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HomeMy WebLinkAboutMARCH 7, 1995 MINUTESoF Vi girai "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Large VICE ~AYOR WILLIAM D SESSOMS JR At Large JOHN A BAUM Blackwater Borough LI~WOOD 0 BRANCtt II1 Vtrgzma Beach Bor.ugh ROBERT K DEAN Pnncess Anne Borough W W HARRISON JR, Lynnhaven Borough BARB4RA ~ HENLEY Pungo Borough LOUIS R JONES Bavszde Borough JOHN D MOSS At Large NANCY K PARKER At Large LOUISA lyf qTRA Y HORN, Kempxt, tlle Borough JAMES K SPORE City Manager LESLIE L LILLEY, C~ty Attorney RUTH HODGES SMITH CMC / AAE C~ty Clerk CITY COUNCIL AGENDA MARCH 7, 1995 281 CITY HALL BUILDING JVIUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9005 1804} 427 4303 INFORMATIVE SESSION A, S. C. - Council Chamber - CITY COUNCIL AGENDA Council/City Manager Rewew VIDEO ORIENTATION - (Conference Room TV) Richard Dyer, Television Engineer, Joint Cable CITY COUNCIL CONCERNS 12:00 NOON II. INFORMAL SESSION ko B, CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION - Council Chamber - 1:30 PM III. FORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf - Council Chamber - 2:00 PM B. INVOCATION: Reverend Joseph Green Grace Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS February 28, 1995 G. ADOPT AGENDA FOR FORMAL SESSION H. PUBUC HEARING 1. COUNCILMANIC ELECTORAL PLAN - HB 1593 I. RESOLUTIONS/ORDINANCES o Resolution to request the Director of the Virginia Beach Health Department continue to approve and participate in neighborhood rabies vaccination clinics. (Sponsored by Mayor Meyera E. Oberndorf) . Resolution to request the Circuit Court issue a Writ of Election to fill the vacancy in the Office of an At-Large School Board Member. . Amendments to the Resolution adopted June 14, 1994, authorizing the Department of Public Works' SPECIFICATION AND STANDARDS MANUAL. . Ordinance to authorize acquisition of property in fee simple for right-of-way for Lake Drive Sidewalk Installation (CIP 2-816); and, the acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation (VIRGINIA BEACH BOROUGH). . Ordinance appointing viewers in the Petition of the C~ty of Virginia Beach, Virginia, for the closure of a portion of a certain street known as Princess Anne Road, as shown on the plat entitled, "Resubd~vision of property of Ida Mae Malbon" (PRINCESS ANNE BOROUGH). J. APPOINTMENTS SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT SPECIAL FORMAL SESSION CITY COUNCIL CANDIDATE INTERVIEWS 2:30 PM Friday, 17 March 1995 CITY COUNCIL CHAMBER BUDGET/C I P PRESENTATION WORKSHOP WORKSHOP WORKSHOP PUBLIC HEARING WORKSHOP PUBLIC HEARING FINAL WORKSHOP BUDGET/C.I.P ADOPTION Special Formal Session BUDGET/C.I.P. REVIEW SCHEDULE Thursday March 30* 12 Noon Tuesday April 04 10 AM - Noon Tuesday April 11 10 AM - Noon Tuesday April 18 4 PM - 6 PM Thursday April 20 7 PM Tuesday Apnl 25 2 PM - 4 PM Tuesday May 02 2 PM Thursday May 04 9 AM -11 AM Tuesday May 09 2 PM Council Chamber Council Conference Room Council Conference Room Council Conference Room Larkspur M~ddle School Council Conference Room Council Chamber Council Conference Room Council Chamber If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 023/07/95cmd AGENDA\03-07-95.1TM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, V,rginia March 7, 1995 Mayor Meyera E. Oberndorf introduced Rtchard Dyer, Television Engineer, Video Services Department, who oriented City Council relative the new televising system in the City Council Conference Room. This system is shared with a similar video system in the Council Chamber. The two cameras work with low light and are high resolution. The cameras are remotely controllable. The shots selected will be those of the tndtvidual speaking. Presentations should be in an informal manner During Executive Sessions, the cameras will be tn a neutral position when the mute switch ts activated. In the "on position ", audio will be fed to the TV production room. In the "down or mute position ,, the audio feed is turned off. The blinds have been closed to control the hght level and the temperature. There is a mike for all the Members of City Council, the City Manager, City Attorney, City Clerk, and one at the podium. There is also a spare mike. The mike mixer in the TV productton room is automatic and state-of-the-art. The microphones are bent intentionally. There is a "press to mute, switch directly under the table tn front of each Council Member. If members need to converse wtth the individual next to them, press and hold the switch to mute one's own microphone However because the microphones are sensitive, the microphone of the individual on the opposite side could pick up the dialogue. A press feed is available with a circuit for four microphones. The conference room TV is also wired to the TV productton system as it is a shared system. The TV production room can also route Channel 48 feed to the City Council Chamber. If there is an overflow crowd of the guests in the Conference Room, others can watch the Conference Room activities in the Council Chamber. Concerning wardrobe, "black and white" on the same individual is hard for the camera to depict. Highly Saturated colors, i.e very bright reds come across on television in a "blooming' fashion Fine stripes and large pieces of reflecttng jewelry wdl make the camera dance. Relative the Council Chamber monitors, the first priority for the monitors is tape playback, with the one monitor by the window being rotated around for City Council to view. The second priority is to show presentations at the lectern and then graphics on the projection screen. After that, the priority wouM be to select the program posttion of what goes out over the airways. Mayor Oberndorf and City Council extended appreczaaon for the dedicated efforts of Video Services -2- ITEM # $8875 Mayor Meyera E. Oberndorf called to order the AGENDA SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, March 7, 1995, at 12:20 P.M. Council Members Present: John A. Baum, Ltnwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley. Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy I~ Parker Council Members Absent. John D. Moss Vice Mayor William D. Sessoms, Jr. Louisa M. Strayhorn [ENTERED: 12:18 P.M.] [ABSENT AS CHILDREN ARE ON SPRING BREAK/VACA TION WITH FAMILY] [ENTERED. 1:05 P M - CHANNEL 3 INTERVIEW RE URBAN LEAGUE] March 7, 1995 -3- AGENDA SESSION 12:20 P.M. ITEM # 38876 Councilman Moss inquired relative the Ordinance pertaining to TV/VIDEO f'dming of City Council Sessions: Ordinance to AMEND and REORDAIN Section 2-20 of the Code of the Ctty of Virginia Beach, Virgtnia, re time and place of regular meetings of City Council. The City Attorney advised Amendment of this Ordinance will be SCHEDULED for the City Council Session of March 14, 1995. ITEM # 38877 Mayor Oberndorf referenced the Resolution to request the Director of the Virginia Beach Health Department continue to approve and participate in neighborhood rabies vaccination clinics. (Sponsored by Mayor Meyera E. Oberndorf) (Item III-I 1. of Resolutions~Ordinances). Mayor Oberndorf advised after the agenda had been prepared and sent out, the City Attorney's Office received a memorandum from Assistant Attorney General Carol Nance, advtsing that she and counsel for the Board of Veterinary Medicine do not consider Section 3.1-796.100 to be enabhng authority for the City to conduct such climcs. The interpretation ts the only time Public Health can provide free inoculation clinics for rabies vaccinations is tn those places where licensed Veterinarians are inadequate to provide the need. Mayor Oberndorf advised she will pull the resolution from the agenda. Councilman Baurn requested all members of City Council be provided this information by the City Attorney Councilman Dean requested information relative the cost of the program and how this compared to the private sector rate. Assistant City Attorney Randy Blow advised, for the past several years the Virginia Beach Health Department, in response to an increastng number of reported cases of rabies, has approved and participated in neighborhood rabies vaccination clinics coordinated by the Tidewater Humane Society. Such clinics have been staffed by local Veterinartans, who have inoculated dogs and cats at a cost of $6.00 each. The Attorney General's office contacted the State Board of Health who advtsed the Virginia Beach Health Department and all other health departments, statewide, to &scontinue the sponsorship of neighborhood rabies chnics unless/unttl their local governing bodies, by ordinance or resolution, determine that such clinics were necessary The Ttdewater Humane Society contacted the Mayor requesting her sponsorshtp of such a Resolution The appropriate resolution was drafted. Late Friday afternoon, a fax was received from the Attorney General's office advtsing of the aforementioned Code Section 3.1-796.100. The State Board of Health wtll proceed with legal action against any Veterinarian who partictpates in a neighborhood chmc, as tt would be in violation of the State Board of Health regulations. Mayor Oberndorf advised there were fourteen (14) cases of rabies in the City in 1994 and twenty-eight (28) reported cases of rabies since 1992. Mayor Oberndorf believed this to be a health, safety and welfare issue. March 7, 1995 -4- AGENDA SESSION ITEM tt 38878 Council Lady Henley referenced Amendments to the Resolution adopted June 14, 1994, authorizing the Department of Public Works' SPECIFICATION AND STANDARDS MANUAL. (Item III-I. 1. of Resolutions/Ordinances). Council Lady Henley referenced Section 8.12 Drainage Facility Setback requirements. When this Manual was adopted, tt only required a five foot setback from any existing and/or proposed right-of-way lines of public streets and/or highways, if the pond is going to be less than eighteen (18) inches. Now dry ponds that are more than eighteen (18) inches, but less than sixty (60) inches shall be at least ten feet from all existing and proposed right-of-way lines of public streets and/or highways. Council Lady Henley believed this could be a problem being so close to the roadway. Councilman Moss believed the banks, no matter how they are sloped all tend to sink and slide over time. The sloping seems to always fail Kempsville and Lake James reflect slope systems that do not seem to hold up over time. The cttizens end up bulkheading their properties. Councilman Baurn advised the problem, relative the slopes, ts there is no distance before there is raw subsoil, which does not take seed very well, Item 3 will be pulled for John Herzke, City Engineer, to respond to concerns. ITEM ti 38879 Council Lady Parker referenced the Ordinance to authorize acquisition of property in fee simple for right-of-way for Lake Drive sidewalk installation permanent easements of right-of-way, either by agreement or condemnation (VIRGINIA BEACH BOROUGH) (See Item III-I. 4. of Resolutions/Ordinances). Councilman Branch advised the request was from the Pinewood Park Civic League and not the Shadowlawn Civic League. Councilman Branch has a copy of a letter from the President of the Civic League explaining their rationale for this sidewalk as a safety issue. Councilman Dean referenced correspondence of Clarence Warnstaff,, Dtrector of Public Utilities, relative this item. The last paragraph stated: '7 understand that subsequent to the November Fourth letter, condemnation proceedings have been inittated to obtain the property for the sidewalk." This item will be pulled and Clarence Warnstaff will respond to City Council concerns. ITEM ti 38880 The City Manager requested the Budget/Capital Improvement Program presentation be scheduled for March 28, 1995, rather than a Special Session of March 30, 1995. BY CONSENSUS, City Council concurred. March 7, 1995 -5- CITY COUNCIL CONCERNS 12:52 P24. ITEM # 38881 Council Lady Henley referenced RECONSIDERATION OF CONDITIONS in the January 8, 1991, approved Application of STERLING W. and BONNIE J. THACKER for a Conditional Change of Zoning from AG-2 Agricultural District to B-2 Community Business District at 3756 Indian River Road (KEMPSVILLE BOROUGH) AND, RECONSIDERATION OF CONDITIONS in the September 28, 1993, approved Application of R. H. ROSE for a Change of Zoning from I-I Light Industrial District to 1-2 Heavy Industrial Distrtct at the Southern extremity of Sykes Avenue for CARTER and DICK ROSE MATERIALS (LYNNHAVEN BOROUGH) (Scheduled for the City Council