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HomeMy WebLinkAboutMARCH 3, 1992 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MIYOR -1@- @ BEM@@, "I@ A@OR ROBERT @. IE-RE@, Vi,@ i@ j@- A UM, -.,l j@WES , @-R, j@, R-E@l @ @l.-, --.I, -@@l -RO@ -- R, ].IES B-.1, -@,l IAUI j @NTEI@- l@@, -,l - S A@- -CY 1, IA-@, ]-El . S-@ C@, l@l IITI HILI -LIE L Ull@l, li@, A,-., CITY COUNCIL AGENDA .-1.1 I-T. RUTII .0@@. -ITII CW,@ 1 -1 11@, @EIII, -@1.1 MARCH 3, 1992 ITEM 1. INFORMAL SESSION - Council Chamber - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM 11. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend John Jordon Galilee Episcopal Church - Pastor - Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSION - February 25, 1992 G. COUNCIL COMMITTEE REPORT 1. 1986 BOND REFERENDA William A. Schlimgen, Chairman H. CONSENT AGENDA Al I 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 will be discussed and voted upon separately. 1. Ordinance to APPROPRIATE $125,000 from the E-911 Fund to the FY 1991-1992 Police Department Budget re acquisition of a Voice Logger/Recorder System. 2. Ordinance authorizing license refunds in the amount of $8,925.47. 3. Ordinance authorizing tax refunds in the amount of $9,332.75. 1. RESOLUTION 1. Resolution of support for the Transit Proposal developed by the Virginia Department of Transportation and Tidewater Transportation District Commission to operate an Express Bus Service from selected park and ride lots in the City of Virginia Beach to downtown Norfolk and the Norfolk Naval Base. J. UNFINISHED BUSINESS K. NEW BUSINESS 1. COUNCIL-SPONSORED ITEM: a. Resolution directing the Planning Commission recornmend to City Council a proposed amendment to Section 1501 of the City Zoning Ordinance allowing outdoor recreational and amusement facilities as a conditional use in the RT-1 District. (Sponsored by Vice-Mayor Robert E. Fentress) L. ADJOURNMENT SCHEDULE FY 1992-1993 OPERATING BUDGET City Council Chamber TUESDAY, MARCH 31, 1992 2:00 PM **SPECIAL FORMAL SESSION** PRESENTATION TUESDAY, APRIL 7, 1992 10:00 AM WORKSHOP TUESDAY, APRIL 14, 1992 10:00 AM WORKSHOP THURSDAY, APRIL 16, 1992 7:00 PM **SPECIAL FORMAL SESSION** PUBLIC HEARING Green Run High School Auditorium TUESDAY, APRIL 28, 1992 (Time to be determined) WORKSHOP THURSDAY, APRIL 30, 1992 7:00 PM **SPECIAL FORMAL SESSION** PUBLIC HEARING Princess Anne High School Auditorium THURSDAY, MAY 7, 1992 10:00 AM RECONCILIATION WORKSHOP TUESDAY, MAY 12, 1992 2:00 PM APPROPRIATION ORDINANCES COUNCIL SESSIONS CANCELLED MAY 5, 1992 CITY COUNCIL ELECTION DAY 2/27/92 cmd M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Vlrginia March 3, 1992 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on March 3, 1992, at 1:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr. , Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Robert W. Clyburn ENTERED: 1:50 P.M. Mayor Oberndorf ANNOUNCED Councilman Clyburn was a SPEAKER at a luncheon. - 2 - C IT Y MANA GE R ' S C ON C E R N S ITEM # 35387 Mayor Oberndorf referenced the article in the VIRGINIAN-PILDT on Tuesday, March 3, 1992, concerning the backlog of requests for exemptions to the mandatory water use restrictions. The City Manager advised City Code Section 37-21 provides for an Appeals Board to hear requests for exemptions from mandatory water allocations. It does not provide for the Board to hear requests for exemptions for mandatory use restrictions, such as those adopted pursuant to City Council action of February 11, 1992. Amendments would empower the Appeals Board to hear requests for exemptions from the mandatory use restrictions recently imposed. The amendments would also authorize the Board to establish regulations granting temporary exemptions pertaining to categories of water use. This would avoid the need for review on a case-by-case basis in such instances. The amendments also provide a standard for the board to apply in deciding applications and require decisions to be made within two weeks of receipt of a completed application. The City Manager distributed a copy of the Ordinance to Amend and Reordain Section 37-21 of the City Code, pertaining to conservation of water during emergencies. Said Amendment shall be ADDED to the Formal Session of City Council. - 3 - C IT Y C 0 UN C I L C ON C E R N S ITF,M # 35388 Councilman Heischober distributed a copy of a Resolution requesting the General Assembly enact legislation pertaining to the allocation of water from the Roanoke River. Councilman Heischober wished this Resolution ADDED to the Formal Session of City Council. Senate Bill No. 275, which allocates 60-MILLION gallons of water per day from the Roanoke River to the City and other communities in Southeastern Virginia in accordance with permits and certifications issued by the U.S. Army Corps of Engineers and the Virginia Water Control Board, was introduced into the 1992 General Assembly Session by Senator Holland. The Bill passed the Senate, but has since been carried over to the 1993 session. The language of the Bill, however, has been attached to House Bill No. 488, pertaining to amendments to the Groundwater Act. - 4 - ITEM # 35389 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Counci I Chambers, City Hal I Bui Iding, on Tuesday, March 3, 1992, at 1:25 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Robert W. Clyburn - 5 - ITEM # 35390 Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to conduct its EXECUTIVE SESSION, pursuant to Section 2.1 -344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates tor employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Council Liaison to City Manager's Water Task Force Greenways, Trails and Bikeways Committee 2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could atfect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). To-Wit: Acquisition of Park Site - Groveland Park