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HomeMy WebLinkAboutJUNE 9, 1992 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYE@ E. O.EMWU, A, VICE IYOR ROBERT E. PENT@@, V,,i.i. ---l' IIIIIN I U.@ J". W 8.@IER. I.,. -ERT . CLYRU-, K-1@ll HARO@ IIEI@HOSE., A, U,, ,..S R. I.IES, .UL J. @NTEIGNE, P.- UM S. MX-NM. @i- A.- N@CY K. PA@R. Al-U,@, WILUIM D, S@@MS. JR.. 2@@ ci@ ".u BUIMING 1". K. SM@. Cil, UNICIP@L CEWER @SUE I U@@, C,., All.., CITY COUNCIL AGENDA RGINIA B-CH, VIRGINIA 23-.-5 R@H HODGES WITH, CMC I @, Cl@ C@@ June 9, 1992 ITEM 1. CITY MANAGER'S BRIEFINGS - Council Cha@er - 11:30 AM A. MARINE SCIENCE MUSEUM EXPANSION Mac Rawls, Director B. OCEAN PARK DRAINAGE PHASE 11 and CITY BOAT LANDING FACILITY/MARLIN BAY LANE Arthur R. Shaw, City Engineer ITEM 11. INFORMAL SESSION - Council Chaffber - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM 111. FORMAL SESSION - Council Chawber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend William E. Austin, Jr. Virginia Beach Christian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - June 2, 1992 G. MAYOR'S PRESENTATION 1. UP WITH PEOPLE ADVANCE TEAM Lee Banks, Optimist Club H. CONSENT AGENDA A I I matters I i sted under the Consent Agenda are cons i dered in the ordinary course of business by City Counci I and wi I I be enacted by one motion in the form listed. if an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution requesting the Commc>nwealth of Virginia convey to the Ci ty of V I rg i n I a Beach, at no add i t i ona I cost, a I I r I ghts-of -way now vested in the Commonwealth re extension of Great Neck Road from 0.012 miles North of its intersection with Shorehaven Drive to Its intersection with Shore Drive (Great Neck Road Phase I I - VDOT Project Nunter UOOO-134-108, R/W 201). 2. Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia re bird sanctuaries: Bellamy Plantation/ Kempsville Borough Rosemont Forest Elementary School 3. Ordinance authorizing relffbursement of $350-00 and $500.00, respectively, re legal expenses incurred by two (2) Sheriff's Deputies in the performance of their duties. (Virginia Code Section 15.1-131.6) 4. Ordinance to ACCEPT and APPROPRIATE a $10,000 gift from the Cape Henry Women's Club re purchase of a horse trailer for use by the Police Department's Mounted Patrol Unit. 5. Ordinance to APPROPRIATE $4,770 from the E911 fund re acquisition of an uninterruptable power supply (battery) for the E911 telephone system. 6. Ordinance to ACCEPT and APPROPRIATE $1,314 from the State Division of Medical Services Two-For-Life Program re purchase of classroom chairs for the Ermrgency Medical Training Center. 7. Ordinance to TRANSFER $39,870 within the FY 1991-1992 Police Department budget re acquisition of twelve (12) portable radios for the Resort Area. 8. Ordinance to TRANSFER $26,779 to the Tax Exeoption Program for the Elderly and Di'sabled from the Reserve for Contingencies. 9. Ordinance authorizing a temporary encroachment into a portion of City-owned property known as the waters of Lake Wesley to F. Wayne and Faye E. McLeskey re eight (8) proposed finger piers and forty-three (43) mooring piles (LYNNHAVEN BOROUGH). 10. LOW BID with advance notice to proceed: HENDERSON, INC. Refuse Collection/ $885,000.00 Garage Facility Phase I - CIP 3-989 11. Ordinance authorizing special tax refund in the amount of $2,982.20. 12. Ordinance authorizing tax refund in the amount of $1,313.53. 13. Ordinance authorizing license refund in the amount of $6,883.38. 1. ORDINANCES 1. Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia: a. Chapter 24, by ADDING Section 24-6 re use of public parks. b. Section 4-1, and ADDING Section 4-1.1 re permits to conduct special events. c. Section 27-3 re fees for police services. d. REPEALING Section 23-14.1 re public meetings. 2. Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia: a. Section 21-398 re parking meters. b. Article Xi of Chapter 21 by ADDING Division 4, Sections 21- 440.1 through 21-440.11 re residential parking permits. 3. Ordinance to TRANSFER $300,000 from Beach Erosion and Hurricane Protection Project (CIP 2-704) to Marine Science Museum Expansion Design (CIP 3-002) re continuance of architectural design phase. J. PUBLIC HEARING 1. PLANNING BY CONSENT a. Application of STAR OF THE SEA CATHOLIC CHURCH for a Change of Zoning District Classification from R-5S Residential Single- Family District to R-T3 Resort Tourist District at the Northwest corner of Pacific Avenue and 14th Street, containlng 43,124 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL b. Application of P & D OF NORFOLK, INC. for a Conditional Use Permit for an automobile repair establishment on the East side of North Great Neck Road, 500 feet North of Mi I I Dam Road (1424 North Great Neck Road), containing 36,000 square feet more or less (LYNNHAVEN BOROUGH). Recomn)endation: APPROVAL 2. PLANNING - RECONSIDERATIONS a. RECONSIDERATION OF CONDITION NUMBERS ONE, SIX and SEVEN in the March 24, 1992, approved Appi ication of BUNGEE THRILLS, INC., for a Conditional Use Permit for a recreational and amuserwnt facility of an outdoor nature (bungee jumping) on the West side of Atlantic Avenue, South of 3rd Street, containing 1.6 acres (LYNNHAVEN BOROUGH). b. RECONSIDERATION OF CONDITION NUMBER ONE in the June 1, 1987, approved Application of GALE M. and DAVID 1. LEVINE, for a Change of Zoning District Classification from A-1 Apartment District to A-4 Apartment District at the Southeast corner of North Great Neck Road and LynnFa-ven Drive, containing 12.36 acres (LYNNHAVEN BOROUGH). Recommendation: DENIAL 3. PLANNING a. Application of WILLIAM and SHELLEY STALLINGS for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance at 2508 Little Lake Court, containing 4.15 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL b. Application of PARCEL 4-A ASSOCIATES, L.P. for a Conditional Zoning Classification from 1-1 Light Industrial District to 6-2 Community Business District at the Southwest corner of Saber Street and Phoenix Drive, containing 11.8021 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL c. Application of ERIC C. BECK, d/b/a ERIC'S RV CENTER, INC. tor a Conditional Use Permit for motor vehicle sales and service on Lots 9-14 a d Lots @-35, Block 26, Euclid Place (266 Jersey Avenue), containing 41,195 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL d. Application of FRANK T. WILLIAMS tor a Conditional Use Permit for single-family hows in the AG Agricultural District on the North side of Nannwys-creek Road, 1550 feet more or less West of Charity Neck Road, containing 53 acres (PUNGO BOROUGH). Recommendation: APPROVAL K. APPOINTMENTS ARTS AND HUMANITIES COMMISSION CLEAN COMMUNITY COMMISSION DEVELOPMENT AUTHORITY FRANCIS LAND HOUSE BOARD OF GOVERNORS GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION MILITARY LIAISON COMMISSION SOCIAL SERVICES BOARD TIDEWATER TRANSPORTATION DISTRICT COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Ordinance to extend to the City Assessor, City Attorney and City Clerk the same Increase In benefits provided in the FY 1992-1993 operating budget to City employees on the Executive, Administrative and General pay plans. (Sponsored by Vice Mayor Robert E. Fentress) b. Resolution directing City staft to develop a funding plan for the Burton Station Project. (Sponsored by Councilman Louis R. Jones) N. ADJOURNMENT PUBLIC HEARING LAKE GASTON PROJECT SATURDAY, JUNE 13, 1992 - 10:00 AM VIRGINIA BEACH PAVILION UNITED STATES DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) CITY COUNCIL RECESS JULY 15 31, 1992 6/4/92 cmd M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 9, 1992 Mayor Meyera E. Oberndorf called to order the to order the VIRGINIA BEACH CITY COUNCIL f or the CITY MANAGER'S BRIEFING in the Council Chamber, City Hall Building, on Tuesday, June 9; 1992, at 11:30 A.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Vice Mayor Robert E. Fentress (ENTERED: 11:32 A.M.) Reba S. McClanan (ENTERED: 11:35 A.M.) William D. Sessoms, Jr. (ENTERED: EXECUTIVE SESSION ATTENDED GRADUATION OF DAUGHTER AT NORFOLK ACADEMY) 2 C I T Y M A N A G E R S B R I E F I N G MARINE SCIENCE MUSEUM EXPANSION 11:30 A.M. ITEM # 35690 E. Dean Block, Assistant City Manager for Economic Management, advised the purpose of the presentation: Inform the City Council relative the expansion plan and brief the City Council relative the Feasibility Study to link the Capital Planning tor this project. In addition to these two purposes, the City Staff requested a "Request For Action" in regard to continuing design and permission to continue to work on the budgetary planning for the expansion and provide a report with alternatives as part of the Capital loprovement Program (See Item 111-1.3 under Ordinances). Mac Rawls, Director of the Department of Museums, recognized the Board of Trustees of the Marine Science Museum Foundation. Bi I I Jones is the President and the Chair is Nancy Creech. Mr. Rawls stated: "the Trustees are the real backbone of the Museum". Mr. Rawis advised the Architect for the Museum is E. Vernon Johnson of Boston. Mr. Raw I s, through the use of v 1 sua I s 1 i des, dep 1 cted the expans 1 on of the Museum. The expansion will complete the museum design rather than reassembling an "add-on". The IMAX Theatre wing wi 1 1 contain a smal I theatre comprising approximately 300 seats with a huge screen about 6 stories in height. The v i ewer w 1 1 1 f ee I he 1 s about to t a 1 1 i nto the screen. Mr. Rawls displayed a temporary exhibit area, about tour times the size of the existing temporary exhibit area, which will allow major changing of teaporary exhibits. There will also be a cateteria type dining area. This area will contain an expanded classroom, gift shop and additional office space. The deep ocean wing will be entered through the existing building, taking a route that goes by the logger head sea turtle exhibit, a beautitul promenade area overlooking Owl's Creek. This can be closed off during the day or used in the evening tor special activities. There will be a smaller room in which the doors close and an overhead projection will simulate the ocean floor. The room will vibrate and there will be special effects after which the door opens and the participants will be face-to-face with a giant shark tank. The midsection of the bl]ilding will contain approximately 50 hands-on exhibits. This area will be dominated by a huge full size scale model of a humpback whale suspended from above. Another large tank of approximately 500,000 gallons will be at the end of this building. ln this tank will be three or four marine mammal specimens, bottle nose dolphins. As one exits the building through a ramp area, one will take a beautiful hike ot nature paths constituting one-halt mile through the marshlands. The parking wil I be expanded approximately 3 times the current area. The South Building will be totally devoted to Owl's Greek Marsh. A large shore bird aviary will be developed. An inside/outside exhibit deals with marsh mammals. Mr. William Owens, Senior Vice President - Economics Research Associates, identified ERA's SCOPE OF WORK: Evaluation of VMSM Operating Experience Review ot Expansion Concept Evaluation of Local Area Attractions Evaluation ot Comparable Facilities: Aquariums, Science Museums, IMAX/OMINAX Theatres Identification and Analysis of Available Markets Projection of Attendance Evaluation ot Financial Performance Assessment of Economic Impacts The Marine Science Museum has established itself as one of Virginia Beach's Premier Attractions. First year attendance of 358,000 visitors was 25 percent higher than planning projections. Currently attendance has been established at 335,00 visitors. The Marine Science Museum draws heavily from arrk)ng local and regional residents as well as overnight visitors. - 3 - C I T Y M A N A G E R ' S B R I E F I N G MARINE SCIENCE MUSEUM EXPANSION ITEM # 35690 (Continued) Mr. Owens advised on-site visitor surveys reflect: Visitors who enjoyed their visit to VMSM 100% Visitors who indicated the VMSM would influence their 54 % return to Virginia Beach Visitors who stayed in Virginia Beach longer than planned as a result of the VMSM 95% Visitors who plan to visit the museum on their 80% next trip Visitors who would recommend museum visit to others 100% Visitors who think the museum should be expanded 80 % The expanded Marine Science Museum w! I I draw from Virginia Beach's large and growing resident, day trip and overnight visitor markets. Resident Market Daytrip Market Overnight Visitor Market The current market penetration experience of the Marine Science Museum coffpared to other successful science museums and aquariuns suggests considerable potential for attendance growth with expansion. Science Marine Science Museunr. Aquarluffs Museum Metro Area Residents 21 - 23% 10 - 15% 6% Day-Trip Residents 2 - 10% 3 - 7% 1% Visitors (outside 100 miles) 2 - 4% 12 - 45% 9% Projected annual attendance of the expanded Virginia Marine Science Museum reflects both the quality of the Market and ot the expansion concept (stabilized attendance). Estinoted Projected Projected Size Market Attendance (000) Penetration (000) Paid Attendance: Metro Area Residents 1,613 12% 193 Day-trip Residents 1,505 3% 45 (within 100 miles) Visitors 2,499 18% 450 Subtotal - Paid Attendance 688 Unpaid Attendance (12% of Total Attendance) 94 Total Attendance 782 - 4 - C I T Y M A N A G E R ' S B R I E F I N G MARINE SCIENCE MUSEUM EXPANSION ITEM # 35690 (Continued) First year attendance, which reflects a new attraction's "novelty factor" is projected to be 845,000. Attendance will stabilize at almost 800,000 visitors. ADULT ADMISSION FEES AT SELECTED AQUARIUM AND SCIENCE MUSEUMS (1991 Dollars) Aquarium/ Museum & 114AX AQUARIUMS Aquarium of the Americas $ 8.00 n.a. Monterey Aquarium 9.00 n.a. Mystic Aquarium 8.25 n.a. National Aquarium In Baltifflore 10.75 n.a. SCIENCE MUSEUMS Boston Museum of Science $ 6.00 $10.00 Science Museum of Minnesota 4.00 5.00 Pacific Science Center 5.00 6.00 Alabama Space and Rocket Center 6.95 11.95 Virginia Marine Science Museum $ 6.00 $ 9.00 SUMMARY OF OPERATING FINANCIAL PERFORMANCE OF THE EXPANDED VMSM (First Year of Stabilized Operations in Constant 1991 Dollars) ($ 000's) REVENUES Earned Income Admissions $3,887 Museum Store Sales 633 Memberships 105 Other 163 Subtotal $4,788 Support Donations $ 200 City of Virginia Beach 1,061 Subtotal $1,261 Total Revenues $6,048 OPERATING COSTS Personnel $2,296 Building & Equipment 489 Exhibits, Progranis & Events 457 IMAX Fees & Costs 546 Museum Store 362 Public Relations & Advertising 368 Administration 132 Subtotal $4,650 Contingency 465 Total Operating Costs $5,115 OPERATING SURPLUS $ 933 (1) (1) Equal to $1,313,00 in 1998 dollars - 5 - C I T Y M A N A G E R ' S B R I E F I N G 14ARINE SCIENCE MUSEUM EXPANSION ITEM # 35690 (Continued) The expanded Marine Science Museum is expected to achieve a strong tinancial performance. Mr. Owens displayed a chart depicting the operating surplus for each of the facilities first five years of operations. Total capitalized costs for the Marine Science Museum expansion program are estimated to be $31.3- MILLION in 1991 constant dollars, or $37.7-MILLION in current dollars, over a tour year construction period ending in FY 1996. The economic impacts of the expanded Marine Science Museum's construction and ongoing operations will be substantial for Virgnia Beach, the metropolitan area and the State. Construction Payroll $11,515,000 Jobs (FTE's) 254 Purchases $12,468,000 tions Direct Expenditures On-Site Otf-Site Payroll s 1,800,000 $ 8,501,400 Jobs 586 Taxes Admissions $ 306,100 $ --- Restaurant 14,000 $ 462,100 Hotel --- 685,200 Sales 4 2,600 1,402, 300 Income 86, 300 391,100 Indirect Expenditures Payroll $ 1,031,200 $ 7,272,200 Jobs 61 346 Taxes Sales 29,700 261,800 Income 47,400 334,500 - 6 - C I T Y M A N A G E R ' S B R I E F I N G OCEAN PARK DRAINAGE PHASE 11 and CITY BOAT LANDING FACILITY/MARLIN BAY LANE ITEM # 35691 Mayor Oberndorf advised Judy Connors and Members of the Ocean Park Civic League were unable to attend as five buses of residents went to Richmond this morning in OPPOSITION to the "Lovely Ladies" Go-Go Bar and their appl ication for the ABC license. Arthur R. Shaw, City Engineer, advised the CIP Project Ocean Park Storm Drainage has been in existence for approximately four years