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OCTOBER 13, 1986 MINUTES @it "f @ii-ggil-ii-CA 1 "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G ]ONES, Al L,,g, VICE MAYOR MEYERA E OBERNI>ORF, A@ @,g, A@ERT W. BALKO, L,@,h.-@ @..gh JOHN A BAUM, Bi.,k.@@, B,..gh ROBERT E FENTRESS, Vigi.i. B@.,h B-.gh HAROLD HEISCHORER, Al @,@ BARBARA M HENLEY, P.@, B-.gh REBA S @W,(@IANAN, Pi@,@ A@@, B,@@gh JOHN D KIOSS, B,-gh NANCY K PARKER, Al @,g, JOHN L. PERRY, B,,,i@ @..gh 281 CITY HALL BUILDING MUNICIPAL CENTER RUTH HO@ES SMITH, CMC, Cil, Cl@k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456 9002 (804) @21-4303 October 13, 1986 VIRGINIA BEACH CITY COUNCIL ITEM I. INFORMAL SESSION: VIRGINIA BEACH CITY COUNCIL Conference Room - 12: NOON A. CALL TO ORDER Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. CONCERNS OF CITY COUNCIL D. CITY MANAGER'S INFORMAL BRIEFING 1. CAPITAL IMPROVEMENT PROJECTS E. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. FORk4AL SESSION: VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM A. INVOCATION: Reverend James Dorson Church of The Holy Family B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONLC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. MINUTES 1. Approval of City Council Minutes: a. INFORMAL & FORMAL SESSIONS: October 6, 1986 F. PUBLIC HEARING 1. PLANNING ITEMS - BY CONSENT a. FINAL APPROVAL of Ordinance for the discontinuance, closure and abandonment of a portion of Painter's Lane in the petition of Lakeside Construction Corporation (Princess Anne Borough). Recommendation: APPROVAL b. Application of Salem United Methodist Church for a Conditional Use Permit for church additions on the west side of Salem Road, 626.87 feet nott-h of Elbow Road (2057 Salem Road) containing 3.349 acres (Kempsville Borough). Recommendation: APPROVAL c. Application of Little Piney Grove Baptist Church for a Conditional Use Permit for a church addition on the west side of Princess Anne Road, 373.09 feet north of Buzzard Neck Road (665 Princess Anne Road) containing 5.5 acres (Pungo Borough). Recommendation: APPROVAL d. Application of J. Brock Nelson for Conditional Use Permit for automobile sales and service at the southwest corner of Bonney load and Pine Street on Part of Lot 2, Lots 3 thru 9, Part of Lot 10 and Lots 12 thru 17, Block 3, Plat of Jacksondale containing 2.3 acres (Lynnhaven Borough). Recommendation: APPROVAL e. Application of BP Oil, Inc. for a Conditional Use Permit for an automobile service station and car wash at the orthwest corner Tf Lynnhaven Parkway and Pleasant Valley Road containing 36,000 square feet (Kempsville Borough). Recommendation: APPROVAL 2. PLANNING a. Ordinance for the discontinuance, closure and abandonment of portion of Holly Avenue (Unimproved) in the petition of Dr. & Mrs V. J. Bruckner Lynnhaven Borough). Recommendation: APPROVAL b. Application of Catholic Diocese of Richmond, c/o Marion Manor, Inc., a Virginia Non-Profit Corporation, for a Conditional Use Permit. for housing for the elderly (home for adults , located 1,250 feet south of Virginia Beach Boulevard, 350 feet west of Clearfield Avenue (5345 Virginia Beach Boulevard) containing 1.82 acres (Bayside Borough). Recommendation: APPROVAL c. Application of Colcon Development Company, Inc., for e ot Zoning from B-3 Central-Business District to A-2 Apartment District on the south side of Southern Boulevard, 450 feet east of Constitution Drive on Lots 74-78, A. C. Jarvis Land, containing 10.0349 acres (Kempsville Borough). Recommendation: APPROVAL G. OPDINANCES 1. Ordinance upon SECOND READING to appropriate funds in the amount of $2,450,000 for property required for the construction of a second bridge over Rudee Inlet. 2. Ordinance upon SECOND READING to adopt the FY 1986-87/FY 1990-91 CAPITAL IMPROVEMFNT PROGRAM and to appropriate $99,859,205 for the FY 1986-87 Capital Budget, subject to funds being provided from various sources. H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one iaotion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to authorize acquisition of property in fee simple for right-of-way for Virginia Beach Boulevard and Davis Street Traffic Control easement and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. 2. Ordinance upon SECOND READING to appropriate $11,705,613 for Fiscal Year 1987 for the payment of Purchase Orders brought forward from Fiscal Year 1986. 3. Ordinances upon SECOND READING to appropriate a total of $19,018,408 for School Board Grants and Enterprise Funds: a. Textbook Rental Fund Budget - $2,588,040 b. Special Categorical Grants for School Year 1986-87 - $7,381,908 C. School Cafeteria Enterprise Fund Budget - $9,048,460 4. Ordinance to transfer $30,000 for purchase of a replacement Telephone System for the Department of Mental Health/Mental Retardation and Substance Abuse. 5. Ordinance to transfer $178,383 from Project #2-951 Lake Banbury Datfall Drainage to Project #2-014 Lynnhaven Inlet Maintenance Dredging. 6. Ordinance appointing viewers in the petition of Marc Lynn Associates for the closure of a portion of a 401 Unnamed Street (Lynnhaven Borough). 7. LOW BID to Crowder Contracting Company in the amount of $332,750 for Pump Station Modifications (CIP 6-605). I. APPOINTMENTS 1. VIRGINIA BEACH ARTS CENTER - Board of Trustees/Executive Committee 2. VIRGINIA BEACH BOND REFERENDA COMIITTEES J. UNFINISHFD BUSINESS 1. TIDEWATER TRANSPORTATION DISTRICT COMMISSION- Light Rail Project K. NEW BUSINESS L. ADJOURNMENT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 13, 1986 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, October 13, 1986 at 12:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Vice Mayor Meyera E. Oberndorf was Observing the High Holy Day YOM KIPPUR - 2 - MAT T E R S BY T HE MAYOR BOARDS AND COMMISSIONS MEETING ITEM # 26157 Councilwoman Henley referenced the City of Norfolk periodically meets with all of their BOARDS AND COMMISSIONS to receive updates. Councilwoman Henley suggested the City of Virginia Beach conduct a similar activity. Mayor Jones advised a SCHEDULE will be devised to meet with the various BOARDS AND COMMISSIONS and presented for approval to City Council. A WORKSHOP between City Council and the Virginia Beach School Board was tentatively SCHEDULED, as per request, on November 7, 1986, after presentation by the Community Services Board in order to respond to concerns relative the prioritizing by the School Board of their CIP. Mayor Jones will confer with James Fletcher, Chairman of the Virginia Beach City School Board. VIRGINIAN-PILOT ITEM # 26158 Mayor Jones referenced an improper HEADLINE in an edition of the Virginian- Pilot "BEACH COUNCIL OFFERS CUTS IN SCHOOL PLAN." The balance of the article more-or-less reflected City Council action, but the HEADLINE was certainly misleading. - 3 - C 0 N C E R N S 0 F C I T Y C 0 U N C I L BOND REFERENDLT14 ITEM # 26159 Councilman Moss referenced discussions with the City Attorney concerning information allowable when informing the Public relative the BOND REFERENDUM. Apparently this information was distributed to the School System but not passed on to the local schools. Councilman Moss suggested speaking to the Chairman and communicating this a bit stronger. RELIGIOUS HOLIDAYS ITEM # 26160 Gouncilwoman Parker apologized for not recognizing YOM KIPPUR and suggested the possiblity of rescheduling future Council Meetings when religious holidays occur on those particular Mondays. The Mayor advised he had spoken to the MINISTERIAL ASSOCIATION on Wednesday and requested a recommedation concerning religious holidays. The MINISTERIAL ASSOCIATON advised they will appoint a Committee to study this concern and make a reoemmendation to City Council. The Mayor advised the AGENDA was quite small in deference to the Vice Mayor's absence. - 4 - INFORMAL SESSION BRIEFING CAPITAL IMPROVEMENT PROJECTS October 13, 1986 The City Manger distributed a Memorandum from E. D. Block, Assitant City Manager for Anaylsis and Evaluation, as well as a Revised Ordinance to ADOPT the FY 1986-87/FY1990-91 CAPITAL IMPROVEMENT PROGRAM and to appropriate $100,523,205 for the FY 1986-87 CAPITAL BUDGET. (Said documents are hereby made a part of the record). Dean Block in the aforementiond Memorandum reflected upon the process utilized to review and rank the elements of the CAPITAL IMPROVEMENT PROGRAM. All projects, except Schools, are evaluated by Committees. Historically, efforts have been made to fully fund fully the School's request on the assumption the School's staff review had deleted some projects. Where Charter Funds were not available, School Referenda were proposed. The large increase in the School's request, the philosophy of funding backlog needs first, and very real fiscal constraints made it impossible to fully fund the full School's CAPITAL IMPROVEMENT PROGRAM request in the 1986/87 CIP Process. The School's CAPITAL IMPROVEMENT PROGRAM is significantly larger than in the past. This reflects a major revision by the School System of its needs projection and the positive response of Council to those requests. 