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Home My WebLink AboutFEBRUARY 4, 1997 MINUTESCity of Virginia Beach "WORLD'~ LARGEST RE~ORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SESSOM$, JR, At Large JOHN A BAUM, Blackwatet Bomulh LIN~/OOD 0 BRANCH I!1 V, rgm~a Beach BorouRh ~/ILI. JAM l)d HARRISON, JR, L.vnnhat, en Borouih HAROLD HEISCHOBER, At Large BARBARA M HENLEY, P. ngo Boroujlh LOUIS R JONES, Bays~de Borough REBA S McCLANAN, P~ncess Anne Borough NANCY K PARKER, At Large LOUISA M STRAYHORN, Kemps'v~lle Borough ]AMES K SPORE, Cay Manager LESLIE L LILLEY, Cay Attorney RUTH HODGES SMITH, CMC / AAE Cay Clerh CITY COUNCIL AGENDA February 4, 1997 , OUR #~. CI7 ¥ tlALL BUILDING 2401 ( OURIHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 9005 1757~ 427 4303 I · CITY MANAGER'S BRIEFING - Conference Room - A. RESORT TRANSIT STUDY (TROLLEY) Mark Niles, BRW, Inc. 11:00 ~ II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf 12:30 AN B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V· FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Oberndorf 2:00 PM B. INVOCATION: Reverend William M. Shelton, DD Wycliffe Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS January 28, 1997 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by ont motion. I. RESOLUTIONS/ORDINANCES i · Resolution re a policy for sharing certain General Fund Revenues between the City and the Virginia Beach School Board. Deferred: 7 January 1997 . Resolution to describe the Sandbridge Beach Nourishment Project between the Dam Neck Naval Training Facility and the Back Bay National Wildlife Refuge; and, clarify and express intent re the vesting clause with the U.S. Army Corps of Engineers for the Easement Agreements and federal, state and local funding for future nourishment. · Ordinance to REPEAL Chapter 4, Article IV of the City Code re bingo games and raffles. . Ordinance to authorize license refunds in the amount of $57,330.39. 5. Ordinance to authorize tax refunds in the amount of $557.79. J. UNFINISHED BUSINESS K. NEW BUSINESS 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 Deaf) 01/30/97cmd AGENDA\02\04\97. ITM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 4, 1997 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, February 4, 1997, at 11:00.4. M. Council Members Present: Linwood O. Branct~ III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy lC Parker Council Members Absent: Vice Mayor William D. Sessorns, Jr. [ENTERED: 11:48 A.M.] John A. Baton HaroM Heischober Louis R. Jon es [EPA HEatRING IN WASHINGTON, D.C. RE LAKE GASTON] [OUT OF CITY ON B USINEXV] [EPA HEARING IN WASHINGTON, D.C. RE LAKE GASTON] Louisa M. Strayhorn [ENTERED: 11:35 A.M.] -2- CITY MANAGER'S BRIEFING RESORT TRANSIT STUDY (TROLLEY) II:00 A34. ITEM # 41714 Dale R~ Castellow, Transportation Planning Co-Ordinator, advised that City Council had requested Staff to work with TRT to prepare a Resort Area Transit Study. TRT contracted with BRW, INC. Mr. Castellow introduced Mark Niles. Mark Niles, BRW, Inc., distributed the study, which is hereby made a part of the record and, with the utilization of slides, depicted the NEEDS ASSESSMENT: Review of Operating Data and Characteristics Review of Area and Visitor Characteristics Peer Review of Similar Systems Discussions with Stakeholders Field Review During Peak Season BRW investigated eight other systems with Resort Area Travel Service: Myrtle Beach, South Carolina; Wildwood, New Jersey; Clearwater Beach, Florida; Daytona Beach, Florida; Orlando, Florida,; Corpus Christi, Texas; Pensacola, Florida; and, Ocean City, Maryland. Virginia Beach appears to be average. ~ ii ii Resort ~.rea Peak ,4vg. Headway Avg ~4verage Fares Fund Issues and Vehicles Datly (Mms) Wage/ O&M Sources Unique Riders Hr. V'eh./Hr Charac- teristics Virginia Beach, 11 862 10-15 5.50 $2Z$0 $,$O/RvL Local Bunching Va. General of vehicles Revenue during F'DOT, congested condittons, poor perceptton Of ser~tce hospitality providers and visttors. SYSTEM NEEDS Improved Trolley Routings and Service Levels Strategies to Maintain System Headways and Reliability Customer Service Improvements System Promotion and Information Dissemination The different Alternatives were evaluated according to Technical Feasibility, Financial Feasibility, Ease of Implementation and Institutional Arrangements. Mr. Niles displayed