with a total funded cost of $4,600,000. The first phase was north of Shore Drive, completed in 1986. In 1988-1989, the drainage studies, relative the portion ot Ocean Park, commenced south of Shore Drive and north of Strattord Road. The majority of the co I I ected storm water f rom the I ow areas i n Ocean Park wou I d be d i verted to a particular low area in the Stratford Road vicinity. A purnp station and force main would be constructed in this location out to Crab Creek. Approximately a year ago, F. Wayne McLeskey approached the City with the suggestion of building a BMP, a retention pond, in a particular area and stated he would contribute to the cost of th i s i t the C i ty wou I d a 1 1 ow h 1 m to p I ace h i s storm water f or undeveloped lots into the saw BMP. The design change would entai I moving the pump station to City owned property, bordering the future Kel lam Park, take a residual piece of City owned property and covert it to a 2.6-acre retention pond with a gravity outfal I to Crab Creek. This method actual ly entai Is less expense with the property owner, F. Wayne McLeskey, contributing the cost of excavating and shaping the pond and the City instal I ing the pump station, the inlet and outlet structure, as well as the outtall. The savings to the City by changing the design is approximately $144,000. For Mr. McLeskey's contribution of the cost and labor to excavate the pond, the City has agreed he may take the areas designated in blue on the depicted chart, (74 platted lOt5, in which he is currently paying taxes), and having a source of treatment for the stormwater, he can develop those lots. Mr. McLeskey would have to construct the grav i ty system co I I ect i ng the water f rom these I ots and br i ng i t i nto the retention pond through a series of inlets into the pond. When the volume of the pond was calculated, it was discovered a regional BMP could be created and the stormwater could be taken from a currently developed area which tiows into three ditches, as well as the additional area designated in light green on the chart. The owner, realizing that the water from this area can be treated by the retention pond, will probably construct (immediately adjacent to Marlin Bay Drive) an attractive canal that will replace the storage capacity of these aforementioned ditches. The canal will serve the purpose of a preliminary BMP. There will be some water quality treatment as the water sits in the canal and then by a controlled structure, the water will be allowed to go to the pump station and then into the retention pond for polishing of the water quality before it goes into Crab Creek. Mr. Shaw cited the advantages to the City: Preclude constructing a large pump station in the middle ot the neighborhood and tearing up a neighborhood street with the construction ot a deep force main. An attractive aesthetic enhancement will be provided to the proposed Kellam Park. By having this preliminary holding canal BMP, the City will be going above and beyond the requirements for improving the quality of the attluent into the Lynnhaven River and ultimately the Chesapeake Bay. The real estate values will be improved and thus the City will benefit financially. This method of construction will result in a savings of approximately $144,000. - 7 - C I T Y M A N A G E R ' S B R I E F I N G OCEAN PARK DRAINAGE PHASE 11 and CITY BOAT LANDING FACILITY/MARLIN BAY LANE ITEM # 35691 (Continued) Mr. Shaw advised the disadvantages are very few with the major one being the City currently has a piece of real estate that might have at sometime been expanded into a larger community park, but the City is now converting it into a stormwater BW. Mr. Shaw cited the the advantages to the owner: The owner would be provided fill niaterial from the construction of the BMP and the canal. The owner wi I I be able to develop the 74 platted lots and the additional area. The disadvantages to the developer are mostly cost. The developer w! I I spend over $100,000 to excavate and shape the pond. There wi I I be additional costs for the construction of the canals, as we[ I as additional costs to him for haul ing and spreading the excavated material , obtaining the permits and normal developer costs of designing and constructing the col lection systems from the areas to get the water to the pump. The advantages far outweigh the disadvantages. Mr. Shaw referenced the possibi l !ty of placing a channel into Pleasure House Creek and construction of a marina/boat launching faci I lty with a I imited recreational faci I !ty on a parcel of land adjacent to Shore Drive. Mr. Shaw displayed a graph depicting this proposal . This proposal would involve a cost participation agreement with F. Wayne McLeskey. It the City wi I I obtain the necessary permits from the Environmental Regulatory Agency to construct the channel and if the City wi I I maintain the channel once it is dredged, the property owner will bear the cost of actual ly doing the dredging of the channel . Additional ly, Mr. McLeskey wi I I dedicate to the City the 5.8 acre parcel of land with a value of approximately $1-MILLION. The City wi I I then be obl igated to construct a boat launching faci I lty at this location. Mr. Shaw displayed a proposed design of the boat launching facility. Three double ranips were projected to enable 6 boats to be launched or retrieved simultaneously. Double-long parking for approximately 100 vehicles and trailers will be provided. There will be residual spaces for picnic tables, playground equipment, etc. Mr. Shaw advised the advantages of a marina/boat launching facility: The City is in dire need of additional boat launching facilities. Traffic access is much safer. One could either come down through the entrance off Shore Drive or make the turn into Marlin Bay Drive and come down the connector road. The disadvantages entail expending approximately $58,000 to $100,000 tor permits. The cost of maintaining the channel would be approximately $60,000 per year. The construction of the boat ramp would be approximately $400,000 to $500,000 depending upon additional amenities. Mr. Shaw advised the advantages to the owner: It Mr. McLeskey dredges the channel, he can keep the dredged material. The owner wou I d benefit from having a City maintained channel over his property and adjacent to his shore property. The owner would benefit from a launching facility near his property. - 8 - OCEAN PARK DRAINAGE PHASE 11 and CITY BOAT LANDING FACILITY/MARLIN BAY LANE ITEM # 35691 (Continued) The owner I s d i sadvantage wou I d be cost. 1 t wou I d enta i I approx i mate I y $1 /2- MILLION to construct the channel and his dedication ot property at a value of approximately $1-MILLION to the City. The owner would receive approximately 24,000 cubic yards of material from the site, an unknown amount from the canal, as it has been designed and 70,000 cubic yards from the channel. There has been discussions of a boat launching facility at the headquarters of Crab Creek; however, the Environmental regulatory agencies in the past have informed the City Council they would support a boat launching facility; however, trom a City point of view, this is not ideal. Approximately one-third of the sand stock pile area would have to be relinquished in order to obtain the same size boat launching facility as Pleasure House Lake. The City is obligated to the Corps of Engineers to provide them a sand stock pile location for their niaintenance dredging of the Federal channel. It the size of the stock pile area is diminished, a substitute dredged material area must be provided elsewhere. Traffic also provides a problem. It is not a sate maneuver to make a left turn coming down over the Lesner Bridge. - 9 - ITEM # 35692 The INFORMAL SESSION ot the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Counci I Chambers, City Hal I Bui Iding, on Tuesday, June 9, 1992, at 12:45 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: William D. Sessoms, Jr. - 10 - ITEM # 35693 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 purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates tor 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: Appointments: Arts and Humanities Commission Clean Community Commission Development Authority Liaison Francis Land House Board of Governors Greenways, Trails and Bikeways Committee Hampton Roads Planning District Commission Military Liaison Commission Social Services Board Tidewater Transportation District Commission Sports Authority of Hampton Roads 2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). To-Wit: Acquisition of Property - Virginia Beach Borough - 4th Street Acquisition of Property - Burton Station Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent William D. Sessoms, Jr. - 11 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL June 9, 1992 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, June 9, 1992, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend William E. Austin, Jr. Virginia Beach Christian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 1 2 Item III-E.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 35694 Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identif ied in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None .6 Xrol tatt 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 # 35693, Page No. 10, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 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. f(utb Hodges-Smith, CMC/AAE City Clerk June 9, 1992 - 13 - Item 111-F.l. MINUTES ITEM # 35695 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 2, 1992. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Paul J. Lanteigne Council Members Absent: None Councilman Lanteigne ABSTAINED as he was not in attendance during the City Council Session of June 2, 1992, as he was attending a Computer Seminar. - 14 - Item 111-G.I. MAYOR'S PRESENTATION ITEM # 35696 UP WITH PEOPLE ADVANCE TEAM Mayor Oberndorf introduced those in attendance representing UP WITH PEOPLE: Lee Banks Program Chairman of the Optimist Club Diane Moore Birmingham, Alabama Ashley Divins Mobile, Alabama Miguel Martinez Mexicall, Mexico These young peop I e are per f ormers w i th th i s group who go a I I over the wor I d to promote triendship and peace. UP W I TH PEOPLE w i I I be per f ormi ng two shows Ju I y F i r st an d Second at Chrys I er Hall in Norfolk, at 8:00 P.M. Miss Moore encouraged al I to support this worthwhile organization. The proceeds will benefit the OPTIMIST CLUB and OPERATION SMILE. Blanton Belk, brother of L! I I ian Youel 1, outstanding citizen, created UP WITH PEOPLE, after the riots at Woodstock and Kent State and the burning of Washington, D.C., New York City and other prominent cities in our nation. Mr. Belk uti I ized the them: "With Music and Love, that Is the only help we can turn to". - 15 - Item I I I -H. CONSENT AGENDA ITEM # 35697 Upon motion by Counci Iman Heischober, seconded by Counci Iman Brazier, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan*, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.** Council Members Voting Nay: None Council Members Absent: None Councilwoman McClanan voted a VERBAL NAY on Item 111-H.10. Councilman Sessons ABSTAINED on Item 111-H.4 as he is the Treasurer for Friends of the Mounted Patrol Unit. - 16 - Item 111-H.l. CONSENT AGENDA ITEM # 35698 Upon mc)tion by Counci [man Heischober, seconded by Counci lman Brazier, City Council ADOPTED: Resolution requesting the Commonwealth ot Virginia convey to the City of Virginia Beach, at no additional cost, al I rights-ot-way now vested in the Commonwealth re extension of Great Neck Road from 0.012 mi les North of its intersection with Shorehaven Drive to its intersection with Shore Dr i ve (Great Neck Road Phase I I - VDOT Project Number UOOO-134-108, R/W 201). Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 RESOLUTION 2 WHEREAS, the Commonwealth of Virginia and the City of 3 Virginia Beach jointly acquired a number of parcels of real estate 4 for Great Neck Road Phase II, also known as VDOT Project Number 5 UOOO-134-108, R/W 201, for the extension of Great Neck Road from 6 0.012 miles north of its intersection with Shorehaven Drive to its 7 intersection with Shore Drive (U.S. Route 60); and 8 WHEREAS, the said project has been completed and all 9 parcels acquired including ail condemnation proceedings which have 10 been concluded; and 11 WHEREAS, it is now in the best interest of the City and 12 the Commonwealth that all Right-of-Way within the said project be 13 transferred to the City of Virginia Beach. 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That the Commonwealth of Virginia is hereby requested to 17 convey to the City of Virginia Beach, at no additional cost to the 18 City, all Rights-of-Way now vested in the Commonwealth located 19 within VDOT Project Number UOOO-134-108, R/W 201. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 9 day of June 1992. 22 CA-4632 23 ORDIN\NONCODE\CA-4632.RES 24 R-1 1 7 Item 111-H.2. CONSENT AGENDA ITEM # 35699 Upon motion by Counci Iman Heischober, seconded by Counci lman Brazier, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia re bird sanctuaries: Bellamy Plantation/ Kempsville Borough Rosemont Forest Elementary School Voting: 11-0 Council Members Voting Aye: John A. Baum, Jams W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None LEGAL 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 5-31 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 BIRD SANCTUARIES. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 5-31 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 5-31. Established; purpose. 11 The following described areas in the city are hereby declared 12 to be bird sanctuaries for the protection of all birds: 13 (1) North Thalia in Kempsville Borough: Beginning 14 at a point in the center of Thalia Creek on 15 the north side of U.S. RoUte 58 (Virginia 16 Beach Boulevard); thence in a northerly 17 direction following the center of Thalia Creek 18 to the merger of Thalia Creek, the western 19 branch of Lynnhaven River and Buchannan Creek; 20 thence in an easterly direction along the 21 center of Buchanan Creek (Lynnhaven and 22 Kempsville Borough line) to the northeast 23 boundary of Thalia Shores; thence in a 24 southerly direction along the Lynnhaven and 25 Kempsville Borough line to a point; thence 26 along the borough line in a westerly direction 27 approximately twelve hundred (1200) feet, more 28 or less, to a point; thence along the borough 29 line in a southerly direction to the north 30 side of U.S.Route 58 (Virginia Beach 31 Boulevard) and Route 1192 (West Brook Road); 32 thence in a westerly direction along U.S. 33 Route 58 to the point of beginning. 34 (2) Chesopian Colony in Lynnhaven Borough: 35 Beginning at a point in the center of Pine 36 Tree Branch on the north side of U.S. Route 58 37 (Virginia Beach Boulevard); thence in a 38 northerly direction following the center of 39 Pine Tree Branch to the merger of Pine Tree 40 Branch, the eastern branch of Lynnhaven River 41 and London Bridge Creek; thence in a 42 southeasterly direction along the center of 43 London Bridge Creek to U.S. Route 58 (Virginia 44 Beach Boulevard); thence along the north side 45 of U.S. Route 58 in a westerly direction to 46 the point of beginning. 47 (3) The subdivisions known as Cavalier Park, 48 Herons Cove, Bay Colony, Kings Grant, Alanton, 49 Kings Forest, Malibu, Birchwood Gardens, 50 Lynnhaven Acres, Cape-Story-By-The-Sea, Bay 51 Island and Trantwood Shores in the Borough of 52 Lynnhaven and Nottingham Estates, Laurel Cove 53 and Aragona Village in Bayside Borough. 