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DECEMBER 4, 1989 "WORLD'S LARGEST RESORT CITY" CnY COUNCIL A, VICE -- ROBE- @. IE@RM, @@, . @0, JO@l A, @-, .-I@ -RO- A@ HEN@L, 1.@ J.- mo., IMCY . .-@R. j- I lenl, -L- D JR. CITY COUNCIL AGENDA IUB-@ I W.@S. 1-@, @i@ M--- IIRI;Illl B--, 11@GIII. cl@, c@, December 4, 1989 ITEM 1. CITY MANAGER'S BRIEFING - Conference Room - 11:00 M A. WATER AND SEWER RATES Mr. Clarence Warnstaff Director of Public Utilities ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 11:40 AM A. CITY COLNCIL CONCERNS ITEM 111. IWCRMAL SESSION - Conference Rc>om - 12: NOON A. CALL TO ORDER - Mayor Mayera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION D. L U N C H ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Chaplain Frank Mintjal, USN Oceana Naval Air Station B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. PUBLIC HEARING SCHOOL BOARD APPOINTMENTS - Novernber 15, 1989 2. INFOFVAL & FORAAL SESSIONS - November 20, 1989 F. ORDINANCE 1. CAPITAL IMPROVEMENT PROGRAM Ordinance upon SECOND READING to adopt the FY 1989-90/FY 1993-94 Capital lmprovernent Program and to appropriate $139,636,771 for the FY 1989-90 Capital Budget subject to funds being provided frorn various sources set forth therein. Ordinance upon SECOND READING authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginla, In the maximln amount of $8,000,000 for Road, Highway and Bridge purposes. ordinance upon SECOND READING authorizing the Issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximlrn amount of $29,200,000 for various Public Facilitles and General Improvements. Ordinance upon SECOND READING authorizing the issuance of Water and Sewer Revenue Bonds of the City of Virginia Beach, Virginia, in the maximun arnount of $8,940,000. Ordinance upon SECOND READING establishing the Tax Levy on Real Estate for Tax Fiscal Year 1991. G. CONSENT AGENDA Al I matters I isted under the Consent Agenda are consldered in the ordinary course of business by City Council and wi I I 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 FIRST READING, to APPROPRIATE $9,526,922 for Fiscal Year 1990 for the payment of purchase orders brought forward from Fiscal Year 1989. 2. Ordinances, upon FIRST READING, to the Department of Wntal Health/Mental Retardation and Substance Abuse: a. To APPROPRIATE $45,000 for purchase ot treatment services for a Prader-Willi Syndrome Client. b. To APPROPRIATE $30,050 for consulting clinical services to the Child Day Treatment Program. c. To APPROPRIATE $10,000 for planning under Public Law 99-457. 3. Ordinance to TRANSFER $312,320 from various Departments within the FY 1989-1990 Operating Budget to establish a Developinent Services Center. 4. Ordinances to authorize temporary encroactnents: a. The City's property known as Lake Windsor to Archle and Doris English at 405 Maplewood Court (KEMPSVILLE BOROUGH). b. Port I on o f the r i 9 h t-o f -wa yof Lynnhaven Promenade (an unimproved paper street) to Bruce and Esther Jacobson at 2068 Tazewell Street (BAYSIDE BOROUGH). c. The City's property known as a 201 strip surrounding Lake Joyce to Joe B. Overfelt and Sheila J. Overfelt at 4425 Lee Avenue (BAYSIDE BOROUGH). 5. INDIAN RIVER ROAD PHASE IV: a. Ordinance to TRANSFER $80,000 to Indian River Road - Phase IV Water and Sewer Projects (/15-037 and SS6-978) to cover utility betterment costs and to award the construction contract. b. LOW BID: ASPHALT ROADS AND MATERIALS CCMPANY, INC. Indian River Road, Phase IV (CIP 2-065) $2,415,798.76 Indian Lakes Boulevard, Phase 11 (CIP 2-083) 391 758.67 Total Bid $2,807,557.43 6. LOW BIDS: a. BRLSTOL BABCOCK Control Center $1,315,345.00 Modernization (CIP 5-968) b. CONTRACTORS PAVING 1989-90 Curb and $ 236,806.24 CO., INC. Gutter Replacement Proj ect 7. Ordinance authorizing tax refunds in the amount of $416.32. 8. Ordinance authorizing license refunds in the amount of $18,645.34. H. APPOINTMENTS BOARD OF BUILDING CODE APPEALS (New Construction Division) COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF OOVERNORS PENDLETON PROJECT MANAGEMENT BOARD PLANNING C04MISSION RESORT AREA ADVISORY COMMISSION SCHOOL BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VOLUNTEER COUNCIL 1. UNFINISHED BUSINESS J. NEW BUSINESS 1. CITY COUNCIL HOLIDAY SCHEDULE December 1989 and January 1990 K. ADJOLIRNMENT 11/30/89 lbs NOTICE OF PUBLIC HEARING CITY OF VIRGINIA BEACH, VIRGINIA FOR THE 1989-1990 FISCAL YEAR Pursuant to Chapter 2, Section 2-187.1 of the City Code, apublic 11 be held by the City Council in Council = on the second floor of the City Hall Building on Monday, December 4,1989 at 2:00 p.m. to discuss proposed increases in the Operating Budget for the FY 1989-90 as shown below. The increases are for purchase commftments made and charged to the operating budget for fiscal year 1988-1989, but will not be delivered and invoiced until FY 1989-1990. PROPOSED INCREASES BY FUND General $6,614.962 City Garage $37,349 School Operating 1,991,020 Pendleton Child Water and Sewer 264,284 Service Center 1,187 Telecommunications 249@636 Risk Management 8,773 Golf Course 20,427 MH/MR/SA 100,018 commulli Corrections 61,091 Resort Parking 193 Mairne SCiYnce Museum 32,702 Microcomputer 138,376 Print Shop 6,904 Total Outstanding $9,526,922 lndividualsdesiringtoprovideoralorwrittencomments may do so by registe(ing in person with the Clerk's office on the second floor on the Cfty Hall Building, or by calling 427-4303 before the hearing begins. Ruth Hodges Smfth, CMC MI NU -r ES VIRGINIA BEACii CITY COUNCIL Vlrgitila Bcicii, Virginla December 4, 1989 The CITY MANAGER'S BRIEFING relative WATER AND SEWER RATES for the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall on Monday, December 4, 1989, at 11:00 A.M- Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms. Council Members Absent: John L. Perry (ENTERED: 11:53 P.M.) - 2 - C I T Y M A N A G E R 'S B R I E F I N G WATER AND SEWER RATES 11:00 A.M. ITEM # 32094 Clarence Warnstaff, Director of Public Utilities, with the assistance of visual aids, presented information relative Water and Sanitary Sewer Utility Rate Adjustment for FY 91. Said information was also distributed to @tembers of City Council and is hereby made a part of the record. In early 1987, a Consultant was commissioned to develop a financial plan for the water and sewer utility which would include a projection of revenues and expenditures for a 5-year period. The Consultant was directed to examine the impact on water and sewer rates as a result of building the Lake Gaston Project. In June 1987, the results of the aforementioned analysis was related to Members of City Council. The recommendation contained therein advised there was no immediate need to raise water or sewer rates. Adjustments were made two years ago in sone of the miscellaneous fees and charges imposed upon the customer. The most significant recommendation advised the City should commence a program of implementing the rate increases necessary for the Lake Gaston Project. The Consultant recommended rates be increased over a four-year period. This would enable the City to be in a financial position to go forward with the construction of the Lake Gaston Project. The Department of Public Utilities requested the Consultant to re-examine the 1987 Study and update same. There have been adjustments in the water and sewer rate since 1983 due to two factors: Lake Gaston and the higher cost of purchasing water from the City of Norfolk. Recommended Water Rate Increase Current Water Rate $ 2.51 per 1000 gallons Water Rate Effective July 1, 1990 (Lake Gaston Increase #4 ADOPTED June 5, 1989) $ 2.69 per 1000 gallons Recommended Increase $ .13 per 1000 gallons (4.8%) Recommended Water Rate to be effective July 1, 1990 $ 2.82 per 1000 gallons Impact of Recommended Water Rate Increase Average Residential "Water" Billing Per Month July 1, 1990 (Includes Lake $14.49 Gaston Rate Increase #4) Recommended -- Effective $20.52 July 1, 1990 Increase $ 1.03 per month (5.3%) Recommended Sanitary Sewer Rate Increase It is recommended that sanitary sewer rates be increased 7.5% Residential Current Charge per month $ 9.46 Recommended $10.17 Increase $ .71 (7.5%) - 3 - C I T Y M A N A C E R 'S B R I E F I N G WATER AND SEWER RATES ITEM # 32094 (Continued) The Commerical Rates are based upon the size of the sanitary sewer lateral that connects to the City's mains. The larger customers, of course, pay more. The commercial rates would also increase by 7.5%. Impact of Recommended Water and Sanitary Sewer Rate Increase July 1, 1990 (Includes Lake Gaston Rate Increase #4) Water: $19.49 Sanitary Sewer: 9.46 TOTAL: $28.95 Recommended - Effective July 1, 1990 Water: $20.52 Sanitary Sewer: 10.17 TOTAL: $30.69 Increase $ 1.74 (6.0%) Councilman Moss inquired whether the base report addressed to what extent the rate increases are driven by increases in fixed expenses vs. increases in variable expenses. In referencing Chart No. 2, Recommended Water Rate Increase, Mr. Warnstaff advised Councilman Moss the current rate for water service is $2.51. This includes Lake Gaston Increase #3. The rate effective July 1990 (Lake Gaston Increase #4 - 18cts) would be $2.69. The recommended rate increase for the water and sewer utility other than for Lake Gaston is 13cts. The $2.82 recommended water rate increase effective July 1, 1990, is derived from adding the 13cts to $2.69. The charts will be further clarified to reflect this amount. Mr. Warnstaff advised the average residential "Water and Sanitary Sewer" billing per day is $1.00 per day. The recommendations before City Cuncil would increase same to $1.06 per day. Cost of Service Study Findings Forecast rate adjustments FY 91, FY 92, FY 93 Revenue growth slow Debt Service increasing -- significant Issue bonds for CIP Revenue deficiency $3.IM FY 91 Debt Service increase $2.8M FY 91 Last general rate increase in 1983. Cost of Service FY 91 (Millions) Revenue $ 51.3 Operations and Maintenance (24.9) Purchase of Water (13.0) Equity Funding ( 2.0) Debt Service (14.5) TOTAL $(54.4) Revenue Deficiency $( 3.1) - 4 - C I T Y M A N A G E R tS B R I E F I N G WATER AND SEWER RATES ITEM # 32094 (Continued) Mr. Warn5taff advised Counci lwoman Parker the City of Norfol k sel I s water to Virginia Beach and some water to Chesapeake. The City's water rates tend to be higher than other Cities with the exception of Cnesapeake. Virginia Beach is in the Coastal Plain area and thus it is very expensive to bring in raw water, which i5 reflected in the cost of the Lake Gaston Project. Virginia Beach is a young City. The water system in existence has been built within the last ten to twelve years. Debt, of course, is associated with this system. Utility Systems are designed to last fifty or more years. Debt i s us ua I I y pa !d of t in twenty to twenty-five years. The cost to treat water in the decade of the nineties will be increased more than ever and this Is driven by changes in Federal Law. Water and Sanitary Sewer CIP Influences Public Health Concerns Environmental Concerns Neighborhood Needs