads area February 22-25, 1989. Councilman Moss has contacted the Public
Information Office and advised Mount Trashmore was recornmended as a possible
location for this display.
ITEM # 30737
The City Manager referenced his letter of February First from Delgate Bob Tata
relative commemorating the 200th Anniversary of Kempsville and requested
direction from the City Council.
Councilman Moss believed the City's support should be channeled through some
kind of non-partisan organizational element such as the Kiwanis Club.
Councilwoman McClanan suggested a policy should be developed. By Consensus,
City Council advised celebrations should be through an organization. The City
Staff was requested to prepare criteria and guidelines.
ITEM # 30738
Councilman Baum requested Councilwoman Henley provide a Status report on the
TRANSFER OF DEVELK)PMENT RIGHTS at the General Assembly. This shall be an ADD-ON
to the Formal Agenda.
- 11 -
ITEM # 30739
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, February 6, 1989 at 1:30 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 12 -
ITE,@, # 30740
Mayor ileyera E. Oberndorf entertained a Motion to perr"it Citv Council to
I
condLict its EXECLJTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONKJEL MATTERS: Discussion or consideration of employ,,nent, assignment,
appointrient, proriotion, performance, demotion, salaries, discipl'l@ning or
resignati-on of public officers, appointees or eiployees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acqu-'sition 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 effect the value of property owned or desirable
for ownership by such !-nstitution.
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council ilieribers Votiig Aye:
Albert W. Balko, John A. Bauryi, Vice @iayor Robert E.
Fentress, liarold Ileischober, Barbara i@i. iienley, Reba
S. r,'@cClanan, John D. Moss, Mayor lleyera E. Oberndorf,
t@ancy K. Parker, John L. Perry and Willia-M D.
Sessoms, Jr.
Council Meiqbers Voting Nay:
i,lone
Council Mepibers Absent:
l@one
- 13 -
F 0 R M A L S E S S I 0 N
VIRGINIA BW-ACH @-ITY COUI@CIL
Febrtiary 6, 1989
2:00 P.111.
l,iayor Fieyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINTA
BEACH CITY COUNCIL in the Council Chambers, City liall Building, on @@londay,
February 6, 1989,at 2:00 P.II.
Council iienbers Present:
Albert W. Balko, John A. Baum, Vice Viayor Robert E.
Fentress, iiarold Heischober, Barbara M. @lenley, Reba
S. @icclanan, John D. '@loss, 1,@ayor ',,Ieyera E. Oberndorf,
@Nancy K. Parker, Johii L. Perry and Wi-lliam D.
Sessor.s, Jr.
Council fliembers Absent:
None
INVOCATION: Reverend Ted E. David
Thalia United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 14 -
Item IV-D.I.
MINUTES ITni "" 30741
Upon motion by Vice llayor Fentress, seconded by Councilman Balko, City Co,,Incil
APPROVED the INFORYIAL AND FORMAL SESSIONS of the City Council ',',Ieeting of
January 30, 1989:
Voting: 10-0
Council i@lerqbers Voting Aye:
Albert V-!. Balko, John A. Baum, Vice illayor Fobert E.
Fentress, Harold F@eischober, Barbara I,,. lienley, Peba
S. i4cClanan, John D. Moss, iliayor iieye-a E. Oberndorf,
i@ancy K. Parker and John L. Perry
Council i@lei,,ibers Voting Nay:
i@on--
"ouncil @feribers Abstaining:
William D. Sessoms, Jr.
Counc4-l 1,@'embers Absent:
@-ione
"Councilrflan Sessoris ABSTAINED as he was not in attendance at the City Council
14eeting of January @10, 1989.
Item IV-E.l.
ORDINANCE/AUniORIZATION ITE@I # '@0742
Attorney Barry R. Koch, 2508 Pacific Avenue, Phone: 428-4681 represented the
applicant, and requested chan-es in portions of the Franchise Agreerrent, pages
3 and 4 dealing with prov@-sion of daily cash receipts for each rental location
and providing to the C4,ty their own audited statement.
Upon rrotion by Vice i@iayor Fentress, seconded by Councilwoman lienley, City
Counc4@l DEFERRED until the City Counc4@l I,,@eeting of February 13, 1989:
Ordinance granting a Franchise to Virginia Beach
Lifesaving Service, Inc. for a terpi of three (3)
years and eight (8@) months, commencin-. l@lay 1, 1989,
and terminating Deceiqber 31, 1992, to conduct beach
equipment rental operations, where authorized,
along certain portions of the public beach adjacent
to the Atlantic Ocean corjnonly referred to as Fort
Story, the Resort Area (frorq 40th Streell to Rudee
Inlet), Croatan and Camp Pendleton, in
con-ideration for the provision of lifeguard and
other designated services, and for such other
consideration to which the City and the '@@rantee
have agreed, conditioned on cor@ipliance by the
Grantee w!-th all of the Ilerrns and conditions of the
Franchise Agreement.
