HomeMy WebLinkAboutAPRIL 3, 1989
"WORLD'S LARGEST RESORT CITY"
CITY COLTNCIL
-IOR MEYEM E,
@ICE M@Y.R @-I
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JOHN L PE"Y,
JR,, 281 CffY HALL BUILDING
MUNICIPAL CENTER
IUBnl I --, JR, C@, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
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April 3, 1989
ITEt4 1. CITY MANAGER'S BRIEFING - Conference Room - 11:30'AIA
A. RECREATIONAL/COW4ERCIAL WATER USE
Captain Ernest F. Buzzy, Chairman - Study Committee
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 PM
A. CITY COUNCIL CONCERNS
ITEM 111. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend Kelly J. Burris
Kempsv I I I e Bapt I st Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - March 27, 1989
2. SPECIAL FORMAL SESSION - March 30, 1989
E. RESOLUTION
1. Resolution supporting the concept of a Regional Jail and requesting
the Southeastern Virginia Planning District CorrFnission to pursue
the planning ot such facility.
F. CONSENT AGENDA
All matters listed under the Consent 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 from the Consent
Agenda, it wi 11 be discussed and voted upon separately.
1. Ordinance to AMEND and REORDAIN Section 6-12 of the Code of the
City of Virginia Beach, Virginia, re riding horses or driving
vehicles on beach or dunes.
2. Ordinance to AMEND and REORDAIN Article VIII of Chapter 6,
Sections 6-161, 6-162, 6-163 and 6-164 of the Code of the City of
Virginia Beach, Virginia, and ADDING Section 6-165 re Virginia
Beach Erosion Commission.
3. Ordinance to AMEND and REORDAIN Section 23-18.1 of the Code of the
City of Virginia Beach, Virginia, re riots and unlawful assemblies.
4. Ordinance to AMEND and REORDAIN Section 23-22.1 of the Code of the
City of Virginia Beach, Virginia, re drinking alcohol In public
(in vehicle).
5. Ordinances to AMEND and REORDAIN Chapter 23 of the Code of the City
ot Virginia Beach, Virginia, by ADDING:
a. a new Section 23-58 re commercial parking lots.
b. a new Section 23-59 re ott-site parking facilitles.
c. a new Section 23-60 re placement of vending machines on private
property.
d. a new Section 33-18 re placement of vending machines on public
property.
6. Ordinance authorizing the City Manager to AMEND the open alr cafe
regulations adopted by City Council on November 25, 1985, by
including provisions for the operation and regulation of side-
street cafes, and authorizing the City Attorney to develop an
amended franchise agreement to be executed by grantees of side-
street cafe franchises.
7. Ordinance to authorize acquisition of property in fee simple and
temporary and permanent easefnents, either by agreement or
condemnation, for the right-of-way for General Booth Boulevard
Phase 11.
8. Ordinance upon SECOND READING to APPROPRIATE a maximum ot $245,000
for Growth Management Related Studies, such funding to be provided
from ending balances.
9. Ordinance upon FIRST READING to APPROPRIATE $375,000 for loan
reser-vation; and, authorizing the City Manager to execute an
agreement with the Virginia Department of Housing and Community
Development for a Single Family Rehabilitation and Energy
Conservation Loan Program.
10. Ordinance upon FIRST READING to APPROPRIATE $126,000 in Community
Development EXCESS program income f unds to the Community
Development housing loan and grant fund; and, to AMEND the
Community Development Block Grant 14th Year Final Statement of
Objectives.
11. Ordinance upon FIRST READING to INCREASE APPROPRIATIONS by $694,700
for foster care services and revenue frcrn the Commonwealth in the
Department of Social Services.
12. Ordinance upon FIRST READING to ACCEPT and APPROPRIATE $34,000 from
the U.S. Department of Housing and Urban Development for homeless
assistance activities; and, to authorize the City Manager to
execute agreements regarding such funds.
13. Ordinance to TRANSFER $200,000 to Project 1-019 Adult Learning
Center Parking Lot for the construction of additional parking
spaces.
14. Ordinance to TRANSFER $84,000 to Proj ect 2-089 Southeastern
Expressway for the purchase of property along the proposed
Expressway alignment.
15. Ordinance to TRANSFER $65,000 to the Gracetown Street and Drainage
Project to expedite the design of a piped drainage system and to
cover other costs.
16. Ordinance to authorize a temporary encroachment into a portion of
the right-of-way of Kings Grant Road to Rose Hall Associates One,
its assigns and successors in title, re Installation of an
ldentlfication sign for Rose Hall.
17. Low Bid to Coleman Construction Corporation in the amount of
$754,355.00 for expansion of Public Utilities Department Operations
Division facilities located at the Landstown Yard. (CiPs 5-836 and
6-828).
18. RAFFLF/BINGO PERMITS
Beth Chaverim Reform Temple Raffle
Fleet Reserve Association Bingo/Raffle
Fraternal Order of Police Bingo
Sandbridge Fire Brigade Bingo
19. Ordinance authorizing a tax refund in the amount of $19,455.35.
20. Ordinance authorizing a license refund in the amount of $1,961.95.
G. UNFINISHED BUSINESS
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 3, 1989
The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL were called
to order by Vice Mayor Robert E. Fentress in the Conference Room, City Hall
Building, on Monday, April 3, 1989, at 11:30 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, John L. Perry and
William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf (ENTERED: 11:53 A.M.)
Nancy K. Parker (ENTERED: 12:02 A.M.)
Mayor Oberndorf and Councilwoman Parker were attending the Kick-Off Ceremony of
the 1989 Clean Sweep Awareness Month of the Clean Community Commission.
- 2 -
C I T Y M A N A C E R 'S B R I E F I N G
RECREATIONAL/COMMERCIAL WATER USE
11:30 A.M.
ITEM # 30978
The City Mana-.er introduced Captain E. F. Buzzy, Sr., who presented a report of
the Recreation/Commercial Water Use Study Committee.
Captain Buzzy introduced Edward Barco, who Chaired the subcommittee, to provide
recommendations to make the waterways a safer area for all those who enjoy
water-related activities. Edward Barco is a Member of the WETLANDS BOARD and a
retired Civil Engineer,
Captain Buzzy has been a boatman for approximately 35 years, has taken the
courses offered by the Coast Guard Auxiliary and was recently certified by
the United States Coast Guard with a license as a Charter Boat Captain to
operate a vessel within 100 miles of the coast.
Captain Buzzy advised the areas considered by the Recreation/Commercial Water
Use Study Committee:
The area from the #1 Green Can buoy at the entrance
to the Lynnhaven Inlet seaward south to the Lesner
Bridge.
The Lynnhaven River basin eastward through Long
Creek and Old Long Creek
Broad Bay and The Narrows
Rainey's Gut and Crystal Lake
Linkhorn Bay and Deary Cove
Little Neck Creek
Individuals who were selected to serve on this Committee represent varying
interests within the community, i.e, property owners adjoining the geographical
areas considered, civic league, geographical, recreational and commerical
fisherman, members of a local windsurfing association and jet ski and power
boat distributors. Twenty-five individuals comprised the Recreation/Commercial
Water Use Study Committee:
Edward B. Barco M. B. Jackson
Alex Bell, Sr. Reed Jeavons
Susan Bell Steve Johnston
Marcel Burger Alfred S. Leiman
William Byman Reginald Lynch
John Coates Pete Nixon
Archie Crittenden William St. Lawrence
Larry Davenport William H. Stemler
Fred Feller Richard L. Styles
Marion Goodman Glen Thompson
Feed Hazelwood Adin K. Woodward
John Herzke
Barry Hull
It was determined that three subcommittes with defined areas of responsibility,
goals and objectives, could more effectively study the areas of concern and
arrive at reasonable recommendations.
- 3 -
C I T Y M A M A G E R 'S B R I E F I N C
RECREATIONAL/COMMERCIAL WATER USE
ITEM # 30978 (Continued)
Captain Buzzy reiterated the concerns of the Committee:
Complaints of congestions, reckless operation and excessive speed of
power-driven vessels is a constant complaint in the Lynnhaven Inlet
entrance area just north of the Lesner Bridge.
The congestion of Broad Bay and Linkhorn Bay.
The undulating high-pitched noise generated by jet skis and similar
watercraft, the excessive wakes created by various types of power-driven
vessels and damage of boats, piers and shoreline due to these wakes.
Consumption of alcoholic beverages
Some of the congestion experienced by Broad Bay and the waterways leading
to the Chesapeake Bay is due to vessels being launched from the boat ramp
located at the State Park.
The Committee recommended:
The operating speed for all power-driven vessels should be limited to
steerage speed in certain areas. This restriction should include the
waterway south from the Number #1 Green Can Entrance Buoy through the
Lesner Bridge Channel to the Lynnhaven River. The speed restriction
should also include and extend eastward from the Lynnhaven River
along the channels known as Old Long Creek to the western end of
Broad Bay and along Long Creek from Old Long Creek to its easterly
end bordering Broad Bay. The area of The Narrows should also be
designated as steerage speed only. This is bordered on the north by
the State Park.
Because of the diverse types of vessels utilizing the area of Broad
Bay and Linkhorn Bay, a throughway should be designated when exiting
Long Creek Channel through The Narrows and through Linkhorn Bay. The
throughway should be 100-150 feet wide clearly marked by buoys on
each side. No fishing, crabbing, anchoring, or watersking should be
operated in this area.
Consideration should also be given to an age limit of operators of
power-driven vessels.
There should be support of legislation on a local as well as state
level of licensing of watercraft operators.
The City should seek the cooperation of the State Park Service in
prohibiting boat launching and landing of any type of vessel on the
sandy beach north of The Narrows Channel. It is suggested the State
Park Service provide a sandy beach adjacent to this boat ramp for the
launching of jet skis. The State Park Service should also have
sufficient personnel on hand to enforce drinking in public.
The Committee recommends the City expedite the construction of its
proposed Lynnhaven Boat Ramp. The operation of any power-driven
vessel shall be restricted to steerage speed within 300 feet of any
shoreline (Broad Bay, Linkhorn Bay, Crystal Lake, Little Neck Creek)
area identified by this Committee.
The most important recommendation is to develop and support a
vigorous public awareness program directed at marine safety Training
programs with the assistance of the Municipal Cable Network and
members of the Virginia Beach Marine Patrol. Television spots of 15-
30 seconds each, identifying safety equipment required on various
types of watercraft, with related city and state laws pertaining to
water-related regulations, could be video taped for viewing at
various times.
