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HomeMy WebLinkAboutAUGUST 2, 1994 MINUTES "WORLD'S LARGEST RESORT CITY" (:ITY (;OUN(IIL 111@IN 1) .1@., N-1 I I IIHII@, 11 l@,,, CITY COUNCIL AGENDA -1:1 1. 11@l;INII f@l. 117 l@Ill@ AUGUST 2,1994 INFORMAL SESSION Council Chamber - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION FORMAL SESSION Council Chamber - 2:W PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Talmadge Thomas Markman, Jr. Charity United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES I . INFORMAL & FORMAL SESSIONS July 12, 1994 2. SPECIAL SESSION July 15, 1994 G. PUBUC HEARING 1. FY 1994-1995 SCHOOL OPERATING BUDGET PROPOSED INCREASES H. CITY MANAGER'S PRESENTATION 1. RESULTS - CITIZEN SATISFACTION SURVEY Pamela M. Lingle, Director, Public Information Office 1. CONSENT AGENDA All mafters 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 . Resolution to appoint Kenneth M. Goiski as Assistant City Attorney 2. Ordinance to DECLARE 0.66 acre as EXCESS PROPERTY adjacent to 5517 Whirlaway Road (Carolanne Farms Subdivision), in the petition of John and Geraldine Corneft; and, to AUTHORIZE the City Manager to dispose of same (KEMPSVILLE BOROUGH). DEFERRED: June 28, 1994 3. Ordinance to AUTHORIZE acquisition of property in fee simple for right-of-way re traffic safety improvements (CIP 2-816) at the intersection of First Colonial and Laskin Roads (Hilltop Loop); and, acquisition of temporary and permanent easements of right- of-way, either by agreement or condemnation (LYNNHAVEN BOROUGH). 4. Ordinance to GRANT a five (5) year lease of City-owned property, containing approximately 11,452.95 square feet, to Ronald W. and Judith N. Boone (Grantees) re a family-style restaurant (3656 Shore Drive) and related parking; and, to AUTHORIZE the City Manager to enter into a lease agreement with the Grantees (LYNNHAVEN BOROUGH). 5. Special Safety Improvement Program - Virginia Department of Transportation (VDOT) - City of Virginia Beach: a. Ordinance to ACCEPT and APPROPRIATE a $600,000 Grant to Traffic Safety Improvements (CIP #2-816); and, TRANSFER $60,000 within the Capital Improvement Program as the required City match. b. Resolution re eliminating safety hazards on Shore Drive from the West Gate of Fort Story to Atlantic Avenue (approximately 2.5 miles). C. Resolution re Euclid Road crossing of the Southern Railroad. 6. Ordinance to ACCEPT and APPROPRIATE $64,609 from the Virginia Department of Housing and Community Development re housing rehabilitation (Virginia Housing Partnership Fund's Indoor Plumbing/Rehabilitation Program). 7. Ordinance to ACCEPT and APPROPRIATE a $25,000 Grant from the Virginia Chesapeake Bay Local Assistance Department; and, TRANSFER $17,120 as a grant match from the General Fund Reserve for Contingencies re continuation of a full-time temporary Environmental Planner I position. 8. Ordinance to APPROPRIATE $19,500 in the Parks and Recreation Special Revenue Fund to establish an "After-School" program at LYNNH"EN MIDDLE SCHOOL for the 1994-1995 School Year. 9. Ordinances to TRANSFER from the General Fund Reserve for Contingencies to reimburse the Water and Sewer Fund re costs of water and sewer fees associated with Tidewater Builders Association (TBA) charitable gift constructions: a. Homearama Charity House $2,258 b. Scholarship House $2,060 10. Ordinance to authorize license refunds in the amount of $11,127.46. J. UNFINISHED BUSINESS K. NEW BUSINESS 1. COUNCIL-SPONSORED ITEM: a. Ordinance to AMEND and REORDAIN Section 6-122 of the Code of the City of Virginia Beach, Virginia, re beaches, boats and waterways. (Sponsored by: Councilman Robert K. Dean) L. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing Impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Dea@ 7/28/94/cmd AGENDA\8-2-94.ITM M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August Z 1994 M4yor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Buildiilg, on Tuesday, August 2, 1994, at 12:30 P.M. Council Members Present: John A. Bawn, Robert K Dean, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and IOuisa M. ,;trayh(,rit Council Members Absent: Linwood 0. Branck Ill if@NTERFD: EXECUTIVE SESSION] John D. Mosv if,@IEREI): EXECUTIVL SES,510N] Nancy K Parker [PNTf,,'RT,*D: F-XECUTTVE SESSION] Vice Mayor Sessoms, being a Corporate Officer of Ceritral Fidelity Bank, disclosed there were no matters on the agenda in which he has a '@ersonal interest" as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank The Ilice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may coine before City Council. Vice Mayor Sessotm' letter of August 2, 1994, is hereby made, a part of the record c3f -I'LIAM 0. SESSI)M VICE MAyo, GREENTREE l,, VIRGINIA BEACH, 'IRGINIA 1.5, August 2, 1994 Ruth Hodges Smith, CMC/AAE City Clerk Mu-iciPal Cente, Virginia Beach, Virginia 23456 Re: COnflict of Interests Act Dear Mrs. Smith: hich I might have an ac a Or y s reviewed the agenda for the August 2, 1994, meeting of Cit Council for the purpo e of identifying any matters in I In accordance with tny letter tO You dated August 10, 1993, 1 have thorough y Virginia Conflict of Interestw tu II Potential conflict unde, the s Act. Based on that review, p ease be advised that, to the best Of MY knowledge, there - no matters on the agenda in which I have a .. personal interest,,, as defined in the Act, either individual] y or in Bank. Accordingly, I resp MY capacity as an officer of Central Fidelity of the Council. ectfully -quest that you record this letter in the official recods Thank you for your assi-stance and cooperation in this matter. Very t-ly yours, vi Jr. Vice-Mayor WDS,Jr./clb - 2 - ITEM # 38246 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of @irginia, as amended for the following purpose: PERSONNEL MA 7TERL Discussion or consideragion of or interviews of prospective candidates for employment, assignmen4 appointment, promotiom performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Appointments: Boards and Commissic)ns: Arts and Humanities Commission Chesapeake Bay ASAP Policy Board Development Authority Parks and Recreation Commivvion Planning Council Public Library Board ,School Site Selection Committee Tidewater Translx@rtation Commission Transportation 5afely Commission ;rirginia Beach Crime TasA l,orce VML Committecs Wetlands Board Ifoard of Zoning Appeals Appointees: Assistant City Attorney LEGAL - Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provisions of legal advice by counsel pursuant to Section 2.1 - 344(A) (7). To-Wzt: Brendhan B, Harru c/L et al Lake Caston Litigation Upon motion by Vice @ayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert K Dean, Louis R. Jones, William W Harrison, Jr., Barbara M. Henley, Mayor Meyera F. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abserit: Linwood 0. Branch, III, John D. Movs and Nancy K Parker August 2, 1994 - 3 - FORMAL SESION VIRGINL4 BEACH CITY COUNCIL August 2, 1994 2:00 P.M. Mayor Meyera E. Oberndo?f called to order the FORMAL SESSION of the VIRGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 2, 1994, at 2:00 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, Robert K Dea?L William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None IN-VOC4TION., Reverend Talmadge Thomas Mark?nan, Jr Charity United Methodist Church PLEDGE OF AL,LEGIANCE TO THE FL4G 0 August Z 1994 4 Item II-E.I. CERTIFIC4TION OF EXECUTIVE SESSION ITEM # 38247 Upon motion by Vice Mayor Sessona, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTrVE 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 5ession to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were hcard, discussed or considered by Virginia Beach City CounciL Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E Oberndorf Nancy K Parker, rice Mayor William D. Sessolm, Jr. and louisa M. @trayhorn Council Members Voting Nay: None Council Members Absent: None August 2, 1994 Ott CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 38246, Page No. 2, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certiflcation by the goveming 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 membcr's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law wcrc discussed in Executive Session to which this certification rcsolution applies; and, (b) only such public business matters as wcre identified in the motion convening this Executivc Session were heard, discussed or considered by Virginia Beach City Council. R6th Hodges Sm-ith,'CMC/AAE City Clerk August 2, 1994 5 Item II-F,]. MINUTES ITEM # 38248 Upon motion by Yice Mayor Sessonts, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORM,4L SESSIONS of July 12, 1994. