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JANUARY 13, 1986 MINUTES M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G VIRGINIA BEACH BOULEVARD PROJECT 12:30 January 13, 1986 The BRIEFING was called to order by Mayor Harold Heischober in the Conference Room on January 13, 1986, at 12:30 P.M. The City Manager introduced C. Oral Lambert, Jr., Director of Public Works, who introduced Al Nash, District Engineer for the Department of Highways and Transportation. Mr. Nash outlined the three (3) major construction steps entailing the VIRGINIA BFACH BOULEVARD PROJECT. Phase 1 This phase shall be the section from Rosemont Road through Independence Boulevard to Witchduck Road. Phase 2 This phase shall commence from the east end of the above project and running to Farmington Road. Phase 3 This phase would commence at Witchduck and go to the Norfolk City Limits. Approximately mid-1990 all of these phases should be completed with an eight-lane facility including a number of duel left-turn lanes. Each project will be constructed in approximately an 18- to 21-month period of time. At the completion of one project, the next will commence. Traffic signals will be phased throughout the total project. The existing signals will remain in use until such time as the new roadway requires switching traffic. Bids are to be received in the State's Central Office on January 22, 1986. If the BIDS are within the Engineering Estimates, a Contract should be awarded within approximately thirty (30) days. In that thirty-day period of time the City-State Agreement will be forwarded to the City Manager for review. Mr. Nash outlined the portion in the first phase affecting Thalia Creek. This particular section is the most complicated and will be the longest in duration. There are actually five sections to be constructed in the first project. Because of having to rebuild the bridge and the traffic handling, this section will be the longest in duration. Paul Blanchard, Designer of the Project, assisted by Ed Griffin, District Design Engineer, explained the color sequences on the charts displaying the various projects as well as the cross sections of each. Forty-nine feet of pavement is on each side separated by a 28-foot median, which is wider than normally used in Urban areas. This is necessary to provide for the duel left-turn lanes through there. There shall be four twelve-foot traffic lanes in each direction. "WORLD'S LARGEST RESORT CITY" Crry COUNCIL MA YOR HAROLD AWSCHOBEX At UM. VICE-MAYOR RFBA S. MCLANAN, P-... A- @h JORN A. RAUM, M.@@ @k NANCY A. CREECH. At L-g. RO@TE @SS, V@B-h@k @RA M. RENLEY, P.." B-gh H. JACK JFNNINGS, JR.. LY.."- @h LOUIS R. JO@ B.Y@ @k ROBERTO. JONES. At L-9. J HENRY M@COY. JR., K-P.@ B-gh M@ E. O@RF, At L-9- 281 CrrY HALL BUILDING RU7'H HODGES smrrm, CMC, Ctv Cl-k MTWIC)PAL CENTER CITY COUNCIL AGENDA VIRGINIA MACH, VIRGJ7VIA 2.US6.9= [80414$7-4= January 13, 1986 Virginia Beach City Council BRIEFING - Conference Room - 12:30 PM Virginia Beach Boulevard Project Presentation by State Highway Department ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 AM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM 11. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATION: Reverend Dorsol S. Moyers Saint John's Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTFRS F. PROCLAMATION 1. Community College Week - January 19-25, 1986 G. PRESENTATION 1. Per Cent for the Arts: Mr. Andrew S. Fine, Chairman Virginia Beach Arts and Humanities Commission H. MINUTES 1. Motion to accept/approve the Minutes of January 6, 1986 I. PLANNING BY CONSENT 1. Application of Elser C. a-ad Dorothy W. Blake and Elaine C. Parker for a change of zoning from R-5 Residential District to A-2 Apartment District located at 2337 Pleasure House Road (Bayside Boro gh). Recommendation: APPROVAL 2. Application of Edward L. and Elizabeth M. Bowdoin for changes of zoning on property located on the south side of London Bridge Road beginning at a point 3432 feet, more or less, west of General Booth Boulevard (Princess Anne Borough): From R-3 Residential District to R-5 Residential District; From AG-1 Agricultural District to R-5 Residential District; AND, From AG-2 Agricultural District to R-5 Residential District. Recommendation: APPROVAL 3. Application of Welch Industries, Inc., t/a Welch Camper Center for a conditional use permit for a contractor's storage yard Tocated at 3757 Bonney Road (Kempsville Borough). Recommendation: APPROVAL 4. Application of James N. Hall Associates for a conditional use permit for gasoline pumps in conjunction with a convenience store located on the west side of Rosemont Road, south of Hilber Street (Lynnhaven Borough). Recommendation: APPROVAL 5. Application of Exxon Corporation for a conditional use permit for an automobile service station Tocated at 3100 Atlantic Avenue (Virginia Beach Borough). Recommendation: APPROVAL J. PLANNING 1. Ordinance closiig, vacating and discontinuing a portion of Holly Avenue in the petition of South Bay (Lynnhaven Borough). Recommendation: APPROVAL 2. Ordinance closing, vacating and discontinuing a portion of Jade Street and Cape Henry Avenue in the petition of Jade Street Associates (Lynnhaven Borough). Recommendation: DENIAL 3. Application of Kimmell Automotive t/a Tread Quarters for a conditional use permit for the installation of tires and tire service located at 628 Independence Boulevard (Bayside Borough). Recommendation: APPROVAL 4. Application of Seniou Nmn Ramus for a conditional use permit for a contractor vehicle parking lot located on the northwest side of Shell Road, southwest of the intersection of Shell Road and Bayside Road (Bayside Borough). Recommendation: APPROVAL 5. Application of Southland Corporation for change of zoning from I-I Light Industrial District to B-2 Community- Business District located at 264 S. Newtown Road (Bayside Borough). Recommendation: APPROVAL 6. Application of Carl J. Ward for a change of zoning from R-8 Residential District to A-3 Apartment District located at 4700 and 4704 HoIlTs Road (Bayside Borough). Recommendation: DENILAL K. ORDINANCE 1. Ordinance to amend and reordain Section 6-111 of the Code of the City of Virginia Beach, Virginia, pertaining to Operation of 14otor Boats and NO WAKE Zones. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by orte motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Construction Agreeinents: a. Independence Boulevard from Bruckner Boulevard to Princess Anne Road. b. Bruckner Boulevard to Rosemont Road. 2. Ordinance authorizing certain events conducted on City property to be exempt from the Prohibition from Working or Transaetiug Business on Sunday. 3. Ordinance upon SECOND READING to accept and appropriate $150,000 from the Commission of Game and Inland Fisheries for the renovation of Owls Creek Boat Ramp. 4. FINAL APPROVAL of Ordinance closing, vacating and discontinuing a portion of Old Holland Road in the petition of Larry and Kathryn Reiter. 5. Raffle Permit: Bayside Junior High School Band Parents Association 6. Ordinance authorizing License Refunds in the amount of $4,220.63 M. UNFINISHED BUSINESS N. NEW BUSINESS 1. Mobile Vending at Oceanfront: Presentation by Michael J. Barrett, Assistant to the City Manager for Resort Activities 2. Police Firing Range: Presentation by Police Chief Wall 0. ADJOURNMENT - 12 - Item II-H. I MINUTES ITEM # 24934 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED the Correction to the Minutes of January 13, 1986: Page 22 - ITEM # 24796 - Item II-J.6 ORDINANCE UPON APPLICATION OF CARL J. WARD FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 to A-3* Z01861055 Condition Number I shall correctly read as follows: 1. *A deed restriction of 16 units per-acre total shall be submitted. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 2 - B R I E F I N G (Continued) Mr. J. C. Cleveland, Assistant District Engineer, outlined the provisions of the contract. Prior to any work commencing, the contractor must schedule a detailed meeting with adjacent property owners concerning the phasing of the project. At the beginning of each phase, a meeting must also be held to discuss in detail the sequence of construction for that particular phase. Work involving changing of Traffic Signals shall be done from 12:00 A.M. to 6:00 A.M. when traffic shall be at a minimum. There is a provision stipulated in the contract, a fixed time date. If the contractor should extend beyond this fixed date, he will be assessed a $1000 a day penalty. As an encouragement, there will also be a "bonus clause" that if the contractor should complete the work prior to this date, he will receive a $1,000 a day for each day finished earlier. Also contained in the contract, are allowable circumstances for extensions of time. The contractor is required to keep two 11-foot lanes in each direction open at all times. There will be some work that will require certain lane closures. If the lane closure can be kept to two hours, one of the lanes may be closed from 9:00 A.M. to 3:00 P.M. - Monday through Friday. If the lane closure exceeds two hours, the lane closure will only be allowed from Midnight to 5:00 A.M. There wil be no lane closures during the peak Holiday Season. South Thalia Drive will be closed to thru-traffic for a maximum of thirty (30) days and South Thalia will be widened. There will be an Inspector hired by the City who will be observing the Project and report back to the City Administration any problems that arise. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 13, 1986 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Monday, January 13, 1986, at 1:15 P.M. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: None - 4 - ITEM # 24780 Mayor Heischober entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 5 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL January 13, 1986 2:10 P.M. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, January 13, 1986, at 2:10 P.M. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Dorsol S. Moyers Saint John's Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 6 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 ITEM # 24781 Councilman Jennings referenced a Resolutlon directing the City Manager and the City Attorney to investigate and to report to the City Council their findings concerning the manner and method of disposing of the City right-of-way acquired for OLD DONATION PARKWAY. Councilman Jennings had referenced this Resolution last week, January 6, 1986, and requested same to be included in today's AGENDA. As same was omitted, it will be placed as an ADD-ON under UNFINISHED BUSINESS 7 Item II-F.1 PROCLAMATION ITEM 24782 Mayor Heischober PROCLAIMED the week of January 19-25, 1986, as: COMMTY COLLEGE WEEK This PROCLAMATION was accepted by Dr. Pass, Dr. LaBouve and Dr. E. T. Buchanan. This PROCLAMATION recognized the contribution made by Tidewater Community College as serving the region since 1968 and providing accessible, low cost, post secondary educational opportunities to the City of Virginia Beach. January 13, 1986 - 7a - 46 riartam;attjott WHEREAS, the very concept of community colleges was conceived by a Virginian, Thomas Jefferson, who sought to better educate the people and enable them to protect their newly gained rights by creating institutions of higher learning within a day's horseback ride; and WHEREAS, in 1966 the Virginia State Legislature created the Department of and State Board for the establishment and maintenance of a state-wide system of comprehen- sive corununity colleges; and WHEREAS, the 23 community colleges in the system make available a wide range of programs and services to every citizen in Virginia at minimal cost; and WHEREAS, these institutions have provided hundreds of thousands of Virginians with the skills needed for good jobs, college transfer courses, counseling services and a variety of cultural services, serving more than 250,000 citizens each year; and WHEREAS, it is appropriate that the people of Virginia recognize the contributions