The City Manager will proceed with the compilation of the necessary Ordinances
for City Council's approval. The City Manager would like to proceed as quickly
as possible with the signage of and delineation necessary for the particular
areas and move ahead with the education of the public via the Municipal Cable
Network.
- 4 -
C I T Y M A N A G E R 'S I T E M S
ITEM # 30979
The City Nianager distributed information from Timothy Barrow, Chairman - Resort
Area Advisory Cop-imission, related to the Ordinance to AMEND and REORDAIN
Chapter 23 of the Code of the City of Virginia Beach, Virginia, by ADDING: A
new Section 23-60 re placement of vending machines on private property; AND, a
new Section 33-18 re placement of vending machines on public property.
ITEM # 30980
The City Manager advised of an additional item on the City Council Agenda. The
City Manager will be distributing information relative the Commonwealth Health
Alliance for their perusal.
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C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 30981
Mayor Oberndorf acknowledged and congratulated Councilman Harold Heischober as
the new FIRST CITIZEN, selected by the Virginia Beach JAYCEES.
ITEM # 30982
Mayor Oberndorf apologized for entering the City Council Session late. Mayor
Oberndorf had PRESENTED a PROCLAMATION on behalf of the 1989 Clean Sweep
Awareness Month. Because of the possibility of rain, the affair was delayed
moving from the lawn of the Municipal Complex to inside City Hall.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEYI # 30983
Councilman Sessoms referenced the Old Dominion survey on the Boardwalk for
tourists. The transportation mode to Virginia Beach is still the automobile
comprising 92.2Z.
The traffic backup at the Hampton Roads Tunnel is becoming increasingly worse
which might cause a negative impact on tourism if the situation cannot be
corrected.
Robert Matthias, Tntergovernmental Relations Co-ordinator, advised Delegate
McClanan introduced a Study Resolution which was adopted. This Resolution will
request the Virginia Department of Transportation to investigate the Hampton
Roads Bridge Tunnel problems along with T-64 and Route 17. Because preliminary
findings indicate four more lanes of traffic would be necessary, this would
most probably entail a considerable expense. Robert Matthias advised a new
traffic information system will be instituted very shortly. The speed through
the Tunnel has been investigated. The Planning District Commission performed a
study approximately three months ago and stated the tunnel just operated at 99%
of its capacity. The tunnel carries more traffic during the week than during
the weekend.
Mayor Oberndorf referenced communication boxes in other states along major
highways. These are available on the Chesapeake Bay-Bridge Tunnel.
Councilwoman McClanan advised a Committee was formed as part of the Study of
the Southeastern Virginia Planning District Commission. This Committee is
composed of elected officials and employees of the Virginia Department of
Transportation. Said Committee discovered with relation to the appearance of
the Hampton Roads Bridge Tunnel, the cleaning machine had been broken for two
years. There is also a significant delay in relaying the information of
congestion due to various problems to the flashing signs. Councilwoman @IcClanan
will provide a report of the Committee. Councilman Heischober advised most of
the slow-down in traffic is upon entering the Tunnel because of the change from
lightness to darkness. An effective lighting system is being devised for the
entrance of each Tunnel.
Councilwoman McClanan referenced the City should advise alternative
transportation routes of arriving in the Resort area.
ITEM # 30984
Councilman Heischober referenced House Bill No. 1739 and advised the Governor
has not signed, but returned, the Bill for RECONSIDERATION. Councilman
Heischober distributed a copy of the Bill and a proposed Resolution requesting
the General Assembly of Virginia amend House Bill No. 1739 pertaining to the
planting of trees so as to afford flexibility to localities in determining
required minimum tree canopy percentages. The proposed Resolution has been
discussed with Roger Huff, City Arborist and Bartow H. "Pat" Bridges, Jr.,
Chairman of the Mayor's Task Force on the City's Appearance, who concur that
the minimum percentages for tree canopy coverage may be excessive.
Councilwoman McClanan advised the Governor has two clarifying statements to be
inserted in item 4 and 5 of said Bill. Councilwoman McClanan advised in
speaking with Delegate Byrne, she was assured the Northern Virignia localities
are looking forward to enacting this legislation. There are two manuals on
which this proposed Bill is based.
TTDI # 30985
Councilman Sessoms referenced the possibility of performing an environmental
impact assessment before the purchase of land and advised if there are any
guidelines in existence. The expense would be worth same to prevent a major
problem. Private businesses are conducting these assessments prior to acquiring
any property.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N
ITEM # 30985 (Continued)
The City Manager advised there is the possibility of toxic wastes or similar
items which would represent considerable contingent liability to the City, are
being identified but the City does not perform an environmental impact
assessment on every single piece of property. The City Manager will advise as
this can be a substantial cost to the City.
TTEM # 30986
Councilman Balko advised Minneapolis and St. Paul have declared war on
plastics. Mayor Oberndorf will correspond with George Latimer, Mayor of St.
Paul, Minnesota, to be aware of the specifics.
ITFIII # 30987
Councilman Moss requested during the Comprehensive Plan Review the major
intersections be identified for each of the Study areas. Councilman Moss
requested the year 2010 performance level for these intersections and based
upon the current Comprehensive Plan, the design traffic generation. As the City
Council is reviewing applications in the interim, they would have some idea
what the surplus capacity is, if any, in maintaining the performance standards
the City is trying to maintain with their investment of highways.
Councilwoman McClanan advised at the present time, the Staff indicates the
Comprehensive Plan recornmends commercial zoning, the highest intensity at all
of the major intersections. A number of roads could be "stripped out" very
quickly. This portion of the Comprehensive Plan needs to be evaluated.
ITEM # 30988
Councilman Perry referenced Ordinance to TRANSFER $65,000 to the Gracetown
Street and Drainage Project to expedite the design of a piped drainage system
and to cover other costs (See Item IV-F.15 of the CONSENT AGENDA.) This pipe
drainage system was designed ten (10) years ago.
ITEM # 30989
The magazine "Popular Science" contained an article relative a sewage disposal
system designed by the University of North Carolina exactly like the one
designed for Mrs. Brock. The price is one-third of the amount charged Mrs.
Brock.
ITIN # 30990
Councilwoman Henley referenced Sentara Health Systems Changes of Zoning and
Conditional Use Permit for a hospital and nursing home SCHEDULED for the City
Council Agenda of April 10, 1989. Councilwoman Henley requested the City Staff
provide information relative water consumption, as well as on other Planing
items which are heavy water users.
ITEM # 30991
Councilman Perry referenced the "dope" traffic and speeding on Burton Station
Road. Councilman Perry requested these concerns be addressed immediately.
ITEM # 30992
Councilman Perry reiterated his concerns relative a possible riot at Heartbreak
Cafe on Baker Road. Sometimes there are two hundred cars parked there.
- 8 -
ITEM # 30993
The INF'ORMAL 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, April 3, 1989, at 12:59 P.M.
Council Members Present:
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 Absent:
None
- 9 -
ITEM # 30994
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATIERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HEIJ) PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McCianan, 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:
Barbara @l. Henley
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F 0 R M A L S E S S I 0 N
VTRGINIA BEACH CITY COUNCIL
April 3, 1989
2:00 P.M.
Mayor @leyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CTTY COUNCIL in the Council Chambers, City Hall Building, on Monday,
April 3, 1989, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor imeyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend Kelly J. Burris
Kempsville Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Item IV-D.I.
MINUTES ITEM # 30995
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of the City
Council Meeting of March 27, 1989, as CORRECTED:
Page 14, ITEM # 30952.
Ordinance to authorize a temporary encroachment
into a portion of the rights-of-way of Donation
Drive and Alfriends Trail to Rufus A. Jones, his
heirs, assigns and successors in title.
The following condition shall be CORRECTED:
7. ?ie) open ettt ei a ptiblie roadway she!3: be a d
exeept under extreme eireumstanees, stell exeevt+/-o.s
be stt@.Mit- ior
fi"al appro,al.
Condition No. 7 shall CORRECTLY read as follows:
7. The applicant shall not cut through lawns or
driveways but cut through the public asphalt
roadway. This shall be submitted to the Highway
Division for final approval.
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. @'loss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 12 -
Item IV-D.2.
MINUTES ITEM # 30996
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of the City Council
Meeting of March 30, 1989:
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara i@l. Henley, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Robert E. Fentress, John D. @loss and John
L. Perry
Council Members Absent:
None
Vice @layor Robert E. Fentress, Councilman John D. Moss and Councilman John L.
Perry ABSTAINED as they were not in attendance at the Special Formal Session of
March 30, 1989.
- 13 -
Item IV-E.I.
RESOLUTIONS ITEtl # 30997
Rae H. LaSesne, 5325 Thornburg Lane, Phone: 497-8008, believed any concept with
regard to a Regional Jail should include additional funding form the State to
handle the overgrowth of their own prisoners
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED:
Resolution supporting the concept of a Regional
Jail and requesting the Southeastern Virginia
Planning District Commission to pursue the planning
of such facility.
Councilman Moss referenced the bed deficiency in the year 2010, even with the
new jail expansion, will be 550 beds. Councilman Moss wanted to be assured the
City could cover the current projected demand. Councilman Heischober encouraged
redefinition of a "local prisoner" vs a "state prisoner".
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. @loss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
P,ESOLUTION
SUPPORTING THE CONCEPT OF A REGIONAL JAIL AND
REQUESTING THE SVPDC TO PURSUE THE PLANNING OF
SUCH FACILITY.
WHEREAS there exists severe overcrowding in the correctional
facilities of all the localities of Hampton Roads; and
WHEREAS even with planned additions to the various
correctional facilities in the individual cities, there will
still exist a need to provide an additional 1,500 beds by the
Year 2000; and
the General Assembly of Virginia has recently
adopted legislation allowing the state to pay up to 50% of the
cost of regional facilities; and
WBEREAS the city of Virginia Beach could expect to save a
significant amount of money by participating in a regional
facility as opposed to constructing its own facility to house the
prisoner population of the Year 2##@.
Naw THEREFORE be it resolved by the Council of the City of
Virginia Beach that the Southeastern Virginia Planning District
Commission is requested to continue to pursue the concept of the
construction of a regional correctional facility, and that this
include the selection of a site for the regional facility and the
consideration to be given the host locality for the placement of
the facility within its boundaries; and
BE IT FURTMM RESOLVED that this will be at no cost to the
City of Virginia Beach nor will it entail an obligation to
participate in a regional facility unless specifically agreed to
by Council at a later date; and
BE IT FURTHER RESOLVED that the Southeastern Planning
District Commission is requested to aggressively pursue legal or
other avenues to make certain that the Commonwealth assumes its
responsibility for the care of state prisoners; and
BE IT FURTHER RESOLVED that the City Council urges the
Commonwealth of Virginia to assure the localities of Hampton
Roads that it will fulfill its lawful obligation for,@he housing
of state prisoners.
