No preview available
HomeMy WebLinkAboutDECEMBER 2, 1997 MINUTES"WORLD'S . EST crrv- CITY GOONCIL lAMES K SPORE, Ca~ LESLIE L L~LLEY. Cay RUTH/-lODGES SMITH CMC / AAE, Cay CITY COUNCIL AGENDA C/TY HALL BUILD/NG 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 2J4~6.~00S 17571 427 4303 December 2, 1997 CITY MANAGER'S BRIEFINGS - Conference Room - go PUBLIC INVESTMENT PROTECTION STRATEGY Robert J. Scott, Director, Planning David M. Grochmal, Director, General Services B, LIFEGUARD CONTRACT AND SERVICES Brace W. Edwards, Director, Emergency Medical Services C, RUDEE INLET MAINTENANCE ALTERNATIVES Phillip J. Roehrs, Coastal Engineer, Public Works 10:30 AM II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS INFORMAL SESSION - Conference Room - A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION 12:30 PM Me FORMAL SESSION - Council Chamber - 2:00 PI,, A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend Les Rcdfem, Jr. Carrow Baptist 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 Ge 1. INFORMAL & FORMAL SESSIONS AGENDA FOR FORMAL SESSION November 25, 199'1 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 one motion. PRESENTATION , LAKE GASTON DEDICATION POSTER Conani & Morrison J. ORDINANCES K, le Ordinance to establish Lynnhaven Parkway and Vilcing Drive Intersection Improvements (CIP #2-286); ACCEPT and APPROPRIATE a $286,611 Grant from Virginia Department of Transportation (VDOT); TRANSFER $340,000 from Traffic Safety Improvements - Phase II (CIP #2-285); and, authorize the City Manager enter into a city-state agreement for construction of the intersection improvements. , Ordinance to authorize two (2) temporary encroachments into a portion of the right-of- way of Republic Road (connecting First Colonial and Laskin Roads) by Boney Wilson and Sons, Inc. re constructing and maintaining monument-type directional signs. APPOINTMENTS L, CHESAPEAKE BAY PRESERVATION BOARD (CBPA) COMMUNITY SERVICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS PENDLETON CHILD SERVICE MANAGEMENT BOARD PLANNING COMMISSION RESORT AREA ADVISORY COMMISSION (RAAC) UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT December 9 - December 16 - CITY COUNCIL SCHEDULE Informal Session (as regularly scheduled) Formal Session - 2:00 PM (Planning Items - 2:30 PM) Rescheduled from December 23 Informal Session (as regularly scheduled) Formal Session - 6:00 PM (Planning Items - 6:30 PM) and need assistance at this meeting, please call the CITY CLERK'S OPFICi at 42?-4303 He&ring impaired, call: TDD only (TDD - Telephonic Device for the Deaf) 11/26/97.cmd A~ENDA\12-02-97 www.virginia-beach.va.un MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 2, 1997 Mayor Meyera E Oberndorf called to order the CITYMANAGER'S BRIEFING tn the Counctl Conference Room, Ctty Hall Butldtng, on December 2, 1997, at 10 30 A M Counctl Members Present John A. Baum, Linwood 0 Branch, III, Wtlham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf and Nancy K Parker Counctl Members Absent Vtce Mayor Wtlham D Sessoms, dr [BANK TRAINING IN GREENSBORO, NORTH CAROLINA] Loutsa M Strayhorn [ENTERED 11 15 A M] -2- MA YOR 'S ,4 NNO UNCEMENT ITEM # 42913 Mayor Oberndorf ANNOUNCED her grandson, Joseph David Kelso, was born to her daughter, Marcte, at 4 24 A M on November 29, 1997 Hts stster ts doing well, examtmng htm from head-to-foot Mayor Oberndorf ts very proud He has blond hatr, eyebrows and eyelashes, and weighed 7pounds 8 ounces He was 21 tnches long December 2, 1997 -3- C ITY MANAGER'S BRIEFINGS PUBLIC INVESTMENT PROTECTION STRATEGY 10:30 A.M. ITEM # 42914 Robert Scott, Dtrector of Planntng, introduced the Commons Policy Team Davtd Grochmal - Team Leader Mac Rawls Art Shaw Louts Culhpher John Kalocay Relattve the work completed on the Comprehenstve Plan, there were three tmportant potnts which the staff derived 1 Develop new tools to meet new challenges Be more aggressive relative development, nurturing and protection of quality tn all accomphshments within the Ctty 3 Relationship and role of private secWr with City government. The Team's proposal was to comptle a strategy for protecting public investment A fund was proposed to be estabhshed whtch would Wtth Ctty Councd's approval on a case-by-case basts with a wtlhng buyer and wdhng seller, purchase property where proposed development would appear to the City Council to threaten quality Place restrictions on the development of aforementioned property Ctty Councd beheves approprtate and consistent wtth the destred quality. Place the aforementtoned property back on the market for