Highway Progran Coordination System Needs Funding Water & Sewer Rate Increases Public Utilities Department CIP Projects Water Projects 71 Sanitary Sewer Projects 52 Total NLnber of Projects 123 Estimated Cost (Millions): $365.0 33% of City Program Financing to Date $288.3 Five Years 90-94 $ 76.7 With reference to the Water Program, there are 71 specific CIP Projects with 15 neighborhood projects in CIP 5-306. Relative the Sanitary Sewer Program, there are 52 CIP Projects. The I ist of the Neighborhood Sewer Program Projects does not incl ude Sandbridge In accordance with City Councills deletion. With adoptlon of the Rate Increase: Continue CIP $10.3-MILLION in FY 89 can be sold $8.9-MILLION in FY 90 can be sold Maintain financial integrity Timely improvernents Extend the public system - 5 - C I T Y M A N A G E R 'S 8 R I E F I N G WATER AND SEWER RATES ITEM # 32094 (Continued) The Util lty Enterprise Fund Is sel f-contained and sel f-supporting. Tax revenues are not received from the City to subsidize the operations. As per request of Councilman Nbss, information w! I I be provided rel ative cost reduction initiatives, trends, productivity, maintenance, labor costs (overtime, et cetera) . Counci Iman Moss advised $24.90-MILLION is considerable for Operations and Malntenance. Cost needs to be examined as closely as raising fees. - 6 - C ON C E R N S OF T HE MAYOR ITEM # 32095 Mayor Oberndorf qdvised the City of Virginia Beach won the Public Technology Award for a Methane Resource Recovery Plan. This National Award is in recognition of the City's sensitivity to environmental concerns and the ability to heat 10,000 homes with 150,000 barrels of oil a year. Thus, protecting the ozone layer and generating $20,000 revenue per year for the City's General Fund. This is accomplished by capturing the Methane Gas being emitted from Mount Trashmore II. A hazardous substance "s converted into a safe, non- polluting fuel source. TTEM # 32096 Mayor Oberndorf referenced the publication "City & State" of November 20, 1989. Virginia Beach was rated as number 19 in the Top 50 Cities Fourth Annual City Financial Report. - 7 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32097 Councilman Baum referenced mail received in the City Council boxes. Councilman Baum requested the source of the material be identified by the City Manager's and City Clerk's office. Perhaps, this material could be stamped "Requested by" -- followed by the name of the particular individual or department. ITFAM # 32098 Councilman Baum inquired if the City is proposing to act on the Chesapeake Bay Preservation Act. Thomas Martinsen, Deputy City Manager, advised this item is being considered by the Planning Commission and should be brought to the City Council within approximately four weeks. Councilman Baum believed this defeated the purpose, if same is not acted on prior to the consideration of the Transfer of Development Rights. The City Manager advised the SCHEDULING of this action is entirely up to the City Council. ITEM # 32099 Councilman Baum referenced the newspaper article related to the City appealing the decision of the Court concerning the latest downzoning case. The City Manager advised this item will be brought forward for discussion. TTEM # 32100 Vice Mayor Fentress advised the Statement forwarded to Members of City Council in their Agenda Package was NOT a Statement of Dr. E. E. Brickell, but rather Dr. Joe E. Buchanan. ITEM # 32101 Vice Mayor Fentress referenced the article in The Virginia Observer of December 1, 1989, relative George Hamar, who recanes old rataan chairs at his home. Mr. Hamar is not the next door neighbor of Vice Mayor Fentress' sister. Vice Mayor Fentress does not have a sister. Vice Mayor Fentress has requested the Department of Permits and Inspections investigate the area of home businesses. Mr. Hamar objects to paying for the process of a Conditional Use Permit. Councilman Perry advised he has known George Hamar for approximately thirty (30) years. Councilwoman Henley believed it was the City's responsibility to clarify an accessory use and a principal use as opposed to a Conditional Use. This case is similar to the application of RICHARD G. AND TRACEY L. CARNER for a CONDITIONAL USE PERMIT for a home occupation (leather crafting) APPROVED by City Council on October 23, 1989. Mayor Oberndorf believed where there were differences of opinion in a neighborhood relative appropriateness, the citizens should be aware of the implications of a redefinition. Mayor Oberndorf requested clarification. If the verbiage is adjusted will it just apply to a certain age group or will it be across the Board? Mayor Oberndorf requested information concerning the number of cases similar to this one, which are pending and the neighborhoods, so these individuals might expect the same concern and treatment. The City Attorney, advised any definition must be an across-the-board definition which would affect the general public at large. As per Councilwoman Henley's suggestion, the City Attorney advised the procedure might be similar to the administrative approval of an encroachment. If certain criteria applies to the administrative procedure, the application would not have to come before City Council. The City Manager will SCHEDULE a BRIEFING for City Council. - 8 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32102 Councilman Moss referenced the article in today's newspaper, December 4, 1989, and a citizen's concern relative same. The Central Business District Plan being proposed is well below the capacity of the current zoning. Councilman Moss believed there was misunderstanding relative the function of TRANSFER OF DEVELOPMENT RIGHTS. Prior to the adoption of the actual TDR ordinance, Councilman Moss requested a discussion of the Receiving Areas. ITEM # 32103 Councilwoman McCianan requested discussion relative the borrow pit being filled in the Homestead area. The City Manager advised a report is forthcoming. Mayor Oberndorf advised of concerns relative the 120-foot buffer and the road not being opened at the end of the Homestead development. ITEM 32104 Councilwoman Parker referenced the information relative the Surfside at Sandbridge Sewerage Treatment Plan and the desire for City Council's action. ITEM 32105 Councilwoman Henley reminded Members of City Council relative the Land Use Seminar "INNOVATIVE GROWTH MANACEMENT TECHNIQUES" scheduled for December 7 and 8, 1989 at the Cavalier Hotel and requested those Members of City Council who will be attending to please advise Robert Matthias, Inter-govenmental Relations Co-ordinator. ITEM # 32106 Councilman Perry again referenced the cars supposedly for sale on a lot on the corner of Baker Road. - 9 - ITEM # 32107 The INFORMAL SESSION of the VIRGINIA BEACH CITY COLINCIL was cal led to order by @yor Nbyera E. Oberndorf in the Conference Roorn, City Hal IBuilding, on Mc)nday, December 4, 1989, at 12:20 P.M. Council Members Present: Albert W. Balko, John A. Baun, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 10 - ITB4 # 32108 Mayor Wyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the fol lowing purposes: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for ernployment, assignment, appo intment, promotion, perforTnance, dernotion, salaries, disciplining, or resignation of specific pub I ic of f Icers, appo intees or ernpl oyees pursuant to Section 2. 1-344 (A) (1 ) . (1) Personnel Eval uations : City Clerk, City Assessor (2) Appointments: Boards and Commissions - Terms E)<plre 12/31/89. 2. PUBLICLY FELD 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 the plans for the future of an institution which could affect the value of propertyowned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) School Site Acquisition. 3- LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable I ltigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2. 1-344 (A) (7). Actual Or probable litigation or other specific legal matters are the following: (1) TCM Associates and Teachey v. City of Virginia Beach. Upon mot i on by V i ce Ma yor Fen tress , second ed by 00 unc I I man Moss, C i ty Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Wmbers Voting Aye: Albert W. Balko, John A. Baun, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Wyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Mefnbers Voting Nay: None Council Members Absent: None - 11 - F OR MA L S E S S I ON VIRGINIA BEACH CITY COLJNCIL Decernber 4, 1989 2: 00 P. M. Veyor %yera E. Oberndorf cal lad to order the FOF44AL SESSION ot the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hal I Building, on Monday, December 4, 1989, at 2:00 P.M. Council %mbers Present: Albert W. Balko, John A. BaLfn, Vice Voyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Nbyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Mernbers Absent: None INVOCATION: Chaplain Frank Mintjal, USN Oceana Naval Air Station PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LINITED STATES OF AMERICA - 12 - Item IV-D.l. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32109 Upon motion by ()o unc! I man Baum, seconded by Co unc i I man Sessoms, Ci ty C<) unc i I ADOP'rED: CERTIFICATION OF EXECUrfVE SESSION On] y pub l ic bus i ne ss matters I awf uII y ex em pted f rorn open %eting requirements by Virginia law were d i sc ussed in E)<ecutive Session to which this certification resolution applies; AND, Only such public business matters as were identified In the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice @yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Veyor %yera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Mernbers Absent: None lKrtl,ulu toll CERTIFICATION OF EXECUTIVE SESSIOt4 VIRGINIA BEACH CITY COUNCIL WHEREAS: The Vi@gi.ia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Sessio, was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business ,atters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. MOTION; Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL HATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees pursuant to Section 2.1-344(A) (1). (1) Personnel Evaluations: City Clerk, City Assessor, City Assessor (2) Appointments: Boards and Commissions - Terms Expire 12/31/89. 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 the plans for the future of an institution hich could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) School Site Acquisition. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) TCM Associates and Teachey v. City of Virginia Beach. VOTE: 11-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert E. None Fentress, Harold Heischober, Barbara @l. Henley, Reba S. McClanan, John D. Moss, !,f,-,yor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Sr. Council Members ABSTATNING: Council Members ABSENT for the Vote: None None Council Mernbers ABSENT for the Meeting: None R.lh Hodgs mth, CMC/AAE City Clerk - 13 - Item IV-E.I. MINUTES ITEM # 32110 Upon motion by Vice @yor Fentress, seconded by Councilman Heischober, City Council APPROVED the MINUTES of the PUBLIC HEARING SCHOOL BOARD APPOINTMENTS of Novernber 15, 1989, and the INFOR4AL AND FOR4AL SESSFONS of November 20, 1989. Voting: 11-0 Oouncil Members Votlng Aye: Albert W. Balko, John A. BaLfn, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Mayera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. C)ouncil Mernbers Voting Nay: None Council Members Absent: None - 14 - Item IV-F.I.a ORDINAWE ITEM # 32111 CAPITAL IMPROVEMENT PROGRAM Colonel Robert E. Engesser, 5290 Vestry Drive, Phone: 499-3157, distributed to Members of City Councll a request to the City Treasurer to be excused from paying real estate taxes. Major Dan Divinney, 1048 Beivoir Lane, Phone: 424-3571, President of Lake James Horneowners Association - OPPOSED to Relocation of Centervil le Turnpike. Charles P. Lane, 308 Teal Crescent, Phone: 721-3658, represented the Sandbridge Sewer Committee - SUPPORTED Sandbridge Sewers. Mol ly Brown, 2232 Sandbridge Road, Phone: 721-5011, represented Friends of Back Back 'Save our Sandbridgel - OPPOSED to Sandbridge Sewers Helen WDonald, 2360 Sandfiddler Rc)ad, Phone: 426-6653 - SUPPORTED Sandbridge Sewers. Maxine C. Graham, 3057 Sandpiper Road, Phone: 721-3000 - SUPPORTED Sandbridge Sewers. Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED, upon SECOND READING: Ordinance upon SECOND READING to adopt the FY 1989-90/FY 1993-94 Capital lmproveinent Program and to appropriate $139,636,771 for the FY 1989-90 Capital Budget subject to funds being provided from various sources set forth therein. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice Veyor Robert E. Fentress, Harold Heischober*, Barbara M. Henley, Reba S. McClanan,** John D. Moss,*** Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wi I 1 i am D. Sessoms, Jr. C)ouncil Members Voting Nay: None Council Members Absent: None 1 5 Item IV-F.l.a ORDINANCE ITEM # 32111 (Continued) CAPITAL IMPROVEMENT PROGRAM The City Attorney advised Councilwoman McCianan the CAPITAL IMPROVEMENT PROGRAM with the ADOPTION will be In place to fit In with the Conditional Zonlng Ordlnance. Robert Scott, Director of Planning, and Gary Fentress, Assistant City Attorney, have been endeavoring to determine the method Conditional Zoning w! I I mesh with the CIP and the proffer process, as wel I as the Comprehensive Plan. Information wi I I be presented during the December 11, 1989, City Council Session. Councilman MC)ss again advised Page 43 (ROADWAYS), PROJECT 2-045 Military Highway shall be MODIFIED TO DELETE the Phase: "Includes a flyover ranp from southbound Milltary Highway to eastbound Indian River Road". This was APPROVED upon FIRST READING of the CIP (November 20, 1989). *Councilman Heischober, pursuant to Virginia Conflict of Interest Act Section 2.1-639.14G of the Code of Vlrginia, VEFEALLY ABSTAINED on the Constitution Drive and Salem Road Project as he is the owner of property at 4372 Holland Road, which may be affected by said transactions. (Said letter Is hereby made a part of the proceedings.) **Councilwoman McClanan voted a VERBAL NAY on the Constitution Drive Flyover Project. ***Councilman Voss voted a VERBAL NAY on the Courthouse Elementary School (Adminlstration Annex) Project. ****The NAY votes of Council Members Baun, McClanan and Perry to the DELETION of Sandbridge Sewers (Project No. 6-931), from the CAPITAL IMPROVE)4ENT PROGRAM funding on the FIRST READING of the CIP (November 20, 1989) shall again be reflected In the vote of the ADOPTION of the CIP. *****The City Clerk referenced Councilman Moss's letter of Nbrch 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with the Virginia Beach School System, he is able to review, make recornmendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest. (Said letter is hereby made a part of the proceedings.) Item #1 I AN ORDINANCE TO ADOPT THE 2 FY 1989-90/FY 1993-94 CAPITAL 3 IMPROVEMENT PROGRAM AND TO APPROPRIATE 4 $139,636,771 FOR THE FY 1989-90 5 CAPITAL BUDGET SUBJECT TO FUNDS BEING 6 PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN 7 WHEREAS, the City Manager, on September 11, 1989, presented to City Council the 8 Capital Improvement Program for fiscal years 1990-94, 9 WHEREAS, City Council held public hearings on the program to provide for public 10 comment, 1 1 WHEREAS, based on public comment, City Council has determined the need for the 12 projects in the Capital Improvement Program, 13 WHEREAS, it Is necessary to appropriate funds for the projects underway or beginning in 14 the 1989-90 fiscal year as set forth in said Capital Improvement Program. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 Section 1: That the program for the construction of, or addition to capital facilities 18 identified for fiscal year 1989-90 through 1993-94 is hereby adopted and that projects listed herein are 19 approved as capital projects. 20 Section 2: That the projects shall be financed from funds to be appropriated periodically 21 by City Council, and until funds are so provided, the projects are for planning purposed only and may be 22 deleted, altered, or rescheduled in any manner at any time by City Council. 23 Section 3: That funds in the amounts aggregating $139,636,771 for capital projects 24 underway or beginning in the 1989-90 fiscal year as set forth in said Capital Improvement Program are 25 hereby appropriated, subject to the conditions set forth, as follows: 26 CAPITAL PROJECT APPROPRIATION 27 SCHOOL PROJECTS: 28 1-003 Kellam High School Modernization $ 2,050,000 29 1-006 Various Schools Site Acquisition 2,000,000 30 1-011 London Bridge Road Area Elementary School 8,116,000 31 1-020 Landstown Municipal Properly Utility Upgrade Design 150,000 32 1-022 West Kempsville Area High School 23,448,000 33 1-026 Elementary School Gymnasium Additions 9,450,000 34 1-970 School Bus Maintenance Facility 150,000 35 1-973 Various School Roofing - Phase 11 225,000 36 1-974 Williams Elementary School Renovation 73,000 37 1-977 Elementary Schools Window Replacements 160,000 38 1-978 Career Development Center Sewer Pump Station 39 Renovation 125,000 40 1-982 Farmers' Market/Green Run Area Elementary and 41 Middle School 19,931,000 42 1-991 Bayside High School Modernization 3,383,000 43 TOTAL SCHOOL PROJECTS $ 69,261 @000 44 ENGINEERING AND HIGHWAY PROJECTS: 45 Roadway Pro'ects: 46 2-007 Constitution Drive $ 198,889 47 2-036 Roadway Advanced Land Acquisition 250,000 48 2-037 Landstown Road 50,000 49 2-039 Dam Neck Road - Phase 1 15,107,868 50 2-040 West Neck Bridge 135,765 51 2-041 South Plaza Trail Bridge 534,772 52 2-042 Mill Dam Bridge 656,351 53 2-071 Dam Neck Road - Phase 11 107,773 54 2-075 Rosemont Road - Phase IV 1,490,100 55 2-078 Courthouse Loop - North 530,000 56 2-080 Indian River Road - Phase V 173,887 57 2-081 Tidewater Community College Offsite Access 58 Improvements 834,200 59 2-084 Milftary Highway 76,000 60 2-086 South Plaza Trail 33,548 61 2-096 Ferrell Parkway -Phase V 1,000,000 62 2-121 Roadway Impact Reduction Program 200,000 63 2-129 Elbow Road Bridge 100,000 64 2-132 London Bridge Road Extended 120,000 65 2-134 Flanagan's Lane 300,000 66 2-135 Lynnhaven Drive 236,000 67 2-141 Economic Development Investment Program 1,300,000 68 2-810 Centerville Turnpike - Phase ]A 81,000 69 2-816 Traffic Safety Improvements 1,002,000 70 2-820 Princess Anne Road - Phase Ill 1,428,582 71 2-831 Independence Boulevard - Phase Ill 2,433,060 72 2-833 First Colonial Road - Phase Ill 25,000 73 2-837 Various Cost Participation Projects 50,000 74 2-929 Virginia Beach Boulevard - Phase Ill 312,528 75 2-946 Gracetown Area Street Improvements 747,661 76 2-980 Seatack Streets - Phase IIA 946,623 77 2-987 Independence Boulevard - Phase IV 1,722,844 78 Total Roadway Projects $ 32,183,451 79 Stormwater Pro4ects: 80 2-017 City Stormwater Management Study $ 100,000 81 2-018 Rudee Inlet Bulkhead 27,089 82 2-020 Various Drainage Improvements 200,000 83 2-110 Southhall Quarter Drainage 246,000 84 2-113 NPDES Stormwater System Permit Application 1,150,000 85 2-117 Wolfsnare Ditch Improvements 232,875 86 2-712 Dredging Eastern Branch Lynnhaven River 200,000 87 2-800 Lynnhaven Colony Drainage 30,000 88 2-815 Stumpy Lake Hydraulic Study and 89 Drainage Improvements 134,482 90 2-819 Ocean Park Storm Drainage - Phase 11 229,186 91 2-823 Salem Canal Improvements 2,400,368 92 2-909 Canal #2 - Phase 11 90,000 93 3-933 Landfill #2 - Expansion 300,000 94 Total Stormwater Projects $ 5,340,000 95 Bikeway Pro'ects: 96 2-068 Various Bikeway Improvements $ 322,337 97 Total Bikeway Projects $ 322,337 98 Resort Area Pro'ects: 99 2-049 Reson Streetscape Improvements $ 1,222,060 100 2-051 Resort Parking Improvements 370,000 101 2-054 City Gateway Project 300,000 102 2-067 Resort Streetscape Demonstration Projects 2,297,109 103 Total Resort Area Projects $ 4,189,169 104 TOTAL ENGINEERING AND HIGHWAYS PROJECTS $ 42,034,957 105 BUILDING PROJECTS: 106 3-002 Marine Science Museum Expansion Design $ 500,000 107 3-304 Princess Anne Library 108,841 108 3-910 Kempsville Public Safety and Library Services 109 Expansion 453,540 110 3-944 Fire Station - Ltttle Neck 466,168 ill 3-954 Fire Station - Diamond Springs 752,769 112 3-967 Correction Center Addition 1,100,000 113 3-968 Fire Station - General Booth 1,286,103 114 3-973 Percent for Arts Program 63,111 115 3-977 Judicial Center 1,600,000 116 3-980 Farmers' Market Parking Lot Expansion 37,000 117 3-984 Juvenile Detention Facility 459,750 118 3-987 Courthouse School Renovation 150,000 119 3-989 Refuse Collection and Garage Facility 1,441,064 120 3-992 Pendleton Child Service Center Relocation 357,282 121 3-993 Dome - Safety Improvements 163,660 122 TOTAL BUILDING PROJECTS $ 8,939,288 123 PARKS AND RECREATION PROJECTS: 124 4-917 Red Mill Farms Park $ 208,498 125 4-929 Middle Plantation Park 138,075 126 4-936 Recreation Office and Storage Facility at School Sites 245,362 127 4-939 Neighborhood Park Acquisition and Development 250,000 128 4-947 Park Reservation Acquisition and Development 250,000 129 4-948 Scenic Waterways Improvements 200,000 130 4-949 Existing City Property - District/Community Park 131 Development 786,400 132 4-950 Currently Owned But Undeveloped Neighborhood Park 133 Improvement - Backlog Reduction 402,500 134 TOTAL PARKS AND RECREATION PROJECTS $ 2,480,835 135 TOTAL GENERAL IMPROVEMENT PROJECTS $ 122,716,080 136 WATER UTILITY PROJECTS: 137 5-001 Virginia Beach Boulevard - Phase Ill $ 165,000 138 5-004 Dam Neck Tank 550,000 139 5-006 Dam Neck Road - Phase 11 120,000 140 5-037 Indian River Road - Phase IV 100,000 141 5-039 Broad Bay Colony - 51% Type 30,000 142 5-043 Baxter Road Connector 10,000 143 5-044 Independence Boulevard - Phase IIA-2 269,000 144 5-045 Independence Boulevard - Phase Ill 151,000 145 5-049 Woodland - 51% Type 477,000 146 5-050 Reon - 51% Type 300,000 147 5-051 Robbins Corner (2) - 51% Type 170,000 148 5-052 Lfttle Haven - 51% Type 345,000 149 5-053 Witchduck Point - 51% Type 535,000 150 5-054 Alfriends Trail - 51% Type 95,000 151 5-055 Garnet Point - 51% Type 50,000 152 5-056 Thoroughgood - 51% Type 175,000 153 5-057 Lynndale Estates - 51% Type 150,000 154 