Subdivision Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Robert W. Clyburn - 6 - ITEM # 35391 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, to include the following purpose: 3. LEGAL MATTERS: Consu Itation with legal counsel or brief ings by staff members, consultants, or attorneys pertaining to actual or probable I itigation, or other specif !c legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). To-Wit: City of Virginia Beach ads Oxford House Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Robert W. Clyburn - 7 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL March 3, 1992 2:15 P.M. Mayor Meyera E. Oberndort cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL 1 n the Counci I Chambers, City Hal I Bui Iding, on Tuesday, March 3, 1992, at 2:15 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Vice Mayor Robert E. Fentress PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 8 Item II-E.l. CERTIFICATION OF EXECUTIVE SESSION ITEM 35392 Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such pub l ic business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 4b, CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECLJTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 35390, Page No. 5 and ITEM # 35391, Page No. 6 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ,h Hdgs mith, CMCTAAE City Clerk March 3, 1992 9 Item 11-F.l. MINUTES ITEM 35393 Upon motion by Vice Mayor Fentress, seconded by Counci lwoman McClanan, City Counci I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 25, 1992. Voting: 11-0 Council Members Voting Aye; John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 10 - Item 11-G.l. COUNCIL COMMITTEE REPORT ITEM # 35394 1986 BOND REFERENDA Wi II i am A. Sch I imgen, Chairman - 1986 BOND REFERENDA C014MITTEE, distributed a copy of his report on expenditures and obligations incurred by the City through December 31, 1992, on highway and school projects related to the 1986 Referendum, community center projects related to the 1987 Referendum, school projects related to the 1989 Referendum and the Lake Gaston water resource project approved in the 1988 Referendum. Said report is hereby made a part of the record. Mr. Schlimgen introduced a video summarizing this report, prepared by MCN Channel 29 featuring narration by Linda Roe, Cable Coordinator. Concerning the 1986 Highway Referendum, the Ferrell Parkway, Independence Boulevard, Indian River Road, Northampton Boulevard and two Lynnhaven Parkway projects are complete. Construction on the General Booth Boulevard project is 98% complete. In the Fiscal Year 1991-92 Capital Improvement Program approved by City Council in December 1992, two new projects were scheduled for funding from the 1986 Highway Referendum Bonds. These additional projects are Centerville Turnpike, Phase l(a) and Independence Boulevard, Phase IV(A). Due to a surplus of funding after completion of the original referendum projects, the addition of these new projects was possible. Of $40,000,000 authorized, 90.8%, or $36,323,625, has been contracted. Relative the 1987 Recreation Center Referendum, the Great Neck and Bow Creek facilities are open to the public. The Bayside project is 97.9% complete. An advance to proceed for the Princess Anne Community Center Project was issued in December 1991. $24,688,638, or 75.2%, of the $32,850,000 total has been contracted. Concerning the 1986 School Referendum, negotiations are underway for the Various School Site Acquisitions. Construction is complete on Ocean Lakes, Red Mill Farm, Tallwood and Glenwood Elementaries. Sites for Landstown (formerly Green Run) Elementary and Middle School and Strawbridge (tormerly London Bridge) Elementary School have been acquired. Construction is scheduled to begin on the Ocean Lakes High School and Corporate Landing Elementary School projects in June and August 1992, respectively. Funds totaling $28,791,578, or 89.1% of the $32,310,000 authorized, have been contracted. Relative the 1989 School Referendum, work is complete on the original thirteen elementary school gymnasium additions and an architect has been hired for design of a gymnasium addition at the Old Donation Center for the Gifted and talented. Work is complete on the Bayside and Kellam High School modernizations. Construction of the Strawbridge Elementary, Tallwood High, and Landstown Elementary and Middle Schools projects is 99.9%, 55% and 52.5% complete, respectively. Of $68,375,000 authorized, $58,685,954, or 85.8%, has been contracted. With respect to the 1988 Lake Gaston Water Resource Project Referendum, as indicated in previous quarterly reports, work on the project has been delayed by court injunction requiring the City to await an approval from the Federal Energy Regulatory Commission. However, in December 1991, a federal appeals court ruled construction could begin on the overhead crossings (Contract BI) and the below ground portion of the pump station (part of Contract Dl). Ot $200,000,000 authorized, $17,618,780, or 8.8%, has been contracted. Item I I -H. CONSENT AGENDA ITEM 35395 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED In ONE MOTION Items 1, 2 and 3 of the CONSENT AGENDA: Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 12 - Item 1 1-H.1 CONSENT AGENDA ITEM # 35396 Upon mot i on by V i ce Mayor Fentress, seconded by Counc i I man Sessoms, c i ty Council ADOPTED: Ordinance to APPROPRIATE $125,000 from the E-911 Fund to the FY 1991-1992 Pol;ce Department Budget re acquisition of a Voice Logger/Recorder System. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE $125,000 TO TRE FY 1991-92 POLICE DEPARTWM BUDOET FROM THE E911 FUND FOR THE ACQUISITION OF A VOICE LOGGER/RECORDER SYSTEM 1 WHEREAS, the Public Safety Communications Center's existing recorder 2 was purchased nearly 10 years ago and is becoming unreliable; 3 WHEREAS, the recorder provides information on actual converbations 4 requesting public safety service and is used to record the service provided. It 5 records all E911 telephone calls, all radio tranaMiBsions, and other 6 incoming/outgoing telephone calls handled by the Conununications Center; 7 WHEREAS, there are sufficient funds in the E911 Fund Balance to 8 purchase this equipment. 