54 (4) All that certain area located in Lynnhaven 55 Borough, including, but not limited to those 56 subdivisions known as Wolfsnare Plantation, 57 Southern Points, Robin Hood Forest and Great 58 Neck Estates, and being more particularly 59 described as follows: Beginning at a point in 60 the center of Wolfsnare Creek on the western 61 side of Great Neck Road; thence in a westerly 62 direction f ollowing the center line of 63 Wolfsnare Creek to the merger of Wolfsnare 64 Creek and the eastern branch of the Lynnhaven 65 River; thence in a northerly direction along 66 the center line of the eastern branch of the 67 Lynnhaven River to the merger of the center 68 line of the eastern branch with Inlynnview 2 69 Road extended; thence, in an easterly 70 direction and running parallel to Robin Hood 71 Road, down the center of Inlynnview Road to 72 the intersection of Inlynnview Road and Five 73 Points Road; thence in a northerly direction, 74 down the center of Five Points Road to the 75 point of intersection of Five Points Road and 76 Rose Hall Drive; thence in an easterly 77 direction, down the center of Rose Hall Drive 78 to the intersection of Rose Hall Drive with 79 Great Neck Road; thence in a southerly 80 direction and traveling along the western 81 right-of-way line of Great Neck Road to the 82 point of merger of the center line of 83 Wolfsnare Creek with the western right-of-way 84 line of Great Neck Road, said point being the 85 point of beginning. 86 (5) All that certain area bounded on the north by 87 Shore Drive, on the south by Long Creek, on 88 the west by Great Neck Road and on the east by 89 the subdivision known as Cape-Story-By-The- 90 Sea. 91 (6) The subdivisions known as Lakeview Shores, 92 Lake Smith Terrace, Lake Smith Terrace-West, 93 Thoroughgood, Thoroughgood Estates, Lake 94 Shores, Bayville Park, Baylake Pines and 95 Baylake Beach in Bayside Borough. 96 (7) All that certain area located in Princess Anne 97 Borough being described as follows: From the 98 intersection of the center line of Hell Point 99 Creek and Tabernacle Creek to its intersection 100 with the center line of Muddy Creek to its 101 termination at North Bay, then northwardly 102 along the center line of Hell Point Creek to 103 the point of origin. 3 104 (8) The subdivisions known as Lake James, 105 Kempsville Heights, Point-of-View, Arrowhead, 106 Carolanne Farms, Huntington, Fairfield, 107 Kempsville Manor, Kempsville Gardens, Lark 108 Downs, Larkspur, Kempsville Colony, Bellamy 109 Manor, Acredale, Riverton, Lakeville Estates, 110 Timberlake and Stratford Chase in Kempsville ill Borough and Fawn Village at Indian Lake. 112 (9) All that certain area located in Princess Anne 113 Borough being described as follows: From the 114 center line of North Landing Road easterly 115 five hundred (500) feet and westerly five 116 hundred (500) feet and running parallel to 117 North Landing Road from the south line of 118 Indian River Road to the Chesapeake City 119 boundary line on the Intercoastal Waterway. 120 (10) The subdivision known as Lago-Mar in Princess 121 Anne Borough. 122 (11) The subdivision known as Green Run in Princess 123 Anne Borough. 124 (12) The subdivisions known as Pembroke Meadows, 125 Pembroke Manor, Witchduck Point and Witchduck 126 Bay in Bayside Borough. 127 (13) The subdivision known as Lynnhaven Colony. 128 (14) All that certain area known as Beach Garden 129 Park in the Lynnhaven Borough of the city; 130 said area is located directly south of Laskin 131 Road, bounded on the west by Barberton Drive 132 and on the east by Holly Road running to 26th 133 Street. 134 (15) All that certain area known as Chesapeake 135 Beach in the Bayside Borough of the city; said 136 area is bounded on the south by Shore Drive, 137 bounded on the north by Chesapeake Bay, 138 bounded on the west by Little Creek Amphibious 4 139 Base, and bounded on the east by the 140 subdivision known as Baylake Pines. 141 (16) All that certain area known as Princess Anne 142 Plaza in the Lynnhaven and Princess Anne 143 Boroughs of the city; said area is bounded on 144 the north by the Virginia Beach toll road, 145 bounded on the west by Rosemont Road, bounded 146 on the south by Holland Road and Lynnhaven 147 Parkway, and bounded on the east by Lynnhaven 148 Parkway. 149 (17) All that certain area known as Wolfsnare in 150 the Lynnhaven Borough of the city; said area 151 is bounded on the east by First Colonial Road, 152 on the north by the Northern Branch of 153 Wolfsnare Creek, on the west by Great Neck 154 Road, and on the south by the southern branch 155 of Wolfsnare Creek, Regency Apartments, and 156 Laskin Road; to include the subdivision of 157 First Colonial Estates, Camden Estates, 158 Glouster Village, Hilltop Manor, Wolfsnare 159 Acres, Washington Square and Woods of 160 Washington Square. 161 (18) All that certain area known as Lake Placid in 162 the Princess Anne Borough. 163 (19) The subdivision known as Great Neck Point in 164 the Lynnhaven Borough. 165 (20) The subdivisions known as Ballylinn Shores and 166 West View Village in the Kempsville Borough. 167 (21) All that certain area known as Hunt Club 168 Forest in the Princess Anne Borough. 169 (22) All that certain area known as Pine Ridge in 170 the Princess Anne Borough. 171 (23) The subdivision known as Kenstock in the 172 Lynnhaven Borough. 5 174 (27) All that certain area known as Bellamy Plantation, and 175 the grounds of Rosemont Forest Elementary School, in the 176 Kempsville Borough. 177 Adopted by the Council of the City of Virginia Beach, Virginia 178 on the 9 day of June 1992. 179 CA-4673 180 \ORDIN\PROPOSED\05-031.PRO 181 R-1 6 - 18 - item 111-H.3. CONSENT AGENDA ITEM # 35700 Upon motion by Counci I man He! sc hob er, seconded by Counciiman Brazi er, City Council ADOPTED: Ordinance authorizing reimbursement of $350.00 and $500.00, respectively, re legal expenses incurred by two (2) Sheriff's Deputies in the performance of their duties. (Virginia Code Section 15.1-131.6) Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AUTHORIZE REIMBURSEMENT OF 2 $350. 00 AND $500. 00 FOR LEGAL EXPENSES 3 INCURRED BY TWO SHERIFF'S DEPUTIES IN THE 4 PERFORMANCE OF THEIR DUTIES 5 WHEREAS, two Virginia Beach Sheriff's Deputies were 6 charged with assault while performing their duties; 7 WHEREAS, the deputies incurred legal expenses of $350.00 8 and $500.00 preparing their respective defenses; 9 WHEREAS, the General District Court dismissed the cases; 10 WHEREAS, the Deputies are seeking reimbursement from the 11 City for their legal fees in accordance with Section 15.1-131.6 of 12 the Code of Virginia; and 13 WHEREAS, City Council considers this request reasonable 14 and proper; 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, Virginia: 17 That funds of $350.00 and $500.00 are authorized to be 18 paid by the Sheriff's Department to Carter R. Anderson, Jr., 19 Esquire, on behalf of two Sheriff's deputies, from funds set aside 20 for this purpose for legal expenses incurred by those deputies as 21 a result of the above referenced incidents. 22 This Ordinance shall become effective upon the date of 23 its adoption. 24 Adopted by the Council of the city of Virginia Beach, 25 Virginia, on the 9 day of June 1992. 26 CA-4534 27 Noncode\CA-4534.ord APPROVED AS_TO CONIEWS 28 R-5 SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICI ATTORNEY - 19 - item 111-H.4- CONSENT AGENDA ITEM # 35701 Upon motion by Counci I man He i schober, second ed by Counci I man Brazi er, Ci ty Council ADOPTED: ordinance to ACCEPT and APPROPRIATE a $10,000 gift from the Cape Henry Women's Club re purchase of a horse tra i I er for use by the Po I i ce Department I s Mounted Patrol Unit. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: None Cou nc 1 1 man Sessoms ABSTA I NED as he 1 s the Treasur er f or Fr i ends of the Mou nted Patrol Unit. AN ORDINANCE TO ACCEP77 A ROPPIATE A $10,000 GIFT FROM THE CAPE .. Ry .0 pp TRAILER FOR USE BY C@.. . P-CHASE A MORSE PA.@ .. 'S MOUNTED PATROL UNIX I WHEREAS, th8 Cape Henry Women's Club has d"@ted $10,000 to th. City 2 for the Purpose of Purchasing a h r,e trail 3 Mounted Patrol Unit; er f-: u-@ by the POlice Departme,,tl. 4 WHEREAS, the Mou ted Pat rol Unit @nticipates that the horse trailer 5 will nOt exceed the $10, 000 gift a,,d may actually re.,,Jt in a residual am,,,,t, 6 the Cape Henry Women'S club has -Ide as a condition Of the gift th.t ny lesidual 7 amount be transferred to the Friends of the Mounted Patr,,l. a NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 11 9 VIRGINIA BEACH, VIRGINIA, that the $10,000 gift from the Cape Helry Women's Cl@b 10 bo accepted and appropriated for the Purpose of Purchasing a horse trailer for 11 the POlice Mounted Patrol Unit and that any residual amount from the gift be 12 given to the Friends of the Mounted Patrol. 13 BE IT FURTHER ORDAINED, that th@ FY 1991-92 estimated relenue from 14 donations be increased by $10,000 to reflect the acceptance of this gift. 15 Adopted by the City Council of the City of Virginia Beach, Virginia 16 on this day June 9 1992. APeROVED AS TO N'i' W' AZL C, ER, JR. OFFlor= OP SUMV AND EVALUATI(Y,4 - 20 - Item 111-H.5- CONSENT AGENDA ITEM # 35702 Upon motion by Counci I man He i sc hober, seconded by Counci I man Brazi er, City Council ADOPTED: ordinance to APPROPRIATE $4,770 trom the E911 tund re acquisition of an uninterruptible power supply (battery) for the E911 telephone system. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE $4,770 FROM THE E911 FUND FOR ACQUISITION OF AN UNINTERRUPTABLE POWER SUPPLY (BATTERY) FOR THE E911 TELEPHONE SYSTEM 1 WHEREAS, the existing battery backup Bystem, purchased in 1988 is now 2 failing and needs to be replaced to ensure continued operation of the E911 3 Telephone System in cases of power failure; 4 WHEREAS, there is sufficient funds available in the fund balance of 5 the E911 Telephone System Fund due to the dedicated tax on telephone units. 6 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, that $4,770 be appropriated from the E911 Telephone 8 Fund balance for the purpose of purchasing an Uninterruptable Power Supply for 9 the E911 Telephone System. 10 Adopted by the City Council of the City of Virginia Beach, Virginia 11 on this day June 9 1992. APPROVED AS M W -T@R C. X C)Fr'@CEOf-BUDG - 21 - Item III-H.6. CONSENT AGENDA ITEM # 35703 Upon motion by councilman Heischober, seconded by Councilman Brazier, CitY Council ADOPTED: Ordinance . ACCFPT nd APPROPRIATE $1,314 from the State Divi,ion of Medical Ser,ices Two-For-Life Program re purchase of classroom chairs for the Emergency Medical Training Center. Voting: 11-0 Council Members Voting Aye: John A. B,,m, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold u eigne, Reba S. Heischober , Louis R. Jones, Pa 1 J. Lant McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,314 FROM THE STATE DIVISION OF MEDICAL SERVICES TWO-FOR-LIFE PROGRAM FOR THE PURPOSE OF PURCHASING CLASSROOM CHAIRS FOR THE EMERGENCY MEDICAL TRAINING CENTER. 1 WHEREAS, the State Division of Emergency Medical Services provides 2 funds from the Two-For-Life program, known as the Rescue Squad Assistance fund 3 for the purpose of providing financial aid to volunteer rescue squads, in order 4 that they might purchase equipment, supplies, and services; 5 WHEREAS, the Virginia Beach Department of Emergency Medical ServiceB 6 (EMS) has received an additional $1,314 in funds from the State Two-for-Life 7 program for FY 1991-92 which must be used for the EMS program in Virginia Beach; 8 WHEREAS, the Department of Emergency Medical Services will use the 9 additional funds to purchase classroom chairs for the EMS Training Center. 10 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, that $1,314 in additional funds from the State Division 12 of Emergency Medical Services be accepted and appropriated for the purpose of 13 purchasing additional classroom chairs for the EMS Training Center. 14 BE IT FURTHER ORDAINED, that the FY 1991-92 estimated revenue from 15 the Commonwealth be increased by $1,314 to reflect this additional Two-For-Life 16 funding. 17 Adopted by the City Council of the City of Virginia Beach, Virginia 18 on this day June 9 1992. TO L @-Y APMaD AS TO CO? l@N'T WALTERC.K@t(Ep.,.@R. OFRCE OF BUDGET ATID - 22 - Item 111-H.7. CONSENT AGENDA ITEM # 35704 Upon motion by Counci Iman Heischober, seconded by Counci Iman Brazier, City Council ADOPTED: Ordinance to TRANSFER $39,870 within the FY 1991- 1992 Police Department budget re acquisition of twelve (12) portable radios for the Resort Area. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO TRANSFER $39,870 WITHIN THE FY 1991-92 POLICE DEPARTMENT BUDGET FOR THE ACQUISIIION OF 12 PORTABLE RADIOS 1 WHEREAS, the Police Department, in order to provide additional police 2 coverage, is transferring patrol officers to the resort area during the summer 3 months, these officers will require portable radios in order to maintain 4 communication with each other and dispatch; 5 WHEREAS, due to vacancies within the Police Department there is 6 funding available within various salary accounts to provided for the acquisition 7 of these radios. 8 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, that $39,870 be transferred from various salary 10 accounts within the Police Departments FY 1991-92 Operating Budget for the 11 purpose of acquiring 12 portable radios for use during the summer months at the 12 resort. 13 Adopted by the City Council of the City of Virginia Beach, Virginia 14 on this day June 9, 1992. Ar)PR,,OV;:D AS TO LEC-'@A!- NCY APPFtOVED ENT WALTER C. @ER, JR, OFFICE OF BUDGET AND EVALUATlOi4 - 23 - Item 111-H.8. CONSENT AGENDA ITEM # 35705 Upon motion by Counci Iman Heischober, seconded by Counci Iman Brazier, City Council ADOPTED: Ordinance to TRANSFER $26,779 to the Tax Exeffption Program for the Elderly and Disabled from the Reserve for Contingencies. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $26,779 2 TO THE TAX EXEMPTION PROGRAM FOR THE ELDERLY AND DISABLED 3 FROM THE RESERVE FOR CONTINGENCIES 4 WHEREAS, the City of Virginia Beach continues to assist qualified elderly 5 and disabled persons by providing real estate tax relief, 6 WHEREAS, FY 1991-92 had 185 additional qualified persons apply for real 7 estate tax relief, 8 WHEREAS, an additional $26,779 is needed above the available FY 1991-92 9 Operating Budget appropriation for tax relief in order to fully meet payments 10 for all qualified elderly and disabled persons, 11 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA, that fundb in the amount of $26,779 be transferred from the General 13 Fund Reserve for Contingencies to the Tax Exemption Program. 14 ThiB ordinance shall be effective from the date of its adoption. T WALTER C. KMF-MER. JR. OF BUDGET AND EVALT)ATION - 24 - item 111-H-9. CONSENT AGENDA ITEM # 35706 Upon motion by Counci I man Hei schober, seconded by Counci I man Brazi er, CitY Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of City-owned property known as the waters of Lake Wesley to F. Wayne and Faye E. McLeskey re eight (8) proposed finger piers and forty-three (43) mooring piles (LYNNHAVEN BOROUGH)- The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the city harmless of any liability as a result of the encroachrwnt. 3. The owner agrees to maintain said encroachment so as not to becom unsightly or a hazard. 4. The owner must obtain an approved waterfront permit. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I AN ORDINANCE TO AUTHORIZE A 2 TENPORARY ENCROACHMENT IN TO A 3 PORTION OF CITY-OWNED PROPERTY IN 4 LAKE WESLEY, F. WAYNE MCLESKEY, JR. 5 AND FAYE E. MCLESKEY, THEIR HEIRS, 6 ASSIGNS AND SUCCESSORS IN TITLE 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That pursuant to the authority and to the extent thereof 10 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 11 F. Wayne McLeskey, Jr. and Faye E. McLeskey, their heirs, assigns 12 and successors in title are authorized to construct and maintain a 13 temporary encroachment into the city-owned property in Lake Wesley. 14 That the temporary encroachment herein authorized is for 15 the purpose of constructing and maintaining a marina and related 16 improvements (the "Marinall) and that said encroachment shall be 17 constructed and maintained in accordance with all applicable laws, 18 rules and regulations of the United States, the Commonwealth of 19 Virginia, and the City of Virginia Beach and in accordance with the 20 City of Virginia Beach Public Works Department's specifications as 21 to size, alignment and location, and further that such temporary 22 encroachment is more particularly described as follows: 23 An area of encroachment lying east 24 of a line running between Point C 25 and Point D as shown on that certain 26 plat entitled: "PHYSICAL SURVEY OF 27 PROPERTIES OF F. WAYNE MCLESKEY, JR. 28 AND HERBERT GLENN GRAY & DELORES D. 29 GRAY AND THE VIRGINIA BEACH EROSION 30 COUNCIL LYNNHAVEN BOROUGH VIRGINIA 31 BEACH, VIRGINIA FEBRUARY 14, 1989 32 SCALE 111=50111 prepared by Langley 33 and McDonald and recorded in the 34 Clerk's office of the Circuit Court 35 for the City of Virginia Beach, 36 Virginia, in map Book 190, at page 37 32, to which reference is made for a 38 more particular description. 