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HomeMy WebLinkAboutAUGUST 21, 1989 "WORLD'S LARGEST RESORT Cmy" CM COUNCIL -YO@ EYE- E, A, M"@ M UM S UX@@. 1.@- ]..N D -@ K-,-ill, N@@l K, P@R, I.., PE-1. .,- JR,, 11 281 CITY HALL BUILDING MUNICIPAL CENTFR AUB.' V .@M. JR, Ci@, CITY COUNCIL AGENDA VIRG[NIA BEACH, VIRGINIA 234M-9002 1 D- BI..', Cil, Al- (804) 427-4303 R@IH H.-F.S S.IH, li@ C.@ August 21, 1989 ITEM 1. CITY MANAGER'S BRIEFINGS - Conference Roorn - 11:00 AM A. REGIONAL JAIL FACILITY Arthur Collins, Southeastern Virginia Planning District Commission B. HOMELESS INTERVENTION GRANT Maryann 1. Ustick, Director, Housing and Neighborhood Preservation ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 12:00 NOON A. CITY COUNCIL CONCERNS 1TEM 111. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Rabbi Israel Bornstein B'Nai Israel Congregation B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - August 14, 1989 2. SPECIAL SESSION - August 16, 1989 F. RESOLUTION/ORDINANCES 1. Resolution requesting the Commonwealth Transportation Board and the V I rg I n I a Department of Transportat I on cea se the po I 1 cy a I I ow i ng tree trimming on public right-of-way In front of billboards. Deferred August 7, 1989 2. Ordiiiance to AMEND and REORDAIN Section 21-424 of the Code of the City of Virginia Beach, Virginia, re release of a vehicle to Its owner or custodian prior to towing. Deferred August 7, 1989 3. Ordiiiance to AMEND and REORDAIN Article Ill of Chapter 30 of the Code of the City of Virginia Beach, Virginia, re erosion and sediment control. 4. Ordiiiance to AMEND and REORDAIN Section 6-114 of the Code of the City of Virginia Beach, Virginia, re launching or landing any watercraft In certain areas. 5. Ordiriance to ESTABLISH a reimbursement policy for In-city travel and meal expenses Incurred by members of City Council while conducting official business. 6. Ordinance, upon SECOND READING, authorizing Issuance of School Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $68,378,000 subject to the approval of the qualified voters. 7. Orditiance to TRANSFER $164,796 from General Fund Reserves to fund the City's portion of the Regional Jail Facility Study. G. CONSENT AGENDA All matters listed under the Cons(,nt Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item Is removed frorn the Consent Agenda, it will be discussed and voted upon separately. 1. Request of Public Works for approval of study phase recommendations and authorize the City Manager to proceed with the design phase of rural road Improvements: Flanagans Lan(,', Creeds Park and Munden Point Road curve sections. 2. Resolution endorsing the construction of additional capacity in the 1-64 Corridor as it crosses Hampton Roads and on Route 17. 3. Ordinancp- to authorize acquisition of property in fee simple for right-of-way for Independence Boulevard, Phase IIA-2, and the acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation. 4. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE a $112,500 Grant from the Commonwealth of Virginia Department of liousing and Community Development for a Horneless Intervention Program. 5 Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE $2,590 in additional state aid f unds into the Department of Libraries FY 1989-1990 operatlng budget. 6. Ordinance to TRANSFER $25,000 from Proj(,,ct 3-975 Joint Vehicle Maintenance Facility to Project 3-990 Cape Henry Lighthouse Study re preservation of the Lighthouse. 7. Ordinance to authorize a temporary encroachment into a portion of the right-of-way known as 151 alley, Croatan Beach, to Robert A. Barr and Mary L. Barr, their heirs, assigns and successors in title (LYNNHAVEN BOROUGH). 8. LOW BIDS: a. McKenzie Construction Corporation in the amount of $970,000 for Fire Station #3, London Bridge (CIP 3-945). b. Meredith and Drake Construction, Inc. in the amount of $928,000 f or City Gateway Project, Visitor Information Center (CIP 2-054). c. Contractors Paving Cornpany, Inc. in the amounts of $62,363.80 for right-of-way improvements for Indian River Road at 1-64 Off Ramp and Centerville Turnpike (CIP 2-816). d. River Road (CiPs 6-980 and 5-030): 1. Suburban Grading & Utilities, Inc. in the amount of $631,438.68 for Sanitary Sewer and Water Improvements - Contract 1. 2. Shoreline Contractors, Inc. in the amount of $93,670 for Sewer Pump Station - Contract Ii. 9. Ordinance authorizing tax refunds in the amount of $5,940.95. H. APPOINTMENTS: DEVELOPMENT AUTHORITY PUBLIC LIBRARY BOARD 1. UNFINISHED BUSINESS 1. Resolution dir@-cting the City Manager to proceed with tile construction of the Judicial Center Project along with an option for financing the project. J. NEW BUSINESS K. ADJOURNMENT CITY COUNCIL HOLIDAYS SEPTEMBER 4, 1989 LABOR DAY SEPTEMBER 25, 1989 APTA CONFERENCE Atlanta, Georgia SEPTEMBER 30, 1989 ROSH HASHANNAH OCTOBER 9, 1989 YOM KIPPUR OCTOBER 16, 1989 VIRGINIA MUNICIPAL LEAGUE CITY COUNCIL SESSIONS RESCHEDULED OCTOBER 30, 1989 2:00 PM RESCHEDULE OF OCTOBER 9 and 16 Al I other Sessions wi I I be in accordance with the City Code mlm 8/17/89 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 21, 1989 Tlie CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall on @ionday, August 21, 1989, at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baurq, Vice @layor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: John D. Moss (ENTERED: 11:10 A.M.) John L. Perry (ENTERED: 12:25 (EXECUTIVE SESSION) (Visiting his wife ifi the hospital) Nancy K. Parker (ENTERED: 2:05 P.M. (FORt4AL SESSTON) (her daughter was very ill) Williar,i D. Sessoms (ENTERED: 11:13 A.M.) - 2 - C I T Y M A N A C E R 'S B R I E F I N G HOMELESS INTERVENTION GRANT 11:02 A.M. ITEM # 31667 Maryann Ustick, Director, Housing and Neighborhood Preservation, advised that the Homeless Intervention Grant is only one of many efforts to solve the problem of Homelessness in Virginia Beach. Many families who experience temporary financial crises due to loss of employment, medical emergencies or other personal crises, could probably be maintained in their homes if the funds were available to enable them to get back to their feet. Last year, Maryann Ustick testified before the Virginia Housing Study Commission and requested the General Assembly consider the possibility of recommending a homeless prevention program in addition to shelter programs, which had been funded by the State for approximately two years. This testimony focused on the premise that this expenditure for prevention tends to be far more cost effective in the long run than continuing to fund the expansion of shelter beds and the support services which accompany these shelter facilities. Providing funds and support services to keep families in their housing would most certainly reduce the number of shelter beds requested not only in Virginia Beach, but throughout the State. So, based on the recommendation of the Virginia Housing Study Commission, the General Assembly recently approved a $1.026-MILLION demonstration program entitled the Homeless Intervention Program to be implemented at eight (8) demonstration sites throughout the Commonwealth. On July 10, 1989, City Council APPROVED an Ordinance authorizing the City Manager to apply for these funds. The Department of Housing and Neighborhood Preservation submitted an application on July Twenty-first. Applications were ranked according to the following criteria: Administrative capacity Program Design Linkages and leveraging On August Eleventh, the City was awarded a Housing Intervention Program Grant in the amount of $112,500 to implement a demonstration program. The City's application was ranked No. I in the State and one of eight Demonstration Sites in the program. The State Department of Housing will evaluate the City's program to determine its cost effectiveness in preventing homelessness and providing permanent housing, as well as providing long term self-sufficiency. Maryann Ustick cited the key elements of the program: Creation of the Homeless Intervention Network Provide no-interest loans which can be deferred for back mortgage payments and also partial mortgage payments for up to a three month period until a household can recover from its crises. Provide no-interest loans which can be deferred for security and utility deposits to assist individuals in shelters to obtain permanent housing. Provide grants for back rent up to six (6) months and total or partial rent payments up to three (3) months. Rent payments can also be provided to homeless persons to enable them to obtain and also to maintain permanent housing. - 3 - C I T Y M A N A G E R 'S B R I E F I N G HOMELESS INTERVENTION GRANT 11:00 A.M. ITEM # 31667 (Continued) A temporary staff person must be hired to provide case managernent counseling, referral and follow up to assist clients achieving the goals of the self-sufficiency plan. Family services and, in particular, their consumer credit counseling unit, will provide the initial screening for this program. The Case Manager will be advised on financial needs and provide budget counseling for a period up to three years, if required. (Family Services are donating these counseling services at no cost to the client and no cost to the City.) The Homeless Intervention Program will last approximately nine (9) months from October until June and hopefully the General Assembly will re-fund the program. Maryann Ustick introduced Andrew M. Friedman, Development Administrator - Housing and Neighborhood Preservation. Andrew M. Friedman among his other job responsibilities, is also the City's Homeless Coordinator. Maryann Ustick advised the Members of the Network: Housing and Neighborhood Preservation Virginia Ecumenical Housing St. Columbo Ecumenical Ministries Virginia Beach Christian Outreach Group Comprehensive Mental Health and Substance Abuse Services Department of Social Services Mother's, Tncorporated Family Services Virginia Beach Community Development Corporation Department of Agricultural Extension Services YWCA Stop Organization *While the Southeastern Job Training Administration is not technically a Member of the Network, they still have committed critical resources and services to this program. - 4 - C I T Y M A N A G E R 'S B R I E F I N G REGIONAL JAIL FACILITY 11:20 A.M. ITEM # 31668 Arthur Collins, Executive Director, Southeastern Virginia Planning District Conunission, reviewed the status of the Regional Jail Program. The Regional Jail Facility is designed to accommodate the overflow in local jails. It is designed for the type of prisoner currently in the local facilities. The Phase T study will encompass program planning, site analysis including environmental considerations, schematic facility design and cost estimates for facility construction and operation based on the recommended correctional programs and design. Some of the discretion should be removed from the Department of Corrections in terms of the type of prisoner they can leave in a regional facility. The Code should reflect improper inmates cannot be placed or kept in the regional facility. The current legislation provides for "up to 50%" reimbursement. It would be more appropriate for the legislation to denote "less than" or "will be 50%". PRORATED COST FOR PHASE I DESIGN SERVICES Locality Population of Total Cost Chesapeake 141,500 11 $ 66,625 Franklin 7,800 1 3,673 Norfolk 280,800 22 132,214 Portsmouth 110,100 9 51,840 Suffolk 52,200 4 24,578 Virginia Beach 350,000 27 164,796 Hampton 128,000 10 60,268 Newport News 162,800 13 76,654 York 41,100 3 19,352 TOTAL 1,274,300 @oo $600,000 Obviously, if the number of participating localities changes, the cost to each of the remaining localities will change, accordingly. Any local funding for Phase I will be repaid to the communities from the proceeds of the bond issue when Phase II (construction) is authorized. The Regional Agency would be responsible for transporting the inmates back and forth. Suffolk, Isle of Wight and Franklin are proceeding with their own program. The Mayors and Managers group will bring back to the City Council a concurrent resolution identifying the site and consideration with the Host Community before funds are expended. Mayor Oberndorf hoped the SVPDC would be able to reason with those responsible members of the General Assembly to sponsor at least 50% of the Regional Jail. Au ust 21 1989 - 5 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 31669 The City Manager referenced the Ordlnance to TRANSFER $25,000 from Project 3- 975 Joint Vehicle Maintenance Facility to Project 3-990 Cape Henry Lighthouse Study re preservation of the Lighthouse. (See Item IV-G.6 of the CONSENT AGENDA.) The City %nager advised information had been distributed relative this item. James A. Wright, Director of the Southeastern Branch of the Association for Preservation of Virginia Antiquities,will be In attendance to respond to City Council concerns. Councilman Baun disclosed the payment of dues to this Association and whether this constituted a Conflict of Interest. The City Attorney advised rouncilman Baun was not in Gonflict. ITEM # 31670 The City Manager referenced the Ordlnance, upon SECOND READING, authorizing Issuance of School Bonds of the City of Virginia Beach, Virginla, in the maximum amount of $68,378,000 subject to the approval of the qualified voters. (See Itern IV-F.6 RESOLUTION/ORDINANCE.) Acting City Attorney Kevin Cosgrove distributed copies of three