5-058 Green Hill Farms - 51% Type 65,000 155 5-059 Witchduck Road - 51% Type 60,000 156 5-060 Holland Road/Counhouse Forest - 51% Type 230,000 157 5-061 Northampton Boulevard - Phase 1 32,000 158 5-062 Ferrell Parkway - Phase V 8,000 159 5-063 Birdneck Pump Station 60,000 160 5-065 Nimmo Pump Station 200,000 161 5-304 Small Line Improvements 100,000 162 5-306 Water Request and Agreement Projects 249,691 163 5-820 Plaza Park Tank 100,000 164 @32 Comprehensive Water Study 100,000 165 5-833 Various Highway Projects 210,000 166 5-835 Lynnhaven Pump Station Modifications 185,000 167 5-921 London Bridge Road - Phase 1 256,000 168 5-962 Burton Station Area 266,500 169 5-966 Atlantic Avenue Improvements 700,000 170 5-967 Cavalier Park/Linkhorn Point 190,000 171 5-973 First Colonial Road - Phase Ill 172,000 172 WAT : (concluded) 173 5-980 Shore Drive Pump Station Modification $ 125,000 174 5-996 Dam Neck Road - Phase 1 1,735,000 175 TOTAL WATER UTILITY PROJECTS $ 8,736,191 176 SEWER UTILITY PROJECTS: 177 6-003 Landstown Road $ 25,000 178 6-004 Landstown Municipal Properly 62,000 179 6-005 First Colonial Road - Phase Ill 40,000 180 6-316 Various Sewer Projects 700,000 181 6-605 Pump Station Modffications 400,000 182 6-824 Various Highway Projects 120,000 183 6-922 Burton Station 818,500 184 6-925 Atlantic Avenue Improvements 480,000 185 6-934 Bay Colony 800,000 186 6-935 Broad Bay Colony 1,500,000 187 6-937 Aragona Rehabilitation 500,000 188 6-938 Princess Anne Plaza Rehabilitation 425,000 189 6-939 Comprehensive Sewer Study 600,000 190 6-942 Great Neck Point 800,000 191 6-962 Timbedake Force Main 75,000 192 6-963 Dam Neck Road - Phase 1 120,000 193 6-970 Virginia Beach Boulevard -Phase Ill 15,000 194 6-973 Alfriends Trail 190,000 195 6-978 Indian River Road - Phase IV 22,000 196 6-989 Independence Boulevard -Phase Ill 207,000 197 6-990 Holland Utilities 130,000 198 6-991 Dam Neck Road - Phase 11 45,000 199 6-996 Robbins Corner 110,000 200 TOTAL SEWER UTILITY PROJECTS $ 8,184,500 201 TOTAL WATER AND SEWER UTILITY PROJECTS $ 16,920,691 202 TOTAL APPROPRIATIONS 636 771 203 To be funded from the following sources: 204 General Appropriations $ 23,002,979 205 1989 Charter Bonds 29,200,000 206 1989 School Referendum 68,375,000 207 Water and Sewer Fund 7,980,691 208 Revenue Bonds 8,940,000 209 Revenue Sharing 700,000 210 State Contribution 525,000 211 Federal Contribution 488,101 212 Other 425,000 213 TOTAL $ 139,636,771 214 Amounts appropriated above amend any 1989 - 1990 fiscal year allocations previously 215 authorized in the FY 1989-90 Operating Budget adopted by the City Council on May 15, 1989. 216 Section 4. That the Resort Program Capital Project Fund shall be used for the purpose of 217 accounting for the revenues, appropriations, expenditures, and encumbrances associated with the resort 218 area capital improvement program. 219 Section 5. The rapital project funds appropriated in prior fiscal years are to be 220 reallocated in accordance with said Capital Improvement Program as follows: 221 ROADWAY PROJECTS: 222 TRANSFER TO: 223 2-006 Baxter Road Widening $ 623,413 224 2-034 Pavilion Drive - South 5,000 225 2-036 Roadways Advanced Land Acquisition 149,000 226 2-065 Indian River Road - Phase IV 737,412 227 2-091 Independence Boulevard - Phase IIA-2 400,000 228 2-098 Princess Anne Road - Seaboard Road Intersection 54,000 229 2-119 Princess Anne Road at Post Office 272,364 230 2-134 Flanagan's Lane 800,000 231 2-135 Lynnhaven Drive 114,000 232 2-412 Virginia Beach Boulevard - Phase 1 70,000 233 2-925 Northampton Boulevard - Phase 1 56,429 234 2-935 Lynnhaven Parkway - Phase V 903,863 235 TOTAL TRANSFERS TO: $ 4,185,481 236 TRANSFER FROM: 237 2-021 Rural Road Improvements $ 800,000 238 2-055 London Bridge Road - Phase IV 201,295 239 2-061 Lynnhaven Parkway - Phase VII 581,803 240 2-063 Ferrell Parkway - Phase IC 1,049,467 241 2-064 Independence Boulevard - Phase IIA 1,068 242 2-070 Northampton Boulevard - Phase 11 12,240 243 2-830 Rudee Inlet Dredging 55,000 244 2-836 Haygood Road 200,000 245 2-901 Holland Road - Phase IV 255,851 246 2-910 General Booth Boulevard - Phase 11 48,575 247 2-933 Lynnhaven Parkway - Phase VI 100,000 248 2-962 Pungo Fe@ Road Bridge 17,711 249 2-707 Princess Anne Road - Phase 11 854,229 250 2-025 Master Street and Highway Plan Update 8,005 251 2-977 Pennsylvania Overpass Bridge 237 252 TOTAL TRANSFERS FROM $ 4,185,481 253 STORMWATER PROJECTS: 254 TRANSFER TO: 255 2-712 Dredging Eastern Branch Lynnhaven River $ 200,000 256 TOTAL TRANSFERS TO $ 200,000 257 TRANSFER FROM: 258 2-MO Rudee Inlet Dredging $ 200@000 259 TOTAL TRANSFERS FROM $ 200,000 260 BUILDING PROJECTS: 261 TRANSFER TO: 262 3-968 Fire Station - General Booth $ 24,816 263 3-988 Pungo - Blackwater Library/Police Station 109,658 264 TOTAL TRANSFERS TO $ 134,474 265 TRANSFER FROM: 266 3-945 Fire Station - London Bridge $ 134,474 267 TOTAL TRANSFERS FROM $ 134,474 268 PARKS AND RECREATION PROJECTS: 269 TRANSFER TO: 270 4-913 Great Neck Park Development - Phase 1 127 74 271 TOTAL TRANSFERS TO 127 745 272 TRANSFER FROM: 273 4-932 Munden Point Bulkheading $ 45,822 274 4-946 Rosemont Forest Area Park Site 30,000 275 4-927 Kempsville Recreation Center Air Conditioning 51,923 276 TOTAL TRANSFERS FROM $ 127,745 277 WATER AND SEWER UTILITY PROJECTS: 278 TRANSFER TO: 279 5-041 Bells Road - Birdneck Road $ 1,125,000 280 5-061 Northampton Boulevard - Phase 1 84,000 281 5-836 Landstown Yard Improvements 50,000 282 5-939 Kempsville Suction - Phase 11 50,000 283 6-316 Various Sewer Projects 514,771 284 6-605 Pump Station Modffications 100,000 285 6-824 Various Highway Projects 98,000 286 6-928 Cavalier/North Linkhorn Park 1,235,000 287 TOTAL TRANSFERS TO $ 3,256,771 288 TRANSFER FROM: 289 5-M 3Larkspur - 51% Type $ 250,000 290 5-021 Lakeview Park - 51% Type 218,000 291 5-022 Great Neck Point - 51% Type 70,000 292 5-025 Alanton - 51% Type 475,000 293 6-932 Lakeview Park 550,000 294 6-943 Linkhorn Point 245,000 295 6-964 Baxter Road 220,000 296 5-008 Trantwood Shores - 51% Type 65,111 297 5-009 Woolfsnare Plantation - 51% Type 140,000 298 5-010 Great Neck Estates - 51% Type 100,000 299 5-023 Lakeside Drive/Poplar Point - 51% Type 53,000 300 5-026 Bellamy Manor - 51% Type 100,000 301 @33 Weaverville - 51% Type 45,000 302 5-617 Queen Cfty Area 5,000 303 5-963 Reedtown Area 12,000 304 5-978 Indian Lakes Boulevard 25,000 305 6-923 Reedtown 90,000 306 6-929 Elizabeth River Shores 60,000 307 6-952 Lakeside Drive/Poplar Point Road 10,000 308 6-969 Old Dam Neck Road/DaVinci Sewer 18,000 309 6-974 Hawkins Lane - 51% Type 26,000 310 5-992 Holly Road/48th Street Main 65,000 311 5-957 Diamond Springs Road Main 2,412 312 6-965 Princess Anne Road-4900 Block 14,476 313 5-007 Kempsville Colony - 51% Type 60,147 314 5-012 Woodhurst - 51% Type 47,812 315 5-712 Sandbridge Road Main 74,667 316 5-981 Bayside/Diamond Springs Road 30,367 317 6-808 Gatewood Park 146,244 318 6-977 Haygood Road 38,535 319 TOTAL TRANSFERS FROM $ 3,256,771 320 Section 6. That the lease-purchase financing for the London Bridge Fire Station and the 321 Stumpy Lake Fire Station projects be replaced with financing from fund balance in the foilowing amounts: 322 3-945 Fire Station - London Bridge $ 1,229,098 323 3-912 Fire Station - Stumpy Lake 690,213 324 Total $ 1,919,311 325 Section 7. That the lease-purchase financing for the Judicial Center project be reduced 326 by $753,679 to reflect the financing plan previously approved by Council. 327 Section 8. That the Resort Program projects be reduced in the following amounts to 328 reflect a reduction in estimated revenues for FY 1988-89: 329 2-048 Boardwalk Revftalization $ (320,000) 330 2-049 Resort Streetscape Improvements (21,263) 331 2-051 Reson Parking Improvements (100,000) 332 2-056 Museum Park/Nature Area (50,000) 333 2-057 Ocean Walk (20,000) 334 2-066 Oceanfront Connector Park (300,000) 335 Total $ (811,263) 336 Section 9. That additional appropriations and the addition of capital projects shall not be 337 initiated except with the consent and approval of the City Council first being obtained. 338 Section 10. That the restriction with respect to the expenditure of funds appropriated 339 shall apply only to the totals of each project class. 340 All contracts awarded for approved and appropriated capital projects, exclusive of school 341 projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of 342 work on the contract. 343 Section I 1. That this ordinance shall be in effect from and after the date of its adoption. 344 Section 12. That if any part or parts, section or sections, sentences, clauses, phrases of 345 this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect 346 the validity of the remaining portions of this ordinance. 347 Adopted by the Council of the Cky of Virginia Beach, Virginia on the 4day of 348 December 1989. 349 Approved: 350 351 Mayor, City of Virginia Beach, Virgini'a 352 First Reading: November 20, 1989 353 Second Reading: December 4, 1989 Cit@ (Df OFFICE OF THE CITY MMAGER MUNICIPAL CENTER (804) 427-12@2 VIAGINIA BEACH, VIRGINIA 23456-9Wl FAX (eN) 427-1135 November 20, 1989 TO: The Honorable Mayor Members of Council ei FROM: Aubrey V. Watts, Jr!', City Manager SUBJECT: CIP - Council Direction to Staff This memo will recap staff's understanding of directives received to date on CIP-related items. These items relate to matters of project or program implementation raised by Council during the workshops and do not impact resource allocations in the current CIP cycle. No Council votes are needed or requested. 1. Military Highway Project - Staff will work with the ttate to delete the "flyover." The project will be constructed without any elevated components. 2. Centerville Turnpike Project - A berm will be included in the design and construction of the first phase. 3. Bikeway Program - staff will proceed with an aggressive update of the bikeway plan and will work to promptly finalize neighborhood, Virginia Power and other issues. 4. West Neck Bridge Project - This project will include parking and canoe launching facilities. 5. Staff will continue to follow up on the Green Run Open Space development project and will provide a report prior to action being taken. By copy, I am directing the responsible agency to insure compliance with the above. HAROLD HEISCHOBER COUNCILMAN-AT-LARGE 4372 HOUAND ROAD VIRGINLA BEACH, VIRGINIA 23452 (804) 499@ Novoinbl@ 20, 1989 (804) 464-4910 -C Rilth I-Iodges Smith, CitY Clerk C5.ty Clerk's Office Municipal Ceiiter virgi-nia Beach, Virginia '@3456 Re: Di.sclosure Pursuant to SS 2.1-639.14(G) of the Code of Virginia Dear Mrs. Smith: Pi.irsuant to the Virginia Conflict of Interest Act, 5 2.1- 639.14(G) of the Code of Virginia, I make the following declaration: 1. The transactions for which I am executing this written disclosure are the Constitution Drive project in the 1989 Capital IlliProvement Program and the Ordinance authorizing 1989 general ,:)bligation bonds; the Salem Road project in the 1989 capital .linpro,.remenr- Program and the C)rdinancc authorizing 1989 spccial road bonds. 