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louiva M Strayhorn Council Members Voting Nay: Non e Council Members Abstaining: Louis R. Jones and John D. Moss Council Members Absent: None Council Members Jones and Moss ABSTAINED as they were not in attendance during the City Council Session of July 12, 1994. August 2, 1994 6 Item 11-F.2 MINUTES ITEM # 38249 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the SPECIAL SESSION of July 15, 1994. Voting: 10-0 Council Members Voting Aye: John A. Bawn, Linwood a Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, @ice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Non e Council Members Abstaining: Louis R. Jones Council Members Absent.- None Councilman Jones ABSTAINED as he was not in attendance during the Special Session of July 15, 1994. August 2, 1994 - 7 - Item II-G. PUBLIC HFARING ITEM # 38250 Mayor Oberndorf DECLAPED a PUBLIC HFARING: FY 1994-1995 SCHOOL OPERATING BUDGET PROPOSED INCREASES 7here being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. August 2, 1994 8 CITY MANAG ER'S PRESEN TA TI ON RESULTS - CITIZEN SATISFACTION SURVEY ITEM # 38251 Pamela M. Lingle, Director - Public Infornwtion Office - presented information relative the second Citizen Satisfaction Survey conducted by the City of Pirginia Beach. Ihe goal was to have information available to City Council for their Leadership and Goal Setting Retreat. Information obtained through the telephone survey provides an indication of "how we are doing' overall and in special service areas, and provides comparative data to the 1993 Citizen Satisfaction Survey. 7he Management Leadership Team provided revisions to the 1993 questionnaire for 1994. 7he project was coordinated by the Office of Public Information and staff with survey research backgrounds from the Department of Police and Management and Budget who also refined and revised the qu(-Ntionnaire based on the results from the 1993 survey. 7he survey was conducted by the Issues and Answers Network, Inc., a Virginia Beach firm, which was selected using a competitive process. 7he survey was administered the second week of June and 501 interviews were completed 7he telephone survey was based on a 95% confidence level and a plus or minus 4.38% margin of error. According to statistical theory, if all rzrginia Beach citizens 18 years and older were interviewed using this questionnaire, the chances are 95% that their revonses would be within plus or minus 4.38% of the ones found in the sample. The results are reliable when applied to the overall population and speci)7c subgroups of the population (gender, zip codes, race), since the sample was stratified according to demographic characteristics. Mrs. Lingle introduced Stacey Ilershberger, Management and Budget Analyst, who has compiled the wriffen report. Stacey Hershberger depicted through the use of slides, the Citizeit Sativfaction Survey. Nine out of Ten citizens are satisfied with overall City services. SER14CE USAGE AND SATISFACTION LEVEL FOR USERS OF SERI,7CES Percent of Individuals Using Service % of Users Satisfied Dissatiyfted No Opinion Service 1993 1994 1993 1994 1993 1994 1993 1994 Parky 75.3% 72.917. 97.7vl. 97.001. 2.0% 2.5% 0.3% 0.5% Pubfic Beaches 70.4% 66.3% 88.2% 93.1% 11.8% 6.6% 0.0% 0.3% City Waste 94.5% 91.2% 84.Oclo 86.001. 15.1% 14. OC/@ 0.9% 0.0% Collection Serpices City Golf .0% 2.4% Courses Nine out of ten citlens continue to be satisfied with convenience of access to City services. Citizens feel valued as customers. Nine out of ten citizens feel ;rirgiriia Beach and their particular neighborhoodv are a safe places to live. Relative Citizen Participation and contact with City Government, the chart depicts positive results in 1993 and 1994. August 2, 1994 9 CITY MANAG ER'S PRES EN TA TI ON RESULTS - CITIZEN SATISFACTION SURVEY ITEM # 38251 (Continued) OPPORTUNITIES FOR CONTINUOUV IMPROVEMENT % Dissatisfied Service 1993 1994 Planning for renidential 29% 36% growth and development Storm water drainage 35% 33% City streets and roads 27% 32% Parking facifities at the ocean 44% 26% front and Municipal Center Services for the homeless 27% 21% City water and sanitary sewer 26% 21% services 7his information is also being provided to Department Directors to focus their efforts on improving services. Directors are encouraged to retain additional information and clarification through user surveys and focus groups. Cross tabulation of the survey information can be provided. Copies of the Citizen Survey report will be available in the City Libraries within 24 hours and will be made available to the media. Public Information will be pleased to mail this survey, as requested Public Information requests annual Citizen Satisfaction Surveys continue to be con(lucted through 1995 to determine a base kne data. August 2, 1994 - 10 - Item II-G. CONSENT AGENDA ITEM # 38252 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION, Items 1, 3, 5 alblc, 6, 7 and 10 of the CONSENT AGENDA. Items 2, 4, 8 and 9 of the CONSENT AGENDA were pulled f()r a separate vote. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Dean, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D. Sessoms, Jr. and Louisa M. @5trayhorti Council Members Voting Nay: None Council Members Absent.- None August 2, 1994 Item II-G.1 CONSEA'T AGENDA ITEM 38253 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to aplvint Kenneth M. Golski as Assistant City Attorney Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, WzUiam W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D. Sessorm, Jr. and Louisa M. @trayhorn Council Members Voting Nay: None Council Members Absent: None August 2, 1994 1 A RESOLUTION APPOINTING KENNETH M. 2 GOLSKI AS ASSISTANT CITY ATTORNEY 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA: 5 That pursuant to S 2-166 of the City Code, Kenneth M. 6 Golski is hereby appointed as Assistant City Attorney. 7 Adopted by the Council of the City of Virginia Beach, 8 virginia, on the day of August 1994. 9 CA-5673 10 ORDIN\NONCODE\APPOINT.RES 11 R-1 12 PREPARED: 07/22/94 - 12 - Item II-G,2 CONSEA7 AGENDA ITEM # 38254 Attomey Edward Bourdon, Pembroke One Building, Fifth Flo(,r, Phone: 499-8971, represented the applicant Robert G. Hicks, 556 "irlaway Road, Phone: 497-4129, spoke in OPPOSITION andpresentedpetitions containing 65% of homeowners or renters in Carolanne Farms. Said petitions are hereby made a part of the record. Upon motion by Council Lady @trayhorn, seconded 4y Councilman Baum, City Council ADOPTED: Ordinance to DECLARE 0.66 acre as EXCESS PROPERTY adjacent to 5517 "irlaway Road (Carolanne Farms Subdivision), in the petition of John and Geraldine Comeu,- and, to AUTHORIZE the City Manager to dispose of,@ome (KEMPS117LIE BOROUCll). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorti Council Members Voting Nay: Non e Council Members Absent: None August 2, 1994 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the City of Virginia Beach acquired ownership of the following described property by Deed recorded in Deed Book 2225, at Page 2041; and WHEREAS, the City Council is of the opinion that the following described property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is authorized to convey said property in the manner he deems in the best interests of the City of virginia Beach reserving therein any and all easements pertaining thereto, and further that such property be declared in excess of the needs of the City and is more particularly described as follows: ALL THAT CERTAIN lot, piece or parcel of land situate in the Kempsville Borough of the City of Virginia Beach, Virginia located south and east of Lot 48, Block G, Subdivision of Carolanne Farm, Section Two, being more particularly described as Beginning at the Southeast corner of YKES, CARNES, BOURDON the City Pump Station lot; thence South 131 31' & AHERN, P. C. A@ORNEYS AT @W 35" West 18.03 feet to a point; thence South 64' 36' 38" West 22.46 feet to a point; thence South 371 17' 26" West 27.18 feet to a point; thence South 211 02' 18" West 48.96 feet to a point; thence South 691 02' 14" West 38.52 feet to a point; thence South 551 14' 1611 West 92.56 feet to a point; thence South 601 59' 13" West 45.92 to a point; thence North 131 31' 35' East 160.00 feet to a pin at the Southwest corner of Lot 48; thence South 671 11' 40" East along the southern lot line of Lot 48 91.20 feet to a pin; thence North 131 31' 35" East along the eastern lot line of Lot 48 82 . 