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Home My WebLink AboutMAY 2, 1995 MINUTESCity o1' Virgi uia Beach "WORLD'S LARGEST RESORT CITY' CITY COUNCIL MAYOR MEYERA WCE MAYOR %V;LAi,,UW V S~SOMS, JOHN ,4. BAUM, l)bclm~r B,w,mgh LJNIVOOD 0 BRANCH IlL VeZ.,= Beech &mx~h ROBF. RT lC DEAN, Pnr,~m Aa~e lionx~gh HAROLD HE29CHOBER, BAP. BAJ~ M HENLEY, LOUISA M ~TRAYHORN, Keq~n- Bmx~k ]AME~ lC M~OR~, C,~ tF~ ~E L LILLEY, C~y RUTH HODGES SM/TH. CMC / A,~. C,~ Cb,it CITY COUNCIL AGENDA May 2, 1995 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 254~-9005 (~04) 427-4505 I. AGENDA REVIEW SESSION - Conference Room - 11:30 AM ae Be REVIEW OF AGENDA ITEMS CITY COUNCIL CONCERNS II. A. CITY MANAGER'S BRIEFINGS - Conference Room - I · TOLLWAY CONVERSION Ralph A. Smith, Director, Public Works · EMPLOYEE SALARY MARKET DATA Fagan Stackhouse, Director, Human Resources III. INFORMAL SESSION - Conference Room - 1:00 PM ao Be Ce CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM A· Ce D. Ee CALL TO ORDER - Mayor Meyera E. Oberndorf INVOCATION: Reverend John Jordan Pastor - Retired - Galilee Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF EXECUTIVE SESSION F. MINUTES i · Joint Meeting Virginia Beach City Council/ Virginia Beach School Board Special Formal Session Public Hearing Larkspur Middle School Informal and Formal Sessions April 18, 1995 April 18, 1995 April 20, 1995 April 25, 1995 G. ADOPT AGENDA FOR FORMAL SESSION H. MAYOR'S PROCLAMATIONS i · NATIONAL DRINKING WATER WEEK - May 7 - 13, 1995 Gary Jones Engineering Manager, Public Utilities AMERICAN WETLANDS MONTH - May 1995 Clayton H. Bernick Administrator, Environmental Management I. PUBLIC HEARINGS i · FY 1995-1996 OPERATING BUDGET FY 1995-1996 CIP CAPITAL BUDGET FY 1995-2001 CAPITAL IMPROVEMENT PLAN S837,627,355 $101,556,031 S950,785,234 GENERAL OBLIGATION BONDS S 51,100,000 (Schools, roadways, economic/tourism, buildings and other public improvement pro3ects) be STORM WATER UTILITY REVENUE BONDS $ 2,243,500 (Improvements and expansions to the City's Storm Water Utility System) Ce WATER AND SEWER SYSTEM REVENUE BONDS $ 6,593,000 (Improvements and expansions to the City's Water-Sewer System) d. PROPOSED REAL PROPERTY TAX RATE INCREASE (3.3 cents School capital project construction) (1.5 cents Agricultural Reserve Program) 4.8 cents of Sl00 assessed value e· f · PROPOSED INCREASE OF REAL PROPERTY TAX LEVIES $1.188 per "effective tax rate" AMEND Chapter 35 of the Code of the City of Virginia Beach by ADDING a new Article XIII pertaining to local telecommunication service taxes up to 83.00 per month, effective July 1, 1995. CONSEN~ AGENDA The Consent Agenda will be determined during the Informative Session and considered in the ordinary course of business by City Council to be enacted by one motion. K. RESOLUTION/ORDINANCES I · Resolution to request the Director of the Virginia Beach Health Department continue to approve and participate in neighborhood rabies vaccination clinics. (Sponsored by Mayor Meyera E. Oberndorf) 2. · Ordinance to authorize the City Manager to submit an Annual Funding Plan to the United States Department of Housing and Urban Development re the review, approval and funding of the City's 1995-1996 Annual Funding Plan. Ordinances to grant franchises to operate open air cafes on public property in the Resort Area; and, to authorize the City Manager to execute franchise agreements beginning May 1, 1995, (VIRGINIA BEACH BOROUGH): a. FIVE-YEAR FRANCHISES A.C.A. Corporation t/a Black Angus 706 Atlantic Avenue Sidewalk Cafe Virginia George Co., Inc. t/a Dough Boys 24th 2410 Atlantic Avenue Sidewalk Cafe Nabled Investors Partnership t/a K-Walk Cafe 200 21st Street #106 Sidestreet Cafe Nabled Investors Partnership t/a Primo Pizza 200 21st Street #105 Sidestreet Cafe Ramada on the Beach, L.C. t/a Mahi Mah's 615 Atlantic Avenue Boardwalk Cafe Ramada on the Beach, L.C. t/a Mahi Mah's 615 Atlantic Avenue Connector Park Cafe b. ONE-YEAR FRANCHISES Three East, Inc. t/a 3 East Cafe Newcastle Motel t/a Peaches Howard Johnson Boardwalk Hotel t/a 18th Street Cafe Ocean II Condominium Owners Association t/a Pogo's Seaside Grill Beachside, L.C. t/a Surfside Cafe 215 Atlantic Avenue Boardwalk/Connector Park Cafe 1203 Atlantic Avenue Connector Park Cafe 1801 Atlantic Avenue Connector Park Cafe Connector Park Cafe 2607 Atlantic Avenue Boardwalk Cafe · Ordinances authorizing tax refunds in the amount of $14,594.90. L. UNFINISHED BUS~NESS M. NEW BUSINESS 1. COUNCIL-SPONSORED ITEM a. Hazel Hoban's residential structural damage resulting from drainage ditch at 29?3 Cherie Drive, Lamplight Manor (LYNNHAVEN BOROUGH). (Sponsored by Councilman W. W. Harrison, Jr.) N. ADJOURNMENT CITY COUNCIL WORKSHOP SESSION BUDGET RECONCILIATION 2 May 1995 Conference Room (Immediately following Formal Session) · , · · · · · * · * BUDGET/C I P REVIEW SCHEDULE FINAL WORKSHOP BUDGET/C I P ADOPTION Thursday May 04 9 AM - 11 AM Tuesday May 09 2 PM Council Conference Room Council Chamber If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * · * * * * * 04/27/95CMD AGENDA\05-02-95. ITM MINUTES VIRGINIA BEACH CITY COUNCIL VirgInia Beach, Virginia May 2, 1995 Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, May 2, 1995, 11.30 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, Barbara M Henley, Harold Heischober, Louis R. Jones, Mayor Meyera E Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: William W. Harrison, Jr. [ENTERED: 11:45: A.M.] -2- AGENDA REVIEW SESSION ITEM # 39110 The City Manager advised there will be a CITY COUNCIL WORKSHOP for the BUDGET RECONCILIATION immediately following the Formal Session. ITEM # 39111 The City Manager referenced: Resolution to request the Director of the Virginia Beach Health Department continue to