MARCH 3, 1992 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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MARCH 3, 1992
ITEM 1. INFORMAL SESSION - Council Chamber - 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 John Jordon
Galilee Episcopal Church - Pastor - Retired
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 SESSION - February 25, 1992
G. COUNCIL COMMITTEE REPORT
1. 1986 BOND REFERENDA
William A. Schlimgen, Chairman
H. CONSENT AGENDA
Al I 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 APPROPRIATE $125,000 from the E-911 Fund to the
FY 1991-1992 Police Department Budget re acquisition of a Voice
Logger/Recorder System.
2. Ordinance authorizing license refunds in the amount of $8,925.47.
3. Ordinance authorizing tax refunds in the amount of $9,332.75.
1. RESOLUTION
1. Resolution of support for the Transit Proposal developed by the
Virginia Department of Transportation and Tidewater Transportation
District Commission to operate an Express Bus Service from selected
park and ride lots in the City of Virginia Beach to downtown
Norfolk and the Norfolk Naval Base.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. COUNCIL-SPONSORED ITEM:
a. Resolution directing the Planning Commission recornmend to City
Council a proposed amendment to Section 1501 of the City Zoning
Ordinance allowing outdoor recreational and amusement
facilities as a conditional use in the RT-1 District.
(Sponsored by Vice-Mayor Robert E. Fentress)
L. ADJOURNMENT
SCHEDULE
FY 1992-1993 OPERATING BUDGET
City Council Chamber
TUESDAY, MARCH 31, 1992 2:00 PM
**SPECIAL FORMAL SESSION**
PRESENTATION
TUESDAY, APRIL 7, 1992 10:00 AM
WORKSHOP
TUESDAY, APRIL 14, 1992 10:00 AM
WORKSHOP
THURSDAY, APRIL 16, 1992 7:00 PM
**SPECIAL FORMAL SESSION**
PUBLIC HEARING
Green Run High School Auditorium
TUESDAY, APRIL 28, 1992 (Time to be determined)
WORKSHOP
THURSDAY, APRIL 30, 1992 7:00 PM
**SPECIAL FORMAL SESSION**
PUBLIC HEARING
Princess Anne High School Auditorium
THURSDAY, MAY 7, 1992 10:00 AM
RECONCILIATION WORKSHOP
TUESDAY, MAY 12, 1992 2:00 PM
APPROPRIATION ORDINANCES
COUNCIL SESSIONS CANCELLED
MAY 5, 1992
CITY COUNCIL ELECTION DAY
2/27/92 cmd
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Vlrginia
March 3, 1992
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on March 3,
1992, at 1:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr. , Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Robert W. Clyburn ENTERED: 1:50 P.M.
Mayor Oberndorf ANNOUNCED Councilman Clyburn was a SPEAKER at a luncheon.
- 2 -
C IT Y MANA GE R ' S C ON C E R N S
ITEM # 35387
Mayor Oberndorf referenced the article in the VIRGINIAN-PILDT on Tuesday, March
3, 1992, concerning the backlog of requests for exemptions to the mandatory
water use restrictions.
The City Manager advised City Code Section 37-21 provides for an Appeals Board
to hear requests for exemptions from mandatory water allocations. It does not
provide for the Board to hear requests for exemptions for mandatory use
restrictions, such as those adopted pursuant to City Council action of February
11, 1992. Amendments would empower the Appeals Board to hear requests for
exemptions from the mandatory use restrictions recently imposed. The amendments
would also authorize the Board to establish regulations granting temporary
exemptions pertaining to categories of water use. This would avoid the need for
review on a case-by-case basis in such instances. The amendments also provide a
standard for the board to apply in deciding applications and require decisions
to be made within two weeks of receipt of a completed application.
The City Manager distributed a copy of the Ordinance to Amend and Reordain
Section 37-21 of the City Code, pertaining to conservation of water during
emergencies. Said Amendment shall be ADDED to the Formal Session of City
Council.
- 3 -
C IT Y C 0 UN C I L C ON C E R N S
ITF,M # 35388
Councilman Heischober distributed a copy of a Resolution requesting the General
Assembly enact legislation pertaining to the allocation of water from the
Roanoke River. Councilman Heischober wished this Resolution ADDED to the Formal
Session of City Council.
Senate Bill No. 275, which allocates 60-MILLION gallons of water per day from
the Roanoke River to the City and other communities in Southeastern Virginia in
accordance with permits and certifications issued by the U.S. Army Corps of
Engineers and the Virginia Water Control Board, was introduced into the 1992
General Assembly Session by Senator Holland. The Bill passed the Senate, but
has since been carried over to the 1993 session. The language of the Bill,
however, has been attached to House Bill No. 488, pertaining to amendments to
the Groundwater Act.
- 4 -
ITEM # 35389
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Counci I Chambers, City Hal I Bui Iding, on
Tuesday, March 3, 1992, at 1:25 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Vice Mayor Robert
E. Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
Robert W. Clyburn
- 5 -
ITEM # 35390
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1 -344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates tor 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: Council Liaison to City Manager's Water Task Force
Greenways, Trails and Bikeways Committee
2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly-held property, or of plans for the future of an
institution which could atfect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A) (3).
To-Wit: Acquisition of Park Site - Groveland Park Subdivision
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor Robert
E. Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Robert W. Clyburn
- 6 -
ITEM # 35391
Mayor Meyera 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, to include the following purpose:
3. LEGAL MATTERS: Consu Itation with legal counsel or brief ings by staff
members, consultants, or attorneys pertaining to actual or probable
I itigation, or other specif !c legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
To-Wit: City of Virginia Beach ads Oxford House
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor Robert
E. Fentress, Harold Heischober, Louis R. Jones, Paul
J. Lanteigne, Reba S. McCianan, Mayor Meyera E.
Oberndort, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Robert W. Clyburn
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
March 3, 1992
2:15 P.M.