22 feet to a point at the Southwestern corner of the City Pump Station lot; thence South 761 28' 25" East 72.00 feet to the Point of Beginning. Said property being a portion of the property shown on that plat entitled "RESUBDIVISION OF PROPERTY, LOT 48 AND PART OF PARCEL A, BLOCK G, SUBDIVISION OF CAROLANNE FARM, SECTION TWO, KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA", prepared by Gallu@ Surveyors & Engineers, Ltd.. SEE ATTACHED PLAT ENTITLED RESUBDIVISION OF PROPERTY, LOT 48 AND PART OF PARCEL A, BLOCK G, SUBDIVISION OF CAROLANNE FARM, SECTION TWO. 2. The parcel shall be combined with the adjoining property of the Petitioners into one parcel. 3. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 - day of -August -, 1994. '@3 :0 COI@-IENT SIGI DEPA.R@ME'4T SYKES, CARNES, BOURDON APPROVED AS TO & AHERN, P C, 4427i LEGAL SUFFICIENCY A@ORNEYS AT LAW 2 A three-quarters Council vote is required for adoption of this Ordinance. PETITION TO DECLARE CERTAIN PROPERTY EXCESS AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS PROPERTY OWNER P E T I T I Q N i TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioners, JOHN CORNETT and GERALDINE CORNETT husband and wife, by counsel, respectfully represent as follows: 1. That Petitioners apply to the Mayor and the Council of the City of Virginia Beach, virginia, for an ordinance declaring the hereinafter described property to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey the property to the Petitioners upon payment of fair market value as determined by qualified appraisal and in accordance with City policy. 2. That your Petitioners own the property contiguous to the hereinafter described property and are the only property owners contiguous to said site. And that further the hereinafter described property has no utility unless joined to the contiguous property of Petitioners. 3. The property your Petitioners are asking to be declared in excess of the needs of the City of Virginia Beach so that they may purchase same is hereby described as follows: ALL THAT CERTAIN lot, piece or parcel of land situate in the Kempsville Borough of the City of Virginia Beach, Virginia located south and east SYKES, CARNES 8OUROON of Lot 48, Block G, Subdivision of Carolanne & AHERN PC, A@ORNEYS AT LAW Farm, Section Two, being more particularly described as Beginning at the Southeast corner of the City Pump Station lot; thence South 13' 31' 35" West 18.03 feet to a point; thence South 641 361 38" West 22.46 feet to a point; thence South 371 17' 26" West 27.18 feet to a point; thence South 211 02' 18" West 48.96 feet to a point; thence South 691 02' 14" West 38.52 feet to a point; thence South 55' 14' 16" West 92.56 feet to a point; thence South 60' 591 13" West 45.92 to a point; thence North 13' 31' 35" East 160.00 feet to a pin at the Southwest corner of Lot 48; thence South 671 11' 40" East along the southern lot line of Lot 48 91.20 feet to a pin; thence North 131 31' 35" East along the eastern lot line of Lot 48 82 . 2 2 feet to a point at the Southwestern corner of the City Pump Station lot; thence South 761 28' 25" East 72.00 feet to the Point of Beginning. Said property being a portion of the property shown on that plat entitled "RESUBDIVISION OF PROPERTY, LOT 48 AND PART OF PARCEL A, BLOCK G, SUBDIVISION OF CAROLANNE FARM, SECTION TWO, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", prepared by Gallup Surveyors & Engineers, Ltd.. SEE ATTACHED PLAT ENTITLED RESUBDIVISION OF PROPERTY, LOT 48 AND PART OF PARCEL A, BLOCK G, SUBDIVTSION OF CAROLANNE FARM, SECTION TWO. it being a portion of that property conveyed to the City of Virginia Beach from Kempsville Utilities Corporation by Deed in Liquidation dated November 4, 1982 which Deed is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 2225, at Page 2 04 1 . 4. That no inconvenience will result to any person or property owner by reason of the sale of the hereinabove described property. WHEREFORE, your Petitioners pray that the Mayor and SII(ES. CARNES, BOURDON City Council of the City of Virginia Beach, Virginia, declare & AHERN, P C ATTORNEYS AT @W 2 the hereinabove described property to be in excess of the needs of the City of Virginia Beach and to authorize the City manager to convey same to your Petitioners upon payment to the City of Virginia Beach, for the fair market value of said property as determined by qualified appraisal. Respectfully submitted, Jo ORNETT By R. Edward Bourdon, Jr., Esquire SYKES, CARNES, BOURDON & AHERN, P.C. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 (804) 499-8971 4426i SIKES, CAFINES BOURDON & AHEFIN, P C@ A@ORNEYS AT @W 3 EA@TERN.- 6R OF ELIZABE ZONING MAP 0<0 U- LO:Z O,Z<, 6- ;8,. 2, --- 0 F-,) V) . @:.,!. i 2, ., z (r z 0 0 < -j FA a-m m 0 LLJ IZ5 LLI0 gag'. 3 L . 10 14 0. af @ l", < V l3DhNd -40 SN A@ VD ^O - 13 - -G. CONSEAT AGENDA ITEM # 38255 Upon motion by Vice Mayor Vessoms, seconded by Councilman Brancl4 City Council ADOPTED: Orifinance to AUTHORIZE acquisition of property in fee simple for right-of-way - traffic safety i-provements (CIP 2-816) at the intersection of First Colonial and Laskin Roads (Ifilltop Loop); and, acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation (LYNNMVFN BOROUCH). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert Y- Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy Y- Parker, Vice Mayor William D. Sessoms, Jr. and Ic)uisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None August 2, 1994 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR RIGHT OF WAY FOR TRAFFIC 4 SAFETY IMPROVEMENTS (CIP 2-816) AT 5 THE INTERSECTION OF FIRST COLONIAL 6 ROAD AND LASKIN ROAD AND THE 7 ACQUISITION OF TEMPORARY AND 8 PERMANENT EASEMENTS OF RIGHT OF WAY, 9 EITHER BY AGREEMENT OR CONDEMNATION 10 WHEREAS, in the opinion of the Council of the City 11 of Virginia Beach, Virginia, a public necessity exists for the 12 construction of this important roadway to provide transportation 13 and for other public purposes for the preservation of the safety, 14 health, peace, good order, comfort, convenience, and for the 15 welfare of the people in the City of Virginia Beach: 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, VIRGINIA: 18 Section 1. That the City Council authorizes the 19 acquisition by purchase or condemnation pursuant to Sections 15.1- 20 236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq., 21 Title 25-46.1 et seq., Code of Virginia of 1950, as amended, all 22 that certain real property in fee simple, including temporary and 23 permanent easements of right of way as shown on the plans entitled 24 "RIGHT-OF-WAY ACQUISITION AT HILLTOP LOOP," these plans being on 25 file in the office of Real Estate Department of Public Works, 26 Virginia Beach, Virginia. 27 Section 2. That the City Manager is hereby 28 authorized to make or cause to be made on behalf of the City of 29 Virginia Beach, to the extent that funds are available, a 30 reasonable offer to the owners or persons having an interest in 31 said lands. If refused, the City Attorney is hereby authorized to 32 institute proceedings to condemn said property. 33 Adopted by the Council of the City of Virginia 34 Beach, Virginia, on the 2 day of August 1994. 35 CA-5655 36 NONCODE\CA5655.ORD 37 R-1 A@PROVED AS TO CONTENTS o' @,u,,W- SIGNATURE DEPARTMENT APPROVED AS TO LEGAL PUFFIC7,NCY ANI? FORM CITY ATTORNEY - 14 - Item II-G.4 CONSEAT AGENDA ITEM # 38256 Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED, AS AMENDED: Ordinance to GRANT a five (5) year lease of City-owned property, containing approximately 11,45295 square feet, to Ronald W. and Judith N. Boone (Grantees) re a family-style restaurant (3656 Shore Drive) and related parking; and, to AUTHORIZE the City Manager to enter into a lease agreement with the Grantees (Li@!;E-M BOROUGF)) (BAYSIDE BOROU(;Il). Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dea?4 William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr, and Louisa M. Strayhorn Council Members Voting Nay: John D. Moss Council Members Absent: None August 2, 1994 I AN ORDINANCE GRANTING A FIVE (5) YEAR LEASE TO 2 RONALD W. BOONE AND JUDITH N. BOONE, HUSBAND 3 AND WIFE ("GRANTEES") FOR THE LEASE OF CITY- 4 OWNED PROPERTY CONTAINING APPROXIMATELY 5 11,452.95 SQUARE FEET IN THE BAYSIDE BOROUGH 6 FOR A FAMILY-STYLE RESTAURANT AND RELATED 7 PARKING, AND AUTHORIZING AND DIRECTING THE 8 CITY MANAGER TO ENTER INTO A LEASE AGREEMENT 9 WITH THE GRANTEES. 