Session of March 14, 1995.) The Thacker application entails major reconsideraaons of an original proffer. Council Lady Henley was stdl unclear relatwe the Reconsideration process. The City Manager suggested the new policy format be utilized. The Director of Planning and the City Attorney shall describe reconsiderations in a standard policy format. If this needs to be changed, the City Council can then amend same to an acceptable form. The City Attorney advised Assistant City Attorney Macali has already initiated this process. ITEM # 38882 Councilman Moss again referenced the four-way stop in the location of the new movie theaters (Columbus Ix~op). This is a very unsafe situatton. Thts issue had previously been reiterated by Councilman Moss and he again requested City Staffs response to the sttuation. The City Manager advtsed a memorandum has been prepared citing 32 conflict points at this intersection and a restriping system has been developed to reduce thts to 19 conflict points, whtch is normal for this type of intersection. The proposal is to do thts restriping tmmediately and change some of the signage. If this helps, an analysis can be provided whether or not a stgnal is needed. ITEM # 38883 Councilman Moss had inquired during the City Councd Sesston of February 28, 1995, the dollar difference between the October Forecast for real estate revenues and the revenues forecasted by the Real Estate Assessor, as well as the savings derived relative to the Ordinances re Department of Mental Health/Mental Retardation FY 1994-1995 Operating Budget (ADOPTED February 28, 1995) The City Manager advised relative the real estate revenues in terms of the forecast the difference in revenue was $2,040,000. ITEM # 38884 Councilman Moss referenced the editorial tn today's newspaper, March 7, 1995, concerning Urban Partnership, the sharing of revenues and localiaes. The bottom line is st is not where people earn money that counts, it is where they spend rt. It ts in transactions that City's dertve revenue. The tone of the editortal made it appear that the commumaes were being victimtzed by having the families with school age children. USAA has gone to Norfolk, but many of the people live in Virginia Beach. In reality, Norfolk has been a net exporter of income for some t~me. Localities make money off what is spent, not where it ts earned unless there is a payroll tax. These analysis should be examined as economic relationships. March 7, 1995 -6- CITY COUNCIL CONCERNS ITEM # 38884 (Continued) Mayor Oberndorf advised the Urban Partnership was created by four cities who were searching a way to reduce their financial stress. They embraced the State Chamber of Commerce and it was concluded that when the stress (i.e. violence, poverty) occurs tn these four cities, this tends to spill over into newer more suburban areas. The proposal for this year will be a Mini-Summit in June; and, in July, the Urban Partnership will be adopting specifi'c legislatton. Thts legislation will include a possible redistribution of funding. Councilman Moss advised there is a difference between economic partnership and redistribution. ITEM # 38885 Councilman Baum referenced the article in the newspaper relative the House of Representatives passing a law affecting takings. There was a "blurb" relative his property and he wished to change one word. The family is not interested in developing the property, but selling it. ITEM # 38886 Councilman Branch referenced the Joint Session of the Planning Commission and City Council on March 21, 1995, and requested an agenda be reviewed at the City Council Session of March 14, 1995. City Councd should be directing the Planning Commission as to the Counctl's visitatton rather than the opposite way. Mayor Oberndorf advised thts meeting ts being tmtiated at the request of the Planning Commission as Chairman Cockrell had determined in hts review of the laws, the Planmng Commission was to present an Annual Report to City Council. Councilman Baurn believed the Planning Commisston needed to address information relative their tours of proposed applications. Information is not provided relative these tours. Councilman Harrison reflected concern of a citizen about speaking before the Planning Commission. citizen complained that he had been informed the Planning Commission's Public Hearing for the amphitheater was closed. ITEM # 38887 Council Lady Parker inquired concerning fireworks on the Fourth of July. Councilman Branch advised they will only be at Mount Trashmore, not the Occeanfront. A Fireworks competition will kick off the Boardwalk Art Show. March 7, 1995 -7- ITEM # 38888 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments. Boards and Commissions: Southeastern Hampton Roads Disability Services Board 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 couM affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Acquisition of Property - Celebration Station Upon motion by Council Lady Parker, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0' Council Members Voting Aye: John A. Baum, Ltnwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Nancy lC. Parker, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: V~ce Mayor William D. Sessorns, Jr. *Verbal Vote March 7, 1995 -8- FORMAL SESION VIRGINIA BEACH CITY COUNCIL March 7, 1995 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 7, 1995, at 2:00 P.M. Council Members Present: John A Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor Meyera E Oberndorf, Nancy IC Parker and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms INVOCATION: Father Harold J. Cobb, Jr. Grace Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 7, 1995 -9- Item III-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 38889 Upon motion by Councilman Baurn, seconded by Councilman Moss, Ctty Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executtve Session to which this certification resolution applies, AND, Only such pubhc bustness matters as were identifed tn the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council Voting: 10-0 Council Members Voting Aye. John A Baum, Linwood 0 Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, John D Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Loutsa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D Sessoms, Jr. March 7, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 38888, Page No. 7, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk March 7, 1995 - 10 - Item III-F. 1. MINUTES ITEM # 3889O Upon motion by Councilman Moss, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 28, 1995. Voting: 10-0 Council Members ["oting Aye: John A. Baum, Linwood O. Branch, III, Robert ~ Dean, Wilham W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor Meyera E Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent Vice Mayor William D. Sessoms, Jr. March 7, 1995 - 11 - Item III-G.I. ADOPT AGENDA FOR FORMAL SESSIOI~EM tt 38891 Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION AS SUBMITTED. Voting. 10-0 Counczl Members Voting Aye. John A. Baum, Ltnwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessorns, Jr. March 7, 1995 - 12 - III-H. 1 PUBLIC HEARING ITEM # 38892 Mayor Oberndorf DECLARED A PUBLIC HEARING: COUNCILMANIC ELECTORAL PLAN- HB 1593 The following registered to speak relative Governor Allen signing House Bill 1593: Captain Leslie K. Fenlon, 2224 Scallop Road, Phone: 481-2501. Maurice B. Jackson, 1125 Ditchley Road, Phone. 428-1470 Anthony Zontini, 209 69th Street, Phone 425-7360 Carolyn Lincoln, 1200 Sothebey Court, Phone: 467-0401 Edward F. Bacon, 2229 Ebb Tide Road, Phone. 481-2170 Sam Houston, Jr.. 1514 South Seabreeze Trail, Phone: 340-0956 Ben Krauss, 1456 Five Hill Trail, Phone: 486-3721 Captain Sheldon Corner, 325 Susan Constant Drive, Phone: 428-1731 Alfonso J. Strazzullo, 3120 Sand Ih'ne Road, Phone: 481-0024 Edward F. Usowsld, 553 Woodstock Road, Phone, 424-4116 G. William Buono, 3109 Lynnhaven Drtve, Phone. 481-1740 Wally Erb, 150 Cayuga Road, Phone' 497-7451 Elinor McElwain, 512 Lighthouse Point, Phone' 428-8264 John Moore, 421 Philbate Terrace, Phone 463-0776 Lou Pace, 1908 Hunts Neck Court, Phone 468-0925 Captmn Kenneth Gtmbert, 3811 Holly Dunes Lane, Phone: 422-6289 Alfred L. Wood, 172 Ih'newood Road, Phone: 428-3390 Richard Spadoccini, 650 Orangewood Drive, Phone: 340-4673 Al Balko, 2517 Inlynnview Road, Phone: 481-2345 Steve Hawthorne, 4512 St. John Court, Phone. 671-1026 Jim Pendergast, Virginia Beach Vision, Phone. 499-7003 March 7, 1995 - 13 - III- H. 1 PUBLIC HEARING ITEM # 38892 (Continued) Maxine Graham, 3057 Sandpiper Road, Phone: 721-3000 Bill Hardaway, 3658 Seagull Bluff Drive, Phone: 460-2651 Judy Connors, 3958 Whispering Oaks Place, Phone 464-3640 John Schwartz, Virgima Beach Chamber of Commerce, Phone 490-1223. Mr Schwartz represented the Chamber of Commerce and presented a letter reflecting the Chamber's positron. Said letter is hereby made a part of the record. R. Sidney Morecock, 205 50th Street, Phone; 428-4192 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 7, 1995 - 14 - Item III-I. 1. RES OL UTIONS /ORDINANCES ITEM # 38893 Upon motion by Council Lady Strayhorn seconded by Councilman Branch, City Council DEFERRED INDEFINITEL Y: Resolution to request the Director of the Virginia Beach Health Department continue to approve and participate in neighborhood rabies vaccination clinics. (Sponsored by Mayor Meyera E. Oberndorf) Voting. 10-0 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Lou~s R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Louisa M. Strayhorn Council Members l/oting Nay: None Council Members Absent. Vice Mayor William D. Sessorns, Jr. March 7, 1995 - 15 - Item III-L2. RESOLUTIONS/ORDINANCES ITEM # 38894 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION. Upon motion by Councilman Harrison, seconded by Councilman Moss, City Council ADOPTED: Resolution to request the Circuit Court issue a Writ of Election to fill the vacancy in the Office of an At-Large School Board Member. Councilman Moss requested the signed Judicial Order that was rendered be a part of the permanent record in the Minutes of the Cay Council. Voting: 10-0 Council Members Vottng Aye. John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Councd Members Absent. Vice Mayor William D. Sessoms, Jr. March 7, 1995 A RESOLUTION REQUESTING THE CIRCUIT COURT TO ISSUE A WRIT OF ELECTION TO FILL THE VACANCY IN THE OFFICE OF AT LARGE SCHOOL BOARD MEMBER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, pursuant to an Order of the Circuit Court of the City of Virginia Beach, entered February 22, 1995, Charles W. Vincent, the School Board member elected to an at large seat for a term of office commencing July 1, 1994, and ending June 30, 1998, forfeited his employment as School Board member; WHEREAS, Section 16.05 of the City Charter, as amended, provides that when a vacancy occurs in the office of an elected school board member, the vacancy shall be filled pursuant to Section 24.1-76 of the Code of Virginia, which has since been recodified in Sections 24.2-226 and 24.2-227; and WHEREAS, Section 24.2-226 provides that when a vacancy in a local elected office occurs after an officer begins his term, the governing body of the city within which the vacancy occurs "shall, within fifteen days of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy" at the next ensuing general election to be held in May which, in the case of the City of Virginia Beach, will be held in May of 1996. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, in accordance with the provisions of Section 16.05 of the City Charter, and Section 24.2-226 of the Code of Virginia, City Council hereby requests the Circuit Court of the City of Virginia Beach to issue a writ of election to the Secretary of the Electoral Board of the City of Virginia Beach, pursuant to Section 24.2-683 of the Code of Virginia, ordering that a special election be held on the same date as the general election in May of 1996, for the purpose of filling the vacancy in the office of at large School Board member previously held by Charles W. Vincent for a term of office commencing on the date upon which the person elected has qualified and ending June 30, 1998. 34 35 36 37 38 39 40 41 42 43 44 BE IT FURTHER RESOLVED: That the City Attorney is hereby directed to prepare, and file with the Circuit Court, the petition required by Section 24.2- 226 of the Code of Virginia. BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to transmit a certified copy of this Resolution to The Honorable Jerome B. Friedman, Chief Judge of the Circuit Court of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of March , 1995. 