Loading...
HomeMy WebLinkAboutJUNE 2, 1992 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL -10@ .@IEM @ IIIE @-E@l E IEIIRE., R@.@RT IIYBU-, K,.,@ill @@.11 I-Cl K 11-@@ IR @lu J-@S K @l@RE .1, .1.1111L 1-11, CITY COUNCIL AGENDA "R@IN. @@ICH 11@l@ . 5 @.1111, -C -1, Cill @'ll JUNE 2, 1992 ITEM 1. CITY MANAGER'S BRIEFING - Council Chanter - 12:30 PM A. WATER CONSERVATION EDUCATION COMMITTEE Dr. E. T. Buchanan 111, Chairman 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 Chanber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Philip J. Holwager Diamond Springs Christlan 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 SESSION - May 26, 1992 G. PUBLIC HEARING 1. PLANNING a. Application of WITCHDUCK LAKE ENTERPRISES, INC. for a Conditional Use Permit for a recreational facility of an outdoor nature (water skiing, jet skiing, swimming, fishing) at The Western extremity of Witchduck Court, containing 54 acres (BAYSIDE BOROUGH). Deterred: May 26, 1992 Recomrnendation: APPROVAL H. ORDINANCE 1. Ordinance to TRANSFER $35,226 within Department of General Services FY 1991-92 Operating Budget re construction contract for additional stairways at Sandbridge Beach. 1. APPOINTMENTS ARTS AND HUMANITIES COMMISSION GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION SOCIAL SERVICES BOARD J. UNFINISHED BUSINESS K. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Ordinance to establish a reinibursement policy tor expenses incurred by Members of City Council. (Sponsored by Vice-Mayor Robert E. Fentress) b. Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia: 1. Section 6-10 re use of skateboards In the Resort District. (Sponsored by Vice-Mayor Robert E. Fentress) 2. Section 6-116 re surfing. (Sponsored by Vice-Mayor Robert E. Fentress) 3. Section 33-6 re sales conducted on or adjacent to the public right-of-way. (Sponsored by Councilmen Paul J. Lanteigne and Louis R. Jones) L. ADJOURNMENT PUBLIC HEARING LAKE GASTON PROJECT SATURDAY, JUNE 13, 1992 - 10:00 AM VIRGINIA BEACH PAVILION UNITED STATES DEPARTMENT OF COWERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) CITY COUNCIL RECESS JULY 15 31, 1992 5/28/92 lbs M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginla June 2, 1992 Mayor Meyera E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for the CITY MANAGER'S BRIEFING in the Council Chamber, City Hall Building, on June 2, 1992, at-12:30 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms Council Members Absent: Paul J. Lanteigne (AWMING A COMPUTER SEMINAR) - 2 - C I T Y M A N A G E R ' S B R I E F I N G WATER CONSERVATION EDUCATION COMMITTEE ITEM # 35667 Dr. E. T. Buchanan I I I - Chairman, WATER CONSERVATION EDUCATION COMMITTEE, advised there are three City sponsored committees regarding the issue ot water: a Mayor's Water Task Force dealing with strategic issues, a City Manager's Water Task Force, coordinating the City Staff's efforts and the Water Conservation Education Committee, which is a statt and volunteer group. Dr. Buchanan reiterated the two purposes: (1) disseminate intormation regarding water conservation practices and (2) gather all the interest groups together for two-way communication. This group is composed of forty members selected to reflect the composite personality ot the City, all the attected interest groups and citizen advocacy groups. The Committee is comprised of six subcommittees: Education Dr. Nancy Jones - Chalr Business Michael Barrett - Chair Landscaping, Nurserymen/Green Industry Pat Bridges - Chair Water Conservation in the Home Max Bartholomew Chair Research Dr. Ted Willis Chair Hospitality Industry Rick Anoia The Committee has been meeting once a month with the focus being educating the committee on the perimeters ot water use and water resources tor the City. Briefings on groundwater will be scheduled at the next meeting June 12, 1992. The staff and the committee devised a questionnaire which was administered by volunteer students ot Tidewater Community College via telephone to approximately 380 citizens. The major conclusions derived were 90% ot the citizens called were attempting to conserve water. Eighty percent (80%), including multi-family, of the water use in the City is residential. Sixty- eight percent (68%) of the water is utilized in the bathroom. Areas needed to be addressed are those communities not directly billed for water, i.e. condominiums, where a bill is forwarded to a rental agent. The citizens do not want an excessive amount of money spent on education. Two items of concern are watering plants and washing cars. Dr. Buchanan advised the average daily residential per capita consumption is 60 gallons. Dr. Buchanan reiterated the estimated water use by Virginia Beach water users: Toilet Flushing 33% Showers and Baths 35% Laundry and Dishwashing 20% Outdoor watering 10% Other uses Including 