alternatives of proposed wording to appear on the Ballot. Alternate A is the question as currently appears on the Court Order in the Agenda, The School Board Bond Referendum Steering Committee met on Wednesday, August 16, 1989, and suggested minor alterations to the question (Alternate B and C). The schools have been Identified in the beginning of the question rather than the end. Minor syntax changes have also been made. The only difference between Alternate B and C is the phrase "among other projects". This phrase has been deleted from Alternate C. The Acting City Attorney advised if funds rernained after the cornpletion of the projects mentioned on the ballot and there was a desire to utilize these rernalning funds on other projects, the funds would have to be revalidated by the Court. As Alternate B Included the phrase "among other projectstf, these rernaining funds would not have to be revalidated, but an appropriation would be necessary for a specific project. Councilman Heischober advised the unused funds could also be returned via a tax reduction. C,ouncilwoman McClanan inquired whether more definitive Information had been received relative the Kellam/Bayside renovations as the information forwarded was not specific. The City Manager advised a representative will be in attendance during the Formal Session to respond to City Council concerns. ITEM # 31671 Councilman Moss apologlzed for the delay in forwarding to Members of City Council the latest definition of "excellence In education" which the "TURN OF THE CENTURY STRATEGIC PLANNING COMMITTEE" plans to utilize. Councilman Moss would appreciate comments of City Council. - 6 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 31672 Councilman Moss referenced the Southeastern District Planning Commission News I etter. One of the top!cs bel ng d i scussed was reg lona I f und i ng or to II authority. Councilman Moss requested a presentation concerning same. Councilman Moss was not In favor of additional regional taxing authorities. The Mayor advl sed Governor BaIIles and Secretary Watts would 1 Ike to brl ng to the attention of the I ocal It les any f uture transportation tund i ng wi II be the res ponsibIII ty of the l oca l iti es and the region. The l oca l Iti es could not continue to expect the support thought to be the legitimate responsibility of the General Assembly. The Governor is following that concept with the impetus for the regional jail and has a few more projects the State is desirous to be funded by the localities. Councilman MDss expressed concern relative regional funding. Councilman Moss sensed a different jurisdiction and discretionary authority than anticipated. Councilwoman McClanan advised she distributed the newsletter to Members of City Council. ITEM # 31673 Councilman Moss distributed a revised Resolution endorsing the constructlon of addltional capacity in the 1-64 Corridor as It crosses Hampton Roads and on RDute 17. (See Item IV-G.2 of the CONSENT AGENDA.) This Revised Resolution Included the reqliest of the widening of 1-64 frcrn the Naval Base to Greenbrier. Both requests should be of equal priority. ITEM # 31674 Councilman MDss advised the Growth Management Citizens Corivnittee was Chaired by Jack Whitney, who was not a citizen ot the City. Councilman Baum advised Jack Whitney was a Member ot the Staff who had been significantly involved with the Issue of Growth Mangement. The Temporary Chairman of the aforementioned Cormnittee made It clear he was not interested in assuming the Chair. Two other Individuals nominated refused. Councilman Baun advised Jack Whitney was an admired professional and would be an Impartial presider at the Meetings. Councilwoman Henley advlsed this was a Citizens Committee who unanimously elected their own Cha]rTnan. Jack Whitney Is a most respected Individual with considerable expertise. ITEM # 31675 Vlce Mayor Fentress requested the City Statf Investigate penalties for detacing private or public property and determine if said penalties are sufficient. 89 - 7 - ITEM # 31676 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf In the Conference Room, City Hall Building, on Monday, August 21, 1989, at 12:00 NOON. Council Members Present: Albert W. Balko, John A. BaLXn, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, and Wliliam D. Sessoms, Jr. Council Members Absent: Nancy K. Parker and John L. Perry - 8 - ITEM # 31677 Mayor Wyera E. Oberndorf enterta I ned a mot ion to perm 1 t Cl ty Counc I I to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discusslon or consideration of prospective candidates for appointm n@t of specific public officers, appointees or employees pursuant to Section 2.1-344(A) (1). (1) Appointment of City appointive Boards and Commlssions. 2. LEGAL HATTERS: Consul tat Ion wl th I ega I counse I or brief I ngs by staf f members, consultants or attorneys, pertaining to actual or probable I It igat Ion, or other spec i f i c I ega I matters req uest I ng the prov i s Ion of legal advice by counsel pursuant to Section 2.1-344 (A) (7). (1) Consultation with legal counsel on the status of the downzoning litigation. Upon motion by Councilman Balko, seconded by Councilman BauTi, City Council voted to proceed Into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. BaLrn, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. NtClanan, John D. Moss, Veyor Meyera E. Oberndorf, and William D. Sessorns, Jr. Council Vembers Voting Nay: None Council Wmbers Absent: Nancy K. Parker and John L. Perry C)ouncliman Perry entered the Executive Session at 12:25 P.M. - 9 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL August 21, 1989 2:00 P.M. %yor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL In the Council Chambers, City Hal I Bui Iding, on tbnday, August 21, 1989, at 2:00 P.M. Counci I Members Present: Albert W. Balko, John A. BauTi, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, John L. Perry and Wllliam D. Sessoms, Jr. Council Members Absent: Nancy K. Parker INVOCATION: Rabbi Israel Bornstein B'Nai Israel Congregation PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Counci lwoman Parker ENTERED the FORMAL SESSION at 2:05 P.M. - 10 - Item IV-D. INTRODUCTION ITEM # 31678 Mayor Oberndorf recognized the International School at Dam Neck in attendance during the City Council Session. Those Countries represented were Korea, Columbia, Argentina, Morocco and Peru. The Mayor requested the City Clerk to distribute City Seal pins to all representatives. Au ust 21 1989 Item IV-D.l. CERTIFICATION OF EXECUTIVE SESSION ITEM # 31679 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION Only pubilc business matters lawfully exempted from Open Weting requirernents by Vlrglnla law were discussed in E)<ecutive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening this F)<ecutive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. BaLirn, Vice %yor Robert E. Fentress, Harold Helschober, Barbara M. Henley, Reba S. WClanan, John D. Moss, Mayor Meyera E. Oberndorf, John L. Perry and William D. Sessorns, Jr. Council Meml>ers Voting Nay: None Council Members Absent: Nancy K. Parker L CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here 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 sucli Executive Sessi.on 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 I)ublic 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 Vir-inia Beach City Council. MOTION; Upon motion by Councilman Balko, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: Discussion or consideration of prospective candidates for appointment of specific public officers, appointees or employees pursuant to Section 2.1-344(A) (1). (1) Appointment of City appointive Boards and Commissions. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2. 1-344 (A) (7). (1) Consultation with legal counsel on the status of the downzoning litigation. VOTE: 9-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert E. lione Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor @leyera E. Oberndorf and William D. Sessoms, Jr. Council Members ABSTAINING: Council Members ABSENT for the Vote: None Nancy K. Parker and John L. Perry Council Members ABSENT for the Meeting: Nancy K. Parker "Councilman John L. Perry entered the Executive Session at 12:25 P.M. h Hodges Smith, CMC/AAE City Clerk - 12 - Item IV-E.l. MINUTES ITEM # 31680 Upon motion by C<)unci Iman Moss, seconded by Vice Mayor Fentress, City Counci I APPROVED the MINUTES of the INFOR14AL AND FORMAL SESSIONS of August 14, 1989, and the SPECIAL SESSION of August 16, 1989. The City Clerk distributed a CORRECTED version of page 35, ITEM # 31646 (City Counci I Minutes of August 14, 1989). The Motion should have CORRECTLY read: Upon motion by Counci Iman Sessorns, seconded by Councilman Perry, City Council ADOPTED, AS AMENDED*: Ordinance to TRANSFER $5,000 to FIRST NIGHT VIRGINIA BEACH for a New Yearis Celebration of the Arts on December 31, 1989 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice Voyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Veyor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Mernbers Absent: None - 13 - Item IV-F.I. RESOLUTION/ORDINANCES ITEM # 31681 Upon motion by Counci l woman Parker, seconded by Counci Iman Moss, City Counci I ADOPTED: Resolutlon requesting the Commonwealth Transportation Board and the Virginia Department of Transportation cease the policy allowing tree trimming on public right-of-way In front of billboards. Voting: 6-5 Council Members Voting Aye: Albert W. Balko, Barbara M. Fbniey, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. BaLrn, Vice Veyor Rc>bert E. Fentress, Harold Heischober, John L. Perry and William D. Sessoms, Jr. Council @mbers Absent: None Requested by Councilwoman Parker RESOLUTION wHERFAS the Commonwealth Transportation Board has in place, a three year old program that allows limited trimming of trees in front of billboards on certain highways; and wHEREAS the board is now considering whether to make the policy permanent; and the trimming of trees on public right-of-way in order to benefit private industry constitutes an unwarranted act by the Commonwealth Transportation Board. NOW, THEREFORE LET IT BE RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BF-ACH that the Commonwealth Transportation Board and the Virginia Department of Transportation are requested to end the policy that allows the trimming of trees on public right- of-way in front of billboards; and BE IT FURTHER RESOLVED that Council of the City of Virginia Beach request this policy be ended because public property is held as a trust by the Commonwealth and should be preserved to the extent possible for all the residents of our Commonwealth, and the trimming of trees along public right-of-way on highways so as to make billboards more visible is a dangerous precedent for the Commonwealth to continue; and BE IT FURTHER RESOLVED the Clerk of the Council of the City of Virginia Beach is directed to disseminate this resolution to the Governor, the Conunonwealth Transportation Board, and our General Assembly Delegation. Adopted by the Council of the City of Virginia Beach on this 21 day of August, 1989. - 14 - Item IV-F.2. RESOLUTION/ORDINANCES ITEM # 31682 Act i ng Cl ty Attorney Kev in Cosgrove and Ass l stant Cl ty Attorney Willlam Byman advised the clarification ot the process of Ithook i ng up" rather than physicall y posit Ioned. The Ordin ance has been further AMENDED to a I low the rernoval of personal items from the vehicle prior to its being towed and to require the tow truck operator to provide a copy of this Ordinance. Upon motion by Councilman BaLm, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to MEND and REORDAIN Section 21-424 of the Code of the City ot Virginia Beach, Virginia, re release of a vehicle to Its owner or custodian prior to towing. Voting: 10-1 Councli Members Voting Aye: Albert W. Balko, John A. BaLm, Vice @yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Veyor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Willlam D. Sessoms, Jr. Council Members Voting Nay: Reba S. VcClanan Council Members Absent: None 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 21-424 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO THE RELEASE OF 5 VEHICLE TO OWNER OR CUSTODIAN PRIOR 6 TO TOWING 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That Scction 21-424 of the Code of the City of Virginia 10 Beach, Virginia, is hereby amended and reordained to read as 11 follows: 12 Section 21-424. Release of vehicle to owner or custodian prior 13 to towing. 14 (a) If the owner or custodian of any vehicle not 15 authorized to be parked in a private lot returns after a tow 16 truck service has arrived but before the vehicle has been towed 17 from the private lot, he may reclaim the vehicle whether or not 18 it is fully hooked up to the tow truck and it shall be unlawful 19 for the tow truck service or opcrator to refuse to release the 20 vehicle; however, if the vehicle has been hooked up or is in the 21 process of being hooked up, the tow truck operator may charge a 22 fee not to exceed fifteen dollars ($15.00) -t 23 before releasinq the vehicle or discontinuing the towing process. 24 The process of hooking up shall include (i) the reinoval and/or 25 unreeling of any towinq equipment from the tow truck after the 26 truck is positioned to effect the tow, whether or not attachment 27 is made to the vehicle, or (ii) the lowering of a hydraulically 28 operated lift preparatory to loading the vehicle. 