JULY 8, 1997 MINUTESCity o£ Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF.
VICE MAYOR WILLIAM D SF..SSOMS. JR. At-L~le
JOHN A BAUM. BI, dn~te~ Bomulh
LINWOOD 0 BRANCH III V,~,n,a Beach
WILLIAM g/ HARRISON JR. Ly,~k.,t~ Borough
HAROLD HEiSCHOBER. Al
BARBARA M HENLEY. Pungo Somak
LOUIS R ]ONF~. Bays~e
REBA S McC. LANAN. Pnr. cess An,e
NANCY K PARKER.
LOUISA M STRAYHORN. K~psmlle Borough
JAMES K SPORE, C,~
LES/dE L L/LLEY. C,ty
RUTH HODGES SMrTH. CMC ! AAE. Ctty
CITY COUNCIL AGENDA
JULY 8, 1997
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 23456-9005
(757l 4~7-4303
I. BRIEFINGS
- Conference Room -
Ae
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
Hans Gant, President
S .
FALSE CAPE LODGE PROCESS RECOMMENDATION
Donald L. Maxwell, Director, Economic Development
11:00 AM
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV.
INFORMAL' SESSION
- Conference Room -
Ae
Be
CALL TO ORDER - Mayor Meyera E. Oberndorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
12:00 PM
Ve
FORMAL SESSION
- Council Chamber -
2:00 PM
Ae
Be
C ·
CALL TO ORDER - Mayor Meyera E. Oberndorf
INVOCATION: The Reverend Jerry Holcomb
Kings Grant Baptist Church
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 & FORMAl, SESSIONS
July 1, 1997
H ·
AGENDA FOR FORMAL SESSION
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.
PRE$£NTA TION
"SMALL BUSINESS OF THE YEAR": THE MERIDIAN GROUP
Joseph Takach, Chief Executive Officer- Meridian
Richard Gearheart, Director of Account Services - Meridian
Brooke McKee, Manager Program Development -
Hampton Roads Chamber of Commerce
Je
PUBLIC HEARING
1. LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS
Ke
ORDINANCES
I ·
Ordinance to ACCEPT and APPROPRIATE a $267,839 Grant to the
Police Department's FY 1997-1998 Operating Budget from the
Federal Bureau of Justice Assistance; TRANSFER $29,760 from
the General Fund Reserve for Contingencies as the City's
required match, re crime reduction and public safety
improvement; and, increase estimated revenue accordingly.
.
Ordinance to APPROPRIATE $421,174 from Aetna Fire and Casualty
Company to Princess Anne High School Repair and Expansion in
the FY 1997-1998 Capital Budget (CIP #1-199); and, increase
estimated revenues accordingly.
·
Ordinance to ACCEPT and APPROPRIATE $396,000 to the Public
Works Department's FY 1997-1998 Operating Budget from the
Virginia Department of Transportation (VDOT) re installation
of twenty (20) and purchase of two (2) variable message signs
·
Ordinance to TRANSFER $150,000 from the FY 1996-1997 Marine
Science Museum Fund Reserve for Contingencies to the Marine
Science Museum Operating Budget re replenishment of Gift Shop
inventory due to high sales volume.
·
Ordinance to TRANSFER $85,000 from the FY 1996-1997 General
Fund Reserve for Contingencies to the Treasurer's FY 1996-1997
Operating Budget to provide necessary funding re purchase of
cigarette tax stamps and increased cost of postage associated
with additional billing and tax notifications.
·
Ordinance to AMEND Chapter 24 of the Code of the City of
Virginia Beach re fees and policies for the use of the City's
Parks Recreational facilities and equipment.
·
Ordinances to authorize temporary encroachments:
a .
A portion of the City's existing 36' drainage easement at
1772 Lagare Lane by Eric T. and Brenda L. Dell re
construction of an inground swimming pool.
b·
A portion of the City's right-of-way at 5412 Keystone
Place to Robyn S Browder re construction and maintenance
of a bulkhead.
·
Ordinance to appoint viewers in the petition of Charley
Bradley for the closure of a portion of Broad Bay Drive,
between Lots 6 and 20, in Broad Bay Colony (LYNNHAVEN
BOROUGH) .
~
Ordinances to authorize acquisition of property in fee simple:
a ·
Right-of-way for Elbow Road Extended - Phase I (CIP 2-
006.00), (from the existing intersection of Salem and
Elbow Roads to the Newcastle Elementary School site),
including temporary and permanent easements of right-of-
way, by agreement or condemnation.
be
Great Neck Road - Phase IV/London Bridge Road - Phase III
(CIP 2-137) and London Bridge Road - Phase II
(CIP 2-140):
(1) Location and design features of the proposed
project (Public Hearing conducted 4 December 1996);
acquire all rights-of-way necessary with
certification to VDOT ; and, authorize all
necessary utility and other easement agreements.
10. Ordinance to authorize the City Manager execute and enter into
all TPC Project documents, in substantially the same form as
the proposed documents on file in the Office of the City
Clerk, re the TPC Golf Facility at Lake Ridge.
11. Ordinances re annual compensation for City Council Appointees:
a .
b.
c ·
d.
City Manager
City Attorney
City Real Estate Assessor
City Clerk
12. Resolution to state the support of the Virginia Beach City
Council for further study of and need for funding options for
a Third Crossing of Hampton Roads; recommend approval of the
Major Investment Study (MIS), conditioned upon the expectation
of at least Si-Billion in federal funds; and, endorse no local
sales or gas tax as funding mechanisms. (Sponsored by
Councilman Louis R. Jones)
13. Authorize:
a. License Refunds:
b. Tax Refunds:
$13,350.46
$ 3,835.03
Be
PUBLIC HEARING - PLANNING
2:30 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
i ,,
Petition of EDMUND C. RUFFIN/BQTS ASSOCIATES, L.P., A Virginia
Limited PartnershiD, for the discontinuance, closure and
abandonment of a fifteen-foot (15')-alley between 6th and 7th
Streets beginning at the Eastern boundary of Pacific Avenue
and running Easterly to the Western boundary of Atlantic
Avenue adjacent to Lots 1-6 and Lots 7-12, Block 6, Plat of
The Ocean Lot Investment Company, containing 4,101 square feet
(VIRGINIA BEACH BOROUGH).
Deferred for Compliance:
14 January 1997
Recommendation: FINAL APPROVAL
·
·
.
·
·
Ordinances re discontinuance, .c!.osure and abandonment in the
Petition of R. LEWIS BOG~S (VIRGINIA BEACH BOROUGH):
a ·
Parcel 1: Alleyway located between 29th and 30th Streets
beginnin9 at the Western Boundary of Arctic Avenue and
running in a Westerly direction to the Eastern boundary
of Holly Road
b ·
Parcel 2: Alleyway located 140.15 feet North of 27th
Street beginning at the Eastern boundary of Holly Road
and runnin9 49.93 feet in an Easterly direction (Parcels
1 and 2 contain 6,086.45 square feet).
Deferred for Compliance: 9 January 1996
Additional 180-Day Deferral: 9 July 1996
Additional 180-Day Deferral: 14 January 1997
Recommendation: ADDITIONAL 180-DA¥ DEFERRAL
Ordinance re discontinuance,, cl~ure and abandonment of
Potters Road beginning at the Southeast intersection of
Potters Road and Wesley Drive, running in an Easterly
direction 270 feet, more or less, in the Petition of POTTERS
ROAD INVESTMENT GROUP, containing 6,577.56 square feet
(LYNNHAVEN BOROUGH).
Deferred for Compliance: 9 July 1996
Additional 180-Day Deferral: 4 January 1997
Recommendation: ADDITIONAL 180-DA¥ DEFERRAL
Petition of BAYVILLE FARMS ASSOCIATES, L.C. for the
discontinuance, closure and abandonment of a portion of First
Court Road, beginning at the Southern boundary of Shore Drive
and running 1165.07 feet in a Southwesterly direc6ion,
containing 1.42 acres (BAYSIDE BOROUGH).
Recommendation:
APPROVAL
Petition of THE R~DE CORPORATION for the discontinuance,
closure and abandonment of the following streets, containing
1.385 acres (LYNNHAVEN BOROUGH):
a ·
Pine Street: Beginning at the Southern boundary of
Fourth Street and running 457.03 feet in a Southerly
direction to the Northern boundary of South Boulevard.
b .
Poplar Street: Beginning at the Southern boundary of
Fourth Street and running 456.99 feet in 'a Southerly
direction to the Northern boundary of South Boulevard
Recommendation:
APPROVAL
Applications of WILLIAMS HOLDING CORPORATION, a Virginia
Corporation, on the West side of Seaboard Road, 1400 feet more
or less North of County Place (PRINCESS ANNE BOROUGH):
a. Variances
Section 4.4(b) of the Subdivision Ordinance - all lots
created by subdivision meet all requirements of the City
Zoning Ordinance
Section 4.1(m) (1) (b) - 30-foot pavement width for minor
residential streets
Sections 5.5(a) and (b) - installation of curbs, gutters
and storm drains
b ·
Chanqe of Zoninq District Classification from AG-1 and
AG-2 Aqricultural Districts to Conditional R-30
Residential District, containing 47.251 acres.
Recommendation: APPROVAL
·
Applications of HERON RIDGE GOLF CLUB, L.C., 1400 feet more or
less West of Seaboard Road, 600 feet Southeast of Bernadotte
Street (PRINCESS ANNE BOROUGH):
a. Variances
Section 4.1(m) (1) (b) - 30-foot pavement width for minor
residential streets
Sections 5.5(a) and (b) - installation of curbs, gutters
and storm drains
.
.
b .
Change of Zoning District Classification from AG-1 and
AG-2 Agricultural Districts to Conditional R-20
Residential District, containing 69.16 acres.
Recommendation:
APPROVAL
Application of the CITY OF VIRGINIA BEACH for a Conditional
Use Permit for a recreational facility of an outdoor nature
(golf course) on the Southwest side of Seaboard Road,
beginning 3500 feet more or less Northwest of Princess Anne
Road, containing 283 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
Application of CONTRACTORS PAVING COMPANY, INC. for a Change
of Zoning District Classification from O-1 Office District to
Conditional I-2 Heavy Industrial District between Avenue E and
Rodriguez Drive, beginning 300 feet more or less South of
Bonney Road and running in a Southerly direction to the
Northern boundary of the Virginia Beach-Norfolk Expressway,
containing 9.02 acres (LYNNHAVEN BOROUGH).
Staff Recommendation:
DENIAL
Planning Commission
Recommendation:
APPROVAL
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. ABSTRACT OF LEGAL CASES RESOLVED - JUNE 1997
O. AD JOURIN~4~ITT
* * * * * * * * *
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)
* * * * * * * * *
07/03/97cmd
AGENDA\ 07 - 08 - 97. PLN
www. virginia-beach, va. us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 8, 1997
Mayor Meyera E. Oberndorf called to order the BRIEFINGS in the Council Conference Room, Ctty Hall
Butldtng, on Tuesday, July 8, 1997, at 11.00 A.M
Counctl Members Present'
John A. Baum, Ltnwood O. Branch, III, Barbara M Henley, Louts R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
Vice Mayor William D. Sessoms, Jr
Willtam ~. Harrison
Harold Heischober
[ENTERED' 11 '35 A.M]
[ENTERED' 11 '10 A.M.]
[ENTERED 11' 15 A.M ]
Louisa M Strayhorn [ENTERED' 11 '53 A M.]
-2-
CITY COUNCIL BRIEFINGS
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
11:00 A.M.
ITEM # 42363
Hans Gant, President - Hampton Roads Economic Development Alliance (formerly Forward Hampton
Roads), introduced John P. Matson, Chatrman of the Board The Alliance officially became a reality tn
May 1997, when all of the South Hampton Roads Munictpalities adopted their FY 1997/1998 Operating
Budgets Included withtn the respective budgets was the dollar per capita funding allocation for the
Alliance. The private sector has committed to approximately $6-MILLION over the next five years to fund
thts Alliance. It is expected the munictpal investments for the next five years to be approximately $5-
MILLION. Mr Gant realized each one of the municipalities must evaluate and vote on this funding on
an annual basis as they cannot, by law, make a five-year commitment.
The goals are:
Aggressively market the Hampton Roads Region, both nationally and
internationally, for industries, businesses and companies that have been
targeted for the Hampton Roads region.
Recruit the types of companies which assist in improving the tax base
of the communities and improve the quality of life.
Recruit the types of companies which close the gap in the per capita
income between this region and the national average.
After the City ADOPTED thetr 1997-1998 Budget this May, Mayor Oberndorf advised HREDA the
funding allocation for the Alliance could not be released unttl the Prospect Handling Procedures was
presented to the Ctty Counctl.
The five municipahties ' Economtc Development Directors and their key staff members with the Alltance
Staff conducted a Strategic Planning Retreat in June. In this retreat, three primary tssues were discussed:
Alliance's 199 7 Priorities and Projects
Target Industries & Companies Identification Study
Development of Prospect Handling Procedures'
Mr Gant distributed informatton relative the 1997 Priorities & Projects, the $10-MILLION Capital
Campaign Brochure and the DRAFT Prospect Handling Procedures. This informatwn ts hereby made
a part of the record As soon as the Alliance identtfies a quahfiedprospect and the Alliance isfamtliar
with the location and project criteria, the staff will notify, in writing, the Director of each of the Economic
Development Departments and/or thetr designated staff member(s) of the prospect and the prospect's
requirements. A file number will be assigned If the prospect approves the release of the Company name,
this will be done. Prtor to the initial visit of the prospect to the Hampton Roads Region, the Alliance wtll
complete a customer economic development and business analysis, a real estate stte selectton study and
any other information which the prospect may request. During a visit to the region, the Alliance will
coordinate a structured itinerary comprised of real estate tours, private meetings with business
representatives and local mumcipal and economic development leaders, as well as executives from recently
relocated companies. All of thts will be done in cooperatton and coordination with each of the Economtc
Development Department Directors and their respecttve staffs. Once the prospect nottfies the Alliance of
its intent to visit the Region, the Alliance staff wtll again, in writing, nottfy the Economtc Development
Director and/or their staff member(s). This written notice will outline what the prospect wishes to
accomplish and see during their visit. The Alliance staff will also act as a supporter (or coach) providing
whatever guidance is necessary to each one of the Muntcipalities Economtc Development staffs to assure
that the best possible response to the prospect is put forth by each of the Municipahties. The Alliance will
not el,ninate or (short list) any Municipality or site. This will be the decision of the prospect or the
Municipahty
July 8, 1997
-3-
CITY COUNCIL BRIEFINGS
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
ITEM # 42363 (Continued)
Immechately followtng the prospect's visit, the Alliance staff, will communicate, tn writtng, to all
Municipalittes any decisions, comments or additional information requested by the prospect. Ifa parttcular
Municipahty or stte has been eliminated, the Alliance staff will attempt to ascertain the reason for thts
ehmination, discuss this wtth the individual Municipality and determine if anything can be done to
overcome the prospect's objectton. The Alliance staff, will also involve the private sector in the process
of marketing and promoting the region. The individual Municipal Economic Development Departments
will also do this to help promote their individual sites or cities The selection of these private sector firms,
or individuals involved in the process, will be coordinated with each of the Municipal Economtc
Development Departments If there is the appearance of a visible vested interest on the part of a private
sector firm or individual, that firm or inchvtdual will not be involved in the prospect's visits or activities.
Once the prospect has short hsted one of the Hampton Roads muntcipahties (or sites) and that site is
competing wtth sites in other Regions or States, those Hampton Roads muntcipahttes not on the short list
have agreed to asstst the Alliance and the short listed munictpality in the efffort to recrutt that company
to the region. It is at this point that the short hsted municipality in the Region takes the lead role with
the prospect. The Alliance takes on a supporter role.
Donald Maxwell, Director of Economtc Development, advised progress is betng made Another Retreat
is scheduled The real key is if one City is the tdeal chotce, the other cities should assist in bringing the
industry to that particular City. The municipalittes should be supporting each other.
Mr Gant advised a consultant would be hired this month to develop a Target Industries & Companies
Identification Study The process will entail approximately four to five months and the cost will be
approxtmately $100,000. There will be five full-ttme personnel who "hit the road" and contact compames
in Europe, Asia, South Amertca and throughout the United States to generate tnterest in the Hampton
Roads region Altogether, the staff will comprise approximately twelve (12) full-ttme personnel The target
is to create 20,000 new jobs over five years The lower end of the salary scale would be approximately
$11.50 or $11.75 per hour. The second goal ts to create $1.2 to $1.5-BILLION in new capttal investments,
significantly tncreasing the tax base. The thtrd goal is the most difficult closing the per capita gap
between this region and the national average The Hampton Roads Region per capita income is
approximately 11-1/2 to 12 points below the national average. A I-point increase in the per capita
income for Hampton Roads ts equivalent to $300-MILLION per year in addittonal consumer spenchng
for the region
Mr. Gant advised it has been suggested that a report be presented every 6 months to each of the Member
Ctty Councils.
July 8, 1997
-4-
CITY COUNCIL BRIEFINGS
FALSE CAPE LODGE PROCESS RECOMMENDATION
11:30 A.M.
ITEM # 42364
Donald Maxwell, Director of Economic Development, advised on June 10, 1997, Mr. Roger Newtll,
representing the Resort Area Advisory Commission, and Wtlham J. Callntn, Managing Dtrector- Cayuga
Hospitality Advtsors, presented information relative the False Cape Lodge. Donald Maxwell advised
Cayuga Hospitality Advisors estimated the initial cost to be $75,000 which includes:
$40,000
2,500
32,000
$75,000
Consultant Fees
Consulting Expenses
Request for Proposal Submissions
The staff has reviewed, and believes, they should not move forward with paying for a response to request
for proposals; therefore, the proposal recommended is to fund $42,500 ($40, O00 for the Study and $2,500
for expenses). The staff does feel comfortable in thetrpreliminary informatton received from Cayuga. The
total cost of development would be approximately $20-MILLION. The proposed Lodge would provide a
good asset to the community and perhaps a detriment to a higher intensity type of development $42,500
ts avadable from the TGIF Reserve for Contingencies.
Mr Callnin advised Cayuga Hospitality Advisors is named after the Lake near the School of Hotel
Admtnsttration at Cornell University. Cyauga is the world's largest network of executives counseling the
hotel resort, club, casino and food service industries. Each of their 200 members is a graduate, or
member, of the faculty of the Cornell School of Hotel Administration, or one of the very few elected
members of the Cornell Society of Hotelmen. The typical member has enjoyed an average of 25 to 35
years of hands-on hospitality experience. Approximately 'half of the members are acttvely involved tn
consulting in the hospitality industries The remainder are full time in their careers as corporate
executives, entrepreneurs or as educators. The particular indivtduals recommended for the Study are
William Callnin - Market Study and Financial ProJections, Professor Richard H Penner - Facilities and
Engineertng Department - Cornell Hotel School; and, Richard L. Erb - General Manager Cayuga
Hospitality Advisors
Mr. Maxwell advised out of the top 24 resorts, 90% are affiliated with Cayuga. They possess financial
expertise tn provtchng recommendations on the land swaps or other forms of leasing for the proposed
property At the present time, there ts a good market for financing the hotel tndustry, which was not the
case over the last ten to twelve years. The length of time this window of opportunity is open ts an
unknown. Therefore, we should move forward with this if the opportuntty ts there. As far as the expertise
of City Staff, Economic Development has never worked on rooms which approxtmate $250 per night. Any
subsequent development would be private and involve land swaps with the City. It ts apparent that a land
swap will be required between the Ctty and private land owner (Doug Wilktns) to accommodate the
intended development Staff has met with the property owner who agrees to not market the property during
the study pertod. Subsequently, a Rtght-of-Ftrst-Refusal can be executed between the two parties The price
is to be considered during the Study. Staff is aware it will entail a Multi-Mtllion dollar cost. There ts no
condition that locks in any prtce at thts potnt.
E. Dean Block, Director of Management Services, advised that in the Capital Improvement Program,
TGIF Reserve for Contingencies, there is a balance and tf City Council gives permission these funds are
available and do not requtre an addttional appropriation action These are funds which were approprtated
approxtmately two years ago for studies CIP 9-280 would be the project. If City Council destres, the
appropriation shall be SCHEDULED for a formal vote.
The intent is the City would swap Little Island Park One of the conditions agreed upon is the beaches
and park access will remain open. These items will be written into the agreement.
Counctl Members expressed concern that the funds advanced by the Ctty for the RFP search be repaid
to the TGIF fund The City should not pay commissions to the property owner.
July 8, 1997
-5-
CITY COUNCIL BRIEFINGS
FALSE CAPE LODGE PROCESS RECOMMENDATION
ITEM # 42364 (Continued)
This Lodge would appeal to visitors with significant funds to expend The City Manager advtsed the
actual contract and study is gotng to be conducted by the Development Authortty The funding wtll be
provided by the Ctty Mr Newill and Cayuga have provided services gratis to assist in arriving at this
parttcular potnt This actual selection will be made by the Development Authority, not the City Council
The princtpal office of Cayuga ts 200 80th Street. It is an international firm Mr Callnin has worked out
of his home for the past twenty-five years with the utilizatton of a good airport connection, computers,
modem and fax
BY CONSENSUS, the City Manager shall SCHEDULE a proposal relative this expenditure for City
Council's vote on August 5, 1997, with an agreement encompassing the parameters of City Council's
concerns
July 8, 1997
-6-
AGENDA RE VIEW SESSION
12:12 P.M.
ITEM # 42365
Councd Lady McClanan expressed concern relattve the followtng
K 3 Ordinance to ACCEPT and APPROPRIATE $396,000 to the
Public Works Department's FY 1997-1998 Operating Budget
from the Virginia Department of Transportation (VDOT) re
installatton of twenty (20) and purchase of two (2) variable
message signs
Councd Lady McClanan wtll dtstrtbute to Members of City Council a letter expressing her concerns.
ITEM # 42366
Counctlman Branch congratulated the Virginia Marine Science Museum on the fantastic amount of sales
tn their gift shop
K. 4 0rdmance to TRANSFER $150,000 from the FY 1996-1997
Virginia Marine Science Museum Fund Reserve for
Contingencies to the Martne Science Museum Operattng Budget
re replentshment of Gift Shop inventory due to high sales
volume
Mayor Oberndorf advtsed she was at the Marine Science Museum the other day spealang relative
tourism Former Senator Spong admtred the Museum tremendously. People were tn line all the way
around to the parktng lot waiting to enter.
ITEM # 42367
Counctl Lady Henley inqutred how a temporary encroachment can be approved for an inground
swimming pooL
K7a Ordtnances to authortze temporary encroachment into a portion of the
Ctty's extsttng 36' dratnage easement at 1772 Lagare Lane by Eric T.
and Brenda L. Dell re constructton of an inground swimming pool.
The City Manager advised if there was a flood the waters would spill past this easement and would
probably fill this pool with mud, but the pool would not obstruct the flow of the water. It was on thts basts
that the Public Works staff made thetr recommendation
James C Lawson, Real Estate, advised Brenda Dell has a lot that fronts on Lagare and the drainage
easement is on her stde lot hne. Her lot slopes off shortly toward this ditch. Her house sets back on the
lot; therefore, she has very httle back yard The erosion on her side lot line is the reason she wants to
place thts stabilization bulkhead fence type sttuation, which would allow her some room to install the pool
Council Lady Parker inquired if excavation were required tn this drainage easement, ts there any way the
City might be held responsible for the shifttng or setthng of the pool. The Ctty Manager advtsed this is
part of the agreement and the Ctty would not be held responsible.
July 8, 1997
-7-
AGENDA RE VIEW SESSION
ITEM # 42368
Council Lady Parker advised she was under the impression the $3.5 MILLION the Ctty was to provide
to the VBDA was to be uttlized for offsite improvements, but upon reading the agreement, tt appeared
these funds could also be used for on-site tmprovements. The term drainage improvements was uttltzed
KIO
Or&nance to authorize the City Manager execute and enter into
all TPC Project documents, in substantially the same form as
the proposed documents on file in the Office of the City Clerk,
re the TPC Golf Facility at Lake Ridge.
Assistant City Attorney Michael Nuckols advised the actual Exhibit which explains exactly the off-site and
drainage improvements, has not been developed Anything which appears on the list has to have a public
purpose of serving the development. The documents have to be developed which Hmits what the $3.5-
MILLION expenditure will encompass Council Lady Henley referenced Article III 3.1 of the Agreement
"The VBDA shall remit promptly to the City any excess funds disbursed to the VBDA by the City after
design and construction of the Off site and Drainage Improvements have been completed and other
monetary obhgattons of the VBDA under the Development Agreement have been satisfied." Thts statement
seems to confltct. Mr Nuckols advised there must be "fine tuning" of the documents. The Ordinance will
gtve the City Manager the authorizatton to sign the documents in substantial concurrance with what has
been submttted and in comphance wtH be his understanding of Counctl directton.
Counctlman Harrison advtsed the TPC's rent is a calculated return on the City's investment of $3.$-
MILLION. The City would not be able to receive the rent unless the City invests $3.$-MILLION. It is
simple mathematics. TPC's rent is a calculated return based on the Ctty's investment.
Counctl Lady Henley expressed concerns relative the sublease when it defines taxes "In no event shall
Taxes be construed to include any federal or state tax (including without limitation, any state sales tax)
collected by the City for the account of another tax authority (except as to any portion of any federal or
state tax ulttmately retained by the City, directly or indirectly)".
Mr. Nuckols advtsed this statement in parenthesis referred to the State sales tax where it ts paid tn one
lump sum and then the City gets to keep a portion Patricia Phillips, Director of Finance, advised this
language was instilled in the event such a tax was created. She believed it was more of a contingency that
TPC wishes tncluded tn the event should such a tax ever be created There may never be such a tax. Mr.
Suchols advtsed this was the exact same language used tn the amphitheater lease
ITEM # 42369
Council Lady Parker referenced:
K12
Resolution to state the support of the Virginia Beach City Council for
further study of and need for funding options for a Third Crossing of
Hampton Roads; recommend approval of the Major Investment Study
(MIS), conditioned upon the expectation of at least SI-Billion in federal
funds; and, endorse no local sales or gas tax as funding mechanisms.
(Sponsored by Councdman Louts R. Jones)
Councdman Jones advised the Resolution reflects the City Council's support of further study and need for
funding options for a Third Crossing and of the options proposed on the Major Investment Study.,
Options 3 and 9 most fully meet the purpose and need. Councilman Jones will be reflecting a preference
for Option 9 when he attends the meetmg, as same has been recommended by City Staff. Counctl Lady
Strayhorn had concerns relattve stating support of the project. $1-1/2 to $3-BILLION is a considerable
amount of funding without further study Councilman Jones does not wish a gasoline tax or local sales
tax as funding mechanisms on this project. Councilman Jones said he will also make it clearly
understood that 460 is equally important to the City as the Third Crossing and wishes a Major
Investment Study performed on this route.
July 8, 1997
-8-
AGENDA RE VIEW SESSION
ITEM # 423 70
Council Lady McClanan wtshed to voted separately on Item 11
Kl l Ordinances re annual compensation for City Council Appointees:
a Ctty Manager
b. Ctty Attorney
Co
City Real Estate Assessor
d. C~ty Clerk
ITEM # 42371
BY CONSENSUS, the following ttems shall compose the CONSENT AGENDA'
K1
Or&nance to A CCEPTand APPROPRIA TEa $267,839 Grant
to the Police Department's FY 1997-1998 Operatmg Budget
from the Federal Bureau of Justice Assistance; TRANSFER
$29, 760 from the General Fund Reserve for Contingencies as
the City's requtred match, re crime reduction and public safety
improvement, and, increase estimated revenue accordingly.
K2
Ordinance to APPROPRIATE $421,174 from Aetna Fire and
Casualty Company to Princess Anne High School Repair and
Expansion tn the FY 1997-1998 Capital Budget (CIP #1-199),
and, tncrease estimated revenues accordtngly.
K. 4
Ordtnance to TRANSFER $150,000 from the FY 1996-1997
Virginia Marine Science Museum Fund Reserve for
Conttngenctes to the Martne Science Museum Operating Budget
re replenishment of Gift Shop tnventory due Io high sales
volume
K. 5
Ordinance to TRANSFER $85,000 from the FY 1996-1997
General Fund Reserve for Conttngencies to the Treasurer's FY
1996-1997 Operattng Budget to provtde necessary fundtng re
purchase of cigarette tax stamps and tncreased cost of postage
assoctated wtth addtttonal bilhng and tax nottfications.
K 60rdtnance to AMEND Chapter 24 of the Code of the City of
Vtrginta Beach re fees and policies for the use of the City's
Parks Recreational facilities and equipment
K. 7 Ordinances to authorize temporary encroachments:
ao
A portion of the City's existtng 36' drainage easement at 1772
Lagare Lane by Eric T. and Brenda L. Dell re construction of
an inground swimming pool
A portton of the Ctty's rtght-of-way at 5412 Keystone Place to
Robyn S Browder re construction and maintenance of a
bulkhead
July 8, 1997
-9-
AGENDA RE VIEW SESSION
ITEM # 42371 (Continued)
K 8 Ordinance to appoint viewers in the petition of Charley Bradley
for the closure of a portion of Broad Bay Drive, between Lots
6 and 20, in Broad Bay Colony (LYNNHA VENBOROUGH)
K 9 Ordinances to authorize acquisition of property in fee simple'
Right-of-way for Elbow Road Extended - Phase I (CIP 2-
006.00), (from the existing intersection of Salem and Elbow
Roads to the Newcastle Elementary School site), including
temporary and permanent easements of right-of-way, by
agreement or condemnatton.
Great Neck Road - Phase IV~London Bridge Road - Phase III
(CIP 2-13 7) and London Bridge Road - Phase II
(CIP 2-140)'
Location and design features of the proposed project (Pubhc
Hearing conducted 4 December 1996), acqutre all rights-of-
way necessary with certtfication to VDOT ; and, authorize all
necessary utdity and other easement agreements.
KIO
Ordinance to authortze the City Manager execute and enter into
all TPC Project documents, in substantially the same form as
the proposed documents on file in the Office of the City Clerk,
re the TPC Golf Facility at Lake Ridge.
Kll
K13
Resolutton to state the support of the Virginia Beach City
Council for further study of and need for funding options for a
Third Crossing of Hampton Roads; recommend approval of
the Major Investment Study (MIS), conditioned upon the
expectation of at least SI-Billion tn federal funds, and, endorse
no local sales or gas tax as fundmg mechamsms. (Sponsored
by Councilman Louis R Jones)
·
Authorize
a License Refunds: $13,350.46
b. Tax Refunds. $ 3,835.03
July 8, 1997
- I0-
AGENDA RE VIEW SESSION
ITEM # 42372
Counctlman Harrison inquired why the application was still under the name of Boggs since he had retired
and has no interest in the land, as same has been sold to Harris-Teeter.
L. 2
b.
Ordinances re discontinuance, closure and abandonment in the
Petition of R. LEWIS B OGGS (VIRGINIA BEACH
BOROUGH)'
Parcel 1: Alleyway located between 29th and 30th Streets
beginning at the Western Boundary of Arctic Avenue and
running in a Westerly direction to the Eastern boundary of
Holly Road
Parcel 2: Alleyway located 140.15 feet North of 2 7th Street
beginmng at the Eastern boundary of Holly Road and running
49 93 feet in an Easterly direction (Parcels 1 and 2 contain
6,086. 45 square feeO
Assistant City Attorney David Hay advised the origtnal petition name was Boggs and the name cannot be
changed.
ITEM # 42373
Councilman Jones advtsed this applicatton needs to be discussed during the Formal Session to clarify
conditions.
L 4 Petitton of BA YVILLE FARMS ASSOCIATES, L.C. for the
discontinuance, closure and abandonment ora portton of First
Court Road, beginning at the Southern boundary of Shore
Drive and running 1165 07 feet in a Southwesterly direction,
contaimng ]. 42 acres (BA YSIDE BOROUGH)
ITEM # 423 74
Vice Mayor Sessoms inquired relative the 180-DA Y ADDITIONAL DEFERRAL, as the applicant had
advised more time is needed to process the excess property request, but all work has been completed and
this Street Closure shouM be ready for final approval by Ctty Council in August.
L 3 Ordinance re discontinuance, closure and abandonment of
Potters Road beginning at the Southeast intersection of Potters
Road and Wesley Drive, running in an Easterly direction 270
feet, more or less, tn the Petitton of POTTERS ROAD
INVESTMENT GROUP, containing 6,577.56 square feet
(L YNNHA VEN B OR O UGH)
This application can come forward to City Council prior to the lapse of the 180 days.
July 8, 1997
-11-
AGENDA RE VIEW SESSION
ITEM # 42375
Council Lady Henley referenced the proposed golf course, whtch relates to Item 6, 7 and 8, and whether
a contract had been developed with relation to the fees, lease etc. Patricia Phillips, Director of Finance,
advised a DRAFT is available for review. The City Manager advised the structure of the agreement is
essentially the same as the one adopted wtth BRASSIE two years ago Mr Scott advised there wdl be a
cost participation agreement with the developer and the City relative the straightening of Seaboard Road.
Council Lady Henley advtsed the land is being provided by the City and she is interested tn the lease
arrangement. The Ctty Manager advised the land use issues will be determined during this City Council
Session and the actual agreement wdl be SCHEDULED for a future City Council Session. Construction
on the golf course will not commence until an agreement and lease have been approved
This lease should be SCHEDULED for the City Counctl Session of August 5, 1997
L. 6 Applications of WILLIAMS HOLDING CORPORATION, a
Virgtnia Corporation, on the West side of Seaboard Road, 1400
feet more or less North of County Place (PRINCESS ANNE
BOROUGH).
a. Variances
Section 4.4(b) of the Sub&vision Ordinance - all lots created
by subdivision meet all requirements of the City Zontng
Or&nance
Sectton 4 l(m)(1)(b) - 30-foot pavement width for minor
residential streets
Sections 5.5(a) and (b) - installation of curbs, gutters and storm
drains
L. 7
L. 8
Change of Zomng Distrtct Classification from AG-1 and AG-2
Agricultural Dtstricts to Conditional R-30 Residential District,
containing 47 251 acres
Applicattons of HERONRIDGE GOLF CLUB, L.C., 1400feet
more or less West of Seaboard Road, 600 feet Southeast of
Bernadotte Street (PRINCESS ANNE BOROUGH)
Variances
Section 4.1(m)(1)(b) - 30-foot pavement width for mtnor
residential streets
Secttons 5 5(a) and (b) -installatton of curbs, gutters and storm
drains
Change of Zoning Distrtct Classification from AG-1 and AG-2
Agricultural Distrtcts to Conditional R-20 Residential Dtstrict,
contaimng 69 16 acres.
Application of the CITY OF VIRGINIA BEACH for a
Condittonal Use Permit. for a recreattonal factli_ty of an outdoor
nature (golf course) on the Southwest side of Seaboard Road,
begtnning 3500 feet more or less Northwest of Princess Anne
Road, containing 283 acres (PRINCESS ANNE BOROUGH)
July 8, 1997
- 12-
AGENDA RE VIEW SESSION
ITEM # 423 76
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
L. 1
Petition of EDMUND C. R UFFIN/BQTS ASSOCIA TES, L.P.,
A Virginta Limited Partnership, for the dtscontmuance, closure
and abandonment of a fifteen-foot (15 ')-alley between 6th and
7th Streets begtnmng at the Eastern boundary of Pactftc Avenue
and running Easterly to the Western boundary of Atlantic
Avenue adjacent to Lots 1-6 and Lots 7-12, Block 6, Plat of
The Ocean Lot Investment Company, containing 4,101 square
feet (VIRGINIA BEACH BOROUGH).
L.2
Ordinances re discontinuance, closure and abandonment in the
Petttion of R. LEWIS BOGGS (VIRGINIA BEACH
BOROUGH)
Parcel 1 Alleyway located between 29th and 30th Streets
begmmng at the Western Boundary of Arcttc Avenue and
runnmg tn a Westerly dtrection to the Eastern boundary of
Holly Road
Parcel 2: Alleyway located 140 15 feet North of 27th Street
beginning at the Eastern boundary of Holly Road and running
49.93 feet tn an Easterly direction (Parcels 1 and 2 contain
6, 086 45 square feeO.
L3
Ordtnance re dtsconttnuance, closure and abandonment of
Potters Road beginning at the Southeast intersection of Potters
Road and Wesley Drtve, running tn an Easterly direction 270
feet, more or less, tn the Petttton of POTTERS ROAD
INVESTMENT GROUP, contatnmg 6,577 56 square feet
(L YNNHA VEN BOROUGH)
L. 5
Petition of THE RUNNYMEDE CORPORATION for the
discontinuance, closure and abandonment of the following
streets, containing 1 385 acres (L YNNHA VEN BOROUGH).
Ptne Street Beginning at the Southern boundary of Fourth
Street and runntng 457 03 feet in a Southerly dtrectton to the
Northern boundary of South Boulevard.
Poplar Street' Beginmng at the Southern boundary of Fourth
Street and runntng 456 99feet tn a Southerly dtrection to the
Northern boundary of South Boulevard
L6
Apphcations of WILLIAMS HOLDING CORPORA TION, a
Virginta Corporation, on the West side of Seaboard Road, 1400
feet more or less North of County Place (PRINCESS ANNE
BOROUGH)
a. Vartances
Section 4.4(b) of the Subdivision Ordinance - all lots created
by subdivision meet all requtrements of the City Zoning
Ordinance
Section 4 l(m)(1)(b) - 30-foot pavement width for minor
residential streets
Sections 5. 5(a) and (b) - installation of curbs, gutters and storm
drains
July 8, 1997
- 13-
AGENDA RE VIEW SESSION
ITEM # 423 76 (Continued)
bo
Change of Zoning District Classificatton from AG-I and AG-2
Agricultural Districts to Conditional R-30 Residential District,
containing 4 7.251 acres
L. 7 Applications of HERONRIDGE GOLF CLUB, L.C., 1400feet
more or less West of Seaboard Road, 600 feet Southeast of
Bernadotte Street (PRINCESS ANNE BOROUGH):
a. Variances
Section 4. l (m)(1)(b) - 30-foot pavement width for minor residential streets
Sections 5. 5(a) and (b) - installation of curbs, gutters and storm drains
bo
Change of Zomng District Classtficatton from AG-1 and AG-2
Agrtcultural Districts to Conditional R-20 Residential Dtstrtct,
contatning 69 16 acres.