39 PROVIDED, HOWEVER, that the temporary encroachment herein 40 authorized shall terminate upon notice by the City of Virginia 41 Beach to F. Wayne McLeskey, Jr. and Faye E. McLeskey, their heirs, 42 assigns and successors in title and that within thirty (30) days 43 after such notice is given, the temporary encroachment shall be 44 removed from the City, s property bY F. Wayne McLeskey, Jr. and Faye 45 E. MCLeskey, and that F. Wayne Mcleskey, Jr. and Faye E. McLeskey, 46 their heirs, assigns and successors in title shall bear all costs 47 and expenses of such removal. 48 AND, PROVIDED FURTHER, that it is expressly understood 49 and agreed that F. Wayne MCLeskey, Jr. and Faye E. McLeskey, their 50 heirs, assigns and successors in title shall indemnify and hold 51 harmless the City of Virginia Beach, its agents and employees from 52 and against all claims, damages, losses and expenses including 53 reasonable attorney's fees in case it shall be necessary to file or 54 defend an action arising out of the location or existence of such 55 encroachment. 56 AND, PROVIDED FURTHER, that the party of the second part 57 agrees to maintain said encroachment so as not to become unsightly 58 or a hazard. 59 AND, PROVIDED FURTHER, that this ordinance shall not be 60 in effect until such time that F. Wayne McLeskey, Jr. and Faye E. 61 McLeskey execute the attached encroachment agreement with the City 62 of Virginia Beach encompassing, but not limited to, the 63 aforementioned provisions. 64 Adopted by the Council of the City of Virginia Beach, 65 Virginia, on the 9 day of June 1 1992. APPRoVED AS TO CONITE@ITS 66 CA-4695 67 (ordin\noncode\mclesk.ord) 68 R-1 "ITI@ D@@'P,RTME',,!' AP,DRC),,/E@' AS T:--) LEGAL SU',7FICIE@'IC@ AND @ORM 2 8043401255 -TUN- 4-9:2 THU 12zlar- M@IESKEY ASSOCIATES P-0:2 THIS AGREEMENT, Made this day of-h.944's 1992, by and between the CITY OF VIRCINIA BEAC@VIRGINIA, a zunicipal corporation, (Grantor) , party o: the first part, and P. WAYNE MCLESKEY, JR., and FAYE E. MCI.ESKZY, their heirs, assigns and successors in title, (Grantees) parties of the second Part. That, WHE.R@, it is proposed by the parties or the second part to constru@.t and maintain a marina and related iiAprovement3 ( ttie I'marinall) in the City of Virginia Beach; and WHFREAS, in coiistructing and 'Maintaining the marina and related improvements, it is necessary that the said parties of the second part encroach into a portion of City property located within Lake weslay (the locityls prop-ortyll): WH.EREAS, said ;)arties of the second part have requested that the party of the first part grant a temporary encroachment to permit the construction and maintenance of the marina Within a portion of the City's property. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the parties cf the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the firr-t part, receipt of which is herdby acknowledged, the party of the first part doth grant to the parties of the second part a temporary encroachment to use a portion of the City's property for the purpose of constructing and maintaining a marina. It is expressly understood and agreed that such temporary ancroachinent will be constructed and maintained in accordance with the applicable laws, rules and rec lations of .ru the United States, the Commonwealth of Virginia and the City Of Virc_rinia Beach, and in accordance with the city of Virginia Beach Public Works Departmezit's specifications and approval as to alignme:it and location aiid is more particularly described ar. follows, to wit: An area of encroachment lying east of a liiie running between Point C and Point 0 as shown on that certain plat entitled: "PHYSICAL SURVEY OF PROPERTIES OF F. WAYNE MCLPSKEY, JR. AND HER%BERT GLENN GRAY & DELORES D. @Y AND THE VIRGINIA BEACH EROSION COUNCIL LYNNHAVEN BOROUGH VIRGINTA BEACH, FEBRUA.RY 14, 1989 SCALE VIRGINIA 11'-$Ollf prepared by Langley and McDonald and recorded in the Clerkle Office of the Circuit court for ttie City of Virginia Beach, Virginia, in Map Book 190, at page 32, to which reterence is made for a more particular desoription. it is further expressly understood and agreed that if the party of the first part deems it necessary or appropriate to dredge, spoil and/or otherwise maintain Lake Wesley, the temporary encroachment herein authorized may be interrupted upon writteii notice by tbe City of Virginia Beach to the parties of the second pdrt, and within thirty (30) clays after such notice is given, tbe temporary encroachment shall be removed from the City's above-describc-,d property by the parties of the recond part, and that the parties of the seoolid part shall bear all 2 costs and expenses of such removal. Following removal of the tempor@try encroachment, the parties of the second pal-t shall hav the riglit to restore &uCh improvements to their origina: configuration following the compit-,tioii of the maintenance and/or dredging (or spoiling) of Lake Wesley or the maintenance of the channel by the city or its agents. Xt is further expressly understood and agreed that the parties Qf the second part shall indemnify and hold harmless the City f Virginia Bach, its agents and employ(ti-ts, from and against all claims, darages, losses and expenses including reatonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the tenporary encroachment. It is further expr(-irsly understood ind agreod that nothing herein contalined shall be construed to enlarge such permission and authority to permit tho maintenance or constriiction of any encroachment other than that specified herein and to the limited extent specified btrein, nor to permit the maintenance and construction of any encroachment by anyone other than the parties of the sooond part, their heirs, assigiis and successors iTi tit3.e. It is further expressly understood a.,id agreed that the parties of the second part agrcg to maintain said encroa@ent so as not to become unsightly or a hazard. Xt is further expressly understood aid agreed that the parties of the second part's rights under this Agreement shall 3 not includl, the right to ronstruct any improvements, which extend into the City channel, as shown on those certain plans entitled f'RUDEZ INLET CHANNEL LINES" revised April 21, 1992, which plan. are on file in the Office of the City Engineer and incorporated by reference thereto, or the right to dock any vessel so that any part of it extends into the above-defined channel. Tt is further expressly understood and acj;eed that the' parties of the seoond part shall, at their expense, and for the benefit of both parties, inaintain a policy of general liability insurance in an ainount of not less that One Millions Dollars ($1,000,000) co@ined single limit. Such policy shall name the party of the first part as ari additional insured and the parties of the second part shall forward to the city such policy or a certificate oe insurance evidencing the policy. It is further expressly understood and agreed that before begiining any construotion oii the City's property the parties of the second part shall submit for review and approval, such approval not to be unreasonably withhold or delayed, a survey of that portion of the City's property being encroached on, cartified by a professional ancjincer, and/or "as btiiltll plans of the encroachment, if required by either the City Engineer's Office or the Engineering r)ivision of the @lic Utilities Departinent. It is further expregs'Ly understqod aiid agreed that the party of the first part, upon revocation or interruption of tbe authority and per-mission granted by this Agreement, may remove 4 -TUt4- IHU - - - - - - - any such encroachment which has not been removed within the 30- day period set forth above and charge the cost thereof to the parties of the second part, aiid coll,ect the cost in any manner provided by law for the collection of local or state taxes; raay require the parties of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the parties of the second part compensation for the use of such portion of the City's property encroachad on the equivale,,it of wbat would be the real property tax upon the land so occupted if it were owned by the parties of the second part; and if such reldoval shall not be made within the time ordered hereJ.nabove by this Agreement, the City may impose a penalty in the sun of One Hundred Dollars ($100.00) per day for each and every day that suc,.h ezicroachment is allowed to continue thereafter, and may collect suob compensation and penalties in any manner provided by law for the collection ot local or state taxes. It it. fxirther expressly understood ana agreed that anything to the contrary in this Agreement notwithstanding, each party retains, with respect to the property of each, all rights and estates, 1"al, equitable or otherwise, acquired before the effective ddto of this Agreement and, by virtue of the execution of this Agreement, ne:ither party waives, releases or relinquishes any such rights and estates, all ot which are specifically preserved to the parties. 5 -TUt,4- -rHU 1 2 N-L.ESKEY & AS SO C I AT e@ p - 0 zs Tt is furth(.,r expressly uriderstood aild agregd that 11 l,loti-%Ing iri rt,tir, Agreement rhall be construed to limit or WaiV6 City,.-4 li(jilts cat forth in SS 33-113.1(f) of the city cods. IN WTTNESS WHEREOF, F, Wayne MoLezkey, Jr. and raye B. the said p-Arties of the second part have cau@ood this to be executed by their signatures and seals duly NE f'i x,ed, FurLtier, that the City of Virginia Beach has caused thj.s to be executed iii its nime and on its behalf by its Cli-,y M;iri.i,:I(,ir and its seal be hereunto affixed and attested by itf; City C:I(Irk. CITY OF VIRGINIA BEACH 13Y City Manager/Authorized Designee of the City Manager AT,rE:,T: R u t ii-TO71@4 -giW'L i@, t C ik 'r. wV e McLeskey, (SEAL) k ra e E. McLes ey6 CI'I'Y OF VTRGINIA BEACH, to-wit: a Notary ili@blic in aid ft@r the City and State aforesaid, do hereby certify thit city manager/Authorized city Manager, c)n behalf of the City of Virginia nallie is sicjned to the foregoing Agreement bearing cl,.,jte on t.@iii day of 1992, has acknowledged th-- s-iinc@ I)efore me in my City and State aforesaid, Givt:N uiider zkty hand this - day of e) Nota My !ITATF 01-' VLJ(tlr.NTA (:TI'Y @.)F '@Tr(GLNIA BBACH, to-Wit; :L a Notary Publ ic in kt:i@i ror @he City and State aforesaid, do hereby certify that RU'I'li S141TH, City Clerk for t)ae City of Virginia Beach, whorc, zickitie i:; t-igned to the foregoing Agreezaent bearing date on the tiay of 1992, has acknowledged the salbe bcrorft Me iii my city and State &foresaid. (;I%'FN under my hand this day of 199'. Not@ Ptibi -zc my cominizx!-,ioii Expires: STA'I'L' OF Vrit(:,LNIA -wit: to a Notary Public in Atlei for t'.11(i (,ity and State aforesaid, do hereby certify that F.WAYNE FCLESKEY, TR., whose name is signed to the foregoing 7 IHU 1 :12 N-L-ESKEY e. A soc I A-FES F-. -, cts3.4 TI-L: k,,A Ei:ll th, day Of writing, bearing date 1902, has acknowledged the same before MO in zy city and state @d. aforesa,@ y hand thi-S 14 d4y of r,i.ven under m 1992. My Commission Expirg5: STAT'S OF VIRGINIA CITY OF to-wit: a Notary Public by cortify that in and for the city and StatQ aforesaid# do here FAYE E. MCIZSxEy, whose name is signed to the foregqing writing, 1992, has t the t4 day of bearing da a acknowledged the same before me in my city and State aforesaid. i, Ll 1/2t@ Civen under tly hand th day of ;n@ 1992. Not@ Public i4y comnission Expires; AppROVED AS TO CONIENT ASTO tIT - 25 - Item 111-H.10. CONSENT AGENDA ITEM # 35707 Upon motion by Counci iman Heischober, seconded by Counci Iman Brazier, City Council APPROVED: LOW BID with advance notice to proceed: HENDERSON, INC. Refuse Collection/ $885,000.00 Garage Facility Phase I - CIP 3-989 Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan* Council Members Absent: None *Verbal Nay - 26 - Item 111-H.11. CONSENT AGENDA ITEM # 35708 Upon mtion by Counci Iman Heischober, seconded by Counci Iman Brazier, City Council ADOPTED: Ordinance authorizing special tax refunds in the amount of $3,486.71 upon appl ication of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Par-ker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None -FUN S J\ii olll)ltlAfiCr@ AU-J'IIORI.Zlt4G SPECIAL TAX R]&D ilpoti APPLICATTON OF CERTAIN PERSOVS AND UPON CERTIFICATIOti OF' TEIE COMMISSIONEII OF TIIE REVI;NUE BE 1T ORDAItlEl) BY T[ig COUNCIL OF TIIE CITY OF VIRGItIlA BEACII, VIRGINIA: Tliat Llie fol.low.1119 applicatlofis for special tax refulids, ilpoll certificatioli of tile Conunissioiier of tlie lievetiiie are liereby approved: Tax I)ate NAMZ Yeal- paid Base PeiiiI.Ly lilt. ToLal 30th street Venture Corp. 1989 Tax overpaid $1,121.77 $1,121.77 T/A 30th Street Mini Golf 1990 941.93 941.93 932 Laskin Rd. 1991 918.50 918.50 Virginia Beach, VA 23451 AL @AID $2,982.20 Pres. mr. Edmond @ffin Certified as to PaYmel)t: Coinmissiorier of Approved as to forili: f. c Tliis ordinaiice sliall be effective froin date of adoption. The above abateinent(s) totaling $2,982.20 were approved by tlie Council of the City of Virginia Beacti oil the19 day of June 19 92 Ruth liodges Smitil City Clerk - 27 - Item 111-H.12. CONSENT AGENDA ITEM # 35709 Upon motion by Counci I man Hei sc hober, seconded by Counci I man Brazi er, Ci ty Council ADOPTED: Ordinance authorizing tax refunds in the amount of $1,313.53 upon appl ication of certain persons and upon certification of the City Treasurer tor Payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Cl yburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None RM NO. C.A. 7 5/ 22/ 92 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Da!e Penalty I nt. Total Year of Tax Number tion NO. p a id Harold G & Vivian Marshall 92 RE(1/2) 71733-4 11/7/91 34.62 Elizabeth H. Abbitt 92 RE(2/2) 78-6 1/30/92 106.98 Norman & Gloria Hecht 92 RE(1/2) 50013-9 12/2/91 119.27 Roman & Caroline Hales 92 RE(1/2) 122754-9 2/6/92 112.23 Smink & Scheuermann 92 RE(1/2) 27617-7 11/20/91 50.97 PNC Mortgage Servicing Co 92 RE(1/2) 52-6 12/5/91 26.44 PNC Mortgage Servicing Co 89 RE(1/2) 88053-5 12/5/88 14.57 PNC Mortgage Servicing Co 89 RE(2/2) 88053-5 6/5/89 14.57 PNC Mortgage Servicing Co 90 RE(1/2) 89108-5 12/5/89 25.27 PNC Mortgage Servicing Co 90 RE(2/2) 89108-5 6/5/90 25.27 PNC Mortgage Servicing Co 91 RE(1/2) 89757-8 11/26/90 26.24 PNC Mortgage Servicing Co 91 RE(2/2) 89757-8 6/4/91 26.24 PNC Mortgage Servicing Co 92 RE(1/2) 90242-8 12/5/91 27.71 PNC Mortgage Servicing Co 89 RE(1/2) 70327-3 12/5/88 20.59 PNC Mortgage Servicing Co 89 RE(2/2) 70327-3 6/5/89 20.59 PNC Mortgage Servicing Co 90 RE(1/2) 71521-2 12/5/89 26.87 PNC Mortgage Servicing Co 90 RE(2/2) 71521-2 6/5/90 26.87 PNC Mortgage Servicing Co 91 RE(1/2) 72726-2 11/26/90 28.38 PNC Mortgage Servicing Co 91 RE(2/2) 72726-2 6/4/91 28.38 PNC Mortgage Servicing Co 92 RE(1/2) 73339-8 12/5/91 29.97 Resort Satellite Comm Inc 91 RE(2/2) 94888-0 1/18/91 39.02 RMH Inc 90 RE(1/2) 12455-6 12/5/89 429.84 Cityfed Mortgage Co 89 RE(1/2) 73369-6 11/30/88 8.23 Cityfed Mortgage Co 89 RE(2/2) 73369-6 6/5/89 8.23 Cityfed Mortgage Co 89 RE(1/2) 74533-2 12/1/89 8.80 Cityfed Mortgage Co 89 RE(2/2) 74533-2 5/8/90 8.80 Cityfed Mortgage Co 91 RE(1/2) 75795-1 11/26/90 9.29 Cityfed Mortgage Co 91 RE(2/2) 75795-1 6/5/91 9.29 Total 1,313.53 This ordinance shall be effective from date of adoption. Thgp C as to pay ,@vg.g@ateme.nt(s) totaling m .,ere approved by the Council of the City of Virginia Beach on the@ day of June 1992 -- - JohIT. Atki4so6,-Treasurer Approved as to form: Ruth Hodges Smith City Clerk L@,.@.-LillZy-Cit-yAbornev I - 28 - Item 111-H.13. CONSENT AGENDA ITEM # 35710 Upon motion by Counci I man Hei sc hober, secon d ed by Counci I man Brazi er, Ci ty Council ADOPTED: Ordinance authorizing license refunds in the amount of $6,883.38 upon appl ication of certain persons and upon certification of the City Treasurer for Payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FORM NO. Ck 0 FIEV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penafty lnt. Total Year Paid Virginia Beach Heart Institute 1080 First Colonial Road, S-204 Virginia Beach, VA 23454 1988-91 Audit 3,436.25 3,436.25 Attn: Valerie Butt Wheeler, Vincent R. 1988-91 Audit 30.00 30.00 2256 Rock Lake Loop Virginia Beach, VA 23456 Whitehead, Parniya S. 1990-91 Audit 28.71 28.71 T/A Executive Computer Training & Consult. 