Mayor Meyera E. Oberndort cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL 1 n the Counci I Chambers, City Hal I Bui Iding, on Tuesday,
March 3, 1992, at 2:15 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Vice Mayor Robert E. Fentress
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
8
Item II-E.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 35392
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, 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 pub l ic business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
4b,
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECLJTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 35390,
Page No. 5 and ITEM # 35391, Page No. 6 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 certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
,h Hdgs mith, CMCTAAE
City Clerk March 3, 1992
9
Item 11-F.l.
MINUTES ITEM 35393
Upon motion by Vice Mayor Fentress, seconded by Counci lwoman McClanan, City
Counci I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February
25, 1992.
Voting: 11-0
Council Members Voting Aye;
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 10 -
Item 11-G.l.
COUNCIL COMMITTEE REPORT ITEM # 35394
1986 BOND REFERENDA
Wi II i am A. Sch I imgen, Chairman - 1986 BOND REFERENDA C014MITTEE, distributed a
copy of his report on expenditures and obligations incurred by the City through
December 31, 1992, on highway and school projects related to the 1986
Referendum, community center projects related to the 1987 Referendum, school
projects related to the 1989 Referendum and the Lake Gaston water resource
project approved in the 1988 Referendum. Said report is hereby made a part of
the record.
Mr. Schlimgen introduced a video summarizing this report, prepared by MCN
Channel 29 featuring narration by Linda Roe, Cable Coordinator.
Concerning the 1986 Highway Referendum, the Ferrell Parkway, Independence
Boulevard, Indian River Road, Northampton Boulevard and two Lynnhaven Parkway
projects are complete. Construction on the General Booth Boulevard project is
98% complete. In the Fiscal Year 1991-92 Capital Improvement Program approved
by City Council in December 1992, two new projects were scheduled for funding
from the 1986 Highway Referendum Bonds. These additional projects are
Centerville Turnpike, Phase l(a) and Independence Boulevard, Phase IV(A). Due
to a surplus of funding after completion of the original referendum projects,
the addition of these new projects was possible. Of $40,000,000 authorized,
90.8%, or $36,323,625, has been contracted.
Relative the 1987 Recreation Center Referendum, the Great Neck and Bow Creek
facilities are open to the public. The Bayside project is 97.9% complete. An
advance to proceed for the Princess Anne Community Center Project was issued in
December 1991. $24,688,638, or 75.2%, of the $32,850,000 total has been
contracted.
Concerning the 1986 School Referendum, negotiations are underway for the
Various School Site Acquisitions. Construction is complete on Ocean Lakes, Red
Mill Farm, Tallwood and Glenwood Elementaries. Sites for Landstown (formerly
Green Run) Elementary and Middle School and Strawbridge (tormerly London
Bridge) Elementary School have been acquired. Construction is scheduled to
begin on the Ocean Lakes High School and Corporate Landing Elementary School
projects in June and August 1992, respectively. Funds totaling $28,791,578, or
89.1% of the $32,310,000 authorized, have been contracted.
Relative the 1989 School Referendum, work is complete on the original thirteen
elementary school gymnasium additions and an architect has been hired for
design of a gymnasium addition at the Old Donation Center for the Gifted and
talented. Work is complete on the Bayside and Kellam High School
modernizations. Construction of the Strawbridge Elementary, Tallwood High, and
Landstown Elementary and Middle Schools projects is 99.9%, 55% and 52.5%
complete, respectively. Of $68,375,000 authorized, $58,685,954, or 85.8%, has
been contracted.
With respect to the 1988 Lake Gaston Water Resource Project Referendum, as
indicated in previous quarterly reports, work on the project has been delayed
by court injunction requiring the City to await an approval from the Federal
Energy Regulatory Commission. However, in December 1991, a federal appeals
court ruled construction could begin on the overhead crossings (Contract BI)
and the below ground portion of the pump station (part of Contract Dl). Ot
$200,000,000 authorized, $17,618,780, or 8.8%, has been contracted.
Item I I -H.
CONSENT AGENDA ITEM 35395
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED In ONE MOTION Items 1, 2 and 3 of the CONSENT AGENDA:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 12 -
Item 1 1-H.1
CONSENT AGENDA ITEM # 35396
Upon mot i on by V i ce Mayor Fentress, seconded by Counc i I man Sessoms, c i ty
Council ADOPTED:
Ordinance to APPROPRIATE $125,000 from the E-911
Fund to the FY 1991-1992 Pol;ce Department Budget
re acquisition of a Voice Logger/Recorder System.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO APPROPRIATE $125,000 TO TRE FY 1991-92
POLICE DEPARTWM BUDOET FROM THE E911 FUND FOR THE
ACQUISITION OF A VOICE LOGGER/RECORDER SYSTEM
1 WHEREAS, the Public Safety Communications Center's existing recorder
2 was purchased nearly 10 years ago and is becoming unreliable;
3 WHEREAS, the recorder provides information on actual converbations
4 requesting public safety service and is used to record the service provided. It
5 records all E911 telephone calls, all radio tranaMiBsions, and other
6 incoming/outgoing telephone calls handled by the Conununications Center;
7 WHEREAS, there are sufficient funds in the E911 Fund Balance to
8 purchase this equipment.
9 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA, that $125,000 be appropriated from the Fund Balance of
11 the B911 Fund for the purpose of acquiring a Voice Logger/Recorder SyBtem for the
12 Communications Center to use with E911 callb.
13 Adopted by the City Council of the City of Virginia Beach, Virginia
14 on this day March 3, 1992.
WALTEil 0. I
OFRCE OF BUDGET AND EVALUATI
- 13 -
Item 11-H.2.