10 WHEREAS, the City of Virginia Beach owns property located 11 on Shore Drive in the Bayside Borough containing approximately 12 11,452.95 square feet as more particularly described on the plat 13 entitled "PROPOSED LEASED AREA 11,452.95 SQ. FT." "LOUDOUN PARK" 14 "PHYSICAL SURVEY OF LOTS 1, 14, 15 a 16, BLOCK 14 PLAT SECTION "B" 15 OF OCEAN PARK," dated July 29, 1993, prepared by W. M. Holmes, Land 16 Surveyor, P. C. , which is attached hereto as Exhibit A (hereinafter 17 referred to as the "Property"); 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 19 CITY OF VIRGINIA BEACH, VIRGINIA: 20 That the City Manager is hereby authorized and directed 21 to enter into a lease with Ronald W. Boone and Judith N. Boone 22 (Grantees) for the property described in Exhibit A, such lease to 23 be in substantial conformity with the lease agreeinent attached 24 hereto as Exhibit B. 25 Adopted by the Council of the City of virginia Beach, 26 virginia on the 2 day of August 1994. 27 CA-5654 28 \ORDIN\NONCODE\CA5654.LSE 29 R-2 30 August 2, 1994 A4.) TIDAT 'HE n@E L @ES AN[) EXHIBIT A ITS IMP-@VEMENTS STAND STRICTLY OR VISIBLE EASEMENTS E)(CEPTA SIGNED 0 4 4k Ln x 0 -f7 ;o ;t co z 0 0 0 0 0 z -4 cn 0 @o > 0 C) TI) 5 ip @.- 1- 5n > n m GQ -1 n c k'-D.'S TO UE IN 'A 4- @o-,, Zc,,E EXHIBIT B THIS AGREEMENT, mads this day of by and between THE CITY Ot VIRGINIA B.. corporation of the Commonwealth of Virginia, hereinafter reforred to as "City", party of the first part, and RONALD W. BOONE and JUDITH N. BOONE, husband and wife, herein&fter referred to as "Tenant", party of the second part (even though more than one)i THAT, WHEREAS, the City is the owner in fee simple of the hereinafter described property, and has been requegtcd by the Tenant to lease said property for five years or until such time as the City, for any reason whatsoever, desires to retax* possession of the said property; and WHER@, said property is not presently in use or occupied by the City in carrying out its purposes and functions; and WHEREAS, said property abuts certain property owned and occupied by Tenant, and Tenant desires to utilize saicl property as an adjunct to Tonantlo abutting property, &rl.l WHERFAS, Tenant agrees, in addition to the other covengknts and agreements contained herein, to assume full responsibility for the maintenance of any and all improvements .placed on the property by the Tenant, aiid to maintain the property in an &eothatioally desirable manher. NOW( THEREFORE, THIS LEASE AGREEMENT WITHESSETHT That the City, for and in oonoideration of the rent hereinafter reserved and the acceptance by the Tenant of the covenants and agreement hereinafter mentioned, doth hereby lease and rent to the Tenant the following described property, to-wit: All that certain lot, tract or parcel of land together with the improvements thereon belonging, lying, situated and being in the City of virginia Beach, Virginia and designated and described as: "PROPOSED LEASED AREA 11,452-95 SQ.FT." as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOTS 1, 14, 15 a 16, BLOCK 14 PLAT SECTION "B" OF OCEAN PARK BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA FOR RONALD BOONE E, JUDITH BOONE WARD M. HOLMES LAND SURVEYOR, P.C." a copy of which is attached hereto as "Exhibit All and made a part hereof, to which reference is made for a more particular description. This lease is subject to any easements or restrictive covenants of record, if any. It is mutually covenanted, understood and agreed between the parties hereto, as follows, to-wit: 1. The Tenant covenants to pay as rent for the premises above described the sum of Five Thousand ($5,000.00) Dollars in advance on the first day of and every of each year thereafter during the continuance of this lease. Such payments shall be made without any offset or deductions whatsoever and shall be made without the necessity of a formal demand. Payment shall be made only by check or money order and shall be drawn payable to the "Treasurer e Cit and mailed to the Director of Finance, City Hall Building, Municipal Center, Virginia Beach, Virginia 23456, attention: Larry Davenport. 2. The term of this lease shall be for a period of 2 five years from the date hereof and shall expire on the day of 19 3. Notwithstanding any conditions herein to the contrary, it is expressly agreed that Tenant's leasehold interest in and to the said property shall be subject to the following conditions: ight at any time without A. The city reserves the r prior notice to instruct its personnel to enter upon said property if required to do so in pursuance of its responsibilities, provided, however, that the City shall make every reasonable effort not to disrupt the business of Tenant in the exercise of such routine entries. B. The parties hereto acknowledge that the City has certain powers, purposes, and responsibilities. The parties zgree that in the event that the discharge of its responsibilities thereunder require it, the City shall have the right to require the immediate dismantling of any and all of the improvements on said property, with the exception of pavement, within four hours after notice is given to Tenant or any of his managerial agents. Under such circumstances, the City shall have the right to utilize said property solely and exclusively, and Tenant agrees to surrender possession and control thereof during such time as the City deems it necessary to utilize said property for said purposes. C. Further, the City reserves the right at any time and for any reason to terminate this lease by giving notice in 3 writing to Tenant thirty (30) days or more in advance of such termination. Any rent paid in advance by Tenant shall be returned by the City in an amount to be prorated according to the actual period of occupancy. 4. Tenant agrees that he will maintain the improvements placed upon said property in a safe, clean, ana orderly condition; that he will be responsible for the orderly conduct of his patrons when on such property to the same extent as he is responsible for their conduct on the remainder of his property; and that he will act immediately in response to any notices by the city with reference to the foregoing. 5. Tenant shall use the premises for a family-style restaurant and related parking. Tenant shall comply with all laws, rules, and regulations of City and all other governmental ,@authorities with respect to its use of the premises, and shall not make, suffer, or permit any unlawful, improper, or offensive use of such property or permit any nuisance thereon. It is expressly understood and agreed that all activities on the premises are solely that of Tenant and Tenant, in no way, represents or acts on behalf of city or any department thereof. Tenant shall use the premises only for the purposes listed herein, and any other use thereof unless necessarily incidental to such listed and allowed uses shall constitute a breach of the Lease and may cause its immediate termination. 6. Tenant agrees that at the expiration of this 4 lease, or upon termination thereof pursuant to the terms hereof, he will promptly restore said property to the same condition in which it existed prior to his occupancy, with the exception of the removal of any pavement thereon. 7. With regard to the property leased hereby, Tenant agrees to indemnify and save harmless the City and all their employees from and against all losses and expenses incurred Ibecause of claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against them by reason of any injuries to property or person, including death, occurring on said land or arising out of Tenant's use of said land. Tenant further agrees to maintain and pay for such insurance as is necessary to effectuate the foregoing purposes, and further agrees that the City shall be named in such insurance policy as named insured. 11 In this connection, Tenant agrees to amend the present comprehensive general liability insurance to include the leased property in an amount not less than $1,000,000-00, combined single limits f such insurance policy or policies. It is the intent of this agreement that Tenant shall assume all responsibilities and liabilities, vested, or contingent, with relation to the property leased hereunder. 