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HomeMy WebLinkAboutJANUARY 21, 1986 MINUTES @it@ C>f "WORLD'S LARGEST RESORT CITY" CNY COLWCJL MA YOR HAROLD HMCHOMA At L-g. VICE-MAYOR REBA S. M@CLANAN, P-.. A- @A JOHN A. BA UM, Bikw@ B-gh NANCY A. CJWXCH, Al @. ROBERT E PE@, V"- B..k B-gh BARBARA M @, NW. B-Vh H. JACK JEN7,rDVGS. JR.. L@ @k LOUIS R. JOATS, B.V6& B-gh ROBFRT G. RONES, Al L.@. J RENRY M@COY, JR., K-@ @h MEYERA E OBERNDORP. At L-g- igi CTRYHAU BUJLDRVG RUTH HODGES Sur7w. CMC. Cltv Cl-k MUNICD'AL CENTER CITY COUNCIL AGENDA VIRGINIA BEACH, VIRRINIA 2W6.wn 18041427-4M3 January 21, 1986 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM 11. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATION: Reverend Isaiah Samson, Jr. Iglesia Ni Christo Church of Christ B. PLEDGE OF ALLEGIMCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. PRESENTATION Lynnhaven FLiver Water Quality Task Force Report - Mr. Darrell Hughes, Chairman G. MINUTES 1. Motion to accept/approve the 14inutes of January 13, 1986 H. PLANNING 1. Application of Harry S. and Jean W. Rogers for a variance to Section 4.4(b) of the Subdivision Ordinance, which requires that lot dimensions conform to the Comprehensive Zoning Ordinance on property located at 5613 Normandy Avenue (Kempsville Borough). Recommendation: DENIAL Deferred by City Council on 11/18/85, 12/09/85 a-ld 1/06/86. I. RESOLUTIONS 1. Virginia Beach Development Authority Refunding Industrial Development Revenue Bond: George S. Hazzis $640000.00 2. Mobile Homes in the Agricultural Area J. ORDINANCES 1. Ordinance requiring disclosure of information and other measures to define and identify situations which give rise to CONFLICT OF INTERESTS, or apparent conflict of interest, and unethical conduct on the part of public officials of the City of Virginia Beach, Virginia 2. Ordinance to amend and reordain Section 33-6 of the Code of the City of Virginia Beach, Virginia, pertaining to sales conducted on or adjacent to the public right-of-way 3. Ordinance to ADD Section 6-30 to the Code of the City of Virginia Beach, Virginia, pertaining to f ishing from the beach 4. Ordinance to amend and reordain Section 6-4 of the Code of the City of Virginia Beach, Virginia, pertainlng to sleeping on the beach 5. Ordinance to amend and reordain Section 6-6 of the Code of the City of Virginia Beach, Virginia, pertaining to prohibited items on beaches and adjacent areas 6. Ordinance to amend and reordain Section 7-57 of the Code of the City of Virginia Beach, Virginia, pertaining to riding on the sidewalk 7. Ordinance to amend and reordain Sections 31-1, 31-14, 31- 26, 31-27 and 31-28 of the Code of the City of Virginia Beach, Virginia, pertaining to solid waste K. 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 will be discussed and voted upon separately. 1. Resolution to authorize MOBILE VENDING activities and regulations; institute administrative procedures; and, develop a franchise at the Oceanfront 2. Resolution authorizing the enlargement of the nonconforming use and structure located at 5625 Virginia Beach Boulevard (property of John Miller and Katherine Ililler, husband and wife) 3. Ordinance authorizing the City of Virginia Beach to enter into an agreement with the Virginia Beach School Board for the establishment of a Joint Cable Center and the creation of a Joint Cable Center Board to oversee operations of the Center 4. Ordinance to authorize acquisition of property in fee simple for right-of-way for Elbow Road extended (Elmer Tolle Subdivision) and the acquisition of temporary and permanent easements of right-of-way either by agreement or by condemnation 5. FINAL APPROVAL: Ordinance closing, vacating and disco,itinuing portion of Silverleaf Drive in the petition of the City of Virginia Beach (Kempsville Borough) 6. FY 1986-1987 OPERATING BUDGET SCHFDULE April 1 Special Session of City Council for presentation April 1-16 City Council's review April 17 Budget Workshop - Conference Room 4:00 - 7:00 PM April 24 Budget Workshop - Conference Room 4:00 - 7:00 PM April 29 PUBLIC HEARING - Pavilion 7;00 PM May 8 Budget Reconciliation Workshop Conference Room - 4:00 - 7:00 Pm May 12 PUBLIC EEARING and FIRST READING of Appropriation Ordinance Council Chambers - 2:00 PM May 15 SECOND READING of Appropriation Ordinance Council Chambers - 2:00 PM 7. Raffle Permit: Virginia Easter Seal Society 8. Ordinance authorizing Tax Refunds in the amount of $1,659.80 9. Ordinance authorizing License Refunds in the amount of $ 3, 165.45 UNFINISHED BUSINESS 1. Oceanfront Visitor and Travel Center Presentation by Mr. Jack Whitney, Planaing Department M. NEW BUSINESS 1. Insurance Program Presentation by Mr. Robert Esenberg, Risk Management Division N. ADJO@NT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 21, 1986 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Tuesday, January 21, 1986, at 12:30 P.M. Council Members Present: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech and Robert G. Jones Councilwoman Creech was out of the City. (Her letter to City Council is hereby made a part of the record). Councilman Robert Jones entered the EXECUTIVE SESSION at 12:38 P.M. - 2 - ITEM # 24813 Mayor Heischober entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Robert G. Jones - 3 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 CONSENT AGENDA ITEM # 24814 Councilman Jennings referenced the Resolution to authorize MOBILE VENDING activities and regulations; institute administrative procedures; and, develop a frauchise at the Oceanfront. (See Item II-K.1 of the Consent Agenda). This item will be pulled for a separate vote. Item II-D.2 CONSENT AGENDA ITEM # 24815 Coun6ilwoman Henley referenced an Ordinance authorizing the City of Virginia Beach to enter into an agreement with the Virignia Beach School Board for the establishment of a Joint Cable Center and the creation of a Joint Cable Center Board to oversee operations of the Center. (See Item II-K.3 of the Consent Agenda). Councilwoman Henley requested a explanation of the operation of this Joint Cable Center. - 4 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 ITEM # 24816 With reference to the BACK BAY MANAGEMM PLAN, Councilwoman Henley advised of seeking assistance from the GAME COMMISSION particularly for relocation of the PUMP OUTFALL. On Friday, January 17, 1986, the GAME COMMISSION agreed to participate with the City of Virginia Beach in the amount of $150,000. This will be given in increments of $50,000 each year, beginning this year. Councilwoman Henley expressed appreciation to Glenn Croshaw for his co-operative efforts. He worked diligently in the City's behalf as a Member of the GAME COMMISSION. Councilwoman Henley also expressed appreciation to Jack Whitney, Chief of Comprehensive Planning, for his outstanding endeavors from the inception of this plan. He has written countless letters and made several trips to Richmond - 5 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL January 21, 1986 2:10 P.M. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Tuesday, January 21, 1986, at 2:10 P.M. Council Members Present: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech INVOCATION: Reverend Isaiah Samson, Jr. Iglesia Ni Christo Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 6 Item II-F.1 PRESENTATION ITEM 24817 Mr. Darrel Hughes, Chairman, LYNNRAVEN RIVER WATER QUALITY TASK FORCE presented their Report. Mr. Hughes had previously distributed this to City Council on December 16, 1985. Additional copies of same were distributed. Mr. Hughes reiterated his personal observations of the LYNNHAVEN RIVER. Through these personal observations, he determined the RIVER was in a worse state of deterioration than realized. Certain portions of this RIVER are merely "dumps". The LYNNHAVEN RIVER is of significant environmental and cultural importance to the City of Virginia Beach. In order to restore the enviornmental attributes of the LYNNHAVEN to their former state, a number of issues have been identified which must be given consideration if this goal is to be realized. They include: The Character of the Lynnhaven Connection to Other Watersheds Shellfish Harvesting Drainage Water Quality Association with the Chesapeake Bay Program Growth and Development Public Awareness and Education Cultural Appreciation Ecology Recreational Boating Data Base Maintenance The primary damage to the RIVER had to do with the development of Interstate 44. Mr. Hughes recommended increasing the "flushing action". A copy of the REPORT OF THE LYNNHAVEN RIVEP WATER QUALITY TASK FORCE is hereby made a part of the record. Mr. Hughes list of fourteen (14) possible recommendations is hereby made a part of the record. The most important concerns are a study should be development relative Sediment Traps. The second item of importance would entail an "infra-red" study on the septic tank system. The population needs to be aware of this serious problem. As a BY-PRODUCT, we could create a public awareness and education program. Mr. Hughes further noted a LYNNHAVEN SEAFOOD FEST is being planned hopefully as an annual event to endorse an awareness of the LYNNHAVEN RIVER. Mr. Hughes expressed appreciation to Jack Whitney, Chief of Comprehensive Planning, who was instrumental in the preparation of this REPORT. Dr. E. Spencer Wise, spoke concerning this REPORT and believed there should be a greater contribution into this REPORT by other groups. 7 Item II-G.1 MINUTES ITEM # 24818 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council APPROVED the Minutes of January 13, 1986, with the EXCEPTION OF ITEM 1 24791, APPROVAL of which will be DEFERRED until the City Council Meeting of January 27, 1986: Item II-J. 1 - Page 17 - ITEM 0 24791 ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF HOLLY AVENUE IN THE PETITION OF SOUTH BAY. Councilwoman Henley expressed concern relative Condition 1: 1. Resubdivision of the property to incorporate the closed area into the adjoining parcel to avoid the creation of a nonconforming lot. Construction shall be limited to 2-story structures within the 25-foot parce . A VERBATIM will be supplied to Members of City Council concerning this item. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech 8 Item II-H.1 PLANNING ITEM 24819 Richard Browner represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED the application of HARRY S. AND JKAN W. ROGERS for a Variance to Section 4.4(b) of the Subdivision Ordinauce, which requires that lot dimensions conform to the Comprehensive Zoning Ordinance on property located at 5613 Normandy Avenue (Kempsville Borough). Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Harry S. and Jean W. Rogers. Property is located at 5613 Normandy Avenue. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The minimum rear yard setback shall be thirty (30) feet. 2. No living trees shall be removed from the rear or south 30 feet of the property or within a 15-foot strip along the entire eastern property line. 3. Relocation of the easement of the Driveway to the rear lot shall be specified on the Plat. 4. The Site Plan must show a positive drainage. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-first day of January, Nineteen Hundred and Eighty-six. Voting: 6-3 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan Council Members Voting Nay: Barbara M. Henley, Robert G. Jones and Meyera E. Oberndorf Council Members Abstaining: J. Henry McCoy, Jr., D.D.S. Council Members Absent: Nancy A. Creech Januar 21 1986 8a HARVEY S. ROGV-RS and JEAN W. ROGERS, husband and wife, TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 2nd day of January, 1986, by and between HARVEY S. ROGERS and JFAN W. ROGERS, husband and wife, collectively Grantor, party of the first part, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part, W I T N E S S E T H: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Kempsville Borough of the City of Virginia Beach, containing approximately 2.2 acres and being the same property conveyed to Grantors herein by deed of correction and confirmation from Custer L. Spiers, et ux, dated December 17, 1963, and recorded in the office of the Clerk of the Circuit court of the City of virginia Beach, virginia, in Deed Book 819, at Page 223, to which reference is made for a more particular description, said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has filed an application by petition addressed to the Grantee requesting a subdivision variance to permit the re-subdivision of the property into three (3) lots; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including various residential and commercial purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of Uy. CROMWELL, BETZ residential uses conflict and that in order to permit differing & LUSTIG, P.C. types of uses on and in the area of the Property and at the same tim.-- to recognize the effects of change and the need for recreational facilities and open space in the area, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicab'@e to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proferred, in writing, in advance of and prior to the public hearing before tbe Grantee, as a part of the proposed subdivision variance with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said subdivision variance relative and applicable to the Property, which has a reasonable relation to the requested variance; NOW, THEREFORE, the Grantor, for themselves, their successors, personal representatives, assigns, grantees, and oth er successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for the subdivision variance, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The minimum rear yard setback shall be thirty C30 feet. 2. No living trees shall be removed from the rear or Uy, CROMWELL, BETZ & LUSTIG, P.C. south thirty (30) feet of the Property, or within a fifteen (15) 3trip along the entire Eastern property line. 3. Access to the rear lot shall be clearly designated on the recorded plat. 4. Notes 1,2, and 3 above will be affixed to the recorded plat. - 2 The above conditions, having been proferred by th e Grantor and allowed and accepted by the Grantee as part of the subdivision variance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the zoning ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance until specifically repealed. The conditions, however, @ may be repealed, amended, or varied by written instrument recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with saia instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. All references hereinabove to the R-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning ordinance and Subdivision Ordinance of the City of virginia Beach, Virginia, in force as of the 2nd day of January, 1986, which are by this reference incorporated herein. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of virginia Beach, Virginia, to administer and enforce tbe foregoing conditions and Uy, CROMWELL, BETZ restrictions, including tbe authority (a) to order, in writing, & LUSTIG. P.C. tbat any noncompliance with such conditions be remedied, and (b) 3 to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the subdivision variance for the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. The foregoing conditions and restrictions may also be enforced by any person residing in a nearby neighborhood or by any civic leagues representing any nearby neighborhoods, which civic leagues shall be deemed to be persons with standing to sue with respect to any legal action brought to entorce the foregoing conditions and restrictions. WITNESS the following signatures and seals: (SEAL) S. ROCORS GUY, CROMWELL, BETZ (SEAL) & LUSTIG, P.C, JEAN W. ROGERS 61 4 STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, 'i wi t. I, -/ XZ , a Notary Public in and for the City and State @aforesaid, do certify that Harvey S. Rogers and Jean W. Rogers, whose names are signed to the foregoing writing have acknowledged the same before me in my said City and State aforesaid. GIVEN under my hand this day of January, 1986. Nol My term of office expires Y, CROMWELL, BETZ & LUSTIG. P.C, misc. 5 9 Item II-I-1 RESOLUTIONS IT EM # 24820 Upon motion by Councilman Fentress, seconded by Councilman McCoy, CitY Council ADOPTED: Resolution AMENDING prior Resolution approving the issuance of Industrial Development REFUNDING Revneue Bonds for the George S. Hazzis Facility in the amount of $640,000.00. Voting: 9-1 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech January 21, 1986 qumMARY SHEET -9a - CITY OF VIRGINIA BEACII DEVELOPMENT AUTIIORITY INDUSTRIAL DEVELOPMETIT REVENUE BOt4D 1- PROJECT WAME- @-orge S. Hazzis Facility 2. LOCATION: 529 Viking Drive Virginia bracb, Virginia 3. DESCRIPTION OF PROJECI': acquiring, improving and equipping a manufacturing, warehouse, distribution, COMMU"iCaLionS, training and office facilit%- 4. AMOUNT OF BOND ISSUE: $640,000-00 (Refuniiiiq Ts@;ti(,) S. PRINCIPALS: George S. Hazzis, 3040 Lynndale Road, Virginia Beach, Virgini'a @74- 2 Ti@ewat@@ i @e Road, Virginia Beacti, Virginia 234'14 6. ZONING CLASSIFICATION: a. Present zoninq classification of the Property I-I b. Is rezoning proposed? Yes No X c- If so, to what zoning classification? Ex ti it, I t- FISCAL -THPACT STATEMFNT FOR PltOPC)@OED INDUSTRIHL REVENUE B014D rjt4rNCING DATE: TO: WE CITY COUNCIL OF VIRGINIA BFACfi, VIPCINIA PROJECT WAME: TYPE OF FACILITY: 1- Maximum Omount of financlng sought 64(),Ot)o.oo 2. Estlmated taxable value of the facility's real property to be constructed In the municipality $ 1,425,000.00 3. Estimated real property tax per year 05ing present tax rates $ 11 4n(). 00 4. Estimated personal property tax per year using present tax rates $ 24 , 000. 00 Estimated merchants' CaPital (business license) tdX per year using present tax rates $ 12. 50o, on 6- Estimated dollar value per year of goods and services that will be Purchased locally $6,100,00c).Oo 7. Estimated number of regular employees on year round basis $ 3 94 8. Average annual salary per employee s 10,000. 00 The Information contained In this Statement Is based Eol,,]y on faCtS and estimates provided by the Applicant and the AuthortLy has made no Independent Investigation Lith repect thereto. City c)f Virginia Beach DeveloDment Authority 21 2 3 4 TARLIN FARM ML c WN CeOrge S. HazZiS Facility 529 Viking Dri,e Va- Beach, VA I!anufacturing, offic, - Warehowise raci,i ty RESOLUTION AMENDING PRIOP RESOLUTION APPROVING TTIE ISSUANCE OF INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS FOR THE GEORGE S. HAZZTS FACILITY WHEREAS, Pursuant to a Resolution adoptpd on Novemhr 18, 1985 (the Prior Resolution), the City Council (thf-, Co@.Iricil) of Virginia Beach, Virginia (the City) approved the issuanc, f the City of Virginia Beach Development Authority's (the Author- ity) Industrial Oevelopment Refunding Revenue Bond,, i,n an amount not to exceed $640,000.00 (the Refunding Bonds) to as- sist in the financing of the Applicant's acquisition, improve- ment and equipping of a manufacturing, warehousing, distribu- tion, wholesale, communication, training and office facility (the Facility) to be located at 529 Viking Drive in the City; and WHEREAS, the Facility to be acquired by the Applicant was originally constructed in part with the Authority's 1977 Industrial Development Revenue Bond (Furmanite America, Inc. Facility) in the original principal amount of $700,000.00 (tho Series 1977 13ond) and its 1978 Industrial Developmf--nt Reve-n@in Additional Bond (Furmanite America, Inc. Facility) in the oz7iQ- inal principal amount of $200,000.00 (the Series 1978 sond)7 and WHEREAS, at the time the Prior Resolution was adoptgl by the Council, it was represented to the Council that the Au- thority's Series 1978 Bond had been paid in full and that th@ Refunding Bonds to be issued for the benefit of the Applicant were to be used to refund the currently outstanding principal balance of the Authority's Series 1977 Bond; and WHEREAS, the holder of the Series 1977 Bond and tli@ Series 1978 Bond has subsequently discovered that the Series 1978 Bond has not been paid in full and that the amotint of t,',, R flinding Bonds approved by the Prior Resolution incl@i(ips t@,'? cLirrently outstanding principal balance of both the Seri@s 197@' Bon(I and the Series 1978 Bond; and WHEREAS, the Applicant has been advised by Council that he must obtain amended Resolutions from both the Authoritv an(i the Council which approve the Refunding of both the Seri-@ 1977 Bond and the Series 1978 Bond in order to properly comply witYi Section 103(k) of the Internal Revenue Code Of 1954, as amended (the Code); and WHEREAS, following a public hearing held on Jan@iary 14, 1986, the Authority adopted an Amended Resolution author- izing the issuance of its 1986 Industrial Development Refundinq Revenue Bond (George S. Tiazzis Facility) in the principal amount of $628,234.74 (the Series 1986 Bond), to be used to re- flind the principal amount due and owing under both thp- Sf'ri-es 1977 Bond and the Series 