CONSENT AGENDA ITEM # 35311
Upon motion by Vice Mayor Fentress, seconded by Counci lman Sessoms, City
Council ADOPTED:
Ordinance authorizing license refunds in the amount
ot $8,925.47 upon appl ication of certain persons
and upon certif ication of the Commissioner of the
Revenue.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FORM 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 cetlification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Practical Care Health Service, Inc.
c/o National Home Care Corp. 1989 Audit 2,482.23 2,482.23
1420 Spring Hill Road S-600
McLean, VA 22102
Practical Care Home Health, Inc.
c/o National Home Care Corp. 1987-89 Audit 2,041.77 2,041.77
1420 Sp--ing Hill Road S-6on
McLean, VA 22102
Certified as to Payment:
rm:
@li6 L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 4,524. 00 were approved by the Council
3 March 92
of the City of Virginia Beach on the - day of 19-
Ruth Hodges Smith
City Clerk
MRM NO. C.k 8 FIEV.
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
Becraft-Mani Buildinq Corp. 1989-90 Audit 167.05 167.05
5720 Princess Anne Road
Virginia Beach, VA 23464
Boulevard Heating & Air Conditioning
P. 0. Box 62501 1990 Audit 239.29 239.29
virginia Reach, VA 23462
Cafe USA, Inc. 1969-91 Audit 30.72 30.72
5048 Cleveland Street
Virainia Beach, VA 23462
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
Leslie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 437-06 were approved by the Council
of the City of Virginia Beach on the 3day of March 19 92
Ruth Hodges Smith
City Clerk
FORM NO, C.& 6 REV. 3%
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF=ACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Clark, James F. 1990 Audit 75.11 75.11
T/A Mobil Wash Systems
605 Arauona Blvd.
Virginia Bea,h, @7A 23462
Corning, nrin B. 1990 Audit 24.43 24.4.3
T/A Corning Fi.nancial Service
528 Water Oak Road
Virginia Beach, VA 23452
Dominion Painting, Inc. 1990 Audit 26.20 26.20
901 Kings Landing Circl-
Vi-rgi-nia Beach, VA 23452
Certified as to Payment:
-@obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
te-slie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 125 - 74 were approved by the Council
3 March 92
of the City of Virginia Beach on the - day of 1 9 -
Ruth Hodges Smith
City Clerk
FORM NO. C.k 8 REV.
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 !he Commissioner of the
Revenue are hereby approved:
License Date Base Penalty lnt. Total
NAME Year Paid
Fidelity Sales, Inc. 1988-91 Audit 297.87 297.87
T/A Paragon software
Payable to: John T. Atkinson, Treasurer
Commissioner of the Revenue
Attn: Judy Braun
Glover, Jack W. & W. Carl Cain
T/A C & G Catering 1990-91 Audit 90.71 90.71
2912 Lafayette Blvd.
Norfolk, VA 23509
Indian River Auto sales, Inc.
345 Millstone Road 1990--91 Audit 76.87 76.87
Chesapeake, VA 23320
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
@slie L. Lill;
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 465. 45 were approved by the Council
3 March 92
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO. C.k 0 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 CrrY 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
KeaseV, Joseph E. 1990 Audit 35,06 35.06
T/A All American Roofing
288 Chapmans Court
Virginia Beach, VA 23462
Madridejos, Raul D. Etals 1988 Audit 240.00 240.00
T/A Road Runner
1000 Melton Court
Virginia Beach, VA 23464
Peters & Associates Real.ty Corp.
T/A PeterS Realty 1990 Audit 166.82 166.82
1400 Kempsville Road #102
Chesapeake, VA 23320
Certified as to Payment:
"4@ ,
@ert P. Vaughan
Commissioner of the R4 e/ne
Approved as to form:
@esli@e L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 441.88 were approved by the Council
of the City of Virginia Beach on the3day of March .19 92
Ruth Hodges Smith
City Clerk
MRM NO@ C.k 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 Base Penalty Int. Total
Year Paid
Robinson, Curtis J., Jr. & James Allman
T/A Champion Enterprises 1990 Audit 42.37 42.37
1224 Executive Blvd. #101
Chesapeake, VA 23320
Shafer, Fred H., President 1988-90 Audit 240.91 240.91
Omni Investment Corp.
T/A Kair Kuts
4618 Flicka Court
Virqinia Beach, VA 23455
Sheldon Motors, Inc. 1991 Audit 163.87 163.87
15200 Warwick Blvd.
Newport News, VA 23602
Certified as to Payment:
Approved as to form:
@ie"L. Lilley-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 447. 15 were approved by the Council
of the City of Virginia Beach on the3day of March 19 92
Ruth Hodges Smith
City Clerk
"M NO. C@k 8 REV. 3W
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 CFRY 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 lnt. Total
Year Paid
Tidewater Temps, Inc. 1989-91 Audit 326.00 326.00
T/A Tidewater TemDs
4092 Foxviood Drive
virqinia Beach, VA 23462
Washington Inventorv Service of VA
7150 El Cajon Blvd. 1989-90 Audit 75.68 75.68
San Diego, CA 92115
T@7oodhouse, Robert W., III
914 Baldwin Avenue 1990 Audit 1,090.00 1,090.00
Richmond, VA 23229
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective irom date of
adoption.
The above abatement(s) totaling $ 1,491.68 were approved by the Council
of the City of Virginia Beach on the3day of March 19 92
Ruth Hodges Smith
City Clerk
FOFIM NO. C.k 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CF=RTAIN 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 lnt. Total
Year Paid
Woodstone Con,truction Corp-.