resale to the private sector Therefore, the purchase of the property by the Ctty would not be for the purpose of owning the property but for reselling the property. MECHANISM A revolving account funded at the begtnmng One of the sources should be sale of excess property currently owned by the Ctty Funds from sale of right-of-way in street closures Funds from lease of property Funds from resale put back in fund to replenish same. (Some properttes need to be excluded t e park sttes, Croatan) Apply certain criteria (hkehhood of development, damage to quahty, abtltty to remarket stte, cost and short comings of other tools) December 2, 1997 -4- C lTYMANAGER'S BRIEFINGS PUBLIC INVESTMENT PROTECTION STRATEGY ITEM # 42914 (Continued) In some cases, the Ctty Counctl has earmarked some of the above funds for other purposes and the Team ts not suggesttng changtng thts, but where funds have not been earmarked for a parttcular purpose, tt ts suggested those funds be devoted for thts parttcular purpose Years ago when the Ctty Councd was widening Independence Boulevard in the Baxter Road area, a drtve- tn theater stte extsted in this vtctntty The City saw the need to acqutre a great deal of thts property, and, tn the process, had the Ctty not acqutred thts property, tt would have damaged the restdual Ctty Counctl dectded to buy the whole ptece of property, place restrictions on the development of the property and then remarket same to promote purposes such as broadentng the tax base Today, the Avis development and Commonwealth College are located on that property Another example would be the Rose HaH stte Years ago there was a constderation by the property owners to develop that site commerctally wtth a discount retail center City Counctl purchased the property and held out the historic stte, reconfigurtng the rematnder of the property wtth appropriate restrictions, rezoning the property Historical and Cultural and then remarketing the property in a manner that was compatible with the Rose Hall site today. Mr Scott distrtbuted a newspaper article relative Portsmouth's efforts entttled "Portsmouth is poised to buy vacated hospital building". There ts benefit to controlhng property, to owmng and reconfigurtng property, putting tt back on the market and getting the money back through resale Satd arttcle ts hereby made a part of the record On a map, Mr Scott ctted areas where the Ctty has tnvested many examples of quality in the area Oceanfront, Dome site, Pavilion, Princess Anne Municipal Center, Lake Ridge/TCC Property, Heron Ridge Golf Course, Pembroke area, Mount Trashmore and Central Library. Mr Scott satd general areas wtH be tdenttfied so Ctty Counctl can react before tt ts too late and provtde the Ctty Counctl wtth tools that are more powerful than those which have so hmtted the Ctty heretofore There are goals whtch the zoning ordinance cannot achieve Zontng may allow, by rtght, somethtng which ts not now approprtate Mr Scott satd thts ts a very pubhc process and wtll require Ctty Council actton on an tndtvtdual case basis The ctttzens should be mvtted to parttctpate tn the setting of the design crtterta and select the approprtate uses The netghborhood should be tnvolved tn a pro-acttve manner Threats are routtnely made tn the rezontng process Mechantsms are tn place that steer the staff away from proposals that are not tn the pubhc tnterest Council Members McClanan and Parker, Robert J Scott - Director of Planmng, and Leshe L Ltlley - City Attorney shall contact Loudon County relattve laws concermng thetr control of aesthettcs and development to determtne tf the City Counctl can utthze same without gotng to the General Assembly If Ctty Council does have to askpermtsston of the General Assembly, thts couM be mcluded wtthtn the Legislative Package The Ctty Staff needs to schedule for a Ctty Council Sesston, an Ordinance establishing this Public Investment Fund. Criteria for utilization of this fund shah be included December 2, 1997 -5- CITY MANAGER'S BRIEFINGS LIFEGUARD CONTRA CT AND SER VICES 11:25 A.M. ITEM # 42915 Bruce Edwards, Dtrector- Emergency Medical Services, advtsed the provtstons of proposed new contracts relattve lifeguard services have been developed by a team led by the Department of Emergency Me&cai Servtces whtch tncludes members form the Police Department, the Purchasmg Dtvtston of Ftnance, Department of Emergency Me&cai Servtces and the Department of Parks and Recreattonal The Team ts betng expanded to tnclude a representative from Convention and Vtsttor Development The proposal ts based on extsttng