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OCTOBER 6, 1986 City c:>r Vi1~gir~iEl L3ec~cl~ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. JONES, At Large \ ICE MAYOR MEYERA E. OBERNOORF, At Large ALBERT W. BALKO, Lynnhaven &rough ]< mN A. BAUM, Blackwater Borough ROBERT E. FENTRESS, Virginia Beach Borough flAROW HEISCHOBER, At Large HARBARA M. HENLEY, Pungo Borough REBA S. McCLANAN, Princess Anne Borough JOHN D. MOSS, Kempsville Borough !\'ANCY K. PARKER, At Large JOHN L. PERR~', BaYSlde Borough RUTH HODGES SMITH, CMC, City Clerk CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4303 October 6, 1986 VIRGINIA BEACH CITY COUNCIL ITEM 1. INFORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Conference Room - 12:30PM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. CONCERNS OF CITY COUNCIL D. CITY MANAGER'S INFORMAL BRIEFING 1. CAPITAL IMPROVEMENT PROJECTS - Additional Comments By Staff E. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00PM A. INVOCATION: Reverend Iris Slocombe Eastern Shore Chapel B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. MINUTES 1. Approval of City Council Minutes: a. INFORMAL & FORMAL SESSIONS: September 29, 1986 F. PRESENTATION 1. HONORARY CITIZEN - PATRICIA CARMEL HART 2. VIRGINIA BEACH CRIME SOLVERS G. PUBLIC HEARING 1. CAPITAL IMPROVEMENT PROJECTS 1986-1991 2. BUDGETARY INCREASES PROPOSED FOR FY 1986-87 3 . PLANNING a. Ordinance for the discontinuance, closure and abandonment of portion of Baltic Avenue in the petition of William 1. Freed (Virginia Beach Borough). DEFERRED by City Council on August 4, 1986. Recommendation: TWO WEEK EXTENSION FOR COMPLIANCE b. Ordinance for the discontinuance, closure and abandonment of portions of Jade Street and Cape Henry Drive in the petition of Jade Street Associates (Lynnhaven Borough). DEFERRED by City Council on January 13, February 18, March 24, and April 7, 1986. Recommendation: DENY OR EXTEND FOR COMPLIANCE c. RECONSIDERATION OF VOTE: Application of Elsie M. Judge for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions conform to the Comprehensive Zoning Ordinance located at the southwest intersection of Lauderdale Avenue and Morton Road (Bayside Borough). Motion to approve on September 29, 1986, lost to TIE VOTE. d. Ordinances to AMEND Comprehensive Zoning Ordinance: 1. Article 1, Section 111 BILLBOARDS-Definitions; 2. Article 2, Section 216 BILLBOARDS-Location; 3. Article 2, Section 237 BILLBOARDS-Conditional Use Permits; 4. Article 9, Section 9ll(c) BILLBOARDS-Use Regulations; 5. Article 10, Section 100l(c) BILLBOARDS-Unimproved Property (500 square feet); 6. Article 10, Section lOll(c) BILLBOARDS-Unimproved Property (600 square feet); 7. Article 10, Section 1014 BILLBOARDS-Sign Regulations. Recommendation: APPROVAL H. ORDINANCES 1. Ordinance to AMEND and REORDAIN Section 2-230 of Code of the City of Virginia Beach, Virginia, pertaining to penalty charge for BAD CHECKS. 2. Ordinance upon FIRST READING to appropriate funds in the amount of $2,450,000 for property required for the construction of a second bridge over RUDEE INLET. 3. Ordinance upon FIRST READING to adopt the FY 1986-87/FY 1990-91 CAPITAL IMPROVEMENT PROGRAM and to appropriate $154,659,205 for the FY 1986-87 Capital Budget subject to funds being provided from various sources. I. 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. Ordinance upon SECOND READING to accept and appropriate $59,000 from the U.S. Department of Housing and Urban Development for the Rental Rehabilitation Program. 2. Ordinance upon SECOND READING to accept an amended entitlement grant from the U. S. Department of Housing and Urban Development and to appropriate additional funds of $367,000 for the Community Development Twelfth Program Year. 3. Ordinance upon FIRST READING to appropriate $11,705,613 for Fiscal Year 1987 for the payment of Purchase Orders brought forward from Fiscal Year 1986. 4. Ordinances upon FIRST READING to appropriate a total of $19,018,408 for School Board Grants and Enterprise Funds: a. Textbook Rental Fund Budget - $2,588,040 b. Special Categorical Grants for School Year 1986-87 - $7,381,908 c. School Cafeteria Enterprise Fund Budget - $9,048,460 5. Ordinance to authorize a temporary encroachment into a portion of City property known as Lake Joyce to Dallas V. Norman, Sr. and Charlotte G. Norman, their heirs, assigns and successors in title. 6. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Ferrell Parkway to Charles C. Hickman, his heirs, assigns and successors in title. 7. LOW BID to Higgerson-Buchanan, Incorporated, in the amount of $882,242 for the installation of a box culvert under Indian River Road at Lynnhaven Parkway at the terminus of the Indian Lakes retention system, improvements to the downstream channel, and associated road work. 8. Certificate of Public Convenience and Necessity: a. Grand Limousines 9. Raffle Permit: a. Women's Club of Chesapeake Beach 10. Ordinance authorizing tax refunds in the amount of $5,204.01. 11. Ordinance authorizing license refunds in the amount of $1,658.15. J. APPOINTMENTS 1. VIRGINIA BEACH ARTS CENTER - Board of Trustees/Executive Committee 2. VIRGINIA BEACH BOND REFERENDA COMMITTEES 3. TIDEWATER TRANSPORTATION DISTRICT COMMISSION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT - 9 - Item II-E.1.a MINUTES ITEM # 26166 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council AMENDED the MINUTES of October 6, 1986: Vice Mayor McClanan advised the following change: Page J, ITEM # 26119, CONCERNS OF CITY COUNCIL On Paragraph 1, line 4, reflected by Councilwoman correctly changed to Ordinance II : the word II Charter II as Nancy Parker should be IIComprehensive Zoning II. . . . whenever a significant change in the 01.6.1 tei" Comprehensive Zoning Ordinance is discussed.1I Voting: 10-0 Council Members Voting Aye: Albert Harold Jones, Parker W. Balko, John A. Heischober, Barbara Reba S. McClanan, and John L. Perry Baum, Robert E. Fentress, M. Henley, Mayor Robert G. John D. Moss, Nancy K. Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 6, 1986 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, October 6, 1986 at 12:30 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 2 - MATTERS BY THE MAYOR CITY AND STATE MAGAZINE ITEM # 26117 The Mayor referenced an article cocnerning a survey of the top fifty cities appearing in the the Magazine "City and State". The City of Virginia Beach was depicted as the forty-fourth largest city in the Nation. Virginia Beach has the lowest unemployment rate among the fifty largest cities and ranks ninth in job growth and twelfth in per-capita income. The City Council oversees the twelfth largest budget of any City in the Country. MAYOR'S REPORT ITEM # 26117a Mayor Jones distributed his third monthly report of "The Work of City Council for September 1986". BOND REFERENDUM ITEM # 26118 The Mayor advised he and the Vice Mayor had been working with volunteers in the private sector for support of the BOND REFERENDUM. The Mayor further referenced BUMPER STICKERS promoting the BOND REFERENDUM which were paid for by Virginia Beach Partners, Inc. The aformentioned corporation was developed by the Mayor (personally through his law practice). - 3 - CON C ERN S 0 F C I T Y C 0 U N C I L COUNCIL COMMITTEE ITEM # 26119 Councilwoman Parker referenced the status of the Council Commitee composed of Councilwoman Henley, McClanan and herself with a coordinating Committee composed of three Members of the Planning Commission whenever a significant change in the Charter is discussed. The Mayor advised he will confer with Thomas Ammons, Chairman of the Planning Commission, to appoint three members of the Planning Commission who will meet with the "lIMP Committee". BOARD OF ZONING APPEALS ITEM # 26120 Councilman Balko referenced a Variance of considerable magnitude involving an application to come before the Board of Zoning Appeals concerning the reduction in number of parking spaces. The Mayor advised instead of just an Agenda, Council Members receive copies of the Minutes of the Board of Zoning Appeals, as well. Councilman Moss believed City Council might wish to examine same more closely. Councilwoman McClanan advised the present Board of Zoning Appeals is most responsive and would be interested in City Council's comments. - 4 - INFORMAL SESSION BRIEFING CAPITAL IMPROVEMENT PROJECTS October 6, 1986 The City Manger distributed a chronological of events cocerning the Air Conditioning situation in the City Schools. FY 1984-1985 was the first time AIR CONDITIONING proj ects appeared in the CAPITAL IMPROVEMENT PRORGRAM of which fourteen (14) schools were identified for