45 46 47 48 CA-5861 ORDIN\NONCODE\VACANCY. RES R-1 PREPARED: 03 / 01 / 95 EXHIBIT A VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF VIR~31NIA BEACH DATE: FEBRUARY 22, 1995 JUDGE: SHADRICK COMMONWEALTH OF VIROINIA %'8 CHARLES W. VINCENT, DEFENDANT SSN: 261-82-9395 DOB: 1/16/48 OFFEN$1~ SECTION UNETHICAL SOLICITATION OF A GIFT (9 COUNTS) 11-75; 11-80; 18.2-11 SENTENCING ORDER- CASE.NO.: CR94-3100 Court Reporter: C. Edwards This day came R. Humphreys, attorney for the Commonwealth, the defendant, in person, and A. Sacks, attorney for the defendant. The Court, on January 11, 1995, took the defendant's motion to strike the Commonwealth's evidence and the defendant's motion to set aside the jury's verdict under advisement. After considering the argument of counsel, the Court denied the defendant's motions. Before pronouncing the sentence, the Court inquired if the defendant desired to make a statement and if the defendant desired to advance any reason why judgment should not be pronounced. In accordance with the jury's verdict of January I !, 1995, the Court found the defendant GUILTY of Unethical Solicitation of a Gift (9 counts), misdemeanors, and ORDERS that the defendant pay a fine of $200.00 on each count, for a total fine of $1,800.00, and costs of $709.00. Pursuant to the provisions of § 11-80,.l:he Commonwealth moved that the defendant forfeit his employment, After hearing arguments of counsel, the Court granted the motion. The defendant's employment is hereby forfeited. · The Court granted the defendant's motion to stay the imposition of the defendant's fines and costs pending completion of his appeal to the Court of Appeals. DATE 9/7/94 CASE NO.: CR94-3100 The defendant, by counsel, having expressed an intention of applying to the Court of Appeals for a Writ of Error; It is ORDERED that the execution of the total fine of $1,800.00 and costs of $709.00 is suspended provided the appeal is timely prosecuted and the $2,509.00 appeal bond is filed as provided in §8.01-676.1(c) within 30 days of today. Further proceedings are continued to August 23, 1995. The Clerk shall send a copy of this order to the Office of the Commonwealth's Attorney and to A. Sacks, attorney for the defendant. - 16 - Item III-L3. RES OL U TIONS /ORDINANCE S ITEM # $8895 Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council ADOPTED, AS REVISED: Amendments to the Resolution adopted June 14, 1994, authorizing the Department of Public Works' SPECIFICATION AND STANDARDS MANUAL. *Section 8.0 (b) shall include in parenthesis the application is at the discretion of the Development Services Center (DSC). There shall be an analysis relative the spoil site set aside and whether or not there is a need.for an extra amount of the fee to asstst tn financing the acquisitton of spoil sites. The City Staff shall share concerns relative increasing setbacks and the slope requirements (4.1 versus 3.1 slopes) noting the pros and cons. Voting. 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessorns, Jr. March 7, 1995 Public Works Specifications and Standards B-36 Alternate pipe through face of curb .............. APPENDIX C B-36 MISCELLANEOUS STANDARD DRAWINGS C-1 Miscellaneous Standard Drawings .................. C-1 C-2 Standard permanent monument ...................... C-2 C-3 Standard pavement patching detail for flexible pavements ........................................ C-3 C-4 Standard pavement patching detail for rigid pavements ........................................ C-4 C-5 Alternative curb removal for residential entrances only ................................... C-5 C-6 Standard curb cut with splash block detail for drainage C-6 C-7 Va. Beach CG - 12 Modified ....................... C-7 C-8 Standard concrete slab over utility .............. C-8 C-9 Standard turn arounds for small sites ........... C-9 C-10 Standard outfall adjacent to wetlands ............ C-Ii Detail of group mailbox pedestal with sidewalk .... C-12 Detail of group mailbox pedestal without sidewalk C-13 Seven (7) year ground water fluctuation .......... C-14 Acceptable examples of well protection barriers .. C-t5 Alternate SideWalk Connection to Curb Detail,,.,,, C-~6 Nose down at approach end of median and Island.,,, l~2P~iX D TRAFFIC EN~INEERIN~ STANDARD DRAWINGS C-10 C-ii C-12 C-13 C-14 C-15 C-16 D-1 D-2 D-3 Traffic Engineering Standard Drawings ............ D-1 Standard handhold for traffic signal instructions and maintenance ..................... D-2 Typical Commercial Entrance ...................... D-3 Page xviii Table of Contents Public Works Specifications and Standards APPenD_ IX E-1 E-2 E-4 E-5 E-6 E-7 SITE PL~.N, SUBDIVISION AND CONSTRUCTION TABLES,GENERAL NOTES & CHECK LISTS Subdivision & Site Development General Notes ..... E-1 Storm Drainage Design Outline .................... E-ii E-9 Preliminary Subdivision Review Check List ........ Subdivision & Construction Review Check List ..... E-21 E-27 Site Plan Review Check List ...................... E-35 Final Plat Review Check List ...................... E-42 E-8 Land Management Plan Review Check List ........... Chesapeake Bay Preservation Area Check Lists and Application for Plan Review E-10 Traffic Engineering General Notes ................ E-ii Rainfall Intensity Chart (Rational) for Virginia Beach ............................... E-12 Precipitation Values for Virginia Beach .......... E-13 Rainfall Intensity Chart (SCS Type II) for Virginia Beach ............................... E-14 Design Tidal Elevations .......................... E-15 Drainage Structure Minimum Depth ................. E-16 Standard Interior Dimensions for Drainage Structures .............................. E-17 Standard Throat Lengths for Drainage Structures .. E-18 City of Virginia Beach - Acceptable Stone for Infiltration Best Management Practices (BMP) Use ........................................ E-19 City of Virginia Beach - Acceptable Non-Woven Fabrics for Best Management Practices (BMP) Use .............................. E-44 E-46 E-59 E-66 E-70 E-71 E-77 E-78 E-80 E-82 E-84 E-85 Page xxiv Table of Contents Public Works Specifications and Standards SECTION 2.10 Street Name Signs SECTION 2.10.1 General Street name signs installed per approved Traffic Engineering plans dated after ~"~" ~ ~ ~S5 will January 1995 shall meet the following criteria when fabricated: b) Blades shall be fabricated in one of the following three manner $: 1. Blades will be covered with background of ~3997 green 3M VIP prismatic Grade Reflective Sheeting (or approved equal), lettering shall be capitol series C or D, Cut from white 3M #3990 VIP Prismatic Grade Reflective Sheeting (or approved equal). ~ Blades shall be covered with a background of ~3990 white 3M VIP Prismatic ~rade Reflective Sheeting (or approved equal), lettering shall be capitol series c or D, cut from green ~1177 3M Electronic CUttable Film in a reverse me~hod. Blades shall be covered with a background of #3990 white 3M VIP Prismatic Grade Reflective Sheeting (or approved equal), lettering shall be capitol series C or D, silk screened with #888 3M Process Color in a reverse screen method. Street name blades dimensions shall be one of the following'. 24", 30" , 42", or 48" horizontal by either 9" or 12" vertical for groUnd mount installations and mounting on traffic signal poles; 60", 72" , 84" or 96" horizontal by 18" vertical for installation on traffic signal pole mast arms. Page 2 - 10 Materials Public Works Specifications and Standards preassembled Endurion Holo-Torc Finish Socket Set screws with self-locking Holo-Knurl point. b) Bracket to post (post cap) shall attach firmly on two inch (2") standard pipe (2 3/8" OD) by means of three (3) set screws spaced 120 degrees apart through a wall section having a minimum of 0.270 inch thickness. All set screws shall be 5/16" in diameter. The bracket shall be designed with heavy angle gussets or ribs on each side for extra support. The sign blades to post cap shall be secured by two (2) 5/16" diameter set screws through a wall section having a minimum thickness of 0.312 inches. The minimum length of the blade slot shall be five inches (5") long. The set screws may be on the same or opposite sides of the sign blade slot. Traffic Safety model #808EX post cap with lock feature will be utilized. c) Blade to blade bracket shall be a 90 degree or 45 degree "X" type, with similar minimum requirements as stated above. Traffic Safety model #808EX cross piece with lock feature will be utilized. SECTION 2.10.6 Specifications for Ribback Sign Post a) Ribback post shall be Hot-Dipped galvanized, "U" shaped channel, 2 lbs./foot, 3/8" holes punched 1" on center, with pointed ground end, Franklin Steel # 740, or equal. b) Ribback sign post are available in 7, 10 and 12 foot sections. c) Under normal operations a 7' rib back will be used to install SSRD'S and other road edge delineators. d) The 10' and 12' ribbacks are commonly used to install No- Parking signs. ..... spc~f~t.,.,.,,, covers ~ ................ f~ ..... t~l · ... 4 ~-,.,.., ,-.. 44-1, LI-~'.A..L.O.ALI%..4 ~ provide a ~t ~I'~ s~f .......... sago. Page 2 - 12 Materials Public Works Specifications and Standards w/ A% Materials Page 2 - 13 Public Works Specifications and Standards SECTION 2.11 VIP Prismatic Lens Reflective Sheetinq Material .SPecification .for. P. ermanent Si_~n Panels a) D~s~oription b) c) d) This specification covers permanent traffic control signs with a flexible, colored, wide angle visual impact performance prismatic reflective sheeting material used to provide a retroreflective surface or message. · Unless otherwise specified on the plans, the permanent signs listed in TABLE II - 3 shall have visual impact performance prismatic lens type retroreflective sheeting, 3M Series f3990 or approved equal. Ail other permanent traffic control signing shall have sheeting material as specified in Section 701 of the Virginia Department of Transportation Road and Bridge Specifications and amended by the city DPW/Technical Specifications. Gene~ral The retroreflective sheeting shall have a smooth surface with a distinctive interlocking diamond seal pattern and orientation marks visible from the face. The sheeting shall be precoated with a pressure sensitive adhesive backing protected by a removable liner. 2~ Letter, numerals, arrows, symbols, borders and other features of the sign message shall conform to the requirements of the plans and the MUTCD. ~ Signs with black letters on white, yellow or orange backgrounds shall have the stroke width increased approximately 15% for Series B, C and D letter widths. The widening of the stroke shall be to the inside of the letter. Signs with white letters on green, blue or brown backgrounds shall be fabricated in accordance with one of the following three practices: use standard E modified letters with increased spacing of 15% to 20%. . Use unmodified letters at increased spacing or at standard interstate letter spacing. 3. Reduce the stroke width, i.e. D to C. The space from the top and bottom borders or from the vertical Page 2 - 14 Materials Public Works Specifications and Standards borders should be equal to the upper case letter height used in adjacent lines of copy to 1-1/4 times the upper case letter height. The space between lines of copF should be equivalent to the upper case letter height used in adjacent lines of copy, e) Ph¥ s ica 1 ~.Requirements Coefficient of Retroreflection, Ra, shall not be less than the minimum values specified in Table II - 2. Testing shall be in accordance with ASTM E 810, TABLE II - 2 X Y X Y X T,~:~,,,,~ ~.305 ~.o~ ~n5 0.3=~ ~.n 3g~ ~.~ 0.37=~ ~n~ O.~nO~ n~.BiO 0.59~ ~n.2"~ ~ ~rn 0.241 ~,,~ ~ ~o ~ ~I O.~=~ ~ 22~ ~ ~i0 0 · ~0 ~ai~ ~ ~ALt~AA~AA ~ ~ · /,% ,-,. ~ 4 800 ,~,~,,~ 215 43 f'~ ~ L'~ ...... 400 n ~ ~45 145 '~ = 4 200 "= "'-' ~,~0 45 9.8 ~-~= ~45 75 ~=0 18 2 · 8 ~ = ~0' ~ ~ ~.~ 30 20 ~. ~ 2 .0 __ Materials Page 2 - 15 Public Works Specifications and Standards 0.2 +30 130 0.5 ~30 70 Page 2 - 16 Materials Public Works Specifications and Standards ow ..... ~ .................................................. ASTM ~- - ~ YIELD SPEED LTM ~"~ °~ AHEAD ~ ~'~ PASS n~ ~,~ ENTER TJ~T~ nT~,T~ uT~UT.?