approve and participate in neighborhood rabies vaccination clinics. (ICl.) (Sponsored by Mayor Meyera E. Oberndorf) Mayor Oberndorf advised Dr. Suzanne Dandoy - Health Director, has requested the removal of the words: "Tidewater Humane". The revised ordinance was distributed to Members of City Council. ITEM # 39112 Councilman Dean referenced: Ordinance to authorize the City Manager to submit an Annual Funding Plan to the United States Department of Housing and Urban Development re the review, approval and funding of the City's 1995- 1996 Annual Funding Plan. (IC2.) Councilman Dean requested "Neighborhood Services"in the amount of $243,923 under the topic of Revitalization - other areas be defined. May 2, 1995 -3- AGENDA RE VIEW SESSION ITEM # 39113 BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA: O~INANCES/RESOL UTION Resolution, as revised, to request the Director of the Virginia Beach Health Department continue to approve and participate in neighborhood rabies vaccination clinics (~1.) (Sponsored by Mayor Meyera E. OberndorI) Ordinance to authorize the City Manager to submit an Annual Funding Plan to the United States Department of Housing and Urban Development re the review, approval and funding of the City's 1995- 1996 Annual Funding Plan. Ordinances to grant franchises to operate open air cafes on public property in the Resort Area; and, to authorize the City Manager to execute franchise agreements beginning May 1, 1995, (VIRGINIA BEACH BOROUGH): FIVE- YEAR FRANCHISES A.C.A. Corporation t/a Black Angus 706 Atlantic Avenue Sidewalk Cafe Virginia George Co., Inc. t/a Dough Boys 24th 2410 Atlantic Avenue Sidewalk Cafe Nabled Investors Partnership t/a K-Walk Cafe 200 21st Street #106 Sidestreet Cafe Nabled Investors Partnership t/a Primo Pizza 200 21st Street #105 Sidestreet Cafe Ramada on the Beach, L.C. t/a Mahi Mah's 615 Atlantic Avenue Boardwalk Cafe Ramada on the Beach, L.C. t/a Mahi Mah's 615 Atlantic Avenue Connector Park Cafe ONE- YEAR FRANCHISES Three East, Inc. t/a 3 East Cafe 215 Atlantic Avenue Boardwalk/Connector Park Cafe Newcastle Motel t/a Peaches 1203 Atlantic Avenue Connector Park Cafe Howard Johnson Boardwalk Hotel t/a 18th Street Cafe 1801 Atlantic Avenue Connector Park Cafe Ocean H Condominium Owners Association t/a Pogo's Seaside Grill Connector Park Cafe Beachside, L.C. t/a Surfside Cafe 2607 Atlantic Avenue Boardwalk Cafe Ordinances authorizing tax refunds in the amount of $14,594.90. May 2, 1995 -4- CITY MANAGER'S BRIEFING TOLL WA Y CONVERSION 11:42 A.M. ITEM # 39114 Phil Davenport, Administrative Services Coordinator - Public Works, introduced Wayne White, District Operations Engineer, Suffolk District - Virginia Department of Transportation and Peter R. Kolakowski, Financial Planning and Debt Management Director - Virginia Department of Transportation. Wayne White, distributed information relative the phases in the tollway conversion. Said information is hereby made apart of the record The tolls shall be removed at 12:01 A.M. on the morning of June First. The Contractor shall then begin removal of the toll collection equipment. Once the toll equipment has been removed, the Contractor, Central Atlantic of Williamsburg, will begin the removal of the toll island and canopy within fourteen (14) days. If the Contractor performs this work earlier than 14 days, the contractor will receive $10,000 a day. If more than fourteen (14) days, he will be charged $15,000 a day. The State Police will be available to assist in traffic control, 24 hours a day during this first critical phase of construction. The contractor shall conduct toll removal operations in such a manner that four (4) lanes through traffic east, and four (4) lanes through traffic west are maintained at all times from 100' east of toll plaza to 100' west of the toll plaza. Under Phase Two, concrete barriers shall be installed as indicated by the solid line on each side of the "hatched area" as depicted on the distributed sketch. Under Phase Three, traffic will be placed on the outside and the concrete removed on the inside will be replaced with asphalt. Therefore, the entire width of the plaza area will be opened to traffic after the dismantling and reconstruction. Phase Four constitutes a State Police Inspection Station. The State Police have also requested a "pocket" be provided in the center of the roadway for their use in running radar on the Expressway. This will not reduce the number of lanes. After the work is completed at the main plaza, the contractor must also perform work on the ramps: The treadles on the road and equipment must be removed. The area must be paved and restriped. All must be complete by November First. State police will be used throughout the entirety of the project to aid tn traffic control. Peter R. Kolakowski distributed a Resolution authorizing the Defeasance of the Outstanding Bonds on the Norfolk-Virginia Beach Toll Road and removal of the tolls effective June 1, 1995, and statistical data detailing the Impact of Removing Tolls on the Norfolk-Virginia Beach Expressway. Said information is hereby made a part of the record. The Bonds will be defeased either on May 31, 1995, or at 9:00 A.M. on June 1, 1995. The Bonds will be redeemed to the year 2004. The Commonwealth Transportation Board authorizes and directs the defeasance of the outstanding bonds from available balances of the Norfolk-Virginia Beach Toll Road and irrevocable tnstructions be given to the Trustee to call the bonds for redemption on July 1 in each of the years and in the principal amounts determined to be the current revised Amortization Requirements calculated by the Trustee pursuant to the Trust Indenture dated as of July 1, 1995, all in accordance with Article XII of the Trust Indenture. May 