L. 8 Application of the CITY OF VIRGINIA BEACH for a
Con&ttonal Use Permtt for a recreational facility of an outdoor
nature Ogolf course) on the Southwest stde of Seaboard Road,
beginmng 3500 feet more or less Northwest of Prmcess Anne
Road, contatmng 283 acres (PRINCESS ANNE BOROUGH).
Item V-L.2. will be AUTHORIZED for an ADDITIONAL 180-DAY DEFERRAL (January 27, 1998)
B Y CONSENT.
Item V-L 3 wtll be AUTHORIZED for an ADDITIONAL 180-DAY DEFERRAL (January 27, 1998)
B Y CONSENT.
Counctl Lady Parker wtll ABSTAIN on Item V-L. 7, as her daughter, has ridden horses on this property
for many years
July 8, 1997
- 14-
CITY COUNCIL CONCERNS
12:48 P.M.
ITEM tt 42377
Mayor Oberndorf referenced a telephone call from a gentleman whose wife had become ill at the Tina
Turner performance at the Amphitheater. He received very quick response from both the City Staff and
the Volunteer Emergency Medical Team
Mayor Oberndorf also referenced complimentary correspondence from Mrs Bartel, whose son has a
hearing depredation. Although, they were not aware of his attendance, when they were advised the staff
responded to his needs immedtately and went to extraordinary measures to assure his accommodatton and
enjoyment of the performance.
ITEM # 42378
Council Lady Henley wtshed to remind Council, Stajf and citizens of the public meetings scheduled re the
COMPREHENSIVE PLAN.
Tuesday July 8, 199 7
Wednesday July 9, 1997
Thursday July 10, 199 7
Cooke Elementary School
Kellam High School
Shelton Park Elementary School
These are Open Houses with pubhc input sessions between 7:00 and 9:00 P.M.
The Planntng Commtsston PUBLIC HEARING wtll be on Monday, August 11, 1997, at 6 O0 P M in the
City Counctl Chamber.
Council Lady Strayhorn wished to follow up regarding Council Lady Henley's comment regarding the
Comprehensive Plan. The Planning staff wtll be attending the meeting at Kellam. Planning Staff will also
attend Council Lady Strayhorn's Town Meeting on July 9, 1997, at Green Run High School (7.'00 to 9. O0
PM.)
·
ITEM il 423 79
Councilman Jones referenced concerns of citizens relative a pending Planmng apphcation at Newtown
Road. The basis of the majortty of the telephone calls has been a concern relative the effect of the traffic
on the community Councilman Jones requested when this item comes before City Council, t. f Messrs Scott
or Herzke could provided a presentation prtor to same relative the traffic control through the community.
Mr Scott advtsed this particularproposal should lessen traffic impact. There is a proffer by the apphcant
which should address this concern The traffic engtneer will have to take a close look regardtng
stgnahzation, stop signs, no rtght turns, etc, whatever ts appropriate.
Spectfically the citizens contacttng Councilman Jones are requesting if there is someway the traffic can
be restricted flowtng through thetr community to reach this site.
ITEM il 42380
Counctlman Branch extended appreciation to Mayor Oberndorf, Council Members Strayhorn and
Hetschober, regardtng Chesapeake agreeing on the Southeastern Parkway and Greenbelt. The Council
is aware of Chesapeake's position previously and his "hat is off' to those individuals and the staff for
thetr hard work. This is a regtonal intttattve movtng forward Counctlman Heischober advised Mayor
Ward has been very gracious. Mayor Oberndorf advised she still has concerns relative this project.
July 8, 1997
- 15-
CITY COUNCIL CONCERNS
ITEM # 42381
Counctl Lady McClanan referenced the Thirtieth Street property and the date of the briefing to City
Council relative status of negotiations.
The City Manager advised a team comprised of Don Maxwell, Oral Lambert, Dean Block and Gary
Fentress wtll negotiate with the firm selected. This will probably entail two or three months. During thts
procedure, RAAC, cttizens and other interested organztations will be tnvolved relative the concepts for
the destgn of the park. This negotiating team will brtngforward a DRAFTAgreement to the Development
Authority, which they can accept or reject.
ITEM # 42382
Council Lady Parker referenced correspondence from Matthew Brown - Brewer's East Inn dated June
25, 1997, relattve the location of the Juvenile Detention Center. The staff is addressing this issue Mr.
Block has met with the tndivtduals involved in the Courthouse Coalition
Mr. Dean Block advised there will be further discussions with Mr. Brown, they have assured him the
Juvenile Detention Center will be significantly buffered.
The Ctty Manager advtsed this will be a very race facility and when drtvtng by, tt will not be posstble to
determtne this is a correctional facility.
July 8, 1997
-16-
ITEM # 42383
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY
COUNCIL in the Ctty Council Conference Room, City Hall Building, on Tuesday, July 8, 1997, at 12 52
NOON.
Council Members Present:
John A Baum, Ltnwood O. Branch, III, William W. Harrison, Jr, Harold
Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker and Vtce Mayor Wilham
D Sessoms, Jr
Council Members Absent.
Louisa M Strayhorn
July 8, 1997
-17-
ITEM # 42384
Mayor Meyera E. Oberndorf entertained a motton 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' Dtscussion or constderation of or intervtews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appmntees, or employees pursuant to Secaon
2 1-344 (A) (1)
To Wtt:
Appotntments- Boards and Commissions'
Arts and Humamties Commission
Virgtma Beach Health Services Advisory Board
Performance Evaluation'
City Councd Appotntees (City Manager, Ctty Attorney
Real Estate Assessor and Ctty Clerk)
PUBLICLY-HELD PROPERTY. Dtscussion or constderation of the
condition, acquisition, or use of real property for public purpose, or of
the &sposition of publicly-held property, or of plans for the future of an
tnsatuaon which couM affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2 1-344(A)(3).
To- Wtt:
Lynnhaven Borough
PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a
prospective announcement has been made of the bustness' or industry's
interest in locattng in the commumty pursuant to Section 2.1-344(A)(5).
LEGAL MA TTERS' Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
htigation, or other spectfic legal matters requesting the provtsion of legal
advice by counsel pursuant to Section 2 1-344(A)(7)
To-Wit'
Thompson Grading Company, Inc. v
City of Virgtnia Beach
City of Norfolk, et als v. City of Suffolk
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed tnto
EXECUTIVE SESSION.
July 8, 1997
- 18-
ITEM # 42384 (Continued)
Voting. 10-0
Councd Members Voting Aye
John A Baum, Ltnwood 0 Branch, III, William W. Harrtson, Jr, Harold
Hetschober, Barbara M Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker and Vice Mayor Wtlham
D Sessoms, Jr.
Counctl Members Vottng Nay'
None
Council Members Absent.
Loutsa M. Strayhorn
July 8, 1997
- 19-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
July 8, 1997
2:30 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Councd Chamber, City Hall Building, on Tuesday, July 8, 1997, at 2 30 P.M
Councd Members Present:
John A Baum, Linwood O. Branch, III, Wtlliam W. Harrison, Jr, Harold
Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan,
Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wilham D
Sessoms, Jr. and Louisa M Strayhorn
Council Members Absent.
None
INVOCATION:
The Revered Jerry Holcomb
Kings Grant Bapttst Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Central Fidehty Bank, ABSTAINED on Item L.9
(Contractor's Pavtng Company, Inc ) and disclosed there were no other matters on the agenda tn which
he has a "personal tnterest", as defined tn the Act, either individually or in his capacity as an officer of
Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of
the Bank's tnterest tn any apphcatton that may come before Ctty Counctl. Vice Mayor Sessoms' letter of
January 1, 1997, ts hereby made a part of the record
July 8, 1997
- 20 -
Item V-E.
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 42385
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Heischober, City Councd CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meeting
requirements by Vtrgtnia law were discussed in Executive Session to
which this certification resolution apphes,
AND,
Only such pubhc business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Vtrgtnia Beach City Council
Voting 10-0
Council Members Voting Aye:
John A Baum, Ltnwood 0 Branch, IIL Wtlham W. Harrtson, Jr, Harold
Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan,
Mayor Meyera E Oberndo~ Vice Mayor Wtlham D. Sessoms, Jr. and
Louisa M. Strayhorn ·
Council Members Vottng Nay.
None
Council Members Absent
Nancy K Parker
July 8, 1997
Beso u on
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 # 42384 Page No. 17 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 C!ty 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) o.nly such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Ru'th Hodges S~ith, C~IVIC/AAE
City Clerk
July 8, 1997
- 21 -
Item V-F 1
MINUTES
ITEM # 42386
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of July 1, 1997.
Voting' 10-0
Council Members Voting Aye:
John A Baum, Ltnwood O. Branch, III, Harold Heischober, Barbara M
Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf
Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr. and Loutsa M
Strayhorn
Counctl Members Voting Nay:
None
Council Members Abstaining.
Wilham W. Harrtson, Jr
Counctl Members Absent:
None
Councdman Harrtson ABSTAINED as he was not in attendance during the City Council Session of July
1, 1997.
July 8, 1997
- 22 -
Item V-G 1
ADOPT A GENDA
FOR FORMAL SESSION
ITEM # 42387
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
July 8, 1997
- 23 -
Item V-I. 1.
PRESENTATION
ITEM # 42388
Mayor Oberndorf PRESENTED:
"SMALL BUSINESS OF THE YEAR": THE MERIDIAN GROUP
Joseph Takach, Chief Executive Officer- Men&an, Richard Gearheart, Director of Account Servtces -
Merichan; and Brooke McKee, Manager Program Development - Hampton Roads Chamber of Commerce
ACCEPTED the recognition and gifi from the Mayor
The company was recogntzed by the Hampton Roads Chamber of Commerce and the Small Business
Development Center for their achievements at the recently concluded 1997 Small Business of the Year
Quality Awards Luncheon June 11, 1997.
July 8, 1997
- 24 -
Item V-J. 1.
PUBLIC HEARING
ITEM # 42389
Mayor Oberndorf DECLARED,4 PUBLIC HEARING:
LOCAL L,4 W ENFORCEMENT BLOCK GRANT FUNDS
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HE,4RING.
July 8, 1997
- 25 -
Item V-K.
ORDINANCES
ITEM # 42390
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Counctl APPROVED BY
CONSENT in ONE MOTION Ordtnances 1, 2, 4, 5, 6, 7, 8, 9, 1 O, 11, 12 and 13
Voting: 10-0
Counctl Members Vottng Aye
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold
Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan*,
Mayor Meyera E. Oberndorf Nancy K. Parker and Vice Mayor Wtlliam
D. Sessoms, Jr
Councd Members Voting Nay'
None
Counctl Members Absent:
Loutsa M. Strayhorn
*Councilman McClanan voted a VERBAL NAY on Item l l.a
July 8, 1997
- 26-
Item V-K. 1
ORDINANCES
ITEM # 42391
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE a $267,839 Grant to the
Police Department's FY 1997-1998 Operating Budget from the Federal
Bureau of Justice Assistance; TRANSFER $29, 760 from the General
Fund Reserve for Contingencies as the City's required match, re crime
reduction and public safety improvement; and, tncrease estimated
revenue accordtngly.
Voting'
10-0 (By ConsenO
Council Members Voting Aye:
John A Baum, Linwood 0 Branch, III, Wtlliam IV. Harrison, Jr, Harold
Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor Wtlliam
D Sessoms, Jr.
Counctl Members Vottng Nay
None
Council Members Absent'
Louisa M Strayhorn
July 8, 1997
AN ORDINANCE TO ACCEPT AND APPROPRIATE
A GRANT IN THE AMOUNT OF $ 267,839 FROM
THE FEDERAL BUREAU OF JUST I CE
ASSISTANCE AND TO TRANSFER FUNDS IN
THE AMOUNT OF $29,760 FROM THE GENERAL
FUND RESERVE FOR CONTINGENCIES FOR
GRANT MATCHES AS THE CITY'S REQUIRED
MATCH
WHEREAS, the City has been awarded a Local Law
10 Enforcement Block Grant in the amount of $267,839 from the Federal
11 Bureau of Justice Assistance to reduce crime and improve public
12 safety;
13
WHEREAS, the conditions of the grant require the City to
14 provide a cash match in the amount of $29,760; and
15
WHEREAS, the funds will be used to purchase and install
16 a video system to conduct magistrate's hearings, to purchase two
17 (2) "paddy wagon" vans in the Sheriff's Department, to purchase a
18 multimedia LCD projector and notebook computer to improve the
19 effectiveness of law enforcement instructors, and to fund a study
20 to determine the feasibility of establishing a drug court in the
21 City of Virginia Beach;
22
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24
1. That a grant in the amount of $267,839 is hereby
25 accepted from the Federal Bureau of Justice Assistance;
26
2. That of the total grant amount of $267,839, $195,839
27 is hereby appropriated to the Police Department's FY 1997-98
28 Operating Budget, and $72,000 is hereby appropriated to the
29 Sheriff's Department's FY 1997-98 Operating Budget, for the
30 purposes set forth herein;
31
3. That funds in the amount of $29,760 are hereby
32 transferred from the General Fund Reserve for Contingencies For
33 Grant Matches to the Police Department's FY 1997-98 Operating
34 Budget as the City's required match for receipt of the grant; and
35
4. That estimated revenue from the federal government
36 is hereby increased by $267,839.
37
Adopted by the Council of the City of Virginia Beach,
38 Virginia, on theSth day of 3uly
, 1997.
39
40
41
42
43
44
45
46
CA-6713
ORDIN\NONCODEk JUSTI CE. ORD
R-1
PREPARED: 06/25/97
APPROVF. D AS TO CONli::~',,.I$
SIC.,NATU R'~ ,_/~'""
DEPARTMENT
APPROVED AS TO LEGAL
. . City of Virginia Beach
~ DAT~: June 16, 1997
TO: Lee Hedberg
DEPARt: Mgr. Services
FROM:
Charles R. WallC ~
DEPARTMENT: Police
SUBJECT: Local Law Enforcement Block Grant
I would like to reco~nend that a portion of the grant funds available
through the Local Law Enforcement Block Grant be used to purchase and
install a closed circuit video system for conducting magistrate
hearings. The Police Department and Magistrate's Office have
discussed such a system for a number of years. It has been included
in the Police Department's operating budget request for at least the
last four years.
This system requires the installation of video equipment in the
Magistrate's Office located in the Municipal Complex and in one or two
remote police precinct facilities (the Third or Fourth Precincts).
Such a linkage would allow precinct patrol officers and detectives to
handle booking of minor offenders at the precinct building, rather
than traveling to the Magistrate's Office in the Municipal Center for
the magistrate's hearing and booking process. It will also assist
with probable cause hearings, search warrants, and subpoena requests.
A study conducted in 1989 suggested that if officers had the ability
to fully process arrested persons at the Third Precinct station, about
10 miles of officer travel could be saved per arrest, as well as about
thirty minutes of travel time avoided per arrest. About eight miles
of officer travel per arrest could be saved at the Fourth Precinct, as
well as about thirty minutes of travel time per arrest. Travel time
estimates are based on 1989 figures and may have increased due to
additional traffic congestion. There were 3,205 arrests made by Third
Precinct personnel in 1996 and 2,153 made by Fourth Precinct
personnel. While not all arrests would be handled through the closed
circuit system, a large proportion could be processed. Those arrests
which will require that the suspect be held in the correctional
facility, or need additional processing (such as driving under the
influence) would not be processed through the closed circuit system.
The Chief Magistrate could also provide insight into the potential use
of this system.
The City of Virginia Beach has emphasized the importance of
productivity and efficiency gains of personnel and processes for a
number of years. This system will provide increased productivity of
officers and magistrate personnel. Officers will return to their
patrol areas and be available for assignments much quicker. The
Magistrates Office has had extreme difficulty obtaining additional
magistrates. Such as system would provide efficiency gains in that
office.
The Police Department and Magistrates Office were provided an
estimate to purchase and install equipment in the Magistrates Office
and Third Precinct building in 1992. The cost totaled between
$150,000 and $200,000 depending on the type of setup. Additional
operating costs associated with the system were about $10,000 per year
for maintenance and line fees. The original vendor, Bell Atlantic, is
currently revising the estimate based on new technology. We fully
expect the costs to decrease. The estimate should be received during
the week of June 16.
Other cities within the state have implemented closed circuit booking
processes. We understand that these systems are providing the
efficiencies originally estimated. I would appreciate consideration
of this project by the Criminal Justice Board.
cc: Chief Magistrate Bobby Hill
Videoc~fe~mc~ Equlorn~t ~nd N,twork
¢ont'~Ocntlo~ & Price
fo~ Vlrgirda Beach Dspt. of Poflce
17,Aug-~2
Codec NEC Vlsu;link 5(XX) Model 20 V'KJeo Codec. 139,600 2 $ 79.
Includes: operatJo~ ;t data rates from 56 kb/t tx)
2.048 Mb/;, DES encrypdo~, picture-in-picture, two
Iow speed RS-232 data ports. 1 high-speed RS-449
data port, NEC proprietm'y video compression
elgorithm ~nd CCITT staz~lard algorithms, and T t
network i~terface. '
DSU/CSU Venlink ConnecT1 DSU/CSU
$2,250 2
Room Rendez-View 5510 Roll-about room system. $21,510 2 $43.
System Includes single-chip CCD camera with pan~'lt/zoom/
focus c~pab~T~y; one 27' co~ monitor, control
system w/t;ble-top cont~ p;nel; AEC-700 digital
echo cancellation sud'.~ system, telephone interface,
microphone, and far-end camer~ control.
Document NTSC document camera with ~.and
Camera
$3,96O 2
Fax Sharp 5000 plain paper fascimae machine $ 2,180 2
·
Shipping Shipping of Equipment to VTrginia Beach
Equipment Price
Install Turn-Key Instafiation. InckJdes project management, equipment t4,384 2
installation, cabru~g, and rfstem testing.
Mtce. One year service cmm'ac~ Irx:ludes parts amJ 2-4 hour rest. $1,020 1
Total Senri, ces Price
THC, on Leasing with $1.00 Buyout
24 Months
36 Month~
48 Monttts
60 Months
· 1 CIrcul~
One T1 I1.544 Mb/si circuit between the Municipal Center end
ff~ Third Precinct
Mon~h-~o-Mon~h ,~rvice
2.Year
3-Y~r
$.Year Conl~c~
tl,368 $721~
11,368
$1,368 $66r,
11,368
Con~r.~ & I~ic,
NEC V'm~ar~k 5000 Mo<bi 20 Video Codec. 139,600 3
Include: operation at data rates from 56 kb/t to
2.048 M'o/s, DES ~ypdon, pict~e-~plctum, two
Iow ~ RS-232 da~ po~, 1 h/g~speed RS-449
dat~ port, NEC pr~ video compression
alg~ ~ CCITT ~tandard a~goril~ml, and T~
OSUICSU VenTm~ ComeT1 DSU/CSU
$2,250 2 $4,54"~
Room Rerxfez-View 5510 RoDabout room system. 121,$10 3 t64,5,~
System Includes ~nGle-chip CCD camera with pan/tilt/zoom/
focu~ capability; oM 27" cokx mo~tor; conb'ol
sy~em w/~ble-top corrUoJ paz~; AEC-700 digital
·cho cance~on au,:F3o system, telephone Interface,
micro~, and far-end can,ua consol.
Document NTSC docun~nt camera with
Camera
$3.960 3 t11,84,
Fax Shag) 5(X)O plain pape~ fascimg~ machine 12,180 3
Shippb'~
Shipping of Equipment to Vbgin]a ~
$6,5,4.
t34.
Equipment Pric~
Turn-Key Installation. Includas ~oject' management,
in~tnltation, cabling, and system testing at the foflowing
Third Pr.dnct -
t6,384 1 15,31
64.384 1 $4,31~
Mice, Or~ year s~,rvice con~act. Includ~ parts ami 2-4 ho~ response. 11.020 1 $1,CI
Total $irvicu Price
$10,'~I
TnCo~ L~asing wh~ 11.00 I~yout
24 Mond~ $10.1:
36 Mont~
48 Mo~ths
60 Mon~h~ 44,4
One TI (1.544 Mb/&) circuit betwten the MuniclpsJ Center and
the Thkd Precin~'-t
Month-to-Month Service
,, 2-Year
3-Year
6-Ye~
01.368
01,368
01,368
01.368
VIRGINIA BEACH
OFFICE OF THE MAGISTRATE
MEMORANDUM
DATE: 6/12/97
TO:
Lee Hedberg. Staff Support Criminal Justice Board
FROM:
Robert S. Hill Jr. Chief Magistrate
SUBJECT:
Support for Local Law Enforcement Block Grant
Dear Lee:
I'm v, xiting in support of Chief Wall's request to seek fimding t?om the Local Law
Em"orcement Block Grant for magistrate videoconferencing ~n X'irgmia Beach xx ~th the
intent to hnk those precincts not staffed with magistrates x ia x ideoconferencmg ~x ith the
correctional center magistrate office m order that probable cause and ba~! hearings be
conducted from the precinct locations with the intent to reduce the rune that officers are off
the street away fi'om their patrols v~hen needing the sen, ices of a judmial officer.
.at the present thne only the correctional center magistrate office is staffed twenty
four hours a day. The second precinct office is staffed twenB' out of ever~ tx~enls.' four
hours and fl~e fourth precinct office has no sci schedule which means we decide on a da5
to day basis if someone will be on duly the next dax. The third precinct has no magistrate
office.
I'm operating with 20 magistrate positions with no office ,uppott qaft' The last
increase ~n positions took place m 1987 There are no nexx positmn~ apNox ed tbr the
1998 budget year.
A 1996 survey by the Joim Legislative Audit and Reviexx Commission to the
Virginia General Assembly supports flee implementation of videoconferencing in
magistrate districts At the present time there are six magistrate dtstricts m X'irgmm using
videoconfemcing including Chesapeake, Fairhx. Norfblk. Nexx po~t Nexx s. Charlottesx ~lle
and Blacksburg.
If I can provide you with any additional information please let me knoxx.
-27-
Item V-K.2
ORDINANCES
ITEM # 42392
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED:
Or&nance to APPROPRIATE $421,174from Aetna Fire and Casualty
Company to Princess Anne High School Repair and Expansion in the
FY 1997-1998 Capital Budget (CIP #1-199); and, increase estimated
revenues accordingly.
Vottng'
10-0 (By ConsenO
Councd Members Voting Aye'
John A. Baum, Linwood 0 Branch, III, William W. Harrtson, Jr, Harold
Hetschober, Barbara M Henley, Louis R. Jones, Reba S McClanan,
Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor Wilham
D Sessoms, Jr
Counctl Members Voting Nay
None
Counctl Members Absent
Loutsa M Strayhorn
July 8, 1997
AN ORDINANCE TO APPROPRIATE INSURANCE PROCEEDS
IN THE AMOUNT OF $421,174 FROM AETNA FIRE AND
CASUALTY COMPANY TO CAPITAL PROJECT #1-199
"PRINCESS ANNE HIGH SCHOOL REPAIR AND
EXPANSION" IN THE FY 1997-98 CAPITAL BUDGET
WHEREAS, the School Division has completed building
7 repair work related to the September 1995 fire at Princess Anne
8 High School;
WHEREAS, the final payment on this completed work
10 requires the expenditure of an additional $421,174 on Capital
11 Project #1-199; and
12
WHEREAS, funds in the amount of $421,174 are available
13 from insurance proceeds received from Aetna Fire and Casualty
14 Insurance Company in May of 1997;
15
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17
That funds in the amount of $421,174 received from Aetna
18 Fire and Casualty Insurance Company are hereby appropriated to
19 Capital Project #1-199 "Princess Anne High School Repair and
20 Expansion" in the FY 1997-98 Capital Budget; and
21
BE IT FURTHER ORDAINED:
22
That estimated revenues from insurance proceeds in the FY
23 1997-98 Capital Budget are hereby increased by $421,174.
24
25
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8th day of 3uly , 1997.
26
27
28
29
30
CA-6715
ORDIN\NONCODE\AETNA. ORD
R-1
PREPARED:
-i II I I II I
APPROVED AS TO
LEGAL SUFFICIENCY
APPROVED AS TO CONTENT:
Management Servers/
VIRGINIA BEACH CITY PUBLIC SCHOOLS
2512 GEORGE MASON DRIVE
VIRGINIA BEACH, VIRGINIA 23456
MEMORANDUM
TO:
FROM:
Mr E Dean Block, Director of Management Services
C~ty of V~rgima Beach
Dr B J Meyer, Management and Budget Analyst III
City of Virginia Beach t/
Dr Donald A Peccia, Associate Superintendent
Department of Budget, Finance & Technology
SUBJECT: Appropriation of Funds
DATE: June 12, 1997
We have received a check from Aetna Insurance Company relating to the September 1,
1995, fire at Pnncess Anne Senior High School in the amount of $1,765,327.03. Of this
amount, $1,171,516 08 relates to the building.
We deposited $1,171,516.08 in revenue account 3495-1-8-99-52 which includes $750,342
previously appropriated Please appropriate the remaining amount of $421,174 to the following
account'
4495-71199-09130-5000-00
+421,174
3495-1-8-99-52
+421,174
If you have any questions or comments, please call me at 427-4993.
/kh
06/10/97 15 22 ~'804 563 1213 FPC ~ ACCOUNTING ~002/002
VIRGINIA BEACH CITY PUBLIC SCHOOLS
Office of Facilities Planning & Construction
Sune 10,1997
MEMOtLA2qDUM
TO.
FRO~:
A. S. Cohen, Director
Office of Business
]~]~thony L. Arnold ~.~., Di
h'[Facilkies Planning ~ Constru
PRINCESS ~ I:n'GH
TORATION
As outlined in my June 2, 1997,
subject claim is broken down
$1,171,5
conditions
the "building" portion of the
The
Please call
cover all of the
change orders,
A.LA.men
pc.
John S.
Administrative
- 28 -
Item V-K.3
ORDINANCES
ITEM # 42393
A motton was made by Councd Lady McClanan, seconded by Council Lady Parker to DENY an
Ordinance to ACCEPTand APPROPRIATES396,000 to the Public Works Department's FY 1997-1998
Operating Budget from the Virgima Department of Transportation (VDOT) re installatton of twenty (20)
and purchase of two (2) variable message signs
Upon SUBSTITUTE MOTION by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd
ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $396,000 to the Public
Works Department's FY 1997-1998 Operating Budget from the Virgima
Department of Transportatton (VDOT) re tnstallatton of twenty (20) and
purchase of two (2) variable message signs
Vottng. 9-2
Council Members Vottng Aye:
John A Baum, Linwood 0 Branch, III, William W Harrtson, Jr, HaroM
Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E
Oberndorf, Vtce Mayor Wtlham D Sessoms, Jr. and Louisa M. Strayhorn
Councd Members Voting Nay
Reba S. McClanan and Nancy K Parker
Council Members Absent.
None
July 8, 1997
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
AN ORDINANCE TO ACCEPT AND APPROPRIATE $396,000
FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR
THE PURPOSE OF INSTALLING TWENTY VARIABLE MESSAGE SIGNS
AND TO PURCHASE TWO PORTABLE VARIABLE MESSAGE SIGNS
WHEREAS, motorists in the City of Virginia Beach currently receive traffic
information primarily via use of radio messages, which are not always current;
WHEREAS, motorists may also receive traffic information via the use of "as
needed" signing, which requires the design of the specific signing and manual
setup and maintenance, which decreases the timeliness of the traffic information;
WHEREAS, the installation and use of variable message signs (VMS) will
improve traffic flow within the city due to their providing current traffic
information to motorists in a more timely manner by use of computers and
software;
WHEREAS, the Virginia Department of Transportation (VDOT) has adopted a
six-year improvement program which includes funding through the Congestion
Mitigation for Air Quality program (CMAQ) for the installation of twenty VMS in
the City and for the purchase of two portable VMS by the City;
WHEREAS, VDOT has given the City twenty new VMS for the implementation of
this program;
WHEREAS, a presentation of the project has been made to the Resort Area
Advisory Committee, which concurs with the implementation of the program;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That an agreement between VDOT and the City be entered into for the purpose
of receiving $396,000 in funding for the design and installation of twenty VMS
and for the purchase of two portable VMS for the City;
That $396,000 be appropriated to the FY 1997-98 Operating Budget for the
Public Works Department for the above purpose;
That the appropriations be offset by a like increase in estimated revenue
from the Commonwealth.
Adopted by the Council of the City of Virginia Beach, Virginia on the
8th day of 3uly , 1997.
OVgD M TO
APPROVED AS TO
LEGAL SUFFICIENCY
I I
AGREEMENT FOR THE DEVELOPMENT AND ADMINISTRATION
OF A PROJECT TO INSTALL VARIABLE MESSAGE SIGNS
BY THE CITY OF VIRGINIA BEACH
THIS AGREEMENT, made and executed in triplicate as of this _
day of
1997, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF TRANSPORTATION, hereinafter called the "Department" and the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter called the
WI TN E S $ETH:
WHEREAS, the Department has adopted a Six Year Improvement Program for
Fiscal Years 1996-97 through 2001-2002 for urban highways, which includes an
allocation of funds for the installation of vadable message signs in the City; Project
(NFO)U000-134-149, PE-101, C-501; and referred to hereinafter as the "Project"; and
WHEREAS, the estimated cost is $30,000 for preliminary engineering, $366,000
for construction; for a total of $396,000; and
WHEREAS, the Department and the City desire to construct the Project as
expeditiously as possible and the City agrees to have the Project completed within the
time frame indicated in the Department's Six Year Improvement Program;
NOW, THEREFORE, for and in consideration of the premises and mutual
covenants and agreements contained herein, the parties hereto agree as follows:
1. The City shall consult with, and act as the agent of, the
Department in performing the preliminary engineering, and
construction phases of the Project, specifically including the
following:
a. Contract with a consultant to perform the
preliminary engineering, design and plan
development necessary to award a contract for
the construction; and the administration,
supervision and inspection of the construction of
the Project through final acceptance, in
accordance with Department procedures and
policies, including settlement of any claims and
disputes arising from the Project. The
consultant will be subject to a pre-award audit
by the Department.
b. Submit each phase of the work to the
Department for review and approval as the
project develops; allow Department personnel
to inspect all phases of the project at all times.
-2-
c. Prepare plans for the Project, including such
items as general notes, references to
specifications and standards, typical sections,
drainage plans, erosion and sediment control
methods, profiles, cross sections, summaries,
and the like. Plans may be prepared in
accordance with City of Virginia Beach
standards and format, provided the standards
meet or exceed Department standards or are
approved by the Department.
d. Locate potential contaminated and/or
hazardous waste sites during the survey or
eady plan development stage. Be prepared to
discuss the presence of these sites and design
alternatives at the preliminary field inspection.
Once contamination is determined to exist,
whether obvious or established through testing,
the City shall notify the appropriate regulatory
agency. With Department approval, conduct
detailed studies such as site characterization to
-3-
determine the length of time required for clean-
up and potential financial liability for the City and
Department if it is decided to purchase the
property. The first option, however, is to
pursue remediation by the property owner(s)
through the appropriate agencies.
e. If required, post a "notice of willingness to hold a
public hearing" on the Project, conduct such a
headng, if necessary, in accordance with
Department requirements and coordinate the
Project with property owners in the Project area.
f. Obtain any necessary permits for the
Project.
g. Procure a contractor to construct the Project, in
conformance with applicable provisions of the
Virginia Public Procurement Act. The City
agrees not to award a construction contract to
any b~dder unless its bid is within seven percent
(7%) of the City's cost estimate, which is
approved by the Department. The City agrees
not to award such contract until the
Commonwealth Transportation Board has
accepted and approved the bid and the
contractor, and until a standard Municipal-State
agreement is executed.
h. Submit any change orders to the construction
contract to the Department's Resident Engineer
for approval.
i. Receive Department approval of any claims
pdor to settlement.
j. Maintain accurate records of the Project and
documentation of all expenses for which
reimbursement will be requested, and make
such records available for inspection and/or
audit by the Department at any time.
k. Submit to the Department's Resident Engineer
on a monthly basis a certification of all project
expenses incurred and paid during the
preceding month for all preliminary engineering,
or construction. All preliminary engineering
charges shall cease on the date the
construction contract is awarded. The final
-5-
billing shall be made on the basis of final actual
costs, reconciling any difference with previously
billed amounts. Interim and final billings shall
be submitted on the Department's Form FD-1.
I. Agree to bear 100% of all costs expended in the
event the project is terminated dudng any phase
of work.
2. The Department will coordinate with, cooperate with, and
assist the City in implementing the Project, and specifically
agrees to:
a. Review each phase of the Project and respond
in an expeditious manner to requests from the
City for assistance.
b. Coordinate the Project through the State
Environmental Review Process and carry out
the functions necessary to clear the Project
environmentally. However, should the Project
be classified as a major action and scoping
meeting become necessary, the City may be
required to participate in reviewing the Project
with the state resource agencies to ensure
coordination of plan and environmental
development.
c. Provide reimbursement of actual Project
expenditures for the previous month or for the
final billing, within thirty (30) days of receiving
from the City an acceptable invoice of the
expenses.
d. Audit all Project costs and records as may be
required or appropriate.
e. Provide funding for the Project pursuant to the
Department's Six Year Improvement Program.
3. Nothing herein shall be construed as creating any personal
liability on the part of any officer, employee, or agent of the
parties, nor shall it be construed as giving any dghts or
benefits to anyone other than the parties hereto.
4. This Agreement shall be binding upon the parties hereto, and
their respective successors and assigns.
5. Upon the execution of this Agreement by both parties, the
City is hereby authorized to commence with the Project.
6. This agreement may be modified with the mutual consent of
the Department and the City.
-7-
IN VVlTNESSETH WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officers.
ATTEST:
CITY OF VIRGINIA BEACH
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY A'I-i'ORNEY
WITNESS:
COMMONVVEALTH OF VIRGINIA,
DEPARTMENT OF TRANSPORTATION
BY:
COMMISSIONER
-8-
- 29 -
Item Vdfi4
ORDINANCES
ITEM # 42394
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $150,000 from the FY 1996-1997 Virginia
Marine Science Museum Fund Reserve for Contingencies to the Marine
Science Museum Operating Budget re replenishment of Gift Shop
inventory due to high sales volume
Voting'
10-0 (By Consent)
Councd Members Vottng Aye.
John A Baum, Ltnwood O. Branch, III, Wtlliam W. Harrtson, Jr, HaroM
Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan,
Mayor Meyera E Oberndorf Nancy K. Parker and Vice Mayor Wtlham
D. Sessoms, Jr
Council Members Voting Nay'
None
Council Members Absent'
Louisa M. Strayhorn
July 8, 1997
AN ORDINANCE TO TRANSFER $150,000 FROM THE FY 1996-97 MARINE
SCIENCE MUSEUM FUND RESERVE FOR CONTINGENCIES TO THE MARINE
SCIENCE MUSEUM OPERATING BUDGET FOR REPLENISHMENT
OF GIFT SHOP INVENTORY DUE TO HIGH SALES VOLUMES
WHEREAS, the Manne Science Museum has exceeded attendance expectahons for ~ts
opening year, and
WHEREAS, the G~ft Shop has had substanbally h~gher than expected volumes of sales
due to the high attendance figures w~th revenues exceeding the original estimates by $200,000, and
WHEREAS, there ~s a need to transfer $150,000 from the FY 1996-97 Manne Science
Museum Reserve for Conbngenc~es to replemsh the G~ft Shop ~nventory
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10
BEACH, VIRGINIA, that $150,000 be transferred from the FY 1996-97 Manne Science Museum Fund
Reserve for Conhngenc~es to the FY 1996-97 Manne Science Museum Operabng Budget for the
replemshment of g~ft shop ~nventones
THE 8TH
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGINTA ON
DAY OF JULY , 1997
APPROVED AS TO
LEGAL SUFFICIENCY
Approved as to Content
Walter C Krae.~c~--oh~
C WlyFdes\1_OB97\DEPTSWIUSEUMS\year end ord
- 30-
Item V-K.$
ORDINANCES
ITEM # 42395
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $85,000 from the FY 1996-1997 General
Fund Reserve for Contingencies to the Treasurer's FY 1996-1997
Operating Budget to provtde necessary funding re purchase of cigarette
tax stamps and tncreased cost of postage associated wtth additional
btlling and tax notifications
Voting.
10-0 (By ConsenO
Council Members Voting Aye.
John A Baum, Linwood 0 Branch, III, Wtlham W Harrtson, Jr, HaroM
Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker and Vtce Mayor Wtlliam
D Sessoms, Jr
Councd Members Voting Nay'
None
Counctl Members Absent.
Louisa M. Strayhorn
July 8, 1997
2
3
AN ORDINANCE TO TRANSFER $85,000 FROM THE FY 1996-97 GENERAL FUND
RESERVE FOR CONTINGENCIES TO THE TREASURER'S FY 1996-97 OPERATING
BUDGET IN ORDER TO PROVIDE THE FUNDING NECESSARY TO COVER THE
PURCHASE OF CIGARETTE TAX STAMPS AND THE INCREASED COST OF
POSTAGE ASSOCIATED WITH ADDITIONAL BILLING AND TAX NOTIFICATIONS,
WHEREAS, the Treasurer's Office has experienced unusual expenditures relabng to the
Federal adJustments ~n bulk mading regulabons and the need to replace ex~sbng c~garette tax stamps
w~th new thermal heat stamps, and
WHEREAS, the Umted States Postal Service changed the regulabons concermng bulk
mad rates which resulted ~n the C~ty paying ~ncreased postage for mad~ng of bdhng and tax nohces, and
WHEREAS, the type of stamp used to mark c~garette packages for taxing purposes was
changed resulting in the need to replace older stamps as well as purchase additional stamps to meet the
~ncreased c~garette sales, and
9
10
WHEREAS, funding for these ~ncreased costs are avadable ~n the FY 1996-97 Operabng
Budget Reserve for Conbngenc~es.