servtce levels wtth alternatives for expanded servtce in the Resort Area Essentially, the Sandbrtdge area contract rematns unchanged An RFP process utilizing criteria and weights (25% experience; 25% capability and skills; 25% scope of services to be performed; and 25% cost of services) will be used to rate prospective vendors of the service. In 1993, City Council's chrecttve was to form one contract to cover the area from Pendleton to Fort Story However, early tn 1995, Emergency Me&cai Services was made aware that the beach tn front of the Ramada Inn at 57th Street was, tn fact, a public beach and not prtvately owned as was prevtously thought Further research tnto the mtnutes of City Counctl (1988) revealed that Mariners Associates was gtven a one year renewable franchtse in return for alee payable to the Ctty tn the amount orS100. OOper year Because no Ctty franchtse agency was named, and because the Mariners Associates' owners were unaware of the renewal clause as potnted out tn the June 27, 1995, meeting wtth Ctty Counctl, the renewal was overlooked for five years Durtng this ttme hfeguardtng conttnued at the 57th Street locatton by Mariners Associates After much chscusston at the June 27, 1995, Ctty Counctl meettng, tt was dectded that Mariners Assoctates would recetve a renewed franchtse through the end of the 1997 season No chrectton was gtven on how to treat thts separate franchtse when the main resort lifeguard contract expired in September 1997. &nce the removal of parking fees at the Camp Pendleton parking lot, beach usage tn the South Croatan area has rtsen sharply Whtle surfers remain the prtmary customers of the Pendleton Beach, swimmers also use the parktng lot for access to the beach tn the South Croatan area South Croatan beach does not enjoy the benefit of hfeguards The President of the Croatan Ctvtc League has requested hfeguards be provtded to the South Croatan Beach area. Lifeguard services on the resort beach now cease two weeks after Labor Day weekend However, warm temperatures typtcally prevail for some time after that date Swtmmers and surfers, ahke, take advantage of pleasant weather and conttnue to use the unguarded beaches It has been suggested that addtttonal coverage to extend the shoulder season be provtded through the end of September It has been suggested that a ten-year contract mtght permtt a contractor to provtde the same services at a lower cost. Therefore, tt ts necessary to examtne the extenston of the contract pertod form.five to ten years Mr Edwards ctted the following recommendattons An RFP process utilizing criteria and weights (25% experience, 25% capability and skills; 25% scope of services; and 25% cost of services). One contract for the Resort area to include Pendleton, North Croatan Surfing areas, Rudee to 40th Street, 57th Street and Fort Story swimming areas. Investigate other options to have vendors bid on the cost of lifeguard services at South Croatan, and additional two weeks in September and then bid both on a five and ten-year contract. Mr Edwards ctted the cost for current hfeguard services $295,872 - Resort Area (Surfing area at Pendleton, Croatan, Rudee to 40th Street, and Fort Story); and, Sandbridge - $143,599. December 2, 1997 -6- CITY MANAGER'S BRIEFINGS LIFEGUARD CONTRA CT AND SER VICES ITEM tt 42915 (Continued) Mr Edwards advtsed when last btd, there were three btdders on the Resort area Lifeguard Services. One wtthdrew BY CONSENSUS, the Ctty Councd &rected the lifeguard contract and services be either for five or seven years, not ten. The 57th Street franchise shall not be included as an alternate The additional service to South Croatan and the additional two weeks until the end of September shall be included as an alternate. The 57th Street franchise shall rematn a separate contract Assistant City Attorney Randy Blow admsed the 57th Street Franchise was tssued as a two-year contract A hst of all entitles and advertisements relattve the RFPprocessfor the hfeguard contract and services wtll be forwarded to Ctty Counctl December 2, 1997 -7- CITY MANA GER 'S BRIEFINGS R UDEE INLET MAINTENANCE AL TERNA TIVES 12:17P. M. ITEM # 42916 Phtllip J Roehrs, Coastal Engineer - Public Works, chstrtbuted extra coptes of the Poltcy Report dated November 26, 1997, on alternatives for Rudee Inlet maintenance. Thts Policy Report ts a follow-up and supplement to the May 6, 1996, report of the same tttle whtch ts attached as Appendix A, and a second report entitled Rudee Inlet Maintenance Dredging Alternatives Study, by Langley and McDonald, dated August 25, 