Resolved by the Council Beach on
this 3i-Li_-- day of A pi 1
- 14 -
Item IV-E.2.
RESOLUTIONS ITEM # 30998
ADD-ON
Roger Huff, City Arborist, advised in reviewing the language contained in House
Bill No. 1739 and on the recommendation of the City Attorney's Office which
stated requirements must be at a minimum and same cannot be altered,
preliminary staff review reflects these requirements are excessive with regard
to the ten-year canopy. Utilizing the example of a Willow Oak Tree, platted at
2 to 2-1/2 inch caliper after a 10-year period, resulted in 15-foot width or
177 square feet. This example was applied to residential and commercial
applications. Copies of these findings were distributed to City Council and
are hereby made a part of the record. The City Staff would prefer flexibility
with regard to the age this canopy can be achieved.
Councilwoman McClanan advised Bill No. 1739 has passed through the General
Assembly. The Governor only has slight clarifications to the language contained
in the Bill. Under item No. B.3, the number of units would be changed from
"eleven to nineteen units" to "more than ten but less than twenty units". Item
4.B. would be changed from "three to ten units" to "ten units or less". Item
No. 5.B. would be eliminated completely. Delegate Byrne has assured
Councilwoman McClanan, the localities in Northern Virginia are looking forward
to working with the Bill. There were two manuals utilized in the formulation of
the Bill.
A MOTION was made by Councilman Heischober, seconded by Councilman Baum to
ADOPT a Resolution requesting the General Assembly of Virginia to Amend House
Bill No. 1739 pertaining to the planting of trees so as to afford flexibility
to localities in determining required minimum tree canopy percentages.
A SUBSTITUTE MOTION was made by Councilwoman Parker, seconded by Councilwoman
McClanan to DENY a Resolution requesting the General Assembly of Virginia to
Amend House Bill No. 1739 pertaining to the planting of trees so as to afford
flexibility to localities in determining required minimum tree canopy
percentages.
Councilman Heischober WITHDREW his Main MOTION. Councilman Heischober requested
the City Council advise the General Assembly of their concerns relative House
Bill No. 1739 as expressed by Roger Huff. It was suggested the letter be
DRAFTED by Councilwoman McClanan and Councilman Heischober for the Mayor's
signature.
A MOTION was made by Vice Mayor Fentress, seconded by Councilman Perry to
WITHDRAW the Resolution requesting the General Assembly of Virginia to Amend
House Bill No. 1739 pertaining to the planting of trees so as to afford
flexibility to localities in determining required minimlim tree canopy
percentages. The concerns relative House Bill No. 1739 shall be communicated to
the General Assembly.
A SUBSTITUTE MOTION was made by Councilman Moss, seconded by Councilwoman
Parker that City Council ALLOW WITHDRAWAL of the Resolution and no
communication shall be forwarded to the General Assembly.
Resolution requesting the General Assembly of
Virginia to Amend House Bill No. 1739 pertaining to
the planting of trees so as to afford flexibility
to localities in determining required minimum tree
canopy percentages. The concerns relative House
Bill No. 1739 shall be communicated to the General
Assembly.
- 15 -
Item IV-E.2.
RESOLUTIONS ITEM # 30998 (Continued)
ADD-ON
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, Barbara M. Henley, Reba S. McClanan,
John D. Moss, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
None
- 16 -
Item IV-F.
CONSENT AGENDA TTEM # 30999
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED in ONE MOTION Items 1, 6, 7, 9, 11, 12, 13, 17, 18, 19 and 20
of the CONSENT AGENDA. Item 2 was DEFERRED for one week.
Items 3, 4, 5, 8, 10, 14, 15 and 16 were voted upon separately.
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
- 17 -
Item IV-F.l.
CONSENT AGENDA ITEM # 31000
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-12 of the
Code of the City of Virginia Beach, Virginia, re
riding horses or driving vehicles on beach or
dunes.
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
APPROVED AS TO CO","TEI@T@',
I
APPROVc,'@) A@-,, TO LEGAL
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 6-12 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO RIDING HORSES OR
5 DRIVING VEHICLES ON BEACH OR DUNES
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 6-12 the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 6-12. Riding horses or driving vehicles on beach or
14 dunes.
15
16 (a) It shall be unlawful for any person to ride a
17 horse or any other animal or to operate or drive a vehicle of any
18 kind on the public beaches or upon the sand dunes within the
19 city, except that area between the ocean and sand dunes south of
20 the exit ramp at the southern end of Little Island Recreation
21 Park (now being used as a public way to commute back and forth to
22 a place of residence).
23 (b) The city police mounted patrol, ecity vehicles
24 operated while cleaning or working on the beach, city police and
25 emergency vehicles, erosion commission vehicles and vehicles of
26 net fishermen operating under proper permits shall be exempt from
27 the application of this section.
28
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the 3rd day of April 1989.
31
32 WEB/epm
33 03/07/89
34 CA-03202
35 \ordin\proposed\06-012.pro
- 1.8 -
Item IV-F.2.
CONSENT AGENDA ITEM # 31001
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council DEFERRED until the City Council Meeting of April 10, 1989:
Ordinance to AMEND and REORDAIN Article VIII of
Chapter 6, Sections 6-161, 6-162, 6-163 and 6-164
of the Code of the City of Virginia Beach,
Virginia, and ADDING Section 6-165 re Virginia
Beach Erosion Commission.
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
- 19 -
Item IV-F.3
CONSENT AGENDA ITEM # 31002
Assistant City Attorney William Byman defined "unlawful assembly" and "riots".
Upon motion by Councilman Moss, seconded by Vice Mayor Fentess, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-18.1 of
the Code of the City of Virginia Beach, Virginia,
re riots and unlawful assemblies.
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 SECTION 23-18.1 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO RIOTS AND UNLAWFUL
5 ASSEMBLIES
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 23-18.1 of the Code of the City of
10 Virginia Beach is hereby amended and reordained to read as
11 follows:
12
13
14 Section 23-18.1. Riots and unlawful assemblies - restriction or
15 regulation of persons and vehicles by chief of
16 police.
17
18 a. The chief of police, upon his determination that
19 there exists an imminent threat of civii commotion or disturbance
20 in the nature of a riot, constituting a clear and present danger
21 to the public safety, may restrict or regulate the movement of
22 persons and vehicles and may prohibit any assembly of persons in
23 such areas as may be affected by the commotion or disturbance.
@4 b. Any person who shall willfully enter an area which
25 is subject to such restriction, after having been lawfully warned
26 not to do so, shall be guilty of a Class 1 misdemeanor.
27
28 Adopted by the Council of the City of Virginia Beach,
29 Virginia, on the 3 rd day of April 1989.
30
31 WEB/epm
32 03/13/89
33 03/15/89
34 CA-03214
35 \ordin\proposed\23-018-l.pro
- 20 -
Item IV-F.4
CONSENT AGENDA ITEM # 31003
Assistant City Attorney William Byman advised the present Ordinance reflects an
individual carrying an open container or alcoholic beverage on a public street
or in an automobile cannot be cited for violation unless an officer actually
observes him drinking from the container.
Chief Wall advised this amendment would make it unlawful to carry in public any
alcoholic beverage in an open container, and to clarify the intent the scope
of the Ordinance should include persons in motor vehicles.
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-22.1 of
the Code of the City of Virginia Beach, Virginia,
re drinking alcohol in public (in vehicle).
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. @IcClanan, 14ayor Meyera E. Oberndorf, Nancy K.
Parker and and William D. Sessoms, Jr.
Council @lembers Voting Nay:
John D. Moss and John L. Perry
Council Members Absent:
None
The City Attorney will provide a definition of "similar facility" on line 35 of
said Ordinance. Assistant City Attorney Les Lilley advised Section 2-22.1, with
the exception of the added language contained in lines 18 through 21,
paralleled Section 4-78 of the State Code. This is a more restricted provision
and the City Attorney's Office will prepare a report reiative same.
AN ORDINANCE TO AMEND AND REORDAIN
1 SECTION 23-22.1 OF THE CODE OF THE
2 CITY OF VIRGINIA BEACH, VIRGINIA,
3 PERTAINING TO DRINKING ALCOHOL IN
4 PUBLIC (IN VEHICLE)
5
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Section 23-22.1 of the Code of the City of
10 Virginia Beach, Virginia, is hereby amended and reordained as
11 follows:
12
13 Section 23-22.1. Drinking alcoholic beverages, or tendering to
14 another, in public place.
15
16 (a) If any person shall take a drink of alcoholic
17 beverages or shall tender a drink thereof to another, whether
18 accepted or not, or manually possess any unsealed or open
19 container of any kind which contains an alcoholic beverage, at or
20 in any public place, or on or within any vehicle located in a
21 public place, he shall be guilty of a Class 4 misdemeanor.
22 (b) This section shall not prevent any person from
23 drinking alcoholic beverages or offering a drink thereof to
24 another in the dining room or other designated room, as defined
25 in section 4-25, Code of Virginia, of a hotel, restaurant, club
26 or boat, or in a dining car, club car, or buffet car of any
27 train, or beer only within all seating areas, concourses,
28 walkways, concession areas, as well as other additional locations
29 designated by the Virginia Alcoholic Beverage Control Commission,
30 in coliseums, stadia, or similar facilities, during the
31 performance of a professional sporting exhibition or event,
32 provided such beer is served in a paper, plastic or similar
33 disposable container, or in any other establishment, provided
34 such hotel, restaurant, club, boat, dining car, club car, buffet
35 car, coliseum, stadium or similar f a c i I i t yor other
36 establishment, or the person who operates the same, including a
37 concessionaire, is licensed to sell at retail for consumption in
38 such dining room, room, car, seating areas, concourses, walkways,
39 concession areas, as well as other additional locations
40 designated by the commission, in such coliseum, stadium or
41 similar facility or establishment, such alcoholic beverages, and
42 the alcoholic beverages drunk or offered were purchased therein.
43
44 Adopted by the Council of the City of Virginia Beach,
45 Virginia, on the 3 day of April 1989.
46
47 WEB/epm
48 01/27/89
49 02/07/89
50 CA-89-3137
51 ordin\proposed\23-022-l.pro
52
2
- 21 -
Item IV-F.5.a/b
CONSENT AGENDA ITFkl # 31004
Timothy Barrow, 1928 Thunderbird Drive, Phone: 468-2717, Chairman of the
Resort Area Advisory Commission, expressed the RAAC's support of the proposed
Ordinances.