1986-87/1990-91 Total Funding $142,613,584 Total Schools/Additional 12/5 Schools Requested % of CIP 31.4 The intent of the current CAPITAL IMPRO T PROGRAM is to place first proiority on funding classroom needs to meet the backlog of such needs over an eight-year period. To insure a susbstantial start on that problem, the Council concurred in the full request for the School Board for the 1986 REFERENDUM and, in fact, added an additional elementary school to insure adequate service to the General Booth Corridor. When approved by the voters, and combined with schools now nearing or under construction, this will result in the completion of 7 new Elementary Schools, one Junior High and one Senior High School within the next three calendar years at a cost of $78.1 Million designed to serve 9,890 students. This is exclusive of additions and modernization projects. To provide for air conditioning in the current year, the following sources have been identified: 1. Year-end school reversion, per policy $ 664,000 2. Distribution from Bayside Community Center of funds not otherwise available for current use per existing policy $ 535,008 3. Reallocation of School Bus Maintenance Facility Funds $ 301,000 TOTAL $1,500,000 - 5 - INFORMAL SESSION BRIEFING CAPITAL IMPROVEMENT PROJECTS October 13, 1986 This Program will provide fully for all (6) Elementary Schools in the first phase requested by the School Board and provides planning funds for Bayside and Kellam High Schools. Approximately $1,370,000 will be required for the Air Conditioning of the six (6) elementary schools and the staff suggested the balance of those funds be utilized for the engineering and planning necessary for the Bayside and Kellam High School improvements. Attachment II of said Memorandum reiterates the number of days area School Systems were closed due to heat and HISTORICAL WEATHER INFORMATION from the Year 1955 to 1986 for the Cities of Norfolk and Viginia Beach, comprising the months of May, June, August and September City Council requested the reasoning concerning prioritj.zing certain schools in the PHASE I category for air conditioning. - 6 - ITEM # 26161 Mayor Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3.. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent; Vice Mayor Meyera E. Oberndorf Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, October 13, 1986, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Vice Mayor Meyera E. Oberndorf INVOCATION: Reverend James Dorson Church of The Holy Family - 7 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL October 13, 1986 2:00 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, October 13, 1986, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Vice Mayor Meyera E. Oberndorf INVOCATION: Reverend James Dorson Church of The Holy Family PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 8 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA ITEM # 26162 BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. Item II-D.1 PLANNING BY CONSENT AGENDA ITE24 # 26163 Councilwoman McClanan referenced FINAL APPROVAL of an Ordinance for the discontinuance, closure and abandonment of a portion of Painter's Lane in the petition of Lakeside Construction Corporation (Princess Anne Borough). (See Item II-F.l.a of the PLANNING BY CONSENT AGENDA). The Staff will present the alternate plan of access for the residents living along Painter's Lane. Item II-D.2 PLANNING BY CONSENT AGENDA ITEM # 26164 Councilman Moss referenced an application of BP OIL, INC. for a Conditional Use Permit for an automobile service station and car wash at the northwest corner of Lynnhaven Parkway and Pleasant Valley Road containing 36,000 square feet (Kempsville Borough). (See Item II-F.l.e of the PLANNING BY CONSENT AGENDA). This item will be pulled for a separate vote. Item II-D-3- CONSENT AGENDA ITEM # 26165 The City Manager referenced an Ordinance to transfer $178,383 from Project #2- 951 Lake Banbury Outfall Drainage to Project #2-014 Lynnhaven Inlet Maintenance Dredging. (See Ttem II-H.5 of the CONSENT AGENDA). This item will be pulled for additional clarification. 9 Item II-E.l.a MINUTES ITEM 26166 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council AMENDED the MINUTES of October 6, 1986: Vice Mayor McClanan advised the following change: Page 3, ITEM # 26119, CONCERNS OF CITY COUNCIL On Paragraph 1 , line 4, the word "Charter" as reflected by Councilwoman Nancy Parker should be correctly changed to "Comprehensive Zoning Ordinance": "....whenever a significant change in the E3!tetibet Comprehensive Zoning Ordinance is discussed." Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 10 - Item II-E.2 VICE 14AYORTS LETTER ITEM # 26167 Mayor Jones referenced letter from Vice Mayor Oberndorf indicating her observance of YOM KIPPUR, the Hebrew Highest of Holy Days, and her support of the CAPITAL IMPROVEMENT PROGRAM, particularly the addition of the Bayside Community Center. Vice Mayor Oberndorf also reiterated she had been advised of the the City Manager's recommendation concerning the air conditioning of the schools. Vice Mayor Oberndorf further referenced an Ordinance to transfer $178,383 from Project #2-951 Lake Banbury Ooutfall Drainage to Project # 2-014 Lynnnhaven Inlet Maintenance Dredging (See Item II-H.5 of the CONSENT AGENDA). Vice Mayor Oberndorf requested further discussion concerning this item and urged support of same as this would assist in producing proper nourishment to the Ocean Park Beach. Item II-F.1/2 PUBLIC HEARING PLANNING ITEM 26168 Mayor Jones DFCLARED a PUBLIC HEARING on: PLANNING ITEMS BY CONSENT a. LAKESIDE CONSTRUCTION COPORATION STREET CLOSURE b. SALEM UNITED METHODIST CHURCH CONDITIONAL USE PERMIT c. LITTLE PINEY GROVE BAPTIST CHURCH CONDITIONAL USE PERMIT d. J. BROCK NELSON CONDITIONAL USE PERMIT e. BP OIL, INC. CONDITIONAL USE PERMIT PLANNING ITEMS a. DR. & MRS. V. J. BRUCKNER STREET CLOSURE b. CATHOLIC DIOCFSE OR RICHMOND CONDITIONAL USE PERMIT c. COLCON DEVELOPMENT COMPANY, INC. CHANGE OF ZONING - 12 - Item II-F.l. PUBLIC HEARING PLANNING BY GONSENT ITEM # 26169 Upon motion by Councilwoman Parker, seconded by Councilwoman Henley, City Council APPROVED in one MOTION Items II-F.l.a., II-F.l.b., II-F.l.c., and II- F.d. Item II-F.l.e was voted upon separately. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 13 - Item II-G.F.l.a PUBLIC HEARING PLANNING BY CONSENT ITEM # 26170 Robert J. Scott, Director of Planning, presented City Council with the alternate plan of access for the residents living along Painter's Lane. Subdivison plats that would dedicate the alternate means of access to the City are ready to be recorded. Basically, a new modern street system is being substituted for the old Painter's Lane. Upon motion by Councilwoman Parker, seconded by Councilwoman Henley, City Council AUTHORIZED FINAL APPROVAL of an Ordinance for the discontinuance, closure and abandonment of a portion of Painter's Lane upon application of LAKESIDE CONSTRUCTION CORPORATION. Application of Lakeside Construciton Corporation for the discontinuance, closure and abandonment of a portion of Painter's Lane beginning at a point 100 feet more or less north of Sandbridge Road and running in a northeasterly direction to the southern boundary of Proposed Ferrell Parkway. Said parcel contains 3.672 acres. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 13a,- April 25, 1984 CERTIE'TCATE OF VESTING_OP TITLE L i 1--y -T. ,JOSID?ll -J. mvfER attorney, do hereby ti'lat: 1. am an attornev at law and have examined the title to the property of the -petitioner, Lal< side Construction Corporation. e 2. If the property described below is dis- continued, closed and vacated by the Council of the City of Virginia Beach, Virqinia, then title to said property will vest i.n Lal,:eside Construction corporation, the adjacent landoivner. Tlic said property referred to liereill d(-,sci. @Lbcd as follows. -is licreby All that certain piece or parcel of land situate, lying and being in the Citv Of V.irgi.jiict 130,lcll, SLit(@ oi: Virginil, -bc,.j.ii(.1 LliaL part of Ilainter's Liiie showil oji plal entitled "Plat Showing A Portion of Painter's Lane To Be Closed for Takeside Construction Corporation", Princess Anne Borough, Virginia Beach, Virginia made Basqier And Associates, dated which p-lat is attached to th f vacation from the City of vi Virginia, to Lakeside Const@ ration and is to be recor( City erk's Office of the Circuit Court o the of Virginia Beach, virginia. J. Lawler Pickrell & Lawler irst American Bank Bldg. 300 Miin Street Norfolk, Virginia 23510-1781, CITY OF VIRGINIA BEACH, VIRGINI@ 13b - TO (ORDINANCE OF VACATION LAKESIDE CONSTRUCTION CORPORATION AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF PAINTER'S LANE, IN PRINCESS ANNE BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, Lakeside Construction Corporation, to be presented to the City Council of the City of Virginia Beach, virginia, on the - day of , 1984, for the vacation of the hereinafter described public street in the City of Virginia Beach, Virginia, was on the 12th day of June _, 1984, and on the 19 th day of June 1984, duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of a public street; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the day of , 1984, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City council of the City of virginia Beach, Virginia, on the - day of !ONII-R C. IVRIGTIT. JR. - 13 c 1984, appointed and as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same, and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the street proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of said street, and that the portion of said street should be vacated and discontinued; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the following portion of Painter's Lane in the Borough of Princess Anne, in the City of Virginia Beach, Virginia, be and the same is hereby vacated and discontinued: All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, State of Virginia, being that part of Painter's Lane as shown on Plat attached hereto entitled "Plat Showing A Portion Of Painter's Lane To Be Closed for Lakeside Construction Corporation", made by Basgier And Associates, dated March, 1984. 13 d 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the name of Lakeside Construction Corporation, as grantee, in the Clerk's office of the Circuit.Court of the City of Virginia Beach, Virginia, at the expense of the applicant. 3. This ordinance shall become effective thirty (30) days from the date of its adoption. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the day of 1984. TESTE: RUTH SMITH, CITY CLERK By City Clerk FINAL APPROVAL: October 13, 1986 -a- - 14 - Item II-F.l.b. PUBLIC HEARING PLANNING BY CONSENT ITEM # 26171 Upon motion by Councilwoman Parker, seconded by Councilwoman Henley, City Council ADOPTED an Ordinance upon application of SALEM UNITED METHODIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SALEM UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R01086979 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Salem United Methodist Church for a Conditional Use Permit for church additions on certian property located on the west side of Salem Road, 626.87 feet north of Elbow Road. Said parcel is located at 2057 Salem Road and contains 3.349 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of October, Nineteen Hundred and Eighty-six. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf 5 Item II-F.l.c. PUBLIC HEARING PLANNING ITF14 26172 Upon motion by Councilwoman Parker, seconded by Councilwoman Henley, City Council ADOPTED an Ordinance upon application of LITTLE PINEY GROVE BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LITTLE PINEY GROVE BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R01086980 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Little Piney Grove Baptist Church for a Conditional Use Permit for a church addition on c r@tain property located on the west side of Princess Anne Road, 373-09 feet north of Buzzard Neck Road. Said parcel is lcoated at 665 Princess Anne Road and contains 5.5 acres. pLats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of October, Nineteen Hundred and Eighty-six. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 16 - Item II-F-3.d. PUBLIC HEARING PLANNING BY CONSENT ITEM # 26173 Upon motion by Councilwoman Parker, seconded by Councilwoman Henley, City Council ADOPTED an Ordinance upon application of J. BROCK NELSON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF J. BROCK NELSON FOR A CONDITONAL USE PERMIT FOR AUTOMOBILE SALES AND SERVICE R01086981 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of J. Brock Nelson for a Conditional Use Permit for automobile sales and service at the southwest corner of Bonney Road and Pine Street on Part of Lot 2, Lots 3 thru 9, Part of Lot 10 and Lots 12 thru 17, Block 3, Plat of Jacksondale. Said parcel contains 2.3 acres. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of October, Nineteen Hundred and Eighty-six. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 17 - Item II-F.4.e. PUBLIC HEARING PLAIiNING ITEM # 26174 Robert E. Heidenreich, Senior Construction Engineer for BP Oil Thomas Willcox, represented Goodman-Segar-Hogan, owners of the entire B-2 parcel, a portion of which the applicant is requesting a Conditonal Use Permit for an automobile service station and car wash. Mr. Willcox delineated the access points previously approved at site plan review. A MOTION was made by Councilman Moss to DENY an Ordinance upon application of BP OIL, INC. for a Conditional Use Permit for an automobile service station and car wash at the northwest corner of Lynnhaven Parkway and Pleasant Valley Road containing 36,000 square feet (Kempsville Borough). Said MOTION failed for a lack of a SECOND. Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of BP OIL, INC. for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF BP OIL, INC. FOR A CONDITONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AND CAR WASH R01086982 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA Ordinance upon application of BP Oil, Inc. for a Conditional Use Permit for an automobile service station and car wash on certain property located at the northwest corner of Lynnhaven Parkway and Pleasant Valley Road. Said parcel contains 36,000 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Two (2) Access Points on Lynnhaven Parkway 2. One (1) Access Point on Pleasant Valley 3. Access Points previously delineated and approved at Site Plan Review for the remainder of the B-2 parcel. (Right turn ingress/egress on Lynnhaven Parkway, one primary entrance right about the center on Pleasant Valley Road, and one Access Point off of Bridal Creek Road.) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of October, Nineteen Hundred and Eighty-six. - 18 - Item II-F.l.e. PUBLIC HEARING PLANNING ITEM # 26174 (Continued) Voting: 8-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan and John D. Moss Council Members Absent: Vice Mayor Meyera E. Oberndorf - 19 - Item II-2.a. PLANNING ITF14 # 26175 Attorney Robert Cromwell represnted the applicant Upon motion by Councilman Balko, seconded by Councilman Baum, City Council DEFERRED FOR COMPLIANCE in 180 days to April 13, 1987, an Ordinance for the discontinuance, closure and abandonment of a portion of Holly Avenue (Unimproved) in the petition of DR. & MRS. V. J. BRUCKNER. Application of Dr. and Mr. V. J. Bruckner for the discontinuance, closure and abandonment of a portion of Holly Avenue (Unimproved) beginning at the eastern boundary of Ebb Tide Road and running in an easterly direction a distance of 150-47 feet. Said parcel is 25.08 feet in width and contains 3774 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Resubdivision of the property to incorporate the closed area into the adjoining parcels to avoid the creation of a nonconforming lot and to insure that all lots have access to a public street. 2. Retention of existing trees within the area proposed for closure. 3. Provision of a utility easement across the property as determined by the Department of Public Utilities. 4. Closure of this right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. - 20 - Item II-F.2.a. PUBLIC HEARING PLANNING ITEM # 26175 (Continued) Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: Vice Mayor Meyera E. Oberndorf - 20a - STATEMENT OF CONSENT APPLICANT@ Dr. and Mrs. V. J. Bruckner APPLICATION@ Street Closure DESCRTPTION@ Portion of Holly Avenue CITY COUNCIL SESSION@ October 13. 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE F'OR THE OWNER, (or Agent for the Owner) RAS REVIEVP-,D THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO@ 1. Resubdivision of the property to incorporate the closed are into the adjoining parcels to avoid the creation of a nonconforming lot and to insure that all lots have access to a public street. 2. Retention of existing trees within the area proposed for closure. 3. Provision of a utility easement across the property as determined by the Department of Public Utilities. 4. -Ilosure of this right-of--way shall be contingent upon compliance with the aboVE'-stated conditions within 180 days of the approval by City Council. By: Owner/Attorney/Agent Date: - 20b - ORDINANCE NO.- IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, XNOWN AS HOLLY AVENUE (UNIMPROVED) AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PHYSICAL SURVEY, 25' STRIP OF HOLLY AVE. (UNIMPROVED) TO BE CLOSED", LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Dr. and Mrs. V. J. Bruckner, that they would make application to the Council of the City of Virginia Beach, virginia, on August 18 , 1986, to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the portion of said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City Of virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: THAT CERTAIN portion of Holly Avenue (unimproved), beginning at a point on the Northeastern corner of the intersection of Ebb Tide Road and Holly Avenue (unimproved) as established, thence, from said point of beginning, N 80* 051 0011 E, a distance of 150.47 feet to a point, thence S 05' 21' 00" E, a distance of 25.08 feet to a point, thence S 80* 051 0011 W, a distance of 150.47 feet to a point on the Eastern right-of-way line of Ebb Tide Road, thence N 05* 21' 00" W a distance of 25.08 feet to the Point of Beginning as shown on that certain plat entitled, "PHYSICALSURVEY, 251 STRIPOFHOLLY AVE. (UNIMPROVED) TO BE CLOSED, As shown on the Amended map of Property of Lynnhaven Beach & Park Co. (M. B. 5, pg. 71), Lynnhaven Borough, Virginia Beach, Virginia," dated June 6, 1986 and prepared by Gallup Surveyors & Engineers, Ltd. Said parcel of land being a portion of Holly Avenue as indicated Uy. CROMWELL, BETZ on that certain plat of the property to be vacated, fifty feet & LUSTIG, P.C. @T L.. North of what is presently Cape Henry Drive, Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of - 1 - - 20 c - the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the office of the Circuit Court of the city of virginia Beach, Virginia' and indexed in the name of the City of Virginia Beach as Grantor. SECTION III This Ordinance shall be effective sixty (60) days from the date of its adoption. Uy, CROMWELL, BETZ & LUSTIG, P.C. .-...EY@ T L@. reb 2 - 21 - Item II-F.2.b. PUBLIC HEARING PLANNING ITEM # 26176 Dr. E. T. Buchanan, represented the applicant and requested reduction in the number of parking spaces required. Mary Ellen Cox, President of the Board of Directors for MARION MANOR, INC., also represented the applicant Sam Houston, Sr., represented the elderly and spoke in support of the application. The City Clerk advised Vice Mayor Oberndorf reiterated support of said application from Beth Sholom and Beth Sholom Sands. Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of CATHOLIG DIOCESE OF RICHMOND, c/o MARION MANOR, INC., a Virginia Non-Profit Corporation, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CATHOLIC DIOCESE OF RICHMOND, C/0 MARION MANOR, INC., A Virginia Non- Profit Corporation, FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR THE ELDERLY (HOME FOR ADULTS) R01086983 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIHGINIA BEACH, VIRGINIA Ordinance upon application of Catholic Diocese of Richmond, c/o Marion Manor, Inc., a Virginia-Non- Profit Corporation, for a Conditional Use Permit for housing for the elderly (home for adults) on certain property located 1250 feet south of Virginia Beach Boulevard, 350 feet west of Clearfield Avenue. Said parcel is located at 5345 Virginia Beach Boulevard and contains 1.82 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BORUGH. The following conditions shall be required: 1. An automatic sprinkler system and an automatic fire alarm system meeting the approval for the City Fire Protection Engineer. 2. Paved access to the site from Clearfield Avenue must be provided. 3. The open space is to remain undeveloped. 4. Parking shall be reduced from 70-75 spaces to a level more consistant with the usage of said application. 5. Trees on the side shall be retained as a buffer and additional landscaping shall enhance the site. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of October, Nineteen Hundred and Eighty-six. - 22 - Item II-F.2.b PUBLIC HEARING PLANNING ITEM # 26176 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 23 - Item II-F.2.c. PUBLIC HEARING PLANNING ITEM # 26177 Attorney Michael E. Wood, represented the applicant Thomas J. Hansen, Vice President of the Dragas Companies who are the contract purchasers of the Colcon Property Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of COLCON DEVELOMENT COMPANY, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF COLCON DEVELOPMENT COMPANY, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-3 TO A-2 Z010861122 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Colcon Development Co., Inc. for a Change of Zoning District Classification from B-3 Central-Business District to A-2 Apartment District on certain property located on the south side of Southern Boulevard beginning at a point 450 feet east of Constitution Drive on Lots 74-78, A. C. Jarvis Land. Said parcel contains 10-0349 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Prior to the changing of the official zoning maps, the following requirement will be met: Dedication of right-of-way along Constitution Drive in accordance with the Master Street and Highway Plan. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of October, Nineteen Hundred and Eighty-six. - 24 - Item II-F.2.c. PUBLIC REARING ITEM # 26177 (Continued) PLANNING Voting: 7-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley,* Mayor Robert G. Jones and John L. Perry Council Members Voting Nay: Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: Vice Mayor Meyera E. Oberndorf *Verbal Aye - 24a - STATEMENT OF CONSENT APPLICA14T: Colcon Development Company, Inc. APPLICATION@ Change of Zoning DESCRIPTION: From B-3 Central-Business District to A-2 Apartment District CITY COUNCIL SESSION: October 13, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), IIAS REVIEWED T[iE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON TIIIS DATE AS THEY APPLY TO THE KEFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AliD HEREBY ACCEPTS AND AGREES TO: 1. Dedication of right-of-way along Constitution Drive in accordance with the Master Street and Highway Plan. @e-r- By: Date: - 25 - Item II-I.2 ORDINANCES ITEM # 26178 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED upon SECOND READING: Ordinance to appropriate funds in the amount of $2,450,000 for property required for the construction of a second bridge over Rudee Inlet. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf 25a - AN ORDINANCE TO APPROPRIATE FUNDS FOR PROPERTY REQUIRED FOR THE CONSTRUCTION OF A SECOND BRIDGT OVER RUDEE INLET WHERFAS, Council in adopting the 1985-86/1989-90 Capital Improvement Program (CIP), approved project #2-903 Rudee Inlet Bridge, for construction in 1989, at an estimated total cost of $6,379,074, and WHEREAS, this is a joint project between the City of Virginia Beach and the Virginia Department of Highways and Transportation, with the city's share of the costs to be $3is,954, and WHEREAS, the site required for the construction of this project has had a development plan, which meets all city requirements, submitted to the Planning Department for approval, and WHEREAS, the city must either approve the development@of this site and issue the appropriate permits or purchase the property now for the bridge construction, and WHEREAS, the City Council, on August 18th instructed staff to acquire the property required for the location of the bridge from its present owners, and WHEREAS, a sale price of $2,450,000 has been negotiated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CI7Y OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $2,450,000.00 be appropriated to project 02-903 Rudee Inlet Bridge from the Undesignated General Fund balance for the construction of the second bridge over Rudee Inlet, and BE IT FURTHER ORDAINED that the City Manager is authorized to acquire this site from its present owners. This ordinance shall be effective from the date of.its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of October 1986 1986. FIRST RETLDING: October 6, 1986 SECOND R@ING: October 13, 1986 CAC/I ORD13.CSR - 26 - Item II-G.2 ORDINANCES ITEM # 26179 Lou Pace, resident of Hunt Club Forest, spoke concering the abuse of the tax dollar. Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED, upon SECOND READING, AS AMENDED*: Ordinance to adopt the FY 1986-87/FY 1990-91 CAPITAL IMPROVEMENT PROGRAM and to appropriate $99,859,@ $100,523,205 for the FY 1986-87 Capital Budget, subject to funds being provided from various sources set forth herein. Councilman Heischober included in said MOTION a two-Member Council Committee be appointed to review concerns with City Staff concerning the Juvenile Court relative the space allocation, parking, most cost-effective physical location of the building and security needs and report back to Council within ninety (90) days. These issues must be addressed in tandom with the issue of financing. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 26a - AN ORDLNANCE TO ADOPT THE FY 1986-87/FY 1990-91 CAPITAL IMPROVEMENT PROGRAM AND TO APPROPRIATE $100,523,205 FOR THE FY 1986-87 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN WHEREAS, the City Manager, on September 22, 1986, presented to City Council the Capital Improvement Program for fiscal years 1986-91, and WHEREAS, City Council held two public hearings on the program to provide for public comment, and WHEREAS, based on public comment, City Council has determined the need for the projects in the Capital Improvement Program, and WHEREAS, it is necessary to appropriate funds for the projects underway or beginning in the 1986-87 fiscal year as set forth in said Capital Improvement Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1: That the program for the construction of, or addition to capital facilities identified for fiscal years 1986-87 through 1990-91 is hereby adopted and that projects listed herein are approved as capital projects. Section 2: That the projects shall be financed from funds to be appropriated periodically by City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or resche- duled in any manner at any time by City Council. Section 3: That funds in the amounts aggregating $100,523,205 for capital projects underway or beginning in the 1986-87 fiscal year as set forth in said Capital Improvement Program are liereby appropriated, subject to the conditions hereafter set forth, as follows: Capital Project Appropriation School Projects: 1-928 Kellam High School Roofing $ 300,000 1-937 Salem Junior High School 2,605,315 1-951 Salem Senior High Scliool 5,567,000 1-955 Salem Elementary School 2,300,OOU 1-962 Parkway Elementary School 2,490,000 1-963 Various Schools Air Conditioning - Phase 1 965,000 1-969 West Kempsville Elementary II 6,775,000 1-970 School Bus Maintenance Facility 54,600 -1- Capital Project Ap School Project-. 1-971 Independence Junior High School Tennis Court 75,000 1-981 Farmers' Market Junior High - Site Acquisition 1,400,000 1-984 Ocean Lakes Elementary School 2,000,OOU 1-985 London Bridge Road Elementary - Site Acquisition 535,000 1-987 Glenwood Elementary School 5,000,000 1-988 Red Mill Farm Elementary School 1,000,000 Total School Projects 1,066,915 Engineering and Highwa s Projects: Roadways: 2-004 Lake Smith Spillway Bridge $ 52,015 2-006 Baxter Road Widening 2,241,130 2-007 Constitution Drive 10,000 2-021 Rural Road Improvements 300,000 2-034 Pavillion Drive - South 54,028 2-036 Master Street and Highway Plan 100,000 2-039 Dam Neck Road - Phase I 1,100,913 2-055 London Bridge Road Phase I 310,781 2-061 Lynnhaven Parkway Phase VII 200,000 2-063 Ferrell Parkway - Phase IC 200,000 2-064 Independence Boulevard - Phase IIA 200,000 2-065 Indian River Road - Phase IV 1,3UO,000 2-070 Northampton Boulevard - Phase 11 200,000 2-071 Dam Neck Road - Phase II 260,527 2-072 Birdneck Road and Southern Boulevard 260,000 2-410 Great Neck Road - Phase Ii 832,845 2-412 Virginia Beach Boulevard - Phase I 237,338 2-600 Virginia Beach Boulevard - Phase II 1,329,600 2-816 Highway Safety Improvement Project 200,000 2-829 International Parkway Bridge 179,556 2-831 Independence Boulevard - Phase Ill 2,000,000 2-833 First Colonial Road - Phase III 10,000 2-834 Princess Anne Road and Kempsville Road Intersection 740,800 2-837 Various Public Improvements 50,000 2-901 Holland Road - Phase IV 3,549,442 2-910 General Booth Boulevard - Phase II 700,000 2-911 Kempsville Road - Phase 11 98,073 2-919 Shipps Corner Road and Bridge 170,000 2-925 Northampton Boulevard - Phase I 4,567,652 2-929 Virginia Beach Boulevard - Phase III 30,000 2-935 Lynnhaven Parkway - Phase V 3,200,000 2-936 Ferrell Parkway - Phase IB 4,184,219 2-946 Gracetown Street Improvements 172,000 2-952 Back Bay Marina Bridge 542,79U 2-962 Pungo Ferry Road Bridge 251,303 2-980 Seatack Streets - Phase IIA 282,717 2-983 Reedtown Streets 2b5,000 2-984 Seatack Streets - Phase IIB 175,000 2-988 Computerized Signal System Expansion 290,000 2-989 Rosemont Road - Phase III 1.641,666 Total Roadways $ 32,489,395 Stormwater: 2-001 Indian River Road Box Culvert $ 264,210 2-014 Lynnhaven Inlet Dredging 106,000 2-017 City Stormwater Study 445,000 2-018 Rudee Inlet Bulkheading 54,424 2-020 Various Drainage Improvements 200,000 2-712 Eastern Branch Dredging 598,498 2-815 Stumpy Lake Drain Improvements 77,263 2-817 Chesapeake Beach Drainage 48,900 2-819 ocean Park Drainage 612,274 2-830 Rudee Inlet Dredging 63,000 2-902 North Beach Drainage - Phase III 11,400 2-909 Canal No. II - Phase Il 156,100 2-933 Landfill No. II Expansion 1,050,455 Total Stormwater $ 3,687,524 -2- Capital Project Appropriation Engineering and High Bikeways: 2-047 Sandbridge Bikeway $ 171,818 2-068 Bayfront Bikeway 141,435 Total Bikeways 313,253 Resort Area: 2-048 .rdwlk ievitalization $ 440,000 2-054 City Gateway Project 593,010 2-066 Stub Street Improvements 220,000 Total Resort Area $ 1,253,010 Total Engineering and Highways Projects 37,743,L81 Building Projects: 3-905 Central Library 2,837,241 3-910 Kempsville Public Safety & Library Services Expansion 166,000 3-912 Fire Station #21 Stumpy Lake 42,877 3-938 Human Resources Building 16,620 3-949 Seatack Community Center 35,439 3-964 Circuit Court Renovation 27,949 3-966 TCC Site Improvements - Phase III 150,000 3-973 Percent for Arts Program @0, 8@2 Total Building Projects $ 357,108 Parks and Recreation Projects: 4-939 Neighborhood Park Development & Acquisition $ 250,000 4-801 Virginia Beach Community Center - #2 5,000,000 4-913 Great Neck Park - Phase I 290,000 4-914 Red Wing Expansion 605,000 4-933 Virginia Beach Community Center - #3 100,000 4-935 PA Park Recreation Facility 01000 Total Parks and Recreation Projects $ 295,QUO Water Utility Projects: 5-006 Dam Neck Road - Phase II 30,000 5-304 Small Line Improvements 245,816 5-306 Water Request & Agreement Project 6,250,550 5-617 Queen City Area 4,680 5-712 Sandbridge Road 35,000 5-713 Landstown Suction 135,000 5-820 Plaza Park Tank 400,000 5-832 Comprehensive Water Study 100,000 5-833 Various Highway Projects 64,000 5-836 Landstown Yard improvements 50,000 5-939 Kempsville Suction - Phase 11 230,000 5-953 Great Neck Road - Phase II oo,ooo 5-956 Holland Road - Phase IV 65,000 5-963 Reedtown Area 64,625 5-964 Water Resources - Lake Gaston 6,055,000 5-967 Cavalier Park/Linkhorn Park Area 80,000 5-968 Control Center Modernization 215,000 5-977 Kempsville Pump Station Modification 20,000 5-978 Indian Lakes Boulevard 50,000 5-979 Newtown Road 183,000 5-981 Bayside-Diamond Springs Road 35,000 5-982 Parliament Drive 25,000 5-985 Shore Drive 15,000 5-987 Alabama Road 14,000 5-997 Credle Road 20,000 5-999 Birdneck Road - Phase IA 165,OUO Total Water Utility Projects $ 4,611,671 -3- Capital Project Appropriation Sewer Utility Projects: 6-315 Queen City $ 1,320 6-316 Various Sewer Projects 360,814 6-605 Pump Station Modifications 300,000 6-815 Infiltration, Inflow & Rehabilitation 400,000 6-824 Various Highway Projects 115,000 6-828 Landstown Yard Improvements 50,000 6-830 Lake Smith/Shell Road 10,000 6-923 Reedtown 157,195 6-925 Atlantic Avenue Improvements 220,000 6-928 Cavalier/North Linkhorn Park 620,000 6-929 Elizabeth River Shores 792,000 6-932 Lakeview Park 2,074,000 6-933 Croatan Beach 724,000 6-934 Bay Colony 550,000 6-935 Broad Bay Colony 330,000 6-937 Aragone Rehabilitation 100,000 6-938 PA Plaza Rehabilitation 100,000 6-939 Comprehensive Sewer Study 200,000 6-952 Lakeside Drive/Poplar Point Road 38,000 6-962 Timberlake Force Main 92,UOO 6-964 Baxter Road 215,OUU Total Sewer Utility Projects $ 7,449,329 TOTAL APPROPRIATIONS $ 100,523,205 To be funded from the following sources: Source Amount General Appropriation $ 5,016,361 Fund Balance - Prior 13,423,690 Fund Balance - New 2,466,982 1986 Charter Bonds 24,100,000 1986 Referendum Bonds - Schools 16,710,000 1986 Referendum Bonds - Roadways 5,300,000 1986 Referendum Bonds - VBCC - #2 5,000,UOO FY 1987 Revenue Sharing 4,500,000 Federal Contribution 900,717 State Contribution - Water and Sewer Fund 16,000,000 Water Resource Recovery Fees 6,055,000 Landfill Fees 1,050,455 TOTAL SOURCES $ 100,523,205 Amounts appropriated above amend any 1986-1987 fiscal years allo- cations previously authorized in the FY 1986 - FY 1987 Operating Budget adopted by the City Council on May 15, 1986. The appropriations which are supported by 1986 referendum bonds are subject to voter approval prior to final appropriation. Section 4. The capital project funds appropriated in prior fiscal years are to be reallocated