1997, atached as Appendix B. Both of these reports evaluated alternatives for tmrpovements tn the maintenance dredgtng program for Rudee Inlet and concluded that the most effecttve means to tmprove the dredgtng porgram ts to tncrease staff levels along with minor equipment purchases or monifications A Public Workshop was held tn October attended by Counctl Members Branch, Parker and McClanan A new alternative was focused on whtch seemed to warrentfurther tnvesttgatton, a parttal prtvattzatton Government Owned/Contracted Operated Privatization A proposal has been developed where the Ctty's dredge at Rudee Inlet would be operated by a qualtfied contractor tn the place of ustng Ctty employees. Staff esttmates (wtth tnformal contractor tnpuO that a mtntmum of l 4 personnel , excludtng admtntstrattve support, would be necessary for a contractor to operate the City dredge a suffictent number of hours to address the normal sechment load Gtven the tndustry pay scale, fuel and repatr htstory and other tnctdential costs, tt ts esttmated contractor costs would exceed $750,000. Adding profit, risk and administrative costs to thts figure would bring the esttmate to over $1-MILLION per year. Under a performance based contract, tt ts ltkely that a vtstt by a contractor-supplted dredge would be necessary to clear the approach channel annually, even wtth conttnued parttctpatton by the Corps of Engtneers The Ctty still must accept the liability There are some savings in this form of privatization by providing the use of the Rudee Inlet II and shore facilities when compared to complete privatization However, the level of servtce of the channel ts protenttally the same as the other alternattves and the tncreased cost does not appear to be justtfied Therefore the staffing alternative, presented tn the two prevtous pohcy reports was focused upon The earliest report recommended ten (10) full time additional employees and six (6) full time additional employees. It was agreed nine (9) is a more probable number to expand the operation to seven days a week and to staff up those shifts to a minimum of 6 per shift for safety and efficiency. A plan has been developed to uttltze the addtttonal staff producttvely durtng non-drdgtng tntervals In addttton to ongoing maintenance of the dredge, tender vessels and support equipment, support of other services could include summertime beach litter removal and regrading, maintenance and repair of wooden access ramps for the disabled at the Resort Beach, navigation aids repair, and bridge maintenance Utthztng these addtttonal personnel in other serviced areas durtng non-dredgtng pertods ts esttmated to provtde a savings tn excess of $90,000 ($60,000 in contract costs savings and $30,000 in backlog reduction). There are also some equipment requests whtch evolved in thts last generatton of the report A second tender vessel, a swing compass and a tracked bulldozer are recommended to streamline the oepration, reduce risk, enhance safety and to properly maintain the beach placemnt area at a total cost of $151,500. It is recommeded $18,000 be approved for the purpose of training conducted by ODU and Tom Turner Associates. A mid-year adjustment could be constdered for the purchase of the capttal tmtems and the tntttatton of htrtng If thts were mtd-year, the staff would request the authortzatton of the Capttal Outlay ttems tn the amount of $151,500 and approxtmately 1/3 of the annual salary cost, so the hiring can be initiated. This totals approximately $250,000. The staff ts recommendtng uttltzatton of part of the conttngency reserve or avatlable surpluses from the Public Works Ftscal 1998 Operattng Budget and reapproprtate these funds for thts purpose December 2, 1997 -8- CITY MANAGER'S BRIEFINGS R UDEE INLET MAINTENANCE AL TERNA TIVES 12:17 P. M. ITEM # 42916 (Continued) There are tWO stde issues Structural Changes to Rudee Inlet. The City's Legislattve Package included a request for the Commonwealth to help fund a study for reconfigurtng Rudee Inlet and for the Commonwealth 's asststance in tmplementtng this program Thts ts a very costly study. It ts esttmated to cost approximately $650,000, to brtng through preltmtnary destgn wtth permtts Proposal to Cost Share in an improvement to Croatan Point The way the shoreltne ts configured, tt ts not conductve to effictently moortng the dredge durtng those off hours when not dredgtng In this year's Capttal Improvement Program, there shall be a proposal to cost-share tn a project to tmprove Croatan Potnt An agreement with the Wdmington Dtstrtct ts betng sought to