This DEFERRAL will enable clarification of the Franchise Agreement is it
relates to audit, paragraph 3.c. only.
Votin,.,: 11-0
Council ller-qbers Voting Aye:
Albert W. Balko, John A. Bauin, Vice Mayor laobert E.
Fentress, liarold ifeischober, Barbara !,-. 'fienley, Reba
S. i"@'cClanan, jotin D. !,loss, llayor @@eyera E. Oberndorf,
IJancy K. Parker, John L. Perry and Wi-lliam D.
Sessoris, Jr.
Council Mevibers Voting Nay:
lione
Council @,lembers Absent:
l@, one
- 16 -
Item IV-E.2.
ORDINANCE/AUTHORIZATION ITEM # 30743
John 0. Venner, 2248 London Street, spoke in SUPPORT of the Ordinance
Roland E. Hargrove, 2369 Princess Anne Road, Phone: 427-2938, spoke in
OPPOSITION.
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council
ADOPTED:
Ordinance to authorize acquisition of property in
fee simple for right-of-way for Holland
Road/Princess Anne Road and the acquisition of
temporary and permanent easements of right-of-way,
either by agreement or condemnation.
The MOTION will include a rendering brought forward depicting landscaping, and
lighting (particularly surronding the traffic easement box in Ronald Hargrove's
yard). It is important this area be restored in an attractive manner. On the
Venner's corner, restortation might also be necessary.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Ilarold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 HOLLAND ROAD/PRINCESS ANNE ROAD AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7
8 WHEREAS, in the opinion of the Council of the City of
9 Virginia Beach, Virginia, a public necessity exists for the
10 construction of this important roadway to provide transportation
11 and for other public purposes for the preservation of the safety,
12 health, peace, good order, comfort, convenience, and for the
13 welfare of the people in the City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
19 89, et seq., Code of Virginia of 1950, as amended, all that
20 certain real property in fee simple, including temporary and
21 permanent easements of right of way as shown on the plans
22 entitled "PRINCESS ANNE ROAD - HOLLAND ROAD INTERSECTION
23 IMPROVEMENTS C.I.P. NO. 2-816,11 these plans being on file in the
24 office of Real Estate Department of Public Works, Virginia Beach,
25 Virginia.
26 Section 2. That the City Attorney is hereby authorized to
27 make or caused to be made on behalf of the City of Virginia
28 Beach, to the extent that funds are available, a reasonable offer
29 to the owners or persons having an interest in said lands, if
30 refused, the City Attorney is hereby authorized to institute
31 proceedings to condemn said property.
32 That an emergency is hereby declared to exist and this
33 ordinance shall be in force and effect from the date of its
34 adoption.
35 Adopted by the council of the City of Virginia Beach,
3 6 Virginia, on the 6 day c)f February 19 89
37
38
39
40
41
42
43
44
45
46
47 JAR/ih
48 DATE: 01/25/89
49 CA-89-3136
50 \ordin\noncode\hollpa.ord
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- 17 -
Item IV-F.
CONSEiNT AGENDA ITFIL # 30744
lJpon .not"on by Courci-lnan Balko, seconded by Councilnan Ileischober, City
Council APPROVED in ONE MOTION Ite-ms 2, 3, 4, 6, 8, 9 and 10 of the CONSENT
AGEi4DA.
Ite.,-ns 1, 5 and 7 were pulled for a separate vote.
Voting: 11-0
Council illembers Voting Aye:
Albert W. Balko, John A. Baum, Vice I,,ayor Robert E.
Fentress, @larold Heischober, Barbara !,i. Ilenley, @@eba
S. @,icClanan, John D. I,'Ioss, Mayor @leyera E. Oberndorf,
Nancy K. Parker, Jolin L. Perry and William D.
Sessoms, Jr.
Council lleribers Voting Nay:
None
Council llembers Absent:
None
Tteri IV-F.1
CONSENT AGENDA ITEil 30745
The following spoke in SUPPORT of the Ordinance:
Art Walker, 26-)'Ll Dean Drive, represented the Virginia Beach Wrecker Association
Larry Weaver, Pr--sid--nt - Virginia Beach Wrecker Associati-on.