the matrix summarizing these alternatives: AL TERNA TIVES TROLLEY ROUTES AND SERVICES LEVELS Museum Route Extension Increase Museum Route Frequency Increase Atlantic Trolley Frequency Pavilion Trolley Connection Multimodal Center at 19th Street. February 4, 1997 -3- CITY MANAGER'S BRIEFING RESORT TRANSIT S~DY (TROLLEY) ITEM # 41714 (Continued) AL TERNA TIVES (Continued) SYSTEM SCHEDULE AND HEADWAYS - SHORT TERM IMPROVEMENTS Field Supervisors and Communications Temporary Reserved Trolley Lanes Move Atlantic Trolley to Pacific Avenue SYSTEM SCHEDULE AND HEADWAYS - LONG TERM IMPROVEMENTS Boardwalk Tram Service Permanent Exclusive Trolley Lanes CUSTOMER SERVICE IMPROVEMENTS Customer Service Training Incentives for Customer Service Retaining Quality Trolley Drivers MARKETING AND PROMOTION Eliminate Fares Use of Tokens Increase System Visibility COST ESTIMATES OF THE PHASED IMPROVEMENTS Phase 1 Improvements Q & M Costs Increase Capital Cost Increase Field Supervisors Temporary Reserved Lanes Financial Incentives for Customer Services Introduction of Discount ($. 10) Tokens Increase System Visibility Total Phase I $ 30,000 $16,300 $ 4,000 $ 40,000 $ 0 $ 90,300 0 12,530 0 $ 0 32,000 44,$3o Phase 2 Improvements Museum Route Extension Pavilion Connection Pullout Construction Customer Service Training Strategies to Retain Quality Drivers Fare Elimination Phase 1 Improvements* Total After Phase 2 M Costs 55,000 $ lS,6oo 620 40,000 $ 85,000 $ 50,300 $249,$20 cost of $40,000 which is covered Capital Cost Increase $ 250,000 $ 250,00o $180,000 $ 0 $ 0 $ 68o, ooo ter fare elimination in Phase 2. February 4, 1997 -4- CITY MANAGER'S BRIEFING RESORT TRANSIT STUDY ~ROLLEY) ITEM#41714 (Continued) Mr. Niles displayed Phase 1, Phase 2 and Phase 3 Recommended Improvements. Rob Hudome, Resort Manager - Convention and Visitor Development, advised City Staff has briefed all the Resort Area associations: Resort Area Advisory Commission, Resort Leadership Council, Hotel -Motel Association, Restaurant and Retail Association. The general consensus is the traffic on Atlantic Avenue does not serve passenger vehicles or trolleys very well and they would like to have an alternative transportation system. Therefore, these Associations have endorsed this Phase 1 Plan in concept and requested additional details relative the reserved trolley lanes, the exact times and the implementation of same. The Civic Leagues have not been briefed relative this concept. The Museum Route Extension was missing from Phase 1, but this is being planned for implementation. These Associations have endorsed this extension. The R,4AC did approve use of TGIF funding for possibly one year. However, this is not their preferred method of financing. Dale Castellow advised if you park in a City parking facility you receive four free tokens. This program can be expanded with a promotion and visibility concept so the visitor does not have to ask for the tokens. February 4, 1997 -5- ,4 GENDA RE VIEW SESSION 12:08 P.M. ITEM # 41715 Vice Mayor Sessoms referenced the recommendation to DEFER: LI Resolution re a policy for sharing certain General Fund Revenues between the City and the Virginia Beach School Board. ITEM # 41716 Council Ixtdy Henley inquired relative: 1.2 Resolution to describe the Sandbridge Beach Nourishment Project between the Dam Neck Naval Training Facility and the Back Bay National Wildlife Refuge; and, clarify and express intent re the vesting clause with the U.S. Army Corps of Engineers for the Easement Agreements and federal, state and local funding for future nourishment. Council Lady Henley advised last year the funds were authorized to be transferred from the Special Tax District to the Army Corps of Engineers to complete the work, but this was not necessary as funds were forthcoming. These funds are still within the Sandbridge Tax District. The City Manager advised this Resolution would not have to be rescinded. If there is no sand projecg the funds that have been collected from the districts will be refunded to the people, but that has never been clarified in writing. The City Manager advised this can be brought forward when the City acts on the Project Cooperation Agreement. Council Lady Strayhorn referenced a citizen inquiry if Sandbridge does not receive the Federal Funding would they as citizens be able to "push" sand in pre-hurricane