in accordance with said Capital Improvement Program as follows: Schools: 1-963 Various Schools Air Conditioning - Phase I + 535,000 -4- Capital Pr e@ct Ap ropriation Engineering and Highways: Roadways: 2-828 Independence at Ferrell - 255,000 2-021 Rural Road Improvements + 250,000 2-951 Lake Banbury Outfall Drainage + 5,000 Resort Area 2-048 Boardwalk Rivitilization - 1,025,125 2-066 Stub Street Improvements + 1,025,125 2-067 Resort Streetscape Demo. Project + 400,000 2-049 Resort Streetscape Improvement - 400,000 2-056 Museum Park/Nature Area + 165,000 2-059 Owl Creek Golf Course - 165,000 Parks and Recreation: 4-801 VBCC-#2 - 1,330,800 4-933 VBCC-#3 - 635,000 4-935 PA Park - Phase I + 980,800 2-816 Highway Safety Improvement Project + 350,000 4-807 Great Neck Meadows Park - 76,500 4-913 Great Neck Park - Phase I + 176,500 Section 5. That additional appropriations and the addition of capital projects shall not be initiated except with the consent and approval of the City Council first being obtained. Section 6. That the restriction with respect to the expenditure of funds appropriated shall apply only to the totals for each project class within each funding source included in this ordinance. All contracts awarded for approval and appropriated capital pro- jects, exclusive of school projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. Section 7. That this ordinance shall be in effect from and after the date of its adoption. Section 8. That if any part or parts, section or sections, sen- tences, clauses, phrases of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of tlie remaining portions of this ordinance. First Reading: October 6, 1986 Second Reading: October 13, 1986 Adopted by Council of the City of Virginia Beach, Virginia on the 13th day of October , 1986. -5- - 27 - Item II-H. CONSENT AGENDA ITEM # 26180 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, and 7 of the CONSENT AGENDA. Items 5 and 6 were pulled for a separate vote. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 28 - Item II-H.1 CONSENT AGENDA ITEM # 26181 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right-of-way for Virginia Beach Boulevard and Davis Street Traffic Control easement and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 28a - AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR VIRGINIA BEACH BOULEVARD AND DAVIS STREET TRAFFIC CONTROL EASEMENT AND THE ACQUISITION OF TEMPORARY AND PERRANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important traffic control easement to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the plans entitled, "PHYSICAL SURVEY OF VIRGINIA BEACH BLVD. & DAVIS STREET CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION," these plans being on file in the Office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Couhcil of the City of virginARPROVEDAS TO CONTENTS Virginia, on the 13 day of October 1986. SICNATURE JAR: kg DEPART@,@N; API@R,-@VEi " U; F; -- 1 @ @ "-- Y A f 4 L) - 29 - Item II-H.2 CONSENT AGENDA ITEM # 26182 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED upon SECOND READING: Ordinance to appropriate $11,705,613 for Fiscal Year 1987 for the payment of Purchase Orders brought forward from Fiscal Year 1986. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 29a AN ORDINANCE TO APPROPRIATE $11,705,613 FOR FISCAL YEAR 1987 FOR THE PAYMEt:.,T OF PURCHASE ORDERS BROUGliT FORWAPJ) FROM FISCAL YF.AR 1986 W@,,EREAS, during the course of business in fiscal year 1986, purchase orders or contracs were issued committing the City to purchases of materials, supplies, equipment or services for use by several departments, divisiolls, or bureaus, and WHEREAS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1996 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on JLr..ie 30, 1986 there were purchase orders or contracts totalling $11,705,613 for wliich materials, supplies, equipment or services had not been delivere,d or invoiced. NOW, THEREFORE, BE IT ORDAI@IED BY TIYE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the funds totailing $11,7j5,613 unexpended and represerted by purchase orders outstanding on June 30, 1986 be reappropriated as additions to fiscal 1987 appropriations to the respective departments, divisions, or bureaus of the city so that upon delivery of the materials, supplies, equipment or services, tiiere shall be sufficient funds to make payrqent. These funds shall be appropriaced from the lollowing respective fund balances: General $ 5.844,822 School Ooeratin@ 3.248,203 Water and Sewer 1,540,002 E-911 Corimunication System 332,469 City Gara-e 100,564 Telecom 54,790 Print Shop 40,667 Pendletoil Child Service (:enter 24,508 Automated l-inger Print 11) 14,767 GOI,@ COLirse 2 63 7 'I'idewatur Virginia ASAII 1,110 Risk Management 579 Law Library 495 Total Outstandini,, $11,705,613 Th-@s ordinance shall be effective @rom the date of its adoption. Adooted by the Ccuncil of the City of V-',rginia Beach, Virginia on 13 day of October 1986. PUBLIC '@EARIt@G: October 6, 1986 FIRST READlt4C: Orfohp, F, I 9,qF; @O@/rD A" ro CONTEi4r APP., SECOND 9.EADII,(;: October 13, 1986 L)EPAR fmEt4T icm 'ITY AT,'@)RN@f - 30 - Item II-E.3. CONSENT AGENDA ITEM # 26183 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED upon SECOND RFADING: Ordinances to appropriate a total of $19,018,408 for School Board Grants and Enterprise Funds: Textbook Rental Fund Budget - $2,588,040 Special Categorical Grants for School Year 1986-87 - $7,381,908 School Cafeteria Enterprise Fund Budget - $9,048,460 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 30a - AN ORDINANCE TO APPROPRIATE FUNDS OF $2,588,040 FOR THE FY 1986-87 SCHOOL TEXTBOOK RENTAL FUND BUDGET WHEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the rental of textbooks require an appropriation.of the local governing body, and WHERFAS, the Virginia Beach School Board has a textbook rental plan whereby rental income is deposited in a textbook rental fund and purchases of textbooks and other related expenses are paid from this fund, and WHEREKS, the School Board has submitted a Textbook Rental Fund budget for FY 1986-87 in order to comply with the Attorney General's opinion, and WHEREAS, the Textbook Rental budget approve by the School Board included total revenues of $2,588,040 and total disbursements of $2,588,040 for fiscal year 1986-87. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF.ACH, VIRGINIA that funds of $2,588,040 be appropriated for a School Textbook Rental Fund budget in the manner approved by the School Board. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues of $2,588,040 in the Textbook Rental Fund. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of October 1986. FIRST HEKRING: October 6, 1986 SECOND HEARING: October 13, 1986 CAC/1 ORD14.CSR 30b AN ORDINANCE TO APPROPRIATE FUNDS OF $7,381,908 FOR CITY OF VIRGINIA BEACH SCHOOL PROGRAMS FUNDED By SPECIAL CATEGORICAL GRANTS FOR SCHOOL YEAR 1986-87 WHEREAS, the Virginia Beach School Board has been notified that it will receive funds of $7,381,908 through special state and federal categorical grants for the School year 1986-87, and WHEREAS, these funds were not included in the Fy 1986-87 School Operating Budget approved by City Council, and WHEREAS. the School Board approved this funding and requests that City Council appropriate these funds, and , it is desirable and necessary for the City Council to appropriate these funds prior to the expenditure itself. NOW. TOMORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BFACH, VIRGINIA that funds of $7,381,908 be appropriated for school purposes for FY 1986-87 under the auspices of th* following grantst Grants - Sources Amount Chapter I (Carry Over 1985-86) Federal $ 1,609,295.62 Chapter I 1986-87 Federal 2,619,976.00 Chapter II (Carry-over 1985-86) Federal 102,246.00 Chapter II 1986-87 Federal 326,374.00 Title VI-B, P.L. 94-142 (Carry-Over) Federal 1,027,420.95 Title VI-B, P.L. 94-142 1986-87 Federal 1,262,803.00 Title VI-C, Preschool P.L. 94-142 Federal 26,162.00 Title II, E.E.S.A. Federal 50.334.00 ABE Grant P.L. 91-230 1986-87 Federal 18.701.43 Transition Program-Refuges Children Federal 16,575.00 Title VI-C, P.L. 89-313 Federal 7,270.00 Rmadial Education State 300,000.00 Graduation Pilot Program State 8,750.00 Retention Pilot Program State Total $ 7,38!::O,::,,,O, BE IT FURTHER ORDAINED that this appropriation be financed by $314,750 estimated revenue from the Commonwaalth and $7,067,158 estimated revenue from the Federal Government. and BE IT FURTHER ORDAINED that this appropriation is authorized subject to the expenditures being incurred with no local match. This ordinance shall be effective from the date of its adoption. Adopted b the Council of the City of Virginia Beach. Virginia on .y the 13 day of October 1986. FInT READING: October 6, 1986 SECOND READING: October 13, 1986 - 30c AN ORDINANCE TO APPROPRIATE FUNDS OF $9,048,460 FOR THE FY 1986-87 SCHOOL CAFETFRIA ENTERPRISE FUND BUDGET WHERF-AS, the Attorney General of Virginia has opined that School B6ard expenditures of funds generated by the sale-of cafeteria meals require an appropriation of the local governing body, and WHEREAS, the Virginia Beach School Board has a cafeteria meal program whereby meal income is deposited in a cafeteria enterprise fund and purchases of food and other reiated expenses are paid from this fund, and WHEREAS, the School Board has submitted a Cafeteria Enterprise Fund budget for FY 1986-87 in order to comply with the Attorney General's opinion, and WHEREAS, the Cafeteria Enterprise Fund budget approved by the School Board included total revenues of $9,048,460 and total disbursements of $9,048,460 for fiscal year 1986-87. NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CI7Y OF VIRGINIA BEACH, VIRGINIA that funds of $9,,048,460 be appropriated for a School Cafeteria Enterprise Fund budget in the manner approved by the School Board. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues of $9,048,460 in the Textbook Rental Fund. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of October 1986. FIRST READING: Ortnhpr 6. 1986 SECOND READING: October 13, 1986 CAC/4 ORD16.CSR - 31 - Item II-H.4 CONSENT AGENDA ITEM # 26184 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer $30,000 for purchase of a replacement Telephone System for the Department of Mental Health/Mental Retardation and Substance Abuse. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 31a - AN ORDINANCE TO TRANSFER $30,000 FOR PURCHASE OF A REPLACEMENT TELEPHONE SYSTF14 FOR THE DEPARTMENT OF MENTAL HEALTH/ MENTAL RETARDATION AND SUBSTANCE ABUSE WHEREAS, the telephone system currently in use in the Mental Health Division of the Department of Mental Health/Mental Retardation and Substance Abuse is exper- iencing significant levels of malfunction and subsequent repairs, and WHERF-AS, the current lessor can no longer guarantee repair of the system due to non-availability of replacement parts, and WHEREAS, cost analysis by the Department of Finance and the Department General Services has shown that purchase of a new system is more economical than lease of a new system, and WHEREAS, the purchase of a new system will complement the long range plan of the Assistant City Manager for Human Services to locate many of the programs of the Department of Mental Health/Mental Retardation and Substance Abuse at the Little Neck Human Services Complex which presently houses Social Services, Juvenile Probation Family Services Unit, Housing and Community Development, Preventive Health, Virginia Beach Comunity Development Corporation, Sheltered Workshop of MH/MR and a satellite office for the Endependence Center, and WHEREAS, the Department of Mental Health/Mental Retardation and Substance Abuse has identified funds in the FY 1986-87 Operating Budget which will be lapsed due to personnel turnover and to funding for rental of current telephone systems. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $30,000 be transferred within the Department of Mental Health/Mental Retardation and Substance Abuse for purchase of a new telephone system for the Division of Mental Health. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of October 1986. KAR I 0 - 32 - Item II-H-5- CONSENT AGENDA ITF24 # 26185 The City Yianger advised advertisiement for bids for the next maintenance dredging of Lynnhaven Inlet is presently planned by the Norfolk District Corps of Engineers for October 23, 1986. The estimated total amount for material to be dredged is 206,900 cubic yards, which includes approximately 43,700 cubic yards of overdredging to be used for future beach nourishment. This material will be placed as follows: Ocean Park Beach Nourishment 112,300 cubic yards Maple Street Spoil Site 9,200 cubic yards Lesner Bridge Spoil Site 85,400 cubic yards The City has received the following preliminary cost estimate from the Corps representing the City's share of the subject project: Over-dredging at City request for stockpile (43,700 cubic yards) $136,563 Site preparation Maple Street $ 27,595 Site preparation and other work incidental to Ocean Park Beach $ 90,225 Marsh Mitigation $ 30,000 Total Cash Contribution $284,383 The 1986-1987 Capital Improvement Program includes $106,000 for the Lynnhaven Inlet Maintenance Dredging Project. Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council AODPTED Ordinance to transfer $178,383 from Project #2-951 Lake Banbury Outfall Drainage to Project #2-014 Lynnhaven Inlet Maintenance Dredging. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 32a - AN ORDINANCE TO TRANSFER $178,383 FROM PROJECT #2-951 LAKE BANBURY OUTFALL DRAINAGE TO PROJECT #2-014 LYNNHAVEN INLET MAINTENANCE DREDGING WHEREAS, the Norfolk District Corps of Engineers has responsibility for maintaining the federally authorized navigation channels, and WHERF.AS, the City of Virginia Beach is required to provide certain items of local cooperation, including all disposal sites and the site preparation, and WHEREAS, the Norfolk District Corps of Engineers plans to let bids for the next maintenance dredging of Lynnhaven Inlet on October 23, 1986, and WHEREAS, this includes the removal of 206,900 cubic yards of material, 43,700 of which is "over dredging" to be used for future beach nourishment, and WHEREAS, tbe following preliminary cost estimate from the Corps represents the city's share of the total project costs: Over-dredging at city request for stockpile $ 136,563 Site preparation at the Maple Street spoil site 27,595 Site preparation and other work incidental to Ocean Park Beach nourishment 90,225 Marsh Mitigation 30,000 Total cash contribution 383 WHEREAS, the 1986-1987 Capital Improvement Program includes $106,000 for project #2-014 Lynnhaven Inlet Maintenance Dredging, and WHEREAS, the agreement with the Corps of Engineers requires the city to provide cash contribution prior to the advertisement of bids. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $178,383 be transferred from project #2-951 Lake Banbury Outfall Drainage to project #2-014 Lynnhaven Inlet Maintenance Dredging for the city's share of the project costs. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of October , 1986. - 33 - Item II-I.6. CONSENT AGENDA ITEM # 26186 James Pugh, resident of South Birdneck Road, spoke in OPPOSITION Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council ADOPTED: Ordinance appointing viewers in the petition of Marc Lynn Associates for the closure of a portion of a 401 Unnamed Street (Lynnhaven Borough) That certain portion of a 401 unnamed street (right-of-way) located on the eastern side of South Birdneck Road, as shown on that plat entitled "Portion of 40' Unnamed Street as shown on plat entitled property of Thomas Lamb located near Seatack, M.B. 20, P. 32, Lynnhaven Borough, Virginia Beach, Virginia" and more particularly described as follows: Beginning at a point located by beginning in the eastern right-of-way line of South Birdneck Road at a pin, the southwest corner of Lot 4 as shown on the aforementioned plat, and running thence South 67 degrees 55' 5111 East 125.66 feet to a point in the western line of Lot 7 as shown on said plat; thence South 22 degrees 04' 09" West a distance of 5.0 feet to a pin at the southwestern corner of Lot 7, the true point of beginning; thence from said point of beginning, so located, South 22 degrees 04' 0911 West a distance of 35.0 feet to a pin; thence South 67 degrees 55' 51" East a distance of 280.0 feet to a point; thence along an arc of a curve with a radius of 20 feet an arc distance of 31-42 feet to a pin; a pin in the southern line of Lot 14; thence North 67 degrees 55' 51" West a distance of 300.0 feet to the point of beginning. The Viewers are: David Grochmal Director of General Services C. Oral Lambert Director of Public Works Robert J. Scott Director of Planning The City Staff will prepare a larger map to accompany this Street Closure and adjacent property owners wil be notified when said Street Closure is SCHEDULED for City Council. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 33a - ORDINANCE APPOINTING VIEWERS WHEREAS, Marc-Lyn Associates has given due and proper notice, in accordance with the statutes for such cases made and provided that they will u-m tihe 1 -it-h day of October 1 1986, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinu- ance of the hereinafter described portions of that certain street (right-of-way) of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT, RoberL Scott C. Oral Lan-bert, Jr. and David Grochml are liereby appointed to view the below described property and report in writing to the Council on or before 1986, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of portions of that certain street (right-of-way) of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: THAT CERTAIN portion of a 40' unnamed street (right-of-way) located on the eastern side of South Birdneck Road, as shown on that plat entitled "Portion of 40' Unnamed Street as Shown on Plat Entitled Property of Thomas Lamb located near Seatack, M.B. 20, p. 32, Lynnhaven Borough, Virginia Beach, VA." and more particularly des- scribed as follows: Beginning at a point located Uy, CROMWELL, BETZ by beginning in the eastern right-of-way line of & LUSTIG, P.C. South Birdneck Road at a pin, the southwest A-...@Y@ T L.. corner of Lot 4 as shown on the aforereferenced plat, and running thence S 67* 55' 51" E 125.66 feet to a point in the western line of Lot 7 as shown on said plat; thence S 22* 04' 09" West a distance of 5.0 feet to a pin at the southwestern corner of Lot 7, the true point of beginning; - 33b - thence from said point of beginning, so located, S 22* 04' 09" W a distance of 35.0 feet to a pin; thence S 67@ 55' 51" E a distance of 280.0 feet to a pin; thence along an arc of a curve with a radius of 20 feet an arc distance of 31.42 feet to a pin; thence N 22* 04' 09" E a distance of 15.0 feet to a pin in the southern line of Lot 14; thence N 67' 55' 51" W a distance of 300.0 feet to the point of beginning. All of the above as shown upon that certain plat entitled, "PORTION OF 40' UNNAMED STREET AS SHOWN ON PLAT ENTITLED PROPERTY OF THOMAS LAMB LOCATED NEAR SEATACK, M.B. 20, p.32 , LYNNHAVEN BOROUGH , VIRGINIA BEACH, VA. " which pl at is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. ADOPTED: October 13, 1986 Uy, CROMWELL, BETZ & LUSTIG, P.C. ATT.R@lY@ Al L@W 33c GUY, CIRO@LL, BETZ & LuSTI(), P. C. R.- D 0- ATToRmays "D CoumoR@as Ai LA@ A--- C-. J. P- T.- P.- O..-s- M: In Vmom- B.-M, vmom" ...... F" D.-, J. C. P@. 0- September 1986 1, R. Edward Bourdon, Jr., Attorney for Marc-Lyn Associates, do hereby certify that: 1. I am ar, attorney at law and represent Marc-Lyn Associates, a Virginia General Partnership. 2. That based upon my examination of title, it is my opinion that if the portion of that 40' unnamed right-of-way sought to be closed is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said unnamed right of way will vest in the owners of the fee in all adjacent property, subject to the right of the City of Virginia Beach to require compensation in accordance with Section 15.1-366 of the Code of Virginia, 1950, as amended. 3. The portion of street to be closed, referred to herein, is described as follows: THAT CERTAIN portion of a 40' unnamed street (right-of-way) located on the eastern side of South Birdneck Road, as shown on that plat entitled "Portion of 40' Unnamed Street as Shown on Plat Entitled Property of Thomas Lamb located near Seatack, M.B. 2U, p. 32, Lynnhaven Borough, Virginia Beach, VA." aild more particularly described as follows: Beginning at a point located by beginning in the eastern right-of-way line of South Birdneck Road at a pin, the southwest corner of Lot 4 as shown on the aforereferenced plat and running thence S 67' 55' 51" E 125.66 feei to a point in the western line of Lot 7 as shown on said plat; thence S 22* 04' 09" West a distance of 5.0 feet to a pin at the southwestern corner of Lot 7, the true point of beginning; thence from said point of beginning, so located, S 22 04' 09' W a distance of 35.0 feet to a pin; thence S 67 55' 51" E a distance of 280.0 feet to a pin; thence along an arc of a curve with a radius of 20 feet an arc distance of 31.42 feet to a pin; thence N 22 04' 09" E a distance of 15.0 feet to a pin in the southern line of Lot 14; thence N 67 55' 51" W a distance of 300.0 feet to the point of beginning. GUY, CROMWELL, BETZ & LUSTIG, P.C. BY: Bourdon, - 34 - Item II-H.7 CONSENT AGENDA ITEM # 26187 Upon motion by Councilman Heischober, seconded by Counciiman Fentress, City Council APPROVED: LOW BID to Crowder Contracting Company in the amount of $332,750 for Pump Station Modifications (cip 6-605). Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 35 - Item II-I.1/2 APPOINTMENTS ITEM # 26188 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS: VIRIGNIA BFACH ARTS CENTER - Board of Trustees/Execuitve Committee VIRGINIA BEACH BOND REFERENDA COMMITTEES - 36 - Item II-J.1. UNFINISHED BUSINESS ITEM # 26189 TIDEWATER TRANSPORTATION DISTRICT COMMISSIONI Light Rail Project Robert Gray, Chairman of the Tidewater Transportation District Commission, advised the TIDEWATER TRANSPORTATION DISTRICT COMMISSION had completed its initial investigation in the cost effectiveness of restoring passenger light rail service between Virginia Beach and Norfolk. TRT is seeking City suppport for the development of the following studies: 1. Intersection treatments at rail crossings. 2. Station location, access and design. 3. Feeder bus service. 4. Cost allocation between the Cities of Virginia Beach and Norfolk. These studies will be performed by TRT or their consultants under the normal planning and funding process and no additional appropriation from the cities will be necessary. Concerning a traffic solution, Mr. Gray advised TRT focused on the corridor fifteen-mile link beween Norfolk and Virginia Beach. The Pembroke Area is fast becoming the commercial center of Virginia Beach. High Occupancy Vehical Lanes (HOV) would make more efficient use of the corridor, devoted exclusively to buses, vans and car pools. These HOV's are in use on Interstate 64 and the Expressways. Mr. Gray presented a slide demonstration displaying the benefits of a possible solution by utilizing the exisiting corridor that parallels the expressway, the Norfolk/Southern Right-of-Way. The Norfolk/Southern still utilizies same at night. This right-of-way is available during the daylight hours up until midnight. The goal was to utlilize the rail, as is. The system would be electrified and a single-track line with passing tracks at regular intervals to maintain two-way service. The total proposed line is 18 miles in length with a total of fourteen (14) stations. Five of these stations would be major in nature: Virgnia Beach Stations (19th Street area) Princess Anne Plaza Pembroke/Independence Boulevard City Government Center (Norfolk) City Hall Avenue and Bank Street The complete 18-mile trip would take only 38 minutes. Hours of operation would be 6:00 A.M. to 10:00 P.M. Sundays thru Thursdays and to Midnight on Fridays and Saturdays. The first year would entail planning and design, the next year and a 'half would be construction, and the final three months would involve testing. It would cost approximately $9.8 MILLION to rehabilitate the Norfolk/Southern right-of-way. Construction costs will be $14 MILLION. The balance, $74-1/2 MILLION is for the LRT Vehicles and their necessary adjuncts. In the final analysis, total cost for the system would evolve to $5-1/2 MILLION per mile. Mr. Gray advised a more precise cost estimate must be determined and how they would be shared between the entities involved. The report advises floating a bond issue over a period of a fifteen to twenty-year period. The net cost for the program would be approximatley $7 MILLION a year to retire the Bonds. - 37 - Item II-J.1. UNFINISHED BUSINESS ITEM # 26189 (Continued) TIDEWATER TRANSPORTATION DISTRICT COMKISSION Steve Sinclair, represented self and spoke in support of the proposed rail system. Cyndy Bourquard, Norfolk/Virginia Beach League of Women Voters spoke in support and distributed a statement (said statement hereby made a part of the record) The following were in attendance but did not speak: Duncan Brown, representative of Tri-Video in Chesapeake, who prepared the video for TRT. A. Jeff Becker, Service Development Manager, Tidewater Transporation District Commission. James Echols, Executive Director of the Tidewater Transportation District Commission Mrs. Jane Whitney, Transportation Planner, Tidewater Transporation District Commission Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council AUTHORIZED: Additional analysis and information concerning certain aspects of the light rail project by TIDEWATER TRANSPORTATION DISTRICT COMMISSSION. Voting: 8-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan and Nancy K. Parker Council Members Voting Nay: John D. Moss and John L. Perry* Council Members Absent: Vice Mayor Meyera E. Oberndorf *Verbal Nay - 38 - Item II-L.1 AWOURNMENT ITEM # 26190 Upon motion by Councilman Baum, seconded by Councilman Moss, and BY ACCLAMATION, City Council ADJOURNED the Meeting at 5:07 P.M. Bever@ 0. Hooks Chief Deputy City Clerk Ru-th Hodges S. th, C14C City Clerk City of Virginia Beach Virginia