2, 1995 -5- CITY MANAGER'S BRIEFING TOLL WA Y CONVERSION ITEM # 39114 (Continued) IMPACT OF REMOVING TOLLS NORFOLK-VIRGINIA BEACH EXPRESSWAY (in thousands) Balance - July 1, 1994 Projected Revenues* Total Estimated Funds Available Projected Expenditures Operations & Maintenance Reserve Maintenance - Resurfacing of Roadway Payment of Outstanding Bonds Closeout Costs Total Projected Expenditures Funds Available to Complete Improvement Improvement Program Projects Birdneck Road Interchange Park and Ride Lots Traffic Management System Widen Westbound Entrance Ramp at Rosemont Road Lighting from Rosemont Road to Parks Avenue Widen Westbound Exit Ramp at Lynnhaven Parkway Noise Abatement Measures Total Improvement Program Projects Ending Balance $36,152 11,503 47,655 7,599 1o, ooo 7,579 3,000 28,178 19,477 5,670 5,732 2,~5~ 200 3,407 400 19,360 $ 117 May 2, 1995 -6- CITY MANAGER'S BRIEFING EMPLOYEE SALARY MARKET DATA 12:05 P.M. ITEM # 39115 Fagan Stackhouse, Director - Department of Human Resources, through the utilization of slides, detailed the Market-Based Pay System. What is a Market-Based System? A Market-Based System means that the salary or pay is driven primarily by the marketplace. Our system includes and tracks data on: Salaries Consumer Price Index (CPI) Comparative Cost-of-Living of Localities Other Pay Factors Why the Market-Based System? Equity, Balance and Fairness Provides increases to positions moderately and significantly below the market Holds constant those positions currently competitive with the market Reduces the pay range of positions above the market. Adjusts, as necessary, pay scales to reflect market competitiveness. The Market Salary Survey focused nationally, regionally and locally to obtain sufficient data on a diversified worlcforce of many different types of jobs. The survey included cities, counties, one state government and private sector organizations to ensure a broad but characteristic representation of our workplace jobs. Number of Organizations Surveyed: Number of Organizations Responding: 44 Public 14 Private 34 Public 5 Private Data was captured on the 50th (median), 65th, and 75th Percentiles of the local regional national markets. A review of the summary data, and, in particular, the pure raw data shows that a significant number (greater than 50 percent) of the pay range maximums of positions are below the Median (50th Percentile) and that an effort should be made to bring the pay of positions up to the median this year. Additionally, a review of the City's pay scales shows that an increase ts necessary to stay in line with the market while providing all employees eligible for merit pay some increased level of compensation Mr. Stackhouse advised it would take approximately three years .for all employees to reach the fifty percentile. The 65th percentile would be established as the upper limit. May 2, 1995 -7- CITY MANAGER'S BRIEFING EMPLOYEE S~Y MARKET DATA ITEM # 39115 (Continued) PROPOSED MARKET-BASED PAY ADMINISTRATIVE GUIDELINES Each year hereafter a market-based salary survey will be conducted using similar methods and analysis as the 1994 survey, with amendments as necessary. 2. All salary adjustments shall be based on maximum salary survey market results. . General increases will be discontinued. Periodic Pay Scale Adjustments will be made to align the pay scale with the market to maintain competitiveness. Establish a minimum pay target level at the 50th percentile of market for all pay plan positions based on maximum of pay range salary and insure all positions are adjusted to target level maximums. 5. Establish a goal of paying all pay plan positions at the 65th percentile of the market. Employees with maximum pay levels between the 50th and 65th percentile, shall be considered to be within our "market band" for competitive salaries. These employees will not receive range adjustments at this time. Internal job studies will continue to be conducted to support the rapidly changing structure of jobs and resulting position realignment. The proposed FY 95-96 Budget includes three (3) percent of Payroll Costs for employee pay increases. Options for the funding for the market-based pay system are being developed for City Council's consideration. RECOMMENDED SEQUENTIAL STEPS FOR MARKET SALARY SURVEY RESULTS 1. Make a 1.5% pay plan adjustment effective July I, 1995. 2 Provide a 1.5% pay increase effective July 1, 1995, for employees who are below the minimum of their pay range. For positions below the 50th Percentile, reallocate (move) positions upward no more than two (2)pay ranges effective July I, 1995. For positions above the 65th Percentile, reallocate (move) positions downward no more than two (2)pay ranges effective July I, 1995. On anniversary date, allow up to 4.5% merit increase for eligible employees, formerly topped-out employees will be eligible for a 1.5% merit increase. These recommendations will encompass both the General Employees Pay Plan and the Administrative Pay Plan. May 2, 1995 -8- ITEM # 39116 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 2, 1995, at 1:20 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K, Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None May 2, 1995 -9- ITEM # 39117 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, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(,4)(3). To-Wit: Acquisition/Disposition of Property - Social Services Project LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section Z1-344(,4)(7). To- Wit: Amphitheater Upon motion by Vice Mayor Sessorns, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting ,4ye: John ./1. Baurn, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bsent: None May 2, 1995 - 10 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL May 2, 1995 2:20 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 2, 1995, at 2:20 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: Reverend John Jordan Pastor - Retired - Galilee Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Banlc The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record May 2, 1995 - 11 - Item IV-C. CERTIFICATION OF EXECUTIVE SESSION ITEM # 39118 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified tn 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, Linwood O. Branch, III, Robert K. Dean, ll61liam W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 2, 1995 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 # 39117, Page No. 