9 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, that $125,000 be appropriated from the Fund Balance of 11 the B911 Fund for the purpose of acquiring a Voice Logger/Recorder SyBtem for the 12 Communications Center to use with E911 callb. 13 Adopted by the City Council of the City of Virginia Beach, Virginia 14 on this day March 3, 1992. WALTEil 0. I OFRCE OF BUDGET AND EVALUATI - 13 - Item 11-H.2. CONSENT AGENDA ITEM # 35311 Upon motion by Vice Mayor Fentress, seconded by Counci lman Sessoms, City Council ADOPTED: Ordinance authorizing license refunds in the amount ot $8,925.47 upon appl ication of certain persons and upon certif ication of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 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 cetlification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Practical Care Health Service, Inc. c/o National Home Care Corp. 1989 Audit 2,482.23 2,482.23 1420 Spring Hill Road S-600 McLean, VA 22102 Practical Care Home Health, Inc. c/o National Home Care Corp. 1987-89 Audit 2,041.77 2,041.77 1420 Sp--ing Hill Road S-6on McLean, VA 22102 Certified as to Payment: rm: @li6 L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 4,524. 00 were approved by the Council 3 March 92 of the City of Virginia Beach on the - day of 19- Ruth Hodges Smith City Clerk MRM NO. C.k 8 FIEV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Becraft-Mani Buildinq Corp. 1989-90 Audit 167.05 167.05 5720 Princess Anne Road Virginia Beach, VA 23464 Boulevard Heating & Air Conditioning P. 0. Box 62501 1990 Audit 239.29 239.29 virginia Reach, VA 23462 Cafe USA, Inc. 1969-91 Audit 30.72 30.72 5048 Cleveland Street Virainia Beach, VA 23462 Certified as to Payment: @obert P. Vaughan Commissioner of the Revenue Approved as to form: Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 437-06 were approved by the Council of the City of Virginia Beach on the 3day of March 19 92 Ruth Hodges Smith City Clerk FORM NO, C.& 6 REV. 3% 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 BF=ACH, 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 Clark, James F. 1990 Audit 75.11 75.11 T/A Mobil Wash Systems 605 Arauona Blvd. Virginia Bea,h, @7A 23462 Corning, nrin B. 1990 Audit 24.43 24.4.3 T/A Corning Fi.nancial Service 528 Water Oak Road Virginia Beach, VA 23452 Dominion Painting, Inc. 1990 Audit 26.20 26.20 901 Kings Landing Circl- Vi-rgi-nia Beach, VA 23452 Certified as to Payment: -@obert P. Vaughan Commissioner of the Revenue Approved as to form: te-slie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 125 - 74 were approved by the Council 3 March 92 of the City of Virginia Beach on the - day of 1 9 - Ruth Hodges Smith City Clerk 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 CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of !he Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Fidelity Sales, Inc. 1988-91 Audit 297.87 297.87 T/A Paragon software Payable to: John T. Atkinson, Treasurer Commissioner of the Revenue Attn: Judy Braun Glover, Jack W. & W. Carl Cain T/A C & G Catering 1990-91 Audit 90.71 90.71 2912 Lafayette Blvd. Norfolk, VA 23509 Indian River Auto sales, Inc. 345 Millstone Road 1990--91 Audit 76.87 76.87 Chesapeake, VA 23320 Certified as to Payment: Commissioner of the Revenue Approved as to form: @slie L. Lill; City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 465. 45 were approved by the Council 3 March 92 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk FORM NO. C.k 0 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 CrrY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid KeaseV, Joseph E. 1990 Audit 35,06 35.06 T/A All American Roofing 288 Chapmans Court Virginia Beach, VA 23462 Madridejos, Raul D. Etals 1988 Audit 240.00 240.00 T/A Road Runner 1000 Melton Court Virginia Beach, VA 23464 Peters & Associates Real.ty Corp. T/A PeterS Realty 1990 Audit 166.82 166.82 1400 Kempsville Road #102 Chesapeake, VA 23320 Certified as to Payment: "4@ , @ert P. Vaughan Commissioner of the R4 e/ne Approved as to form: @esli@e L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 441.88 were approved by the Council of the City of Virginia Beach on the3day of March .19 92 Ruth Hodges Smith City Clerk MRM NO@ C.k 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 Int. Total Year Paid Robinson, Curtis J., Jr. & James Allman T/A Champion Enterprises 1990 Audit 42.37 42.37 1224 Executive Blvd. #101 Chesapeake, VA 23320 Shafer, Fred H., President 1988-90 Audit 240.91 240.91 Omni Investment Corp. T/A Kair Kuts 4618 Flicka Court Virqinia Beach, VA 23455 Sheldon Motors, Inc. 1991 Audit 163.87 163.87 15200 Warwick Blvd. Newport News, VA 23602 Certified as to Payment: Approved as to form: @ie"L. Lilley- City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 447. 15 were approved by the Council of the City of Virginia Beach on the3day of March 19 92 Ruth Hodges Smith City Clerk "M NO. C@k 8 REV. 3W 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 CFRY 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 Tidewater Temps, Inc. 1989-91 Audit 326.00 326.00 T/A Tidewater TemDs 4092 Foxviood Drive virqinia Beach, VA 23462 Washington Inventorv Service of VA 7150 El Cajon Blvd. 1989-90 Audit 75.68 75.68 San Diego, CA 92115 T@7oodhouse, Robert W., III 914 Baldwin Avenue 1990 Audit 1,090.00 1,090.00 Richmond, VA 23229 Certified as to Payment: @obert P. Vaughan Commissioner of the Revenue Approved as to form: City Attorney This ordinance shall be effective irom date of adoption. The above abatement(s) totaling $ 1,491.68 were approved by the Council of the City of Virginia Beach on the3day of March 19 92 Ruth Hodges Smith City Clerk FOFIM NO. C.k 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CF=RTAIN 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 Woodstone Con,truction Corp-. 