have the Currituck stop here as many as four ttmes a year as she transtts the coast en route to Barnegat Inlet Such an arrangement may ultimately serve as the necessary supplemental dredgtng and mtntmlze the need for contract for dredgtng Although not on paper, Mr Roehrs advtsed the Currituck has agreed tn principal anytime they are gotng by Rudee Inlet, tf there is a need, they wtll make themselves avatlable It ts esttmated that four VlSttS a year would cost $280,800, which would be cost shared at approximately 49% City~51% Federal Whtle the Ctty ts sttll operattng under the ProJect Cooperatton Agreement for Pertodtc Matntenance Dredgtng, Mr Roehrs did not know if the City could contract wtth the Wilmington District However, tt wtll be pursued Mr Roehrs advtsed the weir replacement ts betng pursued Plans are tn his office for review Funds have been approprtated by City Counctl to repair Rudee Inlet's weir, however, the ultimate redesign may not include a weir It may tnclude a wtder or deeper tnlet The Ctty ts authortzed by the current permit to construct the Federal project The current Federal project calls for maximum authorized depth in the channel of fourteen feet. In practice, the dredge does go beyond fourteen feet The City has not applted for a newpermtt. Thejettys are founded at minus 12 If the Ctty were to chg really deep next to them, one wouM have to be concerned about the stabtltty of thejettys Joe Russell advtsed there ts a supervtsor who sphts his time between managtng abrtdge crew and dredgtng crew He ts supervised chrectly by the WaterwaysMaintenance Engineer, who ts the Bureau Head tn charge of the operatton and would ulttmately make the call tf the dredge were mobtltzed Mr Russell ts hts supervtsor and reports to Art Shaw and ulttmately to the Dtrector of Pubhc Works The Waterways Matntenance Engtneer has two offices Rudee Inlet Dredging facility and Landstown Yard. Concermng the boat that grounded,, the City Attorney advised there were two nottces regardtng the shoaling problem at the inlet: the Coast Guard, whtch ts the offictal nottce to martners and the Nottce to the Ftshtng Center, with whtch the court took exception December 2, 1997 -9- AGENDA RE VIEW SESSION 12:47P. M. ITEM # 42917 Council Lady McClanan and Councilman Harrtson requested an explanatton of the Lynnhaven Parkway and Viking Drive tntersectton tmprovements J1 Ordtnance to estabhsh Lynnhaven Parkway and Viking Drive Intersection Improvements (CIP #2-286), ACCEPT and APPROPRIATE a $286, 611 Grant from Vtrgtnta Department of Transportatton (VDOT), TRANSFER $340, O00 from Traffic Safety Improvements - Phase II (CIP #2-285), and, authortze the Ctty Manager enter tnto a ctty-state agreement for constructton of the tntersectton tmprovements John Herzke, City Engtneer, advtsed the Lynnhaven Bustness Assoctatton ts supportive of thts premtse They were pleased when Ctty Staff explatned the addttton of the turn lanes Thts project wtll tnvolve lengthing the southbound left turn lane on Lynnhaven Parkway A northbound right turn lane (tn front of the post office) wtll also be added On the side approaches of Vtktng Drive, addtttonal lanes are added wtth a separate rtght turn lane and a separate lefi turn lane Thts construction wtll not commence unttl January to be past the Hohday season Constructton wall entad approxtmately rune (9) months. Mr. Herzke advtsed Hohday &gnal Ttmtngs have been implemented and the staff has nottced improvements ITEM # 42918 Counctlman Baum tnqutred relative the ttem concermng the Lake Gaston Dedtcatton Poster Mr Clarence Warnstaff - Dtrector of Pubhc Utthties and Acttng Dtrector of Pubhc Works, tntroduced Cortani and Morrison to make a presentatton to Ctty Counctl ora Framed Dedication Poster encompassing the theme selected for Lake Gaston. ITEM # 42919 BY CONSENSUS, the following ttems shall compose the CONSENT AGENDA J1 Or&nance to estabhsh Lynnhaven Parkway and Viking Drive Intersection Improvements (CIP #2-286); ACCEPT and APPROPRIA TEa $286, 611 Grant from Vtrgtnta Department of Transportatton (VDOT); TRANSFER $340, O00 from Traffic Safety Improvements - Phase II (CIP #2-285), and, authortze the City Manager enter tnto a ctty-state agreement for constructton of the tntersection tmprovements J2 Ordtnance to authortze two (2) temporary encroachments tnto a portton of the rtght-of-way of Republic Road (connecttng Ftrst Colontal and Lasktn Roads) by Boney Wilson and Sons, Inc re constructing and matntatmng monument-type dtrecttonal stgns Item J 2 shall be DEFERRED BY CONSENT unttl the City Counctl Sesston