11
12
13
14
15
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, that $85,000 be transferred from the FY 1996-97 General Fund Reserve for
Conbngenc~es to the FY 1996-97 Treasurer's Office Operabng Budget ~n order to cover the ~ncreased
cost of postage resulbng from the changes to bulk rate regulatmns and the purchase of c~garette tax
stamps
16
Adopted by the Councd of the Qty of Virg~ma Beach, V~rg~ma on thes. r..hday of 3u_._[,Y1997
I · II I
Approved as to Content
Management Services
C WlyFdes\1_OB97\DEPTS\TREAS~add~honal appropnabon ord
- 31 -
Item V-K. 6.
ORDINANCES
ITEM # 42396
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, City Counctl ADOPTED:
Ordinance to AMEND Chapter 24 of the Code of the City of Vtrgtnta
Beach re fees and policies for the use of the City's Parks Recreational
facilities and equipment.
Votlng'
10-0 (By ConsenO
Council Members Voting Aye'
John A Baum, Ltnwood O. Branch, III, Wtlham W Harrison, Jr, Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William
D Sessoms, Jr.
Council Members Vottng Nay:
None
Counctl Members Absent:
Louisa M. Strayhorn
July 8, 1997
AN ORDINANCE TO AMEND CHAPTER 24 OF THE CITY
CODE PERTAINING TO FEES AND POLICIES FOR THE
USE OF CITY PARKS RECREATIONAL FACILITIES, AND
PARKS AND RECREATION EQUIPMENT
SECTIONS AMENDED: Sections 24-3 and 24-6
SECTIONS REPEALED: Sections 24-4 and 24-5
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
10
That Sections 24-3 and 24-6 of the Code of the City of
11 Virginia Beach, Virginia, are hereby amended and reordained, and
12 Sections 24-4 and 24-5 are hereby repealed, to read as follows:
13
14
15
16
Sec. 24-3.
Fees, policies, procedures, rules a~d regulations
f~r pertaining to the use of city parks,
recreational facilities, and parks and recreation
equipment ...... ~
17
(a) Except as provided in subsection (b) of this section,
18 Lhe director of parks and recreation shall is hereby authorized to
19 (i) establish reasonable fees, and (ii) adopt and enforce
20
reasonable policies, procedures, rules and regulations
21 pertaining to the use of various city parks, recreational
22
facilities, and parks and recreation equ ment, ......... =, .... ~
23
24
25 approval of the city manager for ........ ~
26
28
29
30
(b) The director of convention and visitor development is
31 hereby authorized to (i) establish reasonable fees, and (ii) adopt
32 and enforce reasonable policies, procedures, rules and regulations,
33 pertaining to the use of city parks located in the resort area
34 adjacent to the Atlantic Ocean, subject to the approval of the city
35 manager.
36
37
Reserved
38
39 a n ........... ~ .............. - .......................
41
42
43
3 /-%/5
47
T .......... Reserved
48
49
50
51
52
53
54 Sec. 24-6.
Permit requirements for ~use of -"=~-
~ ..... city parks~
55
56
(a) Permit required. No person shall hold, organize, or
57 sponsor any assemblage or gathering (hereinafter "event") ....... ;~"~ in
58
any city park (i) that will be attended by mcra than fi'cc two
59 hundred (500) (200) or more persons, or (ii) that, regardless of
60 the number of persons anticipated to be in attendance, will require
61
the normal operations of the city park to be altered,
62 ~- unless a permit therefor has been granted by the ~ director
63 of parks and recreation. This permit shall be in addition to (i)
64 any other permit that may be required by federal, state or local
65 law, and (ii) payment of the applicable fee or fees, if any,
66 established pursuant to section 24-3.
67
(b) Application: Contents and fee. An application for any
68
permit required by this section shall be made to the~ ......... ,,,~.~
69 director of parks and recreation or his dcsignce, accompanied by e
70 the applicable nonrefundable processing fee of scvcnty fivc dollars
71 ($75.00) established pursuant to section 24-3. The application
72 shall must be submitted to the director of parks and recreation not
73
less than~--~ f~.~'~ ',=~,~ thirty (30) days prior to the date of the
74
proposed event, and not more than~ ~- ,~,~ ~ twelve (12) months prior
75
to the date of the proposed event~.
and The application shall
76 contain the following information, utilizing a form provzded by the
77 city managcr department of parks and recreation:
78
(1) The name of the park;
79
~ duration and estimated attendance
~(2) The nature, date, ....
80
............. agc ~ gathcrmng the event;
81
(3) Provisions for sanitation facilities, crowd, noise and
82
traffic control, and parking;
83
(4) The designation of an individual or individuals who shall
84
be responsible for ensuring compliance with (i) the
85
provisions of this section, (ii) applicable policies,
86
procedures, rules and regulations of the department of
87
parks and recreation adopted pursuant to section 24-3,
88
and (iii) thc any specific conditions of the permit; and
89
(5) Such other information as may reasonably be required by
90
the city managcr director of parks and recreation.
91
(c) Application: Submission and processing requirements.
92
(1) A completed application shall be processed and either
93
granted or denied within a reasonable time, but not more
94
than ~~"~..~ '~,~u, forty-five (45) days following receipt
95
thereof. Such A decision to deny an application shall be
96
in writing, setting forth the conditions of thc pcrmit,
97
reasons for denial
~ dcc~ and
98
shall be provided to the applicant either in person or at
99
the address stated in the application.
100
(2) If an application is submitted to the city less than
101
forty=~=~'^ ~=~,'~=~ thirty (30) days prior to a proposed
102
event, the~ty ......... ,,,~~= ~ ~ dcsigncc director of parks
103
and recreation may modify the requirements of subsections
104
(b) and (c) upon a demonstration by the applicant, in
105
writing, that circumstances giving rise to the proposed
106
event did not reasonably allow the applicant to apply for
107
a permit within the time prescribed.
108
( d) Permit approval process. ~ Except as provided in
109 subsection (i) of this section, ~Lhe permit shall be granted by the
110 city managcr director of parks and recreation if the proposed use
111 of the city park:
112
~-i-~(1) Will not generate excessive or unreasonable
113
traffic or noise or otherwise adversely affect
114
the public health, safety or welfare; and
115
116
(iii) (2) Will not be so extensive or require the use of
117
such portion of the city park as to
118
unreasonably interfere with the primary use or
119 uses for which such park is designed or
120
intended.
121
122
123
124
125
126
127
j~4 A ~ ~ ~ USC Of a ~1.
/~ If a .... 4~ is ...... d bccausc
128
129
130
UDC
131
132
V ~ ~ ~.wL J..L %,, ~..; %,& %.., .L .&. j.~ %,-. 3. L L L.L. I ~ %.,L J...~, j %..., %., %,, ~%-.~ ~ %.d. %_, .L J. ~,,, ~.., ,.,~- L L L ~,.~ r,.,L .L ./,. ~..,4.
133
...... ~ ........ "i may ...... proper ~ ..... ~
thc~ tz ............... .
134
135
136
137
138
139
140
141
142
(e) Permit requirements.
143
(1) The permittee shall comply with thc all policies,
144
procedures, rules and regulations for pertaining to the
145
use of city parks as ~ ....... ~ .... adopted by the director
146
of parks and recreation.
147 (2) The city managcr director of parks and recreation may
148
impose, as conditions to granting a permit, such further
149
requirements and restrictions as will may be determined
150
to be reasonably necessary to protect the public health,
151
safety, welfare, peace and order. Such conditions may
152
include, but are not limited to:
153
154
Tehe payment of a
155
reasonable fee for the use of such park, based upon
156
the additional~L~LLLL..L..I.~...I.'~'~--~' ~ strati"-. ~ maintenance and/or
157
other costs incurred by the city in relation to
158
such use, not to exceed the actual costs incurred
159
by the city;
160
(ii) The provision of adequate security personnel and
161
parking attendants;
162
(iii) The posting of a performance bond or other surety
163
securing payment of the aforesaid fee and
164
compliance with any and all conditions of the
165
permit;
166
(iv) Proof of liability insurance underwritten by
167
insurers acceptable to the city, indemnifying the
168
applicant against any perils, suits, claims and
169
losses which may arise in connection with the
170
proposed activity~, mSuch coverage shall be in
171
amounts consistent with a standard schedule
172
approved by the city managcr, based upon risks
173
associated with each type of event, in
174
consideration of anticipated attendance;
175 (v) A limitation upon the number of persons who may
176
assemble in the requested area;
177
(vi) Designation of an area compatible with anticipated
178
crowd size and proposed activities;
179
(vii) °~ -~--
........... Any of the additional requirements for
180
special events a~ set forth in section 4-1 of this
181
code.
182
(f) In the event the application fails to meet any one (1) or
183
more of the criteria set forth in subsections (d) and (e)
184
of this section, the permit shall be denied; however,
185
prior to any final decision to deny a permit, the
186
applicant shall be apprised of the reason(s) for such
187
denial and shall be entitled to a hearing before the city
188
manager or his designee.
189
(g) If a permit is denied because the proposed use of a park
190
is so extensive or requires the use of such portion
191
thereof as will substantially interfere with the primary
192
use or uses for which such park is designed or intended,
193
the city council may, in its discretion, direct that the
194
permit be granted, subject to such terms and conditions
195
as the city council may deem proper. No such action shall
196
be taken by the city council except upon public notice
197
and hearing. Such notice shall be by publication at least
198
once in a newspaper of general circulation within the
199
city not less than seven (7), nor more than fourteen
200
(14), days prior to the hearing and by posting of a sign
201
at the proposed place of gathering. The cost of such
202
notice shall be borne by the applicant.
203 (f) (h) Exceptions for expressive activities.
204
(1) Liability insurance, payment of the permit fee and
205
administrative costs, and provision of security personnel
206
and parking attendants~..~.~ ~ ~ i ..u--~ may be ~ .... ~ul' ~--~
207
partially or completely waived for any noncommercial
208
g ...... lng event which is held strictly for the purposes
209
of expressive activity upon a demonstration, in writing,
210
by the applicant (i) that the applicant is financially
211
unable to pay the costs of such fees and services and
212
(ii) that the right to engage in expressive activity
213
would be unreasonably curtailed by failure to waive such
214
requirements; provided, however, that insurance may be
215
required for collateral activities such as food service
216
and the use of structures and equipment which present a
217
demonstrable risk or hazard.
218
(2) Upon a demonstration that thc
enforcement of the
219
limitation provisions of subsections (b) and (c) of this
220
section would unreasonably restrict the right of free
221
expression, the city managcr director of parks and
222
recreation shall waive the time prescribed for advance
223
notice of an event and impose only such provisions as
224
will not unreasonably restrict the element of timeliness
225
of the expressive activity.
226
(3) For purposes of this section, the term "expressive
227
activity" shall includc means a public gathering,
228
procession or parade, the primary purpose of which is the
229
exercise of the rights of assembly and free speech as
230
guaranteed by the First Amendment of the Constitution of
231
the United States.
- 32 -
Item V-K. 7. a.
ORDINANCES
ITEM # 42397
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Cay Counctl ADOPTED:
Ordinance to authorize temporary encroachment into a portion of the
Ctty's existing 36' drainage easement at 1772 Lagare Lane by Eric T.
and Brenda L. Dell re construction of an inground swimming pool
The following conditions shall be required.
The temporary encroachment shall be constructed and
maintained in accordance with the laws of the Commonwealth
of Virginia and the Ctty of Virginia Beach and in accordance
with the City of Virgtnia Beach Public Works Department's
specifications and approval as to size, alignment and locatton
,
The temporary encroachment shall terminate upon nottce by the
City of Virginia Beach to the apphcants and, within thtrty (30)
days after such nottce is gtven, such temporary encroachment
shall be removed from the City's dratnage easement by the
apphcants and the applicants shall bear all costs and expenses
of removal
The applicants shall tndemntfy and hold harmless the City of
Virgtnia Beach, its agents and employees from and agatnst all
claims, damages, losses and expenses, inclu&ng reasonable
attorney's fees in case it shall be necessary to ftle or defend an
actton aristng out of the locatton or existence of such temporary
encroachments.
,
No permisston or authority is given to the apphcants to permit
the matntenance or construction of any encroachment other
than that spectfied herein and to the hmtted extent spectfied
heretn, nor to permtt the maintenance and construction of any
encroachments by any one other than the apphcants
The apphcants agree to maintain the temporary encroachment
so as not to become unstghtly or a hazard .
The City, upon revocation of such authority and permtssion so
granted, may remove any such temporary encroachment and
charge the cost thereof to the apphcants, may require the
applicants to remove such temporary encroachment; and, tf
such removal is not made wtthtn the time ordered hereinabove
by this agreement, the Ctty may tmpose a penalty in the sum of
One Hundred Dollars ($100 00) per day for each and every day
that such temporary encroachment is allowed to conttnue
thereafter, and shall collect such compensation and penalttes in
any manner provided by law for the collection of local or state
taxes.
The applicant must obtain a permit from the Development
Services Center prior to commencing any constructton within
the City 'S Dratnage easement
.
Any above-ground temporary encroachments shall conform to
the mtnimum setback requirements, as estabhshed by the City 'S
Zoning Office.
July 8, 1997
- 33 -
Item V-K. 7. a.
ORDINANCES
ITEM # 4239 7 (Continued)
,
10
Landscaping shall be approved by the Landscape Services
Division of the Department of General Services
No fill material is allowed within the bank slope and water
areas
Voting.
10-0 (By ConsenO
Councd Members Voting Aye'
John A. Baum, Ltnwood 0 Branch, III, William W Harrison, Jr, Harold
Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan,
Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay
None
Council Members ~4bsent.
Louisa M Strayhorn
July 8, 1997
1 Requested by Department of Public Works
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO
A PORTION OF THE EXISTING
CITY'S 36' DRAINAGE EASEMENT
LOCATED AT THE REAR OF LOT
~1 AT 1772 LEGARE LANE BY
ERIC T. AND BRENDA L. DELL,
THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
11
WHEREAS, ERIC T. and BRENDA L. DELL, desire to construct
12 and maintain a temporary encroachment for an inground swimming pool
13
14
and bulkhead into the existing City's drainage easement located at
the rear of Lot #1 at 1772 Legare Lane.
15
WHEREAS, City Council is authorized pursuant to ~§ 15.1-
16 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize
17 a temporary encroachment upon the City's right-of-way subject to
18
19
such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21
That pursuant to the authority and to the extent thereof
22 contained in §§ 15.1-316 and 15.1-893, Code of Virginia, 1950, as
23
24
amended Eric T. and Brenda L. Dell their heirs, assigns and
successors in title are authorized to construct and maintain a
25
26
temporary encroachment for an inground swimming pool and bulkhead
into that portion of the City's drainage easement as shown on the
27 map entitled: "PHYSICAL SURVEY OF LOT 1. BLOCK N PLAT OF
28 CHARLESTOWNE SUBDIVISION SECTION 1: PART 2 KEMPSVILLE BOROUGH
29 VIRGINIA BEACH, VIRGINIA FOR ERIC T. DELL AND BRENDA L. DELL," a
30
31
32
33
34
copy of which is on file in the Department of Public Works and to
which reference is made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
35 Eric T. and Brenda L. Dell, (the "Agreement") which is attached
36
37
38
39
40
41
42
43
hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as Eric T. and Brenda L. Dell and the
City Manager or his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8th day of July , 1997 .
44
45
46
47
CA-# ~ ~$ 0
\pwaldo\de~ esu\dell. OP, D
R-1
PREPARED: 6/10/97
,~jT~ROVED ~ TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM.
¢ I'1~ A?~'OR~¥
!LOCATION MAP
SCALE: 1" ~ 2640'
ERIC
FIELD
!
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iiI
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SITE
LOCATION MAP FOR
T. AND BRENDA L. DELL
ENCROACHMENT AT
1772 LEGARE LANE
PREPARED BY P/~ ENG. DRAFT. 09-JUN-1997
II Iii I I I II ! II I I III
THIS IS TO CERTIFY THAT WE. Oh- SEPTEMBER ~, .t993 SURVEYED THE PROPERTY SHOWN
ON THIS PLAT AND 'THAT THE TITLE LINES AND THE WALLS OF' THE BUILDINGS ARE AS SHOWN
ON THI~ PLAT. THE BUtLDINO~ ~,TAND ~,TRICTLY V/ITt'lIN THE TITLE LINE~. bio
ENCROACHUENT.S OF OTHER BUILDINGS ON THE PROPERTY. EXCEPT AS
.I
:BENCH MARK. INC.
,, BEGINNING POINT OF DEVELOPMENT BY:
FLOOD DATA '
I
I
THIS PROPERTY APPEARS TO FALL INSIDE FLOOD ZONE
AS SHOWN ON F.E.M.A. FLOOD MAP COMMUNITY NUMBER
PANEL NUMBER , box3o . DATED ~/s/~o
ELEVATIONS ~IGVD DA TUA( O. O0-K$.L.)
BASE FLOOD ELEVAT10H . 10.9 ¢C0~
REFERENCE LEYFL . 12.6 (FRST FLOOR OF 8tILDNg ON SLABI
ATTACHED gARAGE . 1.8 (ON SLAB)
LOWEST ORADE . 1.;' MDJACENT TO
HOUSE FALLS INSIDE fLOOD ZONE C.
I
' I
\
;
I '
2.' ~t r~.~ '< Z.G' I 5' UTILITIES a DRAIqAGE EA,~UEHT
NOW OR FORI, EIIL Y
CHARLES TOWHE CORPORATION
' $$~"44'~7'R'.
PIV~) $ST'44'2r'E
i I~' lO0~llI FENCE
4L~'
FENCE
LEGARE LANE (50')
t
PHYSICAL S~URVEY
='LOT, I. BLocK N
'PLAT OF ,
Cl ARLE TOWNE ....
SECTION g PART 2
KEUPSVILLE BOROUGH
VIRGINIA BEACH. VIRGINIA
FOR
ERIC T. DELL AND BRENDA L. DELL
Exk; ~',~' A
..ENCH MARK
SCALE:, ,. , r-2s'
DATE: SEPTEUBEe 2. ~;~
PLAT RECORDED IN: il
KB. 109. P. 50
·
PROJ. NO.,,.:
DRAWN BY:
P.R.S.
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY ' S OFFICE
EXEMI~TED FROM RECORDATION TAXES
UNDER SECTIONS 58
AND 58.1-811(C)[4) REIMBURSE~ENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ~/~ day of ~~ ,
19~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and ERIC
T. DELL and BRENDA L. DELL, husband and wife, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second
part.
W I TNE S S ~TH:
That, WHEREAS, the party of the second part is the
owner of that certain lot, tract, or parcel of land designated
and described as "Lot 1, Block N, Charlestowne Subdivision,
Section 1, Part 2)" and being further designated and described as
"1772 Legare Lane, Virginia Beach, Virginia 23464" and
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain an in-ground swimming pool
and wooden bulkhead in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such in-ground
swimming pool and wooden bulkhead, it is necessary that the said
party of the second part encroach into a portion of an existing
city drainage easement, and said party of the second part has
requested that the party of the first part grant a temporary
encroachment to facilitate such in-ground swimming pool and
wooden bulkhead within a portion of the City's drainage easement.
GPIN 1465-21-0568
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's drainage easement for
the purpose of constructing and maintaining such in-ground
swimming pool and wooden bulkhead.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of temporary encroachment into a
portion of the City's drainage easement as
shown on that certain plat entitled:
"PHYSICAL SURVEY OF LOT 1, BLOCK N PLAT OF
CHARLESTOWNE SUBDIVISION SECTION 1, PART 2
KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA
FOR ERIC T. DELL AND BRENDA L. DELL," a copy
of which is attached hereto as Exhibit "A"
and to which reference is made for a more
particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's drainage easement by the party of the second part; and
that the party of the second part shall bear all costs and
expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said temporary
encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's drainage easement.
It is further expressly understood and agreed that any
above ground temporary encroachments shall conform to the minimum
setbacks requirements, as established by the City's Zoning
Office.
It is further expressly understood and agreed that
landscaping shall be approved by the Landscape Services Division.
of the Department of General Services.
It is further expressly understood and agreed that no
fill material is allowed within the bank slope and water areas.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such temporary encroachment
and charge the cost thereof to the party of the second part, and
may require the party of the second part to remove such temporary
encroachment, and if such removal is not be made within the time
ordered hereinabove by this agreement, the City shall impose a
penalty in the sum of One Hundred Dollars ($100.00) per day for
each and every day that such temporary encroachment is allowed to
continue thereafter, and shall collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes.
IN WITNESS WHEREOF, Eric T. Dell and Brenda L. Dell,
the said party of the second part has caused this agreement to be
executed by his signature and seal duly affixed. Further, that
the City of Virginia Beach has caused this agreement to be
executed in its name and on its behalf by its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
City Manager/Authorized
Designee of the City Manager
( SEAL )
ATTEST:
City Clerk
Eric T. Dell
~renda L. Dell
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by
, CITY MANAGER/AUTHORIZED DESIGNEE OF THE
CITY MANAGER.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by RUTH HODGES
SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OF ."' -~,-~ :_~ ...... ,' \ ~,, ',.~,:a
CITY/COUNTY OF
The foregoing instrument
this ~/~r
day of /;;~ ,
Brenda L. Dell.
to-wit:
My Commission Expires:
was acknowledged before me
19 g~, by Eric T. Dell and
Notary Public
APPROVED AS TO
LEGAL SUFFICIENCY
- 34 -
Item V-K. 7. b.
ORDINANCES
ITEM # 42398
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize temporary encroachment into a portion of the
City's right-of-way at 5412 Keystone Place to Robyn S Browder re
construction and maintenance of a bulkhead
The following conditions shall be required
The temporary encroachment shah be constructed and
maintained in accordance with the laws of the Commonwealth
of Virginia and the City of Virginia Beach and in accordance
with the City of Virginia Beach Public Works Department's
specifications and approval as to size, alignment and location
.
The temporary encroachment shall terminate upon notice by the
City of Virginia Beach to the applicant and, within thirty (30)
days after such notice is given, such temporary encroachment
shah be removed from the City's right-of-way by the apphcant
and the applicant shah bear aH costs and expenses of removal
The applicant shah indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against aH
claims, damages, losses and expenses, including reasonable
attorney's fees in case it shah be necessary to file or defend an
action arising out of the location or existence of such temporary
encroachment
No permission or authority is given to the applicant to permit
the maintenance or construction of any encroachment other
than that specified herein and to the limited extent specified
herein, nor to permit the maintenance and construction of any
encroachments by any one other than the applicant.
5. The apphcant agrees to maintain the temporary encroachment
so as not to become unsightly or a hazard.
The applicant shah obtain and keep tn force aH. Risk Property
Insurance and general liabthty or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable
The applicant must also carry Comprehensive General Liability
Insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combined single limits of such insurance
policy or policies The applicant must provide endorsements
providing at least thirty (30) days' written notice to the City
prior to the cancellation or termination of, or material change
to, any of the insurance policies The applicant assumes all
responsibilities and liabilities, vested or contingent, with
relation to the temporary encroachment
The applicant shall submit for review and approval a survey of
the area being encroached upon, certified by a registered
professional engineer or a certified licensed land surveyor
and/or "as bmlt" plans of the temporary encroachment, sealed
by a registered professional engineer, of the temporary
encroachment, tf required by either the City Engineer's Office
or the Engineering Division of the Pubhc Utilities Department.
July 8, 1997
- 35 -
Item V-K. 7. b.
ORDINANCES
ITEM # 42398 (Continued)
The Ctty, upon revocation of such authority and permission so
granted, may remove any such temporary encroachment and
charge the cost thereof to the apphcant and collect the cost tn
any manner provided by law for the collection of local or state
taxes; may require the apphcant to remove such temporary
encroachment; and, pending such removal, the City may charge
the apphcant for the use of such portion of the Ctty's right-of-
way encroached upon the equtvalent of what would be the real
property tax upon the land so occupied if it were owned by the
applicant; and if such removal shall not be made within the
time specified by the City, the City shall tmpose a penalty in the
sum of One Hundred Dollars ($100.00) per day for each and
every day that such temporary encroachments are allowed to
continue thereafter, and shall collect such compensatton and
penalttes in any manner provtded by law for the collection of
local or state taxes
Voting'
10-0 (By Consent)
Council Members Voting Aye.
John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wilham
D. Sessoms, Jr.
Council Members Voting Nay.
None
Council Members Absent:
Louisa M. Strayhorn
July 8, 1997
1 Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENT INTO
A PORTION OF City's
RIGHT-OF-WAY AT 5412
KEYSTONE PLACE TO ROBYN S.
BROWDER HER HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, Robyn S. Browder, desires to construct and
10 maintain a temporary easement into the City's drainage easement
11 located at 5412 Keystone Place to construct and maintain a
12 bulkhead.
13
14
15
WHEREAS, City Council is authorized pursuant to ~6 15.1-
316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize
a temporary encroachment upon the City's drainage easement subject
16 to such terms and conditions as Council may prescribe.
17
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19
That pursuant to the authority and to the extent thereof
20 contained in §§ 15.1-316 and 15.1-893, Code of Virginia, 1950, as
21 amended Robyn S. Browder, her heirs, assigns and successors in
22
23
title is authorized to encroach into a portion of the City's
drainage easement in order to construct and maintain a bulkhead
24
25
into that portion of the City's drainage easement as shown on the
plat entitled: "EXHIBIT A PROPOSED BULKHEAD IN CANAL AT:5412
26 KEYSTONE PLACE CITY OF VIRGINIA BEACH STATE OF VIRGINIA APPLICATION
27
28
BY: R.S. BROWDER" a copy of which is on file in the Department of
Public Works and to which reference is made for a more particular
29
30
31
description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly sublect to those terms, conditions and criteria
32 contained in the Agreement between the City of Virginia Beach and
33 Robyn S. Browder, (the "Agreement") which is attached hereto and
34
35
incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
36 authorized designee is hereby authorized to execute the Agreement.
37
BE IT FURTHER ORDAINED, that this Ordinance shall not be
38 in effect until such time as Robyn S. Browder and the City Manager
39 or his authorized designee execute the Agreement.
40
41
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8th day of July , 1997.
42
43
44
45
CA-~ & 70 7
SBURNS/BROWDER. ORD
R-1
PREPARED: 6/16/97
"- SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY Y
I..O~TION MAP SCALE: 1" - 2640'
SITE
·
LOCATION MAP FOR
ROBYN S. BROWDER
ENCROACHMENT AT
5412 KE~'STONE PLACE
SCALE: 1" = 100'
PREPARED BY P/W ENC,. DRAFT, 2.q-APR-lqq7
PunPose: Erosion Prevention
o,,,~.: OHW
ADJACENT PROPERTY OWNERS:
1. See Sheet 2
o~m 20 Dec 1996
s al ss' go' E ?S0(7'
Canal
-- ~0' Drainage --
N dl J$' OO· w ?JO0'
Keystone /=lace
NO TE$:
(1) THIS DRAWING MA Y ONLY BE USE~
FOR THE EXCLUSIVE PURPOSE CF
{~$TAINING PERMITS i~OR THE
CONSTRUCTION WORK SHOWN
DISTANCES SHOWN TO POINTS
ARE APPROXIMATE. POINTS I i ,1 SHALL
IE SET Ir A PROFESSIONAL LANG
SURVEYOR PRIOR TO CONSTRUC,"CN SUCH
THAT ALL PORTIONS OF ThE
IULKHEA§ ARE LOCATED ON THE
APPLICANT'S PROPERTY.
SURIED UTILITIES kiA Y
AREA AND ARE NOT SHOWN ON r~E DRAW.
INCl. GALL 'MISS UTILITY' TO LOGAT~ ALL
UTILITIES PRIOR ro THE START oF WORK
"EXHIBIT A"
PROPOSED BULKHEAD
.~ Canal
AT: 5412 KEYSTONE PLACE
CITY OF VIRGINIA BEACH
STATE OF VIRGINIA
AP.uc=~.o..Y: R. S. BROWDER
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-811(a)(3)
AND 58 1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 2§-249
THIS AGREEMENT, made this day of
19~'/ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and
ROBYN S. BROWDER, SINGLE, ITS/HIS/THEIR/HE~ HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, Grantee, party of the second part.
W I T N E S S E T H:
That, WHEREAS, the party of the second part is the
owner of that certain lot, tract, or parcel of land designated
and described as "Lot 4, Section 2, Part A, Charlestowne Lakes"
and being further designated and described as 5412 Keystone
Place, Virginia Beach, Virginia 23464 GPIN 1465-01-8265" and
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a bulkhead in the City of
Virginia Beach; and
WHEREAS, in constructing and maintaining such bulkhead,
it is necessary that the said party of the second part encroach
into a portion of an existing City drainage easement adjacent to
5412 Keystone Place; and said party of the second part has
requested that the party of the first part grant a temporary
encroachment to facilitate such bulkhead within a portion of the
City's drainage easement.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's drainage easement for
the purpose of constructing and maintaining such bulkhead.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of temporary encroachment into a
portion of the City's drainage easement as
shown on that certain plat entitled:
"PROPOSED BULKHEAD, IN: CANAL, AT: 5412
KEYSTONE PLACE, CITY OF VIRGINIA BEACH,
VIRGINIA, APPLICATION BY: R. S. BROWDER," a
copy of which is attached hereto as Exhibit
"A" and to which reference is made for a
more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's drainage easement by the party of the second part; and
that the party of the second part shall bear all costs and
expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said temporary
encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's drainage easement.
It is further expressly understood and agreed that the
party of the second part shall obtain and keep in force All Risk
Property Insurance and General Liability or such insurance as is
deemed necessary by the party of the first part, and all
insurance policies must name the party of the first part as
additional named insured or loss payee, as applicable. The party
of the second part also agrees to carry Comprehensive General
Liability Insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The
party of the second part will provide endorsements providing at
least thirty (30) days written notice to the party of the first
part prior to the cancellation or termination of, or material
change to, any of the insurance policies. The party of the
second part assumes all responsibilities and liabilities, vested
or contingent, with relation to the temporary encroachment.
It is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the temporary
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such temporary encroachment
and charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such temporary
encroachment is allowed to continue thereafter, and shall collect
such compensation and penalties in any manner provided by law for
the collection of local or state taxes.
IN WITNESS WHEREOF, Robyn S. Browder, the said party of
the second part has caused this Agreement to be executed by his
signature and seal duly affixed. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
APPROVSD AS lO
LEGAL SUFfICieNCY CITY OF VIRGINIA BEACH
( SEAL )
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
APPROJVED ~ TO CONTJ~NT//
· $1GNATURE..~
_..
--.. / DEI~ARTMENT
~obyn /~- B~owder
STATE OFtVIRGINIA
CITY OF ~RGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this
day of ~~ , 19 ~? , by
, CITY MANAGER/AUTHORIZED DESIGNEE OF THE
CITY MANAGER.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by RUTH HODGES
SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
My Commission Expires:
Notary Public
V
this
Browder.
[/b%_O]M~~ ~ o-wit:
The foregoing instrument was acknowledged before me
day of ~~ , 19 ~ , by Robyn S.
My Commission Expires:
6
Notary ~B~blic
Telepl~one Pad .~
SCulLS. r'.JO'
PURPOSE~ Erosion Prevention
DA~U. OHW
ADJACENT PROPERTY OWNERS.
1. See Sheet 2
o~ 20 Dec 1996
$ 4a 55 00' E 7500'
Canal
Top Of Bank · OHW ~
N aa $$' O0° W 7500"
Keystone Place
SIT~"' ~[_'A N
r Retwe Wall
NO TES.
THIS DRAWING MAY ONLY BE USE.~
FOR THE EXCLUSIVE PURPOSE CF
OBTAINING PERMITS FOR THE
CONSTRUCTION WORK SHOWN
~IS;'ANCE$ SHOWN TO POINTS
ARE APPROXIMATE POINTS ! a 2 SHALL
EE SET eY A PROPESSIONAL LAND
SURVEYOR PRIOR ~0 CONSTRUCT'CN SUCH
THAT ALL PORTIONS OF T~E
~ULKHEAD ARE LOCATED ON
APeLICANT*$ PROPERTY
8URIEO UTiUTIES MAY BE lOCATE.~ IN T~E
AREA AND ARE NOT SHOWN ON T~E ORAW.
lNG CALL 'MISS UTIUTY* TO LOC,4 ;'E ALL
UTILITIES PRIOR TO THE START OF WORK
"EXHIBIT A"
PROPOSED BULKHEAD
,~ Canal
AT. 5412 KEYSTONE PLACE
CITY OF VIRGINIA BEACH
STATE OF VIRGINIA
APPUCATION BY' R. S. BROWDER
SHEET 2 OF 6
36-
Item V-K. 8.
ORDINANCES
ITEM # 42399
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to appoint viewers in the petttion of Charley Bradley for the
closure of a portion of Broad Bay Drive, between Lots 6 and 20, tn
Broad Bay Colony (L YNNHA VEN BOROUGH)
The Viewers are:
Davtd M Grochmal
Dtrector of General Services
Ralph A. Smith
Dtrector of Public Works
Robert J. Scott
Director of Planning
~ttng:
10-0 (By Consent)
Council Members Vottng Aye'
John A. Baum, Ltnwood O. Branch, III, William W. Harrison, Jr, Harold
Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker and Vice Mayor Wtlltam
D Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
Louisa M Strayhorn
July 8, 1997
ORDINANCE APPOINTING VIEWERS
WHEREAS, your Petitioner, Charley Bradley, has given due and proper notice, in
accordance with the statutes for such cases made and provided that he will on the 8th day of July,
1997, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of
Viewers to vmw the hereinafter described property and report ~n writing to the Council whether, in
the opinion of said Viewers, any, and if any, what inconvenience would result from the
d~scontinuance of such port~on of the hereinafter described street, and has filed such application with
said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach,
Virginia:
THAT Robert J. Scott , David M. Grochmal and
Ralph A. Smith are hereby appointed to v~ew the hereinafter described property and
report in writing to the Council as soon as possible, whether, in their opinion, any, and if any, what
inconvenience would result from the discontinuing and vacating of a portion of that certain street
of variable width located in the City of Virginia Beach, Virginia and more particularly described as
follows:
BEGINNING AT THE NORTHWEST CORNER OF LONG CREEK DRIVE AND
BROAD BAY DRIVE, BEING THE SOUTHEAST CORNER OF LOT 6.
THENCE N 08° 35' 59" W, 165.17' TO A POINT, BEING THE NORTHEAST
CORNER OF LOT 6, THENCE N 69° 53' 24" E, 30.62' TO A POINT BEING THE
NORTHWEST CORNER OF LOT 20. THENCE S 08° 35' 59" E, 164.04' TO A
POINT, BEING THE SOUTHWEST CORNER OF LOT 20. THENCE S 67° 49'
39" W, 30.86' TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING
4,938 SQUARE FEET OR 0.113 ACRE.
All of the above as shown upon that certain exhibit entitled "EXHIBIT STREET CLOSURE
LOTS 6 & 20 BROAD BAY COLONY, VIRGINIA BEACH, VIRGNIA", Lynnhaven Borough,
Virginia Beach, Virginia, which exhibit is attached hereto.
Adopted by the Council of the City of Virgima Beach, Virginia, on this 8th th day of
july ,1997.
NOTICE
PLEASE TAKE NOTICE that at the meeting of the City Council of the City of Virginia
Beach, Virginia to be held on Tuesday, the 8th day of July, 1997 at 2:00 p.m., in the City
Council Chambers, City Hall, Municipal Center, Virginia Beach, Virginia 23456, the
undersigned will petition the Council for the appointment of Viewers to view the hereinafter
described portion of a certain street known as Broad Bay Drive located in the Lynnhaven
Borough and report to the City Council whether in the opinion of the Viewers, what, if any,
inconvenience would result from the vacating, closing and discontinuance of the portion of same.
The said portion of the street being closed is described as follows:
BEGINNING AT THE NORTHWEST CORNER OF LONG CREEK DRIVE AND
BROAD BAY DRIVE, BEING THE SOUTHEAST CORNER OF LOT 6.
THENCE N 08° 35' 59" W, 165.17' TO A POINT, BEING THE NORTHEAST
CORNER OF LOT 6, THENCE N 69° 53' 24" E, 30.62' TO A POINT BEING THE
NORTHWEST CORNER OF LOT 20. THENCE S 08° 35' 59" E, 164.04' TO A
POINT, BEING THE SOUTHWEST CORNER OF LOT 20. THENCE S 67° 49'
39" W, 30.86' TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING
4,938 SQUARE FEET OR 0.113 ACRE.
The above street, Broad Bay Drive, is shown on that certain Exhibit entitled "EXHIBIT
STREET CLOSURE LOTS 6 & 20 BROAD BAY COLONY, VIRGINIA BEACH, VIRGINIA",
dated May 1, 1997, made by Ward M. Holmes, which exhibit has been submitted to the
Developmental Services Center of the City of Virginia Beach and is available for review, is made
a part hereof and is intended to be recorded with the Ordinance closing the aforedescribed
street.
At that time, any affected person may appear and be heard.
At the next regular meeting of the City Council after the report of the Viewers is received,
or as soon thereafter as the matter may be placed on the Council agenda, the undersigned will
Petition the City Council to vacate, close and discontinue the a portion of the street in the City of
Virginia Beach, Virginia as described above.
By'
~'Counsel
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET KNOWN AS BROAD BAY DRIVE AS SHOWN UPON THAT CERTAIN
EXHIBIT ENTITLED "EXHIBIT STREET CLOSURE LOTS 6 & 20 BROAD BAY COLONY,
VIRGINIA BEACH, VIRGINIA"; IN THE LYNNHAVEN BOROUGH, VIRGINIA BEACH,
VIRGINIA, WHICH EXHIBIT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Charley Bradley respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as
amended, the Petitioner applies for the vacating, closing, and discontinuance of a certain portion of
Broad Bay Drive which is more specifically described as follows:
BEGINNING AT THE NORTHWEST CORNER OF LONG CREEK DRIVE AND
BROAD BAY DRIVE, BEING THE SOUTHEAST CORNER OF LOT 6.
THENCE N 08° 35' 59" W, 165.17' TO A POINT, BEING THE NORTHEAST
CORNER OF LOT 6, THENCE N 69° 53' 24" E, 30.62' TO A POINT BEING THE
NORTHWEST CORNER OF LOT 20. THENCE S 08° 35' 59" E, 164.04' TO A
POINT, BEING THE SOUTHWEST CORNER OF LOT 20. THENCE S 67° 49'
39" W, 30.86' TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING
4,938 SQUARE FEET OR 0.113 ACRE.