season or after hurricane season. They wished to have the right to protect their property. The City Manager advised of a procedure on an emergency basis, the citizen may receive a permit in an expedited manner. The City cannot have just random reshaping of the beach, there must be some notification and coordination. Assistant City Attorney Gary Fentress advised correspondence from the City Attorney to the Mayor and City Council and E. L. Hamm, addressing some of these issues. Said letters are hereby made a part of the record. ITEM # 41717 Council Ixtdy McClanan inquired relative today's newspaper article, February 4, 1997, which stated the City is exempt from the Bill pending in the General Assembly as the City is expending funds in excess of $100,000. The City has no responsibility in relation to Bingo and Raffles. Why would the City still need permission from the General Assembly to appropriate funds? L3. Ordinance to REPEAL Chapter 4, Article II'of the City Code re bingo games and raffles. Assistant City Attorney Randy Blow advised during the 1995 Session, the General Assembly adopted legislation, effective July 1, 1996, which repealed the authority of local governing bodies to regulate bingo games and raffles and vested control of all charitable gaming in the Commonwealth of Virginia Charitable Gaming Commission. There may be administrative items which the City will still continue to do; however, in terms of actual code provisions outlining the City's regulatory authority, the City has no regulatory authority. The delay in bringing this matter to the Council for its formal action is due to the fact that the Commissioner of the Revenue retained some responsibility for continuing to audit those operations of local bingo/raffle organizations, which occurred prior to July 1, 1996. All outstanding bingo/raffle accounts have now ben audited for the last time at the local level and, therefore, it would be appropriate to move forward with repeal of the City's bingo and raffle-related provisions. This item will be DEFERRED until the City Council Session of February 11, 1997, to enable response as to why the City requested permission of the General Assembly to continue spending funds on bingo, if the City is no longer responsible. February 4, 1997 -6- AGENDA REVIEW SESSION ITEM # 41718 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTIONS~ORDINANCES L2. Resolution to describe the Sandbridge Beach Nourishment Project between the Dam Neck Naval Training Facility and the Back Bay National Wildlife Refuge; and, clarify and express intent re the vesting clause with the U.S. Army Corps of Engineers for the Easement Agreements and federal, state and local funding for future nourishment. L3. Ordinance to REPEAL Chapter 4, Article IV of the City Code re bingo games and raffles. L4. Ordinance to authorize license refunds in the amount of $$7,$$0.$9. 1.5. Ordinance to authorize tax refunds in the amount of $557.79. Item 1.3. will be DEFERRED BY CONSENSUS until the City Council Session of February 11, 1997. February 4, 1997 -7- CITY COUNCIL CONCERNS 12:$2 P.M. ITEM # 41719 Council Lady Parker advised the General Assembly is considering two Bills which authorize the Virginia Department of Transportation to permit the "trimming" of trees which block motorists' view of billboards along certain highways. The language of each Bill makes it clear that the term "trimming ~ includes cutting down and removal of trees. One Bill (HB 2604) protects trees greater than 4 inches in diameter, while the other (HB 2394)protects trees greater than 9 inches in diameter. Both Bills wouM only apply to roads within the City which are (1) interstate highways (2) federal-aid primary highways as'of June 1, 1996, or (3) national system highways. Within the City, such roads include 1-64, Routes 13 and 44, Shore Drive, Atlantic Avenue between 31st Street and Shore Drive, Independence Boulevard, part of Oceana Boulevard (generally that portion of it abutting NAS Oceana) and, eventually, the Southeastern Parkway and Greenbelt. Council Lady Parker requested a Resolution in OPPOSITION to these House Bills be ADDED to the AGENDA. ITEM # 41720 Mayor Oberndorf inquired if City Council was receiving faxes from the Virginia Municipal League re the easement area and the communications companies. The VML has requested each elected official to