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JUNE 13, 1995 MINUTESCity Gl Vir' i i "WORLD'S LARGEST RESORT CITY" t'l I Y t'()UNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large JOHN A BAUM Blackwater Borough L/NWOOD O BRANCH Ill V~rgm~a Beach Borough ROBERT K DEAN Pnncess Anne Borough W W HARRISON, IR Lynnhaven Borough HAROLD HEISCHOBER, At Large BARBARA M HENLEY, Pungo Borough LOUIS R JONES, Baystde Borough NANCY K PARKER, At Large LOUISA M STRAYHORN, Kempstalle Bo~ugh ]AMES K SPORE, C~ty Manage~ LESLIE L LJLLEY, C,ty Attorney RUTH HODGES SMITH CMC / AAE C~ty Clerk CITY COUNCIL AGENDA June 13, 1995 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9005 (804~ 427 4303 I. CITY MANAGER'S BRIEFINGS - Conference Room - 10:30 AM ae Be Ce VIRGINIA BEACH HISTORIC RESOURCE MANAGEMENT PLAN Robert J. Scott, Director, Planning C. Mac Rawls, Director, Virginia Marine Science Museum SANDBRIDGE SEWER ROUTE Clarence O. Warnstaff, Director, Public Utilities STORMWATER MANAGEMENT ORDINANCE AMENDMENTS Vanessa T. Valldejuli, Assistant City Attorney II. AGENDA REVIEW SESSION ae Be REVIEW OF AGENDA ITEMS CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 12:30 PM ae Be Ce CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Oberndorf 2:00 PM B. INVOCATION: Reverend George Sweet Atlantic Shores Baptist Church Ce PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. Informal and Formal Sessions June 6, 1995 G. ADOPT AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION i · · MISS VIRGINIA BEACH - MISS TIDEWATER Miss Amber Medlin Miss Laura Anne Shelton I · CONSENT AGENDA The Consent Agenda will be determined during the AGENDA REVIEW Session and considered in the ordinary course of business by City Council to be enacted by one motion. J. ORDINANCES i · · · · · · Ordinance to AMEND and REORDAIN Section 6-71 of the Code of the City of Virginia Beach re impersonation of lifeguards. Ordinance to AMEND and REORDAIN Chapter 6, Sections 6-122.2 and 6-122.3 of the Code of the City of Virginia Beach re consent to blood or breath test and presumptions from alcoholic content· Ordinance to AMEND and REORDAIN Chapter 21, Sections 21-19, 21-321.1, 21-338, 21-343, 21-456 and 21-465 of the Code of the City of Virginia Beach re the Motor Vehicle and Traffic Code. Ordinance to AMEND and REORDAIN Section 23-33 of the Code of the City of Virginia Beach re scalping tickets for public events. Ordinance to TRANSFER $192,176 from the General Fund Reserve for Contingencies to the Department of Convention and Visitor Development re additional costs as a result of increased visitation inquiries. Ordinance to authorize the City Manager to execute Police Mutual Aid and Cooperation agreements with University (NSU) and Old Dominion University (ODU) re furnishing of police services. Sandbridge Sanitary Sewer Project (CIP 6-931): a· City Council to authorize Route No. 6 for the construction of a Force Main from the Atlantic Treatment plant to the Lago Mar area. b· Resolution to authorize the City Manager to enter into an Interest Participation Agreement with the Hampton Roads Sanitation District (HRSD) re construction of public sanitary sewer service facilities. Ordinance to REPEAL an Ordinance adopted 27 February 1984, entitled "An Ordinance establishing the service areas of the Sandbridge Sewer Project and authorizing the construction of Phase I". . Applications for Annual Permit Renewal for private, municipal and non-profit organizations operating emergency medical service agencies or vehicles within the City, pursuant to Section 10.5-2 of the City Code: (1) Advanced Wheelchair Transport, Inc. (2) Chesapeake Emergency Medical Services (3) Children's Hospital of the Kings Daughters (4) Eastern Medical Transport (5) Medical Transport, Inc. (6) Mercy/Tidewater Ambulance Service (7) Nightingale Air Ambulance (8) Norfolk Fire and Paramedical Services (9) Ocean Rentals Ltd. (10) Virginia Beach Lifesaving Service K. PUBLIC HEARING - PLANNING 3:00 PM i · . · 0 PLANNING BY CONSENT - To be determined during the AGENDA REVIEW Session Ordinance re the discontinuance, closure and abandonment of portions of the following streets in the petition of GEORGIA- PACIFIC CORPORATION (KEMPSVILLE BOROUGH): Mac Street: Beginning at the Southern boundary of Rouse Drive and running in a Southerly direction a distance of 418.95 feet along the Eastern property line and a distance of 375.82 feet along the Western property line to the Northern boundary of the Virginia Beach- Norfolk Expressway. Price Street: Beginning at the Southern boundary of Rouse Drive and running in a Southerly direction a distance of 744.71 feet along the Eastern property line and a distance of 674.67 feet along the Western property to the Northern boundary of the Virginia Beach-Norfolk Expressway. Deferred' · 22 March 1994 27 September 1994 28 March 1995 Recommendation: FINAL APPROVAL Ordinance re the discontinuance, closure and abandonment of a portion of Princess Anne Road beginning at a point 480 feet more or less North of Flanagans Lane and running in a Northerly direction to the Eastern boundary of Relocated Princess Anne Road, containing 32,301 square feet, in the petition of the CITY OF VIRGINIA BEACH (PRINCESS ANNE BOROUGH). Recommendation: FINAL APPROVAL Petition of EASTMAN ENTERPRISES, INC. for the discontinuance, closure and abandonment of a portion of Q~m Neck Road located at the Southwest intersection of Dam Neck Road and London Bridge Road, containing 27,799 square feet (PRINCESS ANNE BOROUGH). Deferred: 14 June 1994 13 January 1995 Recommendation: ADDITIONAL 180-DAY DEFERRAL · Application of STEVE STEINHILBER for the enlargement of a nonconforming use at 652 Thalia Road re waiting area for an existing restaurant (KEMPSVILLE BOROUGH). Recommendation: APPROVAL · Application of JAMES M. GRUSZECZKA for the conversion of a nonconforming use at 408 27th Street re converting a single- family dwelling to a garage apartment ( VIRGINIA BEACH BOROUGH ). Recommendation: DENIAL · Applications of CHURCH POINT ASSOCIATES, L.P. re the South Side of Church Point Road, 1400 feet more or less East of Greenwell Road (BAYSIDE BOROUGH): a· RECONSIDERATION OF CONDITIONS placed on the January 8, 1990, approved Conditional Use Permit for open space promotion be Variance to Section 4.4(d) of the Subdivision Ordinance which requires the platting of lots without frontage on a public street. Recommendation'. APPROVAL · Application of BRIGHT FAMILY TRUST for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all newly created lots meet all requirements of the City Zoning Ordinance at the Southwest extremity of Landing Road (BLACKWATER BOROUGH). Recommendation: APPROVAL · Application of SYLVESTER NICHOLS for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all newly created lots have direct access to a public street on the North side of General Street on Lot 6, Newlight (KEMPSVILLE BOROUGH). Recommendation-. APPROVAL 10. Application of DEVELOPMENT OPTIONS, INC., for Conditional Changes of Zoning District Classification to B-2 Community business District (KEMPSVILLE BOROUGH): ae from R-5D Residential Duplex District at the Northwest -- intersection of Lynnhaven Parkway and Princess Anne Road, containing 20.30 acres be from I-1 Light Industri~l District on the Southwest side of Princess Anne Road beginning at a point 290 feet more or less Northwest of Lynnhaven Parkway (4233 Princess Anne Road), containing 23.44 acres Deferred: 23 May 1995 Recommendation: APPROVAL 11. Application of STEVEN I. FOX for a Change of Zoning District Classification from A-12 Apartment District to R-5D Residential Duplex District on the Southwest corner of 24th Street and Mediterranean Avenue (600 24th Street), containing 11,400 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL 12. Application of THE HAPPY CRAB, INC., for a Chanae of Zonina District Classification from A-12 Apartment District to RT-3 Resort Tourist District 150 feet more or less North of Laskin Road beginning at a point 650 feet West of Holly Road (550 Laskin Road), containing 21,000 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL 13. Application of MILLER OIL CO., INC. for a Conditional Use Permit for a carwash at the Southwest corner of Jericho Road and Independence Boulevard (627 Independence Boulevard), containing 37,897 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL 14. Application of JAMAT, INC. for a Conditional Use Permit for an automotive repair facility at the Southwest corner of -- Independence Boulevard and Tulip Road (1613 Independence Boulevard), containing 21,780 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL 15. Application of GOLFORAMA, INC. for a Conditional Use Permit for a reGr~tion~l facility of an outdoor nature (golf driving range~ mini-golf and game room) on the East side of South Military Highway, North of Providence Road (920 South Military Highway), containing 18.5 acres (KEMPSVILLE BOROUGH) Recommendation: APPROVAL 16. Application of MICHAEL WAYNE CLIFTON for a Conditional Use Permit for a bulk storaae facility (automobiles) on the East side of South Military Highway, 560 feet more or less North of Alexandra Avenue (748 and 746 South Military Highway), containing 40,000 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL L. APPOINTMENTS CBPA - CHESAPEAKE BAY PRESERVATION AREA BOARD HRPDC - HAMPTON ROADS PLANNING DISTRICT COMMISSION RAAC - RESORT AREA ADVISORY COUNCIL SOCIAL SERVICES BOARD TCC - TIDEWATER COMMUNITY COLLEGE UNFINISHED BUSINESS N. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS'. a. Resolution to request the Congress of the United States continue funding the Federal Impact Aid re benefit of children of military and civilian-military personnel/ families. (Sponsored by Mayor Meyera E. Oberndorf) be Ordinance to AMEND and REORDAIN Chapter 7 of the Code of the City of Virginia Beach by ADDING Section 7-63 re bicycle helmets. (Sponsored by Council Members Louisa M. Strayhorn and William W. Harrison, Jr.) O. ADJOURNMENT , , · · , , , · · , If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * 06/08/95CMD AGENDA\ 06-13-95. PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 13, 1995 Councilman Baum called to order the AGENDA REVIEW SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, June 13, 1995, at 10.30 A M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, Harold Heischober, Barbara M Henley, Louts R. Jones, Nancy IC Parker and Louisa M. Strayhorn Council Members Absent: Mayor Meyera E. Oberndorf [ENTERED: 10:38 P.M.] ~ce Mayor William D. Sessorns, Jr. [ENTERED: FORMAL SESSION 2:20 P.M. Business Meeting] William W. Harrison, Jr [ENTERED: 11.14 A.M.] -2- CITY MANAGER'S BRIEFING HISTORIC RESOURCE MANAGEMENT PLAN 10:30 A.M. ITEM # 39312 Mac Rawls, Director, Virginia Marine Science Museum, advised the Historic Resource Management Plan is a way of monitoring the City's inventory of historic sites. This is not a Historic Preservation Plan. These are notable historic sites, which the City desires to be a part of the record of Virginia Beach. This is the framework for a Plan, not the plan itself. This was a cooperative endeavor between the Departments of Museums and Planning. Thomas J. (Jeff) Stodghill, primary consultant and principal in the firm of PMA Consulting Services, advised the City has attempted to bring technical expertise and the involvement of the public to develop a long range Historic Resource Management Plan. Mr. Stodghill advtsed. PURPOSE OF PROJECT Identify issues (largely outcome of public work sessions) Develop series of goals Develop series of strategies Mr. Stodghill referenced Section 3, Framework of Objective and Strategies of the Plan. The Framework is the Core of the Plan Over 800 historic resources have been identified in Virginia Beach. Many of these are worthy of preservation due to national, state and local significance. Other sites which are 50 years or older have been deemed important enough to document. These have been identified through the combined efforts of the following groups: (I) citizens; (2) amateur historians; (3) the Historic American Buildings Survey (HABS) in the 1950s; (4)the Virginia Landmarks Commission survey in the 1970s; (5) the Inventory of Historic Buildings and Sites Report prepared by the City of Virginia Beach; (6) Cultural Resources Surveys related to Htghway and Federal projects; (7) surveys performed by Frazier Associates in 1992 and Traceries in 1993, as well as (8) information on architectural resources and archaeological sites collected as part of highway and other federal or state projects. Thirteen (13) properties in the City have already been placed on the National Register of Historic Places. Of these, the Old Cape Henry Lighthouse and Adam Thoroughgood House are especially dtstinguished as National Historic Landmarks because of their significance to the early history of Virginia. Eleven of the unrecognized national significant resources have been determined to be eligible for nomination to the Register, 24 are potentially eligible, but will require addttional revtew to determine ehgibility. Eleven (Il) sites are locally significant, but not eligible to the National Registrar. Virginia Beach has already recognized many of its important historic resources by designating them as historic and cultural districts through the City's zoning ordinance. Thirteen historic sites have been designated under the ordinance, which provides for design guidance for property owners making alterations or additions to their properties. Mr. Stodghill &splayed slides of some properties and thetr designation. National Historic Landnmrk National Register Site Cape Henry Lighthouse Adam Throughgood House Upper Wolfsnare Plantation National Register Eligible Site Broad Bay Manor The Hermitage Kenstock Pocohontas Hunt Club Greystone Manor Frank Lloyd Wright House Tallwood Potentially Eligible/Further Study Cavalier Hotel Cooke House Fentress Farm Edgar Cayce Hospital Roland Courts Building June 13, 1995 -3- CITY MANAGER'S BRIEFING HISTORIC RESOURCE MANAGEMENT PLAN ITEM # 39312 (Continued) Part of the scope of this study involved mapping the locations of historic architectural resources and archaeological sites in the City. Each resource was mapped electronically using Maplnfo, a desktop computer mapping system, which like other GIS (Geographic Information Systems) allows the statistical information on sites to be Hnked to their location on the map as that information can be retrieved by selecting a specific site location. Maps were created by transferring site locations from USGS maps on file at the Vi)HR. Then selected data from the State's Integrated Preservation Software System were imported into Maplnfo and joined to the map. The resources were mapped in this way to assist in the analysis of the data and creation of the final maps for the project. Potential Uses for Electronic Maps Tourism Applications Historic Resource Management Applications Educational/Public Awareness Applications. Mr. Stodghill cited the objectives; OBJECTIVE # 1 - Utilize special opportunities where historic preservation can assist to enhance tourism, economic development and other important goals of the Ctty. OBJECTIVE # 2 - To initiate a program which recognizes significant historic resources and establishes a sense of awareness and pride of how these resources relate to the history of the City and region. OBJECTIVE # 3 - To enhance and more fully develop a long-term historic resource management program. OBJECTIVE # 4 - Seek funding and financing resources to support the continual development and management of historic resources. OBJECTIVE # 5 - Involve the community in defining and managing historic resources. Messrs Robert Scott, Tom Pauls and Robert Davis of the Department of Planning, who assisted in the formation of this report, were in attendance. The Mayor introduced Attorney General Gilmore who came this morning to sign a compact between the Police, Sheriff's Department and Senior Cittzens of Virginia Beach to make this City not only safer for children, but to complete the circle of life making the City an excellent place to live for Senior Citizens. Mayor Oberndorf presented a check in the amount of $2,000 to Mac Rawls from the Ford Motor Company Plant for the Marine Science Museum's expansion. June 13, 1995 -4- CITY MANAGER'S BRIEFING SANDBR1DGE SEWER ROUTE 11:12 A.M. ITEM # 39313 Clarence Warnstaff, Director of Public Utilities, advised the Sandbridge Sanitary Sewer CIP Project was authorized by the City Council with the adoption of the 1993-94 Capital Improvement Program. Preliminary engineering design of the public sewer system to serve the Sandbridge area is underway. A sanitary sewer force main route analysis has been completed. The analysis has been provided to interested parties: Sandbridge Civic League, Friends of Back Bay and the Back Bay National Wildlife Refuge. A public meeting was held on August 31, 1994, to provide a briefing to the public and to respond to questions. A briefing was provided to City Council on November 22, 1994. City Council adopted an ordinance in February 27, 1984, that established a Sandbridge Sanitary Sewer Service Area. A Public Hearing was conducted on this ordinance and the Sandbridge Project on January I0, 1995. The City staff is requesting the City Council authorize Route No. 6 for the construction of a Force Main; authorize the City Manager to execute an Interest Participation Agreement with Hampton Roads Sanitation District for the interceptor force main; and, City Council rescind the ordinance adopted on February 27, 1984. In essence, there are two routes that have been considered: (1) Route # 5 along Sandbridge Road, traveling west to a point that intersects with the existing City right-of-way that was purchased for Ferrell Parkway, continuing straight and connecttng to an existing City Sanitary Force Main at Atwoodtown Road; (2) Route #6 provtdes for conveying the waste water north to the Sandbridge neighborhood to the Navy's Dam Neck facdity and into the Atlantic Waste Water Treatment Plant. In prior discussions, City Staff had recommended the route along Sandbridge Road (Alternative #5), but now recommend City Council authorize the City Manager to proceed with Route #6. The cost of the two alternatives is essentially the same. The Hampton Roads Samtation District is willing to provide to the City a contribution up to $1.2-MILLION for construction of the force main. At a Public Hearing on January 10, 1995, the Friends of Back Bay presented Alternative Route #6 for consideration. This route avoids potential secondary development impacts. The Ctty would not need to purchase land in order to mitigate the route to convey the waste water. Mr. Warnstaff believed Route #5 would be faced with severe opposition in the permitting proces and that the project would be delayed if the City is ultimately successful in attaining the permits'. The following points of agreement have been reached between HRSD and the City regarding the alternative route: City of Virginia Beach agrees to fund, design, build, own and operate the Sandbridge force main through Dam Neck to the Hampton Roads Sanitation District (HRSD) Atlantic Treatment Plant. HRSD agrees to provide Virginia Beach a contribution of $1.2- MILLION to aid in the construction of the Sandbridge force main through Dam Neck. The $1.2-MILLION is the estimated construction for HRSD to design and construct a force main from Sandbridge along Sandbridge Road/Ferrell Parkway to the Lago Mar Area (Atwoodtown Road). The Ctty agrees to enter an Interest Participation Agreement wtth HRSD for the construction of approximately 10,000 feet for HRSD interceptor force main from the Ferrell Parkway Corridor - Lago Mar Area - to the Atlantic Treatment Plant. HRSD will give the City credits for existing