a total amount of $5,107,227. After the defeat of the Bond Referendum, an Interim Capital Improvement Program was produced and all five of the projects were removed as unfunded. In the FY 1985-86 CAPITAL IMRPOVEMENT PROGRAM, twenty-three (23) schools were identified for a total of $8,113,000. In the FY 1986-87 CAPITAL IMPROVEMENT PROGRAM, the number of schools was reduced to nineteen (19) for a total funding of $8,113,000. The Staff's recommendation to Council was same not be funded in the CIP but funds would be returned each year following determination of the ending balance. The amount of funds to be returned this year would be $664,782. This figure would entail $1,572,000 having been returned to the City and identified for the Salem High School project. The City Manager also distributed responses to questions concering the CAPITAL IMRPOVEMENT PROGRAM reiterated at the September 24, 1986, Council Workshop. (Said responses are hereby made a part of the record). City Council inquired as to why renovations to schools would not include air conditioning. Councilman Moss inquired as to whether there was an item in the School Board's OPERATING BUDGET which could be DEFERRED in favor of air conditioning the schools. The City Staff will confer with the School Board Administration relative Council's concerns. - 5 - ITEM # 26121 Mayor Jones entertained a motion to permit City Council EXECUTIVE SESSION pursuant to Section 2.1-344, Code amended, for the following purposes: to conduct its of Virginia, as 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consulta tion with legal counselor 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 Moss, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 6 - FOR MAL S E S S ION VIRGINIA BEACH CITY COUNCIL October 6, 1986 2:10 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, October 6, 1986, at 2:10 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend Iris Slocombe Eastern Shore Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 7 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA ITEM # 26122 BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. Item II-D. 1 CONSENT AGENDA ITEM # 26123 Councilman Perry referenced an Ordinance upon SECOND READING to accept an amended entitlement grant from the U.S. Department of Housing and Urban Development and to apropriate additional funds of $367,000 for the Community Development Twelfth Program Year. (See Item 11-1.2 of the Consent Agenda). The item will be pulled for a separate vote. Item II-D.2 CONSENT AGENDA ITEM # 26124 Vice Mayor Oberndorf referenced an Ordinance to authorize a temporary encroachment into a portion of the City property known a Lake Joyce to Dallas V. Norman Sr., and Charlotte G. Norman, their heirs, assigns and successors in title. (See Item 11-1.5 of the Consent Agenda). Vice Mayor Oberndorf had been contacted by residents of the neighborhood concerning this item. This item will be pulled for a separate vote. Item II-D.3. PUBLIC HEARING/ CAPITAL IMPROVEMENT PROJECTS 1986-1991 ITEM # 26125 Vice Mayor Oberndorf advised of her sponsorship of Mrs. Alice G. Walter concerning petitions containing 1,501 names relative the purchase of the property by the City of Virginia Beach at 24th Street and Oceanfront and the Post Office property across the street - 8 - Item II-E.1.a MINUTES ITEM # 26126 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council APPROVED the City Council MINUTES of September 29, 1986. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 9 - Item II-F. 1 PRESENTATION ITEM # 26127 Mayor Jones conferred the title of HONORARY CITIZEN to: PATRICIA CARMEL HART Pa tricia Hart was accompanied by Priscella Bee be, President of ZONTA and Beverly Lassen, Director with ZONTA. Patricia Hart is a citizen of Ballarat, Australia and a member of their ZONTA Club. She has been active in her Club to provide respirators for children, water wells for the people of Sri Lanka, participated in the "Scented Gardens for the Disabled" and has been actively participating in providing the Outreach Program for battered wives and Children as well as assisting in the food drive for the needy. - 10 - Item II-F. 2. ITEM # 26128 PRESENTATION Captain Danny Michaels, Chairman of the VIRGINIA BEACH CRIME SOLVERS Board of Directors, advised VIRGINIA BEACH CRIME SOLVERS productivity at the Seventh Annual Crime Stoppers Awards Banquet in Edmonton, Alberta, Canada. was a top winner in Intenational Conference Since establishment of the VIRGINIA BEACH CRIME SOLVERS in May, 1982, approximately $75,000 in rewards have been granted $1.8 MILLION in property and narcotics has been recovered and over 1,241 individuals have been arrested. Captain Danny Michaels presented the AWARD PLAQUE to Mayor Robert Jones who, in turn, presented same to Major McCloud, who represented Police Chief Charles Wall, who was elected to the International Board of Directors. Crime Solver Coordinators: Detective's Jim McKinney, Michael Derwent and Jim Barnes were in attendance also to receive the award. Captain Michaels also presented the Mayor and each Member of Council with a pin denoting them as Honorary Crime Solvers. - 11 - Item II-G. PUBLIC HEARING ITEM # 2.6129 Mayor Jones DECLARED a PUBLIC HEARING: CAPITAL IMPROVEMENT PROJECTS 1986-1991 The following spoke concerning the PROPOSED CAPITAL IMPROVEMENT PROGRAM Fiscal Year 1986-87/1990-91: The following supported Recreation (Community) Centers in Bayside and Great Neck: Dr. E. T. Buchanan, Dean of Tidewater Community College Garland Payne, Chairman of Parks and Recreation Skip Wilkins, resident of the Great Neck Area Dr. Carol Knight, resident of the College Park section of Kemspville Deane Williams, represented the Baylake Pines Civic League Rae H. LeSesne, President of the Council of Civic Organizations The following supported all Capital Improvements on behalf of the City's TARGET Neighborhoods be included in the City's Captial Improvement Program:. John E. Boon, Director of the Virginia Beach Community Development Corporation distributed a position Statement (Said statement is hereby made a part of the record). Ernest L. Benson, Pesident of the Queen City Civic League Sadye R. Shaw, Newsome Farms Civic League and Member of the Citizens Advisory Council The following spoke in support of air-conditioning the City's Schools: Robert E. Smartschan, concerned parent of two children in Kingston Elementary School Stephen Kurz, represented the various Civic Leagues and self Karen Washburn, represented parents of Alanton Elementary School children Rob Jones, President of the Virginia Beach Education Association. (Copy of Rob Jones remarks are hereby made a part of the record). Lou Pace, represented the Hunt Club Forest Civic Association, referenced page 12 and page 13 of the CIP concerning the Farmers Market Junior High School site acquisition at a cost of $1,400,000 for a 30-acre site, as well as page 20 concerning allocation of $535,000 for site acquisition for a 15-acre elementary school on London Bridge Road. Mr. Pace also spoke in support of the Recreation (Community) Centers and the Number 1 Priority should be the installation of water and sewers in the City's Target Areas. Ronald D. Morrison, Real tor, represented himself and referenced the Baxter Fly-over and the need for golf courses. David Winiker, represented the citizens of Larkspur, and spoke concerning the South Plaza Trail Extension and requested same be assigned a Project Number and the cost estimate for same be re-examined. The following presented a petition containing 1,501 names relative the purchase of the property by the City of Virginia Beach at 24th Street and Oceanfront and the Post Office property across the street: John G. Hodgson, resident of Alanton, and Director of Virginia Beach Maritime Museum Alice G. Walter, resident of Atlantic Avenue and Director of Virginia Beach Maritime Museum. - 12 - Item II-G. PUBLIC HEARING ITEM # 26129 (Continued) The City Manger advised upon review of this year's CAPITAL IMPROVMENT PROGRAM, there are only 19 Schools identified in need of Air Conditioning. One of the recommendations made in the ClP was any balance funds returned by the Schools to the City each year following an amount to be derived from ending balances that would be placed in the City's escrow fund for bonded debt would be returned back to the School Board for Air Conditioning. In this fiscal year approixmately $1.5 MILLION was obtained by the School Board and same was requested to be utilized for Salem High School, and in addition $664,782 in funds are to be returned to the School Board for air conditioning in accordance with this