~ CROSSING T~I -- l w · ..,L T,~-I_-, ~0 6 T,7'1 I~ 'l- ,-~ ~t T,?l __ O T,? "~ I I ~ ~ 5 '"~ -la T,7") I '") T,7 A __ "! T,? (5 I '1 T,? ("J __ ri fl -x~1, f el ..,, -&. f i'1 ..J' T,30 _ ~ ! ~ ,,..,, ,j T,TO __ )I '"' 3-1 T,?. 4-2 ~'?' 4-3 Materials Page 2 - 17 Public Works Specifications and Standards TABLE II - 9_ Minimum CoefZicient of Retroreflection (candelas per lux per meter squared) 0bse=vation Entrance Angle {deg.} Angle (deg.) White Yellow Green Blue 0.20 -4 430350 45 20 0.33 -4 300250 33 15 0.50 -4 250200 25 1.00 -4 80 65 10 0,20 30 235190 24 11 0.33 30 150130 18 0.50 30 170140 19 7 1 · 00 3 0 50 40 $ 2 · 5 TABLE II - 3 Permanent Signing Requiring VIP Sheeting REGULATORY STOP RI-1 YIELD R1-2 SPEED LIMIT R2-1 REDUCED SPEED AHEAD R-Sa TURN PROHIBITION SIGNS R3-1, R3-3 U-TURN PROHIBITION SIGNS R3-4 LANE USE CONTROL SIGNS R3-5 to R3-8 TWO WAY LEFT TURN ONLY SIGNSR3-9 a, R3-gb DO NOT PASS R4-1 KEEP RIGHT/LEFT R4-7/R4-8 DO NOT ENTER R5-1 WRONG WAY R5-9 ONE WAY R6-1, R6-2 DIVIDED HIGHWAY CROSSING R6-3, R6-3a TRAFFIC SIGNAL SIGNS R10-5 to 12 ROAD CLOSED Rll-2 to 4 TRAFFIC SIGNAL SIGNS ROAD CLOSED R10-5 to 12 RI1-2 to 4 WARNING TURN SIGN CURVE SIGN LARGE ARROW SIGN WI-1 W1-2 to 5 W1-6 to 7 Materials Page 2 - 19 Public Works Specifications and Standards CHEVRON ALIGNMENT SIGN INTERSECTION SERIES STOP AHEAD (SYMBOL) YIELD AH~ (SYMBOL) SIGNAL AHEAD (SYMBOL) HERGE SIGN ADDED LANE W1-8 W2-1 to 5 W3-1a W3-2a W3-3 W4-1 W4-3 LANE REDUCTION TRANSITION SERIESW4.-2, W9-1, W9-2 DIVIDED HIGHWAY SIGN (ENDS)W6-1, W6-2 TWO WAY TRAFFIC SIGN PAVEMENT ENDS SOFT SHOULDER ADVISORY SPEED PLATES DEAD END NO OUTLET NO PASSING ZONE W6-3 W8-3 W8-4 W13-1 W14-1 W14-2 W14-3 STREET NAME SIGNS ~UIDE ~3 SECTION 2.12 Specification for Temporary Traffic Siqn Panels Covered with Fluorescent Oranqe Prismatic Lens Type Retroreflective Sheeting Material. a) Description This specification covers temporary traffic control signs with a flexible, colored, wide angle prismatic reflective sheeting material used to provide a retroreflective surface or message. Unless otherwise specified on the plans, all temporary traffic control signs furnished in conjunction with the maintenance and protection of traffic through areas of construction and detours shall have fluorescent orange prismatic lens type retroreflective sheeting. b) General The retroreflective sheeting shall have a smooth surface with a distinctive interlocking diamond seal pattern and Page 2 - 20 Materials Public Works Specifications and Standards CHAPTER $ PAVENWNT DESIGN SECTION 5.0 General Ail pavement designs shall be certified by a licensed professional engineer and shall conform to the criteria listed within this chapter as applicable. SECTION 5.1 Method of Determining Traffic Volumes For the purpose of determining traffic volumes, average trips per dwelling units of vehicles per day shall be used. Traffic generation shall be determined by multiplying the average twelve (12) trips by the number of dwelling units to be served by the street to be designed. A collector or arterial street shall be designed by using the sum of traffic generated by local or intersecting streets. A minimum ten percent (10%) truck traffic for industrial and commercial streets, seven percent (7%) for major collector and arterial streets of 4 lanes or wider, and five percent (5%) trucks for all other streets shall be used in the design of new d tructed pa ent ~"~"~-~ ......... an recons vem .......... , reconstructed. For design purposes one (1) truck shall equal 11,300 cars, where not otherwise specified by a particular design method. SECTION 5.1.1 Pavement Design Methods and Life The AASHTO method of determining pavement design shall be used for major roadways when the traffic volume is greater than 5,000 vpd. For minor roadways, the Vaswani Method or the Asphalt Institute MS-1 Method will be acceptable when the traffic volume is 5,000 vpd or less. Pavement life within the geographical boundaries of the City of Virginia Beach shall be designed as follows: Major roads Minor roads 35 years 35 years The following growth rate for pavement design shall be used unless a different growth factor is substantiated. Pavement Design Page 5 - 1 Public Works Specifications and Standards Minor Collector Streets (2 lanes) .......... 5% SU~i~iSiOn or Residenti~I T~ou~h S~ree~s, 4% Su~ivision ~r Residential L~ Streets .... 3% SECTION 5.2 Design Wheel Loads Pavement design shall be based on the following wheel loads: (a) Minor streets .................... 12,000 lbs (b) Collector streets ......... 12,000 lbs (c) Major collector & i~us%~ial ] 12,000 lbs (d) Arterial streets (80' R/W) ....... 15,000 lbs (e) Arterial streets (90' - 110' R/W) 18,000 lbs SECTION 5.3 Soil and Subgrade Requirements Ail soil and subgrade information shall be evaluated by the engineer prior to design of pavements. Soil and subgrade information as specified in Chapter 4 entitled "Geotechnical Information & Design", shall be submitted to the City to substantiate the pavement design prior to plan approval in accordance with these criteria. Local materials that under normal conditions may be unsatisfactory for use in construction may be acceptable when stabilized with lime, cement, or geogrids in accordance with these standards and criteria. For other than condominium, apartments and private parking (on site) ~~ ~-ign ~~ ................ a a minimum CBR value of 9 on the subgrade support soils has been assumed. Where subgrade support soils indicate a CBR value of less than 9, the design should include a method for stabilization and proper support either through the use of geogrids or removal by undercutting or by lime or soil cement stabilization. Where field conditions indicate further selective areas of poor or yielding subgrade upon exposure of the sub~rade, these substandard areas shall be e~ undercut to provide for additional subbase, base, or select material (in compliance with Section 2.5 and/or 2.6 of this manual) as directed by the Department of Public Works. a~-t-heAs an alternative to undercutting, the Department of Public Works w~ may require raising the CBR value to a minimum of 10 by stabilization of the subgrade soil with lime or cement. The stabilization of subgrade shall be to a depth as Page 5 - 2 Pavement Design Public Works Specifications and Standards established by VDOT publication Virginia's Method of Conducting CBR Test and Designing Flexible and Rigid Pavements (1952), or other acceptable method. When the CBR values of a soil are low (between 2 to 8), rather than using the maximum soil support factor of 3 automatically; the soil shall be classified using the Vaswani Method to determine the correct soil support factor. Also, two-thirds (2/3) of the average CBR value shall be used for the old VDH&T's wheel load method, the Vaswani Method and the Asphalt Institute Method of pavement design instead of the average CBR value. VDOT indicated that their nomographs were intended to be used with a two-thirds the average CBR since the procedure for soaking a soil sample may not be long enough to give a representative soaked CBR value of the soil in its native condition. A minimum of five (5) samples is required for design purposes, with a minimum one CBR test for each cul-de-sac. Ail open graded beach type sand shall be removed and root material %" diameter and larger and/or root mat (organic material) as directed by the Public Works Civil Inspector. a) Definition Group Index (GI) GI = (F-35)[0.2+0.005(LL-40) ]+0.01(F-15) (PI-10) where: F = percentage passing 0.075 mm (No. 200) sieve, expressed as a whole number. (Do not include material larger than 3 inches) LL = Liquid Limit PI = Plasticity Index b) General information and guidelines for subgrade soils The following soils generally provide a good subgrade: Soils in groups GW, GP, GM, GC, SW, SP, SC (with CBR > 10), and SM (Unified Soil Classifications) Soils in groups A-i, A-2, A-3, A-4 (with CBR ~ 10), (AASHTO & SCS Soil Classification) Pavement Design Page 5 - 3 Public Works Specifications and Standards Soils in groups OL,,MH, CL, ML, SC (with CBR < 10),OH, and Pt (Unified Soil Classification) Soils in groups A-4 (with CBR < 10), A-5, A-6, and A-7 (AASHTO & SCS Soil Classification) High elasticity and poor subgrade support leads to fatigue cracking of pavements. If test on the items listed below are beyond the limits specified then subgrade removal of minimum of 12" will generally be required or subgrade stabilization must be designed, unless the City review engineer deems this unnecessary due to other means of handling a particular unsuitable soil situation: Recommended Values Group index values ~ 13 CBR (soaked @ 95% max., k 8 compaction, 24 hrs. min. > 10-4 Permeability Standard boring spoon penetration Shear strength Subgrade modulus Unconfined compressive Strength (for cohesive (soils) Particle size analysis Liquid limit Plasticity index Organics > 4 blows/foot for clay > 169 lb/ft2(27~N/cm3) (0.40 k. g~ cm" >_ 100 lb/in- > 317 lb/ft2 (0.75 kg/cra2 35% silt and/or clay with remainder being sand k 65% 50 30 5% (depending on depth) Moisture density test using Standard Proctor The professional soils engineer who performs these tests shall recommend a method of subgrade stabilization to the City as applicable. Ail pavement designs will include subgrade testing (in accordance with AASHTO, ASTM and/or VTM standards and every 500 feet/2 lanes). CBR tests must be performed in accordance with Section 4.3 and to be run only for 95% compaction. If the subgrade can not be compacted to 95% due to high moisture content, etc. then the subgrade must be stabilized or undercut. Compaction and proof-roll of subgrade and aggregate Page 5 - 4 Pavement Design Public Works Specifications and Standards SECTION 5.4 Pavement Design Criteria SECTION 5.4.1 Rigid Pavement Rigid pavement design criteria shall conform to the provisions of the Portland Cement Association's Bulletin HB-35, in conjunction with the VDOT publication Virginia's Method of Conducting CBR Test and Designing Flexible and Riqid Pavements (1952), AASHTO pavement design method and the following: a) Modulus of subgrade reaction, K = 200 at CBR = 10. b) Modulus of rupture of concrete (28) days = 651 psi. The average percentage of trucks shall be assumed as follows: Ten (10) percent on industrial streets Seven (7) percent on major arterial highways (4-lane undivided or larger) Five (5) percent on all other streets and collector streets. SECTION 5.4.2 Flexible Pavement Flexible pavement design criteria shall conform to the provisions of the VDOT publication Virginia's Method of Conducting CBR Test and Designing Flexible and Rigid Pavements (1952), and the following: a) Ail surface courses for flexible pavements shall be either VDOT Type SM - 2A asphalt concrete and shall have a minimum thickness of one and one-half (1½) inches or shall be SM - 2C with a minimum thickness of two (2) inches. SM-2C is suitable for high volume roadways only. All intermediate binder mix courses shall be either VDOT IM-1A or IM-1B with a minimum thickness of two (2) inches. All bituminous base courses shall be either VDOT BM - 2 or BM - 3 with a minimum thickness of three (3) inches. b) The materials substitution ratios shall be as follows, unless otherwise specified by the pavement design method used: I · Two and one tenth (2.1) inches of untreated compacted VDOT Type I or Type II aggregate for one (1) inch of bituminous concrete; a Page 5 - 8 Pavement Design Public Works Specifications and Standards sidewalk and concrete curb and/or drainage structures placed 16" on center, or a ledge shall be provided in accordance with drawing ~C-15. d) The City will require construction of bikeways when the bikeway passes through or adjacent to developing property and that development generates a need for the bikeway. This requirement can only be waived by the City Manager. SECTION 6.3.2 Beach Borouqh Sidewalks The purpose of this section is to provide guidelines for requiring the construction of sidewalks in the Beach Borough. This section shall cover all sidewalks in the Beach Borough. a) Ail sidewalks shall be installed in accordance with the current Virginia Department of Transportation and the City of Virginia Beach Standards and Specifications. b) The north-south street sidewalks for Arctic Avenue, Pacific Avenue, and Atlantic Avenue between Rudee Inlet and 45th Street shall be a minimum of eight ($) feet wide. c) The east-west street sidewalks for Norfolk Avenue, 17th Street, 19th Street, 24th Street, 31st Street and 40th Street between the boardwalk and Arctic Avenue shall be a minimum of eight (8) feet wide. d) Ail sidewalks in the Beach Borough shall be installed monolithically with the curb unless sufficient engineering reason exists which would dictate that this is not practical. e) Any variance to this policy must be approved by the Director of Public Works. Incidental Concrete Construction Page 6 - 21 Public Works Specifications and Standards STORM WATER MANAGENRNT SECTION 8.0 General a) The storm water management and storm drainage design criteria for open and closed drainage systems shall generally conform to the applicable provisions of the Virginia Department of Transportation Drainage Manual (1980), the ASCE Manual of Engineering Practice No. 37, Design and Construction of Sanitary and Storm Sewers (June 24, 1958), Virginia Erosion and Sediment Control Regulations, (1990), the Virginia Erosion and Sediment Control Handbook, third edition, (1992), and applicable publications of the Federal Highway Administration. b) Storm water management and best management practices shall be incorporated into the design of all storm drainage in accordance with the City of Virginia Beach Storm Water Management Ordinance, and the Storm Water Management Guidance Manual, (February 1993), which is included in Appendix F; and the Bes%..Manag.