2. That no inconvenience will result to any persons by reason of said closing, vacating,
and discontinuance of a portion of said street; and the Petitioner prays that this Honorable Council
appoint Viewers as provided by law to view said platted street proposed to be closed and to report
in writing to the Council as soon as practicable as to whether ~n the opinion of said Viewers, what
inconvenience, if any, would result from the discontinuance and closing of a portion of said street,
as herein reported and described
3. That on June 15th and June 22nd, 1997, notice of the presenting of this application
was published in the Virginia Beach Beacon of the Virgiman Pilot-Ledger Star, a newspaper of
general circulation in the City of Virglma Beach, Virginia as evidenced by the Affidavit and Notice
attached hereto
4 That the applicant has ~nformed me that the fee simple owners of all land along and
adjacent to and affected by a portion of the platted street being closed are your Petitioner herein, and
Charlotte A. Carraher
Respect~fl~j
By' C~
/Of C~tfnsel
AFFIDAVIT
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit'
I, Stephen J. Davis, attorney for Charley Bradley, being duly sworn, deposes and states:
1. That I am an attorney at law and represent Charley Bradley
.
That I, on behalf of Charley Bradley, have arranged for and intend to publish, on
June 15th and June 22nd, 1997, notice of the preseming of the application to close
a portion of that certain street known as Broad Bay Drive located in the City of
Virginia Beach, Virginia in the Virginia Beach Beacon, a newspaper of general
circulation in the City of Virginia Beach, Virginia.
,
That the Affidavit of publication certifying the dates of publication will be
forwarded to the City Attorneys Office upon receipt.
And further the deponent saith not.
Subscribed and sworn to before me this ~ day of June, 1997 by Stephen J. Davis, Esq.
NStary Publi~ f
-Kimberly IP. Eskridge
My commission expires: July 31, 2000
STEPHEN J DAVIS
GREGORY A. GIORDANO
ROBERT J. HADDAD**
JEFFREY B. HAMMAKER
DOUGLAS L. HORNSBY
K DWAYNE LOUK
ROBERT {3. MORECOCK
LISA P. O'DONNELL
BEVERLY A. REBAR
ROBERT E. RULOFF
THOMAS B. SHUTrLEWORTH*
JEFFREY T. TALBERT
LAWRENCE H. WOODWARD, JR
SHUTTLEWORTH, RULOFF & GIORDANO, P.C.
A'ITORNEYS AND COUNSELORS AT LAW
CORPORATE CENTER
4425 COre, ORATION LA~
5urm 300
VtR{3INL~ BEACH, VmGIN~A 23462-3103
TELEPHONE: (7:57) 671-6000
REAL ESTATE FACSIlVHLE: (757) 671-6005
LITIGATION FACSIMILE: (757) 671-6004
BUSINESS AND CORPORATE FACSIMILE: (757) 671-6003
DIRECT DIAL NUMBER
CERTIFICATE OF VESTING OF TITLE
OF COUNSEL
RICHARD D. GUY
NEWPORT NEWS OFFICE'
603 PILOT HOUSE DRIVE
SUITE 250
NEWPORT NEWS, VIRGINIA 23606-1980
TELEPHONE (757)
FACSIMILE: (757) 873-9758
NORFOLK OFFICE
PLAZA OFFICE BUILDING
550 EAST MAIN STREET
SUITE 607-F
NORFOLK, VA 23510
TELEPHONE: (757) 623-2000
I, Stephen J. Davis, attorney for Charley Bradley, do hereby certify that:
1. I am an attorney at law and represent Charley Bradley.
2. If the property described below is discontinued, closed and vacated by the City
Council of the City of Virginia Beach,Virginia, then, based on the status of title revealed by the
records in the Clerk's Office of the Circuit Court of the City of Virginia Beach as of this date and
upon purchase of said property from the City of Virginia, Beach, title to said property, subject to any
restrictions, conditions and easements applicable to said property, will vest in the adjoining
property owners, Charley Bradley and Charlotte A. Carraher.
3. The said property referred to herein is described as follows:
BEGINNING AT THE NORTHWEST CORNER OF LONG
CREEK DRIVE AND BROAD BAY DRIVE, BEING THE
SOUTHEAST CORNER OF LOT 6. THENCE N 08° 35' 59" W,
165.17' TO A POINT, BEING THE NORTHEAST CORNER OF
LOT 6, THENCE N 69° 53' 24" E, 30.62' TO A POINT BEING
THE NORTHWEST CORNER OF LOT 20. THENCE S 08° 35'
59" E, 164.04' TO A POINT, BEING THE SOUTHWEST
CORNER OF LOT 20. THENCE S 67° 49' 39" W, 30.86' TO THE
POINT OF BEGINNING. SAID PARCEL CON'
SQUARE FEET OR 0.113 ACRE.
Shuttlew/9~/
By: ///
/ Steti
iodanING 4,938
o, P.C.
~r~. l~avis
June 9, 1997
Ld
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Item V-K. 9. a.b.
ORDINANCES
ITEM # 42400
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinances to authorize acquisition of property in fee simple'
ao
Right-of-way for Elbow Road Extended- Phase I (CIP 2-
006.00), (from the existing intersection of Salem and Elbow
Roads to the Newcastle Elementary School stte), including
temporary and permanent easements of right-of-way, by
agreement or condemnation.
b. Great Neck Road - Phase IV~London Bridge Road - Phase III
(CIP 2-13 7) and London Bridge Road- Phase II (CIP 2-140):
Location and destgn features of the proposed project (Public
Hearing conducted 4 December 1996), acquire all rights-of-
way necessary with certtfication to VDOT , and, authorize all
necessary utility and other easement agreements.
Vottng'
I0-0 (By ConsenO
Councd Members Voting ,dye:
John A. Baum, Linwood 0 Branch, III, Wtlham IV. Harrison, Jr., Harold
Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan,
Mayor Meyera E Oberndorf, Nancy K Parker and V. ice Mayor Wilham
D Sessoms, Jr
Council Members Voting Nay.
None
Council Members Absent.
Louisa M. Strayhorn
July 8, 1997
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AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY
FOR GREAT NECK ROAD-PHASE IV/LONDON
BRIDGE ROAD - PHASE III (CIP 2-137) AND
LONDON RIDGE ROAD - PHASE II (CIP 2-140)
AND THE ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS OF RIGHT OF WAY,
EITHER BY AGREEMENT OR CONDEMNATION
WHEREAS, in the opinion of the Council of the
City of Virginia Beach, Virginia, a public necessity exists for the
construction of this important roadway to provide transportation
and for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes
the acquisition by purchase or condemnation pursuant to Sections
15.1-236, ~, 15.1-898, 15.1-899, and Section 33.1-89, et
~, Title 25-46.1 ~, Code of Virginia of 1950, as amended,
all that certain real property in fee simple, including temporary
and permanent easements of right of way as shown on the plans
entitled Great Neck Road - Phase IV/London Bridge Road - Phase III,
Project CIP 2-137, and London Bridge Road, Phase II, Project CIP 2-
140, these plans being on file in the Engineering Division,
Department of Public Works, Virginia Beach, Virginia.
Section 2. That the City Manager is hereby
authorized to make or cause to be made on behalf of the City of
Virginia Beach, to the extent that funds are available, a
reasonable offer to the owners or persons having an interest in
said lands. If refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the 8th day of July ,
1997.
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AN ORDINANCE TO AUTHORIZE
ACQUISITION OF PROPERTY IN FEE
SIMPLE FOR RIGHT OF WAY FOR ELBOW
ROAD EXTENDED - PHASE I (CIP 2-
006.00) AND THE ACQUISITION OF
TEMPORARY AND PERMAiNENT EASEMENTS
OF RIGHT OF WAY, EITHER BY
AGREEMENT OR CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the construction
of this important roadway to provide transportation and for other public
purposes for the preservation of the safety, health, peace, ~ood order,
comfort, convenience, and for the welfare of the people in the City of
Virginia Beach-
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA'
Section 1. That the City Council authorizes the
acquisition by purchase or condemnation pursuant to Sections 15.i-236,
e__t seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq., Title 25-46.1
et seq., Code of Virginia of 1950, as amended, of all that certain real
property in fee simple, including temporary and permanent easements of
right of way as shown on the plans entitled "Elbow Road Extended - Phase
I," these plans being on file in the Office of Real Estate Department of
Public Works, Virginia Beach, Virginia.
Section 2. That the City Manager is hereby authorized
to make or cause to be made on behalf of the City of Virginia Beach, to
the extent that funds are available, a reasonable offer to the owners or
persons having an interest in said lands. If refused, the City Attorney
is hereby authorized to institute proceedings to condemn said property.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8th , 1997.
day of Julv
CA-#
PWALDOkWALKER\ELBOWRDkELBOWRD.ORD
R-1
APPROVED AS TO LEGAL
SUFFICI~~ FORM
~ CITY ATTORNEY
SWMF (
facility)
PROPOSED
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ELBOW
ROAD
EXTENDED
PHASE I ~~-
#2-006.00~
SCALE: 1" : 00'
TY OWNED R/W
PREPARED BY P/W ENG. DRAFT. 6/23/97
VDOT Location
and Design
Public Hearing
Approval
Resolution
LOCATION AND DESIGN
PUBLIC IIEARING APPROVAL
RESOLUTION
WItEREAS, a Location and Design Public Hearing was conducted December 4, 1996
in the City of Virginia Beach by representatives of the Virginia Department of Transportation
after due and proper notice for the purpose of considering the proposed location and design
of Great Neck Road- Phase IV/London Bridge Road- Phase HI, VDOT Project # U000-134-
V29 & London Bridge Road - Phase II, VDOT Project # U000-134-V30 in the City of
Virginia Beach, at which drawings and other pertinent information were made available for
public inspection in accordance with the state and federal requirements; and
WHEREAS, all persons and parties in attendance were afforded full opportunity to
participate in said public hearing; and
WHEREAS, representatives of the City of Virginia Beach were present and
participated in said hearing; and
WHEREAS, the Council had previously requested the Virginia Department of
Transportation to program this project; and
WHEREAS, the Council had considered all such matters; now
THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach
hereby approves the location and major design features of the proposed project as presented
at the Public Hearing; that thc City of Virginia Beach will acquire all fights-of-way necessary
for this project and certify same to the Department at the appropriate time; and
BE IT FURTHER RESOLVED, that the Director of Public Works is hereby
authorized to execute, on behalf of the City of Virginia Beach, all necessary utility
agreements required in conjunction with acquiring such rights-of-way.
Adopted this 8rh day of 3uly 1997, City of Virginia Beach, Virginia.
ATTEST:
Clerk of Council
Mayor/City Manager
APPROVED
OUI~ #~
POLICY REPORT
POLICY REPORT NUMBER
GREAT NECK ROAD - PHASE IV/LONDON BRIDGE ROAD - PHASE III (CIP 2-137) &
LONDON BRIDGE ROAD - PHASE II (ClP 2-140) LOCATION & DESIGN PUBLIC
HEARING
BACKGROUND
Great Neck Road - Phase IV/London Bridge Road - Phase III (CIP 2-137) and London
Bridge Road - Phase II (CIP 2-140) are Virginia Department of Transportation (VDOT)
projects. Gmat Neck Road- Phase IV/London Bridge Road- Phase III (CIP 2-137)is for
construction of a four-lane divided highway from International Parkway to Potters Road
and a six-lane divided highway from Potters Road to Virginia Beach Boulevard, a total
distance of approximately 2.5 miles. London Bridge Road - Phase II (CIP 2-140) is for
construction of a four-lane divided highway from Shipps Corner Road to International
Parkway, a distance of approximately 1.4 miles. (See the attached maps).
These projects first appeared in the FY 1990-91 CIP, at estimated costs of $7,103,000 for
Groat Neck Road - Phase IV/London Bridge Road - Phase Iii (CIP 2-137) and $4,860,000
for London Bridge Road - Phase II (CIP 2-140). City Council has adopted resolutions
requesting VDOT to program these projects.
VDOT conducted a Location & Design Public Hearing for these projects on December 4,
1996, to inform the public and to provide an opportunity for input into the location and
design of the improvements proposed, and to describe present status and future activities.
Designs are currently at the Field Inspection (55%) level of development.
CONSIDERATIONS
These roadway improvements, six lanes from Virginia Beach Boulevard to Potters Road
and four lanes from Potters Road to Shipps Comer Road, will relieve vehicular congestion
along this heavily travelled transportation corridor while enhancing access to Oceana
West Industrial Park and Oceana Naval Air Station.
Since Federal funding is involved, VDOT studied the potential for noise impacts to seven
sites located adjacent to the proposed roadway alignment, finding that existing traffic noise
levels would be increased following construction, and that one noise barrier may be
justified to protect four residences. Additionally, one citizen requested a sound wall, and
VDOT is evaluating that request.
The City will perform the required property acquisition for these projects, by either
agreement or condemnation, upon approval of the attached VDOT Location and Design
Public Hearing Approval Resolution and the Property Acquisition Ordinance There are
18 permanent building structures located within the confines of the proposed roadway
alignment for Great Neck Road - Phase IV/London Bridge Road - Phase III (CIP 2-137),
and all of these will be total property acquisitions. Seven other structures are reasonably
close to the alignment and may be considered as potential total property acquisitions in
additional to the aforementioned 18 parcels. Additionally, there are six mobile homes
within the alignment and another five close enough to the alignment to be considered as
possible acquisitions. The total estimated cost for acquisition is $2,459,000, which
includes relocations and all associated acquisition costs. (The City shara of acquisition
Policy Report
Great Neck Road/London Bridge Road
Page Two
is 2% or approximately $49,180). There are no total property takes within the London
Bridge Road - Phase II (ClP 2-140) project limits, and the total cost for acquisition is
$1,925,000. (The City share of acquisition is 2% or approximately $38,500).
PUBLIC INFORMATION
Approximately eighty citizens attended the Location & Design Public Hearing on
December 4, 1996, held at Lynnhaven Elementary School. Three spoke to the
record while thirty-three submitted comment sheets for consideration. Only four
objected to the planned improvements. Comments may be grouped into one of
several general categories: Property Access/Median Crossovers, Geometrics,
Traffic Signalization, Drainage, Undergrounding of Private Utilities, Sound Walls,
Property Acquisition, Tree Preservation, Bike Trails/Sidewalks, Route 44 Access,
Speed Limit, and Detour Map/Traffic Control. A summary of the comments with
recommendations is found in the attached "Public Hearing Issues and
Recommendations'. A transcript of the verbal comments and copies of all the
written comments are also attached.
ALTERNATIVE COURSES OF ACTION
VDOT conducted a transportation study of the South Great Neck Road/London
Bridge Road corridor and found that current traffic volumes exceed the existing
roadway design capacity. In 1994, South Great Neck Road had an average daily
volume of 20,000 vehicles while London Bridge Road experienced an average daily
volume of 21,700 vehicles. Daily traffic volumes in 2012 are projected to increase
to approximately 40,000 vehicles per day on South Great Neck Road and 25,000
vehicles per day on London Bridge Road. With these future traffic demands,
congestion will be more frequent and more severe without the proposed roadway
improvements.
BUD(~ETARY IMPACT~; & (~ .QN$1DERATIONS
Great Neck Road - Phase IV/London Bridge Road - Phase III (ClP 2-137) and London
Bridge Road - Phase II (ClP 2-140) are both fully funded in the FY 1997-98 ClP. The total
budgetary cost estimate is $12,331,000 for Great Neck Road - Phase IV/London Bridge
Road - Phase III. The total programmed City cost share is $1,380,480. The total
budgetary cost estimate is $9,152,100 for London Bridge Road - Phase II. The total
programmed City cost share is $906,380.
The site acquisition process is scheduled from July 1997 - July 1999, and construction will
be from November 1999 - November 2001. It is planned that both projects will comprise
one bid package.
If the City cancels these projects, the City must reimburse VDOT at least $2,022,324.02
for work perfonT,~ to date. The VDOT expenditure to date for Great Neck Road - Phase
IV/London Bridge Road - Phase III is $1,477,453.60, and the expenditure for London
Bridge Road - Phase II is $544,870.42.
RECOMMENDATION
Staff recommends that City Council approve the roadway location and major design
features presented at the Location & Design Public Hearing by adopting the VDOT
Location and Design Public Hearing Approval Resolution, and authorize acquisition
of property in fee simple for right of way, and acquisition of temporary, and
permanent easements, either by agreement or condemnation, by adopting the
Property Acquisition Ordinance.
Policy Report
Great Neck Road/London Bridge Road
Page Three
Sub~it~:l by: ,., x.~ .
D~pa~ment~ Dir~:~0r - ~
/
Reviewedby:
~Mana~g'e' r
Date:
Project
Location Maps
VD.
BLVD,
R/R TR
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OCEANA NAVAL AIR STATION
USN
)'IONAL
Possible Noise Wall Locafions
GREAT NECK ROAD-PHASE IV
DON BRIDGE ROAD-PHASE Iii
SCALE: 1
PREPARED BY P/W ENG. DRAFT. 6/25/97 (GNLB.DGN)
~'IONAL
OCEANA NAVAL A STATION
USN
LONDON BRIDGE
ROAD EX TENDED
,./
"= 1600
PREPARED BY P/W ENG. DRAFT. 6/25/97 (GNLBI.DGN)
Great Neck Road - Phase IV / London Bridge Road - Phase III (CIP-2-137)
London Bridge Road - Phase II (CIP 2-140)
Location and Design Public Hearing Issues and Recommendations
CONSIDERATIONS OF PUBLIC ISSUES:
Copies of all Virginia Beach citizen comments received are enclosed in the Public Hearing
Transcript. Each of the thirty-six (36) comments are identified and discussed with staff's and
VDOT's recommendation.
PUBLIC INFORMATION
Public Comments 5, 20, 21, 24, 28, 29, 35, and 36. Prooertv Access/Median Crossovers:
Mr. Ralph A. Harrell (5) requests that wide driveway aprons be installed for ingress/egress
for his existing circular driveway.
Response/Recommendation:
VDOT agrees that Mr. Harrell's entrances will be replaced in kind.
Gilbert & Son Enterprises, LTD (20), Mr. Richard L. Good (21), and Ms. Klm Williamson,
Tasteful Treasures, Inc. (36), request a median crossover to serve the existing business
located at 1364 London Bridge Road.
Response/Recommendation:
The City and VDOT have evaluated this request for compliance with established design
guidelines and agree to provide the median crossover.
Mr. James L. Matthews (24) requests that a second property entrance or driveway apron be
added to compliment his existing property entrance for enhanced ingress/egress safety.
Response/Recommendation:
This request has been evaluated by the City and VDOT and cannot be approved. Mr.
Matthews' existing entrance will be replaced in kind. Adequate area exists on site to
accommodate vehicle turnaround maneuvers.
Mr. John G. Parker (28) requests a median crossover to serve the existing business located
at 1356/1372 London Bridge Road.
Response/Recommendation:
The City and VDOT have evaluated this request for compliance with established design
guidelines and agree to provide the median crossover.
Mr. Carlton E. Seay (29), The Seay Company, Inc., requests a median crossover and property
entrance be provided just north of the existing railroad right-of-way on South Great Neck
Road, to serve the existing office building located at 220 Great Neck Road, thereby limiting
impact on and the configuration of existing on-site parking.
Response/Recommendation:
The City and VDOT have evaluated this request for compliance with established design
guidelines and agree to provide the median crossover and property entrance.
Ms. Shirley F. Widgeon (35) requests a median crossover and driveway apron to serve
property located directly across from the existing entrance to the NAS Oceana Fuel Farm
with the crossover and apron in alignment with the fuel farm entrance.
Response/Recommendation:
The City and VDOT agree that the requested driveway apron and median crossover are in
compliance with established design guidelines and will be provided with project
construction.
Public Comments 11, 27, 30, and 32..Geometries:
Mr. Jim Rmns%, (11) requests that the cul-de-sac proposed for Southern Boulevard at South
Great Neck Road be constructed instead at the intersection of existing London Bridge Road
with Southern Boulevard. See attached drawing at end of this section.
Response/Recommendation:
The City and VDOT agree that this requested modification will benefit both the City and the
homeowner without jeopardizing established design guidelines. The proposed cul-de-sac
will be relocated as requested.
Mr. Arthur A. Nido (27) requests the expansion or widening of existing London Bridge
Road, with equal property acquisition widths per side, to defme the new fight-of-way
corridor.
Response/Recommendation:
The City and VDOT agree that the alignment shown at the Location and Design Public
Heating, which creates a new roadway corridor for approximately 1,900 feet of London
Bridge Road just south of Potters Road, thereby aligning with existing South Great Neck
Road at the Potters Road intersection, is the best possible alignment alternative.
Mr. Bartlett Teachout (30) requests that the widening of Potters Road, just east and west of
the proposed intersection of relocated London Bridge Road with Potters Road and South
Great Neck Road, be accomplished leaving equal distances between residences and new
roadway.
Response/Recommendation:
The plans shown at the Location and Design Public Hearing widen the existing segment of
Potters Road, located west of its intersection with South Great Neck Road, on the south side
to soften or flatten roadway curvature in this vicinity, thereby enhancing safety. However,
distances between residences and new roadway are generally equal on both sides.
Additionally, widening of the existing segment of Potters Road, located east of its
intersection with South Cheat Nec& Road, is designed so that distances between new roadway
and residences are generally equal on both sides (see plan sheet excerpts attached to
comment sheet).
Mr. William L. Tillman (32) requests consideration for a more gradual roadway curvature
for the widening of London Bridge Road just north of the intersection with International
Parkway.
Response/Recommendation:
The Location and Design Public Hearing plans offer the safest possible roadway curvature
at this location while limiting as much as possible the acquisition of property from the
established Lillian Vernon site.
Public Comments 1, 2, 3, 12, 15, 16, 17, 18, 22, 25, and 26. Traffic Signalization:
Mr. Jan Jaworsky (1), Mr. and Ms. Thomas D. Ewell (2) (17) (18), Ms. Betty Gay (3), and
Mr. and Ms. Ronald S. Banzi (12) request a traffic signal at South Adventure Trail. Ms.
Denella C. Drennan (15), requests a traffic signal at South Adventure Trail, or Bullock Trail,
or Central Drive, while Mr. Thomas Drennan (16) suggests South Adventure Trail or Bullock
Trail. Ms. Irene Moore (26) and Mr. Damon Moore (25) request a traffic signal at Central
Drive. Ms. Karen L. Green (22) requests a protected left mm green traffic signal for
eastbound Potters Road traffic onto northbound London Bridge Road (existing).
Response/Recommendation:
Traffic signals are currently planned for the intersections of relocated London Bridge Road
with Potters Road and South Great Neck Road, and London Bridge Road with International
Parkway. The City and VDOT agree that additional traffic signals are not warranted.
However, underground conduit will be installed in conjunction with the roadway
construction to accommodate placement of a future traffic signal at the intersection of
London Bridge Road with Central Drive.
The traffic signal located currently at the existing Potters Road/London Bridge Road
intersection will not be needed and will be relocated with the proposed roadway
construction.
Public Comments 3, 6, and 9.
Ms. Betty Gay (3) requests piped drainage along London Bridge Road to lessen potential for
mosquitos.
Response/Recommendation:
Piped drainage is proposed for the northernmost segment of London Bridge Road through
the established resident/al area. Open ditches are planned for the southernmost segments of
London Bridge Road through existing commercial and undeveloped commercial and
government owned properties, in keeping with the rural character of these areas.
Mr. C. E. Harris, Jr. (6) requests that piped drainage be provided across the frontage of his
properties (Parcels 19 and 21).
Response/Recommendation:
VDOT has agreed to redesign the drainage system in this particular area to eliminate the
previously proposed drainage ditch.
Mr. and Mrs. Michael Lang, Sr. (9) request evaluation of stormwater accumulation in
existing driveway. The Lang's reside at 120 London Bridge Road (northeast corner of
London Bridge Road and Potters Road) and suggest that problem may be caused by roadway
elevation changes resulting from maintenance repaving over the years.
Response/Recommendation:
This situation will be corrected with the project.
Public Comments 1, 2, 3, 5, and 18...Undergroundin~ of Private Utilities:
Ms. Jan Jaworsky (1), Mr. and Ms. Thomas D. Ewell (2) (18), Ms. Betty Gay (3), and Mr.
Ralph A. Harrell (5) request that private utilities be placed underground.
Response/Recommendation:
This corridor is not currently, nor is it recommended to be, a underground utility corridor.
The undergrounding of existing overhead private utilities is cost prohibitive and will not be
recommended for this project.
Public Comment 8. Sound Walls:
Mr. and Ms. George A. Jones (8) request construction of a noise wall for aesthetics as well
as function.
Response/Recommendation:
VDOT will study sound wall feasibility. However, City staff contend that such close
proximity to NAS Oceana air traffic renders a sound wall totally ineffective at this vicinity.
Public Comments 19, 29, 32, and 33. Property Acquisition:
Ms. Barbara Fichter (19) requests more information concerning configuration and area of
proposed property acquisition. Mr. Carlton E. Seay (29) requests redesign to lessen property
acquisition impact to existing parking for existing office building. Mr. William L. Tillman
(32) requests that property acquisition include existing structures that will be located within
the current minimum setbacks for new construction along the new roadway when completed.
Mr. and Ms. Robert A. Urquhart (33) request expeditious property acquisition/relocation
process.
Response/Recommendation:
These requests will be addressed during the right-of-way acquisition/negotiation process.
Every effort will be made by the City to expedite the property acquisition/relocation process
and to lessen the impacts on property owners and tenants.
Public Comments 5, 17, and 23. Tree Preservation:
Mr. Ralph A. Harrell (5) requests preservation of existing trees and shrubs along right-of-
way if possible. Mr. Tom Ewell (17) and Ms. Marilyn Mason (23) request less acquisition
of existing woodlands.
Response/Recommendation:
The City and VIX)T agree that impacts to existing wooded areas should be kept to a
minimum where possible. Tree protection measures will be utilized where needed.
Public Comments 1, 3, 7, 18, and 30. Bike Trails/Sidewalks:
Mr. Jan Jaworsky (1) and Ms. Ellen Holloman (7) request that bike trails be provided. Mr.
and Ms. Thomas D. Ewell (18) suggest bike trails for both travel directions. Ms. Betty Gay
(3) requests that bike trail width be increased from 8 feet to 10 feet. Mr. Bartlett Teachout
(30) requests a sidewalk be provided on the south side of Potters Road.
Response/Recommendation:
An 8' wide bikeway is currently planned on the east side of the proposed roadway
improvements. The standard City roadway typical section calls for only one 8' wide bikeway
located on either side of the proposed roadway improvements. Sufficient right-of-way will
be acquired to accommodate a single 10' wide bikeway, and the City has requested that
VDOT change the current design to incorporate a 10' wide bikeway. The current plans show
sidewalk on the south side of widened Potters Road.
Public Comments 14, 30, and 31. Route 44 Access:
Mr. J. R. DeFilippo (14) and Mr. Bartlett Teachout (30) (31) request access ramps to Route
44.
Response/Recommendation:
Access to Route 44 from South Great Neck Road is not included in the project scope and
would be cost prohibitive.
Public Comments 8 and 12. Soeed Limit:
Mr. and Ms. George A. Jones (8) and Mr. and Ms. Ronald S. Banzi (12) request
consideration for lower speed limits within residential vicinity.
Response/Recommendation:
It is planned that the residential vicinity speed limit will be posted at 45 mph with
commercial and open area speed limits set at 55 mph. The City's Public Worksfrraffic
Engineering Division will monitor speeds following construction.
Public Comment 4. Detour Map/Traffic Control;
Mr. John V. Martin (4) requests that a detour map be published in the local newspaper to
assist citizens in understanding any proposed detour routing.
Response/Recommendation:
Detours are not planned for this project. Construction will proceed on two new lanes while
traffic uses the two existing lanes. Once the two new lanes are complete, traffic will be
switched over to them, while the two existing lanes are reconstructed.
Great Neck Road - Phase IV / London Bridge Road - Phase III (CIP 2-137)
London Bridge Road - Phase II (CIP 2-140)
Location and Design Public Hearing Issues and Recommendations
CONSIDERATIONS OF NAVAL AIR STATION (NAS) OCEANA ISSUES:
Copies of all NAS Oceana comments received are enclosed in the Public Hearing Transcript.
Each of the seven (7) comments are identified and discussed with staff's and VDOT's
recommendation.
NAS Oceana Comment 1:
Sheets 10 and 13: Demolition of the existing pavement is shown at the new entrances to the
NAS Oceana roads leading to the old mini-bike park Oust south of STA 161+00) and to the
fuel farm, but new pavement is not indicated at the entrances.
Response/Recommendation:
This comment is based on mistaken interpretation of construction plan symbolism.
Demolition of existing pavement is shown as well as new pavement at both of the entrances
in question.
NAS Oceana Comment 2:
Sheet 10: It is requested that a mm-out lane be provided for the northbound lane at the
entrance to the NAS Oceana fuel farm.
Response/Recommendation:
This issue was discussed in a meeting between City/VDOT/NAS Oceana personnel on
March 18, 1997. All parties agree that a mm-out lane or right-mm lane is not needed.
Instead, radii will be increased to 35 feet at the entrance to the NAS Oceana Fuel Farm.
NAS Oceana Comment 3:
Sheet 13: Demolition of the existing pavement is shown at the new entrance to the NAS
Oceana road leading to the old mini-bike park Oust south of STA 161+00), but new
pavement is not indicated at the entrance.
Response/Recommendation:
This comment is a restatement of a portion of NAS Oceana Comment 1.
Response/Recommendation above.
See
NAS Oceana Comment 4:
Sheet 8: The plans show that the west end of the existing Boat and Camper Shop is in
conflict with the proposed sidewalk and is within a couple of feet of the new east lane of
London Bridge Road. However, demolition of the existing Boat and Camper Shop is not
indicated. In fact, the plans show a new entrance to this facility. Since this facility will no
longer be usable to the Navy as a result of this project, request that the entire facility be
demolished, including all pavements and improvements, and the area restored to natural
conditions. Also, as previously discussed, it is our understanding that VDOT will relocate
the Boat and Camper Shop to another site to be selected by NAS Oceana. A conceptual plan
showing the proposed plans for the new facility were faxed to Mr. Leo Rutledge in your
Richmond office on December 12, 1996.
Response/Recommendation:
Issues concerning impacts to the existing NAS Oceana Boat and Camper Shop were
discussed in a meeting between CityNDOT/NAS Oceana personnel on March 18, 1997. All
parties agree that impacts to the Boat and Camper Shop are unavoidable to maintain
acceptable standards for roadway curvature in this vicinity, while lessening, to the greatest
extent possible, impacts to the established Lillian Vernon commercial enterprise. The City
and VDOT have agreed to consider the NAS Oceana request for demolition of the existing
Boat and Camper Shop, restoration of the site to natural conditions, and construction of a
replacement Boat and Camper Shop facility on a site selected by NAS Oceana. VDOT is
reviewing the Department's contractual requirements for architectural service to design the
replacement building. The City will pursue with NAS Oceana, the use of facility design and
construction costs to deft'ay expenses associated with acquisition of needed roadway right-of-
way.
NAS Oceana Comment 5:
In a previous letter to VDOT, we expressed our concerns with proposed stormwater
man~ement and suggested an alternative design be developed, or the proposed stormwater
management basin be relocated to the agricultural field immediately south of the proposed
location. As discussed in that previous letter, Navy policy discourages ponded water in
certain locations near airfield runways. However, locations where bird activity is not
anticipated to cross major aircraft flight routes may be suited to the use of wet ponds. We
would like this proposed stormwater control basin to be relocated to the agricultural field
immediately south of the proposed site in order to conserve a mature stand of trees. This
should preserve the natural stormwater control capacity of the area, reduce project costs and
reduce potential Bird/Aircraft Strike Hazard (BASH).
Response/Recommendation:
VDOT and the City agree that the proposed stormwater control basin will be relocated to the
agricultural field immediately south of the previously proposed site, thereby conserving a
mature stand of trees and reducing potential Bird/Aircraft Strike Hazard (BASH).
NAS Oceana Comment 6:
Although not detailed in the drawings, it is our understanding that landscaping will be
provided as a mitigation measure for removal of the trees on NAS Oceana property along the
east side of the existing London Bridge Road. NAS Oceana representatives met with the
City of Virginia Beach some months ago and developed conceptual drawings showing the
proposed fencing, gate and landscaping locations. My staff has contacted Mr. Bobby Pugh,
VDOT Project Engineer, and Mr. Bob Boyette, Project Manager for the City of Virginia
Beach, to request a copy of those conceptual plans. These will be forwarded to you upon
receipt for further landscaping and gate location planning.
Response/Recommendation:
The City has provided conceptual landscaping/fencing plans to NAS Oceana personnel for
review, comment, and confirmation of requested gate locations.
NAS Oceana Comment 7:
Finally, please coordinate these plans with the contractor who owns the jet fuel supply lines
which nm underneath London Bridge Road to insure that there will be no interruption in jet
fuel delivery to NAS Oceana.
Response/Recommendation:
VDOT will add notes to the project construction documents to assure roadway contractor
coordination with the owner of the existing jet fuel supply line.
Great Neck Road - Phase IV / London Bridge Road - Phase III (CIP 2-137)
London Bridge Road - Phase II (CIP 2-140)
Location and Design Public Heating Issues and Recommendations
CONSIDERATIONS OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
ISSUES:
Copies of all Virginia Beach Development Authority (VBDA) comments received are
enclosed in the Public Hearing Transcript. Each of the seven (7) drainage comments and
four (4) access comments are identified and discussed with Staff's and VDOT's
recommendation.
VBDA Comment 1:
VDOT Sheet 7C - Crusader Circle - The plans do not identify the course of the water as it
is discharged from structure 7C-2. It appears as though the structure is located outside of the
existing ditch and drainage easement of record that currently handles stormwater between
Crusader Circle and Canal Number 2. As shown on the plans, the discharge from this
structure would flow across the Authority's property. We are also concerned that the outfall
invert shown for structure 7C-2 is substantially lower than the existing grade, which our
topographic plans indicate at about 11.0. The Virginia Beach Development Authority
(VBDA) staff requests from VDOT the location of the existing ditch and easement and the
identification of existing grades along the ditch centedine.
Response/Recommendation:
VDOT's Location and Design Department has reviewed this issue. They found the existing
ditch invert at this location is 3.60, while the proposed invert at the structure 7C-2 out-fall is
2.88. VDOT reports that the inverts can be made to match and the proposed alignment
modified to cause compatibility of proposed with existing drainage facilities.
VBDA Comment 2:
VDOT Sheet 7C - Crusader Circle - The plans do not indicate any pollutant removal at
structure 7C-2 prior to discharge into Canal Number 2. We recommend that a stormwater
BMP be constructed at this location to accommodate pollutant removal.
Response/Recommendation:
VDOT's location and Design Department agrees that it is possible to provide a stormwater
B MP at this location. However, the increase in impervious area is only 1.54 acres.
Stormwater BMP's for discharge to Canal Number 2 are shown on construction drawing
sheets 9 and 10.
VBDA Comments 3 and 4:
Comment 3, VDOT sheet 7C - Crusader Circle - Authority staff requests full calculations to
prove the following:
The existing ditch located near structure 7C-2, which currently handles the discharge
from Crusader Circle, can accommodate the amount of additional discharge coming
from London Bridge Road; and
b)
The existing 21" and 42" downstream drainage pipes can handle the increased amount
of flow. We are particularly concerned about water backing up in the existing ditch
and pipe system, which might create flooding on existing sites south of Crusader
Circle.
Comment 4, VDOT Sheet 9B - London Bridge Road South- The VDOT plans indicate the
addition of a second 60" culvert to parallel the existing 60" pipe carrying water under the
road from west to east. The water comes from a ditch on the east side of London Bridge
Road which collects runoff from the road and the Oceana Naval Ak Station property. The
runoff discharges on the west side of the road into an existing ditch on OWCP property,
which eventually flows into Canal Number 2. The VDOT plans call for 300 linear feet of
ditch improvements downstream of the ouffall. We question whether the limited ditch
improvements proposed will be able to accommodate the additional flow from the second
culvert. We are also concerned about potential problems downstream, given the odd angle
of the ditch 100' past the ouffall. Authority staff requests full drainage calculations from
VDOT to prove that the proposed ditch improvements do not need to be extended to Canal
Number 2 and that flooding will not occur on VBDA land outside the banks of the ditch.
Response/Recommendation:
VDOT's Location and Design Department has provided calculations to support the proposed
drainage improvements.
VBDA Comments 5 and 6:
Comment 5, VDOT Sheets 9B and 10B - London Bridge Road South - To protect the
aesthetic quality within the limits of the park, Authority staff requires 15' wide landscape
buffers outside of the proposed chain link fencing surrounding the stormwater management
basins. The landscape buffers should be designed to screen the basins from the road and all
adjacent VBDA property. The buffers should be planted with double rows of staggered
evergreen shrubs, with a minimum installation height of 5-6'. We also recommend that the
proposed fencing be constructed of black vinyl-clad chain link. In lieu of the screening
shrubs and enhanced fence treatment, Authority staff requires VDOT to purchase an
additional 50' of land around the perimeters of the proposed permanent drainage easements
to serve as screening buffers. The existing vegetation within the 50' buffers should be
maintained by VDOT in an undisturbed state.
Comment 6, VDOT Sheets 9B and 10B - London Bridge Road South- Authority staff
requires VDOT to purchase the areas within the proposed permanent drainage easements in
fee simple. The proposed basins are of no value to the Authority unless they are sized to
accommodate drainage from the adjacent OWCP parcels. In lieu of purchasing the property,
Authority staff requires VDOT to size the basins to handle the runoff from the adjacent
VBDA property.
Response/Recommendation:
The City prefers purchase in fee simple of the areas encompassing the proposed stormwater
management basins, which are sized to accommodate drainage from the roadway
improvements only. The City also prefers to purchase additional property around the
perimeter of the stormwater management basins, thereby preserving the aesthetic quality of
existing vegetation in an undisturbed state to serve as the required landscape buffer.
However, the City remains open to further discussion of these issues with the VBDA during
the project fight-of-way acquisition phase.