of their community colleges, support these institutions, and promote public awareness of the services available to our citizens; and WHEREAS, Tidewater Community College has served the region since 1968, providing accessible, low cost, post secondary educational opportunities to citizens of the City of Virginia Beach; NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim the week of January 19-25, 1986 as COMMUNITY COLLEGE WEEK in the City of Virginia Beach and commend TCC for its outstanding service to the citizens of our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach to be affixed this thirteenth day of January, nineteen hundred and eighty-six. Harold Heischober Mayor January 13, 1986 8 Item II-G.1 PRESENTATION ITEM 24783 Dr. Andrew S. Fine, Chairman of the Arts and Humanities Commision, presented a proposal for PER CENT FOR THE ARTS The PER CENT FOR THE ARTS program would require that a specified percentage (1%) of the total estimated cost of a municipal capital improvement construction project for municipal buildings, parks and recreation (but not streets, highways, schools, or public utilities) be set aside to commission or to purchase art work for incorporation in public buildings, facilities, and spaces. The program would be administered for the Council by the ARTS AND HUMANITIES COMMISSION. It is estimated that the program would entail approximately $150,000 per year. On October 8, 1986, the Virginia Beach Arts and Humanities Commission unanimously adopted a Resolution in support of the creation of the program entitled: PER CENT FOR THE ARTS. Research pertaining to PER CENT FOR THE ARTS and Resolution ADOPTED by the ARTS AND HUMANITIES COMMISSION is hereby made a part of the record. BY CONSENSUS, the City Council AUTHORIZED the City Manager to draft an Ordinance concerning same and hold a WORKSHOP for discussion of various funding sources and fiscal impact references. January 13,1986 9 Item II-H.1 MINUTES ITEM 24784 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPROVED the MINUTES of January 6, 1986. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 10 - Item 11-I. PLANNING BY CONSENT ITEM # 24785 Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City Council APPROVED in ONE MOTION Items II-I.1, 2, 4 and 5 of the PLANNING BY CONSENT AGENDA. Item II-I.3 was voted upon separately. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 13, 1986 Item II-I.1 PLANNING BY CONSENT ITEM 24786 Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of Elmer C. and Dorothy W. Blake and Elaine C. Parker for a Change of Zoning: ORDINANCE UPON APPLICATION OF ELMER C. & DOROTHY W. BLAKE AND ELAINE C. PARKER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 to A-2 Z01861050 BAYSIDE BOROUGH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Elmer C. & Dorothy W. Blake and Elaine C. Parker for a Change of Zoning District Classification from R-5 Residential District to A-2 Apartment District on the west side of Pleasure House Road, 400 feet south of Brigadoon Drive on Lot 21, Chesapeake Beach. Said parcel is located at 2337 Pleasure House Road and contains 32,975 square feet. Prior to the changing of the official zoning maps, the following requirements shall be met: A 5-foot dedication of right-of-way along the frontage on Pleasure House Road, 30 feet from the centerline of the old 50-foot right-of-way to provide for an ultimate 60-foot right-of-way, as per the Master Street and Highway Plan. With further development of the site, the following shall be required: Standard rigbt-of-way improvements are to include pavement widening, curb and gutter, sidewalk, and drainage facilities to be constructed along Pleasure House Road. The OWNER OR LEGAL REPRESENTATIVE for the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of January, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. Mcclanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: - Ila - STATEMENT OF CONSENT APPLICANT: Elmer C. and Dorothy W. Blake and Elaine C. Parker APPLICATION: Change of Zoning District Classification DESCRIPTION: R-5 Residential District to A-2 Apartment District CITY COUNCIL SESSION: January 13, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), RAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMENDED BY THE VIRGINIA BEACH PLANNING COMKISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. A 5-foot dedication of right-of-way along the frontage on Pleasure House Road, 30 feet from the centerline of the old 50-foot right-of-way to provide for an ultimate 60-foot right-of-way, as per the Master Street and Highway Plan. 2. With further development of the site, the following will be required: Standard right-of-way improvements are to include pavement widening, curb and gutter, sidewalk, and drainage facilities to be constructed along Pleasure House Road. Mner By: 9 t Date: - 12 - Item II-I.2. PLANNING BY CONSENT ITEM # 24787 Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City Council ADOPTED Ordinances upon applicaton of EDWARD L. AND ELIZABETH M. BOWDOIN for Changes of Zoning: ORDINANCE UPON APPLICATION OF EDWARD L. AND ELIZABETH M. BOWDOIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO R-5 Z01861051 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Edward L. & Elizabeth M. Bowdoin for a Change of Zoning District Classification from R-3 Residential District to R-5 Residential District on certain property located on the south side of London Bridge Road beginning at a point 3432 feet more or less west of General Booth Boulevard. Said parcel contains 4.798 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF EDWARD L. & ELIZABETH M. BOWDOIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-5 Z01861052 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Edward L.& Elizabeth M. Bowdoin for a Change of Zoning District Classification from AG-1 Agricultural District to R-5 Residential District on certain property located 600 feet south of London Bridge Road beginning at a point 3432 feet more or less west of General Booth Boulevard. Said parcel contains 4.248 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF EDWARD L. & ELIZABETH M. BOWDOIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-5 Z01861053 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Edward L. & Elizabeth M. Bowdoin for a Change of Zoning District Classification from AG-2 Agricultural District to R-5 Residential District on certain proeprty located 350 feet more or less south of London Bridge Road beginning at a point 3432 feet more or less west of General Booth Boulevard. Said parcel contains 1.506 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. January 13, 1986 - 13 - Item II-1.2 PLANNING BY CONSENT ITEM # 24787 (Continued) The following conditions shall be required: 1. The applicant has voluntarily agreed that a noise disclosure statement shall be given to each purchaser and tenant. Prior to the changing of the official zoning maps, the following requirement shall be met: A dedication of right-of-way along the frontage on London Bridge Road to match the alignment on file in Public Works/Engineering Division right-of-way as per the Master Street and Highway Plan. The OWNER OR LEGAL REPRESENTATIVE for tbe Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of January, Nineteen Hundred and Eight-six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 13a - STATEMENT OF CONSENT APPLICANT: Edward L. and Elizabeth M. Bowdoin APPLICATION: Change of Zoning District Classification DESCRIPTION: R-3 Residential District to R-5 Residential District AG-1 Agricultural District to R-5 Residential District AG-2 Agricultural District to R-5 Reside,itial District CITY COUNCIL SESSION: January 13, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING HAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. The applicant has voluntarily agreed that a noise disclosure statement will be given to each purchaser and tenant. 2. A dedication of right-of-way along the frontage on London Bridge Road to match the alignment on file in Public Works/Engineering Division right-of-way as per the Master Street and Highway Plan. Owner By: Date: 14 - Item II-I.3 PLANNING ITEM # 24788 M.R.Welch, the applicant, represented himself Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon appliction of WELCH INDUSTRIES, INC. T/A WELCH CA14PER CENTER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WELCH INDUSTRIES, INC., T/A WELCH CAMPER CENTER FOR A CONDITIONAL USE PERMIT R0186804 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Welch Industries, Inc., T/A Welch Camper Center for a Conditional Use Permit for a contractor's storage yard on the east side of Chestnut Avenue, 173.18 feet south of Bonney Road on Lots 8-19, Block A as shown on the plat entitled "The Rosemont Corporation, being a part of Jacksondale" and the northern 25 feet of the closed portion of Second Street. Said parcel is located at 3757 Bonney Road and contains 1.04 acres. KEMPSVILLE BOROUGH. Subject to Site Plan Review, the following condition shall be required: Standard right-of-way improvements along Chestnut Avenue to include pavement widening, curb, gutter, sidewalk and drainage facilities, to be determined at the time of final plat review. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of January, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 15 - Item II-I.4. PLANNING BY CONSENT ITEM # 24789 Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of JAMES N. RALL ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JAMES N. HALL ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR GASOLINE PUMPS IN CONJUNCTION WITH A CONVENIENCE STORE R0186805 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of James N. Hall Associates for a Conditional Use Permit for gasoline pumps in c njunction with a convenience store on certain property located on the west side of Rosemont Road, 300 feet more or less south of Hilber Street. Said parcel contains 28,923.84 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Public restrooms are required. The OWNER OR LEGAL REPRESENTATIVE for the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of January, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 15a - STATEMENT OF CONSENT APPLICA,NT: James N. Hall Associates APPLICATION: Conditional Use Permit DESCRIPTION: Gasoline Pumps in conjunction with a Convenience Store CITY COUNCIL SESSION: January 13, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Public restroom requirement. Owner By: Owner/Att-@ney/Agent Date: - 16 - Itern II-I.5 PLANNING BY CONSENT ITEM # 24790 Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of EXXON CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EXXON CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION R0186806 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Exxon Corporation for a Conditional Use Permit for an automobile service station at the northwest corner of Atlantic Avenue and Laskin Road and Lots 1 and 2 and the southern 40 feet of Lots 6-8, block 75, Virginia Beach Development Co., Map #3. Said parcel is located at 3100 Atlantic Avenue and contains 20,000 square feet. VIRGINIA BEACH BOROUGH. The following condition shall be required: 1. Public restrooms are required. The OWNER OR LEGAL REPRESENTATIVE for the Owner, has reviewed the condition for approval and signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of January, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 16a - STATEMENT OF CONSENT APPLICANT: Exxon Corporation APPLICATION: Conditional Use Permit DESCRIPTION: Automobile Service Station CITY COUNCIL SESSION: January 13, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMt4ENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Public restroom requirement. ',,,@owner By: Owner/Attor@y, Date: Janaury 13, 1986 - 17 - Item II-J.1 PLANNING ITEM # 24791 Attorney David A. Miller, Jr., represented the applicant The following spoke in OPPOSITION: Alfonso J. Strazzullo, Sand Pine Resident Bernie J. Kania, Sand Pine Resident Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED an Ordinance closing, vacating and discontinuing a portion of Holly Avenue in the petition of SOUTH BAY, subject to FINAL APPROVAL witt7in 180 days. Application of Associates of South Bay for the discontinuance, closure and abandonment of a portion of Holly Avenue beginning at the eastern boundary of Jade Street and running a distance of 167.04 feet along the southern boundary of Lot 15, Block 8, Lynnhaven Shores. Said parcel is 25 feet in width and contains 4,180.75 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Resubdivision of the property to incorporate the closed area into the adjoining parcel to avoid the creation of a nonconforming lot. Construction shall be limited to 2-story structures within the 25-foot parcel. 