policy. The City Manager further advised as the CAPITAL IMPROVEMENT PROGRAM was expanded from five to ten years, the City Council received a great many more proj ects than it had received in past years and all seemed to have a higher priority. The City Staff will confer with the School Board Administration concerning their priorities relative school projects which could be delayed and these funds subsequently made available for air conditioning. There being no further speakers, the Mayor CLOSED the PUBLIC HEARING. I ill - 13 - Item II-G.2 PUBLIC HEARING ITEM # 26130 Mayor Jones DECLARED A PUBLIC HEARING: BUDGETARY INCREASES PROPOSED FOR FY 1986-87. There being no further speakers, the Mayor CLOSED the PUBLIC HEARING. - 14 - Item II-G.3 PUBLIC HEARING PLANNING ITEM # 26131 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING ITEMS a. WILLIAM L. FREED STREET CLOSURE b. JADE STREET ASSOCIATES STREET CLOSURE c. ELSIE M. JUDGE VARIANCE d. BILLBOARDS AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE I - 15 - Item II-G.3.a PUBLIC HEARING PLANNING ITEM # 26132 Attorney Robert Cromwell represented the applicant Upon motion by Councilwoman Parker, seconded by Councilman Fentress, City Council DEFERRED FINAL APROVAL until the City Council Meeting of October 20, 1986, of an Ordinance for the discontinuance, closure and abandoment of a portion of Baltic Avenue in the petition of WILLIAM L. FREED. Application of William L. Freed for the discontinuance, closure and abandonment of portions of Baltic Avenue. Baltic Avenue: Beginning of Arctic Avenue and direction a distance of BOROUGH. at a point 450 feet west running in a westerly 209 feet. VIRGINIA BEACH Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 16 - Item II-G.3.b PUBLIC HEARING PLANNING ITEM # 26133 Assistant City Attorney Kevin Cosgrove advised of a telephone call on Friday, October 5, 1986, received from Attorney David A. Miller who represented the applicant, advising his clients had instructed him not to appear to oppose DENIAL and were aware the conditions imposed previously had not been satisfied. Upon motion by Councilman Balko, seconded by Viuce Mayor Oberndorf, City Council DENIED an Ordinance for the discontinuance, closure and abandonment of portions of Jade Street and Cape Henry Drive in the petition of JADE STREET ASSOCIATES. Aplication of Jade Street Associates for the discontinuance, clsoure and abandonment of portions of Jade Street and Cape Henry Drive as follows: Jade Street: Beginning at the northern boundary of Cape Henry Drive and running in a northerly direction a distance of 168.52 feet along the eastern boundary. Cape Henry Drive: Beginning at the southern boundary of Jade Street and running in a southerly direction a distance of 25 feet. Said parcels are 60 feet in width and contain 11,415.6 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 17 - Item II-G. 1 . c PUBLIC HEARING PLANNING ITEM # 26134 Attorney Robert Cromwell represented the applicant and distributed a copy of an Ordinance ADOPTED by the City Council on November 22, 1971, showing the property was 50 feet by 95.5 feet. However, after recent appraisals, between converging lines, the property was depicted as 35 feet on one end and approximately 32 feet on the other. OPPOSITION: Marie W. Wood, adjacent resident, spoke concerning parking problems in this vicinity and the lot being to small upon which to build. Mary Jo Griffith, resident of Lauderdale, advised Elsie Judge owned Lots 16, 17 and the west side of 18. Curtis Hall Estates owns Lots 23, 22, 21, 19 and 'half of 18 and 20. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council APPROVED: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Elsie M. Judge. Parcel is located at the southwest intersection of Lauderdale Avenue and Morton Road. Plats with more detailed information are available in the Department of Planning. BAYS IDE BOROUGH. The following condition shall be required: 1. Only a single-family dwelling shall be built on this site. Voting: 7-4 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan and John L. Perry Council Members Voting Nay: Albert W. Balko, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None - 18 - Item II-G.3.d. PUBLIC HEARING PLANNING ITEM # 26135 The following spoke in support of the proposed BILLBOARD Ordinances: Laura Zambardi, Vice President of Adams Outdoor Advertising, formerly Creative Displays, advised approximately $250,000 of labor per year is subcontracted and the principals in Adams Outdoor Advertising own property in Virginia Beach appraised at approximately $200,000. The Mayor advised of a letter from Mrs. Lillian Devenny, Board Chariman of VIRGINIANS OPPOSING DRUNK DRIVING, in support of said Billboard Ordinances and in appreciation of Adams Outdoor Advertising/Creative Displays program against Drunk Driving. Adams Outdoor Advertising/Creative Displays donated 100 posters. Said letter and Mrs. DeVenny's testimony concerning "Lifting the Ban on Fourteen (14) Hajor Streets in the City of Virginia Beach" is hereby made a part of the record. Sumpter Priddy, President of the Virginia Retail Herchants Association Ken Hill, Subcontractor with Adams Outdoor Advertising/Creative Displays, and advised this was his entire livelihood Phil Lomax, President and Vice Manager of Adams Outdoor Advertising, formerly Creative Displays, recognized his employees in the audience The following spoke against BILLBOARDS: E. T. Buchanan, Jr., Chairman of the Virginia Beach Committee, advised of their position not to authorize any and to purchase the boards in existance; if necessary, authority. Tomorrow Steering further billboards obtain Legislative Robert Stanton, President of Goodman-Segar-Hogan, advised he was in favor of the present Ordinances B. H. Bridges, Jr., Chairman of the Virginia Beach Tomorrow Community Aesthetics Committee, requested any further Billboards be BANNED and existing Billboards shall be taxed at least $5,000 per message. Timothy E. Barrow, Chairman of the RESORT AREA ADVISORY COMMISSION, requested proposed Ordinances be rejected, Billboards be limited to usual visually congested commercial corridors and prohibiting all bilboards on all other existing and new streets and highways in Virginia Beach. Rae LaSesne, President of the Council of Civic Organizations Victoria Matheny, President of the Virginia Beach Beautification Commission, distributed a survery containing the number of billboards and products advertised on seven of Virginia Beach Roads. (Said Survey is hereby made a part of the record). Sandra Tainter, Member of the Red Mill Farms Civic Association and the Courthouse Sandbridge Coalition of Civic Leagues. Betty Wells, represented the Red Mill Farms Civic Association Jeannette Willenbrink, Executive Member of the Council of Garden Clubs and Member of the Virginia Beach Beautification Commission John Ferguson, Member Hunt Club Forrest Civic Association, waived his right to speak and noted his concurrance with the previous speakers. Nancy Richards, resident of Virginia Beach for twenty years Johnnie Miller, President of the Council of Garden Clubs Lou Pace, represented himself, advised of his agreement with the previous speakars and referenced safety concerning the proliferation of billboards Bob Stiffler, resident of Shorehaven Court Fred Summs, represented owner and developer Jahn Summs who was unable to attend Elizabeth Ann Brown, First Vice President - Council of Garden Clubs - 19 - Item II-G.J.d. PUBLIC HEARING PLANNING ITEM # 261J5 (Continued) Kay McNett, Director of the Sign Control Project of the Southern Enviornmental Law Center in Charlottesville, Virginia, advised the revision of the Billboard Ordinances was actually a "policy" change. Mrs. McNett advised it would not be illegal to specify certain streets in said Ordinances. Councilwoman McClanan referenced her preference of Recommendation I concerning AMENDMENTS to the Comprehensive Zoning Ordinance relative Article 1, Section 111 BILLBOARDS - Definitions. Councilwoman McClanan further referenced Article 2, Section 216 BILLBOARDS - Location and mentioned paragraph (e) and (f). Councilwoman McClanan requested these sections be reinserted into the Ordinance and several streets be added to the list in section (f) as streets designated as having special sign restrictions. (Said list of streets is hereby made a part of the record). The last part of Section 2J7 BILLBOARDS - Conditional Use Permits concerning highways, streets and roadways deemed to warrant close scrutiny could thus be removed. Upon motion by Counciman Baum, seconded by Councilman Heischober, City Council ADOPTED Recommendation I: Ordinance to Amend and Reordain Article I of the Comprehensive Zoning Ordinance of the Code of the City of Virginia Beach, Virgina, by Adding to Section 111 a Definition of BILLBOARD. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: Barbara M. Henley and Vice Mayor Meyera E. Oberndorf Council Members Absent: None j ~ '::"~)4"'_ ~.." " AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING TO SECTION 111 A DEFINITION OF BILLBOARD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of the Comprehensive Zoning Ordinance of the Code of the City of Virginia Beach, Virginia, pertaining to billboards, is hereby amended to read as follows: Section 111. Definitions. A sign, as defined in this zoning code, Billboards. including the supporting sign structure, which advertises or directs the attention of the general public to an establishment, business or service and which is located on a separate site from the establishment, business or service which the billboard advertises. This definition shall not be interpreted so as to regulate the content of the message on the billboard, unless the content of the message is legally obscene or otherwise legally prohibited. This Ordinance shall become effective on the date of its adoption. Adopted this 6 day of October , 1985, by the City of Virginia Beach, Virginia. KJCjda 10/17/85 10/28/85 10/31/85 (F) APPROVED AS TO CONTENT ~TUR' h_-,_&~_1; l~''i/, Dcl~R T MH-fi . ''1-, :-)'~,~, rF:'...., ~. ~ TtJ<'''' 1l"~ '. ,.'..~.....;. ...."". G-":.";) if,.;! li"wnM /;:;;) -'...- ._._~~-- SIGN/lURE C:ITY A TTO:~;-~EY - 20 - Item II-G.3.d. PUBLIC HEARING PLANNING ITEM # 26135 (Continued) A MOTION was made by Councilman Baum, seconeed by Councilwoman McClanan to ADOPT an Ordinance to Amend and Reordain Article 2, Section 216, of the Comprehensi ve Zoning Ordinance of the Code of the City of Virginia Beach, Virginia, pertaining to BILLBOARDS, AS AMENDED* and to DENY Ordinances to AMEND the Comprehensive Zoning Ordinance concerning Article 2, Section 237 BILLBOARDS - Conditional Use Permits; Article 9, Section 911(c) BILLBOARDS- Use Regulations; Article 10, Section 1001 (c) BILLBOARDS - Unimproved Property (500 square feet); Article 10, Section 1011(c) BILLBOARDS Unimproved Property (600 square feet); Article 10, Section 1014 BILLBOARDS - Sign Regulations. A MOTION was made by Councilman Moss to construct the Ordinance so as to BAN all future BILLBOARDS in the City. Upon advice of the City Attorney's Office, this MOTION was WITHDRAWN. Upon motion by Councilman Baum, seconded by Councilwoman McClanan, City Council ADOPTED AS AMENDED*: Ordinance to Amend and Reordain Article 2, Section 216, of the Comprehensive Zoning Ordinance of the Code of the City of Virginia Beach, Virginia, pertaining to BILLBOARDS. *"or apartment zoning" shall be added under section (b), line 7 after the word "residential" and before the word "district". AND DENIED: Ordinance to Amend and Reordain Article 2 of the Comprehensive Zoning Ordinance of the Code of the City of Virginia Beach, Virginia, by adding Section 237 pertaining to BILLBOARDS Ordinance to Amend and Reordain Section 911(c) of the Comprehensi ve Zoning Ordinance of the Code of the City of Virginia Beach, Virginia, pertaining to CONDITIONAL USES AND STRUCTURES. Ordinance to Amend and Reordian Article 10, Section 1001(c) (8) of the Comprehensive Zoning Ordinance of the Code of the City of Virginia Beach, Virginia, pertaining to CONDITIONAL USES AND STRUCTURES. Ordinance to Amend and Reordain Article 10, Section 1011(C) by adding Subparagrah (8) to the Comprehensive Zoning Ordinance of the Code of the Ci ty of Virginia Beach, Virginia, pertaining to BILLBOARDS. Ordinance to Amend and Reordain Article 10, Section 1014 of the Comprehensive Zoning Ordinance of the Code of the City of Virginia Beach, Virginia, pertaining to SIGN REGULATIONS. - 21 - Item II-G.3.d PUBLIC HEARING PLANNING ITEM # 26135 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None A Commmittee composed of Councilwoman McClanan and Councilman Moss will review said Ordinances and make further recommendations to City Council to be subsequently forwarded to the Planning Commission for review. I, III AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 216 (b) OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO BILLBOARDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 216 (b) of the Comprehensive Zoning Ordinance of the Code of the City of Virginia Beach, virginia, pertaining to billboards, is hereby amended to read as follows: Section 216 (b). Outdoor advertising structures, billboards, signboards and poster panels. (b) No billboard, poster panel or signboard shall be closer than fifty (50) feet to any property line nor located closer than six hundred sixty (660) feet to the right-of-way line of any interstate or expressway designated by city council, nor closer than twenty-five (25) feet of the right-of-way of any other street. However, no billboard shall be located within two hundred (200) feet of any established residential or apartment zoning district. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of October , 1986. kjc/da 10/17/85 10/18/85 10/21/85 (\word\proposed 216b-czo.ord) i III - 22 - Item II-H. 1 . ORDINANCES ITEM # 26136 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2-230 of Code of the City of Virginia Beach, Virginia, pertaining to penalty charge for BAD CHECKS. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John D. Moss Council Members Absent: None Councilman Moss requested the methodology utilized in determining the penalty charge for BAD CHECKS. i, I Requested by Treasurer Authorized by State Code Sec. 15.1-29.4. AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-230 OF CITY CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PENALTY CHARGE FOR BAD CHECKS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-230 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: The city treasurer is hereby authorized and required to impose a penalty charge of ~efi-aeiiarB-t$ie.eet fifteen dollars ($15.00) for any bad checks submitted for payment of any taxes, levies or fees due to the city. Adopted by the Council of the City of Virginia Beach, Virginia on October 6, 1986 , 1986. GLF/lmt 08/14/86 - 23 - Item II-H.2 ORDINANCES ITEM # 26137 Timothy Barrow, Chairman of the Resort Area Advisory Commission, expresed concerns relative the cost entailed in said Ordinance. Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED upon FIRST READING: Ordinance to appropriate funds in the amount of $2,450,000 for property required for the construction of a second bridge over RUDEE INLET. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None i ::'~ .. ~-" ~. .'" .~ '~.'!"~I.." ~ I " ,. ~. '.-' , ,,~.. >J i', : AN ORDINANCE TO APPROPRIATE FUNDS FOR PROPERTY REQUIRED FOR THE CONSTRUCTION OF A SECOND BRIDGE OVER RUDEE INLET '". ~'~/~" , ;..,.--. .. '. ~~.-. .' " . , 1:,"~; -~ ~\ WHEREAS, Council in adopting the 1985-86/1989-90 Capital :.;t. Improvement Program (CIP), approved project #2-903 Rudee Inlet Bridge, for construction in 1989, at an estimated total cost of $6,379,074, and WHEREAS, this is a joint project between the City of Virginia Beach and the Virginia Department of Highways and Transportation, with the city's share of the costs to be $318,954, and WHEREAS, the site required for the construction of this project has had a development plan, which meets all city requirements, submitted to the Planning Department for approval, and WHEREAS, the city must either approve the development\of this site and issue the appropriate permits or purchase the property now for the bridge construction, and WHEREAS, the City Council, on August 18th instructed staff to acquire the property required for the location of the bridge from its present owners, and WHEREAS, a sale price of $2,450,000 has been negotiated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $2,450,000.00 be appropriated to project #2-903 Rudee Inlet Bridge from the Undesignated General Fund balance for the construction of the second bridge over Rudee Inlet, and BE IT FURTHER ORDAINED that the City Manager is authorized to acquire this site from its present owners. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1986. FIRST READING: October 6. 