~m~Dt Practi.c~s. Design Gu.~dance Manual for Hampton Roads, prepared by the Hampton Roads Planning District Commission, dated December t991, may be used as a guideline. c) Ail storm sewer drainage systems shall be designed to be in accordance with the Stormwater Management Ordinance; and must restrict the developed flows to pre-existing conditions. d) The City of Virginia Beach has developed a City Storm Water Management Study which includes the final master plan reports and remedial action plans for the major watersheds within the city. The Engineering Division of Public Works encourages all engineers to peruse the associated master plan report to obtain information which may be useful in the design of the storm water management plan for their particular site. e) Ail Storm Water Management facilities for Best Management Practices (BMPs) are subject to Best Management Practices Reinspection and Monitoring Program. f) On all Storm Water Management facilities and Best Storm Water Management Page 8 - 1 Public Works Specifications and Standards Management Practices the owner shall obtain from the city of Virginia Beach and complete a "BMP Maintenance Agreement - for Storm and Surface Water Facility and System Maintenance". Upon completing the BMP Maintenance Agreement, the owner must record the agreement in the Clerk of Circuit Court in the City of Virginia Beach, Virginia. See Section 10.11 for the agreement. SECTION 8.1 Conformance Standards a) Ail underground storm sewers and open drainage ways shall be constructed according to the applicable provisions of Divisions II, III, IV, V, and VI of the Virginia Department of Transportation Road and Bridge Specifications, (1991) and the Virginia Department of Transportation Road and Bridge Standards, (1993) and the standard drawings included in Appendix A and B of this manual. b) VDOT storm drainage inlets and curbs and gutter shall be used unless otherwise directed or approved by the Department of Public Works or the city Engineer, or his designee on all right-of-ways greater than 60 feet. SECTION 8.2 Precast Drainage Structures If precast storm drainage structures, other than City of Virginia Beach or VDOT standards, are utilized, shop drawings with proper certifications, must be submitted to the Department of Public Works approval. SECTION 8.3 Improved Properties Drainage Storm drainage of improved properties shall be designed to be adequate for the type of improvements proposed and to be designed to adequately handle the existing and projected upstream storm water runoff based on City standards and in such a manner as not to have detrimental effect on the properties of others (upstream or downstream) or the public rights-of-way. Current land use (available in the City Planning Department) shall be used for the establishment of runoff coefficients for the computation of storm water quantities. Where a conflict may exist, the highest coefficient shall be used. Drainage systems that intercept the drainage of public right-of-way shall be designed in accordance with the current publication of the Department of Public Works Page 8 - 2 Storm Water Management Public Works Specifications and Standards Specifications and Standards, and Section 8.10 (Downstream Drainage) and all necessary easements dedicated to the City of Virginia Beach. SECTION 8.4 Storm Drainage Structure Information Size, slope, invert and rim elevations of all proposed and existing storm drainage pipes and structures in the vicinity of the site shall be shown on the plans. (a) The minimum storm drainage pipe or culvert diameter in the city right-of-way or drainage easement shall be fifteen (15) inches. Where appropriate, an eight (8) inch pipe may be used when conditions dictate such as at the shallow end of the system. (b) The minimum storm drainage pipe or culvert diameter on-site, for means of restricting storm water runoff flows off site shall be six (6) inches. (c) Storm drainage structures are required to be placed in the storm drainage system such that the pipe distance between each structure is a maximum of 300 feet for storm drainage pipes less than 48" in diameter. For pipes 48" in diameter and greater the maximum distance between structures shall be 400 feet. SECTION 8.5 Storm Drainage Calculations Ail drainage calculations and drainage area maps shall be submitted to the City at the same time as with the submitted plan. SECTION 8.6 Storm Frequency Design criteria The design of storm drainage systems shall be based upon the following criteria: a) The "Rational Method" or other acceptable method shall be used to determine the peak storm water run-off from any site less than 200 acres. Sites greater than 200 acres should use methods such as SCS TR-55, etc. b) The intensity-duration-frequency curve for Norfolk, Virginia in the Virginia Department of Transportation Drainage Manual (1980), shall be Storm Water Management Page 8 - 3 Public Works Specifications and Standards used to determine the rainfall intensity in conjunction with the Rational Method, and as included in Appendix E (Rainfall Intensity Chart). c) The time of concentration shall be computed in accordance with the Virqinia Department of Transportation Drainaqe Manual (1980), using the Kinematic Wave Formula. d) The determination of pipe capacity should be based upon "Mannings Equation" with subsequent backwater equations, or other methods acceptable to the city. e) Coefficients of runoff to be used are as follows, unless site specific calculations are made: TABLE VIII - 1 Runoff Coefficients Area Classification Runoff Coefficient Business, Industrial & Commercial Apartments & Condominiums Schools Residential (Lots 7,500 to 10,000 sq.ft.) Residential (Lots 10,000 sq.ft, to 1/2 acre) Residential (Lots 1/2 acre or more) Parks, Cemeteries, and Unimproved Areas 0.90 0.75 0.55 0.40 0.35 0.30 0.20 f) Storm sewer drainage system capacities shall be designed for rainfall events having a ten (10) year recurrence frequency for streets, site plans, and subdivisions; except where the area involved is in excess of %we three .hundred (300)..~..~~--~~ ~vv,'~' acres, the rainfall return shall be increased to a twenty-five (25) year recurrence frequency. For all watersheds in excess of five hundred (500) acres, a 50 year recurrence frequency shall be used. g) Ail subdivision and site plan storm drainage calculations, for detention systems, should be computed on a minimum of a twenty-four (24) hour storm event. h) Inlets on private and public streets shall be sized and spaced so as not to exceed a spread of ten (10) feet in the street (immediately up stream of the inlet) based on 3.5 inches per hour. Illt~t Page 8 - 4 Storm Water Management Public Works Specifications and Standards capacities for four-lane divided highways and larger roadways shall be checked on grade (immediately up stream of the inlet), in a sump (immediately up stream on both sides of the inlet as well as in front of the inlet), based on 6.5 inches per hour. See the "Drainage Outline" in Appendix E. ±) Ail subdivision lakes and residential retention areas must be designed such that the 100 year storm event rise is not higher than the floodplain elevation shown on the floodplain maps adopted by the City, unless the existing ground of the subdivision where residential houses are to be built, is a minimum one (1) foot above the floodplain elevation as shown on the Federal Emergency Management Agency FIRM maps. A note shall be added to the plans that no basements shall be built or the lots lowered in any way. J) Ail wet storm water retention systems shall be a minimum five (5) feet in depth with a two (2) foot over dredge; for a minimum depth of seven (7) feet. An as-built certification of the depth, by a Virginia P.E. or C.L.S., shall be submitted to the city for review and approval at the time of request for release of final bonds. k) The following are the accepted "n" factors for storm sewer pipes and culverts in the City of Virginia Beach: TABLE VIII - 2 Storm Sewer Pipe "n" Factors Concrete ..................................... 0.013 PVC ribbed or corrugated sewer pipe (smooth interior) .............................. 0.011 Polyethylene double wall pipe (smooth interior) .............. 0.013 Steel and aluminum spiral ri~ ~i~ .... 0.013 Fully asphalt or concrete lined steel pipe ... 0.013 Corrugated steel and corrugated aluminum pipe - (see table below) Storm Water Management Page 8 - 5 Public Works Specifications and Standards restrict flows using a minimum pipe size of six (6) inches in diameter with VDOT~j~ ~ .... I or II, ..... ~ ~ AUrA #8 or #57 aggregate or similar restriction aggregate overlayed with #3 BMP aggregate with a minimum ½" x ½" hardware cloth attached to the pipe opening. Darcy's Law applies to storm water infiltration systems. q = kiA where; q = volume of flow passing through the stone measured in cfs k = permeability coefficient of the stone (see table below) i = hydraulic gradient~'~~~,,~, ~--~.~ ~-~ icn~th) (slope Of groundwater or water surface through the media) A = cross-sectional area of stone TABLE VIII - 3 Typical Ranges of Permeability for Different Soil Types Sod Type Clean gravel Clean sand, sand and gravel mixtures Relative Degree of Permeability k, Coeff. of Permeabd~ty (cm/sec) Drainage Propertms High 1 to 10 (avg = 5) Good Medium I to 10.3 (avg = 10-2) Good Frae sands, silts Sand-s~lt-clay mixtures, glacial tills Low 10'3 to 10-5 Very Iow 10-4 to 10'7 Fmr through poor Poor through practically impervious Homogeneous clays Very low to Less than practically 10.7 ~mpermeable Practically ~mperv~ous Aggregate type ilkll (cm/s) CFS per 2~x 2'x 2~ section #3 #57 #8 #50 sand (Tarmac) Manufactured sand (Vulcan) * 5 4.1 x 10-1 4.7 x 10-1 3.4 x 10-2 1 x 10-3 0.656 0.054 0.062 0.0045 0.00013 Page 8 - 8 Storm Water Management Public Works Specifications and Standards ** from Woolhiser (1975) SECTION 8.8 Open Drainaqe Systems Open storm drainage conveyance systems (i.e., ditches greater than 18" in depth) shall be piped with the development and improvement of any property. The standard for land development of site plans and subdivisions shall be the installation of underground storm systems. Land Management drainage plans are excluded from this section; see Section 11.19 of this manual for specific Land Management design criteria. a) Open drainage systems and channels will be considered for approval by the Department of Public Works where culvert requirements exceed a seventy- two (72) inch diameter reinforced concrete pipe or equivalent. Open drainage systems, if approved by the Department of Public Works, shall be designed in accordance with the criteria established in this manual and in items b, c, and d below. b) Open ditching is not acceptable, however, open swales systems may be approved provided they do not exceed eighteen (18) inches in depth, measured from thc flc~ linc the invert of the swale to the top of cut. Swale side slopes shall be flatter than minimum 3:1. The minimum longitudinal slope should be 0.5% or 0.005 ft/ft., if possible. c) Canal