2. Landscaping along the southern boundary of the area proposed for closure to provide screening, tree line buffer (pines) which will eventually reach a growth of 25-feet, for the single-family residences located to the south. The proposed landscaping shall be approved by the City's Landscape Services Division. 3. The present ditch that runs parallel to Cape Henry Drive shall be retained as a Dry Retention System only. 4. Closure of this right-of-way shall be contingent upon the compliance with the above stated conditions within 180 days of the approval by City Council. Voting: 8-3 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: None 17a ORDINANCE NO. AN ORDINANCE CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET 25 FEET WIDE KNOWN AS HOLLY AVENUE LOCATED IN LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that Associates of SOUTH BAY, INC., a Virginia corporation, would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereandafter described portion of that certain undeveloped street, 25 feet wide, known as Holly Avenue closed, vacated, and discontinued was duly advertised; and WHEREAS, the Petitioner as owning the underlying fee to said street which is affected by its closure, has requested that said street be closed; and WHEREAS, application was made to the City Planning Commission and to the City Council, and, pursuant to the statues in such cases made and provided, the Council appointed Viewers who have reported to the Council that no inconveniences to the public or to the private individuals would result from such closings, vacating and discontinuance; and WHEREAS, it is the judgment of the Council that the said street should be closed, vacated and discontinued. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the said undeveloped street 25 feet wide known as Holly Avenue described below, located in the Lynnhaven .110 ..... .1 January 13, 1986 - 17b - Borough in the City of Virginia Beach, Virgin@ia, is hereby closed, vacated, and discontinued, said street not being needed for public use: ALL OF THAT certain parcel of land, located immediately north of the old Norfolk and Southern Railroad right of way and immediately east of 10th Street (now Jade Street) and immediately south of Lot 15 in Block 8, all as shown on the Plat of Lynnhaven Shores, which plat is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, at Page 167, and being more particularly bounded and described as follows: BEGINNING at the southeast corner of the above-described Lot 15, in Block 8, as shown on the aforesaid Plat of Lynnhaven Shores and from said point of beginning running south 09055120" east a distance of 25.00 feet along the boundary line separating the land herein conveyed from the land previously conveyed by Windsor Investors, Ltd., a Virginia corporation, to Lynn Beach Associates, II by deed recorded in Deed Book 2357, at Page 1814, in the Clerk's Office aforesaid, to apoint located in the north right of way line of the above-described old Norfolk and Southern Railroad right of way; thence turning and running south 79041100' west, along the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way, a distance of 166.87 feet to a point located in the above described north right of way of the aforesaid old Norfolk and Southern Railroad right of way; thence turning and running north 10019100" west a distance of 25.00 feet to a point which is the southwest corner of the above-described Lot 15, in Block 8, as shown on the Plat of Lynnhaven Shores; thence turning and running north 79*41100" east along the south boundary line of the above described Lot 15, in Block 8, as shown on the aforesaid Plat of Lynnhaven Shores a distance of 167.04 feet to the point and place of beginning of the -2- 17c - description of the land conveyed herein and being shown as 'Holly Avenue (251 R/W) (undeveloped)" on the attached physical survey. Section 2. A copy of this ordinance, certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Section 3. That this ordinance shall be effective APPROVED: January 13, 1986 -3- - 18 - Item II-J.2 PLANNING ITEM # 24792 Bob Sutherland, General Partner, represented the applicant and requested DEFERRAL to enable the applicant to meet with the Lynnhaven Colony Civic League to address concerns. Plat and letters to the City Council, John Herzke and the Lynnhaven Colony Civic League are hereby made a part of the record. The following registered to speak but had no OPPOSITION to said DEFERRArl. Alfonso J. Strazzullo, Sand Pine Resident Bernie J. Kania, Sand Pine Resident Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council DEF@ for thirty (30) days until the City Council Meeting of February 18, 1986, the Ordinance closing, vacating and discontinuing a portion of Jade Street and Cape Henry Avenue in the petition of JADE STREET ASSOCIATES: Application of Jade Street Associates for the discontinuance, closure and abandonment of portions of Jade Street and Cape Henry Drive as follows: Jade Street: Beginning at the northern boundary of Cape Henry Drive and running in a northerly direction a distance of 168.52 feet along the eastern boundary. Cape Henry Drive: Beginning at the southern boundary of Jade Street and running in a southerly direction a distance of 25 feet. Said parcels are 60 feet in width and contain 11,415.6 square feet. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones - 19 - Item II-J.3 PLANNING ITEM # 24793 Julian Keith represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of KIMMELL AUTOMOTIVE t/a TREAD QUARTERS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KIr4MELL AUTOMOTIVE, T/A TREAD QUARTERS FOR A CONDITIONAL USE PERMIT R0186807 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kimmell Automotive, T/A Tread Quarters for a Conditional Use Permit for the installation of tires and tire service at the northeast corner of Independence Boulevard and Constitution Drive on Parcel P, Block 33, Pembroke Manor. Said parcel is located at 628 Independence Boulevard and contains 28,401 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. A 5-foot dedication, witbin 90 days, along the frontage on Independence Boulevard, 55 feet from the centerline of the old 100-foot right-of-way to provide for an ultimate 110-foot right-of-way as per the Master Street and Highway Plan. 2. There shall be no continuing outside storage of tires. 3. Adequate buffering which shall be determined by the administrative staff. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of January, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None 20 - Item II-J.4 PLANNING ITEM 24794 Attorney Grover Wright represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of SEMION NMN RAMUS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SEMION NMN RAMUS FOR A CONDITIONAL USE PERMIT FOR A CONTRACTOR VEHICLE PARKING LOT R0186808 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Semion Nmn Ramum for a Conditional use Permit for a contractor vehicle parking lot on certain property located on the northwest side of Shell Road on Parcel A beginning at a point 230 feet more or less southwest of the intersection of Shell Road and Bayside Road. Said parcel contains 16,117 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required: 1. Approval shall be for a period of two (2) years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of January, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 21 - Item II-J.5 PLANNING ITEM # 24795 Dave Walker, represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council ADOPTED Ordinance upon application of SOUTHLAND CORPORATION for a Change of Zoning: ORDINANCE UPON APPLICATION OF THE SOUTHLAND CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-I to B-2 Z01861054 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Southland Corporation for a Change of Zoning District Classification from i-1 Light Industrial District to B-2 Community-Business District at the northeast corner of Newtown Road and Greenwich Road. Said parcel is located at 264 South Newtown Road and contains 25,378.9 square feet. Plats with more detailed information shall are available in the Department of Planning. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of January, Nineteen Hundred and Eighty-six. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert E. Fentress - 22 - Item II-J.6. PLANNING ITEM # 24796 Attorney Grover Wright represented the applicant Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of CARL J. WARD for a Change of Zoning: ORDINANCE UPON APPLICATION OF CARL J. WARD FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO A-3* Z01861055 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Carl J. Ward for a Change of Zoning District Classification from R-8 Residential District to A-3* Apartment District on certain property located on the north side of Hollis Road, 590 feet east of Pleasure House road on Lots 7 & 8. Said parcels are located at 4700 and 4704 Hollis Road and contain 34,412 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. *A deed restriction of 16 units per acre shall be submitted. 2. A 10-foot dedication of right-of-way is required along the frontage on Hollis Road, with dedication for a 'half cul-de-sac at the Hollis Road terminus. The 10-foot dedication is 25 feet from the centerline of the old 30-foot right-of-way to provide for a standard 50-foot right-of-way. With further development of the site, the following will be required: 3. Standard right-of-way improvements are to include pavement widening, curb and gutter, sidewalk, and drainage facilities to be constructed along Hollis Road and the required cul-de-sac. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of January, Nineteen Hundred and Eighty-six. Jan,uary 13, 1986 - 23 - Item II-J.6 PLANNING ITEM # 24796(Continued) Voting: 7-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, H. Jack Jennings, Jr. and Meyera E. Oberndorf Council Members Abstaining: Louis R. Jones Council Members Absent: None - 24 - Item II-K.1 ORDINANCE ITEM # 24797 John Herzke, Traffic Engineer, responded to Council's inquiries. Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED: Ordinance to amend and reordain Section 6-111 of the Code of the City of Virginia Beach, Virginia, pertaining to Operation of Motor Boats ,d No WAKE Zones. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 24a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-111 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO OPERATION OF MOTOR BOATS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-111 is hereby amended of the Code of the City of Virginia Beach, Virginia, and reads as follows: Section 6-111. Operation of motor boats at such excessive speed or in such manner as to cause dangerous wake. (a) It shall be unlawful for any person operating any motor boat to pass under any bridge or to operate any motor boat in any public waterway at such excessive speed or in such manner as to cause swells or wakes in@ai-ieua that are capable of causing damage to other boats or vessels or to bulkheads, piers and or shorelines. heur-a@ (b) The operator of a motor boat, when approaching or passing vessels under way or lying to or at anchor or made fast to the shore, or when approaching or passing piers, docks or boathouses, or when approaching or passing persons in the water or using water skis or surfboards, shall slacken speed and shall operate such motor boat at such speed and in such manner as to avoid endangering persons or property by the effect of the motor boat's operation or wake. (c) Any person who violates the provisions of this section shall be guilty of a Class 4 misdemeanor. Adopted this 13 day of January 198i, the Council of the City of Virginia Beach, Virginia. #$f/ds - 25 - Item II-L CONSENT AGENDA ITEM # 24798 Upon motion by Councilmari McCoy, seconded by Councilwomari Henley, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6 Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, *Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McCianan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr. *VERBAL AYE - 26 - Item II-L-1 CONSENT AGENDA ITEM # 24799 Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City Council ADOPTED: 1. Construction Agreements: a. Independence Boulevard from Buckner Boulevard to Princess Anne Road. b. Buckner Boulevard to Rosemont Road. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, *Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abseit: H. Jack Jennings, Jr. *VERBAL AYE 26a - THIS AUREEMENT, made this day of by and between Woods Green Run, Incorporat@d, a Virginia Corporation, hereinafter referred to as "the N-ner", party of the first part, and the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "the City", party of the second part. 1,THEREAS, the Owner is the developer of 120+ acres, more or less, of land in the Boroughs of Princess Anne and Kempsville, City of Virginia Beach, commonly known and designated as the subdivision of Woods Green Run; and WHEREAS, the City has adopted a Major Right-of-Way Improve- ment Policy which is to apply to all roads on the City's Master Street and Highway Plan projected to pass through or abut a proposed developrnent; and WEEREAS, the Owner is willing to dedicate to the City that part of the prot)osed right-of-way for Buckner Boulevard which lies within and abuts the subdivision of Woods Green Run as sho,,,n on the drawing attached hereto as "Exhibit A"; and @,THEREAS, Buckner Boulevard is included on the City's Master Street and Highway Plan; and WHEREAS, the City has determined that Buckner Boulevard is necessary to provide immediate access to the proposed development and that the Owner will be reimbursed for all expenditures in excess of what it would cost to c,nstr,,t a standard city street; and WIIEREAS, the City is requiring the Owner to design the ultimate section and construct, in accordance with Plans and Specifications approved by the City, two lanes of the ultimate section of Buckner Boulevard as required by the City's Major Right-ol@-Way Improvement @olicy; and 1,TiiEREAS, the City is willi-ng to participate with the Owner in the construction of said roads and related improvements subject to the following terms and conditions; -1- N014, TIIEREFORE, THIS ACREL@tirNT 14ITIJESSETIJ: Ttiat for and in con- 10 t siderat' n of the premises and r-he , ,l convenants and undertaking of the parties of this agreemenl. the parties hereco mutually agree each with the oth,r as follows: 1. The Owner agrees to perform, or cause to be performed, such clearing, grading, street imdrovements, storm drainage, engineering, and surveying as may be necessary to conscruct Bucl,ner Boulevard from Sta-15+05 to Itosemont Road as shown an the approved drawings whicil were prepared by Talbot & Associaces, Ltd., and approved by tile city entitied Construction Plans of "Bucl,ner Boulevard from Sta. 15-105 to Rosemont Road ", Dated June 7, 1984. 2. The construction costs sliall be construed to cover all necessary labor, materials, engineering, testin-., and inspec- tion fees and other costs incident to said project whether performed by the Owner or by the Owller's subconcraccors. Sliould tlie Oxiner rlquest a further modification of tlie plans referred to in Paragraph 1 abovc@, aiid the City adproved such revision resulting in an increase or decrease in quantities, the amount prorated beciieen the Oirner and ti-ic City will be adjust:ed as hereiiiafter provided in Paragrapti 9 hereof. 3. To facililate the construction of said roads as des- cribed in Paragraph 1 of tliis agreement, the Owner has dedi- cated, or agreed to dedicate Lo the City, the necessary right- of-iiay witliin or abutting tlie Woods rreen Run subdivision for Bucl<ner Boulevard. 4. T[iL@ Ot,,ncr agrees to furiiisit, if required, a Performance Band witli Corporate Sure-Ly, LeLLer of Credit, or otlier security approved I)y the CiLy Attorney in in aiijount equal to tlie worl@ remaining to be conipleted. Said cost, if bonding is required by the City, sliall becoiiie a projlct: cost. 5. Th(-' O,,inLr agrecs Lo furnish a defcct bond %4ith Corporate Surery, Letter of CrediL, or other security approved by the City AtCorney, iti accordance WiLh slandards as escablistied by the Subdivision ordinancl. Cost of t[iis bond stiall be considered as a project cost. Tlie aiiiount: of t:liis defert bond Stiall be 10 percent of the cost of tlie project. 6. The Owner covenants and agrees that the work described herein shall be fully completed in accordance with the agreement between the two parties, dated December 21, 1982, and in no event later than twenty four (24) months after execution hereof by the City. 7. The Owner agrees to perform the work in accordance with the construction plans and specifications prepared by Talbot & Associates, Ltd., and at the estimated unit prices shown on the Tabulation of Construction Cost for Buckner Boulevard, Sta.15+05 to Rosemont Road, dated August 21" 1985 attached hereto as "Exhibit B". 8. The City and the Owner agree that the total cost for the construction of Buckner Boulevard will be Four Hundred Sixty Nine Thousand, Eight Hundred, Ninety Two Dollars and Twenty Cents ($469,892.20) on the estimated quantities and unit prices shown on "Exhibit B" subject to modification as herein described. 9. The Owner agrees that with respect to Buckner Boulevard, it will, at its cost and expense bear Three Hundred Twenty Eight Thousand, Nine Hundred Thirteen Dollars and Ninty Cents, ($328.913.90) and the Citv ap-rees that it will oav the Owner the estimated balance of One Hudred Forty Thousand, Nine Hundred, Seventy Eight Dollars and Thirty Cents ($140,978.30) based on estimated Quantities and unit Drices shown on"Exhibit B". The cost of anv chanze mutuallv arreed to by the Owner and the Citv shall be shared equally. When a chanre is made unilaterallv, the party requestinr the chanre shall be responsible for the full cost of the change. 10. After expending its share of the first costs, the Owner will submit a monthly requisition for the quantity of worl< per- formed. Sucli requisition shall be certified as to its accuracy 13y Talbot & Associates, Ltd.,(or such other Professional Engineer certified by the State of Virginia as may be selected by the Owner) and tlie City's assigned Inspector who will monitor the progress of the work and verify all qliantities and construction items for pay- ment. Payment shall be made by the City within thirty (30) days after receipt of the requisition which has been properly verified ancl approval. All necessary documentation for materials and con- tract labor shall be furnished with each invoice for payment. 11. The Ow-ner agrees that after completion of the work - and release of the Defect Bond, title in the street shall be vested in the City and that Owner shall have no claim or owner- ship interest therein. 12. The City agrees that after comnletion of the work, such improvements shall become a part of the City's street system and the City shall thereaftdr be responsible for the maintenance and repair of such improvements. 13. It is further understood and agreed by the parties hereto that this a,reement shall be construed, interpreted, and applied according to the laws of the State of Virginia, and shall be binding upon the heirs, personal representatives, executors, devisees, and administrators, successors, grantees, and assigns of the parties hereto. 14. This agreement is intented to clarify certain condi- tions stipulated in t'tie prior agreement between the Owner and the City dated December 21, 1982, and in no way is intended to supersede, alter or modify the previous agreement as therein. IN ITTT@;ESS WHEREOF, Woods Green Run, Inc. has caused its name to be hereunto signed by its President, and the CITY OF VIRGI-NIA BEACH has caused its name to be hereunto signed by its City Manager and attested by the City Clerk, duly authorized. WOODS GREEN RUN, INC. a Virginia Corporation By PRESIDENT CITY OF VIRCINIA BEACII,-VIRGIt;IA ATTEST: B@ (SEAL City Clerk CIF@ /@,i 'Talbot & Associates, Ltd Exhibit "B" Engineers - Architects .Pla@ne,s - Surveyo,, PROJECT PROJECT NO. DATE SHEET Woods Green Run 6045-5 8 1 lil of 2 CLiENT ESTIMATOR SCHEMATIC DESIGN Woods Green Run, Inc. WWMITI PRELIMINARY DESIGN SUBJECTSta.15+0!) to CHECKED BY X=X FINAL DESIGN Buckner Blvd. Rosemont Road WBB OTHER ITE-1 DESCRIPTION OUANTITY UNIT UNIT COST 'TOTAL COST CliK DEVELOPMENT CONSTRUCTION Excavation & Grading 17357 cy 111351 23 431 95- 1 "S-5 Bit.Conc. Surface 8743 -sy I2V, 5 A 2 31 6 8- 9-5 - 2" B-3 Bit.Conc. Surface 8743 sy 13[30 ?8 851 4.1, 6" Ag@regate Base 8743 sy 4@o 38 469 5.1 9" S.nd Subbase 8743 sy 2-@ 19 671 75 6.1 TemiDorary Cleaning Pad 2 EA 8 50 )O 1.7 00 )D--u 7.IVDH CG-6 2784 LF 7 35 20 462 40-IF 8.1 VDH CG-2 2 682 LF 6 50 17 4 3 3 DO 9 . VDH MS-LA 3 EA 600 DO 1800 @@ 0 10. VDH CG-12 (Curb Ramps) 13 EA 150 )O 1450 )O 11. 4" Conc. Sidewalk 1170 LF 13 50 15 7 9 5 )O 12. CL Pavement Striping LS 11 @200 @)O 1200 )O 13. VB Type III Barricades 2 IEA 300 )O 600 )O 14. Swales, Median & R/W Seedinv I Grading 7800 1sy I I 001 7 800 00 15, 1 5 " RCP 6 5 3 1LF I 13 95 9109 3 5 18" RCP 2 6 7 LF 16 8 5 9@8 17. 21 " RCP 5 5 LF 19 50'- @072 50 18. 24" RCP 1 2 96 1,F 28 51 2 19. 30" RCP 228 LF 28 @O 6384 )O 20. 36" RCP 1125 1,F 41 S@ @7 081 25 21. 36" FES I EA 9@ D-0 995 DO 22 Storm Manhole 11 EA 1 2 9 5 )O 14 245 )O 23. Single CB 10 EA 845 )O 8450 )O 24 ql Double CB 11 EA l 130 )O t2 430 PO 2 5.1 Trir)le CB 1 EA [2LOOO )O 20 0 3 O_ 00 2 6.1 Quadrur)le CB 2 EA 0 6000 DO 11 27. Rip-Rap 12 sy 1 25-)0 300 DO 2 B. Sediment Traps 24 EA 3C) )O 7 20 @O 29. Straw Bale Barriers 14 --I,@A o@o @@o 1400 DO 30. Street Lij4hts 12 EA- - -9-00-DO 10 800 )O 31. Street Signs 3 TA- - 75 @o 225 DO --- Subtotal: 356 057 20 --- --- 2 19 7S Talbot & Associates, Ltd Exhibit "B" Enginee,s - Architects . Planners . 5@,,@eyo, I PROJECT PROJECT NO. SHEET Woods Green Run 6045-5 8 l'Yl'@ @ 5 B2 of 2 LIENT ESTIMATOR SCHEMATIC DESIGN Woods Green Run, Inc. wwmi I I - p"EL' MINA Ry DESIGN CHECKED Y@ INA L .. IG Buckner Blvd. Rosemont Rd. WBB T.ER ITEM DESCRIPTION AN UNIT UNIT COST 'TOTAL COST CHK- Lo. T.TYJ- E SURVEYING 965 LF 15 00 4 A75 ur-VL(-i ISUNI)ING(10-/. CONST. 2/. + per ve@ r) 1 400 00 6 000 00 6 70 00 290 00 892 20 2 IS 79 EX14TBIT "A" LOCATION I,IAP OF BUCKNER BOULEVARD, PART 2 IN WOODS GREEN RUN SHEET A-1 of I BUCKNER BOULEVART) PART 2 THIS AGREE.'ENT, made this day of 1-985 by and between Woods Green Run, Incorporated,a Virgin3.a Corporation, hereinafter referred to as "the Owner", party of the first part and the City of Virginia Beach, a municipal corpora- tion of the Co=onwealth of Virginia, hereinafter referred to as "the City", party of the second part. WHEREAS, the Owner is the devdloper of 120+ acres, more or less, of land in the Boroughs of Princess Anne and Kempsville, City of Virginia Beach, commonly known and designated as the subdivision of Woods Green Run; and WHEREAS, the City has adopted a Major Right-of-Way Improve-. ment Policy which is to apply to all roads 6n-the City's Master Street and Highway Plan projected to pass throu@.h or abut a proposed development; and WH7-.