918 Wolfpack Court 1987-90 A,-idit 581.74 581.74
Virginia Beach, VA 23462
Woodward, David R. 1990 Audit 57.00 57.00
T/A Independence Chiropractic
P. 0. Box 1600
Williamsburg, VA 23187
Worrell, P. D. & J. Grasman
T/A Four Corners Cleaning 19R9-90 Audit 14.71 14.71
2013 Hillsboro Court
Virgin,'-a Beach, VA 23456
Yu, Chinan & Ja Kung 1989-90 Audit 339-06 339.06
T/A Bayside Tran,mission & Auto Repair
2405 Lookout Court
Virginia Beach, VA 23495 Certified as to Payment:
ommissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling s )q2. 91 were approved by the Council
of the City of Virginia Beach on the3day of March '19 92
Ruth Hodges Smith
City Clerk
- 14 -
Item 11-H.2.
CONSENT AGENDA ITEM # 35312
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance authorizing Tax refunds in the amount of
$9,332.75 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO. C.A. 7 21201 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- D ate Penalty I nt. Total
Year of Tax Number tion No. p aid
Jessee N Jr. & J N Anderson 92 RE(1/2) 2438-7 1/16/92 31.10
Sarah P Roughton Moore 92 RE(1/2) 80431-0 12/4/91 64.88
Fleet Mortgage Corp 92 RE(1/2) 121068-2 11/27/91 23.98
Lynnhaven Crossing Assoc 92 RE(1/2) 69793-5 11/26/91 2,532.79
NationsBank Mortgage Corp 92 RE(1/2) 109191-7 11/26/91 61.32
Leon R & Leonida Bundy 92 RE(1/2) 15281-7 11/26/91 12.54
Tropicana Hotel Assoc L P 92 RE(1/2) 85246-4 12/5/91 5,411.11
Ronald E & Mary Ann Graham 92 RE(1/2) 44055-1 12/5/91 108.60
Ana H Barbosa 92 RE(1/2) 5658-3 11/8/91 54.50
Northeast Savings FA 92 RE(1/2) 29856-3 11/26/91 58.50
Fleet R E Funding Corp 92 RE(1/2) 68896-3 11/26/91 69.25
Melvin L & Debra Harrell 92 RE(1/2) 48209-7 12/5/91 21.59
Melissa D Williams 92 RE(1/2) 125083-4 12/31/91 255.90
John S & Verna Floyd 92 RE(1/2) 37681-7 12/5/91 168.95
John S & Verna Floyd 91 RE(1/2) 37434-8 12/5/90 123.84
John S & Verna Floyd 91 RE(2/2) 37434-8 6/5/91 123.84
John S & Verna Floyd 90 RE(1/2) 36865-9 12/5/89 105.03
John S & Verna Floyd 90 RE(2/2) 36865-9 6/5/90 105.03
Total 9,332.75
This ordinance shall be effective from date of adoption.
Tq@a@S@e ETatement(s) totaling c as to pa
.7 were approved by
the Council of the City of Virginia
Beach on the 3 day of March, 1992 yu@
jot T. Atkibs6n-Tr@surer
Approved as to form:
Ruth Hodges Smith
City Clerk
L@li@L. Lille-y,@mq
- 15 -
Item II-I.l.
RESOLUTIONS ITEM # 35399
Cyndy Bourquard, representing the League of Women Voters of Norfolk/Virginia
Beach, spoke in SUPPORT of the Resolution, 253 West Freemason Street, Phone:
627-3396. Mrs. Bourquard's statement is hereby made a part of the record.
Letter from the Hampton Roads Chamber of Commerce, dated March 3, 1992, in
SUPPORT of the Resolution is hereby made a part of the record.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the
Resolution.
Jayne B. Whitney, Director of Project Management, Post Office Box 2096,
Norfolk, Phone: (804) 627-9291. Mrs. Whitney distributed information on the
proposed Express Transit Service which is hereby made a part of the record. A
five phased transit improvement plan focusing on the new HOV facilities and
transit service was developed as a part of the past year's light rail passenger
study. Phase I Service Plan shall include four express routes operating during
peak commute hours from three new park and ride (P & R) lots as follows:
Origin Destination Service Frequency Boarding
Pembroke P & R Naval Base 15 minutes 600
Holland Rd. P & R Naval Base 30 minutes 100
Holland Rd. P & R Norfolk CBD 30 minutes 100
Hilltop P & R Pembroke P & R lot 15 minutes 800
then to Norfolk CBD
Total Estimated Riders on Express Service 1,600
Phase I also includes four local/feeder bus service routes. TRT proposed to
offer a "Guaranteed Ride" program to offer flexibility to those who need to
return home from the Naval Base for an emergency or other occurrence during the
day. The funds for the leasing of spaces to create a park-and-ride lot in the
Central Business District area would be derived from the Route 44 Toll Road
funds.
Memorandum from Dale Castellow, Planning Department, dated March 2, 1991,
regarding the Express Bus Proposal is hereby made a part of the record.
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution of support for the Transit Proposal
developed by the Virginia Department of
Transportation and Tidewater Transportation
District Commission to operate an Express Bus
Service from selected park and ride lots in the
City of Virginia Beach to downtown Norfolk and the
Norfolk Naval Base.
The City Manager advised funds for this Service would come from the existing
surplus allocation available with TRT. Approximately $296,000 is available in
the Surplus Fund Balance. The estimated cost of the four month trial period is
$37,000.
- 16 -
Item 11-1-1.