contact a member of the Legislature to advise them how devastating this legislation couM be to a City's budget. Mayor Oberndoff referenced the Resolution opposing the enactment of proposed legislation effectively divesting Virginia localities of the right to be compensated for the use of rights-of-way by Telephone Companies ADOPTED by City Council on January 28, 199Z There was a full committee meeting on Saturday, February 2, 199Z February 4, 1997 -8- ITEM # 41721 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, February 4, 1997, at 12:25 P.M. Council Members Present: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: John A. Baum, HaroM Heischober and Louis 1~ Jones February 4, 1997 -9- ITEM # 41722 Mayor Meyera E. Oberndorf,, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of V~rginia, 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-held 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(A)(3). Acquisition of Property Virginia Beach Borough Sandbridge Recreation Easements Acquisition/Disposition of Property Pungo Borough LEG~ MA~ERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Contract Negotiation - Recycling Trigon Claims Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council voted to proceed into EXECUTII~ SESSION. Voting: 8-0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baurn, Harold Heischober and Louis R. Jones February 4, 1997 - 10- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL February 4, 1997 2:15 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, City Hall Building, on Tuesday, February 4, 1997, at 2 15 P.M Counctl Members Present. Ltnwood O. Branch, III, Wtlliam W. Harrtson, Jr, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wilham D. Sessoms, Jr. and Louisa M Strayhorn Counctl Members Absent. John A Baum Harold Hetschober Louts R Jones [EPA HEARING IN WASHINGTON, D.C. RE LAKE GASTON] [OUT OF CI~ ON BUSINESS] [EPA HEARING IN WASHINGTON, D C. RE LAKE GASTON] INVOCATION' Dr. T E Thieman Chaplatn PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, being a Corporate Officer of Central Ftdehty Bank, disclosed there were no matters on the agenda in whtch he has a "personal interest", as defined in the Act, etther individually or in hts capactty as an officer of Central Ftdelity Bank The Vtce Mayor regularly makes thts Dtsclosure as he may or may not know of the Bank's tnterest in any application that may come before Ctty Counctl Vtce Mayor Sessoms' letter of January 1, 1997, ts hereby made a part of the record February 4, 1997 - 11 - CERTIFICATION OF EXECUTIVE SESSION ITEM # 41723 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, 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 in the motkm convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum, Harold Heischober and Louis R. Jones February 4, 1997 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 # 41722 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, Co) 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. Rut~ Hodges Smith, C~MC/AAE City Clerk February 4, 1997 - 12 - Item V- F. I MINUTES ITEM # 41724 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of January 28, 1997, AS AMENDED: Page 43 ITEM # 41706 ORDINANCE UPON APPLICATION OF LITCHFIELD MANOR, INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITiONAL R- 7.5 Z01971061 The .following directions shall be DELETED from the Minutes of Litchfield Manor, as they only apply to the Rollingwood, L.L.C. application. City Council directed that during Subdivision Review, the Staff: Ensure the applicant provide right turn movement into Kellam High School from the west with a temporary access along the Ferrell Parkway right-of-way. b. The interior traffic circulation shall be coordinated as per the Site Improvement Map dated November 11, 1996. c. Ensure that residential subdivision will connect with ingress and egress roads to Kellam High School. Gooseberry Drive shall be closed between Holland Woods and Rollingwood Subdivisions until such time as the improvements to Holland Road and Ferrell Parkway are complete. At that time, the closing of Gooseberry Drive shall be at the discretion of City Council. Tree protection along Holland Road, adjacent to the Rollingwood Subdivision, shall be coordinated to save the maximum number of trees in that area. Voting: 8-0 Council Members Voting Aye: Linwood