OPPOSITION:
Colonel Robert En-.esser, 5290 Vestry Drive, Phone: 499-3157
Upon r.,otion by Vice ',,'ayor Fentress, seconded 'oy -@ouncilran Balko, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-426 of
the Code of the City of Virgilia Beach re towing
and storage charges.
Voting: 10-1
Council @4epbers Vot-@Ing Aye:
Albert W. Balko, John A. Bauln, Vi-ce @@ayor i@o@oert
F'entress, @@arold @.eischober, Barbar,@ l@l. @,ienley, Johr,
0. I'@oss, Mayor @-eyera E. Oberndorf, @lancy K. Parker,
John L. Perry and Williaii D. Sessoms, Jr.
Council iie,,ibers Voting @lay:
Reba S. ilcclanan
Council llenibers Absent:
iNone
@N ORDINANCE TO AMEND AND REORDAIN
2 SECTION 21-426 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO TOWING AND STORAGE
CHARGES
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 21-426 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11 Section 21-426. Charges for towing and storage of vehicle.
12 (a) No tow truck service or operator operating within
13 the city shall charge a basic fee of more than forty dollars
14 ($40.00) for towing between the hours of 7:00 a.m. and 7:00 p.m.
15 or fifty dollars ($50.00) for towing between the hours of 7:00
16 p.m. and 7:00 a.m.; provided that, an additional fee, for the use
17 of a dolly, not to exceed
18 dollars ($25.00) may be charged, where the use thereof is
19 necessary to move the vehicle or prepare it for movement. For
20 vehicles exceediiig 20,000 pounds gross weight a Eee not to exceed
21 seventy five dollars ($75.00) may be charged for towing. This
22 subsection shall apply only when a vehicle is moved or towed
23 without the prior consent and agreement of the owner or custodian
24 of the vehicle. This provision shall not serve to prevent
25 charging prevailing commercial rates when heavy towing equipment
26 is employed to remove a uniquely positioned vehicle, provided
27 that prior to movement of such vehicle a police officer shall
28 certify the need for such heavy equiprnent.
29 (b) No tow truck service or operator shall assess any
30 charges for storage for the initial twenty-four (24) hours, nor
31 charge more than ten dollars ($10.00) per
32 twenty-four-hour period thereafter, for any vehicle of 20,000
33 pounds or less, gross weight removed from private property
34 without the consent of the o%qner or custodian of the vehicle,
35 whether such tow originates in this city or any other
36 jurisdiction. For vehicles over 20,000 pounds gross weight, a
37 storage fee not to exceeq fifteen dollars ($15.00) per twenty-
38 four (24) hour period iiiay be assessed after the first twenty-four
39 (24) hours. Delays caused by storage yard personnel shall not be
40 iticluded when coinputing storage charges.
41 (c) No tow truck service or operator shall charge any
42 fee for mileage, in addition to the basic towing fee set forth in
43 subsection (a) above, when the vehicle is being taken without the
44 consent of the owner or custodian of the vehicle.
4 5 (d) A monetary receipt for each and every tow must be
46 given to those persons whose vehicles have been towed by the
47 towing service upon release of the vehicle. The information on
48 the receipt must be clearly legible and include the time, date
49 and place of the tow, the name of the tow truck operator who made
50 the tow and the name of the towing service said operator works
51 for. The receipt rnust also list the amount of money paid for the
52 release oE the vehicle, any additioiial charges incurred in the
53 tow, and the reason for said additional charges. A copy of the
54 receipt must be retained by the towing service for a period of
55 one (1) year and shall be made available for inspection by city
56 police or the cominissioner of revenue during normal business
57 hours of the to@q truck service owner.
58 Adopted by the Council of the City of Virginia Beach,
59 Virginia, on the 6th day of February 1989.
60 WEB/epm
61 01/18/89
62 CA-03123
63 \ordin\proposed\21-426.pro
2
- 19 -
Item IV-F.2
CONSENT AGENDA ITFI,I # 30746
Upon motion by Councilman Ball@o, seconded by Councilrian ileiscliober, City
Council ADOPTED:
Ordi-.iance to AMEND and REORDAIN Section 4-1 of the
,ode of t:he City of Vir g 4-iia Beach re permit for
I -
outdoor musical or entertainment festivals.
Voting: 11-0
Council tllenbers Voting Aye:
Albert W. Balko, John A. Baum, Vice @,layor Robert E.
Fentress, liarold Heischober, Barbara @i. ,-enley, Reba
S. i,'cClanan, John D. Moss, Mayor ?@eyera E. Oberndorf,
i@'ancy K. P,-@rlcer, John L. Perry and @4illia-.,l D.