VBDA Comment 7:
VDOT Sheet 12-B - London Bridge Road South - The construction of the proposed
temporary sediment basin and the Taylor family's development of proposed Taylor Farm
Road will likely prohibit the future development of the southern portion of existing Parcel
Q. The cost to remove the sediment from the temporary basin and to import suitable baclffill
material will create an expense that will render the parcel too expensive to develop. As
stated in Langley & McDonald's review letter of the Taylor Farm Master Plan (dated July
29, 1996), the construction of Taylor Farm Road will divide Parcel Q into two pieces,
leaving the southern portion with a total area of approximately 0.9 acres. The developable
area of the new southern parcel, Q-l, will be reduced by roughly one half with the
construction of the temporary sediment basin. Authority staff required VDOT to purchase
in fee simple the entire parcel Q-1 created by the construction of Taylor Farm Road.
Response/Recommendation:
The referenced sediment basin is proposed as temporary and will be encompassed by a
temporary construction easement. Upon completion of the VDOT roadway improvements,
the basin area will be restored to a condition comparable to that preceding roadway
construction activity.
VBDA Comments 8, 9, 10, and 11:
Comment 8, VDOT Sheet 8 - London Bridge Road South - Authority staff requests a median
crossover to be located approximately at Station 66+00 to provide access to Parcel CN- 1 and
the VBDA lands northward.
Comment 9, VDOT Sheet 11 - London Bridge Road South - To provide access to the
available VBDA property at the southwest comer of the intersection of London Bridge Road
and International Parkway, we recommend the addition of a median crossover located
approximately at Station 90+00.
Comment 10, L&M Sheet 6 - London Bridge Road North - Authority staff requests a median
crossover located approximately at Station 111+30 to provide access to Pared 93 from
London Bridge Road.
Comment 11, L&M Sheet 8 - London Bridge Road North - To accommodate fire access and
track traffic into the Lillian Vernon site, we recommend an additional median crossover to
be located approximately at Station 127+75. The median crossover should align with the
existing construction access road at the rear of the Lillian Vernon property.
Response/Recommendation:
VDOT's policy for placement of median crossovers is contingent upon proposed
development as depicted by site plan and/or subdivision construction drawings on file. At
present, the requested median crossover locations described in VBDA comments 8 and 9 are
not supported or justified in this manner and, therefore, VDOT has not agreed to design them
at this time. However, the City has evaluated these locations independently, finding that they
do not violate established design guidelines. To foster a cooperative City/VBDA spirit and
to enhance the potential for furore marketability of adjacent VBDA properties, the City has
requested that VDOT reconsider these median crossover locations.
VDOT has determined previously that median crossover locations described by comments
10 and 11 are not feasible for safety reasons. However, the City has evaluated these
locations independently, finding that they may be constructed, in conjunction with relatively
minor on-site improvements, without jeopardizing safety. Therefore, the City has requested
that VDOT reconsider these median crossover locations.
H
BLVDo
NEW CUL
LOCATION
DE
SAC
SOUTHERN
BLVD.
LO DO
BRIDG
ROAD
Public Hearing
Transcript
1 LONDON BRIDGE ROAD ROADWAY IMPROVEMENTS
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LOCATION AND DESIGN PUBLIC HEARING
OFFICIAL ORAL COMMENTS
VIRGINIA BEACH, VIRGINIA DECEMBER 4, 1996
LYNNHAVEN ELEMENTARY SCHOOL
4:00 P.M. - 8:00 P.M.
PROJECT NOS. U000-134-V29, PE-101
U000-134-129, RW-201, C-501
U000-134-V30, PE-101
U000-134-130, RW-201, C-501
Federal $ M-5403 (248)
$ STP-5403 (259)
REPORTING SERVICES PERFORMED BY: MICHELLE ANTHONY
MICHELLE ANTHONY & ASSOCIATES
VIRGINIA BEACH, V. IRGINIA
office (757) 479-9712 Fax (757) 479-9713
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(1) Jan Jaworsky
410 North Adventure Trail
Virginia Beach, Virginia 23454
·
In regards to the London Bridge Road
Expansion Project, I live on Adventure Trail just off of
London Bridge Road. My concerns are the increase in
traffic that will be brought by the expansion which will
necessitate putting traffic signals along London Bridge
Road. Right now I think one currently exists at Potters
Road and one at International Parkway.
I feel there should be also two more
traffic signals because of the number of homes in the
neighborhood. For instance, in Nottingham Estates there
are 56 homes and most of them are two car families at
the minimum. So that means we have well over a hundred
cars coming and going in the neighborhoods everyday.
We have another neighborhood right next
door, Nottingham South, which has 36 homes with
approximately the same number of cars, and there is
several other neighborhoods in-between those two
existing traffic lights.
Another concern of mine is that right
now the plans are not to do underground utilities. We
currently have aboveground wires, and once the project
is complete, we will still have aboveground wiring. I
feel for aesthetic reasons, if for nothing else, but
MICHELLE ANTHONY & ASSOCIATES
VIRGINIA BEACH, VIRGINIA
Office (757) 479-9712 Fax (757) 479-9713
1 during the process of digging up and doing new things
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down these roads, they should also put the wiring
underneath.
My third concern is we were told there
would be a bike trail on the east side of London Bridge
Road. I'm being told now there probably will not be a
bike trail. We would like to get bike trails like the
ones at the newly expanded London Bridge and Damn Neck
Roads.
Thank you.
( 2 ) Tom Ewell
417 London Bridge Road
Virginia Beach, Virginia 23454
·
I live at 417 London Bridge Road.
Actually, my neighborhood is Nottingham Estates. I
front London Bridge Road. I have the same concerns that
the lady before me has, and the fact that I would
definitely, if not anything else, I would like to see a
traffic light installed at that intersection because in
the hours between roughly 2:30 and 6:30 traffic backs up
on London Bridge Road from approximately Potters Road,
which is about half a mile up the road, all the way back
past my house, which is half a mile from Potters, and it
is very hard to get out going, especially going north on
London Bridge Road, and since traveling a lot of time
MICHELLE ANTHONY & ASSOCIATES
VIRGINIA BEACH, VIRGINIA
office (757) 479-9712 Fax (757) 479-9713
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requires us to go north on London Bridge Road, I feel
this is an inconvenience and that we should have a
·
traffic light because it would be a dangerous
intersection.
There are approximately 56 families
that live in Nottingham Estates, and I personally feel
that if everyone could come up here today and voice
their opinion on it, you would have about 56 more of
these things to put down.
Also, like Mrs. Jaworsky said, she is
one of my neighbors. I would like to see underground
utilities installed. The telephone poles are unsightly.
I realize they are necessary, but if they are going to
spend that kind of money, why not sink everything
underground, that would be less than the thought of
somebody actually running into a telephone pole and
striking it and causing damage to themselves, their car
or property.
Now as far as any other concerns, I'm
happy with the way the road is going. It seems like it
is going to be a good project. I would like to see it
done sooner. I would like to see a temporary light
inst~lled at that intersection today because of the
traffic situation, but I realize that is not going to be
possible.
MICHELLE ANTHONY & ASSOCIATES
VIRGINIA BEACH, VIRGINIA
Office (757) 479-9712 Fax (757) 479-9713
1 Also my son rides his bike a lot. I
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would like to see a protected bikeway for kids because
there are a lot of kids that live in our neighborhood,
and my son rides continually, and he has to ride on
London Bridge Road, and to me I would find it very, very
unsafe, especially at the rate of speed going by my
house, which at that time I understand will be 45 miles
an hour.
I thank you very much for your help.
(3) Betty Gay
401 North Adventure Trail
Virginia Beach, Virginia 23454
I live at 401 North Adventure Trail.
We also have a business on London Bridge Road, B&B Tax
Service, and we see that the plans are for above the
ground utilities, which seems foolish and wasteful in
spending. It will certainly improve the appearance and
be safer to have underground utilities along London
Bridge Road, and we request the City reconsider that.
In addition, we are concerned about the
open ditches that are proposed along London Bridge Road.
With the wetline, we have infestation of mosquitoes as
it is] and we need covered ditches. South Adventure
Trail really needs a stoplight now, and we're concerned
about that.
MICHELLE ANTHONY & ASSOCIATES
VIRGINIA BEACH, VIRGINIA
Office (757) 479-9712 Fax (757) 479-9713
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In addition, it seems foolish for the
City to propose and allot an eight-foot wide bike trail,
·
when Virginia Department of Transportation allots ten
foot for it, and they could just as easily do ten foot
at the same time they could do eight and save money at
the same time because we understand they are going to
turn it over to VDOT once this project is completed, and
VDOT will come in and make it ten foot wide. so why are
we spending extra money?
And also as a taxpayer, I really
believe that underground utilities will enhance the
properties and make it safe all the way up.
MICHELLE ANTHONY & ASSOCIATES
VIRGINIA BEACH, VIRGINIA
Office (757) 479-9712 Fax (757) 479-9713
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CERTIFICATE
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, Michelle Anthony, do hereby certify that
the foregoing pages are a true and correct transcript of
my Stenotype notes of the public hearing had at the time
and place in the caption mentioned.
This ~ ~/ . day of , 1996.
Mich~lle Anthony, Notary Public.
My term of office expires:
MICHELLE ANTHONY & ASSOCIATES
VIRGINIA BEACH, VIRGINIA
Office (757) 479-9712 Fax (757) 479-9713
COMMENT SHEET
Location and Design Public Hearin~
London Brid~e Road Improvemenia
Citr of Virginia Beach
Wedx~eaday, December 4, 1996
ADDRESS
1 Do you support the location and design presented at this meeting
2 What ~mprovements to the design would you like for us to consider ~
3 Please provide us with any additional information which you feel would assist m the compleuon of
these proJeCt x~ [,)C. ~-~',,/~ ,,~,~/~ ,z~-~/_c,q~ D /.~ ~/~ //~/~ ~~
4 Do you support thes~ projects ? NO ~
5 How did YOU .h~about this meefin~ ?
Newspaper [/ Dtmct Mail
VDOT Roadway Signs
6 Wen: VDOT Reprmentafives able to answer YOUR questiom ? / = Z
Ifnot, ~-n: >~u offm~ furtt~ ~ *
~r
leave this comment shee~ at the designated Iocsfion or mall your comments
WITH~. 10 DAYS to the addressee ou the r~verse side_
Projects. U000-134-V30,PE- 101
Federal Project: STP-5403 (259)
Projects: U000-134-130,RW-201,C-501
UOO0-134-129,RW-20 I,C-S01
ProJect: UO00-134-V29,PE- IO 1
Federal Pru~' M-5403 (248)
U000-134-129,RW-201,C-501
COMMENT SHEET
Location and Design Public Hearing
London Bridge Road Improvement,
City of Virsinia Beaclx
We~[nesday, December 4, 1996
ADDRESS ~-~/ L_o,~J~A/ +.~1t)~
ZIP CODE'
_Do you support thc location and design presented at this meeting
2 What improvements to the design would you like for us to consider ?
/F Ox_/&, ~5 /,e~"/-.
3 Please provide us with any additional inf6rmation which you feel would assist in the completzon of
these project
4 Do you support these projects ? NO ~YES ~
With Modificanou$
5 How did YOU hear about ~ mee~g ?
Newspa~r Du~cI Mail
VDOT Roadway Signs
Other
6 Were VDOT Representatives able to a,t~wcr YOUR que~oas 9
ff nc~, were you ~ f-uni~ ~ ~
Please leave thlq COmmfllt sheet It t]~e designated location or mall your comments
WITHIN 10 DAY~ to Use addressee on the reverse side.
Projects:U000-134-V30,PE- 101
Federal Project: STP-5403 (259)
ProJects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
Project: UO00-134-V29,PE-101
COMMENT SHEET
Location and De,ign Public Hearing
London Briclse Ro,d Impro.ement,
City of Virgini& Beach
Wednesdar, December 4, 1996
ZIP CODE:
I
2. What _ . , -
~mprovemj~nts ~to the design .would you like.for us to consider * ~'~
3 Piease provide us with any additional information which y. ou feel wauld assist in t ~.~completion of
· ~ , ,' fr.r I, I1 -4
4 Do you support these projects ? NO ~
YES ~ With Modzficanons
5 How did YOU hear aborn this LVee6n_ ' i ?
Newspaper ~ Direct Mail
VDOT Roadway SIE'n,~ ~ Other
6 Were VDOT Representatives able to answer YOUR quesuom ~/'.4 ~'~
If n~t, w~ you ~ fur~~ ?
Please leave thi~ commit sheet att the desi~tlated location or mall your comments
WITHIN 10 DAY~; to the addressee on the reverse side~
ProJects: U000-13 4-V30,PE- 101
Federal Project: s'rP-5403 (259)
Projects. U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
Pro~: UOOO-134-V29,PE- 101
Federal Project: M-5403 (248)
COMMENT SHEET
Location and De,isn Pu[,lic Hearins
London Bridse Ro.d Improvements
City of Virsini& Be&ch
Werlaxeed&y, December 4, 1996
ADDRESS
/Cd
za, CODE'~,.e Mo'M
1. Do you support the location and design presented at this meeting
2 What improvements to the design would you like for us to consider 9 /t~,'d-e a,~, 7',(
C~e~_
,' /'~ ~ .r,~ ·
3 Please provide us with any additional information which you feel would assist in the ¢omple, t~on of
these project. ,D~,~.~, ¢4ll ,'~' y~ ~.~ /d ~Ce ~L".~ 7'~ ~ ~. r,~ ~r'~ ~477~,..
4 Do you support these projects ? NO ~YES ~
With Modifications
5 How did YOU hear about thin ~n,m.6_ 'rig ?
Newspaper D/r~ Mail
VDOT Rtmdway Si~n~
6 Were VDOT Representatives able to answer YOUR questions ?
ff not, were you off=mt furt~ ~ ~
Plesse leave thl, comn~es~t sheet si the d~i~ location or msll your comments
WITHIN 10 DAYS to tl~ ad~ on th~ revers~ sici~
Projects:U000-134-V30,PE- 101
Federal Project: STP-$403 (259)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
Project: UO00-134-V29,PE- 101
Federal Proje~' M-5403 (248)
Lo¢~io and D,,i~a Public Hearin:.~-._~-~. ~ ~
Loadozx Brid~e Road Improvemez~t, ~'q~~
Citr of Virsinia Beach
~e~esda~, December 4, 1~6
1. Do you support the location and design presented at this meeting
2. What improvements to the design would you like for us to constder?
3 Please provtde us wtth any additional information which you feel would assist tn the completton of
these proJect
4 Do you support these proj~t~ ? NO ~
YES ~'~ With Modzfica~om
5 How did YOU hear about t~ meeting
Newspaper Direct Mail
VDOT Roadway S~ t~// Other
6 Were VDOT R~presentatives able to answer YOUR quesuom ?
ffnot, w~e you ~ ~~ ?
Ples.~ leave thi_~ comment sheet st the desi~nsted location or re.ii your commenU
~VITHIN 10 DAY~; to ~ addressee on the reverse side.
ProJects'U000-134-V30,PE- 101
Federal Project: STP-5403 (259)
Projects' U000-134-130,RW-201, C-501
U000-134-129,RW-201, C-501
Pro~ UOO0-134-V29,PE- 101
Federal Pro~ M-54.03 (248)
COMMENT SHEET
Location and Design Public Hearing
London Brid~e Ro-d Improvements
C;.ty of Virsini& Be,ch
We~[nesdAy, December 4, 1996
ZL'P CODE ~ J ?.~-~
l. Do you support th¢ location and design presented at this meeting 9 ?L~ -~ ~ ~.~'[ ~
/V~ i/V C7 ~ /Vi 6 D/~'/~ M/-I C.A/2
2. What improvements to the design would you like for us to consider
3 Please provide us with any additional information which you feel would assist in the completion of
these project -~ fi- fi- ~ F- 7' ~1C N ~ ~ A/_7'-
4 Do you support these projects ? NO ~
YES t/"'-WithModificaiiom .Ft.,-: 3'Ocr r,'~ ~Iz tv icj C~
5 How did YOU hear about this ~ ?
Newspaper c~f Direct Mail
VDOT ~y Si?Es
O~r
6. Wer~ VDOT R~p~~v~ able to answer YOUR questiotts ?
ffnot, w~r~ you ~ funta~ ~ ?
Please leave this comment sheet at the designated location or mail your commellts
WITHIN 10 DAY~ to the addressee on the reverse side.
Projects:U000-134-V30,PE- 101
Federal Project: 5'rP-5403 (259)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
Pro. leX:t: U000-134-V29,1~E- 101
Fexlm'al Project: M-5403 (248)
109 South Great Neck Road
Virginia Beach, VA 23454
December 19, 1997
Mr. J. C. Cleveland
Suffolk District Administrator
Virginia Department of Transportation
P. O. Box 1070
Suffolk, VA 23439-1070
Re: Cul-de-sac on Southern Boulevard
Dear Mr. Cleveland:
In reference to the cul-de-sac presently planned for the east end
of Southern Boulevard, I feel that both the City of Virginia Beach
and myself would benefit if the cul-de-sac was moved to the north
end of London Bridge Road, and Southern Boulevard was closed near
its intersection with London Bridge Road. Benefits for the City
would include approximately 280 feet of roadway (Southern
Boulevard) that would never again need maintenance. Also, less
land would need to be acquired. On Southern Boulevard, the City
has only the straight two-lane roadway. While on London Bridge
Road, the City has the intersection of London Bridge Road and
Southern Boulevard (an "L" shaped area).
As there are only fourteen (14) homes on the north end of London
Bridge Road, I feel the traffic would be very limited. And by
placing a dead end sign on London Bridge Road just north of the
intersection with Potters Road, the non-resident traffic would be
almost non-existent.
My family and myself would benefit from this relocation in several
ways. If Southern Boulevard was eliminated, I would not have to
pick up trash (beer cans, food wrapper, etc.) left by people who
parked along this deserted section of roadway. In the summertime,
late at night, people park along Southern Boulevard and then in the
morning (especially Saturday and Sunday morning) as I look out the
front of my home, I see trash left where they had "cleaned out
their cars". If the cul-de-sac proposed for Southern Boulevard at
Great Neck Road was relocated to the intersection of London Bridge
Road & Southern Boulevard there would not be a large area of
asphalt projecting into my front lawn.
I
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COMMENT SHEET
Location and De,ign Pul~lic Hearing
London Bridge Road Impro-ement.
City of Virginia Beach
WecLaeida3r, December 4, 1996
)
t Do you ~uppon t~c loca0on a~d design presented at this meeting
o e.
2. ~Vhat improvcments to the dcsign ~'ollld you like for ul to considcr ? ~t' f'."~ff~'C'--
3 Please provide us with an)' additional information which you feel would assist in the completion of
these project.
4 Do you supi~)rt these projects ? NO ~X~
·
5 How did YOU hear alxmt this ~ ?
N~vspap~r D~ Mail
6. Were VDOT Rep~tafivcs able to answer YOUR questions
ffnot, wem you ~~~ ?
Please leave this comment sheet at the designated location or mail your comments
WITHIN 10 DAY~ to the addressee on the reverse side-
Projects:U000-134-V30,PE- 101
Federal Project: STP-5403 (2:59)
ProJect: U000-134-V29~PE-101
Federal Project. M-5403 (248)
," so ~ r~-,-' -; . . - -.-. --__.
Projects: U000-134-130,RW-201,,.- t~ ,- ~ ,: - ' . ---- ·
UO00-134-129,RW-201,~.-~,,, l J: - '
NAME
COMMENT SHEET
Location and Design Public Hearin~
London Bridge Road Improvement,
City of Virginia Beach
Wed.ne,al&y, December 4, 1996
I. Do you support the location and design presented at this meeting ?
~/,,..~ G .~ I ,,¥ .~,./c___.,
!
·
·
design would you like for us tp consider v
2 What improvements to the .
3. Please provide us with any additional information which you feel would assist in the completion of
these project. /_/~.~ 4' < ---,-.,.., ,J _~/7/ 'f- T-.~ /"v//6/r' 7' o- (.),~/,f ~-
4. Do you support these projects ? NO ~
YES ~ Modifications
5 How did YOU hear about this meedng ?
N~,sp~ Dtr~t Mnil
VDOT Roadway Si~ns
6 Were VDOT Represmtmives able to answer YOUR quesaoas
/
If not, w~:re y~ ~ furti~ ~ ?
'~,J ¥c fz.__.__
Hesse leave this commeut sheet at the designated location or mail your comments
IWrlTIilN 10 DAY~; to tim sddr~s~ on the reverse side.
Projects:U000-134-V30,PE- 101
Federal Project: STP-~403 (259)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
Pro.~ct. UO00-134-V29,PE-I0 t
Federal Project M-5403 (248)
NAME'
ADDRESS
COMMENT SHEET
Location and Desisn Public Hearin~
London Bridge Road Impro.emen/.
City of Virginia Beach
We~[nesday, December 4, 1996
CODE:
l. Do you support the location and design presented at this meeting 9 t~_~
2 W~hat improvements tc~ the design would you like for us to consider
3 Please proviae us with any additional information which you feel would assist in tae completion of
these project.
,I
4. Do you support the~ proje~s ? NO ~
YES ~'With Mod~ficanons
5. How did YOU hear about this meeting ?
N~spaper ~ Dir~ Mail VDOT Roadway S~gn~ t~Other
6 Wer~ VDOT R~~ntives able to answer YOUR clues'nons ?
Please leave thl, comment sheet at the designated location or mai] your comments
WITHIN 1...~0 DAY~ to the addressee on the reverse side.
Proj ects:U000-134-V30,PE- 101
Federal Project: STP-5403 (259)
Pr. ojects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
Project' U000-134-V29,PE- 101
Federal Project: M-5403 (248)
COMMENT SHEET
Loca6on and De.i~n Public Hearing
Loadoa Brid~e Ro,d Impro-em~at,
City of Virginia Beach
We~eada~, December 4, 1996
I Do you support the location and design presented at this meetmg 9
ZIP CODE
2 W~at ,mprovemenU to ~e design w. ould you like for us to_ ~onsia~r ~ OR ~q~? t,~+ ~
~~,; ~oo~1~,., c~hem ~~~o ~ le~ ~,~ ~~.
3. Please provide us wi& ~y additional info~afion which you feel would assist in ~e completion of
t~ pro~,~t._ ~~L m~ O a 'a~S ', ~ ~ ~~ T~'~ (
How did YOU hear about ~ meedng?
N~-wspaper v'" Direct Mail VDOT Roadway Signs O~r J'~' ~,, '
1 ' --" ""~' ' '
I
Were VDOT Representatives able to answer YOUR questions ? (.2 & ~ _ ! ,
--
I
Plelse leave this comment sheet ~t the designated iocuion or mill yours "'
WITHIN 10 DAY~; to the addressee on the r~verse side.
-
Projects:U000-134-V30,PE- 101 Project: U000-134-V29,PE- l01
Federal Project: STP-5403 (259) Federal ProJeCt. M-5403 (248)
ProJects: U000-134-130,RW-201,C-501
U000-134-129,RW-201, C-501
COMMENT SHEET
Location and Deaign Public Hearing
London Bridge Road lmprovementa
City of Virginia Beach
Wed~eadar, December 4, 1996
1. Do you support the location and design presented at this meeting ?__..
2. What imurovements to the design would you like for us to consider ? /~-
3 Please provide us with any additional information which you feel would assist in the completion of
these project.
4 Do you support these projects ? NO ~
YES ,~~W~ M~ifications
5 How did YOU heax about this mecung ?
Newspaper ~ Direct Mail
VDOT Roedw~y Signs
6 Were VDOT Rcpresentmivcs able to enswcr YOUR questions ?
Ot~er
Please I~ave thi, comment sheet at the designated location or mail your comments
WITHIN 10 DAYS to the addressee on the reverse side.
ProJects:U000-134-V30,PE-101
Federal Project: STP-5403 (259)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
COMMENT SHEET
Location and De.isn Public Hearins
London Bridse Road Improvements
City of Virsinia Beach
Wedge.day, December 4, 1996
1. Do you support the location and design presented at this meeting ?~Q/__~
What improvements to. the ~.~sign would.you like for us to consider
3. Please prov_i_de us with any additional information whi,~,you I~o~1!~~ in the completion of
tcbn os, - -
4. Doyousupportthcseprojccts?NO~/ YES V// With Modifications
.5. How did YOU hear about this meeting ? /
Ncwsp~r Direct Mail VDOT Roadway Signs
V
6. Were VDOT l~prt~am~tives able to answer YOUR questions ? ffnot, 3M:rc you ~ ~ ~ ?
Other
Piesse lesve ,hl, comment she~ at the designated loc. at/on or msli your comments
W!,,TI~N 10 DAYS to the addressee on the reverse side.
Projects:U000-134-V30,PE-101
Federal Project: STP-5403 (259)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
ProJeCt: U000-134-V29,1:'E- 101
Federal Project' M-5403 (248)
COMMENT SHEET
Loc&tion and Desi&n Public Hearing
London Bridle Ro.d Improwemente
City o[ Virgini& Beac]~
We~e,d~, December 4, 1996
ZIP CODE:
--
2. What improvements to the design would you like for. us to consider ? ~ ?-, C~'~- "~ I c._
6,' .'5 o '
3 Ple~tse provtde us ~nith any adclitional in~fifiation which you 'f~el woulc~a~sist ~ the completion of
these project.
4 Do you support these projects ? NO~
YES d'~~W'~ Moditica.uons l"'""'"""~~
5. How did YOU hear ~this meexing ?
Newspaper ~Dimct Mail
VDOT Roadway Sil~s
6 Were VDOT R~resentatives able to answer YOUR questions ~f not, wer~ you ~ further assistance 9
Please leave this comment sheet at the designated location or mai] your comments
WITHIN 10 DAY~; to the addressee on the reverse side.
Projects:U000-134-V30,PE- 10 l
Federal ProJect: STP-5403 (259)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
ProJect: UO00- I34-V29,PE- 10 i
Fcd~'Tal ~. M-5403 (248)
I Do you suppo~ the location and design presented, at this meeting ~ ~~
2. What improvements to ~e design would you like for us to consider ?
3 Please provid~ us wkh ~y additional i~fo~ion which you feel would assis~ in
4. ~ you sup~ ~ pmj~ ? NO O~c e ~~~ ~ ~ e, ~
5 How ~d YOU ~ ~t ~ ~ ?
Pi~ ~e ~ eom~ s~ ~t ~ ~i~ I~on or m~ your commenO
~~ 10 DAYS lo ~ ~ddr~ on ~ ~ve~ sid~
Projects:U000-134-V30,PE- 101 ~: U~- 134-V29~E- 1~
Federal Project: S~-5403 (259)
Projects: U000-134-130,RW-201,C-501 ~: t ' - '
U000-134-129,RW-201,C-501
COMMENT SHEET
Location and De,ign Public Hearing
London Bridge Road Improvementa
City of Virginia Beach
Wetl~e0da~, December 4, 1996
2 Wh~t.improvements
]
-- ,,,_)
3 l:'ea;e pro, icie us :~ith any ~aaitional in~o~ation w~ic~ you reel woul~ assisz m t~e compleuon of
4 Do you support these projects ? NO ~YES ~
With Modificano~
5 How did YOU hoax about this meeting ? '
N~cspaper Direct Marl VDOT ~y sigm ot~¢~
6 Were VDOT Rep~ves able to answer YOUR que~o~ ? ~x~ ~'~
Please leave this comment sheet Itt the designated iocltion or mail your comments
WITHIN 10 DAY~; to the addressee on the reverse side.
ProJects'U000-134-V30,PE- 101
Federal Project: STP-5403 (259)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201, C-501
Project: UO00-134-V29,PE- 101
Fedel'al ProJeCt' M-5403 (248)
/l , j- , _.u.,,=.j
", DEC 15 1990 ..j :
, , ,
' i .~'~'~, COMMENT SHEET
London Brid~e Road Impro.ement,
Cii~ of Virsinia Beach
We~eada~, December ~, 1996
I. Do you ~uppo~ the location and d~ign pr~nted at ~i~ me,ting * ~ ~
2. ~at improvem~nt~ t~ th~ d,~i~n would you I(k, for u~ to eon~ider ? &
3. Pl~a~ provide u~ wi~ ~y additional infomation which you feel would a~i~t in th, complenon of
the~e project.
, ,
4 ~ you ~,ag~ ~ pmj~ ? NO ~~ ~ W~ M~fi~~ ~
8 We~ ~OT ~~~ ~le m ~er YO~ ~~ ?
PI~ ~ve ~h;, comet s~ ~ ~ ~i~ l~o~ or ~ your commefl~
~ 1~ D~Y~ to ~ tdd~ on ~ reve~ sid~
Federal Project: S~-5403 (2f9) F~ ~j~: M-5~3 (248)
COMMENT SHEET
Location and Deai~n Public
Loa&a Brld~e Road Improvement,
City of Virzlnla Beach
W'edaea&y, Deceml, er '~, 1996
1. Do you support the location and design presented at this meeting
G-~{ 7
2 What ,mprovements to the design would you like for us to consider ~
3. P,eas¢ provide us with any~~ional informati~fi which you feel would a~szst in the completzon of
the::e project
4 Do you support ~ projects ? NO ~
5 How did YOU. hegr~~~ ?
Newspaper 'X' Dire~ Mail
YES ~,, Wkh Modifica~oas
~y $
6 Were VDOT l~pre~Dfive~ able w answer YOUR questi~ ?
If xxx, were ym ~ fun~ amstance ~
Ple.~e leave this commeat sheet It tile desJ~ Ioution or mai] your comment3
WITHIN 10 DAY~; to the addressee on the rtwerse side.
Projects :U000-134-V30,PE- 101 Project. UO00-134-V29,PE- 101
Federal Project: STP-:5403 (2~9) F___,~rral ProJect. M-5403 (248)
Projects: U000-134-130,RW-201,C-:501
U000-134-129,RW-201, C-501
COMMENT SHEET -. ,.,-: .;
Loc&tion an~ De,i~n Public Hearin~ -~'-~__ :'
City o{ Virgini~ Beach
Weaesd. y, ~cem~er 4, 1996
~D~SS.
ZIP CODE
I. Do you support the location and design presented at this meeting ?
2 W~nat improvements to the design would you like for us to consider
3 Please proyj~e us ~_ith an~ ad0itional information which you feel would assist in the comp]e4t~n_,,, of
these project \_'I'~IT-'~~. _ ,- _ t~l )F. f~)C~~'_~., i~ ~" {_) (j..l)/f'~c,
4 Do you support these projects
YES With Modific~ons
5 How did YOU heax~ ?
Newspaper ~~,, VDOT Rmdway Si~s
6 Wer~ VDOT Rep~tativ~s able to answer YOUR questions
OthEr
Pleas~ leave this comment sheet at the designated location or mail your comments
VV'ITI]]'N 10 DAYS to the addressee on the reverse side.
P roj ects: U000-134-V30,PE- l 01
Federal Project: STP-5403 (259)
Projects: UO00-134-130.RW-20 I.C-50 l
UO00-134-129.RW-201.C-501
Pro. ct' U000-134-V29.PE- 101
Federal Project: M-5403 (248)
COMMENT SHEET
Location and De,ism Pul, lie Hearing
London Bric~e Road Improvement,
Cit! of Virsinia Beach
Wee[head. y, December 4, ~996
CODE
- · ~ .r.,,c
2 ~a~ improvements to ~c dcsi~ ~ould you like for us ~o consider
3 Please provide us with any additional information which you feel would assist in the completion of
4 Do you support these projects ? NO
5. How did thai.
YOU meeting.
Ne~v~r~Direct Marl
YES
VDOT Rnadv~y Signs
Other
6 Were VDOT Rep~~nve~ able to answer YOUR questions ?
·
Plea.se leave this comment sheet st the designated location or mail your comments
WITHIN 10 DAYS to the addressee on the reverse side.
Projects' U000-134-V30,PE- 101
Federal Project: STP-5403 (259)
P~ject UO00-134-V29~PE- 101
Federal Project' M-5403 (248)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-20 I,C-501
COMMENT SHEET
Locafion and De,isa Public Hearins
Loadoa Bridze Road Improvemeaf,
Cify of Virgiaia Beach
~iT'etLne.clay, December 4, 1996
ZIP CODE'
1. Do you support the location and design presented at this meeting 7
2. What improvements to thc design would you like for us to consider ?
3 Please provide us wi:h any additional information which you feel would assist m the completion of
these project.
4
·
4 Do you support these projects ? NO ~
YES ~' With Modifications
5 How did YOU hear ~ th~ meeting ?
Newspa~r ---"- Direct Mail
VDOT Roadway Signs
6. Wer~ VDOT l~pmseatativea able to answer YOUR questions ?
Il'not, ~:~ y~ ~ funtm- ~i.~ ?
Other
Pleas~ leave this comment she.-t at the designated location or mail your comments
WI~ 10 DAY~; to the addressee on the reverse side.
Projects :U000-134-V30,PE- 101
Federal Project: STP-5403 (259)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201, C-501
ProJect: U000-134-V29,PE-I 01
Federal Project. M-5403 (248)
COMMENT SHEET
Loc,tion and De,ign Public Hearing
London Bridge Road Impro-ement.
City of Virginia Beach
Wedae.day, December 4, 1996
CODE'
1. Do you support the location and design presented at this meeting 9
1
2. What improvements to the design would you like for us to consider ?
3 Please provide us with any additional information which you feel would assist m the complenon of
these project
4. Do you ~pport ttmse pmjec~ ? NO ~YES ~
5 How did YOU he~r about thi~ tn~ng ? Newspa~r / Direct Mail
6 Were VDOT Representaxives ~ble to ax~wer YOUR questions
....
t,'/With Modifieaxions :
i,
leave thll comment sheet at tile designated location or mail your comments
WITHIN 10 DAYS to the adclvessee on the revers~ sici~
ProJects:U000-134-V30,PE- I01
Federal Project: STP-5403 (259)
Project: U000-134-V29,PE- 101
F~ ProJect' M-5403 (248)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
COMMENT SHEET
Location and De,isn Public Hearing
London Bridge Road Impro-ement,
City of %~irginia Beach
Wedue,dar, December 4, 1996
NAME'~ Arthur A. Nldo
ADDRESS ~sl s~n~ woo~, un.
Virglni~ i~¢h, VA 2345~
ZIP CODE
1. Do you support the location and design presented at this meeting ?
2. What improvements to the design would you like for us to consider ~ E~/~/~)
3 Please provide us with any additional information which you feel would asmst in the completion of
these project.
/--V",/',,~ 7 ~/~ 'f)l //7 ~/ ~ , ~ //1/)
/.)/.'-f~ 7f)~/ ~-tilt~ f7 ~ Ir" T /~/£f r" ,,¢/?//(' 7 ~i//)
I I~L.I l!_l[IJOl_l_'~ I dllllqlV(_-&/,IL ! (_-.1~)0
4 1~ yo~ suppor~ ~ pm.l~c~ ? NO ~(' YES ~ Wi~
5 How did YOU hear about this n~ting ?
Newspaper X Direct Mail
VDOT Roadway
Other
6 Were VDOT Representatives able t~ an.~ver YOUR questions ?
NC}
Pl~tse leave thi~ cotangent Sb.'~l: at th~ designated location or msil your comments
WI. ,THIN 10 D A~ to the addressee on the reverse side.
ProJects:U000-134-'130,PE- 101
·
Federal Project: STP-S403 (2S9)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-20 I,C-S01
Pro~: UOOO-134-V29,PE- 101
F~ · M-5403 (248)
COMMENT SHEET
Location and De.is-, Public Hearing
London Bridge Road Improvements
City of Virginia Beach
Wec[nesday, December 4, 1996
'-'L]t,,~. ~ ~ c~k.... W ~. ~ CODE:
1. Do you support the locat,on and design presented at this meet,ng 9
2 What improvements to th. design would you lik~ for us to consider v ~-,-).~ i~_-z~.~
3. Please provide us with any additional information which you feel would ass~sf m the complet, on of
these project.
4 Do you support these projec~ ? NO ~YES
With Modi~ca~io~
5. How did YOU ~ about mi~ ~ ?
Newspap~ E)ire~ Mail VDOT Roadway Si~, ~
6. Wer~ VDOT Rep~t~ve~ able to answer YOUR qu. estio~s ? /_~
Please leave thla comment Slliet~ ~t the designated location or m~
WITHIN 10 DAY~; to the addressee on the revell
Projects :U000-134-V30,PE- 101
Federal Project: STP-S403 (259)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
COMMENT SHEET
Locat, on .nd Desisn Public Hearins
London Bridge Road Improvements
City ot~ Virginia Beach
NAME: Carlton E_ S~_ay C/n The Se~_y Company, In~_
ADDRESS: 79~ Gr~at N~ak. RoAd
Virginia Beach, VA. 23454 ZIP CODE.
I. Do you support the location and design presented at this meeting ~ NO
I
2. What improvements to thc design would you like for us to conmdcr ? ~.e have an office
oark located at Great Neck Road and Commerce Parkway. The p. resent
hesign does not have access to the park for those travelin§ South
on Gr._at Nm~_k Road. Also. those leaving ~he park cannot turn South
3. Please provide us with any additional information which you feel would asstst m the completion of
thcsc proj¢ct. The present design also takes over 50% of the p~rking
allocated for the office building, located at 220 Great Neck Road,
Please contact Carlton or Gene Seay
220 Great Neck Road
Virginia Beach~ VA. 23454
(757) 340-8444
4. Do you support these projects ? NO ~
YES X With Modifi~~ Yes
5. How did YOU he~r about this mee6ng
Newsp~ Dir~:t Mail
VDOT ~y Si~rt* C
6. Wer~ VDOT Repnme~tatives able m answer YOUR questio~ ?
If not, w~r~ you c~m~ further ~ ?
PleAse Jelve thl, commelit sheet It tile designated locltion or []
WITHIN I0 DAYS to the addressee on the rev~
P roi ects: U000-13 4-V30,PE- 101
Federal Project: STP-5403 (259)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-$01
COMMENT SHEET
Location and De,ign Public Hearing
Lo,xdoa Brid~e Ro.d Iml,-o-.m.at,
Citer of Virginia Be.ch
Wed~eada~, D,cember 4, 1996
CODE'
_
I Do you support the location and design presented at this meeting 9
What ,mprovements to the design would you like for us to consider
·
21~
5 How did YOU b,-a_r about this meeting ?
Newspaper Dtmct Mail
VDOT Rmaway Szgns
6 Were VDOT P.~p~tativ~ able to answer YOUR qucsfiom ? ~z/'~'
If not, were you offzaed fimt~ assism~ 9
Plems~ ie.~ve thi~ comment sheet at rise desi~ Ior~tion or mill your comments
WITHIN 10 DAY~ to ttm addrtsu~ on the reverse side.