@-AS, the @er is willing to dedicate to the City that part of the proposed right-of-way for Independence Boulevard which lies within and abuts the subdivision of Woods Green Run as sho,,,n on the drawin@. attached hereto as "Ei:hibit A"; and WHEREAS, Independence Boulevard is included on the City's 14aster Street and Highway Plan; and @IREAS, the City has determined that IndeDendence Boulevard is necessary to provide i=ediate access to the proposed develop- ment and that the Owner will be reimbursed for all expenditures in excess of what it would cost to construct a standard City street; and VTHEREAS, the City is requiring the Owner to desi@n the ultimate section and construct, in accordance with Plans and Specifications approvea by the City, two lanes of the ultimate section of Independence Boulevard as required by the City's Major Right-of-Way Improvement Policy; and WliEREAS, the City is willing to participate with the Owner in the construction of said road and related improvements sub- ject to the following terms and conditions; NOW, THEREFORE, THIS AGREE,\E',iT WITNESSETH: That for and in consideration of the premises and the mutual covenants and under- taking of the parties of this agreement, the parties hereto mutually agree each with the other as follows! 1. The Owner agrees to perform, or cause to be performed, such clearin@, grading, street improvements, storm drainage, engineering, and surveying as may be necessary@'to construct Independence Boulevard from Buckner Boulevard to Princess Anne Road@as shown on the approved drawin@s which were prepared by Talbot & Associates, Ltd., and approved by the City entitled Construction Plans of "Independence Boulevard from Buckner Boulevard to Princess Anne Road" dated March 1, 1983 and November 15, 1984 and "Princess Anne Road 'Furn Lanes" dated June 27, 1985. 2. The construction costs shall be construed to cover all necessary labor, materials, engineering, tes ting, and inspection fees and other costs incident to said project whether performed by the O-,,ner or by the Owner's subcontractors. Should the Owner request a further riodification of the plans referred to in Paragraph I above, and the City approved such revision resultin@. in an increase or decrease in quantities, the amount prorated between the O-,,ner and the City will be adjusted as hereinafter provided in Para@raph 9 hereof. 3. To facilitate the construction of said roads as described in Paragraph- 1 of this agreement, the O,,-ner has dedicated, or agrees to dedicate, to the City, the necessary right-of-way within or abuttin@ the Woods Green Run subdivision for Independence Boulevard. 4. The Owner agrees to furnish, if required, a Performance Bond with Corporate Surety, Letter of Credit, or other security approved by the City Attorney in an amount equal to the work remaining to be comnleted. Said cost, if bonding is required by the City, shall become a project cost. 5. The Owner agrees to furnish a defect bond with Corporate Surety, Letter of Credit, or othcr security approved by the City Attorney, in accordance witli srandards as established by the Subdivision Ordinance. Cost of this bond shall be con- sidered as a project cost. The amount of this defect bond shall be 10 percent of the cost of the project. 6. The Owner covenants and agrees that the work described herein shall be fully completed in accordance with che agreemenc between the cwo parties, dared December '21, 1982 and in no event lat,r than twefity-four (24) monchs after execution hereof by the City. 7. The owner agrees to perform the work in accordance with the construction plans and specifications prepared by Talbot & Associates, Ltd., and at the estimated prices shown on the Tabula- tion of Construction Cost for "Independence Boulevard, Part 2", dated May 28, 1985, attached hereto as "Exhibit B". 8. The City and the Owner agree that the total estimated cost for the construction of Independence Boulevard is Three Hundred Forty One Thousand, Twenty Seven I)ollars and Thircy Cents ($341,027.30) based on the quanticies and unit prices shown on "Exhibit B" subjecc to modification as herein described. 9. The Owner agrees that with respect to Independence Boulevard it will, at irs cost and expense, bear the first One Hundred and Twenty Thousand Three Hundred Twenty-Five Dollars and No Cents of cost ($120,325.00) and the City agrees that it will pay the Owner the estimated balance of Two Hundred Twenty Thousand, Seven Hundred Two Dollars and 30/100 Cents ($220,702.30) based on actual quantities and unit prices bid and as an "Exhibir B". The cost of any chan-e mutually agreed to by the Owner and the City shall be shared equally. When a change is made unilaterally, the party requ6sting the chan-.e shall be responsible for the full cost of the change, 10. After expending its sliare of tlie, first coscs, the Owner will submit a monthly requisition for-the quantity of work per- formed. Sucti requisition shall be certified as to its accuracy by Talbor & Associates, Lrd., (or sucti otiler Professional Engineer cercified by the State of Virginia as niay be selected by the Ot-iner) and the City's assigned Inspecuor wlio will inonitor the progress of tlie worl@ and verify all cluaiiritils and construcrion irems for paymenL. Paynient sliall be made by tlie City within thirty (30) days afcer receipt of the requisition wliicli has beell properly verified and approved. All necessary documentation for materials and contract labor shall be furnished with each invoice for paymenc. -3- 11. The Owner agrees that after completion of the work and rel6ase of the Defect Bond, title in the street shall be vested in the City and that Owner shall have no claim or owner- ship interest therein. 12. The City agrees that after completion of the work, such improvements shall become a part of the City's street system an.d the City shall tiereafter be rie.sponsible for the maintenance and repair of such improvements. 13. It is further understood and agreed by the parties hereto that this agreement shall be construed, interpreted, and applied according to the laws of the State of Vir@.inia, and shall be binding upon the heirs, personal:--representatives, executors, devisees, and administrators, successors, grantees, and assigns of the parties hereto. 14. Th4-s a-reement is intend6d to clarify certain condi- tions stidulated in the prior agreement between the Owner and the City dated December 21, 1982, and in no way is intended to su-oersede, alter or modify the previous agreement as therein. Ii'] @@IT-@IESS WH7-.REOF, Woods Green Run, Inc, has caused its name to be hereun-lo signed by its President, and the CITY OF VIRGINIA BE.'@CH has caused its naine to be hereunto si,.ned by its Ci-@y imana-.er and attested by the City Clerk, duly authorized. WOODS GREEN RuiN, INC. a Virginia Corporation By: Preside@'t CITY OF VIRGINIA BEACH: VIRGINIA kfTEST: el Clerk A-PPROV 2 61@ COST ESTIMATE EXIIIBIT "B" Tal@&@iatff,l PAGE 0, 5 los @o 6045-6 wwm WBB 5/28/85 BI-CHEC@E. B' sct i El"i ESI(IN CLIE.NT W@@lil C,@pn P.OIECI PRELJ',IL \Ry DESI(-,L@ SUBJECT Independence Blvd., Part 2 FINAL DESIGN OTFIER ITEM DESCRIPTION QUAR, IT COST TOTAL COST DEVELOP,IIENT CONSTRUCTION 1. Excavation & Grading 63 1 Cy -@35 601 85 7. Y _ 10 c)n 68o on 3. 11-" S -5 AsT)halt Sui:face 2 2 1 SY - 265 185 65 4. 3" R-1 A,ph@Ir R,q 'Y - 5Or) 1 105 00 5. 71/2" Aggreeate Base 4221 sy - 5@@ 0 2 3 2 1 5 50 6. 91, S.ni y - ?'5 '@Q7 ?9 _ -7_. FA _ 850 no F- 1 7oo oo 8. VDH CG-6 1016 LF - 73 7 46 7 60 9. VDH rcll-? _@@ _ 1 300 00 10 4" Cenr, 2 041 75 @;y - 6 - 11 Curb RamDs EA - 150 no 150 00 FA )00 250 00 _ @o __ -F 12@ VDH ED-1 Delinearors 8 --- -- )00 00 14 S@al@, 1) - I - IF - 91 65 16. -@ 81- 4 lq5 65 17.. 27" RCP 5 2 6 LF 26 55 13 96 5 3o --- ---- 18 30" RCP 7 F _ _ 5 172 75 le FA - 930 -- 2 EA 1 50 OC - - 2 100 00 1 7 50 -M I 5or) oo I EA 1 365 00_ 1 365 00 %'DtiT DI-7B I FA I 310 o(, 13n F 7n C)o 21 LL, 240 00 COST ESTIMATE EXIIIBIT "B" 2 10. 10 By CH@C.D B, C"E.'T ds R.@ I,,,. @OJECT Woods R.@ SUBJECT 2 TOTAL COST 120 oo E- 20 45n 29 Street L 30 ans Subtotal: EXHIBIT "B" Talbot&Associate&Ltci COST ESTIMATE p@Gl- 3Of 5 108 @o 6o45-6 -D@ll 5/28/85 @, wwm CIIECM@ @, WBB SCHE,\,i,\Il(- DFSI(-,N CtIENT Wood, Green Run, Tnc. ,ol,c, Indcpendence Blvd.PH 21 1 PRILIIIINARY DESI(,N SUBJECT Turn Lanes-Princess Anne Road FINAI [)[SIGN ixxx i olii[R ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL CC ST K CONSTRUCTION OF TURN LANES - PRINCES@ ANNE ROAL 31. Excavation (Turn lanes) 450 cy 81.. 3 600 00 32. Excavation (Relocation of Ditch) 1720 cy 7 00 12 040 00 (Undercut Existing Ditch) 2142 cy @on 34. Backfill Existing Ditch 2 z, , n cy 19 600 C)O 3 5.11 111 S-5 Bit.Conc.Surface (Overlay 11 Existing Road) 3 7 1 5 sy I 91, 7 -058 50 36. l" S-5 Bit. Conc. Surface 2611 SY 1 90.- 4 960 90 37.. 31, B-3 Bit. C. 2611 sy 5 25 13 707 75 2611 sy 4 7 5 12 402 19. '3 00 sy 2 140 00 40. 15-1 RCP 34 LF 22 10 751 4o F 41., 241, RC.P 75 -- 660 42.. 30" RCP 46 LF 41 05 1 888 30. 43@. 1- A 1 C)o 2 2 2 0- 44. 1 EA 375100 375 00 45.. 3011 FES 2 EA 555100 1 110 001 46. Remove ExistinR Head.all I EA 210@00 210 00 47.. Fin@ S@eding & Cr,,ding ?nnn F, 1129 9 5oo on 48- FA A9@no Qgn nn 49.. Pavement St,iping LS 5 200 00 5 200 00 T,@pnr,,,, T,,f IIRS - 5 no I 200 -M 51.. 195 LF 20 00 3 900 00 SUBTOTAI,: ra COST ESTIMATE ,EXHIBIT B" 045-6 @@,,@/28/85 @, WWM -Cli@C@EDBI BB CLIE@T OODS Oreen RUn InC. @o,fC, 2 SUBIECT Wid GN ITEM DESCRIPTION QUANTITY TOTAL COST IF, I CONSTRUCTION WIDENING - INDEPENDENCE BOULEVARD - ---.---- @2 R@ove Existinp Ctirb 50 1,F - 3 150 00 53 ti n cy - 8 oo.- 1 9 20 00 54,- 115" S-5 Bit.Conc. Surface 280 sy - 2 50@- 700 00@ ,)S-. 80 SY 5 25 1 470 00 - 56- 71@ll Agg,pg,re Subbase 80 SY- - 5 25 1 470 00 57- 911 S,@,i '@,hh Y 2 5n _ 700 no -58 P,v@m@nr Striping LS 2 000 00 2 000 00 59 Soil Retention Mat 1200 sy 1 25 1 500 OC 60 Top Soil 1200 sy 3 45, 4 140 00 - Sub-Total 1 31 764 3 5 TOTAL ESTIMATED CONSTRUCTION 269 377 30 ra COST ESTIMATE "EXHIBIT B" Talbot&@iate&lti t-1/2 A@, p@GE 5 Of 10@ 10 045-6 ATI /28/85 BI IIIIC@ID WBB DFSI( N RY I)L,,I(,N CLIEIT P@O)ECT su@],CT Indepe.dence Boule@ard. Part 2 ITEM DESCRIPTION QUANTITY U@N I TOTAL COST f( @i@ ENGINEERING & SURVEYING 1125 LF 22 500 00 DEFECT BONDING (10% Const. @ 2,% per year 24 e,, S) I 000 00 CITY INSPECTIONS 3 000 00 SOILS TESTING 6 70 00 ._AUPERVTSTON & nVFRI]PAn I 44 480 00 TOTAL: 341 027 T@ 11 Location Map of INDEDENDENCE BOULEVARD, PART 2 IN WOODS GREEN RLIN Sheet A-1 of 1 j NDEPENDENCE BOULE@ PART 2 THIS AGREE.@NT, made this day of @5 by and between Woods Green Run, Incorporated, a Virginia Corporation, hereinafter referred to as "ttie Owner", party of the first part and the City of Virginia Beach, a municipal corpora- tion of the Commonwealth of Virginia, hereinafter referred to as "the City", party of the second part. WHEREAS, the Owner is the dev@loper of 120+ acres, more or less, of land in the Boroughs of Princess Anne and Kempsville, City of Virginia Beach, commonly known and designated as the subdivision of Woods Green Run; and WHEREAS, the City has adopted a Major Right-of-Way Improve- ment Policy which is to apply to all roads 6n-the City's Master Street and Highway Plan projected to pass throu@.h or abut a proposed development; and WH@-R--AS, the Owner is willing to dedicate to the City that part of the proposed right-of-way for Independence Boulevard which lies within and abuts the subdivision of Woods Green Run as sho@,,n on the drawin- attached hereto as "Exhibit A"; and WFEREAS, Independence Boulevard is included on the City's Master Street and Highway Plan; and V@.