1978 Bond; and WHEREAS, the Authority has requested th-P, Council to amend its Prior Resolution to approve the issuance of the RP- funding Bonds in the amount of $628,234.74 to reftind the prin- ci,)al amount of both the Series 1977 Bond and the Series lq7s Bonds in order to comply with Section 103(k) of the Code; and WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia of 1950, as amended, a copy of the Authority's AmE.'n(3,,(l Resolution approving the issuance of the Refunding Bonds, sub- @ect to terms to be agreed upon, and a resonably detailed su,,.n- mary of the comments expressed at the Public Hearing, if 3ny, have been filed with the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CC)UNCIL @Dr THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council hereby amends its Resolution 30opted on November 18, 1985, to the extent necessary to approve th- issuance of the Refunding Bonds to refund the currently out- standing principal balance due and owing under both th@ Ajthnr- ity's Series 1977 -Rond and the Series 1978 Bond in order to hring the issuance of the Refunding Bonds into strict -2- compliance with the approval requirements of Section 103(k) or the Code. 2. Except as otherwise expressly amended herei.n, all other provisions of the Council's Resolution approving the issuance of Industrial Devplopment Revenue Refunding Bonds for the George S. Hazzis Facility adopted on November 18, 1995, shall remain in full force and effect and are hereby recon- firmed, ratified and approved in all respects, as are all acts or things heretofore done or performed by the officers of the Authority in conjunction with the issuance of the Authority's Series 1986 Industrial Development Refunding Revenue Bond (George S. Hazzis Facility) in the original principal amount ')f $628,234.74. 3. This Amended Resolution shall take effect imme- diately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on January 21 1986. -3- - 10 - Item II-I.2 RESOLUTIONS ITEM # 24821 Upon motion by Counciwoman Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED: Resolution of tbe City of Virginia Beach opposing a proposal to amend and reenact Section 15.1-466.1 and Section 58.1-3503 of the Code of Virginia and to amend Code of Virginia by ADDING a Section numbered 15.1-486.3. The City Clerk is directed to forward copies of this Resolution to the City's representatives in the General Assembly. Councilwoman Henley advised the Local Government Committee is expected to Amend Legislation regarding Mobile Homes in Agricultural Districts to exclude cities and towns; therefore, this would conform to the Council's Resolution. However, the Virginia Municipal League still intends to oppose the Bill. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech - 10a - A RESOLUTIOW OF THE CITY OF VIRGINIA BEACH OPPOSING A PROPOSAL TO AMEND AND REENACT i 15.1-466.1 AND 1 58.1-3503 OF THE CODE OF VIRGINIA AND TO AMEND CODE OF VIRGINIA BY ADDING A SECTION N M ERED 15.1-486.3 WHEREAS, the Local Government Conmittee has formed a subcommittee to study the feasibility and desirability of amending and reenacting SSSS 15.1-466.1 and 58.1-3503 of the Code of Virginia and amending the Code of Virginia by adding a section numbered 15.1-468.3 relating to the application of subdivision and zoning ordinances to mobile homes and the basis for valuing mobile homes for taxation; and WREREAS, some form of this legislation is expected to be considered in the General Assembly in 1986; and WHBREAS, such legislation would have an adverse effect on localities and local governing bodies by prohibiting the local governing body from properly implementing its city's development plan for the for the most desirable use of land for residential, recreational, agricultural and other purposes; and WHEREAS, the economic harm the proposed legislation, if adopted, would cause to existing property owners far exceeds any perceived benefit which would come from the placement of mobile homes in agricultural areas; and would adversely effect the aesthetic balance of existing neighborhoods; and WHEREAS, the rationale for the legislation is to provide decent, safe and affordable housing and the Virginia Beach City Council has made substantial progress towards the establishment of a mix of such affordable housing through zoning and other efforts. NOW, THEREFORE, BE IT RESOLVED: 1. That the Council of the City of Virginia Beach strongly opposes any legislation to amend SSSS 15.1-466.1 and 58.1-3503, and to enact SS 15.1-468.3. 2. That the City Council respectfully and strongly requests that the City's representatives in the General Assembly oppose any legislation which would prohibit cities with a population of over 50,000 from the location of mobile homes within the City. 3. The City Clerk is directed to forward copies of this Resolution to the City's representatives in the General Assembly. 4. The City Attorney is directed to present a certified copy of this Resolution to the members of the local government committee of the General Assembly of Virginia and the Virginia Municipal League Legislative Committee. Adopted by the Council of the City of Virginia Beach, Virginia on Januar Item II-J.1 ORDINANCES ITEM 24822 CONFLICT OF INTEREST The following spoke concerning the Ordinance requiring disclosure of information and other measures to define and identify situations which give rise to CONFLICT OF IT M ESTS: Rae H. LeSesne, represented the Council of Civic Organizations, and voiced support of the Ordinance submitted by the CODE OF ETHICS COMMITTEE, but noted his Organization had not ample time to review the City submission. Edward Brankston, a retired citizen, taxpayer and Member of the Citizens Action Coalition Walter Vargo, President of the Citizens Action Coalition, spoke in support of a stronger Conflict of Interest Law. Mr. Vargo referenced a petition containing 15,000 signatures in support of same. R. Dean Lee, Vice Chairman of Legislative Affairs, Hampton Roads Chamber of Commerce, requested action be DEFERRED until all interest groups have had an opportunity to study the proposed Ordinance. Mr. Lee read a letter from Daniel J. Arris, Chairman of the Board of Directors, Hampton Roads Chamber of Commerce, dated January 20, 1986. (Said letter is hereby made a part of the record). Russell I. Brown, a resident of 85th Steet and a former Member of the Montgomery County Ethics Commission, spoke in favor of the Code of Ethics Committee proposed Ordinance. A copy of his testimony is hereby made a part of the record. Tom Aiken, resident of Maryland Court represented himself, and requested immediate adoption of a CONFLICT OF INTEREST Ordinance. The MAYOR'S CODE OF ETHICS COMMITTEE responded to Council's inquires: Sheldon L. Corner Irvin A. Douglas Robert M. Galewski Robert G. Krebs Fred J. Noe. Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City Council DEFam: Ordinance requiring disclosure of information and other measures to define and identify situations which give rise to CONFLICT OF INTERESTS, or apparent conflict of interest, and unethical conduct on the part of public officials of the City of Virginia Beach, Virginia. This Ordinance was DEFERRED to enable the Mayor's Code of Ethics Conmittee to study for two weeks and refine; (2) to return to City Council, (3) a Committee of two members of City Council will review for one week and return to City Council, all being done within 30 days. Councilman Robert Jones requested his PROPOSAL FOR A CONFLICT OF INTEPEST ORDINANCE be reviewed with the others. A copy of same is hereby made a part of the record. Councilman Jennings read his prepared STATF.HENT OF CONCERNS relative this Ordinance and six (6) points of interest. - 12 - Item II-J.1 ORDINANCES ITEM # 24822 (Continued) CONFLICT OF INTEREST Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech January 21, 1986 - 13 - Item II-J.la ANNOUNCEMENT ITEM # 24822a Mayor Heischober ANNOUNCED Councilwoman Meyera Oberndorf would be ABSENT for the remainder of the Council Meeting due to a PUBLIC SPEAKING ENGAGEMENT. January 21 1986 - 14 - Item II-J.2 ORDINANCES IT-EM # 24823 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance to amend and reordain Section 33-6 of the Code of the City of Virginia Beach, Virginia, pertaining to sales conducted on or adjacent to the public right-of-way Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., and Meyera E. Oberndorf - 14a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-6 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO SALES CONDUCTED ON OR ADJACENT TO THE PUBLIC RIGHT-OF-WAY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-6 of the Code of the City oE Virginia Beach, Virginia, pertaining to sales conducted on or adjacent to the public right-of-way, is hereby amended and reordained as follows: Section 33-6. Sales conducted on or adjacent to the public right-of-way. For purposes of this section only, "sale or exchange" shall be defined as the advertising, displaying, offering or exchanging for value of the below-mentioned items. The sale or exchange of any item, including, but not limited to, any and all goods, wares, flowers, prepared or unprepared food or any other product by any person from any temporary structure including but not limited to any table or stand, or from any motor vehicle, trailer, cart, dray, wagon, pushcart or any hand or peddle-propelled vehicle shall be subject to the following regulations: (a) Sales conducted in the public right-of-way. (1) No such sale or exchange shall be made in any street or public right-of-way along any street for which the posted speed limit is greater than twenty-five (25) miles per hour, nor shall such sale or exchange be made in any street or public right-of-way within twenty-five feet (251) of any intersection. (2) No person conducting such sale or exchange in any street or public right-of-way may remain within any one block area for more that fifteen (15) minutes before moving to another block. Additionally, such sale or exchange may not be repeated in the same block within any eight (8) hour period. A block shall be understood to mean a section of a street between its intersection with two (2) adjoining streets, or a section of street five hundred feet (5001) in length, whichever is shorter. (3) The provisions of subsection (a) hereof shall not apply to such sales or exchanges conducted on the premises of the Virginia Beach Farmers Market or of any other commercial enterprise operated under franchise agreement or permit authorized by