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HomeMy WebLinkAboutJUNE 1, 1999 MINUTES,y o irg~rz~a eac "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA F.. OBERNDORF, A~-Large V/CE MAYOR WILUAM D. SESSOMS, JR.. A~-Lurge LlNWOOD O. BRANCH!!I. Distric! 6-Beach MARGARET L. EURE, District 1-Cen~ervi[le WlLLIAM W. HARRlSON,lR., Districi 5-/.yroJiaven HAROLD HElSCHOBER, At-Large BARBARA M. HENLEY, District 7-Princess Anne LOU/S R. JONES. Dislrict 4-Bayside REBA S. McCLANAN, Districr 3-Rose flull NANCY K. PARKER. A~-Large A.M. (DON) WEEKS. Distric~ 2-Kempsviffe ClTY HALL BUlLDlNG ! 2401 COURTHOUSE DRNE JAMES K. SPORE, Ciiy Manager C ITY CO U N C I L AG E N DA VlRG/N!A BEACH, VlRGINlA 23456-91X)5 PfIONE: (757/427-4.f03 LESLlE L. L/LLEY. City Attorney FAX: (757) 426-5669 RUTHHODGESSM/TN,CMC/AAE,Ci~yClerk EMAIL: CTYCNCL@CITY.VIRGWIA-BEACFLV June 1, 1999 I. CITY MANAGER'S BRIEFINGS: - Conference Room - A. PRINCESS ANNE CORRIDOR - Planning Study [30 min] Robert J. Scott, Director, Department of Planning B. WATER HELP TO OTHERS [15 min] Clarence Warnstaff, Director, Departments Public Utilities/Public Works 10:30 AM C. FERRELL PARKWAY PHASE VI - Development Participation Agreement [60 min] Clarence Warnstaff, Director, Departments Public Utilities/Public Works D. REAL ESTATE ON THE INTERNET [15 min] Jerald D. Banagan, Real Estate Assessor E. PRINCESS ANNE COURT HOUSE VOLUNTEER RESCUE SQUAD SATELLITE STATION Bruce Edwards, Director of Emergency Services [15 min] II. REVIEW OF AGENDA ITEMS [15 min] III. CITY COUNCIL COMMENTS [15 min] IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL 1:30 PM C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION A. B. C. D. E. F. G. H. I CALL TO ORDER - Mayor Meyera E. Oberndorf INVOCATION: Reverend William A. Dyson Mount Zion AME Church - Council Chamber - 2:00 PM PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF EXECUTIVE SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS AGENDA FOR FORMAL SESSION May 25, 1999 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. RESOLUTIONS 1. Resolution re Definitive Agreement re proposed merger ofthe Tidewater Transportation District Commission (TTDC) and the Peninsula Transportation District Commission (PENTRAI~ with the amendment to the cost participation agreement approved by the City of Chesapeake and with the change of name of the new commission to "Transportation District Commission of Hampton Roads (TDCHR); and, authorize the City Manager to execute said agreement. 2. Resolution to request Congress enact a three-year program entitled "Consequences for Juvenile Offenders Act of 1999" at the funding level of $500-Million per year over the next three fiscal years, with 75% of each state's share being distributed to local government for use in juvenile justice systems . ORDINANCES 1. Ordinance to AMEND Section 6-116 of the City Code; and, ADDING Section 6-116.1 re surfing. 2. Ordinance to AMEND the City Code by ADDING new Section 23-30.1 re live exhibitions or performances. 3. Ordinances and Resolution re THE SPORTSPLEX (Virginia Beach Sports Stadium Project #9-003) a. APPROPRIATE $169,339 re constructions costs. b. APPROPRIATE $231,968 re construction and 1998 operation costs/claims. c. Resolution re Basic User Fee(s) and Maintenance Agreement to authorize the Department of Convention and Visitor Development and the Development Authority to act on behalf of the City. 4. Ordinances re Sheriffs Department: a. APPROPRIATE $1,092,295 from the State Compensation Board to the FY 1999-00 Operating Budget; TRANSFER $157,104 from the General Fund Reserve for Contingencies to the FY 1999-00 Operating Budget re matching funds to pay increases and expenses related to the seventeen (1'~ additional positions and equipment upgrades; and, estimated revenue from the Commonwealth be increased accordingly b. APPROPRIATE $300,000 of unanticipated Inmate Housing Reimbursements to the FY 1998-1999 Operating Budget re funding increased inmate housing costs; APPROPRIATE $300,000 in unanticipated revenue in the Inmate Telephone Fund to the FY 1998-1999 Operating Budget re funding increased inmate medical expenses; estimated revenues from the Commonwealth and the Inmate Telephone Fund be increased accordingly; and, the total $600,000 be funded through revenue derived from services provided by the Sheriff s office. 5. Ordinance to authorize temporary encroachments upon the City's rights-of-way at Mediterranean Avenue,l4`f' Street and 16~' Street to VIRGINIA BEACH PENTECOSTAL CHURCH OF CHRIST re erecting and maintaining four (4) directional signs (BEACH - DISTRICT 6) 6. License Refunds: $ 9,126.97 J. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT **,~~****~* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Dea fl *******~** OS/27/99BAP AGENDA\06\O 1 \99. www.virginia-beach.va.us tr' 2 U ~ . _ -_ - . ~ y ` _ O 2 S `' 9,p~ O~Ci S S ~F OUR NPZ~~N M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 1, 1999 MayorMeyera E. Oberndorf called to order the Briefing on PRINCESSANNE CORRIDOR in the Council Conference Room, City Hall Building, on June 1, 1999, at 10: 30 A.M. Council Members Present: Linwood O. Branch, III , Margaret L. Eure, Harold Heischober, Barbara M. Henley, Reba S. McClanan, MayorMeyera E. Oberndorfand NancyK. Parker Council Members Absent.• Vice Mayor William D. Sessoms, Jr William W. Harrison, Jr. Louis R. Jones [ENTERED: 11: 44 A.M.J ~ENTERED: 11:1 S A.M.J [ENTERED: 12: 35 P.M.J A. M. "Don " Weeks [ENTERED: 10: 45 A.M.J -2- CITYMANAGER'S BRIEFING PRINCESS ANNE CORRIDOR 10:30 A.M. ITEM # 45045 Robert Scott, Director of Planning, advised based upon the work of the Comprehensive Plan, the Princess Anne Corridor is very special. It is deserving of unique ideas and construction. There are some very unusual relationships which need to be properly managed between competing land uses and road construction in the area. One of the major investors in this Corridor is the City of Virginia Beach. Tom Pauls, Chief of Comprehensive Planning, advised the PrincessAnne Corridor Study is similar to the Laskin Road Study and is an offshoot of quality physical environment for the Ciry. The City has identified a number of corridors relative beautification, which they have found to be exceptional. The Princess Anne Corridor, in addition to aesthetics, has a number of land use considerations. The distinction between the Laskin Road Corridor and the Princess Anne Corridor is the Princess Anne Corridor has a lot of undeveloped land, much ofwhich isAG-1 andAG-2Agriculture, and is developable. How this develops will shape the Corridor. Mr. Pauls introduced issues involving gateways, landscaping, access, the Southeastern Parkway bridge and neighborhood protection. Council Lady Henley and Mr. Pauls presented information to Christopher Farms relative this initiative. This evening, Mr. Pauls will meet with the Board of Directors of Landstown Lakes/Landstown Meadows. Mr. Pauls has been in contact with a number of property owners in this Corridor. The staff and the consultant will proceed with a full Workshop on Wednesday, June 2, 1999. Tentatively, an Open House throughout the Corridor will be scheduled for June 30, 1999, to give the citizens and business representatives an opportunity to examine the alternatives. A preferred alternative will have been selected. Later in July, the process of finalizing the document will commence. The staff will proceed with the Comprehensive Plan Amendment, subject to City Council's direction. Mr. Pauls introduced Roger Courtenay, EDAW Consulting Firm. Mr. Courtenay advised the staff inet two weeks ago with municipal stakeholders and agency representatives relative preliminary ideas for the Corridor. The Princess Anne Corridor is approximately four miles long stretching from the Municipal Center to South Independence Boulevard. This Corridor is approximately 500 feet wide with eventually a right-of-way of 200 feet, in which the City will be developing its concepts. Through the utilization of slides, Mr. Courtenayprovided information relative the Princess Anne Corridor Study. The focus of the study primarily is from the future Ferrell Parkway to Dam Neck Road extended; however, the intersections along the way will be examined, particularly at the Southeastern Parkway. The intersection at Ferrell Parkway and the whole relationship to the Municipal Center will be examined. The Consultants will assist the City with initial planning ideas from some ofthe development land base that exists along the Corridor. There are issues of integrating storm water management into the Corridor development andperhaps significantly at the intersection with the Southeastern Parkway. There are also issues involving the Farmers Market and Princess Anne Park with further corridor opportunities onto Independence Boulevard. The consultants wish to build upon the character of the Municipal Center, which is colonial and neo-Georgian architecture. There would be a narrow median down toward the Municipal Center. Essentially, just two lanes would be built on each side with provision for additional widening in the future, within a narrow (200 foot or narrower) right-of-way. This section of the Corridor might be moreformal with street trees in the middle of the narrow median. North and west of the Parkway intersection, the reverse would be occurring. The median could be wider with significant landscaping developing over time. Mr. Courtenay displayed projects of his firm i.e. Celebration in Florida (Disney's new Town) which might provide examples ofsignage, formal planting, fences and other landscaping. Sound walls will be necessary in the southern and eastern end of the Corridor. There will be quite a lot of o~ce development in association with Disney's new Town. Signage and architecture are carefully integrated. There will be a bikeway and pedestrianway along side of the Corridor. There may be one, and perhaps two, overpass(es) along the Corridor. In the Southeastern Greenbelt and Parkway project, the Consultants identified Princess Anne Road might be the only local road which would come up and over the Parkway thus giving Princess Anne character and a special presence. Mr. Courtenay displayed examples of their Atlanta Project. This is a rather narrow parkway corridor extendingfrom the suburbs into the Ciry and yet significant walkways were created, integrating signage and lighting. A slide depicted what might be expected north and west of the SoutheasterK Parkway intersection moving along toward Dam Neck Road with a wider median as well as landscaping on both sides. As the disposition of Princess Anne Park, the Farmers Market and Princess Anne Commons (as a whole) are discussed, some opportunities might be available to make more of a civic statement at the entrance to those facilities. There might even be the opportunity for some whimsy in the form of sculpture. Mr. Courtney displayed a slide illustrating a project in Louisville, depicting the "Louisville Slugger". There may be opportunities in the form of bus stops, signage and other gateway elements at various intersections or along the Corridor to create architectural moments that take the character of the Municipal Center down Princess Anne Road or up Princess Anne Road. June 1, 1999 -3- CITYMANAGER'S BRIEFING PRINCESS ANNE CORRIDOR ITEM # 45045 (Continued) Mr. Courtenay advised some of the next steps beyond the Workshop on Wednesday, dune 2,1999, will be reviewing the Southeastern Greenbelt and Parkway. Perhaps this is an opportunity to give Princess Anne Road some elevation change so a project can be in place which looks forward to when there might be a true overpass. The loop road will connect Dam Neck Road through and into Princess Anne Commons. Some preliminary figures on traffic volumes suggest it might be opportune to have a grade separated bridge over Princess Anne Road in this vicinity. This remains to be finalized There are approximately 4or 5 different signage systems present on the Corridor. EDAW is working with a signage consultant to determine if the signs can be unified or replaced with more appropriate ones. Alignment issues will be investigated and bring the 250 foot right-of-way from the north and west. Preliminary cost estimates will be conducted. Mr. Pauls advised it is the intent to create an incentive based plan, which the City hopes will result in consolidation of parcels along this Corridor with a controlled access roadway, so there are not curb cuts every 200 feet lining the Corridor. There was an environmental assessment some time ago for VDOT, which indicated sound walls may be required along the properties in the viciniry of Curry Comb Courts (north of the old Post O~ce - now Cox Communications Center). The other site would be adjacent to the Southeastern Parkway and Greenbelt, along portions of Landstown Meadows. The objection is, if there is a way to avoid soundwalls, the City wishes to do so, but if they must be installed, there is enough right-of- way, to design either berms, landscaping and soundwall material to be attractive and masked as much as possible. Mr. Courtenay advised in the Southeastern Parkway, a cross-section was developed, which would bring the grade up and create a landscaped berm on top of which additional height for soundwalls can be constructed. Then those soundwalls would not be as high as they would sitting on top of landscaping, which assists in framing and screening the soundwalls on both sides. One of the key components of the study is to identify the difference between VDOTfunding andadditional costs for capital improvements, operations and maintenance. Mr. Herzke advised the soundwalls are driven by the VDOT/FHWA requirements because ofthe fundingsource. This would be done atproject expense with the exception of any enhancements beyond the normal functional soundwalls, i.e. aesthetic amenity. VDOT will generally look to the City to pay the difference between a standard soundwall and the amenity features. The City will work with VDOT to minimize the expense exposure and, at the same time, be assured the optimum aesthetic qualities are ensured. Mr. Pauls advised, this will culminate in a ComprehensivePlanAmendmentfor the City Council's action. This amendment would require additional Public Hearingsprior to adoption. Thepublic will have meaningful input. Mr. Pauls advised he and other representatives of the PlanningDepartment have met with representatives of ChristopherFarms and Landstown Lakes, as well as many individuals who own properties located on the Princess Anne Corridor, and those citizens who have expressed an interest in developing some of these properties. Input received on February 4,1999, at Kellam High School, without a microphone and over 300 citizens in attendance, was di~cult. However, an immense amount of information was received from the public. The undeveloped land, just north of Christopher Farms, of approximately 100 acres, is now zoned for AG-1 and AG-2. The residents do not wish to see any commercial development within that tract of land. This tract of land could easily accommodate commercial development. Those comments were taken into account, as well as their desire to limit the rear access off'Princess Anne Road to their communiry. Landstown Lakes did not wish two of their stub streets linking to the Loop Road. This has been taken into account. In late June, there will be a public Open House. Council Members expressed concern as many civic groups do not meet duringJune and many residents are on vacation. The City Manager advised the die has been cast to some extent in terms ofPrincess Anne Road further to the north and west. The major institutional uses, which have been approved in terms of the Amphitheater, TidewaterCommunityCollege, OldDominion University/NorfolkState UniversityHigher Education, Advanced Technology Center, High School 2001. The City's objective is not simply to repeat an 8-lane road running down to the Municipal Center. If the City wishes to do something superior to this, it must be different. The loop roads are a way of having traffic access the area without curb cuts on Princess Anne Road and a key to allowing the City to do a narrower roadway with more landscaping. If the City were to embark on a typical roadwayproject, there would be a 6-lane or 8-lane roadway, which has been depicted on the Master Plan for years. The City is attempting to upgrade this section. Prior to School recessing for the Summer, Council Members suggested Roger Courtenay present the information to the residents. The City Manager advised this was a positive road project and he suggested the process wait until September. Information relative the Loop Roads, proposals relative Princess Anne Park and the Farmers Market shall be presented. Mayor Oberndorfwill confer with Council Ladies Henley and McClanan relative a scheduling of this presentation A chronology of the destination points shall be provided. June 1, 1999 -4- CITYMANAGER'S BRIEFING WATER HELP TO OTHERS 11:34 A.M. ITEM # 45046 Clarence Warnstaff, Director-Department ofPublic Utilities/Public Works, presented theH2O (WaterHelp to Others) Program through slides. Said information is hereby made a part of the record. This program is designed to provide financial assistance to citizens whose water service is in danger of being terminated because of inability to pay their bill. It is modeled after Virginia Power's Energy Share Program. The program would be regional (cities within the Hampton Roads PlanningDistrict Commission planning area) and voluntary. Cities and counties participate at will and contributions come from customers who respond to solicitations in their utility bills. This program is endorsed by the Hampton Roads Planning District Commission (HRPDC), which is urging all of the region's localities to make a decision in July to join the program in time for the Fall 1999 fund-raising campaign. They are conducting a pilot program in the City of Norfolk and James City County. Mr. Warnstaff outlined the Eligibility Criteria: Must live in the service area of the participating utility. Must be in danger of losing residential water service provided by the participating utility. Must demonstrate a personal or family crisis. Is eligible for program assistance on time in any 12-month period in the amount of $250 or the balance due, whichever is less. Must agree to participate in an educational program as recommended by the Social Service provider selected by the participating utility. Should assume some responsibility for partial payment of the bil~ Daniel Stone, Director - Social Services, and his staff have agreed to be the City's agent, which would administer this program. FUND ALLOCATION Regional fund allocation formula ensures consistent and equitable distribution of donations to the participating localities. All donations are pooled into one regional fund for allocation. Fund will be administered by the Hampton Roads Sanitation District, which has volunteered to serve as the central accounting and collection agency for the H20 program. Funds will be allocated for disbursement in each locality in proportion to the number of water accounts in each participating jurisdiction. ADMINISTRATIVE CRITERIA All donations will be pooled into one regional fund for allocation to reduce the administrative costs of the program. Municipal water utilities that choose to participate at some time in the future will be required to wait to participate until the next regularly scheduled regional fund-raising effort. The allocation formula will be reviewed and evaluated at least once a year. June 1, 1999 -S- CITYMANAGER'S BRIEFING WATER HELP TO OTHERS ITEM # 45046 (Continued) The Ciry staff is recommending Virginia Beach participate in the program, which is strictly voluntary, on behalf of the customers. The average bills would be different among the jurisdictions. There are approximately 11,000 accounts which are terminated each year for non payment. Of this I1,000, approximately 4, 000 appear to be repeat customers. Council Lady Eure advised for nine years she was the Energy Share representative for the Eastern District of Virginia Power. It is not aproblem of having someone designated to collect the funds. The difficultpart of any program, as this, is who is going to pay the funds. Each district in Virginia Power has their own group to administer this program i.e. United Way, Social Services, Salvation Army. In the Eastern District, the Salvation Army performs this function and receives a fee. The Salvation Army's records are excellent. They know the people who are in need and those who abuse the system. Through the Energy Save Program, they attempt to eliminate those who abuse the system. Those who applied had to go to credit counseling. The Energy Share Program is based on need, not on population. The employees of Virginia Power also contribute to this fund. Mayor Oberndorf advised Mr. Warnstaff has arranged for and Social Services has agreed to be the City's agent to determine if the applicants are deserving. The Hampton Roads Sanitation District Commission will receive the funds and allocate same. The eligibility criteria states the individual must agree to participate in an educational program, as recommended by the Social Service provider. Mr. Warnstaff advised the amount of $250 utilized in the eligibiliry criteria is extremely rare and doubts that amount will ever be utilized. A typical residential bill for water andsanitary sewer on a monthly basis would be ~40.00+. BY CONSENSUS, a Resolution committing the City of Virginia Beach to participate in the H20 - Water Help To Others Program, shall be scheduled for the Ciry Council Session of June 8,1999. June 1, 1999 -6- CITYMANAGER'S BRIEFING FERRELL PARKWAYPHASE VI - Development Participation Agreement 11:56 A.M. ITEM # 45047 Clarence Warnstaff, Director ofPublic Utilities/Public Works, advised in the past six to nine months, he has ad an opportunity to speak to the City Council relative a number of roadway projects in the City. Mr. Warnstaff reiterated a history of the roadway project presentations: October 2, 1998: Information was provided on the Sandbridge Road Corridor Study. October 6,1998: Briefing to City Council relative Ferrell Park VI and VII November 4, 1998.