8. The City shall have no responsibility or repairs to said premises during the obligation to make any continuance of this lease. City reserves the right to make repairs, at its option, if it so desires to do and it shall have 5 the right to enter upon the premises and make a detailed inspection of the property for this purpose and also for the purpose of ascertaining that the covenants of this lease are being satisfactorily performed by the Tenant. City shall not be liable to the Tenant or to any other person for any loss or damage occasioned by failure to keep said premises in repair, or resulting from any latent or patent defect in said premises, nor for any damage arising from any act or neglect of any occupant of the same premises or of adjunct or contiguous property. 9. The Tenant shall not make any alteration or additions to the premises or other improvements without first obtaining City's written approval. The lessee further agrees to close the two southernmost entrances shown on the attached exhibit that border the paved section of Shore Drive so as to restrict the ingress and egress to the property hereby leased. Access to the property is to be via Rockbridge Road and Dinwiddie Road only. The lessee shall submit for approval a traffic control plan to the City of Virginia Beach, Department of Public Works/Traf f ic Engineering Division showing the closure of the aforesaid entrances and the restricted ingress and egress. 10. If default shall be made in the payment of the rent or any part thereof, or if default be made in the performance of any of the covenants or agreements herein contained to be kept by the Tenant, or if the premises or any part thereof shall be vacant, the City or its representatives 6 may without notice to the Tenant, declare the terms of this lease ended and re-enter the said premises or any part thereof. Such action shall be without prejudice to any remedies, which might otherwise be used for arrears of rent or for the breach of covenants. Tenant hereby expressly waives the service of any notice in writing of intention to re-enter. City shall be the sole judge of what shall constitute a violation of the covenants or agreement contained herein. ii. If at any time during the term of this lease, the Tenant should be adjudged as bankrupt or insolvent by any federal or state court of competent jurisdiction, such adjudication shall terminate and cancel this lease without any further action on the part of either party hereto, and the City may at once re-enter and take possession of said premises. 12. Any notice required in writing hereunder shall be by registered mail directed to the following addresses: City of Virginia Beach Ronald W. Boone c/o Larry Davenport Judith N. Boone Office of the Director of Finance c/o Judy Boone Realty, Inc. City Hall Building 809 E. Ocean View Avenue iMunicipal Center Norfolk, Virginia 23503 Virginia Beach, Virginia 23456. Possession of a return receipt duly signed by the City or Tenant, or his agent, shall be prima facia evidence of the receipt of such notice. Notice may, in addition, be served in any other manner provided by law. 13. This lease agreement is an integrated instrument and no other consideration, representation, parole promise, agreements, or conditions, other than those set forth above have 7 boon Made - 14. This Leage may not be assigned Or transferred and the leased premifes IMOY not be sublet, either in whole 5r in part, by Tenant without Cityfe prior written consent. 15. Thig Lease affects only that property dfisignated on th* plat attached hereto as "EXHIBIT Allf "PROFQSED LLASE AREA 11,452.95 SQ. FT.'-, fronting on Shore Drive a.-Id 4 portion of the area shown as Loudoun Park. This Lease does not grant any rightS or privileges with regard to city right of way located on Dinwiddia Road or Rockbridge Road, ilwe, the undersignod Tenant aforesaid, hereby accept all of the terms and conditions set forth above and hereby covenant and agree to assume all of the charges enumorated herein to comply with all the provisions herein set forth. wiTNEss the following signatures and seals; CITY OF VIROXNIA BEACH By c ty manager/ u hor Z* (SEAL) Designee of city Manager ATTRST: EAL) APPROVED AS'l-0 LEGAL SUI-Fll-,IEI@. -Y EAL) ATTEST: secretary STATE OF VIRGINIA CITY OF VIRGINIA BEACH, tO-Wit: I , I a notary public in and for the city and state aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, on behalf of the City of Virginia Beach, Virginia, whose name is signed to the foregoing writing, bearing date the day of 19_, has acknowledged the same before me in my city and state aforesaid. Given under my hand this day of 19 Notary Publ c my commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, I a notary public in and for the city and state aforesaid, do hereby certify that RUTH HODGES SMITH, CITY CLERK, on behalf of the City of Virginia Beach, virginia, whose name is signed to the foregoing writing, bearing date the day of lg_, has 9 in my city and StatO aforescid. acknowledgad th* samc bofore GiVen under lY hiand this day of 3.9 NOtary my Commission Expir*S: STATIE OF CITY OF to-Wit: , a nqtary pAblic in and for th8 C ereby certify th&t RONALO w. BOONE and JUDITH N- BOONE, whose naMeB ed tg the fore.901ng writinci, @earing date the day of 19@v , have acknowledcjed the same before Me in state aforesaid. iven uhder iny hand thio day of -, 19 q / . commission Expi @/O;v /y @ 10 -R-A- Y LOCATION MAP SEE GRID EIO 8 ITE 12 1 3 JoiDs tfap 12 9 2.1 ...... 15 - e CONSEAT AGENDA ITEM # 38257 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Special Safety Improvement Program - k-irginia Department of Transportation (VDOT) -City of Virginia Beach: Ordinance to ACCEPT and APPROPRL4TE a $600,000 Grant to Traffic Safety Improvements (CIP #2-816); and, TR4NSFER $60,000 within the Capital Improvement Program as the required City match. Resolution re eliminating safety hazard@v on Shore Drive from the West Gate of Fort,5tory to Atlantic Avenue (approximately 2.5 milev). Resolution re Euclid Road crossing of the Southern Railroad. Mayor Oberndorf advised relative the improvements, a resident of 82nd Street, has requested the City install two @a 25-miles an hour signs on his curb, one facing the east and other facing the west. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jonev, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louiva M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None August 2, 1994 I AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT 2 FROM THE STATE IN TEE AMOUNT OF S600,000 TO 3 PROJECT #2-816 TRAFFIC SAFETY IMPROVEMENTS AND 4 TRANSFER $60,000 WUM THE CAPffAL IMPROVEMENT 5 PROGRAM AS THE REQUIRED CffY MATCH FOR THE PURPOSE 6 OF ELIMINATING TRAFFIC HAZARDS ON SHORE DRIVE 7 AND ON EUCLID ROAD 8 @REAS, the Virg@a I)epartment of Transportation (VDO'I') has accepted an application from the City 9 and awarded a $600,000 total grant for eliminating traffic hazards on Sh(,re Drive ($550,000) and on Euclid Road I 0 ($50,000); 1 1 @REAS, improvernents under consideration for Shore I)rive from the intersection of 83rd Street to the 1 2 west gate entrance at Fort Story, will be designed to alleviate the seventy -)f accidents along Lhis corridor; 1 3 WHEREAS, improvements under consideration for Euclid Road, at the intersection of the Southem Railroad 1 4 crossing, will be designed to reduce the potential for ftiture accidents at th i., railroad crossing@ 1 5 V&MREAS, the grant requires a I 0% match in lc>cal l'unding, or $60,000, 1 6 @REAS, there is $60,000 available from surpluses within the (:apital Improvement Program to provide the 1 7 required match in city ftmds, 1 8 NOW, THEREFORE, B17 IT ORI)AINED BY THE COUNCII, OF'FHE CITY OF VIRGINIA BEACH, 1 9 VIRGINIA, that the grant from the State in the amount of $600,000 fOF hazard elimination be accepted and 20 appropriated to Project #2-816 Trafl-ic Safety Improvements@ 2 1 BE IT FURTHER ORDAINEI) that the $60,000 in required citn matching ftmds be transferred from surplus 22 funds within the Capital Improveinciit Program, as follows 23 FROM: #2-042 N611 Darn Bridge $ 2,326 24 #2-075 Rosemont Road Phase IV 27,386 25 #2-098 Princess Aruie/Seaboard Road 5,522 26 #2-925 Northampton Boulevard Phase 1 2,202 27 #2-962 Pungo Ferrv Bridge Replacement 3,003 28 #2-410 Great Neck Road Phase II 19@561 29 ']'(,tal 0 3 0 TO: #2-816 TraTic Safetv Improvements 3 1 Adopted the 2 dav ol@ August 1994. by the C:oLmcil of the City of Virginia Beach, Virginia. 