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. City Clerk May 2 1995 - 12 - Item IV- F. 1. 2. MINUTES ITEM # 39119 Upon motion by V~ce Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the JOINT MEETING OF VIRGINIA BEACH CITY COUNCIL/ VIRGINIA BEACH SCHOOL BOARD INFORMAL AND SPECIAL FORMAL SESSIONS of April 18, 1995. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy lC Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 2, 1995 - 13 - Item IV-F. 3. MINUTES ITEM # 39120 Upon motion by Vice Mayor Sessorns, seconded by Councilman Jones, City Council APPROVED the Minutes of the PUBLIC HEARING - LARKSPUR MIDDLE SCHOOL of April 20, 1995 Voting: 9-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Harold Heischober and Louisa M. Strayhorn Council Members Absent: None Council Members Heischober and Strayhorn ABSTAINED as they were not in attendance during the Public Hearing of April 20, 1995. May 2, 1995 - 14 - Item IV-F. 4. MINUTES ITEM # 39121 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 25, 1995, AS CORRECTED: Page 37, ITEM #39097 Ordinance to establish Ocean Park Beach Sand Replenishment Project #2-998, and, to TRANSFER $400,000 from Citywide Sand Replenishment Project #2-077 to Ocean Park Beach Sand Replenishment #2-998. (Sponsored by Councilman Louis R. Jones) The vote should correctly state "8-2" rather than 10-0, with City Council Members Dean and Parker voting NAY. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E Oberndo~ Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent. None May 2, 1995 - 15 - Item IV-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 39122 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 2, 1995 - 16 - Item IV-H. 1. MAYOR'S PR OCL4MA TIONS ITEM#39123 Mayor Oberndorf PROCLAIMED: May 7- 13, 1995 NATIONAL DRINKING WATER WEEK This Proclamation called upon all citizens and civic organizations to acquaint themselves with the importance of safe drinking water and the many ways it plays a vital role in our lives. Gary L. Jones, Utility Engineering Manager, ACCEPTED the Proclamation accompanied by the following: James W.. Sarver - Joseph P. Martin - Claude W. Walck - R. Talmadge Pt'land - Utility Operations Manager Utility Business Manager Customer Services Manager Special Projects Coordinator May 2, 1995 -17- Item IV-H. 2. MA YOR 'S PROCLAM~ TIONS ITEM # 39124 Mayor Oberndorf PROCLAIMED: MAY 1995 AMERICAN WETLANDS MONTH Clayton H. Bernick, Administrator Environmental Management, ,4CCEPTED the Proclamation. The following Members of the Wetlands Board were in attendance: Edward ,4. Barco Steven R. Barnes Captain C. H. Dorchester James O. Hertz Mike Milanovich This Proclamation encourages all citizens to increase their understanding and appreciation of wetlands, and to become personally involved in stewardship activities for protection of this vital natural resource. Mayor Oberndorf advised ora grass planting at the Marine Science Museum Friday, May 5, 1995, at 2:00 PM in recognition of the WETLANDS. May 2, 1995 - 18 - Item 1V-H. 3. MAYOR'S ANNOUNCEMENT ITEM # 39125 Mayor Oberndorf read into the record correspondence from Dale Banning of Oklahoma City and Andrew Burke, Economic Development Director - Oklahoma City, former Economic Development Director of Virginia Beach, recognizing and extending appreciation for the heroic service performed by Virginia Beach City Employees who were members of the FEMA Urban Search and Rescue Team. May 2, 1995 - 19 - Item IV-I. 1. PUBLIC HEARINGS ITEM # 39126 Mayor Oberndorf DECLARED A PUBLIC HEARING: FY 1995-1996 OPERATING BUDGET $837,627,355 FY 1995-1996 CIP CAPITAL BUDGET $101,556,031 FY 1995-2001 CAPITAL IMPROVEMENT $950,785,234 GENERAL OBLIGATION BONDS $ 51,100,000 (Schools, roadways, economic/tourism, buildings and other public improvement projects) STORM WATER UTILITY REVENUE $ 2,243,500 BONDS (Improvements and expansions to the City's Storm Water Utility System) WATER AND SEWER SYSTEM $ 6,593,000 REVENUE BONDS (Improvements and expansions to the City's Water-Sewer System) PROPOSED REAL PROPERTY TAX RATE INCREASE 4.8 cents of $100 assessed (3.3 cents School capital value project construction) (1.5 cents Agricultural Reserve Program) PROPOSED INCREASE OF REAL PROPERTY TAX LEVIES $ 1.188 "effective tax rate" AMEND Chapter 35 of the Code of the City of Virginia Beach by ADDING a new Article 11711 pertaining to local telecommunication service taxes up to $3.00 per month, effective July 1, 1995. The following speakers registered to speak. Francis & Edison B. Granger, Jr., 1532 Shorehaven Court, Phone: 481-3044, Tax Assessment. Dean Dasilva, 106 Dunbar Drive Suffolk 23434, Phone: 539-4349, Salary and Personnel Sam Brown, 928 Winthrope Dr. 23452, Phone: 431-2797, Dredging Western Branch, Lynnhaven River David Hughes, 6396 Blackwater Rd. 23457, Phone: 421-2382, Salary Survey Diane Hartig, 2232 Windbranch Cir 23456, Phone: 468-3865, Kellam Addition Robert Dedman, 3728 Lynnfield Dr. 23452, Phone: 463-2032, Dredging Western Branch Lynnhaven River Slap Johnson, 2675 Elson Green Ave 23456, Phone: 721-6968, Budget -Schools Dominic Melito, 4246 Beasley Ct. 23462, Phone. 