2% cooking, cleaning and drinking Concerning useage of water, the City Manager advised outdoor consumption is low due to the restriction and many of the residents do have well water. The present program seems to be working very successtully. Some ot the rules may need modification in the area of long term adaptability. Dr. Ted Willis, Chair - Research, advised a substantial element of the citizens are aware there is a legitimate shortage of water. This has not been contrived or manufactured. - 3 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 35668 The City Clerk referenced a Resolution establ ishing the TIDEWATER COUNCIL ON PHYSICAL FITNESS AND SPORTS, to be added to the Formal Session of City Council. ITEM # 35669 The City Clerk reterenced the letter from Counci I man Lanteigne dated May 28, 1992, advising his absence during the City Council Session due to his attendance at a coffputer seminar on June 2, 1992. - 4 - ITEM # 35670 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was Cal led to order obny Mayor Meyera E. Oberndorf in the Counci I Chambers, City Hal I Bui Iding, Tuesday, June 2, 1992, at 1:00 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Paul J. Lanteigne - 5 - ITEM # 35671 conduct MO Mayor Meyera E. Obr,d,rt entertained a tion to permft city Council to its EXECUTIVE SESSION, pursuant to Sectfon 2.1 -344, Code of Virginia, as amended, for the following purposes: 1. ERSONNEL MATTERS: Discussion or consideration of or interviews ot prospective candid,t,s for employment, assignment, appointment, promotion, performance, demtion, salaries, disciplining, or resignation of specific public officers, appointees, or employees (1). pursuant tc) Section 2.1-344 (A) To-Wit: Appointments: Arts and Humaniti,s Commission Greenways, Trails and Bikeways Committee Human Rights Commission Social Services Board 2. PUBLICLY-HELD PR ERTY: Discussion or consideration of the condition, ac( se 0 f real property for public purpose, Or of the disposition of I)Ubl il:ly-held property, or of plans for the future of an institution whic@ could affect the value ot property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). TO-Wit: Acquisition of Property for a Public Purpose - Transition Area Ill 3. LEGAL MATTE.RS: Consultation with legal counsel or brief ings by staff embers, consultants or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). To-Wit: Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, 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, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Will[am D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Paul J. Lanteigne - 6 - VIRGINIA BEACH CFTY COUNCIL June 2, 1992 2:00 P.m. Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bu! Iding, on Tuesday, June 2, 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, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and W! I I jam D. Sessoms, Jr. Council Members Absent: Paul J. Lanteigne (ATTENDING A COMPUTER SEMINAR) INVOCATION: Reverend Philip J. Holwager Diamond Springs Christian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 7 Item III-E.l. CERTIFICATION OF EXECUTIVE SESSION ITEM 35672 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, 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 certitication resolution applies; AND, Only such pub I i c business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 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 and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Paul J. Lanteigne and William D. Sessoms, Jr. .0 #trot 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 # 35671, Page No. 5, 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. Ruth Hodges S..th, CMCIAAE City Clerk June 2, 1992 8 Item 111-F.I. MINUTES ITEM 35673 Upon motion by Counci I man Cl yburn, seconded by Vice Mayor Fentress, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 26, 1992. Councilwoman McCianan advised she had been in Calitornia with her husband the week prior to May 26, 1992, but on May Twenty-sixth, she was in Pennsylvania Voting: 7-0 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 and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan and Mayor Meyera E. Oberndorf* Counci I Merrbers Absent: Paul J. Lanteigne and William D. Sessoms, Jr. *Mayor Oberndorf VERBALLY ABSTAINED as she was not in attendance during the City Council Session ot May 26, 1992, but representing the City in an official visit to our Sister City, Miyazaki, Japan. Councilwoman McClanan ABSTAINED as she was not in attendance during the City Council Session of May 26, 1992, but in Pennsylvania. 