Upon motion by Vice i@layor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinances to AMEND and REORDAIN Chapter 23 of the
Code of the City of Virginia Beach, Virginia, by
ADDING a new Section 23-58 re commercial parking
lots.
A N D,
Ordinances to AMEND and REORDAIN Chapter 23 of the
Code of the City of Virginia Beach, Virginia, by
ADDING a new Section 23-59 re off-site parking
facilities.
Voting: 10-1
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 and William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
APPROVED AS TO CONTE4TS
DEPARTMENT
APPROVED AS TO LECAL
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING A NEW
4 SECTION 23-59 PERTAINING TO OFF- CITY ATTORNEY
5 SITE PARKING FACILITIES
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That the Code of the City of Virginia Beach is hereby
10 amended and reordained by adding a new section 23-59 to read as
11 follows:
12 Section 23-59. Off-site parking facilities.
13 (a) The provisions of this section, and the term "off-
14 site parking facility", shall apply to any lot which is used
15 principally for the parking of motor vehicles, except commercial
16 parking lots as defined in Section 23-58.
17 (b) off-site parking facilities shall at all times,
18 whether or not in operation:
19 (1) Have an improved surface, which may consist of
2u six-inch aggregate or such other surface as may be approved by
21 the City Engineer;
22 (2) Be completely enclosed, except at points of
23 ingress and egress, by a split-rail fence or other fence meeting
24 the requirements for fences set forth in the City's Landscaping,
25 Screening and Buffering Standards and Specifications or by
26 landscaping meeting the requirements of the City's Parking Lot
27 Landscaping Specifications and Standards pertaining to perimeter
28 screening, or shall be delineated, at the perimeter thereof, by
29 wheel stops;
30 (3) Contain no less than one trash receptacle, plainly
31 visible and marked as such, for every three thousand, five
32 hundred (3,500) square feet of lot area or fraction thereof;
33 (4) Be maintained in a clean and orderly condition at
34 all times. All trash receptacles shall be emptied and the
35 contents thereof properly disposed of at the close of operation
36 daiiy and at such other times as receptacles become full;
37 (5) Shall, notwithstanding the provisions of any other
38 ordinance or regulation, including, without limitation, Section
39 1513 of the City Zoning Ordinance, be allowed one sign per
40 principal entrance. No such sign shall exceed six square feet
41 per face in surface area. Each sign shall contain the name of
42 the establishment operating the lot and times of operation.
43 Signs shall otherwise comply with all applicable City sign
44 regulations.
45 (c) Off-site parking facilities shall be subject to
46 inspection by the City Manager or his designee for purposes of
47 determining compliance with the provisions of this section, and
48 no person shall obstruct or interfere with such personnel as are
49 authorized by the City manager to enforce this section in the
50 lawful discharge of their duties.
51 (d) The provisions of this section shall be deemed to
52 be severable, and if any of the provisions hereof are adjudged to
53 be invalid or unenforceable, the remainder of this section shall
54 remaiii in full force and effect and its validity shall remain
55 unimpaired.
56 (e) Any vioiation of the provisions of this section
57 shall be a misdemeanor punishable by a fine of not less than ten
58 dollars ($10.00) nor more than one thousand dollars ($1,000.00).
59 Each day that a violation continues shall constitute a separate
60 offense.
61 (f) This section shall become effective on January 1,
62 1990.
63 Adopted by the Council of the City of Virginia Beach,
64 Virginia, on the 3rd day of April 1989.
65 WMM/dhh/epm
66 01/23/89
67 03/21/89
68 CA-3130
69 ordin/proposed/23-059.pro
2
Akl'PR(:)\(ED AS TO CONTENT@
SIGNA@RE
DEPARTMFNI
APPROVED AS T--,, I rr- NL
1 AN ORDINANCE TO AMEND AND REORDAIN N@Y
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING A NEW
4 SECTION 2 3 - 5 8PERTAINING TO CITY ATTOI.ZNEY
5 COMMERCIAL PARKING LOTS
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That the Code of the City of Virginia Beach is hereby
10 amended and reordained by adding a new section 23-58 to read as
11 follows:
12 Section 23-58. Commercial Parking Lots.
13 (a) It shall be unlawful and a misdemeanor punishable
14 by a fine of not less than ten dollars ($10.00) nor more than one
15 thousand dollars ($1,000.00) for any person, firm, corporation or
16 other entity to operate a commercial parking lot without a valid
17 permit therefor or to operate a commercial parking lot in
18 violation of any of the requirements of this section. Each day
19 that a violation continues shall constitute a separate offense.
20 In addition to any fine imposed hereunder, and not in lieu
21 thereof, the continuing violation of any of the provisions of
22 this section may be enjoined or restrained by injunction.
23 (b) The provisions of this section, and the term
24 "commercial parking lot" as used in this section, shall apply to
25 any lot used 2rincipally for the parking of motor vehicles for a
26 fee or other consideration and shall not apply to lots upon which
27 parking of motor vehicles is accessory to the principal use of
28 the premises.
29 (c) Any person, firm, corporation or other entity
30 desiring a permit required by this section shall make application
31 therefor to the City Engineer. Each application shall set forth
32 the name and address of the applicant and, if different, the name
33 and address of the owner of the
property upon which t osed
34 commercial parking lot is to be located, and shall be accompanied
35
36 ( 1 A nonrefundable fee of one hundred dollars
37 ($100.00).
38 (2) A site plan showing all elements required by this
39 section; provided, however, that no commercial parking lot which
40 was in actual operation prior to the effective date of this
41 section and which had not ceased operation for a period of more
42 than two years shall be required to submit or obtain approval of
43 any such site plan, unless such parking lot is enlarged,
44 expanded, moved or altered; and
45 (3) A bond in the amount of one thousand dollars
46 ($1,000.00) per acre of land occupied or fraction thereof, but no
47 less than one thousand dollars ($1,000.00) in any event, with
48 surety approved by the City Attorney and conditioned upon the
49 owner or operator's compliance with all of the requirements of
50 this section.
51 (d) No permit issued pursuant to this section shall be
52 valid for a period in excess of one year; provided, however, that
53 permits may be renewed, upon application, for additional periods
54 not exceeding one year. The requirements for renewal
55 applications shall be as set forth in subsection (c) hereof;
56 provided, however, that no site plan shall be required to be
57 submitted unless the parking lot is to be expanded, enlarged,
moved or altered.
59 (e) It shall be a condition of every permit issued
60 hereunder that the City or its agents shall have the authotity to
61 enter upon the commercial parking lot and perform any acts
62 required to bring the property into compliance with the
63 provisions of this section in the event the owner or operator,
64 after being given notice of, and a reasonable opportunity to
65 correct, any condition of noncompliance, shall fail to do so.
66 (f) Commercial parking lots shall at all times,
67 whether or not in operation:
68 (1) Have an improved surface, which may consist of
69 six-inch aggregate or such other surface as may be approved by
70 the City Engineer;
2
71 ( 2 ) Be completely enclosed, except at points of
72 ingress and egress, by a split-rail fence or other fence meeting
73 the requirements for fences set forth in the City's Landscaping,
74 Screening and Buffering Standards and Specifications, or by
75 landscaping meeting the requirements of the City's Parking Lot
76 Landscaping Specifications and Standards pertaining to perimeter
77 screening, or shall be delineated, at the perimeter thereof, by
78 wheel stops. Such fencing and landscaping shall at all times be
79 maintained in good condition and repair;
80 (3) Be secured at points of ingress and egress by a
81 metal chain or gate, except during hours of operation;
82 (4) Contain no less than one trash receptacle, plainly
83 visible and marked as such, for every three thousand, five
84 hundred (3,500) square feet of lot area or fraction thereof;
85 (5) Have upon the premises, during all hours of
86 operation, at least one attendant; and
87 (6) Be maintained in a clean and orderly condition at
88 all times. All trash receptacles shall be emptied and the
89 contenLS thereof properly disposed of at the close of operation
90 daily and at such other times as receptacles become full.
91 (g) Notwithstanding the provisions of any other
92 ordinance or regulation, including, without limitation, Section
93 1513 of the City Zoning Ordinance, no commercial parking lot
94 shall have more than one sign per principal entrance.
95 Notwithstanding any contrary provision, no such sign shall exceed
96 six square feet per face in surface area. Each sign shall
97 contain the name of the establishment, if any, times of operation
98 and rates. Signs shall otherwise comply with all applicable City
99 sign regulations.
100 (h) Commercial parking lots shall be subject to
101 inspection by the City Manager or his designee for purposes of
1 0 2 determining compliance with the provisions of this section, and
103 no person shall obstruct or intereere with such personnel as are
1 0 4 authorized by the City Manaqer to enforce this section in the
105 lawful discharge of their duties.
3
10 6 ( i )The provisions of this section shall be deemed to
107 be severable, and iE any of the provisions hereof are adjudged to
108 be invalid or unenforceable, the remainder of this section shall
109 remain in full force and effect and its validity shall remain
110 unimpaired.
ill Adopted by the Council of the City of Virginia Beach,
112 Virginia, on the 3rd day of April 1989.
113 Wt4M/dhh/epm
114 01/23/89
115 03/21/89
116 CA-3129
117 ordin/proposed/23-058.pro
4
- 22 -
Item IV-F.5.c/d.
CONSENT AGENDA ITFII # 31005
Assistant City Attorney Randall Blow responded to City Council's concerns
The City Clerk advised revised Ordinances had been distributed to City Council
relative Vending Machines.
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinances to AMEND and REORDAIN Chapter 23 of the
Code of the City of Virginia Beach, Virginia, by
ADDING a new Section 23-60 re placement of vending
machines on private property.
A N D,
Ordinances to AMEND and REORDAIN Chapter 23 of the
Code of the City of Virginia Beach, Virginia, by
ADDING a new Section 33-18 re placement of vending
machines on public property.
Councilman Moss believed this Ordinance should also exclude newspaper machines
along with coin-operated telephones
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss and John L. Perry
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND REORDAIN
2 CHAPTER 23 OF THE CODE OF THE CITY
3 OF VIRGINIA BEACH, VIRGINTA, BY
4 ADDING A NEW SECTION 2 3 - 6 0
5 PERTAINING TO PLACEMENT OF VENDING
6 MACHINES ON PRIVATE PROPERTY
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Chapter 23 of the Code of the City of Virginia
11 Beach is hereby amended and reordained by adding a new section
12 23-60 to read as follows:
13
14
15 Section 23-60. Vending Machines on Private Property.
16
17 (a) Every vending machine located on private property
18 within designated RT-1, RT-2, RT-3, and RT-4 Resort Tourist
19 Districts shall, when located outside of the enclosed physical
20 structure of a building or establishment, be located in such a
21 manner as to comply with the following:
22 (1) No more than one (1) vending machine shall be
23 located on any lot or parcel.
