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AUGUST 5, 1997 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" ~.iTY COUNCIL dAYOR MEYERA E OBERNDORF. Al La,ge ~ICE MAYOR WILLIAM D SESSOMS JR. Al La,ge OlIN A BAUM. B/acku~trr Borough INU/OOD 0 BRANCII III Virginia I~'a~h ~rmugk VILLIAM U/ HARRISON JR Lynnhaven /%tough IAROLD IIEISCIIOBER, Al Large IARBARA M llENLEY, Pun~o Borough .OUIS R JONES, Bay.de Bowough ~EBA S M(CI.ANAN, P, mcfls Ann~ Bu~ough qANCY K PARKER, At La.ge .OUISA M STR~ YHORN Ktmpmlle Borough AMES K SPORE, C~(y Manag~ LESLIE L LILLEY, Cdy Attorney ~LITH HODGES SMITH, CMC I AAE, C~ly Ck. de CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-9005 (7571 427 4.t03 August 5, 1997 I. CITY MANAGER'S BRIEFINGS - Conference Room - 11:00 AM Ae A & E CONTRACT PROCESS IMPROVEMENT - CONTRACT PROCESS IMPROVEMENT (CONSTRUCTION CONTRACT BIDDING) Ralph A. Smith, Director Public Works S . SENIOR HOUSING COMMITTEE Andrew M. Friedman, Director Housing and Neighborhood Preservation II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend David Howard Brook Baptist Church C. 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 8, 1997 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determtned during the Agenda Review Session and constdered tn the or&nary course of bustness by City Council to be enacted by one motion. I. RESOLUTION/ORDINANCES . Resolution to authorize the City Manager to enter into the Lake Ridge and Lagomar Interest Participation Agreements with the Hampton Roads Sanitation District (HRSD) re construction of public sanitary sewer service facilities (intersection of Princess Anne Road and Judicial Boulevard to the Virginia Beach/Chesapeake City line and from the Atlantic Treatment Plant to General Booth Boulevard). , Ordinance to APPROPRIATE $42,500 from the Economic and Tourism Development Studies Project (CIP 9-280) within the FY 1997- 1998 Capital Budget to the Virginia Beach Development Authority re a study of the economic feasibility of developing a world-class lodging facility at the South end of Sandbridge Beach with associated educational centers at False Cape State Park. . Ordinances to authorize temporary encroachments: a , A portion of the City's right-of-way of Dillon Drive by Harry F. and Bonnie J. Stretz re an existing three and one-half foot (3-1/2') wooden picket fence at 233 Dillon Drive (LYNNHAVEN BOROUGH). b · A portion of the City's thirty-foot (30') drainage easement by Douglas L. and Cynthia J. Haislip re construction of a wooden pier at 4163 North Witchduck Road (BAYSIDE BOROUGH). C · A portion of the City-s thirty-foot (30') drainage easement by Orville W. and Jean C. McGuire re construction of a wooden pier at 4100 Richardson Road (BAYSIDE BOROUGH). d. A portion of the City's drainage easement, known as Canal No. 2, by Oceana Development, L.P. re construction and maintenance of two outfall pipes re development of adjacent property described as "London Bridge Industrial Park II, Phase One," (LYNNHAVEN/PRINCESS ANNE BOROUGHS). · Ordinance to authorize the City Manager execute a Release of Easement (granted 16 September 1969) to the United States Government by the City of Virginia Beach and the School Board re reconstruction, operation and maintenance of a railroad spur track to the Little Creek Amphibious Base, located adjacent to Shelton Park Elementary School (BAYSIDE BOROUGH). 5. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR-HIRE VEHICLES: Land Yachts, L.L.C. Nick's Limousines Weddle Antique Limousine Service, Inc. TAXICABS: Beach Taxi, Inc. James Taxi Service Yellow Cab of Virginia Beach · Ordinances to authorize: a. Tax Refunds $21,765.04 b. License Refunds $ 4,209.75 J. UNFINISHED BUSINESS K. NEW BUSINESS 1. ABSTRACT OF LEGAL CASES RESOLVED - JULY 1997 L. ADJOURNMENT * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * 07/31/97cmd AGENDA\ 08 \ 05 \ 97. ITM www. virginia-beach, va. us CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: 05 August 1997 B R C H C R P E A PAGE: I R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N i I BRIEFINGS' A A & E CONTRACT PROCESS John Her-zke IMPROVEMENT C~ty Engineer (CONSTRUCTION CONTRACT Public Works BIDDING) B SENIOR HOUSING COMMI'I-I'EE Andrew M Friedman Dir Housing/ Neighborhood Preservation IIIII1! CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y IV/E SESSION F MINUTES - 08 July 1997 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/Hlll Resolubon to authonze Lake Ridgel ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y I Lagomar Interest Participation BY CONSENT Agreements w~th HRSD re construcbon of sanitary sewer service facilities (Pnncess Anne Rd/Judicial Blvd to C~ty hne/Atlant~c Treatment Plant to General Booth Blvd) 2 Ordinance to APPROPRIATE $42,500 to ADOPTED/ 9-2 Y Y Y Y N Y Y Y N Y Y the Development Authority re study of AMENDED economic feasibility for world-class BY CONSENT lodging faclhty at Sandbndge Beach w~th educabonal centers at False Cape State Park 3 Ordinances to authorize temporary encroachments a portion of City's r-o-w of Dillon Dr by ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Harry F/Bonnie J Stretz re wooden BY CONSENT p~cket fence at 233 Dillon Dr (LYNNHAVEN BOR) b portion of C~ty's drainage easement by ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Douglas L/Cynthia J Haisllp re wooden BY CONSENT pier at 4163 North Witchduck Road (BAYSIDE BOROUGH) c portion of C~ty's drainage easement by ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Orville W/Jean C McGuira re wooden BY CONSENT p~er at 4100 R~chardson Rd (BAYSIDE BOR) d portion of C~ty's drainage easement ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y known as Canal No 2 by Oceana BY CONSENT Development re ouffall pipes re development 'London Bridge Industrial Park II Phase One" (LYNNHAVEN AND PRINCESS ANNE BOROUGHS) 4 Ordinance to authorize Release of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Easement granted 1969 to US BY CONSENT Government by City/School Board re railroad spur track to Little Creek Amphibious Base adjacent to Shelton Park Elementary School (BAYSIDE BOR) 5 CERTIFICATES OF PUBLIC APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y CONVENIENCE AND NECESSITY BY CONSENT FOR HIRE VEHICLES Land Yachts LLC Nick's Limousmes Weddle Antique Limousine Service Inc TAXICABS. Beach Taxi Inc James Taxi Service Yellow Cab of Virg,nia Beach 6/a Tax Refunds $21,765 04 APPROVED 11-0 Y Y Y Y Y Y Y Y y Y Y BY CONSENT b License Refunds ~ 4,209 75 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: 05 August 1997 B R C H C R P E A PAGE: 2 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N J/K/1 ABSTRACT OF LEGAL CASES CITY CLERK B Y C O N S E N S U S RESOLVED - Jul), 1997 TO RECORD ADD- RECESS TO EXECUTIVE SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y ON (2 12 PM) a Personnel b Publicly-held Property CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSION (2'58 PM) L ADJOURNMENT 3 00 PM CITY COUNCIL RETREAT -AUGUST 15 and 16 PAVILION - MEZZANINE CONFERENCE ROOM 8:30 AM - 5:30 PM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 5, 1997 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFINGS tn the Councd Conference Room, City Hall Butldtng, on Tuesday, August 5, 1997, at 11 O0 A M Counctl Members Present John A Baum, Linwood 0 Branch, III, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent Vtce Mayor Wdham D Sessoms, Jr [ENTERED 12.18 P M B US1NESS APPOINTMENT] Wdham W. Harrtson, Jr [ENTERED. 11 12 A M] Loutsa M Strayhorn [ENTERED 11 30 A M] -2- CITY MANAGER'S BRIEFING A & E CONTRACT PROCESS IMPROVEMENT (CONSTRUCTION CONTRA CT BIDDING) 11:00 A.M. ITEM # 42419 John Herzke, City Engineer, referenced the three topics' A + B Bidding Method, Professional Liability Insurance Limits and A & E Contract Process Improvement. The proposed policy for A + B Bidding Methods is an alternative method of bidding that takes time of completion into consideration in determining the lowest responsible bidder. This method of bidding has the potential to generate significant construction time reductions and cost savings to the traveling public. The traditional method of soliciting bids for roadway and other City construction projects has been by competitive Iow cost bid, with the construction contract duration prescribed by the designer in the contract documents. The construction contract is awarded based on cost only to the responsible bidder offering the lowest responsive bid. The low cost btd method is suitable for most construction projects However, for construction projects where the time to complete is truly at a premium, the low cost bM method does not allow construction time to be considered as a basis in the award of the contract. An alternative method of bidding has been successfully utilized by several states, including Virginia, for certain roadway projects that have a demonstrated need to be completed in the shortest time frame possible This method is generally referred to as the .4 + B Bidding Method. Indications from localities who have bid projects utiliztng this methodology are that it has the potential to save significant construction time and result in cost savings to the traveling public However, it may increase the cost for these projects in order to realize the savings of time. The contractor bids on the cost of labor and materials ("A '9 and also states the number of days it will take him to complete a project. A pre-determmed road-user cost (e.g, $1 O, O00/day) is then multiplied times this number of days to come up with a value ("B'9 that, when added to bid Item A, equals the combined bid. Award ts then made to the lowest "combined" bidder. The road user cost is different for each road project. The RUC ts the value of a day to the City during the construction. The value for a day contains two parts based on costs incurred by the motoring pubhc resulting from traffic delays (time, distance) and accidents The Oceana Boulevard Widening Project, CIP #2-002, has been evaluated by staff and is considered a good can&date project to utdize the "A + B Bidding Method',. This project prowdes for construction of two temporary paved lanes west of the existing Oceana Boulevard, from the NAS Oceana main gate to 0 7 miles south of Virginia Beach Boulevard. These improvements will increase the vehicular capacity of Oceana Boulevard to four lanes and will enable adequate handling of the 26,000 vehicles per day proJected for year 1999 at an improved level of service. The currently projected time duration for construction, utilizing the traditional method of bidding ts twelve methods The road-user-cost (RUC) has been determined to be $12,100 per day For this particular apphcatton, staff will include an incentive and a disincentive in the amount of $12,100 per day. The disincentive amount will be assessed for each day the contractor is not complete, beyond his bid amount of time, for delays that he ts responsible The maximum available incentive will be based on the difference between the base bid amount and the programmed construction budget, using the established RUC for the number of days the project is completed early. With this proposal, the incentive, regardless of its amount, will be within the project budget. However if the low base bid ts equal to, or exceeds the budgeted construction funds, there will be no incentive available and this will be clearly spelled out tn the project construction documents for prospective bidders. Oceana Boulevard is estimated to be a one-year construction period. A constant of $800/day was utilized based on the historical accident data The approximate cost resulting from an increase in delay is $2,960/day. The traditional professional liability limit required on all design contracts is $1,000,000 Often, on projects with very small construction value, the hmtt is reduced to $500,000. Recent events involving the Great Neck, Bayside and Princess Anne pools brought to hght the need to reevaluate the amount of professional liability insurance an Architect/Engineer should have to better protect the City's interest for errors and omissions and later design defects caused by the A/E. The statue of limitations for design defects, under Virginia law, begins to run upon acceptance of the plans by the City, and extends for five years. Any claim or suit for a design defect must be filed, by the City, in this time period to seek recovery of the cost to correct the design effect. August 5, 1997 -3- CITY MANAGER'S BRIEFING A & E CONTRACT PROCESS IMPROVEMENT (CONSTRUCTION CONTRA CT BIDDING) ITEM # 42419 (Continued) Project specific insurance can be acquired by the A/E, and the terms and amount of coverage is flexible. The amount of coverage is dedtcated to one project Normal Professional Liability insurance covers all projects the AlE has or is designing. Project specific insurance will provide the City coverage, to the specified limit, for their term of coverage. Projects that are recommended to include "Project Specific" coverage shall include language that allows the City ten years from the date of "Notice to Proceed" with construction to file a latent design defect claim. The term of coverage for latent design defects can also be changed to better protect the City. Projects that are not recommended to include "project specific" coverage shall include language that allows the City to file a latent design defect when it is discovered, regardless of the time that has elapsed. Professional Liability Insurance limits responds to City Council's direction to ensure the City is adequately protected in the event of errors, omissions or latent design defects by design firms. Bob Eisenberg, Risk Management, advised there are two bonds Performance and Payment Bonds These basically deal with the Contractor completing the project, as they btd on same and pay for all the materials, supplies and labors. The Professional Liability coverage deals with the engineer, not the contractor, and any errors or omissions that he may have committed in developing the plans and specificattons for the facility The schools have tried this on one project, which is the extent of their experience, and their rules are similar to the Ctty John Fowler, Project Management Engineer, Leader of the Process Improvement Team for the Architectural and Engineering Contracts, recognized the fellow members Pete Powers - Public Works Contract Admmistration, Steve Emmert - Senior Attorney tn the City Attorney's Office; Vtr Madera - Design and Construction Manager, Public Utdtttes Engineering Office; and, Mitch Frazier - Buyer - Purchasing Diviston of Finance. There are three processes involved in obtaining A & E services: selection process; negotiation of scope of servtces and corresponding fees; and, routtng of contract for execution. Although by nature, these processes are accomplished in a sequential manner, it is believed there needs to be more of a link between the three process esand firm up the staff's roles and responstbilittes throughout the three processes The remaimng three issues involved: insufficiently defined project scopes, sequence of events where schedules were not always established by staff for accomplishtng each of these processes; and, their steps in the execution process which assist in facihtating the accomphshment of the three processes. The three processes have been linked and vtewed as one process wtth three parts. A manual has been documented Staff roles and responstbilittes have been clearly asstgned throughout the three processes of obtaining AlE services. August 5, 1997 -4- CITY MANAGER'S BRIEFING SENIOR HOUSING COMMITTEE 11:50 A.M. ITEM # 42420 Council Lady Henley, Chairman of the Senior Housing Committee, expressed appreciation to the City Council for allowing the formation of the Sentor Housing Committee and expressed appreciation to the Members of said Committee: Council Lady Nancy K. Parker Barbara J. Ferguson - Planning Commission Thomas Mulligan - Mayor's Commtttee for the Aging John N Sktrven, Executive Director Senior Services of Southeast Virginia Mary de Grouche -Supervtsor Department of Social Services Kathleen O'Connor, M.A. Older Adult Services Thomas Pauls, Coordtnator Department of Planning Andrew M Friedman, Director Department of Housing and Neighborhood Preservation Also participating. Pat Janezeck, Zoning Administrator Karen Lasley, Department of Planning Wdham Macali, Assistant City Attorney Council Lady Henley quoted the Desired State, whtch was the guide for the Committee' "Virginia Beach ts an environment where Sentor Ctttzens can hve tndependently; can be involved tn, and contrtbute to the communtty, have a choice of living arrangements/accommodations, live in an tntergenerational city, and have opportumttes to improve and maintain good health" The majority of Senior Citizens desire to stay in their own home The latest survey by AJRP advised 83% desire to stay in their own home or a stngle famtly situation. Flex Suites are additions to single-family homes and there is no cost to the government Should Council Members desire, any of the books hsted in the Bibliography in the back of the report can be provided upon request. Andrew M Friedman, Director - Housing and Netghborhood Preservation, illustrated the roads to the desired state. Mr. Friedman displayed a chart of residents over the age of 55. 55 - 65 = 50.3% 65 - 74 = 32. 