340 Bartell Drive Chesapeake, VA 23320 Certified as to Payment: @obert P. Vau-gh@ Commissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 3,494.96 were approved by the Council 9 June 92 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk MRM NO. CA 8 REV, 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Seaspray Investments, Inc. 1990 Audit 83.20 83.20 2005 Lone Pine Road Virginia Beach, VA 23454 Simplex Time Recorder Co. 1990-91 Audit 1,081.83 1,081.83 Simplex Plaza Tax Dept. Gardner, MA 01441 Stolle, Edward S. 1988-91 Audit 13.65 13.65 2236 Kendall Street Virginia Beach, VA 23451 Certified as to Payment: Commissioner of the Revenue Approved as to form: @esli-e L. Lil Ey City AttornE This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,178. 68 were approved by the Council of the City of Virginia Beach on the9 June 92 - day of 19 - Ruth Hodges Smith City Clerk FORM NO. C.k 8 FIEV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Amusement of America Inc. T/A Amusement of America 1991 3/24/92 200.00 200.00 37A Federal Road Englishtown, NJ 07726 Baton, Joseph A. 1990-91 Audit 30.86 30.86 1024 Reon Drive Virginia Beach, VA 23464 Bouldens, Inc. 1990-91 Audit 57.75 57.75 T/A Bouldens Wilderness Sports 724 Kempsville Road Virginia Beach, VA 23464 Certified as to Payment: @obert P. Vaugh'@ Commissioner of e Revenue Approved as to form: L@ie,t. Lilley- City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 8 2SR, 61 were approved by the Council 9 June 92 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk FORM NO. C.& 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penafty lnt. Total Year Paid Cantieri, Thomas B. 1990-91 Audit 129.77 129.77 2 Koger Center Suite 2 Norfolk, VA 23502 Citico@p Mortgage, Inc. 1991 Audit 1,424.84 1,424.84 P. 0. Box 27332 MS22 St. Louis, MO 63141 Dbtson, Richard F. 1990-91 Audit 64.43 64.43 T/A Around The Clock Construction 1125 Snowbird Lane Virginia Beach, VA 23454 Certified as to Payment: Commissioner of the Revenue Approved as to form: @slie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1 .61 9. 04 were approved by the Council of the City of Virginia Beach on the9day of June 1992 Ruth Hodges Smith City Clerk FORM NO. C.& 8 FIEV. 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 CrrY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Drahun, Inc. 1991 Audit 168.78 168.78 T/A Technical Services 820 Greenbrier Circle #9 Chesapeake, VA 23320 Lynnhaven Office Supply Inc. P. 0. Box 2066 1990-91 Audit 66.99 66.99 Virginia Beach, VA 23450 Old Dominion Security, Inc. P. 0. Box 284 1989-91 Audit 66.32 66.32 Harnpton, VA 23669 Certified as to Payment: Commissioner of the Revenue Approved as to form: @sge L. Lilley- City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 302. 09 were approved by the Council of the City of Virginia Beach on the9day of June 19 92 Ruth Hodges Smith City Clerk - 29 - Item 111-I.a. ORDINANCES ITEM # 35711 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City Council ADOPTED, as REVISED: Ordinance to AMEND and REORDAIN Chapter 24 ot the Code of the City of Virginia Beach, Virginia, by adding a new section 24-6 pertaining to the use of public parks. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None TO I AN ORDINANCE TO AMEND AND 2 REORDAIN CHAPTER 24 OF THE CODE 3 OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, BY ADDING A NEW 5 SECTION 24-6 PERTAINING TO THE 6 USE OF PUBLIC PARKS 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Chapter 24 of the Code of the City of Virginia Beach, 10 Virginia, is hereby amended and reordained by the addition of a new 11 Section 24-6, which shall read as follows: 12 Section 24-6. use of Public Parks for clatherings of five 13 hundred or more persons. 14 (a) Permit reguired. No Person shall hold, orcranize, or 15 sponsor any assemblage or gathering having more than five hundred 16 (500) persons in any Public park unless a permit therefor has been 17 granted by the city. This permit shall be in addition to any other 18 Permit that may be reauired by federal, state or local law. 19 (b) Application: contents and Fee. An application for any 20 Permit reauired by this section shall be made to the city manager 21 or his designee, accompanied by a non-refundable processing fee of 22 seventy five dollars ($75.00). The aipplication shall be submitted 23 not less than forty five (45) days and not more than six (6) months 24 prior to the date of the Proposed event, and shall contain the 25 following information, utilizing a form T)rovided by the city 26 manager: 27 (1) The name of the park: 28 (2) The nature, date and duration of such assemblage 29 or gathering; 30 (3) Provisions for sanitation facilities, crowd, 31 noise and traffic control, and parking; 32 (4) The designation of an individual or individuals 33 who shall be responsible for ensuring compliance 3 4 w 3 5 conditions of fhA n ... 44-- .-A 36 (5) Such othpr as may reas ably be 3 7 reciuired bv th. @ii-,, 38 -(c) Appli ation: Submission and 3 9 (1) - A comuleted annii-,i-i-- shall be p ocessed and 40 either granted , 41 than thirtv tini P-llowinCF receidt 42 shall bp- in wril-i@- 43 granted, or reasons for (ipnial T),- I, 44 to the annlinnnt- -+. 4-),- , lication. 45 (2) If an annii,-.i-i-@4 itted less than fort 46 47 desicinee Tnav m.,i if,, i-h- -of p 48 a demonst-rai-i@- h,, +-t,- -nplicant, in es 49 sed event riil @@i- e 50 scribed. 51 (d) Permit avy 52 (1) 53 54 (i) able 55 traffic dversely 56 affect 57 welfarei- 58 (ii) Is for. a nonIRrofit and noncommercial 59 Purpose; and 60 (.i sive o re e the use 61 of su 0 62 unr se 63 or uses 64 intended, 6 5 0 0 eet an e 66 6 7 68 d 2 69 shall be entitied a 70 71 (31 If a permit is denied becau 72 a nark ig An Pv+.n.i,,. -- ortion thereof 73 as will 4-4- s for 74 which sunh nn@k i- A-@;--ed or intende ouncil may. in 75 he city manager to a rmit, 76 subier-t t-n .@,,h s the citv r-niinril -.,, I-em 77 DrODer. No Pii,-h t 78 udon t)ublir- nnt-i@. nl t,.. -shall be ication 79 at least onr-p i@ 80 not less than 0 81 the hearina and h@ a s n the 82 prouosed nlana @f n e 83 84 (e) 85 86 87 ks an tio 88 (2) 89 d 90 e 91 92 93 t-. 94 (i) In additiOn'@'tO the non-refundable it 95 fee se 96 ]Ra 97 such 98 adminis 99 such use, not to exce 100 incurred by the city: 101 ritv 102 personn 3. 103 (iii) The iposting of a iperformance bond or other 104 surety securinct ipayment of the aforesaid 105 fee and compliance with any conditions of 106 the permit; 107 (iv) Proof of liability insurance underwritten 108 by insurers acceptable to the city, 109 indemnifying the applicant against any 110 perils, suits, claims and losses which may arise in connection with the proposed 112 activity. Such coverage shall be in 113 amounts consistent with a standard schedule 114 approved by the city manager, based upon 115 risks associated with each type of event, 116 in consideration of anticit)ated attendance. 117 (V) A limitation upon the number of Persons who 118 may assemble in the requested area; 119 (vi) Designation of an area compatible with 120 anticipated crowd size and Proposed 121 activities; 122 (vii) Such other reauirements for snecial events 123 as set forth in sec his code. 124 (f) Exceptions for expressive activities: 125 (1) Liability insur it fee 126 and administrative cos 127 securitv ner rking attendants shall 128 not be requir@.d for an non-commercial cratherina 129 held f or ipury t u on 130 demonstration )licant is 131 financialiv -F- he costs of such fees 132 and services and that the riclht to enciacre in 13 3 expres ive a,@tivity would nably 134 curtailed by f Lrements; 135 Provided. tha-@ insurance may be reauired for 13 6 c llateral aqt-iv-ities such as food service and 4 137 the use of structures and eauit)ment which present 138 a demonstrable risk or hazard. 139 (2) Upon demonstration that the enforcement of the 140 limitation provisions of subsections (b) and (c) 141 would unreasonably restrict the right of free 142 expression, the city manager shall waive the time 143 iprescribed for advance notice of an event and 144 impose only such iprovisions as will not 145 unreasonably restrict the element of timeliness 146 of the expressive activity, 147 (3) For purposes of this section, expressive activity 148 shall include a Public gathering, procession or 149 iparade, the Primary Puripose of which is the 150 exercise of the rights of assembly and free 151 speech as guaranteed by the First Amendment of 152 the Constitution of the United States. 153 Revocation. 154 (1) The city manager or his designee shall have the 155 authority to revoke any Permit Previously 156 granted: 157 (i) For violation of any of the Provisions of 158 this section or anv condition of a permit: 159 For any material misrepresentation, 160 intentional or otherwise, made on or in 161 connection with the application: or 162 (iii) When otherwise reguired in order to Protect 163 the Public health, safety and welfare or 164 for environmental considerations. 165 (2) In the event a Permit is revoked, the city 166 manager or his designee shall so notify the 167 st)onsor, or the individual designated pursuant to 168 subsection (b)(4). who shall cause the gathering 169 or assemblage forthwith to leave the Park at 170 which the event is held. 5 171 (h) Administration. The city manager may designate one or 172 more officers or employees of the city to administer the provisions 173 of this section. 174 (i) Violation. Any lperson who shall violate any 13rovision of 175 this section shall be guilty of a Class I misdemeanor. 176 Adopted by the Council of the City of Virginia Beach, Virginia 177 on the 9 day of June 1992. 178 CA-4213 17@9 ordin\proposed\24-006.pro 180 R-26 6 - 30 - Item Iii-I.b. ORDINANCES ITEM # 35712 Upon motion by Vice Mayor Fentres s, seconded by Councilman Clyburn, City Council ADOPTED: ordinance to AMEND and REORDAIN Section 4-1 and ADDING Section 4-1.1 of the Code of the City of Virginia Beach, Virginia, pertaining to permits to conduct special events. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None APPRO'@"-) I AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 4-1 AND ADDING SECTION 4-1.1 3 OF THE CODE OF THE CITY OF VIRGINIA 4 BEACN, VIRGINIA, PERTAINING TO 5 PERMITS TO CONDUCT SPECIAL EVENTS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 4-1 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained and Section 4-1.1 is 10 added to read as follows: 11 Section 4-1. Paguit for outdoor musioal entertaiment OL- 12 feati%-als. Permit for special events. 13 (a) tie persen shall eenduet a musieal ei- enteL-tainmefkt-- 14 f-estival, et- ethel-wise ef-f-ei- live ei- L-eeeL-deel musieal enteltai 15 #er publie er private auelienee, in ether than a f-ully enelesed 16 building, witheut first obtaining a pemit se te de frem the 17 faanager. 18 (b) Any perben desiring te ebtain a pemit required by th" 19 seetien sliall ma!Ee appileatien thei-ef-eL- te the eity namager- e 20 designated L-epr-esentative, setting f-erth the felle%iinej inf-ar-mat' 21 (1) The plaee and duratien ef the- 22 pi-eposed f-estival or eutdeel- fausiea! 23 entertainment, inelud!nej heUL-B e -f- 24 perfarmanee. 25 (2) Adequaey ef leudspea!Eel- eentrel, se- 26 as te prevent leud 2 7 vielatien ef seetion 23 4q ef this- 28 eade. 29 Any applieant net appr-epr-iate 30 bub!ness lieense shall alse previde the f-alleifing 31 additi6nal infematient 32 (3) PreviBiens fer eveicd eentrel, tlaffie eentral 33 and par!Eing. 34 (4) Preyielens fer sanitatien faeiiitieb. 35 (e) Upen determination tha:t the Lequi:reiaents ef- this seetien 36 have been vaet, the eity iaanaejer shall, ne inere than thirty (@ 37 days af-tel, ieeeipt ef the appileatien, issue a pemit f-eL- the- 38 dul-atien ef the f-estival or, in the ease ef- any ethei- eutdeer 39 musieal entertainment, fer a peried net te eifeeed ene (1) year- 40 'Phe eity vaanager ieay, beeause ef any inisrepresentatien, failu 41 eeinply with :the previsions ef this seatien er deviatien frein the- 42 inethed ef eperatien deseribed in the applieatien, deny an!.F 43 applieation er reve!Ee afk 44 (d) PI-jel- 42-S F-]P-Flii4l Rf- any applieatien, er reveeatien ef- any 45 per-mit, the appileant eL- pe@ttee shall be appi-ised ef the rease". 46 thei-ef-eL-e and shall be enti:tled to a heat-ing bef-eve the e@ 47 fftanaget- er his reprebentati-ve. Felleifinej atteh a hear-iniff en @ 48 ppl:i:eant ei- peimittee aejelrieved by the eleeisien ef- the- 49 eity manaejei- may i-equest L-@ew ef Bueh deeisien by the e@ 50 eeuneil, but shall, in the interim, abide by the deeisien. 51 (e) outdeer raub!eal entertainfftent at any private residenee,- 52 attended by fei#el- than f-ifty (50) peiBens, shall be e)tempt f-i-em 53 lieensing requireiaent ef this seetien, 54 ( f-) A vislatien of any pl-a-visien ef- this seetien sha!:L 55 eenstitute a Glass 1 misderaeaner. 56 (a) Events for which Permit recruired. No person or entity 57 s-hall hold, organize or sponsor any of the following events or 58 activities unless a permit therefor has been granted by the city: 59 (1) Parades, processions, marathons, bicvcle races and 60 other events utilizing the sidewalks or vehicular 61 travel Portion of city streets and highways, or the 62 boardwalk. 63 (2) Carnivals, bazaars and similar events which offer 64 such activities as amusement rides or devices, 65 games of skill, animal rides or exhibitions, food 66 concessions, and informal live entertainment. 67 (3) Outcloor festivalb or other musical entertainment 68 offering live or recorded music for public or 69 Private audiences in other than a fully enclosed 2 70 building, with the exception of outdoor musical 71 entertaininent at any private residence attended by 72 fewer than one hundred and fifty (150) persons. 73 Motion picture, video or broadcast television 74 productions, other than news media, involving the 75 staging of vehicles, ecruipment, Props or personnel 76 on public property, includincf buildings, streets 77 and sidewalks, or rectuiring the use of citv 78 ecruipment or services, or the RarticiRation of city 79 employees. 80 (5) organized scheduled contests and exhibitions held 81 on the sand beaches of the city. 82 (6) marine events, including any pre-scheduled 83 organized concentration of watercraft, involving 84 participants and/or spectators, of a comipetitive or 85 non-comt)etitive nature, which may interfere with 86 ordinary navigation or reguire supplementary 87 regulation by federal, state or city authorities. 88 (7) Scheduled races, exhibitions or other events 89 involving the operation of motorized vehicles of 90 any type. 91 (81 Scheduled gatherings of two hundred (200) or more 92 persons on any public property, other than parks. 93 (9) Activities or events recfuiring a variance from the 94 regulations for parks promulgated by the director 95 of Parks and recreation. 96 Apt)lication: Contents and Fee. An at)13lication for any 97 permit recfuired by this section shall be made to the city manager 98 or his designee, accomi3anied by a non-refundable processing fee as 99 provided in section 4-1.1. The application shall be submitted not 100 less than thirty (30) days nor more than six (6) months Prior to 101 the date of the proposed activity. An application for a malor 102 event held for two or more consecutive days shall be filed not less 103 t-han sixty (60) days nor inore than six (6) months before the first 104 date of the proposed activity, The application shall contain the 3 105 following iriformation- utilizing a form Provided by the city 106 manager: 107 (1) Description of the proposed activity. 108 (2) Date, time and location/route of proposed activity 109 and the anticir)ated number of participants and 110 spectators, ill (3) provisions for sanitation facilities, crowd, noise 112 and traffic control, Parking and loud speaker 113 placement, 114 (4) Food and beverages to be sold or distributed. 115 (5) The desicination of an individual or individuals who 116 shall be responsible for ensuring compliance with 117 the Provisions of this section and the conditions 118 of the permit. 119 (6) proposed eauipinent, vehicles, staging, bleachers, 120 shelters and electricity reguirements_ 121 (7) If revenue is anticipated to be generated by the 122 activity, the individuals or entity that will 123 benefit therefrom. 