the city manager. (b) Sales conducted on private property adjacent to the public right-of-way. Persons conducting a sale or exchange of the type described in this section on private property, and persons allowing their private property to be used for such sales or exchanges, shall be subject to the following regulations: (1) No sale or exchange shall take place or be conducted, and no structure used for such sale or exchange shall be located, within fifty feet (501) of the closest edge of the nearest sidewalk pavement, or street pavement if there is no sidewalk, of any public right-of-way. (2) The person conducting the sale or exchange shall have obtained written permission to conduct such activity from the owner of the property involved, and shall have also obtained from such owner exclusive control over any area of the property, within the allowed area, sufficient to ensure that there is adequate space for the safe circulation of traffic, such area shall not be less than eight hundred (800) square feet. The person conducting the sale or exchange shall not allow any other activity to be conducted within this minimal eight hundred (800) square foot area. (3) Such sales or exchanges shall not be conducted on or from vacant lots. (4) Before any person may conduct such sale or exchange, such person must have provided to and have had approved by the department of permits and inspections a plat or site plan -2- identifying the location of the property on which the activity is to be conducted and showing the location of the structure from which the sale or exchange activity will occur, the area under the control of such person, and provisions for well-defined vehicular entrances and exits. Such plat or site plan shall be accompanied by a nonrefundable fee of twenty-five dollars ($25.00) for processing. After review and approval of such plat or site plan by the department of permits and inspections, application shall be made to the city manager or his designee for a permit to engage in the activities covered by this section, in accordance with this section and the approved plat or site plan. Such application shall state the name, address and telephone number of the person or persons conducting the activity, the days and hours of operation, and shall include evidence of the property owner's permission to so use the property, as required above, as well as a copy of the approved plat or site plan. A copy of the permit issued by the city manager or his designee as well as a copy of the approved plat or site plan and the written permission of the property owner shall be kept at the site of the activity. Such permit must be obtained before a business license for such activity may be issued, and shall be renewed annually prior to the renewal of any business license. (5) The requirements of subsection (b) hereof shall not apply to outdoor sales and exchanges which occur as an incidental part of the retail sales activity of a merchant regularly conducting business from a permanent building where such sales are conducted on the premises of the building and in close proximity to said building; nor shall they apply to the otherwise lawful sale of market produce and related items from the site on which they are grown; nor to garage sales in residential areas. (6) Nothing herein shall exempt any person conducting a sale or exchange of the type described herein from the -3- requirements of the comprehensive zoning ordinance or any other applicable provision of the law. (7) A person who obtains a permit pursuant to subsection (4) above shall be allowed one sign which shall be permanently attached to a motor vehicle and which shall not exceed ten (10) square feet in size. (c) Compliance. Every person who obtains a permit under the requirements of this section shall keep the permit, approved plat or site plan and written permission of the property owner in a convenient place and whenever requested to do so, shall exhibit the same to any police officer, agent of the commissioner of revenue or inspector for the department of permits and inspections. Violation of any of the requirements of this section shall constitute a Class 1 misdemeanor. The city manager or his designee shall revoke the permit issued to any person pursuant to subsection (b)(4) upon his conviction of violating any of the provisions of this section. Adopted this 21st day of January 198a6 by the Council of the City of Virginia Beach, Virginia. WEB/da 9/30/85 (F) APP'OV@, AS TO -Oi\iTE@'T", V-/, -4- - 15 - Item II-J.3 ORDINANCES ITEM # 24824 Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council ADOPTED: Ordinance to ADD Section 6-30 to the Code of the City of Virginia Beach, Virginia, pertaining to fishing from the beach. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., and Meyera E. Oberndorf Januar 21 1986 - 15a - AN ORDINANCE TO ADD SECTION 6-30 TO THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO FISHING FROM THE BEACH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-30 is hereby added to the Code of the City of Virginia Beach, Virginia, pertaining to fishing from the beach, and reads as follows: Section 6-30. Fishing from sand beaches of Virginia Beach Borough. It shall be unlawful to fish from the sand beaches south of 42nd Street in the borough of Virginia Beach between the hours of 10:00 a.m. and 5:00 p.m. from Memorial Day weekend through Labor Day weekend. Adopted this 21,,t day of January 1985c6 by the Council of the City of Virginia Beach, Virginia. WEB/da/rab 9/25/8 5 11/4/85 (B) - 16 - Item II-J.4 ORDINANCES ITEM # 24825 Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council ADOPTED: Ordinance to amend and reordain Section 6-4 of the Code of the City of Virginia Beach, Virginia, pertaining to sleeping ou the beach. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., and Meyera E. Oberndorf January 21, 1986 - 16a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-4 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO SLEEPING ON BEACH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-4 of the Code of the City of Virginia Beach, virginia, pertaining to sleeping on beach, is hereby amended and reordained as follows: Section 6-4. Sleeping on beach. It shall be unlawful for any person to sleep on any of the beaches within the city or to impede the operation of beach cleaning equipment between the hours of 8:00 p.m. and 8:00 a.m. Adopted this 21st day of January 198@ by the Council of the City of Virginia Beach, Virginia. WEB/da (F) 10/1/85 AP @i l' L PROVED AS TO C"@ - 17 - Item II-J.5 ORDINANCES ITEM # 24826 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance to amend and reordain Section 6-6 of the Code of the City of Virginia Beach, Virginia, pertaining to prohibited items on beaches and adjacent areas. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, LouiS R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., and Meyera E. Oberndorf i - 17a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-6 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO PROHIBITED ITEMS ON BEACHES AND ADJACENT AREAS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-6 of the Code of the City of Virginia Beach, Virginia, pertaining to prohibited items on beaches and adjacent areas, is hereby amended and reordained as follows: Section 6-6. Prohibited items on beaches and adjacent areas. It shall be unlawful for any person to take or carry or have in his possession upon the sand beaches or upon any parking area, public street or right-of-way adjacent to any of the sand beaches of the City, eroatan-BeaehT any glass container or any alcoholic beverage. shall-algply-only-en-weekertds-anel-iteii(4aysT Gitegapeake-BaYT-1-Y-ing-bet-ween-Whaler-Geart-on-tlte-east-and-Mleeft Adopted by the Council of the City of Virginia Beach, virginia on the 2i.tday of January,-, 198FDr. WEB/da 11/19/85 (A) - 18 - Item II-J.6. ORDINANCES ITEM # 24827 Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council DEFERRED for two weeks until the City Council Meeting of February 3, 1986: Ordinance to amend and reordain Section 7-57 of the Code of the Civof Virginia Beach, Virginia, pertaining to riding on the sidewalk. This application was DEFERRED for review by the City Attorney concerning definition of MOPED ROUTES. Councilman Fentress advised there are no existing bikepaths from Second to Eighth Street or Thirty-fifth to Thirty-eighth Street. From Second to Eighth, there is a very narrow space painted and much more narrow than the regular bikepaths. Bicycles do not stay in this part of the bikepath on the boardwalk. The City Attorney will address Council's concerns relative the liability to the City. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., and Meyera E. Oberndorf January 21, 1986 - 19 - Item II-J.7 ORDINANCES ITEM # 24828 Wade Kyle, Administator of Solid Waste, responded to City Council's inquiries. Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council ADOPTED, AS AMENDED* Ordinance to amend and reordain Sections 31-1, 31-14, 31-26, 31-27 and 31-28 of the Code of the City of Virginia Beach, Virginia, pertaining to solid waste. *On Page 4, Item (23), the words "..in the resort area" shall be replaced by the words "..in the Beach Borough...". On Page 4, Section (24), beginning with the words "Resort Area", shall be removed. All references to "Resort Area" in said Ordinance shall be replaced by "Beach Borough." Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Meyera E. Oberndorf Januar - 19a - AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 31-1, 31-14, 31-26, 31-27 AND 31-28 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO SOLID WASTE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 31-1, 31-14, 31-26, 31-27 and 31-28 of the Code of the City of Virginia Beach, Virginia, pertaining to solid waste, is hereby amended and reordained as follows: Section 31-1. Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: (1) "Building Materials" means any material such as lumber, brick, plaster, gutters or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures. (2) "Bulk container" means a metal container of not less than six (6) cubic yards nor larger than eight (8) cubic yards, made of water-tight construction with doors opening on two sides and top, and constructed so that it can be emptied mechanically by specially-equipped trucks. Containers shall be covered. Hereinafter, upon effective date of this section, all new bulk containers shall meet these specifications. (3) "Business Trash" means any waste accumulation of dust, paper and cardboard, excelsior, rags or other accumulations, other than garbage or household trash, which are usually attendant to the operation of stores, offices and similar businesses. (4) "City" means the City of Virginia Beach. (5) "Commercial Establishment" means any retail, restaurant, manufacturing, wholesale, institutional, religious, governmental or other nonresidential establishment at which garbage or trash may be generated. (6) "Detachable Container" means a unit varying in capacity between five cubic yards and 40 cubic yards which is used for collection, storing and transporting building materials, business trash, industrial waste, hazardous refuse, refuse or yard trash. The unit may or may not use an auxiliary stationary packing mechanism for compaction of materials into the container and may be of the open or enclosed variety. The distinguishing feature of the detachable container is that it is picked up by a specially-equipped truck and becomes an integral part of the truck for transporting the waste materials to the disposal site. (7) "Garbage" means the by-product of animal or vegetable foodstuffs resulting from the handling, preparation, cooking and consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which during or after decay, may serve as breeding or feeding material for insects or animals. (8) "Hazardous Refuse" means materials such as poison, acids, caustics, chemicals, infected materials, offal, fecal matter and explosives. (9) "Household Trash" means every waste accumulation of paper, sweepings, dust, rags, bottles, cans or other matter of any kind, other than garbage, which is usually attendant to housekeeping. (10) "Industrial Waste" means all waste, including solids, semi-solids, sludges, and liquids, created by factories, processing plants or other manufacturing enterprises. (11) "Litter" means garbage, refuse, waste materials or any other discarded, used, or unconsumed substance which is not handled as specified herein. (12) "Loading and Unloading Area" means any stream, river or lakeside or land dock, space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities and/or persons. -2- (13) "Multiple Residential Unit" means any duplex, apartment, group of apartments or condominium used for dwelling places of more than one family. (14) "Person" means any individual, firm, company, corporation or association. (15) "Portable Packing Unit" means a metal container not exceeding 4,500 pounds gross weight with four to six cubic yard capacity that contains a packinq mechanism and an internal or external power unit. (16) "Refuse" means solid waste accumulations consisting of garbage, household trash, yard trash and business trash as herein defined. (17) "Residential Refuse Receptacle" means a metal or plastic container for refuse, of substantial construction, with tight-fitting lids, and provided with wheels and/or handles sufficient for safe and convenient handling for collection at curbside. Such receptacles shall have a capacity of not more than thirty-two (32) gallons nor fifty (50) pounds total weight or ten (10) pounds empty weight, and shall be kept in serviceable condition at all times. Any receptacle which does not meet standards set by the City of Virginia Beach Department of Public Works shall be removed. Exceptions to these requirements may be made by the Director of Public Works. (18) "Single Residential Unit" means any dwelling place occupied by one family. (19) "Small Dead Animals" means dead cats, dogs, small household pets and other animals of similar size. (20) "Tree and Shrubbery Trimmings" means waste accumulation of tree branches, tree limbs, parts of trees, bushes, shrubbery and cuttings or clippings created as refuse in the case of trees or bushes. (21) "Yard Trash" means waste accumulations of lawn, grass or shrubbery cuttings or clippings and dry leaf rakings, free of dirt, rocks, large branches and bulky or noncombustible material. -3- (22) "Yard Trash Containers" means refuse receptacles as designated in 17-1.2(17). Plastic bags shall be closed by a tight sealing method of suitable type, such as drawstring, wire tie or knot. Containers shall be kept covered or closed at all times. (23) "Mobile Containers" means any containers for refuse provided by the city for use in the resort area, having a capacity of 85-90 gallons and equipped with wheels for mobility. Section 31-14. Screening of mobile containers in resort area. mobile containers provided by_the city and all privately- owned bulk refuse containers (dumpsters) in the borough of Virginia Beach shall be located in areas out of_public view. Any enclosure utilized for screening such containers shall be subject to approval by the director of public works and shall be located on private property unless an encroachment has been approved as set forth in section 33-113. Section 31-26. Receptacles generally. All refuse to be collected by the city shall be stored in proper receptacles between times of collection. These recepticles shall be metallic or plastic, with no more than thirty-two (32) gallons' capacity or fifty (50) pounds total weight. Any mobile container provided by the city shall not be filled to exceed two hundred (200) pounds total weight and all refuse therein must fit inside the container. Exceptions to these requirements may be made by the director of public works. Refuse may be placed in plastic or polyethylene bag which meet the standards set by the department of public works. Each receptacle shall have a tight-fitting cover and each bag shall be tightly secured. The cover of any receptacle shall be kept on at all times except when the receptacle is being filled, emptied or cleaned. Animal waste and ashes shall be wrapped separately from -4- other refuse in a manner to prevent spillage prior to placing the same in a receptacle. Section 31-27. Frequency of collection. (a) Garbage and household trash accumulated at residences shall be collected by the city one (1) time each week, except when otherwise designated by the director of public works. Oversized household trash, bulky items such as refrigerators, water heaters and washing machines shall be collected by the city one time each week at the curbside; provided that, the service of collecting these articles shall only be provided when a special order is placed by telephoning the bureau of refuse collection in advance. (b) Mobile containers provided by the city shall be collected seven (7) days per week May 1 through September 30, six (6) days per week (Monday through Saturday) April 1 through October 31, and four (4) days per week (Monday, Tuesday, Thursday and Friday) November 1 through March 31. (c) City reeuse collection service to commercial establishments shall be one (1) time each week, except when otherwise designated by the director of public works. The city will not collect bulky items from commercial establishments. Section 31-28. Points of collection. (a) Privately-owned refuse receptacles, the contents of which are to be collected by the city, shall be placed on the curb line of a city right-oe-way by 7:00 a.m. on the day of collection. All receptacles must be removed out of view of the public after collection on the day of collection. The director of public works shall designate those areas in the city in which curbside bins for holding ref6se receptacles are permitted beyond the front wall of a dwelling unit. (b) mobile containers provided by the city shall be placed on the curb line of a city right-of-way by 6:30 a.m. on the day of collection. Such containers shall be removed out of view of the public no more than two (2) hours after collection. -5- (c) The city will not make refuse collections on private property. Adopted on the 21 day of J 1986, by the Council of the City of Virginia Beach, virginia. WEB/da/rab 9/2 5/8 5 11/4/85 1/8/86 1/23/86 (F) - 20 - Item II-J.a. ANNOUNCEMENT ADD-ON ITEM # 24829 Mayor Heischober extended the City's Appreciation concerning the use of the Pavilion for the Wide World of Sports Boxing Matches. The City of Virginia Beach had international coverage for two hours on ABC, Channel 13. The City was able to accomplish this through the assistance of various contributors. The Mayor recognized Skip Hendrix as President of the Virginia Beach Hotel/Motel Association. This Association made a substantial contribution to the aforementioned cause. Their contribution was approximately $5,000. This two hours of television exposure was valued at $1/2 Million. - 21 - Item II-K CONSENT AGENDA ITEM # 24830 Upon motion by Councilrnan Baum, seconded by Councilman McCoy, City Council APPROVED in ONE MOTION Items 2, 5, 6, 7, 8 and 9. Items 1, 3 and 4 were voted upon separately. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, ti. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Meyera E. Oberndorf - 22 - Item II-K.1 CONSENT AGENDA ITEM # 24831 The following spoke in favor of the proposed Resolution: Skip Hendrix, represented the Virginia Beach Hotel/Motel Association and requested City Council evaluate the Mobile Vending activities very carefully after the first year. Robert Wigg, Local Vendor, reiterated the need for this Resolution. Upon motion by Councilman Fentress, seconded by Councilman Robert Jones, City Council ADPOTED: Resolution to authorize MOBILE VENDING activities and regulations; institute administrative procedures; and, develop a franchise at the Oceanfrout. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Abstaining: H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech and Meyera E. Oberndorf JanuarY 21, 1986 - 22a - R E S 0 L U T I 0 N WHEREAS, The City Manager has sent to the City Council the proposed regulations and Request For Proposal for the mobile vending at the oceanfront. These documents were drafted by the staff of the Resort Area Advisory Commission (RAAC) with the input and endorsement of RAAC Commissioners on December 18, 1985; and WHEREAS, the draft was reviewed by the various city agencies and their co=ents and suggestions were incorporated therein. WHEREAS, These regulations and proposals would allow City Council to authorize mobile vending at selected stub streets and plazas on a one season experimental basis; and are designed to contribute a festive orientative service to Boardwalk and beach users as proposed by the Urban Land Institute when it suggested that Virginia Beach "improve pedestrian walkways, connect with the Boardwalk wood kiosks with seating and mobile vending carts would be provided to achieve overlook rests that are both attractive and festive"; and WHEREAS, The proposed regulations and tight control through existing enforcement will provide the necessary safeguards to ensure the health, safety, and welfare of the public are protected. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH THAT: It authorizes the City Manager to promulgate tlie mobile vending regula- tions and to institute the administrative procedures contained therein; and It authorizes the City Attorney to develop a franchise agreement to be used by Council to authorize such mobile vending activities as they deem to be in the public interest; and It resolves that it will consider requests to operate mobile vending units to qualified applications in accordance with the regulations so promulgated. Adopted by the Council of the City of Virgiiiia Beach, Virgiiiia, on the 21st day of January, 1986. - 23 - Item II-K-2 CONSENT AGENDA ITEM # 24832 Upon motion by Councilman Baum, seconded by Councihnan McCoy, City Council ADOPTED: Resolution authorizing the enlargement of the nonconforming use and structure located at 5625 Virginia Beach Boulevard (property of John Killer and Katherine Miller, husband and wife) Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Meyera E. Oberndorf - 23a - RESOLUTION AUTHORIZING THE ENLARGEMENT OF THE NONCONFORMING USE AND STRUCTURE LOCATED AT 5625 VIRGINIA BEACH BOULEVARD (PROPERTY OF JOHN MILLER AND KATHERINE MILLER, HUSBAND AND WIFE) WHEREAS, John Miller and Katherine miller, husband and wife, desire to construct a 22.2 feet by 40 feet addition to their single-family residence located at 5625 Virginia Beach Boulevard, Virginia Beach, Virginia, shown as the cross-hatched area on that certain survey entitled "SITE PLAN OF LOT 128, SUBDIVISION OF FAIR MEADOWS BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA" (the "Survey"), a reduced copy of which is attached hereto and made a part hereof; and WHEREAS, the present use does not conform to the provisions of the Comprehensive Zoning ordinance because single-family residences are not allowed in the B-2, Community-Business District; and WHEREAS, pursuant to SS105(d) of the Comprehensive Zoning Ordinance, City Council may authorize the enlargement or extension of a nonconforming use if Council finds that the use as enlarged or extended is equally appropriate or more appropriate to the zoning district than is the existing nonconformity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds the enlargement or extension of the nonconforming use of the nonconforming single- family residence, located at 5625 Virginia Beach Boulevard, virginia Beach, Virginia, as shown on the Survey, is equally appropriate or more appropriate to the zoning district in which they are located than is the existing nonconformity; and the City Council hereby authorizes the enlargement or extension of the nonconforming use in the manner shown on the Survey, provided extension of the use complies with all building, site plan, and other requirements of the City of Virginia Beach. Adopted by the Council of the City ofaii@ Virginia, on the 21st day of January, 1986. RP/da 12/30/85 (3) oz. aaVA3inoo H I v 3 8 VI N I 9 ?J IA m C3110103C OZ- 3.5.-.Oo-.19S .00 S9 14, @oo .3,w-s OW.3H 39 @DOIG Z-0 09NOZ 13.1 0 zz L Z 1 3.10 31111 It .,s'. 03.oz 6zi 3 d - 24 - Item II-K.3 CONSENT AGENDA ITEM # 24833 The City Manager responded to City Council's concerns relative this Ordinance. The concept behind same was to consolidate facilities the City has along with the School Board from the Second Floor of the School Administration Office and to establish the utilization of existing City Personnel as well as the School Board's Personnel. This structure will attempt to reflect both the School Board's interest and the City. A third person with both management and technical ability will be hired. If disputes arise from either side, regarding the purchase of equipment or recommendations, this third person would possess the technical expertise. This Budget would be reviewed by botb the School Superintendent and the City Manager with ultimate disposition to the City Council. Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED: ordinance authorizing the City of Virginia Beach to enter into an agreement with the Virginia Beach School Board for the establishment of a Joint Cable Center and the creation of a Joint Cable Center Board to oversee operations of the Center. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Meyera E. Oberndorf - 24a - AN ORDINANCE AUTHORIZING THE CITY OF VIRGINIA BEACH TO ENTER INTO AN AGREEMENT WITH THE VIRGINA BEACH. SCHOOL BOARD FOR THE ESTABLISHMENT OF A JOINT CABLE CENTER AND THE CREATION OF A JOINT CABLE CENTER BOARD TO OVERSEE OPERATIONS OF THE CENTER WHEREAS, on May 17, 1976, Cox Cable Virginia Beach was granted a franchise to construct, operate, and maintain a cable television system within the City; and WHEREAS, under Section 7 (Services) of the franchise agreement, Cox Cable Virginia Beach is required to provide one (1) education access channel (Channel 28) and one (1) local government access channel (Channel 29); and WHEREAS, the School Board and the City have determined that it would be in the best interests of the School Board, the City and the community at large to coordinate their efforts in the operation of the two channels by a consolidation of funds, equipment and personnel; and WHEREAS, the School Board and the City have further determined that such a coordination and consolidation could most effectively be accomplished by the establishment of a Joint Cable Center and that the oversight of same should be vested in a joint board. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to the authority granted in Section 15.1-21 of the Code of Virginia, as amended, the City Council of the City of Virginia Beach, Virginia hereby authorizes the City to enter into an agreement with the School Board for the establishment of a Joint Cable Center and for the creation of a Joint Cable Center Board to oversee the operations of same. Adopted this 21st day of January 1986. RMB/ld JOINT CABLE CENTER JOINT CABLE CENTER BOARD THIS AGREEMENT, entered into this -- day of 1986, by and between the CITY OF VIRGINIA BEACH and the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, as Political subdivisions of the Commonwealth of Virginia. W I T N E S S E T H That for, and in consideration of, the mutual covenants contained herein, and for other good and valuable consideration, the City of Virginia Beach and the School Board of th, City of Virginia Beach, pursuant to the authority granted in SS 15.1-21 of the Code of Virginia, as amended, do hereby agree to jcintly undertake the establishment and operation of a JOINT CA:3LE CENTER and the creation of a JOINT CABLE CENTER BOARD for the Furposes, and in accordance with the terms and conditions, set for@.-.h below: 1. os@s. a. This agreement is designed to facilitate management of the "education access" channel (Channel 28) and the "local government accessl- channel (Channel 29) provided to the aforementioned parties by Cox Cable Virginia Beach pursuant to Section 7 of the cable franchise agreement granted to Cox Cabl, Virginia Beach by the CitY of Virginia Beach on May 17, 1976. b. Said facilitation of manaqement shall be accomplished by the consolidation of funding and personnel, and the coordination of physical resources to establish a JOINT CABLE CENTER. C. This agreement further creates a JOINT CABLE CENTER BOARD as a separate entity to oversee operations of the JOINT CABLE CENTER. The cOmPOSition, duties, responsibilities and authority of the "Board" shall be as set forth herein. 2. erm of agreement. a. This agreement shall become effecti,e immediately upon its approval by both the City Mallager and the superintendent of Schools and shall terminate autc-matically on May 17, 1991, unless otherwise extended by mutual written agreement of the parties hereto. b. This agreement may be terminated at any time prior to its natural termination by mutual written agreement of the parties hereto. 3. UPon termination of this agreement, either naturally or by mutual writt,-@.n agreement of the parties hereto, all property held by the Center shall be disposed of as follows: -2- a. Property purchased or contributed solely by the CitY Of Virginia Beach shall revert back to the City. b. Property purchased or contributed solely by the School Board shall revert back to the School Board. C. Property purchased or contributed by bc)th parties shall be disposed of: (i) By sale, as authori,ed by the Board, with proceeds being distributed according to a party's pro rata share Of the original Purchase or contribution, or (ii) By Purchase from the Center by either party upon payment to the other party of its pro rata share of th, original purchase or contribution. d. Any disputes regarding disposition of Center property shall be submitted to the Board, whose decision shall be final and binding. 4. Nature of agreement. The legal relationship between the parties hereto created by this agreement shall, for the purposes of this agreement, be a "joint vf-.nture". 5. Joint Cable Center Board. a. Composition. The Board shall be composed of (3) three members; the Director of Public Information for the City @'of Virginia Beach, the Director of Community Relations for the -3- School Board, and a third person, not an employee of either Party to this agreement, who shall be appointed by the City Manager and the Superintendent of Schools and who shall serve as Chairperson to the Board. b. Meetings. (i) The Board shall meet periodically but not less than once a month to discuss matters referred to it by the Center Manager, the Superintendent of Public Schools, and/or the City Manager. (ii) Attendance by all members of the Board shall be required before the Board can conduct business. C. Duties. It shall be the responsibility of the i3oard to: (i) Resolve issues that the Center Manager is ;unable to settle. (ii) Establish general policy, rules, and ;procedures regarding the use of the facilities, equipment, and ipersonnel which are a part of the Joint Cable Center. (iii) Hire and administer the position of the Center Manager. (iv) Submit an annual report to the iSuperintendent of Public Schools and the City Manager regarding the operation of the Center. -4- (v) Recommend the annual budget of the Center to the City Manager and the Superintendent of Public Schools for funding. (vi) Request additional budgetary funding as may be needed to maintain the ongoing development of the Center, and (vii) Resolve all matters regarding Center personnel which cannot be settled by the Center Manager. 