Projects'U000-134-V30,PE-101
Federal Project: STP-5403 (259)
ProJects: UO00-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
ProJeCt' UO00-134-V29,PE- 10 l
Fed-mi Pmj~: M-5403 (248)
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241
0258
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LEBLANC
DO 2/42 DO
0.258 AC
(#IS'IO'E
DB 2269
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D8
0.226
COMMENT SHEET
Location and Deaign Public Hearing
London Bridge Road Improvementa
City of Virginia Beach
Wednesday, December 4, 1996
ADDRESS 'Z ~ ~.= . P'~ ~,,., mt-fi' -
ZIP CODE._ ~34~4
1. Do you support the location and design presented at this meeting
2. What tmprovements to thc design would you like for us to consider
3-I ,~.; proWd¢ us with any addiuou.t-ilgfi;gm~zin~Lwhich you fca
4 Do you support these projects ? NO ~YES ~
With Modifications
5 How did YOU ~ about this meeting ?
Newspaper Dire~ Mail
VDOT Roadway SiLms
Other
6 Wer~ VDOT Representatives able to answer YOUR quemom ?
ffnoc, w~ you ~~~ ?
Plesse-leave this comment sheet at the designated location or mnil your comments
W!.TIiIN. 1...q0 DAYS to the addr~ss~ on the reverse side.
Projects :U000-134-V30,PE- 101
Federal Project: STP-5403 (259)
ProJects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
Project: U000-134-V29,PE- 101
Fexleral ProJect. M-5403 (248)
COMMENT SHEET
Location and Design Public Hearing---
London Bridge Road Improvement~
City o[ Virginia Be&clx
Weclxxe,day, Deceml~er 4, 1996
ZIP CODE:
2 ZqS" 7
1. Do you support the Iocauon and design presented at this meeting ~ / ~ 3'
2. What improvements to the des,gn would you hke for us to consider /4 Y -Y ~ o~ ~ , /'~ / G /-/ ,7"
3. Please provide us with any additional information which you feel would ass,st in the compleuon of
these project.
4 Do you support these projecls ? NO ~
YES
5 How did YOU lmax about thi~ mee6ng 9
Newspaper / Direct ~
VDOT Roadway
Ot~r
6 Were VDOT Rep~~ able to answer YOUR questions ?
Ifnot, were y~ ~ ~ ~ 9
Ples~ leave this comment sheet st the designsted iocstion or mail your comments
WITItlN 10 DAYS to the addressee on the reverse side.
Projects :U000-134-V30,PE- 101
Federal ProJect: STP-5403 (259)
ProJect: U000-134-V29,PE- 101
Federal Project: M-5403 (248)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
COMMENT
Lec&~ion and Design
London Brid~e Ro,,l Impro-emen~e
Ci~r o[ VirGinia Beach
We~e,~ar, Deceml, e~ 4, 1996
SHEET
Public Hearin~
1. Do you support the location and~lesi.8_n pres?~d at this meeting
2. What improvements to thc design would you like for us to consider
3. Please provide us with any a. dditional information which you feel would assist in the completion of
- cl. - ,'7 __
4. Do you support the~ projects ? NO ~YES ~
With Modifionoas
5. How did YOU hear about this ~ ?
N~vspalgr ~/ Direct Mail
VDOT ~y Signs
Ot~r
6 Wer~ VDOT R~p~v~s able to answer YOUR qu~dom ? ~
ff not, ~ you offm~ furt~ assismm:e ? /
Please leave ,hi, comment sheet at tile designated location or mail your comments
WITHIN 10 DAY~; to the addressee on the reverse side.
Projects:U000-134-V30,PE- 101
Federal Project: STP-5403 (259)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
ProJeCt: U000-134-V29,PE-101
Federal Project. M-5403 (24,8)
COMMENT SHEET
Location and Deaisn Public Hearin
London Bridge Road Improvements
City of Virginia Beach
Wedaeaday, December 4, 1996
ZIP CODE'
I Do you s.,upport the location and design pre.,sented~at this meeting v ~Z' c',:.,/~ ,-'/'--d'T-~,3
2. What improvements to the design would you like for us to consider
,
3 Please provide us with any additional information which you feel would assist in the completion of
t. hese p~oject
4 Do you support these projects ? NO ~YES ~
With Modificafoas
5 How did YOU hear about this meeting
Newspaper Dxrec~ Mail
VDOT Roadway Si?L~ -~ Other
6 Were VDOT Representatives able to answer YOUR questions ?
If not, were you offered funim- ~ ?
Please leave thi, comment sheet at the designated location or mail your comments
WITHIN 10 DAYS to the addressee on the reverse side.
Projects:U000-134-V30,PE- 101
Federal Project: STP-5403 (259)
ProJects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
ProJect: U000-134-V29,FE- 101
Fedexal Pr~' M-5403 (248)
COMMENT
SHEET
Public Hearing
Loc~tioa and De,isa
London Bride. Ro.d Impro-em,nt,
Cji! of Virsini&
We~eed. y, December 4, 1996
1. Do you suppoa the location and design presented at this meeting ? ~~ff~
~,_. ----
. 9;hat improvements t~ Ibc design would you like for us to consider?
3~s~ p~via~ u~ wi~ ~y aaai~ual info~afion w~i~ you f~l would assist m ~ ~ompl~tmn of
th~$~ project. ,
4 Do you support ~ese projects ? NO .YF_~ > Wire Mcx~6caao~
/
5 How did YOU bear about tl~s meeting ? .
Newspaper "/.. D~ Mail VDOT Roadway Signs Other
/ - ---
Hesse !{~--' ' ye ~ co~ent s~ si g~e ~i~nstc, d iocsiion or m~ you~comm~U ~~ 10 DAY~ to ~ sdd~ on ~ ~ye~
Projects :U000-134-V30,PE- 101
Federal Project: STP-5403 (259)
Projects: U000-134-130,RW-201,C-501
UO00-134-129,RW-201,C-501
Project' U000-134-V29,PE- 101
c,:-:,; ,-;??,,-
';~, J L---? . " " ,,' ' ~'
ii ~.,-- ......... :,,,
ti,i' "'
! ~-.-_ -__ __ . LC.~T
NAME
ADDRESS
COMMENT SHEET
Location and De.i~n Public Hearin~
London Bridge Road Improwement,
Cit~ of Virginia Beach
Wedne.da~, December 4, 1996
I Do you support the location and dcsign present?d at ~his meeting ? I1 I.o ~t~D,O~,r'~ -~ ,
2. What improvements to the des,ga would you like for us to consider ? ~(,r~rer~ti tilt° ~qVto
~ "lease provide us wi;h ~y additional infomafion which you feel would ~sis~ in ~he compleuon of
dl¢ sc project.
4. Do you support the~ projects ? NO ~YES ~
With Modificauoas ~/~
How did YOU lzar about this ~ ?
Newspal~r D/mt Mail
VDOT Roadway SiLzn,. ~ Oti~r
6 Were VDOT Repnmemativ~s able to answer YO UR questions ?
If not, were y~ off=ed fimb:r asm'tance ?
Ples~ lelve thiq comment sheet It the cle~ignlted location or ~ your comm~Jlt~
Wl~ 10 DAY~; to the addressee on the reverse side.
Projects:U000-134-V30,PE- 101
Federal Project: 5TP-5403 (259)
Projects: U000-134-130,RW-201,C-501
U000-134-129,RW-201,C-501
Project: U000-134-V29,PE 101
Federal Pruject: M-5403 (2
JlA. u,-~ ~'~ l.Z.J
o.
DEPARTMENT OF THE NAVY
NAVAL AIR STATION OCEANA
VIRGINIA BEACH VII~GINIZX 23460-5120
Mr. Robert Owen
Transportation Engineer
Commonwealth of Virginia
Department of Transportation
P.O. Box 1070
Suffolk, Virginia 23434
Re- VDOT Projects U000-134-V29 & U000-134-V30
Dear Mr. Owen'
11000
Ser 186/2278
December 20, ~99~,
Dr'C " 1,~g6
The following comments are forwarded based upon a review of the
plans for the subject projects as presented during the Location
and Design Public Hearing held on December 4, 1996-
U000-134-V29:
Sheets 10 & 13: Demolition of the ex~sting pavement is shown at
the new entrances to the NAS Oceana roads leading to the old
mini-bike park (just south of STA 161+00) and to the fuel farm,
but new pavement is not indicated at the entrances.
Sheet 10: It is requested that a turn-out lane be provzded for
the north-bound lane at the entrance to the NAS Oceana fuel farm.
Sheet 13- Demolition of the existing pavement is shown at the
new entrance to the NAS Oceana road leading to the old m~ni-blke
park (just south of STA 161+00), but new pavement zs not
indicated at the entrance.
Sheet 8: The plans show that the west end of the existing Boat &
Camper Shop is in conflict with the proposed sidewalk and Ks
within a couple of feet of the new east lane of London Bridge
Road. However, demolition of the existing Boat & Camper Shop is
not indicated. In fact, the plans show a new entrance to this
facility. Since this facility will no longer be usable to the
'Navy as a result of this project, request that the entzre
facility be demolished, including all pavements and xmprovements,
and the area restored to natural conditions. Also, as previously
discussed, it is our understanding that VDOT will relocate the
Boat & Camper Shop to another site to be selected by NAS Oceana.
A conceptual plan showing the proposed plans for the new facility
were faxed to Mr. Leo Rutledge in your Richmond offzce on
December 12, 1996.
In a previous letter to VDOT, we expressed our concerns with
proposed stormwater management and suggested an alternative
design be developed, or the proposed stormwater management basin
be relocated to the agricultural field immediately south of the
proposed location. As discussed in that previous letter, Navy
policy discourages ponded water in certain locations near
airfield runways. However, locations where bird activity is not
anticipated to cross major aircraft flight routes may be suited
to the use of wet ponds. We would like this proposed stormwater
control basin to be relocated to the agricultural field
immediately south of the proposed site in order to conserve a
mature stand of trees. This should preserve the natural
stormwater control capacity of the area, reduce project costs and
reduce potential Bird/Aircraft Strike Hazard (BASH).
U000-134-V29 & U000-134-V30:
Although not detailed in the drawings, it is our understanding
that landscaping will be provided as a m~tlgatlon measure for
removal of the trees on NAS Oceana property along the east side
of the existing London Bridge Road. NAS Oceana representatives
met with the City of Virginia Beach some months ago and developed
conceptual drawings showing the proposed fencing, gate and
landscaping locations. My staff has contacted Mr. Bobby Pugh,
Project Engineer for the City of Virginia Beach, to request a
copy of those conceptual plans. These will be forwarded to you
upon receipt for further landscaping and gate location planning.
Finally, please coordinate these plans with the contractor who
owns the jet fuel supply lines which run underneath London Bridge
Road to insure that there will be no interruption in ]et fuel
delivery to NAS Oceana.
NAS Oceana point of contact for this project is Mr. T. L.
Switzer, telephone 433-2226.
DANIEL A. BERENATO
LCDR, CEC, U.S. Navy
By direction of the
Co~-unanding Officer
Copy to:
Commander, Atlantic Division,
Naval Facilities Engineering Command (Codes 2032RW & 241PH),
Norfolk, Virginia
VIRG ·
January 9, 1997
Mr. J. C. Cleveland
Suffolk District Administrator
Virginia Department of Transportation
P. O. Box 1070
Suffolk, Virginia 23439
One Columbus Center, Su:te 300
Vlrg:ma Beach, VA 23462
[757) 499-4567
FAX (757) 499-9894
Robin D Ray, Chazr
F Dudley Fulton, Vice-Chair
W Brantley Basmght III, Secretam.
David A King, Jr , Assistant Secretary
Kenneth D Barefoot, Treasurer
Stephen W Burke
Thomas J Lyons, Jr
RE' London Bridge Road Widening Project
VDOT Project #U000-134-V29, PE101
Dear Mr. Cleveland'
Our engineering consultant has reviewed the plans for the referenced project. Their review
focuses on the potential impacts to the-remaining available parcels adjacent to London
Bridge Road, as well as the existing Lillian Vernon facility, and is separated into two
categories: Drainage Comments, which addresses the proposed locations of temporary
and permanent detention basins and the impact of run-off from London Bridge Road
channeled through the park; and Access Comments, which outlines our recommendations
for the locations of median crossovers.
Drainaoe Comments:
1 ) VDOT Sheet 7C - Crusader Circle - The plans do not identify the course of the water
as it is discharged from structure 7C-2. It appears as though the structure is located
outside of the existing ditch and drainage easement of record that currently handles
stormwater between Crusader Circle and Canal Number 2. As shown on the plans,
the discharge from this structure would flow across the Authodty's property. We are
also concerned that the outfall invert shown for structure 7C-2 is substantially lower
than the existing grade, which our topographic plans indicate at about 11.0. The
Virginia Beach Development Authority (VBDA) staff requests from VDOT the
location of the existing ditch and easement and the identification of existing grades
along the ditch centerline.
2)
VDOT Sfieet 7C - Crusader Circle - The plans do not indicate any pollutant removal
at structure 7C-2 prior to discharge into Canal Number 2. We recommend that a
stormwater BMP be constructed at this location to accommodate pollutant removal.
· JArl ' 1.~q' ...a:
J. C. Cleveland
January 9, 1997
Page Two
3)
4)
VDOT Sheet 7C - Crusader Circle - Authority staff requests full calculations to prove
the following:
a) The existing ditch located near structure 7C-2, which currently handles the
d~scharge from Crusader Circle, can accommodate the amount of additional
discharge coming from London Bridge Road; and,
b) The existing 21" and 42" downstream drainage pipes can handle the
increased amount of flow. We are particularly concerned about water backing up in
the existing ditch and pipe system, which might create flooding on existing sites
south of Crusader Circle.
VDOT Sheet 9B - London Bridge Road South - The VDOT plans indicate the
addition of a second 60" culvert to parallel the existing 60" pipe carrying water under
the road from west to east. The water comes from a ditch on the east side of
London Bridge Road which collects runoff from the road and the Oceana Naval Air
Station property. The runoff discharges on the west side of the road into an existing
ditch on OWCP property, which eventually flows into Canal Number 2. The VDOT
plans call for 300 linear feet of ditch improvements downstream of the outfall. We
question whether the limited ditch improvements proposed will be able to
accommodate the additional flow from the second culvert. We are also concerned
about potential problems downstream, given the odd angle of the ditch 100' past the
outfall. Authority staff requests full drainage calculations from VDOT to prove that
the proposed ditch improvements do not need to be extended to Canal Number 2
and that flooding will not occur on VBDA land outside the banks of the ditch.
VDOT Sheets 9B and 10B - London Bridge Road South - To protect the aesthetic
quality within the limits of the park, Authority staff requires 15' wide landscape
buffers outside of the proposed chain link fencing surrounding the stormwater
management basins. The landscape buffers should be designed to screen the
basins from the road and all adjacent VBDA property. The buffers should be planted
with double rows of staggered evergreen shrubs, with a minimum installation height
of 5-6'. We also recommend that the proposed fencing be constructed of black wnyl-
clad chain link. In lieu of the screening shrubs and enhanced fence treatment,
Authority staff requires VDOT to purchase an additional 50' of land around the
perimeters of the proposed permanent drainage easements to serve as screening
buffers. The existing vegetation within the 50' buffers should be maintained by
VDOT in an undisturbed state.
J. C. C/eve/and
January 9, 1997
Page Three
6)
VDOT Sheets 9B and 10B - London Bridge Road South - Authority staff requires
VDOT to purchase the areas within the proposed permanent drainage easements
in fee simple. The proposed basins are of no value to the Authority unless they are
sized to accommodate drainage from the adjacent OWCP parcels. In lieu of
purchasing the property, Authority staff requires VDOT to size the basins to handle
the runoff from the adjacent VBDA property.
7)
VDOT Sheet 12B- London Bridge Rcad South - The construction of the proposed
temporary sediment basin and the Taylor family's development of proposed Taylor
Farm Road will likely prohibit the future development of the southern portion of
existing Parcel Cl. The cost to remove the sediment from the temporary basin and
to import suitable backfill material will create an expense that will render the parcel
too expensive to develop. As stated in Langley & McDonald's review letter of the
Taylor Farm Master Plan (dated July 29, 1996), the construction of Taylor Farm
Road will divide Parcel Q into two pieces, leaving the southern portion with a total
area of approximately 0.9 acres. The developable area of the new southem parcel,
Q-l, will be reduced by roughly-one half with the construction of the temporary
sediment basin. Authority staff requires VDOT to purchase in fee simple the entire
parcel Q-1 created by the construction of Taylor Farm Road.
Access Comments:
8) VDOT Sheet 8 - London Bridge Road South - Authority staff requests a median
crossover to be located approximately at Station 66+00 to provide access to Parcel
CN-1 and the VBDA lands northward.
9)
VDOT Sheet 11 - London Bridge Road South - To provide access to the available
VBDA property at the southwest comer of the intersection of London Bridge Road
and International Parkway, we recommend the addition of a median crossover
located approximately at Station 90+00.
10)
L&M Sheet 6 - London Bridge Road North - Authority staff requ.ests a median
crossover located approximately at Station 111+30 to provide access to Parcel 93
from London Bddge Road.
11)
L&M Sheet 8- London Bddge Road North - To accommodate fire access and truck
traffic into the Lillian Vernon site, we recommend an additional median crossover
to be located approximately at Station 127+75. The median crossover should align
with the existing construction access road at the rear of the Lillian Vernon property.
J. C. Cleveland
January9, 1997
Page Four
Thank you for the opportunity to provide comments on this project. If you have any
questions about the review or require any additional information, please do not hesitate to
call me. Also, if you wish to arrange a meeting to discuss these items, please feel free to
contact me regarding a date and time.
Sincerely,
Anthony J. Russo
Project Development Representative
AJR/tga
cc: Larry Barry
Bob Boyette
Mark Wawner
VIRGINIA
BEACH.:
December 17, 1996
Mr. J.C. Cleveland
Suffolk District Administrator
Virginia Department of Transportation
P.O. Box 1070
Suffolk, VA 23439
One Columbus Center, Suzte 300
V~rg~ma Beach, VA 23462
~ 757) 499-4567
FAX [757) 499-9894
Robin D Ray, Chazr
F Dudlev Fulton, Vzce-Chatr
W Bramley Basmght III, Secretam.,
David A Krug, Jr , AmstantSecretary
Kenneth D Barefoot, Treasurer
Stephen W Burke
Thomas J Lyons, Jr
Re: VDOT Project #U000134V29PE101, London Bridge Road Widening Project
Dear Mr. Cleveland:
As a result of the recent public hearing held on December 4, 1996, for the above-
referenced project, the Virginia Beach Development Authority (VBDA) staff has
requested our engineering consultant review your design relative to our development
goals. This review specifically focuses on that portion of the project which impacts
Oceana West Corporate Park (OWCP) from the Lillian Vernon site southward to Shipp's
Comer Road.
Upon their initial review, the engineering consultant has advised us that your plans
indicate the placement of several stormwater features on the VBDA's property. We are
currently evaluating the impact of these improvements on our development patterns for
the property and wish to notify you that our final written comments will be presented to
you on or before January 5, 1997.
Thank you for the opportunity to provide comments on this project. Please contact me
if you have any questions or require any additional information prior to January 5, 1997.
Sincerely,
Anthony J. Russo
Project Development Representative
-
/ajr
CC:
Larry Barry
Bob Boyette
Mark Wawner
- 38 -
Item V-K. I O.
ORDINANCES
ITEM # 42401
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize the City Manager execute and enter into all TPC
Project documents, in substantially the same form as the proposed
documents on file tn the Office of the Ctty Clerk, re the TPC Golf
Facility at Lake Ridge.
Voting:
10-0 (By ConsenO
Council Members Voting Aye'
John A Baum, Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E Oberndorf, Nancy K. Parker and Vice Mayor Wdham
D Sessoms, Jr.
Council Members Voting Nay:
None
Councd Members Absent:
Loutsa M Strayhorn
July 8, 1997
ORDINANCE AUTHORIZING
CITY MANAGER TO EXECUTE
PROJECT DOCUMENTS WITH
RESPECT TO TPC GOLF
FACILITY
WHEREAS, PKF Consulting, Inc. Completed its "Golf Destination
8 Study" in January, 1996, concluding that Virginia Beach had
9 "potential to become a destination golf area" and further
10 recommending consideration of the Lake Ridge property for the
11 creation of "two to three courses, at least one being a signature
12 course," and Virginia Beach's expansion of its efforts to promote
13 golf, locally and regionally;
14
WHEREAS, in September, 1996, the Virginia Beach Golf Committee
15 presented its report to City Council incorporating the principal
16 recommendations of PKF as they relate to Lake Ridge, including the
17 development of "Tier 1" golf courses at Lake Ridge, as well as
18 other specific recommendations;
19
WHEREAS, in October, 1996, the Virginia Beach Development
20 Authority (VBDA) initiated a Request for Proposals (RFP) process
21 for the lease of land to develop a portion of the Lake Ridge
22 property for two golf courses, and selected PGA TOUR Golf Course
23 Properties, Inc., for the development of a Tournament Players Club
24 (TPC) because its proposal most closely met the criteria that are
25 considered critical to the success of Virginia Beach as a golf
26 destination;
27
WHEREAS, the VBDA has received a non-binding letter of intent
28 from PGA Tour Golf Course Properties, Inc., detailing the lease of
29 the necessary property, as well as the proposed construction and
30 operation of a TPC Tournament Course on the Lake Ridge property,
31 with an option to construct a second course thereon.
32
WHEREAS, By Ordinance 97-2449J adopted May 27, 1997, City
33 Council directed the City Manager and the City Attorney to proceed
34 with the development of the documents necessary and appropriate to
35 enter into an agreement for a proposed TPC golf facility at Lake
36 Ridge (the "TPC Project") and to return with final documents and
37 proposed actions by which City Council might authorize and enable
38 the VBDA to proceed with the contemplated Project;
39
WHEREAS, City Council has previously authorized funding of the
40 Project in the amount of $3,550,000 as CIP Project 9-004 (Lake
41 Ridge Golf Facilities);
42
WHEREAS, pursuant to the directive of City Council, the City
43 Attorney and City staff have negotiated with representatives of TPC
44 and developed documents to accomplish the intentions of City
45 Council as set forth in the aforesaid Ordinance;
46
WHEREAS, the major documents consisting of the Development
47 Agreement, the Coordination Agreement, the Escrow Agreement, the
48 Ground Lease and the Sublease are summarized in the attached TPC
49 Document Summary Term Sheet;
50
WHEREAS, the City will be a party to the Coordination
51 Agreement, the Ground Lease, and other TPC Project documents which
52 are or will be necessary to enable the VBDA and the TPC to proceed
53 with the TPC Project; and
54
WHEREAS, the City Manager seeks authorization to execute and
55 deliver the Coordination Agreement, the Ground Lease, and other TPC
56 Project documents which are or will be necessary to enable the VBDA
57 and the TPC to proceed with the TPC Project ("TPC Project
58 Documents") containing substantially the terms outlined in the
59 attached TPC Document Summary Term Sheet and in substantially the
60 same form as the proposed TPC Project Documents on file in the City
61 Clerk's Office.
62
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
63 BEACH, VIRGINIA:
64 That the City Manager, acting on behalf of the City, is
65 authorized to execute and enter into all TPC Project Documents,
66 specifically including the Coordination Agreement and the Ground
67 Lease, containing substantially the terms outlined in the attached
68 TPC Document Summary Term Sheet and in substantially the same form
69 as the proposed TPC Project Documents on file in the City Clerk's
70 Office, and as necessary, such other TPC Project Documents as may
71 be necessary on such terms and conditions as may be approved by the
72 City Manager subject to approval as to legal sufficiency by the
73 City Attorney.
74
75
ADOPTED: July 8, 1997
76
77
78
79
8O
81
82
83
84
85
86
87
88
89
CA-6917
NONCODE\TPC.ORD
R-2
PREPARED: July 2, 1997
APPROVED AS TO LEGAL
SUFFICIENCY:
TPC
DOCUMENT SUMMARY
TERM SHEET
I DEVELOPMENT AGREEMENT
A. Purpose: Basic Outline of the Transaction
B. Parties:
Virginia Beach Development Authority (VBDA) and TPC of Virginia
Beach, L.L.C., a Virginia hmited liability company (TPC)
C. Project Cost:
o
$3,500,000 to be provided by the City/VBDA for Offsite and Drainage
Improvements.
2. $3,500,000 to be equity capital invested by TPC.
3. ~ $4-6,000,000 additional construction loan by TPC.
D. Project Description:
lo
18 hole Tournament Course, driving range, practice greens, bunkers and
other practice facilities, clubhouse, maintenance facilities, parking area and
related buildings and improvements to be licensed by PGA TOUR, Inc. as
a Tournament Players Club with a 100 mile radius restriction.
,
Project to be designed and constructed by TPC using local contractors
wherever possible.
,
Project to be located on ~ 200 acres located near the municipal complex at
the southern end of the Lake Ridge property.
,
Project quality to be consistent with TPC of Tampa Bay in Tampa and TPC
at the Canyons in Las Vegas.
5. Basic Features of the project to be approved by VBDA.
.
PGA player consultant to be selected by VBDA and the City at a project cost
not to exceed $175,000.
E. Use of Project:
1. Project to be open to the public and operated year round for daily fee play.
2. TPC to have option to conduct Nike Tour event.
F. Option:
TPC to have option to lease additional ~ 200 acres for development of
second course through 12/31/02. (see V. E. 3 for more detail)
G. Related Documents:
1. Coordination Agreement
2. Escrow Agreement
3. Ground Lease
4. Sublease
H. Other Significant Provisions:
1. Assignment of TPC License to City/VBDA
2. TPC to use bonded contractors for construction.
II. COORDINATION AGREEMENT
A. Purpose:
Sets forth the respective rights and responsibilities of the parties
arising as a result of the VBDA's contractual arrangements with TPC
for the lease, construction and operation of the Project.
B. Parties: City and VBDA
C. Rights and Responsibilities:
le
City and VBDA to enter into a ground lease of the unimproved property on
which the course is to be constructed.
.
City to provide $3.5 million to VBDA to pay costs of design and construction
of offsite and drainage improvements.
o
City agrees (subject to appropriation) to contribute funds to the VBDA in an
amount sufficient to enable the VBDA to perform its monetary obligations
under the Development Agreement and the Sublease Agreement.
D. VBDA's Undertakings:
.
VBDA shall remit excess funds (if any) to the C~ty after payment for design
and construction of offsite and drainage improvements.
,
VBDA to pay rent in accordance with Ground Lease (pass-through of rent
payable under the Sublease).
o
VBDA's obligation to repay grants made by the City are restricted to rent and
other sums payable to the VBDA under the sublease.
.
VBDA shall not permit any hen or otherwise encumber VBDA's title and
interest ~n the land, Ground Lease, Development Agreement, the Sublease or
rent payable thereunder without the consent of C~ty.
E. Amendments and Default:
.
VBDA will not amend any terms of the Development Agreement or the
Sublease without approval of C~ty's Representative.
.
VBDA must promptly notify City of any material default under the
Development Agreement or the Sublease.
III. .ESCROW AGREEMENT
A. Purpose:
To permit a financial institution to serve as the Escrow Agent for
disbursement of the $7,000,000 invested up front by the VBDA and
the TPC as construction of the Project progresses.
B. Parties:
VBDA, TPC and financial institution to be selected by TPC and
approved by VBDA.
C. Other Significant Terms:
.
Restricts types of investments by the Escrow Agent of the escrowed funds to
those authorized for investment of public funds.
.
Requires separate accounts for the segregation of public funds and private
funds.
IV. GROUND LEA$E.
A. Parties:
City and VBDA
B. Property:
400 ± acres located near the municipal complex at southern end of the
Lake Ridge tract.
C. Rent:
a) $100.00 in advance.
b)
Annual payments equal to all rent and other sums received by VBDA from
TPC under the Sublease.
D. Term:
40 years, commencing on date of execution.
E. Use of Property:
Limited to golf course and related facilities.
F. Charges and Easements:
VBDA to pay all taxes and utility charges; City to grant VBDA such
easements for utilities as may be necessary.
G. Construction, Maintenance and Operation:
VBDA responsible for causing construction and maintenance of the Project.
H. Ownership:
At end of term, improvements to become property of City. If TPC does not
exercise option to construct a second course, VBDA shall release the portion
of the premises reserved for the second course to the City.
I. General Terms:
1. VBDA shall not permit liens or encumbrances on the property.
2. VBDA shall require TPC to maintain insurance.
3. VBDA indemnifies City
.
VBDA may not assign or sublet except as expressly provided in the Sublease
without approval of the City.
V. SUBLEASE
A. Purpose:
To sublease to TPC ~ 200 acres of unimproved property for the
development of the Project.
B. Parties:
Landlord - VBDA
Tenant - TPC
C. Term:
40 years (same as Ground Lease).
D. Rent:
$300,000 per year commencing with operations, offset by all taxes
(leasehold, admission, personal property, meal, business license, local
portion of state sales, etc.) generated by the Project.
E. Other Significant Provisions:
le
TPC option to hold Nike Tour event on terms to be fully set forth in separate
agreement, but including:
ae
City/VBDA commitment to contribute for up to five years non-prize
money or other legally permissible contributions in years 1 and 2 of
$150,000 per year, years 2 and 4 of $175,000 per year and year 5 of
$200,000.
be
Private sector contributions produced by the City/VBDA to be offset
against above obligation.
c. One year advance notice of event to be given by TPC.
2. Project to be named TPC of Virginia Beach.
3. Option:
TPC to have option to lease additional ~ 200 acres for
development of second course through 12/31/02. If
exercised, rent increases to $550,000 per year for entire
Project, subject to tax offsets.
- 39-
Item V-K. 11a.
ORDINANCES
ITEM # 42402
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Council ADOPTED:
Ordinance re annual compensation for City Council Appointee.
City Manager
Vottng. 9-1 (By ConsenO
Councd Members Voting Aye:
John A Baum, Ltnwood O. Branch, III, William W Harrison, Jr, Harold
Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E.
Oberndorf, Nancy K. Parker and Vice Mayor Wdliam D Sessoms, Jr
Counctl Members Vottng Nay.
Reba S. McClanan*
Counctl Members Absent'
Loutsa M. Strayhorn
* Verbal Nay
July 8, 1997
AN ORDINANCE PERTAINING
TO THE COMPENSATION OF
THE CITY MANAGER
WHEREAS, City Council has evaluated the performance of
5 the City Manager; and
WHEREAS, based upon this evaluation, City Council has
7 determined that an increase in the City Manager's compensation
8 would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, VIRGINIA:
11
That effective December 1, 1997, the salary of the City
12 Manager is hereby increased by four and one-half percent (4.5%)
13 from a level of $125,400.00 annually to a level of $131,043.00
14 annually.
15
16
Adopted by the Council of the City of Virginia Beach,
8 July
Virginia, on the day of , 1997.
17
18
19
20
CA-6724
ORD IN\NONCODE ~ SALARY. JKS
R-1
July 2, 1997
- 40 -
Item V-K. 1 lb.
ORDINANCES
ITEM # 42403
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordtnances re annual compensation for Ctty Counctl Appointees.
a. Ctty Attorney
b. C~ty Real Estate Assessor
c. City Clerk
Voting:
10-0 (By ConsenO
Counctl Members Vottng Aye
John A. Baum, Linwood 0 Branch, III, Wtlham W. Harrtson, Jr, Harold
Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan,
Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wtlham
D. Sessoms, Jr
Council Members Voting Nay:
None
Counctl Members Absent:
Loutsa M. Strayhorn
July 8, 1997
AN ORDINANCE PERTAINING
TO THE COMPENSATION OF
THE CITY REAL ESTATE
ASSESSOR
WHEREAS, City Council has evaluated the performance of
6 the City Real Estate Assessor; and
WHEREAS, based upon this evaluation, City Council has
8 determined that an increase in the City Real Estate Assessor's
9 compensation would be appropriate.
10
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA:
12
That effective March 1, 1998, the salary of the City Real
13 Estate Assessor is hereby increased by four and one-half percent
14 (4.5%) from a level of $69,000.00 annually to a level of $72,105.00
15 annually.
16
17
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of July , 1997.
18
19
20
21
CA-6726
ORD IN\NONCODE \ SALARY. JB
R-1
July 2, 1997
AN ORDINANCE PERTAINING
TO THE COMPENSATION OF
THE CITY ATTORNEY
WHEREAS, City Council has evaluated the performance of
5 the City Attorney; and
WHEREAS, based upon this evaluation, City Council has
7 determined that an increase in the City Attorney's compensation
8 would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, VIRGINIA:
11
That effective November 1, 1997, the salary of the City
12 Attorney is hereby increased by four and one-half percent (4.5%)
13 from a level of $105,000.00 annually to a level of $109,725.00
14 annually.
15
Adopted by the Council of the City of Virginia Beach,
16 Virginia, on the 8 day of July
, 1997.
17 CA-6725
18 ORDIN\NONCODE\SALARY.LLL
19 R-1
20 July 2, 1997
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY CLERK
WHEREAS, City Council has evaluated the performance of
4 the City Clerk; and
WHEREAS, based upon this evaluation, City Council has
6 determined that an increase in the City Clerk's compensation would
7 be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
9 OF VIRGINIA BEACH, VIRGINIA:
10
That effective November 16, 1997, the salary of the City
11 Clerk is hereby increased by four and one-half percent (4.5%) from
12 a level of $57,000.00 annually to a level of $59,565.00 annually.
13
Adopted by the Council of the City of Virginia Beach,
14 Virginia, on the 8 day of July
, 1997.
15 CA-6727
16 ORDIN\NONCODE\SALARY.RHS
17 R-1
18 July 2, 1997
July 1, 1997
Mr. Joe Frank
Chairman
Hampton Roads Metropolitan Planning Organization
723 Woodlake Drive
Chesapeake, Virginia 23320
Dear Joe:
This is to advise that the Norfolk City Council fully supports our representative to the
Hampton Roads Metropolitan Planning Organization voting in favor of constructing a third
crossing for Hampton Roads and, specifically, corridor Option #9.
As we see it, there are only two ways to relieve traffic congestion at the Hampton Roads
Bridge-Tunnel (HRBT) -- either double the capacity of the HRBT by laying another tunnel or
double the capacity of the Monitor Marrimac Bridge-Tunnel (MMBT) by laying another tunnel
there. Doing the former is designated in the Hampton Roads Crossing Study as Option gl.
Options #3, #6, #9 and gl 1 are proposed ways to accomplish the latter.
Option gl, expanding the HRBT, relieves congestion at the HRBT but is an unacceptable
remedy because the result is more congestion on 1-64 within Norfolk - approximately double the
current traffic count. This would result in more excess traffic on Norfolk's streets in the northern
part than would be the case with other alternatives and the construction of this alternative would
severely damage several Norfolk neighborhoods. Said differently, all traffic growth for the next
20 years would go through the HRBT and through north Norfolk, de-emphasizing 1-664 arid the
area it serves.
Options #3,//6, #9 and #11 relieve congestion at the HRBT, support port expansion to
Craney Island and tie all three ports together.
Mr. Joe Frank
July 1, 1997
Page 2
We think it is very important to emphasize that Options #3, #6, #9 and #11 not
only provide relief from traffic congestion at the HRBT by providing expanded access through
the MMBT, these options also provide new access through a linkage from 1-664 to Norfolk at
Norfolk International Terminals and the Naval Base. This means truck traffic that now relies on
~e HRBT to reach the port facilities at Norfolk International Terminals and the Naval Base will
have a more direct route and therefore will be le~$ of a contributing factor to congestion at the
HRBT~ Further, this would relieve the very undesirable truck traffic carrying containers from
one port to another on Norfolk's streets and especially on Hampton Boulevard.
Options #3 and//9 are preferred over Options #6 and #11 because they do not produce the
adverse social/residential impact. As between Options #3 and #9, Option #9 is preferable for
these reasons:
1) Option #9 causes significantly less residential impact than Option #3 because it does not
employ an interchange in Newport News.
2) Option #9 accommodates more total daily crossing traffic (270,000) than ANY option - which
by definition is the superior traffic option. Said differently - compared to Option//9, ALL other
options less adequately address total crossing demand to and from South Hampton Roads and
thereby adversely impact economic development for all communities.
3) Option #9 is less costly than Option #3 -- $1.8 billion versus $2.1 billion. This is seen by
removing $600 million in the Option #9 price tag for 1-664 expansions above and below the
MMBT. We believe such expansions should be independently funded by the state, as is the case
elsewhere in the Commonwealth, and not be part of a funding package that likely will require
tolls. We will join you in pushing for its construction once the crossing is approved.
With respect to sources of funding, we believe it is important to recognize that the
~election of a corridor option that benefits the ports and the Naval Base should open up funding
sources, both state and federal, that would not be available for alternatives that neither benefit the
state-owned ports nor the military. Moreover, since one-third of the lanes of the proposed facility
(and presumably one-third of the cost) would be built for and committed to mass transit, federal
and state funds dedicated for mass transit should be programmed to participate in meeting these
costs.
Mr. Joe Frank
July 1, 1997
Page 3
The Norfolk City Council is convinced that our region's future depends on our
transportation system, and acceptable access routes between the Peninsula and the Southside are
critical to this system. We recognize the substantial cost associated with building another crossing
but also know that the costs of not building will be greater.
With best personal regards, I remain
~/Paul D. Fraim
Mayor
cc: Hampton Roads Mayors & Chairs
- 41 -
Item V-K. 12.