9 Item 111-F.2. RESOLUTION ITEM 35674 Upon motion by Counci lman Heischober, seconded by Vice Mayor Fentress, City Council AGREED to ADD to the AGENDA and ADOPTED: Resolution establ ishing the TIDEWATER COUNCIL ON PHYSICAL FITNESS AND SPORTS. Loren W. Jackson, Chairman - Tidewater Council on Physical Fitness and Sports, ACCEPTED the Resolution. The TIDEWATER COUNCIL ON PHYSICAL FITNESS AND SPORTS shall coordinate resources to make aware the importance of physical titness in schools and community, thus providing a healthier, more productive environment for the present and future generations. Voting: 9-0 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 and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Paul J. Lanteigne and William D. Sessoms, Jr. : Regular exercise and phgsical activitg is recognizeb as a lifetime function that contributes tu the bealth and Ixingevitg vf an inaividual; : the area of tibewater, I)irginia, comprisin!a seven cities: I)irginia Beach, Nerf(ilk, Chesapeake, Partsmxiutb, liamptan, Newport News, ana $utfalk, reciagniaes the ph@sical ana hgalth benefits of regular exercise an6 ph@sical activitb; : Zbe Presitent's tnuncil an Phgsical Fitness and $pnrts is t!hp natinnal policbmaker ant lea6er in develuping fitness programs for the schnals ana csmmunities; : the health, fitness, anxl well-being of all resillents of tibgwater is of primarb concern; : this Council shall supervise the formation of local Councils in 2ach citg of libemater, consisting of a Cbairpersun an6 Dvarb af Directors, for each citb; : these representatives shall be respansible for implementing prngrams anb prujects to further the health of inbivibuals in their resp2ctive cities; and, : Under the supervision of the tidewater Council ian Phi;sical Fit!ness anb Spnrts, each Chairperson and Beard of Directnrs, of each Cit@, shall institute ant implement the programs and policies nf the Presibent's Council an PhBsical Fitness anb $parts anb ang otber designatea programs related to the gand health of their respective cmmunities. NON, @ORE, BE 1:9 that we, the unbersigneb, herebI3 establish the 91DERAtU COUNCIE ON NWICAL F%@s AM $Mft$, ti3 bevelop local chapters in each citl; tif Zidewater, implement pi3licies anb pragrams aesignateb b;3 the President's Cvuncil an PhBsical Fitness anb $pxlrts, in the scbsiils ana communities, to cnarbinate resources to make aware the importance of phbsical fitness in schvels anb communitb, thus praviding a healthier, mure probuctive enviroyment for the pres2nt anb future generatinns. Civen unber our hanbsanb s nete" HunbreA anb NinetB-twn. 0 A. Baum /lames M. B @Paul@3. C@anteligne @*ba $. $ess=s d- M @, F. Obrnbxi e MaBi3r 01.Bnr - 10 - Item Ill-G.l.a- PUBLIC HEARING ITEM # 35675 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) WITCHDUCK LAKE ENTERPRISES, INC. CONDITIONAL USE PERMIT Item 111-G.l.a. PUBLIC HEARING ITEM 35676 PLANNING The following spoke in SUPPORT of the application: J. Ran da II Royal, En gi neer i ng Serv ices - 3351 Stoneshore Road, Phone: 468-6800 , represented the applicant Dal las Norman, 4237 Battery Road, Phone: 464-0198, President - Witchduck Lake Enterprises. Mr. Norman distributed a petition containing 96 signatures in SUPPORT of the application. Said petition is hereby made a part of the record. The following spoke in OPPOSITION to the application: Marlene D. Wi lder, 5413 Grand Lake Crescent, Phone: 490-1044 Teresa Hutcheson, 5421 Grand Lake Crescent, Phone: 497-2304 Elizabeth Shawkey, 5417 Grand Lake Crescent, Phone: 671-7242 Richard M. Schwab, 5376 Grand Lake Crescent, Phone; 552-0489 Linda Merrell, 5415 Grand Lake Crescent, Phone: 499-1265 Dan Shawkey, 5417 Grand Lake Crescent, Phone: 671-7242 Letter from Dr. Nancy M. Welch, Acting District Health Director - Virginia Beach Health Department, regarding Witchduck Lake, dated June 1, 1992, is hereby made a part of the record. The Health Department cannot sanction the use of these retention basins for recreation that involves body contact. Upon motion by Counci I man Jones, seconded by Counci Iman Baum, City Counci I DENIED an Ordinance upon application of WITCHDUCK LAKE ENTERPRISES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WITCHDUCK LAKE ENTERPRISES, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE Ordinance upon application of Witchduck Lake Enterprises, Inc., for a Conditional Use Permit for a recreational facility of an outdoor nature (water ski ing, jet ski ing, swimming, fishing) on certain property located at the western extremity of Witchduck Court. Said parcel contains 54 acres. BAYSIDE BOROUGH. 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. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Paul J. Lanteigne 1 2 Item 111-H.l. ORDINANCE ITEM # 35677 Upon motion by Counci I woman McCl an an, seconded by Cou nci I man H,-- i schober, City Council ADOPTED: Ordinance to TRANSFER $35,226 within Department of General Services FY 1991-92 Operating Budget re construction contract for additional stairways at Sandbridge Beach. Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Absent Paul J. Lanteigne 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF 2 $35,226 WITHIN THE GENBRAT, SEAVICES DEPARTMENT TO FUND 3 CONSTRUCTION CONTRACTS FOR STAIRWAYS AT 4 SANDBRIDGE BEACH 5 6 7 WHEREAS, bide have been received to contract for the construction of an 8 additional six sets of steps at Sandbridge Beach; 9 WHEREAS, construction of the additional six set of steps would require 10 an additional appropriation of $35,226; 11 WHEREAS, funds have been identified within the Department of General 12 Services, Landscape Services Division FY 1991-92 Operating Budget to fund the 13 construction contract for the stairways; 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF is VIRGINIA BEACH, VIRGINIA: 16 That funds in the amount of $35,226 be transferred within the Department 17 of General Services FY 1991-92 operating Budget to fund the construction 18 contract for six additional stairways at Sandbridge Beach; 19 This ordinance shall be in effect from the date of its adoption. 20 Adopted by the Council of the City of Virginia Beach, Virginia on the 21 2 day of June 1992. v L.E APPROVED AS TO RONTEN OFROEOF - 13 - Item APPOINTMENTS ITEM # 35678 BY CONSENSUS, City Council RESCHEDULED: ARTS AND HUMANITIES COMMISSION GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION SOCIAL SERVICES BOARD - 14 - Item Ill-K.l.a. NEW BUSINESS ITEM # 35679 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council ADOPTED, AS AMENDED: Ordinance to establish a reintursement policy for expenses incurred by Members of City Council. *On page 2, Section 3, the following verbiage shall be added: On line 37, "Out-of-" shall be added betore the words "Region Travel" and after the words "Out-of- City/,'. On I ines 38 and 40 , "out-of -11 shal Ibe added before the words "region travel" and after the words "out-of-city/1'. On line 40 after the word "travel" and before the words "..authorized by the City Council", the words "in the course of official business as.." shall be added. Voting: 7-3 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Reba S. McCianan and Nancy K. Parker Council Members Absent Paul J. Lanteigne Requested by Vice-Mayor Robert E. Fentress 1 AN ORDINANCE TO ESTABLISH A 2 REIMBURSEMENT POLICY FOR IN-CITY 3 TRAVEL AND MEAL EXPENSES INCURRED BY 4 MEMBERS OF CITY COUNCIL 5 WHEREAS, by Ordinance adopted August 21, 1989, City 6 Council adopted a policy for the reimbursement of in-city travel 7 and meal expenses incurred by councilmembers in the conduct of 8 official business; 9 WHEREAS, by Ordinance adopted February 12, 1991, City 10 Council imposed limitations on the policy adopted August 21, 1989, 11 thereby restricting the eligibility for reimbursement of both in- 12 city and out-of-city travel expenses to those expenses authorized 13 by City Council, with the exception of the Mayor or a Councilmember 14 designated to represent the Mayor in the Mayor's absence; and 15 WHEREAS, City Council has determined that it is 16 reasonable for Councilmembers to be reimbursed for in-city travel 17 and meal expenses when such expenses are incurred by a 18 councilmember in the conduct of official City business. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That, consistent with the authorization provided by State 22 law, it shall be the policy of City Council to reimburse 23 Councilmembers for expenses incurred in the conduct of official 24 City business as follows: 25 1. 1-n-city and Regional Travel: For all regular and 26 special Council meetings, hearings, and workshops and for 27 attendance at all meetings or events necessary to the conduct of 28 the office of Councilmember, reimbursement will be provided for 29 travel from home to the meeting/event and return at the mileage 30 rate specified in the appropriation ordinance. Regional travel 31 shall be defined as travel in and between the Hampton Roads area 32 cities. 3 3 2 . Meals at Official In-City and Regional Functions: 34 Reimbursement will be provided for the cost of meals only when the 35 Councilmember is the official representative of the Council at the 36 event. 37 3. Out-of-City/Out-of-RegionTravel: Out-of-city/out- 38 of-region travel shall be defined as travel beyond the Hampton 39 Roads area cities. Councilmembers shall only be eligible for 40 travel expense reimbursements for out-of -city/out-of -region travel 41 in the course of official business as authorized by the City 42 Council; provided however, that this restriction shall not apply to 43 the Mayor or a City Council member designated by the Mayor to 44 represent the Mayor in the conduct of official City business. 45 BE IT FURTHER RESOLVED: 46 That this Ordinance shall supercede Ordinance No. 89- 47 1909B adopted by City Council on August 21, 1989, and Ordinance No. 48 91-2036A adopted by City Council on February 12, 1991, and that the 49 City's Official Travel Regulations be amended to reflect the 50 provisions set forth herein. 