2. The nature of my personal interest is that I am the owner of property located at 4372 Holland Road, which may be affected by the transactions listed above. as a inember of the general public, which groups are Road as well a 3. 1 - a member of a group of property owners on Holl nd affected by the transactions. 4. T am able to participate in the above-referenced transactions fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this (ieclaration in the official records of the City council. I have ,-ilso ericlosed an opinion letter from Lcslie L. Lilley, City Attorney, which addresscs thesc same matters. Thank you for your assistance and cooperation in this matter. JOHN 0. MOSS 4021 GLEN ROAD COUNCILMAN vinGINIA BEACH, VIFIGINIA 23452 KEMPSVILLE SOFIOUGH (804) 490-0318 March 30, 1988 Mrs. Ruth Hodges Smith, CMC City Clerk Municipal Center Virginia Beach, VA 23456 Re: School Board Budget Dear Mrs. Smith: Pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., I make the following declaration: 1. As a member of the City Council of the City of Virginia Beach, I have a duty and responsibility to the citizens of Virginia Beach to review, make recornmendations and approve or deny the School Board budget, and I intend to carry out said duties as fairly and faithfully as I can; and 2. Pursuant to the State Conflict of Interests Act prior to taking any action on the School Board budget, I am disclosing that my wife is a teacher in the Virginia Beach school system; and 3. My wife, as a teacher in a profession, occupation and group along with several hundred other teachers, could possibly be affected by City Council's vote on the School Board budget; and 4. 1 am able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest even though my wife@ is one of many teachers within the school system. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. v ours, r JDM/CJS/awi cc: Paul A. Sciortino, Commonwealth Attorney 1 6 Item IV-F.I.b ORDINANCE ITEM # 32112 Upon motion by Counci Iman Heischober, seconded by Vice %yor Fentress, City Counc II ADOPTED, upon SECOND READING: Ordinance authorizing the i ssuance of General Obl Igation Bonds of the City of Vi rg in la Beach, Virginia, in the max!mlrn amount of $8,000,000 for Road, Hfghway and Bridge purposes. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. BaLyn, Vice Voyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McC[anan, John D. Moss, Mayor @yera E. Oberndorf, Nancy K. Parker John L. Perry and William D. Sessoms, Jr. C)ouncil Members Voting Nay: None Council Members Absent: None Item #3 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 2 GENERAL OBLIGATION BONDS OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM 4 AMOUNT OF $8,000,000 FOR ROAD, HIGHWAY, 5 AND BRIDGE PURPOSES 6 WHEREAS, the City of Virginia Beach, Virginia, may issue up to $8,000,000 of general 7 obligation bonds In any calendar year for road, highway, or bridge purposes without submitting the 8 question of their Issuance to the qualified voters provided that the City has met the requirements of 9 Section 6.05:2 of the Cfty Charter; 10 WHEREAS, the City desires to authorize the issuance of general obligation public 11 information bonds for road, highway, and bridge purposes in the maximum amount of $8,000,000 without 12 submitting the question of their issuance to the qualified voters; 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 1. It is hereby determined to be necessary and expedient for the City to undertake a 16 program of road, highway, and bridge improvements, all of which will promote the public welfare of the 17 City and its inhabitants and will facilitate the orde@y growlh, development, and general welfare of the City, 18 and to finance the costs thereof through the borrowing of $8,000,000 and issuing the City's general 19 obligation bonds therefor. 20 2. Pursuant to the City Charter, including Section 6.05:2, and the Public Finance Act, 21 there are hereby authorized to be issued general obligation bonds of the City in the maximum amount of 22 $8,000,000 to provide funds, together with other funds that may be available, to undertake a program of 23 road, highway, and bridge improvements. The bonds may be issued as a separate issue or combined 24 with bonds authorized for other purposes and sold as a part of a combined issue of public improvement 25 bonds. 26 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 27 40 years from their dates, bear interest at such rate or rates not to exceed the maximum rate authorized 28 by law at the time the bonds are sold, be in such denominations and form, be executed in such manner 29 and be sold at such time or times and in such manner as the Council may hereafter provide by 30 appropriate resolution or resolutions. 31 4. That the bonds shall be general obligations of the City for the payment of principal 32 and interest on which its full faith and credit shall be irrevocably pledged. 33 5. This ordinance shall be in full force and effect from its passage. 34 Adopted by the Council of the City of Virginia Beach, Virginia on the4 day of 35 December , 1989. 36 Approved: 37 38 Mayor, City of Virginia Beach, Virginia 39 First Reading: November 20, 1989 40 Second Reading: December 4, 1989 1 7 Item IV-F.l.c ORDINANCE ITEM # 32113 Upon motion by Go unc i I man He i schober, seconded by Vice %yor Fentress, City Council ADOP'RED, upon SECOND READING: Ordinance authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, In the maximlin amount of $29,200,000 for various Public Facilities and General Improvements. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. BaLfn, Vice Mayor Robert E. Fentress, Harold Heischober,* Barbara M. Henley, Reba S. McClanan,** John D. Moss,*** Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Will lam D. Sessoms, Jr. Council Members Voting Nay: None C)ouncil Members Absent: None *Councilman Heischober, pursuant to Virginia Confl ict of Interest Act Section 2.1-639.14G of the Code of Virginia, VERBALLY ABSTAINED on the Constitution Drive and Salem Road Project as he Is the owner of property at 4372 Holland Road, which may be affected by said transactions. (Said letter is hereby made a part of the proceedings.) **Councilwoman tkCIanan voted a VERBAL NAY on the Constitution Drive Flyover Proj ect. ***Councilman Moss voted a VERBAL NAY on the Courthouse Elernentary School (Administration Annex) Project. ****The City Clerk referenced Oouncilman Nbss's letter of Nbrch 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with the Virginia Beach School System, he Is able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the pubi ic interest. (Said letter is hereby made a part of the proceedings.) item #4 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 2 GENERAL OBLIGATION BONDS OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM 4 AMOUNT OF $29,200,000 FOR VARIOUS PUBLIC 5 FACILITIES AND GENERAL IMPROVEMENTS 6 WHEREAS, the City desires to authorize the issuance of general obligation public 7 improvement bonds for various purposes in the maximum amount of $29,200,000 without submitting 8 the questions of their issuance to the qualffied voters: 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLA: 10 1. It is hereby determined to be necessary and expedient for the City of Virginia 1 1 Beach, Virginia (the City), to construct and improve various public facilities and general improvements, 12 all of which will promote the public welfare of the City and its inhabitants and will facilitate the orderly 13 growth, development, and general welfare of the City, and to finance the costs thereof through the 14 borrowing of $29,200,000 and issuing the City's general obligation bonds therefor. 15 2. Pursuant to the City Charter and the Public Finance Act, there are hereby 16 authorized to be issued public improvement bonds of the City in the ma)dmum amount of 17 $29,200,000, to provide funds, together with other funds that may be available, for following purposes: 18 School projects, including planning, design, $ 361,000 19 construction, renovation, expansion, equipping, 20 and furnishing of schools and related facilities. 21 Engineering and highway projects, including site 24,486,962 22 acquisition and improvements, design, planning, 23 construction, improvement, replacement, expansion, 24 and extension of streets, highways, and bridges. 25 Drainage projects, including dredging the Eastern 3,690,000 26 Branch of the Lynnhaven River and improvements to 27 Salem Canal. 28 Building projects, including design, planning, 453,540 29 construction, improvements, renovation, expansion, 30 equipping, and furnishing of the Kempsville Public 31 Safety and Library Services facilities. 32 Parks and Recreation projects, including planning, 208,498 33 improvement, construction, enlargement, and 34 development of new parks 35 TOTAL 200 000 36 Any amount not needed for any of such purposes may be used for any other of such 37 purposes. The bonds may be issued as a separate issue or combined with bonds authorized for 38 other purposes and sold as part of a combined issue of public improvement bonds. 39 3. The bonds shall bear such date or dates, mature at such time or times not 40 exceeding 40 years from their dates, bear interest at such rate or rates not to exceed the maximum 41 rate authorized by law at the time the bonds are sold, be in such denominations and form, be 42 executed in such manner and be sold at such time or times and in such manner as the Council may 43 hereafter provide by appropriate resolution or resolutions. 44 4. The bonds shall be general obligations of the City for the payment of principal of 45 and interest on which fts full faith and credit shall be irrevocably pledged. 46 5. This ordinance shall be in full force and effect from its passage. 47 Adopted by the Council of the City of Virginia Beach, Virginia on the 4 day of 48 December 1989. 49 Approved: 50 51 Mayor, City of Virginia Beach, Virginia 52 First Reading: November 20, 1989 53 Second Reading: December 4, 1989 CITY OF VIRGINIA BEACH, VIRGINIA SUMMARY OF PROJECTS FUNDED BY igBg GENERAL OBLIGATION BONDS SCHOOL PROJECTS: 1-020 Landstown Municipal Property Utilfty Upgrade Design $ 138,000 1-970 School Bus Maintenance Facility 150,000 1-974 Williams Elementary School Renovation 73 000 Total School Projects 361 000 ROADWAY PROJECTS: 2-007 Constitution Drive $ 198,889 2-036 Roadway Advanced Land Acquisition 85,000 2-039 Dam Neck Road - Phase 1 15,107,868 2-040 West Neck Bridge 135,765 2-041 South Plaza Trail Bridge 534,772 2-042 Mill Dam Bridge 656,351 2-075 Rosemont Road - Phase IV 1,490,100 2-080 Indian River Road - Phase V 173,887 2-096 Ferrell Parkway - Phase V 440,000 2-129 Elbow Road Bridge 100,000 2-132 London Bridge Road Extended 120,000 2-135 Lynnhaven Drive 236,000 2-810 Centerville Turnpike - Phase IA 81,000 2-820 Princess Anne Road - Phase Ill 1,368,582 2-831 Independence Boulevard - Phase Ill 1,698,376 2-833 First Colonial Road - Phase Ill 25,000 2-929 Virginia Beach Boulevard - Phase Ill 312,528 2-987 Independence Boulevard - Phase IV 1,722,844 Total Roadway Projects 4 486 962 STORMWATER PROJECT$: 2-017 City Stormwater Management Study $ 100,000 2-018 Rudee Inlet Bulkhead 27,089 2-110 Southall Quarter Drainage 246,000 2-117 Wolfsnare Ditch Improvements 232,875 2-712 Dredging Eastern Branch Lynnhaven River 200,000 2-800 Lynnhaven Colony Drainage 30,000 2-815 Stumpy Lake Hydraulic Study and Drainage Improvements 134,482 2-819 Ocean Park Storm Drainage - Phase 11 229,186 2-823 Salem Canal Improvements 2,400,368 2-909 Canal #2 - Phase 11 90 000 Total Stormwater Projects 3 690 000 BUILDING PROJECTS: 3-910 Kempsville Library and Public Safety 453 540 Total Building Projects 453 540 PARKS AND RECREATION PROJECTS: 4-917 Red Mill Farms Park 208 498 Total Parks and Recreation Projects 208 498 TOTAL 1989 GENERAL OBLIGATION BONDS $ 29,200,000 - 18 - Item IV-F.l.e ORDINANCE ITEM # 32114 Upon motion by Co unc! I man He i sc hober, seconded by VIce %yor Fen tress, CIty Council ADOPTED, upon SECOND READING: Ordinance authorizing the issuance of Water and Sewer Revenue Bonds of the City of Virginia Beach, Virginia, in the maximlffn amount of $8,940,000. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. BaLrn, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, %yor Meyera E. Oberndorf, Nancy K. Parker John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Item #5 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 2 WATER AND SEWER SYSTEM REVENUE SONDS OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, IN THE 4 MAXIMUM AMOUNT OF $8,940,000 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 1. It is hereby determined to be necessary and expedient for the City of Virginia 7 Beach, Virginia (the Cfty), to continue it program of improving and extending its water and sewer 8 system (the System) which will promote the public welfare of the City and its inhabitants and will 9 facilitate the orderly growth, development, and general welfare of the Cfty, and to finance the costs 10 thereof through the borrowing of $8,940.000 and issuing the City's revenue bonds therefor. 11 2. Pursuant to the City Charter and the Public Finance Act, there are hereby 12 authorized to be issued water and sewer system revenue bonds of the City in the maximum amount 13 of $8,940,00 to provide funds, together with other available funds, for financing the costs of improve- 14 ments to the system. 15 3. The bonds shall bear such date or dates, mature at such time or times not 16 exceeding 40 years from their dates, bear interest at such rate or rates not to exceed 15% per year, 17 be in such denominations and form, be executed in such manner and be sold at such time or times 18 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 19 4. The system is an undertaking from which the City may derive a revenue. The 20 bonds shall be limited obligations of the City, payable as to principal, premium, if any, and interest 21 solely from the revenues derived by the City from the System, and shall not be included within the 22 otherwise authorized Indebtedness of the City. The bonds shall not be deemed to create or 23 constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or 24 of any county, city, town, or other political subdivision of the Commonwealth, including the City, and 25 shall so state on their face. The issuance of the bonds and the undenaking of the covenants, 26 conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered 27 into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any 28 other politiral subdivision of the Commonwealth to levy and collect any taxes whatsoever or make 29 any appropriation therefor, except from the revenues pledged to the payment of the principal of and 30 premium, if any, and interest on the bonds. 31 5. Such resolutions to be adopted and agreements to be entered into hereafter 32 authorizing the issuance of the bonds and providing the details thereof shall contain appropriate 33 covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use 34 of and the services furnished by the System and to revise the same from time to time and as often 35 as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if 36 any, and interest on the bonds as the same become due and to provide a margin of safety therefor. 37 Such resolutions and agreements shall also include such additional covenants, agreements, and other 38 terms as are customary for the protection of the holders of water and sewer revenue obligations. 39 6. This ordinance shall be in full force and effect from its passage. 40 Adopted by the Council of the City of Virginia Beach, Virginia on the 4 day of 41 December , 1989. 42 Approved: 43 44 Mayor, City of Virginia Beach, Virginia 45 First Reading: November 20, 1989 46 Second Reading: December 4, 1989 CITY OF VIRGINIA BEACH, VIRGINIA SUMMARY OF PROJECTS FUNDED BY 1989 WATER AND SEWER REVENUE BONDS WATER PROJECTS: 5-001 Virginia Beach Boulevard - Phase Ill $ 165,000 5-004 Dam Neck Tank 550,000 5-006 Dam Neck Road - Phase 11 120,000 5-037 Indian River Road - Phase IV 100,000 5-039 Broad Bay Colony - 51% Type 30,000 5-043 Baxter Road Connector 10,000 5-044 Independence Boulevard - Phase IIA-2 269,000 5-045 Independence Boulevard - Phase Ill 151,000 5-049 Woodland - 51% Type 477,000 5-050 Reon- 51% Type 300,000 5-051 Robbins Corner - 51% Type 170,000 5-052 Little Haven - 51% Type 345,000 5-053 Witchduck Point - 51% Type 535,000 5-054 Alfriends Trail - 51% Type 95,000 5-055 Garnet Point - 51% Type 50,000 5-056 Thoroughgood - 51% Type 175,000 5-057 Lynndale Estates - 51% Type 150,000 5-058 Green Hill Farms - 51 % Type 65,000 5-059 Witchduck Road - 51% Type 60,000 5-060 Holland Road/Courthouse Forest - 51% Type 230,000 5-061 Northampton Boulevard - Phase 1 32,000 5-062 Ferrell Parkway - Phase V 8,000 5-063 Birdneck Pump Station 60,000 5-065 Nimmo Pump Station 200,000 5-306 Water Request and Agreement Projects 182,500 5-833 Various Highway Projects 160,000 5-835 Lynnhaven Pump Station Modification 185,000 5-921 London Bridge Road - Phase 1 256,000 5-962 Bunon Station Area 266,500 5-966 Atlantic Avenue Improvements 100,000 5-967 Cavalier Park/Nonh Linkhorn Point 190,000 5-973 First Colonial Road - Phase Ill 172,000 5-980 Shore Drive Pump Station Modifications 125,000 Total Water Projects $ 5,984,000 SEWER PROJECTS: 6-003 Landstown Road $ 25,000 6-004 Landstown Municipal Property 62,000 6-005 First Colonial Road - Phase Ill 40,000 6-316 Various Sewer Projects 60,000 6-824 Various Highway Projects 75,000 6-925 Atlantic Avenue Improvements 480,000 6-934 Bay Colony 800,000 6-937 Aragona Rehabilitation 500,000 6-962 Timberiake Force Main 75,000 6-963 Dam Neck Road - Phase 1 120,000 6-970 Virginia Beach Boulevard -Phase Ill 15,000 6-973 Alfriends Trail 190,000 6-978 Indian River Road - Phase IV 22,000 6-989 Independence Boulevard -Phase Ill 207,000 6-990 Holland Utilities 130,000 6-991 Dam Neck Road - Phase 11 45,000 6-996 Robbins Corner 110,000 Total Sewer Projects 956 000 TOTAL 1989 WATER AND SEWER SYSTEM REVENUE BONDS 40 000 1 9 item IV-F.I.e ORDINANCE ITEM # 32115 Upon motion by Co unc if man He! sc hober, seconded by VIce We yor Fentress, Cl ty Counc i I ADOPTED, upon SECOND READING: Ordinance establ lshing the Tax Levy on Real Estate for Tax Fiscal Year 1991. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice Meyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council %mbers Voting Nay- None Council Members Absent: None 1 AN ORDINANCE ESTABLISHING THE TAX LEVY 2 ON REAL ESTATE FOR TAX FISCAL YEAR 1991 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 Section 1. AMOUNT OF LEVY ON REAL ESTATE. 5 There shall be levied and collected for fiscal year 1991 taxes for general purposes on all 6 real estate, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of 7 m6nety sevem a&id seven tenths one hundred three and two-tenths cents ($.977) ($1.032) on each one 8 hundred dollars ($100) of assessed valuation thereof. The real property tax rates which have been 9 prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value 10 of such real property except for public service real property which shall be on the basis as provided in 1 1 Section 58.1-2604 of the Code of Virginia, as amended. 12 Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND 13 FACILITIES" CLASSIFIED AS REAL ESTATE. 14 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, 15 there shall be levied and collected for general purposes for fiscal year 1991, taxes on all real estate 16 certified by the Commonwealth of Virginia as "Certffied Pollution Control Equipment and Facilities" not 17 exempt from taxation, at the rate of n'neiy seven amd seven temths one hundred three and two-tenths is cents @ ($1.032) on each one hundred dollars ($100) of assessed valuation thereof. The real property 19 tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market 20 value of such reai property. 21 Section 3. CONSTITUTIONALITY. 22 That if any part or parts, section or sections, sentences, clause, or phrase of this 23 Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the 24 validity of the remaining portion of this Ordinance. 25 Section 4. EFFECTIVE DATE. 26 This Ordinance shall be effective on the 1st day of July, 1990. 27 Adopted by the Council of the City of Virginia Beach, Virginia on the 4 day of 28 December 1989. 29 Approved: 30 31 Mayor, Cfty of Virginia Beach, Virginia 32 First Reading: November 20, 1989 33 Second Reading: December 4, 1989 - 20 - Item IV-G. CONSENT AGENDA ITEM # 32116 Upon motion by Vice Payor Fentress, seconded by Councilman Perry, City Council APPROVED In ONE MOTION Items 1, 2, 4, 5, 6, 7 and 8 of the CONSENT AGENDA. Iterns IV-G.3. was pulled for a separate vote. Voting: 11-0 Cc)uncil Members Voting Aye: Albert W. Balko, John A. BaLim, Vice Mayor Robert E. Fentress, Harold Helschober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor @yera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Mernbers Voting Nay: None C)ouncil Members Absent: None 2 1 Item IV-G.1 CONSENT AGENDA ITEM # 32117 Upon motion by Vice Wayor Fentress, seconded by Counci Iman Perry, City ()Duncil APPROVED upon FIRST READING: Ordinance to APPROPRIATE $9,526,922 for Fiscal Year 1990 for the payment of purchase orders brought forward from Fiscal Year 1989. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. BaLtn, Vice Meyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. C)ouncil Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE $9,526,922 FOR FISCAL YEAR 1990 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1989 WHEREAS, during the course of business in fiscal year 1989, purchase orders or contracts were issued committing the city to purchase 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, 1989 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on June 30, 1989, there were purchase orders or contracts totalling $9,526,922 for which materials, supplies, equipment or services had not been delivered or invoiced. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the funds totalling $9,526,922 unexpended and represented by purchase orders outstanding on June 30, 1989 be reappropriated as additions to fiscal 1990 appropriations to the respective departments, division, or bureaus of the city so tbat 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 $6,614,962 School Operating 1,991,020 Water & Sewer 264,284 Golf Course 20,427 City Garage 37,349 Telecommunications 249,636 Print Shop 6,904 Pendleton Child Service Center 1,187 Risk Management 8,773 Marine Science Museum 32,702 Community Corrections 61,091 MH/MR/SA 100,018 Resort Parking 193 Microcomputer 138,376 Total Outstanding $9,526,922 This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 1989. PUBLIC HEARING: December 4. 1989 FIRST READING: t.* December 4. 1989 LL'--AL SECOND READING: - 22 - Item IV-G.2 CONSENT AGENDA ITEM # 32118 Upon motion by Vice %yor Fentress, seconded by C)ouncilman Perry, City Council APPROVED upon FIRST READING: Ordinances to the Department of Wnta I Health/Mental Retardation and Substance Abuse: To APPROPRIATE $45,000 for purchase of treatment services for a Prader-Willi Syndrome Client. To APPROPRIATE $30,050 for consulting clinical services to the Child Day Treatment Prograrn. To APPROPRIATE $10,000 tor planning under Public Law 99-457. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, %yor Nbyera E. Oberndorf, Nancy K. Parker John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO APPROPRIATE $45,000 2 TO THE DEPARTMENT OF MENTAL HEALTH/RETARDATION 3 AND SUBSTANCE ABUSE FOR PURCHASE OF TREATMENT 4 SERVICES FOR A PRADER-WILLI SYNDROME CLIENT 5 WHEREAS, the City of Virginia Beach Department of Mental Health, Mental 6 Retardation and Substance Abuse, (the Department), is sometimes confronted with 7 clients whose treatment require resources which are beyond the capacity of the 8 Department to provide; 9 WHEREAS, the Department has been confronted with such a situation in the 10 case of a client with Prader-Willi Syndrome and the family no longer has the 11 ability to provide care on their own; 12 WHEREAS, the Department recognizes the substantial support already given 13 by the City Council and the number of competing priorites for local revenues; 14 WHEREAS, the Department has extensively explored viable options for 15 treatment and identified a professional agency to address this case; 16 WHEREAS, the state Department of Mental Health, Mental Retardation and 17 Substance Abuse has provided a $45,000 allocation for FY 89-90, which requires 18 no local matching funds, to the Department to specifically address the treatment 19 needs of this case. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That funds in the amount of $45,000 be appropriated to the Mental 23 Health, Mental Retardation and Substance Abuse Fund for FY 89-90 for specialized 24 treatment services for this case and that revenue from the Commonwealth be 25 increased by $45,000: 26 This ordinance shall be in effect from the date of its adoption. 27 Adopted by the Council of the City of Virginia Beach, Virginia on the 28 day of 1 1989. 29 First ReadinR December 4, 1989 AS TI) 30 Second Reading I AN ORDINANCE TO APPROPRIATE $30,050 2 TO THE DEPARTMENT OF MENTAL HEALTHIRETARDATION 3 AND SUBSTANCE ABUSE FOR CONSULTING CLINICAL SERVICES 4 TO THE CHILD DAY TREATMENT PROGRAM 5 WHEREAS, the City of Virginia Beach Department of Mental Health, Mental 6 Retardation and Substance Abuse (the Department) is sometimes confronted with 7 clients whose treatment require resources which are not currently within the 8 capacity of the Department to provide; 9 WHEREAS, the Department has been confronted with such a situation as the 10 result of increased referrals to the Child Day Treatment Program operated in the 11 Virginia Beach Public School System; 12 WHEREAS, tbe Department has applied for grant funds in the amount of 13 $30,050 through June 30, 1990 from the State Department of Children, Consortium 14 on Child Mental Health to serve these referrals in a more cost effective day 15 treatment program; 16 WHEREAS, tbe State Department of Children, Consortium on Cbild Mental 17 Health has approved an award for $30,050, which requires no local matching 18 funds, to increase provision of day treatment services through June 30, 1990, 19 through the Department to specifically address the treatment needs of seriously 20 emotionally disturbed youth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That funds in the amount of $30,050 be appropriated to the Mental 24 Health, Mental Retardation and Substance Abuse Fund for FY 89-90 for hiring a 25 consulting clinical staff person to increase the provision of child day 26 treatment services, and that revenue from the Commonwealth be increased by 27 $30,050. 28 This ordinance shall be in effect from the date of its adoption. 29 Adopted by the Council of the City of Virgi nia on the 30 day of 1989. 31 First Reading December 4, 1989 32 1 AN ORDINANCE TO APPROPRIATE $10,000 2 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL 3 RETARDATION AND SUBSTANCE ABUSE FOR 4 PLANNING UNDER PUBLIC IAW 99-457 5 WHERFAS, Part H of Public Law 99-457, (the 1986 Amendment to the 6 Education of All Handicapped Children's Act), is to support the development of a 7 system to provide services to very young children with developmental needs, with 8 full services available by the fifth year of participation, 1991; 9 WHEREAS, Virginia has received funding to plan, develop and implement a 10 statewide, coordinated, comprehensive, multidisciplinary interagency system of 11 services for the birth through two-year age group and the State Department f 12 Mental Health, Mental Retardation and Substance Abuse has allocated $10,000 to 13 each of the forty Community Services Boards to conduct this planning process; 14 WHEREAS, City Council appropriated the first year planning allocation on 15 November 21, 1988, the allocation requires no local match and implementation of 16 the plan is contingent upon the availablity of additional resources provided 17 under Public Law 99-45 18 WHEREAS, the planning allocation will finanace additional professional 19 staff hours devoted to this planning process as well as necessary supportive 20 costs for report preparation. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That funds in the amount of $10,000 be appropriated to the Mental 24 Health, Mental Retardation and Substance Abuse Fund for FY 89-90 for continuing 25 the development of an implementation plan for Public Law 99-457 and that revenue 26 from the Commonwealth be increased by $10,000: 27 This ordinance shall be in effect from the date of its adoption. 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 29 day of 1 1989. 30 First Reading December 4, 1989 AP,Rovr.DP,' Te) 31 Second Readin LEGAL SL)i7F;CIE,'ICY 9 - 23 - Item IV-G.3. CONSENT AGENDA ITEM # 32119 Upon motion by Co unc! I man He! schober, second ed by Co unc i I man Bal ko, City Council ADOPTED: Ordinance to TRANSFER $312,320 from various Departments within the FY 1989-1990 Operating Budget to establish a Developfnent Services Center. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Wyera E. Oberndorf, Nancy K. Parker John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: John A. Baun Council Members Absent: None 1 AN ORDINANCE TO TRANSFER $312,320 FROM VARIOUS 2 DEPARTMENTS WITHIN THE FY 1989-1990 OPERATING 3 BUDGET TO ESTABLISH A DEVELOPMENT SERVICES CENTER 4 WHEREAS, there has long been a desire to improve development review 5 services within the city, in terms of quality, utilization, speed, and 6 comprehensiveness; 7 WHEREAS, in April, 1989, a study was conducted which examined how 8 various cities of comparable size and development patterns handled the review 9 process; what was discovered resulted in a recommendation to reallocate existing 10 development review resources in such a way as to establish a "Development 11 Services Center (DSC)" which would not only provide a focal point for individuals 12 and development companies in obtaining construction permits and plan reviews, 13 but which would ensure faster service and a more comprehensive review; 14 WHEREAS, in order to establish the Development Services Center, 15 $312,320 in existing resources will need to be transferred to the new Department 16 from various sources within the departments of Public Works, Planning, Permits 17 & Inspections, Environmental Management, and Public Utilities. The transfer of 18 all funds will result in a permanent decrease in available resources to the 19 affected departments in order to provide an ongoing resource base for the DSC. 20 WHEREAS, the DSC will provide a comprehensive review process through 21 a coordinated approach thereby enhancing service to the development community 22 and individuals. 23 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA that $312,320 be transferred from various sources within 25 the FY 1989-90 Operating Budget for the purposes of establishing a new department 26 entitled, Development Services Center and that positions which handle development 27 review and which are currently located in various departments be transferred to 28 the Development Services Center; 29 BE IT FURTHER ORDAINED, that the City Manager is authorized to do 30 all that is necessary to establish a Development Services Center utilizing 31 existing resources. 32 Adopted on this day December 4 1989 33 This ordinance shall be effective from the day of its adoption. - 24 - Item IV-G.4.a CONSENT AGENDA ITEM # 32120 Upon mot Ion by VIce %yor Fen tress, seconded by Co unc! I man Perry, Ci ty Co unc i I ADOPTED: Ordinance to authorize a temporary encroachment Into the City's property known as Lake Windsor to Archle and Doris English, husband and wife, their 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. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. BaLrn, Vice @yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker John L. Perry and William D. Sessoms, Jr. Council Nbmbers Voting Nay: None Council Members Absent: Non,- 1 Requested by DeDartment of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 A TEMPORARY ENCROACHMENT 4 INTO THE CITY'S PROPERTY 5 KNOWN AS LAKE WINDSOR TO 6 ARCHIE AND DORIS ENGLISH, 7 HUSBAND AND WIFE, THEIR 8 HEIRS, ASSIGNS AND 9 SUCCESSORS IN TITLE 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That pursuant to the authority and to the extent thereof 13 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 14 Archie and Doris English, husband and wife, their heirs, assigns 15 and successors in title, are authorized to construct and maintain 16 a temporary encroachment into the City's property known as Lake 17 Windsor. 18 That the temporary encroachment herein authorized is for 19 the purpose of allowing an existing bulkhead to remain and that 20 said encroachment shall be constructed and maintained in 21 accordance with the City of Virginia Beach Public Works 22 Department's specifications as to size, alignment and location, 23 and further that such temporary encroachment is more particularly 24 described as follows: 25 An area of encroachment into the 26 City's property known as Lake '.7 Windsor, as shown on that certain 28 plat entitled: "PHYSICAL SURVEY OF 29 LOT 3, BLOCK 2, WINDSOR WOODS, 30 SECTION SEVEN-B KEMPSVILLE BOROUGH- 31 VIRGINIA BEACH, VIRGINIA FOR ARCHIE 32 & DORIS ENGLISH SCALE 1" = 30' 33 OCTOBER 14, 1976 ROUSE-SIRINE 34 ASSOCIATES, LTD. SURVEYORS AND 35 ENGINEERS VIRGINIA BEACH, VIRGINIA," 36 a copy of which is on file in the 37 Department of Public Works and to 38 which reference is made for a more 39 particular description. 