@AS, the City has determined that Inder)endence Boulevard is necessary to provide immediate access to the proposed develop- ment and that the Owner will be reimbursed for all expenditures in excess of what it would cost to construct a standard City street; and VIH7-PEAS, the City is requiring the Owner to desi-n the ultimate section and construct, in accordance with Plans and Specifications approvea by the City, two lanes of the ultimate section of Independence Boulevard as required by the City's 1,Lajor Right-of-Way Improvement Policy; and WIIEREAS, the City is willing to participate with the Owner in the construction of said road and related improvements sub- ject to the following terms and conditions; NOW, THEREFORE, THIS AGREE,@',qT WITNESSETH: That for and-.in conside@ation of the premises and the mutual covenants and under- taking of the parties of this agreement, the parties hereto mutually agree each with the other as follows: 1. The Owner agrees to perform, or cause to be performed, such clearin@, grading, street improvements, storm drainage, engineering, and surveying as may be necessary 'to construct independence Boulevard from Buckner Boulevard to Princess Anne Road as shown on the approved drawin@.s which were prepared by Talbot & Associates, Ltd., and approved by the City entitled Construction Plans of "Independence Boulevard from Bucl@ner Boulevard to Princess Anne Road" dated March 1, 1983 and November 15, 1984 and "Prinr-ess Anne Road Turn Lanes" dated June 27, 1985. 2. The codstruction costs shall be construed to cover all necessary labor, materials, engineering, testing, and inspection fees and other costs incident to said project whether perforried by the O@,ner or by the Owner's subcontractors. Should the Owner request a further riodification of the plans referred to in Paragraph I above, and the City approved such revision resulting in an increase or decrease in quant4-ties, the amount prorated bet%,;een the G-.ner and the City will be adjusted as hereinafter provided in Para@raph 9 hereof. 3. To facilitate the construction of said roads as desc--ibed in Paragraph@l of this agreement, the Ow-ner has dedicated, or agrees to ded4-cate, to the City, the necessary right-of-way within or abuttin@ the Woods Green Run subdivision for Independence Boulevard. 4. The O,,mer agrees to furnish, if required, a Perforriance Bond wit h Corporate Surety, Letter of Credit, or other security approved by the City Attorney in an amount equal to the work remaining to be comnleted. Said cost, if bonding is required by the City, shall become a project cost. 5. The Owner agrees to furnish a defect bond with Corporate Surety, Letter of Credit, or othcr security approved by the City Attorney, in accordance with standards as established by the Subdivision Ordinance. Cost of this bond shall be con- sidered as a project cost. The amount of this defect bond shall be 10 percent of the cost of the project. 6. The Owner covenants aiid agrees that tlie work described herein shall be fully completed in accordance with the agreement between the two parcies, daced December -21, 1982 and in no e,ent lat,,r than twenty-four (24) months afcer execution hereof by the City. 7. The Owner agrees to perform the wort, in accordance with the construction plans and specifications prepared by Talbot & Associates, Ltd., and at the estimated prices shown on the Tabula- tion of Construction Cost for "Independence Boulevard, Part 2"; dated May 28, 1985, attached hereto as "Exhibit B". 8. The City and the Owner agree that the total estimated cost for the construction of Independence Boulevard is Three Hundred Forty One Thousand, Twenty Sev6n Dollars and Thirty Cents ($341,027.30) based on the quanticies and unit prices shown on "Exhibit B" subject to modification as herein described. 9. The Owner a-rees that with respect to Independence Boulevard it will, at its cost and expense, bear the first One Hundred and Twenty Thousand Three Hundred Twenty-Five Dollars and No Cents of cost ($120,325.00) and the City agrees that it will pay the Owner the estimated balance of Two Hundred Twenty Thousand, Seven Hundred Two Dollars and 30/100 Cents ($220,702.30) based on actual quantities and unit prices bid and as on "Exhibit B". The cost of any chan-,e mutually agreed to.by the Owner and the City shall be shared equally. When a cliange is inade unilaterally, the party requesLing the chan-e shall be responsible for the full cost of the change, 10. After expending its share of thF. first COSES, the Owner will submic a monchly requisilion for -che quantity of work per- formed. Sucti requisition shall be certified as to its accuracy by Talbor & Associates, Ltd., (or sucti otlier Professional Engineer certified by the State of Virginia as may be selected by the 0%4ner) and ttie City's assigned Inspector wlio will inonitor the progress of the work and verify all quantities and conscruccion irems for payiiient. Payment sliall be made by tlie City within thirty (30) days after receipt of the requisition wiiicli has been properly verified and approved. All necessary documencation for materials aiid concract labor sliall be furnished with each invoice for payment. -3- 11. The Owner agrees that after completion of the work and reldase of the Defect Bond, title in the street shall be vested in the City and that Owner shall have no claim or,owner- ship interest therein. 1Z. The City agrees that after completion of the work, such improvements shall become a part of the City's street system and the City shall thereafter be responsible for the maintenance and repair of such improvements. 13. It is further understood and agreed by the parties hereto that this agreement shall be construed, interpreted, and applied ac cording to the laws of the State of Virginia, and shall be binding upon the heirs, personaL--representatives, executors, devisees, and administrators, successors, grantees, and assigns of the parties hereto. 14. This a-reenent is intend6d to clarify certain condi- tions stidulated in the prior agreement between the Owner and the City dated December 21, 1982, and in no way is intended to supersede, alter or modify the previous agreement as therein. Ii,l 14!T'qESS WHE.REOF, Woods Green Run, lnc. has caused its naT,e to be hereunto signed by its President, and the CITY OF VIP,GINIA BEACH has caused its name to be hereunto si@ned by its City Mana@er and attested by the City Clerk, duly authorized. WOODS GPEEN RuiN, INC. a Vir.@inia Corporation By: Presiden@ CITY OF VIRGINIA BEACH: VIRCIiiIA ERTEST: ger clerl, APPROI.I@, -4- Sea c e Location Map of INDEPENDENCE BOULEVARD, PART 2 IN WOODS GREEN RUN Sheet A-1 of 1 NDEPENDENCE BOULEV, PART 2 COST ESTIMATE EXIIIBIT "B" Talbot&@iatml, p@GE Of 5 10. .0, 6045-6 D@IF /28/85 al ww@l CHEC@ED .1 WB-B C""' PRO(ECT su.lfcl Independence Blvd.. P@,r 2 ITEM DESCRIPTION QUANTITY L TOTAL COST DEVELOPMENT CONSTRUCTION ---.----r 1. 5631 cy 1 3 5 7 --- @O 185 y - 3. 42 2 1 sy 26 5 1 -- @95 65 4. B-1 A,ph@l y - 9 00 5. 42 21 sy 55 l@ 50 @3 2 1 5 y - 4Q7 -7_ ad ? F A - 8 5C) 7no oc) VDH CC-6 016 LF 735 46 760 9.. -@ '@o 10 4" @)Y - C, 2-5- Q41 75 11 Curb Ramos @A - @50 20 150 00 12 VDH ED.-l D@lin@@t.rs 8 PA - 3C) 00 250_ 00 ol - nn - 2 88 765 - 4 105 65 17 27" RCP 5 2 6 LF - 26 13 96 53o @8. 30" RCP 171 liF - 5 79 19. EA - 93n no 20.. VDIIT DI-3A F.@ 1 050 2 loo oo 900 nc) 292 . VDIIT DI-7A E@l 1 365 1 365 OC) 2 3.1 VTIHT DI-7B FA 130 1 110 70 2@5 Re@o,e Fxist. Conc. Headwall LS 24o oo COST ESTIMATE EXIIIBIT "B" p@GE OF 5 los @o 601,9-6-D@TE@/28 85@B, CIEC.KD .1 SCHE,IATIC DESIGN CLIE.1 Woods rre@. R.@ Inc. PROJECT OODS Green R' INARY DESIGN FINAL DESIGN SUBJECT 2 OT@IER ITE-11 DESCRIPTION QUAT, IT COST TOTAL COST 26 Sediment Traps 20 00 120 00 2 7 Straw Bale Barriers I EA 20 00 20 00 28 Pla@tin- @ithi IL@ --- - 3 1, 5 0 00 29 Street Liq:hts 4 EA 900 00 3 600 co 30 Str,@t 'i@n, 5 P A 7@ nn 3 7 9 00 Subtotal: 13 7 61 2 95 COST ESTIMATE EXHIBIT "B" Talbot&Associatc&ttd ,@Gf- 3OF 5 108 NO 6o45-6 /11/85 wwm WBB TIC DESIGN -D@TE C.Ec@'. u, REI CLIENT n Run 1-c.@IIIIIIT Independence Blvd.PH 21 I'll, @."NARY DESIGN SUBJECT Turn Lanes-Princess Anne Road FINA[ I)ISIGN ixxx i 01@IER ITEM DESCRIPTION QUANTITY I UNIT UNIT COST TOTAL COST (liK CONSTRUCTION OF TURN LANES - PRTNCES ANNE ROAL 31. Excavation (Turn lanes) 450 cy 1 8@ool@ 3 600 00 32. Excavation (Relocation of Ditch) 1720 cy 7@..Il 12 040 -00 g Ditch) 2142 cy 10 00 21 420 00 34. Backfill Existing Ditch Z, " 0 cy 00 19 600 00 35.. 1" S-5 Bit.Conc.Surface (Overlay ii Existine Road) 3715 sy I 1)0,- 7 058 50 16,@ 1" S-5 Bit. Conc. Surface 2611 sy I 4 96o 90 37. 3" B_3 Bit. Conc. Base 2611. sy 13 707 75 38.- 2611 sy 12 402 25 19.. 390 6 00 340 00 40.. 15-- RCP 34 liF 22 10 751 40 41@ 241, RCP I.F 660 25 42.. 3011 RCP 46 LF 41 05 --l 888 3Q.1 43.. Sr@,, M,nhol@ (n-6-) -LA I 110 no 2 220-. nn 44. 24-1 FES I FA 375 00 375 00 45.. 3011 FES 2 EA 555 00 I 110 00 46. Re.ove Existinp Ifeadwall I @-EA 210 00 210 00 47., Fi@p S@@ding & ('.r sy I 9 5 )no on.. EA 35 qq n on 49. LS 5 200 00 5 200 00 Temporary Traffic Conrrol IIR' - 5 ?00 00 91. 31, m@r.) r.@@rl,, 19 5 LF 3 900 00 SUBTOTAL: ra Tal@&@iatm@- COST ESTIMATE .EXHIBIT B" A@ I.,,, IAGE JOB 10 045-6 D@TE /28/85 @ BB FSIGN CLIENI OODS Green RUn InC. l@OitCT Ind 2 Y I)L@@(,N SUBJECT Widenin@ f R@,,lpvard GN ITEM DESCRIPTION QUANTITY UFN C TOTAL COSI li@ CONSTRUCTION WIDENTNG INDEPENDENCE BOULEVARI) 52.. 50 LF 3 00 150 00 53 F, t i @n Y 8 00 C)O 54 280 sy 2 50 700 00 80 SY 5 25 1 470 00 56- 280 sy 5 25 1 470 00 57- 280 y 2 @O 700 On -58 .-Pay@m@nt LS 2 000 00 2 000 00 59 Soil Retent on Mat 1200 sy 1 25 1 500 OC 60.@ Top Soil 1200 SY 3 45 4 140 00 -Sub-Total 131 7 64 TOTAL ESTIMATED CONSTRUCTION 269 377 30 ra COST ESTIMATE "EXIIIBIT B" Talbot&Assc)ciatc&l,@ IAGE 0, 5 JOB 10 045-6 D@TE /28/85 HI wwm CII@CKED @l WBB I)LSI(,N CLIEN@ L@O;ECT RY DESIGN SI.IECT Independence Boulevard. Part 2 GN QUANTITY - JFNI ITEM DESCRIPTION TOTAL COSI ENGINEERTNG & SURVEYTNG 1125 LF 22 500 @)O DEFECT BONDING (10% Const. @ 2+% per year 2 yea s) 1 000 00 CTTY TNSPECTIONS 3 000 00 SOILS TESTING 6 70 00 SUPFRVTSION & OVER 44 480 00 TOTAL: -141 02 7 30 Location Mp f l@DEPE',iDENCE BOULEVARD, PART 2 IN WOODS GREEN RLIN Sheet A-1 of A-T Hs NDEPENDENCE BOU@.@ PART 2 THIS AGREt;M-ENT, made this day of by and between Woods Green Run, Incorporatect, a Virginia Corporation, hereinafter referred t, as "the Ow-ner", party of the first part, and trie City of Virginia Beach, a municipal corporation of the Cor=onwealth of Virginia, hereinafter referred to as "th, City", party of the second part. l@EREAS, the Owner is the developer of 120+ acres, more or less, of land in the Boroughs of Princess Anne and Kempsville, City of Virginia Beach, commonly known and designated as the subdivision of Woods Green Run; and WHEREAS, the City has adopted a Major Right-of-Way Improve- ment Policy which is to apply to all roads on the City's master Street and Highway Plan projected to pass through or abut a proposed develodment; and WHEREAS, the Owner is willing to dedicate to the City that part of the ProDosed right-of-way for Buckner Boulevard which lies within and abuts the subdivision of Woods Green Run as shown on the drawing attached hereto as "E,hibit All; and I%THEREAS, Buckner Boulevard is included on the City's Master Street and Highway Plan; and WHEREAS, the City has determined that Buckner Boulevard is necessary to provide immediate access to the proposed development and that the Owner will be reimbursed for 11 expenditures in excess of what it would Cost to construct a standard city street; and WIIEP,EAS, the City is requiring the O@,7ner to design the ultimate section and construct, in accordance with Plans and Specifications approved by the City, two lanes of the ultimate section of Buckner Boulevard as required by the City's Major Right-of-Way Improvement Dolicy; and WHEREAS, the City is willi-ng to participate with tlie Owner in the construction of said roads and related improvements subject to the following terms and conditions; -1- NOII, THEREFORE, TIIIS ACREalF@NT 141TIlESSETII: Ttiat for and itl con- sideration of the premises and Lhe mutual convenants and undertaking of the parties of this agreement, the parties hereto mutually agree each t4ith the other as follows: 1. The (hrner agrees to perform, or cause to be performed, such clearing, grading, street iMDrovements, storm drainage, engineering, and surveying as may be necessary to construct Bucl@Rer Boulevard from Sca.15405 to l@oseniont Road as shown on tlie approved drawings whicti were prepared by Talbot & Associates, Ltd., and apl)roved by tlie City entitied Construction Plans of "Bucl,,ner Boulevard from Sta. 15-105 to Rosemont Road", Dated June 7, 1984. 