7% 75-84 =13.8% 84 - over = 3.9% August 5, 1997 -5- CITY MANAGER'S BRIEFING SENIOR HOUSING COMMITTEE ITEM # 42420 (Continued) In two years, over 1 out of every 12 citizens in Virginia Beach will be in the 65 or over age bracket. Virginia Beach will have the most Senior citizens of any Hampton Roads city. Median Family Income of a Senior household was lower than that for a non-senior household by 14%. Median income for all Senior households was $34,773 (88% of City wide MFI) vs $39,771for non-Senior households. Median income for black Senior households was $22,270 (56% of City wide MFI) 49% of Senior renter households with incomes below 80% of the MFI pay more than 'half of their income for housing costs. This is considered an extreme housing cost burden, leaving those households wtth insufficient funds for other necessittes. One of facets of the proposal is the way to allow Seniors to continue to live tn their home and share same or a structure like their own home. The REPORT ON SENIOR HOUSING is hereby made a part of the record "Flex Suites" are additions to single-family homes, which can offer a sense of independence and privacy to older adults, with the security of knowing that family is close by if needed. The Ctty currently permits small Flex Suites (500 square feet maximum) to be built on smgle-family dwellings in areas zoned R-20 and above. Many people (approximately 100 in the past year) who have expressed an interest in buildtng a flex suite to house an older relattve have been turned down, etther because their lot did not have the proper zontng (and/or size), or because they wanted to build a suite larger than 500 square feet. Homeowners are now permttted to build addtttons to their homes with few restricttons Flex Suites merely represent a type of addition or conversion which includes kttchen facilities by permttttng 220 volt electrical service reqmred by most stoves and for clothes dryers, as well as allowtng for a food preparation area and stnk. Mr. Friedman cited the Recommendations, Options and Analyses of Impacts: Consider Flex Suites through the Administrative Review Process, not through the Conditional Permit Process, with alternattve provisions regardtng notificatton of adjotntng property owners. The majortty of commtttee members do not wtsh to recommend the requirement to notify adjotntng property owners Once adopted, the revtsed zoning ordinance will provide sufficient protection to adjointng properties and surroundtng neighborhood Second, because of the potential for conflict between netghborhoods, this provision could result in few apphcations for Flex Suites Thts action would place mcreased admtntstrative and procedural demands on an already overburdened City agency. Committee members who wtsh to tnclude a notification to adjoining property owners believe that this proviston would chscourage those who may mtsuse the intent of Flex Suite application. It is also believed that while nottficatton would increase admtntstrative responstbthttes, the number of annual Flex Suite apphcattons is expected to remain relatively low. Allow Flex Suites Only Where the Owner Occupies the Property Add Flex Suites in R-SS, R-7.5, R-lO and R-15 Zoning Districts AdJust Zoning Districts Lot Coverage Maximums The Committee does not recommend this optton Extsttng lot coverage maximums for all zoning distrtcts should be retained. These dimensions are deemed to be reasonable and allow property owners the option of tailoring thier prtnctpal structure or accessory structure coverages as they wish to achteve destred results August 5, 1997 -6- CITY MANAGER'S BRIEFING SENIOR HOUSING COMMITTEE ITEM # 42420 (Continued) Modify the Flex Suite's 500 square foot maximum floor area requirement. This ensures that the Flex Suite will not become equal to or dominate the principal dwelling. Modtfy the Flex Suite's maximum area to 500 square feet or 30% of the principal structures'gross floor area, whichever ts greater. A proviston should be added that such Flex Suite tmprovements like house additions, shall not exceed apphcable maximum lot coverage requirements. Modify Parking Requirement to add an off-street space for Flex Suites. Alternative 1: No additional parking The committee generally agrees that, whtle Flex Suites bring wtth it the need for addttional parla'ng, so, too, do normal family situations which are accommodated under existing zoning provisions Alternative 2: Provide additional parking An alternative position is that there is a need to provtde addtttonal off- street parla'ng to accommodate Flex Suites In those cases where famdy members occupy the principal structure or attached Flex Suite, the existing zoning requirement of two spaces per dwelhng unit should satisfy residential parking needs However, it ts inevitable that, at some potnt in the future, one of the units wtll be rented to non-family members Adjust Accessory Structure Setback Minimums The Committee did not recommend this option. AdJust the Height of the Flex Suite. The Committee did not recommend this option Existing maximum height requirements wtll continue to control and protect residential areas from excessively htgh dwellings Restrict Occupants to Only Those Over 62 Years of Age and Disabled People Alternative 1: Restrict by age or disabihty This alternative regulates Flex Suite applications by restrtcttng occupancy to only Sentor or dtsabled people It estabhshes as its legislative tntent the need to provtde these people with expanded opportunities for alternattve and affordable housing Alternative 2: No Restriction by age or disabthty The absence of age or disabihty restrictions will expand opportunittes for Flex Suites growth for those who hve wtthtn apphcable stngle famtly zoning districts Council Lady Henley advised the recommendation was the Ordinance re Flex Suites, if adopted, be for a one-year period and at the end of that year, a review be conducted so the number, locatton and experience of these Suites can be tracked. Tom Pauls advtsed a provtston shall be tncluded relative the "Flex Suite" The extertor face of the structure would not indicate that tt ts anything other than a single family detached unit Thts is also true relative its hetght, setback, maxtmum square footage, lot coverage, etc. Someone driving down the street would not be able to determine this ts a Flex Suite unit. A proposed ordtnance to FORWARD to the Planmng Commtsston shall be SCHEDULED for the Ctty Counctl Session of August 26, 1997. August 5, 1997 -7- ,4GENDA RE VIEW SESSION 11:05 A.M. ITEM # 42421 Councd La&es Henley and Parker advised a NAY VOTE 12 Ordinance to APPROPRIATE $42,500from the Economtc and Tourtsm Development Stuches ProJect (CIP 9-280) wtthtn the FY 1997-1998 Capital Budget to the Virgtnta Beach Development Authority re a study of the economtc feastbthty of developing a world-class lodgtng facthty at the South end of Sandbrtdge Beach wtth assoctated educational centers at False Cape State Park Councdman Hetschober requested an amendment to the above Ordinance that the funds would be retmbursed to the Ctty "That, prior to any expenditure of the funds approprtated by thts ordtnance, the owner of the prtvate property which has been tdenti, fied as betng critical to the proposed project must agree to reimburse the Ct.tv for the cost of the Economtc Feastbthty Study in the event such property ts sold or developed as a result of the study or any process tmplemented tn connection therewtth" ITEM # 42422 Mayor Oberndorf recognized Ctty Attorney Les Ldley for hts monthly hsting of "Abstract of Legal Cases Resolved" ITEM # 42423 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RES OL UTIONS/ORDINANCES I1 12 Resolutton to authortze the City Manager to enter into the Lake Ridge and Lagomar Interest Participation Agreements wtth the Hampton Roads Santtation Dtstrict (HRSD) re constructton of public sanitary sewer service facilities (intersection of Princess Anne Road and duchctal Boulevard to the Vtrginta Beach/Chesapeake Ctty hne and from the Atlanttc Treatment Plant to General Booth Boulevard) Ordtnance to APPROPRIATE $42,500from the Economtc and Tourtsm Development Stuches ProJect (CIP 9-280) wtthtn the FY 1997-1998 Capital Budget to the Vtrgtnta Beach Development Authority re a study of the economic feasibility of developmg a world-class lodgtng facthty at the South end of Sandbrtdge Beach wtth associated educational centers at False Cape State Park * August 5, 1997 -8- AGENDA RE VIEW SESSION ITEM # 42423 (Continued) 13 Ordinances to authorize temporary encroachments: 14 A portion of the Ctty's right-of-way of Dillon Drive by Harry F. and Bonnie J. Stretz re an extsttng three and one-half foot (3-1/2,) wooden picket fence at 233 Dillon Drive (L YNNHA VEN BOROUGH) A portton of the City's thtrty-foot (30 ,) drainage easement by Douglas L. and Cynthia J. Haislip re constructton of a wooden pter at 4163 North Witchduck Road (BAYSIDE BOROUGH) A portion of the Ctty-s thtrty-foot 00,) dratnage easement by Orville W. and Jean C. McGuire re construction of a wooden pier at 4100 Richardson Road (BA YSIDE BOROUGH) A portion of the Cay's dratnage easement, known as Canal No. 2, by Oceana Development, L.P. re construction and maintenance of two outfall pipes re development of adjacent property described as "London Bridge Industrial Park II, Phase One," (L YNNHA VEN/PR1NCESS ANNE BOROUGHS). Ordtnance to authortze the Ctty Manager execute a Release of Easement (granted 16 September 1969) to the Umted States Government by the Ctty of Vtrginta Beach and the School Board re reconstructton, operation and matntenance of a railroad spur track to the Little Creek Amphibious Base, located adjacent to Shelton Park Elementary School (BA YSIDE BOROUGH) 15 CERTIFICATES OF PUBLIC CONVENIENCE AND NE CESSITY FOR-HIRE VEHICLES: Land Yachts, L L C Nick's Ltmoustnes Weddle Anttque Limoustne Servtce, Inc TAXICABS: Beach Tam, Inc. James Taxi Service Yellow Cab of Vtrgtma Beach 1 6 Ordinances to authortze Tax Refunds $21,765. 04 License Refunds 4,209. 75 *The Amendment to 1.2 wdl be added to the Ordinance tn the Formal Sesston prior to the Consent vote August 5, 1997 -9- CITY COUNCIL CONCERNS 12:58 P.M. ITEM # 42424 Mayor Oberndorf referenced correspondence from the School Board requesttng the Ctty Councd select a member to replace former Councilman Dean on the School Site Selection Commtttee, whtch oversees the design and aesthetics of the Schools. B Y CONSENSUS, City Council APPOINTED Council Lady Reba S. McClanan. ITEM # 42425 Vice Mayor Sessoms referenced the jet ski issue and wtshed an tmmedtate cessatton to thts recreatton unttl proper regulations can be formulated through the State He has wttnessed tnctdents tnvolving them through the Lesner Bridge, Broad Bay and £tnkhorn Bay Vtce Mayor Sessoms tnqutred zf the swtmmtng areas could be expanded. If somethtng ts not done very qutckly, deaths could result Thts ts a major problem Counctlman Harrtson advised, due to many complatnts durtng the first year of hts term, he and the City Attorney's office researched the matter and determtned that '~]et skis'; or personal watercraft, are regulated by the Commonwealth of Vtrgtnta The Ctty has the power to legtslate thetr use tn designated swimming areas. The Chesapeake Bay, from Cape Henry to the Chesapeake Bay Bridge Tunnel, was destgnated for thetr use The pohce are able to regulate by "line of sight". However, the City cannot just "ban" the jet skis. Mayor Oberndorf suggested consulttng with the Ctty of Norfolk relattve their ordinance as they had a roped off and specified area destgnated. Councdman Hetschober advised after two deaths from jet slaes on Lake Gaston, a very strong Ordinance was adopted. The City Attorney shall prepare informatton for the Ctty Counctl Session of August 12, 1997 ITEM # 42426 Councdman Jones tnquired when the report would be recetved relattve how to deal with the traffic problems through Fair Meadows. ITEM # 42427 Counctlman Jones inqutred relative chscusston of the Comprehensive Plan. The Ctty Manager advised the Planning Commission wtll hold the final PUBLIC HEARING on the DRAFTon August 11, 1997. Followtng thts, the Planmng Commisston wtH schedule for a future agenda, thetr formal vote The Ctty Manager wtll compose a schedule relattve the Comprehensive Plan. ITEM # 42428 Counctl Lady Parker agatn referenced concerns of the adjacent restdents relattve the noise of the Amphitheater Counctl Lady Parker requested a report relative this issue If the Amphttheater ts complytng wtthtn thetr norse ordtnance reqmrement, ts there somethtng the Ctty Counctl can do to address the concerns of the netghborhood The Ctty Manager advtsed a report wtll be provtded for the Ctty Councd Sesston of August 12, 1997 August 5, 1997 - I0- CITY COUNCIL CONCERNS ITEM # 42429 Council Lady Parker requested a visual of the home constructed at Lake Gaston and the reasons for the cost. The brick used is described as "industrial brick". What is "industrial" brick? report will be provided to City Council ITEM # 42430 Council Lady Parker referenced the challenge to the Western Branch dredging. Council Lady Parker requested a presentation from both sides. The City Manager advised a Briefing wtll be provtded August 12, 1997, during EXECUTIVESESSION. August 5, 199 7 City of Virginia Beach OFFICE OF THE CITY MANAGER (757) 427 4242 FAX (757) 427 4135 TDD (757) 427-4305 August 8, 1997 MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9001 The Honorable Meyera E. Oberndorf and Members of Council Re: Cut-Through Traffic on Larry Avenue Fair Meadows Road Attached is a report from Public Works that addresses the citizen's concems w~th cut-through traffic in the Fair Meadows subdivision. The report outlines five various alternatives to help alleviate the amount of cut-through traffic in the neighborhood. Public Works is in the process of contacting the Fair Meadows civic league representatives to discuss the alternatives, prior to programming the acceptable alternatives. I will be pleased to provide any additional information you may need. With Pride In Our City, s K. Spore CI~ Manager JKS/JH Attachment c: Ralph A. Smith The City of Virginia Beach City Engineer's Office Inter-Office Correspondence August 8, 1997 To: James K. Spore Dept: City Manager From: Ralph A. Smith Dept: Public Works Director Subject: Cut-Through Traffic on Larry Avenue Fair Meadows Road Recently, Councilmember Louis Jones asked that staff evaluate concerns expressed to him by residents of the Fair Meadows subdivision in regard to "cut-through" traffic. He also noted that area residents feel that a proposed property rezoning at Cleveland Street and Newtown Road will exacerbate this situation. That rezoning is proposed for presentation to City Council in late August. We have reviewed the issue of cut-through traffic in the neighborhood of Larry Avenue and Fair Meadows Road. It is our understanding that northbound motorists on Newtown Road, who are destined for Virginia Beach Blvd. (eastbound), are using Larry Avenue and Fair Meadows Road as a cut-through, to avoid the traffic signal at Newtown Road and Virginia Beach Blvd. In addition, residents do not want cut-through traffic generated by businesses on Cleveland Street to the south of the Fair Meadows subdivision. The rezoning that is referred to in the first paragraph above involves a conditional rezoning from 0-2 Office District to H-1 Hotel District. The property to be rezoned is on the south side of Cleveland Street, approximately 350' east of Newtown Road. Access to the property will be via Cleveland Street, east of Larry Avenue. The rezoning is for a 95 unit hotel. It is estimated that the hotel will generate 691 vehicles trips/day versus the existing zoned office space that would generate 1,828 vehicles trips/day. Below are the existing conditions noted during a field review of the Fair Meadows subdivision, and in particular, the traffic flows along Larry Avenue and Fair Meadows Road. Also, a map is attached for reference. Page 2 Cut-Through Traffic on Larry Avenue Fair Meadows Road August 8, 1997 EXISTING CONDITIONS: There presently is a NO THRU TRAFFIC sign posted for eastbound traffic on Cleveland Street just east of Newtown Road. The Manual of Traffic Control Devices (MUTCD) does not recognize this as an official sign and there doesn't appear to be any measurable compliance by motorists. Both Larry Avenue and Fair Meadows Road appeared to be narrow streets (approximately 20'). On-street parking is allowed. There is a natural sense of traffic calming, due to the narrowness of these streets and the on-street parking. Most of the streets in this neighborhood are presently susceptible to cut through traffic. Cut through traffic could also use both Coliss Avenue and Elam Avenue, from Newtown Road to access Virginia Beach Blvd. Mayo Road could also be used to access Virginia Beach Blvd. rather than Fair Meadows Road. Virginia Beach Blvd. has a raised median, therefore there is a limited amount of left turning westbound Virginia Beach Blvd. traffic cutting through this neighborhood to gain access Newtown Road. To help alleviate cut through traffic there are various alternatives that could be accomplished for possible implementation. They are listed below in order based on ease of implementation. Also included are the potential impacts of each solution. Refer to the attached for each alternative. POSSIBLE ALTERNATIVES; Alternative #1: Impacts: Restrict right turning traffic from Cleveland Street westbound to Larry Avenue. This will require law abiding traffic from the business district on Cleveland Street to use Newtown Road to access Virginia Beach Blvd. Alternative #2: Impacts: Physically restrict right turning traffic from Cleveland Street westbound to Larry Avenue. This would be a more substantial implementation of Alternative # 1 and will prevent access to the neighborhood by the traffic from the business district. All traffic from the business district would have to