Sessor!.s, Jr.
Counci-1 @iepibers Voting Ilay:
";one
uouncil ?,ieeibers Absent:
i@one
Ai:PPC,VED AS 70 CONT@t-!I@3
5iGt4ATLJ'.@
APPRONI'@D Af, 1:1@
SUF@l@p,4CY Al-1,D FORM
1 ITy AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 4-1 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO PERMIT FOR OUTDOOR
5 MUSICAL OR ENTERTAINMENT FESTIVALS
6
7 BE IT ORDAINED BY THE COUNCIL, OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 4-1 the Code of the City of Virginia Beach
10 is hereby amended and reordained to read as follows:
11
12
13 Section 4-1. Permit for outdoor musical or entertainment or
14 festivals.
15
16 (a) No person shall conduct a musical or entertainment
17 f e s t i v a 1 ,or otherwise c f f e rlive or recorded musical
18 entertainment for public or private audience, in other than a
19 fully-enclosed building, without first obtaining a permit so to
20 do from the city manager.
21 (b) Any person desiring to obtain a permit required by
22 this section shall make application therefor to the city manager
23 or his designated representative, at-least-thirty-f36t-days-prier
24 to--t@@ -d&y-@- at--t@ @l-i- setting forth
25 the following information:
26 (1) The place and duration of the
27 proposed festival7or outdoor
28 musical entertainment, including
29 hours of pereormance.
30 tRt
31 facilitiest
32 f3t(2) Adequacy of loudspeaker control, so as
33 to prevent loud noise in violation
34 of section 23-47 of this code.
35 Any applicant not holding a current appropriate
36 business license shall also provide the following additional
37 information:
38 f4f(3) Provisions for crowd control, traffic
39 control and parking.
40 f2t(4) Provisions for sanitation facilities.
4 1 (c) Upon determiiiation that the requirements of thie
42 section have been met, the city manager shall, no more than
43 thirty (30) days after receipt of the application, issue the a
44 permit for the duration of the festival or, in the case of any
45 other outdoor musical entertainment, for a period not to exceed
46 one 1 ) year.. The city manager may, because of any
47 misrepresentation, viciet4@-ef failure to comply with the
48 provisions of this section or deviation from the method of
49 operation described in the application in- deny any
50 application or revoke the any permit.
51 (d) Prior to denial of any application, or revocation
52 of any permit, the applicant or permittee shall be apprised of
53 the reason therefore and shall be entitled to a hearing before
54 the city manager or his representative. Following such a hearing
55 on the issues, any applicant or permittee aggrie ed by the
56 decision of the city manager may request review of such decision
57 by the city council, but shall, in the interim, abide by the
58 decision.
59 (e) Outdoor musical entertainment at any private
60 residence, attended by fewer than fifty (50) persons, shall be
61 exempt from the licensing requirement of this section.
62 fdt(f) A violation of any provision of this section
63 shall constitute a Class 1 misdemeanor.
64
65 Adopted by the Council of the City of Virginia Beach,
66 Virginia, on the 6tl'@ day of February 1988.9
67
68 WEB/epm
69 09/19/88
70 11/22/88
71 12/09/88
72 CA-0
73 \ordin\proposed\04-001.pro
74
2
- 20 -
Item IV-P'.3
CONSENT AGEND ITEiNi t 30747
lJpon mation by CounC41rian Balko, secodded by Council-Pan 'r@@eischober, @lity
Council ADOPTED:
Ordinance to AIWM and REORDAIN Section 23-47 of
the Code of the City of Virginia Beacil re loud,
disturbing and unnecessary noise.
Voting: ii-O
Council Meribers Voting Aye:
Albert W. Balko, John A. Baulp., Vice iliayor Robert E.
Fentress, qarold -@eischober, Barbara "i. ilenley, Reba
S. l@cclanan, John D. 'Ploss, @layo- I,,IeyerF E. Oberndorf,
liancy K. Parker, John L. Perrv and William D.
Sessoms, Tr.
Council Members Voting "'I'ay:
i,lone
Council lieinbers Absent:
iione
-z
AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 23-47 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO LOUD, DISTURBING AND
5 UNNECESSARY NOISE
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 23-47 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 23-47. Loud, disturbing and unnecessary noise.