918 Wolfpack Court 1987-90 A,-idit 581.74 581.74 Virginia Beach, VA 23462 Woodward, David R. 1990 Audit 57.00 57.00 T/A Independence Chiropractic P. 0. Box 1600 Williamsburg, VA 23187 Worrell, P. D. & J. Grasman T/A Four Corners Cleaning 19R9-90 Audit 14.71 14.71 2013 Hillsboro Court Virgin,'-a Beach, VA 23456 Yu, Chinan & Ja Kung 1989-90 Audit 339-06 339.06 T/A Bayside Tran,mission & Auto Repair 2405 Lookout Court Virginia Beach, VA 23495 Certified as to Payment: ommissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling s )q2. 91 were approved by the Council of the City of Virginia Beach on the3day of March '19 92 Ruth Hodges Smith City Clerk - 14 - Item 11-H.2. CONSENT AGENDA ITEM # 35312 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance authorizing Tax refunds in the amount of $9,332.75 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FORM NO. C.A. 7 21201 92 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Year of Tax Number tion No. p aid Jessee N Jr. & J N Anderson 92 RE(1/2) 2438-7 1/16/92 31.10 Sarah P Roughton Moore 92 RE(1/2) 80431-0 12/4/91 64.88 Fleet Mortgage Corp 92 RE(1/2) 121068-2 11/27/91 23.98 Lynnhaven Crossing Assoc 92 RE(1/2) 69793-5 11/26/91 2,532.79 NationsBank Mortgage Corp 92 RE(1/2) 109191-7 11/26/91 61.32 Leon R & Leonida Bundy 92 RE(1/2) 15281-7 11/26/91 12.54 Tropicana Hotel Assoc L P 92 RE(1/2) 85246-4 12/5/91 5,411.11 Ronald E & Mary Ann Graham 92 RE(1/2) 44055-1 12/5/91 108.60 Ana H Barbosa 92 RE(1/2) 5658-3 11/8/91 54.50 Northeast Savings FA 92 RE(1/2) 29856-3 11/26/91 58.50 Fleet R E Funding Corp 92 RE(1/2) 68896-3 11/26/91 69.25 Melvin L & Debra Harrell 92 RE(1/2) 48209-7 12/5/91 21.59 Melissa D Williams 92 RE(1/2) 125083-4 12/31/91 255.90 John S & Verna Floyd 92 RE(1/2) 37681-7 12/5/91 168.95 John S & Verna Floyd 91 RE(1/2) 37434-8 12/5/90 123.84 John S & Verna Floyd 91 RE(2/2) 37434-8 6/5/91 123.84 John S & Verna Floyd 90 RE(1/2) 36865-9 12/5/89 105.03 John S & Verna Floyd 90 RE(2/2) 36865-9 6/5/90 105.03 Total 9,332.75 This ordinance shall be effective from date of adoption. Tq@a@S@e ETatement(s) totaling c as to pa .7 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1992 yu@ jot T. Atkibs6n-Tr@surer Approved as to form: Ruth Hodges Smith City Clerk L@li@L. Lille-y,@mq - 15 - Item II-I.l. RESOLUTIONS ITEM # 35399 Cyndy Bourquard, representing the League of Women Voters of Norfolk/Virginia Beach, spoke in SUPPORT of the Resolution, 253 West Freemason Street, Phone: 627-3396. Mrs. Bourquard's statement is hereby made a part of the record. Letter from the Hampton Roads Chamber of Commerce, dated March 3, 1992, in SUPPORT of the Resolution is hereby made a part of the record. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the Resolution. Jayne B. Whitney, Director of Project Management, Post Office Box 2096, Norfolk, Phone: (804) 627-9291. Mrs. Whitney distributed information on the proposed Express Transit Service which is hereby made a part of the record. A five phased transit improvement plan focusing on the new HOV facilities and transit service was developed as a part of the past year's light rail passenger study. Phase I Service Plan shall include four express routes operating during peak commute hours from three new park and ride (P & R) lots as follows: Origin Destination Service Frequency Boarding Pembroke P & R Naval Base 15 minutes 600 Holland Rd. P & R Naval Base 30 minutes 100 Holland Rd. P & R Norfolk CBD 30 minutes 100 Hilltop P & R Pembroke P & R lot 15 minutes 800 then to Norfolk CBD Total Estimated Riders on Express Service 1,600 Phase I also includes four local/feeder bus service routes. TRT proposed to offer a "Guaranteed Ride" program to offer flexibility to those who need to return home from the Naval Base for an emergency or other occurrence during the day. The funds for the leasing of spaces to create a park-and-ride lot in the Central Business District area would be derived from the Route 44 Toll Road funds. Memorandum from Dale Castellow, Planning Department, dated March 2, 1991, regarding the Express Bus Proposal is hereby made a part of the record. Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution of support for the Transit Proposal developed by the Virginia Department of Transportation and Tidewater Transportation District Commission to operate an Express Bus Service from selected park and ride lots in the City of Virginia Beach to downtown Norfolk and the Norfolk Naval Base. The City Manager advised funds for this Service would come from the existing surplus allocation available with TRT. Approximately $296,000 is available in the Surplus Fund Balance. The estimated cost of the four month trial period is $37,000. - 16 - Item 11-1-1. RESOLUTIONS ITEM # 35313 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 RESOLUTION OF SUPPORT FOR THE TRANSIT PROPOSAL DEVELOPED BY THE 2 VIRGINIA DEPARTMENT OF TRANSPORTATION AND TIDEWATER TRANSPORTATION 3 DISTRICT COMMISSION TO OPERATE AN EXPRESS BUS SERVICE FROM SELECTED 4 PARK AND RIDE LOTS IN THE CITY OF VIRGINIA BEACH TO DOWNTOWN NORFOLK 5 AND THE NORFOLK NAVAL BASE 6 7 WHEREAS, the Virginia Department of Transportation, in 8 cooperation with the Federal Highway Administration is constructing 9 a system of high occupancy vehicle (HOV) lanes in the South Hampton 10 Roads area; and 11 12 WHEREAS, the Council of the City of Virginia Beach 13 recognizes the importance of the HOV lanes as a vital component of 14 the City's roadway network and Master Street and Highway Plan; and 15 16 WHEREAS, the Tidewater Transportation District Commission 17 is participating in the development of the HOV lanes through its 18 role as the