access the neighborhood via Newtown Road. Alternative #3: Impacts: Physically restrict left turning traffic from eastbound Cleveland Street to Larry Avenue. This would create an inconvenience to residents of the neighborhood, as well other users of Larry Avenue (emergency services, school buses, garbage collection, postal delivery, etc.). All motorists who currently use Cleveland Street to access the neighborhood would have to use either Coliss Avenue or Elam Avenue, therefore causing a shift in traffic routing through other neighborhood streets. Page 3 Cut-Through Traffic on Larry Avenue Fair Meadows Road August 8, 1997 Alternative #4: Impacts: Convert Fair Meadows Road to a one-way street in the southbound direction and/or Mayo Road to a one-way northbound street. This would create an inconvenience to residents of the neighborhood, as well other users of the street (emergency services, school buses, garbage collection, postal delivery, etc.). Alternative #$: Impacts: Cul-de-sac Fair Meadows Road and/or Mayo Road at Virginia Beach Blvd. This would eliminate neighborhood access to Virginia Beach Blvd. All motorists north of Virginia Beach Blvd., destined for the neighborhood, would have to use the streets off of Newtown Road (i.e. Elam Avenue or Coliss Avenue) to gain access. Our recommended alternatives are to pursue//2 and//3. Alternative//2 will address concerns of business traffic traversing the neighborhood. Alternative//3 will force all inbound neighborhood traffic to the intersections of Newton Road and Elam & Corliss Avenues. Since there are not exclusive right turn lanes for these streets, and given that motorists are closer to Virginia Beach Blvd., it is expected the volume of cut through traffic destined for Virginia Beach Blvd. eastbound, would be significantly reduced. Regarding the residents, they would have to access the neighborhood from both Corliss Avenue or Elam Avenue if they are northbound on Newtown Road. Southbound traffic on Newtown Road will have to turn left (eastbound) at Virginia Beach Blvd. and then right onto either Mayo Road or Fair Meadows Road. We are in the process of contacting the Fair Meadows civic league representatives to discuss these items before any traffic control installation is programmed. As soon as we conclude our review of these items with the residents, we will also advise Councilmember Jones. Should you desire any information or assistance in the interim, please advise. Date Attachment C.' Robert Scott John Herzke Robert Gey bc: Charlie Hassen Carl Tewksbury ALTERNATIVE #5 CUL-DE-SAC FAIR MEADOWS RD. AND MAYO RD. 0 OC ALTERNATIVE #4 CONVERT FAIR MEADOWS RD. TO ONE-WAY SOUTHBOUND AND MAYO RD. TO ONE-WAY NORTHBOUND ALTERNATIVE #2 PHYSICALLY RESTRICT WESTBOUND RIGHT TURNS FROM CLEVELAND ST. ONTO LARRY AVE. ALTERNATIVE #1 i NO RIGHT TURN SIGN ALTERNATIVE #3 PHYSICALLY RESTRICT EASTBOUND LEFT TURNS FROM CLEVELAND ST. ONTO LARRY AVE. PROPERTY PROPOSED TO BE REZONED .~- -~. ~ ~_,- -(~ ~ % % ,-, o ,', ~ORFO[~ - VIRGI -11- ITEM # 42431 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, August 5, 1997, at 1:10 P.M. Council Members Present John ,4. Baum, Lmwood 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, Vice Mayor Wilham D Sessoms, Jr. and Lomsa M Strayhorn Council Members Absent' None August 5, 1997 - 12- ITEM # 42432 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2 1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotton, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). ~4ppointments - Boards and Commissions. Arts and Humanities Commission Board of Buddtng Code Appeals Community Services Board Development Authortty Parks &Recreatton Commission Pubhc Library Board PUBLICLY-HELD PROPERTY. Discussion or consideratton of the conditton, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an tnstitution which could affect the value of property owned or desirable for ownership by such tnstttution pursuant to Section 2.1-344(A)(3) Virgtnia Beach Borough Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, Ctty Councd voted to proceed tnto EXECUTIVE SESSION (1:12 P.M.). Voting' 11-0 Council Members Voting Aye' John A. Baum, Ltnwood O. Branch, III, Wilham W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent. None August 5, 1997 - 13- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL August 5, 1997 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 5, 1997, at 2'00 P.M. Councd Members Present: John A. Baum, Linwood O. Branch, III, Wtlliam W Harrison, Jr., HaroM Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Louisa M. Strayhorn and Vtce Mayor WiHtam D. Sessoms, Jr. Council Members Absent None INVOCATION. Reverend Davtd Howard Brook Bapttst Church Mayor Oberndorf requested inclusion in prayers for Harry Frazter, a dear frtend, a brtlhant legal mtnd and the City's Bond Attorney, who died Sunday, August 3, 1997 Mr Frazier was also responstble for writtng the City's charter. He wtll be missed. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidehty Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either indtvtdually or in his capacity as an oJ~cer of Central Fidelity Bank The Vtce Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before Ctty Counctl Vice Mayor Sessoms' letter of January 1, 1997, ts hereby made a part of the record August 5, 1997 - 14- Item V-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42433 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE IFITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolutton applies; AND, Only such pubhc business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach Ctty Counctl. Voting: 11-0 Council Members Vottng Aye: John A. Baum, Ltnwood O. Branch, III, William W Harrison, Jr., Harold Hetschober, Barbara M Henley, Louts R Jones, Reba $. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Loutsa M. Strayhorn and Vice Mayor William D Sessoms, Jr Council Members Voting Nay: None Council Members Absent None August 5, 1997 Besolution 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 # 42432 Page No. 12 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 pubhc business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. City Clerk August 5, 1997 - 15- Item V-F 1 MINUTES ITEM # 42434 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of July 8, 1997. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, Wtlliam W. Harrison, Jr., HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Louisa M Strayhorn and Vtce Mayor Wdham D Sessoms, Jr. Councd Members Voting Nay. None Council Members Absent: None August 5, 1997 - 16- Item V-G. 1. AGENDA FOR FORMAL SESSION ITEM # 42435 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 5, 1997 -17- Item V-I. RES OL UTION/ORDINANCES ITEM # 42436 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Jones, City Councd APPROVED BY CONSENT in ONE MOTION Resolutions/Ordinances 1, 2 (AS AMENDED), 3, 4, and 6. Voting: 11-0 Councd Members Vottng Aye John ,4 Baum, Linwood O. Branch, III, Wtlham W Harrison, Jr, HaroM Heischober, Barbara M Henley*, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker*, Vtce Mayor Wtlliam D Sessoms, Jr. and Loutsa M Strayhorn Council Members Voting Nay: None Council Members Absent: None *Council Lady Henley and Parker voted a VERBAL NAY on Item L2 (False Cape State Park). August 5, 1997 - 18- Item V-I. 1. RES OL UTION/ORDINANCES ITEM # 42437 Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, City Councd ADOPTED: Resolution to authorize the City Manager to enter into the Lake Ridge and Lagomar Interest Participation Agreements with the Hampton Roads Samtation District (HRSD) re construction of public sanitary sewer service facilities (intersection of Princess Anne Road and Judicial Boulevard to the Virginia Beach/Chesapeake City line and from the Atlantic Treatment Plant to General Booth Boulevard). ~ttng: 11-0 (By ConsenO Council Members Voting Aye' John A Baum, Linwood O. Branch, III, Wtlliam W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wtlham D. Sessoms, Jr and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent' None August 5, 1997 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE LAKE RIDGE AND LAGOMAR INTEREST PARTICIPATION AGREEMENTS WITH THE HAMPTON ROADS SANITATION DISTRICT FOR THE CONSTRUCTION OF PUBLIC SANITARY SEWER SERVICE FACILITIES WHEREAS, on June 13, 1995, City Council adopted a Resolution authorizing the City Manager to execute an interest participation agreement with Hampton Roads Sanitation District (HRSD) for the Pungo Interceptor Force Main Part I which was subsequently executed by the City Manager; and WHEREAS, as a result of a study to determine the route, sizing, and phasing of the HRSD Atlantic Interceptor System, authorized under the Pungo Agreement, it is necessary to design and construct the Lake Ridge Interceptor Force Main and to replace the Pungo Interceptor Force Main Part I Agreement to reflect a revised scope and name change to Lagomar Interceptor Force Main; and WHEREAS, HRSD agrees to reimburse the City design and construction costs for the Lake Ridge Interceptor Force Main provided the City enters into an interest participation agreement with HRSD to design and construct a force main interceptor from the intersection of Princess Anne Road and Ferrell Parkway (proposed) to Elbow Road and the Virginia Beach/Chesapeake City line; and WHEREAS, the Lake Ridge Interceptor Force Main and the Lagomar Interceptor Force Main are required to meet the demands of the City of Virginia Beach and other southside Hampton Roads cities that convey sewer through Virginia Beach to the Atlantic Treatment Plant; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and hereby is, authorized and directed to execute, on behalf of the City of Virginia Beach, interest participation agreements with Hampton Roads Sanitation District for the construction of the aforesaid sanitary sewer service facilities, which interest participation agreements shall contain substantially the same terms and conditions as those set forth in the attached draft "Lake Ridge Interest Participation Agreement" and draft "Lagomar Interest Participation Agreement" Adopted by the Council of the City of Virginia Beach on the 5th ~ day of August ,1997. APPROVE~ CONT~S APPP~O~~ TO LFftA~ SU~IENCY ~ E AND DEP~RT~ ~-ITY A'I'IDRNEY ~ ~ .... Lake Ridge Interceptor Force Main(IFM) Construction Cost Estimate Interest Participation Calculations DESCRIPTION TOTAL % BASIS FOR COST CITY SHARE 42" - B to C 42" - C to O 42" - O to G Total $1,499,000 23 3% $349,267 $6,934,000 23 3% $1,615,622 $900,000 23.3% $209,700 $9,333,000 $2,174,589 Figures from the Altantic Interceptor System Master Plan Study, June 1997, prepared by Buck, Seifert & Jost, Inc., Consulting Engineers. Virginia Beach's share of cost based on 23.3% for Lake Ridge IFM Annual Estimated Interest Participation ~ 6.00% Number of equivalent housing units necessary to pay off Interest Participation Amount based on average credit of 70% of $146/yr per equivalent housing unit · Equivalent housing units from city pump station service areas 565, 566, 567, 572, 573,575, and 578 Units existing exceed units necessary, therefore zero payoff required. $2,174,589 x 0 0600 $130,475 1,277 1,809 CEL/crc 7/15/97 Lagomar Interceptor Force Main(IFM) Construction Cost Estimate Interest Participation Calculations DESCRIPTION TOTAL % BASIS FOR COST CITY SHARE 42"- S to R $1,424,000 32% $455,680 54"- R to TI $1,869,000 32% $598,080 54"- T1 to PLANT $6,341,000 32% $2,029,120 Total $9,634,000 $3,082,880 Figures from the Atlantic Interceptor System Master Plan Study, June 1997, prepared by Buck, Seifert & Jost, Inc., Consulting Engineers. Virginia Beach's share of cost based on 32% for Lagomar IFM Annual Interest Participation ~ 6.13% based on Pungo Agreement Number of equivalent housing units necessary to pay off Interest Participation Amount based on average credit of 70% of $146/yr per equivalent housing unit · Equivalent housing units from city pump station service areas 616, 619, and 620 · Equivalent housing units from Sandbridge Total Equivalent housing units existing Units existing exceed units necessary, therefore zero payoff required. = $3,082,880 x 00613 $188,980 1,849 1,223 +1.400 2,623 CEL/crc 7/15/97 INTEREST PARTICIPATION AGREEMENT FOR THE CONSTRUCTION of HRSD LAKE RIDGE INTERCEPTOR FORCE MAIN in THE CITY OF VIRGINIA BEACH THIS AGREEMENT, between the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia (the "CITY"), the address of which C/O City Manager, Municipal Center. Virginia Beach, VA 23456. and the HAMPTON ROADS SANITATION DISTRICT, a district organized pursuant to Chapter 66. Virginia Acts of Assembly, 1960, as amended (HRSD), the address of which 1436 A~r Rail Avenue, Virginia Beach, VA 23455 entered this day of , 1997 WITNESSETH WHEREAS, the HRSD Lake Ridge Interceptor Force Main is planned to provide for the systematic expansion of HRSD facilities to meet the needs of customers mn accordance w~th the Hampton Roads Sanitation Dlstr~ct Development Plan and the Atlantic Interceptor System Master Planning Study: and WHEREAS, the CITY finds it necessary to pursue the construction of the HRSD Lake Ridge Interceptor Force Main as specifically described below, and WHEREAS, HRSD and the CITY agree to have the Interceptor Facilities (hereinafter defined) constructed mn accordance with the description of the Interceptor Facilities stated and referred to herein and under the terms and conditions herein defined. NOW, THEREFORE, it ~s mutually agreed between the parties hereto as follows' DESCRIPTION OF FACILITIES In keeping with the pOllCleS set forth in HRSD's Development Plan and the Atlantic Interceptor System Master Planning Study. HRSD and/or the CITY w~ 11 construct Approximately 26,900 feet of force main beginning at the existing East Princess Anne Trunk Force Main at the Intersection of Princess Anne Road and the future Ferrell Parkway in Virginia Beach, thence westerly to the Chesapeake C~ty L~ne as shown on Attachment 1 (the "Interceptor Facilities") These facilities may be constructed in phases as mutually agreed to by the CITY and HRSD II CONSTRUCTION OF FACILITIES A Cost of Construction The total cost of the Interceptor Facilities (the "Cost of Construction") as specifically defined by the plans and specifications for the work. prepared by or for HRSD or CITY and approved by the CITY or HRSD as appropriate, shall include (a) construction contract costs for the Interceptor Facilities, (b) cost of engineering design, construction, supervision and inspection, (c) the cost of advertising for b~ds. review by HRSD or CITY consultants as appropriate, and other miscellaneous essential expense, and (d) the cost of land and rights-of-way acquired for construction from property other than that owned by the CITY or in public rights-of-way or along West Neck Parkway (proposed) or Judicial Parkway (proposed). The records of the Costs of Construction shall be available for review at any mutually convenient t~me The Cost of Construction shall not include administrative or salary cost of the CITY or HRSD. Subject to the foregoing, the CITY's share of the Cost of Construction 1s agreed to be calculated at the end of the construction of the Interceptor Facilities or as of the date any port~on of the Interceptor Facilities as requested by the CITY is made available for use prior to the total completion of the project, as set forth in Attachment II B Approval of Plans and Specifications HRSD and the CITY agree that before any construction work is begun under th~s AGREEMENT, each will submit to and secure approval from the other party (~n writing) of final plans and specifications for the work Th~s approval ~ncludes but is not l~m~ted to routing of the force main and location of outlets C Ownership, Operation and Maintenance of Facilities The Facilities constructed hereunder shall be and remain the property of HRSD and shall be operated and maintained by HRSD. III OBLIGATIONS OF HRSD A Collection of Service Charges HRSD and the CITY agree that a Wastewater Facility Charge normally made by HRSD will be charged for each new connection served by the lines previously described in Section I No Wastewater Facility Charge will be required for the connection of existing facilities which are served by septic tank or other Inadequate wastewater treatment facilities which are to be abandoned A Wastewater Treatment Charge shall be collected by HRSD in accordance with provisions of the rate schedule in effect at the time of collection The CITY. however, reserves the right to charge and collect facility and service charges as appropriate in addition to HRSD charges HRSD shall maintain a complete and accurate record of all Wastewater Facility Charges and Wastewater Treatment Charge collections such records shall be available for Inspection by authorized representatives of the CITY during normal working hours B Revenue Credit to the CITY When HRSD begins treatment of flows generated through the Interceptor Facilities at its treatment plants. HRSD agrees to credit the CITY. at the end of each quarterly period. 