14
15 (a) It shall be unlawful for any person to create, or
16 allow to be created any unreasonably loud, disturbing and
17 unnecessary noise in the city or any noise of such character,
18 intensity and duration as to be detrimental to the life or health
19 of any--per-son-@r. persons of reasonable sensitivity, or to
20 tnteasonably disturb or annoy the quiet, comfort or repose of any
21 person-ct reasonable persons. The following acts, among others,
22 are declared to be loud, disturbing and unnecessary noise in
23 violation of this section, but such enumeration shall not be
24 deemed to be exclusive;
25 (1) The playing of any television set, radio,
26 tape player, phonograph or any musical
27 instrument in such a manner or with such
28 volume as to annoy or disturb the quiet,
29 comfort or repose of any-person-or reasonable
30 persons.
31 (2) The keeping of any animal which, by causing
32 frequent or long-continued noise, shall
33 disturb the quiet, comfort or repose of any
34 person--i@-the-@@@@ the neighborhood to
35 such an extent as to constitute a nuisance.
36 (3) The creation of any excessive noise on any
37 street adjacent to any school, institution of
38 learning or court, while the same is in
39 session, or adjacent to any building used as
40 a place of public worship, while being so
I
4 1 used, or adjacent to any hospital, which
42 unreasonably interferes with the workings of
43 such school, institution or court or the
44 services being conducted in such place of
45 public worship or which disturbs or unduly
46 annoys patients in such hospital.
47 (4) The shouting and crying of peddlers, hawkers
48 and vendors which disturbs the peace and
49 quiet of the neighborhood.
50 (5) The use of any drum, loudspeaker or other
51 instrument or device f o rthe purpose of
52 attracting attention, by creation of noise,
53 to any performance, show or sale or display
54 of merchandise.
55 (b) Any person who violates the provisions of this
56 section shall be guilty of a Class 4 misdemeanor.
57
58 Adopted by the Council of the City of Virginia Beach,
59 Virginia, on the 6th day of February 1989.
60
61 WEB/epm
62 12/12/88
63 CA-03074
64 \ordin\proposed\23-047.pro
65
2
- 21 -
Iter,i IV-F.4
CONSENT AGE14DA TTai @# 30748
Upon riotion by Councl.l@-,an Balko, seconded by "ouncilman lieischober, City
Council ADOPTED:
Resolution directing the Plani)ing -Uommission to
consider and ff@ake its recoiniiendation concerning the
proposed amendments to the City Zoning Ordinance
w@.ich would eliminate as a use of right outdoor
entertainment in the business, industrial and
resort tourist districts.
Votin-.: ii-O
Council flieinbers Voting Aye:
Albert W. Balko, John A. Baum, Vice @layor Robert E.
Fentress, liarold '@eischober, Barbara @,!. @enley, Reba
S. Mc,"@lanan, John D. lloss, llayor @leyera E. Oberndor,@,
Nancy K. Parker, John L. Perry and William D.
Sessonis, Jr.
Council tviembers Voting Nay:
lione
Council iieriibers Absent:
f4one
I A RESOLUTION DIR4CTING THE
2 PLANNING COMMTSSION TO
3 CONSIDER AND MAKE ITS
4 RECOMMENDATION CONCERNING
5 PROPOSED AMENDMENTS TO
6 THE CITY ZONING ORDINANCE
7 WHICH WOULD ELIMINATE AS
8 A USE OF RIGHT OUTDOOR
9 ENTERTAINMENT IN THE BUSINESS,
10 INDUSTRIAL AND RESORT
11 TOURIST DISTRICTS
12
13
14 WHEREAS, outdoor entertairlment in connection with the
15 operation of hotels, restaurants and taverns may be incompatible
16 with nearby residential districts; and
17 WHEREAS, the City Council desires the Planning
18 Commission to examine the problems associated with outdoor
19 entertairiment and to suggest appropriate amendments to the zoning
20 ordinance so as to protect against such problem;
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
22 CITY OF VIRGINIA BEACH, VIRGINIA:
23 1. That the Planning Commission is directed to
24 examine the City's business, industrial and resort
25 tourist districts and is to make its recommenda-
26 tion to the Council concerning a proposal to
27 eliminate outdoor entertainment as a use permitted
28 of right in such districts.
29 2. That the Planning Commission shall make its
30 recommendation to the Council within days.
31
32 Adapted by the Council of the City of Virginia Beach on
3 3 the 6th day of February 1989.
34
35
36 GLF/jls
37 12/09/88
38 CA-3144
39 OUTDOOR.RES
"2
IteF. IV-F.5
CONSENT AGENDA !TFII 30749
John Herzke, Traffic Engineer, advised two traffic techni-cians in the traffic
eng@-neering division would be receiving the trainin-, in traffic sigpals and
coordinated systerqs.