O. Branch, III, ~illiam W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum, Harold Heischober and Louis R. Jones February 4, 1997 - 13 - Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 41725 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION The following Resolution shall be ADDED TO THE AGENDA: Resolution opposing HB 2394 and HB 2604 re trimming of trees which "block motorists' view of billboards". February 4, 1997 - 14 - Item I/-G. 2. ADD -ON ITEM # 41726 Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council ADDED TO THE AGENDA: Resolution opposing HB 2394 and HB 2604 re trimming of trees which "block motorists' view of billboards". Voting: 8-0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum, Harold Heischober and Louis R. Jones February 4, 1997 - 15 - Item V'-L CONSENT AGENDA RESOL UTIONS/ORDINANCES ITEM # 41727 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED BY CONSENT in ONE MOTION Items 1, 2, 3, 4 and 5 of Resolutions/Ordinances Item J. L1. was DEFERRED BY CONSENT until the City Council Session of February 11, 1997. Item J. L3. was DEFERRED BY CONSENT until the City Council Session of February 11, 1997. Voting: 8-0 Council Members l/oting Aye: Linwood O. Branch, III, William W.. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy tC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum, Harold Heischober and Louis R. Jones Council Lady Parker VERBALLY ABSTAINED on L2 as she had voted against this project previously. February 4, 1997 - 16 - Item V-L1. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 41728 The following registered to speak and expressed concerns: Krishra Mukkamala, 2325 Londale Court, Phone: 471-7632 Hannah Cheadle, 3015 Little Island Road, Phone: 721-2154 Richard McKa'nney, 2605 Ridley Place, Phone: 481-6566 Laree Brantley, 4614 Savory Court, Phone: 499-2657 Michael Hamar, 1597 Bay Point Drive, Phone: 481-9214, President - Virginia Beach Association for the Gifted and Talented. Upon motion by Vice Mayor Sessoms, seconded by Council lxtdy Strayhorn, City Council DEFERRED TO THE 11 FEBRUARY 1997 CITY COUNCIL SESSION: Resolution re a policy for sharing certain General Fund Revenues between the City and the Virginia Beach School Board. Voting: 8-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members .4bsent: John ,4. Baum, Harold Heischober and Louis 1~ Jones February 4, 1997 -17- Item V-L2. CONSENT AGENDA ~SOL UTIONS/ORDINANCES ITEM it 41729 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution to describe the Sandbridge Beach Nourishment Project between the Dam Neck Naval Training Facility and the Back Bay National Wildlife Refuge; and, clarify and express intent re the vesting clause with the U.S. Army Corps of Engineers for the Easement Agreements and federal, state and local funding for future nourishment. 7-0 (By ConsenO Council Members Voting Aye: Linwood O. Branc& III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Nancy IC Parker Council Members Absent: John A. Baum, Harold Heischober and Louis R. Jones Council Lady Parker VERBALLY ABSTAINED on L2 as she had voted against this project previously. February 4, 1997 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 RESOLUTION DESCRIBING THE SANDBRIDGE BEACH NOURISHMENT PROJECT AND CLARIFYING AND EXPRESSING INTENT AS TO THE VESTING CLAUSE OF THE EASEMENT AGREEMENTS AND EXPRESS INTENT TO SEEK FUTURE NOURISHMENT FUNDING Whereas the City Council pursuant to certain conditions precedent has expressed its intent to support and appropriate funds for a one-time City-funded, federally sponsored, emergency beach nourishment project at Sandbridge; and Whereas certain Sandbridge oceanfront property owners have requested the City Council to clarify aspects of the project and the easement agreements which establish a public beach necessary for construction of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the project contemplated will restore a length of beach approximately five miles long from the Dam Neck Naval Training Facility (Dam Neck) to the Back Bay National Wildlife Refuge (Back Bay Refuge) by constructing a 50 foot wide beach berm at elevation 6 feet National Geodetic Vertical Datum with a i on 20 slope to the edge of water, thus creating from the recreation easement line seaward, a sand beach approximately 170 feet wide at mid-tide. The elevation and width of the berm