of December 9, 1997 December 2, 1997 -10- ITEM # 42920 Councdman John Baum called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Council Conference Room, Ctty Hall Butldtng, on Tuesday, December 2, 1997, at 12 55PM Counctl Members Present John A Baum, Ltnwood 0 Branch, III, Wdham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Nancy K Parker and Loutsa M Strayhorn Counctl Members Absent Mayor Meyera E Oberndorf and Vtce Mayor Wdham D Sessoms, Jr Mayor Oberndorf lefi to attend a funeral of her netghbor, Susan Smtth, returmng to the Formal Sesston at 2.30PM December 2, 1997 -11- ITEM # 42921 Councdman John Baum, entertained a motton to permtt Cay Councd to conduct tts EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Vtrgmta, as amended, for the followmg purpose PERSONNEL MATTERS Dtscusston or constderatton of or tntervtews of prospecttve can&dates for employment, assignment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Appotntments- Boards and Commtsstons Francis Land House Board of Governors Planmng Commtsston PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the conchtton, acqutsitton, or use of real property for pubhc purpose, or of the chsposttton of pubhcly-held property, or of plans for the future of an mstttutton whtch could affect the value of property owned or destrable for ownershtp by such mstttutton pursuant to Sectton 2 1-344(A)(3) To Wtt Kempsvdle Borough Prtncess Anne Borough LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatmng to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advtce by counsel pursuant to Sectton 2 1- 344(A)(7) Carolyn Ltncoln v Ctty of Vtrgtnta Beach, et al Upon motton by Councdman Hetschober, seconded by Councdman Jones, City Councd voted to proceed tnto EXECUTIVE SESSION (12:58 P.M.) Vottng 9-0 Councd Members Voting Aye John A Baum, Ltnwood 0 Branch, III, Wdham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Nancy K Parker and Loutsa M Strayhorn Councd Members Voting Nay None Councd Members Absent Mayor Meyera E Oberndorf and Vtce Mayor Wdham D Sessoms, Jr December 2, 1997 - 12- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 2, 1997 2:30 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Budding, on Tuesday, December 2, 1997, at 2 30 P M. Councd Members Present John A Baum, Ltnwood 0 Branch, III, Wtlliam Vt'. Harrison, Jr, HaroM Heischober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker. and Loutsa M Strayhorn Council Members Absent Vice Mayor Wdham D. Sessoms, Jr [BANK TRAINING IN GREENSBORO, NOR TH CAR OLINA] INVOCATION The Reverend Les Redfern, Jr Carrow Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA December 2, 1997 - 13- CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42922 Upon motton by Councd Lady Parker, seconded by Councd Lady Strayhorn, City Councd CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE }YITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrginta law were discussed tn Executive Sesston to whtch thts certificatton resolutton apphes; AND, Only such pubhc bustness matters as were tdenttfied tn the motton convemng the Executive Sesston were heard, dtscussed or considered by Virgtnta Beach Ctty Council Voting: 10-0 Council Members Voting Aye. John A Baum, Ltnwood 0 Branch, III, Wdham W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Louisa M Strayhorn Councd Members Voting Nay None Councd Members Absent. Vtce Mayor Wdham D Sessoms, Jr December 2, 1997 Beso u on 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 # 42921, Page 11, 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. Ruth Hodges Smith, CMC/AAE City Clerk December 2, 1997 - 14- Item V-F. 1 MINUTES ITEM ii 42923 Upon motton by Counctl Lady Parker, seconded by Counctl Lady Strayhorn, Ctty Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of November 25, 1997. Vottng 10-0 Councd Members Vottng Aye John A Baum, Ltnwood O. Branch, III, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and Loutsa M. Strayhorn Counctl Members Voting Nay None Counctl Members Abstatntng Wtlham W Harrtson, Jr Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr Counctlman Harrtson ABSTAINED as he was not tn attendance durtng the Ctty Counctl Sesston of November 25, 1997 December 2, 1997 - 15- Item V-G 1 ADOPT AGENDA FOR FORMAL SESSION ITEM # 42924 BY CONSENSUS, City Councd ADOPTED: AGENDA FOR THE FORMAL SESSION December 2, 1997 -16- Item V-I 1 PRESENTATION ITEM # 42925 Roger Cortant and Robert Morrtson, representtng Cortant/Morrtson Adverttstng and Publtc Relattons, developed the "Turning the Tide" Theme for Lake Gaston and