124 (8) Such additional information or assurances as the 125 city manager may rectuire. 126 (c) AvRlicatiOn: Submission and Rrocessinct recruirements. 127 (1) A completed application shall be Processed and 128 either granted or denied within a reasonable time 129 of receipt, but not more than thirty (30) days of 130 receir)t of any application reguiring sixty (60) 131 days advance filing or fifteen (151 days following 132 receipt of any al)plication requiring thirty (30) 133 days advance filing. Such decision shall be in 134 writing, setting forth the conditions of the 135 permit, if granted, or the reasons for denial. The 136 decision shall be provided to the applicant at the 137 address stated in the application. 138 (2) if an ant)lication is submitted after the filincf 139 deadline set forth in subsection (a), the city 4 140 manager or his designee may modify the recfuireinents 141 of subsections (a) and (b) upon a demonstration by 142 the applicant, in writing, that circumstances 143 giving rise to the proposed event did not 144 reasonably allow the apt)licant to. a'DI)lv for a 145 permit within the time Rrescribed, 146 (d) Permit approval iprocess, 147 (1) The Permit shall be granted by the city manager if 148 the following conditions are met: 149 (i) Any proposed use of public Prop 150 right-of-way, or facilities will not 151 unreasonably interfere with the normal use 152 of the property, right-of-way or facility 153 by the city or the general public. 154 (iii The proposed activity does not Present a 155 safety or health risk to Particit)ants, 156 spectators or the Public, or an 157 environmental hazard. 158 (iii) The proposed activity is compatible with 159 the surrounding area or neighborhood, in 160 consideration of anticipated noise, 161 traffic, crowd capacity and other 162 identifiable factors. 163 (iv) The applicaht has Provided proof of 164 liability insurance underwritten bV 165 insurers acceptable to the city, 166 indemnifying the aPT)licant against any 167 perils, suits, claims and losses which may 168 arise in connection with the proposed 169 activity, Such coveracre shall be in 170 amounts consistent with a standard 171 schedule ay)proved by the city manager. 172 based ul2on risks associated with each type 173 of event, in consideration of anticipated 174 attendance. 5 175 (Vi city resources necessary to support the 176 proposed activity are reasonably 177 available, 178 (2) When the cirounds for anticipated denial of an 179 application can be corrected by altering the date, 180 time, duration, route or location of the event, the 181 city manacter or his desicinee inay conditionally 182 aipiprove the application, subject to the applicant'-s 183 acceptance of such conditions. Any conditions so 184 imposed shall Provide only for such modification of 185 the ar)i3licant's Rroposal as may be necessary to 186 achieve compliance with this section, 187 (3) Prior to the final denial of any application, the 188 applicant shall be apl?rised of the reason therefore 189 and shall be entitled to a hearing before the city 190 manager or his representative. 191 (e) Permit recruirements. The city manager or his designee 192 may impose, as conditions to granting a permit, such further 193 recruirements and restrictions as will reasonably Protect the public 194 health, safety, welfare, 13eace and order. Such conditions may 195 include, but are not limited to: 196 (1) The payment of a reasonable fee for the use or 197 allocation of city property, equipment and 198 personnel not exceeding the actual costs incurred 199 by the city in connection with the proposed 200 activity; and the Posting of a performance bond or 201 other suretv securing payment of such fee. 202 (2) The Provision of adeguate crowd and traffic 203 control, security, fire Protection, food handling, 204 waste and refuse disposal, and noise restrictions. 205 (f) Exceptions for expressive activities.. 206 (1) The reauirements for insurance and for payment of 207 fees for the use or allocation of city property, 208 ectuipment and personnel authorized by this section 209 shall not be imposed for any non-commercial 6 210 gathering, parade or procession held for purposes 211 of exr)ressive activity, upon demonstration, in 2 12 writing, that the applicant is financially unable 2 13 to I)av the costs of such fees and services and that 214 the right to engage in expressive activity would be 215 unreasonably curtailed by failure to waive such 216 reguirements; Provided. that insurance may be 217 recruired for collateral activities such as food 218 service and the use of structures and ectuit)ment 219 which present a demonstrable risk or hazard. 2 2 0 (2) Upon demonstration that the enforcement of the 2 2 1 limitation Provisions of subsections (b) and (cl 2 22 would unreasonably restrict the right of free 223 expression, the city manager shall waive the time 224 prescribed for advance notice of an event and 225 impose only such provisions as will not 226 unreasonably restrict the element of timeliness of 227 the expressive activity. 228 (3) For purposes of this section and of section 4-1.1. 2 29 expressive activity shall include any public 230 gathering, I?rocession or Parade, the primary 231 purpose of which is the exercise of the rights of 232 assembly and free speech as guaranteed by the First 2 3 3 Amendment of the Constitution of the United States. 2 34 Revocation or susr.)ension. The city manager, or his 235 designee, shall be authorized to revoke or suspend any permit 236 previously granted by him (1) for violation of any provisions of 2 37 this section or of anV condition of the permit; (2) for any 2 38 material misrepresentation, intentional or otherwise, made in 239 connection with the al2plication; (3) when weather conditions render 24 0 the subiect activity unsafe; and (4) when otherwise recfuired in the 241 interest of ioublic health, safety and welfare or environmental 242 considerations, In the event a permit is revoked or suspended, the 243 permittee shall immediately discontinue, or cause to be 244 discontinued, the activity for which the permit was granted, but 7 245 shall thereafter be entitled to a hearing concerning the revocation 246 or suspension decision as provided by subsection (d) (3). 247 (h) Duration, Any Permit granted under the provisions of 248 this section shall remain in effect for the duration of the 249 proposed activity; Provided, however, that any Permit for outdoor 250 musical entertainment granted to any restaurant or any 251 establishinent holding an on-premises license to sell alcoholic 252 beverages may be issued for a period not to exceed one (1) year. 253 (i) Other Recruirements. The grantinc[ of any i3ermit recfuired 254 by this section shall not eliminate any rectuirement for anv 255 business license, any other nermit(s) which may be prescribed by 256 any other federal, state or local statutes, ordinances, rules or 257 rec[ulations, or compliance with any other ai3plicable federal, state 258 or local statutes, ordinances, rules or regulations, 259 (1) Administration. The city manager may designate one or 260 more officers or e-mplovees of the city to administer the 13rovisions 261 of this section, 2 62 (k) Violation. Any person who shall violate any provision of 263 this section shall be quiltv of a Class 1 misdemeanor. 264 Section 4-1.1. Permit processing fee. 265 A non-refundable Processing fee, as follows, sball be 266 submitted with the completed application for a special event. 267 (a) Festival, art show or water event $150.00 268 held for two or more consecutive days. 269 (b) Parade, procession, inarch, footrace, $ioo.oo 270 bicvcle race, other event reguiring 271 closure of maior thoroughfare; 272 Continuing sport tournament 273 (season perm t); 274 Outdoor musical entertainment 275 (season Perm t). 276 (c) Water event, one day; $ 75.00 277 Contest or exhibition on sand beach; 278 Race, march or procession requiring closure or 8 279 traffic and Pedestrian control of boardwalk, 280 sidewalk or residential street: 281 Outdoor (tent) circus: 282 Large carnival (six (6) or more amusement 283 rides): 284 Motorized vehicle contest or exhibition; 285 coinmercial motion picture or television 286 produc io - 287 Musical or entertainment event on public property, 288 one day, 289 (d) Small carnival, bazaar, block party; $ 50.00 290 Outdoor inusical event or activity on 291 private property, 292 (e) No fee shall be reciuired to process a permit for a 293 scheduled public gathering not reauiring street closure, held for 294 non-commercial purposes, in exercise of the right of expressive 295 activity, 296 Adopted by the Council of the City of Virginia Beach, Virginia 297 on the 9 day of June 1992. 298 CA-4288 299 \ordin\proposed\04-00let.pro 300 R-18 9 - 31 - Item 111-1-c. ORDINANCES ITEM # 35713 Upon motion by Vice Mayor Fentress, seconded by Counci I man Clyburn, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 27-3 of the Code of the City ot Virginia Beach, Virginia, pertaining to fees tor police services. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 27-3 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 FEES FOR POLICE SERVICES. 6 BE IT ORDAINED BY TME CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 27-3 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 27-3. Authority of department to furnish copies of 11 records, perform certain services, etc., and fees 12 therefor. 13 (a) The department of police is hereby authorized to furnish 14 photostatic copies of accident reports and offense reports, 15 photographs of motor vehicle accidents (only after criminal charges 16 are disposed of by the court), to make record checks and reports 17 (local record only) , to take fingerprints of individuals on request 18 and to allow offense reports to be viewed by proper persons. 19 (b) For the services mentioned in subsection (a) above, and 20 for the processing of applications for permits required by law, the 21 following fees shall be charged: 22 (1) Photostatic copy of accident report ........ $ 10.00 23 (2) Photostatic copy of offense report ......... 10.00 24 (3) Copy of booking (mug-shot) photograph ..... 2.00 25 (4) Record check and report by name (local) .... 15.00 26 (5) Fingerprinting of individuals on request ... 10.00 27 (6) Pulling offense report to review only ...... 5.00 28 (7) Photographs (8 x 10) of motor vehicle 29 accidents, only after criminal charges 30 have been disposed of by court, 31 each print ................................. 10.00 32 (8) Process bingo permit application ........... 100.00 33 (9) Process raffle permit application ......... 50.00 34 (10) Dance hall permit application ............. 50.00 35 (9:3:) Bleele @9.90 36 (@1I)Turkey shoot permit application ........... 50.00 37 38 39 (15) GiL-eUS pe3m!:t appiieatiefi ................. 50. 00 40 (@12)Certificate for public convenience and 41 necessity ................................. 50.00 42 (@13)Precious metals permit .................... 25.00 43 (@14)Vendor permit ............................. 25.00 44 (@15)Concealed weapon permit ................... 50.00 45 (@16)Weapons purchase permit ................... 10.00 46 Adopted by the Council of the City of Virginia Beach, Virginia 47 on the 9 day of June 1992. 48 CA-4576 49 \ordin\proposed\27-003.pro 50 R-1 2 - 32 - Item 111-I.d. ORDINANCES ITEM # 35714 Upon motion by Vice Mayor Fentress, seconded by Counci iman Clyburn, City Council ADOPTED: ordinance to REPEAL Section 23-14.1 of the Code of the City of Virginia Beach, Virginia, pertaining to a public meeting. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None @,@ TO 1-@lEi\'CY 1 AN ORDINANCE TO REPEAL SECTION 2 23-14.1 OF THE CODE OF THE CIT7 3 OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO PUBLIC MEETING. 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 23-14.1 of the Code of the City of Virginia 8 Beach, Virginia, is hereby repealed. 9 10 permit 11 (a) Any pei-sen iiishin 12 demenstratien, addr-e j a tiie 13 1 4 estimated by the eity manaejer- iiithin any ef- the palle 15 pabl:ie reeL-eatieFial f-aeilities s e f- a- 16 similar natere under the eentrel ef the eity must ebtain a pe@it 17 thereter frem the eity inanager@ 18 (b) Any per-sen desi:r-inej 11 ma!Ee- 19 applieatien therefer te t 20 representatives setting terth the f-el:3:eiiing inf-ermatien@ 21 (3:) The publie paL-]E er- f-aeility, ee-1 22 publie meeting, gathering, demenstratien er 23 (2) Previsiens fer sanitatien faeilities. 24 (3) Adequaey ef- leadspealeei- eentr-el se as te pr-eve 25 disturbanee ef the surreunding neighberh 26 (4) Previs -ie' and 27 par-ieing. 28 (e) in additien te the abeve- eenEI4 manager, 29 befere granting sueh pe@t, shall dete@ne that the felle 30 ---re inet: 31 (1) That any sueh use se'-ely f-ei- a-nenprefit, 32 neneemmereiai, nenfund raising pai-peset and- 33 (2) That the publie health, safety anel iiel:f-ar-e shal:3 34 affeeted adversely by se 35 (3) That sueh use shal 36 with the primary u-se- er uses --y '.'e genera'- pub!4-e f-e-r- 37 ifhieh sueh was deaiejned. in thi:s 38 .-eEjai!d, ne pem--'- ---ued fer the use ef an!,F 39 40 fifteenth e# 41 As a ee 42 may: 43 44 faeilit. 45 eest in 46 47 paymen 48 aL-e vftet-- 49 (3) Requir-e the permi:ttee te earr-y pi-eper- ?ziabi:li:ty ifksalanee 50 in an ameunt and wi:th e e- 51 naming 52 i:ndemn 53 ;-4-pp--ide 54 whieh miejht arise in eenneetien with use, 55 i:Reg:'ad!REJ Pr-- -parati- 56 aets in eenn-eet@'-en er-ew-..h. 57 (e) T-he ei:ty manager- shall have thiity (90) days apen r-eeeipt 58 ef- an appli:eati:en f-ei, a perm 59 deny sueh pe@t. iiis deeisien shall be made in iir-. --@ te the 60 applj:eant se:ttinej f-er-t=h the eafiditiens ef- the permit if- 61 the speei:f-ie 62 Sueh .fL-i:tten deeisien shall be -he eit'F 63 elei-le. 64 Adopted by the Council of the City of Virginia Beach, Virginia 65 on the 9 day of June %1992 66 CA-4387 67 \ordin\proposed\23-014.1.pro 68 R-1 2 - 33 - Item 111-1.2.a/b ORDINANCES ITEM # 35715 The fol lowing spoke in SUPPORT ot the Ordinance to AMEND and REORDAIN Section 21-398: Rick Anoia, Windjammer Hotel , Phone: 428-0060, represented the Virginia Beach Hotel and Motel Association and the Resort Leadership Council. The fol lowing spoke in SUPPORT of the Ordinance to AMEND and REORDAIN Article XI of Chapter 21, pertaining to residential parking: Anne Henry, 506, 27th Street, Phone: 428-5962, Acting President of Old Beach Civic League. Barbara Yates, 302 and 318 24th Street, Phone: 428-4690, represented herself as a resident of the resort area and the operator ot Angie's Guest Cottage. Charles W. Gardner, 1309 King Fisher Court, Phone: 425-6201, represented the Second Precinct Advisory Committee Upon motion by Vice Mayor Fentress, seconded by Councilman Lanto-igne, City Council ADOPTED, AS AMENDED: Ordinance to AMEND and REORDAIN Section 21-398 of the Code of the City of Virginia Beach, Virginia, pertaining to parking meters. A N D, Ordinance to AMEND and REORDAIN Article XI of Chapter 21 of the Code of the City of Virginia Beach by the addition of a New Division 4, pertaining to residential parking permits. The City Staff shall reevaluate this concept within a year. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 21-398 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 PARKING METERS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 21-398 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 21-398. Hours during which division is applicable. 11 The provisions of this division shall apply to parking from 12 9:00 a.m. to 7:00 p.m. on Thirtieth Street and north of Thirtieth 13 Street, and twenty-four (24) hours T)er day i 14 every day including federal and state legal holidays and Sundays 15 from May first to October first of each calendar year. 16 Adopted by the Council of the City of Virginia Beach, Virginia 17 on the 9 day of June 1992. is CA-4675 19 \ordin\proposed\21-398.pro 20 R-2 I AN ORDINANCE TO AMEND AND REORDAIN ARTICLE XI 2 OF CHAPTER 21 OF THE CODE OF THE CITY OF 3 VIRGINIA BEACH BY THE ADDITION OF A NEW 4 DIVISION 4, PERTAINING TO RESIDENTIAL PARKING 5 PERMITS 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Article XI of Chapter 21 of the Code of the city of 9 Virginia Beach be, and hereby is, amended and reordained by the 10 addition of a new Division 4, consisting of Sections 21-440.1 11 through 21-440.11, which shall read as follows: 12 Division 4. Residential Parking Permits 13 See. 21 440-1. b ectives- 14 This divisi 15 congestion in public streets wi ial neighborhoods-to 16 reduce hazardous traffic conditions during urs in 17 residential neighborhoods caused by the use of such streets for 18 vehicular parking by Persons attempting to avoid the use of nearbv 19 city meter-regulated parking; to protect residents of such 20 neighborhoods from unreasonable noise . and disturbance during 21 nighttime hours; to t)rotect such residents from unreasonable 22 burdens in gaining access to their residences; and 23 Preserve the peace, good order, convenience and char cter of 24 residential neighborhoods located in close proximity to commercial 25 areas of the City. 26 See. 21-440.2 Definitions. 