29 (b) If the owner or custodian is unable or unwilling 30 to pay this fec, under the above circumstances, and the vehicle 31 is stibsequently towed, no fee in excess of twentv-five dollars 32 ($25.00) shall be charqed for thc tow. The tow truc rator 33 shall Permit an owncr or custodian who rcturns to his vehicle 34 under these circumstanccs to rcmove personal items from the 35 vehicle prior to its being towed. 36 (c) No tow truck operator shall request payment of the 37 charge authorized by this section, or tow any vehicle thereafter 38 if the charqe is not paid, unless he shall first provide to the 39 owner or custodian a copy of this section. 40 Adopted by the Council of thc City of Virginia Beach, 41 Virginia on 21st day of __i,upust 1989. 42 WEB/lmt 43 06/22/89 44 08/10/89 45 CA-03380 46 \ordin\proposed\21-424.pro 2 - 15 - Item IV-F.3. RESOLUTION/ORDINANCES ITEM # 31683 Vincent Napolitano, 406 Vanderbilt Avenue, Phone: 474-0888, First Vice President of Tidewater Builders Association. Vincent Napolitano advised the endorsement of the changes but expressed three areas of concern: (1) Section 30-61 Program administration, plan review and inspection fee; (2) Better notification regarding items affecting TBA to enable working in unison with the City to prepare quality, long range plans for the future development of Virginia Beach; (3) This proposed fee should have been included at the same time the other fees were addressed on May 15, 1989. Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City Council ADOPTED, subject to possible amendment of Section 30-61, relative fees.* Ordinance to AMEND and REORDAIN Article III of Chapter 30 of the Code of the City of Virginia Beach, Virginia, re erosion and sediment control. *The City Attorney shall meet with representatives of the Tidewater Builders Association and shall return to City Council September 11, 1989, with further recommended amendment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ARTICLE III OF CHAPTER 30 OF THE 3 CODE OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO EROSION AND 5 SEDIMENT CONTROL 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Article III of Chapter 30 of the Code of the City of 9 Virginia Beach, Virginia, is hereby amended and reordained to read 10 as follows: 11 ARTICLE III. EROSION AND SEDIMENT CONTROL AND TREE PROTECTION 12 DIVISION 1. GENERALLY 13 Section 30-56. Findings of council. 14 The city council has determined that the trees and the lands 15 and waters comprising the watersheds of the city are great natural 16 resources; that as a result of erosion of lands by both winds and 17 water and sediment deposition in waters within the watersheds of 18 the city, such waters are being polluted and despoiled to such a 19 degree that fish, aquatic life, recreation and other uses of lands 20 and waters are being adversely affected; that the rapid shift in 21 land use from agricultural to nonagricultural uses has accelerated 22 the processes of soil erosion and sedimentation and tree removal; 23 and that it is necessary to establish and implement, through the 24 division of engineering-F of the department of public works, a 25 city-wide coordinated erosion and sediment control program to 26 conserve and to protect the land, water, air, trees and other 27 natural resources of the city. 28 Section 30-57. Definitions. 29 As used in this article, the following words and terms shall 30 have the meanings ascribed to them in this section, unless the 31 context clearly indicates otherwi5e requires a different meaning: 32 Applicant in 33 control iplan for approval or requesting the issuance of a permit_ 34 when reguired, authorizing land-disturbing activities to commence. 35 Conservation plan, erosion and sediment control and tree 36 protection plan, or plan RhAll means a document containing 37 material for the conservation of trees and of soil and water 38 resources of a unit or group of units of land. It may include 39 appropriate maps, an appropriate soil, and water and tree plan 40 inventory and management information with needed interpretations, 41 and a record of decisions contributing to conservation treatment. 42 The plan shall contain all major conservation decisions to assure 43 that the entire unit or units of land will be so treated to 44 achieve the conservation objectives. 45 ata-n,]-a-rda and specifin2t:iong or %ttapelarc3g and 46 specificationg gh;all ;RPal4 PGIIG:ier., rjuidelineg, 47 wr-itten pr-oGedur-es, r-equir-ements Or- PlanG tg Ggl;t=Ql Qr-QRiOn AInd. 48 AR dpr@r-ib,-d i-n tb,- "ITi-r-rjinia Er-osion ;4ncl gncli 49 r-nntr-ol H;4.nc3.bool, SeGc)nd Edition, 199011; raiGl GleGG;Rent is ado@ 50 hor-c-;.xi-t,h ;;.nd. iRGor-por-ated by ;ind i-r fi-1-6-Ci the Git" 51 enGjii4eer- and city Gler-k fnr- r-pfpr-pngp 52 r,!roiai-on. a.mcl. R,d.im.an.t con.t--ol pr-ocjr--m or contr-ol p;rogram shall 53 ;nean the pr-o,@i@iong ;;nd r-equir-eiaents nf thir 54 be emp!Gyed i-n th.o fa@. Qf gn progi-on And gAdi-m-pnt. gnntr-nl R.nd 55 tr-ee prGteGt!Gn plan to r-egulate land disturbing 56 ther-eby miniraizn Pr-nrinn ;4.n.d 57 trppg the Gity 58 District or soil and water conservation district means the 59 city of Virginia Beach, a Political subdivision of this 60 Commonwealth. 61 Erosion Impact Area means an area of land not associated with 62 current land-disturbing activity but subiect to Persistent soil 63 erosion resulting in the delivery of sediment onto neighboring 64 properties or into state waters. This definition shall not apply 65 to any lot or parcel of land of one acre or less used for 2 66 residential Purposes or to shorelines where the erosion results 67 from wave action or other coastal Processes. 68 Land-disturbing activity r-ball means any land change which 69 may result in soil erosion from water or wind and the movement of 70 sediments into state waters or onto lands in the city, including, 71 but not limited to, clearing, grading, excavating, transporting, 72 and filling of land, othpr- th.;a.n FeGieral landg, except that the 73 term shall not include: 74 (1) -inor land-disturbing activities such as home 75 gardens and individual home landscaping, repairs and 76 maintenance work--L 77 (2) Individual service connections--L 78 (3) Constr-UGtiOn, inrtgll;;tiQn or- nf PI-nr-tr-i-r- 79 and telephone utilit5, li@ so (@3 Installation, maintenance or repair of any underground 81 public utility lines when such activity occurs on an 82 existing hard surfaced road, street or 83 sidewalk, provided ri3r-h the land-disturbing activity is 84 confined to the area of the road, street or sidewalk 85 which is hard surfaced--L 86 (@4) Septic tank lines or drainage fields, unless included in 87 an overall plan for land-disturbing activity relating to 88 the construction of the building to be served by the 89 septic tank system--L 90 (@5) Surface or deep mining; 91 (6) @Exploration or drilling for oil and gas, including the 92 well site, roads, feeder lines and off-site disposal 93 areas-_L 94 (7) Tilling, planting or harvesting of agricultural, 95 horticultural or forest crops or pr-odugts livestock 96 feedlot operations; including engineering operations as 97 follows: construction of terraces, terrace outlets, 98 check dams, desilting basins, dikes, 1ponds, ditches, 99 strip cropping, lister furrowing, contour cultivating, 100 contour furrowing, land drainage and land irrigation; 3 101 (8) GGnstrUction,@Repair or rebuilding of the tracks, 102 right-of-way, bridges, communication facilities and 103 other related structures and facilities of a railroad 104 company--L 105 (9) Agricultural engineerincf operations includincr but not 106 limited to the construction of terraces, terrace 107 outlets, check dams, desilting basins, dikes, ponds not 108 required to comply with the Dam Safety Act, Chapter 8.1 109 (Section 62.1-115.1 et. seg.), ditches, strip cropping, 110 lister furrowing, contour cultivating, contour ill furrowing, land drainage and land irrigation; 112 (@10) Preparation for single-family residences separately 113 built, unless in conjunction with multiple construction 114 in a subdivision development, -L 9;@Gept whei; this agtivit@, 115 takes place in any floodplain ar-ea ar- 116 goning ordinango + 117 (@l 1) Disturbed land areas for- n.on.no 118 uses of less than ton th.ni-@.P;a.nrl-410,000-Y square feet in 119 size, except when this activity takes place in any 120 floodplain area, as defined in the zoning ordinance--L* 121 (@12) Installation of fence and sign posts or telephone and 122 electric poles and other kinds of posts or poles--L 123 (@13) Shore erosion control projects on tidal waters 12 4 by the roil and ;rats-r- d-igt.r-i-c:tr 12 5 i-n ;Ixh..i-r-h. th.,- pr-ojegts ar-,- IOG;it,-d nr- the 126 proiects are approved by the Wetlands Board of the city 127 of Vircrinia Beach, by the F;t;at,- mmarine -rresources 128 --Commission or the U.S. Army Corps of Engineers--L 129 (@14) Emergency work to protect life, limb or property and 130 emergency repairs; provided that however, if the land- 131 disturbing activity would have required an approved 132 erosion and sediment control and tree protection plan, 13 3 if the activity were not an emergency, then the land 134 area disturbed shall be shaped and stabilized in 135 accordance with the requirements of the city engineer. 4 13 6 Local erosion and sediment control program or local control 137 program means an outline of the various methods emioloved by a 138 district or locality to regulate land-disturbing activities and 139 thereby minimize erosion and sedimentation in compliance with the 14 0 state program and may include such items as local ordinances, 141 policies and guidelines, technical materials, inspection, 142 enforcement, and evaluation.. 14 3 owner means the owner or owners of the freehold of the 144 premises or lesser estate therein, a mortgagee or vendee in 145 possession, assignee of rents, receiver, executor, trustee, lessee 146 or other person, firm or corporation in control of a property. 147 Permittee means the person to whom the permit authorizing 148 land-disturbing activities is issued or the person who certifies 149 that the aipiproved erosion and sediment control plan will be 150 followed. 151 Person ghgll means any individual, partnership, firm, 152 association, joint venture, public or private corporation, trust, 153 estate, coiumission, board, public or private institution, utility, 154 cooperative, i-P.tnrgta.tP bOdY Or anY Other 199al ertity, inG!U@ 155 Rt;i.tQ g.n.cl. ai-ty depar-tments and agen@ county, city, town or 156 other political subdivision of the ComTnonwealth, any interstate 157 body or any other legal entity. 158 Plan-approving authority means the city of Virginia Beach 159 department of public works engineering division or the city 160 engineer which is responsible for determining the adequacy of a 161 conservation plan submitted for land-disturbing activities on a 162 unit or units of land and for approving plans. 163 State erosion and sediment control program or State program 164 means the lprogram administered by the Virginia Soil and Water 165 Conservation Board pursuant to sections 10.1-560 - 10.1-571 of the 166 State Code, including regulations designed to ininimize erosion and 167 sedinentation. 168 State waters means all waters on the surface and under the 169 ground wholly or Partially within or bordering the Commonwealth or 170 within its iurisdiction. 5 171 SubdiVision means the same as the term is- designated within 172 section 1. 2 of the Code of the CitV of Virginia 173 Beach. The I resubdivision and, when appropriate to 174 the context, shall relate s of subdividina or to the 175 land subdivided. 176 Section 30-"58. Erosion and sediment control program; 177 regulations_ standards and specifications for 178 erosion and sediment control and tree 179 protection. 180 (a) The city council r-h;4.11 Art;4,b standards, 181 guidelines, specifigationg gna ar-itprig- fnr the offpnti@,p ne 182 pf rni-l- t-r-nr-.i-gn, sedi;nent @-d agr-i.Guitur-;il r-i3nnff 183 @.1.39t bP M,At On any GORtrOl Progra;n. Tc4 ;i-rr-irt i.n. the deveic)pin@ 184 Gf thS PrOgra;R, the GG;angil Rhall RnQk thn and appr-ev 185 thp RtA.tp gqil and water- oonpor-lx;itinn -nd may seek t@ 186 ad@@,i-gn nf nther apprepriato gtatp and federal ag9nG!es, such aG 187 the state watgr gnntr-nl 188 (b) Te impleiaent the prggraia referrpd tn in g;lbsertion (a) 189 of th.i-r gAr-tic)n, t;he Gity e;icjii4eer- ;anci ri.3r-h. other- per-tinent 190 agenoles as the GitY GOURGil may diregt er requert RhAll dn@x@ 191 R.ncl speGifiGationg fnr Pr-npi-nn A.nd gpd.i-m-pnt g@nt@nl- R.n.d. 192 tree protegtign, WhiGh standar-dg gnd speGif!Gation. ag definad i-n 193 Chapter- 3 of the IIV;Lr-gi;4i;a r4r-nginl4 ;4nc3. cnntr-nl 14;incib@ 194 SeGend Edition, 19801, ar-e her-eby adopted by the Git5@ Gounc;il ;anci. 195 may fr-ora timp tn tiram hp amended by thp r-nl3nail !Vhp stA.nd.a.@ 196 and speG!fiGRtinng fnr- nar-r-yii4g out such pr-Ggr-a3A Rhall- 197 (1) Be based apen r-elevant physigal and developmental 198 CORGer-nin-, t.hg, ;..xat,pr-rh,-clr ;4,n.d. dr- , 199 hggi-ng of tbe Git5,, includ!ngi, but nnt limitc-d to, Glata 200 r-elating to land use, soils, hydre!Ggy, geology, sign nf 201 I-A.nd. g.rog. being distur-bed, pr-c))cimatp hoding ;inci 2 02 tl;p.i r- nh.A.raGteristiGs, transportation and PUb!iG 2 03 R.nd serviges; 2 04 (2) TnGluri.t. rilo-h rlir-,@i-Y of lanGIs anc3, ;.x;itpr-r ;ig ;nay be deemed 205 appr-opr-,iate by the Gity encja:neer- or- r-e@j:r-ed by an@., 6 206 app!igable to identif5, ar-eas, ingluding 207 muitijar-isdintional gnd ;,.xator-ghnd g,r-eas, With Gr-itir-al 208 ---- on And gpd,.iin.pnt pr-oblems; 2 09 (3) contain r-onrpl=xgtion for- types of roil 2 10 ;i,n.d. I-;a.nd.