24 (2) The vending machine shall be accessory to a
25 permitted use and structure.
26 (3) The vending machine shall be enclosed on three
27 (3) sides.
28 (4) The open side of the vending machine enclosure
29 shall not face the boardwalk, any city park or any improved
30 connector street plaza.
31 (5) The vending machine shall be setback a minimum of
32 three (3) feet from any public right-of-way and shall not
33 interfere with any building entrance or exit.
34 (b) When a vending machine has been located in
35 accordance with subsection (a) above, the owner of the vending
36 machine, or the owner or operator of the business or
37 establishment in control of the vending machine, may display, or
38 cause to be displayed, a sign, visible from the public right-
39 or-way, in letters no higher than three (3) inches, for the
40 purpose of indicating the location of the vending machine.
41 (c) For purposes of this section, a vending machine
42 shall be defined as any self-service or coin-operated box,
43 container, storage unit or other dispenser installed, used or
44 maintained for the provision or delivery, by sale or otherwise,
45 of consumable and/or nonconsumable products, including, but not
46 necessarily limited to, drinks, food items, newspapers and
47 magazines, and excluding coin-operated telephones.
48 (d) Any person who violates the provisions of this
49 section shall be guilty of a Class 4 misdemeanor.
50
51 Adopted by the Council of the City of Virginia Beach,
52 Virginia, on the 3rd day of April 1989.
53
54 RMB/epm
55 10/12/88
56 10/20/88
57 03/21/89
58 03/29/89
59 03/31/89
60 CA-02975
61 \ordin\proposed\23-060.pro
62
63
2
1 AN ORDINANCE TO AMEND AND REORDAIN
2 CHAPTER 33, ARTICLE I OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, BY ADDING A NEW SECTION
5 33-18 PERTAINING TO PLACEMENT OF
6 VENDING 14ACHINES ON PUBLIC PROPERTY
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Chapter 33, Article I the Code of the City of
11 Virginia Beach is hereby amended and reordained by adding a new
12 section 33-18 to read as follows:
13
14
15 Section 33-18. Vending machines on Public Property.
16
17 (a) Notwithstanding the provisions of this chapter or
18 any other chapter of the code, the placement of vending machines
19 on any sidewalk or other public property located within
20 designated RT-1, RT-2, RT-3 and RT-4 Resort Tourist Districts
21 shall be prohibited.
22 (b) For purposes of this section, a vending machine
23 shall be defined as any self-service or coin-operated box,
24 container, storage unit or other dispenser installed, used or
25 maintained for the provision or delivery, by sale or otherwise,
26 of consumable and/or nonconsumable products, including, but not
27 necessarily limited to, drinks, food items, newspapers and
28 magazines, and excluding coin-operated telephones.
29 (c) Any person who violates the provisions of this
30 section shall be guilty of a Class 4 misdemeanor.
31
32 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on the 3rd day of April 1989.
34
35 RMB/epm
36 10/12/88
37 03/29/89
38 03/31/89
39 CA-02971
40 \ordin\proposed\33-018.pro
41
42
- 23 -
Item IV-F.6.
CONSENT AGENDA ITEM # 31006
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance authorizing the City Manager to AMEND the
open air cafe regulations adopted by City Council
on November 25, 1985, by including provisions for
the operation and regulation of side-street cafes,
and authorizing the City Attorney to develop an
amended franchise agreement to be executed by
grantees of side-street cafe franchises.
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 AUTHORIZING THE CITY MANAGER TO
2 AMEND THE OPEN AIR CAFE' REGULATIONS ADOPTED
3 BY CITY COUNCIL ON NOVEMBER 25, 1985, BY
4 INCLUDING PROVISIONS FOR THE OPERATION AND
5 REGULATION OF SIDE STREET CAFES', AND
6 AUTHORIZING THE CITY ATTORNEY TO DEVELOP AN
7 AMENDED FRANCHISE AGREEMENT TO BE EXECUTED BY
8 GRANTEES OF SIDE STREET CAFE' FRANCHISES.
9
10
11 WHEREAS, on November 25, 1985, City Council adopted a
12 Resolution authorizing the city Manager to promulgate Open Air
13 Cafe' Regulations, authorizing the City Attorney to develop a
14 Franchise Agreement, and allowing applications for such cafes';
15 and
16 WHEREAS, the regulations that the City Manager was
17 authorized to promulgate included boardwalk cafes' and stub
18 street park cafes'; and
19 WHEREAS, the Resort Area Advisory Commission has recommended
20 inclusion of side street cafes' in the regulations; and
21 WHEREAS, a side street cafe' would be defined as an open air
22 cafe' located on public property on a side street between
23 Atlantic and Pacific Avenues in the RT-2 and RT-3 zoning
24 districts, directly adjoining an existing restaurant; and
25 WHEREAS, the Resort Programs Office has studied the
26 Commission's proposal and endorses same; and
27 WHEREAS, City Council has been advised by the Office of the
28 City Manager that side street cafes' would enhance the festive
29 atmosphere in the resort area and would have nc detrimental
30 effects on the public health, safety, welfare or interest.
31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA:
33 That the City Manager is hereby authorized to amend the open
34 Air Cafe' Regulations adopted by City Council on November 25,
35 1985, by including provisions for the operation and regulation of
36 side street cafes', and the City Attorney is hereby authorized to
37 develop an amended franchise agreement to be executed by grantees
38 of side street cafe' franchises.
39 Adopted by the Council of the City of Virginia Beach,
40 Virginia, on this 3 day of April 1989.
41 RMB/dga
42 cafe.ord
43 3 / 3 0/89
REVISED OPEN AIR CAFE GUIDELINES
March 23, 1989
Setback Requirements-. The cafe setback from the boardwalk or
bicycle path is recommended to be revised from a "minimum setback
of ten (10) feet" to "a recommended setback of ten feet (minimum
for four (4) foot setback)". This revision will allow for
greater flexibility as the boardwalk improvements relocate the
bicycle path; and, will allow for the development of cafes at the
south end of the boardwalk.
Handicap Access Recluirements: All franchised cafes are located
on public property; as a general policy it is recommended that
these cafes meet all ANSI Standard Handicap Access requirements.
This revision to the guidelines would require all future cafes to
be handicap accessible and provide handicap accessible rest
rooms.
Side Street Cafes: Because of the overwhelming success of the
existing cafe program it has been reconunended by the Resort Area
Advisory Commission and the Virginia Beach Restaurant Association
to expand the program to develop sidewalk cafes along side
streets in the resort area. (Note; Cafes would not be permitted
on Atlantic Avenue or Pacific Avenue.) Similar programs have
recently been developed in Portsmouth and Norfolk. The proposed
regulations for sidewalk cafes are similar to those for boardwalk
and connector park cafes and would allow for the placement of
tables and chairs on public sidewalks. A perimeter fence must be
provided with planter boxes to define the cafe area; the
buildings must meet minimum Handicap standards and comply with
the appearance standards of the Resort Area Facade Program; and,
a clear pedestrian space of ten feet (10) must be maintained.
In addition, no entertainment or music would be allowed; and, the
same high standards of appearance and maintenance which have made
the existing cafes successful would be enforced.
In most cases restaurants could not develop sidewalk cafes until
the side streets are improved and sidewalks are widened through
the Resort Streetscapes (CIP #2-049). (Sketches of a typical
layout and section; and, a "model" photograph of the type of cafe
bnvisioned are attached.)
72
RESORT AREA
OPEN AIR SIDE WALK
SIDE STREET CAFES
Proposed Guidelines
- 24 -
Item IV-F.7.
CONSENT AGENDA ITEM # 31007
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to authorize acquisition of property in
fee simple and temporary and permanent easements,
either by agreement or condemnation, for the
right-of-way for General Booth Boulevard Phase 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
I AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 GENERAL BOOTH BOULEVAR7- PHASE II AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
9 Virginia Beach, Virginia, a public necessity exists -@or the
10 construction of this important roadway to provide transportation
11 and for other public purposes for the preservation of the safety,
12 health, peace, good order, comfort, convenience, and for the
13 welfare of the people in the City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Secti-on 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant --o
18 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
19 89, et seq., Code of Virginia of 1950, as amended, all that
20 certain real property in fee simple, including temporary and
21 permanent easements of right of way as shown on the plans
22 entitled "GENERAL BOOTH BLVD. PHASE II C.I.P. 2-910,11 these
23 plans being on file in the Office of Real Estate Department of
24 Public Works, Virginia Beach, Virginia.
25 Section 2. That the City Attorney is hereby authorized to
26 make or caused to be made on behalf of the City of Virginia
27 Beach, to the extent tat funds are available, a reasonable
28 offer to the owners or persons having an interest in said lands,
29 if refused, the City Attorney is hereby authorized to institute
30 proceedings to condemn said property.
31 That an emergency is nereby declared to exist and this
32 ordinance shall be in force and effect from the date of its
33 adoption.
34 @,-;,:)pted by the council of the City of Virginia Beach,
35 Virginia, on the 3 day of April 19 89
36
37
38
3 9
40
41
42
43
44
45
46 JAR/ih
47 CA-3237
48 \ordin\noncode\gebooth.ord
SUFFi@f@ @Ai @:-i(m
ITY ATTORNEY
Yid
Virginia Reach
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- - - - - - - - --
RD ,S
0111*1
RAL BOOTH BLVD. PHASE 11
p P. 2-910
1,600'
- 25 -
Item IV-F.8
CONSENT AGENDA ITEVI # 31008
Rae H. LaSesDe, 5325 Thornburg Lane, Phone: 497-8008, spoke in favor of the
Ordinance
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE a maximum of $245,000 for
Growth Management Related Studies, such funding to
be provided from ending balances.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @layor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and John L. Perry
Council Members Absent:
None
AN ORDINANCE TO APPROPRIATE A MAXIMUM OF $245,000
FOR GROWTH MANAGEMENT RELATED STUDIES,
SUCH FUNDING TO BE PROVIDED FROM ENDING BALANCES
WHEREAS- The City Counci I desires that Interim regulations addressing
growth below the Green Line be developed;
WHEREAS: City Counci I desires that a long-term growth management
strategy for the area below the Green Line be developed In conjunction with
the overall update of the Comprehensive Plan;
WHEREAS: Additional work Is needed to further pursue the Issues of
Transferrable Development Rights and Purchase of Development Rights;
WHEREAS-. Such studies w[ I I be coordinated with various land use and
economic analysis previously performed;
WHEREAS: A proposal to perform consulting services has been received
and is deemed acceptable and appropriate; and,
WHEREAS: Funds are available In the undesignated year-end balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA: That f unds In the maximum amount of $245,000 be
appropriated to the General Fund for growth management studies; and, that
the City Manager Is authorized to enter Into such contracts that are
necessary to fullfil the Intent of these studies.