and/or lake side slopes (including retention/detention ponds - wet or dry) must not be steeper than three (3) feet horizontal to one (1) foot vertical (3:1) as measured from the edge of water to the top of bank with a ~~~~.. '~=~, twenty (20) foot drainage and maintenance strip on the top of bank of the canal. When drainage and maintenance strips are required, they shall be provided on both sides of the canal beyond the top of bank whenever the top of bank to top of bank width is thirty (30) feet or greater. See details in Appendix B drawings number B-2933 and B-3034 as applicable. d) Whenever open channel drainage systems or swales are installed, adequate bank stabilization and erosion control measures shall be implemented in accordance with the Virginia Erosion and Sediment Page 8 - 10 Storm Water Management Public Works Specifications and Standards rights of way, the city must be provided with an easement. Downstream improvements are not required when the storm water runoff from the site is restricted to pre-existing flow and/or is retained on-site; UNLESS the existing storm water conveyance outfall system is higher than that of the site outfall or unless the post-development rate or volume of runoff is greater than the pre-existing runoff. The design engineer must submit proof, of the existing downstream drainage facility capacity, to the city in the form of topographical survey; including elevations, location, size of vegetative growth within the existing ditch as well as trees, photographs, and a reasonable channel lining coefficient, along with drainage calculations, drainage area map, location map, in addition to the pre-existing flows and post- development flows. If the post-development or existing flows (rate or volume) exceed the capacity of the existing receiving outfall channel, then downstream drainage easements and downstream improvements may be required, to a point such as a natural floodplain downstream that the improvements and easements are satisfactory as determined by the Department of Public Works. SECTION 8.11 Minimum Slope and Velocity in Storm Water Conveyance Systems PIPES AND CULVERTS The minimum slope in pipes and culverts should be 0.3% or 0.003 ft/ft. VELOCITY The minimum desirable velocity of any storm drainage pipe or culvert should be three (3) feet per second based upon a ten (10) year storm frequency, where possible, however, it is recognized that most designs cannot reach this minimum in the City of Virginia Beach. The maximum velocity shall not exceed the design criteria as specified by the pipe manufacturer, unless otherwise approved by the City Engineer. When the storm drainage pipe outfall is submerged, it is difficult to obtain three (3) feet per second and the design engineer should take this into consideration when designing the outfall. Storm Water Management Page 8 - 13 Public Works Specifications and Standards SECTION 8.12 Drainaqe Facility Setback Requirements This section provides guidance regarding the interpretation of Section 30-1 of the Code of the City of Virginia Beach and Section 9 of the Storm Water Management Ordinance concerning drainage facility setbacks. This section pertains to all proposed farm ponds, drainage ponds, best management practices, wet ponds, dry ponds, infiltration trenches (including open and rock filled), swales, ditches and any similar storm drainage facilities such as trenches for storm drainage pipe which may damage the property of others. This section also applies to the above drainage facilities if they were existing and a new property line is being created near them. a) DEFINITIONS: I · WET POND - Any pond of storm water which has a permanent pool of water in the bottom. · DRY POND - Any pond of storm water which does not have a permanent pool of water in the bottom and is usually dry unless there is a storm event. · DEPTH TO WATER - Vertical height measured from the top of bank at existing or proposed ground to normal, dry weather water surface elevation · DEPTH OF WATER - Vertical height measured from the normal dry weather water surface elevation to the bottom of the pond. · DEPTH OF DRY POND, DITCH BASIN, ETC. - Vertical height measured from the highest existing or proposed surface elevations to the bottom of the lowest proposed excavation or existing depression. · SETBACK - Horizontal distance measured from the property line or right of way line to the top of bank. Page 8 - 14 Storm Water Management Public Works Specifications and Standards c) 3. Future improvements a) b) c) Capital Improvement Projects Expansion of right of way improvements Future construction within adjacent properties - particularly future residential use 4. Any other unusual situations Article 30-1 and the Storm Water Management Ordinance is interpreted as follows: · Ail wet ponds shall meet the setbacks in accordance with the Stormwater Management Ordinance unless a written waiver request is obtained. See b, (1) (a) above. · Setbacks for dry ponds more than six (6) inches deep but less than eighteen (18) inches deep shall be located at least five (5) feet away from any existing exterior property line and at least five (5) feet from any existing and/or proposed right of way lines of public streets and/or highways. Dry ponds more than eighteen (18) inches but less than thirty-six sixty (60) inches deep shall be at least ten (10) feet from all existing and proposed right of way lines of public streets and/or highways. · The setbacks for all proposed swales, infiltration trenches and other drainage excavations, no more than 18 inches deep to the bottom of the excavation can be approved by the review engineer down to zero feet from the property line if no damage to property of others will result, taking into account considerations listed in Section II, above. ~ If in doubt as to whether any of the above drainage facilities is too close to the property line or may cause property damage, the review engineer shall request assistance from the City Engineer or his designee or process a waiver in accordance with Section 9 of the Storm Water Management Ordinance. Page 8 - 16 Storm Water Management Public Works Specifications and Standards d) · Ponds, borrow pits, BMPs greater than a minimum ¼ acre should provide adequate space adjacent to them for spoil facilities (needed for maintenance); or an easement on a park site and a minimum of two access/pumping easements along appropriate lot lines, ten (10) foot minimum in width. Waiver request i · Waiver requests, recommendations and replies shall be in writing to document the reasons for the decisions made. · Waiver requests will be accompanied by photographs taken by the person requesting the waiver to document the conditions in the field. A plan shall accompany the photographs, indicating where, when, and in what direction the photographs were taken. · The waiver recommendation will be prepared by the review engineer and forwarded to the ~"~ EnginccrDevelopment Servioes Center for review and approval or denial by the Director of ~"~ ~ ~ "~^~ Planning · The waiver response should be provided to the customer within 30 working days. SECTION 8.13 Rear Lot Drainage in Multi-Family Dwellinqs This section pertains to all new townhouse developments in the City of Virginia Beach, including condominiums and/or apartment developments that are constructed s imi lar to townhouses. a) Positive drainage is required in all townhouse developments, with outlets for rear lot drainage between all buildings. b) Easements along rear lot and side lot property lines are to be dedicated as "Drainage/Pedestrian Easements" and must be a minimum of five (5) feet wide on each side of property lines. Storm Water Management Page 8 - 17 Public Works Specifications and Standards SECTION 8.20 Marking Underground Best Manaqement Practices (BMPs) Ail underground BMP facilities must be marked with a 5" x 5" x ¼" or larger steel plate at each corner or marked with white metallic marking tape, 3" wide, placed on top of the BMP, not to exceed one foot below the ground surface. In certain cases, at the option of the City Inspector, it may be appropriate to use both. Ail underground storm drainage, water and sewer pipes (non-metallic, or concrete) in the City right of way must be marked with white (or other appropriate color) metallic marking tape, 3" wide, placed above the facility, not to exceed one foot below the ground surface. SECTION 8.21 Storm Water Flood Plain Storage Guidelines In designing and reviewing proposed activity within the floodplain in conjunction with storm water storage requirements, the following shall be considered: a) Maintenance of Flood Storage Capacity To assure that flood storage capacity is not decreased, the City Engineer shall require that there be no net movement of fill material from outside the floodplain limits to inside the floodplain limits. He may allow, however, transfer of material from one part of the floodplain to the other provided that neither conveyance nor storage capacities are adversely affected and all other guidelines contained herein are adhered to. b) Storage Capacity for Lesser Storms The requirement to maintain flood storage capacity shall be construed as applying not only to the 100- year storm but to all storms of lesser intensity as well. Therefore, in regard to movement of material within the floodplain, the net movement of material shall be from a lower to a higher elevation within the floodplain, and not the reverse. In no case shall movement of material be allowed which decreases flood storage capacity for storms of less than 100-year intensity. The bottom of any excavation in the floodplain shall be a +2.0 ft. (m.s.1.) or above or at -4.0 ft. (m.s.1.) or below to avoid creation of mudflats. Page 8 - 22 Storm Water Management Public Works Specifications and Standards be Water Quality Detention ponds must comply with the Storm Water Management Ordinance, Southern Watersheds Management Ordinance and the Chesapeake Bay Preservation Area Ordinance for water quality protection· Detention ponds can be very effective at removing pollutant laden suspended solids from storm water. For a more detailed description of Best Management Practices (BMP) requirements in Virginia Beach, see ~~ ~ 2 2= ....... ~~ BMP Requirements and Design ~uidelines. A few simple design methods can help to maximize a facility's ability to improve water quality. Long narrow ponds with inflow and outflow points at opposing ends, discourage short circuiting, decrease velocities and increase detention time, which encourages settlement of suspended particles. Rip-rap and flattened pipe slopes at inlets decrease the inflow velocities, helping to reduce resuspension of settled particles. A two (2) or three (3) fps velocity (partially submerged) at inflow points into the pond is recommended. Benching should be constructed, sloping at 10:1, in the first twenty feet of a detention pond's littoral zone below the normal water elevation. Benching promotes the growth of aquatic vegetation, which aid in the uptake of nutrients from the storm water. Forebays, benches and wetland vegetation are an integral part of a sound storm water management plan, and should be included with the design of detention ponds. Creating new wetlands, in conjunction with storm water management facilities, has been found to significantly improve the quality of storm water runoff, and frequently have added benefit of necessitating 404 permits to perform maintenance. Therefore, before creating new wetlands it is imperative that the designer ensure that the new wetlands will not require any permits to perform maintenance. If a pond discharges into the headwaters of a stream, special precautions may be required. Detention ponds typically discharge unnaturally warm water during the summer months. Fish living in headwaters can be killed if their surrounding water temperature is elevated. If a pond Storm Water Management Page 8 - 27 Public Works Specifications and Standards de a drainage structure. When a pond is accessible to the public, fences can be installed around wingwalls and steep dropoffs. Gently sloping safety benches, where a person can stand, should be located in the first twenty (20) feet of water around the shorelines. Many detention ponds utilize an earthen berm which acts as a dam to impound storm water. Seepage collars around discharge pipes reduce the chance of failure due to washout. Pipe joints located