ORDINANCES
ITEM # 42404
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution to state the support of the Virginia Beach Ctty Council for
further study of and need for funding options for a Third Crossing of
Hampton Roads; recommend approval of the Major Investment Study'
(MIS), con&tioned upon the expectation of at least $1-Btlhon m federal
funds; and, endorse no local sales or gas tax as fundtng mechamsms
(Sponsored by Councilman Louts R Jones
Voting
10-0 (By ConsenO
Councd Members Voting Aye'
John A Baum, Linwood O. Branch, III, Wtlham W Harrtson, Jr, Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vtce Mayor Wdham
D Sessoms, Jr.
Council Members Vottng Nay
None
Councd Members Absent'
Loutsa 3/1. Strayhorn
July 8, 1997
REQUESTED BY COUNCILMEMBER LOUIS R. JONES
RESOLUTION OF CITY COUNCIL STATING THE POSITION
OF THE CITY OF VIRGINIA BEACH ON THE PROPOSED
THIRD CROSSING OF HAMPTON ROADS
WHEREAS, the Hampton Roads Bndge Tunnel, a vital transportation link to the
region, is overcrowded; and
WHEREAS, by 2015, it is predicted there w~ll be delays of 15 minutes every hour,
and
WHEREAS, by 2015, the Monitor-Merrimac Bndge Tunnel w~ll have the congestion
currently exisbng at the Hampton Roads Bridge Tunnel, and
WHEREAS, the Virg~ma Department of Transportabon ~s currently studying a
proposed Third Crossing of Hampton Roads; and
WHEREAS, the Third Crossing opbon must be evaluated ~n light of many other
pressing transportation needs ~n Hampton Roads, and
WHEREAS, the construction of a Third Crossing ~s at least ten to fifteen years ~n
the future,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA.
1. That the Council ~s supportive of further study of and need for funding options
for a Third Crossing,
2. Of the options proposed in the Major Investment Study (MIS) currently under
review, Options 3 and 9 most fully meet the Purpose and Need stated in the MIS,
3. These options would cost as much as $2 5 bill~on
BE IT FURTHER RESOLVED.
That City Council recommends the approval of the MIS purely for the purpose of
moving forward a locally preferred alternative; however, this approval specifically comes
with no endorsement of a local sales tax or local gas tax as funding mechanisms for such
a Third Crossing;
This endorsement of the MIS ~s cond~boned upon the expectation that at least $1
billion in federal funds will be made available to the project No funds will be diverted from
the Southeastern Parkway and Greenbelt;
The Route 460 corridor shall be examined through a thorough Major Investment
Study and considered as a possible short term alternative to the more expensive Third
Crossing.
Adopted by the Council of the C~ty of V~rgin~a Beach, Virginia, on this
8th day of ,T,,~ :.. ,1997
- 42 -
Item V-K.l$.a.b.
ORDINANCES
ITEM # 42405
Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, City Counctl ADOPTED:
Ordinances to Authorize.
a. License Refunds: $13,350.46
b. Tax Refunds'
$ 3,s$$.o$
Voting
10-0 (By Consent)
Councd Members Voting Aye:
John A Baum, Ltnwood 0 Branch, III, William W Harrison, Jr, HaroM
Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan,
Mayor Meyera E Oberndorf Nancy K Parker and Vice Mayor Wilham
D Sessoms, Jr.
Council Members Voting Nay
None
Counctl Members Absent.
Loutsa M. Strayhorn
July 8, 1997
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Tamaya Chemical Corporation
1062 Lask~n Road s113a
Va Beach VA 23451
1997 01-16-97 9,343 00 405 90 9,748 90
This ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $9,748.90
of the C~ty of V~rg~n~a Beach on the 8th
Certdied as to Payment
~CO~::~m ~oVna:rg ho~t~hh e Revenue
Approved as to form
L%--~li~ L Lilley v
City Attorney ~
were approved by the Councd
day of ~'i::: ~
,19 97
Ruth Hodges Smith
City Clerk
FORMNO CA II~V 3~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification
of the Commismoner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Redford, Joann Renee
452 K~rkwood Lane
Va Beach VA 23452
RTR Inc
2661 Va Beach Blvd
Va Beach VA 23452
1994-96 Audit 103 04
1997 06-02-97 188 58
103 04
188 58
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $291 62
of the C~ty of V~rgin~a Beach on the 8th
Certified as to Payment
~~o me-~s ~ o na~rrg ~:: Revenue
Approved as to form
City Attorney '~ -
were approved by the Council
day of July
,19 97
Ruth Hodges Smith
City Clerk
FOflM NO CA IBREV 3~{~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Harrmgton, Marylove H
861 Cambridge Drive
Va Beach VA 23454
Johnston, dere Eugene
525 Honeysuckle Lane
Palmetto Ga 30268
R K Buick Inc
2651 Va Beach Blvd
Va Beach VA 23452
R K Chevrolet Inc
2661 Va Beach Blvd
Va Beach VA 23452
1996-97 Audit
1997 06-17-97
13 59 13 59
40 00 40 00
1994-96 Audit 1,047 12 1,047 12
1995-96 Audit
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $1,270.07
of the C~ty of V~rg~n~a Beach on the 8th
169 36 169 36
Certified as to Payment
Vaughar~-'"- - - -
Corhrfiismoner of the Revenue
Approved as to form
~'E'e~e L [~ley" ~ C~ty Attorney
were approved by the Counc,I
day of July
,1997
Ruth Hodges Smith
Crty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
EBSS M~deast Inc
P O Box 14445
St Lou~s MO 63178
Edwards, Leda L
438 Barcelona Lane
Va Beach VA 23452
Furniture & Floors Inc
133 Wdham R~chmond
Wdhamsburg VA 23185
1995-96 Audit
1995-97 Audit
1994-96 Aud ~t
255 8O 255 8O
42 00 42 00
77 93 77 93
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $375 73
of the C~ty of V~rg~n~a Beach on the 8th
Certrfied as to Payment
P V~'~ an -
~ssioner of the Revenue
Approved as to form
Eesl(e-L Lilley "/
C~ty Attorney
were approved by the Councd
day of July
,19 97
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Boca Group Inc (the)
P O Box 9767
Va Beach VA 23450
Burdette, Duane E
2484 MIrror Lake Drive
Va Beach VA 23456
Burtons Menswear Inc
P O Box 7043
Fredencksburg VA 23404-7043
Corporate Cafe Inc
5121 Crystal Point Drive
Va Beach VA 23455
1996-97 Audit 387 75
1995-96 Audit 10 06
1997 Audit 1,083 75
1995-97 Audit 182 58
Th,s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,664.14
of the C~ty of V~rg~n~a Beach on the 8th
387 75
lO o6
1,083 75
182 58
Certified as to Payment
./~ab/e~ Vauc~ha~l~
Calm'missioner of the Revenue
Approved as to form
'l~sli~ L Ldley
City Attorney
were approved by the Council
day of July
,19 97 ~
Ruth Hodges Smith
City Clerk
'ORM NO C.A 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera- Date Penalty Int.
NAME Year of Tax Number tion No. Paid
Total
Davidson, Harold L. & Cherry 94 RE(l/2)
Davidson, Harold L. & Cherry 94 RE(2/2)
Davidson, Harold L. & Cherry 97 RE(l/2)
Davidson, Harold L. & Cherry 95 RE(l/2)
Davidson, Harold L. & Cherry 95 RE(2/2)
Davidson, Harold L. & Cherry 96 RE(l/2)
Davidson, Harold L. & Cherry 96 RE(2/2)
Brinkley, Rondld D. & Mary 97 RE(l/2)
Brinkley, Rond~l~D. & Mary 97 RE(2/2)
City of Va. Beach 97 RE(l/2)
Chesson, Betty S. 97 RE(2/2)
Chartway Federal CU 97 RE(l/2)
Gualeni, Peter J. & Renee 97 RE(l/2)
Gualeni, Peter J. & Renee 97 RE(l/2)
City of Va. Beach 97 RE(2/2)
Durham, William D. & Karen 96 RE(2/2)
2700 International Parkway Cor 97 RE(l/2)
2700 International Parkway Cor 97 RE(2/2)
Henry, Patricia M. 97 RE(l/2)
Henry, Patricia M. 97 RE(2/2)
Expressway Motel Associates 97 RE(l/2)
Macys, Margaret L. & David 97 RE(1/2)
Macys, Margaret L. & David 97 RE(2/2)
Pleasant Acres Ltd. 97 RE(2/2)
Loehr, Glenn & Kathy 95 RE(l/2)
Morris, Daniel 97 RE(l/2)
Morris, Daniel 97 RE(l/2)
Morris, Daniel 97 RE(l/2)
City of V~. Beach 97 RE (1/2)
Fuller, Earl M. & margaret H. 97 RE(2/2)
Wal 1 is, Damon E. NA PKNG
Asher, Brenda E. NA PKNG
027968-0 11/17/93
027968-0 05/19/94
029033-4 11/19/96
028003-4 12/02/94
028003-4 06/05/95
028540-3 11/16/95
028540-3 05/31/96
013727-9 12/05/96
013727-9 06/05/97
054636-3 11/27/96
021330-1 01/29/97
024746-3 12/05/96
048678-4 09/18/96
048679-3 09/18/96
136312-9 05/22/97
135350-5 05/16/96
135950-8 11/18/96
135950-8 05/05/97
131581-4 11/26/96
131581-4 05/20/97
037286-1 11/29/96
074810-9 11/18/96
074810-9 04/10/97
096023-5 01/23/97
070728-0 02/09/95
129558-7 12/19/96
129559-6 12/19/96
129560-3 12/19/96
097178-6 12/19/96
042223-7 03/04/97
510878 03/24/97
B78243 06/11/97
39.90
39.90
29.74
39.90
39.90
38.61
38.61
35.61
35.61
648.42
75.45
564.25
190.62
74.59
830. O0
40.10
9.66
10.86
18.30
18.30
296X20
25.44
25.44
190.30
87.13
194.96
1.75
9.22
17.25
115.01
30. O0
24.00
3,835.03
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$3; 8_3 ~_ (~3 were approved by
the Council of the City of Virginia
Beach on the 8r.h day of _J.] ~- 1997
Ruth Hodges Smith
City Clerk
Jol~ T. Atk~son,"~re~s~rer
Approved as-to form:
L~'~he~ Lilley~-C,t~ Attor ey~
- 43 -
Item V-L.
PUBLIC HEARING
ITEM # 42406
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on
PLANNING
1. EDMUND C. R UFFIN/BQTS ASSOCIATES, L.P.,
A Virginia Limited Partnership
STREET CLOSURE
2. R. LEWIS BOGGS
STREET CLOSURE
3. POTTERS ROAD INVESTMENT GROUP
STREET CLOSURE
4. BA YVILLE FARMS ASSOCIATES, L. C.
STREET CLOSURE
5. THE R UNNYMEDE CORPORA TION
STREET CLOSURE
6. WILLIAMS HOLDING CORPORA TION,
A Virginia Corporation
VARIANCES
AND,
CHANGE OF ZONING
7. HERON RIDGE GOLF CLUB, L.C.
VARIANCES
AND,
CHANGE OF ZONING
8. CITY OF VIRGINIA BEACH
CONDITIONAL USE PERMIT
9. CONTRA CTORS PA VING COMPANY, INC.
CHANGE OF ZONING
July 8, 1997
- 44 -
Item V-L.
PUBLIC HEARING
ITEM # 42407
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one
motion Items 1, 2, 3, 5, 6, 7 and 8 of the PLANNING BYCONSENT
Item V-L 1 was AUTHORIZED for FINAL APPROVAL
Item V-L. 2. was AUTHORIZED for an ADDITIONAL 180-DAY DEFERRAL (January 27, 1998)
Item V-L.3. was AUTHORIZED for an ADDITIONAL 180-DAY DEFERRAL (January 27, 1998)
Item V-L.5 was APPROVED, subject to compliance of conditions (January 27, 1998)
Voting' 11-0
Counctl Members Vottng Aye.
John A. Baum, Lmwood 0 Branch, I[[, Wilham W. Harrison, Jr, Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wdliam D
Sessoms, Jr. and Louisa M Strayhorn
Counctl Members Voting Nay
None
Council Members Absent:
None
Council Lady Parker wtll ABSTAIN on Item V-L. 7 (HERON RIDGE GOLF CLUB, L.C.), as her
daughter has ridden horses on this property for the past eight years.
July 8, 1997
- 45 -
Item ~-L. 1.
PUBLIC HEARING
ITEM # 42408
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ,4 UTHORIZED
FINAL APPROVAL of an Ordinance in the Petttion of EDMUND C. RUFFIN/BQTS ASSOCIATES,
L.P., A Virginia Limited Partnership, for the discontinuance, closure and abandonment of a fifteen-foot
(15 ')-alley.
Apphcation of Edmund C. Ruffin/BQTS Assoctates, L P., a Vtrginta
Ltmited Partnership for the disconttnuance, closure and abandonment of
a 15' alley located between 6th Street and 7th Street beginning at the
eastern boundary of Pactfic Avenue and running easterly to the western
boundary of Atlantic Avenue adjacent to Lots 1-6 & Lots 7-12, Block 6,
Plat of The Ocean Lot Investment Co. Said alley contatns 4,101 square
feet. VIRGINIA BEACH BOROUGH
Voting:
1 I-0 (By ConsenO
Council Members Voting Aye:
John A Baum, Linwood O. Branch, IIL Wtlham W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E Oberndo~ Nancy K Parker, Vtce Mayor Wtlham D
Sessoms, Jr. and Loutsa M Strayhorn
Council Members Voting Nay:
None
Counctl Members Absent:
None
July 8, 1997
CITY OF VIRGINIA BEACH, VIRGINIA
TO: ORDINANCE OF VACATION
EDMUND C. RUFFIN and BQTS ASSOCIATES, L.P.,
a Virginia limited partnership
AN ORDINANCE VACATING AND DISCONTINUING A
PORTION OF A 15' ALLEY IN VIRGINIA BEACH BOROUGH
IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application of the applicants, Edmund C. Ruffin
and BQTS Associates, L.P., a Virginia limited partnership, to be presented to the City Council of
the City of Virginia Beach, Virginia, on the 3rd day of December, 1996, for the vacation of a pomon
of the hereinafter described alley in the City of Virginia Beach, Virginia, was on the 7th day of
November, 1996 and on the 14th day of November, 1996, duly published twice, with six days
elapsing between the two publications, in a newspaper published or having general circulation in the
City of Virginia Beach, Virginia, specifying the time a place of hearing at which affected persons
might appear and present their views, in conformity with the manner prescribed by the Code of
Virginia, Section 15.1-364, for the institution of proceedings for the vacation of a portion of the alley
in Virginia Beach, Virginia; and
WHEREAS, application was made to the City Council of the City of Virginia Beach,
Virginia on the 3rd day of December, 1996, and in conformity with the manner prescribed by the
Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City
of Virginia Beach, Virginia on the 3rd day of December, 1996, appointed Robert J. Scott, David M.
Grochmal, and Ralph A. Smith, as viewers to view such street and report in writing whether, in their
opinion, any, and if any, what inconvenience would result from discontinuing the same, and said
viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and after notice to the land properties
affected thereby, along the portion of the alley proposed to be vacated, ti is the judgment of the city
Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted,
conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no
inconvenience would result from vacating and discontinuing the portion of said alley, and that the
portion of said alley should be vacated and discontinued; and
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Virginia Beach,
Virginia,
GPIN # 2427-23-7544-0000 (Lots 1-6, Block 6, and the northern ~A of 15' alley)
GPIN # 2427-23-7389-0000 (Lots 7-12, Block 6, and the southern ~ of 15' alley)
1. That the following portion of an alley in Virginia Beach, in the Borough of Virginia
Beach, in the City of Virginia Beach, Virginia, be, and the same ~s hereby, vacated and discontinued:
ALL THAT certain piece or parcel of land, situate, lying and being in Virginia Beach
Borough, ~n the City of Virginia Beach, State of Virginia being that portion of a 15'
alley designated "15' Alley" on that certain survey made by Bruce W Gallup, Land
Surveyor, dated July 2, 1996, entitled "Street Closure Plat, 15' Alley Adjacent to Lots
1-6 & 7-12, Block 6, Plat of the Ocean Lot Investment Co.", which plat is attached
hereto and made a part hereof and is to be recorded simultaneously herewith,
reference to which is hereby made for a more particular description of said property.
2. A certified copy of this ordinance of vacation shall be recorded as deed are recorded
and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the name of
Edmund C. Ruffin and BQTS Associates, L.P., a Virginia limited partnership, as grantees, in the
Clerk' s Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the
applicants.
3. This ordinance shall be effective on the date of its passage
Certified to be a true and exact copy of an ordinance adopted by the City Council of the City
of Virginia Beach, Virginia, at its regular meeting held on the 8t:h day of .lul7 ,
1997.
TESTE:
BY:
RUTH HODGES SMITH, CITY CLERK
City Clerk
APPROVED AS TO
LEGAl.. SL~-- FiC
0
- 46-
Item V-L.2.
PUBLIC HEARING
ITEM # 42409
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Council ALLOWED AN
ADDITIONAL 180-DA Y deferral (January 27, 1998)for the Ordinances re dtsconttnuance, closure and
abandonment tn the Petition of R. LEWIS BOGGS (VIRGINIA BEACH BOROUGH) (Parcels 1 and 2).
Parcel 1 Alleyway located between 29th and $Oth Streets beginning at
the Western boundary of Arctic Avenue and running in a Westerly
&rection to the Eastern boundary of Holly Road
Parcel 2' Alleyway located 140.15 feet North of 27th Street begtnning
at the Eastern boundary of Holly Road and running 49 93 feet tn an
Easterly dtrectton (Parcels 1 and 2 contatn 6086.45 square feet).
Vottng.
11-0 (By Consent)
Councd Members Vottng Aye'
John A Baum, Ltnwood 0 Branch, III, Wdham W Harrtson, Jr., HaroM
Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan,
Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wdliam D.
Sessoms, Jr and Louisa M. Strayhorn
Councd Members Vottng Nay'
None
Counctl Members Absent'
None
July 8, 1997
-47-
Item V-L.$.
PUBLIC HEARING
ITEM # 42410
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ALLOWED
ADDITIONAL 180-DAY DEFERRAL (January 27, 1998) of an Ordtnance upon apphcatton of
POTTER'S ROAD INVESTMENT GROUP for the discontinuance, closure and abandonment of a
portion of Potters Road.
Apphcation of Potters Road Investment Group for the &scontinuance,
closure and abandonment ora portton of Potters Road beginning at the
southeast intersection of Potters Road and Wesley Drtve and runmng tn
a easterly &rectton a &stance of 270 feet more or less. Said parcel
contatns 6, 577. 56 square feet. L YNNHA VEN BOROUGH
Voting
11-0 (By Consent)
Councd Members Voting Aye.
John A Baum, Linwood 0 Branch, III, Wtlliam W. Harrtson, Jr, HaroM
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wtlliam D
Sessoms, Jr and Loutsa M Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
July 8, 1997
City of Virginia Beach
OFF,CE OF THE CITY MANAGER
(804) 427 4242
FAX {804) 427 4135
TDD ¢804) 427 4305
July31, 1997
MUNIC:PAL CENTER
v,RG~NIA BEACH vIRG'NIA 23456 9001
The Honorable Meyera E. Oberndorf and
Members of C~ty Council
Re: Proposed Traffic Safety Improvement ProJects
Dear Mayor and Members of Council'
Attached ~s a copy of the memo from the D~rector of Public Works, Ralph A. Smith, regarding
the s~gnal study at F~rst Court Road and Pleasure House Road. The ~ntersect~on meets warrants
for a traffic s~gnal. The Public Works Department will examine possible funding through the
Traffic Safety Improvement program of the CIP.
I trust you w~ll find th~s ~nformat~on useful. Please adwse ~f further ~nformat~on ~s desired.
W~th Pr~de ~n Our City,
~City_g;~anager
JKS/RMG/rgg
attachment
C. Oral Lambert, Jr.
Ralph A. Smith
OUR hl~'~
DEPARTMENT OF PUBLIC WORKS
(757) 427-4167
FAX (757) 426-5783
TDD (757) 427-4305
City of Virginia Beach
MUNICIPAL CENTER
BUILDING 2
2405 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9035
July 30, 1997
TO: James K. Spore
DEPT: Executive
FROM: Ralph A. Smith, P.E.
DEPT: Public Works
SUBJECT: Signal Study at First Court Road and Pleasure House Road
During the recent Shore Drive at Baylake Road Intersection Improvement briefing for City
Council the need for a traffic signal study at the intersection of First Court Road and Pleasure
House Road was indicated. The City Traffic Engineer reported we were in the process of
performing a study at this intersection, which had been requested by the Thoroughgood Civic
League.
The study is complete and the traffic volumes and vehicle delays noted in the study justify the
installanon of a traffic signal.
Funds are not currently programmed to signalize this intersection. The Traffic Safety
Improvement Committee will be meeting in September to prioritize Traffic Safety Improvement
Projects and recommend current year program revisions, as well as possible adjustments for next
year's funding for these projects. Following Public Works' review of the Committee's
recommendanons, we will forward the proposed program for your approval along w~th the
schedules for accomplishing those projects for which funding is available.
We have sent letters to the presidents of Thoroughgood, Church Point, and Bayville Park Civic
Leagues, informing them of the results of the traffic study.
Ralph A,//SmltN, ~.~/
D~rector
RAS/asp
cc John W Herzke, P.E.
- 48 -
Item V-L. 4.
PUBLIC HEARING
ITEM # 42411
PLANNING
Attorney Rtck Matthews, 192 Ballard Court, represented the apphcant
Thomas R. Metz, 4636 Church Point Place, Phone: 363-2193, referenced the concerns of the Church
Point Area restdents and requested certain recommendattons be tncluded in the CIP 2-133 engineertng
package. Said tn formation ts hereby made a part of the record.
Upon motion by Councilman Jones, seconded by Counctlman Heischober, City Counctl APPROVED the
Petttton of BA YVILLE FARMS A$SOCIATE$, L.C. for the dtsconttnuance, closure and abandonment
of a portton of Ftrst Court Road, subject to comphance of conditions by January 27, 1998.
Petttion of Bayvtlle Farms Associates, L C for the dtscontinuance,
closure and abandonment of a portion of First Court Road begtnntng at
the southern boundary of Shore Drtve and runmng in a southwesterly
chrectton a &stance of 1165 07 feet SaM parcel contatns 1 42 acres
BA YSIDE BOROUGH
The followtng condttions shall be requtred'
This portton of First Court Road shall not be closed untd such
ttme as the tmprovements to Shore Drtve/Baylake Road and
Baylake Road/Ftrst Court Road tntersecttons, planned as part
of CIP Project (2-133 Shore Drive Intersecttons), have been
completed. (Note ,d portton of the 1 42-acre stte proposed for
closure may need to be retatned by the Ctty for stormwater
detention purposes. This wtll be determined during detailed
review)
.
The City Attorney's Office will make the final determtnatton
regarding ownershtp of the underlying fee. The purchase price
to be paid to the Ctty shall be determtned according to the
"Pohcy Regarding Purchase of Ctty's Interest tn Streets
Pursuant to Street Closures, "approved by Ctty Counctl Coptes
of the pohcy are avadable in the Planmng Department.
The apphcant ts required to resubdivtde the property and
vacate internal lot lines to incorporate the closed area tnto the
adjoining parcels. The plat must be submitted and approved for
recordatton prior to.final street closure approval
The apphcant ts required to verify that no prtvate uttlittes extst
wtthtn the rtght-of-way proposed for closure. If private or
public utthttes do extst, easements sattsfactory to the uttItty
company, must be provtded
Closure of the right-of-way shall be contingent upon
comphance with the above-stated condtttons wtthtn 180 days of
approval by the City Counctl (27 January 1998)
ADDED:
Any cost or expenditure related to movement or replacement of
utdittes for this easement created or brought about as a result
of the closure, wtll be pard by the apphcant
July 8, 1997
- 49 -
Item V-L. 4.
PUBLIC HEARING
ITEM # 42411 (Continued)
PLANNING
Voting: 11- 0
Councd Members Voting Aye.
John A Baum, Ltnwood 0 Branch, III, Wdham W Harrison, Jr, Harold
Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wdham D.
Sessoms, Jr. and Louisa M Strayhorn
Councd Members Voting Nay
None
Councd Members Absent:
None
July 8, 1997
- 50-
Item V-L. 5.
PUBLIC HEARING
ITEM # 42412
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, City Counctl APPROVED the
petition of THE RUNNYMEDE CORPORATION, subject to compliance of condtttons by January 27,
1998, for the chscontinuance, closure and abandonment of the following streets:
Petition of The Runnymede Corporatton for the chscontinuance, closure
and abandonment of the following streets.
Ptne Street Beginmng at the Southern boundary of Fourth Street and
runntng 457. 03 feet in a Southerly &rection to the Northern boundary of
South Boulevard
Poplar Street: Begtnmng at the Southern boundary of Fourth Street and
runntng 456 99feet in a Southerly chrection to the Northern boundary of
South Boulevard
Said streets contatn 1 385 acres L YNNHA VEN BOROUGH.
The followtng conditions shall be requtred
,
The Ctty Attorney's Office wtll make the final determtnatton
regarding ownershtp of the underlying fee The purchase price
to be pard to the City shall be determined according to the
"Poltcy Regardtng Purchase of City's tnterest tn Streets
Pursuant to Street Closures, "approved by Ctty Counctl Coptes
of the pohcy are avatlable tn the Planmng Department.
The applicant is requtred to resubdivide the property and
vacate tnternal lot lines to incorporate the closed area into the
adjoining parcels, leavtng no lot without frontage on a public
rtght-of-way The plat must be submttted and approved for
recordation prior to final street closure approval
The apphcant ts required to vertfy that no private utilittes exist
within the rtght-of-way proposed for the closure Preliminary
comments from the uttltty companies indicate that there are no
prtvate utihttes wtthin the rtght-of-way proposed for closure. If
prtvate utdtties do exist, easements satisfactory to the uttltty
company, must be provtded
Closure of the right-of-way shall be contingent upon
compltance wtth the above-stated conchttons within 180 days of
approval by the Ctty Counctl (27 January 1998)
July 8, 1997
- 51 -
Item V-L. 5.
PUBLIC HEARING
ITEM # 42412 (Continued)
PLANNING
Voting.
11-0 (By ConsenO
Counctl Members Vottng Aye
John A Baum, Ltnwood O. Branch, III, Wilham W Harrtson, Jr, Harold
Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan,
Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wtlliam D
Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay.
None
Counctl Members Absent:
None
July 8, 1997
- 52 -
Item V-L. 6.
PUBLIC HEARING
ITEM # 42413
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED
Variances to Section 4.4(3), 4.1(m) (1)(3) and Sections 5.5(a) and (3) of the Subdiviston Ordinance and
ADOPTED an Ordinance upon apphcation of WILLIAMS HOLDING CORPORA TION for a Change
of Zoning:
Appeal to Dectsions of Administrative Officers tn regard to certain
elements of the Subdiviswn Ordmance, Sub&vision for Williams Hol&ng
Corporation, a Virginia Corporation. Property is located on the west stde
of Seaboard Road, 1400 feet more or less north of County Place.
PRINCESS ANNE BOROUGH.
Section 4 4(b) of the Subdiviston Ordinance - all lots created by
sub&vision meet all requirements of the City Zoning Or&nance
Section 4.1(m)(1)(b) - 30-foot pavement wtdth for minor residential
streets
Sections 5. 5(a) and (3) -installatton of curbs, gutters and storm dratns
The following conditton shall be requtred
No homes are to be developed on the site prtor to constructton
commencing on the 18-hole golf course planned for the
surroun&ng property
AND,
ORDINANCE UPON APPLICATION OF WILLIAMS HOLDING CORP.,
A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING FROM
AG-1 And AG-2 TO CONDITIONAL R-30 Z07971080
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF .VIRGINIA BEACH, VIRGINIA
Or&nance upon applicatton of Williams Hol&ng Corporation, a Virginia
Corporation, for a Change of Zoning District Classification from AG-1
and AG-2 Agrtcultural District to Condittonal R-30 Residential Dtstrtct
on the west stde of Seaboard Road, 1400 feet more or less north of
County Place The proposed zontng classtficatton change to Conditional
R-30 ts for stngle famtly residenttal land use on lots no less than 30,000
square feet The Comprehenstve Plan recommends use of this parcel for
agricultural use tn accordance wtth Plan policies regarding Transttton
Area ! Satd parcel contains 47251 acres PRINCESS ANNE
BOROUGH.
The following condition shall be requtred:
1. Agreement encompassing proffers shall be recorded with the
Clerk of Ctrcutt Court and is hereby made a part of the record.
Thts Or&nance shall be effective tn accordance wtth Sectton 107 09 of the Zontng Ordinance.
Adopted by the Council of the Ctty of Vtrgtnia Beach, Virgima, on the Eighth of Ju!¥ Ntneteen Hundred
and Ninety-Seven.
July 8, 1997
- 53 -
Item V-L. 6.
PUBLIC HEARING
ITEM # 42413 (Continued)
PLANNING
Voting.
I I-0 (By ConsenO
Councd Members Voting Aye
John A Baum, Ltnwood 0 Branch, IIL Wilham W. Harrison, Jr, Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wilham D.
Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Vottng Nay
None
Councd Members Absent
None
July 8, 1997
FIM NO P S. lB
City of Virginia Beach
I I~ITER-OFFI CE CORRESPOIVDEIVCE
In Reply Refer To Our File No. DF=4427
DATE: June 30, 1997
TO: Leslie L. Liiley DEPT: City Attorney
FROM: William M. Macal~l"( DBPT: City Attorney
Conditional Zorfing Application- Williams Holding Corp.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 8, 1997. I have reviewed the subject proffer agreement, dated March
31, 1997, and have determined it to be legally sufficient and in proper legal form. A copy of
the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
-'~ES BOUMDON
~rrORNEY$ AT I. AW
WILLIAMS HOLDING CORP., a Virginia corporation
CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia
THIS AGREEMENT, made this 31st day of March, 1997, by
and between WILLIAMS HOLDING CORP., a Virginia corporation,
GRANTOR, party of the first part; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of
Vi rgini a, to be indexed as GRANTOR and GRANTEE, party of
the second part.
w I TNES S E TH ·
WHEREAS, GRANTOR is the owner of a certain parcel of
property located in the Princess Anne Borough of the City of
Virginia Beach, containing approximately 47.27 acres and
described as "Parcel One" in Exhibit "A" attached hereto and
incorporated herein by this reference. A portion of said
property consisting of approximately 45.26 acres along with
approximately 3.25 acres of Parcel Two, as hereindescribed is
hereinafter collectively referred to as the "Property"; and
WHEREAS, the party of the second part is the owner of
a parcel of property located in the Princess Anne Borough of
the City of Virginia Beach, containing 267. 104 acres and
·
described as Parcel Two in Exhibit "A" to this Agreement. A
portion of said parcel consisting of approximately 3.25 acres
along with the approximately 45.26 acres of Parcel One as
hereindescribed is hereinafter collectively referred t~o as the
"Property"; and
WHEREAS, the party of the first part desires to
dedicate a 2.01 acre portion of Parcel One and tender
additional consideration to the party of the second part in
exchange for the conveyance by the party of the second part of
the hereindescribed portion of Parcel Two consisting of
approximately 3.25 acres; and
PREPARED BY SYKES, CARNES, BOURDON & AHERN, P.C.
- 1 -
ARNES BOURDON
~HERN, P C
;INEY~ AT LAW
WHEREAS, the GRANTOR, by petition addressed to the
GRANTEE, has initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia so as to change the
Zoning Classification of approximately 48.51 acres comprising
the "Property" and described in Exhibit "B" attached hereto and
incorporated herein by this reference from AG-1 and AG-2 to
R-30 Conditional; and
WHEREAS, the GRANTEE'S policy is to provide only for
the orderly development of land for various purposes through
zoning and other land development legislation; and
WHEREAS, the GRANTOR acknowledges that the competing
and sometimes incompatible uses conflict and that in order to
permit differing uses on and in the area of the Property and at
the same time to recognize the effects of change, and the need
for various types of uses, certain reasonable conditions
governing the use of the Property for the protection of the
community that are not generally applicable to land similarly
zoned are needed to cope with the situation to which the
GRANTOR'S rezoning application gives rise; and
WHEREAS, the GRANTOR has voluntarily proffered, in
writing, in advance of and prior to the public hearing before
the GRANTEE, as a part of the proposed amendment to the Zoning
Map, in addition to the regulations provided for the R-30
·
Zoning District by the existing overall Zoning Ordinance, the
following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted
as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to
the rezoning and the need for which is generated by the
rezoning.
NOW, THEREFORE, the GRANTOR, for itself, its
successors, personal representatives, assigns, grantees, and
other successors in title or interest, voluntarily and without
any requirement by or exaction from the GRANTEE or its
- 2 -
$ CARNES BOU~DON
· AHERN P C
,I'TOI~INEY$ AT LAW
governing body and without any element of compulsion or quid
pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby makes the following declaration of
conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and
hereby covenant and agree that this declaration shall
constitute covenants running with the Property, which shall be
binding upon the Property and upon all parties and persons
claiming under or through the GRANTOR, its successors, personal
representatives, assigns, GRANTEE, and other successors in
interest or title and which will not be required of the GRANTOR
until the Property is developed:
1. When the Property is developed, it shall be
subdivided into no more than fifty-seven (57) single family
residential building lots substantially as shown on the exhibit
entitled "CONCEPTUAL PLAN OF HERON RIDGE GOLF CLUB AND HERON
RIDGE ESTATES ON SEABOARD ROAD", dated April 1, 1997, which has
been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning
(hereinafter "Development Plan").
2. When the Property is developed, each subdivided
lot shall contain a minimum of thirty thousand (30,000) square
feet.
3. The subdivision depicted on the Development Plan
shall be governed by a Property Owners Association which shall
be responsible for maintaining common areas and enforcing
,
recorded Covenants and Restrictions.
4. All homes constructed on lots in the depicted
subdivision shall contain a minimum of two thousand five
hundred (2,500) square feet of enclosed living area (excluding
garage).
5. Lots within the subdivision shall be platted with
no lot line within one hundred seventy-five feet (175') of the
centerline of any fairway extending from a point one hundred
- 3 -
NE$ BOU~DON
lIN, PC
E¥$ AT IAW
(100) yards in front of the center of the men's "white teebox"
to the back of the "green". Within one hundred (100) yards of
the center of the men's "white teebox", no lot shall have a
platted lot line within one hundred feet (100') of the
centerline of any fairway. The lots to which this restriction
applies shall be designated on the Subdivision Plat.
6. No building permit may be sought for a home on
any of the lots depicted on the Development Plan until
construction of the eighteen hole golf course depicted on the
Development Plan begins.
7. Further conditions may be required by the GRANTEE
during detailed Site Plan and/or Subdivision review and
administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code
requirements. Any references hereinabove to the R-30 Zoning
District and to the requirements and regulations applicable
thereto refer to the Zoning Ordinance and Subdivision Ordinance
of the City of Virginia Beach, Virginia, in force as of the
date of approval of this Agreement by City Council, which are
by this reference incorporated herein.
The above conditions, having been proffered by the
GRANTOR and allowed and accepted by the GRANTEE as part of the
amendment to the Zoning Ordinance, shall continue in full force
·
and effect until a subsequent amendment changes the zoning of
the Property and specifically repeals such conditions. Such
conditions shall continue despite a subsequent amendment to the
,
Zoning Ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised
Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and executed by the
record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by
- 4 -
S CARNES BOURDON
& AHERN. P C
~1'I'ORNEY~ AT LAW
the GRANTEE in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the
GRANTEE, after a public hearing before the GRANTEE which was
advertised pursuant to the provisions of Section 15.1-431 of
the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded,
said instrument shall be void.
The GRANTOR covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia
Beach, Virginia, shall be vested with all necessary authority,
on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions
and restrictions, including the authority (a) to order, in
writing, that any noncompliance with such conditions be
remedied; and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and
restrictions shall constitute cause to deny the issuance of any
of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning
Administrator, made pursuant to these provisions, the GRANTOR
shall petition the governing body for the review thereof prior
,
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol
on the map the existence of conditions attaching to the zoning
of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the names of the GRANTOR and the GRANTEE.
- 5 -
:INES BOUROON
ERN, P C
IEY$ AT tAW
WITNESS the following signatures and seals:
GRANTOR:
WILLIAMS HOLDING CORP.,
corporation
!
E. R. Bowler, President
Virginia
( SEAL )
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
this 1st
Williams
The foregoing
day of April,
Holding Corp.,
instrument was acknowledged before
1997, by E. R. Bowler, President
on behalf of said corporation.
My Commission Expires:
COMMISSIONED A~:
,~NITA R, HERSHL'EF
me
6482i
A'ITEST:
Clerk
CITY OF VIRGINIA BEACH
a municipal corporation
STATE OF VIRGINIA'
CITY OF VIRGINIA BEACH:, to-w~t:
I, ~./~/. ~) o I ~. et., a Notary Public ~n and for the City and State aforesaid, do hereby
certify that JAMES K. SPORE, City Manager for the City of VIrglhla Beach, Virginia, whose name as
such ~s s~gned to the foregmng Agreement, has acknowledged the same before me ~n my C~ty and State
GIVEN under my hand th~s q t ~
-- day of ~"ta.. ~. ,1997
Notary Pubhc
My Commission Exp,res: ~ ~
aforesmd.
STATE OF VIRGINIA:
CITY OF VIRGINIA BEACH:, to-w~t:
I, /~. t°l. D -~ I a. ~., , a Notary Public ~n and for the C~ty and State aforesmd, do hereby
cemfy that RUTH HODGES SMITH, C~ty Clerk for the City of V~rgmm Beach, V~rgmm, whose name
as such ~s signed to the foregoing Agreement, has acknowledged the same before me m my Oty and State
aforesmd. % ~. ,
GIVEN under my hand th~s ~ -- day of ~ ~. ~. ~. ,1997.
Notary Pubhc
My Commission Expires: _~/_~_~' ~
-- 6
EXHIBIT
PARCEL ONE
ALL THAT certain piece or parcel of land, with any improvements
thereon, situate, lying and being in the City of Virginia
Beach, Virginia, and being known, numbered and designated as
Parcel B-1 as shown on that certain plat entitled
"Resubdivision of Parcels A2, A4, A5, A6, A7, B As Shown on
Subdivision of Property of Williams Holding Corporation and
Property of The City of Virginia Beach, Virginia, Ref. M.B.