I
This Ordinance shall be In effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virglnia on the
day of April 3, 1989 1989.
FIRST READING: -March 27, 1989
SECOND READING: Apri-1 3, 1989
- 26 -
Item IV-F.9
CONSENT AGENDA ITEM # 31009
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $375,000 for loan
reservation; and, authorizing the City Manager to
execute an agreement with the Virginia Department
of Housing and Community Development for a Single
Family Rehabilitation and Energy Conservation Loan
Program.
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
REQUESTED BY: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE VIRGINIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR A SINGLE FAMILY REHABILITATION
AND ENERGY CONSERVATION LOAN PROGRAM AND TO APPROPRIATE
THE LOAN RESERVATION AMOUNT OF $375,000
WHEREAS, the Commonwealth of Virginia has established tbe
Virginia Housing Partnersbip Fund to encourage the improvement of
housing opportunities for low-income Virginians; and
WHEREAS, the Virginia Department of Housing and Community
Development bas established a program entitled the Single Family
Rehabilitation and Energy Conservation Loan Program, whicb
authorizes local governments to make loans to citizens to provide
for the rehabilitation of single family housing units; and
WHEREAS, the Virginia Department of Housing and Community
Development bas informed the City that a reservation in the
amount of $375,000 has been set aside for the City for such
rehabilitation loans;
NOW. THEREFORE BE IT ORDAINED THAT the City Manager is
authorized to execute an agreement with the Virginia Department
of Housing and Community Development to make such loans; and
BE IT FURTHER ORDAINED THAT the loan reservation in the
amount of $375,000 be appropriated for the purpose of making such
loans; and
BE IT FURTHER ORDAINED THAT the City of Virginia Beach will
comply with all requirements of this program as set forth by the
Virginia Department of Housing and Community Development.
Adopted by the Council of the City of Virginia Beach on the
--------- day of .............. 1989.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Ma City Attor ey
Department of Housing and
Community Development
FIRST READING: April 3, 1989
SECOND READING:
CONTRACT NO:88SP21
SINGLE FAMILY REHABILITATION PROGRAM
ADMINISTRATIVE AGREEMENT
This Agreement, entered into as of this day of
1 19_, by and between the Virginia Depa tm@ent of Housing
and City of Virginia Beach herein after referred to as "Local
Administrator."
The single Farnily Rehabilitation Loan funds (hereinafter
referred to as the "Funds") which are the subject of this Agreement
are authorized under the REvolving Loan Fund as part of the
Virginia Partnership Fund. These funds are provided through an
appropriation from the Virginia General Assembly. The Funds are
subject o and this Agreement incorporates by reference, the terms,
quidelines and regulations set forth in the SFLP Program
Guidelines, as revised form time to time, and the laws of the
Commonwealth of Virginia. Also incorporated by reference in this
Agreement are (1) the Administrators P@ogram Application including
certifications, resolutions and agreements contained therein, and
(2) SFLP Administrative Manual, as revised from time to time. This
manual describes the operational procedures by which the
Administrator must conduct the program for minimum contract
compliance.
The Local Administrator will initiate the Activities as
required by this Agreement and described in the Administrators'
Program Application, the Program Guidelines, and Program Manual
beginning 19 s equire
_, unless special condition r
additional action on specified activities before proceeding with
that activity.
The Local Administrator will complete the work as required by
this Agreement and described in the Administrators' Program
Application, the Program Guidelines, and Program Manual within 18
months froin the execution of this Agreement, or inore specifically
on or before 19-.
In reliance upon the Application and associated documents, the
DepartTnent agrees, upon execution hereof, to provide the
Administrator a reservation of funds in the amount of $375,000 to
undertake the project activities approved and set forth herein.
This allocation is divided into a separate amount for each fiscal
year.
During the FY 1989 (Contract date through June 30, 1989) the
Administrator will have $125,000 of which $31,000 may be used for
approved energy related improvements as defined in AttachTnent A and
may not be used in relation to any other rehabilitation activity.
The balance of the allocation may be used in relation to any
eligible improvement as defined in the Single Family Rehabilitation
Program Guidelines. Any funds rernaining from FY 1989 may be
approved to be carried over into FY 1990.
During FY 1990, (July 1, 1989 - June 30, 1990), $250,000 will
be available of which $63,000 will be for energy improvements as
defined in Attachment A and may not be used in relation to any
other rehabilitation activity. The balance of the allocation may
be used in relation to any eligible improvement as defined in the
Single Family Rehabilitation Program Guidelines.
The Administrator agrees to comply with all of the terms and
conditions of this Agreement, its Application, and the Program
Manual in its administration of this program. The Administrator
further agrees to inonitor, oversee and report on the use of the
funds under this Agreement.
The Local Administrator agrees to teport on the uses of the
loan funds as requested by the Department. The Local Administrator
shall furnish, regularly and in such a form as DHCD nay require,
reports concerning the status of project activities and grant
funds. Such report shall be submitted in the form and manner as
prescribed in the Manual and in written instructions from DHCD.
The Local Administrator will make available all documents, records
and other program information requested by the Department.
The Department reserves the right to modify, amend, or
terminate this AGreement any time during the terms of this
Agreement due to failure of the Local Administrator to comply with
the terms and conditions of this AGreement and other Program
Documents set forth herein.
I. Project Description:
Local Administrator will provide loan funds to 34 homes in the
City of Virginia Beach as more fully described in the Program
Application. Interest rate will be fixed at 4%.
A. Performance Schedule: Owner Rental
April I June 30, 1989 2 0
July 1 September 30, 1989 7 1
October I - December 30, 1989 3 1
January 1 - March 30, 1990 8 2
April 1 - June 30, 1990 8 2
Total 28 6
II. Funds Disbursement and Reporting:
A. Funds Disbursement:
Disbursement will be made by VHDA for approved loans
only. once the disbursement is made the Local
Administrator must establish and administer an escrow
account for each individual loan. Adequate accounting
shall be maintained to identify funds escrowed.
B. Reporting Requirements:
The Administrator agrees to submit six quarterly
reports during the project term according to the
following schedule:
Reporting Period Due Date
April 1, 1989 - June 30, 1989 July 15, 1989
July 1, 1989 - September 30, 1989 October 15, 1989
October 1, 1989 - December 31, 1989 January 15, 1990
January 1, 1990 - March 31, 1990 April 15, 1990
April 1, 1990 - June 30, 1990 July 15, 1990
July 1, 1990 - September 30, 1990 October 15, 1990
III. Special Conditions:
A. The Local Administrator shall submit a minimum of five
complete application packages to VHDA. once these initial
applications are received and reviewed, DHCD and VHDA may recommend
local underwriting approval. Servicing of all loans will be
performed by VHDA.
B. The Local Administrator will use the citys' "Owner's
Agreement for Contract Administration" form, and the
"Rehabilitation Work Contract" form as the required Construction
Contract for administration of this program.
This Agreement is hereby executed by the Parties on the date
set forth below their respective signatures as follows:
VIRGINIA DEPARTMENT OF HOUSING AND CitV of Virginia Beach
COMMUNITY DEVELOPMENT LOCAL ADMINISTRATOR
By:
Robert J. Adams Signature
Deputy Director
Name
Title
(Date) Date
AP@")VID @l%'@ TO,
ATTACHMENT A
LIST OF ELIGIBLE ENERGY IMPROVEMENTS FOR ENERGY RELATED FUNDING:
Allow Repairs:
1. Storm Windows
2. Frameless Plastic Glazing
3. Movable Window Insulations System, i.e., Shade, Screens,
Louvers, Awnings
4. Storm Doors
5. Replacement Windows
6. Replacement Doors
7. Caulking
A. Glazing
B. Gasket
C. Weatherstripping
D. Vapor Barriers
8. Thermostats
A. Clock
B. Auto Set Back
C. Line Voltage
D. Auto Gas System
9. Heat Exchangers
10. Hot Water Heat Pumps
11. Repair or Replacement of Defective Heating System
A. Oil
B. Gas
C. Wood
D. Solar
E. Heat Pump
F. Installation of Gas Conversion Burners
G. Boilers
H. Electric
I. Radiator and Valves
J. Duct Insulation
K. Air Ducts and Connectors
L. Chimneys/Fire Places
M. Tanks (Fuel)
N. Waste Heat Recovery Devise
12. Water Heat Repair or Replacement
A. Insulate Tank and/Pipes
B. Install Heat Traps in Inlet/outlet Pipe
C. Water Pipe Heater Strips
D. Dampers
E. Water Flow Controls
13. Paint
A. Only paint that is white - used as heat reflective on
awnings, louvers, doors and duct.
B. Exterior paint used to cover and/or seal bare
siding, soffit, fascia, rake, trim, etc.
14. Insulation
A. Attic
B. Walls
C. Floors
D. Skirting
E. Vapor Barriers
F. Material and construction of Vestibules
15. Roofing to replace or repair defective leaking roofs
16. Siding repair to effectively close openings or damaged
areas
17. Trim, soffit, fascias, etc., to repair damaged, rotten
open areas
18. Venting - gable ends or appropriate attic and crawl space
venting
19. Floors
A. Material and labor used to repair and replace
rotten, damaged and open floor and subfloor areas
- 27 -
Item IV-F.10
CONSENT AGENDA ITEM # 31010
Maryanne Ustick, Director of Community Development and Housing Authority,
advised these funds will be utilized in the TARGET AREAS.
Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City
Council APPROVED upon FIRST READING:
Ordinance upon FIRST READING to APPROPRIATE
$126,000 in Community Development EXCESS program
income funds to the Community Development housing
loan and grant fund; and, to AMEND the Commi,nity
Development Block Grant 14th Year Final Statement
of Objectives.
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
Councilwoman Henley requested a report on an anticipated date the TARGET
NEIGHBORHOODS will be fully rehabilitated in order for the Cornmunity
Development Funds to be utilized in other needy areas.