490-7024, CIP - Schools Ruth Jackson Mashburn, 1320 W. Little Neck Pt. 23452, Phone: 463-0120, Dredging Western Branch Lynnhaven River Linda Hinnant, 700 Greensboro Ave 23451, Phone: 422-3341, Budget - Schools, President, Shadow Lawn Civic League Fred Dean, 3895 Old Shell Rd. 23452, Phone: 486-4520, Dredging Western Branch Lynnhaven River April Elmore, 5009 Westgrove Rd 23455, Phone: 497-0837, Budget - City Employees Rob Valentine, 2308 Tartingers Quay 23456, Phone: 427-0490, Budget - City Employees Heather Tace, 800 Adrian Dr. 23452, Phone: 463-1688, CIP - Schools Shirley Robbins, 965 Colonial Meadows Way 23454, Phone: 481-3046, CIP- Schools, President First Colonial High Parent, Teacher, Student Association Tara Taubman, 3042 Lynndale Rd. 23452, Phone: 340-7771, First Colonial Addition May 2, 1995 - 20 - Item IV-L1. PUBLIC HEARINGS ITEM # 39126 Donald Clark, 1312 W. Little Neck Rd. 23452, Phone: 486-3453, Dredging Western Branch Lynnhaven River Al Strazzullo, 3120 Sand Pt'ne Road 23451, Phone: 481-0024, Budget Suzie Birdsong, 1589 Bay Point Dr. 23454, Phone: 481-3237, First Colonial High Joe Kocinski, 1045 Briarwood Pt. 23452, Phone: 340-4116, Dredging Western Branch Lynnhaven River Don Perry, 106 58th Street 23451, Phone: 422-0764, Agricultural Reserve, President, Audubon Society - Va. Beach Chapter Steven Steinhilber, 652 Thalia Road 23452, Phone: 340-5125, Dredging Western Branch Lynnhaven River Benny Bannerman, 2473 Eastchester Dr. 23454, 486-2763, Dredging Western Branch Lynnhaven River Dennis Ackerman, 397 Little Neck Rd. 23452, Phone: 431-4738, Agricultural Reserve Nick Savage, 4345 Country Club Cir 23455, Phone: 460-1076, Dredging Western Branch Lynnhaven River Sue Carlyle, 1425 Alanton Dr. 23454, Phone: 481-2538, Agricultural Reserve Joseph Gurney, 3850 Little Neck Rd. 23452, Phone. 340-3526, Dredging Western Branch Lynnhaven River Sidney Berg, 4043 N. Witchduck Rd., Phone: 464-9290, Dredging Western Branch Nicholas Maiuro, 596 Water Oak Road, 23452. Phone: 486-7861, proposed Rate for Garbage Forrest Fowler, 3900 Old Shell Road, 23452, Phone: 340-3540, Dredging Western Branch Lynnhaven River Fred Adams, 1548 Edgewater Drive 23464, Phone: 467-2775, ARP Homer H. Hanna, 4849 Strand Drive, Phone: 467-3049, ARP Irene L. Stephens, 1409 Back Cove Road, 23454, Phone: 481-2270, tax increases Gary Hudspeth, 4509 Clemsford Drive 23456, Phone' 495-9321, ARP Delceno Miles, 3641 Head River Road 23456, Phone; 421-7140, Schools/Police William C. Forbes, 600 Wild Duck key 23452, Phone: 498-7970, Dredging Western Branch Lynnhaven River Linda Lundquist, Charlottesville, Virginia, Phone: 395-6106, Director of Virginia Chapter Nature Conservancy, ARP Mary Heinricht, 5016 Mosby Road 23455, Phone: 460-0750, Ad Hoc Southern Watersheds Committee, Michele Shean, 1873 Malbon Road, Phone: 426-5207, ARP Tim Barrow,, 1928 Thunderbird Drive 23454, Phone: 481-6154, ARP Eileen Seeley, 3737 Lynnfield Dr. 23452, Phone: 463-5959, Dredging Western Branch Lynnhaven River There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. May 2, 1995 - 21 - Item IV-K CONSENT AGENDA ITEM # 39127 RESOLUTIONS~ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION, Items 1 (AS AMENDED), 2, 3 and 4 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy I~ Parker, Vice Mayor William D Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 2, 1995 Item IV-ICI CONSENT AGENDA ITEM # 39128 RES OL UTIONS /ORDINANCES Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED, AS AMENDED: Resolution to request the Director of the Virginia Beach Health Department continue to approve and participate in neighborhood rabies vaccination clinics. (Sponsored by Mayor Meyera E. Oberndorf) *The verbiage "Tidewater Humane, Incorporatea~ a nonprofit organization" shall be deleted from the Resolution. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None May 2, 1995 Requested by Mayor Meyera E. Oberndorf A RESOLUTION REQUESTING THE DIRECTOR OF THE VIRGINIA BEACH HEALTH DEPARTMENT TO CONTINUE TO APPROVE AND PARTICIPATE IN NEIGHBORHOOD RABIES VACCINATION CLINICS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 WHEREAS, the City of Virginia Beach has experienced twenty- nine reported cases of rabies since 1992, including fourteen known cases in 1994 and one such case in 1995; WHEREAS, unvaccinated dogs and cats are at an extreme risk of contracting rabies and, in turn, infecting humans with this deadly disease; WHEREAS, financial restraints and transportation limitations affecting portions of the City's animal owner population create circumstances where the number of accessible veterinarians available to provide rabies vaccinations is inadequate to meet the public health needs; WHEREAS, the Virginia Beach Health Department has therefore, in the past, approved and participated in rabies vaccination clinics in selected neighborhoods throughout the City where such needs existed; WHEREAS, these neighborhood clinics, staffed and coordinated by Virginia Beach volunteer veterinarians, provide rabies vaccinations at a reduced cost to the animals' owners; WHEREAS, Virginia Code Section 3.1-796.97 authorizes the conducting of rabies clinics upon a finding by the governing body "that the number of resident veterinarians is inadequate to meet the need"; WHEREAS, Virginia Code Section 3.1-796.100 further authorizes local governing bodies to adopt "ordinances , regulations or other measures as may be deemed reasonably necessary to prevent the spread within its boundaries of the disease of rabies"; and WHEREAS, such neighborhood clinics, supplementing existing veterinary facilities, are considered essential to meet the need to 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 ensure