RESOLUTIONS ITEM # 35313
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 RESOLUTION OF SUPPORT FOR THE TRANSIT PROPOSAL DEVELOPED BY THE
2 VIRGINIA DEPARTMENT OF TRANSPORTATION AND TIDEWATER TRANSPORTATION
3 DISTRICT COMMISSION TO OPERATE AN EXPRESS BUS SERVICE FROM SELECTED
4 PARK AND RIDE LOTS IN THE CITY OF VIRGINIA BEACH TO DOWNTOWN NORFOLK
5 AND THE NORFOLK NAVAL BASE
6
7 WHEREAS, the Virginia Department of Transportation, in
8 cooperation with the Federal Highway Administration is constructing
9 a system of high occupancy vehicle (HOV) lanes in the South Hampton
10 Roads area; and
11
12 WHEREAS, the Council of the City of Virginia Beach
13 recognizes the importance of the HOV lanes as a vital component of
14 the City's roadway network and Master Street and Highway Plan; and
15
16 WHEREAS, the Tidewater Transportation District Commission
17 is participating in the development of the HOV lanes through its
18 role as the regional ridesharing agency; and is providing ride
19 matching, marketing, and promotional services in cooperation with
20 the Virginia Department of Transportation; and
21
22 WHEREAS, experience in other metropolitan areas which
23 have HOV lanes indicates that a park-and-ride element and an express
24 transit service element are essential to obtaining the full benefits
25 of the HOV lanes; and
26
27 WHEREAS, provision of park-and-ride lots, in conjunction
28 with HOV lane express transit services, will require the cooperation
29 and support of the Virginia Department of Transportation, the cities
30 in South Hampton Roads, and the Tidewater Transportation District
31 Commission to finance and implement these non-highway transit
32 elements of the HOV lane system, and
33
34 WHEREAS, the Council of the City of Virginia Beach
35 recognizes that operation of the express transit services may
36 require additional municipal funding beginning in Fiscal Year 1992-
37 93:
38
39 NOW, THEREFORE, BE IT HEREBY RESOLVED: That the Council
40 of the City of Virginia Beach requests that the Tidewater
41 Transportation District Commission proceed with development of the
42 express bus service with the understanding that Council will
43 participate in the selection of any future park and ride site.
44
45 ADOPTED by the Council of the City of Virginia Beach,
46
47 Virginia, this 3 day of March 1992
- 17 -
Item 11-J.1.
APPOINTMENTS ITEM # 35400
ADD-ON
A NOMINATION was made by Councilman Sessoms to APPOINT Vice Mayor Fentress and
Councilman Louis R. Jones as Council Liaisons to the City Manager's WATER TASK
FORCE.
A SUBSTITUTE MOTION was made by Counci Iman Lanteigne, seconded by Counci Iman
Brazier to DEFER APPOINTMENTS to the City Manager's WATER TASK FORCE until the
City Council Session of March 10, 1992.
Voting: 3-8 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
James W. Brazier, Jr., Pau I J. Lanteigne and Reba S.
McClanan
Council Members Voting Nay:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Mayor
Meyera E. Oberndorf, Nancy K. Parker* and William D.
Sessoms, Jr.
Council Members Absent:
None
*Councilwoman Parker changed her AYE VOTE to a VERBAL NAY.
- 18 -
Item 11-J.2.
APPOINTMENTS ITEM # 35401
ADD-ON
Upon NOMINATION by Councilman Sessoms, City Council APPOINTED:
City Manager's WATER TASK FORCE.
Vice Mayor Robert E. Fentress
Council Liaison
Voting: 8-1
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
Paul J. Lanteigne
Council Members Abstaining:
James W. Brazier, Jr. and Vice Mayor Robert E.
Fentress
Council Members Absent:
None
Councilman Brazier ABSTAINED based on his comments in EXECUTIVE SESSION.
Item 11-J.3.
APPOINTMENTS ITEM # 35402
ADD-ON
Upon NOMINATION by Councilman Sessoms, City Council APPOINTED:
City Manager's WATER TASK FORCE.
Louis R. Jones
Council Liaison
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr. Robert W. Clyburn,
Harold Heischober, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Voting Nay:
Paul J. Lanteigne
Council Members Abstaining:
Vice Mayor Robert E. Fentress
Council Members Absent:
None
- 20 -
Item 11-K.l.
NEW BUSINESS ITEM # 35403
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, city
Council ADOPTED:
Resolution directing the Planning Commission
recommend to City Counci I a proposed amendment to
Section 1501 of the City Zoning Ordinance allowing
outdoor recreational and amusement facilities as a
conditional use in the RT-1 District.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Requested by Vice-Mayor Fentress
1 A RESOLUTION DIRECTING THE PLANNING
2 COMMISSION TO STUDY AND FORWARD ITS
3 RECOMMENDATION TO THE CITY COUNCIL
4 CONCERNING A PROPOSED AMENDMENT TO
5 SECTION 1501 OF THE CITY ZONING
6 ORDINANCE
7
8
9 WHEREAS, Section 1501 of the City Zoning ordinance,
10 pertaining to permitted and conditional uses in the RT-1 district,
11 does not allow recreational and amusement facilities of an outdoor
12 nature to be operated within the RT-1 district, and
13 WHEREAS, the City Council desires the Planning Commission
14 to study and forward its recommendation to the City Council
15 concerning a proposal to amend the City Zoning Ordinance so as to
16 allow recreational and amusement facilities of an outdoor nature as
17 a conditional use in the RT-1 district.
18 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That the Planning Commission is hereby directed to study
21 and forward its recommendation to the City Council as to whether
22 section 1501(b) of the City Zoning Ordinance should be amended so
23 as to allow recreational and amusement facilities of an outdoor
24 nature as a conditional use in the RT-1 district.
25 The Planning Commission is further directed to forward
26 its recommendation within days of the date of the adoption
27 of this Resolution.