27 As used in this Division: 28 (a) "Motor vehicle" shall have the meaning set forth in 29 Section 21-2 of the City Code, and shall also include..mol)eds and 30 motorcycles, erein. 31 (b) Residence" shall la, 32 33 ordinance. the 34 (C) a 35 r 36 37 nonc, 38 and churches. 39 Bee. 21 440-3- 40 41 blocks wi ial 42 areas when re been met. 43 (a) A Retition reguestinci such designation, siqned by at 44 -one (51 er 45 46 @si ne- and 47 (b) s a 48 residential Permit parkin- 49 aree w 50 51 See. 21-440.4 Parking restriction-s. 52 in any area designated as a res it park rea 53 it shall be unlawful for any person to park any motor vehicle on 54 the street between the hours of 11:00 p.m. and 6:00 a.m. unless 55 there is affixed to the left side of the interior surface of the 56 rear window of such Motor vehicle a valid residential iparking 57 permit; Provided, however, his section 58 shall not apply to emeraencv 59 or service vehicles while engaged in such deliverv or serviice. or 60 to vehicles displaying a valid quest Pass plainly visible frgm t-he 61 exteri thie vehicle. 2 62 Sec. 21 440-5 er]Rits eZIerall ' 63 (a) Followinct the desicination of a reside tial Permit parking 64 r his de shall 65 issue residential Darking Per nated. One 66 t)ermit shall be issued, upon ap the 67 1)resc vehicle owned by a lpers 68 on a street within the reside parkin Lost 69 stolen or damaged Rermits may be reissued upon Proof of such los-S 70 theft or damage f the Prescribed fee. 71 (b) An api)licant hal 72 registration and ot)erator's license with the at)plication. No 73 t)ermit shall be issued in the event either the registration or 74 operator's license shows an address not within ial 75 Permit Y)arking area, unless the applicant demonstrates to the 76 satisfaction of the City Treasurer that he is, in fact, a resident 77 of such area. Registered residential parking permit h 78 obtain non-transferable quest Passes by applying to the City 79 Treasurer's Office. Such Passes shall be issued and valida ed for 80 three (3), seven (7), or days. No guest pass shall 81 be issued for a period exceedina fourteen (14) days. 82 (c) Business Parkincr ipermits shall be issued by the city 83 Treasurer's Office to bus: ed to operate in city meter- 84 regulated parking areas. ed for one (1) 85 year at the nrescribed fee and shall 86 number of employees in one shift reguired to work after 11:00 p.m. 87 (d) Lodging t)arking Permits shall be issued by the City 88 Treasurer's Office to lodging establishments which are located 89 within residential Permit Parking areas and which do not have 90 sufficient on-site T)arkina available for their quests. Such 91 permits shall be issued for one (1) year at the Prescribed fee and 92 shall be limited in guantities to the number of rooms within the 93 lodging facility not having on-site Parking. 94 (e) Permits issued pursuant to Subsection (a) shall be valid 95 for a period of one (1) vear, shall not be transferable, and may be 3 96 revoked in the ev, 97 of th which o loncier res"des 98 in tt n wr 99 of .ch revoction th. holder of the erai 100 iperm: 101 sch erit h.11 be unishabl 102 Five Dollars 25.00 - 103 (f) 104 be v 105 106 that f permits 107 to the crit ubsections d). 108 Bee. 21.-440.6. SicinS- 109 Following the designation of a residen ial ermit arkin 110 area e posted in appropriate ill a siq 112 forth in Section 21-440-4. 113 Sec. 21 440.7 ermit- 114 It shall be unlawfu di la or tO 115 issued under this division 116 upon any vehicle other than thE 117 issued. 118 Sec. 21-44os obtaining %)ermit by false oretgnSe-S- 119 It shall be unlawful for any person falsely to ret)resent 120 his division or to furnish 121 any false information in, or in coniunction with, an application 122 for a resider permit. 123 Sec. 21 440-9. ViOlatiOns- 124 (a) Parkincf in violation of Section 21-440.4 shall 125 I)unishable by a fine in the amount of Twenty-Five Dollars (@2 .00 126 and shall subie 4 127 th. h f ine is not 128 129 (b) 130 Runishable by a fine i 131 .00 - 132 21-440-10. P669 s: 133 134 (a) 135 Fiften Dlla@s 15.00 - 136 (b) For replacements of lost or damaged I)ermits bV the same 137 138 (C) 139 Twent Dollars 20.00 nt, 140 (d) 141 Twent Dollars 20.00 142 (e) For 3-day cluest lpermits, TWO DOllars 2-00 143 (f) For 7-day cluest lpermits, Five Dollars ($5.00).- 144 (q) For 14-day quest lpermits, Ten Dollars ($10-00). 145 OC. 231.-44440U.11. Ap1)ointees to enforce parkinct recrulations- 146 The city manager shall be authorize 147 the City, e 148 Dr- s division. Such Persons shall, while p 149 their duties Pursuant to this division wE 150 by the City Manager. 151 Adopted by the Council of the City of Virginia Beach on 9 June 152 the day of 1992. 153 CA-92-4637 154 \ordin\wmordres\respark.orn 155 R-7 5 - 34 - Item 111-1.3 ORDINANCES ITEM # 35716 Upon motion by Counci I man Hei schober, seconded by Counci I man Sessoms, Ci ty Council ADOPTED: ordinance to TRANSFER $300,000 from Beach Erosion and Hurricane Protection (CIP 2-704) to Marine Science Museum Expansion Design (CIP 3-002) re continuance of architectural design phase. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO TRANSFER $300,000 FROM CIP PROJECT 2 #2-704 BEACH EROSION AND HURRICANE PROTECTION TO CIP 3 PROJECT #3-002 MARINE SCIENCE MUSEUM EXPANSION 4 DESIGN TO CONTINUE THE ARCHITECTURAL DESIGN PHASE 5 WHEREAS, the conceptual design phase of the architectural 6 design for cIP Project #3-002 Virginia Marine Science Museum 7 Expansion has been completed; 8 WHEREAS, timely completion of the remaining necessary 9 architectural work is itnportant to maintaining the nomentum and 10 continuity of this project; 11 WHEREAS, the next phase of architectural design is estimated 12 to be approximately $800,000; 13 WHEREAS, there is approximately $500,000 currently available 14 in the Virginia Marine Science Museum Expansion Design Project, 15 leaving a requirement of $300,000 in additional funding; 16 WHEREAS, there is $300,000 in 1990 Charter Bond funds 17 available for transfer in CIP Project #2-704 Beach Erosion and 18 Hurricane Protection which represented the City's local 19 contribution to the project, now no longer required by the U.S. 20 Army Corps of Engineers; 21 WHEREAS, these funds can be transferred to the 1990 Charter 22 Bond funds appropriated to CIP Project #2-830 Rudee Inlet Dredging 23 which makes $300,000 of general appropriations available for 24 transfer to the Marine science Museum project. 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, 27 1. $300,000 be transferred from CIP Project #2-704 Beach 28 Erosion and Hurricane Protection to CIP Project #2-830 Rudee Inlet 29 Dredging 1990 Charter Bond appropriation; and 30 2. $300,000 be transferred from the general appropriations 31 appropriated to CIP Project #2-830 Rudee Inlet Dredging to CIP 32 Project #3-002 Virginia Marine Science Museum Expansion Design in 33 order to provide the necessary funding for continuation of the 34 architectural phase of the project. 35 This ordinance shall be in effect from the date of its 36 adoption. 9 June 1992, by the Council of 37 Adopted the _ day of 38 the City of Virginia Beach, Virginia. 39 SIGNATURE T APPROVFD AS TO CO APPROVED AS TO LEGAL @TEFFC. @ER. JR. OFRCE OF BUDGET AND EVALUATION - 35 - Item 111-J.1/2/3. PUBLIC HEARING ITEM # 35717 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (a) STAR OF THE SEA CATHOLIC CHURCH CHANGE OF ZONING (b) P & D OF NORFOLK, INC. CONDITIONAL USE PERMIT PLANNING - RECONSIDERATIONS (a) BUNGEE THRILLS, INC. RECONSIDERATION OF CONDITIONS CONDITIONAL USE PERMIT (ADOPTED: March 24, 1992) (b) GALE M. AND DAVID 1. LEVINE RECONSIDERATION OF CONDITIONS CHANGE OF ZONING (ADOPTED: June 1, 1987) PLANNING (a) WILLIAM AND SHELLEY STALLINGS VARIANCE (b) PARCEL 4-A ASSOCIATES, L.P CONDITIONAL ZONING (c) ERIC C. BECK, d/b/a CONDITIONAL USE PERMIT ERIC'S RV CENTER, INC. (d) FRANK T. WILLIAMS CONDITIONAL USE PERMIT - 36 - Item 111-J-1 PUBLIC HEARING ITEM # 35718 PLANNING BY CONSENT Upon moti on by V i ce Mayor Fentress, seconded by Counc i I woman Parker, City Counci I APPROVED in ONE MOTION Itern J. la and b of the PLANNING BY CONSENT Agenda. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 37 - Item iii-J.l.a. PUBLIC HEARING ITEM # 35719 PLANNING BY CONSENT Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, City Counc 1 1 ADOPTED the Ord i nance upon app I 1 cat i on of STAR OF THE SEA CATHOL I C CHURCH for a Change ot Zoning: ORDINANCE UPON APPLICATION OF STAR OF THE SEA CATHOLIC CHURCH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5S TO R-T3 Z06921355 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACii, VIRGINIA Ordinance upon application of Star of The Sea Catholic Church for a Change of Zoning District Classification from R-5S Residential Single Family District to R-T3 Resort Tourist District on certain property located at the northwest corner of Pacific Avenue and 14th Street. The proposed zoning classification change to R-T3 Resort Tourist District is for hotel and other complementary resort facility land use. The Compr,-,hensive Plan recommends use ot this parcel for public facility/institutional/government land use. Said parcel contains 43,124 square feet. VIRGINIA BEACH BOROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of June Nineteen Hundred and Ninety-Two. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 38 - Item 111-J.l.b. PUBLIC HEARING ITEM # 35720 PLANNING BY CONSENT Upon mot i on by V i ce Mayor Fentress, seconded by Counc i I woman Parker, City Counc i I ADOPTED the Ord i nance upon app I i cat 1 on of P & D OF NORFOLK, I NC., a Virginia Corporation for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF P & D OF NORFOLK, INC., A VIRGINIA CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT R06921440 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of P & D of Norfolk, Inc., a Virginia Corporation for a Conditional Use Permit for an automobile repair establishment on the east side of North Great Neck Road, 500 feet north ot Mill Dam Road. Said parcel is located at 1424 North Great Neck Road and contains 36,000 square feet more or less. LYNNHAVEN BOROUGH. This Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth ot June. Nineteen Hundred and Ninety-Two. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 39 - Item 111-J.2.a. PUBLIC HEARING ITEM # 35721 PLANNING - RECONSIDERATION Felix Templeton, 400 Canberry Court, Apartment 1418, Phone,. 428-6574, represented his application and requested DEFERRAL. Upon motion by Vice Mayor Fentress, seconded by Counci I man Clyburn, City Council DEFERRED until the City Council Session of June 23, 1992, RECONSIDERATION OF CONDITION NUMBER@ ONE, SIX AND SEVEN in the March 24, 1992 approved application of an Ordinance upon application of BUNGEE THRILLS, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BUNGEE THRILLS, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL AND AMUSEMENT FACILITY OF AN OUTDOOR NATURE (BUNGEE JUMPING) R03921419 Ordinance upon application of Bungee Thrills, Inc. for a Conditional Use Permit for a recreational and amusement facility ot an outdoor nature (bungee jumping) on certain property located on the west side ot Atlantic Avenue, south of 3rd Street. Said parcel contains 1.6 acres. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 40 - Item 111-J.2.b. PUBLIC HEARING ITEM # 35722 PLANNING - RECONSIDERATION Gal e M. Levine, the appl !cant, requested the ap pIi cation be WITHDRAWN an d advised they would be marketing condominiuqs. Letter from Captain L. K. Fenlon, Jr., Chairman - Great Neck Association ot Civic Leagues, dated May 29, 1991, in OPPOSITION to the application is hereby made a part of the record. Upon motion by Councilman Brazier, seconded by Councilwoman Parker, City Councli ALLOWED WITHDRAWAL of the RECONSIDERATION OF CONDITION NUMBER ONE in the Ordinance upon application of GALE M. AND DAVID 1. LEVINE tor a Change of Zoning (APPROVED June 1, 1987): ORDINANCE UPON APPLICATION OF DAVID 1. & GALE M. LEVINE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO A-4 Z06871154 Ordinance upon appl ication of David I & Gale M. Levine for a Change of Zoning District Classification from A-1 Apartment District to A-4 Apartment District on the following parcels: Parcel 1: Located 1000 feet more or less south of Shore Drive beginning at a point 100 feet more or less east of North Great Neck Road. Parcel 2: Located 1625 teet more or less south of Shore Drive beginning at a point 1000 feet more or less east of North Great Neck Road. Said parcels contains 22.002 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None This application was MOVED FORWARD to the beginning of the PLANNING AGENDA. - 41 - Item III-J.3.a. PUBLIC HEARING ITEM # 35723 PLANNING Attorney John Richardson represented the applicant and advised the applicant was in disagreement with the Parcel A being designated as a public access easement. Shelley Stallings, the applicant Attorney Leonard D. Levine, 192 Ballard Court, represented John Hill Trant, who was responsible for development of much of this section (Trant Berkshire) and requested a public asccess easement be denoted. A Motion was made by Councilman Brazier, seconded by Councilman Clyburn to DENY the application of WILLIAM and SHELLEY STALLINGS for a Variance to Section 4.4(d) of the Subdivision Ordinance. A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Vice Mayor Fentress to APPROVE the application of WILLIAM and SHELLEY STALLINGS for a Variance to Section 4.4(d) of the Subdivision Ordinance with the following condition: Parcel A, as shown on the recorded plat in Map Book 129, Page 37, shall be designated as "a public access easement". Councilman Heischober AMENDED his SUBSTITUTE MOTION to APPROVE the application of WILLIAM and SHELLEY STALLINGS for a Variance to Section 4.4(d) of the Subdivision Ordinance with the following condition: Access shall be private with title to be agreed to by subject parties. (Parcel A, as shown on the recorded plat in Mapbook 129, Page 37). BY CONSENSUS, Members of City Council concurred with allowing the amendment to the SUBSTITUTE MOTION. Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED the application of WILLIAM and SHELLEY STALLINGS for a Variance to Section 4.4(d) of the Subdivision Ordinance. Application of William and Shelley Sallings for an appeal from Decisions of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision for William and Shelley Stallings. Property is located at 2508 Little Lake Court. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Access shall be private with title to be agreed to by subject parties. (Parcel A, as shown on the recorded plat in Map Book 129, Page 37). - 42 - Item 111-J.3.8. PUBLIC HEARING ITEM # 35723 (Continued) PLANNING Voting: 7-4 Council Members Voting Aye: Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan and William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum, James W. Brazier, Jr., Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None 4 3 Item 111-J.3-b. PUBLIC HEARING ITEM # 35724 PLANNING Attorney Leondard D. Lev i ne, 1 92 Ba I I ard Court, represented the app I i cant and requested DEFERRAL Upon motion by Counci I man Brazier, seconded by Counci lwoman Parker, City Cou nc i I DEFERRED unt i I the C 1 ty Cou nc i I Sess i on of Ju I y 14, an Ord i nance u pon application of PARCEL 4-A ASSOCIATES, L.P., a Virginia Limited partnership for a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF PARCEL 4-A ASSOCIATES, L.P, A VIRGINIA LIMITED PARTNERSHIP FROM 1-1 TO B-2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Parcel 4-A Associates, L.P, a Virginia Limited Partnership, for a Conditional Zoning Classification from 1-1 Light Industrial District to B-2 Comaunity Business District or commercial land use. The Comprehensive Plan recommends use of this parcel for retail/service. Said parcel contains 11.8021 acres. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 44 - Item 111-J.3.c. PUBLIC HEARING ITEM # 35725 PLANNING Eric C. Beck, the applicant, represented himself Upon mot i on by Cou nc i I man Jones, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of ERIC C. BECK, d/b/a/ ERIC'S Rv CENTER, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ERIC C. BECK, DBA ERIC'S RV CENTER, INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R06921441 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Eric C. Beck, DBA Eric's RV Center, inc. for a Conditional Use Permit for motor vehicle sales and service on Lots 9-14 and Lots 30-35, Block 26, Euclid Place. Said parcel is located at 266 Jersey Avenue and contains 41,195 square feet. BAYSIDE BOROUGH. The following condition shall be required: 1. All repairs must be made within the existing building. 2. The existing fence must be repaired or replaced. 3. Category I landscaping shall be provided within 40 teet west and 40 feet south ot the northeast corner of this site. This Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of June, Nineteen Hundred and Ninety-Two. Voting: 11-0 Council Merrbers Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 45 - Item 111-J.3.d- PUBLIC HEARING ITEM # 35726 PLANNING Edward R. Bour don, Pembroke One Bu! I di ng, F! fth F I oor, Phone: 499-8971 , represented the applicant The following registered in OPPOSITION: Janis Walsh, 1529 Nanneys Creek Road, Phone: 426-5369 Maureen Sigmund, 3105 Dolphin Road, Phone: 481-4056, reprsentd the Southeastern Association for Virginia's Environment (SAVE) Upon motion by Counci lman Lanteigne, seconded by Counci [man Sessoms, City Counci I ADOPTED an Ordinance upon appl ication of FRANK T. WILLIAMS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FRANK T. WILLIAMS FOR A CONDITIONAL USE PERMIT FOR SINGLE-FAMILY HOMES IN THE AG AGRICULTURAL DISTRICT R06921442 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VLRGINIA Ordinance upon application of Frank T. Williams for a Conditional Use Permit for single family homes in the AG Agriculture District on certain property located on the north side of Nanneys Creek Road, 1550 feet more or less west of Charity Neck Road. Said parcel contains 53 acres. PUNGO BOROUGH. The following conditions shall be required: 1. A fifty (50) toot vegetative buffer shall be established on all lots abutting an on-going agricultural operation prior to tinal plat recordation. The vegetative butters shall be established in accordance with the guidel ines described in the Comprehensive Plan. The site development plan and final plat must include a note stating that no development or clearing of vegetation will be allowed within the delineated butfer areas. 2. Construction of two (2) homes shall be allowed the first year and then two (2) each year after, for a total of sixteen (16) lots. 3. Developer will dedicate a three (3)-acre site to the City at no cost to the City for parks and recreational purposes. The exact location of the three-acre site will be determined and agreed to by the developer, the applicant and the Director of Parks and Recreation. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of June, Nineteen Hundred and Ninety-Two. 4 6 Item 111-J.3.d. PUBLIC HEARING ITEM # 35726 (Continued) PLANNING Voting: 9-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and William D. Sessom , Jr. Council Members Voting Nay: Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None 4 7 Item Ill-K.l.a RESOLUTION ITEM # 35727 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Counci I man Sessoms, City Council AGREED to ADD TO THE AGENDA: Resolution attirming "Greenways, Trails and Bikeways Plan" Committee, incorporating utility easements and other rights-of-way; recommending changes in the Master Bikeway Plan; and, recommnding ordinances to promote development of a comprehensive Greenways, Trails and Bikeway Plan. (This Resolution supercedes the one adopted Decerrber 17, 1991.) Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 48 - Item Ill-K.l.b RESOLUTION ITEM # 35728 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council ADOPTED: Resolution affirming "Greenways, Trails and Bikeways Plan" Committee, incorporating utility easements and other rights-of-way; recomffending changes in the Master Bikeway Plan; and, recommending ordinances to promote development of a comprehensive Greenways, Trails and Bikeway Plan. (This Resolution supercedes the one adopted December 17, 1991.) Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 A RESOLTJTION AFFIRMING THE "GREENWAYS, TRAILS, 2 AND BIKEWAYS PLAN" TO INCORPORATE UTILITY 3 EASEMENTS AND OTHER RIGHTS-OF-WAY, RECOMMEND 4 CHANGES IN THE MASTER BIKEWAY PLAN, DEVELOP 5 INCENTIVES, SUGGESTIONS, AND RECOMMEND 6 ORDINANCES TO PROMOTE THE DEVELOPMENT OF A 7 COMPREHENSIVE GREENWAYS, TRAILS, AND BIKEWAYS 8 PLAN 9 WHEREAS, the City Council is desirous to create a 10 Greenway System of trails for people and animals in conjunction 11 with present plans and future plans, in coordination with 12 residential and commercial development and roadway plans in both 13 developed and undeveloped areas of the City; and 14 WHEREAS, the City Council desires to create the 15 Greenways, Trails, and Bikeways Plan and requests the Planning 16 Department, in conjunction with the Planning Commission, to develop 17 plans, incentives, and regulations to promote those ends; recommend 18 revisions to the present Plan that may be appropriate to foster, 19 promote, and encourage the efficient and economical development of 20 bikeways, greenways, and trails systems within subdivisions, 21 encouraging their interconnection between contiguous subdivisions 22 and among activity centers within the City, as well as neighboring 23 jurisdictions, and to include areas of potential development. 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 That in addition to the above concept, the Planning 27 Department and Planning Commission are requested to create a Master 28 Greenways and Trails Plan. This Plan shall include the City's 29 Master Bikeway Plan and make recom-mendations, including additions 30 and deletions to that Plan, as may be appropriate, so as to 31 accomplish the following: 32 1. Utilization of appropriate public rights-of-way and 33 easements for greenways, bicycles, horseback trails, and 34 walking/jogging trails so as to provide a safe and scenic 35 environment for use by the citizens in areas of the City and our 36 visitors; 37 2. Utilization of railroad rights-of-way and Virginia 38 Power easements and rights-of-way for the greenways, bikeways, and 39 trails. 4 0 3. Review the City's Subdivision Ordinance and recommend 41 development regulations and other incentives to City Council to 42 encourage developers of real estate to include amenities such as 43 greenways, open spaces, bicycle trails, and walking/jogging trails 44 within and adjacent to their developments and to provide for the 45 connection of such amenities between contiguous subdivisions and to 46 adjacent activity centers so as to provide the opportunities for 47 the citizens to use such amenities to a greater extent, which are 48 to be planned in conjunction with the existing Bikeway Plan. 49 4. Incorporate the Greenways, Trails, and Bikeways Plan 50 into the Master Street and Highway Plan. 51 WHEREAS, the City Council desires public input into the 52 planning of the greenways, trails, and bikeways. 53 BE IT FURTHER RESOLVED: 54 That a committee be created to serve, for a period of one 55 (1) year or such time as is required to complete the Plan, in an 56 advisory capacity to the Planning Department to assist in preparing 57 this Plan. The Committee shall consist of three people from the 58 Greenways With Growth Organization, one representative of the 59 Planning Co-mmission, one person from the Department of Parks and 60 Recreation, two persons from Virginia Power and the owners of 61 railway easements, two citizens from the rural areas of the City, 62 two registered professional landscape architects, one 63 representative of the Traffic Engineering Office, one 64 representative from the Tidewater Builders Association, 65 representatives from the bicycling participants in the area, and 66 such other persons as City Council may designate. 67 BE IT FURTHER RESOLVED: 68 That this Resolution shall supercede Resolution No. R-9l- 69 02038 adopted by City Council on December 17, 1991. 2 70 Adopted by the council of the City of Virginia Beach, 71 Virginia, on the 9 day of June 1 1992. 72 CA-4703 73 ORDIN\NONCODE\TRAILS.RES 74 R-2 3 - 49 - Item Ill-K.l.c APPOINTMENTS ITEM # 35729 BY CONSENSUS, City Council RESCHEDULED the tollowing APPOINTMENTS: ARTS AND HUMANITIES COMMISSION CLEAN COMMUNITY COMMISSION DEVELOPMENT AUTHORITY FRANCIS LAND HOUSE BOARD OF GOVERNORS MILITARY LIAISON COMMISSION SOCIAL SERVICES BOARD TIDEWATER TRANSPORTATION DISTRICT COMMISSION - 50 - Item Ill-K.l.d APPOINTMENTS ITEM # 35730 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE David S. Taylor Landscape Engineer/Planner Tidewater Builders Association William M. Eason - Virginia Natural Gas Reese F. Lukei, Jr. - American Hiking Society Valerie J. Henchel - Trattic Engineering J. Barry Frankenfield - City Parks/Recreation Department Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 5 1 Item Ill-K.I.e APPOINTMENTS ITEM # 35731 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: HAWTON ROADS PLANNING DISTRICT COMMISSION Reba S. McCianan Citizen-Meffber to the Executive Committee July 1, 1992 - October 31, 1992 Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, , Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: None - 52 - Item 111-M.I. NEW BUSINESS ITEM # 35732 Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council ADOPTED: Ordinance to extend to the City Assessor, City Attorney and City Clerk the same Increase in benetits provided in the FY 1992-1993 Operating Budget to City eaployees on the Executive, Administrative and General pay plans. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Absent: None sponsored by Vice-Mayor Robert E. Fentress 1 AN ORDINANCE TO EXTEND TO THE CITY 2 ASSESSOR, CITY ATTORNEY, AND CITY 3 CLERK THE SAME INCREASE IN BENEFITS 4 PROVIDED IN THE FISCAL YEAR 1992-93 5 OPERATING BUDGET TO CITY EMPLOYEES 6 ON THE EXECUTIVE, ADMINISTRATIVE, 7 AND GENERAL PAY PLANS 8 WHEREAS, on May 12, 1992, City Council adopted the Fiscal 9 Year 1992-93 Operating Budget; 10 WHEREAS, the Operating Budget included the following 11 increase in benefits for City employees on the executive, 12 administrative, and general pay plans: 13 (1) a general increase of two (2) 14 percent effective July 1, 1992; 15 (2) a general increase of two and one- 16 half (2 1/2) percent with a twelve 17 hundred (1200) dollar cap effective 18 January 1, 1993; and 19 (3) an increase of twenty (20) dollars 20 per month in the City contribution 21 to health care premiums; 22 WHEREAS, pursuant to Section 2-89 of the City Code, City 23 Council has the authority to provide for the salaries and benefits 24 of its direct appointees; and 25 WHEREAS, City Council has determined that the benefits to 26 be provided to City employees in the Fiscal Year 1992-93 operating 27 Budget should also be provided to the City Assessor, City Attorney, 28 and City Clerk. 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 That the benefits provided in the Fiscal Year 1992-93 32 operating Budget to city employees on the executive, 33 administrative, and general pay plans are hereby extended to the 34 City Assessor, City Attorney, and City Clerk. 34 Adopted by the council of the city of Virginia Beach, 35 Virginia, on the 9 day of June , 1992. 36 CA-4699 37 ORDIN\NONCODE\BENEFIT.ORD 38 R-1 2 5 3 Item ill-M.2- NEW BUSINESS ITEM # 35733 Maryann 1. Ustick, Director - Department of Housing and Neighborhood Preservation, explained the Burton Station Land Acquisition and resident relocation Mattie Bailey, Housing Specialist I - Department of Housing and Neighborhod Preservation, responded to City Council's inquires re relocation assistance and the acquisition process. Mark Wawner, Manager of Economic Development, spoke relative the feasiblity of the proposed plan. The following residents of Burton Station expressed concern relative the acquisition price: Linda P. Carrington, 5908 Evelear Avenue Issac Herbert, 1264 Tim Road, Phone: 464-5849, represented the Burton Station Civic League Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED: Resolution directing City staff to develop a funding plan for the Burton Station Project. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None This item was MOVED FORWARD after the CONSENT AGENDA. Sponsored by Councilman Louis R. Jones 1 A RESOLUTION DIRECTING 2 CITY STAFF TO DEVELOP A 3 FUNDING PLAN FOR THE 4 BURTON STATION PROJECT 5 WHEREAS, the BUrton Station area is located adjacent to 6 Norfolk International Airport and is also located in a high noise 7 zone which renders the area unsuitable for residential use; 8 WHEREAS, the industrial and commercial land uses and the 9 transportation corridors adjacent to the Burton Station area 10 effectively isolate the residential component of the area from 11 other residential areas; 12 WHEREAS, City staff has determined that the costs of 13 providing water and sewer service to residents of the 14 residentially-zoned portion of the Burton Station area and 15 rehabilitating those houses which are in substandard condition 16 would be greater than the costs of relocating those same residents 17 to suitable housing in other neighborhoods; 18 WHEREAS, rehabilitation of housing units in non- 19 residentially-zoned sections of the Burton Station area is not 20 feasible since federal funds cannot be used to improve housing in 21 those sections; 22 WHEREAS, a series of meetings with residents of the 23 Burton station area has been held to apprise residents of the 24 problems associated with revitalization of the area as a 25 residential neighborhood; and 26 WHEREAS, based on these constraints, the residents have 27 expressed a general agreement that acquisition of land in the 28 Burton Station area and relocation of the residents needs to be 29 undertaken as soon as possible. 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 That City staff is hereby directed to develop a funding 33 plan for the acquisition of land in the Burton Station area and the 34 relocation of residents to comparable and suitable housing in 35 accordance with federal requirements established by the Uniform 36 Relocation Assistance and Real Property Acquisition Policies Act of 37 1970, as amended (URA). 38 BE IT FURTHER RESOLVED: 39 That the funding plan shall be submitted in conjunction 40 with the cIP to be provided to City Council in the Fall of 1992. 41 Adopted by the Council of the City of Virginia Beach, 42 virginia, on the 9 day of June 1992. 43 CA-4696 44 ORDIN\NONCODE\BURTON.RES 45 R-3 2 RELOCATION ASSISTANCE OWNER OCCUPIED EXAMPLE I LAND AREA .5 AC. APPRAISED VALUE LAND VALUE $30,000 BUILDING VALUE $25,000 TOTAL ACQUISITION PRICE $55,000 VALUE OF COMPARABLE DWELLING $75,000 3 BEDROOM/2 BATH GARAGE/ 1.152 S.F. REPLACEMENT HOUSING $20,000 ASSISTANT GRANT (DIFFERENCE BETWEEN ACQUISITION PRICE AND COMPARABLE VALUE) MOVING EXPENSES $ 750 (5 ROOMS - STANDARD) SUMMARY OF RELOCATION PAYMENT ACQUISITION PRICE $55,000 REPLACEMENT HOUSING ASSISTANT GRANT $20,000 MOVING EXPENSES $ 750 TOTAL PAYMENT $75,750 OTHER SERVICES AS NEEDED ACTUAL MOVING EXPENSE REIMBURSEMENT, NO MAXIMUM/TWO ESTIMATES COUNSELING ASSISTANCE TO FIND REPLACEMENT HOUSING - 54 - item 111-M.3- NEW BUSINESS ITEM # 35734 ADD-ON Concerning the OCEAN PARK DRAINAGE PHASE 11 and CITY BOAT LANDING FACILITY/MARLIN BAY LANE AGREEMENTS, the City Manager advised a BRIEFING shall be SCHEDULED for the Ocean Park Civic League; after which, said agreements shall be SCHEDULED for action by City Council. 5 5 item 111-0.1. ADJOURNMENT ITEM 35735 Mayor Meyera E. Oberndorf DECLARED the MEETING ADJOURNED at 5:35 P.M. Be r O@ H.. C ty C@ h,et D th Hdg. S@,th, CMCI@AE Meyera E. Oberndort City Clerk Mayor City of Virginia Beach Virginia