1986 SECOND READING: CAC/1 ORD13.CSR - 24 - Item II-H.3 ORDINANCES ITEM # 26138 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED upon FIRST READING: Ordinance to adopt the FY 1986-87/FY 1990-91 CAPITAL IMPROVEMENT PROGRAM and to appropriate $15~,h59J<n5 $99,859,205 for the FY 1986-87 Capital Budget subject to funds being provided from various sources. Vice Mayor Oberndorf requested Staff in their discussions with the School Board inquire as to whether the School Board might be intersted in reapportioning the funds of the $1.5 Million for the Salem Senior High School and utilizing same for air conditioning. Councilman Moss requested consideration by City Council of reallocating the funds for the School Bus Maintenance Facility and utilizing same for the air condi tioning of the schools. Councilman Moss wished staff to prepare a possible recommendation for reprogramming said funds to finance the School Bus Maintenance Facility in a more cost-effective manner. Councilman Perry advised perhaps the proposed tennis courts at Independence Junior could be eliminated and air condition substituted. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO ADOPT THE FY 1986-87/FY 1990-91 CAPITAL IMPROVEMENT PROGRN1 AND TO APPROPRIATE $99,859,205 FOR THE FY 1986-~7 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN WHEREAS, the City Manager, on September 15, 1Y~b, presented to City Council the Capital Improvement Program for fiscal years 1986-91, and WHEREAS, City Council held two public hearings on the program to provide for public comment, and WHEREAS, based on public comment, City Council has determined the need for the projects in the Capital Improvement Program, and WHEREAS, it is necessary to appropriate funds for the projects underway or beginning in the 1986-87 fiscal year as set forth in said Capital Improvement Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1: That the program for the construction of, or addition to capital facilities identified for fiscal years 1986-87 through 1990-91 is hereby adopted and that projects listed herein are approved as capital projects. Section 2: That the projects shall be financed from funds to be appropriated periodically by City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or resche- duled in any manner at any time by City Council. Section 3: That funds in the amounts aggregating $99,859,205 for capital projects underway or beginning in the 1986-87 fiscal year as set forth in said Capital Improvement Program are hereby appropriated, subject to the conditions hereafter set forth, as follows: Capital Project Appropriation School Projects: 1-928 Kellam High School Roofing 1-937 Salem Junior High School 1-951 Salem Senior High School 1-955 Salem Elementary School 1-962 Parkway Elementary School 1-969 West Kempsville Elementary II 1-970 School Bus Maintenance Facility $ 300,00U 2,605,315 5,567,000 2,300,OUO 2,490,000 6,775,000 355,600 -1- Capital Project School Projects: 1-971 Independence Junior High School Tennis Court 1-981 Farmers' Market Junior High - Site Acquisition 1-984 Ocean Lakes Elementary School 1-985 London Bridge Road Elementary - Site Acquisition 1-987 Glenwood Elementary School 1-988 Red Mill Farm Elementary School Total School Projects Engineering and Highways Projects: "- Roadways: 2-004 Lake Smith Spillway Bridge 2-006 Baxter Road Widening 2-007 Constitution Drive 2-021 Rural Road Improvements 2-034 Pavillion Drive - South 2-036 Master Street and Highway Plan 2-039 Dam Neck Road - Phase I 2-055 London Bridge Road - Phase I 2-061 Lynnhaven Parkway - Phase VII 2-063 Ferrell Parkway - Phase IC 2-064 Independence Boulevard - Phase IIA 2-065 Indian River Road - Phase IV 2-070 Northampton Boulevard - Phase II 2-071 Dam Neck Road - Phase II 2-072 Birdneck Road and Southern Boulevard 2-410 Great Neck Road - Phase II 2-412 Virginia Beach Boulevard - Phase I 2-600 Virginia Beach Boulevard - Phase II 2-816 Highway Safety Improvement Project 2-829 International Parkway Bridge 2-831 Independence Boulevard - Phase III 2-833 First Colonial Road - Phase III 2-834 Princess Anne Road and Kempsville Road Intersection 2-837 Various Public Improvements 2-901 Holland Road - Phase IV 2-910 General Booth Boulevard - Phase II 2-911 Kempsville Road - Phase II 2-919 Shipps Corner Road and Bridge 2-925 Northampton Boulevard - Phase I 2-929 Virginia Beach Boulevard - Phase III 2-935 Lynnhaven Parkway - Phase V 2-936 Ferrell Parkway - Phase IB 2-946 Gracetown Street Improvements 2-952 Back Bay Marina Bridge 2-962 Pungo Ferry Road Bridge 2-980 Seatack Streets - Phase IIA 2-983 Reedtown Streets 2-984 Seatack Streets - Phase lIB 2-988 Computerized Signal System Expansion 2-989 Rosemont Road - Phase III Total Roadways Stormwater: 2-001 Indian River Road Box Culvert 2-014 Lynnhaven Inlet Dredging 2-017 City Stormwater Study 2-018 Rudee Inlet Bulkheading 2-020 Various Drainage Improvements 2-712 Eastern Branch Dredging 2-815 Stumpy Lake Drain Improvements 2-817 Chesapeake Beach Drainage 2-819 Ocean Park Drainage 2-830 Rudee Inlet Dredging 2-902 North Beach Drainage - Phase III 2-909 Canal No. II - Phase II 2-933 LandfUl No. II Expansion Total Stormwater -2- i ill Appro2~iation 75,000 1,400,OUO 2,000,000 535,000 5,UOO,000 1,OUO,000 $ 30,4U2,915 $ 52,015 2,241, 130 10 ,000 30U,000 54,028 100,OUO 1,100,913 310,781 2UO,000 2UO,OUU 200,OUO 1,3UO,000 20U,OUO 260,527 26U,000 832,845 237,338 1,329,600 2UO,00U 179,556 2,000,OUO 10 ,OUO 740,800 50,UOO 3,549,44~ 700,000 98,u73 170,000 4,507,652 30,000 3,200,00U 4,184,219 172,000 542,790 251,303 282,717 265,000 175,000 290,000 1,641,666 $ 32,489,395 $ 264,210 106,000 445,uOO 54,424 200,000 59b,498 77,263 48,900 612,274 63,000 11 , 400 1St>, 100 1,050~55 $ 3,687,524 Capital Project Engineering and Highways Projects: Bikeways: 2-047 Sandbridge Bikeway 2-068 Bayfront Bikeway Total Bikeways Resort Area: 2-048 Boardwalk Revitalization 2-054 City Gateway Project 2-066 Stub Street Improvements Total Resort Area Total Engineering and Highways Projects Building Projects: '~ 3-905 Central Library 3-910 Kempsville Public Safety & Library Services Expansion 3-912,Fire Station #21 Stumpy Lake 3-938 Human Resources Building 3-949 Seatack Community Center 3-964 Circuit Court Renovation 3-966 TCC Site Improvements - Phase III 3-973 Percent for Arts Program Total Building Projects Parks and Recreation Projects: 4-939 Neighborhood Park Development & Acquisition 4-801 Virginia Beach Community Center - #2 4-913 Great Neck Park - Phase I 4-914 Red Wing Expansion 4-935 PA Park Recreation Facility Total Parks and Recreation Projects Water Utility Projects: 5-006 Dam Neck Road - Phase II 5-304 Small Line Improvements 5-306 Water Request & Agreement Project 5-617 Queen City Area 5-712 Sandbridge Road 5-713 Landstown Suction 5-820 Plaza Park Tank 5-832 Comprehensive Water Study 5-833 Various Highway Projects 5-836 Landstown Yard Improvements 5-939 Kempsville Suction - Phase II 5-953 Great Neck Road - Phase II 5-956 Holland Road - Phase IV 5-963 Reedtown Area 5-964 Water Resources - Lake Gaston 5-967 Cavalier Park/Linkhorn Park Area 5-968 Control Center Modernization 5-977 Kempsville Pump Station Modification 5-978 Indian Lakes Boulevard 5-979 Newtown Road 5-981 Bayside-Diamond Springs Road 5-982 Parliament Drive 5-985 Shore Drive 5-987 Alabama Road 5-997 Credle Road 5-999 Birdneck Road - Phase IA Total Water Utility Projects -3- Appropriation $ 171,818 141,435 $ 313,253 $ 440,000 593,010 220,000 ~ 1,253,010 $ 37,743,182 $ 2,837,241 166,000 42,877 16,620 35,439 27,949 150,000 80,982 3,357,108 $ $ 250,000 5,000,000 390,000 605,000 50,00U $ 6,295,UOO $ 3U,000 245,816 6,250,550 4,680 35,000 135,OUO 400,000 100,000 64,000 50,000 230,00U 60,000 65,000 64,625 6,055,000 80,000 215,000 20,000 50,000 183,000 35,000 25,UUO 15,000 14 ,000 20,OUU 165,OUO $ 14,611,671 Capital Project Sewer Utility Projects: '- 6-315 Queen City 6-316 Various Sewer Projects 6-605 Pump Station Modifications 6-815 Infiltration, Inflow & Rehabilitation 6-824 Various Highway Projects 6-828 Landstown Yard Improvements 6-830 Lake Smith/Shell Road 6-923 Reedtown 6-925 Atlantic Avenue Improvements 6-928 Cavalier/North Linkhorn Park 6-929 Elizabeth River Shores 6-932 Lakeview Park 6-933 Croatan Beach 6-934 Bay Colony 6-935 Broad Bay Colony 6-937 Aragone Rehabilitation 6-938 PA Plaza Rehabilitation 6-939 Comprehensive Sewer Study 6-952 Lakeside Drive/Poplar Point Road 6-962 Timberlake Force Main 6-964 Baxter Road Total Sewer Utility Projects TOTAL APPROPRIATIONS To be funded from the following sources: Source General Appropriation Fund Balance - Prior Fund Balance - New 1986 Charter Bonds 1986 Referendum Bonds - Schools 1986 Referendum Bonds - Roadways 1986 Referendum Bonds - VBCC - #2 FY 1987 Revenue Sharing Federal Contribution State Contribution Water and Sewer Fund Water Resource Recovery Fees Landfill Fees TOTAL SOURCES Appropriation 1,320 360,814 300,000 400,000 115,000 50,000 10 , 000 157,195 220,000 620,000 792,000 2,074,000 724,000 550,000 330,000 100,000 100,000 