2. The construction costs sliall be construed to cover all nec(-,ssary labor, inaterials, ent,,i.neering, testin-., and inspec- tion fees and other costs iricident to said project whether performed by the Owner or by tlie Owner's subcontrac,tors. Should .the Oxiner request a further modification of tlil plans referred to in Paragraph 1 above, and Llie City ar)proved sucli revision resulting in an iiierease or decrease in quantities, the amount prorated bLLkieen the Owner and tlil City will be adjusted as hereiiiafter providld in Paragrapli 9 hereof. 3. To facililate the construction of said roads as des- cribed in Paragraph 1 of this agreement, the Owner has dedi- cated, or agreed to dedicate to tlie City, the necessary right- of-%,,ay witl)in or abutting tlie Woods Creen Run subdivision for Buckner Boulevard. Ii. Ttie Otiner agrees to furni.sli, if required, a Performance Bond %villi Curl)oratL@ Sure-ty, LeLter of Credit, or otl-ier security approved by ttil City ALLortiey iii ,in ZIlliOLint C(ILIal to tlie worl( remaining to be completed. Said cost, if bonding is required by Llie City, sliall beco[iil ii I)roject cost. S. Tlie ChinLr agrees Lo furnil;li a defect bond witli Corporace Surety, Letter of Credit, or other security approved by the City Atcoriiey, iii accordzincv WiLli f;Landards as establistied by the Subdivisioii OrdinancL@. CosV of Lliit; bond shall be considered as a project cost. TtiL, aniount of t[iis deeect bond sliall be 10 percenc of che cosc of Llie project. 6. The Owner covenants and agrees that the work described herein shall be fully completed in accordance with the agreement between the two parties, dated December 21, 1982, and in no event later than twenty four (24) months after execution hereof by the City. 7. The Owner agrees to perform the work in accordance with the construction plans and specifications prepared by Talbot & Associates, Ltd., and at the estimated unit prices shown on the Tabulation of Construction Cost for Buckner Boulevard, Sta.15+05 to Rosemont Road, dated August 21, 1985 attached hereto as "Exhibit B". 8. The City and the Owner agree that the total cost for the construction of Buckner Boulevard will be Four Hundred Sixty Nine Thousand, Eight Hundred, Ninety Two Dollars and Twenty Cents ($469,892.20) on the estimated quantities and unit prices shown on "Exhibit B" subject to modification as herein described. 9. The Owner agrees that with respect to Buckner Boulevard, it will, at its cost and expense bear Three Hundred Twenty Eight Thousand, Nine Hundred Thirteen Dollars and Ninty Cents, ($328,913.90) and the Citv a@rees that it will oav the Owner the estimated balance of One Hudred Forty Thousand, Nine Hundred, Seventy Eight Dollars and Thirty Cents ($140,978.30) based on estimated quantities and unit Drices shown on"Exhibit B". The cost of anv chanze mutuallv arreed to by the Owner and the Citv shall be shared eaually- When a chanae is made unilaterallv, the Darty requestinr the chanre shall be responsible for the full cost of the change. 10. After expending its share of the first costs, the Owner will submit a monthly requisition for the quantity of work per- formed. Sucti requisition shall be certified as to its accuracy by Talbot & Associates, Ltd.,(or such other Professional Engineer certified by the State of Virginia as may be selected by the Owner) and the City's assigned Inspector who will monitor tlie progress of tlie work and verify all quantities and construction items for pay- ment. PaynienL shall be made by the City within thirty (30) days after receipt of the requisition which has been properly verified and approval. All necessary documentation for materials and con- tract labor shall be furnished with each invoice for payment. 11. The Owner agrees that after completion of the work - and release of the Defect Bond, title in the street shall be vested in the City and that Owner shall have no claim or owner- ship interest therein. 12. The City agrees that after comdletion of the work, such improvements shall become a part of the City's street system and the City shall thereaftdr be responsible for the maintenance and repair of such improvements. 13. It is further understood and agreed by the parties hereto that this aa.reement shall be construed, interpreted, and applied according to the laws of the State of Virginia, and shall be binding upon the heirs, personal representatives, executors, devisees, and administrators, successors, grantees, and assigns of the parties hereto. 14. This agreement is intented to clarify certain condi- tions slipulated in tlie prior agreement between the Owner and the City dated December 21, 1982, and in no way is intended to supersede, alter or modify the previous agreement as therein. I@@' ITITI;ESS WHEREOF, Woods Green Run, Inc. has caused its name to be hereunto signed by its President, and the CITY OF VIRGINIA BEACH has caused its name to be hereunto signed by its City Manager and attested by the City Clerk, duly authorized. WOODS GREEN RUN, INC. a Virginia Corporation By PRE@ f I)Er4T CITY OF VIRGINIA BEACII,-VIRGINIA ATTEST: (SEAL City Clerk r AS TO r C C!! -4- EXHIBIT "A LOCATION TIAP OF BUCKNER BOULEVARD, PART 2 IN WOODS GREEN RUN SHEET A-1 of I BIJCKNER BOULEVARD ART 2 Talbot & Associates, Ltd Exhibit "B" Engineets - Architects .Plo,ne(5- s.r@eyo,; PROJECT PROJECT NO. DATE SHEET Woods Green Run 6045-5 85 BI of 2 CLIENT ESTIMATOR SCHEMATIC DESIGN Woods Green Run, Inc. wwmiii PRELIMINARY DESIGN SUBJECTSra.-f5+05 to CHECKED BY KXXXI FINAL DESIGN Buckner Blvd. Rosemont Road WBB IOTHER ITE.@ DESCRIPTION QUANTITY UNIT UNIT COST 'TOTAL COST CHK DEVELOPMENT CONSTRUCTION lil Excavation & Gradin 17357 IICY 1135 23 431 2 @i i,-,"S-5 Bi ce 8 74 3 II-S-Y- 2 6 5 21 168 3 Ji 2" B-3 Bit.Conc. Surface 8 74 311 SY 3 30 2-L 8 51 41 e Base 8743 38 469 6 e 11 sy 4@o 9:: Aggr gat 5 Sand Subbase 8743 1 sy 2@5 19 671 6.IiTemf)orarv CleaninR Pad 2@ EA _450 )O- I 2784 LF 7 35 20 462 6 50 - @7 43 bo 0 00 DO ISOC n@ ,@o 1@4 5o bo 11 13 r)o 15 oo boil I oo boll I I11 I Grading 7800 sy 1i looll 17800 bo 1 5.1 15" RCP 6 5 3 1 l@F ;13 19 5 li@ 109'35 1 6 @l 18" RCP 2 6 7 LF 116 18 5,i @ @98J95 17 11 21 RCP 5 5 1,F 19 I 1 50 18 4R p 1296 1,F 22 DO- 28 51 2bo 19 11 - 30: RCCP 228 LF 28 @O 6384 )O 20. 36" RCP - 1125 l@ @l @5 47 081 5@ 1 EA 21. 36" FES @@5 () 995 )O 22 Storm Manhole 11 -F@ -1 Tq 5- )-O @4 4@5 TO- T45- 8450 )O 23. Single CB 10 A )O 24. Double CB A 1 31 )O 12 4@O )O 000 25. Triple CB LA 2 @O 2000 )O 26. Quadruple CB PA 1 3000 )O 6.000 )O 2 7.1, Rip-Rap y@l 2 5 )O 300 )O - 28.11 Sediment Traps 24 EA 11 30 i(i - T20 YO 29.1 Straw B,,ile Barriers 14 EA 100 i-O - i 400 )o - 30.1 Street Lights 12 EA 900 )O 10 800 )O 31.1 Street Signs 3 IEA 75 )O 225 )O Subtotal: 356 057 @O 219: T(ilbot & Associate Engineers - Architects . Pla@ne,s S, Ltd Exhibit "B" . suf@.Y.,@ PROJECT PROJECT NO. 5HEET Woods Green Run 6045-5 8 / Y'i'@ B2 2 CLIENT ESTIMATOR SCHEMATIC DESIGN Woods Green Run, Inc. wwmiii PRELIMINARY DESIGN SU13JECT a.15+u5 to CHECKED gy- FINAL DESIGN Buckner Blvd. Rosemont Rd. WBB THER ITEMI DESCRIPTION OUANTITYI UNIT UNIT COST TOTAL COST CHK. - E SURVEYING 2965 -LF - 15 00 44 @7@ --- ECT BONDING 1 CONST 2/. r er) 400 bo --- CITY INSPECTIONS --- 6 000 00 670 00 5-/.) 61 290 00 892 20 2 19 79 EXHIBIT "All LOCATION IIAP OF BUCKNER BOULEVARD, PART 2 IN WOODS GREEN RU@T SHEET A-1 of 1 BUCKNER BOULEVARD PART 2 - 27 - Item II-L-2 CONSENT AGENDA ITEM # 24800 Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance authorizing certain events conducted on City property to be exempt from the Prohibition from Working or Transacting Business on Sunday. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, *Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr. *VERBAL AYE - 27a - AN ORDINANCE AUTHORIZING CERTAIN EVENTS CONDUCTED ON CITY PROPERTY TO BE EXEMPT FROM THE PROHIBITION FROM WORKING OR TRANSACTING BUSINESS ON SUNDAY WHEREAS, Section 18.2, Code of Virginia (1950) as amended, requires the City Council of the City of Virginia Beach to designate on a case-by-case basis the events which are exempt from working or transacting business on Sundays; and WHEREAS, the following City property has been designated by the Council of the City of Virginia Beach for the following dates, as the site for the following events: Date City Property Event Jan. 26, 1986 Pavilion Piano Exhibition and Sale BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above-mentioned events are exempt from the prohibition of working or transacting business on Sunday as provided by general law. That the City Clerk is directed to forward a certified copy of this Ordinance to the Commonwealth Attorney. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on the 13 day of Jnaury 1986. JDB/ld APPROVED AS TO CONT,,,-,;,,,-;S A: lr7 6,* -ATTORNLI - 28 - Item II-L-3 CONSENT AGENDA ITEM # 24801 Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance upon SECOND RF.ADING to accept and appropriate $150,000 from the Commission of Game and Inland Fisheries for the renovation of Owls Creek Boat Ramp. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, *Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClazian, J. lienry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr. *VERBAL AYE - 28a - AN ORDINANCE TO ACCEPT AND APPROPRIATE $150,000 FROM THE COMMISSION OF GAME AND INLAND FISHERIES FOR THE RENOVATION OF OWL CREEK BOA'R RAMP WHEREAS, city staff has been working with the Commiision of Game and Inland Fisheries since 1981 to secure funding to expand and renovate the Owl Creek Boat Ramp, and WHEREAS, to expedite construction the Commission has agreed to let the city administer the project with the Commissioii to reimburse expenditures up to $150,000, and WHEREAS, the cost of improvements to the Owl Creek Boat Ramp is not expected to exceed $150,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that project #4-937 Owl Creek Boat Ramp Renovations is hereby established as a capital project with funds in the amount of $150,000 appropriated for this project. BE IT FURTHER ORDAINED that the appropriations be offset by an increase of $150,000 in estimated revenues for expenditure reimbursements from the Commission of Game and Inland Fisheries. FIRST PEADING: Janaury 6, 1986 SECOND READING: January 13, 1986 Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of January 1986. PWC 13/ORD5 - 29 - Item II-L-4 CONSENT AGENDA ITEM # 24802 Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and discontinuing a portion of Old Holland Road in the petition of Larry and Kathryn Reiter as per the following: Application of Larry L. Reiter for the discontinuance, closure and abandonment of a portion of Old Holland Road beginning at a point 250 feet more or less West of Table Rock Road and running along the Southern boundary of Lot 29, Block E, Windsor Oaks West. Said parcel is 50 feet in width and contains 6,400 square feet more or less (Kempsville Borough). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, *Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr. *VERBAL AYE 29a - Itl TtlE MATTER OF CLOSFN(,, VACATING, AND DISCONTINUING A PORTION Of,' 'PliAT CERTAIN STREET OF VARIABLE WID'I'll 1<14OWN AS OLD HOLI,AND ROAD, LOCATED IN BOROUGII OF VIRGINIA BEACH, VLIZGINIA, AS SIIOVIN ON TIIAT CERTAIN EXHIBIT l@'NTITLED, "OLD HOLLAND ROAD SHO@QING A POR'PION OF OLD HOLLAND f,@.)AD", VII@(;Il@IA BEACii, VIRGINIA, WHICH EXIIIBIT IS L@ECORDED Itl TI[E CLERK'S OFFICE OF TIIE CIRCUIT COURT OF TI[E CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK AT PAGE W@IEREAS, it appearing by affidavit that proper notice has boen given by Larry L. l@C!Lel ajid Kattiryn Reiter, that they %.;,Duld make applicatioii i-o tlie Council of Llie City of Virg@-nia Beach, Virgiiiia, on 1 1984, to have the hereinafter described streel diE;cc@,itinLIed, clo.-od, iild vacated; and WfIEREAS, it is tl'12 judg!nent of thO Council that said street be discontinuccl, cl.osed, alid vacated; NOW, TIIEREFORI@.