32 This ordinance shall be in effect from the date of its adoption. 7P@ AS TO Jr. n @cy I)epartment of Managemcnt a d Li,i(iget SWAshorgrnt. ord PROJECT PROGRAXMING RESOLUTION HAZARD ELIMIRATION PROJECTS WHEREAS, in accordance with virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE BE IT RESOLVED, that the City Council of Virginia Beach, Virginia requests the Virginia Department of Transportation to establish a project for the improvement of the Euclid Road crossing of the Southern Railroad. BE IT FURTHER RESOLVED, that the City Council of Virginia Beach hereby agrees to pay its share, 10%, of the total cost for preliminary engineering, right-of-way and construction of this project, and that if the City subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this 2 day of August 19 94 City of Virginia Beach, Virginia. BY: Y@ May /City Manage@ ATTEST @erk of Counbil AO TO nfe 6/30/94 PROJECT PROGRAMMING RESOIUTION HAZARD ELIMINATION PROJECTS WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the DePartment program an urban highway project in the City of Virginia Beach; now THEREFORE BE IT RESO@,IVED, that the City Council of Virginia Beach, Virginia requests the Virginia Department of Trarisportation to establish a project for thc@ improvement of Shore Drive to eliminate safety hazards from the west gate of Fort Story to Atlantic Avenue a distance of approximately 2.5 miles. BE IT FURTHER RESOLVED, that the City Council of Virginia Beach hereby agrees to paY its share, 10%, of the total lost f,r preliminary engineering, right-of-way and construction of this project, and that if the city subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this Second day of August 19 9-4 City of Virginia Beach, Virginia. BY: MI ATTEST Cl k of Council A@:-@ TO C, y nfe 6/30/94 16 - CONSENT AGENDA ITEM # 38258 Upon motion by rce Mayor Sessoms, seconded by Councilman Branc& City Council ADOPTED: Ordinance to ACCEPT and APPROPRL4TE $64,609 from the Vlrg'na Department of Housing and Community Development re housing rehabilitation (Vlrginia Ho-ing Partnership Fund's Indoor PlumbingIRehabilitation Program). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy X Parker, Vice Mayor William D. Sessoms, Jr. and l,ouisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August Z 1994 I AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE $64,609 FROM THE 3 VIRGINIA DEPARTMENT OF HOUSING AND 4 COMMUNITY DEVELOPMENT FOR HOUSING 5 REHABILITATION 6 WHEREAS, the Department of Housing and Neighborhood 7 Preservation operates housing rehabilitation programs for the 8 benefit of the citizens of Virginia Beach; 9 WHEREAS, the Virginia Department of Housing and Community 10 Development has notified the City that it has made available 11 $64,609 in Indoor Plumbing/Rehabilitation Program funds for the 12 rehabilitation or reconstruction of eligible owner occupied houses 13 in Virginia Beach; and 14 WHEREAS, the Department of Housing and Neighborhood 15 Preservation is currently operating such a program and will 16 continue it with the use of these funds. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That funds in the amount of $64,609 are hereby accepted 20 from the Virginia Department of Housing and Community Development 21 and appropriated to the Department of Housing and Neighborhood 22 Preservation for use as specified by the Virginia Housing 23 Partnership Fund's Indoor Plumbing/Rehabilitation Program. 24 BE IT FURTHER ORDAINED: 25 That estimated revenues from the Commonwealth of Virginia 26 are hereby increased by $64,609. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia, on the 2 day of August 1994. 29 CA-5664 30 ORDIN\NONCODE\INDOOR.RE 31 R-1 i,L@ NT 32 PREPARED: 06/25/94 - 17 - .7 CONSENT AGENDA ITEM # 38259 Upon motion by Vice Mayor Sessonu, seconded by Councilman Branc,% City Council ADOPTED: Ordinance to ACCEPT and APPROPRL4TE a $25,000 Grant from the Vzrginia Chesapeake Bay Local Assistance Departinent,, ant TRANSFER $17,120 as a grant match from the Ceneral Fund Reserve for Contingencies re continuation of a full-time temporary Environmental Platiner l position. Voting.- 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck 111, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and l,ouiva M. ';Irayhorn Council Members Voting Nay: None Council Members Absent: Non e August 2, 1994 I AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT 2 IN THE AMOUNT OF $25,000 FROM THE VIRGINIA 3 CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT 4 AND TO TRANSFER $17,120 AS A GRANT MATCH 5 F'ROM THE GENERAL FUND RESERVE FOR CONTINGENC@ 6 WHEREAS, the Commonwealth of Virginia's Chesapeake Bay Local 7 Assistance Department has provided a grant in the arnount of $25,000 to support the 8 continuation of a temporary position for one year's duration to carry out day to day oversight 9 and educational work of the City of Virginia Beach Chesapeake Bay Preservation Area 10 Program; I I WHEREAS, this grant requires a casb match of $17,120 which is available in 12 the FY 1994-1995 General Fund Reserve for Contingencies in resources approved by the 13 Council for the match; 14 WHEREAS, the work to be provided through these resources are considered 15 vital to the continuing work in Chesapeake Bay preservation in Virginia Beach. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, VIRGINIA, that a $25,000 grant be accepted from the 18 Commonwe-alth of Virginia, and be appropriated to the Departi-nent of Planning for 19 Chesapeake Bay preservation work, and that estimated Revenue from the Commonwealth be 20 increased by $25,000. 21 BE IT FURTHER ORDAINED that $17,120 be transferred from the FY 1994- 22 1995 Reserve for Contingencies to the Departi-nent of Planning for a required cash match for 23 the grant. 24 BE IT FURTHER ORDAINED that a fLIll time temporary position be 25 continued within the Department of Planning to carry out the work of this grant. 26 This ordinance shall be effective from the date of its adoption. 27 Adopted the 2 day of August 1994, by the Council of the City of 29 Virginia Beach, Virginia. 70 c o@pL ot nt"@ - 18 - Itetn 11-G.8 CONSENT AGENDA ITEM # 38260 UPon Motion by Councilman Moss, seconded by Council Lady fle,,Iey, City Council ADOPTED: Ordi-nce to APPROPAL4TE $19,500 in the Parky and Recreation SPec'al Revenue Fund to establish an "After-School" program at LYNNHAVEN MIDDLE SCHOOL for he 1994-1995 Sch()Ol Year, subject to: City Manager and SchOOl Superintendent formulating a plan to expand the 'After SchOOl" program to all Middle Schoolv atid devising schedule whereby this will be accomplished. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; Ill, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker, vi(e Mayor William D. Sessoms, Jr. and @)uisa M. 5trayhorn Council Members Voting Nay: None Council Members Absent,. None Councilman Moss DISCLOSED pursuant to Section 2.1-639,14(G) of the Code of rirginia, his wife is C-tly employed by the City of rzrginia Beach 5chool Board as a Teacher earning an annual salary in -- of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part of the record. August 2, 1994 I AN ORD]NANCE TO APPROPRIATE $19,500 IN THE PARKS AND RFCREATION 2 SPECIAL REVENUE FUND TO ESTABLISH AN AFTER SCHOOL PROGRAM AT 3 L AVEN M]IDDLE SCHOOL FOR THE 4 1994-95 SCHOOL YEAR 5 WHEREAS, the Department of Parks and Recreation has received numerous inquiries 6 from parents about the possibility of developing an after school program for rniddle school 7 students, 8 the Principal at Lynnhaven Middle School has deterrnined that there is a need 9 for an after school program at this school; 10 , the PrinciPal at Lynnhaven Middle School has requested the Department of I I Parks and Recreation to work with the school to develop and operate such a progr-am; 1 2 , the DePartment of Parks and Recreation has implemented and operates after 1 3 school programs at the elementary schools in Virginia Beach and has the expertise and expelience 14 to implement and operate a similar program at Lynahaven Middle School; 15 , the Depaltment estimates that it wdl cost $19,500 to run the program, which 16 will be fully offset by registration fees; 1 7 , the after school program wifl not be a licensed school-aged child day center 1 8P-gr-- Instead, the program will be operated under a recreational-based concept of a drop in, 19 drop out fonnat; and 20 NOW THEREFORE, BE IT ORDAMM BY THE COUNCIL OF THE CITY OF 21 VIRGEWA BEACH, VIRG@; that $19,500 be appropriated from the Parks and Recreation 22 SPccial Revenue Fund to the Department of Parks and Recreation's FY 1994-95 Operating Budget 23 for the establishment of an after school program at Lynnhaven Middle School through the 24 cooperative efforts of the Virginia Beach City Public Schools and the Department of Parks and 25 Recreation for the 1994-95 school year; and 26 BE IT FURTHER ORD ; that estimated fee revenues in the Parks and Recreatio. 