70% of all revenues collected by HRSD for Wastewater Treatment Charges from connections to the Interceptor Facilities. Such connections considered for the 70% credit w~ll be those located in the CITY Wlthln the service area shown on Attachment I beginning at such time these service areas are connected to the Interceptor Facilities described herein. Areas outside of the shown service area w~ll be credited towards this ~nterceptor if they are new connections to the interceptor and have not been or will not be credited towards another Agreement between the CITY and HRSD C Payment to the CITY HRSD agrees that the City may construct any port~on of the described force main and that the allowable Costs of Construction as described here~n shall be reimbursed to the CITY through monthly progress payments based on invoiced costs IV. OBLIGATIONS OF THE CITY A. Payment to HRSD The CITY agrees to pay to HRSD, at the end of each quarterly period, one-fourth of the annual ~nterest sum arrived at by multiplying the CITY's share of the Cost of Construction, as described ~n Section II A , by the agreed interest rate of for portions of the project financed conventionally, (or by the interest rate charged by the Virginia Revolving Loan Fund for portions of the project f~nanced through the Virginia Revolving Loan Fund), less the 70% credit to the CITY as outlined in Section III B above Payment by the CITY w~ll begin as of the date of completion of the Interceptor Facilities and at the time the Interceptor Facilities become available for the use or as of the day any portion of the Interceptor Facilities as requested by the CITY is made available for use prior to the total completion of the project B Future Relocating of Lines If any such lines are required to be relocated to accommodate other public projects, relocation shall be at the expense of the project V PAYMENT TERMINATION Payment by the CITY shall terminate when such 70% credits equal the amount of the CITY's quarterly payments and such 70% credits have not, for any quarterly per~od within one year prior thereto, been less than the CITY's quarterly payment VI MISCELLANEOUS A. Non-Assignment Neither party shall assign its rights and duties under this AGREEMENT w~thout the prior written consent of the other B Applicable Law/Compliance With All Laws/Venue 1 Appl ~cable Law Th~s AGREEMENT shall be deemed to be a V~rglnla contract and shall be governed as to all matters whether of validity, ~nterpretatlons, obligations, performance or otherwise exclusively by the laws of the Commonwealth of V~rg~nla, and all questions arising w~th respect thereto shall be determined in accordance with such laws Regardless of where actually delivered and accepted, this AGREEMENT shall be deemed to have been delivered and accepted by the parties ~n the Commonwealth of Virginia 2 Compliance With All Laws In the performance of th~s AGREEMENT, the CITY and HRSD shall comply w~th all applicable federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted. 3. Venue Any and all suits for any claims or for any and every breach or dispute arising out of this AGREEMENT shall be maintained in the appropriate court of competent .lUrlSdlCtlOn in the City of Virginia Beach C Modl flcatlon There may be no modifications of this AGREEMENT, except in writing, executed by the authorized representatives of the CITY and HRSD D Notices All notices required to be given hereunder shall be deemed given when hand delivered and receipted or deposited in the U S Mall. certified mall. return receipt requested, postage prepaid, to the address of the party being notified as set forth on Page 1 of this AGREEMENT. or such other address as a party may have, provided notice is given of such address change in accordance with the provl slons hereof IN WITNESS WHEREOF. the CITY has caused th~s AGREEMENT to be s~gned by the C~ty Manager ~n its behalf and its seal affixed and attested by the City Clerk. pursuant to resolution adopted by the City Council on 1997 and the Hampton Roads Sanitation D~strlct Commission has caused th~s AGREEMENT to be signed in its behalf by its General Manager and its seal affixed and attested by ~ts Secretary in accordance with authorization granted at ~ts regular meeting held on . 1997 HAMPTON ROADS SANITATION DISTRICT ATTEST By D R Wheeler. General Manager Secretary CITY OF VIRGINIA BEACH ATTEST By City Manager City Clerk APPROVED FOR THE CITY AS TO FORM C~ty Attorney APPROVED FOR THE CITY AS TO CONTENT Public Utilities APPROVED FOR THE CITY AS TO AVAILABILITY OF FUNDS. Finance Department iii Ii DESCRIPTION OF FACILITIES In keeping with the policies set forth in HRSD's Development Plan and the CITY's requirements for sanitary sewer systems, HRSD will construct: Approximately 17,000 feet of force main beginning at the existing HRSD Atlantic Treatment Plant in Virginia Beach to the intersection of General Booth Boulevard as shown on Attachment 1 (the "Interceptor Facilities"). II. CONSTRUCTION OF FACILITIES A. Cost of Construction' The total cost of the Interceptor Facilities (the "Cost of Construction"), as specifically defined by the plans and specifications for the work, prepared by or for HRSD and approved by the CITY, shall ~nclude (a) construction contract costs for the Interceptor Facilities; (b) cost of engineering design, construction, supervision and inspection; (c) the cost of advertising for bids, review by HRSD consultants, and other miscellaneous essential expense; and (d) the cost of land and rights-of-way acquired for construction from property other than that owned by the City or in public rights-of-way. !.-- Z LU 0 Z 0 u-O-r. LLI W 0 U.l o U.I >'0 .=_~ ~ 0 0 ~ 0 f- ...~ 0 (.3 ::3 0 0 ._~ INTEREST PARTICIPATION AGREEMENT FOR THE CONSTRUCTION of HRSD LAGOMAR INTERCEPTOR FORCE MAIN for THE CITY OF VIRGINIA BEACH THIS AGREEMENT, between the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia (the "CITY"), the address of which C/O City Manager, Municipal Center, Virginia Beach, VA 23456, and the HAMPTON ROADS SANITATION DISTRICT, a district organized pursuant to Chapter 66, Virginia Acts of Assembly, 1960, as amended ("HRSD"), the address of which 1436 Air Rail Avenue, Virginia Beach, VA 23455, entered into this day of , 1997 and replaces the Interest Participation Agreement for the Construction of the Pungo Interceptor Force Main Part I dated June 11, 1996. WITNESSETH: WHEREAS, the HRSD Lagomar Interceptor Force Main is planned to provide for the systematic expansion of HRSD facilities to meet the needs of customers in accordance with the Hampton Roads Samtation District Development Plan; and WHEREAS, the CITY finds it necessary to pursue the construction of the HRSD Lagomar Interceptor Force Main as specffically described below; and WHEREAS, the HRSD agrees to have the Interceptor Facilities (hereinafter defined) constructed at HRSD's cost and in accordance with the description of the Interceptor Facilities stated and referred to herein and under the terms and conditions herein del'reed; NOW, THEREFORE, it is mutually agreed between the parties hereto as follows: The records of the Costs of Construction shall be available for review by the CITY at any mutually convenient time. The Costs of Construction shall not include admlmstrauve or salary cost of the CITY or HRSD. The CITY's share of the Cost of Construction is agreed to be calculated at the end of construction of the Interceptor Facilities or as of the date any portion of the Interceptor Facilities as requested by the CITY is made available for use prior to the total completion of the project, as set forth in Attachment II B. Approval of Plans and Specifications: HRSD agrees that before any construction work is begun under this AGREEMENT, ~t will submit to and secure approval from the CITY (in writing) of final plans and specifications for the work by the Director of Public Utilities. Th~s approval includes but is not limited to routing of the force main and location of outlets. C. Ownership, Operation and Maintenance of Facilities: The Facilities constructed hereunder shall be and remain the property of HRSD and shall be operated and maintained by HRSD. III. OBLIGATIONS OF HRSD A. Collection of Service Charges: HRSD and the CITY agree that a Wastewater Facility Charge normally made by HRSD will be charged for each new connection served by the lines previously described in Section I No Wastewater Facility Charge will be required for the connection of existing facihnes that are served by septic tank or other inadequate wastewater treatment facilities which are to be abandoned. A Wastewater Treatment Charge shall be collected by HRSD in accordance with provistons of the rate schedule in effect at the time of collection. The CITY, however, reserves the right to charge and collect facility and service charges as appropriate ~n addition to HRSD charges. HRSD shall maintain a complete and accurate record of all Wastewater Facility Charges and Wastewater Treatment Charge collecnons and such records shall be available for inspection by authorized representauves of the CITY during normal working hours. B. Revenue Credit to the CITY. When HRSD begins treatment of flows generated through the Interceptor Facilities at its treatment plants, HRSD agrees to credit the CITY, at the end of each quarterly period, 70% of all revenues collected by HRSD for Wastewater Treatment Charges from connections to the Interceptor Facilities. Such connections considered for the 70% credit will be those located in the CITY within the service area shown in Attachment I. The area served by City Pump Stations 616, 619 and 620 will be redirected to the HRSD Lagomar Interceptor Force Main upon completion and credits for these flows will be applied to the CITY's payments for Cost of Construction under this AGREEMENT. IV. OBLIGATIONS OF THE CITY A. Payment to HRSD' The CITY agrees to pay to HRSD, at the end of each quarterly period, one- fourth of the annual ~nterest sum arrived at by multiplying the CITY's share of the Cost of Construction, as described in Section II.A., by the agreed interest rate of 6.13 % for portions of the project financed conventionally, (or by the interest rate charged by the Virginia Revolving Loan Fund for portions of the project financed through the Virginia Revolving Loan Fund), less the 70% credit to the CITY as outlined in Section III.B. above. Payments will begin as of the date of completion of the Interceptor Facilities and at the time the Interceptor Facilities become available for the use or as of the day any portion of the Interceptor Facilities as requested by the CITY made available for use prior to the total completion of the project. B. Future Relocating of Lines If any such lines are required to be relocated to accommodate other public projects, relocation shall be at the expense of the project. V. PAYMENT TERMINATION Payment shall terminate when such 70% credits equal the amount of the CITY's quarterly payments and such 70 % credits have not, for any quarterly pet ~od within one year prior thereto, been less than the CITY's quarterly payment. VI. ROUTE STUDY The CITY and HRSD have participated equally in having a route study prepared by a mutually acceptable consultant, to determine the route, sizing and phasing of future segments of the HRSD Interceptor Force Main System in Southern Virginia Beach to be constructed between the Atlantic Treatment Plant and the Chesapeake City line. VII. MISCELLANEOUS A. Non-Assignment Neither party shall assign its rights and duties under this AGREEMENT without the prior written consent of the other. B. Applicable Law/Compliance With All Laws/Venue 1. Apphcable Law This AGREEMENT shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this AGREEMENT shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 2. Compliance With All Laws In the performance of this AGREEMENT, the CITY and HRSD shall comply with all applicable federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted. 3. Venue Any and all suits for any claims or for any and every breach or dispute ATTACHMENT I VIRGINIA BEACH BA ) The area shown w~th s~ngle hatching will be served by the HRSD Lagomar Interceptor Force Ma~n The CITY has no plans now or ~n the future to extend sanitary sewer service to the cross hatched area, however, any extension of samtary sewer service to the cross hatched area at any t~me ~n the future w~ll be the respons|blhty of the CITY not HRSD. Areas outside the s~ngle hatched area w~ll be credited towards th~s ~nterceptor ~f they are a new connecbon to the interceptor and have not been or w~ll not be credited towards another agreement N/~TIONkL arising out of this AGREEMENT shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. C. Modification There may be no modifications of this AGREEMENT, except in writing, executed by the authorized representatives of the CITY and HRSD. D. Notices All notices required to be given hereunder shall be deemed given when hand delivered and receipted or deposited in the U. S. Mail, certified mail, remm receipt requested, postage prepaid, to the address of the party being notified as set forth on Page 1 of this AGREEMENT, or such other address as a party may have, provided notice is given of such address change in accordance with the prowsions hereof. IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be signed by the City Manager in its behalf and its seal affixed and attested by the City Clerk, pursuant to resolution adopted by the City Counml on __, 1997, and the Hampton Roads Sanitation District Commission has caused this AGREEMENT to be signed in its behalf by its General Manager and its seal affixed and attested by its Secretary in accordance with authorization granted at its regular meeting held on__ ,1997. HAMPTON ROADS SANITATION DISTRICT ATTEST: By D. R. Wheeler, General Manager Hampton Roads Sanitation District Secretary CITY OF VIRGINIA BEACH By. James K. Spore, City Manager ATTEST: City Clerk APPROVED FOR THE CITY AS TO FORM: City Attorney APPROVED FOR THE CITY AS TO CONTENT Public Utilities APPROVED FOR THE CITY AS TO AVAILABILITY OF FUNDS: Finance Department I- Z LU Z 0~< o~- I--'07 Z r~ W W o - 19- Item VJ.2. RESOLUTION~ORDINANCES ITEM # 42438 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED, AS AMENDED: Ordinance to APPROPRIATE $42,500 from the Economic and Tourism Development Studies Project (CIP 9-280) within the FY 1997-1998 Capital Budget to the Virginia Beach Development Authority re a study of the economtc feasibility of developing a world-class lodging facihty at the South end of Sandbridge Beach with associated educational centers at False Cape State Park. Voting: 9-2 (By ConsenO Council Members Voting Aye: John ,4. Baum, Ltnwood 0 Branch, III, Wilham W Harrison, Jr, HaroM Heischober, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Vtce Mayor Wtlham D Sessoms, Jr. and Louisa M. Strayhorn Counctl Members Voting Nay: *Barbara M. Henley and Nancy K. Parker Council Members Absent' None *Verbal Nay Vote August 5, 1997 6 7 8 9 10 11 AN ORDINANCE APPROPRIATING FUNDS IN THE AMOUNT OF $42,500 FROM CIP PROJECT NO. 9-280 (ECONOMIC AND TOURISM DEVELOPMENT STUDIES) WITHIN THE FY 1997-98 CAPITAL BUDGET TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO ENABLE THE AUTHORITY TO CONDUCT A STUDY OF THE ECONOMIC FEASIBILITY OF DEVELOPING A WORLD-CLASS LODGING FACILITY AT THE SOUTH END OF SANDBRIDGE BEACH WITH ASSOCIATED ENVIRONMENTAL EDUCATION CENTERS AT FALSE CAPE STATE PARK 12 WHEREAS, the City of Virginia Beach Development Authority 13 (the "Authority") was created pursuant to Chapter 643 of the Acts 14 of Assembly of 1964, as amended (the "Act"); 15 WHEREAS, one of the primary purposes of the Act is to 16 enable development authorities "to promote industry and develop 17 trade by inducing manufacturing, industrial, governmental and 18 commercial enterprises to locate in or remain in the Commonwealth 19 and further the use of its ... natural resources .... "; 2O WHEREAS, in furtherance of this purpose, the City of 21 Virginia Beach Development Authority ("Development Authority" or 22 "Authority") is interested in conducting a study of the economic 23 feasibility of developing a world-class lodging facility at the 24 south end of Sandbridge Beach with associated environmental 25 education centers at False Cape State Park; 26 WHEREAS, the Authority has determined the cost of such a 27 feasibility study to be approximately $42,500; 28 WHEREAS, pursuant to § 7 of the Act, "the Authority may 29 foster and stimulate the development of industry in the area within 30 its jurisdiction... [and] may accept, and expend for the purposes 31 stated above, money from any public or private source .... "; 32 WHEREAS, pursuant to § 10 of the Act, the City of 33 Virginia Beach (the "City") "is authorized and empowered to make 34 appropriations and to provide funds for the operation of the 35 Authority and to further its purposes"; 36 WHEREAS, because the proposed project is consistent with 37 City Council's long-term goals and objectives for economic 38 development in the City, the Council desires to participate in this 39 project by providing the Development Authority the funds necessary 40 to conduct the feasibility study; and 41 WHEREAS, there are sufficient funds available for this 42 purpose in CIP Project No. 9-280 (Economic and Tourism Development 43 Studies). 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 45 OF VIRGINIA BEACH, VIRGINIA: 46 That funds in the amount of $42,500 are hereby 47 appropriated from CIP Project No. 9-280 (Economic and Tourism 48 Development Studies) within the FY 1997-98 Capital Budget to the 49 City of Virginia Beach Development Authority to enable the 50 Authority to conduct a study of the economic feasibility of 51 developing a world-class lodging facility at the south end of 52 Sandbridge Beach with associated environmental education centers at 53 False Cape State Park. 54 BE IT FURTHER RESOLVED: 55 That, prior to any expenditure of the funds appropriated 56 by this ordinance, the owner of the private property which has been 57 identified as being critical to the proposed project must agree to 58 reimburse the City for the cost of the economic feasibility study 59 in the event such property is sold or developed as a result of the 60 study or any process implemented in connection therewith. 