28 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
29 VIRGINIA, on the 3 day of March 1992.
30
31
32
33 CA-4568
34 1501.res
35 R-1
36
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 1501 OF THE
3 CITY ZONING ORDINANCE PERTAINING
4 TO USE REGULATIONS IN THE RT-1
5 RESORT TOURIST DISTRICT.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 1501 of the City Zoning Ordinance is hereby
9 amended and reordained to read as follows:
10 Section 1501. Use recjulations.
11 (a) Principal Uses and structures:
12 (1) Hotels and motels, which may have in conjunction with
13 them any combination of restaurants, outdoor cafes,
14 retail commercial use and convention facilities, provided
15 that uses in conjunction with hotels and motels may not
16 occupy more than ten (10) percent of the floor area of
17 all structures (excluding parking) located on the lot,
18 subject to the following:
19 (i) The structure enclosing the uses permitted in
20 conjunction with hotels and motels shall be fully
21 enclosed at all times by solid exterior walls and
22 roof with no exterior opening, other than
23 passageway doors as may be required by the
24 Virginia Uniform Statewide Building Code;
25 Such enclosed structure shall be located entirely
26 within the same structure enclosing the principal
27 use; and
28 No entrance or exit to a use permitted in
29 conjunction with hotels and motels shall be
30 located on the side of the structure facing the
31 boardwalk, unless such entrance or exit provides
32 access to a courtyard or intervening open area,
33 in which case such open area shall be fully
34 fenced or walled to a height of at least four (4)
35 feet and without any entrances or exits facing
36 the boardwalk. The only exceptions to this
37 condition apply to boardwalk cafes as permitted
38 by special regulations established in franchise
39 agreements approved by City Council.
40 (iv) Parking structures shall be permitted in
41 conjunction with hotels and motels provided that
42 ground level parking fronting Atlantic Avenue,
43 the boardwalk, or any public park or open space
44 is prohibited except for necessary access drives
45 and ramps.
46 (2) Public buildings and grounds;
47 (3) Public utilities installations and substations including
48 offices; provided storage or maintenance facilities shall
49 not be permitted; and provided, further, that utilities
50 substations, other than individual transformers, shall be
51 surrounded by a wall, solid except for entrances and
52 exits, or by a fence with a screening hedge five (5) to
53 six (6) feet in height; and provided also, transformer
54 vaults for underground utilities and the like shall
55 require only a landscaped screening hedge, solid except
56 for access opening.
57 (4) Bicycle rental establishments in conjunction with hotels
58 and motels, subject to the following:
59 (i) Such establishments shall be no less than two
60 hundred (200) feet in area and shall have minimum
61 dimensions of ten (10) feet by twenty (20) feet;
62 (ii) The area upon which bicycles are displayed shall
63 be paved and the perimeter thereof delineated by
64 811 x 811 timber curbing, except at the point of
65 ingress and egress;
66 (iii) No more than twenty (20) bicycles shall be stored
67 or displayed in the rental area at any one time,
68 repairs shall not be conducted in the rental
2
69 area, and no rental activity shall be conducted
70 on public property;
71 (iv) No more than one (1) sign identifying any such
72 establishment shall be permitted, and no such
73 sign shall exceed four (4) square feet per face
74 in surface area, be illuminated, or encroach into
75 any portion of the public right-of-way; and
76 (v) Points of ingress and egress of any such
77 establishment located adjacent to public property
78 shall be directly connected to the boardwalk
79 bicycle path by means of an existing sidewalk,
80 street or connector park.
81 (b) Conditional uses and structures: Uses and structures
82 hereinafter specified, subject to compliance with the provisions of
83 part C of article 2 hereof:
84 (1) commercial parking lots and parking garages.
85 (2) Heliports and helistops.
86 (3) Recreational and amusement facilities of an outdoor
87 nature, which may be t)artially or temiporarily enclosed on
88 a seasonal basis with adnroval of City Council, Provided
89 that, in the development of such properties, safeguards
90 are provided to preserve and Protect the existing
91 character of adiacent nroperties, excelpt that ridincr
92 academies and recreational camdarounds shall not be
93 allowed as a conditional use or otherwise.
94 Adopted by the Council of the City of Virginia Beach, Virginia
95 on the day of 1992.
96 CA-4569
97 \ordin\proposed\45-1501.pro
98 R-1
3
- 21 -
Item 11-K.2.
NEW BUSINESS ITEM # 35404
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
AGREED to ADD TO THE AGENDA:
Ordinance to AMEND and REORDAIN Section 37-21 of
the City Code re conservation of water during
emergencies and appeals to the Board.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 22 -
Item 11-K.3.
NEW BUSINESS ITEM # 35405
ADD-ON
Upon motion by Counci Iman Heischober, seconded by Counci lman Jones, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 37-21 of
the City Code re conservation of water during
emergencies and appeals to the Board.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
DEPARTMENT
APPROVED AS TO LEGAL
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 37-21 OF THE CITY CODE,
3 PERTAINING TO CONSERVATION OF WATER
4 DURING EMERGENCIES
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 37-21 of the Code of the City of Virginia Beach,
8 pe@taining to conservation of water during emergencies, be, and
9 hereby is, amended and reordained, and shall read as follows:
10 Sec 37-21. Conservation of water during emergencies
11 (a) Should the city council, at any tirne, declare there to be
12 an einergency existing in the city arising, either wholly or
13 substantially, out of a shortage of water supply, the city manager
14 or the director of public utilities is hereby authorized to order
is the restriction or prohibition of any or all of the following uses
16 of the water supply:
17 (1) Watering of shrubbery, trees, lawns, grass, plants or
is other vegetation, except from a watering can or other
19 container not exceeding three (3) gallons in capacity.
20 (2) Washing of automobiles, trucks, trailers or any other
21 type of mobile equipment, except in facilities operating
22 with a water recycling systera approved by the city, or
23 except from a bucket or other container not exceeding
24 three (3) gallons in capacity; provided, further, that
25 any facility operating with an approved water recycling
26 system must prominently display, in public view, a sign
27 stating that such a recycling system is in operation.
28 (3) Washing of sidewalks, streets, driveways, parking areas,
29 service station aprons, exteriors of homes, apartinents,
30 columercial or industrial buildings or any other outdoor
31 surface, except from a bucket or other container not
32 exceeding three (3) gallons in capadity.