regional ridesharing agency; and is providing ride 19 matching, marketing, and promotional services in cooperation with 20 the Virginia Department of Transportation; and 21 22 WHEREAS, experience in other metropolitan areas which 23 have HOV lanes indicates that a park-and-ride element and an express 24 transit service element are essential to obtaining the full benefits 25 of the HOV lanes; and 26 27 WHEREAS, provision of park-and-ride lots, in conjunction 28 with HOV lane express transit services, will require the cooperation 29 and support of the Virginia Department of Transportation, the cities 30 in South Hampton Roads, and the Tidewater Transportation District 31 Commission to finance and implement these non-highway transit 32 elements of the HOV lane system, and 33 34 WHEREAS, the Council of the City of Virginia Beach 35 recognizes that operation of the express transit services may 36 require additional municipal funding beginning in Fiscal Year 1992- 37 93: 38 39 NOW, THEREFORE, BE IT HEREBY RESOLVED: That the Council 40 of the City of Virginia Beach requests that the Tidewater 41 Transportation District Commission proceed with development of the 42 express bus service with the understanding that Council will 43 participate in the selection of any future park and ride site. 44 45 ADOPTED by the Council of the City of Virginia Beach, 46 47 Virginia, this 3 day of March 1992 - 17 - Item 11-J.1. APPOINTMENTS ITEM # 35400 ADD-ON A NOMINATION was made by Councilman Sessoms to APPOINT Vice Mayor Fentress and Councilman Louis R. Jones as Council Liaisons to the City Manager's WATER TASK FORCE. A SUBSTITUTE MOTION was made by Counci Iman Lanteigne, seconded by Counci Iman Brazier to DEFER APPOINTMENTS to the City Manager's WATER TASK FORCE until the City Council Session of March 10, 1992. Voting: 3-8 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: James W. Brazier, Jr., Pau I J. Lanteigne and Reba S. McClanan Council Members Voting Nay: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker* and William D. Sessoms, Jr. Council Members Absent: None *Councilwoman Parker changed her AYE VOTE to a VERBAL NAY. - 18 - Item 11-J.2. APPOINTMENTS ITEM # 35401 ADD-ON Upon NOMINATION by Councilman Sessoms, City Council APPOINTED: City Manager's WATER TASK FORCE. Vice Mayor Robert E. Fentress Council Liaison Voting: 8-1 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteigne Council Members Abstaining: James W. Brazier, Jr. and Vice Mayor Robert E. Fentress Council Members Absent: None Councilman Brazier ABSTAINED based on his comments in EXECUTIVE SESSION. Item 11-J.3. APPOINTMENTS ITEM # 35402 ADD-ON Upon NOMINATION by Councilman Sessoms, City Council APPOINTED: City Manager's WATER TASK FORCE. Louis R. Jones Council Liaison Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr. Robert W. Clyburn, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteigne Council Members Abstaining: Vice Mayor Robert E. Fentress Council Members Absent: None - 20 - Item 11-K.l. NEW BUSINESS ITEM # 35403 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, city Council ADOPTED: Resolution directing the Planning Commission recommend to City Counci I a proposed amendment to Section 1501 of the City Zoning Ordinance allowing outdoor recreational and amusement facilities as a conditional use in the RT-1 District. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Requested by Vice-Mayor Fentress 1 A RESOLUTION DIRECTING THE PLANNING 2 COMMISSION TO STUDY AND FORWARD ITS 3 RECOMMENDATION TO THE CITY COUNCIL 4 CONCERNING A PROPOSED AMENDMENT TO 5 SECTION 1501 OF THE CITY ZONING 6 ORDINANCE 7 8 9 WHEREAS, Section 1501 of the City Zoning ordinance, 10 pertaining to permitted and conditional uses in the RT-1 district, 11 does not allow recreational and amusement facilities of an outdoor 12 nature to be operated within the RT-1 district, and 13 WHEREAS, the City Council desires the Planning Commission 14 to study and forward its recommendation to the City Council 15 concerning a proposal to amend the City Zoning Ordinance so as to 16 allow recreational and amusement facilities of an outdoor nature as 17 a conditional use in the RT-1 district. 18 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That the Planning Commission is hereby directed to study 21 and forward its recommendation to the City Council as to whether 22 section 1501(b) of the City Zoning Ordinance should be amended so 23 as to allow recreational and amusement facilities of an outdoor 24 nature as a conditional use in the RT-1 district. 25 The Planning Commission is further directed to forward 26 its recommendation within days of the date of the adoption 27 of this Resolution. 28 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 29 VIRGINIA, on the 3 day of March 1992. 30 31 32 33 CA-4568 34 1501.res 35 R-1 36 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 1501 OF THE 3 CITY ZONING ORDINANCE PERTAINING 4 TO USE REGULATIONS IN THE RT-1 5 RESORT TOURIST DISTRICT. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 1501 of the City Zoning Ordinance is hereby 9 amended and reordained to read as follows: 10 Section 1501. Use recjulations. 11 (a) Principal Uses and structures: 12 (1) Hotels and motels, which may have in conjunction with 13 them any combination of restaurants, outdoor cafes, 14 retail commercial use and convention facilities, provided 15 that uses in conjunction with hotels and motels may not 16 occupy more than ten (10) percent of the floor area of 17 all structures (excluding parking) located on the lot, 18 subject to the following: 19 (i) The structure enclosing the uses permitted in 20 conjunction with hotels and motels shall be fully 21 enclosed at all times by solid exterior walls and 22 roof with no exterior opening, other than 23 passageway doors as may be required by the 24 Virginia Uniform Statewide Building Code; 25 Such enclosed structure shall be located entirely 26 within the same structure enclosing the principal 27 use; and 28 No entrance or exit to a use permitted in 29 conjunction with hotels and motels shall be 30 located on the side of the structure facing the 31 boardwalk, unless such entrance or exit provides 32 access to a courtyard or intervening open area, 33 in which case such open area shall be fully 34 fenced or walled to a height of at least four (4) 35 feet and without any entrances or exits facing 36 the boardwalk. The only exceptions to this 37 condition apply to boardwalk cafes as permitted 38 by special regulations established in franchise 39 agreements approved by City Council. 