AN ORDINANCE TO APPROPRIATE $126,000 IN COMMUNITY DEVELOPMENT
EXCESS PROGRAM INCOME FUNDS TO THE COMMUNITY DEVELOPMENT
HOUSING LOAN AND GRANT FUND AND TO AMEND THE CDBG
14TH YEAR FINAL STATEMENT OF OBJECTIVES
WHEREAS, The City receives Community Development Block Grant
funds to be used to benefit low and moderate income persons, and
WHEREAS, one of the uses of such funds is to make loans and
grants for the rehabilitation of housing, and
WHEREAS, inc ome f r om tbe re payment of such loans is
regularly received by the City, and
WHEREAS, income in excess of the amount previously estimated
and appropriated has been received, and
WHEREAS, there is a need for additional funds for housing
loans and grants before the next allocation of CDBG funds is
received, AND there is an emergency need for such funds for a
rehabilitation project in an area outside the currently
designated CDBG project area,
NOW, THEREFORE BE IT ORDAINED that excess program income
funds in the amount of $126,000 be appropriated to the Community
Development loan and grant fund, and
BE IF FURTHER ORDAINED that the CDBG 14th Year Final
Statement be amended to expand the approved sites for
rehabilitation to include a site located on Princess Anne Road in
the Princess Anne Borough for funding of specific housing
emergencies.
Adopted by the Council of the City of Virginia Beacb this
-------- day of ............ 1989.
Approved as to Content Approved as to Form
Mar@ ---- ----
City torney
Department of Housing and
Community Development
FIRST READING: April 3, 1989
- 28 -
Item IV-F.11
CONSENT AGENDA ITEM # 31011
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED upon FIRST READING:
Ordinance to INCREASE APPROPRIATIONS by $694,700
for foster care services and revenue from the
Commonwealth in the Department of Social Services.
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
A CRDI14ANCE TO IN E APPROPR=CNS FOR mm
SMMCES IN THE DEP OF SOCIAL SERVICES BY $694,700
AND TO INCREASE REVENUE FR'OM TkiE CCEWNWEALTH
WHEREAS, expenditures for residential placenent of children in foster care
have increased dramatically during the current fiscal year due to an increased
caseload, increased costs for placements, and the placement of more severely
@ired children, arkd
WHEREAS, estimtes based on current expenditure patterns project a shortfall
of $694,700 in available appropriations for payment of placement costs for these
children in the remainder of FY 88-89, and
WHEREAS, the General Asseipbly, recognizing this problem as one affecting
localities, has provided for additional resources for foster care services
for FY 88-89, and
WHEREAS, these additional resources require no additional local imtching
fwids,
NOW @RE BE IT ORDAINED BY THE COMCIL OF THE CM OF @@ BEACH,
VIMINIA, that additional furids in the amount of $694,700 be appropriated in the
FY 88-89 Operating Budget for the Departnent of Social Services for foster care
services and that Revenue frcm the Ccumnwealth be increased by $694,700.
This ordinance shall be effective fran the date of its adoption.
Adopted by the cu=il of the City of Virginia Beach, Virginia on
the of 1989.
First Read'@ April 3, 1989
TO COi4rr!T
Second Readim
APP,'ZOVE'3 As
Sl@l',IURE
Cl I Y Al TORNEY
- 29 -
Item IV-F.12
CONSENT AGENDA ITEM # 31012
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $34,000 from
the U.S. Department of Housing and Urban
Development for homeless assistance activities;
and, to authorize the City Manager to execute
agreements regarding such funds.
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
ORDINANCE TO ACCEPT AND APPROPRIATE $34,000
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR HOMELESS ASSISTANCE ACTIVITIES AND TO AUTHORIZE
THE CITY MANAGER TO EXECUTE AGREEMENTS REGARDING SUCH FUNDS
WHEREAS, the Stewart B. Mckinney Homeless Assistance Act
provides funds to local governments and others for homeless
assistance activities, and
WHEREAS, the U.S. Department of Housing and Urban
Development has approved the City's application for Emergency
Shelter Grant funds under this act in the amount of $34,000, and
WHEREAS, the City's application specifies the activities to
receive such funds,
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that a grant of $34,000 from the U.S. Department
of Housing and Urban Development be accepted, and
BE IT FURTHER ORDAINED that the City Manager be authorized
to execute a Grant agreement with the U.S. Department of Housing
and Urban Development accepting such grant, and
BE IT FURTHER ORDAINED that funds in the amount of $34,000
be appropriated to the Department of Housing and Community
Development to be used as specified in such grant application,
including the granting of funds to non-profit agencies for the
carrying out of homeless assistance activities, and
BE IT FURTHER ORDAINED that the City of Virginia Beach will
comply with all requirements of the grant agreement and
regulations of the U.S. Department of Housing and Urban
Development regarding such funds.
Adopted by the Council of the City of Virginia Beach this
- day of 1989.
Approved as to Content Approved as to Form
Maria-rpi I. U or City Attbrney
Department of Housing and
Communlty Development
First Reading: April 3, 1989
Second Reading:
- 30 -
Item IV-F.13
CONSENT AGENDA ITEM # 31013
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $200,000 to Project 1-019
Adult Learning Center Parking Lot for the
construction of additional parking spaces.
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
AN OMINANCE TO TRANSFER @ IN UM
AM= OF $200,000 TO 1-019 AD=
CENTER P@ ICT FOR ME
@CrION OF ADDITICNAL PARKING SPACES
WHEREAS, the School Board of the City of Virgmia Beach has identified
a serious parkim prcblein at the Adult center, and
WHEREAS, to alleviate the problem, the Board the
establi t of a capital pro3ect for the construction of 242 parkirxj spa- at
a total estimated cost of $200,000, and
WHEREAS, the n@sary fur)ds may be transferred from pro3ect 1-962
Parkway Elementary since this project is ccnpleted and has excess appropriations.
NOW, , BE IT O@ BY THE COUNCIL OF THE CITY OF @@
BEACH, @INTA that the Adult Center ParkiM Lot is hereby established
as a capital proj@ and that funds in the amount of $200,000 are hereby trans-
ferred frcrn project 1-962 Parkway Elmmtary to prx)ject 1-019 Adult irxg
Center ParkiM Lc)t for the construction of additional par@ spaces.
This ordirkince shall be effective frcm the date of its adcption.
Adopted ]7y the Council of the City of Virginia Beadi, Virginia on the
3 day of April 1989.
- 31 -
Item IV-F.14
CONSENT AGENDA ITEM # 31014
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council DEFERRED until the City Council Meeting of April 17, 1989:
Ordinance to TRANSFER $84,000 to Project 2-089
Southeastern Expressway for the purchase of
property along the proposed Expressway alignment.
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
*Verbal Aye
- 32 -
Item TV-F.15
CONSENT AGENDA ITEM # 31015
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to TRANSFER $65,000 to the Gracetown
Street and Drainage Project to expedite the design
of a piped drainage system and to cover other
costs.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, liarold 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
After the vote, Councilman Perry requested an amendment to the vote stating
prior to the expenditure of funds, all other drainage plans in the last fifteen
years be brought forward to be utilized rather than additional expenditures be
required for design.
Councilman Perry advised during the City Council Session of April 10, 1989, he
will provide the design efforts in this particular community for the last
fifteen years. City Staff will also provide required information relative
design efforts.
REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
AN ORDINANCE TO TRANSFER $65,000 TO THE
GRACETOWN STREET AND DRAINAGE PROJECT TO
EXPEDITE THE DESIGN OF A PIPED DRAINAGE
SYSTEM AND TO COVER OTHER COSTS
WHEREAS, the approved Capital Improvement Program includes
funds in fiscal year 89-90 for the design and construction of a
piped drainage system in the Gracetown Target Neighborhood, and
WHEREAS, if funds are made available, the design of such
project could commence, and
WHEREAS, funds for this program are available from the
Roadways Advance Land Acquisition project.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funds in the amount of Sixty Five Thousand Dollars
($65,000) be transferred from the Roadways Advance Land
Acquisition project (CIP #2036) to the Gracetown Street and
Drainage project (CIP #2946),
AND FURTHER, that an equivalent amount of funds budgeted
for the Gracetown Street and Drainage project in Fiscal year
1989-90 be transferred back to the Roadways Advance Land
Acquisition Project when such funds become available.
Adopted by Council of the City of Virginia Beach on the 27th
day of March, 1989.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
e @ 6,
Mary"n Ustick, ector City AttoV'ney
Departm of Housing and
Community Development
- 33 -
Item IV-F.16
CONSENT AGENDA ITEM # 31016
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
DENIED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Kings Grant
Road to Rose Hall Associates One, its assigns and
successors in title, re installation of an
identification sign for Rose Hall.
Councilwoman McClanan did not believe this particular sign complied with the
sign ordinance.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara @l. 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:
Vice Mayor Robert E. Fentress
Counci.1 Members Absent:
None
- 34 -
Item TV-F.17
CONSENT AGENDA ITEM # 31017
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED:
Low Bid to Coleman Construction Corporation in the
amount of $754,355.00 for expansion of Public
Utilities Department Operations Division facilities
located at the Landstown Yard. (CIPs 5-836 and 6-
828).
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
- 35 -
Item IV-F.18
CONSENT AGENDA ITEM 31018
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED:
RAFFLE/BINGO PERMITS
Beth Chaverim Reform Temple Raffle
Fleet Reserve Association Bingo/Raffle
Fraternal Order of Police Bingo
Sandbridge Fire Brigade Bingo
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
- 36 -
Item IV-F.19
CONSENT AGENDA ITEM # 31019
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, city
Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$19,455.35 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. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Menbers Voting Nay:
None
Council Members Absent:
None
FORM NO. C.A. 7 3/21/89 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
Y ear of Tax Number tion No. Paid
Norman Wilson 1968 RE See See 2,493.68
through attached Court
1989 schedule Order
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling as to p. t.
were approved by
the Council of the City of Virginia
Beach on the 3 day of A ril 19.89
Ruth Hodges Smith
City Clerk
ty Attorney
ORM NO. C.A. 7 3/6/89 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- D ate Penalty I nt. Total
Year of Tax Number tion No. Paid
Cenit Bank 86 RE(1/2) 55374-9 12/5/85 6.00
Cenit Bank 86 RE(2/2) 55374-9 6/5/86 6.00
Cenit Bank 87 RE(1/2) 57722-3 12/5/86 10.00
Cenit Bank 87 RE(2/2) 57722-3 6/5/87 10.00
Cenit Bank 88 RE(1/2) 59819-2 12/5/87 10.96
Cenit Bank 88 RE(2/2) 59819-2 6/5/88 10.96
Lake George Corp 86 RE(1/2) 55422-1 11/5/85 428.26
Lake George Corp 86 RE(2/2) 55422-1 5/7/86 428.26
Lake George Corp 87 RE(1/2) 57767-9 12/5/86 642.38
Lake George C6rp 87 RE(2/2) 57767-9 5/27/87 642.38
Lake George Corp 88 RE(]/2) 59865-5 11/2/87 704.22
Lake George Corp 88 RE(2/2) 59865-5 5/26/88 704.22
Winfrey T Wade, Atty 89 RE(1/2) 70506-6 11/7/88 10.32
Winfrey T Wade, Atty 89 RE(1/2) 84144-5 10/4/88 15.24
William S & Melinda Wendt 89 RE(1/2) 118283-2 11/29/88 288.80
Mutual Federal S&L 89 RE(1/2) 61759-9 12/5/88 11.44
Flair Property Associates 89 RE(1/2) 35823-5 12/5/88 190.80
C C & Beulah Taylor 89 RE(1/2) 109636-5 12/5/88 434.99
Ameribanc Savings Bank 89 RE(1/2) 17464-7 11/30/88 14.99
Ameribanc Savings Bank 89 RE(1/2) 68854-8 12/5/88 14.99
Fireman's Fund Mort Corp 89 RE(1/2) 25337-5 12/5/88 55.10
Eastland Inc/Basnight etal 89 RE(2/2) 31587-0 12/5/88 96.08
Rudolph Bartol 85 pp 9537-0 1/31/89 43.90
Total 4,780.29
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling d a.