200,000 38,000 92 , 000 215,000 $ 7,449,329 $ $ 99,859,205 Amount $ 5,016,361 13,423,690 1,802,9~2 24,luO,000 16,710,000 5,300,000 5,000,000 4,500,000 900,717 16,000,000 6,055,000 1,050,455 $ 99,859, :W5 Amounts appropriated above amend any 1986-1987 fiscal years allo- cations previously authorized in the FY 1986 - FY 19~7 Operating Budget adopted by the City Council on May 15, 1986. The appropriations which are supported by 1986 referendum bonds are subject to voter approval prior to final appropriation. Section 4. The capital project funds appropriated in prior fiscal years are to be reallocated in accordance with said Capital Improvement Program as follows: Engineering and Highways: Roadways: 2-828 Independence at Ferrell 2-021 Rural Road Improvements 2-951 Lake Banbury Outfall Drainage -4- + + 255,000 250,000 5,000 Capital Project Appropriation Engineering and Highways Resort Area 2-048 Boardwalk Rivitilization 2-066 Stub Street Improvements 2-067 Resort Streetscape Demo. Project 2-049 Resort Streetscape Improvement 2-056 Museum Park/Nature Area 2-059 Owl Creek Golf Course - 1,025,125 + 1,025,1l5 + 400,000 400,000 + 165,000 165,000 Parks and Recreation: 4-801 VBcc-1I2 4-935 PA Park - Phase I 2-816 Highway Safety Improvement Project 4-807 Great Neck Meadows Park 4-913 Great Neck Park - Phase I - 1,330,800 + 980,800 + 350,000 76,5UO + 76,5UO Section 5. That additional appropriations and the addition of capital projects shall not be initiated except with the consent and approval of the City Council first being obtained. Section 6. That the restriction with respect to the expenditure of funds appropriated shall apply only to the totals for each project class within each funding source included in this ordinance. All contracts awarded for approval and appropriated capital pro- jects, exclusive of school projects, must be certified as to the availability of funds by the Director of Finance prior to the lnitiation of work on the contract. Section 7. That this ordinance shall be in effect from and after the date of its adoption. Section 8. That if any part or parts, section or sections, sen- tences, clauses, phrases of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. First Reading: October 6, 1986 Second Reading: Adopted by Council of the City of Virginia Beach, Virginia on the day of , 1986. -5- - 25 - Item II-I. CONSENT AGENDA ITEM # 26139 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischo ber, City Council APPROVED in ONE MOTION Items 1, 3, 4 a/b/c, 6, 7, 8, 9, 10 and 11 of the CONSENT AGENDA. Items 11-1.2 and 11-1.5 of the CONSENT AGENDA were pulled for a separate vote. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 26 - Item II-I. 1 . CONSENT AGENDA ITEM # 26140 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City Council ADOPTED upon SECOND READING: Ordinance to accept and appropriate $59,000 from the U.S. Department of Housing and Urban Development for the Rental Rehabilitation Program. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Nancy K. Parker i II Requested by: Department of Housing and Community Development ORDINANCE TO ACCEPT AND APPROPRIATE $59,000 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE RENTAL REHABILITATION PROGRAM WHEREAS, the U. S. Department of Hous I ng and Urban Deve I opment (HUD) has awarded a grant of $59,000 for the funding of rental housing rehabl I Itatlon; and WHEREAS, the City of Virginia Beach has developed a Rental Rehab II I tat I on Program and has structured the necessary mechan I sms for implementation In compl lance with federal and local directives; and WHEREAS, the use of these funds for rental housing rehabilitation wi I I Increase the supply of standard rental housing units affordable to lower I ncome families. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY VIRGINIA BEACH, VIRGINIA: That funding In the amount of $59,000 from HUD be accepted and funds appropriated to continue Rental Rehabl I Itatlon Program activities. FIRST READING: SECOND READING: September 29, 1986 October 6, 1986 Adopted by the Council of the City of Virginia Beach, Virginia on this 6 October _____ day of , 1986. APPROVED AS TO CONTENT: APPROVED AS TO FORM: ~s~ ~( City Attorn y . Mary n Departm t of Housing Community Development - 27 - Item II-I.2 CONSENT AGENDA ITEM # 26141 Upon motion by Councilman Perry, seconded by Vice Mayor Obenrdorf, City Cuoncil ADOPTED upon SECOND READING: Ordinance to accept an amended entitlement grant from the U.S. Department of Housing and Urban Development and to appropriate additional funds of $367,000 for the Community Development Twelfth Program Year, subject to: As a part of the motion, City Council requested the Citizens Advisory Council consider funding in the amount of $60,000 as "seed money" for the Virginia Beach Community Development Corporation from the Contingency Funding. Said request would be brought back to City Council accompanied by a written budget. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None / ....__/ I, III Requested by: The Department of HousIng and CommunIty Development AN ORDINANCE TO ACCEPT AN AMENDED ENTITLEMENT GRANT FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO APPROPRIATE THESE ADDITIONAL FUNDS FOR THE COMMUNITY DEVELOPMENT TWELFTH PROGRAM YEAR WHEREAS, The U. S. Department of HousIng and Urban Development (HUD) has awarded an add I t I ona I grant of $367,000 for the fund I ng of the CommunIty Development Twelfth Program Year, and WHEREAS, Housing and Community Development Department staff have developed an amended project budget for the Twelfth Program Year, and WHEREAS, the Housing and CommunIty Development CItizen AdvIsory CommIttee has revIewed and recommended the approval of the amended project budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That fundIng from HUD be accepted and funds approprIated for the fol lowIng projects and purposes: AMENDED PROJECT BUDGET CAPITAL IMPROVEMENT PROJECTS OrIginal Amended Total Amount Amount Amount Gracetown Street and Drainage Improvement Project/ConstructIon $172,000 + $127,500 $299,500 Queen CIty Water and Sewer Improvement Project/EngIneerIng 10,000 10,000 Reedtown Water, Sewer, Street and DraInage Improvement Project/ConstructIon 265,000 + 14,621 279,621 Seatack liB Street and DraInage Improvement Project/RIght-of-Way AcquisItIon 175,000 175.000 Subtota I : $622,000 + $142,121 $764,121 HOUS I NG PROGRAMS HousIng Rehab I I Itatlon $216,400 + $67,899 $284,299 Replacement HousIng/RelocatIon 255,000 255,000 Last Resort HousIng Loans 170,000 + 49,380 219,380 HomesharIng Program 26,079 26,079 Code Enforcement/DemolItIon/Clearance 37,544 37,544 HousIng Programs AdmInIstratIon 151 .856 151.85Q. Subtota I : $856,879 + $117,279 $974,15B OTHER Black HerItage Awareness Cultural ActivItIes $ 2,147 $ 2,147 General Management and OversIght 292,700 292,700 SectIon 8 Program AdmInIstratIon 7,593 7,593 Rental RehabIlItatIon Program AdmInIstratIon 43,681 43,681 ContIngencIes 10,000 + $107,600 $117,600. Subtota I : $356,121 + $107,600 $463,721 Tota I : $1,835,000 + $367,000 $2,202,000 12th Program Year Entitlement Amount $1,785,000 + $367,000 $2,152,000 EstImated Program Income 50,000 50,000 Total: Sl.835.000 + 1367.000 $2.202.000 That the appropriations wll I be financed by $367,000 In federal funds from the U. S. Department of Housing and Urban Development. FIRST READING: SECOND READING: September 29, 1986 October 6, 1986 Adopted by the Council of the City of Virginia Beach on the day of October , 1986. Sixth APPROVED AS TO CONTENT: APPROVED AS TO FORM: ~~ City Attorne Mary! nn Depa nt of Housing and Community Development I III - 28 - Item II-I. 3 CONSENT AGENDA ITEM # 26142 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City Council APPROVED upon FIRST READING: Ordinance to appropriate $11,705,613 for Year 1987 for the payment of Purchase brought forward from Fiscal Year 1986. Fiscal Orders Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Nancy K. Parker I, AN ORDINANCE TO APPROPRIATE $11,705,613 FOR FISCAL YEAR 1987 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1986 WHEREAS, during the course of business in fiscal year 1986; purchase orders or contracts were issued committing the City to purchases of materials, supplies, equipment or services for use by several departments, divisions, or bureaus, and WHEREAS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1936 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on JUile 30, 1986 there were purchase orders or contracts totalling $11,705,613 for which materials, supplies, equipment or services had not been delivered or invoiced. ~OW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, th~t