• Responded in a question and answer format to concerns of City Council. April 23, 1999: The City Manager provided correspondence relative proposed Cost Participation Ferrell Parkway Phase VI. April 30, 1999: The City Manager transmitted to City Council a Policy paper on the issue of Ferrell Parkway Phase VI Cost Participation Agreement. May 4, 1999: Briefing on Ferrell Parkway Phase VI - Development Participation Agreement May 4,1999: Responded to City Council 's concerns relative cost estimates generated for Ferrell Parkway Phase VI May 18,1999 - Briefing by the Planning Department relative land use in the General Booth Corridor. Relative the October 6, 1998 - Sandbridge Road Corridor Study, 12 different alternatives were considered during this analysis. The route recommended by City Staff was Alternative B-2. It provided for a straight alignment along Ferrell VI and VII to General Booth and Sandbridge Road. The road from General Booth to Atwoodtown Road would be 4-lanes and from Atwoodtown Road to Sandbridge 2-lanes. Included in the staff's recommendation was an 800' bridge overAshville Bridge Creek in order to minimize environmental impacts. Certain safety improvements were also recommended for Sandbridge Road and were identified as a part of the City Manager's Capital Improvement Program (ADOPTED.• May 11, 1999). Included in the Capital Improvement Program was funding in the amount of $2.9-MILLION, which would be available for a CostParticipation Agreement, ifauthorized by City Council. The City saw an opportunity to achieve an improvement in the roadway network by what was perceived as a good business deal for the City. Ellis-GibsonDevelopmentGrouppresentedtheirproposeddevelopmentforthe "ReasorTracY'which proposes commercial development of approximately 1 SO acres on a site located directly south of the Red Mill Farm and west of the Fox Chase subdivisions. The proposal presents the City an opportunity to have the Developer design, dedicate right-of-way and build a portion of Ferrell Parkway - Phase VI, as well as the extension of Upton Drive. The proposed road network to be built by the developer would support not only the proposed development, but would also provide an arterial connection to the Red Mill Farm and Fox Chase subdivisions to General Booth Boulevard It would run from General Booth to a point just east of Upton Drive and a four- lane divided parkway with a bike path. Upton Drive would be a four lanes undivided roadway between Ferrell Parkway and Warner Hall Drive. There would be an additional two lanes between Warner Hall Drive and the existing four-lane roadway north with a four-lane divided parkway and a bike path between Ferrell Parkway and Princess Anne Road. There would be traffic signals included at Princess Anne Road, Sandbridge Road, Upton Drive, Ferrell Parkway and Upton Drive, Ferrell Parkway and General Booth and at a location to provide access to the proposed development. June 1, 1999 -7- CITYMANAGER'S BRIEFING FERRELL PARKWAYPHASE VI - Development Participation Agreement ITEM # 45047 (Continued) Two alignments were proposed by the developer. Mr. Warnstaff outlined these alignments on the map: Straight alignment - Ferrell Parkway would continue in essence in an easterly direction along the Ferrell Parkway alignment that was recommended in the Sandbridge Corridor Road Study. Curved alignment - Ferrell Parkway would curve down to the intersection of Sandbridge and Princess Anne Road. Upton Drive would come into this portion of Ferrell Parkway. The staff has recommended the straight alignment. Mr. Warnstaff summarized the benefits from the proposed Cost Participation Agreement: The City saw an opportunity to reduce the City's costs for these roadway improvements leveraging public funds with private funds. It is estimated that the total CIP costs for an equivalent project to be undertaken solely by the City would cost approximately $12.7-MILLION. Even considering the improvements that would potentially be required of the developer, the proposed cost participation agreement still appeared to be an attractive business deal for the Ciry. The roadway improvements would be accelerated.. Currently, these improvements are not programmed in the 6 year CIP. The funds, if City Council authorized, are programmed for a Cost Participation Agreement in the amount of $2.9-MILLION. These improvements would reduce the trafftc congestion conditions currently experienced at Princess Anne Road, General Booth and also Princess Anne Road and Sandbridge Road intersections. The Ferrell Parkway extension east of General Booth would provide a safer means of access for Lago Mar residents, as well as sections ofRed Mill, adjacent to Ferrell Parkway. Of all the alternatives identified under the Sandbridge Road Corridor study, there was one common thread in all the recommendations and that was to build a roadway along this route at least to Camino Real, in order to serve these subdivisions and give them access back out to Ferrell Parkway. From the Federal regulatory prospective and the context of segmenting roadway projects, the Federal agencies always like to review their permitting process examining a total roadway network as opposed to components of the roadway network. Recognizing that this proposed Ferrell Parkway Phase VI roadway, which is the subject of the Cost Participation Agreement, provides an opportunity to serve the residential areas will be of assistance with the Federal Resource Agencies relative seeking permits for these roadway improvements. All of these have to be considered in the context of the benefits of the motoring public. There may be an opportunity in the Cost Participation Agreement to potentially include other issues involving land use, community appearance, materials and supplies, landscaping, facades. Relative Ferrell Parkway Phase VII, Mr. Warnstaff advised the City has a reasonable chance to acquire the permits. The initial indications of the agencies did not reflect favorably on this project. However, the City would have to get into the process and would do their best, if it was City Council 's decision to proceed with Ferrell Parkway Phase VII, to convince the regulatory agencies the road would be built in a responsible manner. This was the reason an 800' bridge was included over some of the area identified as being the most environmentally sensitive. June 1, 1999 -8- CITYMANAGER'S BRIEFING FERRELL PARKWAYPHASE VI - Development Participation Agreement ITEM # 45047 (Continued) Information relative the 800'bridge costs will beprovided. Cost comparisons involvingAlignmentB-2shall be provided. Cost figures shall be also be provided relative combining the Curved Ferrell Parkway Alignment and the existiHg Sandbridge Road improvements. The City Manger referenced correspondence ofJohn L. Gibson, II - Executive Vice President ofEllis Gibson Development Group, clarifying the position on the development of the Red Mill Farm commercial property. The firm wished to inform the Mayor and Members of City Council of their commitment to quality. There is no intent to have the land developed B-2 retail in its entirety. In order to develop the entire one hundred and fifty acres of property, a portion of the acreage will be developed in a different zoning classification. The City Manager distributed the accompanying exhibit. The Civic Leagues seem to be very much concerned with the existing traffic in the area and the time frame for relief . John Herzke, City Engineer, advised Ferrell Parkway Phase V and Phase II are scheduled to commence construction in early 2004 according to the VDOT 6 year plan. The State has already adopted their new 6-year plan and the City staff has arranged a meeting for Friday, June 4, 1999, to meet with VDOT staff to try to negotiate and encourage acceleration of these projects for Ferrell Parkway. The City Manager advised Ferrell Parkway could potentially be underway late this year or next as it has benefit for relieving tra~c on Sandbridge Road and General Booth Boulevard. Obviously, the most benefit would come ifPhase Vwere built. This Upton connection provides a majorpotential relief to General Booth Boulevard. The Ciry does not own the rights-of-way on the Reasor properry. Under this Cost Participation Agreement, they would dedicate these to the City. The Ciry would pay upon completion of the road. Consideration of the FERRELL PARKWAY PHASE VI - Development Participation Agreement and determination of the curved or straight alignment shall be scheduled for the City Council Session of June 22, 1999. June 1, 1999 -9- REAL ESTATE ON THE INTERNET 1:20 P.M. ITEM # 45048 Jerald D. Banagan, Real Estate Assessor, advised the Real Estate Assessor is not required to provide assessment information on the Internet; however last year, the General Assembly provided legislation which allowed the option for a locality to provide this information on the Internet. Mr. Banagan provided a list ofAssessmentinformation Websites,. the majority ofwhich allowsearches by owners name. Fairfax County has been on the Internet approximately a year and Norfolk came on line in April 1999. Neither system allows a search by name of the owner, only by map number and address. Fairfax County has deleted the name of the owner upon request. With over 300,000 properties, they had 665 requests to delete the names. After receiving complaints, Norfolk has deleted all owners names. Concerns came primarily after receiving complaints from Judges and law enforcement officials. The o~ce ofthe Real EstateAssessor receives frequent inquiriesfrom both property owners and the business community regarding Internet access to our real estate related data. This information is vital to real estate professionals such as mortgage underwriters, realtors, appraisers and attorneys. Presently, two of his staff are continuously providing this information via telephone, fax and in-office assistance each workday. Internet availabiliry would provide 24-hour access to real estate assessments and property data. The Internet user could find a description of building improvements, including age, siZe and amenities of a structure. They would also be able to find the owner's name, sale price, date of sale and deed book and page number where the ownership transfer was recorded. Mr. Banagan believes the system would be more valuable with searches by owners names, address and G-Pin number; however, the owners' name would be deleted upon request. This would be accomplished thru publicity of the intent prior to Internet access. David Sullivan, Director of information Technology, advised the cost would be approximately $10,000, to link the assessor's information to the Internet; however, other programs could be linked to this application i. e. Parks and Recreation class registration. All would leverage against this same investment. There would be no re-keying of the data. All the information would evolve from the current computer records maintained by Mr. Banagan's office. June 1, 1999 -10- CITYMANAGER'S BRIEFING PRINCESS ANNE COURT HOUSE VOL UNTEER RESCUE SQUAD SATELLITE STATION 1:26 P.M. ITEM # 45049 Mr. Bruce Edwards, Director ofEmergency Medical Services, distributed the Policy Report on the Princess AHne Court House Volunteer Rescue Squad Satellite Station, which is hereby made a part of the record. CourtHouse Rescue Squad has provided emergency services at a no cost to the recipients for 52 continuous years. The squad is administered by its all-volunteer members, and presently has more than 90 state- certified technicians registered as members of this corporation, all being members of the Department of Emergency Medical Services as specified in the City Code. Court House Rescue Squad