40 PROVIDED, HOWEVER, that the temporary encroachment 41 herein authorized shall terminate upon notice by the City of 42 Virginia Beach to Archie and Doris English, husband and wife, 43 their heirs, assigns and successors in title, and that within 44 thirty (30) days after such notice is given, said encroachment 45 shall be removed from the City's property known as Lake Windsor 46 and that Archie and Doris English, husband and wife, their heirs, 47 assigns and successors in title, shall bear all costs and expenses 48 of such removal. 49 AND, PROVIDED FURTHER, that it is expressly understood 50 and agreed that Archie and Doris English, husband and wife, their 51 heirs, assigns and successors in title, shall indemnify and hold 52 harmless the City of Virginia Beach, its agents and employees from 53 and against all claims, damages, losses and expenses including 54 reasonable attorney's fees in case it shall be necessary to file 55 or defend an action arising out of the location or existence of 56 such encroachment. 57 AND, PROVIDED FURTHER, that this ordinance shall not be 58 in effect until such time that Archie and Doris English, husband 59 and wife, execute an agreement with the City of Virginia Beach 60 encompassing the aforementioned provisions. 61 Adopted by the Council of the City of Virginia Beach, 62 Virginia, on the 4 day of December 19 89 63 JAS/jls 64 0 9/ 06/ 89 65 CA-89-3467 66 (ordin\noncode\english.ord) APPROVED AS TO LEGAL SU'rFiClEi@CY DEPARTMENT 2 THIS AGREEMENT, made this day of 19 @), by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and ARCHIE ENGLISH and DORIS ENGLISH, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, parties of the second part. W I T N E S S E T H: Tliat, WHEREAS, it is proposed by the parties of the second part to allow an existing bulkhead to remain in the City of Virginia Beach; and WHEREAS, in allowing such bulkhead to remain, it is necessary that the said parties of the second part encroach into the City's property known as Lake Windsor; and said parties of the second part have requested that the party of the first part grant a temporary encroachment to facilitate such bulkhead within the City's property known as Lake Windsor. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the parties of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the parties of the second part a GPIN teinporary encroachment to use the City's property known as Lake Windsor for the purpose of allowing such bulkhead to remain. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, aligriment and location and is more particularly described as follows, to wit: An area of encroachment into the City's property known as Lake Windsor, as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT 3, BLOCK 2, WINDSOR WOODS, SECTION SEVEN-B KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA FOR ARCHIE & DORIS ENGLISH SCALE 1" - 3 0 1 OCTOBER 14, 1976 ROUSE-SIRINE ASSOCIATES, LTD. SURVEYORS AND ENGINEERS VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. it is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the parties of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's property known as Lake Windsor by the parties of the second part; and that the parties of the second part shall bear all costs and expenses of siich removal. it is further expressly understood and agreed that the parties of the second part shall indemnify and hold harmless the 2 City of Virginia Beach, ;-ts agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it sball be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the parties of the second part. It is further expressly understood and agreed that the parties of the second part agree to maintain said encroachment so as not to become unsightly or a hazard. it is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the parties of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the parties of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the parties of the second part compensation for the use of the City's property encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the parties of 3 the second part; and if such refnoval shall not be iliade withiri the time ordered liereinabove by this Agreement, the City shall impose a penalty in the sum of one Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Archie and Doris English, husband and wife, the said parties of the second part, have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Clerk EAL) (SEAL) Doris EnglisbJ CONTEN7 RE ,i To 4 y CEPARTM ATE OF VIRGINIA .T CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the 1-ity and State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the . day of 19_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19-. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the :Eoregoing Agreement bearing date on the day of I 19 -, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19-. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: r4- ic v a Notary Public in and for the City and State aforesaid, do hereby certify that A3:-chie English, whose name is signed to the foregoing writing, bearing date the g(D... day of 19@, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 194. Notary Public My Commission Expires: 7 L@3 ziz) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that Doris English, whose name is signed to the foregoing writing, bearing date the day of 191f@, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of Notary Publ,-c q my Conunission Expires: JAS/ils Date: 09/06/89 CA-89-3467 glish.agr) ii (encroach\en @XHIBIT, "A'@, .. . ....... . i.v,r OA, -Al, fVo taur i),t r,,rit )A-,, r?, tt"Jill o,, rvr O-V rill-I 'LAr. .441. ..ii ovitpino, y - 4,,o srmtcrzy wtr-,iA. r,/;; 1/tit rh rl'Jr 4RI A'O ZMCXOAC.VV4',Vr, or oltir'r av rmi- N.,,, or f,,,n,s,ly FLI ?EI)EF'S /licol?poflaff0 (i IRE) I oc IEO .1,7' ....... .... I-AD fl,,ck It 4o"i 3 N 2 @IMAPLEVVOOD 'j.. c;,, . .......... Pi OF L07' 3 81-OCI( 2 11100f),,3, @,E(,. I ION l@LAfl-,sVII-LE BOr,).)I.I(;II-VtR(,,INIA I)EACII Vl[?C ARCHIE & DORIS ENGLISH 11, 1916 @soc,,,A rEg, VIRGINIA P!;. 4 @J, r, 1.1 THIS-.IS NOT A PLAT SUBDIYESION - 25 - Item IV-G.4.b CONSENT AGENDA ITEM # 32121 Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to authorize a temporary encroachment into the City's property into a portion of the right-of-way of Lynnhaven Promenade to Bruce and Esther Jacobson, Husband and Wife, their 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. The owner agrees to obtain and approve waterfront permit. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 A TEMPORARY ENCROACHMENT 4 INTO A PORTION OF THE 5 RIGHT-OF-WAY OF LYNNHAVEN 6 PROMENADE TO BRUCE AND 7 ESTHER JACOBSON, HUSBAND 8 AND WIFE '. THEIR HEIRS, 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That pursuant to the authority and to the extent thereof 14 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 15 Bruce and Esther Jacobson, husband and wife, their heirs, assigns 16 and successors in title, are authorized to construct and maintain 17 a temporary encroachment into the right-of-way of Lynnhaven 18 Promenade. 19 That the temporary encroachment herein authorized is for 20 the purpose of allowing the installation of a private pier and 21 that said encroachment shall be constructed and maintained in 22 accordance with the City of Virginia Beach Public Works 23 Department's sdecifications as to size, aligrunent and location, 24 and further that such temporary encroachment is more particularly 25 described as follows: 26 An area of encroachment into a 27 portion of the City's right-of-way 28 known as Lynnhaven Promenade 29 (unimproved paper street), as shown 30 on that certain plat entitled: 31 "PROPOSED OPEN PILE TIMBER PIER IN 32 UNNAMED MAN MADE CANAL AT VA. BEACH, 33 COIJNTY OF STATE VA. APPLICATION 34 BY C. BRIJCE JACOBSON SHEET 1 OF 2 35 DATE 21 MAR 89,11 a copy of which is 36 on file in the Department of Public 37 Works and to which reference is made 38 for a more particular description. 39 PROVIDED, HOWEVER, that the temporary encroachment 40 herein authorized shall terminate upon notice by the City of 41 Virginia Beach to Bruce and Esther Jacobson, husband and wife, 42 their heirs, assigns and successors in title and that within 43 thirty (30) days after such notice is given, said encroachment 44 @hall be removed from the City's right-of-way of Lynnhaven 45 Promenade and that Bruce and Esther Jacobson, husband and wif e, 46 their heirs, assigns and successors in title shall bear all costs 47 and expenses of such removal. 48 AND, PROVIDED FURTHER, that it is expressly understood 49 and agreed that Bruce and Esther Jacobson, husband and wife, their 50 heirs, assigns and successors in title shall indemnify and hold 51 harmless the City of Virginia Beach, its agents and employees from 52 and against all claims, damages, losses and expenses including 53 reasonable attorney's fees in case it shall be necessary to file 54 or defend an action arising out of the location or existence of 55 such encroachment. 56 AND, PROVIDED FURTHER, that this ordinance shall not be 57 in effect until such time that Bruce and Esther Jacobson, husband 58 and wife, execute an agreement with the City of Virginia Beach 59 encompassing the aforementioned provisions. 60 Adopted by the Council of the City of Virginia Beach, 61 Virginia, on the 4 day of December 19 89 62 JAS/jls 63 09/ 2 2/ 89 64 CA-89-3495 65 (ordin\noncode\jacobson.ord) A,PPkO,4ED AS To CONIINII APpROVED A-@ TO LECiN,l@ R:,A 2 -H7S kGREEMENT. made this '-dav of lel- by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal --orporation, paity of the first part, and BRUCE AND ESTHER JACOBSON, HUSBAND AND WIFE, THEIR IIEIRS, ASSIGNS AND SUCCESSORS IN TITLE, parties of the secolid part. W I T N E S S E T H: That, WHEREAS, it is proposed by the parties of the second part to allow the installation of a private pier in the City of Virginia Beach; and WHEREAS, in allowing the installation of a private pier, it is necessary that the said parties of the second part encroach into a portion of an existing City right-of-way known a.s Lynnhaven Promenade (unimproved paper street); and said parties of the second part have requested that the party of the first part grant a temporary encroachment to facilitate the installation of such a private pier within a portion of the City's right-of-way known as Lynnhaven Promenade. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the parties of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of ttle first part, receipt of which is hereby acknowledged, the party of the GPIN