Upon rqot-'@on by -Uouncilnan Perry, seconded by Councilplan Sessoms, City Council
APPROVED iipon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $2,680 Grarit
from the Virginia Department of Motor Vehicles to
the Public Works Department to be used for training
in traffic signals and coordinated systems.
Voting: 11-0
Council f,lembers Voting Aye:
Albert W. Balko, John A. Baur-Q, Vice @iayor Robert E.
Fentress, l@arold @;eischober, Bar'Dara .1". 1.@enley, Reba
S. @licclanan, john D. i@'ioss, -,Iiayor l@'leyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Willial'. D.
Sessor-qs, Jr.
Council @iembers Voting i@ay:
None
Council Ileiibe-s Absent:
P,@one
AN CIRD TO ACMT AND APPROPR= A GMU IN TM
@ OF $2,680 F" TM OF
VERICIM TO TM PMUC TO IRE
USED FER IN @C SICMIS AND
WHEREAS, the State Department of Motor Vehicles has awarded $2,680 in
Highway Safety Funds, to the Virginia Beach Traffic Engineering Division, for the
purpose of receiving tr-aining in "Traffic Signals and Coordinated Systems," and
WHEREAS, this trainincj will allow the @ffic Engineeriri(g Division to
impr-cve the quality of traffic flow and address safety issues within the city,
and
this funding is a one time grant requiring no city Tmtch.
NOW RE BE iT BY ME CITY CC)UNCIL OF @ CITY OF
@INIA BEACH, WMINTA, that a grant in the amount of $2,680 be accepted from
the Virginia Department of Motor Vehicles and appropriated to the De t of
Public Works for the purposes of pr-ovid@ training to the Traffic Engineering
Division in "Traffic Signals and Coordinated sys@.
'Ihis ordinance shall be effective frcm the date of its adoption.
Adopted by the City Council of the City of Virginia Beach, Vircjinia on
day of 1989.
First Readirxg February 6, 1989
Second Reading
APP-C)%"[D,FtS TO ColiTE14T
A@ @.S
C.ITY A-',
- 23 -
Iter,i IV-F.6
CONSENT AGENDA ITEil # 30750
Upon P,-,otion by Councilman Balko, seconded by Councilman fleischober, City
Council APPROVED upon FIRST READING:
Ordinance to ACCEPT -,iad APPROPRIATE $15,000 Grant
froni the Virginia Division of 14otor Vehicles to the
Police Department for additional enforcement of
driving under the influence violations.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice iliayor Robert E.
!7entress, flarold He-ischober, Barbara P'@. @',enley, Reba
S. f@icclanan, John D. iioss, I'llayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and -Oillia@n D.
Sessor.is, Jr.
Council ',@'embers Voting !,lay:
@@one
lounc@l t.@@e,-nbers Absent:
iq@one
AN CRDINANCE TO AND APPRCPPJATE
A $15,000 GRAUR FROM TBE VIMINIA DIVISICN OF @ VEEEL--
TO THE POLICE DEPARTMU FM AMIT'ICNAL
OF DRIVIW. UNDER TIIE @CNS
the State has notified the City of a $15,000 Highway Safety Grant
award fran the Virginia Division of Motor Vehicles for additiorial law enforcement
of drivirig under the influence (D.U.I.) violatioris, and
WHERFAS, these funds will be used to pay overtine and fringe beriefits costs
for police officers who will providing the additional law enforcement.
NOW, - -, BE: IT OMMNED B![ THE MJNCIL OF THE CITY OF WW@
VIMINIA, that $15,000 be accepted froin the State and apprcpriated to the Police
Departmnt's FY88-89 Operating Budget to pay the overtime and fringe benefits
costs for expanded D.U.I. enforcement activities.
Adopted this day, the _ day of February, 1989, by the Council of the
City of Virginia Beach, Virginia.
This ordinance shall be in effect from the date of its adcption.
First Reading: Fel)ri@,gry 6- lc)80
Readirig:
APpROVED,@S TO (-OTITENT
E
- 21@ -
item IV-F.7.
CONSENT AGENDA ITEili 1,@' 30751
Dr. E. E. Brickell, Presiclent, Shakespeare-By-The-Sea Festival, respo,'Idecl. to
City Council inquiries. The Festival Foundation suffered losses in excess of
$63,000 in 1988, $28,470 of which is currently owed to tlie -ity. A series of
fund-raising projects is being scheduled througho,it the 1989 Festival seasorl
to reduce the deficit, as well as to provide s--ed rflonies for a shortened
Festival in 1990.