presently operates out ofFire Company Five's quarters at 2461 Princess Anne Road (Municipal Complex Building 13) which is surrounded on all sides by two-lane roadways. Often during the day these roadways experience bumper- to-bumper traffic traveling in both directions. Rapid growth has shifted demand intensity into areas more distant from the Municipal Complex. As a result, Court House Rescue has witnessed its response time increasing due mainly to traffic delays which can only be corrected by building new multi-lane highways or developing a facility closer to where the identified needs for services exist. The Court House Volunteer Rescue Squad would execute an agreement between Lakeside Construction Company, Eric Anderson„ President, and the Court house Volunteer Rescue Squad to operate a Rescue Squad satellite station. The Department of Emergency Medical Services will provide existing communications equipment from existing resources. EMS will provide fundingfrom current budgetfor utility charges ($2,800). EMSwill provide fundingfor the one-time construction costs ($9,800). CourtHouse Rescue Squad will provide funding for all other related facility costs ($26,700). EMS will review this project near the end of the three year pilot period for continuance/discontinuance. There will be no additional funding necessary to implement this option. June 1, 1999 -11- AGENDA REVIEW 1:26 P.M. ITEM # 45050 H.1. Resolution re Definitive Agreement re proposed merger of the Tidewater Transportation District Commission (TTDC) and the Peninsula Transportation District Commission (PENTRAN) with the amendment to the cost participation agreement approved by the City of Chesapeake and with the change of name of the new commission to "Transportation District Commission of Hampton Roads~~(TDCHR); and, authorize the City Manager to execute said agreement. Council Members Henley, McClanan and Weeks will vote a VERBAL NAYon this item. ITEM # 45051 I.1. Ordinance to AMEND Section 6-116 of the City Code; and, ADDING Section 6-116.1 re surfing. Vice Mayor Sessoms distributed a REVISED Ordinance: Correction in line 88 of ordinance in agenda package (line 92 in the substitute ordinance) by changing "56`" Street" to "58"` Street" Addition of the designated lifeguard patrolled swimming area located at the terminus of Sandbridge Road to the list of areas in which the restrictions setforth in the current ordinance (Section 6-116) will continue to apply Clarification that the prohibition against surfing within the shorebreak is only applicable from Memorial Day Weekend to Labor Day Weekend, as opposed to year-round. Councilman Branch was interested in the City Staff's comments relative the Revised Ordinance. This item shall be discussed during the Formal Session. ITEM # 45052 I.3. Ordinances and Resolution re THE SPORTSPLEX (Virginia Beach Sports Stadium Project #9-003) a. APPROPRIATE $169, 339 re constructions costs. b. APPROPRIATE $231, 968 re construction and 1998 operation costs/claims. c. Resolution re Basic User Fee(s) and MaintenanceAgreement to authorize the Department of Convention and Visitor Development and the Development Authority to act on This item will be discussed during the Formal Session. June 1, 1999 -12- AGENDA REVIEW ITEM # 45053 I.S. Ordinance to authorize temporary encroachments upon the City s rights-of-way at Mediterranean Avenue, 14`h Street and 16`'' Street to VIRGINIA BEACH PENTECOSTAL CHURCH OF CHRIST re erecting and maintaining four (4) directional signs (BEACH - DISTRICT 6) Councilman Branch advised there is a potential compromise, which would allow the signage for a 6-month period to allow individuals to be familiar with the location of the facility. Two signs would be on Baltic and 16`" and 14`" Streets. This item will be discussed during the Formal Session. ITEM # 45054 BY CONSENSZIS, the following items shall compose the CONSENT AGENDA: RESOL UTIONS H.1. Resolution re Definitive Agreement re proposed merger of the Tidewater Transportation District Commission (TTDC) and the Peninsula Transportation District Commission (PENTRAN) with the amendment to the cost participation agreement approved by the City of Chesapeake and with the change of name of the new commission to "Transportation District Commission of Hampton Roads (TDCHR); and, authorize the City Manager to execute said agreement. H.2. Resolution to request Congress enact a three year program entitled "Consequences for Juvenile Offenders Act of 1999"at the funding level of $S00-Million per year over the next three fiscal years, with 75% of each state's share being distributed to local government for use in juvenile justice systems . ORDINANCES I.1. Ordinance to AMEND the City Code by ADDING new Section 23-30.1 re live exhibitions or performances. I.2. Ordinances re Sheriffs Department: a. APPROPRIATE $1,092,295 from the State Compensation Board to the FY 1999-00 Operating Budget; TRANSFER $157,104 from the General Fund Reserve for Contingencies to the FY 1999-00 Operating Budget re matching funds to pay increases and expenses related to the seventeen (17) additional positions and equipment upgrades; and, estimated revenue from the Commonwealth be increased accordingly June 1, 1999 -13- AGENDA REVIEW ITEM # 45054 (Continued) b. APPROPRIATE $300, 000 of unanticipated Inmate Housing Reimbursements to the FY 1998-1999 Operating Budget re funding increased inmate housing costs; APPROPRIATE $300, 000 in unanticipated revenue in the Inmate Telephone Fund to the FY 1998-1999 Operating Budget re funding increased inmate medical expenses; estimated revenues from the Commonwealth and the Inmate Telephone Fund be increased accordingly; and, the total $600,000 be funded through revenue derived from services provided by the Sheriffs office. I.6. License Refunds: $ 9,126.97 Council Members Henley, McClanan and Weeks will vote a VERBAL NAYon Item H.1. June 1, 1999 -14- CI T Y CO UNCIL COMENTS ITEM # 45055 If there are any Council Comments, they will be discussed under UNFINISHED BIISINESS. June 1, 1999 -15- ITEM # 45056 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSIONof the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 1, 1999, at 1: 30 P.M. Council Members Present: Linwood O. Branch, III, MargaretL. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don " Weeks Council Members Absent: None June 1, 1999 -16- ITEM # 45057 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: PERSONNEL MA77'ERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Boards and Commissions: Health Services Advisory Board 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 2.1-344(A)(7). To-Wit: Contractuallssues: Sportsplex Contractual Issues: Ferrell Parkway - Phase VI 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 properry owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Acquisition - Ferrell Parkway - Phase VI Upon motion by Vice Mayor Sessoms, seconded by Councilman Weeks, Ciry Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III , Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. `Don " Weeks Council Members Voting Nay.• None Council Members Absent: None June 1, 1999 -17- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 1,1999 2:30 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, June 1, 1999, at 2: 30 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, N'illiam W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don " Weeks Council Members Absent: None INVOCATION.• Reverend William A. Dyson Mount Zion AME Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia 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 Wachovia Bank, The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter ofJanuary 4, 1999, is hereby made a part of the record. June 1, 1999 -18- Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 45058 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE EXECUTIVE SESSION TO BE INACCORDANCE 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: 11-0 Council Members Voting Aye.• Linwood O. Branch, III , Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, MayorMeyeraE. Oberndorf, NancyK. Parker, ViceMayor William D. Sessoms, Jr. and A. M. "Don " Weeks Council Members Voting Nay.• None Council Members Absent: None June 1, 1999 . . . _ „ ~ ~iy ~ , ~ , °?i.y . ,`_. .ati'~~i.~' ~`~ 9,F 0~ < S ~t~F OUR NAS~~CN ~ ` ~ ~ ~ ~ ~ ~ ~ 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 # 45057, Page 16, 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. ~ th Hodges S ith, CMC/AAE City Clerk June 1, 1999 -19- Item V-F. MINUTES ITEM # 45059 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 25,1999. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, Ill , Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don " Weeks Council Members Yoting Nay: None Council Members Absent: None June 1, 1999 -20- Item V-G. AGENDA FOR FORMAL SESSION ITEM # 45060 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 1, 1999 -21 - Item V-H. RESOL UTIONS/ORDINANCES ITEM # 45061 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, Resolutions 1 and 2 and Ordinances 1, 2, 4 and 6 of the CONSENT AGENDA. Yoting: 11-0 Council Members Voting Aye: Linwood O. Branch, III , Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don " Weeks Council Members Voting Nay: None Council Members Absent: None Council Members Henley, McClanan and Weeks voted a VERBAL NAY on Item H.1. June 1, 1999 -22- Item V-H.1. RESOL UTIONS ITEM # 45062 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re DefinitiveAgreement re proposed merger of the Tidewater Transportation District Commission (TTDC) and the Pe~insula Transportation District Commission (PENTRAN) with the amendment to the cost participation agreement approved by the City of Chesapeake and with the change of name of the new commission to "Transportation District Commission of Hampton Roads "(TDCHR); and, authorize the City Manager to execute said agreement Yoting: 8-3 (By Consent) Council Members Voting Aye: Linwood O. Branch, III , Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, MayorMeyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay.• Barbara M. Henley, Reba S. McClanan and A. M. "Don " Weeks Council Members Absent: None June 1, 1999 1 A RESOLUTION APPROVING THE 2 DEFINITIVE AGREEMENT FOR THE 3 PROPOSED MERGER OF THE TIDEWATER 4 TRANSPORTATION DISTRICT COMMISSION 5 AND THE PENINSULA TRANSPORTATION 6 DISTRICT COMMISSION WITH THE ~ AMENDMENT TO THE COST PARTICIPATION g AGREEMENT APPROVED BY THE CITY OF g CHESAPEAKE AND WITH THE CHANGE OF 10 NAME OF THE NEW COMMISSION 11 WHEREAS, by Resolution adopted on May 4, 1999, the City 12 of Virginia Beach approved the Draft Agreement dated March 22, 13 1999, entitled "AGREEMENT among PENINSULA TRANSPORTATION DISTRICT 14 COMMISSION and TIDEWATER TRANSPORTATION DISTRICT COMMISSION and THE 15 CITY OF CHESAPEAKE and THE CITY OF HAMPTON and THE CITY OF NEWPORT 16 NEWS and THE CITY OF NORFOLK and THE CITY OF PORTSMOUTH and THE 17 CITY OF SUFFOLK and THE CITY OF VIRGINIA BEACH (the "Definitive 18 Agreement")" upon the condition that the Cost Allocation Agreement 19 (Exhibit D to the Definitive Agreement) be amended as set forth in 20 the aforesaid Resolution; and 21 wHEREAS, the City of Chesapeake has approved the 22 definitive agreement of inerger, with the amendment set forth in the 23 aforesaid Resolution, and as further amended by the addition of a 24 new Section I of Article IX of the Cost Allocation Agreement, which 25 amendment reads as follows: 26 Article IX, Section I- Prior to (i) 27 recommending to the General Assembly the 28 imposition or increase of any tax or (ii) 29 imposing or increasing any tax that the 30 Commission is empowered to impose, the 31 Commission shall receive resolutions 32 sup~orting such recommendation, imposition or 33 increase from 100% of the member 34 jurisdictions; 35 and 36 WHEREAS, both the Tidewater Transportation District 37 Commission and the Peninsula Transportation District Commission 38 have approved a change to the definitive agreement of inerger 39 permitting the use of the names "Transportation District of Hampton 40 Roads" and "Transportation District Commission of Hampton Roads;" 41 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 42 OF VIRGINIA BEACH, VIRGINIA: 43 That the Definitive Agreement, as amended by the addition 44 of a new Section I of Article IX of the Cost Allocation Agreement 45 as set forth hereinabove, and as further amended by the use of the 46 names "Transportation District of Hampton Roads" and 47 "Transportation District Commission of Hampton Roads," be, and 48 hereby is, approved by the City of Virginia Beach. 49 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BEACH, VIRGINIA: 51 That the City Manager be, and hereby is, authorized and 52 directed, upon completion of the due diligence review of the 53 proposed merger, upon the fulfillment of the condition set forth in 54 the Resolution of May 4, 1999, and upon the incorporation of the 55 two additional amendments set forth hereinabove, to execute on 56 behalf of the City the Definitive Agreement and Cost Allocation 57 Agreement in substantially the same form and substance as the Draft 58 Agreement dated March 22, 1999, previously presented to the City 59 Council. 60 Adopted by the Council of the City of Virginia 61 Beach, Virginia, on the 1 day of JUNE , 1999. 62 CA-7391 63 wmm\ordres\merger2.res 64 R-1 - May 24, 1999 65 APPROVED AS TO LEGAL 66 SUFFIC~IENCY: 67 ~ 68 Depar ment of aw 2 Cost Allocation Agreement (Proposed version) ARTICLE IX ALLOCATION OF REVENUES A. All passenger revenue collected within the borders of a Participating City will be credited to the service and Participating City in which it was collected. The Commission will maintain passenger revenues by route for ~ixed route services. Demand response passenger revenue for the disabled community will be allocated on the basis of city of home address of the passenger. Charter and contract revenues equal to the operating expense of providing charter of contract services will be credited to the cities participating in the Division and service which provided the charter or contract services in the same manner as costs in Article VI. Charter and contract revenues collected in excess of expense are allocated to the Commission. Auxiliary revenues will be allocated based on relative share of In Service Hours or In Service Miles operated by that Division and will be used to reduce overhead costs. B. Revenues generated by Commission services will be used to cover costs of those services. Funds in excess of costs will be allocated to the Commission. C. Investment and interest income from Commission funds will be retained by the fund generating the income. Investment income earned from funds advanced by a Participating City and not expended by the Commission will be allocated to that Participating City. D. Federal funds received to reimburse net eligible operating expenses will be allocated to each Division on a proportion of Division net operating expense to total net operating expense of the Commission. The formula funds will then be distributed to the transportation services operated within the Division on the same basis as the Division proportion. E. State funds received to reimburse specific eligible expenses will be allocated to each Division on the basis of the proportion of Division eligible expenses to total eligible expenses of the Commission. The allocation to transportation services within the Divisions will be the same. F. Federal or state funds received for specific purposes will be accounted for and applied to programs for which they were specifically received. G. Funds received from the sale of assets will be retained by the Commission. All gains will be Commission revenue and all losses will be a Commission expense. This paragraph does not apply to the circumstances discussed in Article IV paragraph K. H. (Virginia Beach amendment) To the extent permitted by law, dedicated revenues generated in each Participating City shall be allocated to that Participating City, unless the governing body thereof authorizes an alterative allocation based upon a finding that sueh alternative allocation encourages the most effective and efficient operation of the regional transportation system. The Commission shall request the General Assembly, in any legislation it may enact which establishes a source of dedicated revenues, to permit the Commission to allocate such dedicated revenues in a manner consistent with this provision. I. (Chesapeake amendment) Prior to (i) recommending to the General Assembly the imposition or increase of any tax or (ii) imposing or increasing any tax that the C~mmission is empowered to impose, the Commission shall receive resolutions supporting the recommendation, imposition or increase from 100% of the member jurisdictions. -23- Item V-H.2. RESOL UTIONS ITEM # 45063 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to request Congress enact a three year program entitled "Consequences forJuvenile OffendersAct of 1999"at thefunding level of $S00-Million per year over the next three fiscal years, with 75% of each state's share being distributed to local government for use in juvenile justice systems . Voting.• 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III , Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. ` Don " Weeks Council Members Voting Nay: None Council Members Absent: None June 1, 1999 Requested by the Community Criminal Justice Board A RESOLUTION REQUESTING CONGRESS TO APPROVE LEGISLATION FOR ADDITIONAL APPROPRIATIONS FOR THE JWEIVILE ACCOUNTABILITY GRANT PROGRAM AND TO REQUIRE STATES TO DISTRIBUTE 75% OF THE FUNDS RECEIVED FOR THIS PROGRAM TO LOCAL GOVERNMENTS. WHEREAS, Congress has previously appropriated funds for the Juvenile Accountability Block Grant Program ("Program"), which provides funds to states and localities for programs that offer alternatives for juvenile accountability such as juvenile detention homes and post-disposition facilities; WHEREAS, the Commonwealth of Virginia received Program funds in the amount of $5.1 million in 1998; WHEREAS, the Commonwealth retained 85% of the funds at the state level for its juvenile justice programs and distributed the remaining 15% to its localities; WHEREAS, Program funds were again provided to the states in 1999, and it is anticipated that the Commonwealth will again withhold 85% of those funds at the state level and provide only 15% to its localities; and WHEREAS, Congress is now considering legislation that will provide an additional $500 million in Program funds per year, over the next three fiscal years, to ensure increased accountability for juvenile offenders, and will require that states consult their localities regarding the proposed use of funds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Virginia Beach, Virginia: That Congress is hereby requested to enact the proposed three-year program entitled "Consequences for Juvenile Offenders Act of 1999" at the proposed funding level of $500 million per year over the next three fiscal years, with the specific provision that 75% of each state's share be distributed to localities during each of these years for local use in juvenile justice systems, with the exception of any locality that expressly waives its local share and returns it for the state's use; BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to transmit a copy of this resolution to Senators John Warner and Charles Robb and to Congressman Owen Pickett. Adopted by the City Council of the City of Virginia Beach, Virginia on the 1 day of JUNE , 1999. -24- Item V-I.1. RESOL UTIONS ITEM # 45064 The following registered to speak in SUPPORT of the Surfing Ordinance: Michael Hamer, 1597 Bay Point Drive, Phone: 625-1214 Chip McQuilkin, 1405 Drum Point Road, Phone: 721-3225 Steve Marshall, 1905 Mediterranean Avenue, Phone: 491-3280 Dr. Jeff Charlton, 1725 North Alanton Drive, Phone: 496-0744 Gordon MacArthur, 819 Christa Court, Phone: 467-7039 David Jester, 200 63"d Street, Phone.• 422-0175, President - SAFE Liza O Donnell, 105 49`" Street, Phone.• 437-9110 John Hooker, 109 77`'' Street, Phone: 428-8816 Lewis Winston, 5004 Cullen Road, Phone: 363-8444 The following registered to speak in OPPOSITION: Robert Green, 669 Fort Raleigh , Phone: 428-3175, President of the Croatan Civic League Reid Ervin, 11 S Seventy-seventh Street, Phone: 428-7562, requested DEFERRAL to allow consideration of the issue by the North Virginia Beach Civic League at their June 1 S, 1999 Meeting. William Dieffenbach, 8310 Atlantic Avenue, Phone: 437-0256 The following registered both in SUPPORT and OPPOSITION.• Juli Dunlap, 517 Virginia Dare Drive, Phone: 422-6050, resident of Croatan and expressed concerns relative safe su~ng practices. Surfing and swimming do not mix in high use areas as Croatan. A motion was made by Councilman Harrison, seconded by Vice Mayor Sessoms to ADOPT, ASAMENDED,, Ordinance to AMEND Section 6-116 of the City Code; and, ADDING Section 6-116.1 re surfing. Correction in line 88 of ordinance in agenda package (line 92 in the substitute ordinance) by changing "56'" Street" to "58`" Street" Addition of the designated lifeguard patrolled swimming area located at the terminus of Sandbridge Road to the list of areas in which the restrictions set forth in the current ordinance (Section 6-116) will continue to apply Clarification that the prohibition against surfing within the shorebreak is only applicable from Memorial Day Weekend to Labor Day Weekend, as opposed to year-round. This Ordinance provides for a Sunset Provision and will expire October 31, 1999. Upon SUBSTITUTE MOTION by Councilman Branch, seconded by Councilman Jones, City Council DEFERRED UNTIL JUNE 22, 1999 COUNCIL MEETING : Ordinance to AMEND Section 6-116 of the City Code; and, ADDING Section 6-116.1 re surfing. June 1, 1999 -zs- Item V-I.1. RESOLUTIONS ITEM # 45064 (Continued) Voting: 7-4 Council Members Voting Aye: Linwood O. Branch, III , Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don " Weeks Council Members Voting Nay.