-GI.i-sti4r-binCj agtivities, whiczb r-t;anrl;zr-clr 211 ar-i-ter-la, teghni@er, and methgdr. ar rpegifi-gkd. i-n 2 12 CIOC-13mpnt elltitied, IIV;Lr-ginia Er-GRion ancl R,-clilnnnt; 2 13 SeGO14d Editign, iggg," anGI ;Ln 6 2 14 of tl;.p CQPI.N of EPh.s- City of Vir-ginia BeaGh, f 2 15 ann,tr-ol- of nr-Qric3n ;and rpd,.i-inan.t r-ppiliting fr-oin I;incl- 2 16 distur-bincj activities; a@ 217 (4) Contain Rt;indgrdg for- the pr-OtOGtion nf tr-ong 218 rpegified in thp nnti-tlt-c3. Er-eG;L 219 S,-cli-;npnt Gc4ntr-nl 14;indhQPI@, SeGORd EditiOR, iggg," R.nd. i-n 220 rt-r-t,i.nn 30-F,7- Pf tl;.,- cnd@,- of the City gf Virginia goa.ch.- 22 1 hereby adopts the regulations promulgated by the 222 Virginia Soil and Water Conservation Board pursuant to 2 2 3 section 10.1-562 of the Code of Virginia for the 224 effective control of soil erosion, sediment deposition 2 25 and nonagricultural runoff which must be met in any 226 control program to Prevent the unreasonable degradation 227 of properties, stream channels, waters and other natural 228 resources. Said regulations, standards and 229 specifications for erosion and sediment control are 23 0 included in but not limited to the "Virginia Erosion and 231 Sediment Control Handbook, Second Edition, 1980.11 23 2 (@b) The program and ;4nd specifiggtiong 2 3 3 regulations provided for in this RL-r-tinn article shall be made 2 3 4 available for public inspection at the office of the city 235 engineer. 7 2 3 6 Section 30-4"59. Rand. mr- oth.or- sur-ety r-equir-ed of appl ic-gnt for- 23 7 la e @ *-@ f n:r "'For-k i;welving 9 2 3 8 ;antil,itinr- Aipproved plan recruired for issuance 23 9 of gradincf, building, orotherpermits; security 240 for performance. 241 (a) Prior to the issuance of any grading, building or other 242 permit for activities involving land-disturbing activities, the 243 applicant shall submit with his application an approved erosion 244 and sediment control plan and certification that the plan will be 245 followed. 24 6 (b) Prior to the issuance of any grading, building, or other 247 permit for activities involving land-disturbing activities the 248 city engineer shall require from the applicant therefor a 249 reasonable performance bond with surety, cash escrow, letter of 250 credit, any combination thereof, or such other legal arrangement 251 acceptable to the city attorney, to ensure that measures could be 252 taken by the city at the applicant's expense should he fail, after 253 proper notice, within the time specified to initiate or maintain 2 54 appropriate conservation action which may be required of him by 255 the approved plan as a result of his land-disturbing activity. if 256 the citv takes such conservation action upon such failure bV the 257 ipermittee, the city may collect from the permittee for the 258 difference should the amount of the reasonable cost of such action 259 exceed the amount of the security held. Within sixty days of the 260 achievement of adecruate stabilization of the land-disturbing 261 activity, such bond, cash escrow, letter of credit or other legal 2 62 arrangement, or the unexpended or unobligated portion thereof, 2 63 shall be refunded to the applicant or terminated a.g th.Q C-R.gp @ 264 be. These requirements are in addition to all other provisions of 265 law relating to the issuance of such permits and are not intended 266 to otherwise affect the requirements for such permits. 2 67 Section 30-@60. iRSPeGtign, MGR!tgr!Rg, otG , Monitoring reports 268 and inspections of land-disturbing activities. 269 (a) With respect to approved plans for erosion and sediment 270 control and tree protection in connection with land-disturbing 27 1 activities which involve the issuance of a grading, building or 8 272 other permit, the city engineer shall (1) provide for periodic 27 3 inspections of the land-disturbing activity and (2) may recfuire 274 monitoring and reports from the person responsible for carrying 275 out the plan, to ensure compliance with the approved plan and to 276 determine whether the measures required in the plan are effective 277 in providing for tree protection and controlling erosion and 2 78 sedimentg.t.i-nn fr-em the aGt!Vity Nczti-r-a 279 Of SUGH right tg iRSPGGti-en. ha i-n. the per-mit. The 280 owner, occupier or operator shall be given an opportunity to 28 1 accompany the inspectors. If the city engineer determines that 282 the permittep hag failod there is a failure to comply with the 283 plan, h.Q i-m.m@ediately serve notice shall be served upon the 2 84 permittee, or iperson responsible for carrying out the T)lan by 285 registered or certified mail to the address specified by the 286 permittee in @ the permit application or in the iplan 287 certification or by delivery at the site of the land-disturbing 288 activities to the agent or employee supervising such activities-r 289 A. not.i-mn tn Gemply. 213ah The notice shall sat forth Gp9GifiGally 290 specify the measures needed to aomp intn =n;npiiange comply with 29 1 such plan and shall specify the time within which such measures 292 shall be completed. if the parrail-ton to GOMPIY within tho 293 time speg!fied, he may be subjegt to nfz the per-yalt a@ 294 @ Upon failure to comply within the time specified, the permit 295 may be revoked and the permittee or person responsible for 296 carrying out the plan shall be deemed to be in violation of this 297 article and, upon conviction, shall be subject to the penalties 298 provided for by thig ArtigIp section 30-75. 2 99 (b) with respect to apprg;xed plans for erqgi-nn gna -RP- 3 00 GORtr-G! and tr-ee pr-otert,*-r)n i-n =nnneqtinn ;;I-I- other- r-ecjul 3 01 ]And.-di-gti.,r-hi-ng agtivities, the Gity A-Cj ----- ---- r-equire of th-- 3 02 per-se;4 r-espongi-bl-P fn-r- nar-r-ying Gut the plai4 sugh mgnitering and 303 r-epor-ts, ai4d raay maice s;anh nn-gi-i:p i-nspegtions, g.ft.Ar- nnt'i-r-P tn 3 04 thn r-p@i-apnt- owner-, GGGupler- or- Gper-ater-, as ar-e dporapd. npnpgga-y 305 tn dAt.or-;nine whe:ther- the gzil Pr-prinn ;and rpii;nant C-Qntr-nl ;k g --RG 3 06 tr-ee pr-GteGt' r-equir-ed by the appr-oved plan ar-e being 9 3 07 prgperly performed, and ;@xht-tht-r- ri-jr-h mearur-es ar-i- 3 08 pr-ovicling for- tr-ee pr-oter-tinn gnd r-nntr-ollinc rail f .-. Lrnrinn ;i 3 09 r-esulting fr-om tho land disturbing agtivity 91-,.Czb. 3 10 or- aper-ater- shall be give;a an 311 tg aGGOMPaRY the inSP9GtmrR if i@ li.g dntprm.i-npdl th.g.t th.pra ig 3 12 to oomply with the approved plan, the Gity engineer 3 13 gAr-1-1p nnti-pp upon the per-rnn ;,.Fh.o i-g r-erpenrible f -- ---- 3 14 the plan, at thn R.ddr-pg= speg!fied by b.i-ra i-n. b.i-g 315 thlo t.i-mp mf obtaining his approved 3 16 for-tl;. @l;.p n.ppcipd fer- GGYaiD;LiangQ g.nd. thp tinn 3 17 hp =empleted. Upon failure ef SuGh pers 318 GGMPIY within the spegified period, h.,- bp- cippmad to hQ 3 19 thlli-= and, UPGR GOnV!GtiOn, shall be subj@ 32 0 to the penalties pr-ovided by this ar-tir-IA Upon receipt of a 321 sworn complaint of a substantial violation of this article, from 3 22 the designated enforcement officer, the city manager may, in 323 coniunction with or subsecruent to a notice to comply as specified 324 in section 30-60(a) above, issue an order requiring that all or 325 part of the land-disturbing activities permitted on the site be 326 stopped until the specified corrective measures have been taken. 3 27 Where the alleged noncompliance is causing or is in imminent 328 danger of causing harmful erosion of lands or sediment deposition 329 in waters within the watersheds of the Commonwealth, such an order 330 may be issued whether or not the alleged violator has been issued 3 3 1 a notice to comply as sipecified in section 30-60(a) above. 332 otherwise, such an order may be issued only after the alleged 333 violator has failed to comply with a notice to complv. The order 3 34 shall be served in the same manner as a notice to comply, and 3 3 5 shall remain in effect for seven days from the date of service 336 Pending application by the office of the city engineer or alleged 33 7 violator for alp1propriate relief to the circuit court of the 338 jurisdiction wherein the violation was alleged to have occurred. 339 Upon completion of corrective action, the order shall immediately 3 4 0 be lifted. Nothing in this section shall prevent the citv manager 341 from taking any other action specified in section 30-75. 10 342 Section 30-61. Program administration, plan review and inspection 343 fee. 344 At the time an erosion and sediment control plan is submitted 345 a fee not exceeding $1,000 shall be Paid. The office of the city 3 4 6 engineer may determine the amount of fee based upon the 347 anticipated costs associated with the issuance of grading or land- 348 disturbing permit, iplan review, and anticipated periodic 349 inspection for Compliance with the erosion and sediment control 350 plan. Such fee shall be submitted to the office of the city 351 engineer and made Payable to the treasurer of the City of Virginia 352 Beach. 353 354 DIVISION 2. EROSION AND SEDIMENT CONTROL AND TREE PROTECTION 355 PLAN FOR LAND-DISTURBING ACTIVITIES 356 Section 30-71. General Re Regulated land-disturbing 357 activities; submission and approval of control plan 3 58 (a) Ne pergnn- ghg-33 Png--- aGt;iVi:t" 3 59 in the Gity, unti! he h;ig r"bip-@i-ttqc3. tn thp C-ity engineer- an 360 r-pd.i-Tal-nt GQntr-Ql- RnC] tr-i-e pr-otegtion plan for- SaGh 361 aGtiVity and sugh pl-;a-n ba.g bgkon. ;aPC3 3 62 appr-oveGI by the Gity eRg4:n.Pi-r- tO pr-OGedi-i.r-or- 9,-t fnr-th in 363 thi-r 3 64 (b) DIG Off!Ger- ar- agent Gf the Gity R.ny gr-ading, 3 65 building or other permit fQr A.9ti.A-x.i-ti-es involving 3 66 agtivities, thp app!igant th-p-r-,-fnr- si-3hin..i-tr ;.xi-th 367 app!igatie;i an appr-oved -rnri-nn ;4ncl gnntr-o3- ;a.n.a. t@ 3 68 protegtion plan, Gr Gert4-figA.ti-nn Qf SUGH approved plan frora @ 3 69 Gity engjimeer-, as well a.r tha.t. ri-,-ch plan wiil hn 370 f n;.Ic-d 371 Excei)t as iprovided in section 10.1-564 of the State Code 372 (state agency Proiects), no person may engage in any land- 373 disturbing activity until he has submitted to the office of the 374 city engineer an erosion and sediment control and tree protection 375 plan for the land-disturbing activity and the plan has been 37 6 reviewed and approved by the office of the city engineer. Where 11 3 77 land-disturbing activities involve lands under the lurisdiction of 37 8 more than one local control program an erosion and sediment 379 control Plan may, at the ontion of the applicant, be submitted to 380 the Virginia Soil and Water Conservation Board for review and 381 approval rather than to each iurisdiction concerned. 382 Section 30-72. Responsibility of property owner when work to be 383 done by contractor. 384 For the purposes of sections 30-71 and 30-73 of this article, 385 Wwhen a land-disturbing activity will be required of a contractor 386 performing construction work pursuant to a construction contract, 387 the preparation, submission and obtaining approval of an erosion 388 and sediment control and tree protection plan shall be the 389 responsibility of the owner of the property in;xolved. 390 Section 30-73. Approval or disapproval. 391 (a) The Gity engineer shall be responsible for determining, 392 the adeqlaagy Gf any plal4 thi-r fnr- la.@ 3 93 dirtur-binci on ;4. Q4= ;-Ini-tg nf I-;;.nd ;a.ngi shall appr-ove 394 SUGH plan, if the plan to be adequato- !vl;g. 395 pr-ocedures e;npleyed by the Gity en,-,'--ee-- an deter;nining the 396 adequac;y GE sugh plan sha.1-1- Pi-thpr ho th.a pr-GGedjr-es 397 O;-3.t in thn nit@ITG site p'-R.n, A.nd ro]-At,od. 398 r-egulationr. nr- thn r-c-,.,i-ew pr-OGedur-er rpt niit in the GityL.9 399 or-d..i-n;a.no-P ;incl. r-pl-;;.tpd r-ecjulatioi4r., ar. 400 ma5, be appr-opriate to thp agtivi@ 4 01 (b) The city engineer A.Pt nn all plans submittpd i.jndp-r 402 th.i.r within f-er-t5,-five (48) Glayr. fr-em r----4-4- 4 03 by either- appr-ovi;icj the pla;4, ii4 wr-iting, Gr- by disappr-oving ri.3=h 404 pian, in wr-iting, and cjiving the speGifiG r-easgns fGr- 405 disappr-eval 406 (G) if a pl-;;.n ri.ihrai-@t.e-d for- appr-ov-1- ;-3.nd.pr- thi--- 407 fo;and, upon r-eview, tg be inadeq;aate, the city enginear- sh@ 408 spegify SuGh ,s, ter-inr. a;i@- C:C)ndi-tinnr as will per-M" 12 4 09 appr-Gval of the ja:lan and these tn th4a 4 10 apjaligant 411 (d) T-he Gity engjineer- shall appr-Gve a plal4 g,-]-hm-ittncl- 412 th"i-@ if he detp@ingr tl;;at the plan ;Rnntg 4 13 Gity'r. GGnrer-;,atic3n r-tanciar-dr. ancl speGi-fi-r-;ati-nnr R.i;d ;Lf the per-ron 4 14 r-espenrible fgr- Gar-r-yinrj out the pl;in OP@ti-fi-gg tb;i.t hn ;;i-" 4 15 pr-oper-ly per-fnrm. th.a or-Qgi-nn, g.nd. gpd.im-pnt r-C)ntr-ol@ t'@ 4 16 pr-otegtion i-nc:l-i4clecl in the pl;an gncl ;,;ill c:nnfnr-m tn t 4 17 provisieng of thli-g g.rti-gl-e 418 (e) if nn ;;gti-c)n i-@g taken by the Gity encjinepr- t.he 4 19 time specifind in ri3-brpc-tlgn (b) of this sertign, the plan rh;i.3-1- 42 0 be cleemeGI appr-ovecl and the per-ron submittii4g the pian sha!! 4 2 1 tO pr-eGeeGI with the pr-GpereGI ac;tivity 4 22 (a) The of f ice of the City encrineer shall review 423 c-onservation Plans submitted to it and grant written approval 424 within forty-five days of the receipt of the plan if it determines 425 t-hat the iplan meets the requirements of the Virginia Soil and 426 Water Conservation Board's regulations and if the Person 427 r-es'ponsible for carrying out the lplan certifies that he will 42 8 Properly perform the conservation measures included in the plan 429 and will conform to the Provisions of this article. 