within a berm or any fill must ~ be sealed to prevent leakage and undermining. Additionally, the area downstream from proposed ponds must be studied to determine the possible dangers should a berm fail. Even the most carefully designed outlet systems are susceptible to clogging. Emergency overflows must be provided to pass flows caused by clogging or infrequent storms. Weirs are typically used to manage overflows. They should be designed to operate at 0.5 to 1.0 feet of head. One foot of freeboard between a pond's maximum water elevation and the top of bank is desirable at the peak rise during the 100 year storm event. Ponds located in residential areas must be incorporated into the residential lots, with the appropriate city drainage impoundment easements provided. An agreement to have the property owners maintain the lake/pond is required. Maintenance Detention ponds are not maintenance free. Ail types of ponds will need periodic cleaning. An accessible fi~^^~~~, ~'~:'~, twen%y (20) feet wide area around the detention pond should be provided for the operation of maintenance equipment. Large facilities may need to be cleaned with a dragline and a spoil area may need to be reserved. Detention ponds should be designed to operate without moving parts such as sluice gates, pumps or valves. A method for completely draining ponds by gravity is desirable. Outlet devices and other structures must be constructed of reinforced concrete or heavy gage steel. Bolting Storm Water Management Page 8 - 29 Public Works Specifications and Standards designed and installed so as to not cause storm water to pond or create flooding on adjacent property or in the City right of way either adjacent to upstream or downstream of the pipe or water control structure. City approval is not needed, if the proposed pipe or proposed water control structure is completely on the owner's farm and only impacts the owner's property and not any adjacent property, city right of way or easements. The recommendation of approval or denial of any such drainage facility and need of drainage easements shall be ~ determined by the City Engineer's Office, during review. The following information shall be submitted to the DSC for review for any proposed agricultural pipe or BMP: a) b) c) d) e) f) g) h) Location map Drainage area map Storm drainage calculations, based on a 10 year storm showing how high water will rise Documentation of adjacent property owners and potential impacts Any easements & right of ways in the impact area Methods of E & S control and stabilization of disturbed areas Analysis of headwater rise should be preformed - the rise should be kept to a minimum, the review engineer should look at the topographic maps to determine the effects of potential flooding both upstream and downstream. Verification of environmental permits Page 8 - 50 Storm Water Management Public Works Specifications and Standards SITE pt~d~ & SUBDIVISION SECTION 11.0 General a) Ail subdivision construction plans and site plans must include the following information and all other requirements in the City of Virginia Beach, Virginia, Zoning, Subdivision, and Site Plan Ordinances and the Stormwater Management Ordinance, the Tree Planting, Preservation and Replacement Ordinance, Chesapeake Bay Preservation Area Ordinance, and the Southern Watersheds Management Ordinance, as applicable. i · 2. 3. 4. Name and address of owner Legal description of property GPIN Flood plain information and elevation b) It is strongly encouraged that after the preliminary plat has been approved, the developer may wish to set up a preliminary construction meeting with the Planning Development Services Center and the Public Works Plan Review Engineer. The developer/consultant should bring to the meeting an existing topographical survey showing the subdivision and the preliminary geometrics and layout of the construction area including any anticipated road widening and turn lanes as well as an overall drainage system layout and BMP location. c) The final construction drawings shall include a drawing, or drawings of the subdivision showing the overall layout of all existing features and proposed improvements; also detail plan and profile sheets showing all proposed improvements on the same sheets. Storm drainage pipes shall be shown on the profile only where crossing or conflicting with other utilities. A drainage study is required as outlined in Chapter 9 $ (Storm Water Management). The drainage study shall include a drainage map showing the existing and proposed topography, the area draining to each proposed structure, and pipe and inlet design calculations. The final submittal shall be in accordance with any additional requirements contained within this manual, all City ordinances and good engineering practices. Site Plan & Subdivision Requirements Page 11 - 1 Public Works Specifications and Standards 1) m) n) o) p) q) r) the Virqinia Department of Transportation Road and Bridge Standards or contained herein this publication is required to be included in the plans, however, the item must be noted on the plans as VDOT or City of Virginia Beach Standard. Erosion control details must be shown on the plans regardless of the standard used. Ail development plans shall have a Geographical Parcel Identification Number (GPIN) for each lot on the plans; and contain the name and address of the property owner and/or developer. Where new City road projects are built across farm fields and vacant land, no access to the development or site will be allowed via the city project until the city project is complete. A note shall be included to this effect and shall be made on any plan submitted for approval. Ail proposed construction activity within any city project limits must be coordinated with the city construction representatives prior to the commencement of any work. Contact the city construction representative at 427-4861 for information and assistance. For all associated site plans and construction plans, the developer must contact the U.S. Army Corps of Engineers to determine the extent of non- tidal wetlands. This is to ensure that all recorded lots, are in fact, buildable. ~or every cConsultants who performs work for the city: there is a policy in the City Project Design Guideline given to every consultant doing business for the city which~i~e~ou~lin~s the procedures for notification of property owners prior to entering private property. This policy must be followed and the consultant must notify the property owner by letter. Any questions must be directed to the Department of Public Works, Engineering Division. Ail plans submitted to the City, shall include all appropriate and applicable general notes. ~ .... ~ ~ ~"~ ~ ~ ~ ..... See Appendix E for these notes. Ail plats and deeds for dedication shall be Site Plan & Subdivision Requirements Page 11 - 3 Public Works Specifications and Standards recorded in a timely manner prior to occupancy. Although, if the developer/owner provides the Department of Public Works with a notarized letter stating that the plat will be recorded within sixty (60) days the Department of Public Works will not "hold" the occupancy during the sixty (60) days; however, a stop work order can be issued if it is determined that the developer/owner is not making a genuine effort to record the document in the specified time frame. SECTION 11.1 Construction and Subdivision Plans (a) No residential plats will be put to record for lots requiring one (1) foot of fill or more unless an "As-Built" survey drawing is submitted to the ~ .... ~A~ ~ ~',~ '~A~sDevelopment ices ~ ........................ Serv Center and is approved. The same requirement will be necessary when excavation in the floodplain is necessary to off set fill on-site. A copy of the "As-Built" survey policy is included in the appendix. (b) In all residential single family subdivisions, the five (5) foot side and rear lot drainage easements will be shown on the final plats as only private drainage easements belonging to the appropriate lot owners; unless public storm water drains through the easement. The drainage easement will be indicated on the final plat and recorded by a deed of easement. (c) Subdivision construction plans shall have incorporated into the set of plans, one overall sheet which shows the lot grading, rims and inverts of the storm drainage structures, any BMP (wet or dry) information required, and other information as required by Section 8.19 ( BMP As-Built Drawings) and Section II.i 11.6 (As-Built Drawings) which will be used for the as-built survey and/or certificate of completion. (d) Over excavation of storm water detention ponds, for purposes other than storm drainage, will not be allowed without a the developer first obtaining a conditional use permit, for a borrow pit. If the developer wishes to mine sand, a conditional use permit must be obtained. Page 11 - 4 Site Plan & Subdivision Requirements Public Works Specifications and Standards b) the public system the street signs will be yellow (background) and black (lettering) in color, signifying a private street. Private street name blades will adhere to the same provisions as the public street name signs. SECTION 16.2.4 Spellinq/Block Numbers of Street Name Siqns It will be the responsibility of the developer / contractor to determine the correct spelling and block numbers. No sign will be accepted with incorrect spelling or block numbers. SECTION 16.2.5 Installation of Traffic Control Devices Ail traffic control signs (other than street name with control) are generally installed on a 4"x 4" wooden post, with the exception of ED-2 (road edge delineator) and "No Parking" signs, which will be installed on a rib back post. Wooden post are not to be installed in concrete, but rather are to be set in compacted pea gravel. SECTION 16.2.6 Design a) Regulatory signs are generally rectangular and carry a black legend and border on a white background. (Such as speed limits). b) Stop sign is octagonal, and has a white legend and border on a red background 30" -~ .... c) Yield sign is a white inverted triangle with red legend and border. d) Warning signs are generally 30"x 30" diamond and carry a black legend and border on a yellow background. e) e Regulatory, warning and guidance signs listed in Section 2.11 under TABLE ti - 3 shall be fabricated with VIP sign sheeting material. All other regulatory, warning and guidance signing shall be fabricated with encapsulated lens sheeting material, unless otherwise specified by the City. Traffic Control Page 16 - 41 Public Works Specifications and Standards meeting in the field shall be held before the work starts. b) A traffic control plan must be provided by the contractor or agency doing any work in the street or highway, and the traffic control plan must be approved by Traffic Engineering prior to starting work. SECTION 16.4.6 Control, Warninq and Guidance Devices a) Ail temporary traffic control devices shall be furnished, placed and maintained by the agency doing the work. Simplicity and accuracy is the keynote to safety and effectiveness. b) Traffic control devices include the following: signs, barricades, traffic cones, drums, lights, flashers, hand signaling devices and high level warning devices. 1. Signs: a) Signs, when used in construction or maintenance,serve to warn and guide the motorist of a closure before he reaches that point where the lane is closed. Whenever a motorist must change his path of travel due to construction, maintenance operations, or any work zone areas, signs are necessary for advance warning (see Appendix "D" for illustrations concerning required sign spacing). Construction or maintenance warning signs shall be black/orange. b) Ail warning signs shall face and be visible to approaching traffic, also, these signs shall be clean, legible and mounted as to resist displacement. Advance warning signs shall be located on the right hand side of the street (not in a travel lane). On divided highways, supplemental advanced signs shall be placed on the median or island. ~ · .... rd .... ~ ,.~ Sect~- 2. 1O .~ All construction signing shall be reflectorized in accordance with Page 16 - 56 Traffic Control Public Works Specifications and Standards specifications set forth in Section 2.12. Traffic Control Page 16 - 57 C m--0 x > "~- k~J z mil Z N 0 U E~ Z ~ bJ ~ ~ 0 Z Z n~ F- z o o z z Z ,,9 Z n~ Or'~W TwO- Z I--- I--- LLI L..d U.