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia, on the 2 day of June 1992. 53 CA-4475 54 ORDIN\NONCODE\TRAVEL.ORD 55 R-4 2 - 15 - Item Ill-K.l.b.l. NEW BUSINESS ITEM # 35680 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to amend and reordain Section 6-10 of the Code of the City of Virginia Beach, Virginia, pertaining to use of skateboards in the resort district. Voting: 7-3 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Paul J. Lanteigne @s@d by Vi--Mayor Robert E. Fentress 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 6-10 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 USE OF SKATEBOARDS IN THE RESORT 6 DISTRICT. 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 6-10 of the Code of the City of Virginia Beach, 10 Virginia, is hereby amended and reordained to read as follows: 11 Section 6-10. Use of roller skates, skateboards, ate., on 12 boardwalk or grassy area, bicycle path, 13 oceanfront parks and plazas, public restrooms, 14 and sidewalks adjacent thereto. 15 (a) It shall be unlawful for any person to use roller skates, 16 roller blades, skateboards, toys or similar devices on wheels or 17 runners on the grassy area adjacent to the boardwalk, or on the 18 bicycle path, oceanfront parks and plazas, public restrooms, and 19 sidewalks adjacent thereto at any time. 20 (b) It shall be unlawful for any person to use roller skates, 21 roller blades, 9!Eatebeai-ds, toys or similar devices on wheels or 22 runners on any sidewalk along and east of Pacific Avenue from Rudee 23 Inlet to 42nd Street from 6:00 p.m. on the Friday before Memorial 24 Day Weekend to 6:00 p.m. Labor Day; provided, further, that 25 skateboards and similar wheeled devices which are not attached or 26 secured to the user shall not be used in. the above areas at any 27 time. 28 (c) It shall be unlawful for any person to use skateboards, 29 toys or similar devices on wheels or runners on the boardwalk at 30 any time; provided, however, that roller skates and roller blades 31 may be used on the boardwalk in compliance with subsection (d) 32 herein. 33 (d) It shall be unlawful for any person to use roller skates, 34 roller blades, skateboards, toys or similar devices on wheels or 35 runners, when otherwise permitted, recklessly or at a speed faster 36 than is reasonably proper, or in a manner so as to interfere with 3 7 pedestrians or to endanger the life, limb or property of the rider 38 or any other person. 39 (e) The provisions of this section shall not be applicable to 40 the use of wheelchairs for the transportation of disabled persons 41 or the use of baby carriages, strollers or related modes of 42 transportation for infants. 43 Adopted by the Council of the City of Virginia Beach, Virginia 44 on the 2 day of June 1992. 45 CA-4627 46 \ordin\proposed\06-010.pro 47 R-1 APPROVED AS TO 2 1 6 Item Ill-K.l.b.2.(a) NEW BUSINESS ITEM # 35681 Paul West, 1333 Gannet Run, Phone: 459-3400, represented the Eastern Surf ing Association, registered in SUPPORT of the Ordinance. Mr. West was not in OPPOSITION to the DEFERRAL of the Ordinance and concurred concerning changes in surfing hours at Sandbridge. Robert L. Yoder, 700 High Point Avenue, Phone: 422-8844, Vice President - CBM Company T/A Schooner Conpany, referenced his correspondence of June 2, 1991. Mr. Yoder spoke in OPPOSITION to the expansion to the surfing area directly North of 2-1/2 Street, or their south boundary. Said letter is hereby made a part of the record. Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council DEFERRED INDEFINITELY: Ordinance to AMEND and REORDAIN Section 6-116 of the Code of the City of Virginia Beach, Virginia, pertaining to surfing (boundaries, Oceanfront area). This DEFERRAL will enable the City Staff to meet with the property owners, the surfers and other interested parties to determine the surfing areas. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessorrs, Jr. Council Members Voting Nay: None Council Members Absent: Paul J. Lanteigne and Reba S. McClanan This ITEM was brought forward prior to the PLANNING AGENDA. 1 7 Item Ill-K.I.b.2.(b) NEW BUSINESS ITEM # 35682 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessorm, City Council AGREED to ADD to the AGENDA: Ordinance to AMEND and REORDAIN Section 6-116 ot the Code of the City of Virginia Beach, Virginia, re surfing (hours at Sandbridge). Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Meffbers Voting Nay: None Council Members Absent: Paul J. Lanteigne and Reba S. McClanan Item Ill-K.l.b.2.