and thus the width of the sand beach may differ from the above based upon bid prices received, but in all cases, and to the extent possible, the project will be constructed to provide a uniform and continuous beach width seaward of the easement line from Dam Neck to the Back Bay Refuge. BE IT FURTHER RESOLVED: That certain property owners have inquired as to the status of the vesting clause of the public recreation and construction easements--and the City Attorney has advised the Council and the Council concurs that upon execution of a Project Cooperation Agreement (PCA) between the City and the Army Corps of Engineers the recreation and construction easements will vest in the public, and that execution of a PCA is indicative that all conditions of the Army Corps of Engineers and the City Council for construction of the project have been satisfied including the appropriation of 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 funds, but if for any reason subsequent to execution of the PCA and vesting of the easements the project is not constructed and is abandoned by the City, the City will release all public recreation and construction easements which were received for the purpose of enabling construction of the project. BE IT ALSO RESOLVED: That the Council has previously passed its resolution advising that the proposed project described herein is a one-time, one- hundred percent locally funded effort, but herein affirms its previous resolve to continue to pursue in concert with the City's Congressional and State delegations, federal and state funding for this project and for future periodic renourishment of Sandbridge Beach. Adopted by the Council of the City of Virginia Beach, Virginia this 4TH day of FEBRUARY , 1997. CA-6541 Noncode\ Sandbrid. Res R-4 01/30/97 Department of Worl~ APPROVED AS TO LEGAL SUFFICIENCY - 18 - Item V-L 3. CONSENT AGENDA RESOLUTIONS~ORDINANCES ITEM # 41730 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council DEFERRED TO THE 11 FEBRUARY 1997 CITY COUNCIL SESSION: Ordinance to REPEAL Chapter 4, Article IV of the City Code re bingo games and raffles. Voting: 8-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum, Harold Heischober and Louis R. Jones February 4, 1997 - 19 - Item V-L4. CONSENT AGENDA RES OL UTIONS /ORDINANCES ITEM # 41731 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize license refunds in the amount of $57,330.39 upon application of certain persons and upon certification of the Commissioner of the Revenue. I/bting: 8-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W.. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum, Harold Heischober and Louis R. Jones February 4, 1997 FOI~¢ NO CA IHEV 3~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcations for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Beach Fed Mortgage Corporation 2101 Parks Avenue S-400 V~rgm~a Beach VA 23451 1994-95 Audit 5,763 41 Gamma Construction Co, Inc P O Box 22047 Houston TX 77227 1994 Audit 1,887 56 Government Technology Services Inc 4100 Lafayette Center Dnve ChantHly VA 22021 1994-96 HHItop Yogurt Inc 8946 T~dewater Dnve Norfolk VA 23503 Audit 49,384 08 1994 Audit 64 29 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $57,099 34 of the C~ty of V~rglnla Beach on the Fourth 5,763 41 1,887 56 49,384 08 64 29 Cerhfled as to Payment ~ert P Vaughan,~__~- Comm~smoner of the--Revenue Approved as to form L el~'~ L'-Lilley C~ty Attorney were approved by the Council day of Februarv ,19 97 Ruth Hodges Smith City Clerk 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 YEAR PAID PENALTY INTEREST TOTAL M~Ja Inc 3244 Bowcreek Blvd V~rg~n~a Beach VA 234552 Turnqu~st V~ctor H Jr 3209 Jade Court #204 V~rg~n~a Beach VA 23451 1997 01-03-97 200 00 1994-95 Audit 31 05 200 00 31 O5 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $231 05 of the C~ty of V~rg~n~a Beach on the Fourth Cerbfled as to Payment (..~.......~cto6'ert P Vaug~__.// Commissioner of the Revenue Approved as to form Les"~ffe'l_ L,Ile~" ~'' // C~ty Attorney were approved by the Council day of February ,19 97 Ruth Hodges Smith City Clerk - 20 - Item V-l. 5. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM it 41732 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize tax refunds in the amount of $557.79 upon application of certain persons and upon certification of the City Treasurer. Voting: 8-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baton, Harold Heischober and Louis R. Jones February 4, 1997 1/23/97 EMC ORM 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 certification of the Treasurer are hereby approved: Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total George & Leopoldine Phillips 97 Isaac B & Patricia Steward 97 Leon B & Arlene S Carter 97 Constance P Bohannon 97 Bonnie B Sullivan 89 RE(l/2) 095212-8 11/14/96 254.98 RE(I/2) 134165-2 12/31/96 80.07 RE(l/2) 019571-3 12/18/96 46.30 RE(l/2) 011122-4 1/7/97 92.34 PP 179870-2 5/1/96 84.10 Total 557.79 This ordinance shall be effective from date of adoption. T h~ 5~i:~v~9abateme n t(s) total,ng · were approved by the Council of the City of Virginia Beach on the 4 day of Febz'uaz'¥~. 1997 Ruth Hodges Smith C~ty Clerk Ce! Joh~ Ti'A~:ln Pa~~~surer Approved as to form: l'esh~' L. L~lley, Cit~Att~ - 21 - Item V-L6. CONSENT AGENDA RESOL UTIONS/ORDINANCES ITEM # 41733 ADD-ON Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution opposing HB 2394 and HB 2604 re trimming of trees which "block motorists' view of billboards". Voting: 8-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum, Harold Heischober and Louis 1~ Jones February 4, 1997 Requested by Councilmember Nancy K. Parker A RESOLUTION REQUESTING THE GENERAL ASSEMBLY NOT TO ENACT AND, IF NECESSARY, THE GOVERNOR TO VETO, LEGISLATION AUTHORIZING THE CUTTING OF TREES ALONG HIGHWAYS WHEREAS, the General Assembly is considering House Bill No. 2394 and House Bill No. 2604 during the current session; and WHEREAS, both bills would authorize the Virginia Department of Transportation to authorize the cutting down of certain trees obstructing motorists' views of outdoor advertising structures lawfully erected along certain highways; and WHEREAS, trees enhance and promote the beauty of the City of Virginia Beach, while outdoor advertising structures detract from the City's appearance; and WHEREAS, it is the sense of the City Council that trees should not be trimmed or cut down to provide greater visibility for outdoor advertising structures; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the General Assembly is hereby requested not to enact either of the aforesaid bills and, if either bill is enacted, the Governor is hereby requested to veto such bill. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk is hereby directed to transmit a copy of this Resolution to the Governor and to each member of the City's General Assembly delegation. Adopted by the Council of the City of Virginia Beach, Virginia, on this 4th day of February , 1997. CA-97-6547 wmordres \ bi 1 lboard, res R-1 January 31, 1997 Bill Tracking - 1997 session - IVfier~ofl Internet Explorer Page I of I 978263442 HOUSE BILL NO. 2604 House Amendments in [ ] -- January 30, 1997 ,4 BILL to amend the Code of V~rgmta by adding a section numbered $$.1-$?1. L relating to control of certain vegetation on highway rtghts-of-way. Patrons-- Ruff, Albo, Baker, Behm, Bennett, Bryant, Callahan, Cantor, Chnstian, Clement, Cooper, Councili, Cranwell, Crittenden, Crouch, Darner, Davies, DeBoer, Deeds, I~amonstem, Dickinson, Dillard, Drake, Dudley, Griffith, Gust, Hargrove, $ohnson, Katzen, Keating, Kilgore, Melvin, Moore, Nelm~, Nixon, Orroek, Parfish, Phillips, Puller, Re~d, Robinson, Rust, Stump, Tare, Thomas, Wardrup, Weatherholtz and Wooch'um, Senators' Barry, Bolling, Chiehester, Colgan, Farley, Edwards, Hawkins, Holland, Houek, Lambert, Lucas, Martm, Maxwell, Miller, K O., Miller, Y B., Newman, Norment, Quayle, Reasor, Reynolds, Saslaw, Stolle, Stoseh, Trumbo, Wampler and Woods Referred to Comnuttee on Transportahon Be ~t enacted by the General Assembly of Virginia' I That the Code of Vtrgtma ~s amended by adding a secUon numbered 33 1-371 I as follows ~33.1-371.1. Control of certain vegetation. The Department shall by permtt authorize the selectwe trimming of vegetation obstructing motortsts' views of outdoor aclverttstng structures lawful~ erected along a htghway. No trees more than [-rnne-four ] mches tn dtameter shall be cut down or removed unless they are diseased or unstght~, or they endanger the health or retard the growth of other desirable vegetation. The Department shall adopt regulattons not tn conflict with the provisions of this sectton to govern the issuance of permtts under this section .