43 0 (b) When a iplan is determined to be inadeguate, written 431 notice of disapproval stating the specific reasons for disapproval 432 shall be communicated to the applicant within forty-five days. 433 The notice shall specify such modifications, terms, and conditions 434 that will permit approval of the plan. If no action is taken by 435 the Plan-approving authoritv within the time specified above, the 4 3 6 plan shall be deemed approved and the person authorized to 1proceed 437 with the proposed activity. 4 38 Section 30-74. Changing approved plan. 439 A plan whigh. b.A.g hppn approved undpr thi-S may be 440 Ghanged by the city engin.ppy i_n thp ---es* 44 1 (1) Wher-e i;ispegtion har the inadequagy of the plan 442 to acc;omplish. th.p pr-n@i-nn@ gna R@dimpnt gqntr-nl gnd tr-om 13 443 pr-atection objectiver of the plan, anGI appr-c)pr-i ;itA 444 tn nor-r-Ant th,- nf thq plan 445 ar-9 acjr-eed to by the city oncjineer- and the 44 6 responsible for- car-r-@@incj out the plan; or- 447 (2) Wher-e the per-son r-espenrible for- Gar-r-ying out the 448 appr-oveGI jal an finGIR that, I@eGa43RA Gf 0-h ancjegl 449 nr- for- ()th.er- r-earonr, the appr-oved plan 450 r-;i.nn.ot ho effectively alat and proposed 4 51 to the plan, cc3ngigt,-nt ;@xith the r-equir- 452 nf th.Q Alrt.i-nle, are agreed to by the city enginge-v and 453 the person responsible 9,- ut the plan 4 54 An approved plan may be changed by the office of the city 455 engineer in the following cases: 456 (1) Where inspection has revealed that the plan is 457 inadequate to satisfy applicable regulations; or 458 (2) Where the person resiponsible for carryincf out the 459 approved plan finds that because of changed 4 60 circutnstances or for other reasons the approved ]plan 461 cannot be effectively carried out, and proposed 462 amendments to the plan, consistent with the requirements 463 of this article, are agreed to by the city engineer and 464 the person responsible for carrying out the plan. 465 Section 30-&975. Penalty for violation of article. 4 66 Any per-sg- nf ixicbl;atin . inn nf t;hiz - Cl --Ill " s - -- 4 67 be punisheGI by a fine of nnt ;Anr-P t.hAI4 one thousand 468 dellar-s ($!,Goo 00), er- by confineiaent in jail for- not mor-a 4 69 thir-ty (gG) days, or- by bntb. fi-np ;4.ncl c:nnfi- 470 (a) Violators of this article shall be guilty of a 471 misdemeanor and sublect to a fine not exceeding $1,000 or thirtv 472 days imprisonment for each violation or both. 473 (b) The appropriate permit-issuing authority. or a district 474 or localitv operatincl its own program, or the Board may apply to 475 the circuit court in any iurisdiction wherein the land lies to 4 7 6 enioin a violation or a threatened violation under this article 14 477 without the necessity of showing that an adeguate remedv at law 478 does not exist.. 479 (c) In addition to any criminal penalties provided under 480 this article, any person who violates anV provision of this 481 article may be liable to the city or the Board, as appropriate, in 482 a civil action for damages. 483 (d) Without limiting the remedies which may be obtained in 484 this section, any iperson violating or failing, neglectincf or 485 refusing to obev anV iniunction, mandamus or other remedv obtained 486 pursuant to this section shall be subject, in the discretion of 487 the court, to a civil penalty not to exceed $2,000 for each 488 violation. 489 (e) With the consent of any person who has violated or 490 failed, neglected or refused to obev any regulation or order of 491 the Board, or anV condition of a permit or anV provision of this 492 article, the Board, the Director or city engineer may provide, in 493 an order issued bV the Board or city engineer against such person, 494 for the Payment of civil charges for violations in specific sums, 4 95 not to exceed the limit specified in subsection (d) of this 496 section. Such civil charges shall be instead of any appropriate 497 civil Penalty which could be imposed under subsection (d). 498 (f) Upon the city engineer's request, the city attorney or 499 the Commonwealth's attorney shall take legal action to enforce the 500 provisions of this article. 501 (q) Compliance with the provisions of this article shall be 502 prima facie evidence in any lecfal or equitable 1proceedincf for 503 damages caused by erosion or sedimentation that all requirements 504 of law have been met and the complaining partv must show 505 negligence in order to recover any damages, 506 Section 30-@76. Appeals from decisions under article. 507 Final decisions under this article shall be subject to review 508 by the apprgpriate court of record of the city of Virginia Beach, 509 provided an appeal is filed within thirty (30) days from the date 510 of any written decision adversely affecting the rights, duties or 15 511 privileges of the person engaging in or proposing to engage in 512 land-disturbing activities. 513 Section 30-77. Conservation Plan for erosion impact area. 514 In order to iprevent further erosion a local program may 515 recruire approval of a conservation Plan for any land identified in 516 the local program as an erosion impact area. 517 Adopted by the Council of the City of Virginia Beach, 518 Virginia on the 21st day of August 1989. 519 NEW/lmt/epm 52 0 2/17/89 52 1 3/2 0/89 522 CA-03021 523 \ordin\proposed\30-056etc.pro 16 - 16 - Item IV-F.4. RESOLUTIOWORDINANCES ITEM # 31684 Herb Taylor, 3325 Sandpiper Road, Phone: 426-7286, represented the Sandbridge Beach Civic League, and spoke In favor of the proposed Ordinance. Herb Taylor read the letter frorn Daniel E. Wilson, Sandbridge Resident, dated August 12, 1989 (Said letter is herby made a part of the record). Upon motion by C)ouncitwoman Henley, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 6-114 of the Code of the City of Virginia Beach, Virginia, re launching or landing any watercraft In certain areas. Voting: 11-0 Council Nbmbers Voting Aye: Albert W. Balko, John A. BaLtn, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, @yor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None APPPIO @-5-1 -1 N ATUI :AP,)RDVED AS To INANCE TO AMEND AND REORDAIN 2 SECTION 6-114 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO LAUNCHING OR LANDING 5 ANY WATERCRAFT IN CERTAIN AREAS 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That Section 6-114 of the Code of the City of Virginia 9 Beach, Virginia, is hereby amended and reordained to read as 10 follows: 11 Section 6-114. Restrictions on launching, landing, parking or 12 stationing recreational vessels in certain areas. 13 (a) It shall be unlawful for any person to launch or 14 land a sailboat, motor boat, canoe, rowboat, flatboat, kayak, 15 umiak, scull or any other similar recreational vessel on the beach 16 area north of Rudee Inlet to the center line of 42nd Street 17 prolongated eastward, between may fifteenth and September 18 thirtieth between the hours of 10:00 a.m. and 5:00 a.m. 19 (b) It shall be unlawful for any person to park or 20 station a sailboat, motor boat, canoe, rowboat, flatboat, kayak, 21 umiak, scull or other similar recreational vessel on the beach 22 area north of Rudee Inlet to the center line of 42nd Street 23 prolongated eastward, with the following exceptions: 24 (1) In an emergency; 25 (2) With an approved race or regatta permit; or 26 (3) In the process of launching or landing a vessel 27 specified above in the areas and during the time periods 28 permitted in subsection (a) of this section. 29 (c) It shall be unlawful for any person to launch, 30 land, park or station a motor boat c)n the beach between the area 31 north of the center line of 42nd Street prolongated eastward and 32 the southern boundary line of Fort Story, except in an emergency 33 or with an approved race or regatta permit. 3 4 (d) It shall be unlawful for any person to launch, 35 land, park or station a sailboat on the beach between the area 36 north of the center line of 42nd Street prolongated eastward and 37 the southern boundary line of Fort Story without a permit from the 38 city manager, with the following exceptions: 39 (1) In an emergency; or 40 (2) With an approved race or regatta permit. 41 (e) Permits will be issued by the City manager for 42 sailboats to be launched, landed, parked or stationed on the beach 43 between the area north of the center line of 42nd Street 44 prolongated eastward and the southern boundary line of Fort Story 45 under the following conditions: 46 (1) The permit to be issued on a first come first serve 47 basis subject to subsections (iti) and (@i) of this 48 section. 49 (2) The city manager shall limit the number of permits to 50 four (4) sailboats per block between the area north oE 51 the center line of 42nd Street prolongated eastward and 52 the center line of 57th Street prolongated eastward; 53 seven (7) sailboats per block between the area.north of 54 the center line of 57th Street prolongated eastward and 55 the center line of 77th Street prolongated eastward, and 56 twelve (12) sailboats per block between the area north 57 of the center line of 77th Street prolongated eastward 58 to the southern boundary line of Fort Story. 59 (3) A sailboat having a valid permit under this subsection 60 may be launched, landed, parked or stationed on the 61 beach area in front of any block between 42nd Street and 62 Fort Story as long as the maximum number, as set forth 63 in (2) above is not exceeded. If the maximum number as 64 set forth in (2) above is exceeded, then the sailboat 65 that does not have a permit for that particular block 66 shall be in violation of this section. 2 67 (4) Permits are valid only for the month of March through 68 the month of October for the year in which the permit 69 was issued. 70 (5) Permits must be renewed annually. 71 (6) The annual permit fee shall be thirty dollars ($30.00) 72 for residents of the city and ninety dollars ($90.00) 73 for nonresidents. The city manager is authorized to 74 establish dates of issuance for such permits for 75 residents and nonresidents. 76 (7) There shall be no parking or stationing of sailboats on 77 the sand dunes or in front of access points or street 78 ends. 79 (8) No anchors shall be driven in the beach to secure 80 sailboats, unless approved by the director of the 81 department of public works as to type, size and 82 location. 83 (9) No sailboats shall be secured to lawful fixtures or 84 structures on the beach. 85 (10) The permits shall be placed on the outside port (left) 86 bow of the sailboat. 87 (11) Permits are noiitransferable. 88 (f) It shall be unlawful for any person to launch or 89 land any sailboat, motor boat, personal water craft or any other 90 recreational vessel on the beaches extending south of Fleet Combat 91 Training Center Dam Neck to the southern boundary of Little Island 92 Park during the season from may fifteenth through September 93 thirtieth, between the hours of 10:00 a.m. and 5:00 p.m., except 94 as hereafter provided: 95 (1) Water craft may be launched or landed in an emergency or 96 for law enforcement purposes. 97 (2) Water craft may be launched and landed at any time from 98 the beach commencing at the southern boundary of Little 99 Island Park, extending four hundred (400) feet north. 100 (3) Commercial fishing boats operating from the beaches by 101 permission of the Virqinia Division of Parks and 3 1 0 2 Recreation shall be exempt from the restrictions of this 1 0 3 article. 104 (f2) Any police officer of the City of Virginia Beach 105 is hereby authorized to remove and impound or have removed and 106 impounded any vessel which appears to be in violation of this 107 section of which is lost, stolen, abandoned or unclaimed. In 108 addition to the fine imposed for a violation of this section, such 109 vessel shall be removed and impounded at the owner's expense until 110 lawfully claimed or disposed of. ill (@h) Any person who shall violate any of the provisions 112 of this section shall be guilty of a Class 4 misdemeanor. 113 (kti) If any person holding a permit under this section 114 has three (3) or more convictions, or findings of not innocent in 115 the case of a juvenile, of violating this section or section 6-115 116 within the permit period, the city manager shall revoke that 117 person's permit. That person shall not be eligible for another 118 permit for the same permit period. 119 (-ki) Any person who has six (6) or more convictions, or 120 findings of not innocent in the case of a juvenile, of violating 121 this section or section 6-115 within any two (2) year period shall 122 not be issued a permit by the city manager under this section for 123 the next two (2) years. 124 Adopted by the Council of the City of Virginia Beach, 125 Virginia, on the 2 1 s tday of August 1989. 