Upon motion by Councilwotnan Partcer, seconded by Counc4-lman SessoF@, City
Counc4.1 APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $63,500 to provide a
refundable Grant to ,'Ie Shakespeare By-The-Sea
Festival Foundation for debts incurred during the
1988 performance season.
Voting: 10-0
Council l,'Iembers Voting Aye:
Albert W. Balko, John A. Baupi, f-:arold Iieischober,
Barbara M. l@enley, Reba S. i@!cClanar,, John D. t,.@loss,
Mayor @,@'eyera F. Oberndorf, Nancy K. Parker, John L.
Perry and W4,llia-n D. Sessonis, Jr.
CoL,ncil "ierqbers Voting l@'ay:
iNone
lot,.ncil iOe7be-s Abstaining:
Vice ?,Iayor Robert E. Fentress
"ouncil @ler2bers Absent:
lione
Vice @,iayor Fentress ABSTAINED as lie is the agent of one of the mijor creditors
of -,he Shakespeare-By-The-Sea Festival.
AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $63,500
TO PROVIDE A REFUNDABLE GRANT TO
THE SHAKESPEARE BY-THE-SEA FSSTIVAL FOUNDATION
FoR DEBTS INCURRED DURING THE 1988 PERFORMANCE SEASON
WHEREAS, the City of Virginia Beach desires to encourage and support
activities in support of the arts and humanities for the citizens of the City
of Virginia Beach, and
WHEREAS, the Shakespeare By-The-Sea Festival Foundation is a charitable
private not-for-profit foundation established to provide direction and support
for classical theatrical productions to be held within the City of Virginia Beach
for the benefit of its citizens and seasonal tourists, and
WHEREAS, during the 1988 festival season the Shakespeare By-The-Sea
Foundation suffered deficits in the amount of $63,500 consisting of debts owed
to the City of Virginia Beach, area merchants and other vendors, and
WHEREAS, the Shakespeare By-The-Sea Festival Foundation board has requested
the City of Virginia Beach to extend a refundable grant in the amount of $63,500.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $63,500 are hereby appropriated from
the General Fund Balance to the Shakespeare By-the-Sea Festival Foundation for
a refundable grant to satisfy debts incurred during the 1988 festival season.
It is anticipated the grant will be refunded within three years through donations
made to the foundation and future revenues derived from theatrical performances
held by the Shakespeare By-The-Sea Foundation.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the. day of 1989.
FIRST READING: February 6, 1989
SECOND READLNG:
- 25 -
Item TV-F.8
CONSENT AGENDA ITEII' # 30752
Upon motion by -louiiciinian Bolko, seconded by Council@nan '.eischober, City
Council ADOPTED:
Ordinance to TRANSFER $30,000 wi-thin the Department
of Mental Yealth/Mental Retardation and Substance
Abuse for replacerient of a telephone system.
Voting: 11-0
Counc@-I I,,ieiibers Votin-. Aye:
Albert W. Ballco, John A. Baum, V'@ce @@@ayor Robert E.
Fentress, @llarold @"eischober, Barbara ,'. lienley, Peba
S. McClaian, john D. illoss, l@',ayor -l"leyera E. Oberndorf,
Nancy il@. Parker, John L. Perry and Williarq D.
Sessoms, Jr.
Council I,.,embers Voti.ng liay:
lione
Councii i@teribers Absent:
i4one
AN ORDINANCE TO TRANSFER $30,000 THE
DEP@ OF MWRAL HEALTH/MUAL RETARDATION AND SLJBSTANCE ABLJSE
F'OR REPLA OF A ONE SYSTEM
the DP- t of Mental Health/Mp-ntal Re tion and Substance
Abuse has found it necessary to expand telephone services in its Pembroke offices
in order to meet the needs of increased staff levels broucjht about throucjh the
state MMWSA initiative funds, and
WHEREAS, the Department of General Services, havincj reviewed the ion
recluirements and the capabilities of the carrent telephone system, has determined
that the most feasible and cost effective of addressing the need is to
replace the existing six year old telephone system with a new system, and
WHEREAS, delayed start up of scme nents of the state initiative proc am
.fr
has produced lapsed furids within the Department of Mental Health/ Mental Retarda-
tion and Substance Abuse ad@te to cover the proj $30,000 cost of the
repla@t telephone systein,
NOW RE BE IT ORDAINED BY TBE COMCIL OF nM CITY OF @@ BEACH,
@INIA that funds in the amount of $30,000 be transferred within the Department
of Mental Health/ Mental Retardation and Substance Abuse to purchase an expanded,
replacenient telephorie system.