(b)- NEW BUSINESS ITEM 35683 Jim Martinette, 2824 Bluebill Drive, Phone: 721 -314 8, represented the Sandbridge Surf Cl ub and the Surt er' s Coalition Cou nc i I , spoke in SUPPORT of the Ordinance. Ben Lane, 2952 Sand Bend Road, Phone: 426-7384 , resident ot Sandbridge, I i feti me member of the Eastern Surf i ng Associ ation, spoke i n SUPPORT of the Ordinance. Mayor Oberndorf referenced letter from Mol ly Brown, President - Sandbridge Beach Civic League, which is hereby made a part of the record. Upon motion by Counci lwoman McClanan, seconded by Counci Iman Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 6-116 of the Code of the City of Virginia Beach, Virginia, re surfing (hours at Sandbridge). The City Staff wi I I also evaluate increasing the surf lng hours at the Ocean Front. 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. MeCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Paul J. Lanteigne APPROVED AS TO L CY 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 6-116 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 SURFING. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 6-116 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 6-116. SUrfing generally. 11 (a) It shall be unlawful for any person to surf or to use a 12 surfboard at any time in the littoral waters of the Atlantic ocean, 13 without a leash or tether joining surfer and board. 14 (b) It shall be unlawful for any person to surf or to use a 15 surfboard from Memorial Day Weekend to Labor Day Weekend, in the 16 city in the littoral waters of the Atlantic Ocean, except as 17 permitted herein: 18 (1) At the city recreation park, Little Island, at 19 places and times as designated by the director of 20 parks and recreation. 21 (2) South of Little Island Park to the state line, 22 between sunrise and sunset, subject to 23 restrictions that may be imposed by the United 24 States in the area owned by it. 25 (3) In the area between the southern boundary of the 26 United StateS Naval Reservation, Dam Neck, and 27 the northern line of Little Island Park, between 28 the hours of sunrise and sunset; except that, 29 between Memorial Day Weekend and Labor Day 30 Weekend, surfing is not permitted between the 31 hours Of 10:00 a.m. and 4:00 p.m. wee]Edays and- 32 19:09 a.%. and 6:09 p.m. .iee!Eends and helidays. 33 (4) In the areas north of the northern line of Camp 34 Pendleton to the southern boundary of 42nd 35 Street, between the hours of sunrise and sunset; 3 6 except that, between Memorial Day Weekend through 37 Labor Day Weekend, surfing is not permitted 38 between the hours of 10:00 a.m. and 4:00 p.m. 39 weekdays and 10:00 a.in. and 6:00 p.m. weekends 40 and holidays. Surfing is permitted in the area 41 three hundred (300) feet north of the center line 42 of 3rd Street prolongated eastward extending one 43 hundred (100) feet north of the center line of 44 5th Street prolongated eastward and in the area 45 eight hundred (800) feet south of the southern 46 jetty of Rudee Inlet and in the area five hundred 47 (500) feet north of the northern jetty of Rudee 48 Inlet between sunrise and sunset. 49 (5) In the areas from the southern boundary line of 42nd Street 50 north to the southern boundary line of Fort Story between the 51 hours of sunrise and sunset; except that surfing is not 52 permitted between Memorial Day Weekend through Labor Day 53 Weekend between the hours of 10:00 a.m. and 4:00 p.m. weekdays 54 and 10:00 a.m. and 6:00 p.m. weekends and holidays. 55 (6) In such posted surfing areas, not to exceed five hundred (500) 56 feet, as the city manager may from time to time set aside for 57 periods not to exceed forty-five (45) days. The city manager 58 shall file his reasons for establishing such areas, within 59 twenty-four (24) hours of such posting, with the city clerk. 60 (c) For purposes of this section, Memorial Day Weekend shall 61 be deemed to commence 6:00 p.m. the Friday before Memorial Day and 62 Labor Day Weekend shall be deemed to end at 6:00 p.m. Labor Day. 63 (d) Surfing is prohibited at all times, except as provided in 64 subsection (a)(6) above, within three hundred (300) feet north and 65 three hundred (300) feet south of the Wooden Fishing Pier located 66 between 14th Street and 15th Street, as well as the area between 67 the north and south jetties of Rudee Inlet. 68 (e) Any person who violates the provisions of this section 69 shall be guilty of a Class 4 misdemeanor. 2 70 Adopted by the Council of the City of Virginia Beach, Virginia 71 on the 2 day of June , 1992. 72 CA-4679 73 \ORDIN\PROPOSED\06-116X.PRO 74 R-2 3 1 9 Item Ill-K.I.b.3. NEW BUSINESS ITEM # 35684 Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED, AS REVISED: Ordinance to AMEND and REORDAIN Section 33-6 of the Code of the City of Virginia Beach, Virginia, pertaining to streets and sidewalks. 