61 BE IT FURTHER RESOLVED: 62 That if the funds appropriated by this ordinance are 63 reimbursed to the City, such funds shall be returned to the Tourism 64 Growth Investment Fund. 65 Adopted by the Council of the City of Virginia Beach, 66 Virginia, on the 5th day of August, 1997. 67 68 69 70 CA-6748 ORDIN\NONCODE[STUDY1. ORD R-1 PREPARED: 08/05/97 71 72 73 74 APPROVED AS TO LEGAL SUFFICIENCY: - 20 - Item VJ.3 a. RESOLUTION~ORDINANCES ITEM # 42439 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way of Dillon Drive by Harry F. and Bonnie J. Stretz re an existing three and one-hal, f foot (3-1/2 ') wooden picket fence at 233 Dillon Drive (L YNNHA VEN BOROUGH) The following conditions shall be required: The temporary encroachment shall be constructed and maintained in accordance wtth the laws of the Commonwealth of Virgtnia 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, ahgnment and location. The temporary encroachment shall terminate upon notice by the City of Virginia Beach to the applicant and, withtn thirty (30) days after such notice ts given, such temporary encroachments shah be removed from the City's rtght-of-way known as Dillon Drtve by the applicant and the applicant shall bear all costs and expenses of removal. The applicants shall indemnify and hold harmless the City of Virgtnia Beach, its agents and employees from and agatnst aH claims, damages, losses and expenses, tncluchng reasonable attorney's fees in case tt shall be necessary to ftle or defend an action arising out of the location or existence of such temporary encroachment. The applicants shall obtatn and keep tn force all Risk Property Insurance and General Liabtlity or such tnsurance as ts deemed necessary by the Ctty, and all insurance policies must name the City as addttional named tnsured or loss payee, as applicable The applicants must also carry Comprehensive General Liabtlity Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combtned single hmtts of such insurance policy or polictes The apphcants must provtde endorsements provtding at least thirty (30) days' wrttten nottce to the City prior to the cancellation or terminatton of, or material change to, any of the insurance polictes The applicants assume all responstbihttes and liabihttes, vested or conttngent, with relation to the temporary encroachment No permission or authority ts given to the apphcants to permtt the maintenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied herein, nor to permit the maintenance and construction of any encroachments by anyone other than the applicants 6. The applicants agree to maintain the temporary encroachments so as not to become unsightly or a hazard. Any above-ground encroachments shall conform to the mtnimum setback requirements, as established by the City Traffic Engineer's Office. August 5, 1997 - 21 - Item V-I.3 a. RESOLUTION/ORDINANCES ITEM # 42439 (Continued) . The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicants to remove such temporary encroachment; and, pendtng such removal, the City may charge the applicants 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 applicants; and if such removal shall not be made within the time specified by the City, 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 Voting: 11-0 (By ConsenO Council Members Vottng 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, Vice Mayor William D Sessoms, Jr. and Loutsa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None August 5, 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 33 34 35 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF Dillon Drive BY HARRY F. STRETZ AND BONNIE J. STRETZ, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Harry F. Stretz and Bonnie J. Stretz desire to construct and maintain a wooden picket fence in the C~ty's rights- of-way known as Dillon Drmve. WHEREAS, City Council zs authorzzed pursuant to ~ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the Czty's right-of-way sub]ect to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §~ 15.1-316 and 15.1-893, Code of V~rginma, 1950, as amended, Harry F. Stretz and Bonnie J. Stretz, thezr hezrs, assigns and successors in t~tle are authorized to construct and maintain a temporary encroachment for a wooden picket fence in the C~ty's right-of-way as shown on the map entitled: "PHYSICAL SURVEY OF LOT 4, BLOCK 7A SUBDIVISION OF PRINCESS ANNE PLAZA SECTION SIX LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA FOR HARRY F. STRETZ & BONNIE J. STRETZ" a copy of which ~s on file zn 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 zs expressly sub3ect to those terms, conditions and crlterza contained in the Agreement between the C~ty of V~rgln~a Beach and Harry F. Stretz and Bonnie J. Stretz, (the "Agreement") which ~s attached hereto and incorporated by reference; and 36 37 38 39 40 41 42 43 BE IT FURTHER ORDAINED that the City Manager or his authorized designee ~s hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordznance shall not be zn effect until such t~me as Harry F. Stretz and Bonnie J. Stretz and the C~ty Manager or h~s authorized designee execute the Agreement. Adopted by the Council of the C~ty of Virginia Beach, Vmrginia, on the 5~h day of A,,~,,~ , 1997. APPROVED AS TO CONTENTS S~GNATU~E /DEPA~MENT~ APPROVED AS TO LEGAL SUFFICIENCY AND FORM SCALE /'-1600' rD. 44 LOCATION MAP L E3 , LOCATION MAP SHOWING ENCROACHMENT FOR WOOD ~~~--' FENCE AT 233 DILLON DRIVE BY HARRY F. AN D BONNIE J. STR ,E: 1" 100' PREPARED BY P/W ENG. DRAFT. 6/30/97 PREPARED BY VIRGINIA BEACH C~ty Attorney's Office THIS AGREEMENT, made this~ day of "~ ,3 ,o c~ , 1997, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and HARRY F. STRETZ AND BONNIE J STRETZ, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part WITNESSETH That, WHEREAS, it is proposed by the party of the second part to construct and maintain a 3' 6" wooden picket fence in the City of Virginia Beach, and WHEREAS, in constructing and maintaining such 3' 6" wooden picket fence, it is necessary that the said party of the second part encroach into a portion of an existing City right of way known as Dillon Drive, and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such 3' 6" wooden picket fence within a portion of the City's right of way known as Dillon Drive 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 right of way known as Dillon Drive for the purpose of constructing and maintaining such 3' 6" wooden picket fence 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 encroachment into a portion of the City's right of way known as Dillon Drive as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT 4, BLOCK 7A SUBDIVISION OF PRINCESS ANNE PLAZA SECTION SIX LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA FOR HARRY F STRETZ & BONNIE J STRETZ," 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 atter such notice is given, such temporary encroachment shall be removed from the City's right of way known as Dillon Drive 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 The party of the second part agrees to 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 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 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 encroachment so as not to become unsightly or a hazard It is fimher expressly understood and agreed that any above ground encroachments shall conform to the minimum setbacks requirements, as established by the City Traffic Engineer's Office It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the 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 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 WHF~OF, Harry F. Stretz and Bonnie J Stretz, the said party of the second part have caused this Agreement to be executed by their signatures and seals duly affixed Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST City Clerk APPROVED AS TO LEGAL SUFFICIENCY B0~'m~e J Stretz I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 1997, has acknowledged the same before me in my City and State aforesaid GIVEN under my hand this~ day of ,1997 Notary Public My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit. I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the ~ day of , 1997, has acknowledged the same before me in my City and State aforesaid GIVEN under my hand this~ day of ,1997 Notary Public My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit' I,'~'~tq t-~, d ~ ~t ~-, , a Notary Public in and for the City and State aforesaid, do hereby certify that Harry F. Stretz and Bonnie J. Stretz, whose names are ,aD signed to the foregoing writing, beating date the z ~day of ~ ,0 e' ,1997, have a~knowledged the same before me in my City and State aforesaid Given under my hand this ~_ ~t~ day of Q34-x-~--x~ ,1997 My Commission Expires Notary Public · LOT 2~ LOT $ O.3' 'S'UTIL~Y LOT 29 PtN~,ll~ 270.Z7' L-75.00' 10-1510 - 22 - Item V-I.$ b. RESOLUTION~ORDINANCES ITEM # 42440 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of City's thirty-foot (30 ') drainage easement by Douglas L. and Cynthia J. Haislip re construction of a wooden pier at 4163 North Witchduck Road (BA YSIDE BOROUGH) The following con&tions shah be required: . . The temporary encroachment shall be constructed and matntatned in accordance with the laws of the Commonwealth of Virgtnta 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 shah termtnate upon notice by the Ctty of Vtrginia Beach to the apphcant and, within thirty (30) days after such notice is gtven, such temporary encroachments shall be removed from the Ctty's rtght-of-way known as Dillon Drtve by the apphcants and the applicants shall bear aH costs and expenses of removal. The applicants shah indemnify and hold harmless the Ctty of Virgtnta Beach, its agents and employees from and against all claims, damages, losses and expenses, tncludtng reasonable attorney's fees in case tt shah be necessary to file or defend an action artstng out of the location or existence of such temporary encroachment. No permission or authortty ts given to the applicants to permit the maintenance or construction of any encroachment other than that spectfied herein and to the hmited extent specified heretn, nor to permit the maintenance and constructton of any encroachments by anyone other than the apphcants. The apphcants agree to maintain the temporary encroachments so as not to become unsightly or a hazard The apphcants must obtain a Permit from the Development Services Center prtor to commenctng any constructton. Any above-ground encroachments shall conform to the minimum setback requtrements, as established by the City's Zoning Ordinances. The apphcants shah submit for review and approval a survey of the area being encroached upon, certified by a professtonal engtneer and/or "as-built" plans of the encroachment, tf required by either the City Engineer's Office or the Engineertng Division of the Pubhc Uttlittes Department. August 5, 1997 - 23 - Item V-I.3 b. RESOLUTION/ORDINANCES ITEM # 42440 (Continued) The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes, may require the apphcants to remove such temporary encroachment; and, pending such removal, the City may charge the applicants 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 applicants; and tf such removal shall not be made within the time specified by the Ctty, the City shall tmpose a penalty in the sum of One Hundred Dollars ($1 O0 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 provtded by law for the collection of local or state taxes. ~ting: 11-0 (By ConsenO Council Members Voting Aye. John A Baum, Linwood O. Branch, III, William W Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr. and Louisa M Strayhorn Council Members Vottng Nay' None Counctl Members ~4bsent' None August 5, 1997 1 Requested by Department of Public Works 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S 30' DRAINAGE EASEMENT LOCATED WITHIN THAT PROPERTY KNOWN AS 4163 N WITCHDUCK ROAD BY DOUGLAS L HAISLIP AND CYNTHIA J HAISLIP, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 12 WHEREAS, Douglas L Halshp and Cynthia J Halshp desire to construct and 13 maintain a wooden pier within a 30' City drainage easement which crosses the rear portion of 14 their property located at 4163 N Witchduck Road 15 WHEREAS, City Council is authorized pursuant to §§ 15 1-316 and 15 1-893, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's 17 right-of-way subject to such terms and conditions as Council may prescribe 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA 20 That pursuant to the authority and to the extent thereof contained in §§ 15 1-316 21 and 15 1-893, Code ofVlrglma, 1950, as amended, Douglas L Haisl~p and Cynthia J Hmshp, 22 their heirs, assigns and successors in title are authorized to construct and maintain a temporary 23 encroachment for a wooden pier in the City's 30' drainage easement as shown on those certain 24 five (5) plats entitled "PROPOSED PRIVATE PIERS · IN MAN-MADE CANAL- AT 25 VIRGINIA BEACH, VA. APPLICATION BY MCGUIRE- DATE FEB 6, 1997. 26 WATERFRONT CONSULTING, INC" copies of which are on file In the Department of 27 Public Works and to which reference is made for a more particular description, and 28 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 29 subject to those terms, cond~tions and criteria contained In the Agreement between the City of 30 Virginia Beach and Douglas L Halsllp and Cynthia J Haishp, husband and wife, (the 31 "Agreement") which is attached hereto and incorporated by reference, and 32 BE IT FURTHER ORDAINED that the City Manager or his authorized designee 33 is hereby authorized to execute the Agreement 34 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 35 such time as Douglas L Halsllp, CyntMa J Haishp, and the City Manager or his authorized 36 37 designee execute the Agreement Adopted by the Council of the City of %rg~ma Beach, Vlrglma, on the ~ 5th 38 day of August , , 1997 39 PREPARED BY The Department of Pubhc Works/Office of Real Estate APPROVED AS TO CONTENTS L/~ SIGNATeRE DEPARTMENT` APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATT0kNEY (D© // LOCATION t/lAP SCALE 1'-1,600' ,,., 0o 0 > 0 © / / / / ~ LOCATION MAP PROPOSED ENCROACHMENT INTO THE ITY'S 30' DRAINAGE EASEMENT '-DOUGLAS L. HAISLIP AND CYNTHIA ]..HAISLIP ~_..~~"-.. ~ ,.-, SCALE: 1" = 200', ///~' ~ PREPARED BY P/W ENG. DRAFT. 6,/05/97 (RICHARD.DGN] 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 25-249 THIS AGREEMENT, made this ].'~ day of. , 19 Q'"/, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a mumclpai corporation, Grantor, party of the first part, and DOUGLAS L HAISLIP and CYNTHIA J HAISLIP, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, parties of the second part WITNESSETH The parties of the second part are the owners of that certain lot, tract, or parcel of land designated and described as "4163 N W~tchduck Road, Virginia Beach, Virginia 23455", and That, WHEREAS, it ~s proposed by the parties of the second part to construct and mmntaln a wooden p~er on their property located ~n the C~ty of %rg~nla Beach, and WHEREAS, ~n constructing and maintaining such wooden p~er, it is necessary that the said parties of the second part encroach into a portion of an existing 30' City drainage easement, and said parties of the second part have requested that the party of the first part grant a temporary encroachment to faclhtate such wooden pier within a portion of the C~ty's GPIN 1478-96-8433 30' drainage easement NOW, THEREFORE, tbr and In consideration of the premises and of the benefits accruing or to accrue to the parties of the second pan and tbr the further consideration of One Dollar ($1 00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the parties of the second part a temporary encroachment to use a portion of the City's 30' drainage easement for the purpose of constructing and maintalmng such wooden pier It ~s expressly understood and agreed that such temporary encroachment will be constructed and maintained In accordance with the laws of the Commonwealth of Vlrglma and the City of Virginia Beach, and in accordance with the City of Vlrglma 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 Cay's 30' drainage easement as shown on those certain five (5) plats entitled "PROPOSED PRIVATE PIERS. IN MAN-MADE CANAL. AT VIRGINIA BEACH, VA- APPLICATION BY MCGUIRE DATE FEB 6, 1997 . WATERFRONT CONSULTING, INC ", copies of which are attached hereto as Exhibit "A" to which reference ~s made for a more particular description It is further expressly understood and agreed that the temporary encroachment here~n authorized shall terminate upon not~ce by the City of Virginia Beach to the parties of the second part, and that within thirty (30) days after such notice is g~ven, such temporary encroachment shall be removed from the City's 30' drainage easement and that the part,es of the second part shall bear all costs and expenses of such removal It is further expressly understood and agreed that the parties of the second part shall lndemml¥ and hold harmless the C~ty of V~rglma Beach, ~ts agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's tees ~n case ~t 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 contmned shall be construed to enlarge such permission and authomy to permit the mmntenance 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 part,es of the second part It ~s further expressly understood and agreed that the part,es of the second part agree to mmntaln said encroachment so as not to become unsightly or a hazard it is further expressly understood and agreed that the part,es of the second part