~.. Go to (General Assembly Home) Friday, January 31, 1997 9 26 AM Bdl Tracking - 1997 session - l~e~,x~fi Intemet Explorer Page 1 of I 974886322 HOUSE BILL NO. 2394 Offered January 20, 1997 ,4 BILL to amend the Code of Virgtnia by adding a section numbered 3.1-3 71.1, relating to control of certain vegetation on highway rtghts-of, way. Palxons- Kilgore and Tat~ Referred to Committee on Agricultur~ Be ~t enacted by the General Assembly of V~rguua I That the Code ofVtrgtma ~s amended by addmg a secUon numbered 3 1-371 I as follows. ~3.3 1-371 1. Control of certatn vegetation. The Department shall by permit authorize the selecttve trtmmmg of vegetation obstructing motortsts' views of outdoor adverttstng structures lawful~ erected along a highway No trees more than nine tnches tn dtameter shall be cut down or removed unless they are diseased or unsightly, or they endanger the health or retard the growth of other desirable vegetatton. The Department shall adopt regulattons not tn conflict with the provisions of thts section to govern the issuance of permits under this sectton. lGo to (Genernl Assembly Home) Fnday, January 31, 1997 9 28 AM - 22 - ITEM # 41754 Mayor Meyera E. Oberndoff, 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-held 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(A)(3). Acquisition of Property Virginia Beach Borough Acquisition/Disposition of Property Pungo Borough Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION (2:55 P34.). I/oting : 8-0 Council Members Voting Aye: Linwood O. Branch, III, William gE. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum, Harold Heischober and Louis 1~ Jones February 4, 1997 - 23 - CERTIFICATION OF EXECUTIF~E SESSION ITEM # 41735 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: Linwood O. Branch, III, William W.. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum, Harold Heischober and Louis 1~ Jones February 4, 1997 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 # 41734 Page No. 22 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, Co) 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. ~uth Hodges ~'mith~ CMC/AAE City Clerk February 4, 1997 - 24 - Item V-L. ADJOU~MENT ITEM # 41736 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:08 P.M. Beverly O. Hooks, CMC/,4AE Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia February 4, 1997 , CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H M B T A S C E S R DATE: February 4, 1997 B R C H C R P E A PAGE: 1 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N I BRIEFING: A RESORT TRANSIT STUDY (TROLLEY) Mark Niles BRW Inc II/111/ CERTIFICATION OF EXECUTIVE CERTIFIED 8-0 A Y Y A Y A Y Y Y Y Y IV/V/E SESSION F/1 MINUTES - 28 January 1997 APPROVED/ 8-0 A Y Y A Y A Y Y Y Y Y AMENDED G AGENDA FOR FORMAL SESSION A[:X~PTED B Y C O N S E N S U S ADD Resolution opposing HB 2394 ADDED 8-0 A Y Y A Y A Y Y Y Y Y and HB 2604 re trees I-I/I/1 Reeolution re policy ~harlng certain DEFERRED 8-0 A Y Y A Y A Y Y Y Y Y Revenues between the City/School Board BY CONSENT TO 2/11/97 ADD/ Resolution opposing HB 2394/HB 2604 re Al)OPTED 8-0 A Y Y A Y A Y Y Y Y Y ON trimming of trees which 'block motorists' BY CONSENT view of bllboards" 2 Resolution re Sandbrldge Beach ADOPTED 7-0 A Y Y A Y A Y Y A Y Y Nourishment between Dam Neck Naval BY CONSENT B Training Fac/Beck Bay National Wildlife S Refuge/clarify/express intent re vesting T clause with Corps of Eng for Easement A Agreements/federal/state/local funding I N E D 3 Ordinance to REPEAL Chapter 4/Article DEFERRED 8-0 A Y Y A Y A Y Y Y Y Y IV of City Code re bingo games/raffles BY CONSENT TO 2/11/97 i 4 License refunds - $57,330.39 APPROVED 8-0 A Y Y A Y A Y Y Y Y Y BY CONSENT 5 Tax refunds - $ 557 79 APPROVED 8-0 A Y Y A Y A Y Y Y Y Y BY CONSENT i J/K Recess to Executive Session re APPROVED 8-0 A Y Y A Y A Y Y Y Y Y acquisition of property (2:55 PM) CERTIFICATION OF EXECUTIVE CERTIFIED 7-0 A Y Y A Y A Y Y Y A Y SESSION L ADJOURNMENT 4 08 PM PLEASE SEE CORECTION TO 28 JANUARY 1997 SUMMARY' City Council, on 4 February 1997, AMENDED the Minutes of 28 January 1997 to delete the Subdivision Review Items they had previously asked staff to monitor on UTCHFIELD MANOR, INC Condlbonai COZ. The same Subdivision Review Items will remain effective for ROLLINGWOOD, LLC. Conditional COZ CITY COUNCIL RETREAT 18 FEBRUARY 1997