27 Special Revenue Fund be increased by $19,500. 28 Adopted by the Council of the City of Virginia Beach on the _ day of August, 1994. 29 30 31 APPROVE-0 AS TO 2 LEGAL SUFFICIF:NCY DePartmentofManagementandBudget Item II-G,9a. CONSENT AGENDA ITEM # 38261 Heath- Black, 2248 Sunstates Court, Suite 101, Phone: 496--3200, represented Dragas Homes UPOn -tion by 1-ice May- Sessoms, seconded by Councilman Moss, city Council ADOPTED. Ordinance to T@SFER from the (;eneral Fund Reserve for Contingencies to reimburse the Water and Sewer Fund re costs of water and -w- fees associated with Tidewater Buildtr@v Asvociati(,n (TBA) charitable gift constructions: Homearama Charity House $2,258 Voting: 11-0 Council Members Voting Aye: John A. Baum, LinwOOd 0. Branch, III, Robert K Dean, William W. Ha-ison, Jr., Barbara M. HelleY, LOuis R Jones, John 1). Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, rz(,e Mayor William D. Sessoms, Jr. andlouiva M Strayhorn Council Members Voting Nay: None Council Members Absent.- None August 2, 1994 1 AN ORDINANCE AUTHORIZING THE TRANSFER $2,258 2 FROM THE GENERAL FUND RESERVE FOR 3 CONTINGENCIES FOR THE PURPOSE OF REIMBURSING 4 THE WATER AND SEWER FUND FOR THE COSTS OF 5 WATER A.ND SEWER FEES ASSOCIATED WITH 6 CONSTRUCTION OF THE 1994 CHARITY HOUSE 7 WHEREAS, the Tidewater Builders Association (TBA) 8 supports the Boys and Girls Club by donations generated from 9 proceeds of the sale of the TBA Homearama Charity House; 10 WHEREAS, the City of Virginia Beach wishes to show its 11 support for this charitable project by reimbursing the Water and 12 Sewer Fund for the costs of water and sewer fees associated with 13 the construction of the 1994 Charity House; and 14 WHEREAS, the 1994 Charity House is being built in the 15 Church Point subdivision by Dragas Homes, Inc., and the cost of 16 construction includes water and sewer fees of $2,258. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That City Council hereby authorizes the transfer of 20 $2,258 from the General Fund Reserve for Contingencies for the 21 purpose of reimbursing the Water and Sewer Fund, as a charitable 22 gift, for the costs of water and sewer fees associated with 23 construction of the Tidewater Builders Association's 1994 Charity 24 House. 25 Adopted by the Council of the City of virginia Beach, 26 virginia, on the 2 day of August 1994. 27 This ordinance shall be in effect from the date of its 28 adoption. 29 CA-5617 30 ORDIN\NONCODE\CHARITY.ORD 31 R-5 32 PREPARED: 06/30/94 @T DMB Ak- AS T CTrY ATTOP@ - 20 - Item II-G.9b. CONSENT AGENDA ITEM # 38262 Robert Johnson, 4663 Haygood Road, #201, Phone: 363-9059, represented the Scholarship House. Upon -tion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to TRANSFER from the General Fund Reserve for Contingencies to reimburse the Water and Sewer Fund re costs of water and sewer fees associated with Tidewater Builders Association (TBA) charitable gift constructions: Scholarship House $2,060 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W. Harrison, Jr., Barbara M. Ilenley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr and Iouisa M. @5trayhorn Council Members Voting Nay: Non e Council Members Absent,- Non e August 2, 1994 I AN ORDINANCE AUTHORIZING THE TRANSFER OF 2 $2,060 FROM THE GENERAL FUND RESERVE FOR 3 CONTINGENCIES FOR THE PURPOSE OF REIMBURSING 4 THE WATER AND SEWER FUND FOR THE COSTS OF 5 WATER AND SEWER FEES ASSOCIATED WITH 6 CONSTRUCTION OF THE 1994 TBA SCHOLARSHIP HOUSE 7 WHEREAS, the Tidewater Builders Association (TBA) 8supports worthy area high school seniors with scholarships from the 9TBA Scholarship Fund; 10 WHEREAS, the Scholarship Fund receives its principal 11 funding from the proceeds of the sale of the TBA Scholarship House; 12 WHEREAS, the City of Virginia Beach has shown its support 13 for this program by reimbursing the Water and Sewer Fund, as a 14 charitable gift to the Scholarship Fund, the costs of water and 15 sewer fees associated with construction of the 1994 Scholarship 16 House; and 17 WHEREAS, the 1994 Scholarship House is being built in the 18 Bentley Gate subdivision by Residential Concepts Limited, and the 19 cost of construction includes water and sewer fees of $2,060. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 That City Council hereby authorizes the transfer of 23 $2,060 from the General Fund Reserve for Contingencies for the 24 purpose of reimbursing the Water and Sewer Fund, as a charitable 25 gift to the Tidewater Builders Association Scholarship Fund, the 26 costs of water and sewer fees associated with construction of the 27 Tidewater Builders Association's 1994 Scholarship House. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the2 day of August 1 1994. 30 This ordinance shall be in effect from the date of its 31 adoption. 2CA-5616 3ORDIN\NONCODE\SCHOLAR.ORD 4R-5 5PREPARED: 06/30/94 AFIPPO@.IED AS TO LEGAI SUFFICI@CY AND FORiii -4D Cl'rY ATTORNEY - 21 - Item II-G.10 CONSENT AGENDA ITEM # 38263 Upon motion by Vice Mayor Sessomv, seconded by Councilman Branch, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $11,127.46 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dear4 William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Kice Mayor William D. Sessoms, Jr. and Louiva M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August Z 1994 @-.0 c@ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAFNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications tor license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Radix II Inc. 1991-93 Audit 431.00 431.00 6230 Oxon Hill Road Oxon Hill, MD 20745 Timothy M. Roscher L990-93 Audit 3C.00 30.00 T/A Bay Company 1317 Fundy Court Virginia Beach, VA 23464 Run Auto Parts Inc. 1991-94 Audit 52.99 52.99 3783 Bonney Road Virginia Beach, VA 23452 Certified as to Payment ,@erl P Vaugh,,ar Commissioner a /Revenue Approved as to form Lesije L Lilley City Attorney This ordinance shall be efiective from date of adoption, The above abatement(s) totaling $ 513.99 were approved by the Council 2 Ailgust 94 of the City of Virginia Beach on the - day of ,g - Ruth Hodges Smith City Clerk NO C@ 8 REV 3W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONRR 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 Montgomery Elevator Company 1991-92 Audit 298.61 298.61 One Montgomery Court Moline, IL 61265 My Blind Spot Inc. 1991-94 Audit 2,46-@.58 2,463.58 332 N. Great Neck Road #107 Virginia Beach, VA 23454 Pets Warehouse Inc. 1990-93 Audit 73-,.88 737.88 P.O. Box 4129 Virginia Beach, VA 23454 Certifieci as to Payment: Commissioner of tte@venue Approved as lo form City Attorney This ordinance shall be effective trom date of adoption. The above abatement(s) totaling $ 3, 500.07 were approved by the Counci Ati@ust- 94 of the City of Virginia Beach on the day of 19 - Ruth Hodges Smith City Clerk NO C@ 8 REV W 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 foliowing applications for license retunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Ferguson, Albert F. & Virginia B. Bunch T/A G & A General Contractors 121 Mimosa Road 1992-93 Audit 10.79 10.79 Portsmouth, VA 23701 Hise, Ruth E. 1991-93 Audit 41.66 41.66 P.O. Box 6254 Virginia Beach, VA 23456 Marston, Bryan L. 1993 Audit 32.40 32.40 2900 Fetsch Place Virginia Beach, VA 23456 Certified as to Payment: o erl P. Vaughan Commissioner of the Approved as to form Leslie L. Lilley City Attorney This ordinance shall be effective trom date of adoption. The above abatement(s) totaling $ 84.85 were approved by the Council Au-,ust 94 of the City of Virginia Beach on the day of 19 - Ruth Hodges Smith City Clerk NO C@ a P", 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 CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penafty Int. Total Costa mar Corporation ]@990-93 Audit 1,094.85 830 Juniper crescent #A Chesapeake, VA 23320 Dunn Plastering Co. Inc. 1991-93 Audit 99-83 99.83 976 Edwin Drive virginia Beach, VA 23464 Duritza's Enterprises In,. 