assisted the Ctty staff tn the celebratton of the Lake Gaston dedtcatton All had pratse for thts tremendous celebratton Mr Cortant expressed apprectatton to the Ctty and presented the Mayor and Members of Ctty Counctl wtth a commemorattve poster celebrattng Lake Gaston. December 2, 1997 -17- Item ORDINANCES ITEM # 42926 Upon motion by Councilman Baum, seconded by Counctl Lady Strayhorn, Ctty Councd APPROVED BY CONSENT in ONE MOTION Ordmances 1 and 2 Item J. 2 was DEFERRED UNTIL THE CITY COUNCIL SESSION OF DECEMBER 9, 1997. Voting: 10-0 Council Members Voting Aye John A Baum, Ltnwood 0 Branch, III, Wtlliam W Harrison, Jr., Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker and Lomsa M Strayhorn Councd Members Voting Nay None Counctl Members Absent Vice Mayor Wdham D Sessoms, Jr December 2, 1997 - 18- Item V-J. 1. ORDINANCES ITEM # 42927 Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to establish Lynnhaven Parkway and Viking Drive Intersection Improvements (CIP #2-286); ACCEPT and APPROPRIATE a $286,611 Grant from Virginia Department of Transportation (VDOT); TRANSFER $340,000 from Traffic Safety Improvements - Phase II (CIP #2-285); and, authorize the City Manager enter into a city-state agreement for construction of the intersection improvements Voting: I 0-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent. Vice Mayor William D. Sessoms, Jr. December 2, 1997 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #2- 286 LYNNHAVEN PARKWAY AND VIKING DRIVE INTERSECTION IMPROVEMENTS; TO ACCEPT AND APPROPRIATE A $286,611 GRANT TO CAPITAL PROJECT #2-286; TO TRANSFER $340,000 FROM CAPITAL PROJECT #2-285 TRAFFIC SAFETY IMPROVEMENTS - PHASE II TO CAPITAL PROJECT #2- 286; AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CITY-STATE AGREEMENT FOR CONSTRUCTION OF THOSE IMPROVEMENTS 11 WHEREAS, Capital Project #2-286 Lynnhaven Parkway and Viking 12 Drive Intersection Improvements is being established to account 13 for design, site acquisition, and construction of improvements for the Lynnhaven Parkway and Viking Drive Intersection at an 15 estimated cost of $626,611; 16 WHEREAS, the City of Virginia Beach applied for a Virginia 17 Department of Transportation (VDOT) Congestion Mitigation and Air 18 Quality (CMAQ) grant and was awarded a net grant amount totaling 19 $286,611 by VDOT which will support a portion of the costs of the 20 project; 21 WHEREAS, $340,000 is available in Capital Project #2-285 22 Traffic Safety Improvements - Phase II to transfer to Capital 23 Project #2-286 Lynnhaven Parkway and Viking Drive Intersection 24 Improvements to complete the funding of the project; 25 WHEREAS, the City has successfully bid the construction and 26 has received approval from the Commonwealth Transportation Board to 27 execute the construction contract; and 28 WHEREAS, VDOT has prepared a City-State Agreement for the 29 construction of the project by the City. 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH: That the Capital Budget is hereby amended by 32 establishing Capital Project #2-286 Lynnhaven Parkway and Viking 33 Drive Intersection Improvements; 34 BE IT FURTHER ORDAINED: That the $286,611 CMAQ grant for the 35 intersection improvements is hereby accepted from VDOT and 36 appropriated to Capital Project #2-286 Lynnhaven Parkway and Viking 37 Drive Intersection Improvements, and that estimated revenue from 38 the Commonwealth is hereby increased by $286,611; 39 BE IT FURTHER ORDAINED: That $340,000 is hereby transferred 40 from Capital Project #2-285 Traffic Safety Improvements - Phase II 4! to Capital Project #2-286 Lynnhaven Parkway and Viking Drive 42 Intersection Improvements; and 43 BE IT FURTHER ORDAINED: That the City Manager is hereby 44 authorized to enter into a City-State Agreement for construction of 45 46 the intersection improvements. / December Adopted the 2 day of __, 1997, by the Council of the City 47 of Virginia Beach, Virginia. 48 49 50 51 APPROVED AS TO CONTENT ~ -Walte~ C. Krae~f~, Jr., Department of Management Services 52 53 54 APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office 55 56 57 58 CA-6833 DATA/ORDIN/NONCODE/LYNNVIK. ORD NOVEMBER 19, 1997 RI LOCATION MAP / / / / / / / / / / ,/ / SCALE I 1" = 1,6gl~' ! ! I ~EDfflq~I' I 10.48... ,REVISED / *./.. POST OFFICE LOCATION MAP FOR ,,',1~ INTERSECTION -~ ~~_ ;~IMPROVEMENTS ', ©© PREPARED BY P,~f ENG. DRAFT, 13-NOV-Iqq7 'VIKING DR. & LYNNHAVEN PKWY. AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA DEPARTMENT OF TRANSPORTATION The City of Virginia Beach, Commonwealth of Virginia, hereinafter referred to as VIRGINIA BEACH, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT, hereby agree as fpilo~s: 1. VIRGINIA BEACH will prosecute a project for the improvement of the intersection of Viking Drive and Lynnhaven Parkway within VIRGINIA BEACH, Project U000- 134-V41, PE-101, C-501 and Federal Project CM-54043. 