full rabies protection within the City, consistent with Virginia Code Section 3.1-796.97 and pursuant to Virginia Code 3.1- 796.97:1, requiring that all dogs and cats be vaccinated for rabies; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds that due to financial restraints and transportation limitations affecting portions of the City's animal owner population, access to, and hence the availability of, veterinarians is inadequate to meet the public health needs to prevent the spread of rabies; That, in an effort to prevent the spread of rabies in the City of Virginia Beach, thereby protecting the health, safety and welfare of its citizens and visitors alike, the City Council hereby requests the Director of the Virginia Beach Health Department to continue to approve and participate in neighborhood rabies vaccination clinics on an on-going, as-needed basis; and That this Resolution shall remain in full force and effect for one year from the date of adoption, and may be re-adopted each year thereafter upon a like finding of need. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of May, 1995. 56 57 58 59 60 CA-5835 ORDIN%NONCODE~RABIES.RES R-13 MAY 2, 1995 APPROVED AS TO LEGAL Department ot w - 23 - Item IV-K. 2 CONSENT AGENDA ITEM # 39129 RESOLUTIONS~ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to authorize the City Manager to submit an Annual Funding Plan to the United States Department of Housing and Urban Development re the review, approval and funding of the City's 1995- 1996 Annual Funding Plan. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent. None May 2, 1995 I AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 4 WHEREAS, the United States Congress has established legislation designated as the Housing and Community Development Act of 1974 setting forth as a national goal the development of viable urban communities; and WHEREAS, there is federal assistance available for the support of 8 Community Development and Housing activities directed toward specific objectives 9 such as the elimination of deteriorated conditions in Iow and moderate income 10 neighborhoods; the elimination of conditions which are detrimental to health, safety 11 and welfare; the conservation and expansion of the City's housing stock; the 12 expansion and improvement of the quantity and quality of community services; and 13 other related activities; and 14 WHEREAS, the City of Virginia Beach has developed an Annual Funding 15 Plan and has structured the necessary mechanisms for its implementation in 16 compliance with federal and local directives; 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That the City Manager is hereby authorized and directed as the chief 20 executive and administrative officer of the City to submit the Annual Funding Plan and 21 amendments thereto and all understandings and assurances contained therein, and to 22 provide such additional information as may be required to the Department of Housing 23 and Urban Development to permit the review, approval, and funding of the City's 24 1995-1996 Annual Funding Plan. 25 2 26 day of Adopted by the Council of the City of Virginia Beach, Virginia on this May , 1995. 27 28 29 30 31 APPROVED AS TO CONTENT: ~ndrew M. Friedman, Director Department of Housing and Neighborhood Preservation APPROVED AS TO FORM: - 24 - Item IV-IC3 CONSENT AGENDA ITEM # 39130 RESOLUTIONS~ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinances to grant franchises to operate open air cafes on public property in the Resort Area; and, to authorize the City Manager to execute franchise agreements beginning May 1, 1995, (VTRGINIA BEACH BOROUGH): FIVE- YEAR FRANCHISES A.C.A. Corporation t/a Black Angus 706 Atlantic Avenue Sidewalk Cafe Virginia George Co., Inc. t/a Dough Boys 24th 2410 Atlantic Avenue Sidewalk Cafe Nabled Investors Partnership t/a K- Walk Cafe 200 21st Street #106 Sidestreet Cafe Nabled Investors Partnership t/a Primo Pizza 200 21st Street #105 Sidestreet Cafe Ramada on the Beach, L.C. t/a Mahi Mah's 615 Atlantic Avenue Boardwalk Cafe Ramada on the Beach, L.C. t/a Mahi Mah's 615 Atlantic Avenue Connector Park Cafe ONE- YEAR FRANCHISES Three East, Inc. t/a 3 East Cafe 215 Atlantic Avenue Boardwalk/Connector Park Cafe Newcastle Motel t/a Peaches 1203 Atlantic Avenue Connector Park Cafe Howard Johnson Boardwalk Hotel t/a 18th Street Cafe 1801 Atlantic Avenue Connector Park Cafe Ocean II Condominium Owners Association t/a Pogo's Seaside Grill Connector Park Cafe Beachside, L C. t/a Surfside Cafe 2607 Atlantic Avenue Boardwalk Cafe Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 2, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 AN ORDINANCE GRANTING FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA WHEREAS, the City has adopted, and incorporated into a Franchise Agreement, regulations for the operation of open air cafes on public property in the Resort Area; WHEREAS, each of the following corporations/companies (hereinafter referred to as "Grantees") has submitted an application for the operation of an open air cafe at the location indicated, and has paid the required application fee: 1. Three East, Inc. (t/a 3 East Cafe) (boardwalk/connector park cafe) 215 Atlantic Avenue Virginia Beach, VA 23451 2. Newcastle Motel (t/a Peaches) (connector park cafe) 1203 Atlantic Avenue Virginia Beach, VA 23451 3. Howard Johnson Boardwalk Hotel (t/a 18th Street Cafe) (connector park cafe) 1801 Atlantic Avenue Virginia Beach, VA 23451 4. Ocean II Condominium Owners Association (t/a Pogo's Seaside Grill) (connector park cafe) Virginia Beach, VA 23451 5. Beachside, L.C. (t/a Surfside Cafe) (boardwalk cafe) 2607 Atlantic Avenue Virginia Beach, VA 23451 WHEREAS, the representations made in the applications comply with the aforementioned regulations; and WHEREAS, the Department of Convention and Visitor Development has determined that the proposed cafes will have no detrimental effect on the public health, safety, welfare, or interest, and will enhance the festive atmosphere in the Resort Area. 