232, P. 20-24; M.B. 238, P. 12; D.B. 2787, P. 1654; Princess
Anne Borough, Virginia Beach, Virginia", prepared by Talbot
Group and recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia in Map Book 242, at
Page 7.
GPIN 2403-54-5786
PARCEL TWO
ALL THAT certain piece or parcel of land containing 267.104
acres being designated as Parcel A5-A on that certain plat
entitled "Resubdivision of Parcels A2, A4, A5, A6, A7, B As
Shown on Subdivision of Property of Williams Holding
Corporation and Property of the City of Virginia Beach,
Virginia, Ref. M.B. 232, P. 20-24; M.B. 238, P. 12; D.B.
2787, P. 1654; Princess Anne Borough, Virginia Beach,
Virginia", prepared by Talbot Group and recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 242, at Page 11.
GPIN 2403-64-2728
S CARNES BOURDON
& AHERN P C
~TTORNEY~ At' tAW
- 7 -
EXHIBIT "B#
"THE PROPERTY'
Beginning at a point on the western right-of-way line of
Seaboard Road at the southeast corner of Parcel B, 5.58 acres
as depicted on that certain plat entitled "Subdivision of
Parcel 2-A, a portion of the property owned by Joseph E. and
Jack P. Burroughs", made by Miller-Stephenson and Associates,
P.C., recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in Plat Book 231, at Page
99, thence running with the westerly line of Seaboard Road S
12" 16' 28" E 268.15' to a point; thence S 72" 00' 25" w
218.38' to a point; thence S 38" 06' 33" W 140.58' to a
point; thence N 60" 38' 19" W 214.73' to a point; thence S
29" 21' 41" W 72.00' to a point; thence S 60° 38' 19" E
145.39' to a point; thence S 45° 08' 00" E 189.66' to a
point; thence S 23" 13' 23" E 342.84' to a point; thence S
01" 05' 04" W 227.39' to a point; thence S 00° 10' 09" E
218.12' to a point; thence S 03" 22' 54" E 59.79' to a point;
thence S 03" 15' 42" E 101.91' to a point; thence S 03° 22'
54" E 57.07" to a point; thence S 08" 54' 29" E 533.95' to a
point; thence S 56° 22' 40" W 249.15' to a point; thence S
82° 40' 38" W 234.86' to a point; thence N 13° 01' 50" w
397.91' to a point; thence N 02" 04' 02" W 871.14' to a
point; thence N 45" 19' 37" W 187.75' to a point; thence with
a curve to the right having a radius of 341.49', an arc
distance of 52.11' to a point; thence S 54" 42' 28" W 74.54'
to a point; thence S 57" 29' 10" W 174.33' to a point; thence
with a curve to the left having a radius of 198.37', an arc
distance of 172.02' to a point; thence S 06° 46' 34" w 117.08'
to a point; thence with a curve to the right having a radius
of 361.61', an arc distance of 157.71' to a point; thence with
a curve to the right having a radius of 825.00', an arc
distance of 165.47' to a point; thence S 22° 43' 49" E 187.21'
to a point; thence S 08° 38' 48" W 409.96' to a point; thence
S 37° 34' 50" W 292.90' to a point; thence N 44° 47' 17" E
409.23' to a point; thence S 86" 14' 03" w 814.30' to a
point; thence N 88° 50' 19" W 232.17' to a point; thence S
60° 40' 18" W 145.73' to a point; thence N 15° 01' 11" w
253.83' to a point; thence N 23" 42' 47" w 294.06' to a
point; thence S 87" 58' 12" E 458.58' to a point; thence N
78° 06' 48" E 208.46' to a point; thence N 77° 59' 30" E
1587.12' to a point; thence N 70" 47' 46" E 37.56' to a point;
~thence N 53° 32' 29" E 277.13' to a point; thence S 61° 53'
149" E 117.44' to a point; thence N 03° 33' 18" E 19.34' to a
point; thence N 06" 27' 12" E 122.39' to a point; thence with
a curve to the right having a radius of 248.37', an arc
distance of 215.38' to a point; thence N 57° 29' 10" E 161.84'
'to a point; thence N 54" 51' 31" E 82.27' to a point; thence
with a curve to the left having a radius of 291.50', an arc
distance of 432.99' to a point; thence N 44° 05' 13" W 118.~70'
to a point; thence with a curve to the right having a radius
of 647.14', an arc distance of 51.20' to a point; thence N 44°
05' 13" W 126.02' to a point; thence N 70° 32' 54" E 828.76'
to the point of beginning. Said property contains 48.51± acres
and is located in the Princess Anne Borough of the City of
rginia Beach, Virginia.
6482i
~NES BOURDON
ERN, P C
IEY~ AT LAW
- 8 -
- 54 -
Item V-L 7.
PUBLIC HEARING
PLANNING
ITEM # 42414
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED
Variances to Section 4 l(m) (1)(b) and Secttons 5 5(a) and (b) of the Sub&vision Or&nance and
ADOPTED an Or&nance upon apphcatton of HERON RIDGE GOLF CLUB, L.C. fi>r a Change of
Zomng:
Appeal to Dectstons of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdiviston for Heron Rtdge Golf
Club, L C Property is located 1400feet more or less west of Seaboard
Road, 600feet southeast of Bernadotte Street PRINCESS ANNE ROAD
Section 4.1(m)(1)(b) - 30-foot pavement wtdth for mtnor residenttal
streets
Sections 5 5(a) and (b) - installation of curbs, gutters and storm drains
The following condition shall be required:
No homes are to be developed on the site prtor to constructton
commencing on the 18-hole golf course planned for the
surroundtng property
AND,
ORDINANCE UPON APPLICATION OF HERON RIDGE GOLF CLUB,
L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-1 AND AG-2 TO CONDITIONAL R-20 Z07971081
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Heron Rtdge Golf Club, L C for a
Change of Zomng Dtstrtct Classtficatton from AG-1 and AG-2
Agricultural Districts to Conchtional R-20 Restdenttal Dtstrtct on certatn
property located 1400feet more or less west of Seaboard Road begtnntng
at a point 600feet southeast of Bernadotte Street The proposed zoning
classification change to Condtttonal R-20 is for single family restdenttal
land use on lots no less than 20,000 square feet The Comprehenstve
Plan recommends use of this parcel for agricultural use tn accordance
wtth Plan polictes regarding Transttton Area III Said parcel contatns
69.16 acres. PRINCESS ANNE BOROUGH
The followtng conditton shall be required:
1 Agreement encompasstng proffers shall be recorded with the
Clerk of Circuit Court and is hereby made a part of the record.
This Ordinance shall be effecttve in accordance with Sectton 107 09 of the Zontng Ordinance.
Adopted by the Council of the Ctty of Virgtnia Beach, Virginia, on the Etghth of July Ntneteen Hundred
and Ntnetv-Seven
July 8, 1997
- 55 -
Item V-L. 7.
PUBLIC HEARING
ITEM # 42414 (Continued)
PLANNING
Voting.
10-0 (By ConsenO
Council Members Vottng Aye
John A Baum, Ltnwood 0 Branch, III, William W. Harrtson, Jr, HaroM
Hetschober, Barbara M. Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E Oberndo~ Vice Mayor William D Sessoms, Jr and
Louisa M Strayhorn
Council Members Voting Nay
None
Council Members Abstaining.
Nancy K Parker
Counctl Members Absent'
None
Council Lady Parker ABSTAINED, as her daughter has rtdden horses on this property for the past eight
years
July 8, 1997
~'ORM NO P $ lB
City of Virginia Beach
In Reply Refer To Our File No. DF-4428
DATE: June 30, 1997
TO:
FROM:
Leslie L. LilJey DEPT: City Attorney
William M. Mac. ali ~ DEPT:
City
Attorney
Conditional Zoning Application - Heron Ridge Golf Club, L.C., et als
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 8, 1997. I have reviewed the subject proffer agreement, dated March
31, 1997, and have determined it to be legally sufficient and in proper legal form. A copy of
the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
W/VIM/
Enclosure
CAIrNEd, BOUFIDON
, AHEFIN. P C
ORNEYS AT LAW
HERON RIDGE GOLF CLU~, L.C., a Virginia limited liability
company,
RALPH G. MOONEY and JUDY D. MOONEY, husband and wife,
ANITA L. DUNN,
JOHNNIE R. HARTLEY and PAGE B. HARTLEY, husband and wife
CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia
THIS AGREEMENT, made this 31st day of March, 1997, by
and between HERON RIDGE GOLF CLUB. L.C., a Virginia limited
liability company, GRANTOR, party of the first part; RALPH
G. MOQ~ and JUDY D, MOONEd, husband and wife, and ANITA
L. DUNN, GRANTORS, parties of the second part; JOHNNIE R,
~ and PAGE B. HARTLE~, Trustees of a Revocable Living
Trust, GRANTORS, parties of the third part; THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, to be indexed as GRANTOR and ~, party of
the fourth part.
WHEREAS, the parties of the second part are the owners
of a certain parcel of property located in the Princess Anne
Borough of the City of Virginia Beach, containing a total of
approximately 56.56 acres and described as 'Parcel One" in
Exhibit "A" attached hereto and incorporated herein by this
reference. A portion of said parcel consisting of
approximately 13.67 acres along with a portion of Parcel Two as
described herein is hereinafter collectively referred to as the
# Property'; and
WHEREAS, the party of the fourth part is the owner of
a parcel of property located in the Princess Anne Borough of
the City of Virginia Beach, containing a total of approximately
46.78 acres and described as 'Parcel Two" in Exhibit 'A' to
this Agreement. A portion of said parcel consisting of
approximately 15.96 acres along with the portion of Parcel One
as described herein is hereinafter collectively referred to as
the "Property"; and
PREPARED BY SYKES, CARNES, BOURDON & AHERN, P.C.
-- i --
ES CAFINE$. BOURDON
& AHERN. P ¢
~TTORNEYS AT LAW
WHEREAS, the parties of the third part are the own~
of a certain parcel of property located in the Princess Ar
Borough of the City of Virginia Beach, containing approximat~
10.59 acres and described as 'Parcel Three' in Exhibit
attached hereto and incorporated herein by this reference;
WHEREAS, the party of the first part is the contra
purchaser of Parcel One and Parcel Three described herein; an~
WHEREAS, the party of the first part desires
dedicate a portion of Parcel One, consisting of approximate~
42.89 acres, and all of Parcel Three to the party of the fourt
part in exchange for the conveyance by the party of the fourt
part of the afore referenced portion of Parcel Three consisti~
of approximately 15.96 acres~ and
WHEREAS, the party of the first part, by petiti¢~
addressed to the GRANTEE, has initiated a conditional amendmenl
to the Zoning Map of the City of Virginia Beach, Virginia so
to change the Zoning Classification of approximately 29.~-
acres comprising the 'Property' and describe~ in Exhibit
attached hereto and incorporated herein by this reference fro~
AG-1 to R-20 Conditional; and
WHEREAS, the GRANTEE'S policy is to provide only
the orderly development of land for various purposes throu§lll
zoning and other land development legislation; and
WHEREAS, the GRANTORS acknowledge that the competi~!
and sometimes incompatible uses conflict and that in order t~
permit differing uses on and in the area of the Property an~
the same time to recognize the effects of change, and the nee~
for various types of uses, certain reasonable conditions
governing the use of the Property for the protection of th~
community that are not generally applicable to land similar1]
zoned are needed to cope with the situation to which th~
' rezoning application gives rise~ and
o
WHEREAS, the GRANTORS have voluntarily proffered,
ing, in advance of and prior to the public hearing befor~
- 2 -
· CARNES
· AHERN P C
,'TORNEY~r'AT~.AW
the GRANTEE, as a part of the propose~ amendment to the Zoning
Map, in addition to the regulations provided for the R-20
Zoning District by the existing o~erall Zoning Ordinance, the
following reasonable conditions ~ related to the physical
development, operation, and use of the Property to be adopted
as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to
the rezoning and the need for which is generated by the
rezoning.
NOW, THEREFORE, the GRANTORS, for themselves, their
successors, personal representatives, assigns, grantees, and
other successors in title or interest, voluntarily and without
any requirement by or exaction from the GRANTEE or its
,
governing body and without any element of compulsion or quid
pro ~uo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of
conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and
hereby covenant and agree that this declaration shall
constitute covenants running with the Property, which shall be
binding upon the Property and upon all parties and persons
claiming under or through the GRANTORS, their successors,
personal representatives, assigns, GRANTEE, and other
successors in interest or title and which will not be required
of the GRANTORS until the Property is developed-
1. When the Property is developed, it shall be
subdivided into no more than fifty-one (51) single family
residential building lots substantially as shown on the exhibit
entitled "CONCEPTUAL PLAN OF HERON RIDGE GOLF CLUB AND HERON
RIDGE ESTATES ON SEABOARD ROAD", dated April 1, 1997, which has
been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning
(hereinafter "Development Plan").
- 3 -
,'KES. CARNE$. BOURDON
& AHERN. P C
A'I'I'ORNEYS AT LAW
2. When the Property is developed, each subdi~r
lot shall contain a minimum of twenty thousand (20,000)
feet.
3. The subdivision depicted on the Development
shall be governed by a Property Owners Association which sh
be responsible for maintaining common areas and enfore
recorded Covenants and Restrictions.
4. All homes constructed on lots in the depi¢:t
subdivision shall contain a minimum of two thousand
hundred (2,500) square feet of enclosed living area (excludl
garage).
5. Lots within the subdivision shall be platted wi
no lot line within one hundred seventy-five feet (175') of t
centerline ~f any fairway extending from a point one hund~
(100) yards in front of the center of the men's "white teebc,
to the back of the 'green". Within one hundred (100) yards
the center of the men's "white teebox", no lot shall have
platted lot line within one hundred feet (100') of t?
centerline of any fairway. The lots to which this restrictic
applies shall be designated on the Subdivision Plat.
6. The party of the first part, shall dedicate
cause to be dedicated to the party of the fourth part,
approval and recordation of the subdivision depicted on tn
Development Plan, that portion of Parcel One containill
approximately 42.89 acres and all of Parcel Three containill
approximately 10.59 acres.
7. No building permit may be sought for a home
any of the lots depicted on the Development Plan unt~
construction of the eighteen hole golf course depicted on th,
Development Plan begins.
8. Further conditions may be required by the GRANT,ii
~uring detailed Site Plan and/or Subdivision review an~
tdministration of applicable City codes by all cognizant Cit.~
lgencies and departments to meet all applicable City
- 4 -
CARNES BOURDON
· AHERN, P C
'I'ORNEYS AT LAW
requirements. Any references hereinabove to the R-20 Zoning
District and to the requirements and regulations applicable
thereto refer to the Zoning Ordinance and Subdivision Ordinance
of the City of Virginia Beach, Virginia, in force as of the
date of approval of this Agreement by City Council, which are
by this reference incorporated herein.
The above conditions, having been proffered by the
GRANTORS and allowed and accepted by the GRANTEE as part of the
amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of
the Property and specifically repeals such conditions. Such
conditions shall continue despite a subsequent amendment to the
Zoning Ordinance. even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised
Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and executed by the
record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by
the GRANTEE in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the
GRANTEE, after a public hearing before the GRANTEE which was
advertised pursuant to the provisions of Section 15.1-431 of
the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded,
said instrument shall be void.
The GRANTORS covenant and agree that:
(1) The Zoning Administrator of the City of Virginia
Beach, Virginia, shall be vested with all necessary authority,
on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions
and restrictions, including the authority (a) to order, in
-- 5 --
ES, CARNES. BOURDON
& AHERN, P C
· TTORNEYS AT LAW
writing, that any noncompliance with such conditions
remedied; and (b) to bring legal action or suit to insu~
compliance with such conditions, including mandatory ~',
prohibitory injunction, abatement, damages, or oth~
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions
restrictions shall constitute cause to deny the issuance of an.
of the required building or occupancy permits as may
appropriate;
(3) If aggrieved by any decision of the Zonin,
Administrator, made pursuant to these provisions, the GRANTO~I
shall petition the governing body for the review thereof
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol
on the map the existence of conditions attaching to the zonin~
of the Property, and the ordinances and the conditions may
made readily available and accessible for public inspection
the office of the Zoning Administrator and in the Plannin~
Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, an~
indexed in the names of the GRANTOR and the GRANTEE.
- 6 -
· CARNE$. BOURDON
· AHERN. P C
i'TORNEY8 AT LAW
WITNESS the following signatures and seals:
GRANTORS:
HERON RIDGE GOLF CLUB, L.C., a Virginia
limited liability company
Bye: Thomas C. Broyles, Man~ger
(
SEAL
)
''-/Ralph
~ ~Anita L. Dunn
' ~ohnnie ~artley)/ )
;/
P~e B. H~rtley
CI~ OF VIRGINIA BEACH, a municipal
corporation of the Co~onwea 1th of
Virginia
By: ~~ ( SEAL )
ATTEST:
Ru~h Hodges ~mith, city 'Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this 31st day of March , 1997, by Thomas C. Broyles,
Manager of Heron Ridge Golf Club, L.C., on behalf of said
company.
Notary Public
My Commission Expires: AuEust 31, 1998 CO~t$$IONEOAg:ANiTAR. HERSHLEy
- 7 -
ES CARNE$. BOURDON
& AHERN, P C
ATTORNEYS AT ~,AW
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
t.,.The foregoing instrument was acknowledged before n',,
this [~.z% day of April, 1997, by Ralph G. Mooney and Judy D.
Mooney, husband and wife.
- No~ ~y Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
-n. The foregoing instrument was acknowledged before
this -%~ day of April, 1997, by Anita L. Dunn.
Notary Public
My Commission Expires: /0/~//~9~/;...,..
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
. The foregoing instrument was acknowledged before mo
this ~- day of April, 1997, by Johnnie R. Hartley and Pago
B. Hartley, Trustees of a Revocable/}!~iving Trust`.~
Notary Public
I/
My Commission Expires: /0/~/ /~000
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
~he foregoing instrument was acknowledged before m~
this ~l day of April, 1997, by ~,
~, ~ /~ .... ~ , of the City of Virginia Beach.
v Notary Pu~l~/_-/
My Commission Expires: ~-~$ - /~ ~
6481i
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing inst~ent );ge acknowl~ged before m~ th,~ ~ =-"'~
day of April, 1997, by ~ ~///~,~,~ ..,,.~ ~,..~._ ~.~_.,~. , ~.,
of the City of Virginia BeaCh. '' / - - -'
Notary' Pubi ic" - ~
My Co~nission Expires: ~ ~- - ~- · - ~ ~ ~ ~
- 8 -
CARNE$. BOURDON
~, AHERN. P C
rORNEYS AT I. AW
EXHIBIT 'A'
PARCEL ONE
ALL THAT certain piece or parcel of land, with any improvements
thereon, situate, lying and being in the City of Virginia
Beach, Virginia, designated and containing "59.33 AC." as shown
on that certain plat entitled "SURVEY OF PROPERTY OF F. L.
BROWN D.B. 1105 p. 55A, M.B. 2 P. 49, Princess Anne Borough,
Virginia Beach, VA." dated October 10, 1977 prepared by Gallup
Surveying, and recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 122
at page 47; Less and Except that 50 foot wide strip of land
running from Seaboard Road in a westerly direction
approximately 1420 feet to a strip of land designated on the
afore referenced plat as "66' strip owned by the Dept. of
Highways, D.B. 311 P. 67"; and, Less and Except the designated
66 foot strip as shown on the afore referenced plat.
GPIN 2403-46-7459
PARCEL TWO
ALL THAT certain piece or parcel of land being the northernmost
46.78± acres of 'Parcel AS-A as depicted on sheet no. 5 of 6,
"Resubdivision of Parcels A2, A4, AS, A6, A7, B As Shown on
Subdivision of Property of Williams Holding Corporation and
Property of The City of Virginia Beach, Virginia, Ref. M.B.
232, P. 20-24; M.B. 238, P. 12; D.B. 2787, P. 1654; Princess
Anne Borough, Virginia Beach, Virginia", prepared by Talbot
Group and recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia in Map Book 242, at
Page 11.
GPIN 2403-64-2728
PARCEL THREE
ALL THAT certain piece or parcel of land, with any improvements
thereon, situate, lying and being in the City of Virginia
Beach, Virginia, being the westernmost 10.59 acres of that
parcel designated "Now or Formerly Johnnie R. and Page B.
Hartley Trustee of a Revocable Living Trust, D.B. 2908 PG. 46
Residual Area 27.9± acres" on that plat entitled #Resubdivision
of Property of City of Virginia Beach And Johnnie R. and Page
B. Hartley, Trustee of a Revocable Trust" dated July 5, 1994
which plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 238
at page 12.
Said parcel being more particularly described as Beginning at
the northernmost corner of Parcel A7 as depicted on the afore
referenced plat and running S 27° 34' 00" E 632.96 feet to a
pin; thence S 04° 52' 33# E 352.31 feet to a pin; thence N
70° 24' 43" E 558.94 feet to a pin; thence N 25° 06' 49" W
1013.97 feet to a point; thence S 65° 13' 56" W 461.57 feet to
the pin at the point of beginning.
GPIN 2403-57-7739
ES CARNE$. BOURDON
· AHERN, P C
~TTORNEYS AT LAW
EXHIBIT 'B'
'THE PROPERTY'
All that certain piece or parcel of property located in
Princess Anne Borough of the City of Virginia Beach containin
29.63± acres and being described as:
Beginning at a point at the southwesterly corner of a fiftl
foot strip of property which extends from Seaboard Road in
westerly direction approximately 1500± feet as shown on
'Survey of Property of F. L. Brown' recorded in the Clerk'f
Office of the Circuit Court of the City of Virginia Beach, ir
Map Book 122, at Page 47 thence running S 70° 27' 55
1201.89' to a point; thence N 13° 03' 24# W 177.44' to
point; thence N 24~ 16' 26' W 369.77' to a point; thence
53~ 01' 55' E 961.31' to a point; thence N 47~ 46' 11"
517.04' to a point; thence S 35~ 12' 49' E 462.96' to
point; thence S 61° 39' 24' E 101.71' to a point; thence
77~ 12' 14' E 86.95' to a point; thence S 73~ 12' 45
213.37' to a point; thence N 60~ 23' 35' E 28.10' to a point;
thence S 08~ 28' 49' E 335.41' to a point; thence S 70° 27'
55' W 621.91' to a point; thence S 46° 10' 04" E 55.93' to the
point of beginning.
6481i
- 10 -
- 56-
Item V-L. 8.
PUBLIC HEARING
ITEM # 42415
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Counctl ADOPTED an
Ordinance upon application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, FOR A CONDITIONAL USE PERMIT FOR A
RECREATIONAL FACILITY OF AN OUTDOOR NATURE R07972124
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of the Ctty of Virginta Beach, Virgima, for
a Con&ttonal Use Permit for a recreattonalfacility of an outdoor nature
(golf course) on certain property located on the southwest stde of
Seaboard Road beginning at a point 3500feet more or less northwest of
Princess Anne Road SaM parcel contains 283 acres. PRINCESS ANNE'
BOROUGH
The followtng con&tions shall be requtred:
Plans for a wetlands bench for the establishment of emergent
wetlands vegetation, to be provtded along the perimeter of on-
site lakes wherever practtcable, showtng areas to be benched
and spectfic destgn crtterta, tncluding a detailed planting plan
A comprehensive stormwater/lake management plan, to assist
tn the evaluation of the proposal pursuant to Section 9 of the
Southern Watershed Management Orchnance.
3. Details regarding the proposed trrigatton system, tnclu&ng:
a.
The amount of water avatlable for withdrawal from the
dewatertng of the Wtlhams borrow pit tf such water ts to be
used for site trrtgatton, a descrtptton of the method of
withdrawal and any permttting requtrements for the withdrawal
and/or tnstallation of withdrawal facilities;
A descrtptton of the long-term trrigatton strategy for the stte
which addresses the method of irrtgation if the dewatertng
runoff ceases, and a descrtption of the tmpacts of stream
withdrawals on the tn-stream flows;
A description of the dtstnbution system to be uttlized for
stormwater management/lake system including methods to be
utthzed for matntatning opttmum water levels above wetlands
benches
Consultatton wtth the Virgtnta Department of Game and Inland
Ftsheries regardtng wet pond design and compatibthty wtth
wildlife A monitoring and control program for common
reedgrass wtll be included as part of the stormwater
management plan
Restoration of all areas of the site tdenttfied as 'farmed
wetlands" with plant material, and retention of those areas in
a natural state.
July 8, 1997
-57-
Item V-L. 8.
PUBLIC HEARING
ITEM # 42415 (Continued)
PLANNING
Detailed site plans clearly identifying areas of the site which
are to remain undisturbed and including a description of tree
protection measures to be utilized during site development. The
clearing of trees and understory vegetation will be limited to
the amount necessary to accommodate desired course features
The wooded areas outside of holes #11, #12, #13 and #16 wtll
remain undisturbed and will be retained tn a natural state to
the greatest extent practicable
A planting/restoration plan for all buffer areas and critical
edge habttat tdentified for restoration. The plan will identify
areas which are to be planted and those areas whtch wtll be
restored by natural succession The planting plan will also
tnclude a schedule for those areas of the site which are to be
physically replanted and identify the spectes and densities of
proposed plant material.
Consultation with the Virginia Department of Game and Inland
Fisheries and Vtrginia Department of Conservation and
Recreatton, Division of Natural Herttage, regar&ng the
extstence of rare, endangered and umque species on the stte
Phasing of construction, wtth major excavation to be conducted
durtng the drter seasons of the year to the greatest extent
possible.
This Ordtnance shall be effective in accordance with Sectton 107 (j) of the Zomng Ordinance
Adopted by the Council of the Ctty of Vtrgtnta Beach, Virginia, on the Etghth of July Ntneteen Hundred
and Ntne~-Seven
Voting 11-0 (By Consent)
Councd Members Voting Aye:
John A Baum, Ltnwood 0 Branch, III, William W. Harrison, Jr, Harold
Hetschober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdliam D
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
July 8, 1997
- 58 -
Item V-L g.
PUBLIC HEARING
ITEM # 42416
PLANNING
Attorney R. J. Nutter, II, 4425 Corporation Lane, Phone. 518-3200, represented the apphcant
The following registered in OPPOSITION:
Reverend Darwyn Dearing, 247 Thalia Trace Drive, Phone: 498-0422
Vicki Allen, 226 Thalia Trace Drive, Phone: 631-9969
Beverly M Knauss, 3909 Polly Ptne Drive, Phone: 498-8239, presented petttions tn OPPOSITION, which
are hereby made a part of the record.
Yvette Starke, 3909 Polly Ptne Drtve, Phone: 721-2423/498-8239
Upon motion by Counctlman Harrison, seconded by Councilman Baum, City Counctl ADOPTED an
Ordtnance upon appHcatton of CONTRACTORS PA VING COMPANY, INC. for a Change of Zoning
ORDINANCE UPON APPLICATION OF CONTRACTORS PAVING
COMPANY, INC. FOR A CHANGE OF ZONING FROM 0-1 TO
CONDITIONAL 1-2 Z07971082
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcation of Contractors Paving Company, Inc , for a
Change of Zoning District Classtfication from 0-1 Office Dtstrict to
Condittonal 1-2 Heavy Industrial Dtstrtct on property located between
Avenue E and Rodriguez Drtve begmntng at a point 300feet more or less
south of Bonney Road and runntng tn a southerly dtrection to the
northern boundary of the Virginia Beach-Norfolk. Expressway The
proposed zoning classificatton change to Conditional 1-2 is for heavy
industrial land use The Comprehensive Plan recommends use of thts
parcel for office use in accordance wtth other plan pohctes Said parcels
contatn 9 02 acres. L YNNHA VEN BOROUGH
The followtng con&tion shall be required:
1. Agreement encompassing proffers shall be recorded with the
Clerk of Ctrcuit Court and is hereby made a part of the record
This Ordinance shall be effecttve tn accordance with Section 107 (:0 of the Zontng Ordtnance.
Adopted by the Council of the Ctty of Vtrgtnia Beach, Virginia, on the Etghth of July Nineteen Hundred
and Ninety-Seven.
July 8, 1997
- 59-
Item V-L. 9.
PUBLIC HEARING
ITEM # 42416 (Continued)
PLANNING
Vottng: 7-3
Councd Members Vottng Aye'
John A Baum, Ltnwood O. Branch, III, William W Harrison, Jr, HaroM
Hetschober, Barbara M Henley, Louis R Jones and Loutsa M. Strayhorn
Council Members Vottng Nay
Reba S McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Abstatntng
Vice Mayor Wdham D Sessoms, Jr.
Council Members Absent'
None
Vtce Mayor Sessoms ABSTAINED as hts bank does bustness with the applicant.
July 8, 1997
,!
FOIqM NO P.S. lB
City o£ Virginia Reach
I~TER-OFFICE CORRESPO~ENCE
In Reply Refer To Our File No. DF-4245
DATE: June 30, 1997
TO:
FROM:
Leslie L. Lilley DEPT: City Attorney
William M. Macali ~ DEPT: City Attorney
Conditional Zoning Application- Contractor's Paving Company, Inc., et als
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 8, 1997. I have reviewed the subject proffer agreement, dated May 23,
1997, and have determined it to be legally sufficient and in proper legal form. A copy of the
agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
THIS AGREEMENT, made this 1.3 day of ~z~ff
, 1997, by and
between CONTRACTOR'S PAVING COMPANY, INC.; LENA SANCILIO; LADM
ASSOCIATES, I.~.L.C.; MAURICE STEINGOLD and THELMA STEINGOLD, Trustees of
Maurice Steingold Declaration of Trust dated March 19, 1992; LEWIS B. STEINGOLD, sole
trustee under the Israel Steingold Family Trust; LEWIS B. STEINGOLD, individually; and -
JEFFREY M. STEINGOLD (all of the foregoing hereinafter collectively referred to as
"Grantors"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantors have initiated two amendments to the Zoning Map of the City
of Virginia Beach, Virginia, by petitions addressed to the Grantee, to change the classification of
the Grantors' property from B-2 and O-1 (Commercial and Office) to I-2 (Industrial), on certain
property which contains a total of 9.81 acres, more or less located in the Lynnhaven Borough of
the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A
(hereinafter the "Property");
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including industrial purposes, through zoning and other land development
legislation, and
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the change, and the need for various types of uses,
Document Prepared By'
Mays & Valentine, L L.P
4425 Corporation Lane
Virginia Beach, VA 23462
(757) 518-3200
including those listed above, certain reasonable conditions governing the use of the Property for
the protection of the community that are not generally applicable to land similarly zoned I-2 are
needed to cope with the situation to which the Grantors' rezoning application gives rise, and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendments to the
Zoning Map, in addition to the regulations provided for in the existing I-2 zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendments to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezonings and the need for which is generated by the rezonings
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendments to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on all or a
portion of the Property covered by such conditions; provided, however, that such conditions shall
continue despite a subsequent amendment if the subsequent amendment is part of the
comprehensive implementation of a new or substantially revised zoning ordinance, unless,
notwithstanding the foregoing, these conditions are amended or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, V~rg~ma, and
executed by the record owner of the subject Property at the time of recordation of such
instrument, provided, that said instrument is consented to by the Grantee in writing as evidenced
by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after
a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia,
-2-
§ 15 1-431, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent
NOW, THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of quid pro quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following
declaration of' conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property if developed for a use permitted under the 1-2
zoning classification, and hereby covenant and agree that these Proffers shall constitute covenants
running with the said Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantors or their heirs, personal representatives, assigns,
grantees and other successors in interest or title, namely:
I The Property shall be used as a bulk storage yard and building contractor's yard where
asphalt and concrete raw materials and products are stored, recycled and delivered by rail and by
truck
2 The Grantors shall maintain a buffer zone along the southern, western and northern
boundary lines of the Property, which buffer zone shall consist of existing trees to be preserved
and additional plantings substantially as shown on the Landscaping Plan for Contractor's Pawng
company dated February 25, 1997, a copy of which was exhibited to the City Council 6f the Cay
of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach
3 The Grantors shall not permit vehicular access to the Property by Rodriguez Drive.
-3-
4 The Grantors shall construct a solid wooden fence at least eight feet in height from the
southeast comer of the property to Chestnut Avenue, parallel with the Virginia Beach-Norfolk
Expressway
5. The Grantors shall install a wet spray dust suppression system covering all points
where material is transferred from one conveyor belt to another or from a conveyor belt to a
stockpile.
Further conditions may be required by the Grantee during detailed site plan and/or
subdivision review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto refer to
the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date of the
conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the
City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including
(i) the ordering in writing of the remedying of any noncompliance with such conditions, and
(ii) the bringing of legal action or suit to ensure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or
proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of
any of the required building or occupancy permits as may be appropriate, (3) if aggrieved by any
decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO
or this Agreement, the Grantors shall petition to the governing body for the review thereof prior
to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the
-4-
map the existence of conditions attaching to the zoning of the subject Property on the map and
that the ordinance and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department and that they
shall be recorded in the Clerk's Office of the Circuit Court of the city of Virginia Beach, Virginia
and indexed in the name of the Grantors and Grantee
WITNESS the following signatures and seals:
CONTRACTOR'S PAVING COMPANY, INC.
Robert C. Teets, President
Eeha Sancilio
LADM ASSOCIATES, LLC
By:. - ~ ~
~ /") Lawrence A./Sa~ilio,
Vincent Ri'O~4er~-~s. Sbecial Commissioner under
Order entered February 25, 1997 in the Circuit
Court of the City of Virginia Beach, Virginia in
Chancery Case No. CH93-4058, on behalf of
Maurice Steingold and Thelma Steingold, Trustees
ofMaurice Steingold Declaration of Trust dated
March 19, 1992, Lewis B Steingold, individually
and as Sole Trustee under the Israel Steingold
Family Trust, and Jeffrey M Steingoid
-5-
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit'
The foregoing instrument was acknowledged before me this ~,~C~ay of
~0.3,]. , 1997, by Robert C. Teets, President of Contractors Paving Company, Inc, a
Virginia ~brporation, on behalf of the corporation. ~~~.,,
Notary
Public
My Commission Expires
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this 0~3 day of
(X_t .1 , 1997, by Lena Sancilio
Nota~j._p_ublic
My Commission Expires:
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit'
The foregoing instrument was acknowledged before me this c:~ day of L~l/i O. gA
1997, by Lawrence A. Sancilio, Managing Member of LADM Associates, L L C, a Vi~inia{
limited liability company, behalf of the limited liability company.
· -- - Nota~:~bli~
My Commission Expires: -[ -~-~ ~
-6-
COMMONWEALTH OF VIRG~A
CITY OF VIRGINIA BEACH, to-wit.
The foregoing instrument was acknowledged before me this ~'~y of ~t~ ,
1997, by Vincent R. Olivieri, as Special Commissioner under Order e-~ered February 25,"1997 in
the Circuit Court of the City of Virginia Beach,, Virginia in Chancery Case No CH93-4058, on
behalf of Maurice Steingold and Thelma Steingold, Trustees of Maurice Steingold Declaration of
Trust dated March 19, 1992, Lewis B. Steingold, individually and as Sole Trustee under the Israel
Steingoid Family Trust, and Jeffrey M. Steingold.
My Commission Expires. / ,i~ /~ t / '~ ~
-7-
EXHIBIT A TO AGREEMENT
LEGAL DESCRIPTION
ALL those certain pieces and parcels of property located in the Lynnhaven Borough of the City of
Virginia Beach, which properties are particularly described as follows:
Lot Numbers 6, 7, 8 and 9, 10-22 and Numbers 28-44 in Block 5; Lot Numbers 1-42 in Block 6,
Lot Numbers 14-23 and Lot Numbers 24-33 and 34-46 in Block 3; Lot Numbers 1-18 and Lot
Numbers 22-40 in Block 4 as shown on that certain plat entitled "MAP OF EAST NORFOLK,
PRINCESS ANNE CJ, VIRGINIA," dated November, 1906, made by E. C Foreman, C E,
which plat is recorded in the Virginia Beach Circuit Court Clerk's Office in Map Book 3 at page
125 and Map Book 4 at Page 191, less and except any portion thereof taken by the
Commonwealth of Virginia or the local jurisdiction for fight of way.
Part of First Street between Lot 44, Block 5 and Lot 22, Block 6, as shown on the aforesaid plat,
and part of Second Street between Lot 42, Block 6, as shown on the aforesaid plat and the
Virginia Beach-Norfolk Expressway, such portions of First Street and Second Street having been
vacated by City of Virginia Beach Ordinances adopted April 13, 1964 and August 25, 1975,
recorded in the aforesaid Clerk's Office in Deed Book 843, at page 313, and in Deed Book 1517,
at Page 226
That portion of Wagner Street approximately 50 feet in length bordered on the south by the
northern right-of-way line of the Virginia Beach-Norfolk Expressway, bordered on the east by
-8-
Lots 37, 38, 39 and 40 in Block 4 as shown on the above-referenced subdivision plat, and
bordered on the west by Lots 18, 19, 20 and 21 in Block 6 as shown on the above-referenced
subdivision plat.
g779(v'2)
-9-
- 60-
Item V-M.
APPOINTMENTS
ITEM # 42417
Upon NOM1NA TION by Vice Mayor Sessoms, City Council APPOINTED:
June Hand-Decker
Unexpired thru 03/31/98
VIRGINIA B EA CH HEAL TH SER VICES AD VISOR Y BOARD
Vottng
11-0 (By ConsenO
Councd Members Voting Aye'
John A Baum, Ltnwood 0 Branch, III, William W Harrison, Jr, HaroM
ttetschober, Barbara M Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D
Sessoms, Jr and Loutsa M. Strayhorn
Counctl Members Vottng Nay.
None
Councd Members Absent:
None
July 8, 1997
- 61 -
Item V-N. 1.
NE W BUSINESS
ITEM # 42417
BY CONSENSUS, Ctty Council RECORDED:
ABSTRA CT OF LEGAL CASES RESOLVED - JUNE 199 7
July 8, 1997
Item V-O.
ADJOURNMENT
ITEM # 42418
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5 12 P M
Hooks, CMC//IAE
Chtef Deputy Ctty Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E Oberndorf
Mayor
City of Virginia Beach
Virginia
July 8, 1997