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 Absent: Paul J. Lanteigne Requested by Councilmembers Paul J. Lanteigne and Louis R. Jones 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 33-6 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 STREETS AND SIDEWALKS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 33-6 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 33-6. Sales conducted on or adjacent to the public 11 right-of-way. 12 For purposes of this section only, "sale or exchange$' shall be 13 defined as the advertising, displaying, offering or exchanging for 14 value of the below-mentioned items. 15 The sale or exchange of any item, including but not limited to 16 any and all goods, wares, flowers, prepared or unprepared food or 17 any other product by any person from any temporary structure, 18 including but not limited to any table or stand, or from any motor 19 vehicle, trailer, cart, dray, wagon, pushcart or any hand or pedal- 20 propelled vehicle shall be subject to the following regulations: 21 (a) Sales conducted in the public right-of-way. 22 (1) No such sale or exchange shall be made in any 23 street or public right-of-way along any street 24 for which the posted speed limit is greater than 25 twenty-five (25) miles per hour, nor shall such 26 sale or exchange be made in any street or public 27 right-of-way within twenty-five (25) feet of any 28 intersection. 29 (2) No person conducting such sale or exchange in any 30 street or public right-of-way may remain within 31 any one-block area for more than fifteen (15) 32 minutes before moving to another block. 33 Additionally, such sale or exchange may not be 34 repeated in the same block within any eight-hour 35 period. A block shall be understood to mean a 36 section of a street between its intersection with 37 two (2) adjoining streets, or a section of street 38 five hundred (500) feet in length, whichever is 39 shorter. 40 (3) The provisions of subsection (a) hereof shall not 41 apply to such sales or exchanges conducted on the 42 premises of the Virginia Beach Farmer's Market or 43 of any other commercial enterprise operated under 44 franchise agreement of permit authorized by the 45 city manager. 46 (b) Sales conducted on private property adjacent to the 47 public right-of-way. Persons conducting a sale or 48 exchange of the type described in this section on private 49 property, and persons allowing their private property to 50 be used for such sales or exchanges, shall be subject to 51 the following regulations: 52 (1) No sale or exchange shall take place or be 53 conducted, and no structure used for such sale or 54 exchange shall be located, within fifty (50) feet 55 of the closest edge of the nearest sidewalk 56 pavement, or street pavement if there is no 57 sidewalk, of any public right-of-way. 58 (2) The person conducting the sale or exchange shall 59 have obtained written permission to conduct such 60 activity from the owner of the property involved, 61 and shall have also obtained from such owner 62 exclusive control over any of the property, 63 within the allowed area, sufficient to ensure 64 that there is adequate space for the safe 65 circulation of traffic; such area shall not be 66 less than eight hundred (800) square feet. The 67 person conducting the sale or exchange shall not 68 allow any other activity to be conducted within 69 this minimal eight hundred (800) square foot 70 area. 2 71 (3) Such sales or exchanges shall not be conducted on 72 or from vacant lots. 73 (4) Before any person may conduct such sale or 74 exchange, such person must have provided to and 75 have had approved by the department of permits 76 and inspections a plat or site plan identifying 77 the location of the property on which the 78 activity is to be conducted and showing the 79 location of the structure from which the sale or 80 exchange activity will occur, the area under the 81 control of such person, and provisions for well- 82 defined vehicular entrances and exits. Such plat 83 or site plan shall be accompanied by a 84 nonrefundable fee of twenty-five dollars ($25.00) 85 for processing. After review and approval of 86 such plat or site plan by the department of 87 Permits and inspections, application shall be 88 made to the city manager or his designee for a 89 permit to engage in the activities covered by 90 this section, in accordance with this section and 91 the approved plat or site plan. Such application 92 shall state the name, address and telephone 93 number of the person or persons conducting the 94 activity, the days and hours of operation, and 95 shall include evidence of the property owner's 96 permission to so use the property, as required 97 above, as well as a copy of the approved plat or 98 site plan. Acopy of the permit issued by the 99 city manager or his designee as well as a copy of 100 the approved plat or site plan and the written 101 permission of the property owner shall be kept at 102 the site of the activity. Such permit must be 103 obtained before a business license for such 104 activity may be isrued, and shall be renewed 3 105 annually prior to the renewal of any business 106 license. 