must obtmn a permit from the Development Services Center prior to commencing any construction It ~s further expressly understood and agreed that any above ground encroachments shall conform to the m~mmum setbacks reqmrements, as established by the City'S Zomng Ordinances It is further expressly understood and agreed that the pames of the second part shall submit tbr rewew and approval, a survey of the area being encroached upon, cemfied by a professional engineer, and/or "as bruit" plans of the encroachment, if reqmred by either the C~ty Engineer's Office or the Engineering Division of the Public Unl~t~es Department It ~s further expressly understood and agreed that the party of the first part, upon revocation of such authority and perm}ss~on so granted, may remove any such encroachment and charge the cost thereof to the parties of the second part, and collect the cost ~n any manner prowded by law for the collection of local or state taxes, may reqmre the pames of the second part to remove such temporary encroachment, and ~f such removal shall not be made w~th~n the t~me ordered here~nabove by th~s Agreement, the C~ty shall ~mpose a penalty ~n the sum of One Hundred Dollars ($100 00) per day for each and every day that such encroachment ~s allowed to continue thereafter, and shall collect such compensation and penalties ~n any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, DOUGLAS L HAISLIP and CYNTHIA J HAISLIP, the said parties of the second part have caused th~s Agreement to be executed by their signatures and seals duly affixed Further, that the C~ty of Vlrglma Beach has caused this Agreement to be executed in ItS name and on ~ts behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk CITY OF VIRGINIA BEACH By C~ty Manager/Authorized Designee of the C~ty Manager (SEAL) ATTEST Cay Clerk APPROVED AS TO LEGAL. SUiXi:R,,~:-N~,Y STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t The foregmng ~nstrument was acknowledged before me this day of 19__,, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit 19 The foregoing ~nstrument was acknowledged before me thls~ day of ~,, by RUTH HODGES SMITH, C~ty Clerk for the CITY OF VIRGINIA BEACH Notary Public My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me th~s/~_ day of 19 ~], by DOUGLAS L HAISLIP and CYNTHIA J HAISLIP '- "Notary Public i My Commission Expires. : 58 ~ BOXED AREA -- u~zE exes ~Ne ~ S /[~ ~ ~ ~' DRIVEWAY AS SINGLE z--,~ ~, , POINT ACCESS FROH ~,~ ,. ~i-- ~:: ? STREET. ~ % -':' u SCALE r - 80' EX ~ ~¢~T 'A" PURPOSE BOA TING ACCESS DA TUP/- H.S.L. 0.0 ADJACENT PROPERTY OWNERS I CHARLES ROBINSON 2. DOUGLAS HAISLIP $ JANES NELSON 4 WA TERFRONT CONSULTING. /NC'. 4698 HANOVER COURT VIRGINIA BEACH VA 25464 PHIFAX (757) 495-8566 PROPOSED PRIVATE PIERS IN: HAN-HADE CANAL AT: VIRGINIA BEACH. VA APPLICATION BY' NcGUIRE SHEET'! OF 5 DATE FEB ~ 199,7 i PIN(F:] HHW & HLW AT EXIST. BULKHEAD PROPOSED 4' x 14' PIER PROPOSED 4' x 14' PIER · · I~c &a ~ ~ . SAFTETY FENCE-/'` " / · (TYP} · SCALE I' - 20' · PURPOSE: BOATING ACCESS DA TUN: PI.S.L. 0.0 ADJACENT PROPERTY OWNER, I. CHARLES ROBINSON 2. DOUGLAS HAISLIP ,3.JANES NELSON 4 ! WA TERFRONT Co su I c. 4698 HANOVER COURT VIRGINIA 8EACH. VA 23464 PH/FAX' (757) 495-8566 I LINE PROPOSED PRIVATE PIEF~ IN: PIAN-i"IADE CANAL A T: VIRGINIA BEACH. VA APPLICATION BY: PlcGUIRE SHEET: 2 OF 5 DA TE. FEB ~5. Igg7 i i i i i " I SITE SPECIFICS: ! LEGAL DESCRIPTION: LOT45.AMENDED PLAT OF WlTCHDUCK REF: M.B. 65 PG. 2 ~~'- o '"\ GPIN: 1478-g6-7187-0000 -., ZONING: R-40 .... SIDE SETBACK' 20' ~" C.B.P.A. NO TIES: ENTIRE PROJECT I$ IN OR ,SEAWARD OF= THE I00' RPA BUFFER PROJECT IS WATER DEPENDENT. NO TREES TO BE IMPACTED UNLESS NOTED. SEQUENCE OF EVENTS: I. SECURE ALL REOUIRED PERHITS. FEDERAL. STATE AND LOCAL. 2.ERECT SAFETY FENCE FOR ACCESS WAY AND STAGING AREA. 3.DELIVER MATERIALS TO SITE VIA ACCESS WAY AS SHOWN ON PLAN VIEW. 4.CONSTRUCT PIER VIA BARGE. 5.DISPOSE OF ALL CONSTRUCTION DEBRIS IN A LAWFUL IdANNER. 6.RESTORE ALL II"IPACTED AREAS TO PRECONSTRUCTiON CONDITION A,S PER TURF=GRASS SCHEDULE BELOW. 7.REHOVE ALL SAFETY FENCE. TURFGRASS PLANTING SPECIFICATIONS TYPE T/PIE TO SEED RATE ., KENTUCKY-Si g/16 - 4/50 8 LBS./lO00 SF , NARROW LEAF FE$CUES 9/16 - 4/$0 6 LBS./lO00 SF ,, BERMUDA' 5/I - g/15 2 LBS/IO00$F PURPOSE' BOA TING ACCESS DA TUN: M.S.L 0.0 ADJACENT PROPERTY OWNERS I. CHARLES ROBINSON 2. DOUGLAS HAISLIP ,3 JAMES NELSON 4 WA TERF:RONT CONSULTING. /NC. 4698 HANOVER COURT VIRGINIA BEACH. VA 23464 PHIFAX f757) 495-8566 PROPOSED PRIVATE PIERS IN: MAN-MADE CANAL A T: VIRGINIA BEACH. VA APPLICATiON BY' I'icGUIRE SHEET: 5 OF:: 5 DATE FEB 6 1997 PROPOSED PIER DE. TAILS i SCALE I/2' - LO' a' O' I"IAX CENTERS I II I1~1~ D~c~~ I I - aT~COmO~ II/ II .... I I I I I I I I WITH 20D CO~ON NAIL ~ I I I I ~ ALTERNATE ~IST BREAKS AT SEPARATE BENTS ~._~iX I X I XIX I X I X I X I:)"(;,|XIXIXIXIX! XIXIX I XA IX I XiX I XI , ,/ ~, < WITH 5/8' OGEE ~:tER-/ ~ ~:~-, ~ l !4' ~ ~ ~ AND ~T ...... .... ., ~ow ~ ~ ~.4'. 2"x 8' JOlT 8'DIA LENGTH PER FELD 5Ox I.t,E. ~,~ ~ ~, '~ / ~5'_, ~A TERIALS SPECIFICA PILING; C.C.A. 2.5 PCF [~P-88] ~~G; C.C.A. 0.4 P~ /LP-223 OR BETTER ~RAalN6. C.C.A. 2.5 PCF [~LP-881 HARDWARE: aD. GALVAMZED IASTa-AIS~] (ALL WOOD TO BE GRADE TWO OR gETTER) PURPOSE: BOATING ACCESS DA TUN: PI.S.L. 0.O ADJACENT PROPERTY OWNERS I. CHARLES ROBINSON 2. DOUGLAS HAISLIP 5. JANES NELSON 4 WA TERFRONT CONSULTING. INC. 4698 HANOVER COURT VIRGINIA gEACH. VA 25464 PH/FAX: (757) 495-8566 PROPOSED PRIVATE PIER~ IN: NAN-blADE CANAL AT: VIRGINIA BEACH. VA APPLICATION BY: blcGUIRE SHEET: 4 OF 5 DATE' FEB. 6. 1997 VICINITY HAP ' SCALE F - 2000'' ' ~ -'~ ._ ¢~_~./ .n.~.y~._ ,~ ~ .... ~ , ~ '~ ~....~ ~.. ~ I PURPOSE: BOATING ACCESS DA TUN: P/.S.L. 0.0 ADJACENT PROPERTY OWNERS I. CHARLES ROBINSON 2. DOUGLAS HAISLIP 5. JANES NELSON 4 WATERFRONT CONSULTING. INC. 4698 HANOVER COURT VIRGINIA BEACH VA 23454 PH/FAX (757) 495-8566 PROPOSED PRIVATE PIERS IN: MAN-/JADE CANAL AT: VIRGINIA BEACH. VA APPLICATION BY. /JcGUIRE SHEET' $ OF 5 DATE FEB <5 1997 24- Item V-I.$ c. RES OL UTION/ORDINANCES ITEM # 42441 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize a temporary encroachment tnto a portion of the City-s thirty-foot (30') drainage easement by Orville }V. and Jean C. McGuire re construction of a wooden pier at 4100 Richardson Road (BA YSIDE BOROUGH). The following conditions shall be required: The temporary encroachment shah be constructed and maintatned in accordance with the laws of the Commonwealth of Virgtnia 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 nottce by the City of Virginia Beach to the applicant and, within thirty (30) days after such notice is given, such temporary encroachments shall be removed from the City's 30' drainage easement by the apphcants and the applicants shall bear all costs and expenses of removal. . The apphcants shah indemnify and hold harmless the City of Virgtnia Beach, its agents and employees from and agatnst all clatms, damages, losses and expenses, includmg reasonable attorney's fees tn case it shall be necessary to file or defend an action artsing out of the locatton or extstence of such temporary encroachment. . No permission or authority ts given to the applicants to permtt the maintenance or construction of any encroachment other than that specified heretn and to the limited extent spectfied herein, nor to permit the matntenance and constructton of any encroachments by anyone other than the applicants. 5. The applicants agree to matntatn the temporary encroachments so as not to become unstghtly or a hazard 6. The apphcants must obtatn a Permit from the Development Servtces Center prior to commencing any constructton. Any above-ground encroachments shah conform to the mtntmum setback requirements, as estabhshed by the City's Zoning Ordtnances. The applicants shall submit for review and approval a survey of the area being encroached upon, cent. fled by a professional engineer and/or "as-butlt" plans of the encroachment, tf requtred by either the City Engineer 's Office or the Engineertng Dtvision of the Pubhc Utilities Department. August 5, 1997 - 25 - Item V-I.$ c. RESOLUTION/ORDINANCES ITEM # 42441 (Continued) . The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collectton of local or state taxes; may requtre the apphcants to remove such temporary encroachment; and, pen&ng such removal, the City may charge the applicants 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 applicants; and if such removal shall not be made within the time specified by the Ctty, the City shall tmpose a penalty in the sum of One Hundred Dollars ($1 O0 00) per day for each and every day that such temporary encroachment is allowed to conttnue thereafter, and shall collect such compensatton and penalties in any manner provided by law for the collection of local or state taxes. Voting. 11-0 (By ConsenO Council Members Voting Aye: John A Baum, Ltnwood O. Branch, III, Wtlliam W. Harrtson, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wilham D Sessoms, Jr. and Loutsa M. Strayhorn Councd Members Voting Nay: None Counctl Members Absent None August 5, 1997 1 Requested by Department of Pubhc Works 2 3 4 5 6 7 8 9 10 ll AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S 30' DRAINAGE EASEMENT LOCATED WITHIN THAT PROPERTY KNOWN AS 4100 RICHARDSON ROAD BY ORVILLE W MCGUIRE AND JEAN C. MCGUIRE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 12 WHEREAS, Orville W McGmre and Jean C McGuire desire to construct and 13 mmntmn a wooden p~er within a 30' C~ty drainage easement which crosses the rear pomon of 14 their property located at 4100 Richardson Road 15 WHEREAS, C~ty Council ~s authorized pursuant to §§ 15 1-316 and 15 1-893, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the C~ty's 17 right-of-way subject to such terms and conditions as Council may prescribe 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA 20 That pursuant to the authority and to the extent thereofcontmned m §§ 15 1-316 21 and 15 1-893, Code of V~rg~ma, 1950, as amended, Orville W McGmre and Jean C McGmre, 22 their he~rs, assigns and successors ~n t~tle are authorized to construct and mmntmn a temporary 23 encroachment for a wooden pier ~n the C~ty's 30' drmnage easement as shown on those certmn 24 five (5) plats entitled "PROPOSED PRIVATE PIERS · IN' MAN-MADE (?ANAL. AT 25 VIRGINIA BEACH, VA. APPLICATION BY MCGUIRE · DATE FEB 6, 1997 · 26 WATERFRONT CONSULTING, INC" cop~es of which are on file ~n the Department of 27 Pubhc Works and to whmh reference ~s made for a more particular description, and 28 BE IT FURTHER ORDAINED, that the temporary encroachment ~s expressly 29 subject to those terms, conditions and criteria contmned ~n the Agreement between the City of 30 Virgima Beach and Orville W McGuire and Jean C McGmre, husband and wife, (the 31 "Agreement") which is attached hereto and ~ncorporated by reference, and 32 BE IT FURTHER ORDAINED that the C~ty Manager or his authorized designee 33 is hereby authortzed to execute the Agreement. 34 BE IT FURTHER ORDAINED, that this Ordinance shall not be in eff'ect until 35 such time as Orville W McGmre, Jean C McGmre, and the C~ty Manager or h~s authorized 36 designee execute the Agreement 37 Adopted by the Council of the C~ty of Virginia Beach, V~rginia, on the 5th 38 day of August .... ,1997 39 PREPARED BY The Department of Pubhc Works/Office of Real Estate APPROVED AS TO CONTENTS ~ SIGNATURE ~' DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY /"b---'"' 8 // LO~ATION MAP SCALE 1"-1,600' 69700 © © 0 © © o% ,~ / / / / SIT 0// LOCATION MAP PROPOSED ENCROACHMENT INTO THE CITY'S 30' DRAINAGE EASEMENT ~ ,,,, '~/~~')/\'~\FOR ~"~~,~~ "<,,, RVlLLE W. MCGUlRE AND JEAN C. M IRE. . -,-SCALE: 1 PREPARED BY P/W ENO. DRAFT. 6/05/97 (RICHARD.DON) PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 i(a)(3) AND 58 1-8 ! 1 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, madeth~s 9th dayof June ,1997 ,byand between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and ORVILLE W MCGUIRE and JEAN C MCGUIRE, husband and w~fe, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, parties of the second part WITNESSETH The part~es of the second part are the owners of that certain lot, tract, or parcel of land designated and described as "4100 Richardson Road, V~rg~ma Beach, Virginia 23455- 5611" and , That, WHEREAS, ~t ~s proposed by the parties of the second part to construct and maintain a wooden p~er on their property located in the C~ty of Vlrglma Beach, and WHEREAS, in constructing and mmntainlng such wooden pier, it is necessary that the smd parties of the second part encroach ~nto a portion of an emstlng 30' City drmnage easement, and smd parties of the second part have requested that the party of the first part grant a temporary encroachment to faclhtate such wooden p~er within a portion of the City's GPIN 1478-96-7187 30' drmnage easement NOW, THEREFORE, for and in consideration of the premises and of the benefits accrmng or to accrue to the part~es of the second part and for the further consideration of One Dollar ($1 00), m hand paid, to the smd party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the part~es of the second part a temporary encroachment to use a portion of the C~ty's 30' drainage easement for the purpose of constructing and maintmmng such wooden p~er It ~s expressly understood and agreed that such temporary encroachment will be constructed and malntmned ~n accordance with the laws of the Commonwealth of Virginia and the C~ty of Vlrg~ma Beach, and ~n accordance with the City of Virginia Beach Public Works Department's spec~fications and approval as to s~ze, alignment and location and is more pamcularly described as follows, to wit An area of temporary encroachment ~nto a pomon of the City's 30' drmnage easement as shown on those certmn five (5) plats entitled "PROPOSED PRIVATE PIERS · IN MAN-MADE CANAL- AT VIRGINIA BEACH, VA. APPLICATION BY MCGUIRE · DATE FEB 6, 1997 WATERFRONT CONSULTING, INC ", cop~es of which are attached hereto as Exhibit "A" to which reference ~s made for a more pamcular descnpuon It is further expressly understood and agreed that the temporary encroachment here~n authorized shall terminate upon notice by the C~ty of Virg~ma Beach to the part~es of the second part, and that within thirty (30) days after such not~ce ~s g~ven, such temporary encroachment shall be removed from the City's 30' drainage easement and that the parties of the second part shall bear all costs and expenses of such removal It is further expressly understood and agreed that the parties 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 specffied here~n, nor to permit the mmntenance and construction of any encroachment by anyone other than the pames of the second part It is further expressly understood and agreed that the parties of the second part agree to maintain said encroachment so as not to become unsightly or a hazard It is further expressly understood and agreed that the parties of the second part must obtain a permit from the Development Services Center prior to commencing any construction It is further expressly understood and agreed that any above ground encroachments shall conform to the minimum setbacks reqmrements, as established by the City's Zoning Ordinances ,} It is further expressly understood and agreed that the parties of the second part shall submit lbr review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as bruit" plans of the encroachment, if required by either the City Engineer's Office or the Eng~neenng D~vis~on of the Public Utilit~es 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 encroachment and charge the cost thereof to the parties of the second part, and collect the cost ~n any manner prowded by law for the collection of local or state taxes, may require the pames of the second part to remove such temporary encroachment, and if such removal shall not be made within the t~me ordered here~nabove by this Agreement, the City shall ~mpose a penalty ~n the sum of One Hundred Dollars ($100 00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, ORVILLE W MCGUIRE and JEAN C MCGUIRE, the smd parties of the second part have caused this Agreement to be executed by their s~gnatures and seals duly affixed Further, that the City of Virginia Beach has caused this Agreement to be executed In its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by ItS C~ty Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST City Clerk APPROVED AS TO LEGA~ '" "'"'"' _ ,~ur'i'~,iE~,!CY (( ~/xQ?d~~' 6' viLTE w 0:'.~-.-~'~ (~ ~'~c,_x~.,~_.,(SEAL) .I~XN C MCGUIRI~ 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 Notary Public My Comm~sslon Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit 19 The foregoing instrument was acknowledged before me this ~. day of ~, by RUTH HODGES SMITH, C~ty Clerk for the CITY OF VIRGINIA BEACH Notary Public My Commiss~on Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t The foregoing instrument was acknowledged before me this 9 day of'~l 1 ~'"l, by ORVILLE W MCGUIRE and JEAN C MCGUIRE My Commission Expires ~l_"'c:~- c~_) 3 FOR EXPLODED DETAIL, OF ~N~=~ BOXED AREA ,' '"-- -- \ ' PIN,F) ~ ~ ~~0~0& ~~-/ /~.~ ~ . ' ~oo-~~ ~. R - 200.00' --~'~--~ UTILIZE EXISTING DRIVEWAY AS SINGLE POINT ACCESS FROPI STREET. SCALE I' - 80' PURPOSE: BOATING ACCESS DA TUt"/: I"/.S.L. 0.0 ADJACENT PROPERTY OWNERS: I CHARLES ROBINSON 2. DOUGLAS HAISLIP 3 JAHES NELSON Ex ~ I OIT "A " WA TERFRONT CONSULTING. /NC. 4698 HANOVER COURT VIRGINIA BEACH VA 23464 PH/FAX ¢757] 495-8566 PROPOSED PRiVATE PIERS IN: I"IAN-I'JADE CANAL AT: VIRGINIA BEACH. VA APPLICATION BY: I"1cGUIRE SHEET: I OF: 5 DATE FEB 8 Igg7 PIN~F~ HHW & HLW AT EXIST. BULKHEAD PROPOSED 4' x 14' PIER PROPOSED 4' x 14' PIER . P · / SAFTETY FENCE ~TYP] SCALE I' - 20' BOA TING ACCESS DA TUPI: PI.S.L. 0.0 ADJACENT PROPERTY OWNER,< I. CHARLES ROBINSON 2. DOUGLAS HAISLIP 3. ,JANES NELSON 4 WA TERF:RONT CONSULTING. INC. 4698 HANOVER COURT VIRGINIA BEACH. VA 23464 PH/FAX' (757) 495-8566 LINE PIN(F) PROPOSED PRIVATE PIER% IN: i'JAN-i'IADE CANAL AT: VIRGINIA BEACH. VA APPLICATiON BY' /'lcGUIRE SHEET: 2 OF 5 DATE FEB 6. 