the funds totalling $11,705,613 unexpended and represented by purchase orders outstanding on June 30, 1986 be reappropriated as additions to fiscal 1987 appropriations to the respective departments, divisions, or bureaus of the city so that upon delivery of the materials, supplies, equipment or services, there shall be sufficient funds to make payment. These funds shall be appropriated from the following respective fund balances: General School Operating Water and Sewer E-91l Conmunication System City Garage Telecom Print Shop Pendleton Child Service Center Automated Finger Print ID Golf Course Tidewater Virginia ASAP Risk Management Law Library $ 5,844,822 3,248,203 1,540,002 332,469 100,564 54,790 40,667 24,508 14,767 2,637 1,110 579 495 Total Outstanding $11,705,613 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 1986. PUBLIC HEARING: FIRST READING: Ortoher 63 J 986 APPROVED AS TO CONTENT S ECm,1D READ IFi G : , SIGNATURE JCM DEPARTMENT '1 AS!f/~j7~ S~GNt, TUR l' CITY A HORNeY i III - 29 - Item II-I.4. CONSENT AGENDA ITEM # 26143 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City Council APPROVED upon FIRST READING: Ordinances to appropriate a total of $19,018,408 for School Board Grants and Enterprise Funds: Textbook Rental Fund Budget - $2,588,040 Special Categorical Grants for School Year 1986-87 - $7,381,908 School Cafeteria Enterprise $9,048,460 Fund Budget Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Nancy K. Parker AN ORDINANCE TO APPROPRIATE FUNDS OF $2,588,040 FOR THE FY 1986-87 SCHOOL TEXTBOOK RENTAL FUND BUDGET WHEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the rental of textbooks require an appropriation of the local governing body, and WHEREAS, the Virginia Beach School Board has a textbook rental plan whereby rental income is deposited in a textbook rental fund and purchases of textbooks and other related expenses are paid from this fund, and WHEREAS, the School Board has submitted a Textbook Rental Fund budget for FY 1986-87 in order to comply with the Attorney General's opinion, and WHEREAS, the Textbook Rental budget approve by the School Board included total revenues of $2,588,040 and total disbursements of $2,588,040 for fiscal year 1986-87. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $2,588,040 be appropriated for a School Textbook Rental Fund budget in the manner approved by the School Board. I BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues of $2,588,040 in the Textbook Rental Fund. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1986. FIRST HEARING: October 6, 1986 SECOND HEARING: CAC/1 ORD14.CSR AN ORDINANCE TO APPROPRIATE FUNDS OF $7,381,908 FOR CITY OF VIRGINIA BEACH SCHOOL PROGRAMS FUNDED BY SPECIAL CATEGORICAL GRANTS FOR SCHOOL YEAR 1986-87 WHEREAS, the Virginia Beach School Board has been notified that it will receive funds of $7,381,908 through special state and federal categorical grants for the School year 1986-87, and WHEREAS, these funds were not included in the FY 1986-87 School Operating Budget approved by City Council, and WHEREAS, the School Board approved this funding and requests that City Council appropriate these funds, and WHEREAS, it is desirable and necessary for the City Council to appropriate these funds prior to the expenditure itself. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $7,381,908 be appropriated for school purposes for FY 1986-87 under the auspices of the following grants: Grants Sources Amount Chapter I (Carry Over 1985-86) Chapter I 1986-87 Chapter II (Carry-Over 1985-86) Chapter II 1986-87 Title VI-B, P.L. 94-142 (Carry-Over) Title VI-B, P.L. 94-142 1986-87 Title VI-C, Preschool P.L. 94-142 Title II, E.E.S.A. ABE Grant P.L. 91-230 1986-87 Transition Program-Refugee Children Title VI-C, P.L. 89-313 Remedial Education Graduation Pilot Program Retention Pilot Program Total Federal Federal Federal Federal Federal Federal Federal Federal Federal Federal Federal State State State $ 1,609,295.62 2,619,976.00 102,246.00 326,374.00 1,027,420.95 1,262,803.00 26,162.00 50,334.00 18,701.43 , 16,575.00 7,270.00 300,000.00 8,750.00 6,000.00 $ 7,381,908.00 BE IT FURTHER ORDAINED that this appropriation be financed by $314,750 estimated revenue from the Commonwealth and $7,067,158 estimated revenue from the Federal Government, and BE IT FURTHER ORDAINED that this appropriation is authorized subject to the expenditures being incurred with no local match. This ordinance shall be effective from the date of its adoption. the Adopted by the Council of the City of Virginia Beach, Virginia on day of , 1986. FIRST READING: October 6, 1986 SECOND READING: CAC/4 ORD15.CSR AN ORDINANCE TO APPROPRIATE FUNDS OF $9,048,460 FOR THE FY 1986-87 SCHOOL CAFETERIA ENTERPRISE FUND BUDGET WHEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the sale of cafeteria meals require an appropriation of the local governing body, and WHEREAS, the Virginia Beach School Board has a cafeteria meal program whereby meal income is deposited in a cafeteria enterprise fund and purchases of food and other related expenses are paid from this fund. and WHEREAS, the School Board has submitted a Cafeteria Enterprise Fund budget for FY 1986-87 in order to comply with the Attorney General's opinion, and WHEREAS, the Cafeteria Enterprise Fund budget approved by the School Board included total revenues of $9.048.460 and total disbursements of $9,048,460 for fiscal year 1986-87. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $9,048,460 be appropriated for a School I Cafeteria Enterprise Fund budget in the manner approved by the School Board. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues of $9,048,460 in the Textbook Rental Fund. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1986. FIRST READING: October 6. 1986 SECOND READING: CAC/4 ORD16.CSR - 30 - Item II-G. 5 CONSENT AGENDA ITEM # 26144 Dallas V. Norman, Jr., represented the applicant Dallas V. Norman, Sr. OPPOSITION: James Bloxsom, resident of Blackbeard Road Allison 1. Maynard, resident of Sandy Bay Drive Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council DEFERRED until the City Council Meeting of November 10, 1986: Ordinance to authorize a temporary encroachment into a portion of City property known as Lake Joyce to Dallas V. and Charlotte G. Norman, their heirs, assigns and successors in title. This DEFERRAL will enable adjacent neighbors who are out of the Country to speak in OPPOSITION Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 31 - Item II-I.6 CONSENT AGENDA ITEM # 26145 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City Council ADOPTED: Ordiance to authorize a temporary encrochment into a portion of the right-of-way of Ferrell Parkway to Charles G. Hickman, his heirs, assigns and successors in title. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. A highway permit must be obtained and a bond posted prior to commencing work within the City's right- of-way. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Nancy K. Parker I i II Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF FERRELL PARKWAY TO CHARLES C. HICKMAN, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Charles C. Hickman, his heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of Ferrell Parkway. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a private 2" D.I. force main to serve the proposed Great Big Greenhouse and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Ferrell Parkway as shown on that certain plat entitled: "PHYSICAL SURVEY OF GENERAL BOOTH BLVD. AT FUTURE FERRILL PKWY. FOR CITY RIGHT OF WAY ENCROACHMENT PERMIT, SCALE: 1" = 40' DATE: 6/12/86 REV: 7/15/86" and prepared by Land Design & Development, Inc., a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Charles C. Hickman, his heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Ferrell Parkway and that Charles C. Hickman, his heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Charles C. Hickman, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Charles C. Hickman executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of October , 19 86 CLL/tap 09/16/86 09/24/86 (hickman.ord) 2 i I , \ F. M. 'ill ~ \ . \' \.\ ' \, FORCE MAIN PLAN ~'-"'~ "'\ "'. '" ' \ ~'Y , ',z ~ .'-, , , (,010<. eu'c PATH , -'" -. - ---- !~' " ---- -- . _..4 " ~ - ?' -kRSO 30"F M AV -,--------- (s.B_LJ t /':8 l' \ .d _ I ~. -=- . . ..... .--"\,----".W -,-=1 L~ " : -\ ~C" \- ~' -1 .' "I ""i '1 ,","0 I FM (N.B.L.) 4'l'l .~ ~--- '<If GENERAL BOOTH BLVD. -~-- ."-----. .. 61<A'>" ~ WI :l- 'P <i' o ~. ,-- - 1'\ ~ ,,/1 ~ 1\1\ -o~c ~'e~ ~~ f1\ ") (-~, / / NOTE: I. 2" 0.1. F M. SHOWN ONLY TO THE LIMITS OF ENCROACHMENT. 