107 (5) The requirements of subsection (b) hereof shall 108 not apply to outdoor sales and exchanges which 109 occur as an incidental part of the retail sales 110 activity of a merchant regularly conducting ill business from a permanent building where such 112 sales are conducted on the premises of the 113 building and in close proximity to said building; 114 nor shall they apply to the otherwise lawful sale 115 of market produce and i-elateel items Processed 116 Agricultural such as lams and 117 !ellies; frem the site en iihieh they are grewnt 118 nor to garage sales in residential areas. 119 (6) Nothing herein shall exempt any person conducting 120 a sale or exchange of the type described herein 121 from the requirements of the comprehensive zoning 122 ordinance or any other applicable provision of 123 the law. 124 (7) A person who obtains a permit pursuant to 125 subsection (4), above, shall be allowed one sign 126 which shall be permanently attached to a motor 127 vehicle and which shall not exceed ten (10) 128 square feet in size. 129 (c) Compliance. Every person who obtains a permit under the 130 requirements of this section shall keep the permit, 131 approved plat or site plan and written permission of the 132 property owner in a convenient place and, whenever 133 requested to do so, shall exhibit the same to any police 134 officer, agent of the commissioner of revenue or 13 5 inspector for the department of permits and inspections. 136 Violation of any of the requirements of this section 137 shall constitute a Class 1 misdemeanor. The city manager 138 or his designee shall revoke the permit issued to any 4 139 person pursuant to subsection (b) (4) upon his conviction 140 of violating any of the provisions of this section. 141 Adopted by the Council of the City of Virginia Beach, Virginia 142 on the 2 day of June -, 1992. 143 CA-4686 144 \ORDIN\PROPOSED@33-006.PRO 145 R-3 5 - 20 - Item Ill-K.2. NEW BUSINESS ITEM # 35685 ADD-ON Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council: Instructed the City Attorney to investigate res i dency requ i rements re I ated to qu a I i f y i ng as a candidate for City Council election. The City Attorney will advise relative charter or other necesary amendments. Counci lwoman Parker wished to be also informed relative the State Code and the requirernents for State Office. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Reba S. McClanan' Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessom , Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober and Paul J. Lanteigne - 21 - Item 111-M.I. RECESS INTO ITEM # 35686 EXECUTIVE SESSION Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to conduct its EXECUTIVE SESSION (3:45 P.M.), pursuant to Section 2.1 -344 (A) Code of Virginia, as amended, for the following purposes: 1. LEGAL 14ATTERS: Consultation with legal counsel or brief ings by staff mernbers, consultants or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). To-Wit: City v. Riverlake Water Agency, Inc, Upon motion by Counci iman Sessoms, seconded by Vice Mayor Fentress, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, 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 Absent: Harold Heischober and Paul J. Lanteigne - 22 - Item 111-M.2. RECONVENE FORMAL SESSION ITEM # 35687 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counci I Chamber, City Hal I Bui Iding, on Tuesday, June 2, 1992, at 4:05 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessom , Jr. Council Members Absent: Harold Heischober and Paul J. Lanteigne - 23 - Item Ill-M.3. CERTIFICATION OF EXECUTIVE SESSION ITEM # 35688 Upon motion by Vice Mayor Fentress, seconded by Councilman Jones ' 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 identitied in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A Baum, James W. Brazier, Jr., Robert W. Clyburn Vice Mayor Robert E. Fentress, Louis R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessous, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober and Paul J. Lanteigne 4b, wro tlltt CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into FXFCLITIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 35686, Page No. 21 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 Executije 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 know,ledge, (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. uth Hdg. Sith, CMCIAAE City Clerk June 2, 1992 - 24 - Item 111-N.I. ADJOURNMENT ITEM # 35689 Upon motion by Counci I man Baum, and BY CONSENSUS, City Counci I ADJOURNED the Meeting at 4:05 P.M. Be,.,l 0. H.. Chief Deputy City Clerk .th Hdg s; Sm',th, CMCIAAE Meyera E. 0 erndorf City Clerk Mayor City of Virginia Beach Virginia