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a franchise is hereby granted to each of the above- listed Grantees to operate an open air cafe at the address indicated herein from May 1, 1995, to April 30, 1996, conditioned on provision by each Grantee of an approved final site plan, liability insurance coverage, a security bond, and applicable franchise fee, and on compliance with all of the terms and conditions of the Franchise Agreement; and That the City Manager is hereby authorized to enter into a Franchise Agreement with each Grantee subject to the aforementioned conditions. on this 2 Adopted by the City Council of the City of Virginia Beach day of May 1995. CA-5917 DATA/ORDIN/NONCODE/FRANCH.ORD APRIL 25, 1995 Ri APPROVED AS TO CONTENT~ APPROVED AS TO LEGAL SUFFI~m~ AN ORDINANCE GRANTING FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, each of the following corporations/companies (hereinafter referred to as "Grantees") has requested renewal of its respective franchise for the operation of an open air cafe at the location indicated: · A.C.A. Corporation (t/a Black Angus) (Atlantic Avenue sidewalk cafe) 706 Atlantic Avenue Virginia Beach, VA 23451 President: Christopher Savvides · Virginia George Co., Inc. (t/a Dough Boys 24th) (Atlantic Avenue sidewalk cafe) Post Office Box 49 Virginia Beach, VA 23458 · Nabled Investors Partnership (t/a K-Walk Cafe) (Atlantic Avenue sidestreet cafe) 200 21st Street #106 Virginia Beach, VA 23451 · Nabled Investors Partnership (t/a Primo Pizza) (Atlantic Avenue sidestreet cafe) 200 21st Street #105 Virginia Beach, VA 23451 · Ramada on the Beach, L.C. (t/a Mahi Mah's) (boardwalk cafe) 615 Atlantic Avenue Virginia Beach, VA 23451 · Ramada on the Beach, L.C. (t/a Mahi Mah's) (connector park cafe) 615 Atlantic Avenue Virginia Beach, VA 23451 WHEREAS, the city has developed a Franchise Agreement for the regulation of open air cafes which each of the above-listed Grantees will be required to execute as a condition of franchise renewal; and WHEREAS, based on each Grantee's successful operation of an open air cafe pursuant to a franchise for the period May 1, 1994, to April 30, 1995, the Department of Convention and Visitor Development has recommended a five-year renewal of the franchise of 42 each of the foregoing Grantees. 43 44 45 46 47 48 49 5O 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a Franchise is hereby granted to each of the above-listed Grantees to operate an open air cafe at the address indicated herein, from May 1, 1995, to April 30, 2000, conditioned on each Grantee's execution of the above-referenced Franchise Agreement and compliance with the terms and conditions thereof. 2. That the City Manager, or his duly authorized designee, is hereby authorized to execute, on behalf of the City, the above-referenced Franchise Agreement with each Grantee. 53 54 on this Adopted by the City Council of the City of Virginia Beach 2 day of May 1995. 55 56 57 58 CA-5916 DATA / ORDIN/NONCODE / FRANCHI S. ORD APRIL 25, 1995 Ri ,~VED AS TO CONTEN~ Vm~tor Development APPROVED AS TO LEGAL SUFFICIENCY Item IV-K. 4 CONSENT AGENDA ITEM # 39131 RESOL UTIONS/ORDINANCES Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $14,594.90 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 2, 1995 4/12/95 EMC FORM NO C A 7 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 certihcation of the Treasurer are hereby approved: Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total Croshaw Beale Hauser etal 95 RE(l/2 Bei Jing Express 95 RE( 1/2 Life Savings Bank 95 RE(l/2 Standard Federal S&L 95 RE( 1/2 First Union Mortgage 95 RE(l/2 First Union Mortgage 95 RE(l/2 B A Mortgage 95 RE(l/2) B A Mortgage 94 RE(l/2) B A Mortgage 94 RE(2/2 Mark S Stiles 94 RE(l/2) Mark S Stiles 94 RE(2/2) Va Beach Federal Savings 93 RE(l/2) Va Beach Federal Savings 93 RE(2/2) Va Beach Federal Savings 92 RE(l/2) Va Beach Federal Savings 92 RE(2/2) ) 007772-7 11/4/94 413.32 ) 130331-1 12/5/94 446.59 ) 027703-9 12/5/94 171.00 ) 009724-2 11/23/94 58.73 ) 084826-2 11/23/94 285.96 ) 115080-5 11/23/94 592.48 045856-6 11/23/94 57.33 045510-5 11/23/93 65.94 04 5510-5 5/27/94 65.94 052901-8 11/30/93 5,547.65 052901-8 6/5/94 5,547.65 056871-6 12/5/92 22.67 056871-6 6/5/93 22.67 056240-1 12/5/91 22.67 056240-1 6/5/92 22.67 To ta 1 13,343.27 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $13,343.27 were approved by the Council of the O~ty of V~rg~nia Beach on the_2 _day of Hay, 19.9.5 Ruth Hodges Smith C~ty Clerk J ohr~r~T. Atkl~son, 'l~reas"6rer V Approved as to form: Le~l,e~L L, Iley-'[ C,~ ~or~.~ FORM NO C A 7 · 4/20/95 /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: Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total Edward G Deibert 95 Lee Chong Tai Enterprises 95 Ira N Dalgarn 95 Thurmond & Micahelle Oliver 95 Alex H & Priscilla Adkins 95 William K Johnson 95 Cheryl A & J F inguerra 95 Joe L & Margaret David 95 Kenneth B & Patricia Rhodes 95 Justo & Salvacion Manglicmot 95 Donald J & Sarah Drake 95 Jean & Beatriz Balavoine 9b Barbara Ann Beashears N/A RE(l/2) 029355-6 3/21/95 36,37 RE(l/2) 068591-8 3/21/95 51.35 RE(l/2) 027228-5 3/29/95 51.85 RE(l/2) 087995-0 3/17/95 59.47 RE(l/2) 000684-9 3/20/95 223.84 RE(l/2) 060192-8 3/21/95 49.85 RE(l/2) 037631-5 3/27/95 142.61 RE(l/2) 027973-2 3/29/95 53.40 RE(l/2) 098183-9 3/21/95 182.21 RE(l/2) 073296-6 3/30/95 82.27 RE(l/2) 032083-9 3/20/95 90.49 RE~I/2) 005212-9 3/24/95 207.92 Pkng B29598 1/3/95 20.00 Total 1,251.63 This ordinance shall