This ordinance shall be effective frcm the date of its adoption.
Adopted by the Council of the City of Vi@ia Beach, Virginia on
the- 6th day of February 1989.
APPROVED AS TO CONTENT
@I.I.TIW
E)EPA@TMENT
S TO FO@MI
@!4[Y
- 26 -
Item IV-F.9.
CONSENT AGENDA ITE@'. # 30753
Upon niotion by Councilman Balko, seconded by Council,,ian Heischober, Cit@
Council APPROVED:
LOW BIDS
Suburban Grading and Utilities, Inc. in the
amount of $897,174.60 for Shorehaven Water and
Sanitary Sewer Facilities - Contract 1.
Crowder Contracting Company, Inc. 4-n the amount
of $122,700.00 for Shorehaven Sewer Pump
Station - Contract II.
Voting: 11-0
Cotincil Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. I'@enley, Reba
S. McClanan, John D. Moss, tlayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Williani D.
Sessoms, Jr.
Council Merqbers Voting Nay:
None
Council Members Absent:
@4one
- 27 -
Item IV-F.10
CONSENT AGENDA ITFI@' # 30754
Upon notion by Councilman Balko, seconded by Councilirian fieischober, City
Counc4@l APPROVED:
BINGO/RAFFLE PERMITS
Al,@ERICAN CANCER SOCIEI'Y Bingo
ARAGONA COIIE@UNITY PECREATIO]I GENTER Raffle
PLAZA LITTLE LEAGUE LADIES AUXTLIARY Raffle
Voting: 11-0
Council llembers Voting Aye:
Albert W. Balko, Joiii A. Bauri, Vice @"ayor Robert E.
Fentress, Haroid 1 7eiscliober, Barbara il@. lienley, Reba
S. McClanan, John D. Ilioss, fliayor tteyera E. Oberndorf,
Nancy K. Parker, Jol)n L. Perry and William D.
Sessoms, Jr.
Council imembers Votin-. 14ay:
l,lone
Council tlembers Absent:
@;one
- 28 -
Item IV-G.1
UNFINISHED BUSINESS ITEM # 30755
ADD-ON
Councilwoman Henley provided a Status Report on the TRANSFER OF DEVELOPMENT
RIGHTS legislation at the General Assembly. A Study Committee shall be
appointed by the Chairman of Towns, Cities & Counties Committee.
Councilwoman Henley advised an indepth study had been conducted, and one needed
to proceed with the Ordinance. There appeared to be a feeling within the
General Assembly TDR would be too much at one time as the Conditional Zoning
and the impact fees have already passed the House. Councilwoman Henley further
advised TDR is a rather novel technique and requires education not only
state-wide but within the City. This interim year would allow the City to share
information with other localities relative the TDR's and form a basis for the
utilization in other places. Each locality has to develop the Ordinance and
mechanism for itself because it must be utilzed uniquely in each locality.
Councilman Baum advised he wished a meeting with City Staff to go forward with
the next logical step. Councilman Baum requested City Council allow them to
proceed further.
- 20 -
Item IV-H.1
NEW BUSINESS ITFI@I # 30756
ADD-ON
Upon motion by Councilwoman Henley, seconded by Council,@ian llioss, City CounC41:
CANCELLED: City Council ileeting of i@larcl 13, 1989.
AND,
COMBINED: PLANNING AND STAFP- ITEKS for City
Council @-essions of tqarch 20, 1989, at 2:00 P.I'I.
Voting: 11-0
Council Menbers Voting Aye:
Albert W. Balko, John A. Bauri, Vice l@layor Robert E.
Fentress, Flarold Heischober, Barbara M. Henley, Reba
S. ilfcclanan, Jofin D. !,loss, @layor lieyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Williani D.
Sessoms, Jr.
Council Meiibers Voting Nay:
14one
Council llenbers Absent:
None
- 30 -
Item IV-1.1.
ADJOURNMENT ITEM 30757
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 4:19 P.M.
1112@ 0 Y/"
Beverly @. Hooks
Chief Deputy City Clerk
-guth Hodge@ Smith, CMC Mey ra E Oberndo@f
City Clerk Mayor
City of Virginia Beach
Virginia
- 30 -
Item IV-I.1.
ADJOURNMENT
ITEM # 30757
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 4:19 P.M.
Beverly'0. Hooks
Chief Deputy City Clerk
-l~uth Hodge~ Smith,
City Clerk
Mey~ra E~Oberndo ~
Mayor
City of Virginia Beach
Virginia