6. Joint Cable Center Manager. a. Hiring process. (i) The Board shall cause the position of "Joint Cable Center Manager" to be advertised. The Director of Public Information and the Director of Community Relations shall then accept and review applications for the position, and shall interview no less than three (3) applicants that they deilermine to be the most qualified (unless fewer than three applicants apply). After the interview phase of the hiring process, the Board shall hire the candidate who it deems in its discretion, to be the most qualified. b. Duties of Center Manager. It shall be the duty of the manager to: (i) Insure the efficient utilization of Center facilities, equipment, and personnel while meeting the production needs of the respective Coordinators and producers. (ii) Insure that Center facilities, equipment, and personnel are available for the periods of time requested and -5- that all equipment is in good working order when needed. (All facilities, equipment and necessary personnel shall be available during all requiar City and School work days. The Center Manager shall coordinate with other Center personnel to insure that sufficient support staff is available on those days which are holidays for one party but not for the other.) (iii) Maintain the City's and Schools' portable equipment in good working order. (iv) Provide access to facilities and equipment during non-working hours as needed. (v) Insure that all Center facilities are in good condition to facilitate ease of use. (vi) Insure efficient and effective broadcast management of Channels 28 and 29. (vii) Provide for necessary training to insure that any personnel other than those of the City and S'chool cable units are adequately qualified prior to their use of loaned Center equipment and facilities. (viii) Hire all Cable Center personnel other than those initially transferred from the City and Schools. (ix) Such other duties as shall be del, -ermined by !,the Board. 7. Center Personnel. All School and City ernployees ,@l'transferred" to the Center and all personnel (including the -6- Center Manager) hired by the center shall be covered under th, City pay plan, and shall be covered under the policies and Procedures of merit service. 8. General policies reqarding use of center. General Policies governinq the use of all Joint Cable Center facilities and equipment sha-11 be developed by the Center Manager and approved by the Board. 9. Joint budget preparation and approval. a. Initial budget. The initial budget shall be prepared by the Board, with assistance from respective staff 'members. The steps following the construction of the original budget are the same as with subsequent annual budgets as described below. b. Annual budget. The annual budget shall be prepared according to the following guidelines: (i) The Center Manager shall prepare the annual budget, with input from Center personnel, and shall submit it to the Board for review and approval. (ii) The Board shall review the budget and, following any changes it has recommended to the Center Manager, shall, upon approval of the budget, submit it to the City manager and Superintendent of Schools for review and approval. -7- (iii) The budget shall then be forwa,d,d to City Council for final aPProval and adoption. 10- L'a l@lity. Any liability of this joint undertaking shall be divided equally beween the participating Parties and all settlements or judgments in satisfaction of such liability shall ,be shared equally by the participants. Notice of all claims shall be promptly given to both participants. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers. CITY OF VIRGINIA BEACH y Man ATTEST: C3. y Clerk SCHOOL BOARD Su erinf ndent o School7s 'ATTEST: lerk I the School Board APPROVED AS TO FORM: ;@RMB/jmh 01/06/86 (48.31 Agreement) -8- - 25 - Item II-K.4 CONSENT AGENDA ITEM # 24834 Roger Melick, Realtor with William E. Wood Associat,s, represented Mrs. Elmer Tolle Mrs. Elmer Tolle, owner, spoke in opposition to the Ordinance to authorize acquisition of property in fee simple for right-of-way for Elbow Road extended. Mrs. Tolle advised her 100 year-old trees would be destroyed if this road does go through. Mrs. Tolle requested by a slight adjustment to the road, some of her residual to the north might be saved. Donald Trueblood, Chief Engineer, also responded to City Council's inquiries. The City Council had previously approved a MASTER STREET AND HIGHWAY PLAN with an extension of Elbow Road through Salem Road across Princess Anne Park to tie into Landstown Road. The City administratively denied a preliminary subdivision for a 3.81345 acre parcel on Salem Road as a result of the Master Street and Highway Plan. Upon motion by Councilman McCoy, seconded by Councilman Robert Jones, City Council DEFERRED for t,,o weeks until the City Council Meeting of February 3, 1986: Ordinance to authorize acquisition of property in fee simple for right-of-way for Elbow Road extended (Elmer Tolle Subdivision) and the acquisition of temporary and permanent easements of right-of-way either by agreement or by condemnation. As of today, this Road is not in the five-year Capital Improvement Program. This Ordinance was DEFERRED to enable Traffic Engineering to determine whether the Road could be directed toward the North and located closer to the property line to save the trees. Voting: 9-0 Council Members Voting Aye: John A. Baumf Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Meyera E. Oberndorf *Verbal Aye - 26 - Item II-K-5 CONSM AGENDA ITEM # 24835 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and discontinuing a portion of Silverleaf Drive in the petition of the City of Virginia Beach as per the following: Application of the City of Virginia Beach for the discontinuance, closure and abandoriment of a portion of Silverleaf Drive located at the Southwest Intersection of Silverleaf Drive and Holland Road. Said parcel contains 26,221 square feet. Plats with more detailed information are available in the Department of Planning (Kempsville Borough) Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Meyera E. Oberndorf 26a - AN ORDINANCE CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS SILVERLEAF DRIVE, AS SHOWN ON THAT CERTAIN PLAT ENTITLED 'PLAT SHOWING A PORTION OF .SILVERLEAF DRIVE (FORMERLY HOLLAND ROAD RELOCATED) TO BE CLOSED FOR TERRY CORPORATION OF VIRGINIA KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY ATTORNEY, MUNICIPAL CENTER, VIRGINIA BEACH, VIRGINIA WHEREAS, it appearing that the City has advertised this proposed street closure by advertising the same in the virginia Beach Sun News, on and - ; and WHEREAS, it is the judgment of the Council and Viewers that closure and discontinuance of the below-described street will not result in any public inconvenience, upon the completion by the applicant of the conditions imposed by City Council, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the hereinafter described street be discontinued, closed, and vacated, which portion is more particularly described as follows: That certain portion of Silverleaf Drive beginning at a point 348.36' distance from the intersection of Silverleaf Drive and Independence Boulevard and from said point of beginning continuing along an arc with a radius of 307.04 feet, a distance of 184.81 feet to a point, thence along an arc with a radius of 137 feet, a distance of 37.33 feet to a point, thence along an arc with a radius of 1,080 feet, a distance of 137.89 feet to a point, thence S 46'011541 East, a distance of 319.80 feet to a point, thence continuing along an arc witha radius of 1,000 feet, a distance of 549.50 feet in a westerly direction to the point of beginning as shown on that certain plat entitled "PLAT SHOWING A PORTION OF SILVERLEAF DRIVE (FORMERLY HOLLAND ROAD RELOCATED) TO BE CLOSED FOR TERRY CORPORATION OF VIRGINIA KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA.- 2 That a certified copy of this Ordinance and attached plat shall be filed in the records books of the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach, Virginia, as grantor. 3. This Ordinance shall become effective sixty (60) days from the date of its' adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1985. RJN/da 2/27/85 (23) APPROVED: May 13, 1985 FINAL APPROVAL - January 21, 1986 May 13, 1985 - 27 - Item II-K-6 CONSENT AGENDA ITEM # 24836 Upon motion by Councilman Baum, seconded by Councibnan McCoy, City Council APPROVED: FY 1986-1987 OPERATING BUDGET SCHEDULE April I Special Session of City Council for presentation April 1-16 City Council's review April 17 Budget Workshop - Conference Room 4:00 - 7:00 PM April 24 Budget Workshop - Conference Room 4:00 - 7:00 PM April 29 PUBLIC HEARING - Pavilion 7:00 PM May 8 Budget Reconciliation Workshop Conference Room - 4:00 - 7:00 PM May 12 PUBLIC HEARING and FIRST READING of Appropriation Ordinance Council Chambers May 15 SECOND READING of Appropriation Ordinarice Council Chambers - 2:00 PM Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, R. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Votiig Nay: None Council Members Absent: Nancy A. Creech and Meyera E. Oberndorf January 21, 1986 - 28 - Item II-K-7 CONSENT AGENDA ITEM # 24837 Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City Council APPROVED: RAFFLE PERMIT: Virginia Easter Seal Society Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Meyera E. Oberndorf - 29 - Item 11-K-8 CONSENT AGENDA ITEM # 24838 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $1,659.80 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, J. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Meyera E. Oberndorf ORM NO, C.A. 7 - 29a - 1/9/86 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE iT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid Wafat Properties 86 RE(1/2) 101708-8 10/29/85 44.34 Thomas W & Margaret Godfrey 86 RE(1/2) 36892-2 12/5/85 30.00 Dorothy L W Traweek 86 RE(1/2) 99100-8 12/5/85 20.00 Stanley E Oliver 86 RE(1/2) 74021-7 12/5/85 49.04 DorTnan M & Mary Lou Williams 86 RE(1/2) 105875-6 12/27/85 24.20 E L Hudson Inc 86 RE(1/2) 46409-7 12/30/85 .67 E L Hudson Inc 86 RE(]/2) 46410-4 12/30/85 28.90 E L Hudson Inc 86 RE(]/2) 46424-0 12/30/85 41.36 E L Hudson Inc 86 RE(1/2) 46426-6 12/30/85 10.75 E L Hudson Inc 86 RE(1/2) 46427-5 12/30/85 10.38 E L Hudson Inc 86 RE(1/2) 46428-4 12/30/85 10.42 E L Hudson Inc 86 RE(]/2) 46417-7 12/30/85 76.16 E L Hudson Inc 8F, RE(1/2) 46422-0 12/30/85 10.53 E L Hudson Inc 66 RE(1/2) 46423-9 12/30/85 26.93 E L Hudson Inc 86 RE(1/2) 46420-2 12/30/85 121.20 E L Hudson Inc 06 RF(1/2) 46421-1 12/30/85 10.53 E L Hudson Inc 86 RC7(1/2) 46@25-7 12/30/85 10.40 Ottie D & Juanita Grimstead 86 RE(1/2) 38934-3 11/26/85 22.00 Beach Partners 86 RE(1/2) 33305-0 12/5/85 495.19 Collateral Investiflent Co 85 RE(2/2) 83837-3 12/5/84 62.38 Kenneth L Seay Inc 85 RE(1/2) 65102-8 9/11/85 43.20 Kenneth L Seay Inc 85 RE(2/2) 65102-8 9/11/85 41.28 Johnnie R Flowers Jr 85 pp 53583-1 46896 5/28/85 30.00 Amel Partners 85 pp 179099-0 46940 12/4/85 268.92 Paul C Hubbard 85 pp 77442-1 46924 6/5/85 25.74 John J Baradell 85 pp 8209-9 46954 6/5/85 140.28 Larry R Ezzell 86 Dog V19087 12/10/85 5.00 Total 1,659.80 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Certified as to payment; were approved by the Council of the City of Virginia Beach on the--2@tday of .1986 John T. Atkinson, Treasurer@ Approved as t Ruth Hodges Smith City Clerk Ciiy A@torney - 30 - Item II-K-9 CONSENT AGENDA ITEM # 24839 Upon motion by Councilman Baum, seconded by Councilmari McCoy, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $3,165.45 upon application of certain persons and upon certification of the Commissioner of Revenue for payment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, J. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Meyera E. Oberndorf I FORM NO. C.A. a - 30a - 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 L icense Date Base Penalty Int. Total Year Paid Papadropoulos, Dimitrios T/A Jimmy's Pizza 4600 Player Lane Va. Beach, VA 23462 1984/85 Audit 388.44 Wess Petroleuip. Corp. c/o Gary B. Allison, Atty. at Law 1092 Laskin Rd., Suite 112 Va. Beach, VA 23451 1984 Audit 393.25 393.25 Certified as to Payment: ert P. Vauqhan Commissioner of Revenue@- Approved as to form: J. Date Bimson This ordinance shall be effective from date of City Attorney adoption. The above abatement(s) totaling $781. 69 were approved by the Council of the City of Virginia Beach on the 21st day of a@-al@-- 13,96 Ruth Hodges Smit h City Clerk FORM No. C.A. 8 - 30b - 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 foliowing applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME L icense Date Base Penalty Int. Total Year Paid Business Forriis Pssociates, Inc. T/A Business Forms Assoc. P. 0. Box 1028 Chesapeake, VA 23320 1984/85 Audit 159.51 159.51 Fire Brand Emergency Vehicles 5004 Virginia Beach Blvd. Va. Beacli, VA 23462 1984/85 Audit 1,281.45 1,2Rl.A5 Mercury Finance Co. of Va., Inc. 5441 Va. Beach Blvd., S-110 --ch, VA 23462 1985 Audit 942.80 9A2.80 Certified as to Payment: Xh2C("XI&M Robert Commissioner of Revenue- Approv@d as to f This ordinance shall b@ ffective from date of adoption. The above abatement(s) totaling 2,383.71 were approved by the Council of the City of Virginia Beach on the 21,5t day of --j@@ua@_ , lgq6 Ruth Hodges Smith City Clerk - 31 - Item II-K.A ADD-ON ITEM # 24840 The City Clerk requested letter of January 16, 1986, to City Council, be made a part of the record. This letter indicated the front page of the recently ADOPTED Basic Pay Plan Ordinance, No. 1568 (Amend and Reordain Chapter 2, Article II, Division 2 of the City Code), was INCORRECT. The correct front page was forwarded to City Council and will be made a part of the proceedings of December 9, 1985. ,IanuarY 21, 1986 - 32 - Item II-L.1 UNFINISHED BUSINESS ITEM # 24841 OCEANFRONT VISITOR AND TRAVEL CENTER The City Manager introduced Jack Whitney, Chief of Comprehensive Planning, who reiterated additional information requested by Council concerning the OCEANFRONT VISITOR AND TRAVEL CENTER. The following was requested by the City Council on December 16, 1985: 1. The status, justification and priority of various municipal building projects which are affected by this transit project or can be developed in conjunction with "Option C" as proposed by TTDC. These buildings entail a Health Department Building, a Second Precinct Building, a Fire Station/Emergency Medical Services Building, and Renovations to the Dome. Two of those four projects are in the current CIP. the Health Department Building was Priority No. 6 after 12 Building Projects scheduled for construction in 1989-90. The Second Precinct Building was prioritized as Number 8 out of 12 Projects with funding in the years 1991 through 1993. The Fire Station/Emergency Medical Services Building and the Dome Renovation are considered to be needed projects but were not funded in the current CIP. The total amount involved is approximately $8 MILLION. Same would be possible under OPTION Cto enter into a financial arrangement with TRT whereby those projects could be financed using the Bonding Authority of the Tidewater Transportation Commission and paid for by the City on an annual lease-back arrangement to be determined. 2. A cost estimate for the Dome Improvements which are necessary without this project. This information is provided in the Memorandum of January 15, 1985, from the Office of Analysis and Evaluation. (Same is hereby made a part of the record). 3. Cost data for Options A and B. These costs, prepared by Parsons, Brinckerhoff, Inc. are as follows: "Option A: (1985 dollars) Demolition $ 45,000 Infrastructure $ 335,000 Hardscape/Landscape $ 500,000 Total $ 880,000 "Option B" (1985 dollars) Demolition $ 280,000 Relocate Dome $ 200,000 Infrastructure $ 550,000 Hardscape/Landscape $1,620,000 Total $2,605,000 4. The net impact on currently available parking spaces. Parsons Brinckerhoff, Inc. was requested to evaluate the effect of the project on parking. The results of their analysis are contained in the letter of January 7, 1986, from Arnold Rosenberg, Area Office Manager of Parsons, Brinckerhoff, Quade & Douglas, Inc., to Jayne Crowder, Planning Engineer, Tidewater Transportation Commission. Said letter is hereby made a part of the record. - 33 - Item II-L.1 UNFINISHED BUSINESS ITEM # 24841 (Continued) OCEANFRONT VISITOR AND TRAVEL CENTER 5. A description of those uses and activities presently accommodated at the Dome. The Memorandum of January 8, 1986, from James B. Ricketts, Department of Economic Development, provides a discussion of those activities. (Said memo is hereby made a part of the record.). Mr. Whitney advised Jim Echols, Executive Director of the Tidewaer Regional Transit Authority; Jayne Crowder, Planning Engineer of the Tidewater Transportation District Commission; Arnold Rosenberg, Engineer, Parsons, Brinckerhoff Quade & Douglas, Inc. and his assistant; as well as William Holland from the Department of Economic Development were in attendance to respond to Council's inquiries. The following registered their Opposition: Timothy Barrow, Chairman of the Resort Area Advisory Commission. Michael Barrett, Assistant City Manager, read Mr. Barrow's opposition and noted for the record: He was not speaking for himself only reflecting the opinions of the Resort Area Advisory Commission. The RACC would @ithdraw its objections, if its suggestions were incorporated into the plan. Skip Hendrix, President of the Virginia Beach Hotel/Motel Association Cary Karageorge, Owner of the Holiday Sands Motor Inn R. W. Chaplain, Owner of Kona-Kai Motor Inn Russell W. Chaplain, Jr., represented the Kona-Kai William Chaplain, repesented the Kona-Kai BY CONSENSUS, City Council SCHEDULED THE OCEANFRONT VISITOR AND TRAVEL CENTEP, for the City Council Meeting of January 27, 1986. January2l,1986 - 34 - Item II-M.1 NEW BUSINESS ITEM # 24842 The City Manager introduced Robert Esenberg, Director of the Risk Management Division, concerning the City's 1986-1987 Insurance Program. Mr. Esenberg depicted his presentation with a series of graphs: AUTOMOBILE LIABILITY - rates and premiums. In 1977 and 1978 a higher insurance market was in existence. Beginning in 1979, insurance companies began underwriting for cash flow. Rates thus begin to drop dramatically. The City's rates went from $272 to $319 in 1978 and then suddenly dropped to $145. The City's insurance program matured. In Fiscal 1984, the City was only paying $44 per car, which has increased to $49 per car. MARCH RENEWALS - The Staff is predicting that the rates will rise to approximately $190. Same is based on detail discussions with brokers and other Risk Managers. If this continues, by March, 1987, the cost will rise to $280 per vehicle. The Staff believes the rates will rise to approximately $405,000 for the entire City's Fleet in 1987. CO@ENSIVE GENERAL LIABILITY - A very similar type of curve exists there. The chart depicted a composite rate of 84cts per $100 in 1977 and rose to 95cts and then dropped to 25cts. A low of 7.9cts existed in 1984. This is increasing to 28cts and ultimately to 37cts. The insurance companies are instilling more restrictions to coverage. If there is not a softening of the market, the Staff is projecting approximately $345,000 in General Liability. PUBLIC OFFICIALS LIABILITY - This is an errors and omissions coverage. This entails all elected and appointed officials, employees as well as volunteers who have an errors and omissions exposure. These rates did not drop as rapidly. Rates are expected to rise. There is an erosion of immunities and there is an unwillingness of insurance companies to underwrite this type of business. FIRE PROPERTY RATES - Rates dropped from 18-1/2cts to 2.4cts per $100 of the value of City buildings. The Staff is expecting this to rise to approximately 18-1/2cts. WORKMAN'S COMPENSATION - The City is self-insured up to the first $200,000 per occurence. These rates are very similar to the other- areas. Approximately less than 1% of the total City Budget is expended on the Total Insurance Program including loses. It is estimated that this figure will possibly exceed 2% in FY 1986-87. - 35 - Item II-M.2 NEW BUSINESS ITEM # 24843 ADD-ON Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council named Vice Mayor McClanan and Councilman Louis R. Jones as their representatives to the Auditor Selection Committee. Voting: 9-0 * Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Meyera E. Oberndorf *Verbal Vote January 21, 1986 - 36- Item II-N.1 ADJOURNMENT ITEM # 24844 Upon motion by Councilman McCoy and BY ACCLAMATION, City Council ADJOURNED the meeting at 8:10 P.M. Beverly'O. Hooks Chief Deputy City Clerk R@th HodgeErSmith, CMC City Clerk City of Virginia Beach Virginia