1992-93 Audit 2,168.40 2,168.40 T/A Hilltop IGA 2528 Archdale Drive virginia Beach, VA 23456 Certified as to Payment: Approved as to form sl@, L Lilley This ordinance Shall be effective flom date of City Attorney adoption. The above abatement(s) totaling $ 3, 363. 08 were approved by the Council of the City of Virginia BeaCh on the 2 day of 19 qL Ftuth Hodges Smith City Clerk NO, CABRV 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 Sperry, Thomas H. 1993 Audit 2,714.35 2 , 714. 35 T/A VA Beach Family Practice l,td. 1024 First Colonial Road #10,, Virginia Beach, VA 23454 States Roofing Corporation 1992-93 Audit 900.74 900.74 P.O. Box 2274 Norfolk, VA 23501 Taylor, Linda M. 1991-92 Audit 30.00 30.00 T/A E E K 733 Foxrun Road virginia Beach, VA 23452 valianos, Ernest G. 1,992-93 Audit 20.38 20.38 901 Ferry Plantation Road Virginia Beach, VA 23455 Cerlified as to Payment @oberl P. Vaugha f trVRevenue Commissioner o h Approved as to form L Leslie L Lilley City Atiorney This ordinance Shall be efiective trom date of adoption. Theaboveabatement(s)lotaling $ 3,665.47 were approved by the Council of the City of Virginia Beach on the day of Au-ust 94 19 Ruth Hodges Smith City Clerk 22 - APPOINTMENTS ITEM # 38264 ADD-ON BY CONSENSUS, City Council: Recorded Court Order Appointing Alternates: BOARD OF ZONING APPEALS J. William Garrington Richard K. Stell 5 year terms 09101194 - 08131199 August 2, 1994 - 23 - Item II-J.I.b. APPOINTMEA'TS ITEM # 38265 ADD-ON UPOn NOMINATION by ;-zce Mayor Sessoms, City Council Reaffirmed Appointment of. CHESAPEAKE BAY ASAP POLICY BOARD Robert K. Dean No specified terni *Councilman Dean shall be the only representative of City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert Y- Dean, William W. Harrison, Jr., Barbara M. Henley, Louis P, Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, rzce Mayor William D. Sessoms, Jr. and Iouisa M Strayhorn Council Members Voting Nay: Non e Council Members Absent: None August Z 1994 - 24 - Item ll-Jl.c. APPOINTMENTS ITEM # 38266 ADD-ON Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: DEVELOPMENT AUTHORITY Kenneth Barefoot 77iontas J. Lyons, Jr. 4 year term 09101194 - 08131198 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck 111, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis P, Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessotm, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Non e Council Members Absent: None August Z 1994 25 - APPOINTMENTS ITEM # 38267 ADD-ON UP- NOMINATION by Vice Mayor Sessolm, City Council REAPPOINTED: PARKS,4ND RECREATION COMMISSION G. Garland Payne At-large Henry 0. Pezzella At-large James H. Sellers Lynnhaven Mark H. Snyder At-large Paul A. West At-large 3 year ternis 09101194 - 08131197 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, @ice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 2, 1994 26 - APPOINTMENTS ITEM # 38268 ADD-ON Upo,, NomiNATION by Vice Mayor SessoM, City Council APPOINTED: SCHOOL SITE SELECTION COMMI7TEE Louisa M. Strayhorn No specified terni Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, Robert K Dean, William W ilarrison, Jr., Barbara M. Henley, Louis P, J()nes, John D. Moss, MaY- Meyera E. Oberndorf, Nancy y_ parke, irce Mayor William D. sesso,w, Jr. and Louisa M. Strayho- Council Members Voting Nay: None Council Members Absent: None August Z 1994 - 27 - item ii-ii.f APPOINTMEA'TS ITEM # 38269 ADD-ON Upon NOMINATION by Vice Mayor @essoms, City Council APPOINTED: TIDEWATER TRANSPORTATION DISTRICT COMMISSION Lou@a M. Strayhorn No specified terni Voting: 11-0 Council Meynbers Voting Aye: John A. Baum, Linwood 0. Branch, Ill, Robert K Dean, William W Harrison, Jr., Barbara M. ]Ienley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and louisa M Strayhorri Council Members Voting Nay: None Council Members Absent.- None August Z 1994 28 - NEW BUSINESS ITEM # 38270 Upon motion by CounciL?nan Dean, seconded by Vice MaYol Sessoms, CitY Council ADOPTED: Ordi-nce to "END and REORDAIN Sectio. 6-122 of the Code of the CitY of Vlrginia Beach, Virginia, re beaches, boats and waterways. (Sponsored by: Councilman Robert K Dean) Voting: 11-0 Council Members Voting Aye: JOhn A. Bawn, Linwood 0. Branch, III, Robert K Dean, William W, Harrison, Jr., Barbara M Henley, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None August 2, 1994 Requested by Councilmember Robert K. Dean 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 6-122 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO BEACHES, BOATS AND 5 WATERWAYS 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 6-122 of the Code of the City of Virginia Beach, 9 virginia, is hereby amended and reordained to read as follows: 10 Section 6-122. Operating motor boat, vessel, water skis, etc., 11 while under influence of intoxicating beverages or 12 drugs. 13 (a) No person shall operate any watercraft or motorboat which 14 is underway (i) while such person has a blood alcohol concentration 15 at er greater than the bleed aleehel eeneentratien at iihieh i@ 16 *anl:awf-,a3: te -- -,---te a meter- vehie4:e as pi-evided in seetien 17 24: 336 of 0.08 vercent or more by weight by volume or 0.08 grams or 18 more Per 210 liters of breath as indicated by a chemical test 19 administered in accordance with section 6-122.2, (ii) while such 20 person is under the influence of alcohol, (iii) while such person 21 is under the influence of any narcotic drug or any other self- 22 administered intoxicant or drug of whatsoever nature, or any 23 combination of such intoxicants or drugs or (iv) while such person 24 is under the combined influence of alcohol and any drug or drugs, 25 to a degree which impairs his ability to operate the watercraft or 26 motorboat safely. 27 (b) No person shall operate any watercraft or motorboat which 28 is underway during any period for which such person has been 29 ordered not to operate a watercraft or motorboat pursuant to 30 section 29.1-738 or section 29.1-738.4 of the Code of Virginia, or 31 section 6-122 or section 6-122.4 of this code, or similar 32 ordinances of any county, city or town. 33 (c) For purposes of this article, the word "operatell shall 34 include being in actual physical control of a watercraft or 3 5 motorboat and "underway" shall mean that a vessel is not at anchor, 36 or made fast to the shore, or aground. 37 Any person who violates any provision of this section shall be 38 guilty of a Class 1 misdemeanor. 39 Adopted by the Council of the city of Virginia Beach, Virginia 40 on the 2nd day of -August 1994. 41 CA-5663 42 \ORDIN\NONCODE\06-122.Pro 43 R-1 44 July 18, 1994 APP!@)(" A@ TO LEGAL @ll,.@@,,@F@CiENCY 2 30 - NEW BUSINESS ITEM # 38272 ADD-ON Councibnan Moss referenced a letter and attached Resolution from the Chairman of the Development Authority received in City Council's Agenda Package. Councibnan Moss requested a discussion be SCHEDULED prior to its placement on the City Council agenda. August 2, 1994 - 31 - 4 NEW BUSINESS ITEM # 38273 ADD-ON Councibnan Moss advised the Tidewater Transportation District Commission has appointed a Bi- Partisan Light Rail Commission. This is not representative of rlrginia Beach's interests. Vice Mayor Sessoms advised representatives from the Pembroke and Iynnhaven Corridor were appointed and this is perceived to eventually be the location of light rail. August 2, 1994 - 32 - Item II-K5. NEW BUSINESS ITEM # 38274 ADD-ON Councibnan Dean referenced the TASK FORCE REPORT ON JUVENILE CRIME STR,4TEGIES, submitted by Daniel K Stone - Task Force Chairman. Councilman Dean complimented the City Manager and staff on this incredible &)cument. Councilman Dean has personally complimented Daniel,@tone. A formal BRIEFING will be SCHEDULED for a City Council Session. August Z 1994 - 33 - Item H-K6. NEW BUSINESS ITEM # 38275 ADD-ON Mayor Oberndorf reminded City Council of the City Council Retreat on August 5 and 6, 1994, (Friday and Saturday) at the PAVILION VIP Confer,,nce Roon. August 2, 1994 34 - e ADJOURIVMENT ITEM # 38276 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:26 P.M, Beverly 0. Hooks, CMC Chief Deputy City Clerk ---- -- ---- -------------------------- th odge, &nitk CMCIAAE Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach lrzrginia August 2, 1994