connections in the 1.ago Mar/Red Mill service areas once the Lago Mar/Red Mill sewer flows are re-routed to the new interceptor force main. The City assumes full responsibility to provide sanitary sewer service to the area east of Atwoodtown Road as illustrated in Figure 2, if the service is ever deemed to be appropriate for that area. June 13, 1995 -5- CITY MANAGER'S BRIEFING SANDBRIDGE SEWER ROUTE ITEM # 39313 (Continued) 6. ~Is an alternative to the 1990 HRSD Development Plan for the Southern Loop Interceptor, the City and HRSD mutually agree to participate in a study to determine an interim approach to providing additional capacity through the upgrade and use of existing City and HRSD force mains located generally following the Salem Road/North Landing Road/Ferrell Parkway corridor as illustrated in Figure 3. Mr. Warnstaff advised the present value for the operation and maintenance of the force main for Alternative #6 wouM be $160,000. This is included in the cost comparison between/Ilternative 5 and /Ilternative 6. June 13, 199.5 -6- CITY MANAGER'S BRIEFING STORMWA TER MANAGEMENT O~INANCE AMENDMENTS 11:50 A.M. ITEM # 39314 Vanessa T. Valledejuli, Assistant City Attorney, distributed copies of the Ordinance to amend and reordain Appendix D of the City Code pertaining to Stormwater Management. These amendments represent approximately ten months of a concentrated effort between an Interdepartmental Review Team, comprised of members of the Departments of Planning, Public Works and the City Attorney's Office, the Virginia Department of Conservation and Recreation, which is the State reviewing agency. They are responsible for reviewing all local Stormwater Management Ordinances and their programs for consistency and compliance with State regulations. Additionally, a draft version of this Ordinance was sent to the Tidewater Builders Associatton for their review and comment Tuck Bowie, President - TBA, advised of no concerns over the amendments and realization of the importance of the City's compliance with State regulations. Comments from the Department of Conservation and Recreation are also favorable. The proposed amendments address four major areas of concern: (1) Consistency with 1994 amendments to the State Code. Change in the definition of the term "water shed" A definition of the term "linear development project" was added. Added "linear development projects" to the exemptions. (2) Consistency with State Administrative regulations. Change the term "Best Management Practices" to "Stormwater Management Facilities ". The City, in 1988 adopted, the local Stormwater Management Ordinance and program two years prior to the adoption of the final regulations by the State. There are some substantive changes that do effect the development community and the way business is done in Virginia Beach. Mrs. Valledejuli cited page 9, Section 5 (a) of the Ordinance commencing on line 295. There must be a Stormwater Management Plan submitted and approved prior to the issuance of any la'nd of permit. The second substantive change is on page 10 of the Ordinance commencing on line 338. This is the elimination of Watvers for the Stormwater Management Plan. The Code of Virginia and the regulations only allow for variances or exceptions to the provisions of the Stormwater Management Ordinance. There is no provision to allow for a waiver of the submission of the Stormwater Management Plan. Page I1 outlines the requirement for variances. The next are changes in the review and plan approval process, which have been mandated by the State regulations. These are illustrated on page 16, line 554, Section 7 (d) of the Ordinance. The next change is on page 26, Section 12: a required long term maintenance agreement. This only applies to privately owned property, which the developer or owners are going to maintain control of the Stormwater Management Facility. For those systems, which are under the jurisdiction and care of the City, this is not a requtrement. One of the objectives of the Inter-departmental Team was to develop a formal Maintenance Agreement. The agreement allows the City to regularly inspect these systems under the Code of Virginia and the regulattons. It allows the City to take corrective action, if needed, in the event of an emergency, where the system may fail and the health, safety and welfare of the public that is adjacent to these properties may be impaired. It is also to enforce long term maintenance. The last major change dealing with consistency issues was the addition on page 27, Section 13, line 968: (c) Civil penalties and charges. These were added as a deterrent to anyone who intentionally or unintentionally violates Stormwater Management provisions. These provisions are in the Wetlands and Coastal Primary Sand Dune Orchnance and have been quite successful in deterring people from violating the code. June 13, 1995 -7- CITY MANAGER'S BRIEFING STORMWA TER MANAGEMENT ORDINANCE AMENDMENTS ITEM # 39314 (Continued) The next area of change would a setback requirement for retention and detention basins that are associated with land development projects or stand-alone projects. They are found on Page 23 of the Ordinance, starting on line 796, Sections (s) and (t). The last area of change has to do with the transfer of responsibilities for administration and enforcement of the ordinance from the Department of Public Works to the Department of Planning. These changes are housekeeping changes and scattered throughout the ordinance. Basically where the responsibility is now with the Department of Planning, the Ordinance has been changed to reflect the Director of Planning. If the responsibihty or jurisdiction had remained with Public Works, then the Ordinance would not have changed in that respect. There is concurrent juris&ction for enforcement of the Stormwater Management Ordinance with the Department of Public Works and the Department of Planning. This Ordinance will be SCHEDULED for the City Council Session of June 27, 1995. June 13, 1995 -8- AGENDA REVIEW 12:43 P.M. ITEM # 39315 SESION Councilman Dean referenced: J. 2. Ordinance to AMEND and RE, ORDAIN Chapter 6, Sections 6-122.2 and 6-122.3 of the Code of the City of Virginia Beach re consent to blood or breath test and presumptions from alcoholic content. Councilman Dean expressed concern relative the use of the words "he" and "his", always speaking of the male rather than the female. Policemen also ticket intoxicated women drivers. The ordinance seems to be generally directed. This utilization first begins on line 46, page 2. The City Attorney advised the Ordinance will be AMENDED substituting the words "he or she" for each instance he or she is utilized. Assistant Attorney Randall Blow advised in Chapter 1 of the Ctty Code, it states whenever the word "he" is used it shall be deemed to mean "he, she, or any gender". ITEM # 39316 The City Manager advised the following will be discussed: J. 7 Sandbrzdge Sanitary Sewer Project (CIP 6-931): Route No. 6 for the construction of a Force Main from the Atlantic Treatment plant to the Dam Neck area. Resolution to authorize the Ctty Manager to enter into an Interest Participation Agreement with the Hampton Roads Sanitation District (HRSD) re construction of public sanitary sewer service facilities. Ordinance to REPEAL an Ordinance adopted 27 February 1984, entitled "An Ordinance establishing the service areas of the Sandbridge Sewer Project and authorizing the construction of Phase I". ITEM # 39317 BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA: RES OL UTION/ ORDINANCES Ordinance to AMEND and REORDAIN Section 6-71 of the Code of the City of Virginia Beach re impersonation of lifeguards. J. 2. Ordinance to AMEND and REORDAIN Chapter 6, Sections 6-122.2 and 6-122.3 of the Code of the City of Virginia Beach re consent to blood or breath test and presumpttons from alcoholic content. J. 3. Ordinance to AMEND and REORDAIN Chapter 21, Sections 21-19, 21-321.1, 21-338, 21-343, 21-456 and 21-465 of the Code of the City of Virginia Beach re the Motor Vehicle and Traffic Code. June 13, 1995 -9- AGENDA REVIEW SESSION ITEM # 39317 (Continued) J. 5 J. 6. J7. Ordinance to AMEND and REORDAIN Section 23-33 of the Code of the City of Virginia Beach re scalping tickets for public events. Ordinance to TRANSFER $192,176 from the General Fund Reserve for Contingencies to the Department of Convention and Visitor Development re additional costs as a result of increased visitation inquiries. Ordinance to authorize the City Manager to execute Police Mutual Aid and Cooperation agreements with Norfolk State Umversity (NSU) and Old Dominion University (ODU) re furnishing of police services. Applications for Annual Perndt Renewal for private, municipal and non-profit organizations operating emergency medical service agencies or vehicles within the City, pursuant to Section 10.5-2 of the City Code. Advanced Wheelchair Transport, Inc. Chesapeake Emergency Medical Services Children's Hospital of the Kings Daughters Eastern Medical Transport Medical Transport, Inc. Mercy/Tidewater Ambulance Service Nightingale Air Ambulance Norfolk Fire and Paramedical Services Ocean Rentals Ltd. Virginia Beach Ltfesaving Service ITEM # 39318 Council Members Dean and Parker reference& I~5 Application of STEVE STEINHILBER for the enlargement of a nonconforming use at 652 Thalia Road re waiting area for an existing restaurant (KEMPSVILLE BOROUGH) This item will be clarified. ITEM # 39282 Councilman Branch referenced: Application of JAMES M. GRUSZECZKA for the conversion of a nonconforming use at 408 27th Street re converting a single-family dwelling to a garage apartment (VIRGINIA BEACH BOROUGH) Councilman Branch will request this be DEFERRED until the City Council Session of June 27, 1995. Councilman Branch has several inqutres relative redevelopment at the oceanfront and setting precedence in nonconforming uses. Councilman Branch also requested assistance from Council Lady Parker. June 13, 1995 - 10 - AGENDA REVIEW SESION ITEM # 39319 Councilman Dean referenced: K. 7 CHURCH POINT ASSOCIATES, L.P. re the South Side of Church Point Road, 1400 feet more or less East of Greenwell Road (BA YSIDE BOROUGH): Variance to Section 4.4(d) of the Subdivision Ordinance which requires the platting of lots without frontage on a public street. RECONSIDERATION OF CONDITIONS placed on the January 8, 1990, approved Conditional Use Permit for open space promotion Councilman Dean referenced Condition No. 5. (the disclosure statement) and was informed this will be recorded on the subdivision plat, as well as in the restrictions of the homeowners' documents. Council Lady Parker expressed concern relative impact on the adjacent neighborhood. This item will be discussed. Councilwoman Henley referenced: ITEM # 39320 IC8 Application of BRIGHT FAMILY TRUST for a Variance to Sectzon 4.4(b) of the Subdzvision Ordinance which requires all newly created lots meet all requirements of the City Zoning Ordinance at the Southwest extremity of Landing Road ~,,_~.,,,,.~,,_~., ~,,~.,~,~,~,.,~., ~,,,,.,,., BOROUGH. This item is in the PUNGO, not BLACKWATER BOROUGH. Council Lady Henley advised this was subdivided several years ago, and the family who settled the estate only found out recently that the attorney had not put it to record. This item is fine for Consent, unless opposition is present. ITEM # 39321 Council Members Strayhorn and Parker referenced: K. 9 Application of SYLVESTER NICHOLS for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all newly created lots have direct access to a public street on the North side of General Street on Lot 6, Newhght (KEMPSVILLE BOROUGH) Council Lady Parker advised concerns and this item will be pulled for discussion. June 13, 1995 - 11 - AGENDA REVIEW ITEM # 39322 SESION Council Lady Parker referenced: ICl2 Application of THE HAPPY CRAB, INC., for a Change of Zoning District Classification from ,4-12 Apartment District to RT-$ Resort Tourist District 150 feet more or less North of Laskin Road beginning at a point 650 feet West of Holly Road (550 Laskin Road), containing 21,000 square feet (VIRGINIA BEACH BOROUGH). IC 13 Apphcation of MILLER OIL CO., INC. for a Conditional Use Permit for a carwash at the Southwest corner of Jericho Road and Independence Boulevard (627 Independence Boulevard), containing 37,897 square feet (BAYSIDE BOROUGH) K14 Application of JAMAT, INC. for a Conditional Use Permit for an automotive repair facili~_ at the Southwest corner of Independence Boulevard and Tulip Road (1613 Independence Boulevard), containing 21, 780 square feet (BAYSIDE BOROUGH) IC15~,tpplication of GOLFORdMA, INC. for a Conditional Use permit for a recreattonal facility of an outdoor nature (golf driving range. mini-golf and game room.) on the East side of South Military Highway, North of Provtdence Road (920 South Mtlitary Highway), containing 18.5 acres (KEMPSVILLE BOROUGH Council Lady Parker requested City Staff address these concerns. ITEM # 39323 BY CONSENSUS of City Council, the following items shall compose the PIM. NNING BY CONSENT AGENDA: K2.0rdinance re the discontinuance, closure and abandonment of portions of the following streets in the petition of GEORGIA-PACIFIC CORPORATION (KEMPSVILLE BOROUGH): Mac Street: Beginning at the Southern boundary of Rouse Drive and running in a Southerly direction a distance of 418 95 feet along the Eastern property line and a distance of 375.82 feet along the Western property hne to the Northern boundary of the Virginia Beach -Norfolk Expressway. Price Street: Beginning at the Southern boundary of Rouse Drive and running in a Southerly direction a distance of 744. 71 feet along the Eastern property line and a &stance of 674.67feet along the Western property to the Northern boundary of the Vtrginia Beach -Norfolk Expressway. June 13, 1995 - 12 - AGENDA RE VIEW SESSION ITEM # 39323 (Continued) K. 3 Ordinance re the discontinuance, closure and abandonment of a portion of Princess Anne Road beginning at a point 480 feet more or less North of Flanagans Lane and running in a Northerly direction to the Eastern boundary of Relocated Princess Anne Road, containing 32,301 square feet, in the petition of the CITY OF VIRGINIA BEACH (PRINCESS ANNE BOROUGH). IC4 Petition of EASTMAN ENTERPRISES, INC. for the discontinuance, closure and abandonment of a portion of Dam Neck Road located at the Southwest intersection of Dam Neck Road and London Bridge Road, containing 27, 799 square feet (PRINCESS ANNE BOROUGH), subject to: K. 6 Application of JAMES M. GRUSZECZKA for the conversion of a nonconforming use at 408 27th Street re converting a single-family dwelling to a garage apartment (VIRGINIA BEACH BOROUGH) Application of BRIGHT FAMILY TRUST for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all newly created lots meet all requirements of the City Zoning Ordinance at the Southwest extremity of Landing Road (BLA CKWA TER BOROUGH) K~IO Application of DEVELOPMENT OPTIONS, INC., for Conditional Changes of Zoning District Classification to B-2 Community business District (KEMPSVILLE BOROUGH): from R-5D Residential Duplex District at the Northwest intersection of Lynnhaven Parkway and Princess Anne Road, containing 20.30 acres from I-1 L~ht Industrial Distrtct on the Southwest side of Princess Anne Road beginning at a point 290 feet more or less Northwest of Lynnhaven Parkway (4233 Princess Anne Road), contaimng 23.44 acres I~11 Application of STEVEN L FOX for a Change of Zoning District Classification from A-12 Apartment District to R-5D Residential Duplex District on the Southwest corner of 24th Street and Medtterranean Avenue (600 24th Street), containing 11,400 square feet (VIRGINIA BEACH BOROUGH) lc2.16 Application of MICHAEL WA YNE CLIFTON for a Conditional Use Permit for a bulk storage facili~_ (automobiles.) on the East side of South Military Highway, 560 feet more or less North of Alexandra Avenue (748 and 746 South Military Highway), containing 40,000 square feet (KEMPSVILLE BOROUGH) June 13, 1995 - 13 - COUNCIL CONCERNS ITEM # 39324 Mayor Oberndorf referenced Ordinance to AMEND and REORDAIN Chapter 7 of the Code of the City of Virginia Beach by ADDING Section 7-63 re bicycle helmets. (Sponsored by Council Members Louisa M. Strayhorn and William W. Harrison, Jr.) The City Clerk advised, at the request of Council Lady Strayhorn and Councilman Harrison, Carolyn Stemm's students will be arriving at approximately 2:45 P.M. concerning the ordinance. This item will be MOI/'ED FORWARD, but they have been advtsed the Planning Public Hearing, by legal advertising, must begin at 3:00 P.M. ITEM # 39325 Councilman Jones referenced Resolution requesting the Commonwealth Transportation Board re-designate Interstate 1-664 and Route 44 as 1-64 to the Oceanfront; 1-64 as 1-864 in Hampton to Route 44 in Norfolk; and, 1-64/1-864 Loop as the Hampton Roads Beltway (Option No. 4), which he and Councilman Heischober have requested be ADDED-ON to the Agenda under NEW BUSINESS. June 13, 1995 - 14 - ITEM # 39326 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 13, 1995, at 1:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Louisa M. Strayhorn Council Members Absent: l/ice Mayor William D. Sessoms, Jr. June 13, 1995 - 15 - ITEM # 39327 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of 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). To Wit: Appointments: Boards and Commissions: Chesapeake Bay Preservation Area Board Hampton Roads Planning District Commission Resort Area Advisory Commission Social Services Board Tidewater Community College PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM 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 pursuant to Section 2.1-344(A)(3). Salem Road Right- Of- Way Acquisition LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaimng to actual or probable litigation, or other spectfic legal matters requesting the provtsion of legal advice by counsel pursuant to Section 2.1-344(A)(7). Lake Gaston settlement and related issues. Upon motion by Councilman Baum, seconded by Council Lady Henley, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. June 13, 1995 - 16 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL June 13, 1995 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 9, 1995, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy lC. Parker and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. [ENTERED: FORMAL SESSION 2:20 P.M. Business Meeting] INVOCATION: Reverend T. E. Thieman Chaplain PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central F~delity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessorns' letter of January 10, 1995, is hereby made a part of the record. June 13, 1995 -17- Item IV-F~. CERTIFICATION OF EXECUTIVE SESSION ITEM # 39328 Upon motion by Councilman Heischober, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified tn the motion convening the Executive Sesston were heard, discussed or considered by Virginia Beach City Council. Voting: I0-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E Oberndorf, Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessorns, Jr. June 13, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 39327 Page No. 15 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) 0nly such public business matters as were idenlified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R~th Hodges ~;mitl~, CMC/AAE City Clerk June 13, 1995 - 18 - Item IV- F. 1. MINUTES ITEM # 39329 Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSION of June 6, 1995. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy lC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. June 13, 1995 - 19 - ADOPT AGENDA FOR FORMAL SESSION ITEM # 39330 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 13, 1995 - 20 - Item 1V-H. 1. MA YOR 'S PRESENTATION ITEM# 39331 Mayor Oberndorf introduced: Miss Virginia Beach Amber Medlin Miss Tidewater Laura Shelton Miss Tidewater is a Senior at Virignia Commonwealth University and aspires to attend the Medical College of Virginia. Miss Tidewater's major is Biology/Pre-med. She plans to implement a program ,for the awareness and prevention for elder abuse Miss Virginia Beach is a Graduate of Radford University with a BA in Speech Communications. Her career ambition is to become a medial journalist or hospital administrator. She plans to continue volunteer work for Special Olympics Mayor Oberndorf presented each wtth tokens of appreciation from the City. Mayor Oberndorf introduced Polly Pierce, who has shepherded for 21 years all the beautiful young ladies through their Miss Virginia experience. June 13, 1995 - 21 - Item IV-J. CONSENT AGENDA ITEM# 39332 ORDINANCES Upon motion by l/ice Mayor Sessorns, seconded by Councilman Branch, City Council APPROVED in one motion Items, 1, 2 (AS AMENDED), 3, 4, 5, 6 and 8 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 Item 1V-J. 1. CONSENT AGENDA ITEM # 39333 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 6- 71 of the Code of the City of Virginia Beach re impersonation of lifeguards. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy tC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-71 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO IMPERSONATION OF LIFEGUARD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 That Section 6-71 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Sec. 6-71. Red Cross certificate required. (a) It shall be unlawful ~ ~ ~-~ A _~_~ ....... for any person to accept employment or to be employed as a lifeguard within the city~ or to appear on or at any bathing public or private beach or recreational swimming facility within the city and hold himself or herself out or represent himself or herself as a lifeguard~ or to represent himself or herself as a lifeguard to any employer, prospective employer or any other person within the city, or publicly to wear any emblem the effect of which is to cause the public to believe that he or she is a lifeguard, unless such person shall hold~ a certificate from the division of lifesaving of the American Red Cross or some duly authorized lifesaver examiner for the American Red Cross, to thc cffcct attesting that such certificate holder has successfully passed the prescribed test or examination, and has been determined to be a person duly qualified in lifesaving work by that society or some subordinate officer or agent thereof. (b) In addition to the restrictions set forth in subsection (a), it shall be unlawful for any person, whether or not he or she is duly certified as a lifequard, to appear on or at any public beach or any recreational swimming facility operated by the city and to hold himself or herself out or represent himself or herself as a lifeguard unless he or she is employed by or under contract with the city as a lifeguard. (c) Any person convicted of violating any provision of this section shall be guilty of a class 4 misdemeanor. 37 38 Adopted by the City Council of the City of Virginia Beach on this ~day of .T,,n~ 1995. 39 40 41 42 CA-5899 DATA/ORDIN/PROPOSED/6-71.ORD JUNE 6, 1995 R6 APPROVED AS TO CONTENT Department of Emergency Medical Services APPROVED AS TO LEGAL SUFFICIENCY D~rtment of Law - 23 - Item IV-J. 2. CONSENT AGENDA ITEM # 39334 ORDINANCES Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED: Ordinance to AMEND and REORDAIN Chapter 6, Sections 6-122.2 and 6-122.3 of the Code of the City of Virginia Beach re consent to blood or breath test and presumptions from alcoholic content Voting: 11-0 Council Members Voting Aye: John/t. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louzs R. Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 9 10 11 12 13 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 6, SECTIONS 6-122.2 AND 6- 122.3 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO CONSENT TO BLOOD OR BREATH TEST AND PRESUMPTIONS FROM ALCOHOLIC CONTENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 6, Sections 6-122.2 and 6-122.3 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Sec. 6-122.2. Consent to blood or breath test. (a) Any person who operates a watercraft or motorboat which is underway upon waters of the commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood~ or breath or both blood and breath taken for a chemical test to determine the alcohol~ or drug or both alcohol and drug content of his blood, if such person is arrested for operating a watercraft or motorboat which is underway in violation of subsection (a) of section 6-122, within two (2) hours of the alleged offense. Any person so arrested -~i ~l~t ~ h~.~ ~'~^- ~^ ~~ ~- ~~ .... ~ ~~ ~"~ ~ ~ for a violation of clause (i) or (ii), or both, of section 6-122(a), shall submit to a breath test. If either thc blood test or the breath test is not available *~ ..... ~ ~~ ~ -~ ~ ~ ~"~- H ......... ~ ~ ~ ~ · .f ..... or the person is sical unable to submit to a breath test, a blood test shall be given. The accused shall, prior to the administration of the test, be advised bY the person administering the test that he/she has a right to obse~e the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If such equipment automatically produces a written printout of the breath 37 38 39 40 41 42 43 44 45 46 47 48 test result, this written printout, or a copy thereof, shall be given to the accused in each case. (b) Any person, after havinq been arrested for a violation of clause (iii) or (iv) of section 6-122(a), may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of clause (i) or (ii), or both, of section 6-122 Ca), submits to a breath test, in accordance with subsection (a) of this section, or refuses to take or is incapable of takinq such a breath test, he/she may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law- enforcement officer has reasonable cause to believe the person was 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 operating a watercraft or motorboat under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs. +b~ (c) If a person, after being arrested for a violation of subsection (a) of section 6-122 and after having been advised by the arresting officer that a person who operates a watercraft or motorboat which is underway upon the waters of the commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his blood or and breath taken for a chemical test to determine the alcohol or drug content of his blood, and that the unreasonable refusal to do so constitutes grounds for a court to order him not to operate a watercraft or motorboat which is underway upon the waters of the commonwealth, then refuses to permit the taking of a sample of his blood or breath or both blood and breath samples for such tests, the arresting officer shall take the person arrested before a committing magistrate. If he/she again so refuses after having been further advised by such magistrate of the law requiring a blood or breath tcst sample to be taken and the penalty for refusal, and so declares again his refusal in writing upon a form provided by the Supreme Court of Virginia, or refuses or fails to so declare in writing and such fact is certified as prescribed in Code of 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Virginia, section 18.2-268.3, then no blood or breath sample shall be taken even though he/she may thereafter request same. ~=~ (d) When any person is arrested for operating a watercraft or motorboat which is underway in violation of subsection (a) of section 6-122, the procedures and requirements of Code of Virginia, section~ 18.2-268.1 through 18.2-268.11 shall apply, mutatis mutandis, to this section. ~ Ce) If the court or jury finds the defendant guilty of unreasonably refusing to permit a blood or breath sample to be taken, the court shall order such person not to operate a watercraft or motorboat which is underway for a period of twelve (12) months for a first offense and for twenty-four (24) months for a second or subsequent offense of refusal within five (5) years of the first or other such refusal. However, if the defendant pleads guilty to a violation of subsection (a) of section 6-122, the court may dismiss the refusal warrant. 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Sec. 6-122.3. Presumptions from alcoholic content. In any prosecution for operation of a watercraft or motorboat which is underway in violation of subdivisions clause (ii) or (iv) of subsection (a) of section 6-122, the amount of alcohol in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused's blood or breath to determine the alcoholic content of his blood in accordance with the provisions of section 6-122.2 shall give rise to the following rebuttable presumptions: (1) If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused's blood, or 0.05 grams or less per 210 liters of the accused's breath, it shall be presumed that the accused was not under the influence of alcoholic intoxicants; (2) If there was at that time in excess of 0.05 percent but less than 0.I0 0.08 percent by weight by volume of alcohol in the accused's blood, or 0.05 grams but less than 0.08 grams per 210 liters of the accused's breath, 105 106 107 108 109 110 111 112 113 114 such facts shall not give rise to any presumption that the accused was or was not under the influence of alcoholic intoxicants, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused; (3) If there was at that time 0.I0 0.08 percent or more by weight by volume of alcohol in the accused's blood, or 0.08 grams or more per 210 liters of the accused's breath,it shall be presumed that the accused was under the influence of alcoholic intoxicants. 115 116 Adopted by the City Council of the City of Virginia Beach on this 13th day of June 1995. 117 118 119 120 CA-5966 DATA/ORDIN/PROPOSED/6-122-2.0RD JUNE 2, 1995 R2 APPROVED AS TO LEGAL · O~partment of Law - 24 - Item IV-J. 3. CONSENT AGENDA ITEM # 39335 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED: Ordinance to AMEND and REORDAIN Chapter 21, Sections 21-19, 21-321.1, 21-338, 21-343, 21-456 and 21-465 of the Code of the City of Virginia Beach re the Motor Vehicle and Traffic Code. Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober. Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy I~ Parker, V~ce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 21, SECTIONS 21-19, 21- 321.1, 21-338, 21-343, 21-456 AND 21-465 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE MOTOR VEHICLE AND TRAFFIC CODE 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 That Chapter 21, Sections 21-19, 21-321.1, 21-338, 21-343, 21- 456 and 21-465 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Sec. 21-19. Direction of traffic by police officers and school crossing guards. Police officers and uniformed school crossing guards may direct traffic by signals. Such signals, other than by voice, shall be as follows: (1) To stop traffic by hand: Stand with shoulders parallel to moving traffic. Raise arms forty-five (45) degrees above shoulder with hand extended, palm towards moving traffic to be stopped. (2) To move traffic by hand: Stand with shoulders parallel to traffic to be moved. Extend right arm and hand full length at height of shoulders towards such traffic, fingers extended and joined, palm down. Bring hand sharply in direction traffic is to move. Repeat movement with left arm and hand to start traffic from opposite direction. (3) To stop and start traffic by whistles: One blast, moving traffic to stop; two (2) blasts, traffic in opposite direction to move. (4) Emergency stop of traffic by whistle: Three (3) or more short blasts. Ail traffic shall immediately clear the intersection and stop. Such officers and uniformed school crossing guards may also use supplemental traffic direction devices, including but not 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 limited to hand-held stop or go signs, in directing traffic as provided in this section. · · · Sec. 21-321.1. Decreased maximum speeds in highway work zones. (a) It shall be unlawful for any person to operate any motor vehicle in excess of a maximum speed limit approved by the Virginia Department of Transportation or by the director of public works specifically for a highway work zone. This section shall be enforceable when workers are present and when such work zone is indicated by signs displaying the rcduccd maximum speed limit and the penalty for violation. (b) For purposes of this section, '~highway work zone'' means a construction or maintenance area that is located on or beside a highway and marked by appropriate warning signs or other traffic- control devices indicating that work is in progress. (c) Violation of this section shall constitute a traffic infraction punishable by a fine of not more than two hundred and fifty dollars ($250.00); provided, that nothing in this section shall preclude the prosecution and conviction of any person whose operation of any motor vehicle in a highway work zone, apart from speed, demonstrates a reckless disregard for life, limb or property. · · · Sec. 21-33S. Chemical testing to determine alcohol or drug content of blood. (a) Definitions. As used in this section, unless the context clearly indicates otherwise: (1) The phrase ''alcohol or drug'' means alcohol, a drug or drugs, or any combination of alcohol and a drug or drugs. (2)The phrase ''blood or breath'' means either or both. (3) '~Director'' means the director of the division of forensic science. (4)''Division'' means the division of forensic science· (5) ''License'' means any driver's license, temporary driver's license, or instruction permit authorizing the operation of a motor vehicle upon the highways. 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 (6) ~Ordinance'' means a county, city or town ordinance. (b) Implied consent to post-arrest chemical test to determine drug or alcohol content of blood. (1) Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in Code of Virginia, section 46.2-100, in this city shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of section 21- 336 or section 21-336.1 within two (2) hours of the alleged offense. (2) Any person so arrested for a violation of section 21- 336(i) or (ii), or both, or section 21-336.1, shall submit to a breath test. If the breath test is not available, or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused. (3) A person, after having been arrested for a violation of section 21-336(iii) or (iv), or of section 21-336.1, may be required to submit to a blood test to determine the drug or both alcohol and drug content of his blood. When a person, after having been arrested for a violation of section 21-336(i) or (ii), or both, submits to a breath test in accordance with subsection(b) (2) of this section, or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both alcohol and drug content of 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs. · · · Sec. 21-343. Reimbursement for expenses of driving while impaired. (a) Any person who is convicted of violation of section 21- 336, or section 6-122 of this code, or of section 18.2-266 or section 29.1-738 of the Code of Virginia, when his operation of a motor vehicle, engine, train or watercraft while impaired is the proximate cause of any accident or incident resulting in an appropriate emergency response, shall be liable in a separate civil action to the city, and to any volunteer rescue squad, which may provide such emergency response for the reasonable expense thereof, in an amount not to exceed one thousand dollars ($1,000.00) in the aggregate for a particular accident or incident. (b) As used in this section, ''appropriate emergency response'' includes all costs of providing law-enforcement, firefighting, rescue, and emergency medical services. (c) The provisions of this section shall not preempt or limit any remedy available to the commonwealth, the city, or any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving or operation of a vehicle as set forth herein. (d) No policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle, engine, train, motorboat, or watercraft issued, or issued for delivery, in the commonwealth shall ensure against any civil liability under this section. · · · Sec. 21-456. Duty to obey traffic signs and signals and orders of police officers. Pedestrians shall obey signs and signals erected on highways or streets for the direction and control of travel and traffic and they shall obey the orders of police officers engaged in directing 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 travel and traffic on the highways and streets. Violations of this section shall be punished by a fine not exceeding cnc two hundred dollars 'm~n n~ ~¥ ...... , ($200.00) for each offense. · · · Sec. 21-465. Penalty for violating sections 21-457--21-464. Any person convicted of violating any of the provisions of sections 21-457 through 21-464 shall be fined not more than e~e two hundred dollars ($I00.00) ($200.00) for each offense. This Ordinance shall be effective July 1, 1995· Adopted by the City Council of the City of Virginia Beach on this 13th day of June 1995. CA-5967 DATA/ORD IN / PROPOSED / 21-19 ET. ORD MAY 22, 1995 R2 APPROVED AS TO LEGAL SUFFICIENCY Department of Law - 25 - Item CONSENT AGENDA ORDINANCES ITEM # 39336 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED: Ordinance to AMEND and REORDAIN Section 23-33 of the Code of the City of Virginia Beach re scalping tickets for public events. Voting: 11-0 Council Members Voting .dye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-33 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO SCALPING TICKETS FOR PUBLIC EVENTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-33 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 23-33. Scalping tickets for public events. (a) It shall be unlawful for any person to resell, for profit, any ticket for admission to any sporting event, theatrical production, lecture, motion picture or any other event open to the public for which tickets are ordinarily sold, except in the case of religious, charitable or educational organizations where all or a portion of the admission price reverts to the sponsoring group and the resale for profit of such ticket is authorized by the sponsor of the event and the manager or owner of the facility in which the event is being held. (b) Any violation of this section shall constitute a Class 4 3 misdemeanor. This ordinance shall become effective July 1, 1995. Adopted by the City Council of the City of Virginia Beach on this ]3thday of Jun~ 1995. CA-5981 DATA/ORDIN/PROPOS ED/23 - 33. ORD JUNE 5, 1995 R2 APPROVED AS TO LEGAL SUFFICIENCY Dep~tmen( of Law - 26 - Item IV-J. 5. CONSENT AGENDA ORDINANCES ITEM # 3933 7 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED: Ordinance to TRANSFER $192,176 from the General Fund Reserve for Contingencies to the Department of Convention and Visitor Development re additional costs as a result of increased visitation inquiries Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K, Dean, William W. Harrtson, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy ~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 AN ORDINANCE TO TRANSFER $192,176 FROM GENERAL FUND RESERVE FOR CONTINGENCIES TO THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT TO COVER ADDITIONAL COSTS AS A RESULT OF INCREASED VISITATION INQUIRIES WHEREAS, the V~s~tor Informahon Center of the Department of Convention and V~s~tor Development prowdes assistance to ws~tors, potential ws~tors and c~t~zens through walk-in assistance, response to telephone ~nformabon, and v~s~tat~on ~nqu~nes, 10 11 WHEREAS, due to refinements of the use of technology and enhanced marketing programs, the number of inquiries for the upcoming summer season is expected to increase by 16% or about 50,000 over the prewous year amount, 12 13 WHEREAS, the increase ~n ~nqu~nes coupled with the recent rise ~n postal rates, have resulted in the need for additional funds for telecommumcabons and postage totalling $217,176, 14 15 16 WHEREAS, as a result of cost sawng measures and curtmled spending, the department has idenhfled $25,000 which can be applied to the ~ncreased costs resulting ~n a net amount of $192,176, 17 18 WHEREAS, the add~bonal amount needed may be transferred from General Fund Reserve for Conbngenc~es 19 20 21 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That funds in the amount of $192,176 are hereby transferred from General Fund Reserve for Contingencies to the Convenbon and V~s~tor Development operabng budget to pay additional costs due to ~ncreases ~n v~s~tat~on ~nqu~nes 24 25 26 Th~s ordinance shall be effecbve on the date of ~ts adopbon Adopted by the Council of the City of V~rg~nla Beach, V~rg~ma on the 13th day of June ,1995 Approved As To Content Dept. of Managemerft~Services Fde C \OB96\CVDORD1 APPROVED AS TO ]~ - 27 - Item [g-J. 6. CONSENT AGENDA ITEM # 39338 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED: Ordinance to authorize the City Manager to execute Police Mutual Aid and Cooperation agreements with Norfolk State University (NSU) and Old Dominion University (ODU) re furnishing of police services. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy IE Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE POLICE MUTUAL AID AND COOPERATION AGREEMENTS WITH NORFOLK STATE UNIVERSITY AND OLD DOMINION UNIVERSITY WHEREAS, Virginia law authorizes local governments to enter into reciprocal agreements with institutions of higher learning for mutual aid and cooperation in the furnishing of police services; and WHEREAS, it is deemed desirable that the City of Virginia Beach enter into agreements with Norfolk State University and Old Dominion University to enable mutual aid and cooperation with regard to law enforcement, thus increasing the ability of the parties to promote the safety and welfare of their respective jurisdictions. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the accompanying Police Mutual Aid and Cooperation Agreements, Attachments A and B, which are hereby incorporated by reference, are approved; and, BE IT FURTHER ORDAINED: That the City Manager be directed to execute said Agreements on behalf of the City of Virginia Beach. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of Ju~ , 1995. 26 27 28 29 CA-5829 DATA/ORDIN/NONCODE/NST-ODU. ORD APRIL 20, 1995 R3 APPROVED AS TO CONTENT Pohce APPROVED AS TO LEGAL SUFFICIENCY ATTACHMENT "A" AGREEMENT FOR MUTUAL AID AND COOPERATION WITH NORFOLK STATE UNIVERSITY IN FURNISHING POLICE SERVICES THIS AGREEMENT, made this day of , 1995, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, and NORFOLK STATE UNIVERSITY, a State supported institution of higher learning. WHEREAS, Virginia law authorizes local governments to enter into reciprocal agreements with State-supported institutions of higher learning for mutual assistance and cooperation in the furnishing of police services; and WHEREAS, the City of Virginia Beach and Norfolk State University have determined that it would be mutually beneficial to both parties to enter into such an agreement; and WHEREAS, the parties desire that the terms and conditions of this Agreement for Mutual Aid and Cooperation in Furnishing Police Services be established; NOW, THEREFORE: WITNESSETH That for and in consideration of the mutual benefits to be derived from an Agreement for Mutual Aid and Cooperation in Furnishing Police Services, the parties hereto covenant and agree as follows: 1. Each party will endeavor to provide police support to the other party to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2, Requests for assistance pursuant to the te~s and conditions of this Agreement shall b~ made by the requesting party's City Manager or University President, whichever is applicable, or his respective designee. 3. The requesting party shall be responsible for designating a radio communications system for use by the responding party. 4. The personnel of the responding party shall render such assistance under the direction of the Chief of Police of the requesting party. 5. Law enforcement support provided pursuant to this Agreement shall primarily consist of uniformed sworn officers but may also include the following resources: canine officers, aerial support when maintained, forensic support, plainclothes officers, special operations personnel and related equipment. 6. Nothing contained in this Agreement shall in any manner be construed to compel either party hereto to respond to a request for police support when the police personnel of the party to whom the request is made are needed or are being used locally~ nor shall any such request compel the requested party to continue to provide police support to the other when its police personnel or equipment are needed for other duties within its own area of responsibility. 7. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the police agency of the locality whose court has original jurisdiction over the offense. Entering police personnel shall promptly notify the local police agency upon discovery of a crime over vhich the court of the entered locality has original jurisdiction. 8. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer~ such authority shall be in conformance with Virginia Code Section 15.1-131.3. 9. Ail police officers, agents, and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers,rights, benefits, privileges, and immunities in each jurisdiction subscribing to this Agreement, including the authority to make arrests in each such Jurisdiction subscribing to this Agreement. 10. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the local government or University within its respective boundaries shall extend to its participation in rendering assistance outside its boundaries. It is understood that for the purposes of this Agreement, the responding party is rendering aid once any of its personnel have entered the jurisdictional boundaries of the party receiving assistance. 11. All pension, relief disability, worker's compensation, life and health insurance, and other benefits enjoyed by said employees shall extend to the services they perform under this Agreement outside their respective Jurisdictions. Each party agrees that provisions of these benefits shall remain the responsibility of the primary employing party. 12. Each party agrees that, in activities involving the rendering of assistance pursuant to this Agreement, each party shall (i) waive any and all claims against the other party which may arise out of its activities outside its respective Juris- diction~ and (ii) to the extent permitted by Virginia law, indemnify and save harmless the other party from all claims by third parties for property damage or personal injury which may arise out of the activities of the other party outside its respective jurisdiction. 13. The parties shall not be liable to each other for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from the other jurisdiction~ provided that the party requesting services may, at that time, agree to reimburse the responding party for personnel salaries and specified expenses associated with, or arising out of, the rendering of assistance pursuant to this Agreement. 14. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the cooperative provision of mutual police services. 15. Either of the parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their City Manager and University President, respectively, and the official seals of the City and University are affixed hereto and properly attested. ATTEST: CITY OF VIRGINIA BEACH By: By: City Clerk Ordinance No. Adopted on City Manager ATTEST: NORFOLK STATE UNIVERSITY By: President ATTACHMENT "B" AGREEMENT FOR MUTUAL AID AND COOPERATION WITH OLD DOMINION UNIVERSITY IN FURNISHING POLICE SERVICES THIS AGREEMENT, made this day of , 1995, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, and OLD DOMINION UNIVERSITY, a State supported institution of higher learning. WHEREAS, Virginia law authorizes local governments to enter into reciprocal agreements with State-supported institutions of higher learning for mutual assistance and cooperation in the furnishing of police services; and WHEREAS, the City of Virginia Beach and Old Dominion University have determined that it would be mutually beneficial to both parties to enter into such an agreement; and WHEREAS, the parties desire that the terms and conditions of this Agreement for Mutual Aid and Cooperation in Furnishing Police Services be established; NOW, THEREFORE: WITNESSETH That for and in consideration of the mutual benefits to be derived from an Agreement for Mutual Aid and Cooperation in Furnishing Police Services, the parties hereto covenant and agree as follows: 1. Each party will endeavor to provide police support to the other party to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be made by the requesting party's City Manager or University President, whichever is applicable, or his respective designee. 3. The requesting party shall be responsible for designating a radio communications system for use by the responding party. 4. The personnel of the responding party shall render such assistance under the direction of the Chief of Police of the requesting party. 5. Law enforcement support provided pursuant to this Agreement shall primarily consist of uniformed sworn officers but may also include the following resources: canine officers, aerial support when maintained, forensic support, plainclothes officers, special operations personnel and related equipment. 6. Nothing contained in this Agreement shall in any manner be construed to compel either party hereto to respond to a request for police support when the police personnel of the party to whom the request is made are needed or are being used locally~ nor shall any such request compel the requested party to continue to provide police support to the other when its police personnel or equipment are needed for other duties within its own area of responsibility. 7. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the police agency of the locality whose court has original jurisdiction over the offense. Entering police personnel shall promptly notify the local police agency upon discovery of a crime over which the court of the entered locality has original Jurisdiction. 8. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer~ such authority shall be in conformance with Virginia Code Section 15.1-131.3. 9. All police officers, agents, and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers,rights, benefits, privileges, and immunities in each jurisdiction subscribing to this Agreement, including the authority to make arrests in each such jurisdiction subscribing to this Agreement. 10. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the local government or University within its respective boundaries shall extend to its participation in rendering assistance outside its boundaries. It is understood that for the purposes of this Agreement, the responding party is rendering aid once any of its personnel have entered the jurisdictional boundaries of the party receiving assistance. 11. All pension, relief disability, worker's compensation, life and health insurance, and other benefits enjoyed by said employees shall extend to the services they perform under this Agreement outside their respective Jurisdictions. Each party agrees that provisions of these benefits shall remain the responsibility of the primary employing party. 12. Each party agrees that, in activities involving the rendering of assistance pursuant to this Agreement, each party shall (i) waive any and all claims against the other party which may arise out of its activities outside its respective Juris- diction~ and (ii) to the extent permitted by Virginia law, indemnify and save harmless the other party from all claims by third parties for property damage or personal injury which may arise out of the activities of the other party outside its respective jurisdiction. 13. The parties shall not be liable to each other for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from the other jurisdiction~ provided that the party requesting services may, at that time, agree to reimburse the responding party for personnel salaries and specified expenses associated with, or arising out of, the rendering of assistance pursuant to this Agreement. 14. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the cooperative provision of mutual police services. 15. Either of the parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their City Manager and University President, respectively, and the official seals of the City and University are affixed hereto and properly attested. ATTEST: CITY OF VIRGINIA BEACH By: By: City Clerk Ordinance No. Adopted on City Manager ATTEST: OLD DOMINION UNIVERSITY By: By: President - 28 - Item IV-J. Z a. b. ORDINANCES ITEM # 39339 The following registered in SUPPORT: Joseph F. McCauley, 3153 Colchester Road, Phone: 721-2412, represented Back Bay National Wildlife Refuge, in support of Option 6. Molly Brown, 2232 Sandpiper Road, Phone: 721-5011, represented Friends of Back Bay, in support of Option 6. Chandler Dennis, 2212 Sandpiper, spoke in support of Option 6 and requested a line be run an extra 1/2 mile to a mile to include the already developed commercially zoned properties on Sandbridge Road. Maxine C. Graham, 3057 South Sandptper, Phone. 721-3000, spoke in support of Option 5 and 6. Upon motion by Councilman Dean, seconded by Councilman Branch, City Council: Sandbridge Sanitary Sewer Project (CIP 6-931): AUTHORIZED, AS AMENDED: Route No. 6 for the construction of a Force Main from the Atlantic Treatment plant to the Dam Neck area. ADOPTED a Resolution to authorize the City Manager to enter into an Interest Participation Agreement with the Hampton Roads Sanitation Dtstrict (HRSD) re construction of public sanitary sewer service facilities. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, V~ce Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None June 13, 1995 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN INTEREST PARTICIPATION AGREEMENT WITH THE HAMPTON ROADS SANITATION DISTRICT FOR THE CONSTRUCTION OF PUBLIC SANITARY SEWER SERVICE FACILITIES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, on November 22, 1994, the Director of Public Utilities presented to the City Council a briefing concerning alternative routes for a sanitary sewer force main to serve the Sandbridge area; and WHEREAS, among the alternatives presented to the City Council, the staff recommends Alternative #6, which provides that the City will design and construct a force main from Sandbridge through Dam Neck to the Atlantic Treatment Plant; and WHEREAS, Hampton Roads Sanitation District (HRSD) agrees to provide to the City a contribution of $1.2 million to aid in the construction of the Sandbridge Force Main through Dam Neck; and WHEREAS, a condition of the HRSD contribution is that the City enter into an interest participation agreement with HRSD to design and construct a force main interceptor from the Atlantic Treatment Plant to the Lago Mar area; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and hereby is, authorized and directed to execute, on behalf of the City of Virginia Beach, an interest participation agreement with Hampton Roads Sanitation District for the construction of the aforesaid sanitary sewer service facilities, which interest participation agreement shall contain substantially the same terms and conditions as those set forth in the attached draft "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VIRGINIA BEACH AND HAMPTON ROADS SANITATION DISTRICT SUBJECT: SANDBRIDGE OFF-SITE SANITARY SEWER FORCE MAIN FOR ROUTE #6", dated February 22, 1995. Adopted by the Council of the City of Virginia Beach on the 13th day of Juna , 1995. 35 36 37 38 CA-94-5817 \ noncode \ sewer 1. res 06/13/95 R-3 DRAFT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VIRGINIA BEACH AND HAMPTON ROADS SANITATION DISTRICT SUBJECT: SANDBRIDGE OFF-SITE SANITARY SEWER FORCE MAIN FOR ROUTE #6 BACKGROUND: The City of Virginia Beach has an approved Project #6-931 to design and construct a sanitary sewer system to serve approximately 1,421 lots in the Sandbridge area. Preliminary engineering has been initiated for the project. The project consists of two basic parts. Part I is for the design and construction of the collection system for the Sandbridge residents. Part II is a route analysis for the off-site force main which will convey the sanitary sewer flows from Sandbridge to the HRSD treatment plant. HRSD has agreed to fund 100% of the design and construction for the force main if constructed along the alignment of Sandbridge Road and Ferrell Parkway, between Sandbridge and Lago Mar. HRSD has also agreed to construct an interceptor main between the Atlantic Treatment Plant and the Lago Mar area, with an interest participation agreement from Virginia Beach for approximately one-third of the project cost. The Fish and Wildlife Service, the Back Bay Wildlife Refuge, and the Friends of Back Bay are objecting to the construction of the off-site force main between Sandbridge and Lago Mar. In an effort to be sensitive to the concerns of the Back Bay Wildlife Refuge and its supporters, the City of Virginia Beach and HRSD are willing to jointly participate in the design and construction of an alternate force main route from Sandbridge through Dam Neck to the HRSD Atlantic Treatment Plant. The following points of agreement have been reached between HRSD and the City regarding the alternative route: 1. City of Virginia Beach (CVB) agrees to fund, design, build, own, and operate the Sandbridge force main through Dam Neck to the Hampton Roads Sanitation District (HRSD) Atlantic Treatment Plant. February 22, 1995 Page 1 2. HRSD agrees to provide to CVB a contribution of $1.2M to aid in the construction of the Sandbridge force main through Dam Neck. The $1.2M is the estimated construction cost for HRSD to design and construct a force main from Sandbridge along Sandbridge Road/Ferrell Parkway to the Lago Mar Area (Atwoodtown Road). 3. CVB agrees to enter into an Interest Participation Agreement with HRSD for the construction of approximately 10,000 feet of HRSD interceptor force main from the Ferrell Parkway corridor- Lago Mar Area - to the Atlantic Treatment Plant. HRSD agrees, in conjunction with CVB, to conduct a route study to determine the size and alignment of the interceptor within the general vicinity as illustrated in Figure 1. 4. HRSD will give CVB credits for existing connections in the Lago Mar/Red Mill service areas once the Lago Mar/Red Mill sewer flows are re-routed to the new interceptor force main. 5. CVB assumes full responsibility to provide sanitary sewer service to the area east of Atwoodtown Road as illustrated in Figure 2, if service is ever deemed to be appropriate for that area. 6. As an alternative to the 1990 HRSD Development Plan for the Southern Loop Interceptor, CVB and HRSD mutually agree to participate in a study to determine an interim approach to providing additional capacity through the upgrade and use of existing CVB and HRSD force mains located generally following the Salem Road/North Landing Road/Ferrell Parkway corridor as illustrated in Figure 3. cji Attachment February 22, 1995 Page 2 Al I.