• Margaret L. Eure, William W. Harrison, Jr., Harold Heischober and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None June 1, 1999 - 26 - Item V-I.2. ORDINANCES ITEM # 45065 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND the Ciry Code by ADDING new Section 23-30.1 re live exhibitions or performances. Voting: 11-0 (By Consent) Council Members Yoting Aye: Linwood O. Branch, III , Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor N'illiam D. Sessoms, Jr. and A. M. `Don " Weeks Council Members Voting Nay: None Council Members Absent: None June 1, 1999 Requested by: Councilmember Reba S. McClanan 1 AN ORDINANCE TO AMEND THE CITY CODE BY ADDING 2 A NEW SECTION 23-30.1 PERTAINING TO LIVE 3 EXHIBITIONS OR PERFORMANCES 4 SECTION ADDED: ~ 23-30.1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a new Section 23-30.1 is hereby added to the City Code to read as follows: Sec. 23-30.1 Live exhibitions or performances. ~ For purposes of this section the followina words and phrases shall be construed as follows: Business establishment shall be deemed to include the real property of a business as well as all appurtenances thereto and buildinqs thereon includina but not limited to, the arounds, private walkways and parkinq lots or qarages ad~acent thereto which are owned or controlled by the property owner, lessee, or employees or aqents thereof. Direct line of siqht means the ability to directly view an area without the benefit or assistance of a mirror, video camera or similar aid. Live exhibition or performance means modelinq, dancinq or any similar activity which involves a person or persons phvsically performinq for the benefit of one or more other persons. Manaqer's station means any check-out counter, desk, or other place or position where an employee, agent, manacrer or owner of a business establishment sits or stands or is assictned to sit or stand. Performer means a person enga~ed in a live exhibition or performance in a business establishment. 30 Person means an individual, proprietorship, partnership, 31 corporation limited liability company, association, oraanization, 32 or other legal entity. 33 State of nudity means a state of undress so as to expose 34 the human male or female qenitals, pubic area or buttocks with less 35 than a fully opaque coverinq, or the showinq of the female breast 36 with less than a fully opaque coverinq of any portion thereof 37 immediately below the top of the areola. 38 Viewinq area means any area within a business 39 establishment where a live exhibition or performance is taking 40 place. 41 ~ The City of Virctinia Beach hereby f inds and declares that 42 the unreaulated practice of live exhibitions or performances in 43 private or semi-private rooms, booths, viewinq areas or cubicles 44 within business establishments (i) encouracres criminal activities 45 of a sexual nature includina, but not limited to fornication 46 masturbation, prostitution, public nudity and sodomy (ii) 47 facilitates sexual liaisons of a casual nature which create 48 unhealthy conditions, and (iii) increases the likelihood that other 49 criminal activities, such as sexual assaults and drug-related 50 offenses, will occur. 51 The concern over sexually-transmitted diseases and the 52 deleterious effect on both existing businesses and surrounding 53 neiahborhoods caused by increased crime and the downgrading of 54 propertv values, demands reasonable reaulation of live exhibitions 55 or performances in business establishments which provide such 56 exhibitions or performances in private or semi-private rooms 57 booths, viewina areas, or cubicles in order to (i) protect the 58 health, safetv and welfare of the city's citizens and visitors• 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 (ii) protect citizens and visitors from increased crime; and (iii) preserve the qualitv of life pro~erty values, the character of surroundinq neiqhborhoods, and the city's tourism industrv and other economic interests. The intent of this section is not to suppress anv activities protected by the First Amendment, but is to enact content-neutral requlations which are specifically desiqned and intended to prevent the deleterious secondary effects associated with live exhibitions or performances in business establishments which provide such exhibitions or performances in private or semi- private rooms, booths, viewinq areas or cubicles. ~ It shall be unlawful for any person to maintain or operate for himself or herself or as an officer, employee or aaent a business establishment where live exhibitions or performances take place unless the following requirements have been met• ~ No viewinq area of the business establishment shall be obstructed by curtains, doors, walls, display racks or any other permanent or temporary enclosure or barrier. ~ At least one (1) employee other than the performer must be on duty at all times that any patron, customer or member of the audience is inside the business establishment, and such employee must have a direct line of siqht of any viewinq area durina any live exhibition or performance. ~_ In any business establishment which is configured to include a manaqer's station, there must be an unobstructed view, from the manacrer's station, of all viewing areas and any other area of the business 88 establishment except restrooms to which anv patron, 89 customer or member of the audience is permitted access 90 for anv purpose If the business establishment has two 91 (2) or more manaqer's stations all viewincrareas and anv 92 other area of the business establishment, except 93 restrooms to which any patron customer or member of the 94 audience is ~ermitted access for any purpose must be 95 visible from at least one (1) of the manager's stations. 96 The view required in this subsection must be bv direct 97 line of siciht from the manacLer's station. 98 ~~ No performer shall be permitted to touch the breasts, 99 crenitals anus buttocks or qroin of any patron, customer 100 or member of the audience reaardless of whether such 101 parts of the body are fully or partially covered bv 102 clothinq, or are uncovered. 103 ~Z No ~atron customer or member of the audience shall be 104 permitted to touch the breasts, genitals, anus, buttocks 105 or qroin of any performer regardless of whether such 106 parts of the body are fully or partially covered bv 107 clothinq, or are uncovered. 108 ~ No sofa futon cot bed, mattress or similar furnishina 109 shall be located in any viewing area or in any other area 110 of the establishment to which patrons, customers or 111 members of the audience are permitted access. 112 ~ No performer shall a~pear in a state of nudity in the 113 viewing area or in any other area of the establishment to 114 which any patron, customer or member of the audience is 115 permitted access. 116 ~ It shall be unlawful for anv performer to touch the 117 breasts qenitals anus buttocks or aroin of anv patron customer 118 or member of the audience reaardless of whether such parts of the 119 body are fully or partially covered by clothina or are uncovered. 120 ~_ It shall be unlawful for any patron customer or member 121 of the audience to touch the breasts qenitals anus, buttocks or 122 qroin of any performer regardless of whether such parts of the 123 body are fully or partially covered by clothina or are uncovered. 124 ~ Nothing contained in this section shall be construed to 125 apply to the exhibition presentation showincr or performance of 126 any play ballet drama tableau production or motion picture in 127 any theater concert hall museum of fine arts school, institution 128 of hicther learninq or other establishment which is primarilv 129 devoted to such exhibitions presentations shows or performances 130 as a form of expression of o~inion communication speech, ideas, 131 information, art or drama. 132 _~ Any person who violates any of the provisions of this 133 section shall be cluilty of a Class 1 misdemeanor. 134 ~qZ If an~ subsection clause or other portion of this 135 section is for any reason held to be invalid or unconstitutional bv 136 the decision of anv court of competent jurisdiction, such decision 137 shall not affect the validity of the remainincr portions of this 138 section. 13 9 This ordinance shall become effective thirty (30) days from the date of its adoption. 140 Adopted by the City Council of the City of Virginia Beach, 141 Virginia, on this lst day of June, 1999. 142 143 CA-7283 144 DATA/ORDIN/PROPOSED/23-030-1.OR2 145 R5 - PREPARED: May 18, 1999 5 -z~- Item V-I.3. a. ORDINANCES ITEM # 45066 Henry Ryto, 864 Old Virginia Beach Road, Phone: 428-2763, spoke in SUPPORT. Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance re THE SPORTSPLEX (Virginia Beach Sports Stadium Project #9-003) APPROPRIATE $169, 339 re constructions costs. Voting.• 9-1 Council Members Voting Aye: Linwood O. Branch, III, MargaretL. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don " Weeks Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: William W. Harrison, Jr. Council Members Absent.• None Councilman Harrison ABSTAINED due to a conflict with his firm's representation. June 1, 1999 i AN ORDINANCE TO APPROPRIATE $169,339 TO 2 PROJECT # 9-003, VIRGI1vIA BEACH SPORTS STADIUM, 3 FOR THE PURPOSE OF PROVIDING FUNDS TO THE 4 CITY OF VIRGINIA BEACH DEVELOPMENT 5 AUTHORITY TO PAY FOR THE NET INCREASE IN 6 CONSTRUCTION COSTS OF THE SPORTSPLEX 7 WHEREAS, on August 27, 1996 City Council, in conjunction with the City of 8 Virginia Beach Development Authority (the "VBDA"), established Project # 9-003, Virginia 9 Beach Sports Stadium, for a multi-purpose stadium now known as the "Virginia Beach ~o Sportsplex" to accommodate professional soccer, high school athletics, and other events, with 11 construction of the facility to be administered through the VBDA; 12 WHEREAS, in an effort to meet the needs of the primary user, the Hampton 13 Roads Mariners, construction was expedited in an effort to complete construction in time for 14 the July 6, 1998 opening; 15 WHEREAS, as a result of the construction acceleration, adverse weather 16 conditions, and additional site work necessitated by poor soil conditions, there is a need to l~ appropriate an additional $169,339 to the project to cover the net increase in construction 18 costs; and 19 WHEREAS, the additional amount will be funded through an appropriation 2o from the General Fund fund balance to Project # 9-003, Virginia Beach Sports Stadium, which 21 shall be provided to the VBDA. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 That funding in the amount of $169,339 from the General Fund fund balance is 25 hereby appropriated to Project # 9-003, Virginia Beach Sports Stadium, which shall be 26 provided to the City of Virginia Beach Development Authority to pay for the net increase in 27 the construction costs of the Sportsplex. 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 29 day of J~E , 1999. 3o Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /t- ~ V " . Marrage ent Ser ces Department of Law -zs- Item V-I.3.b.c. ORDINANCES ITEM # 45067 Henry Ryto, 864 Old Virginia Beach Road, Phone: 428-2763, spoke in SUPPORT. Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance and Resolution re THE SPORTSPLEX (Virginia Beach Sports Stadium Project #9-003) APPROPRIATE $231,968 re construction and 1998 operation costs/claims. Resolution re Basic User Fee(s) and Maintenance Agreement to authorize the Department of Convention and Visitor Development and the Development Authority to act on behalf of the City. Voting.