1997 SITE :SPECIFIC5: LEGAL DESCRIPTION: LOT45.AHENDED PLAT OF:WlTCHDUCK REF: PI.B. 65 PG. 2 ~'~'-,, GPIN: 1478-96-7187-0000 -., ',, ZONING: R-40 .... SIDE SETBACK: 20' C.B.P.A. NO TES: ENTIRE PROJECT I$ IN OR SEAWARD OF THE I00' RPA BUFFER PROJECT IS WATER DEPENDENT. NO TREES TO BE II"IPACTED UNLESS NOTED. SEOUENCE OF EVENTS: I. SECURE ALL REOUIRED PERHIT$. FEDERAL. STATE AND LOCAL. 2.ERECT SAFETY FENCE FOR ACCESS WAY AND STAGING AREA. ,3. DELIVER P1ATERIAL$ TO.SITEVIA ACCESS WAY AC5 SHOWN ON PLAN VIEW. 4.CONSTRUCT PIER VIA BARGE. 5.DISPOSE OF: AL/_ CONSTRUCTION DEBRIS IN A LAWFUl_ HANNER. 6.RESTORE ALL II"IPACTED AREAS TO PRECONSTRUCTiON CONDITION AS PER TURF:GRASS SCHEDULE BELOW. 7.REt'lOVE ALL SAFETY FENCE. TURFGRASS PLANTING SPECIFICATiONS TYPE Title TO SEED ,qATE KENTUCKY-Si g/lO - 4/30 8 LBS./lO00 Si= NARROW LEAF FE$CUES g/Io - 4/30 0 LBS.~lO00 St: BERtlUDA' 5/I - g/15 2 LBS./IOOOSF i i PURPOSE: BOA TING ACCESS DA TUPI: P1.S.L. 0.0 ADJACENT PROPERTY OWNERS I. CHARLES ROBINSON 2. DOUGLAS HAISLIP ;5 JANES NELSON WA TER/::RONT CONSULTING. INC. 4698 HANOVER COURT VIRGINIA BEACH. VA 23464 PH/FAX (757) 495-8566 ! PROPOSED PRIVATE PIERS IN: NAN-/"IADE CANAL A T: VIRGINIA BEACH. VA APPLICATiON BY' t"IcGUIRE SHEET: $ OF: 5 DATE FEB 6. Igg7 PROPOSED PIER DE T^IL S SCALE I/2"- LO' I_ 8' O' t/AX CENTERS WEATHER TUFF (TYPJ HE~DER (TYP)~ ATTACH DECK. TO JOISTS WITH 16D C0/~ION NA/L (TYP! ,JOIST (TYP) ATTACH JOISTS TO PI. lNG WITH 20D COHHON NAIL (TYP) ALTERNATE JOIST BREAKS AT SEPARATE BENTS 2'x 8' ,.JOIST PER FELD LI~E. .~ ,,~ ~, >..-~'., %..,'=~ ~, .~-.,P HA TERIAL S SPECIFICA TIONS:~'~""~.,.,.,:..,,Y~',~''' PILING: C.C.A. 2.5 PCF £PIP-88] "'~~-ING: C.C.A. 0.4 PC.J:: ,rLP-22./ OR BETTER FRAPIlNG. C.C.A. Z$ PCF ,rHLP-88] HARDWARE: H.D. GALVANIZED [ASTH-AIS$] (ALL WOOD TO BE GRADE TWO OR 13ETTER) PURPOSE: BOATING ACCESS DATUPI: H.S.L. 0.0 !ADJACENT PROPERTY OWNERS I. CHARLES ROBINSON 2. DOUGLAS HAISLIP 5. JAP1ES NELSON 4. WA TERFRONT CONSULTING. 4698 HANOVER COURT VIRGINIA BEACH. VA 23464 PH/FAX: ¢757) 495-8566 PROPOSED PRIVATE PIER~ IN: t4AN-HADE CANAL AT: VIRGINIA BEACH. VA APPLICATION BY: I*IcGUIRE SHEET: 4 OF 5 DATE' FEB. 6. 1997 VICINITY HAP · '--" ' ~'~'-:, /"1 _ti ,,'¢1~,1 L:,..~ Hill Porn, ' ',~ I nl '~1 I '1. I ' ~ur~ ~ ~ POINT- ' ' - ..., .~ ,.'~ , · ~¢~ .~" t--~/- . . . ,. ., ..... ~ ,.' .r' t.,,, ,.'~'~ PURPOSE: BOATING ACCESS DA TUN: M.S.L. O.O ADJACENT PROPERTY OWNERS I. CHARLES ROBINSON 2. DOUGLAS HAISLIP 5. JAMES NELSON 4 WATERFRONT CONSULTING. /NC. 4698 HANOVER COURT VIRGINIA 8EACH VA 25464 PHIFAX f757) 495-8566 PROPOSED PRIVATE PIERS IN: MAN-MADE CANAL AT: VIRGINIA BEACH. VA APPLICATION BY: McGU/RE SHEET: 5 OF 5 DATE FEB 6. 1997 - 26 - Item V-I.3 d. RES OL UTION/ORDINANCES ITEM # 42442 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Counctl ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's drainage easement, known as Canal No. 2, by Oceana Development, L.P. re constructton and matntenance of two outfall ptpes re development of adjacent property described as "London Bridge Industrial Park IL Phase One," (L YNNHA VEN/PRINCESS ANNE BOROUGHS). 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 City of Virginia Beach and in accordance wtth the Ctty of Virginia Beach Pubhc Works Department's specifications and approval as to size, alignment and location The temporary encroachment heretn authorized ts subject to the apphcant obtatning a vartance from the Chesapeake Bay Preservation .4ct (CBP/I) Board for the said 15" RCP outfall pipes and related riprap to be located within the 50' buffer area. Further, disturbance of the banks of the City's 300' dratnage easement known as Canal No 2 which have been stabilized in vegetation by the City's Habttat Enhancement Committee must be addressed by applicant, tn coorchnatton wtth members from the Committee, tn order to mtnimtze any adverse impacts to thts restoratton activtty . The temporary encroachment shall termtnate upon notice by the Ctty of Vtrgtnia Beach to the applicant and, withm thirty (30) days after such notice is gtven, such temporary encroachments shall be removed from the City 's rtght-of-way known as Canal No. 2 by the apphcant and the apphcant shall bear all costs and expenses of removal. The apphcant shall tndemntfy and hold harmless the Ctty of Virginia Beach, tts agents and employees from and against all claims, damages, losses and expenses, tncluding reasonable attorney 's fees tn case it shall be necessary to file or defend an action artstng out of the location or existence of such temporary encroachment . No permission or authortty is gtven to the apphcant to permit the maintenance or construction of any encroachment other than that specified herein and to the hmtted extent specified herein, nor to permtt the maintenance and construction of any encroachments by anyone other than the applicant. 6 The apphcant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard The apphcant must obtain a Permit from the Development Services Center prior to commencing any construction within the City 's 300' drainage easement. August 5, 1997 27- Item V-I. 3 d. RES OL UTION/ORDINANCES ITEM # 42442 (Continued) . The applicant shall obtain and keep in force all Risk Property Insurance and General Liability or such insurance as ts deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable The applicants 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 applicants must provtde 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 responsibilittes and liabilities, vested or contingent, with relation to the temporary encroachment. . Prior to issuance of a Rtght-of-Way Permit, the applicant must post a Performance Bond The amount of the Bond shah be determined by the Department of Planning, Development Services Center (DSC~ at the time of site development plan review 10 ~4ny above-ground encroachments shall conform to the minimum setback requirements, as established by the City Traffic Engineer's Office. I1 The applicant shall submit for revtew and approval a survey of the area being encroached upon, certified by a professional engtneer and/or "as-butlt" plans of the temporary encroachment sealed by a registered professional engineer, if requtred by etther the Ctty Engineer's Office or the Engtneering Division of the Public Utilities Department. 12. The City, upon revocatton of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the appltcant and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the applicants to remove such temporary encroachment, and, pending such removal, the City may charge the applicant for the use of such portion of the City's rtght-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 applicants, and tf such removal shall not be made wtthin the time specified by the Ctty, the Ctty shall impose a penalty tn 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 compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes. Voting: I 1-0 (By ConsenO Council Members Voting ~4ye: John A. Baum, Linwood O. Branch, III, Wtlliam W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wdliam D. Sessoms, Jr. and Loutsa M. Strayhorn Counctl Members Voting Nay: None Council Members ~4bsent: None August 5, 1997 I Requested by Department of Pubhc Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE CITY'S 300' WIDE DRAINAGE EASEMENT KNOWN AS CANAL NO 2 BY OCEANA DEVELOPMENT, L P, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Oceana Development, L P, desires to construct and malntmn two 10 (2) 15" RCP outfall p~pes, approximately 120' in length each, vath related rip-rap ~nto the City's 300' drainage easement known as Canal No. 2 ~n connection w~th its development of ~ts adjacent property designated and described as "London Bridge Industrial Park II, Phase One, Lot 12" 3_4 WHEREAS, C~ty Cotmcfi is authorized pursuant to §§ 15 1-316 and 15.1-893, 15 Code of%rg~ma, 1950, as amended, to authorize a temporary encroachments upon the C~ty's right-of-way subject to such terms and conditions as Council may prescribe NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL £)F THE CITY 18 OF VIRGINIA BEACH, VIRGINIA 3_9 That pursuant to the authority and to the extent thereof contained ~n §§ 15 1-316 2 0 and 15 1-893, Code of Virginia, 1950, as amended OCEANA DEVELOPMENT, L P, ~ts 2 3_ heirs, assigns and successors in title ~s authorized to construct and mmnta~n a temporary 2 2 encroachment for the aforesmd two (2) 15" RCP drainage outfall pipes w~th related rip-rap ~n 2 3 the C~ty's 300' wide drmnage easement known as Canal No 2 as shown on those certain plats 24 entitled "SITE PLAN- LOT 12, CENTRAL DRIVE. LONDON BRIDGE EAST" and 2 5 "PLAT SHOWING ENCROACHMENT INTO CITY OF VIRGINIA BEACH DRAINAGE 2 6 EASEMENT · CANAL//2 · LOT 12, PHASE I, LONDON BRIDGE INDUSTRIAL PARK 2 7 II. LYNNHAVEN/PRINCESS ANNE BOROUGH. VIRGINIA BEACH, VIRGINIA" copies 2 8 of wMch are on file in the Department of Public Works and to wMch reference is made for a 2 9 more particular description, and 30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained ~n the Agreement between the C~ty of Virginia Beach and OCEANA DEVELOPMENT, L P, (the "Agreement") which is attached hereto and ~ncorporated by reference, and 35 BE IT FURTHER ORDAINED that the C~ty Manager or h~s authorized demgnee 3 6 ~s hereby authorized to execute the Agreement 37 BE IT FURTHER ORDAINED, that th~s Ordinance shall not be ~n effect until 38 such time as JERROLD L MILLER, President of MLJ Corp, the General Partner of 39 OCEANA DEVELOPMENT, L P and the C~ty Manager or h~s authorized demgnee execute the Agreement 41 Adopted by the Council of the C~ty of%rginla Beach, %rgima, on the 5th day of August ,1997 APPROVED AS TO CONTENTS (~/ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FOILM 2, td A O a EV CITY LOCATION MAP -- SITE SCALE =1"= 2640' SITE ! ! " .... STIHL STIHL LOC A T ION MAP ~ PROPOSED ENCROACHMENT INTO THE /CITY'S 300' DRAINAGE EASEMENT KNOWNAS CANAL NO. :P~ // ~.....---~~,,,,/~',,.'::.,~ ~,,,~'FOR /~ ~ .X>'..OCEA'N.A DEVELOPMENT, L.P.~ PREPARED BY P/W ENO, DRAFT. 7/14/97 (CENTRAL2.DGN) PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-81 i (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this / ! ~f'vJn3 day of , 19 '~ ') ., by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and OCEANA DEVELOPMENT, L P, a Virginia limited partnership, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part WITNESSETH That, WHEREAS, the party of the second part is the owner of that certain lot, tract, or parcel of land designated and described as "London Bridge Industrial Park II, Phase One, Lot 12" and being further designated and described as "GPIN 1496-68-8354", and That, WHEREAS, it is proposed by the party of the second part to construct and maintain two (2) 15" RCP outfall pipes, approximately 120' in length each, with related rip-rap to be installed in connection with the development of the above referenced lot in the City of Virginia Beach, and WHEREAS, In constructing and malntmmng such 15" RCP outfall pipes and related rip-rap, it is necessary that the said party of the second part encroach into a portion of an existing 300' wide City drainage easement known as Canal No 2, and said party of the GPIN 1496-68-8354 second part has requested that the party of the first part grant a temporary encroachment to facilitate such construction and maintenance of the aforesaid 15" RCP outfall pipes with related rip-rap within a portion of the City's 300' drainage easement known as Canal No 2 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), m 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 300' drainage easement known as Canal No 2 for the purpose of constructing and maintaining such 15" RCP outfall p~pes and related rip-rap 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 C~ty of Vlrglma Beach, and ~n accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more pamcularly described as follows, to wit An area of temporary encroachment into a portion of the City's 300' dmnage easement known as Canal No 2 as shown on that certain plat entitled "SITE PLAN. LOT 12, CENTRAL DRIVE. LONDON BRIDGE EAST" and "PLAT SHOWING ENCROACHMENT INTO CITY OF VIRGINIA BEACH DRAINAGE EASEMENT. CANAL #2. LOT 12, PHASI~ 1, LONDON BRIDGE INDUSTRIAL PARK II LYNNHAVEN/PRINCESS ANNE BOROUGH. VIRGINIA BEACH, VIRGINIA" copies of which are attached hereto as Exhibits "A" and "B" and to which reference is made for a more particular description It ~s further expressly understood and agreed that the temporary encroachment herein authorized is subject to the party of the second part obtaining a variance from the Chesapeake Bay Preservation Act (CBPA) Board for the said 15" RCP outfali pipes and related rip-rap to be located within the 50' buffer area Further, disturbance of the banks of the City's 300' drainage easement known as Canal No 2 which have been stabilized in vegetation by the City's Habitat Enhancement Committee must be addressed by the party of the second part, ~n coordlnatlon w~th members from the Committee, in order to mlmmlze any adverse impacts to this restoration actlmty It is further expressly understood and agreed that the temporary encroachment here~n authorized shall terminate upon notice by the City of V~rgima 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 300' drainage easement known as Canal No 2 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 ns further expressly understood and agreed that the party of the second part shall ~ndemnffy and hold harmless the City of Vlrg~ma Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment It ~s further expressly understood and agreed that nothing here~n contmned 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 I~mlted extent specified herein, nor to permit the mmntenance 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 malntmn smd 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 Serwces Center prior to commencing any construction within the City's 300' drainage easement It is further expressly understood and agreed that the party of the second part shall obtain and keep in force Ali Risk Property Insurance and General Liability or such insurance as is deemed necessary by the party of the first part, and all insurance pohc~es must name the party of the first part as add~t~ontil named ~nsured or loss payee, as applicable The party of the second part also agrees to carry Comprehensive General L~abfl~ty Insurance ~n an amount not less than $500,000 00, combined s~ngle hm~ts of such ~nsurance pohcy or pohcles 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 ~nsurance policies The party of the second part assumes all responsibilities and l~abfl~t~es, vested or contingent, w~th relation to the temporary encroachment It is further expressly understood and agreed that prior to ~ssuance of a R~ght of Way permit, the party of the second part must post a Performance Bond The amount of the bond shall be determined by the Department of Planning, Development Services Center (DSC) at the t~me of s~te development plan rewew It 1s further expressly understood and agreed that any above ground temporary encroachments shall conform to the m~mmum setbacks requirements, as estabhshed by the C~ty Traffic Engineer's Office It is further expressly understood and agreed that the party of the second part shall submit for rewew and approval, a survey of the area being encroached upon, cemfied by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the temporary encroachment sealed by a registered professional engineer, ~f reqmred by e~ther the C~ty Engineer's Office or the Eng~neenng Dlws~on of the Public Utilities Department It ~s 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 ~n any manner prowded by law for the collection of local or state taxes, may reqmre 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 300' drainage easement encroached upon the eqmvalent of what would be the real property tax upon the land so occupied ff it were owned by the party of the second part, and if such removal shall not be made w~th~n the t~me ordered herelnabove by th~s Agreement, the C~ty shall ~mpose a penalty m the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment ~s allowed to continue thereafter, and shall collect such compensation and penalties m any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, OCEANA DEVELOPMENT, L.P, a V~rg~ma limited partnership, has caused th~s Agreement to be executed ~n ~ts name and on itS behalf by JERROLD L MILLER, President of MLJ Corp, a Virginia corporation, ~ts General Partner, w~th due authority to b~nd smd partnership Further, that the C~ty of V~rg~nla Beach has caused th~s Agreement to be executed ~n ~ts name and on its behalf by its City Manager and ~ts seal be hereunto affixed and attested by its City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST Cay Clerk (APPROVED AS T~O CONTENT L/: ' $1O ~I~'RJRE DEPA~ME~ APPROVED AS TO LEGAL SUFFIOIENCY OCEANA DEVELOPMENT, L P, a V~rglma limited partnership By MLJ CORP, a V~rglnla corporation, General Partner · ~4' r/~ (SEAL) JERR~D L MILLER, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing ~nstrument was acknowledged before me th~s day of ,19 ,by CITY MANAGER/AUTHORIZED ,, DESIGNEE OF THE CITY MANAGER Notary Public My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t The foregmng Instrument was acknowledged before me th~s day of ,19__, by RUTH HODGES SMITH, C~ty Clerk for the CITY OF VIRGINIA BEACH Notary Public My Comm~sslon Expires ! STATE OF %'¥,- 5, ,'-' -° CITY/C-Ot0:N'I~ OF ;2- / , ~o~,~;~ , to-w~t The foregoing instrument was acknowledged before me th~s //~ day of , 19 -~ 7, by JERROLD L MILLER, President of MLJ Corp, a %rg~ma corporation, General Partner of OCEANA DEVELOPMENT, L P, a %rg~ma I~mlted partnership My Commission Expires ? Notary Publm i · ~ l : i ';...:| ,...