~,t~I-IlViI::N I I N PORTION OF HRSD INTERCEPTOR FORCE MAIN Sandbr~dge Nol EXISTING SERVICE AREA / FIGURE 1 COHBAT FS CORPORATE LANDINC INDUSTRIAL PARK Altantic K AREA OF ROUTE STUDY PROPOSED H.R.S.D. ROUTE NO. 17 USCG I /'7' FIGURE 2 0 FOR SEWER 0~ST /" iiluuJJ ~ llJ#llJllllJllJliJlllll IIIII · ,,,,,lllll~lJOhltfllhlllI! ~ IJlJilllilllllllllHlllJlMiIiiBlnnllllllllk! · · ~, o, I I I ,J~ II FIGURE INTEREST PARTICIPATION AGREEMENT FOR THE CONSTRUCTION of HRSD INTERCEPTOR FORCE MAIN PART I for THE CITY OF VIRGINIA BEACH THIS AGREEMENT, between the City of Virginia Beach (CITY) and the HAMPTON ROADS SANITATION DISTRICT (DISTRICT), entered into this _ day of ,1995 WITNESSETH: WHEREAS, the HRSD Interceptor Force Main Part I is planned to provide for the systematic expansion of DISTRICT facilities to meet the needs of customers in accordance with the Development Plan; and WHEREAS, the CITY finds it necessary to pursue the construction of the HRSD Interceptor Force Main Part I as specifically described below; and WHEREAS, the DISTRICT agrees to have such facilities constructed at the DISTRICT's cost and in accordance with the description of the facilities stated and referred to herein and under the terms and conditions herein defined; NOW, THEREFORE, it is mutually agreed between the parties hereto as follows: I. DESCRIPTION OF FACILITIES In keeping with the policies set forth in the DISTRICT's Development Plan and the CITY's requirements for Sanitary Sewer Systems, the DISTRICT will construct: Approximately 10,400 feet of force main beginning at the existing District Atlantic Treatment Plant in Virginia Beach, thence southerly to Atwoodtown Road as shown on Attachment 1. II. CONSTRUCTION OF FACILITIES A1 Cost of Con~l;ru(;tion: The total cost of the interceptor facilities, as specifically defined by the plans and specifications for the work, prepared by or for the DISTRICT and approved by the CITY, shall include (a) construction contract costs for the facility; (b) cost of engineering design, construction, supervision and inspection; (c) the cost of advertising for bids, review by the DISTRICT consultants, and other miscellaneous essential expense; and (d) the cost of land and rights-of-way acquired for construction from property other than that owned by the CITY or in public rights-of-way. The records of these costs shall be available for review by the CITY at any mutually convenient time. The cost shall not include administrative or salary cost of the CITY or the DISTRICT. The CITY's share of the cost of construction is agreed to be calculated at the end of construction or as of the date any portion of the interceptor as requested by the CITY is made available for use prior to the total completion of the project, as set forth in Attachment II. a. A_o_oroval of Plans and S_oecifications: The DISTRICT agrees that before any construction work is begun under this agreement, it will submit to and secure approval from the CITY (in writing) of final plans and specifications for the work, This approval includes but is not limited to force main size, type of material, routing, and outlets. C. Ownershio of Facilities: The facilities constructed will remain the property of the DISTRICT. III. OBLIGATION OF THE DISTRICT A, Collection of Service Charges: The DISTRICT and the CITY agree the Wastewater Facility Charges, normally made by the DISTRICT will be charged for each new connection served by the lines previously described in Section I. No Facility Charge will be required for the connection of existing facilities which are served by septic tank or other inadequate sewerage treatment facilities which are to be abandoned. Wastewater Treatment Charges shall be collected by the DISTRICT in accordance with provisions of the rate schedule in effect at the time of collection. The CITY, however, reserves the right to charge and collect facility and service charges as appropriate in addition to the DISTRICT charges. The DISTRICT shall maintain a complete and accurate record of all Wastewater Treatment Charge collections and such records shall be available for inspection by authorized representatives of the CITY during normal working hours. B, Revenue Credit to the CITY: When the DISTRICT begins treatment of flows generated through the facilities or any portion of the facilities described in Section I at its treatment plants, the DISTRICT agrees to credit the CITY, at the end of each quarterly period, with 70% of all revenues collected by the DISTRICT for Wastewater Treatment Charges from new connections to the aforesaid facilities. Such new connections considered for the 70% credit will be those located in the CITY and outside of the existing service area as shown in Attachment I. The existing areas served by City Pump Stations 448, 619 and 620 will also be considered for credit if these flows are redirected to the HRSD Interceptor Force Main, Part I. IV. OBLIGATIONS OF THE CITY Al Payment to the DISTRICT: The CITY agrees to pay to the DISTRICT, at the end of each quarterly period, one-fourth of the annual interest sum arrived at by multiplying Virginia Beach's share of the cost of construction, as described in Section II. A., by the agreed interest rate of ~% for portions of the project financed conventionally or by the interest rate charged by the Virginia Revolving Loan Fund for portions of the project financed through the Virginia Revolving Loan Fund, less the 70% credit to the CITY as outlined in Section III. B. above. Payments will begin as of the date of completion of the interceptor and at the time it becomes available for use or as of the date any portion of the interceptor as requested by the CITY is made available for use prior to the total completion of the project. Bi Future Relocating of Lines: If any such lines are required to be relocated to accommodate other public projects, relocation shall be at the expense of the project. Vi PAYMENT TERMINATION Payment shall terminate when such 70% credits equal the amount of the CITY's quarterly payments and such 70% credits have not, for any quarterly period within one year prior thereto, been less than the CITY's quarterly payment. IN WITNESS WHEREOF, the CITY has caused this agreement to be signed by the City Manager in its behalf and its seal affixed and attested by the City Clerk, pursuant to resolution adopted by the City Council on , 1995, and the Hampton Roads Sanitation District Commission has caused this agreement to be signed in its behalf by its General Manager and its seal affixed and attested by its Secretary in accordance with authorization granted at its regular meeting held on _ , 1995. ATTEST: CITY OF VIRGINIA BEACH By James K. Spore, City Manager City Clerk ATTEST: HAMPTON ROADS SANITATION DISTRICT By. James R. Borberg, General Manager Secretary APPROVED AS TO FORM' City Attorney ATTACHMENT II INTERCEPTOR FORCE MAIN COST OF CONSTRUCTION VIRGINIA BEACH'S SHARE DESCRIPTION ENGINEERING, CONSTRUCTION, & LAND COSTS CITY SHARE Differential on Pipe in Va Beach: 54" DI Pipe - Atlantic Treatment Plant to Atwoodtown Road - Virginia Beach Share = 32% 54" x 32% TOTAL: MLS/ac/cjl HRSD INTERCEPTOR FORCE MAIN FROM ATLANTIC PLANT TO FERRELL PARKWAY CONSTRUCTION COST ESTIMATE DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 54" DI Pipe 54" Stream Crossing SUBTOTAL 20% CONTINGENCY 12% ENGINEERING LF 9000 $190 $1,710,000 LF 800 $1,000 800,000 TOTAL 92,510,000 502,000 301,200 $3,313,200 Virginia Beach's share of cost based on 32% for Pungo portion (54") Annual Interest Participation Estimated @ 5.5% Present worth value of Life Cycle Interest Participation 91,060,224 $ 58,313 Number of equivalent housing units necessary to pay off Interest Participation Amount Based on credit of 70% of $128/yr per equivalent housing unit 651 This is from the Force Main Route Study, June 1994, prepared by Maguire Associates. Z o~ Z Z Z 0 00 CD) ',<::r ',<3'- ~ ~ . 0 0 **ZZ PROJECT COST ANALYSIS SANDBRIDGE SEWER OFF-SITE FORCE MAIN ALTERNATIVE #5 Initial Construction Cost HRSD Credit for Construction City Interest Participation Cost Purchase of Property for Refuge Based on Fair Market Value Purchase of 20' Easement Along Ferrell Parkway Total Project Cost $ 1.20M - 1.20M +0.14 M + 0.32 M + 0.02 M $ 0.48 M ALTERNATIVE #6 Initial Construction Cost HRSD Credit for Construction Deduction for Shorter Force Main Length Than Anticipated Present Worth Value for Maintenance of the Force Main $ 1.90M - 1.20M - 0.18 M +0.16 M Total Project Cost $ 0.68 M STAFF RECOMMENDATIONS SUMMARY - ALTERNATIVE #5 Alternative #5 provides that the Hampton Roads Sanitation District (HRSD) will design and construct a force main from the HRSD Atlantic Treatment Plant south to the Lago Mar area, and from Lago Mar along existing right-of-way to Sandbridge. The Back Bay Wildlife Refuge and The Friends of Back Bay are opposed to this route due to the environmental impacts and the potential secondary development impacts. The City's consultant, Maguire and Associates, reviewed the potential environmental impacts and determined there would be minimal and short-term impacts from the force main installation. In response to the Back Bay Wildlife Refuge concerns, the City investigated the concept of purchasing developable property along the force main route in order to mitigate for potential secondary development impacts. There are 120 acres of land along the force main route which the Refuge is interested in purchasing. Based on fair market value for this land, the cost to purchase this land would be $327,600. The cost to purchase this property based on what the Refuge has paid would be $876,000. Based on past experience, it is anticipated that the property owners would be unwilling to voluntarily sell their property at the City estimates. SUMMARY - ALTERNATIVE #6 Alternative #6 provides that the City of Virginia Beach will design and construct a force main from the Hampton Roads Sanitation District (HRSD) Atlantic Treatment Plant through Dam Neck Naval Base to Sandbndge with HRSD participation. The Friends of Back Bay presented the Alternative #6 concept at the public hearing on January 10, 1995. Theer proposal was for HRSD to design, construct, own, and operate the force main through Dam Neck, similar to HRSD's offer regarding Alternative #5 between Sandbndge and Lago Mar. HRSD is unwelling to design, construct, own, and operate the force main through Dam Neck, but they did offer the City of Virginia Beach a contribution to aid ~n the construction of the Dam Neck route. On April 25, 1995 the Hampton Roads Sanitation D~strict (HRSD) Commission agreed to contribute $1.2 mill~on to the cost of the construction of this route. The Friends of Back Bay and The Back Bay W~ldlife Refuge support this alternative since they believe there will be less of an environmental ~mpact upon the Refuge, and no secondary development impact. The force mare length has been shortened from the 17,400 feet shown in the Maguire report dated June, 1994, to 14,500 feet based on the proposed sewer system layout in Sandbndge. The City w~ll be required to provide sanitary sewer service to the area between Atwoodtown Road and Sandbridge if service is ever deemed to be appropnate for that area. (See Item 5 of the attached Memorandum of Agreement with HRSD.) Staff recommends Alternative #6 for the following reasons: 1. The project costs of Alternative #5 and Alternative #6 are comparable. Alternative #5 = $0.48M; alternative #6 = $0.68M (see Project Cost Analysis). 2. The Back Bay Wildlife Refuge and The Friends of Back Bay support this alternative since it avoids the potential secondary development impacts. 3. The City would not need to purchase any of the land along this route to mitigate the potential environmental concerns. MLS/cjl DRAFT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VIRGINIA BEACH AND HAMPTON ROADS SANITATION DISTRICT SUBJECT: SANDBRIDGE OFF-SITE SANITARY SEWER FORCE MAIN FOR ROUTE #6 BACKGROUND: The City of Virginia Beach has an approved Project #6-931 to design and construct a sanitary sewer system to serve approximately 1,421 lots in the Sandbridge area. Preliminary engineering has been initiated for the project. The project consists of two basic parts. Part lis for the design and construction of the collection system for the Sandbridge residents. Part II is a route analysis for the off-site force main which will convey the sanitary sewer flows from Sandbridge to the HRSD treatment plant. HRSD has agreed to fund 100% of the design and construction for the force main if constructed along the alignment of Sandbridge Road and Ferrell Parkway, between Sandbridge and Lago Mar. HRSD has also agreed to construct an interceptor main between the Atlantic Treatment Plant and the Lago Mar area, with an interest participation agreement from Virginia Beach for approximately one-third of the project cost. The Fish and Wildlife Service, the Back Bay Wildlife Refuge, and the Friends of Back Bay are objecting to the construction of the off-site force main between Sandbridge and Lago Mar. In an effort to be sensitive to the concerns of the Back Bay Wildlife Refuge and its supporters, the City of Virginia Beach and HRSD are willing to jointly participate in the design and construction of an alternate force main route from Sandbridge through Dam Neck to the HRSD Atlantic Treatment Plant. The following points of agreement have been reached between HRSD and the City regarding the alternative route: 1. City of Virginia Beach (CVB) agrees to fund, design, build, own, and operate the Sandbridge force main through Dam Neck to the Hampton Roads Sanitation District (HRSD) Atlantic Treatment Plant. 2. HRSD agrees to provide to CVB a contribution of $1.2M to aid in the construction of the Sandbridge force main through Dam Neck. The $1.2M is the estimated construction cost for HRSD to design and construct a force main from Sandbridge along Sandbridge Road/Ferrell Parkway to the Lago Mar Area (Atwoodtown Road). 3. CVB agrees to enter into an Interest Participation Agreement with HI:lSD for the construction of approximately 10,000 feet of HRSD interceptor force main from the Ferrell Parkway corridor- Lago Mar Area - to the Atlantic Treatment Plant. HRSD agrees, in conjunction with CVB, to conduct a route study to determine the size and alignment of the interceptor within the general vicinity as illustrated in Figure 1. 4. HRSD will give CVB credits for existing connections in the Lago Mar/Red Mill service areas once the Lago Mar/Red Mill sewer flows are re-routed to the new interceptor force main. 5. CVB assumes full responsibility to provide sanitary sewer service to the area east of Atwoodtown Road as illustrated in Figure 2, if service is ever deemed to be appropriate for that area. 6. As an alternative to the 1990 HRSD Development Plan for the Southern Loop Interceptor, CVB and HRSD mutually agree to participate in a study to determine an interim approach to providing additional capacity through the upgrade and use of existing CVB and HRSD force mains located generally following the Salem Road/North Landing Road/Ferrell Parkway corridor as illustrated in Figure 3. cji Attachment N FIGURE 1 COHBA? F$ · NO. 52 CORPORATE LANDING INDUSTRIAL PARK Altantic Treatmen 0 C) AREA OF ROUTE STUDY PROPOSED H.R.S.D. ROUTE USCO EAST COAST RAOIO STATION CITY OF VIRGINIA BEACH I OF RESPONSIBILITY FOR SEWER SERVICE £O~ST OIO STATION ocF.. "1 , IIII!! FIGURE 3 SANDBRIDGE SANITARY SEWER PROJECT/OFF-SITE FORCE MAIN QUESTIONS AND ANSWERS Following are responses to questions which were asked by Council members and citizens regarding the Sandbridge Off-Site Force Main. QUESTION 1: Discuss with Hampton Roads Sanitation District (HRSD) their willingness to participate in a force main through Dam Neck which would connect to the Atlantic Treatment Plant. (Force Main Route Alternative No. 6 presented by Friends of Back Bay.) ANSWER: HRSD will provide a contribution of $1.2 million to the City of Virginia Beach to aid in the construction of the Sandbridge force main through the Dam Neck Base. The $1.2 million is the estimated construction cost for HRSD to design and construct a force main from Sandbridge along Sandbridge Road/Ferrell Parkway to the Lago Mar area (Atwoodtown Road). The $1.2 million would be paid as a percentage of the construction invoices. QUESTION 2: City staff should take a more in depth review of the right-of-way costs for the City to construct the force main through Dam Neck Naval Training Center. ANSWER: The Navy policy entitled "Acquisition, Use by Others, and Disposal of Department of the Navy Real Property" states that non-federal users of Navy property will be charged fair market value (for easements). The policy also states that easements may be granted if the Commander, Naval Facilities Engineering Command finds that "the real property involved is the only property which reasonably can be used for the purpose". A letter dated January 9, 1995, from the Commanding Officer of Dam Neck states that there is no advantage to the Navy if the Sandbridge force main goes through Dam Neck; the letter also states that the City of Virginia Beach will have to pay "fair market value" for the easement. A letter dated February 2, 1995, from Marilyn Reinhold, Head of Operations Branch A, Real Estate Division at Naval Facilities Engineering Command, Atlantic Division, regarding the possibility of decreasing or eliminating the costs of the easements required if the City constructs the force main through Dam Neck lists three credits which may be allowed against the fair market value: 1) improved traffic flow from an easement for a public road, 2) improved drainage from an easement for a storm-drainage channel, or 3) easements for Federal-Aid Highways or Defense Access Roads. The letter states that the fair market value is determined by an in-house appraisal where similar easement acquisitions would be reviewed as well as the impact of the easement on the land. The City would incur additional expenses due to National Environmental Policy Act (NEPA) requirements, inclusive of National Historic Preservation Act requirements, and a Toxic and Hazardous Waste Survey. QUESTION 3: Has the alignment for HRSD's Southern Loop Interceptor been determined? ANSWER: Regardless of the location of the force main from Sandbridge to the HRSD Atlantic Treatment Plant, additional interceptor force main capacity is needed to convey wastewater from Virginia Beach and Chesapeake to the Atlantic Treatment Plant. Public Utilities is currently discussing several alternative interceptor routes with HRSD. HRSD is willing to consider routes along the Lago Mar, Nimmo Church, Courthouse, Salem Road, and Elbow Road corridors. HRSD is not committed to the Pungo, Indian River Road alignment. Question 4: How much capacity is remaining in the Hampton Roads Sanitation District (HRSD) Atlantic Treatment Plant? How many housing units does this equate to? Answer: HRSD's best estimate of the remaining capacity in the Atlantic Treatment Plant is 2 million gallons per day (MGD) average flow. Using HRSD's estimate of 83.3 GPD per person and 3 people per dwelling unit, approximately 8000 dwelling units could be served by the existing capacity in the Atlantic Treatment Plant. These flows could come from either Chesapeake or Virginia Beach. QUESTION 5: What are HRSD's flow projections for the sizing of the 54" interceptor force main based on? ANSWER: HRSD uses the HRSD 1990 Development Plan, the City of Virginia Beach Comprehensive Plan, and the City of Virginia Beach and Hampton Roads Planning District traffic zone and census tract information to determine the projected development potential of the area to be served by the new interceptor force main. QUESTION 6: Will HRSD construct the Sandbridge force main now and not 5 to 10 years in the future? Obtain a schedule from HRSD for design and construction of the Sandbridge force main and the portion of the interceptor force main from the Atlantic Treatment