126 WEB/lmt 127 07/20/89 128 08/11/89 129 CA-03406 130 \ordin\proposed\06-114.pro 4 - 17 - Item IV-F.5. RESOLUTION/ORDINANCES ITEM # 31685 Upon motion by Co unc II man Hei schober, seconded by Co unc i I woman Hen I ey, CIty Council ADOPTED: Ordinance to ESTABLISH a relmbursement policy for in-city travel and meal expenses Incurred by members of City Council while conducting official business. Vot i ng: 10-1 Council Meml>ers Voting Aye: Albert W. Balko, John A. Baun, Vice Nbyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Payera E. Oberndorf, Nancy K. Parker, John L. Perry and Wllliam D. Sessoms, Jr. Council Members Voting Nay: Reba S. tkCIanan Council %mbers Absent: None 1 AN ORDINANCE TO ESTABLISH A REIMBURSEMENT POLICY 2 FOR IN-CITY TRAVEL AND MEAL EXPENSES 3 INCURRED BY MEMBERS OF CITY COUNCIL 4 WHILE CONDUCTING OFFICIAL BUSINESS 5 WHEREAS, the City Council members desire to be reimbursed for 6 in-city travel and meals required in performing the function of a 7 council member; 8 WHEREAS, consistent with state law, it shall be the policy of 9 City Council to reimburse City Council expenses as follows: 10 1. In-city Travel: For all regular and special Council 11 meetings, hearings, and workshops and for attendance at 12 all meetings or events necessary to the conduct of the 13 office of Council person, reimbursement will be provided 14 for travel from home to the meeting/event and return at 15 the mileage rate specified in the appropriation ordinance. 16 2. Meals at official Local Functions: Reimbursement will be 17 provided for the cost of mealsonly when the Councilperson 18 is the official representative of the Council at the 19 event. 20 WHEREAS, procedures for reimbursement shall be established by 21 the City Manager consistent with state law and good financial 22 practice; 23 WHEREAS, these policies apply to in-city travel and meals and 24 do not apply to expenses incurred under the City's out-of-town 25 travel policies; 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 That the aforementioned policy of the city Council for 29 reimbursement of in-city travel and meal expenses is adopted to be 30 effective as of the day of its adoption. 31 Adopted by the Council of the City of Virginia Beach, Virginia 32 on the 21 day of August 1989. AS TO @TEKTk-S' I)E'A!zTt@f@IT APPtll,',)VE-D A-@ LEGAI- Ail-:) F02,z -C-: .14 r y - 18 - Item IV-F.6 RESOLUTION/ORDINANCES ITEM # 31686 Acting City Attorney Kevin Cosgrove distributed Alternate A-1 and C-1 wording for the November 1989 ballot question recommended by Bond Counsel. These alternatives replace previous ones distributed to Members of City Council in the Informal Session which were not acceptable to Bond Counsel. Dr. Fred G. Benham, Assistant Superintendent of Schools for Financial Services, advised Councilwoman Henley there are a number of items which must be addressed at Bayside and Kellam. The floors at Bayside need a toping applied which will be more expensive than the restoration of the floors at Kellam which are in better shape. The lockers at Bayside must be replaced but not at Kellam. These are examples of the differences. The two buildings will be reinstated to their condition approximately twenty-five years ago and modernized to some extent. Gregory Stillman, Member of the Virginia Beach School Board and Bond Counsel. Mr. Stillman advised either alternate would be acceptable to the Bond Counsel. Councilman Moss again requested, in the absence of major recreational facilities in the Aragona portion of the City, this particular gymnasium in the School for the Gifted and Talented could be investigated as a recreational useage for that neighborhood. Councilwoman McClanan advised providing an educational environment is more than floors, walls and windows. Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council ADOPTED, upon SECOND READING, with Alternate C-1 wording for the November 1989 ballot question: Ordinance authorizing Tssuance of School Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $68,375,000 subject to the approval of the qualified voters. SCHOOL Shall the City of Virginia Beach finance new public school construction and furnishings and renovation of existing school buildings, including modernization of Bayside and Kellam High Schools, elementary gymnasium additions, Farmers' Market/Green Run area Elementary and Middle Schools, and West Kempsville High School and London Bridge Road Elementary School and site acquisition for new schools, by contracting debt and issuing the City's general obligation bonds in the maximum amount of $68,375,000 pursuant to the City Charter and the Public Finance Act, together with other available funds? Au - 18a - Item IV-F.6 RESOLUTION/ORDINANCES ITEM # 31686 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None This item was voted upon after Item IV-I.I. UNFINISHED BUSINESS (Judicial Center Project) The City Clerk referenced Councilman Moss's letter of March 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with the Virginia Beach School System, he is able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest. (Said letter is hereby made a part of the proceedings.) I AN ORDINANCE AUTHORIZING THE ISSUANCE OF SCHOOL 2 BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA 3 IN THE MAXIMUM AMOUNT OF $68,375,000 SUBJECT 4 TO T@IE APPROVAL OF THE QUALIFIED VOTERS 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 1. It is hereby determined to be necessary and expedient for the City of 7 Virginia Beach to conrinue the development of its school system, including site 8 acquisition and construction enlargement, renovation and equipping schools and 9 related facilities for the projects and in substantially the amounts as shown on 10 Exhibit A attached hereto, which will promote the public welfare of the City and 11 its inhabitants and will facilitate the orderly development of the City, and to 12 finance costs thereof throu.,h the borrowing of $68,375,000 and issuing the City's 13 general obligation bonds therefor. 14 2. Pursuant to the Charter of the City of Virginia Beach and the Public 15 Finance Act, there are hereby authorized to be issued school bonds of the City in 16 an amount not to exceed $68,375,000. The bonds may be issued as a separate issue 17 or combined with bonds authorized for other purposes and sold as part of a 18 combined issue of pliblic improveiiient bonds. 19 3. The bonds shall bear such date or dates, mature at such time or times 20 not exceeding 40 years from their dates, bear interest at such rate or rates not 21 to exceed the maximum rate authorized by law at the time the bonds are sold, be 22 in such denominations and form, be executed in such manner and be sold at such 23 time or times and in such manner as the Council may hereafter provide by 24 appropriate resolution or resolutions. 25 4. The bonds shall be geiieral obligations of the City for the payment of 26 principal of and interest on wliich its full faith and credit shall be irrevocably 27 pledged. 28 5. The bonds shall not be issued until approved by a majority of the 29 qualified voters of the City voting on the qltestion of their issuance at an 30 election to be held in the City, 31 6. The City Clerk is hereby authorized and directed to cause a certified 32 copy of this ordinance to be presented to the Circuit Court of the City of 33 Virginia Beach, Virginia, which is hereby requested to order an election to 34 submit to the qualified voters of the City the q6estion of the issuance of the 35 bonds provided for herein. 36 7. Thig ordinance shall be in full force and effect from its passage. 21 37 Adopted by the Council of the City of Virginia Beach, Virr.,inia, on the 38 day of August 1989. 39 Approved: 40 41 Mayor, City of Virginia 42 Beach, Virginia 43 First Reading: August 14, 1989 44 Second Reading: August 21, 1989 EXIiIBIT A Bayside High School Modernization $ 3,380,000 Elementary School Gymnasium Additions 9,450,000 Farmers' Market/Green Run Area Elementary and Middle School 19,931,000 Kellam High School Modernization 2,050,000 London Bridge Road Area Elementary School 8,116,000 Various Schools Site Acquisition 2,000,000 West Kempsville Area Higla School -23,448,000 Total 1989 School Bond Referendum $ =68.375.000 - 19 - Item IV-F.7 RESOLUTION/ORDINANCES ITEM # 31687 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to TRANSFER $164,796 from General Fund Reserves to fund the City's portion of the Regional Jail Facility Study. The City Manager advised Councilwoman Parker that a resolution identifying the site of the Regional Jail and considerations with the Host Community shall be presented for Council's consideration before any funds are expended. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO TRANSFER $164,796 FROM 2 GENERAL FUND RESERVES TO FUND THE CITY'S 3 PORTION OF THE REGIONAL JAIL FACILITY STUDY 4 WHEREAS, the City of Virginia Beach has indicated to the Southeastern 5 Virginia Planning District Commission its desire to be included as a possible 6 participant in the construction of a regional jail facility; 7 WHEREAS, each pOsBible participant is being requebted to contribute its 8 portion of the Phase I study of the facility, which encompaBseB program planning, 9 site analysis including environmental considerations, schematic facility design 10 and conBtrUCtion and operating cost estimates; 11 WHEREAS, the total cost of the study is estimated to be $600,000, with 12 City's portion being $164,796 based upon pro-rated population; 13 WHEREAS, this contribution in no way obligates the City for any future 14 contribution or participation, and the $164,796 will be refunded to the City if 15 the regional facility is constructed; 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VI.RGINIA 17 BEACH, VIRGINIA: 18 That funds in the amount of 1)164,796 be transferred from General Fund 19 Reserves to fund the city,B portion of the Phase I Study of the Regionz@,l Jail 20 Facility. 21 This ordinance shall be in effect from the date of itB acloption. 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st 23 day of August, 1989. - 20 - Item IV-G. CONSENT AGENDA ITEM # 31688 Upon motion by Vice Mayor Fentress, seconded by C<)uncilman Heischober, City Council APPROVED In ONE NOTION Items 1, 2 (AS REVISED), 5, 6, 8 and 9 of the CONSENT AGENDA. Item 3, 4 and 7 were pulled for a separate vote. Voting: 11-0 Gouncil Members Voting Aye: Albert W. Balko, John A. BaLm, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, @yor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 21 - Item IV-G.1 CONSENT AGENDA ITEM # 31689 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPITED: Request ot Publ lc Works for approval of study phase recommendations and authorize the City Manager to proceed with the design phase of rural road Improvements: Flanagans Lane, Creeds Park and Munden Point Road curve sections. The City Manager advised Councilwoman Henley relative the rural roads Improvements, the design phase will be proceeding but the construction will remain as presented at the Public Hearing on May Third. Flanagans Lane will occur commencing July 1990 and the other roads will not cornmence until 1992 or 1993. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. BaLn, Vice Vayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Veyor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent-. None - 22 - Item IV-G.2 CONSENT AGENDA ITEM # 31690 Upon motion by Vice Nbyor Fentress, seconded by Councilman Heischober, City Council ADOPTED, AS REVISED*: Resolution endorsing the construction of additional capacity in the 1-64 Corridor as It crosses Hampton Roads and on Route 17. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. BaLim, Vice Voyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, %yor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Mernbers Absent: None A RESOLUTION MMRSING THE CONSTRUCTION OF ADDITIONAL CAPACITY IN THE I-64 CORRIDOR AND AS IT CROSSES HAMPTON ROADS, AND ALSO, ON ROUTE 17. WHER.EAS the crossing of Hampton Roads by I-64 is vital to the flow of goods and people of all the cities of Hampton Roads; and WHEREAS this crossing is extremely important to the defense of our nation; and WHEREAS the current I-64 crossing of Hampton Roads operates at or in excess of its capacity the majority of time; and WHEREAS operating at this level creates traffic jams lasting from one half to two hours or more; and WHEREAS this delay in tourist traffic coming to Virginia Beach creates an extremely adverse affect on our ability to attract repeat visitation; and WHEREAS the interchange of I-64 and Indian River Road is operating in excess of its capacity a majority of the time causing traffic jams of up to one half hours; and WHEREAS an interchange will be necessary at I-64 and the proposed City Line Road. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that the Commonwealth Transportation Board is requested to expedite the design and funding of an additional crossing of Hampton Roads along the I-64 corridor and widen I-64; and BE IT FURTHER RESOLVED that the Congressional Dele- gation from Hampton Roads is requested to assist in the expedit- ing of this construction through allotment of Federal highway construction monies; and BE IT FURTHER RESOLVED the expediting of other highway projects particularly Route 17 improvements be given priority so as to assure that Virginia Beach, and the rest of Hampton Roads retains its competitive position in economic development efforts including tourism; and BE IT FURTHER RESOLVED that by the Council of the City of Virginia Beach that the Commonwealth Transportation Board is requested to design and fund improvements to the existing interchange at I-64 and Indian River Road and to the proposed interchange at I-64 and City Line Road. BE IT FURTHEAZ RESOLVED that the Clerk of the Council of the City of Virginia Beach is directed to send this resolution to the City's General Assembly Delegation and Congressional Dele- gation. Resolved by the Council of the City of Virginia Beach on 21 day of August 1 1989. - 23 - Item IV-G.3 CONSENT AGENDA ITEM # 31691 Wilfred P. Large, 630 North Witchduck Road, Phone: 499-6791, President of W. P. Large, Inc. (surveying, engineering and planning) , represented William B. Spence of the Spence Family Farm. Wilfred P. Large expressed objection to the two median breaks and four left turn lanes into the properties. Arthur Shaw, City Engineer, will meet with Mr. Large relative his concerns. Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City Council DEF'ERRED until the City Council Meeting of August 28, 1989: Ordinance to authorize acquisition of property in fee simple for right-of-way for Independence Boulevard, Phase IIA-2, and the acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation. *This DEFERRAL will allow the landowner and representatives to confer with the City Engineer. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 24 - Item IV-G.4 CONSENT AGENDA ITEM # 31692 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED, upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE a $112,500 Grant from the Commonwealth of Virginia Department of Housing and Community Development for a Homeless Intervention Program. Voting: 11-0 Councll Members Voting Aye: Albert W. Balko, John A. BaLim, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Ntyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE TO APPROPRIATE $112,500 IN SHARE - IIOMELESS INTERVENTION FUNDS WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development has notified the City of an award of $112,500 in SHARE - Homeless Intervention Program funds, and WHEREAS, assistance is needed to effectively and adequately address tbe housing needs of homeless persons and to belp prevent bomelessness in tbe City of Virginia Beach; and WHEREAS, tbe Department of Housing and Neighborhood Preservation can carry out the program for which funds are appropriated, and WHEREAS, Aubrey V. Watts, Jr., City Manager can act on behalf of the City of Virginia Beach, Virginia and will sign all necessary documents required to complete the grant transaction. NOW, THEREFORE, BE IT ORDAINED THAT tbe Council of tbe City of Virginia Beach, Virginia hereby appropriates $112,500 for the purposes of carrying out a Homeless Intervention Program, AND BE IT FURTHER ORDAINED that the City Manager is authorized to accept the grant and enter into a Grant Agreement with the State Department of Housing and Community Development and perform any and all responsibilities in relation to such Agreement. Adopted by Council this ..... day of ............ 1989. APPROVED AS TO CONTENTS: R or D Housing and Community Development APPROVED AS TO FORM: it ttr ney - 25 - Item IV-G.5 CONSENT AGENDA ITEM # 31693 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED, upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE $2,590 in additional state aid funds into the Department of Libraries Fy 1989-1990 operating budget. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessons, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $2,590 IN ADDITIONAL STATE AID FUNDS INTO THE 3 DEPARTMENT OF LIBRARIES FY 89-90 OPERATING BUDGET 4 WHEREAS, the Commonwealth provides annual funding 5 6 assistance to public libraries for the purpose of acquiring books 7 and related materials; 8 WHEREAS, during the preparation of the FY 89-90 operating 9 budget, the anticipated state aid revenue was estimated to be 10 $255,000 and was appropriated into the Library Department's 11 operating budget; 12 WHEREAS, the Virginia State Library Department has notified 13 the city that state aid funds in the amount of $257,590 will be 14 available for the FY 1989-90; 15 WHEREAS, the amount of approved FY 1989-90 available state aid 16 exceeds the FY 1989-90 revenue estimate by $2,590. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA that funds in the amount of $2,590 be 19 added to the FY 1989-90 operating budget of the Library Department 20 with a corresponding increase in estimated revenues. 21 This ordinance shall be effective from the date of its 22 adoption. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia on the - day of _ 1 1989. 25 First Reading: August 21, 1989 26 Second Reading: 27 MLS/ORD-12A - 26 - Item IV-G.6 CONSENT AGENDA ITEM # 31694 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to TRANSFER $25,000 from Project 3-975 Joint Vehicle Maintenance Facility to Project 3-990 Cape Henry Lighthouse Study re preservation of the Lighthouse. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO TRANSFER FUNDS IN THE 2 AMOUNT OF $25,000 TO PROJECT 3-990 CAPE HENRY 3 LIGHTHOUSE STUDY FOR AN ENGINEERING STUDY FOR 4 THE PRESERVATION OF THE LIGHTHOUSE 5 WHEREAS, the Cape Henry Lighthouse, currently owned and operated by the 6 Association for the Preservation of Virginia Antiquities (APVA), is a national 7 landmark and is visited by approximately 25,000 tourists each year; 8 WHEREAS, there is increasing concern over the inherent stability of the 9 lighthouse due to settlement of the foundation; 10 WHEREAS, the APVA is requesting a one-time grant of $25,000 from the 11 city to help fund an engineering study estimated to cost $50,000; 12 WHEREAS, the remaining amount needed for the study and any restoration 13 work will be financed by a federal grant and through private subscriptions; 14 WHEREAS, the city's share may be obtained by a transfer of funds from 15 project 3-975 Joint Vehicle Maintenance Facility Study since the project is 16 completed and has excess appropriations which may be transferred tQ other 17 projects. is NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That funds in the amount of $25,000 are hereby transferred from project 21 3-975 Joint Vehicle Maintenance Facility to project 3-990 Cape Henry Lighthouse 22 Study to provide the city's donation for an engineering study of the lighthouse. 23 This ordinance shall be in effect from the date of its adoption. 24 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 21 day of August 1989. APPROVED AS TO CONTE"-'T.5 SIGNATiJRE DEPARTM@NT APPROVED AS TD LEGAL 1: 5LJFFICIENCY Af,'D F@-RM - 27 - Ttem IV-G.7 CONSENT AGENDA ITEM # 31695 Albert N. Jensen, 654 South Atlantic Avenue, Phone: 428-6801, Contractor, represented the applicant. Albert Jensen advised Mr. Barr owns the front and rear lot and this is an encroachment into a 15-foot alley separating the two lots. The purpose of the request is to allow the installation of a 3-foot wide salt treated, elevated walk for beach access. Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way known as 15' alley, Croatan Beach, to Robert A. Barr and Mary L. Barr, their heirs, assigns and successors in title (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 free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner agrees to install railing to the elevated walkway to meet City of Virginia Beach standards. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None t 2 Requested by Department C)f Publ.ic Works 1 AN ORDINANCE TO AUTHORIZE A 2 TEMPORARY ENCROACHMENT INTO A 3 PORTION OF THE RIGHT-OF-WAY KNOWN 4 AS 15' ALLEY, AS SHOWN ON THAT 5 CERTAIN PLAT ENTITLED: "PHYSICAL 6 SURVEY LOT 10 BLOCK 2 0 CROATAN 7 'BEACH M.B. 24 P. 37 LYNNHAVEN 8 BOROUGH VIRGINIA BEACH, VA. SCALE 9 1" = 20' 1.4 JAN. 1981" TO 10 ROBERT A. BARR AND MARY L. BARR, 11 HUSBAND AND WIFE, THEIR HEIRS, 12 ASSIGNS AND SUCCESSORS IN TITLE 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That pursiiant to the authority and to the extent 16 thereof contained in Section 15.1-893, Code of Virginia, 1950, as 17 amended, Robert A. Barr and Mary L. Barr, husband and wife, their 18 heirs, assigns and successors in title, are authorized to 19 construct and maintain a temporary encroachment into the 20 right-of-way of the above-described 15' alley. 21 That the temporary encroachment herein autho.rized is 22 for the purpose of constructing and maintaining a 31 wide salt 23 treated, elevated walk for beach access and that said 24 encroachment shall he constructed and maintained in accordance 25 with the City of Virginia Beach Public Works Department's 26 specifications as to size, alignment and location, and further 27 that such temporary encroachment is more particularly described 28 as follows: 29 An area of encroachment into a 30 portion of the City's right-of-way 31 known as 151 alley, as shown on 32 that certain plat entitled: 33 "PHYSICAL SURVEY LOT 1 0 BLOCK 2 0 J4 CROATAN BEACH M.B. 24 P. 3 7 3 5 LYNNHAVEN BOROUGH VIRGINIA BEACH, 36 VA. SCALE 1" = 20' 14 JAN. 1981,11 37 a copy of which is on file in the 38 Department of Public Works and to 39 which reference is made for a more 40 particular description. 41 PROVIDED, HOWEVER, that the temporary encroachment 42 herein authorized shall terminate upon notice by the City of 43 Virginia Beach to Robert A. Barr and Mary L. Barr, husband and 44 wife, their heirs, assigns and successors in title and that 45 within thirty (30) days after such notice is given, said 46 encroachment shall be removed from the City's right-of-way of the 47 aforesaid 15' alley and that Robert A. Barr and Mary L. Barr, 48 husband and wife, their heirs, assigns and successors in title 49 shall bear all costs and expenses of such removal. 50 AND, PROVIDED FURTHER, that it is expressly understood 51 and agreed that Robert A. Barr and Mary L. Barr, their heirs, 52 assigns and successors in title, shall indemnify and hold 53 harmless the City of Virginia Beach, its agents and employees 54 from and against all claims, damages, losses and expenses 55 including reasonable attorney's fees in case it shall be 56 necessary to file or defend an action arising out of the location 57 or existence of such encroachment. 58 AND, PROVIDED FURTHER, that this ordinance shall not be 59 in effect until such time that Robert A. Barr and Mary L. Barr, 60 husband and wife, execute an agreement with the City of Virginia 61 Beach encompassing the aforementioned provisions. 62 Adopted by the Council of the City of Virginia Beach, 63 Virginia, on the 21 day of August 19 89 64 JAS/jls 65 04/ 03 / 8 9 APPROVED AS TO COI,@TEIiT@- 66 CA-89-3235 67 (noncode\barr.ord) SIGNA RE r- DEPAPTME,\4T APPROVED AS TO Lcr.C.Al- $UFFICIENCY A,@D ul@ /@ SC @TY ATTn"@@-" 2 - - - - - - - - - - - - - - -- ti LL P FA ---F2'FOI.tFLOM El F9 ------- 9 Fo lot FLOM STAE CH PROJI CT SITE; ot 1. LOCATION MAP THIS AGREEMENT, nade this day of 7,, 19 by and between the CITY OF VIRGINIA BEACII, VIRGINIA, a municipal corporation, party of the first part, and ROBERT A. BARR AND MARY L. BARR, IIUSBAND AND WIFE, TIIEIR IIEIRS, ASSIGNS AND SUCCESSORS IN TITLE, parties of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the parties of the second part to construct and maintain a 31 wide salt treated, elevated walk for beacli access in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such elevated walk, it is necessary that the,said parties of the second part encroach into a portion of an existing City right-of-way known as 151 alley, as shown on that certain plat entitled: "PHYSICAL SURVEY LOT 10 BLOCK 20 CROATAN BEACH M.B. 24 P. 37 LYNNHAVEN BOROUGII VIRGINIA BEACH, VA. SCALE 111 = 20- 14 JAN. 198111; and said parties of the second part have requested that the party of the first part grant a temporary encroachment to facilitate such elevated walk within a portion of the City's right-of-way known as the aforesaid 151 alley. NOW, TIIEREFORE, for and in consideration of the premises aiid of the benefits accruing or to accrue to the GPIN 2426-39-8037 parties of thc sccond part and for thc furthcr consideration of Otic Dollar ($1.00), !-n hand paid, to the said party of the first part, rccei.pt of which is hereby acknowledgcd, the party of the first part doth grant to the partics of tho' second part a teinporary cncroachmcnt to usc a portion of thc City's right-of- way lnown as the aforesaid 15' alley for the purpose of constructing and maintaillilig such elevatod walk. It is expressly understood and agreed that such temporary cncroachment will bc constructed and maintained in accordance with thc laws of thc Cormnonwcalth of Virginia and the City of Virginia Bcach, and in accordance with the City of V.irginia Bcach Public Works Dcpartmcnt's specifications and approval as to sizc, alignmcnt and location and is more particularly describcd as follows, to wit: An area of oncroacbment into a poition of thc City's right-of-way known as 151 allcy, as shown on that certain plat entitled: "PHYSICAL SURVEY LOT 10 BLOCK 20 CROATAN BEACB M.B. 24 P. 37 LYNNHAVEN BOROUGH VIRGINIA BEACH, VA. SCALE 1" = 201 14 AN. 1.981.11 a copy of which is attachod h(-'ret Exhibit "All and to which rcfercnce is for a more particular description. It is furthcr cxprcssly undorstood and@ t the temporary cncroachmcnt hcrein authorizcd shall terminate upon notice by thc City of Virginia Bcach to the parties of the second part, and that within thirty (30) days @ifter such notice is given, such tcmporary cncroachment shall be removed from the City's i.