$4,780.29 were approved by
the Council of the City of Virqinia
3 April, 1989
Beach on the day of
as to form:
Ruth Hodges Smith
City Clerk
RM NO. C.A. 7 2/21/89 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
Y ear of Tax Number tion No. Paid
N M & H Associates 89 RE(1/2) 80503-8 12/5/88 9,905.58
Life Savings Bank 89 RE(1/2) 27041-8 12/5/88 214.34
Sovran Mortgage Corp 89 RE(1/2) 90462-6 11/29/88 214.77
Sovran Mortgage Corp 89 RE(1/2) 12336-4 11/29/88 272.53
Burgess Snyder Industries 89 RE(1/2) 114743-5 11/17/88 365.03
Burgess Snyder Industries 88 pp 209528-3 1/24/89 23.03
Burgess Snyder Industries 88 pp 209527-4 1/24/89 26.32
Phyllis Graupmann N/A Pkng 187072 1/25/89 25.00
Rbbe@t A Park N/A Pkng 252351 1/18/89 25.00
Harry L Drew N/A Pkng 183762 1/4/89 30.00
Mark D McGhee N/A Pkng 182776 2/3/89 20.00
Robert T Grizzle N/A Pkng 194716 1/6/89 20.00
Jack Guthrie 89 Dog 18925 2/13/89 2.00
Total 11,143.60
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$11,143.60 were approved by t
the Council of the City of Virginia
Beach on the 3 day of April,
1989 h
proved as to form:
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 7 3/23/89 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- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
Principal Mutual Life Ins 89 RE(1/2) 5174-3 11/23/88 273.51
William & Dorothy M. Wells 89 RE(1/2) 118244-0 11/7/88 22.95
Robert & Mary E. Foreman 89 RE(1/2) 36643-1 12/5/88 332.49
Lewis K Kessler 89 RE(1/2) 96517-8 11/22/88 41.18
Judy Andrassy Realty 89 RE(1/2) 112743-9 12/5/88 198.34
Alvin & Catherine Dildy 89 RE(1/2) 28787-4 12/5/88 86.93
BancBoston Mortgage 89 RE(1/2) 91764-9 12/5/88 16.02
Robert S & Mary J Harward 88 RE(1/2) 45597-9 1/24/89 66.36
Total 1,037.78
This ordinance shall be effective from date of adoption. -
The above abatement(s) totaling c@ me
$1,037.78 We're' approved by
the Council of the City of Virqinia
3 Apfil, 1989
Beach on the- day of @y
Jo T. Atkinson, Tes.,@r
Approved as to form:
Ruth Hodges Smith
City Clerk
rney
- 37 -
Item IV-F.20
CONSENT AGENDA ITEM # 31020
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $1,961.95 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
Voting: 11-0
Council Members Voting Aye;
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara @i. Henley, Reba
S. McClanan, John D. Moss, @,layor 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@k 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certifir-ation of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Reflections of the Sea, Inc.
2001 Peninsula Road 1988 Audit 171.48 171.4P
Virginia Beach, VA 23451
Trego Construction Service, Inc.
913 Bowling Green Trail 1987 Audit 64.00 6&.OO
Chesapeake, VA 23320
Certified as to Payment:
6<obert P. vau6han
Commissioner of the Revenue
Approved as to form:
.D.@ Bm@-n
,ty Atto rney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 2 3 5 . 4 8 were approved by the Council
3 April 89
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
C4y Clerk
FORM NO. C.X 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CF:RTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon cert ification of the Commissioner of the
Revenue are hereby approved:
NAME ijcense Date Base Penalty lnt. Total
Year Paid
My Salon Inc. 1987/88 Audit 123.31 123.31
T/A My Salon at Montgomery Ward
355 Middlesex Avenue
Wilmington, M.A 01887
Paradace, Inc. 1983/87 Audit 87.65 87.65
T/A Richards
411 Granby Street
Norfolk, VA 23510
Parkway Miltons4 Inc.
T/A Miltons 1987/88 Audit 120.58 120.58
904 S. Lynnhaven Road
Virginia Beach, VA 23452
Certified as to Payment:
.be,t P V..ghan
Commissioner of the enue
Appro@d as to form:
Da e Bm. r,
ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 3 3 1 5 4 were approved by the Council
of the City of Virginia Beach on the 3 day of April 19 89
Ruth Hodges Smith
C4y Clerk
FORM NO. C.lk 8 FIEV. 3m
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
Ucense Date Base Penalty lnt. Total
NAME Year Paid
J. W. Adanis Cc)nstruction Go.
P. o. Box 5088 1988 9/20/88 184.00 184.00
Suffolk, VA 23435
MCoy Drug C)Drp- 1987/88 Audit 830.48 830.48
T/A @Coy Ph-cy
100 E. Oceanview Ave.
Norfol-k, VA 23503
Gaspa.r, S. 1988 Audit 126.95 126.95
T/A The Beach Day School
446 M-arsh Duck Way
Virginia Beach, VA 23451
Certified as to Payment:
ko-bert P. Vaugkan
Commissioner of th R@.,enue
Approved as to fqrm..
@[5a're Bimson
-/6ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1,141.43 were approved by the Council
of the City of Virginia Beach on the 3 day of April '19 89
Ruth Hodges Smith
Cky Clerk
FORM NO. C.& 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Anulies, Shirley 1987/88 Audit 125-50 125.50
T/A Shirleys Poodle Parlor
P.O. Box 11005
Norfolk, VA 23517
Business Investors Inc. 1988 Audit 96.00 96.00
3256 Winterberry Lane
Virginia Beach, VA 23456
Ficken, Theordore III 1987 Audit 32.00 32.00
5748 Ottawa Road North
Virginia Beach, VA 23462
Certified as to Payment:
@rt P. Vaughan
Commissioner of the Revenue
Appro@ as to form:
Dare Bimton
@city Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 2 5 3 . 5 0 were approved by the Council
of the City of Virginia Beach on the 3 day of April '19 89
Ruth Hodges Smith
C4y Clerk
- 38 -
Item IV-G.l.
APPOINTMENTS ITEM # 31021
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED to the COMMUNITY
SERVICES BOARD:
John V. Richardson
(unexpired term through 12/31/90)
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
- 39 -
Item IV-G.2.
APPOINTMENTS ITEM # 31022
Mayor Oberndorf ANNOUNCED her APPOINTMENTS to the:
MAYOR'S TASK FORCE
TO STUDY
RECREATIONAL VEHICLES AND EQUIPMENT
William J. Holloran - Chairman
(Chamber of Commerce)
Howard S. Myers
(Planning Commission)
Bartow H. Bridges, Jr.
(Beautification Comission)
Maury Jackson
(Clean Comunity Commissoin
Ann Brown
(Garden Clubs)
Les Fenlon
(Council of Civic Organizations)
Arthur F. Goodwin
(RV Owner)
Robert D. Yates, Sr.
(RV Owner)
Stan R. Creekmore
(RV Owner)
Otis Ricks
(Boat Owner)
William Macali
(Assistant City Attorney - Staff Liaison)
- 40 -
Item IV-G.3.
UNFINISHED BUSINESS ITEM # 31023
ADD-ON
The City Manager distributed information relative Insurance for City Employees.
Following the State Corporation Commission findings on Commonwealth Health
Alliance Insurance Trust, the City Manager has been conferring with the City
Attorney's Office, the Benefits Analyst and the appropriate consultants to
examine the continuing working relationship with Commonwealth.
The contract will be terminated with Commonwealth Health Alliance. On April 15,
1989, a new third party adminstrator will be engaged (Total Plan
Administrators, Inc.).
There will be no additional cost to either employees or the City with the new
third party administrator. The employees, who currently have the Commonwealth
Health Alliance Insurance, will be issued a new membership card within fifteen
days. A copy of the letter, which will be forwarded to the City Employees, was
distributed to City Council and is hereby made a part of the record.
- 41 -
Item IV-H.I.
NEW BUSINESS ITEM # 31024
RECONSIDERATION
Attorney Greer @IcCredy, Phone: 627-8365, represented the applicant
Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council
SCHEDULED RECONSIDERATION of CONDITION NO. 4: for the City Council Meeting of
May 1, 1989 Application of Exxon Company, U.S.A. for a Conditional Use Permit
(Approved March 14, 1988) on property located at the Southwest corner of Indian
River Road and South Military Highway (841 Soutli Military Highway), containing
1.02 acres (KFPIPSVILLE BOROUGH).
4. Ttie Variance is twenty-seven feet (27') from the
property line plus thirty-three feet (33') to the
road; therefore, sixty feet (60') from the actual
road bed as opposed to thirty-five feet (35') from
the property line. Existing gas pumps are twenty
feet (20') from the road and the new gas pumps will
be thirty-eight feet (38') back from the property
line. This Variance has been APPROVED by the Board
of Zoning Appeals. There WiAl be no canopy at this
location.
The applicant advised Exxon at all times and on all drawings and plats have
shown that they desired a canopy.
The City Clerk will provide Verbatims to all Members of City Council relative
this application.
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
- 42 -
Item IV-1.1.
ADJOURNMENT TTEM 31025
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 4:20 P.M.
Beverly 0. Hooks
Chief Deputy City Clerk
R,6th Hodge@ Smith, CMC
City Clerk
City of Virginia Beach
Virginia