40 (iv) Parking structures shall be permitted in 41 conjunction with hotels and motels provided that 42 ground level parking fronting Atlantic Avenue, 43 the boardwalk, or any public park or open space 44 is prohibited except for necessary access drives 45 and ramps. 46 (2) Public buildings and grounds; 47 (3) Public utilities installations and substations including 48 offices; provided storage or maintenance facilities shall 49 not be permitted; and provided, further, that utilities 50 substations, other than individual transformers, shall be 51 surrounded by a wall, solid except for entrances and 52 exits, or by a fence with a screening hedge five (5) to 53 six (6) feet in height; and provided also, transformer 54 vaults for underground utilities and the like shall 55 require only a landscaped screening hedge, solid except 56 for access opening. 57 (4) Bicycle rental establishments in conjunction with hotels 58 and motels, subject to the following: 59 (i) Such establishments shall be no less than two 60 hundred (200) feet in area and shall have minimum 61 dimensions of ten (10) feet by twenty (20) feet; 62 (ii) The area upon which bicycles are displayed shall 63 be paved and the perimeter thereof delineated by 64 811 x 811 timber curbing, except at the point of 65 ingress and egress; 66 (iii) No more than twenty (20) bicycles shall be stored 67 or displayed in the rental area at any one time, 68 repairs shall not be conducted in the rental 2 69 area, and no rental activity shall be conducted 70 on public property; 71 (iv) No more than one (1) sign identifying any such 72 establishment shall be permitted, and no such 73 sign shall exceed four (4) square feet per face 74 in surface area, be illuminated, or encroach into 75 any portion of the public right-of-way; and 76 (v) Points of ingress and egress of any such 77 establishment located adjacent to public property 78 shall be directly connected to the boardwalk 79 bicycle path by means of an existing sidewalk, 80 street or connector park. 81 (b) Conditional uses and structures: Uses and structures 82 hereinafter specified, subject to compliance with the provisions of 83 part C of article 2 hereof: 84 (1) commercial parking lots and parking garages. 85 (2) Heliports and helistops. 86 (3) Recreational and amusement facilities of an outdoor 87 nature, which may be t)artially or temiporarily enclosed on 88 a seasonal basis with adnroval of City Council, Provided 89 that, in the development of such properties, safeguards 90 are provided to preserve and Protect the existing 91 character of adiacent nroperties, excelpt that ridincr 92 academies and recreational camdarounds shall not be 93 allowed as a conditional use or otherwise. 94 Adopted by the Council of the City of Virginia Beach, Virginia 95 on the day of 1992. 96 CA-4569 97 \ordin\proposed\45-1501.pro 98 R-1 3 - 21 - Item 11-K.2. NEW BUSINESS ITEM # 35404 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council AGREED to ADD TO THE AGENDA: Ordinance to AMEND and REORDAIN Section 37-21 of the City Code re conservation of water during emergencies and appeals to the Board. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 22 - Item 11-K.3. NEW BUSINESS ITEM # 35405 ADD-ON Upon motion by Counci Iman Heischober, seconded by Counci lman Jones, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 37-21 of the City Code re conservation of water during emergencies and appeals to the Board. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None DEPARTMENT APPROVED AS TO LEGAL 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 37-21 OF THE CITY CODE, 3 PERTAINING TO CONSERVATION OF WATER 4 DURING EMERGENCIES 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 37-21 of the Code of the City of Virginia Beach, 8 pe@taining to conservation of water during emergencies, be, and 9 hereby is, amended and reordained, and shall read as follows: 10 Sec 37-21. Conservation of water during emergencies 11 (a) Should the city council, at any tirne, declare there to be 12 an einergency existing in the city arising, either wholly or 13 substantially, out of a shortage of water supply, the city manager 14 or the director of public utilities is hereby authorized to order is the restriction or prohibition of any or all of the following uses 16 of the water supply: 17 (1) Watering of shrubbery, trees, lawns, grass, plants or is other vegetation, except from a watering can or other 19 container not exceeding three (3) gallons in capacity. 20 (2) Washing of automobiles, trucks, trailers or any other 21 type of mobile equipment, except in facilities operating 22 with a water recycling systera approved by the city, or 23 except from a bucket or other container not exceeding 24 three (3) gallons in capacity; provided, further, that 25 any facility operating with an approved water recycling 26 system must prominently display, in public view, a sign 27 stating that such a recycling system is in operation. 28 (3) Washing of sidewalks, streets, driveways, parking areas, 29 service station aprons, exteriors of homes, apartinents, 30 columercial or industrial buildings or any other outdoor 31 surface, except from a bucket or other container not 32 exceeding three (3) gallons in capadity. 