be effective from date of adoption. Th~,bL~_~~ ~tement(s)totaling · were approved by the Council of the City of Vi,rginia Beach on the__g__day of may, 1995 Ruth Hodges Smith C~ty Clerk Certi' John ~j/...,,,~ ~ed s to paym nt; ~. ,~,~ ~ ~'~s o~ ,-Xl' reas u r er Approved as to form: - 26 - Item IV-M.l.a. NEW BUSINESS ITEM # 39132 Hazel Hoban's residential structural damage resulting from drainage ditch at 2973 Cherie Drive, Lamplight Manor (L YNNHA VEN BOROUGH). (Sponsored by Councilman W.. W. Harrison, Jr.) Hazel Hoban, 2973 Cherie Drive, Lamplight Manor, represented herself Attorney Jerry Mack Douglas, Jr., Attorney at Law, 485 South Independence Boulevard, Suite 108, Phone: 490-7030, represented Hazel Hoban John Herzke, City Engineer, advised the City does not find evidence of erosion occurring on the bank which is highly stabilized with vegetation. There is no build-up of sediment on the bottom of that canal or on the back of the bank. There is settlement under the foundation of the house. Lewis H. Bridges, Jr., Consulting engineer, employed by Mrs. Hoban, advised the house is too close to the canal. The solution would involve either the relocation of the canal, placing a pipe in the canal or building a bulkhead on the southeast side of the property. City Council requested Councilman Harrison confer with John Herzke, City Engineer, and the City Attorney to review the situation and make his recommendation to City Council. May 2, 1995 - 27 - Item IV-gl. ADJOURNMENT ITEM # 39133 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:45 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor Upon ADJOURNMENT, City Council CONVENED the CITY COUNCIL WORKSHOP SESSION FY 1995-1996 OPERATING BUDGET/ FY 1995-2001 CAPITAL IMPROVEMENT PLAN RECONCILIATION WHICH ADJOURNED at 9.17 P.M. City of Virginia Beach Virginia May 2, 1995 I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE May2, 1995 B R C H R P E A PAGE 1 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N I I III I AGENDA REVIEW SESSION A REVIEVV OF AGENDA ITEMS B CITY COUNCIL CONCERNS II/A BRIEFINGS 1 TOLLWAY CONVERSION Ralph A Smith D~r Pubhc Works 2 EMPLOYEE SAI_A~Y MARKET DATA Fagan Stackhouse Dir Human Resources Ill/IV/ CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y ¥ Y Y Y Y E SESSION F MINUTES 1 Jmnt Meebng - C~ty CounmV School Board 18 April 1995 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 2 Specml Formal Session 18 April 1995 3 Pubhc Heanng APPROVED 9-0 Y Y Y Y A Y Y Y Y Y A 20 April 1995 B B S S T T A A I I N N E E D D 4 Sessions APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y 25 April 1995 AS B CORRECTED S T A I N E D G ADOPT AGENDA FOR FOR FORMAL ADOPTED B Y C O N S E N S U S SESSION H MAYOR'S PROCLAMATIONS 1 NATIONAL DRINKING WATER WEEK Gary Jones May 7 - 13 1995 Eng Mgr Pub Ubl 2 AMERICAN WETLANDS MONTH Clayton Bermck May 1995 Adm~n Env~ron- mental Mgmt I PUBLIC HEARINGS 1 FY 95-96 Budget $837,627,355 FY 95-96 CIP Capital 101,556,031 Budget FY 95-2001 ClP 950,785,234 a G O Bonds (Schools/ 51,1 00,000 roadways/economm/ tourism/other ~mprove- ment projects) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE' May2, 1995 B R C H R P E A PAGE 2 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N III I II I b Storm Water Utility 2,243,500 Revenue Bonds (Improvements/ expansions to Water- Sewer System) c Water/Sewer System 6,593,000 Revenue Bonds (Improvements/ expansions to Water- Sewer System) d Proposed Real Property 4 8 cents Tax Rate Increase of $100 (3 3 cents School assessed cap,al project value construction) (1 5 cents Agrmultural (ARP) Reserve Program) e Proposed Increase of $1 188 per Real Property Tax "effectrve Levies tax rate" f AMEND Chapter 35 of the Code by ADDING ArtK=le XlII pertaining to local telecommumcabon service taxes up to $3 00 per month, effective 1 July 1995 J/K/1 Resolutmn to request Health Dept ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y continue neighborhood rabies vacclnatmn BY chmcs (Sponsored by CONSENT Mayor Meyera E Oberndorf) 2 Ordinance to authorize an Annual ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Funding Plan to HUD re C~ty's 1995-1996 BY Annual Funding Plan CONSENT 3 Ordinances to grant franchises to operate ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y open a~r cafes on pubhc property ~n the BY Resort Area/author~.e agreements CONSENT beg~nmng 1 May 1995 (VIRGINIA BEACH BOROUGH) a FIVE-YEAR FRANCHISES A C A Corp Va Black Angus 706 Atlanbc Avenue VIrg~ma George Co Inc t/a Dough Boys 24th 2410 AtlantK: Avenue Nabled Investors Partnership t/a K-Walk Cafe 200 21st Street #106 Nabled Investors pertnersh~p t/a Primo P~zza 200 21 st Street #105 Ramada on the Beach L C t/a Mahl Mah's Boardwalk Cafe 615 Atlanbc Avenue Ramada on the Beach L C t/a Mah~ Mah's Connector Park Cafe CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE May 2, 1995 B R C H R P E A PAGE 3 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N b ONE-YEAR FRANCHISES Three East Inc t/a 3 East Cafe 215 Atlantic Avenue Newcastle Motel Fa Peaches 1203 Atlanbc Avenue Howard Johnson Boardwalk Hotel t/a 18th Street Cafe 1801 Atlantic Avenue Ocean II Condominium Owners Assoc t/a Pogo's Seaside Grill Connector Park Cafe Beachslde LC t/a Surfs~de Cafe 2607 Atlanbc Avenue ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y 4 Tax refunds $14,594 00 BY CONSENT L/M/1 COUNCIL-SPONSORED ITEM a Hazel Hoban's residential structural Referred for B Y C O N S E N S U S damage resulbng from drmnage d~ch further at 2973 Chene Drive Lamphght Manor study (LYNNHAVEN BOROUGH) (Sponsored by Councilman W W Harnson Jr) N ADJOURNMENT 5'45 PM WORKSHOP BUDGET RECONClEATION 5 48 PM - 917 PM BUDGET/CIP REVIEW SCHEDULE BUDGET/CIP Tuesday May 09 2 PM Council Chamber ADOPTION