33 (4) The operation Of any ornamental fountai'n or other
34 structure making a similar use of water.
35 (5) The filling of swimming or wading pools or the refilling
36 of swimining or wading pools which were drained after the
37 effective date of the order.
38 (6) The use of water from fire hydrants for any purpose other
39 than necessary governmental operations.
40 (7) The serving of drinking water in restaurants, cafeterias
41 or any other establishment, unless requested to do so by
42 the individual being served.
43 The above restrictions, or any of them, shall becolne effective upon
44 their being printed in any newspaper of general circulation in the
45 city, or broadcast upon any radio or television station serving the
46 city.
47 (b) Should the implementation of a.11 of the measures provided
48 for in subsection (a) above fail to preserve sufficient supplies of
4.9 water for the citizens of the city, the city manager and/or
50 director of public utilities are hereby authorized, in addition, to
51 order the imposition of specific allotments of water supply to each
52 customer, both residential and commercial, and to provide for a
53 surcharge of up to twenty dollars ($20.00) per one thousand (1,000)
54 gallons of water consumed in excess of such allocation. Such
55 allotment and surcharge shall be subject to ratification, within
56 ten (10) days, by the city council and shall remain in effect until
57 removed by like councilmanic action.
58 (1) Upon implementation of (a) or (b) above, the city manager
59 iiill shall appoint an appeals board consisting
60 of three (3) representatives (one from the city manager's
61 office, one from the health department, and one from the
2
62 finance department). The city attorney or his designee
63 shall serve as legal counsel to the board.
64 (2) The alleeatien appeals board ifi:ll shall be empowered to
65 review customer applications for exemptions
66 from the provisions of subsections (a) and (b) on a case-
67 by-case basis and, if warranted, to make equitable
68 adjustments to such alleeations Rrovisions. The board
69 shall also be empowered to establish regulations
70 governing the grantina of temiporary exemptions ai3i3licable
71 to all or some of the uses of the water supply set forth
72 in subsecti - board shall. in deciding
73 applications- . shii)s to the
74 applicant resulting from the imi)osition of water use
75 restrictions or m-
76 cumulative imt)acts to thp water suipply re.-lulting from the
77 granting of exemt)tions. individual app_lications shall be
78 decided by the board within two (2) weeks of receipt of
79 an application in nron@r form and containing all
80 necessary information.
81 (c) should all of the measures taken pursuant to subsections
82 (a) and (b) of this section prove insuf f icient to preserve
83 suff icient supplies of water for the citizens of the city, the city
84 manager or the director of public utilities is hereby further
85 authorized to restrict or disc6ntinue the supply of water to any
86 industrial or commercial activity which uses water beyond the
87 sanitary and drinking needs of its employees and invitees.
88 (d) Any person violating any provision of this section or any
89 order of the city manager or director of public utilities issued
90 pursuant to the authority granted hereunder shall be guilty of a
91 Class 3 misdemeanor. in addition, the city manager or director of
92 public utilities is hereby authorized to terminate the water
93 service, for the duration of the emergency, to any person convicted
94 of such violation.
95 (e) Nothing in this section shall be construed to prohibit
96 the city manager or the director of public utilities from
3
97 rescinding any orders issued hereunder when the conditions creating
98 the need for such orders have abated.
99 Adopted by the City Council of the City of virginia Beach
3 March
100 on the day of 1992.
101 CA-92-4577
102 /wmordres/37-2l.ord
103 R-1
4
- 23 -
Item Ii-K.4.
NEW BUSINESS ITEM # 35406
ADD-ON
Upon motion by Counci Iman Heischober, seconded by Counci [man Sessoms, City
Council AGREED to ADD TO THE AGENDA:
Resolution requesting the General Assembly enact
legislation re allocation of water from the Roanoke
River to the City of Virginia Beach and other areas
in Southeastern Virginia (SB 275/HB 488).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 24 -
Item 11-K.5.
NEW BUSINESS ITEM # 35407
ADD-ON
Upon motion by Counci lman Heischober, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Resolution requesting the General Assembly enact
legislation re allocation of water from the Roanoke
River to the City of Virginia Beach and other areas
in Southeastern Virginia (SB 275/HB 488).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I A RESOLUTION REQUESTING THE GENERAL
2 ASSEMBLY TO ENACT LEGISLATION
3 PERTAINING TO THE ALLOCATION OF
4 WATER FROM THE ROANOKE RIVER
5 WHEREAS, Senate Bill No. 275, pertaining to the allocation of
6 water f rom the Roanoke River to the City of Virginia Beach and
7 Southeastern Virginia, was introduced into the General Assembly in
8 its current session; and
9 WHEREAS, such bill provided that there would be allocated
10 sixty million gallons of water per day from the flow of the waters
11 of the Roanoke River f or the City of Virginia Beach and other
12 communities in Southeastern Virginia, such water to be withdrawn by
13 the City of Virginia Beach in accordance with certifications and
14 permits issued by the United States Army Corps of Engineers and the
15 Virginia Water Control Board; and
16 WHEREAS, a critical shortage in the public water supply of
17 Southeastern Virginia exists; and
18 WHEREAS, the development of an additional water supply for
19 Southeastern Virginia is necessary to protect the public health,
20 safety and welfare; and
21 WHEREAS, the development of such additional water supply would
22 be of general benefit to the Commonwealth of Virginia; and
23 WHEREAS, the aforesaid withdrawal of water has been
24 demonstrated conclusively to have no adverse environmental effects;
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27 That the General Assembly of the Commonwealth of Virginia, at
28 its current session, be, and hereby is, requested to enact
29 legislation containing the provisions of Senate Bill No. 275,
30 pertaining to the allocation of water from the Roanoke River.