33 (4) The operation Of any ornamental fountai'n or other 34 structure making a similar use of water. 35 (5) The filling of swimming or wading pools or the refilling 36 of swimining or wading pools which were drained after the 37 effective date of the order. 38 (6) The use of water from fire hydrants for any purpose other 39 than necessary governmental operations. 40 (7) The serving of drinking water in restaurants, cafeterias 41 or any other establishment, unless requested to do so by 42 the individual being served. 43 The above restrictions, or any of them, shall becolne effective upon 44 their being printed in any newspaper of general circulation in the 45 city, or broadcast upon any radio or television station serving the 46 city. 47 (b) Should the implementation of a.11 of the measures provided 48 for in subsection (a) above fail to preserve sufficient supplies of 4.9 water for the citizens of the city, the city manager and/or 50 director of public utilities are hereby authorized, in addition, to 51 order the imposition of specific allotments of water supply to each 52 customer, both residential and commercial, and to provide for a 53 surcharge of up to twenty dollars ($20.00) per one thousand (1,000) 54 gallons of water consumed in excess of such allocation. Such 55 allotment and surcharge shall be subject to ratification, within 56 ten (10) days, by the city council and shall remain in effect until 57 removed by like councilmanic action. 58 (1) Upon implementation of (a) or (b) above, the city manager 59 iiill shall appoint an appeals board consisting 60 of three (3) representatives (one from the city manager's 61 office, one from the health department, and one from the 2 62 finance department). The city attorney or his designee 63 shall serve as legal counsel to the board. 64 (2) The alleeatien appeals board ifi:ll shall be empowered to 65 review customer applications for exemptions 66 from the provisions of subsections (a) and (b) on a case- 67 by-case basis and, if warranted, to make equitable 68 adjustments to such alleeations Rrovisions. The board 69 shall also be empowered to establish regulations 70 governing the grantina of temiporary exemptions ai3i3licable 71 to all or some of the uses of the water supply set forth 72 in subsecti - board shall. in deciding 73 applications- . shii)s to the 74 applicant resulting from the imi)osition of water use 75 restrictions or m- 76 cumulative imt)acts to thp water suipply re.-lulting from the 77 granting of exemt)tions. individual app_lications shall be 78 decided by the board within two (2) weeks of receipt of 79 an application in nron@r form and containing all 80 necessary information. 81 (c) should all of the measures taken pursuant to subsections 82 (a) and (b) of this section prove insuf f icient to preserve 83 suff icient supplies of water for the citizens of the city, the city 84 manager or the director of public utilities is hereby further 85 authorized to restrict or disc6ntinue the supply of water to any 86 industrial or commercial activity which uses water beyond the 87 sanitary and drinking needs of its employees and invitees. 88 (d) Any person violating any provision of this section or any 89 order of the city manager or director of public utilities issued 90 pursuant to the authority granted hereunder shall be guilty of a 91 Class 3 misdemeanor. in addition, the city manager or director of 92 public utilities is hereby authorized to terminate the water 93 service, for the duration of the emergency, to any person convicted 94 of such violation. 95 (e) Nothing in this section shall be construed to prohibit 96 the city manager or the director of public utilities from 3 97 rescinding any orders issued hereunder when the conditions creating 98 the need for such orders have abated. 99 Adopted by the City Council of the City of virginia Beach 3 March 100 on the day of 1992. 101 CA-92-4577 102 /wmordres/37-2l.ord 103 R-1 4 - 23 - Item Ii-K.4. NEW BUSINESS ITEM # 35406 ADD-ON Upon motion by Counci Iman Heischober, seconded by Counci [man Sessoms, City Council AGREED to ADD TO THE AGENDA: Resolution requesting the General Assembly enact legislation re allocation of water from the Roanoke River to the City of Virginia Beach and other areas in Southeastern Virginia (SB 275/HB 488). Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 24 - Item 11-K.5. NEW BUSINESS ITEM # 35407 ADD-ON Upon motion by Counci lman Heischober, seconded by Counci Iman Sessoms, City Council ADOPTED: Resolution requesting the General Assembly enact legislation re allocation of water from the Roanoke River to the City of Virginia Beach and other areas in Southeastern Virginia (SB 275/HB 488). Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO ENACT LEGISLATION 3 PERTAINING TO THE ALLOCATION OF 4 WATER FROM THE ROANOKE RIVER 5 WHEREAS, Senate Bill No. 275, pertaining to the allocation of 6 water f rom the Roanoke River to the City of Virginia Beach and 7 Southeastern Virginia, was introduced into the General Assembly in 8 its current session; and 9 WHEREAS, such bill provided that there would be allocated 10 sixty million gallons of water per day from the flow of the waters 11 of the Roanoke River f or the City of Virginia Beach and other 12 communities in Southeastern Virginia, such water to be withdrawn by 13 the City of Virginia Beach in accordance with certifications and 14 permits issued by the United States Army Corps of Engineers and the 15 Virginia Water Control Board; and 16 WHEREAS, a critical shortage in the public water supply of 17 Southeastern Virginia exists; and 18 WHEREAS, the development of an additional water supply for 19 Southeastern Virginia is necessary to protect the public health, 20 safety and welfare; and 21 WHEREAS, the development of such additional water supply would 22 be of general benefit to the Commonwealth of Virginia; and 23 WHEREAS, the aforesaid withdrawal of water has been 24 demonstrated conclusively to have no adverse environmental effects; 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 That the General Assembly of the Commonwealth of Virginia, at 28 its current session, be, and hereby is, requested to enact 29 legislation containing the provisions of Senate Bill No. 275, 30 pertaining to the allocation of water from the Roanoke River. 