@, SECTION I BE IT ORDAINED by L.lic, Council of tlie City of Virginia Beach, Virginia, that ttic hcreinafter described street be discontinued, closed, and vacated: old Holland Road beginning at a point at the North West corner of Lot 29, Block E, Section 1, Part Ilwo Windsor Oaks West said point being the intersection of the said Lot 29 and the northern corner of the .03 acres shown on that exhibit entitled property to be acquired by Larry L. and Kathryn A. Reiter from the City of Virginia Beach, from said point of beginning running S62039138"E along the southern property line of.the said Lot 29, a distance of 38.92 feet to a point, thence S62c)39,38,,E a distance of 89.27 feet along the sguthern property line of Lot 29 to a point, thence running S28"33'56"W a distance of approximately 67 feet to a point thence turning and running in a westerly direction along the southern edge of old Holland Road a dis8ance of approximately 128 feet to a point thence running N21 15122"E 66.72 feet to the point of beginning. 1 1986 - 29b - Said parcel of land being a portion of old Holland Road as indicated on that certain exhibit, which exhibit is recorded in the Clerk's office of the Circuit Court of the City of virginia Beach, virginia, in Map Book , at Page and which is made a part hereof by reference. SECTION II A certified copy of this ordinance shall be filed in the office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. SECTION III (CITY ATTORNEY WILL FILL THIS SECTION IN AT A LATER DATE) FINAL APPROVAL - January 13, 1986 - 30 - Item II-L-5 CONSENT AGENDA ITEM # 24803 Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City Council APPROVED: RAFFLE PERMIT: Bayside Junior High School Band Parents Association Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, *Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr. *VERBAL AYE - 31 - Item II-L-6 CONSENT AGENDA ITEM # 24804 Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City Council ADOPTED the Ordinance authorizing license refunds in the amount of $4,220.63 upon application of certain persons and upon certification of the Commissioner of Revenue for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, *Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr. *VERBAL AYE - 31a - FOFtM NO. C.A. 0 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME L icense Date Base Penalty lnt. Total Year Paid Covell, Cynthia & Kmiec, Michelle T/A Different Strokes 407 Fairfax Avenue, Apt. 101 Norfolk, VA 23507 1985 7/16/85 90,00 90.00 Day, Kenneth, etal T/A Columbus St. Associates 4701 Columbus St., S-300 Va. Beach, VA 23462 1981/85 Audit 2,552.84 2?552.R4 Destination Travel, Inc. Attn: Dennis E. Gordon P. 0. Box 62505 Va. Beach, VA 23462 1984/85 140.54 140.54 Certified as to Payment: @.XPAW frbe Vaughan Commissioner o Reve;V Approved as to form: r Dte Bimson This ordinance shall be effective from date of ity Attorney adoption. I The above abatemengs) totaling $2 , 783 . 38 were approved by the Council of the City of Virginia Beach on the 13 day of January .19 86 Ruth Hodges Smith City Clerk - 31b - FORM NO. C.A. 0 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME L icense Date Base Penalty lnt. Total Year Paid H. S. Gresham & Associates, Inc. P. 0. Box 68 Va. Beach, VA 23458 1984 57.82 57.R2 Hatjack, Inc. T/A Cards & Gifts Galore 2326 E. Little Creek Rd. Norfolk, VA 23518 1985 32.68 32.6P Southland Corporation T/A 7-Eleven #1016-23276 6365 Drew Drive Va. Beach, VA 23464 1984/85 1,346.75 1,346.75 Certified as to Payment: e Vaughan Commissioner of Reve Approved as to fgrm: This ordinance shall be effective from date of adoption. The above abatemenqs) totaling $1 , 437 . 25 were approved by the Council 13 January 86 of the City of Virginia Beach on the day of Ruth Hodges Smith City Clerk - 32 - Item II-M.l. UNFINISHED BUSINESS ADD-ON ITEM # 24805 Councilman Jennings referenced petitions delivered to his home in support of said Resolution. A motion was made by Councilman Jennings, seconded by Councilman Robert Jones, to ADOPT, as AMENDED*: A RESOLUTION DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO INVESTIGATE AND TO REPORT TO THE CITY COUNCIL THEIR FINDINGS CONCERNING THE MANNER AND METHOD OF DISPOSING OF THE CITY RIGHT-OF-WAY ACQUIRED FOR OLD DONATION PARKWAY. *In the second paragraph, line two, the words "may not be" shall be substituted for the words "is neither". The third paragraph beginning with the words "WHEREAS, the City Council..." shall be eliminated. In the fifth paragraph, fifth line, the word "could" shall be substituted for the word "should". Upon SUBSTITUTE MOTION by Councilwoman Creech, seconded by Councilman Baum, City Council TABLED: RESOLUTION DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO INVESTIGATE AND TO REPORT TO THE CITY COUNCIL THEIR FINDINGS CONCERNING THE MANNER AND METHOD OF DISPOSING OF THE CITY RIGHT-OF-WAY ACQUIRED FOR OLD DONATION PARKWAY. This Resolution was DEFERRFD until Council's concerns are addressed during which time the Staff will inventory rights-of-way and dedicated parcels. Voting: 7-4 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones and Meyera E. Oberndorf Council Members Absent: None - 32a - A RESOLUTION DIREC,RING THE CITY MANAGER AND ,rHE CITY ATTORNEY TO INVESTIGATE AND TO REPORT TO THE CITY COUNCIL THEIR FINDINGS CONCERNING THE r4ANNER AND METHOD OF DISPOSIN(; OF THE ci,ry RIGHT-OF-WAY ACQUIRED FOR OLD DONATION PARKWAY WHEREAS, in planning for Old Donation Parkway, tl)e City of Virginia Beach has acquired right-of-way for the proposed roadway, and WHEREAS, the City Council is of the opinion that the con4truction of Old Donation Parkway is neither advisable nor desirable, and that the said parkway should not be constructed, and WHEREAS, the City Council is of the opinion that the rignt-of-way which has been acquired for Old Donation Parkway .should be disposed of in a manner most advantageous to the City of Virginia Beach, and WHEREAS, full consideration should be given to disposing of the property of said right-of-way to contiguous ckdjacent property owners with the understanding that these will be nonbuildable parcels either through variance or any other ineans, and WHEREAS, prior to taking any action to dispose of the Sdid right-of-way, the City Council desires that the City Ma6ager dnd the City Attorney investigate and report to the City Council their findings concerning the manner and method in which the sai,i right-of-way should be disposed of, consistent with law. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the City Manager and the City Attorney are hereby directed to investigate and to report to the City Council their findin,js concerning the manner and method which the City Council should follow in disposing of the right-of-way which has been acquired for Old Donation Parkway. Adopted by a majority of the Council of the City of Virginia Beach on the day of 1986. GLF/ih/rab 01/03/86 (5) - 33 - Item II-M.2 UNFINISHED BUSINESS ITEM # 24806 ADD-ON Councilwoman Henley referenced a Bill introduced in the General Assembly which would allow Mobile Homes in Agricultural Zoned Areas and would prohibit any regulation by the local government. BY CONSENSUS, a RESOLUTION will be DRAFTED reflecting Council's position relative this issue. Janaur 13 1986 - 34 - Item II-N.l. NEW BUSINESS ITEM # 24807 ADD-ON Councilman Jennings and Henry Braithwaite, representing the City in connection with the Virginia Marine Resource Commission, as well as a representative of the Virginia Waterman's Association, reiterated the position of the NO WAKE TASK FORCE concerning "crab pots". Commercial crabbing is not permitted in the summer months in the lower area of the Chesapeake Bay. As a result of this restriction, there is considerable commercial crabbing activity which takes place in the inland waterways of the Lynnhaven River, Broad Bay, Linkhorn Bay, et cetera. The associated crab pots result in an obstruction and potential hazard to boaters, especially in the wide open water areas of Broad Bay. if commerical crabbing were permitted in the lower Chesapeake Bay from the Bridge Tunnel to Cape Henry from May First through September First each year, the crabbing activity could be curtailed in Broad Bay. For Forty-three years this Crab Sanctuary has been in existence. It is recommended that City Council support State Legislation to permit crabbing in the lower Chesapeake Bay in the summer months. If this State Legislation is adopted, restrictions can then be placed on commercial crabbing in Broad Bay and Linkhorn Bay. As the deadline for submitting legislation is January 21, 1986, individual Council Members, if they wish, may voice their support. Copies of correspondence concerning this issue were introduced by Henry Braithwaite and are hereby made a part of the record. - 35 - Item II-N.2 NEW BUSINESS ITEM # 24808 MOBILE VENDING Michael Barrett, Assistant to the City Manager for Resort Activities, and Timothy Barrow, Chairman of the RESORT AREA ADVISORY COMMISSION, presented guidelines for the formulation of a MOBILE VENDING concept at the Oceanfront. This shall be limited to one vending unit per newly constructed stub street parks at 13th, 14th, 20th, and the Norwegian Lady Plaza at 25th Street on an experimental basis for one season. The MOBILE VENDING REGULATIONS and REQUEST FOR PROPOSAL were outlined and distributed to Council. Same are hereby made a part of the record. Councilman Fentress advised concerning the REQUEST FOR PROPOSAL, the purpose should be more specific in indicating same would not be utilized on the boardwalk. Vice Mayor McClanan referenced Item X. PREPARATION GUIDELINES, Item 7. Leasing Agreement and XII EVALUATION OF PROPOSALS, Item 4. Leasing Agreement. These are two separate fees. Mr. Barrett advised same would be an option. Vice Mayor McClanan further referenced XI. SPECIFICATIONS, Item 2. Food. There was no referencing to the type of packaging of the food. Councilwoman Henley inquired as to how same can achieve the purpose of being sensitive to the needs of other related businesses in the resort area. Councilwoman Oberndorf advised she was in favor of this concept. Councilwoman Creech referenced a typographical error under VI. TERM in the REQUEST FOR PROPOSAL. BY CONSENSUS, City Council will consider ADOPTION of this RESOLUTION concerning the formulation of a MOBILE VENDING concept at the City Council Meeting of January 21, 1986. - 36 - Item II-N.3 NEW BUSINESS ITEM # 24809 ADD-ON POLICE FIRING RANGE Chief Charles Wall presented a plan to shif t the POLICE FIRING RANGE to a portion of CREEDS AIRFIELD. The POLICE FIRING RANGE has to be reconstructed due to the new development in the area. Some of the homes will be built within one hundred feet of the range. In the foreseeable future, classroom facilities are also envisoned. The new range could be constructed for approximately $270,000. BY CONSENSUS, City Council directed a PUBLIC MEETING to be SCHEDULED in Creeds and an Ordinance DRAFTED concerning the relocation of the POLICE FIRING RANGE. - 37 - Item II-N.4 NEW BUSINESS ITEM # 24810 ADD-ON BY CONSENSUS, City Council will SCHEDULE a Tentative Breakfast Meeting with the VIRGINIA BEACH SCHOOL BOARD on February 7, 1986, at 7:30 A.M. at a site to be determined. - 38 - Item II-0.1 RECESS INTO EXECUTIVE SESSION ITEM # 24811 In accordance with Section 2.1-344, Code of Virignia, as amended, and upon motion by Councilman Jennings, seconded by Councilman Robert Jones, City Council voted to RECESS INTO EXECUTIVE SESSION for discussion of Personnel Matters and Legal matters, after which to ADJOURN (5:10 P.M.) 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Voting: 11-0 * Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - 39 - Item II-0.2 ADJOURNMENT ITEM # 24812 Upon motion by Councilman Jennings, Seconded by Councilman Baum, City Council ADJOURNED the meeting at 6:15 P.M. Voting: 11-0 * Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal vote Beveriy-L, Chief Deputy City Clerk 'R h Hdges mi, City Clerk City of Virginia Beach Virginia