-i.ght-of-way known as the aforesaid 151 alley by the 2 parties of the second part; and that the parties of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the parties of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to.enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the parties of the second part. It is furtlier expressly understood and agreed that the parties of the second part shall install railing to the elevated walkway to meet all applicable City of Virginia Beach standards. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the parties of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the parties of the second part to remove such temporary encroachment; and pending such 3 removal, the party of the first part nay charge the parties of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the parties of the second part; and if such removal shall not be made within tlie time ordered liereinabove by this Agreement, the City shall impose a penalty in the sum of one Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Robert A. Barr and Mary L. Barr, husband and wife, the said parties of the second part, have caused this Agreeinent to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACii By City Manager (SEAL) ATTEST: City Clerk 4 Robert A. Ba'rr Mary@L la?r STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA BEACH, whose name is sigiied to the foregoing Agreement bearing date on the day of I 19 I has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19 Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITII, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of " 19 -, has acknowledged the same before me in my City and State aforesaid. 5 GIVEN under my hand this day of 19 ITotarhr Public my Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I @fillf d 417plil@ a Notary Public D in and for the cityjand State aforesaid, do hereby certify that Robert A. Barr, whose name is signed to the foregoing writing, bearing date the @L day of 19 90/ has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of My Commission Expires: @o im 6-0i) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I A0, t-i O/ a Notary Public in and for the City and State aforesaid, do hereby certify that Mary L. Barr, whose name is signed to the foregoing writing, bearing date the il@/ day of 19 has acknowledged the same before me in rny City and State aforesaid. 6 Given under my hand this day of 19 tary Public O My Commission Expires: 104 bf4 JAS/jls Date: 04/03/89 CA-89-3235 (encroach\barr.agr) OFROVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL y 7 THIG la TO CEITTIPY THAT 1. Qt4 14 JANUARY 1981 punva'.. THE F-ROPERTY SHOWN ON THIS PLAT. AND THAT THK TITLit Ut4gS At4P THII WA" Of TWA OIWII tNOb..Xg AS SHOWN ON THIS PLAY. T.49 BUILDINGS STAND STRICTLY WITHIN THK TITLK LINKS ANO Tiigtlg, A49 M"Tf OF OTHKJT 4UILDIN(if ON THK rHoegnTY. KXCE" As SHOWN. C.LIL sioNga A LLGY 0 4- so.o o' ZrGAlao td SleTuf" Z7-' i7 lo, v 60 1-6-f-alsa or 14.0, 7p cv go.o o' W d i 14' 19' W 75- 1. CROAYIN ROAD S AT L.A NT I C..' Faimefly CHAUI ... ...... --'-P'HY'S'IC'AL "SUR LOT 10 13LOCK CROATAN BEACH M.B. 24 R 37 LYNNHAVEN EIOROUGH VIRGINIA BEACH,VA. SCALE 1"120' i EXHIBIT "A" THIS IS NOT A SUBDIVISION PLAT - 28 - Item IV-G.8 CONSENT AGENDA ITEM # 31696 Upon mation by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED: LOW BIDS: McKenzie Construction Corporation in the amount of $970,000 for Fire Station #3, London Bridge (CIP 3-945). Meredith and Drake Construction, Inc. in the amount of $928,000 for City Gateway Project, Visitor Information Center (CIP 2-054). Contractors Paving Company, Inc. in the amounts of $62,363.80 for right-of-way improvements for Indian River Road at I-64 Off Ramp and Centerville Turnpike (CIP 2-816). River Road (CIPs 6-980 and 5-030): Suburban Grading & Utilities, Inc. in the amount of $631,438.68 for Sanitary Sewer and Water Improvements - Contract I. Shoreline Contractors, Inc. in the amount of $93,670 for Sewer Pump Station - Contract II. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 29 - Item IV-G.9 CONSENT AGENDA ITEM # 31697 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $5,940.95 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. ?4oss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FORM NO. C.A. 7 8/14/89 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- Date Penalty Int. Total Year of Tax Ntimber tion No. Paid Norma F Jordan 89 RE(1/2) 124777-3 11/28/88 497.67 Norma F Jordan 89 RE(2/2) 124777-3 6/5/89 497.67 Heritage Savings Bank 89 RE(1/2) 82287-6 12/5/89 79.61 Heritage Savings Bank 89 RE(2/2) 82287-6 6/5/89 79.61 Heritage Savings Bank 89 RE(1/2) 82288-5 12/5/88 79.61 Heritage Savings Bank 89 RE(2/2) 82288-5 6/5/89 79.61 Heritage Savings Bank 89 RE(1/2) 82289-4 12/5/88 77.32 Heritage Savings Bank 89 RE(2/2) 82289-4 6/5/89 77.32 Heritage Savings Bank 89 RE(1/2) 82290-1 12/5/88 79.61 Heritage Savings Bank 89 RE(2/2) 82290-1 6/5/89 79.61 Heritage Savings Bank 89 RE(1/2) 35421-1 12/5/88 79.61 Heritage Savings Bank 89 RE(2/2) 35421-1 6/5/89 79.61 Heritage S@vings Bank 89 RE(1/2) 35422-0 12/5/88 79.61 Heritage Savings Bank 89 RE(2/2) 35422-0 6/5/89 79.61 Claudia Ramano N/A Pkng 268150 7/7/89 25.00 David K Beazley N/A Pkng 285178 7/27/89 12.00 Susan A Fondrk N/A Pkng 280232 7/5/89 10.00 Total 1,993.08 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,993.08 were approved by the Council of the City of Virginia Beach on the-21day of Au ust 1989 - Approved as to form: Ruth Hodges Smith City Clerk R ndall M. Blow Assistant City Attorney FORM NO. C.A. 7 7/26/89 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: Tax Type Ticket Exonera- Date Penalty Int. Total NAME Year of Tax N Llmber tion No. Paid oceana Investment Group 89 RE(1/2) 83131-2 12/5/88 .46 Bel-Aire Inc 89 RE(1/2) 8086-4 12/5/88 545.84 Bel-Aire Inc 89 RE(2/2) 8086-4 6/5/89 545.84 St Lukes United Meth Chruch 89 RE(1/2) 105961-8 12/1/88 1,977.94 Sidney M Cohen 89 RE(1/2) 53928-2 6/30/89 187.23 Anderson Lee & Norris 89 RE(1/2) 88745-9 11/30/88 450.34 Cenit Bank 89 RE(1/2) 55204-2 12/5/88 15.67 Cenit Bank 89 RE(2/2) 55204-2 6/5/89 15.67 Robert L Walker 83 pp 119438-9 5/22/78 70.44 Robert L Walker 84 pp 128325-5 5/22/89 61.73 Kenneth R Shively 89 pp 165451-2 7/11/89 31.06 Kenneth R Shively 89 pp 16452-2 7/11/89 20.45 Elaine Forehand N/A Pkng 250621 7/12/89 25.00 Total 3,947.87 This ordinance shall be effective from date of adopti'on. The above abatement(s) total ng $3,947.87 were approved by the Council of the Citv of Virginia Beach on the 21 day of U@g U @t L --- 1.989 reasurer Approved as t Ruth Hodges Smith City Clerk Randall Vi. Blow Assistant City Attorney - 30 - Item IV-H. APPOINTMENTS ITEM # 31698 BY CONSENSUS, City C<)uncil RESCHEDULED the following APPPOINTMENTS: DEVELOPMENT AUTHORITY PUBLIC LIBRARY BOARD A - 31 - Item IV-I.1 UNFINISHED BUSINESS ITEM # 31699 The Honorable Moody E. "Sonny" Stallings, spoke in favor of the Resolution. Letter from Attorney H. Thomas Padrick, Jr. , 780 Lynnhaven Parkway, Windwood Centre, Suite 400, Phone: 468-7700, dated August 21, 1989, expressing support of the Resolution, is hereby made a part of the record. The Honorable Kenneth Whitehurst, Chief Judge, Circuit Court, expressed apreciation for ADOPTION of the Ordinance. Upon motion by Councilman Feischober, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution directing the City Manager to proceed with the construction of the Judicial Center Project along with Option B for financing the project. Option B financing includes a .6 Cents real estate tax increase effective July 1, 1990. The City Council will include in their legislative package a request for the user fees and same shall be introduced by the City's delegation to the General Asssembly. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None As the Court system moves into new facilities, existing facilities will be vacated. Councilman Moss requested updated costs estimates for renovating existing facilities for use by City departments. During the CIP process, Councilman Moss requested these amounts be brought forward and the funding sources identified in the appropriate program year. Requested by Councilman Harold Heischober I A RESOLUTION DIRECTING THE CITY MANAGER 2 TO PROCEED WITH THE CONSTRUCTION OF THE 3 JUDICIAL CENTER PROJECT ALONG WITH AN 4 OPTION FOR FINANCING THE PROJECT 5 WHEREAS, the current court buildings are becoming increasingly 6 inadequate in terms of capacity and security to meet the expanding needs of the 7 city; 8 WHEREAS, the General Assembly haB placed on the localities the 9 responsibility for providing local judicial facilities; 10 WHEREAS, as a result of a study the Judicial Center project has been 11 identified as necessary to meet the present and future judicial system needs of 12 the city; 13 WHEREAS, plans have been developed and substantially completed, land haB 14 been acquired, and various alternatives presented to Council for construction of is the Judicial Center project. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That the City Manager is hereby directed to proceed with the design, 19 construction, and financing of the Judicial Center in accordance with 20 Option B as described in the attached memorandum. 21 BE IT FURTHER RESOLVED: 22 That the City Manager is hereby directed to do all things necessary 23 including preparation of ordinances and modifications to the CIP consistent with 24 the option adopted. 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26 21@t- day of August , 1989. - 32 - Item IV-I.2 UNFINISHED BUSINESS ITEM # 31700 ADD-ON Mayor Oberndorf provided an update on the Labor Day weekend. Mayor Oberndorf extended a sincere greeting of welcome to all visitors with the firm understanding the City intends to maintain a safe and enjoyable environment. Under normal circumstances, large conventions are not usually booked on a major visitor weekend as Innkeepers are utilizing those rooms for family vacations that are planned year 'round. Mayor Oberndorf wished to remind the City Council and the citizens, the Pavilion is not a sports arena or an entertainment Colosseum. It is not built to house huge numbers of people with numbers of entrances and exists which can easily be maintained in order to protect the health, safety and welfare of all the citizens attending the entertainment. The Pavilion is a medium-sized convention and exhibit center, built to accommodate comfortably about 5,000 individuals. The City does have a liability to provide a safe access to all guests who are utilizing the City's public facilities. On April 13, 1989, Mayor Oberndorf forwarded a letter to all Members of City Council addressing issues associated with the beachfront area especially during the Holiday and Special Event Weekends. Mayor Oberndorf requested the City Manager appoint a Special Task Force. The task of the Committee would be to improve communications between the Community and the growing number of large groups visiting Virginia Beach to enjoy the hospitality. Members of the BEACHFRONT EVENTS COMMITTEE included: E. T. Buchanan Chairman Robert E. Fentress Vice Mayor James Capps President Virginia Beach Hotel and Motel Association R. Dean Lee President flampton Roads Chamber of Commerce - Virginia Beach Pamela Munden Youth Outreach Virginia Beach - YMCA Helen Shropshire United Civic Leagues Thomas Padrick Attorney - Anderson, Lee and Norris Del Karlsen Beach resident Mary Redd Urban League Kal Kassir Chairman Virginia Beach Resort Leadership Council. - 33 - Item IV-1.2 UNFINISHED BUSINESS ITEM # 31700 (Continued) ADD-ON Staff Assistance to be provided by: Thomas Martinsen Deputy City Manager Pamela Lingle Director of Public Information James Ricketts Director of Department of Convention and Visitor Development Linda Champion Office of the Deputy City Manager Captain Clyde D. Hathaway Virginia Beach Police Henry Ruiz Administrator Resort Programs Office Charles Applebach Polizos Agency Flo McDaniel Executive Director Virginia Beach Ilotel/Motel Association *(Mrs. Bessie Bell has offered her most valuable assistance in making preparations and appropriate expansion of the Courtesy Patrol) Virginia Beach must continue its status as a "friendly" City and maintain its reputation as a quality family resort. Out of a commitment to youth and the numerous accidents, the "open container" Ordinance was ADOPTED. Immediately abutting the 40 blocks of the resort area is a full-time year 'round residential community. In being assured the City is safe for guests, Virginia Beach is also responsible for protecting the healthy environment of the City's residents. Mayor Oberndorf has joined with the City of Norfolk in attempting to recruit the eight Presidents from the Black colleges and universities to bring the CIAA Trounament back to Norfolk and Virginia Beach in the years 1991, 1992 and 1993. Mayor Oberndorf expressed appreciation to the Virginia Beach Chamber of Commerce and the Neptune Festival to oversee festivities in the years to come This responsibility will offer an exciting opportunity for the Chamber and the Mayor looks forward to their proposals. Au ust 21 1989 - 34 - Item IV-N. ADJOURNMENT ITEM # 31701 Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the Meeting at 3:45 P.M. Beverly 06 Hooks Chief Deputy City Clerk @uth Hod M&eyer". Obern ,As Smith, CMC City Clerk Mayor City of Virginia Beach Virginia