31 CA-92-4587
32 \res\ordres\275.res ADOPTED: March 3, 1992
33 R-1
1992 SESSION
LD1767673
I SENATE BILL NO. 275
2 Offered January 21, 1992
3 A BILL allocating certain vi,aters of the Roanoke River to the public water supply for
4 Southeastern Virginia.
5
6 Patrons-Holland, C.A., Andrews, Earley, Miller, Y.B., Quayle, Stolle and Waiker-, Delegates:
7 Barlow, Copeland, Councill, Croshaw, Forbes, Forehand, Hamilton, Heilig, Jones, Purkey,
8 Stieffen, Tata, Wagner and Wardrup
9
10 Referred to the Committee on Agriculture, Conservation and Natural Resources
12 Whereas, a critical shortage in the public water supply exists in the City of Virginia
13 Beach and other communities in the southeastern region of the Commonwealth; and
14 Whereas, the development of an additional public water supply for the southeastern
15 region is necessary to protect the health, safety, welfare and other interests of the people
16 of the Commonwealth; and
17 Whereas, it is the policy of the Commonwealth, as set forth in SS 62.1-11, that the needs
18 of the people of the Commonwealth may require the water resources of the Commonwealth
19 be put to uses beneficial to the public; now, therefore,
20 Be it enacted by the General Assembly of Virginia:
21 1. SS 1. Sixty million gallons of water per day from the flow of the wate, of the Roanoke
22 River in the Com"tonwealth shall be allocated for the developrnent of an additional pliblic
23 ii,ater supply bv the City of Virginia Beacli to provide water for itself aild other
24 cot?znizinities in the southeastern region of the Comrnonwealth- The City of Virginia Beach
25 shall ivithdraw the water from the Pea Hill Creek tributary to Lake Gaston and shall
26 tran,@port the water by pipeline to .5otitheastern Virginia. The CitY of Virginia Beacli sh,li
27 withdraw and transport the water in accordance t4,ith certifications and permits issued by
28 the State Water Control Board and by the U.S. ARMY Corps of Engineers prsua,,t to th,
29 Clean Water Act and the Rivers and liarbor Act of 1899.
30 SS 2. Any activity authorized by SS I shall not require the consent of any county or
31 municipality, pursuant to SS 15.1-875, other than a coun@v or municipality in which some
32 portion of the pipeline or water intake structure is to be located.
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44 Official Use By Clerks
45 Passed By
46 Passed By The Senate The House of Delegates
without amendment 0 without amendment 0
47 with amendment 0 with amendment 0
48 substitute 0 substitute 0
49 substitute w/amdt 0 substitute w/amdt 0
50
51 Date: Date:
52
53 Clerk of the Senate Clerk of the House of Delegates
54
- 25 -
Item 11-K.6-
NEW BUSINESS ITEM # 35408
ADD-ON
Mayor Obern dor f ru led the SOUTHERN WATERSHED MANAGEMENT Bri ef!ng sha II be
SCHEDULED on the Formal Agenda under PRESENTATIONS for the City Council Session
ot March 10, 1992. This shall allow remarks by the citizenry.
The SOUTHERN WATERSHED MANAGEMENT Ord I nance sha I 1 be SCHEDULED f or the C i ty
Council Session ot March 24, 1992.
- 26 -
Item II-K.7.
NEW BUSINESS ITEM # 35409
ADD-ON
Councilwoman McClanan referenced the Transitional area and the Southern
Watershed Management Ordinance as to whether further information would be
provided. Robert J. Scott, Director of Planning, advised his Memorandum
summarizing the issues of the Transitional area and the Southern Watershed
Management Ordinance will be forwarded with the City Council Agenda. The City
Council has received a document (Ordinance and Comprehensive Plan Amendment),
which is the version recommended by the Planning Commission.
- 27 -
Item II-K.8.
NEW BUSINESS ITEM # 35410
ADD-ON
Counci I man C lyburn pub Ii call y expessed app rec i ation to the Honorab le Law rence
Douglas Wilder - Governor, Commonwealth of Virginia.
The Governor, by letter, has requested the Department of Commerce endorse the
City's Lake Gaston water project.
- 28 -
Item 11-K.9.
NEW BUSINESS ITEM # 35411
ADD-ON
Councilwoman McClanan advised APPOINTMENTS to the Greenways, Trails and
Bikeways Committee were not discussed duri ng the EXECUTIVE SESSION.
Counci lwoman McCianan requested these appointments be discussed in the next
Session, March 10, 1992.
- 29 -
Item 11-K.10.
NEW BUSINESS ITEM # 35412
ADD-ON
Upon motion by Councilwoman McCianan, seconded by Councilman Baum, City Council
SCHEDULED RECONSIDERATION of Condition Number 3 for the City Council Session ot
March 24, 1992, in the February 25, 1992, approved application ot TIDEWATER
GOLF CENTER for a Conditional Use Permit (golf driving range) at Shipps Corner
Road and Holland Road (PRINCESS ANNE BOROUGH).
The following condition shall be RECONSIDERED:
3. Forty-foot high safety netting must be installed
along both sides of the driving range for a
distance of 600 feet, as well as along the heavily
treed area adjacent to the Resource Management
Area component of the Chesapeake Bay Preservation
Area. Invisible safety netting shall be installed
along @hipps Corner Road and regular safety netting
may be installed along the heavily treed area in
the back until such time as development occurs when
the applicant volunteered to install invisible
netting in that area also.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
Item 11-L.l.
ADJOURNMENT ITEM # 35413
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 3:50 P.M.
(2@ @ /X/@
Beveril 0. Hooks, CMC
Chief Deputy City Clerk
@th HodgeSS Smith, CMC/,AAE Meyera E. Oberndort
City Clerk Mayor
City of Virginia Beach
Virginia