2. VIRGINIA BEACH approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board/Federal Highway Administration and agrees that if such project is approved and constructed by the DEPARTMENT, VIRGINIA BEACH, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. 3. VIRGINIA BEACH agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number of or width of traffic lanes, or any a~ditional median crossovers and enlargement of existing~,~median crossovers, or any alterations to channelization islands, without the prior written approval of the DEPARTMENT. 4. Parking will be prohibited at all times on both sides of this project and appropriate NO PARKING signs shall be erected. The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. 5. VIRGINIA BEACH agrees that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices or be subject to the approval of the DEPARTMENT. 6. VIRGINIA BEACH agrees that the location and installation of utility poles, lighting standards, traffic signal poles or any other facility installed or placed within the right of way by any public authority, or other agency, shall conform to VDOT Larval'Use Permit Manual or be subject to the approval of the DEPARTMENT. 7. VIRGINIA BEACH agrees to comply with Title VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Section 2.1-374 through 2.1-376 of the Code of Virginia (1950), as amended. 8. VIRGINIA BEACH agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. 9. VIRGINIA BEACH agrees that prison labor will not be used for any purpose whatsoever on this project. 10. VIRGINIA BEACH agrees to participate in the actual cost of this project which includes a special provision for price adjustment in accordance with the following tabulation, understanding that the costs shown are estimated and. the percentages will be applied to actual costs*: PROJECT COST VIRGINIA BEACH'S SHARE ITEM ESTIMATED COST % AMOUNT Preliminary Engineering $ 5,217.00 .4 $ 20.86 Construction 287,783.00 .4 1151.13 Construction 177,151.51 100 177,151.51 Totals $470,151.51 $178,~1'23 50 * The limiting Congestion Mitigation and Air Quality funds available for this project are $293,000. The ratio up to this amount will be 80% federal, 19.6 % state, and .4% City of Virginia Beach. Expenditures above this amount will be 100% City cost. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the CITY of VIRGINIA BEACH on the day of , 1997, and the DEPARTMENT on the day of ,1997. ATTEST: CITY OF VIRGINIA BEACH BY BY CITY CLERK CITY MANAGER NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM CITY ATTORNEY SIGNATURE DEPARTMENT COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY COMMISSIONER -19- Item V-J.2. ORDINANCES ITEM # 42928 Upon motton by Councilman Baum, seconded by Counctl Lady Strayhorn, Ctty Councd DEFERRED until the City Council Session of December 9, 1997: Ordtnance to authortze two (2) temporary encroachments into a portton of the rtght-of-way of Republic Road (connecting Ftrst Colonial and Laskm Roads) by Boney Wilson and Sons, Inc. re constructtng and matntatntng monument-type directtonal signs Voting 10-0 (By Consent) Councd Members Vottng Aye. John A Baum, Ltnwood 0 Branch, III, Wtlham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and Loutsa M Strayhorn Council Members Vottng Nay' None Counctl Members Absent Vice Mayor Wilham D Sessoms, Jr December 2, 1997 - 20- Item V-K. APPOINTMENTS ITEM # 42929 BY CONSENSUS, Ctty Councd RESCHEDULED the followtng APPOINTMENTS CHESAPEAKE BAY PRESER VA TION BOARD (CBPA) COMMUNITY SER VICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS PENDLETON CHILD SER VICE MANAGEMENT BOARD PLANNING COMMISSION RESORT AREA AD VISOR Y COMMISSION (RAA C) December 2, 1997 - 21 - Item V-M.. NE W BUSlNESS ITEM # 42930 BY CONSENSUS, Cay Council DIRECTED' Planning items to be heard by City Council will be advertised for Public Hearing at 2:00 PM on the Second Tuesdays of each month; and, at 6:00 PM on the Fourth Tuesdays (beginning 13 January 1998). December 2, 1997 - 22 - Item V-N. ADJOURNMENT ITEM # 42931 Mayor Oberndorf DECLARED the Ctty Counctl Meeting ADJOURNED at 2:45 P M Chief Deputy City Clerk John A Baum Counctl Member - Blackwater Borough ~E City Clerk Meyera E Oberndorf Mayor City of Vtrgima Beach Vtrgtnta December 2, 1997