2. F.M. TO BE INSTALLED UNDER PAVEMENT BY JACKING. PHYSICAL SURVEY OF GENERAL BOOTH BLVD. AT FUTURE FERRILL PKWY FOR CITY RIGHT OF WAY ENCROACHMENT PERMIT SCALE: I" = 40 OATE: 6/12/86 1CE~' 7/IS/8b LAND DESIGN t DEVELOPMENT, INC, PEMBROKE ONE, SUITE J20 VIRGINIA BEACH, VIRGINIA 2J.,62 PHONE (80.,) "90- 0672 - 32 - Item II-I. 7 CONSENT AGENDA ITEM # 26146 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischo ber, City Council APPROVED: LOW BID to Higgerson-Buchanan, Incorporated, in the amount of $882,242, for the installation of a box culvert under Indian River Road at Lynnhaven Parkway at ther terminus of the Indian Lakes retention system, improvements to the downstream channel and associated road work. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 33 - Item II-I. 8 CONSENT AGENDA ITEM # 26147 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City Council APPROVED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: Grand Limousines Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 34 - Item II-I.9. CONSENT AGENDA ITEM # 26148 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City Council APPROVED: RAFFLE PERMIT WOMEN'S CLUB OF CHESAPEAKE BEACH Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 35 - Item II-I. 1 O. CONSENT AGENDA ITEM # 26149 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $5,204.01 upon application of Certain Persons and upon Certification of the City Treasurer for payment. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Nancy K. Parker i I F ~M ~O. C.A. 7 9/22/86 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 I nt. Total Year of Tax Number tion No. Paid Abington Village Homes 86 RECl/2) 136-4 11 /14/85 .40 Abington Village Homes 86 RE (1/2) 137 -3 11 /14/85 3.20 Abington Village Homes 86 RE(1/2) 1 38- 2 11 /14/85 .40 Abington Village Homes 86 RE(1/2) 139- 1 11/14/85 .80 Abington Village Homes 86 RE(1/2) 140-8 11/14/85 .88 Abington Village Homes 86 RE (l / 2 ) 141-7 11 /14/85 238.94 Abington Village Homes 86 RE(1/2) 142-6 11/14/85 2.60 Abington Village Homes 86 RE(1/2) 143-5 11/14/85 12.00 Abington Village Homes 86 RE(1/2) 144-4 11 /14/85 1.20 Abington Village Homes 86 RE (1 /2 ) 145-3 11/14/85 .80 Abington Village Homes 86 RE(1/2) 146-2 11/14/85 1.60 Abington Village Homes 86 RE(1/2) 147-1 11/14/85 1.80 Abington Village Homes 86 RE(1/2) 148-0 11 /14/85 9.20 Abington Village Homes 86 RE(1/2) 149-9 11 /14/85 2.64 Sevran Mortgage Corp 83 RE(1/2) 79089-8 12/3/82 13.80 Sovran Mortgage Corp 83 RE(2/2) 79089-8 5/26/83 13.80 Sovran Mortgage Corp 84 RE(1/2) 83821-2 12/5/83 14.64 Sovran Mortgage Corp 84 RE(2/2) 83821-2 6/5/84 14.64 Sovran Mortgage Corp 85 RE(1/2) 88788-1 12/5/84 14.64 Sovran Mortgage Corp 85 RE(2/2) 88788-1 6/5/85 14.64 Sovran Mortgage Corp 86 RE(2/2) 95522-6 6/5/86 40.80 Nonni Homes Company 86 RE(1/2) 72660-7 2/24/86 305.09 Nonni Homes Company 86 RE(1/2) 72661-6 2/24/86 307.92 Nonni Homes Company 86 RE(1/2) 72663-4 2/24/86 275.44 Nanni Homes Company 86 RE ( 1 /2 ) 72658- 1 2/24/86 317.66 Manufacturer's Hanover 83 RE(1/2) 8856-8 12/5/82 15.94 Manufacturer's Hanover 83 RE(2/2) 8856-8 6/5/83 15.94 Manufacturer1s Hanover 84 RE(1/2) 9218-8 12/5/83 13.53 Manufacturer's Hanover 84 RE(2/2) 9218-8 5/31/84 13.53 Sovran Mortgage Corp 86 RE(2/2) 28669-0 6/5/86 1 77 . 96 Charles B & Agnes Hart 86 RE(2/2) 111567-7 8/20/86 47.41 Investors S & L Assoc 86 RE(2/2) 51162-4 6/5/86 8.00 Lyle F & Ramona Miller 85 RE(2/2) 75012-6 10/7/85 22.29 Dominion Bankshares Mort 86 RE(2/2) 20545-7 5/16/86 81.80 Tot~ 1 2,005.93 This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the~day of October, 1986 Certified as to payment; ~kl:~ John T. Atkinson, Treasurer ~~ ~ Approved as to for . Ruth Hodges Smith City Clerk I I Fe !II N:). C.A. 7 9/22/86 EMe 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 :JMAC 86 PP 58299-4 49084 5/29/86 268.50 :JMAC 86 PP 58289-6 49083 5/29/86 272.28 GMAC 86 PP 62695-6 49091 5/29/86 273.00 :JMAC 86 PP 58424-2 49088 5/29/86 467.28 GMAC 86 PP 63121-8 49087 5/29/86 356.94 C J Ritter 84 PP 207367-5 8/28/86 228.80 Mark M Taylor 86 PP 159152-6 49089 5/6/86 262.50 Timothy E Prescott 86 PP 1 30704-0 49090 6/5/86 195.00 Charles F Ise1y 86 PP 82115-6 49085 5/22/86 262.50 B1aney's Fabrics Inc 86 PP 14643-0 49086 6/5/86 599.28 Paul R Long N/A Pkng 90342 9/15/86 12.00 Total 3,198.08 This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the~day of October, 1986 Certified as to payment; - c;it. Approved as to form: Ruth Hodges Smith City Clerk J. Dale Bimson, City Attorney - 36 - Item II-I. 11 CONSENT AGENDA ITEM # 26150 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischo ber, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $1,658.15 and upon application of Certain Persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Nancy K. Parker I I II F:)RM NO. C,A 8 REV, 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Okonkwo, Herta S. T/A Green Run Kindernook 1112 Geranium Crescent Virginia Beach, VA 23456 1986 Audit 30.20 Pearlman, Herbert M. T/A Furnitureland 6008 S. River Road Norfolk, VA 23505 1986 Audit 337.36 Pohl, Kenneth L. 'r/A Val's Pizza 348 London Bridge S/C Virginia Beach, VA 23454 1984-86 Audit 26.53 Certified as to Payment: ~~ obert P. Vaughan Commissioner of the Revenue ..-.- This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 3 9 4. 09 were approved by the Council of the City of Virginia Beach on the day of ,19_. Ruth Hodges Smith City Clerk ,~ ' FORM NO CA 8 REV, 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Stephan, Mimi 769 Southleaf Drive Virginia Beach, VA 23462 1984 Audit 136.00 Tolson, Ronnie S. 425 Rose Marie Ave. Va. Beach, VA 23462 1984/85 Audit 2fL 01 Viking Distributors, Inc. 5029 Cleveland St. Va. Beach, VA 23462 1984/85 Audit 230.46 Weston, Douglas M. ~/A Weston Moyer Appliance 5420 Doon Street Va. Beach, VA 23464 1984/85 Audit 25.83 Certified as to Payment: -- obert P. Vaughan Commissioner of the Reve e Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 4 2 0 . 30 were approved by the Council of the City of Virginia Beach on the day of ,19_. Ruth Hodges Smith City Clerk ,> . i I I:ORM NO, C,A, 8 REV, 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Atwood, Annette 'riA Annette Atwood 15500 - 67.00 Road Montrose, CO 81401 1986 08/11/86 500.00 Atwood, Jack L. T/A Atwood Contracting 15500 - 67.00 Road Montrose, CO 81401 1986 08/22/86 30.00 Aucamp, Frederick P. T/A Casual Construction Co. 921 Ditchley Road Virginia Beach, VA 23451 1984/85 Audit 313.76 Certified as to Payment: ~r--/~ obert P. Vaughan Commissioner of the Revenue This ordinance shall be effective from date of adoption. The above abatement(s) totaling $8L!1.76 were approved by the Council of the City of Virginia Beach on the day of .19_. Ruth Hodges Smith City Clerk .~ ' I I - 37 - Item II-J. 1 /2 APPOINTMENTS ITEM # 26151 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS: VIRIGNIA BEACH ARTS CENTER - Board of Trustees/Execuitve Committee VIRGINIA BEACH BOND REFERENDA COMMITTEES - 38 - Item II-J. 3. APPOINTMENTS ITEM # 26152 Upon NOMINATION by Councilman Fentress, Ci ty Council APPOINTED to the TIDEWATER TRANSPORTATION DISTRICT COMMISSION: Mayor Robert G. Jones Councilwoman Barbara M. Henley Mayor Jones and Councilwoman Henley shall serve at the pleasure of City Council. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 39 - Item II-K.1 UNFINISHED BUSINESS ITEM # 26153 ADD-ON Mayor Jones advised he had spoken with Susan McKenry and scheduled the WORKSHOP on November 7, 1986, relative the COMMUNITY SERVICES BOARD. City Council will participate in the WORKSHOP after completion of the tour of the TARGET AREAS. - 40 - Item II-K.2 UNFINISHED BUSINESS ITill-I # 26154 ADD-ON Councilman Heischober advised he wished to convey additional concerning the CAPITAL IMPROVEMENT PROGRAM during City Council's Session on October 13, 1986. October 6, 1986 opinions Informal - 41 - Item II-K.3 UNFINISHED BUSINESS ITEM # 26155 ADD-ON Vice Mayor Oberndorf advised she would be unable to attend the City Council Meeting of October 13, 1986. Yom Kippur, the Hebrew Highest of Holy Days, commences at Sundown Sunday Evening and continues until Sundown on Monday. Councilman Heischober advised he would convey his concerns to Vice Mayor Oberndorf rela ti ve the Capital Improvement Program on or before Thursday, October 9, 1986, as she would be unable to attend the Session on October 13, 1986. - 42 - Item II-M. 1 ADJOURNMENT ITEM # 26156 Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the Meeting at 7:30 P.M. C) . ,-~ ~ #~ Beverly O. Hooks Chief Deputy City Clerk ~~~A~ th Hodge Smith, CMC City Clerk City of Virginia Beach Virginia October 6, 1986