• 6-4 Council Members Yoting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Louis R. Jones, Reba S. McClanan, Nancy K. Parker and A. M. "Don " Weeks Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED due to a conflict with his firm's representation. June 1, 1999 1 AN ORDINANCE TO APPROPRIATE $231,968 TO 2 PROJECT # 9-003, VIRGINIA BEACH SPORTS STADIUM, 3 FOR THE PURPOSE OF PROVIDING FUNDS TO THE 4 CITY OF VIRGINIA BEACH DEVELOPMENT 5 AUTHORITY TO RESOLVE SPORTSPLEX 6 CONSTRUCTION AND 1998 OPERATION COSTS AND 7 CLAIMS 8 WHEREAS, the City of Virginia Beach Development Authority (the "VBDA") 9 and Hampton Roads Sports, L.L.C., (the "Operator") entered into a Multi-Purpose Stadium ~o Operating and Use Agreement (the "Operating Agreement") for the multi-purpose stadium 11 now known as the "Virginia Beach Sportsplex"; 12 WHEREAS, the First Amendment to Multi-Purpose Stadium Operating and Use 13 Agreement (the "First Amendment") between the VBDA and the Operator in the form attached 14 hereto has been negotiated as a comprehensive resolution of all outstanding issues between the 15 VBDA and the Operator related to the construction of the Sportplex, construction delays and ~6 the operation of the the Facility during 1998; 17 WHEREAS, pursuant to the Operating Agreement, the monetary obligations of ~8 the VBDA are conditioned upon funding by the City, and pursuant to a Multi-Purpose Stadium 19 Coordination Agreement dated as of July 1, 1997, related to the construction and use of the 2o Sportsplex, subject to appropriations by City Council, the City agreed to contribute funds to 21 enable the VBDA to perform its monetary obligations related to the construction of the 22 Sportsplex, among other things; 23 WHEREAS, pursuant to the First Amendment, certain additional improvement 24 costs have been identified as the responsibility of the VBDA while others have been identified 25 as the responsibility of the Operator; 26 WHEREAS, the net additional improvement costs to be borne by the VBDA, 27 pursuant to the First Amendment, total $231,968; and 28 WHEREAS, the additional amount needed by the VBDA will be funded by an 29 appropriation of $231,968 from the General Fund fund balance to Project # 9-003, Virginia 3o Beach Sports Stadium, which will be provided to the VBDA. 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: 33 That funding in the amount of $231,968 from the General Fund fund balance is 34 hereby appropriated to Project # 9-003, Virginia Beach Sports Stadium, which shall be 35 provided to the City of Virginia Beach Development Authority to pay for the net additional 36 improvement costs as outlined in the First Amendment to the Operating and Use Agreement 3~ between the City of Virginia Beach Development Authority and Hampton Roads Sports, 38 L.L.C., in the form attached hereto, following full execution of said Amendment. 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 40 day of June ~ 1999. 4~ Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~iL ~ .. .Q.i! ~" ~~ Department of Law 1 RESOLUTION APPROVING A BASIC USER 2 FEE(S) AND MAINTENANCE AGREEMENT FOR 3 THE SPORTSPLEX AND AUTHORIZING THE 4 CITY'S DEPARTMENT OF CONVENTION AND 5 VISITOR DEVELOPMENT TO ACT ON BEHALF 6 OF THE CITY OF VIRGINIA BEACH AND THE 7 CITY OF VIRGII~TIA BEACH DEVELOPMENT 8 AUTHORITY PURSUANT TO THE AGREEMENT 9 WHEREAS, the City of Virginia Beach (the "City") and the City of Virginia Beach l0 Development Authority (the "VBDA") entered into a Multi-Purpose Stadium Coordination 11 Agreement dated as of July 1, 1997, related to the construction and use of the multi-purpose stadium 12 now known as the "Virginia Beach Sportsplex" (the "Coordination Agreement"); 13 WHEREAS, pursuant to the Coordination Agreement, the City agreed to contribute 14 funds to the VBDA to enable the VBDA to perform its obligations under certain provisions of the 15 Multi-Purpose Stadium Operating and Use Agreement (the "Operating Agreement") between the 16 VBDA and Hampton Roads Sports, L. L. C. (the "Operator"), including Section 5.15 (User 17 Agreements) of the Operating Agreement, to the extent such obligations related to the City's or the 18 VBDA's use of the Sportsplex; and 19 WHEREAS, the Sportsplex Basic User Fee(s) and Maintenance Agreement between 2 0 the VBDA and the Operator, in the form attached hereto, has been negotiated relating to the City's 21 and the VBDA's use of the Sportsplex, among other things, and contemplating that the City's 2 2 Department of Convention and Visitor Development will act on behalf of the VBDA to procure and 2 3 promote "City Sponsored Events." 2 4 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 2 5 OF VIRGINIA BEACH: 2 6 The Sportsplex Basic User Fee(s) and Maintenance Agreement, in substantially the 2 7 form attached hereto, is hereby approved, and the City's Department of Convention and Visitor 2 8 Development is hereby authorized to act on behalf of the City of Virginia Beach and the City of 2 9 Virginia Beach Development Authority, as contemplated by and in accordance with the Sportsplex 3 0 Basic Fee(s) and Maintenance Agreement, following full execution of said Agreement. 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 day of 32 June , 1999. CA-7393 ORDIN~NONCODE\CA73 93 . RES PREPARED: May 26, 1999 R1 APPROVED AS TO CONTENT: ~ APPROVED AS TO LEGAL SUFFICIENCY: S ~ 2 -29- Item V-I.4.n/b ORDINANCES ITEM # 45068 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances re Sheriffs Department: APPROPRIATE $1,092,295 from the State Compensation Board to the FY1999-00 OperatingBudget; TRANSFER $157,104from the General Fund Reserve for Contingencies to the FY 1999-00 Operating Budget re matching funds to pay increases and expenses related to the seventeen (17) additional positions and equipment upgrades; and, estimated revenue from the Commonwealth be increased accordingly APPROPRIATE $300,000 of unanticipated Inmate Housing Reimbursements to the FY 1998-1999 Operating Budget re funding increased inmate housing costs; APPROPRIATE $300, 000 in unanticipated revenue in the Inmate Telephone Fund to the FY 1998- 1999 Operating Budget re funding increased inmate medical expenses; estimated revenues from the Commonwealth and the Inmate Telephone Fund be increased accordingly; and, the total $600,000 be funded through revenue derived from services provided by the Sheriffs office. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III , Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don " Weeks Council Members Voting Nay: None Council Members Absent: None June 1, 1999 1 AN ORDINANCE TO APPROPRIATE $1,092,295 IN 2 ADDITIONAL STATE REVENUES AND TRANSFER $157,104 3 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES 4 TO THE SHERIFF' S DEPARTMENT' S FY 1999-00 OPERATING 5 BUDGET TO FUND PAY INCREASES, ADDITIONAL 6 POSITIONS AND EQUIPMENT UPGRADES 7 WHEREAS, the 1999 General Assembly approved a performance-based pay increase 8 for employees of Constitutional Officers, making $629,899 available on December 1, 1999 to 9 supplement the pay of Virginia Beach Sherif~s Department employees, to which will be added 10 $37,020 by the City for the portion of retirement not funded by the State; and 11 WHEREAS, to address increased needs in the Correctional Center, the State 12 Compensation Board has authorized seventeen (17) additional deputy positions in the Sheriff's 13 Department, over and above the Department's approved number in the FY 1999-00 operating 14 budget, as well as funding for equipment upgrades, at a total cost of $582,480, of which $462,396 15 will be reimbursed to the City by the State Compensation Board and $120,084 will be funded by the 16 City for salary supplements, a portion of fringe benefits, and the costs of upgrading equipment; 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 1. That $1,092,295 from the State Compensation Board is hereby appropriated 20 to the Sheriff's Department's FY 1999-00 Operating Budget for the purpose of funding performance- 21 based pay increases, as well as salary and other expenses for seventeen (17) additional positions, and 22 equipment upgrades. 23 2. That $157,104 is hereby transferred from the General Fund Reserve for 24 Contingencies to the Sheriff's Department's FY 1999-00 Operating Budget to provide the City 25 match for pay increases and the expenses related to the additional positions. 26 3. That estimated revenue from the Commonwealth is hereby increased by 27 $1,092,295. 28 This ordinance shall be effective July 1,1999. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~_ of J~7[~E , 1999. 31 Requires an affirmative vote by a majority of the members of City Council. CA-7385 ORDIN/NONCODE/PAY 1NCREASE.ORD MAY 26, 1999 R3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services ~ ~~ ; ---, .. ~- Gl~l''~i~ZN/~, y~- /; ~ City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO APPROPRIATE $600,000 OF ADDITIONAL REVENUE TO THE SHERIFF'S DEPARTMENT'S FY 1998-99 OPERATING BUDGET TO BE USED FOR HOUSING COSTS AND INCREASED INMATE MEDICAL EXPENSES WHEREAS, the Sheriff's Department received $300,000 in additional revenues during FY 1998-99 in reimbursements associated with an unexpectedly large number of inmates, and these funds are available to be appropriated to cover increased housing costs; WHEREAS, $300,000 is available to be appropriated from additional revenues in the Inmate Telephone Fund to pay for increased costs related to inmate medical expenses; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $300,000 in unanticipated inmate housing reimbursements is hereby appropriated to the Sheriff's Department's FY 1998-99 Operating Budget for the purpose of funding increased inmate housing costs. 2. That $300,000 in unanticipated revenue in the Inmate Telephone Fund is hereby appropriated to the Sheriff's Department's FY 1998-99 Operating Budget for the purpose of funding increased inmate medical expenses. 3. That estimated revenue from the Commonwealth be increased by $300,000. 4. That estimated revenue from the Inmate Telephone Fund be increased by $300,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 of Jut~E , 1999. Requires an affirmative vote by a majority of the members of City Council. CA-7388 ORDIN\NONCODE\INMATE HOUSING COSTS.ORD MAY 21, 1999 R1 32 APPROVED AS TO CONTENT: 33 34 ~~ 35 Manangement S ' es APPROVED AS TO LEGAL SUFFICIENCY: ~J ~ lJ', City Attorney's Offi - 30 - Item V-I.S. ORDINANCES ITEM # 45069 Paul C. Hubbard, 1913 Ravel Drive, Phone: 430-2845, represented the Pentecostal Church of Christ Tony Arnold, represented the Virginia Beach Schools, Phone: 563-1204 A MOTIONwas made by Councilman Branch, seconded by Vice Mayor Sessoms, to ADOPT an Ordinance to authorize temporary encroachments upon the City's rights-of-way at Mediterranean Avenue, 14`" Street and 16`" Street to VIRGINIA BEACH PENTECOSTAL CHURCH OF CHRIST re erecting and maintaining four (4) directional signs (BEACH - DISTRICT 6). Upon SUBSTITUTEMOTIONby Council Lady McClanan, seconded by Council Lady Eure, City Council ADOPTED, AS REVISED: Ordinance to authorize temporary encroachments upon the City's rights-of-way at Mediterranean Avenue, 14`" Street and 16`" Street and Baltic Avenue to VIRGINIA BEACH PENTECOSTAL CHURCH OF CHRIST re erecting and maintaining two (2)12"x 18"directional signs (BEACH - DISTRICT 6) The following conditions shall be required: 1. Erect and maintain two temporary signs, size 12" x 18 ": one at 16~" and Baltic and one at 14`h and Baltic. 2. It is understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with, but not limited to, the following City s specifications: a. Sign sheeting must be VIP Diamond Grade. b. Any installation of signs must be approved by the City. c. The bottom edge of the signs must have a 7' clearance from the ground and the lateral clearance from the roadway must be no closer than 2' and no further than 4'. Reasonable clearance of any existing sidewalks must be considered. 