Plant south to Lago Mar. Will HRSD commit to funding the construction of the force main as shown in Alternative #5? Is the proposed construction (of the force main) scheduled to coincide with the start of construction for the Sandbridge sewer project? ANSWER: HRSD is prepared to construct both the Sandbridge force main and the portion of the interceptor force main from the Atlantic Treatment Plant to Lago Mar in accordance with an interest participation agreement with the City. HRSD will initiate design of the Sandbridge force main and interceptor force main upon execution of an interest participation agreement between Virginia Beach and HRSD. Although the funding is not currently available, HRSD has stated that funding will be made available. HRSD will have the force mains completed and operational in time to receive the initial sanitary sewer flow from the Sandbridge neighborhood. The current schedule for construction of the Sandbridge Sewer Project is: Off-Site Force Main Sanitary Sewer Collection System: Phase 1 Phase 2 Phase 3 May 1996 to May 1997 September 1996 to May 1997 September 1997 to May 1998 September 1998 to April 1999 QUESTION 7: What is the quantity of land adjacent to Route #5 that is privately owned but within the boundaries of the Refuge expansion plans? ANSWER: One hundred twenty acres, as shown on Attachment 1. QUESTION 8: How much of the land proposed to be purchased by the Refuge along Alternative Route #5 is zoned commercial? ANSWER: There are approximately 30 acres along Route #5 which are zoned commercial and proposed to be purchased by the Refuge. Approximately 20 acres of this land is wetlands - ten acres were verified by Maguire Associates' wetland determination, and ten acres are shown on the NWl maps. Only ten acres of this 30 acres of commercial property can be developed. The location of the 30 acres is shown on Attachment 1. QUESTION 9: Is the City willing to purchase lands along Route #5 which are planned to be purchased by the Refuge? ANSWER: The Refuge has paid up to $50,000 per acre for commercial properties. Based on condemnations of property along the Ferrell Parkway right-of-way, the "fair market value" of wetlands is approximately $600 per acre, agriculturally zoned property is $3,200 per acre and commercial property is $12,000 per acre. If $325,000 is authorized for land acquisition, the following amount of land could be purchased based on the above land values: 120 acres - Total planned for purchase by Refuge*: 60 acres of wetlands at $500/ac = 48 acres of AG zoned property at $3,200/ac = 12 acres of commercial property at 912,000/ac = TOTAL * Based on Maguire Wetland Determination Report 30,000 53,600 44,000 9327,600 If the City is willing to pay per acre values comparable to what the Refuge has paid to date, the estimated cost for this property would be: 120 acres - Total planned for purchase by Refuge*: 60 acres of wetlands at $600/ac = 48 acres of AG zoned property at $5000/ac = 12 acres of commercial property at 950,000 = $ 36,000 240,000 600,000 TOTAL 9876,000 * Based upon Maguire Wetland Determination Report QUESTION 10: Based on an on-site determination, how much of the land to be purchased (either by the Refuge or the City to mitigate secondary development impacts) is wetlands, and therefore, not developable? ANSWER: An on-site wetlands determination has been made. A wetlands determination provides an approximate location and percentage of wetlands for a given parcel based on a field review of each parcel. Of the 120 acres proposed to be purchased, approximately 60 acres are wetlands (not developable), and therefore, 60 acres are developable. QUESTION 11: Verify with Maguire Associates the amount of wetlands on the properties which they surveyed. Are any of the areas shown as wetlands based only on hydric soils? ANSWER: Maguire Associates used three criteria to evaluate the area which is wetlands - hydric soils, hydrophytic vegetation, and wetland hydrology. Only areas with all three criteria present were included as wetlands during the wetland determination. According to Maguire a property owner could fill up to I acre of the wetlands without any penalties from the Corps of Engineers. If the owner wanted to fill between I and 10 acres, the wetlands which are filled would have to be mitigated within the proposed development site. Filling over 10 acres of land is generally not allowed. QUESTION 12: Would the City be willing to place all lands purchased along Route #5 under a conservation easement? ANSWER: City staff would recommend placing the lands in a conservation easement. If the City purchases the lands and the Refuge is either unwilling or unable to purchase the property from the City at a future date, then the City would expect to utilize the land for wetland mitigation if it meets the requirements of the wetlands bank or some other outdoor activity compatible with the Refuge. The City must determine if this property is suitable for wetland mitigation. QUESTION 13: What are the concerns of the Back Bay National Wildlife Refuge? ANSWER: The Refuge is concerned with both the environmental impacts during construction and the secondary impacts of potential development which may occur as a result of the force main being installed between Sandbridge and Lago Mar. QUESTION 14: Will there be any direct and indirect loss of habitat and what will be the impact of stream crossings (two crossings of Ashville Bridge Creek) as a result of Route #5? ANSWER: The only impacts during construction of the force main will be within the City owned right-of-way and those impacts will be minimal and temporary. All property would be returned to its original state after construction. The potential secondary development impacts have been addressed in Questions 8, 15, and 16. QUESTION 15: Identify the secondary (potential development) impacts along Route #5. ANSWER: There is a total of 220 acres of land not owned by the Refuge that are zoned for development according to the Comprehensive Plan. An off-site development potential study~ was performed with the following assumptions: 1) The Back Bay Wildlife Refuge property is never developed; 2) The existing City right-of-way purchased for the proposed Ferrell Parkway is never developed; 3) Planned land uses identified in the Comprehensive Plan as Agricultural or Conservation areas have no future development potential. ~ Sandbridge Force Main Off-Site Development Potential Report is available for review. Three methods were used to estimate the developable land: 1) elevation above sea level of four feet or greater is developed; 2) land not identified as wetlands as shown on the National Wetland Inventory (NWl) maps of the area is developed; 3) only land that is not classified as hydric soils as shown on the soil classification survey maps of the area is developed. To summarize, there are 220 acres of land along the force main route zoned for development. Only a portion of this land can be developed due to the impact of wetlands on the property. METHOD TO DETERMINE WETLANDS TOTAL LAND WHICH COULD BE DEVELOPED Elevation ~4 feet 68 acres NWl Maps 107 acres Non-Hydric Soils 29 acres The City's Planning Department has reviewed the Maguire report. Planning's analysis is consistent with the Maguire report except for the amount of commercial property. Planning's analysis indicates that 45 dwelling units and 8,300 square feet of commercial use (roughly the equivalent of four "7- 11" convenience-type stores) could potentially be built on the property adjacent to the proposed force main (non-hydric soils). The Maguire report estimates 45 dwelling units and 1,000 square feet of commercial use. QUESTION 16: Identify the secondary (potential development) impacts south of Route #5. ANSWER: The second area of concern to the Refuge is along Sandbridge Road to the south of the proposed force main route. Planning's analysis indicates that of the 900 acres in this area, only 115 acres are suitable for development as defined in the City's Comprehensive Plan. The zoning of this property is agricultural and allows a maximum of one dwelling unit per five acres. This yields approximately 23 dwelling units. The Comprehensive Plan provides for no commercial development in this southern area. QUESTION 17: How many housing units will be required to satisfy the City's financial obligation under the interest participation agreement with HRSD for Route #5? ANSWER: Based upon an estimate from HRSD, the City would need approximately 1,600 units to connect to offset the City's interest participation cost. There are approximately 1400 possible connections from the Sandbridge neighborhood. HRSD estimates that there are an additional 1000 existing units in the Lago Mar/Red Mill area. (HRSD has requested the sanitary sewer flows from the Lago Mar/Red Mill area be redirected to the new interceptor force main and a credit will be given to the City for these units.) This combined total of approximately 2400 units will exceed the 1600 units required. Therefore, connections along Route #5 are not needed to satisfy the City's financial obligation under the interest participation agreement. GLJ/MLS/cjl Attachment ILl rn~ Z ATTACHMENT I "0 - 29 - !.tern IV-J. 7. c. ORDINANCES ITEM # 39340 Upon motion by Council lady Henley, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to REPEAL an Ordinance adopted 27 February 1984, entitled "An Ordinance establishing the service areas of the Sandbridge Sewer Project and authorizing the construction of Phase I" Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy ~ Parker, Vice Mayor William D Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent' None June 13, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE REPEALING A PRIOR ORDINANCE ADOPTED ON FEBRUARY 27, 1984, ENTITLED "AN ORDINANCE ESTABLISHING THE SERVICE AREAS OF THE SANDBRIDGE SEWER PROJECT AND AUTHORIZING THE CONSTRUCTION OF PHASE I" WHEREAS, on February 27, 1984, the City Council adopted an ordinance entitled "AN ORDINANCE ESTABLISHING THE SERVICE AREAS OF THE SANDBRIDGE SEWER PROJECT AND AUTHORIZING THE CONSTRUCTION OF PHASE I" (hereinafter "the Ordinance"), a true copy of which Ordinance is hereto attached; and WHEREAS, the Ordinance established the Sandbridge Sanitary Sewer Service Area, Phase I, as shown on the Service Area Map appended to the Ordinance, and authorized the construction of public sanitary sewer service facilities only to serve the Phase I service area; and WHEREAS, in accordance with its terms, the Ordinance, including the Service Area Map, may not be repealed or amended until the City Council has held a public hearing; and WHEREAS, the City Council has held a public hearing on January 10, 1995, after advertisement of such public hearing in accordance with applicable requirements of law; and WHEREAS, the extension of public sanitary sewer service into the Sandbridge Area was authorized by the City Council in the 1993- 94 Capital Improvement Program; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the ordinance entitled "AN ORDINANCE ESTABLISHING THE SERVICE AREAS OF THE SANDBRIDGE SEWER PROJECT AND AUTHORIZING THE CONSTRUCTION OF PHASE I", adopted by the City Council on February 27, 1984, be, and hereby is, REPEALED. 33 34 Adopted by the Council of the City of Virginia Beach on the 13thday of 3un¢ , 1995. CA-94-5805 \noncode \ sandsew, orn 1-3-95 R-2 D~PA~tTM'ENT AP'~'9OVED AS TO LEGA' FF, ENCY AN CITy ATI'O~,~Ey AN ORDINANCE ESTABLISHING THE SERVICE AREAS OF THE SANDBRIDGE SEWER PROJECT AND AUTHORIZING THE CONSTRUCTION OF PHASE WHEREAS, on April 26, 1982, City Council of the City of Virginia Beach adopted Resolution No. R-82-755, setting forth the policy of the City of Virginia Beach to extend public water and sewer service into unserved areas when potential health or safety hazards exist; and WHEREAS, in response to potential health or safety hazards, the Public Utilities Department has designed service areas for a project known as the Sandbridge Sewer Project (the "Project" ); and WHEREAS, the sewer force main for the Project is sized to serve only the Phase I area as designated on that certain map entitled "SANDBRIDGE SEWER 6-931 PHASE I SERVICE AREA," dated February 2, 1984, and designated as "Exhibit A," and attached hereto and made a part hereof (hereinafter "Service Area Map"); and WHEREAS, City Council has determined that a force main no greater than 24 inches should be constructed from Nimmo Church area to Atwoodtown Road to serve the Phase I area; and WHEREAS, it is City Council's express intent that the PrOject shall only service the area designated as Phase I on the Service Area Map as it is zoned or as designated in the Comprehensive Plan as of the date of this Ordinance; whichever provides the greatest impact on the sanitary sewerage system; and WHEREAS, it is anticipated that the costs of construction of the force main to serve Phase I will be shared between the City of Virginia Beach and the developers of the property within Phase I. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the service area for Phase I, as shown oh the Service Area Hap, is hereby establishedl that the sewer force main for the Project shall be sized at no greater than 24 inches and shall serve only the Phase I service areal that the sewer force main for Phase I of the Project shall be constructed as soon as reasonably practicable, with the City providing the differential cost funding for the force main to serve Phase I. 2. This Ordinance, including the Service Area Map, shall not be amended or repealed until a public hearing has first been held by City Council. Notice of this public hearing shall be published once a week for two (2) successive weeks in a newspaper having general circulation in the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the~rlJ~_~_~__ day o .... , 1984. JDB/da MISC.1 1113/84 2/1/84 2/9/84 2/27/84 -2- - 30 - CONSENT AGENDA ITEM # :39:341 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED: Applications for Annual Permit Renewal for private, municipal and non-profit organizations operating entergency medical service agencies or vehicles within the City, pursuant to Section 10.5-2 of the City Code: Advanced Wheelchair Transport, Inc. Chesapeake Emergency Medical Services Children's Hospital of the Kings Daughters Eastern Medical Transport Medical Transport, Inc. Mercy/Tidewater Ambulance Service Nightingale Air Ambulance Norfolk Fire and Paramedical Services Ocean Rentals Ltd. Virginia Beach Lifesaving Service Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, l, qce Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 - 31 - Item IV-I~ PUBLIC HEARING ITEM # 39342 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 2. GEORGIA-PACIFIC CORPORATION STREET CLOSURE 3. CITY OF VIRGINIA BEACH STREET CLOSURE 4. EASTMAN ENTERPRISES, INC. STREET CLOSURE 5. STEVE STEINHILBER NONCONFORMING USE 6. JAMES M. GRUSZECZKA NONCONFORMING USE 7. CHURCH POINT ASSOCIATES RECONSIDERATION OF CONDITIONS/ VARIANCE 8. BRIGHT FAMILY TRUST VARIANCE 9. SYLVESTER NICHOLS VARIANCE 10. DEVELOPMENT OPTIONS, INC. CONDITIONAL CHANGES OF ZONING 11. STEVEN L FOX CHANGE OF ZONING 12. THE HAPPY CRAB, INC. CHANGE OF ZONING 13. MILLER OIL CO., INC. CONDITIONAL USE PERMIT 14. JAMA T, INC. CONDITIONAL USE PERMIT 15. GOLFORAMA, INC. CONDITIONAL USE PERMIT 16. MICHAEL WA YNE CLIFTON CONDITIONAL USE PERMIT June 13, 1995 - 32 - Item IV-K. 1. PUBLIC HEARING ITEM# 39343 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items 2, 3, 4, 6, 10, 11, 13, 14, 15 and 16 of the PLe4NNING BY CONSENT AGENDA. Item 4 was APPROVED for ADDITIONAL 180 DAY DEFERRAL (December 12, 1995). Item 6 was APPROVED for DEFERRAL to June 27, 1995. Item I0 was APPROVED for DEFERRAL to June 27, 1995. Voang: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr and Louisa M. Strayhorn Council Members Vottng Nay: None Council Members Absent: None June 13, 1995 - 33 - Item 1V-K. 2. PUBLIC HEARING ITEM # 39344 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED FINAL APPROVAL: Ordinance re the discontinuance, closure and abandonment of portions of the following streets in the petition of GEORGIA-PACIFIC CORPORATION (KEMPSVILLE BOROUGH): Petition of GEORGIA-PACIFIC CORPORATION for the discontinuance, closure and abandonment of portions of the following streets: Mac Street: Portion beginning at the Southern boundary of Rouse Drive and running in a Southerly direction a distance of 418.95 along the Eastern property line and a distance of 375.82 feet along the Western property line to the Northern boundary of the Virginia Beach-Norfolk Expressway. Price Street: Portton beginning at the Southern boundary of Rouse Drive and running in a southerly direction a distance of 744. 71 feet along the Eastern property line and a distance of 674 67 feet along the Western property to the Northern boundary of the Virginia Beach-Norfolk Expressway. KEMPSVILLE BOROUGH. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 SYKES, CARNES, BOURDON & AHERN, P C ATTORNEYS AT LAW ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING PORTIONS OF THOSE CERTAIN STREETS, KNOWN AS PRICE STREET AND MAC STREET, SHOWN UPON THAT CERTAIN PLAT ENTITLED, "RESUBDIVISION PLAT OF PROPERTY OF GEORGIA-PACIFIC CORPORATION (DB 1228/PG 498, DB 1228/PG 496 & DB 2127/PG 694) TO CLOSE EXISTING STREET RIGHT OF WAYS, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA". WHEREAS, it appearing by affidavit that proper notice has been given by GEORGIA-PACIFIC CORPORATION, that they would make application to the Council of the City of Virginia Beach, Virginia, on January 25, 1994, to have portions of the hereinafter described streets discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that subject to the reservation of certain public utility easements the portions of said streets be discontinued, closed, and vacated. NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that those portions of the hereinafter described streets be discontinued, closed, and vacated: SEE ATTACHED EXHIBITS "A" AND Said parcels of land being portions of Price Street and Mac Street as indicated on that certain Resubdivision Plat of Georgia-Pacific Corporation dated December 1994 located in the Kempsville Borough, Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of 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, - 1 - SYKES, CARNES, BOURDON & AHERN, P C ATTORNEYS AT LAW Virginia, and indexed in the name of the City of Virginia Beach as Grantor and Georgia-Pacific Corporation as Grantee. SECTION III This Ordinance shall be effective upon the date of its adoption. SECTION IV Adopted: 13 June 1995 APPROVED AS TO CONT.':NTS SICNA"'U', ,': D~ ART/",/, _N AP~RC~VED A:~ TO Lr. GAL SU:FiCiENCY AND FORM CITY ;TTOR. NEY 4270i - 2 - SYKES, CARNES, BOURDON & AHERN, P C ATTORNEYS AT LAW EXHIBIT "A" LEGAL DESCRIPTION PRICE STREET ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH, VIRGINIA, as shown on that plat entitled "RESUBDIVISION PLAT OF PROPERTY OF GEORGIA-PACIFIC CORPORATION (DB 1228/PG 498, DB 1228/PG 496 & DB 2127/PG 694) TO CLOSE EXISTING STREET RIGHT OF WAYS, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", prepared by T.E.S., Inc., designated as PRICE STREET (50' R/W) and being more particularly described as Beginning at the point of intersection of the southern right-of-way line of ROUSE DRIVE and the western right-of-way line of PRICE STREET, thence south 19° 55' 00" east 566.51 feet along the western right-of-way line of Price Street to a point, thence along the right-of-way line of Price Street in a southerly direction along the arc of a curve to the right with a radius of 50' an arc distance of 36.14 feet to a point, thence along the right-of-way line of Price Street in a southerly direction along the arc of a curve to the left with a radius of 50' an arc distance of 88.50 feet to a point; thence south 19° 55' 00" east 8.16 feet along the western right-of-way line of Price Street to its point of intersection with the northern right-of-way line of STATE ROUTE 44; thence following the northern right-of-way line of State Route 44 in a southeasterly direction along the arc of a curve to the left with a radius of 3709.72 feet an arc distance of 70.74 feet to the point of its intersection with the eastern right-of-way line of Price Street; thence north 19° 55' 00" west 58.20 feet along the eastern right-of-way line of Price Street to a point; thence along the right-of-way line of Price Street in a northerly direction along the arc of a curve to the left with a radius of 50 feet an arc distance of 88.50 feet to a point; thence along the right-of-way line of Price Street in a northerly direction along the arc of a curve to the right with a radius of 50 feet an arc distance of 36.14 feet to a point; thence north 19° 55' 00" west 566.51 feet along the eastern right-of-way line of Price Street to a point; thence south 70° 05' west 50 feet to the point of Beginning. LESS AND EXCEPT a Public Utility Easement depicted and described on said plat which easement is hereby reserved by the City of Virginia Beach, for the purposes described in a Deed of Easements dated , 1995 between Georgia-Pacific Corporation and the City of Virginia Beach which is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach. 4270i - 3 - SYKES, CARNES, BOURDON & AHERN, P C ATTORNEYS AT LAW EXHIBIT "B" LEGAL DESCRIPTION PORTION OF MAC STREET (UNIMPROVED) ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH, VIRGINIA, as shown on that plat entitled "RESUBDIVISION PLAT OF PROPERTY OF GEORGIA-PACIFIC CORPORATION (DB 1228/PG 498, DB 1228/PG 496 & DB 2127/PG 694) TO CLOSE EXISTING STREET RIGHT OF WAYS, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", prepared by T.E.S., Inc., designated as MAC STREET (50' R/W) and being more particularly described as beginning at the point of intersection of the southern right-of-way line of 30 foot wide right-of-way known as Rouse Drive and the western right-of-way line of an unimproved 50 foot wide right-of-way known as Mac Street, thence south 19° 55' 00" East along the western right-of-way line of Mac Street a distance of 20 feet to the TRUE POINT OF BEGINNING, thence continuing south 19° 55' 00" East 355.82 feet along the western right-of-way line of Mac Street to the point of intersection with the northern right-of-way line of State Route 44; thence following the northern right-of-way line of State Route 44, in a southeasterly direction along the arc of a curve to the left with a radius of 3709.72 feet an arc distance of 80.53 feet to the point of its intersection with the eastern right-of-way line of MAC STREET; thence north 19° 55' 00" west 418.95 feet along the eastern right-of-way line of Mac Street to the point of its intersection with the southern right-of-way line of Rouse Drive; thence south 70° 05' west 50 feet to the TRUE POINT OF BEGINNING. LESS AND EXCEPT a Public Utility Easement depicted and described on said plat, which easement is hereby expressly reserved by the City of Virginia Beach for the purposes described in a Deed of Easements dated 1995 # between Georgia-Pacific Corporation and the City of Virginia Beach which is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach. 4270i - 4 - · O · 0 '0 0 · 0 GEORGIA- PACIFIC CORP. CLosur~ of Mac Street & Price Street Kempsville Borough SYKES, CARNES BOURDON & AHERN, P C ATI'ORNEYSATLAW DEED OF EASENENTS THIS DEED OF EASEMENTS, made this 31st day of May , 1995 by and between GEORGIA-PACIFIC CORPORATION, hereinafter called the Grantor, party of the first part, and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, hereinafter called the Grantee, party of the second part. W I TNE~SETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable considerations, the receipt of which is acknowledged, the Grantor does hereby sell, assign, transfer, grant and convey, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, perpetual, variable width utility easements to the Grantee, its agents, assigns and successors to construct, reconstruct, alter, operate and maintain utility facilities in, under, upon and across lands and property of the Grantor, including the right of ingress and egress to the same, as more particularly described as follows: ALL THOSE certain pieces or parcels of land situate, lying and being in the City of Virginia Beach, Virginia, being designated by cross-hatching and described as "UTILITY EASEMENTS ... HEREBY DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA", as shown on that certain plat entitled "Resubdivision Plat of GPIN # 1467-92-6694 AND GPIN # 1467-92-0684 -- 1 -- SYKES. CARNES BOURDON & AHERN. P C A'I-I'ORNEYS AT LAW Property of Georgia-Pacific Corporation (DB 1228/PG 498, DB 1228/PG 496 & DB 2127/PG 694) To Close Existing Street Right of Ways, Kempsville Borough, Virginia Beach, Virginia", said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book ~, Page __, to which reference is made for a more particular description. It being a part of the same property acquired by the party of the first part from , by Deed dated Deed Book , at Page of Virginia Beach, Virginia. , and recorded in , in the City It is agreed between the parties hereto that the Grantee, its agents, assigns and successors shall have the right to inspect the said easements and to cut and clean all undergrowth and remove other obstructions in and along the said easements or adjacent thereto that may in any way endanger or interfere with the proper use of the same, and to make use of the adjacent property for ingress and egress and for other activities necessary to construction, reconstruction, alteration, operation and maintenance of the said facilities. The Grantor and its agents, assigns and successors agree that when requested by the Grantee, it shall remove any fence(s), structure(s), landscaping, vehicle parking or other obstruction within forty-eight (48) hours of receipt of written notice requesting such removal. Except that in an emergency or failure to remove after written notice Grantee will remove, or - 2 - SYKES. CARNES. BOURDON & AHERN. P C A*lq'ORNEY~ AT LAW have removed by others, any impediment to access, maintenance or operation and Grantor agrees he is responsible for replacement of said fence(s), structure(s), landscaping, vehicle parking or other obstruction at its sole expense. The Grantor covenants and agrees for himself, his assigns and successors, that the consideration aforementioned shall be in lieu of any and all claims of compensation and damages - by reason of the location, construction, reconstruction, alteration or maintenance of the said facility. IN WITNESS WHEREOF, Georgia-Pacific Corporation has caused this Declaration of Easement to be executed pursuant to due ability. GEORGIA-PACIF~q2 CORPORATION By: o EAL ) Title: SYKES, CARNES BOURDON & AHERN, P C ATTORNEYS AT LAW STATE OF VIRGINIA CITY/~D4AW~ OF ~,~,~, '¢?-~¢[-- , to-wit: I, ~_/-~'_~>c~_~'~~~ 7~- , a Notary Public in and for the City and State aforesaid, do hereby certify that Mark F. Hobart , General Manaser for Georgia-Pacific Corporation, whose name is signed ~to the foregoing instrument bearing date on the ~/ day of ~,-/ , 1995, has acknowledged the same before me my City~nd State aforesaid. Givon under my hand day of 1995. ~otary Public My Commission Expires:lQ 5257i - 4 - - 34 - Item IV-K. 3. PUBLIC HEARING ITEM # 39345 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED FINAL APPROVAL: Ordinance re the discontinuance, closure and abandonment of a portion of Princess Anne Road upon application of the City of Virginia Beach: Petition for the discontinuance, closure and abandonment of a portion of Princess Anne Road beginning at a point 480 feet more or less North of Flanagans Lane and running in a Northerly direction to the Eastern boundary of Relocated Princess Anne Road. Said parcel is variable in width and contains 32,301 square feet. PRINCESS ANNE BOROUGH. 11-0 (By Consent) Council Members Voting Aye: John A Baum, Linwood O. Branch, III, Robert K. Dean, Wdliam W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS PRINCESS ANNE ROAD AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA," DATED FEBRUARY 2, 1995, ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, it appearing by affidavit that proper notice has been given by the City of Virginia Beach that it would make application to the Council of the City of Virginia Beach, Virginia, on March 7, 1995, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that 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: PARCEL B ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as beginning at a pin at the point of intersection of the eastern right of way line of Relocated Princess Anne Road and the northern right of way line of Flanagans Lane, thence following the eastern right of way line of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 219.45 feet to a pin at the TRUE POINT OF BEGINNING; thence north 77° 31' 55" east 67.55 feet to a pin; thence turning and running in a northerly direction along the western right of way line of what was formerly Princess Anne Road, along the arc of a curve with a radius of 413.90 feet an arc distance of 195.39 feet to a pin; thence north 44° 56' 56" west 43.05 feet to a pin; thence following the eastern right of way line of Relocated Princess Anne Road in a southerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 220.43 feet to the TRUE POINT OF BEGINNING, as shown on that certain plat entitled, RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 2, 1995," prepared by Hayes, Seay, Mattern and Mattern, Inc. GPIN: 2413-05-7831 & 2413-05-7730 PARCEL C ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the city of Virginia Beach, Virginia, and designated and described as beginning at a pin at the point of intersection of the eastern right of way line of Relocated Princess Anne Road and the northern right of way line of Flanagans Lane, thence following the eastern right of way of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 439.88 feet to a pin at the TRUE POINT OF BEGINNING; thence continuing along the eastern right of way of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 62.13 feet to a point; thence continuing along the eastern right of way line of Relocated Princess Anne Road north 24° 47' 46" west 20.96 feet to a pin; thence south 44° 56' 56" east 120.53 feet to a point; thence continuing in a southerly direction along the eastern right of way line of what was formerly Princess Anne Road along the arc of a curve with a radius of 443.90 feet an arc distance of 212.40 feet to a pin; thence south 77° 31' 55" west 30.13 feet to a pin; thence turning and running in a northerly direction along the western right of way line of what was formerly Princess Anne Road along the arc of a curve with a radius of 413.90 feet an arc distance of 195.39 feet to a pin; thence north 44° 55' 56" west 43.05 feet to a pin at the TRUE POINT OF BEGINNING, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 2, 1995," prepared by Hayes, Seay, Mattern and Mattern, Inc., which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach upon adoption of an Ordinance closing that portion of the former Princess Anne Road herein described. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's 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. Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of 3un~ , 1995. PRO~D AS TO CONTENT o~ o~ APPROVED AS TO LEGAL SUFFICIENCY Department of Lax~~/J -- I 13 ~ 0 Oo ~ Oo CITY OF VIRGINIA BEACH Closur~ of portion of Princess Anne Princess Anne Borough - / z LiJ v .1. / ~: ~'/: ~ / ~ ~ ,.~ - 35 - Item IV-K. 4. PUBLIC HEARING ITEM # 39346 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council GRANTED ADDITION.4L 180-DAY DEFERRAL, to 12 December 1995: Petition of EASTMAN ENTERPRISES, INC. for the discontinuance, closure and abandonment of a portion of Dam Neck Road: Application of Eastman Enterprises, Inc., for the discontinuance, closure and abandonment of a portion of Dam Neck Road located at the southwest intersection of Dam Neck Road and London Bridge Road. Said parcel contains 27, 799 square feet. PRINCESS ANNE BOROUGH. 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 - 36 - Item IV-KS. PUBLIC HEARING ITEM # 39347 PLANNING Stephen E. Steinhilber, 652 Thalia Road, Phone: 340-1156, represented himself Upon motion by Council Lady Strayhorn, seconded by Councilman Baum, City Council ADOPTED Resolution upon application of STEVE STEINHILBER for the enlargement of a nonconforming use at 652 Thalia Road re waiting area: Application of Steve Steinhilber for the enlargement of a nonconforming use on certain proeprty located at 652 Thalia Road. Said parcel contains 5.5 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The applicant shall submit a detatled plan of development and shall post all required bonds, prior to the issuance of a building permit. 2. Decking shall be constructed in accordance with approved specifications on file in the Department of Planning for residential Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 652 THALIA ROAD, IN THE BOROUGH OF KEMPSVILLE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, Steve Steinhilber has made application to the City Council for authorization to enlarge an existing restaurant located at 652 Thalia Road, in the Borough of Kempsville; and WHEREAS, such parcel is located in the R-20 Residential Zoning District; and WHEREAS, the said restaurant is a nonconforming use, in that restaurants are no longer permitted in the R-20 Zoning District; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of the aforesaid restaurant would be unlawful in the absence of a resolution of the City Council authorizing such enlargement upon a finding that the proposed use, as enlarged, is equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed restaurant, as enlarged, would be equally appropriate to the zoning district as the existing restaurant. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement of the aforesaid restaurant be, and hereby is, authorized, upon the following conditions: 1. The applicant shall submit a detailed plan of development, and shall post all required bonds, prior to the issuance of a building permit; and 30 31 32 2. Decking shall be constructed in accordance with approved specifications on file in the Department of Planning for residential decks in Chesapeake Bay Preservation Areas. 33 34 the Adopted by the Council of the City of Virginia Beach on ]~h day of 3une , 1995. 35 36 37 38 CA-95-5973 wmordres\steinhil.res R-1 5-23-95 APPROVED AS TO CONTENT Planning APPROVED AS TO LEGAL SUFFICIENCY ,- , // Dep~'~n~nt o{ Law ' ' ~, (, "" - 37 - Item IV-K. 6. PUBLIC HEARING ITEM # 39348 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED TWO WEEKS, to 27 June 1995: Resolution upon Apphcation of JAMES M. GRUSZECZKA for the conversion of a nonconforming use: Application of James M. Gruszeczka for the conversion of a nonconforming use on certain property located at 408 27th Street. Said parcel contains 7,000 square feet. VIRGINIA BEACH BOROUGh. Voting: 11-0 (By ConsenO Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy ~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 - 38 - Item IV-K. Z PUBLIC HEARING ITEM # 39349 PLANNING Jim Hogan, represented the developers of Church Point Associates Robert Kellam, Engineer Upon motion by Councilman Jones, seconded by Vice Mayor Sessorns, City Council APPROVED the Applications of CHURCH POINT ASSOCIATES, L.P. re the South &de of Church Point Road, 1400 feet more or less East of Greenwell Road (BAYSIDE BOROUGH): Variance to Section 4.4(d) of the Subdivision Ordtnance which requires the platting of lots without frontage on a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, subdivision for Church Point Associates, L P. Proeprty is located on the south side of Church Point Road, 1400 feet more or less east of Greenwell Road. BAYSIDE BOROUGtt. RECONSIDERATION OF CONDITIONS placed on the January 8, 1990, approved Conditional Use Permit for open space promotion. The reconsideration is for a reconfigured open space plan, which includes a swimming pool, clubhouse, tennis courts and other recreational amenities. The following conditions shall be required: The amount of open space provided in the submitted plan shall not be used to compensate for open space approved in the rest of Church Point. The proposed berm on the Southern side of the open space shall be at least four feet (4') in height and landscaped with Category IV plant material. All private roads must be tn accordance with City standards and be able to provide unhmited access and turning radius for large emergency service and delivery vehicles. An emergency by-pass must be installed at the gate entrance for emergency responding personnel This system must be easily recognizable. ,,1 disclosure statement shall be required with the sales contract, notifying the prospective buyers that the streets are prtvate roads and that maintenance of the road ts the responsibility of the homeowner's associatton and that certain public services, includmg but not limited to. refuse pickup, mail delivery and school bus service, will not be provided on the street 6. No lighted sports activtty will be allowed. June 13, 1995 - 39 - Item IV-K, Z PUBLIC HEARING ITEM # 39349 (Continued) PLANNING Voting: 9-0 Council Members Voting Aye: John .4. Baum, Linwood 0 Branch, III, Robert I~ Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaimng: William W. Harrison, Jr Council Members Absent: Louisa M. Strayhorn Councilman Harrison ABSTAINED as hts law firm represents Church Point Associates. June 13, 1995 PUBLIC HEARING ITEM # 3935O PLANNING The following spoke in SUPPORT: Bruce Gallup, represented the applicant Grace Bright, the applicant The following registered in OPPOSITION: Robert Simon, 4698 Hanover Court, Phone: 495-8566, represented the adjacent property owners (Capps). Upon motion by Council Lady Henley, seconded by Vice Mayor Sessorns, City Council APPROVED the application of BRIGHT FAMILY TRUST for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all newly created lots meet all requirements of the City Zoning Ordinance. Appeal form Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinnace, Subdivision for Bright Family Trust. Property is located at the southwest extremity of Landing Road. -, ,-',,--,,,~,?,, -,',,',-',,,--,u: PUNGO BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 - 41 - Item IV-K~9. PUBLIC HEARING ITEM it 39351 PLANNING Sylvester Nichols, 6011 Edgelake Drive, Phone: 523, 43651, the applicant Upon motion by Council Lady Strayhorn, seconded by Council Lady Parker, City Council ADOPTED the Application of SYLVESTER NICHOLS for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all newly created lots have direct access to a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Sylvester Nichols. Property is located on the north stde of General Street on Lot 6, Newlight. KEMPSVILLE BOROUGH. The following conditions shall be requzred: Only one single-family home may be constructed on the site. A note is required on the final plat limiting development to a single-family home 2. A private utility easement must be dedicated for access to public utilities. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E Oberndo~ Nancy K Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 Item IV-K. iO PUBLIC HEARING ITEM # 39352 PLANNING Letter dated June 13, 1995, from Attorney R.J. Nutter, Il, requesting DEFERRAL of the application is hereby made a part of the record. Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council DEFERRED TWO WEEKS, to 27 June 1995: Application of DEVELOPMENT OPTIONS, INC., for Conditional Changes of Zoning District Classification to B-2 Community Business District (KEMPSVILLE BOROUGH): ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTIONS, INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD TO B-2 Ordinance upon application of Development Options, Inc., for a Conchtional Change of Zoning District Classification from R-5D Residential Duplex District to B-2 Community Business District at the northwest intersection of Lynnhaven Parkway and Princess Anne Road. The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single faintly use in accordance with other plan policies. Said parcel contains 20.30 acres. KEMPSVILLE BOROUGH. AND, ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTIONS, INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO B-2 Ordinance upon apphcation of Development Options, Inc, for a Conditional Change of Zoning Distrtct Classification from I-1 Light Industrial District to B-2 Community Business District on the southwest side of Princess Anne Road beginning at a point 290 feet more or less northwest of Lynnhaven Parkway. The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for industrial use in accordance with other Plan policies. Said parcel is located at 4233 Princess Anne Road and contains 23.44 acres. KEMPSVILLE BOROUGH. June 13, 1995 Item II/-l~ 10 PUBLIC HEARING ITEM # 39352 (Continued) PLANNING l/otin g : 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., HaroM Hetschober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 Item IV-K. 11 PUBLIC HEARING ITEM# 39353 PLANNING Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED the Application of STEVEN I. FOX for a Change of Zoning District Classification ORDINANCE UPON APPLICATION OF STEVEN L FOX FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 to R-5D Z06951451 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Steven L Fox for a Change of Zoning District Classification from A- 12 Apartment District to R- 5D Residential Duplex District on the southwest corner of 24th Street and Mediterranean Avenue. The proposed zoning classification change to R-5D is for residential duplex land use on lots no less than 5,000 square feet for single family and lots no less than 10,000 square feet for duplexes. The Comprehensive Plan recommends use of this parcel for resort activity use in accordance with other Plan pohcies. Satd parcel is located at 600 24th Street and contains 11,440 square feet. VIRGINIA BEACH BOROUGH. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Ntneteen Hundred and Ninety-Five. 11-0 (By ConsenO Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Vottng Nay: None Council Members Absent: None June 13, 1995 Item IV-tel2 PUBLIC HEARING ITEM # 39354 PLANNING Richard Doumar represented the applicant Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of THE HAPPY CRAB, INC. for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF THE HAPPY CRAB, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 to RT-3 Z06951452 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Happy Crab, Inc. for a Change of Zoning District Classtficatton from A-12 Apartment District to RT-3 Resort Tourist District on property located 150 feet more or less north of Laskin Road beginning at a pomt 650 feet west of Holly Road. The proposed zoning classification use of this parcel is for urban medium Iow density restdential at densities that are compatible wtth multi-family use in accordance wtth other Plan policies. Said parcel is located at 550 Laskin Road and contains 21,000 square feet. VIRGINIA BEACH BOROUGH. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Nineteen Hundred and Ninety-Five. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Nancy K. Parker Council Members Absent: None June 13, 1995 Item 1V-K. 13 PUBLIC HEARING ITEM # 39355 PLANNING Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of MILLER OIL CO., INC. for a Conditional Use Permit: ORDINANCE UPONAPPLICATION OF MILLER OIL COMPANy, INC., FOR A CONDITIONAL USE PERMIT FOR A CARWASH R06951964 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Miller Oil Co., Inc. for a Conditional Use Permit for a carwash on certain property located at the southwest corner of Jericho Road and Independence Boulevard. Said parcel is located at 62 7 Independence Boulevard and contains 37,897 square feet. BA YSIDE BOROUGH. The following conditions shall be required: . A four-foot (4') wooden fence will be installed along Minute Men Road in the landscape buffer. The landscape materials will be planted on the street side of the fence. 2. The carwash facility will have a solid wall on the South side facing the residence. 3. No outside lights will be directed toward the West or South sides of the residential area. 4. The daily hours of operation of the carwash will be limited to 7AM to 10 PM. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Nineteen Hundred and Nine~-Five. June 13, 1995 - 47 - Item 1V-I~13 PUBLIC HEARING ITEM # 39355 (Continued) PLANNING Voting: 11-0 (By Consent) Council Members Vottng Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent. None June 13, 1995 Item IV-K. 14 PUBLIC HEARING ITEM # 39356 PLANNING Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of JAMAT, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JAMAT, INC. CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE FA CILITY R06951965 FOR A REPAIR BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JAMAT, Inc., for a Conchtional Use Permit for an automotive repair facihty at the southwest corner of Independence Boulevard and Tuhp Road. Said parcel is located at 1613 Independence Boulevard and contains 21,780 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. There will be no outside storage of auto spare parts. . 5. A ten-foot (10') planttng bed landscaped in accordance with the "Parking Lot and Foundation Landscaping Spectfications and Standards" shall be provtded along Independence Boulevard and Tuhp Drive. Only one curb-cut shall be allowed on Independence Boulevard as shown on the site plan. All other curb-cuts on Independence Boulevard shall be closed prior to the issuance of an occupancy permit. A Category IV landscape buffer shall be established on the Southern side of the property. The logo and yellow background may only cover the pediment on the front portion of the building. An eighteen inch (18") strip may continue around the building under the roof eave. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of V~rginia Beach, Virginia, on the Thirteenth of June, Nineteen Hundred and Nine~_ -Five. June 13, 1995 - 49 - Item 1V-IC14 PUBLIC HEARING ITEM # 39356 (Continued) PLANNING 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones. Mayor Meyera E. Oberndo~ Nancy Ic2 Parker, Vice Mayor Wilham D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Counctl Members Absent: None June 13, 1995 Item IV-K15 PUBLIC HEARING ITEM # 39357 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of GOLFORMA, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GOLFORMA, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE R06951966 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Golforma, Inc. for a Conditional Use Permit for a recreational facility of an outdoor nature (golf driving range, mini-golf & game room) on the east side of South Military Highway, north of Providence Road. Said parcel is located at 920 South Military Highway and contains 18.5 acres. KEMSPVILLE BOROUGH. The following conditions shall be required; , Site improvements shall be in accordance with the submitted plan entitled "Preliminary Site Plan and Exhibit to Conditional Use Permit Apphcation for Budding Addition at Indian River Golforama" dated 3 April 1995. 2. Buil&ng improvements shall be in accordance with the submitted rendering entitled "Preliminary Elevations Golf-O- Rama Indian River", dated 18 April 1995. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Counctl of the City of Virginia Beach, Virginia, on the Thirteenth of June, Nineteen Hundred and Nine~_ -Five. 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent. None June 13, 1995 - 51 - Item IV-K. 16 PUBLIC HEARING ITEM # 39358 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of MICHAEL WAYNE CLIFTON a Conditional Use Permit for a bulk storage facility (automobiles.): ORDINANCE UPON APPLICATION OF MICHAEL WAYNE CLIFTON FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE FACILITY (AUTOMOBILES) R0695196 7 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Michael Wayne Clifton for a Conditional Use Permit for a bulk storage facihty (automobiles) on the east side of South Mihtary Highway, 560 feet more or less north of Alexandra Avenue. Said parcel is located at 748 & 656 South Military Highway and contains 40,000 square feet KEMSPVILLE BOROUGH. The following conditions shall be required: It is understood that the applicant intends to petition the Board of Zoning Appeals for a variance to the Category VI screening requirement. If the petition is not approved, the required Category VI screemng must be installed. 2. The storage area is limtted to the area as depicted on the submitted physical survey 3. The existing privacy fence must remain. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Ntneteen Hundred and Nine~_ -Five. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober. Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 13, 1995 - 52 - Item IV-L APPOINTMENTS ITEM # 39359 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CBPA - CHESAPEAKE BAY PRESERVATION AREA BOARD HRPDC -HAMPTON ROADS PLANNING DISTRICT COMMISSION RAAC - RESORT AREA ADVISORY COUNCIL SOCIAL SERVICES BOARD TCC- TIDEWATER COMMUNITY COLLEGE June 13, 1995 Item IV-N.I.a. NEW BUSINESS ITEM # 39360 COUNCIL-SPONSORED ITEMS Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Resolution to request the Congress of the United States continue funding the Federal Impact Aid re benefit of children of military and civilian- military personnel/famihes. (Sponsored by Mayor Meyera E. Oberndorf) Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: Linwood O. Branch, III June 13, 1995 Requested by Mayor Meyera E. Oberndorf A RESOLUTION REQUESTING CONGRESS TO CONTINUE FEDERAL IMPACT AID FUNDING 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the United States Government has recognized, for many decades, its role in funding educational facilities and services for the benefit of the children of military and civilian military personnel/families providing financial assistance to localities in the form of Federal Impact Aid ("Impact Aid"); WHEREAS, 26,863 students in the Virginia Beach School System are from families of active military or civilian military personnel; WHEREAS, in all of Hampton Roads, there are an estimated 72,238 students for which the region's municipalities receive Impact Aid; WHEREAS, Impact Aid to the City of Virginia Beach has averaged over $10 million a year for the past five (5) years; WHEREAS, Congress is now proposing to reduce or eliminate the amount of Impact Aid to be provided to localities; WHEREAS, the reduction or elimination of this source of federal assistance would be unfair to localities with a large military presence, such as Virginia Beach, who are prohibited from imposing certain taxes on military and civilian military personnel, but must continue to provide their children access, at no cost, to local tax-supported educational facilities and services; and WHEREAS, the reduction or elimination of Impact Aid would essentially amount to an unfunded mandate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Congress of the United States is hereby requested to maintain Federal Impact Aid at its current funding level with no change in the distribution formula; and 31 32 33 34 35 36 37 BE IN FURTHER RESOLVED: That the City Clerk is hereby directed to deliver a certified copy of this Resolution to Senators Charles R. Robb and John W. Warner, and to Congressmen Herbert H. Bateman, Owen B. Pickett, and Norman Sisisky. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of June , 1995. 38 39 40 41 CA-5982 ORDIN\NONCODE\ IMPACTAID. RES R-1 PREPARED: 06/06/95 Item IV-N. 1. b NEW BUSINESS ITEM # 39361 COUNCIL-SPONSORED ITEMS The following spoke in SUPPORT of the Ordinance: T. Jack Bagby, 1212 Worthington Lane, Phone: 474-0470, student - Mrs. Stamm's 7th Grade Class at Kempsville Middle School. Aisha Dharamsi, student - Mrs. Stamm's 7th Grade Class at Kempsville Middle School Dr. L. D. Britt, Chairman - American College of Surgeons, Committee on Trauma - Eastern Virginia Medical/Sentara Norfolk General Hospital Dr. Glenn Charles Snyders. 844 First Colonial Road, Phone; 491-0444, represented the Tidewater Pediatric Society Dennis Watson, 908 Rio Bravo Bend, Phone: 721-0449 Michael Ashe, 729 Vanderbilt Avenue Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 7 of the Code of the City of Virginia Beach by ADDING Section 7-63 re bicycle helmets. (Sponsored by Council Members Loutsa M. Strayhorn and William W. Harrison, Jr.) Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, lffce Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining. Linwood O. Branch. III Council Members Absent: None Councilman Branch ABSTAINED as he is a one-third owner ora bike rental business on the oceanfront. This Ordinance involves bike rental businesses. THIS ITEM WAS MOVED FORWARD PRIOR TO THE PLANNING ITEMS. June 13, 1995 Requested by Councilmembers William W. Harrison, Jr. and Louisa M. Strayhorn AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 7 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING SECTION 7-63 PERTAINING TO BICYCLE HELMETS 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 That Chapter 7 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding a new Section 7-63 to read as follows: Section 7-63. Helmets required for bicycle riders fourteen years of age and younger. (a) Every person fourteen (14) years of age or younger shall be required to wear a protective helmet which meets the standards promulgated by the American National Standards Institute or the Snell Memorial Foundation whenever riding or being carried on a bicycle on any highway, street, sidewalk or bicycle path. (b) Any person engaged in the business of bicycle rentals shall post, in a clear and conspicuous manner, a sign setting forth the requirements of subsection (a) and, when renting a bicycle for use by any person fourteen (14) years of age or younger, shall make available, at reasonable cost, a protective helmet meeting the standards set forth herein. (c) Violation of any provision of this section shall be punishable by fine of twenty-five dollars. However, with respect to any person riding or being carried on a bicycle, such fine shall be suspended (i) for first-time violators and (ii) for any violator who, subsequent to the violation but prior to imposition of the fine, purchases a helmet of the type required by this section. (d) Pursuant to section 46.2-906.1 of the Code of Virginia, as amended, violation of subsection (a) shall not constitute negligence, assumption of risk, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, nor shall 39 40 anything in this section change any existing law, rule, or procedure pertaininq to any civil action. 41 This Ordinance shall be effective July 1, 1995. 42 43 this Adopted by the City Council of the City of Virginia Beach on 13 day of 3une 1995. 44 45 46 47 CA-5957 DATA/ORDIN/PROPOSED/HELMET. ORD MAY 31, 1995 R6 APPROVED AS TO LEGAL SUFFICIENCY Item IV-N.I.c NEW BUSINESS ITEM # 39362 COUNCIL-SPONSORED ITEMS ADD-ON Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council AGREED TO ADD to the Formal Session under NEW BUSINESS. Resolution requesting the Commonwealth Transportation Board re-designate Interstate 1-664 and Route 44 as 1-64 to the Oceanfront; 1-64 as 1-864 in Hampton to Route 44 in Norfolk; and, 1-64/1-864 Loop as the Hampton Roads Beltway (Option No. 4). Voting: 10-0 Council Members Vottng Aye: John A. Baum, Robert K. Dean, William Nd. Harrison, Jr., Harold tteischober, Barbara M. Henley, Louts R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III June 13, 1995 Ltem IV-N. 1. c NEW BUSINESS ITEM # 39363 COUNCIL-SPONSORED ITEMS ADD -ON Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED: Resolution requesting the Commonwealth Transportation Board re-designate Interstate 1-664 and Route 44 as 1-64 to the Oceanfront; 1-64 as 1-864 in Hampton to Route 44 in Norfolk, and, 1-64/1-864 Loop as the Hampton Roads Beltway (Option No. 4). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay' None Council Members Absent: None June 13, 1995 RESOLUTION REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD TO IMPLEMENT OPTION 4 OF THE TRIP DIVERSION RECOMMENDATIONS PROPOSED BY THE HAMPTON ROADS CROSSING STUDY WHEREAS, the Federal Government, through the Intermodal Surface Transportation Efficiency Act (ISTEA), provided funding to examine alternatives to the Hampton Roads Bridge Tunnel; and WHEREAS, these alternatives are needed because the Hampton Roads Bridge Tunnel (HRBT) routinely carries one-hundred thousand cars a day, which is well in excess of its capacity; and WHEREAS, the Monitor Merrimac Memorial Bridge Tunnel (MMMBT) has provided little alleviation of the congestion on the HRBT; and WHEREAS, Michael Baker, Jr. Inc., has been conducting the Hampton Roads Crossing Study for the last two years; and WHEREAS, the Study has recommended interim reductions in congestion at the HRBT through Trip Diversion, by long distance regional and local signing changes; and WHEREAS, of the four resigning options included in the Study, Option 4 would provide a near term reduction in traffic at the Hampton Roads Bridge Tunnel of at least 10% and would also provide for better utilization of the MMMBT and generally assist in economic development of the region and, specifically, tourism. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the Commonwealth Transportation Board adopt and implement, as soon as possible, Option 4 of the Study, which would redesignate 1-664 and Route 44 as 1-64 to the Oceanfront and would redesignate 1-64 as 1-864 from 1-664 in Hampton to Route 44 in Norfolk and designate the 1-64/I-864 Loop as the Hampton Roads Beltway. BE IT FURTHER RESOLVED that this option is recommended because it would establish one interstate route number for long distance trips, redirect future long distance trips to the Oceanfront through the MMMBT, clearly route future long distance trips to the Outer Banks through the MMMBT, establish the proposed Hampton Roads Beltway as an interstate system, and perhaps, most importantly, divert regional and local trips during congested periods at the HRBT. BE IT FURTHER RESOLVED that Secretary of Transportation Martinez and the General Assembly Delegation from the area be provided with a copy of this resolution and that they support the implementation of Option 4 by Labor Day 1995. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 dayof June ,1995. Requested by Councilmembers Louis Jones and Harold Heischoeber - 57 - Item IY-N.I.d NEW BUSINESS ITEM # 39364 COUNCIL-SPONSORED ITEMS ADD -ON Vice Mayor Sessoms distributed information relative City Council Appointees and will have additional information concerning a Market Survey Report, which compares the City's Appointees with others across the Country. Vice Mayor Sessoms advised a SPECIAL FORMAL/EXECUTIVE SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 20, 1995, at 4:00 P.M., re Annual Evaluation of City Council Appointees. June 13, 1995 - 58 - Item IV-O. ADJOURNMENT ITEM # 39365 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:35 P.M.. Hooks, CMC Chief Deputy City Clerk ~ CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 13, 1995