~ · · ~g:l ~1 I T o II! [;l Ill 1 0 ® ® ® !1! I1! lit lIt tll _Ill IIt [i' Iii II1 ll~ Ill l.I Ill ,:j jjj , 11111~!H !1~ I1~ Ill Ill Ill 'Gl 'J['l '1 0 8 ', A E )~ /-/ / z~ / -/- 13 z 12 ~ 2.173 AC. ~' ~ CENTRAL DRIVE 11 GRAPHIC SCALE IN FEET 0 50 100 200 300 TIMOTHY M. FALLON LAND SURVEYING 25221 VILLA COURT APT la CARROLLTON,VIRGINIA 23314 VOICE MAIL (757) 925-6875 FAX(757) 23,8,-3,708_ BEARING DISTANCE N 04'24'08° V 15,00' S 85'35'5E° V 1EO,O0' N 04'E4'08' V PO,O0' N 85'35'5E° E 1EO,O0' N 04'E4'08° V E15,00' S 85'35'5E° V lPO,O0' N 04'P4'08' V PO,O0' N 85'35'5E° E 120,00' N 04°E4'08° V E3,61' SCALE 1'= 100 DATE: 6-20-97 PROJECT # 121ND FB - PG - _ D.B,2567 PG, 1408 l_ [ L __l I_J -- - PLAT SHOWING ENCROACHMENT INTO CITY OF VIRGINIA BEACH DRAINAGE EASEMENT CANAL #2 LOT 12. PHASE 1 LONDON BRIDGE INDUSTRIAL PARK LYNNHAVEN / PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA _ l J_ _1. 1~ I ! - 28 - Item V-I. 4. RESOL UTION/ORDINANCES ITEM # 42443 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize the City Manager execute a Release of Easement (granted 16 September 1969) to the United States Government by the City of Virginia Beach and the School Board re reconstruction, operation and maintenance of a railroad spur track to the Little Creek Amphibious Base, located adjacent to Shelton Park Elementary School (BAYSIDE BOROUGH). Voting: 11-0 (By ConsenO Council 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, Vice Mayor Wtlham D Sessoms, Jr. and Louisa M Strayhorn Council Members Vottng Nay: None Counctl Members Absent' None August 5, 1997 AN ORDINANCE APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF EASEMENT LOCATED AT THE U.S. AMPHIBIOUS BASE, LITTLE CREEK, VIRGINIA, GRANTED TO THE UNITED STATES OF AMERICA BY THE CITY OF VIRGINIA BEACH AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH WHEREAS, by Deed of Easement, dated September 16, 1969, recorded in Deed Book 1136, at page 396, and by Correction Deed of Easement dated January 23, 1970, recorded in Deed Book 1147, at page 243, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, the City of Virginia Beach and the School Board of the City of Virginia Beach, did grant and convey unto the United States of America, a perpetual easement for the reconstruction, operation and maintenance of a railroad spur track, as shown on that certain plat entitled, "Navy Railroad Easement Over Property of City of Virginia Beach, Va.," dated March 21, 1968; WHEREAS, the Department of the Navy no longer needs the easement and would like to release the easement to the City of Virginia Beach and the School Board of the City of Virginia Beach; WHEREAS, Virginia Code § 15.1-848 states that the City may accept or refuse grants of property; and WHEREAS, city staff recommends that the City accept this Release of Easement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Release of Easement is hereby approved in substantially the form attached hereto. 2. That the City Manager, or his designee, is authorized to execute the Release of Easement on behalf of the City in substantially the form attached hereto. 3. That this ordinance is in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of August ,1997. CA-6460 ORDIN~ONCODE\USA ORD R-1 PREPARED: 06/28/97 APPRQ.~VED AS TO CO~NTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL CITY ATTORNEY FILE NO. EI-0052 All correspondence pertaining to this easement should include a reference to NF(R)-8389 RELEASE OF EASEMENT THIS RELEASE OF EASEMENT, made this day of 1996, by the UNITED STATES OF AMERICA, acting by and through the Commander, Atlantic Division, Naval Facilities Engineering Command, under direction of the Secretary of the Navy, hereinafter referred to as "Grantor" to CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, and the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, hereinafter referred to as "Grantees." WITNESSETH: By Deed of Easement dated September 16, 1969, recorded in Deed Book 1136, at page 396, and Correction Deed of Easement dated January 23, 1970, recorded in Deed Book 1147, at page 243, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, the Grantees conveyed to the Grantor an easement for the reconstruction, installation, operation, and maintenance of a railroad spur track, together with the necessary rails, ties, ballast and other appurtenances, referred to as "Government Track" upon and across the following described property: Ail that certain piece or parcel of land lying and being situate in Bayside Borough of City of Virginia Beach (formerly Kempsville Magisterial District, Princess Anne County), Virginia, and being more particularly described as follows: Begitming at a pin on the west line of Bradford Road, said point being further described as Comer No. I in the Order Vesting Title in the condemnation suit filed by the United States of America in the District Court of the United States for the Eastem District of V'wginia, Norfolk Division, identified as Miscellaneous Action No. 6765, and recorded in the Clerk's Office, Circuit Court of the City of Virginia Beach, Virginia in Deed Book 210, page 398, and said Comer No. I being as shown on plat entitled, "Map Made for Naval Operating Base, Norfolk, Virginia Showing Survey of Bradford Estate and Other Lands" Page 1 of 5 recorded in aforesaid Clerk's Office in Map Book 14, page 2; thence S 56° 54' E along the boundary line of the U. S. Naval Amphibious Base, Little Creek, Virginia 27.67 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary lines S 56° 54' E 26.72 feet to a point; thence S 12° 24' 47" W 123.88 feet to a point; thence along the arc of a curve to the right with a radius of 412.50 feet, the chord of said arc bearing S 32° 03' 50" W 277.44 feet, an arc distance of 282.95 feet to a point on the right-of-way line of the Norfolk Southern Rmlway Company; thence along said right-of-way line S 74° 58' 02" W a distance of 73.99 feet to a point; thence leaving the Norfolk Southern Railway Company right-of-way line in a northerly direction along the arc of a curve to the left with a radius of 387.50 feet, the chord of said arc bearing N 37° 03' 37" E 323.20 feet, an arc distance cf 333.39 feet to a point of tangent; thence N 12° 24' 47" E 133.30 feet to the TRUE POINT OF BEGINNING, and being shown on plat entitle, "Navy Railroad Easement Over Property of City of Virginia Beach, VA." dated March 21, 1968, said plat being recorded with Correction Deed of Easement mentioned above. The Grantor determined the Easement and Correction Easement referenced above is no longer needed for the Naval Amphibious Base, Little Creek, and the Grantor wishes to release and terminate all rights the Grantor holds by virtue of the Deed of Easement and the Correction Deed of Easement reference above. In consideration of mutual benefits and other good and valuable consideration, the sufficiency of which is acknowledged by all parties, the Grantor does hereby release to the Grantees the Deed of Easement described in Deed Book 1136, at page 396, and the Correction Deed of Easement described in Deed Book 1147, at page 243. It being the intention of the Grantor to terminate such easement and release and forever quitclaim to the Grantees all rights, title and interest of the Grantor thereto. Page 2 of 5 IN WITNESS WHEREOF, the Grantor has caused this Release of Easemem to be executed as of the day and year above written by it~ proper officer, duly authorized, with their seals affixed and pursuant to a Resolution adopted by the City Council on the 5th day of August 1996, and by Re. solution duly adopted by the School Board of the City of Virginia Beach, Virginia on the day of 1996, have caused this Release of Easement to be executed by their proper officers, duly authorized, and their seal to be affixed. UNITED STATES OF AMERICA Na~e~/i]~NICE C. BRADLEY Title: ~ REAL ESTATE CONTRACTING OFFICER CITY OF VIRGINIA BEACH, VIRGINIA BY: Name: City Manager/Authorized Designee of the City Manager (SEAL) ATI'EST: Ruth Hodges Smith City Clerk Page 3 of 5 SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH BY: Name: Title: (SEAL) ATFEST: (Title) STATE OF VIRGINIA CITY OF NORFOLK, to-wit The foregoing insmanent was acknowledged before me this 24th day of APRIL 1996, by $ANICE C, BRADLEY. R~al Estate Contracting Officer on behalf of the Unites Staies of PATRICIA MOORE HANKINS (Notary) My commission expires ~50 JUNE 1997 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this day of 1996, by City Manager/Authorized Designee of the City Manager, on behalf of the City of Virginia Beach, Virginia. My commission expires (Notary) Page 4 of 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this day of 1996, by RUTH HODGES SMITH, City Clerk on behalf of the City of Virginia Beach. My ~ission expires (Notary) Page 5 of 5 .0 0 · © C SHELTON MAP OF 0 0 0 . 0o ELEMENTARY GPIN: 1479-05-7059 ACREAGE: II. 96 CITY OF VIRGINIA BEACH, VIRGINIA DECEMBER 5, 1988 BAYS/DE BOROUGH /": 200' - 29 - Item V-I.$. RES OL UTION/ORDINANCES ITEM # 42444 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED: CER TIFICA TES OF PUBLIC CONVENIENCE AND NECESSITY FOR-HIRE VEHICLES: Land Yachts, L.L. C. Nick's Limoustnes Weddle Antique Limousine Service, Inc. TAXICABS' Beach Taxi, Inc. James Taxi Service Yellow Cab of Virginia Beach Voting: 11-0 (By Consent) Councd Members Voting Aye John A Baum, Linwood 0 Branch, III, Wdham W. Harrtson, Jr, Harold Hetschober, 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 Councd Members Voting Nay None Council Members Absent' None August 5, 1997 - 30- Item V-I. 6. RES OL UTION/ORDINANCES ITEM # 42445 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED: Ordinances to authorize: Tax Refunds $21,765.04 Ltcense Refunds $ 4,209. 75 Voting: 11-0 (By ConsenO Council Members Vottng Aye John ~4 Baum, Ltnwood 0 Branch, III, William W. Harrtson, Jr, Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndor~, Nancy K Parker, Vice Mayor Wtlliam D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay' None Council Members .4bsent: None .4ugust 5, 1997 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 Harry R. Purkey Jr. Attorney Edith Wilder & Grace Ponton First Union Mortgage Corp. Miguel J. & Cynthia Arsuage Miguel J. & Cynthia Arsuage Knight, Dudley and Clarke Knight, Dudley and Clarke First Union Mortgage Corp. First Union Mortgage Corp. First Union Mortgage Corp. First Union Mortgage Corp. Walter D. & Haroldine Robbins Walter D. & Haroldine Robb~ns Walter D. & Haroldine Robbins Walter D. & Haroldine Robbins Walter D. & Haroldine Robbins Walter D. & Haroldine Robbins Walter D. & Haroldine Robbins Walter D. & Haroldine Robbins C.R. & Linda Faye Russell Grace C. Bourne Jessie Etheridge et al Robin Ford 97 RE(2/2) RB#1908 01/28/97 97 RE(2/2) RB#1908 01/28/97 97 RE(2/2) RB#1908 01/28/97 97 RE(2/2) RB#1908 01/28/97 97 RE(2/2) RB#1908 01/28/97 97 RE(2/2) RB#1908 01/28/97 97 RE(2/2) 137749-0 06/03/97 97 RE(2/2) 137746-3 06/05/97 97 RE(l/2) 003625-3 11/18/96 97 RE(2/2) 003625-3 05/19/97 97 RE(l/2) 135993-7 12/05/96 97 RE(l/2) 135994-6 12/05/96 97 RE(1/2) 073087-7 11/18/96 97 RE(2/2) 073087-7 05/19/97 96 RE(l/2) 016575-6 11/24/95 96 RE(2/2) 016575-6 05/17/96 97 RE(l/2) 102244-4 12/05/96 97 RE(2/2) 102244-4 05/21/97 94 RE(1/2) 098669-3 12/05/93 94 RE(2/2) 098669-3 06/05/94 95 RE(l/2) 099539-8 11/18/94 95 RE(2/2) 099539-8 05/24/95 96 RE(l/2) 101050-0 12/05/95 96 RE(2/2) 101050-0 06/05/96 97 RE(2/2) 030468-6 05/22/97 N/A PKNG 508194 06/16/97 97 RE(l/2) 036741-2 02/06/97 97 RE(2/2) 0~6740-3 05/23/97 2505.84 4664.72 4418.17 3236.00 2513.48 2423.10 641.74 817.76 12.20 12.20 6.51 6.75 40.65 40.65 11.88 11.88 2.75 2.75 2.57 2.57 2.57 2.57 2.68 2.68 30O. O7 15.00 21.38 43.92 Total 21,765.04 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the C~ty of V~rg~nia Beach on the 5t:h_day of Aug.asr. 19.97 Ruth Hodges Smith C~ty Clerk Cerl Johr Appr~ ~~ ,~as to paymer~; ~.'Al~lnson, ~a~ u r er 'ved as to form. Leshe L Ldley, C~t~, FOI~IM NO CA I~R~V 31~ 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 hcense refunds, upon certificahon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Accuspec Incorporated 2308 Kenstock Dr~ve Va Beach VA 23454 Bazon-Cox & Associates Inc 230 Clearfleld Ave s-126 Va Beach VA 23462 Dorn, Mart~n G 1563 Sword Dancer Dr~ve Va Beach VA 23454 Famdy Magic Adv Of Va Bch Inc 108 Atlantic Ave Va Beach VA 23451 1996-97 Aud ~t 18 00 18 00 1995-96 Audit 1,159 00 1,159 00 1995 Audit 42 00 42 00 1995-97 Audit Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $1,502 29 5th of the C~ty of V~rg~n~a Beach on the 283 29 283 29 Cerhhed as to Payment /~C~--'"Robert P V~'ugha. a.a.a~--'f Comm~smoner el[the'Revenue Approved as to form 'E~sl~e L L,II~---~ C~ty Attorney were approved by the Council day of August ,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 hcense refunds, upon certihcat~on of the Comm~smoner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL George Mason Mortgage Corporation 4035 R~dge Top Road S-100 1995-97 Fa~rfax VA 22030 Hensel Phelps Construction Co 4515 Daly D~rve S-A Chantdly VA 20151-3712 Audit 833 65 H~gh, R~chard ESr 841 Juniper Cres S-112 Chesapeake VA 23320 1997 01-06-97 1,513 00 Joy of Education Inc (The) P O Box 6286 Va Beach VA 23456 1995 Audit 23 92 1997 05-19-97 45 00 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $2,415 57 of the C~ty of V,rg~n~a Beach on the _5th 833 65 1,513 O0 23 92 45 00 Certified as to Payment /---~obert P Va~ghan Commismoner of the Revenue Approved as to form ~'~sl~ L LilleT City Attorney were approved by the Councd day of August ,1 9 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 apphcations for license refunds, upon certification of the Comm~smoner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Mountain Rentals, Inc 1700 Cathenne Court Va Beach VA 23454 Nabonal Record Mart Inc 507 Forest Ave Bx 2003 Carnegie PA 15106 V~v,nto, James M 166 Holland Dnve Va Beach VA 23462 1995-96 Audit 1 O7 24 1996 Audit 174 08 1994-96 Audit 10 57 107 24 174 O8 10 57 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $291 89 of the C~ty of V~rg~n~a Beach on the 5th Certified as to Payment ---'Robert P Vaughan ,~/ Comm~smoner of the Revenue Approved as to form O~ty Attorney were approved by the Council day of August ,19 97 Ruth Hodges Smith City Clerk - 31 - Item V-K. 1. NE W BUSlNESS ITEM # 42446 BY CONSENSUS, City Council ACCEPTED B Y CONSENSUS: ABSTRACT OF LEGAL CASES RESOLVED- JULY 1997 August 5, 1997 - 32 - Item V-L.I. RECESS INTO EXECUTIVE SESSION ITEM # 42447 Mayor Meyera E Oberndo~ entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the followmg purpose: PERSONNEL MA TTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignatton of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). ~4ppointments - Boards and Commissions: ~4rts and Humanities Commission Development ~4uthority PUBLICLY-HELD PROPERTY Discussion or consideration of the conchtion, acqutsition, or use of real property for public purpose, or of the chsposttton of pubhcly-heM property, or of plans for the future of an tnstitution which could affect the value of property owned or desirable for ownershtp by such tnstitution pursuant to Sectton 2 1-344(A)(3). Vtrginta Beach Borough Upon motion by Vtce Mayor Sessoms, seconded by Counctl Lady Strayhorn, City Counctl voted to proceed into EXECUTIVE SESSION (2:12 P.M.). Voting. 11-0 Council Members Vottng Aye' John ~4 Baum, Ltnwood 0 Branch, III, Wilham W Harrtson, Jr., HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr. and Louisa M Strayhorn Council Members Vottng Nay' None Council Members Absent: None August 5, 1997 - 33 - ITEM # 42448 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the City Council Conference Room, Ctty Hall Building, on Tuesday, August 5, 1997, at 2'58 P.M. Council Members Present. John A Baum, Linwood 0 Branch, Ill, William W. Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr. and Loutsa M Strayhorn Council Members Absent: None August 5, 1997 - 34 - Item CER TIFICA TION OF EXE C UTI VE SESSION ITEM # 42449 Upon motton by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public bustness matters lawfully exempted from Open Meettng requirements by Virginta law were dtscussed in Executive Sesston to which this certt, fication resolution apphes; AND, Only such pubhc business matters as were identified tn the motton convening the Executive Session were heard, discussed or constdered by Virginta Beach City Counctl Voting: 11-0' Counctl Members Voting Aye. John A Baum, Linwood O. Branch, II[, William W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr. and Louisa M Strayhorn Council Members Vottng Nay: None Council Members Absent. None *Verbal Vote August 5, 1997 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 # 42447 Page No. 32 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Hodges Smith, CMC/AAE City Clerk August 5, 1997 - 35 - Item V-N. ADJOURNMENT ITEM # 42450 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3 O0 P.M. Beverly 0 Hooks, CMC/AAE Chief Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor City of Vtrgima Beach Virginia August 5, 1997