3. The temporary encroachments herein authorized terminate at the expiration of six (6) months or no later than October 31, 1999. The temporary encroachments must be removed from the encroachment area by the Grantee; and the Grantee will bear all costs and expenses of such removal. 4. The Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachments. S. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. June 1, 1999 -31- Item V-I.S. ORDINANCES ITEM # 45069 (Continued) 6. The Grantee agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. The Grantee must submit and have approved a traffic control plan before commencing work in the encroachment area. 8. The Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. 9. Prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the O~ce of Development Services Center/Planning Department. 10. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the Ciry may charge the Grantee for the use of the encroachment area, the equivalent of what would be the real properry tax upon the land so occupied if it were owned by the Grantee; and ifsuch removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalry in the sum of One Hundred Dollars ($100.00) per day for each and every day that the temporary encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any mannerprovided by law for the collection of local or state taxes. Voting: 6-S Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Linwood O. Branch, III, Harold Heischober, Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and A. M. ` Don " Weeks Council Members Absent: None June 1, 1999 ORDINANCE NO. Requested by Department of Public Works 1 AN ORDINANCE TO AUTHORIZE 2 TEMPORARY ENCROACHMENTS INTO A 3 PORTION OF THE RIGHTS-OF-WAYS OF 4 14TH STREET AND 16TH STREET BY 5 VIRGINIA BEACH PENTECOSTAL CHURCH 6 OF CHRIST, ITS HEIRS, ASSIGNS AND ~ SUCCESSORS IN TITLE 8 WHEREAS, Virginia Beach Pentecostal Church of Christ desires to erect and 9 maintain two (2) directional signs upon the City's rights-of-way located at 14t'' Street and 16tn 1 o Street. 11 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- ~2 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 13 City's right-of-way subject to such terms and conditions as Council may prescribe. 14 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 1.7 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Virginia Beach Pentecostal 18 Church of Christ, its heirs, assigns and successors in title is authorized to erect and maintain 19 temporary encroachments for two (2) directional signs in the City's rights-of-way as shown 2 0 on the map entitled: "Exhibit A," a copy of which is on file in the Department of Public 21 Works and to which reference is made for a more particular description; and 2 2 BE IT FURTHER ORDAINED, that the temporary encroachments are 2 3 authorized for a period not to exceed six (6) months; and 2 4 BE IT FURTHER ORDAINED, that the temporary encroachments are 2 5 expressly subject to those terms, conditions and criteria contained in the Agreement between 2 6 the City of Virginia Beach and Virginia Beach Pentecostal Church of Christ (the 2 ~ "Agreement"), which is attached hereto /and incorporated by reference; and 2 s BE IT FURTHER ORDAINED, that the City Manager or his authorized 2 9 designee is hereby authorized to execute the Agreement; and 3 o BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 31 such time as Virginia Beach Pentecostal Church of Christ and the City manager or his 3 2 authorized designee execute the Agreement. 3 3 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 3 4 day of June , 1999. 3 5 CA-7273 3 6 PREPARED: 02/09/99 3 7 06/0499 38 APPROVED AS TO CONTENTS ~~rrr~, C. o~~u,,s~,., // SIGNATURE v r ~Flc,~ C ~~,~ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ ~~~^~;~!Y/'r CITY ATTORNEY 2 '< <xN~~~T A ,, PREPARED BY VIRGTNIA BEACH CITY ATTORNEY'S OFFICE THIS AGREEMENT, made this day of , 1999, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and PAUL HUBBARD, GEORGE HERDER, and MADELINE SMITH, TRUSTEES OF VIRGINIA BEACH PENTECOSTAL CHURCH OF CHRIST, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee" (even though mare than one). WITNESSETH: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "Lots 1 thru 7 and Lots 35 thru 37, Block 18, Lakewood" and being further designated and described as GPIN's 2427-06-5134, 2427-06-4133, 2427-06-4214, 2427-06-4311, and 2427-06-4264; and That, WHEREAS, it is proposed by the Grantee to erect and maintain two (2) directional signs, "Temporary EncroachmenY', in the City of Virginia Beach; and WHEREAS, in erecting and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of two (2) existing City rights of way known as 14th Street and 16th Street "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with, but not limited to, the following City's specifications: 1. Sign sheeting must be VIP Diamond Grade. Signs not to exceed 12" x 18" in area. 2. If the proposed signs are to be mounted on Utility poles, permission of the Utility company(ies) owning said poles (i. e. Virginia Power, C& P Telephone, etc.) must be obtained (in writing) and provided to the City of Virginia Beach prior to any installation approval by the City. If the proposed signs are to be mounted on separate poles, said poles must be 2" X 12' galvanized Quick Punch with 2 1/4" galvanized break-away bases. 3. The bottom edges of the signs must have a 7' clearance from the ground and the lateral clearance from the roadway must be no closer than 2' and no further than 4'. Reasonable clearance of any existing sidewalks must be considered). The Encroachment Area is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "Exhibit A" a copy ofwhich is attached hereto and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized is for a period not to exceed six (6) months from the date of this Agreement and shall terminate on , on which date the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses 2 and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance 3 policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Graritee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, VIRGI1vIA BEACH PENTECOSTAL CHURCH OF CHRIST has caused this Agreement to be executed by PAUL HUBBARD, GEORGE HERDER, and MADELINE SMITH as TRUSTEES with due authority to bind said Church. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 4 VIRGINIA BEACH PENTECOSTAL CHURCH OF CHRIST STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: By: (SEAL) Paul Hubbard, Trustee By: (SEAL) George Herder, Trustee By: Madeline Smith, Trustee (SEAL) The foregoing instrument was acknowledged before me this day of , 1999,by City Manager/Authorized Designee of the City ~!, Manager of the City of Virginia Beach, Virginia, on its behalf. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , I 1999, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, Virginia. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY/COUNTY OF _ to-wit: The foregoing instrument was acknowledged before me this day of , ~ 1999, by Paul Hubbard, George Herder, and Madeline Smith, as Trustees on behalf of Virginia Beach Pentecostal Church of Christ. Notary Public My Commission Expires: APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT CITY REAL ESTATE AGENT 6 -32- Item V-I.6. ORDINANCES ITEM # 45070 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: License Refunds: $ 9,126.97 Voting.• 11-0 (By Consent) Council Members VotingAye: Linwood O. Branch, III , Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don " Weeks Council Members Voting Nay.• None Council Members Absent.• None June 1, 1999 FORM NO C A B REV 3/B6 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 gASE INTEREST TOTAL YEAR PAID ABSOLUTE BOTTLED WATER CO 05/05/99 AUDIT t,931.70 34.83 ~,966.53 AMERICAN FABRICATION & SURPLUS 05/07/99 AUDIT 850.17 78.48 928.65 APPLIED MANAGEMENT ENG PC 05~04/99 AUDIT 3,3o7.a5 ss~.40 4,268.85 APOLLO GROUP INC 05/04/99 AUDIT aa.~a o.oo a4.~4 BURTON MICHAEL BROOKS ~sss o4~2s~ss 14.58 0.00 ~4.58 COMMONWEALTH WOMENS HEALTHCARE 1999 _ 05/04/99 3.34 0.00 3.34 EAST COAST WINDOWS INC 1999 oa~22/99 ~7.s9 0.0o t7.69 HILL BREEZE CORP o5~os~ss AUDIT 569.47 5s.s2 s2s.3s HILL J W 1999 05~06~99 2.s2 0.00 2.62 HILLS PRINTING INC ~sss 05/O6/99 ~~2.25 0.00 ~~2.25 IMAGE CONTRACTING INC ~999 05~~0~99 138.43 0.00 138.43 KOBA CORP 05/07/99 AUDIT 235.68 23.56 259.24 REED STEVE W ~999 oa/23/99 a.5o 0.0o a.50 RENAL TREATMENT CENTERS/MID ATLANTIC 05i0a~99 AUDIT a3o.8s a6.65 477.51 SEDEL & ASSOCIATES REALTY INC ~9ss o5io~iss 9.os o.oo s.os SOCIAL SECURITY RIGHTS CENTER ~99s oai2oi99 22.96 0.00 22.ss SOUTHERN STAR EMBROIDERY INC ~9ss os~~~iss 43.56 0.00 43.56 THULMAN EASTERN CORP o5~os~ss AUDIT ~5s.8~ 8.65 ~s~.as VICTORIAS EATERIES LTD ~999 o5~osiss 18.58 0.00 18.58 Certified as o p t• Philip J. K I am Commissioner of the Revenue Approved as to form: Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $9,126.97 were approved by the Council of the City of Virginia Beach on the 1 day of Jt1NE ,19 99 Ruth Hodges Smith City Clerk -33- Item V-J.1. APPOINTMENTS TEM # 45071 BY CONSENSUS, Ciry Council RESCHEDULED the following APPOINTMENT.• HEALTH SERVICES ADVISORYBOARD June 1, 1999 -34- Item V-L.1. NEW B USINESS ITEM # 45072 Mayor Oberndorf referenced a visit from the Virginia Beach Crime Task Force. They are committed to fighting crime in the City; however, they feel they may duplicate duties of existing committees. Their one strong interest is having a Children's Court in Virginia Beach as in Chesapeake. Mayor Oberndorf read the duties of the Crime Task Force, adopted by the City Council on November 24, 1999.• "That there is hereby established the Virginia Beach Crime Task Force whose purpose shall be to evaluate the crime problem in the City of Virginia Beach, to identify ways in which to address the problem, and to make recommendations to City Council based on its findings and conclusions. " Mayor Oberndorf advised these individuals are very dedicated. Council Lady Parker advised the representatives have been meeting on a monthly basis and wish to be of assistance to Ciry Council. Council Lady Parker requested City Council provide direction as to how they may best serve. June 1, 1999 -35- Item V-L.2. NEW BUSINESS ITEM # 45073 Mayor Oberndorf advised yesterday, May 31, 1999, she flew to Pittsburgh to attend a wedding. She perused a U.S. Airways Attache'publication, which contained a very large article "IMAX TO THEMAX': There are only three (3) cameras in the world, worth $1-MILLIONeach, which make 3D IMAX. movies Only seven (7) facilities in the United States have 3D IMAX theaters: Virginia Beach has the Family Channel IMAX 3D Theater and Virginia Marine Science Museum (757) 437-4949, which is highlighted within the article. June 1, 1999 - 36 - Item V-M. ADJOURNMENT ITEM # 45074 Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 4:05 P.M. ~s~~''----~---~--- ~ _- y~o, /~ Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk ~~r~~,l~~- --- S~'~' ~_"'_ Ruth Hodges Smith, CMC/AAE City Clerk City of Virginia Beach Virginia Meyera E. Oberndorf Mayor June 1, 1999