31 CA-92-4587 32 \res\ordres\275.res ADOPTED: March 3, 1992 33 R-1 1992 SESSION LD1767673 I SENATE BILL NO. 275 2 Offered January 21, 1992 3 A BILL allocating certain vi,aters of the Roanoke River to the public water supply for 4 Southeastern Virginia. 5 6 Patrons-Holland, C.A., Andrews, Earley, Miller, Y.B., Quayle, Stolle and Waiker-, Delegates: 7 Barlow, Copeland, Councill, Croshaw, Forbes, Forehand, Hamilton, Heilig, Jones, Purkey, 8 Stieffen, Tata, Wagner and Wardrup 9 10 Referred to the Committee on Agriculture, Conservation and Natural Resources 12 Whereas, a critical shortage in the public water supply exists in the City of Virginia 13 Beach and other communities in the southeastern region of the Commonwealth; and 14 Whereas, the development of an additional public water supply for the southeastern 15 region is necessary to protect the health, safety, welfare and other interests of the people 16 of the Commonwealth; and 17 Whereas, it is the policy of the Commonwealth, as set forth in SS 62.1-11, that the needs 18 of the people of the Commonwealth may require the water resources of the Commonwealth 19 be put to uses beneficial to the public; now, therefore, 20 Be it enacted by the General Assembly of Virginia: 21 1. SS 1. Sixty million gallons of water per day from the flow of the wate, of the Roanoke 22 River in the Com"tonwealth shall be allocated for the developrnent of an additional pliblic 23 ii,ater supply bv the City of Virginia Beacli to provide water for itself aild other 24 cot?znizinities in the southeastern region of the Comrnonwealth- The City of Virginia Beach 25 shall ivithdraw the water from the Pea Hill Creek tributary to Lake Gaston and shall 26 tran,@port the water by pipeline to .5otitheastern Virginia. The CitY of Virginia Beacli sh,li 27 withdraw and transport the water in accordance t4,ith certifications and permits issued by 28 the State Water Control Board and by the U.S. ARMY Corps of Engineers prsua,,t to th, 29 Clean Water Act and the Rivers and liarbor Act of 1899. 30 SS 2. Any activity authorized by SS I shall not require the consent of any county or 31 municipality, pursuant to SS 15.1-875, other than a coun@v or municipality in which some 32 portion of the pipeline or water intake structure is to be located. 33 34 35 36 37 38 39 40 41 42 43 44 Official Use By Clerks 45 Passed By 46 Passed By The Senate The House of Delegates without amendment 0 without amendment 0 47 with amendment 0 with amendment 0 48 substitute 0 substitute 0 49 substitute w/amdt 0 substitute w/amdt 0 50 51 Date: Date: 52 53 Clerk of the Senate Clerk of the House of Delegates 54 - 25 - Item 11-K.6- NEW BUSINESS ITEM # 35408 ADD-ON Mayor Obern dor f ru led the SOUTHERN WATERSHED MANAGEMENT Bri ef!ng sha II be SCHEDULED on the Formal Agenda under PRESENTATIONS for the City Council Session ot March 10, 1992. This shall allow remarks by the citizenry. The SOUTHERN WATERSHED MANAGEMENT Ord I nance sha I 1 be SCHEDULED f or the C i ty Council Session ot March 24, 1992. - 26 - Item II-K.7. NEW BUSINESS ITEM # 35409 ADD-ON Councilwoman McClanan referenced the Transitional area and the Southern Watershed Management Ordinance as to whether further information would be provided. Robert J. Scott, Director of Planning, advised his Memorandum summarizing the issues of the Transitional area and the Southern Watershed Management Ordinance will be forwarded with the City Council Agenda. The City Council has received a document (Ordinance and Comprehensive Plan Amendment), which is the version recommended by the Planning Commission. - 27 - Item II-K.8. NEW BUSINESS ITEM # 35410 ADD-ON Counci I man C lyburn pub Ii call y expessed app rec i ation to the Honorab le Law rence Douglas Wilder - Governor, Commonwealth of Virginia. The Governor, by letter, has requested the Department of Commerce endorse the City's Lake Gaston water project. - 28 - Item 11-K.9. NEW BUSINESS ITEM # 35411 ADD-ON Councilwoman McClanan advised APPOINTMENTS to the Greenways, Trails and Bikeways Committee were not discussed duri ng the EXECUTIVE SESSION. Counci lwoman McCianan requested these appointments be discussed in the next Session, March 10, 1992. - 29 - Item 11-K.10. NEW BUSINESS ITEM # 35412 ADD-ON Upon motion by Councilwoman McCianan, seconded by Councilman Baum, City Council SCHEDULED RECONSIDERATION of Condition Number 3 for the City Council Session ot March 24, 1992, in the February 25, 1992, approved application ot TIDEWATER GOLF CENTER for a Conditional Use Permit (golf driving range) at Shipps Corner Road and Holland Road (PRINCESS ANNE BOROUGH). The following condition shall be RECONSIDERED: 3. Forty-foot high safety netting must be installed along both sides of the driving range for a distance of 600 feet, as well as along the heavily treed area adjacent to the Resource Management Area component of the Chesapeake Bay Preservation Area. Invisible safety netting shall be installed along @hipps Corner Road and regular safety netting may be installed along the heavily treed area in the back until such time as development occurs when the applicant volunteered to install invisible netting in that area also. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 30 - Item 11-L.l. ADJOURNMENT ITEM # 35413 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 3:50 P.M. (2@ @ /X/@ Beveril 0. Hooks, CMC Chief Deputy City Clerk @th HodgeSS Smith, CMC/,AAE Meyera E. Oberndort City Clerk Mayor City of Virginia Beach Virginia