-) El:::: Z ~: r,._)o LJJ Z r,._) Zo 0 '-r- !.1..I ~'01 'NII/¢~ .,~ 0 ,,,,, Public Works Specifications and Standards ~P~IX E - SITE PLAN, SUBDIVISION, & CONSTRUCTION T~BLES, GENERAL NOTE8 & CHECK LISTS E-1 GENERAL NOTES CITY OF VIRGINIA BEACH, VIRGINIA SUBDIVISION & SITE DEVELOPMENT GENEI~L NOTES CRITERIA DEVELOPMENT / COMPLIANCE STANDARDS I · Ail construction methods and material shall conform with the current City of Virginia Beach, Virginia Department of Public Works Standards and Specifications, Department of Public Utilities Sewer and Water Specifications and Details, Virginia Department of Transportation Road and Bridge Specifications, Virqinia Department of Transportation Road and Bridge Standards, Virginia Erosion and Sediment Control Regulations, and any other applicable city or state ordinances, codes, and laws prior to any construction activity. · Subsequent to plan approval an erosion and sediment control bond and/or storm water management bond, in the appropriate amount (to be determined during plan review) shall be posted with the Development Services Center and prior to the issuance of any permits. · Prior to construction within any existing public right-of-way or public easement, the contractor shall obtain a ~ight-of-way permit from the Development Services Center, City of Virginia Beach Virginia. A copy of the approved traffic control plan must be submitted with the highway permit application. · The contractor/developer shall contact each appropriate inspections bureau 9_ 4 hours in advance to schedule a preconstruction meeting and/or inspection activity prior to the commencement of any land disturbing or construction activity. · Over excavation of any proposed retention/detention pond or lake will not be permitted unless approval has been obtained from Public Works Engineering. Site materials excavated will not be used or sold offsite unless the owner complies with the current City ordinance pertaining to the operation of borrow pits. Excavated materials proposed as backfill must be certified for that purpose, and approval is required by Public Works Engineering prior to placement. Backfill material may be stockpiled and shall not interfere with existing drainage. Appendix E Page E - 1 Public Works Specifications and Standards · · · · Excavated materials proposed as backfill must be certified for that purpose, and approval is required by ~' ~ ~ "~~ ~ngin~cringthe Development Services Center civil Engineer prior to placement. Backfill material may be stockpiled and shall not interfere with existing drainage· Elevations as shown heron are based on U.S. National Ocean Survey Datum of 1929, 1972 adjustment(NGVD) Mean Sea Level (M.S.L.) = 0.00'. The City of Virginia Beach shall assume no responsibilities or liabilities for any damage or injury that may be incurred as a result of any encroachment into a public easement and right- of-way. Since an encroachment is considered to be temporary in nature, the current owner/s will be required to remove the encroachment at their expense when deemed necessary by the City of Virginia Beach. As the easement runs with the land, the owners shall give notification to their heirs, assigns, successors in title or lessee of the existence of any encroachment and the right of the City of Virginia Beach. The contractor shall be responsible for replacing with matching materials any pavement (with the minimum as specified in the Public Works Specifications and Standards, Section 6.12, driveways, walks, curbs, pavement markings, etc., that must be cut, removed, or that are damaged during construction. Caution' Wetlands may be involved within the boundary of this development. Contractor must comply with the exact limits of construction. EROSION CONTROL AND TREE PROTECTION NOTES · The contractor shall comply with the applicable regulations of the City of Virginia Beach "Erosion and Sediment Control Standards and Specifications" and the " State of Virginia Erosion and Sediment Control Standards and Specifications," latest edition deemed necessary before, during, and after construction. · Ail erosion control and tree protection devices shall be installed %~ith the first phase of construction and shall remain in place until all disturbed areas are stabilized. The addition or deletion of erosion control devices will be at the direction of the civil inspector. Erosion control devices sho~.n on this plan are the minimum necessary until release of bonds and occupancies and as long as unvegetated ground remains. Page E - 2 Appendix E Public Works Specifications and Standards · ~ · · · · Contractor shall construct and maintain a temporary construction entrance using filter fabric underlayment, 2" stone or greater with a minimum thickness of 6", and width equal to that of the proposed entrance with the minimum width of 12' and minimum length of 70' as determined by the Public WcrksCivil Inspector. A wash rack may be deemed necessary and required by the Public WcrksCivil Inspector. A minimum 12' width is required for one-way construction entrances or small sites. Larger sites or sites with significant construction traffic may be required to install a larger width construction P .... c WcrksDevelopment entrance as deemed necessary by the "~ Services Center Civil Engineer or Civil Inspector· The contractor shall construct and maintain sufficient devices to prevent soil from being eroded on to adjacent streets, drainage systems and water courses· The devices shall be cleaned of mud, debris, and eroded material during all stages of construction. All erosion control devices shall be maintained on a daily basis and are subject to daily inspections after a storm event and/or as required by the ~ .... ~-^~ ~c WcrksCivil Inspector. ~ ......... t cf Publ~ Dewatering and well point discharge operations must provide appropriate erosion control devices and practices and be approved by the appropriate inspections bureau prior to commencement of discharge operations. Failure to comply may result in a "Stop Work Order" being issued. Ail disturbed areas shall be immediately stabilized in accordance with the "Specifications of the City of Virginia Beach" and shall not exceed a maximum slope of 3:1, H:V. Temporary seeding or stabilization will be required immediately after any disturbance during construction. Devices to protect existing storm drainage systems shall be installed in conjunction with seeding and stabilization as necessary. The contractor shall monitor and take precautions to control dust, including (but not limited to) use of water or chemical dust palliative, limiting the number of vehicles allowed on- site, minimizing the operating speed of all vehicles, etc. Riprap shall be placed at the normal water elevation of the proposed wet pond to prevent erosion or as directed by the ~4-~Civil Inspector as necessary. Appendix E Page E - 3 Public Works Specifications and Standards · Prior to any clearing, grading or construction, protection barriers shall be placed around all trees to be retained on the site plan to prevent the destruction or damage of the trees. The tree protection shall be in accordance with the Virqinia Erosion and Sediment Control Handbook, third edition, (1992), Standard and Specification 3.38 (Tree Preservation and Protection) and should be located in a circular pattern around the tree a minimum distance equal to the dripline of the tree or a minimum of 5' where the dripline is less than 5', or whichever is greater. Materials shall not be stockpiled within this defined area and vehicles and other equipment shall be operated to avoid soil compaction. The only exception to this requirement will be those specifically allowed by these standards and specifications. 10. Boards or wires of a non-protective nature shall not be nailed or attached to trees during construction. 11. Heavy equipment operators are be cautioned to avoid damage to existing tree trunks and roots during land leveling operations. Feeder roots should not be cut in an area equal to twice the tree circumference (measured 4 1./2" above ground line in inches) expressed in feet (Example: Circumference of 10" would have a "NO CUT" zone of 20' in all directions from the tree). This should apply to ditching for utility services, if feasible. 12. Tree trunks and exposed roots damaged during equipment operations shall be treated in accordance with arboricultural standards. Damaged tree limbs shall be cut back to the next lateral branch or parent stem at the branch collar. Care for serious injury should be prescribed by the City Arborist. 13. Criteria for replacing trees killed during construction: If desired trees protected by the above means are killed during construction, they shall be replaced by trees of at least 2" caliper of the same species of like quality as specified by the City Arborist. Replacement trees shall conform to the latest edition of The American Standard for Nursery Stock. STORM WATER MANAGEMENT/BMP I · A Best Management Practices bond in the appropriate amount (to be determined during plan review) shall be posted with the Development Services Center prior to the issuance of any permits. Page E - 4 Appendix E Public Works Specifications and Standards . · · · · . . "As-built" plans must be submitted to and approved by Public ~.~k~/H~,~?'ayCivil Inspections for any BMP constructed in accordance with the approved development plans prior to the release of the BMP/E&S surety bonds posted with the Development Services Center. An 8.5" x 11" paper horizontal drawing shall be submitted to {xW7~Civil Inspections and the ~ ~ ........ ffic~Development Serv ces Center prior to final release for all underground BMPs. Utilization of an infiltration BMP requires project bid unit cost associated with additional excavation to porous material. Excavation volumes and limits of excavation can only be determined during actual field construction and must be approved by the appropriate inspections bureau. A test pit or boring in the location of the BMP is recommended prior to the construction of the infiltration BMP. Contact the Public WcrksCivil Inspector when the appropriate meeting has been scheduled. Exfiltration tests are required for all volume control infiltration BMP's in accordance with the Public Works Standards and Specifications· The developer/contractor must contact Public Wcrkmthe civil Inspector at 427-4558 prior to any construction· A minimum of five (5) inspections are required for infiltration structures· Failure to contact the Inspector as directed could result in removal and reconstruction of structures. The Inspector must be notified 24 hours prior to start of construction. If subgrade soils have been determined to be suitable for infiltration use based on soil information/evaluation,this information must be submitted to the Cit~ ~ ............. Development Services Center Civil Engineer and certified by the consultant engineer's professional seal· The City of Virginia Beach will not be responsible for the design functioning, maintenance, and/or repair of Storm water Management/Best Management Practices, excluding those areas and/or improvements located within dedicated city drainage easements· The owners shall give notification to their heirs, assigns, successors in title, or lessee of the Best Management Practices utilized with this development and of the above stated disclaimer (Note #6) by the City of Virginia Beach. Ail on-site BMP's shall be protected during all stages of construction to ensure optlmun efficiency upon completion and to minimize erosion and sediment from entering into the Appendix E Page E - 5 Public Works Specifications and Standards structure during construction. ~ Public or private utility facilities shall not conflict with the structural prism of the proposed BMP's as shown on the approved plans. Should a conflict occur, the developer/contractor must immediately contact the appropriate inspections bureau. 10. Exfiltration test for volume control or infiltration BMP's shall be performed at each trench location, in accordance with Civil Inspections policy, prior to the acceptance by the Civil Inspectcr. Test results must show that the trench exfiltration is in accordance with the city's performance criteria for infiltration BMP's and/or as approved by the city during the review process. 11 Ail BMP stone size shall be "f3 =~n ....... ~^,, ....... ~ ~ ........ ~ ~'? ~^ Pu~ '"~' In .... ~--in accorda with Section $.6 of the Public Works Specifications and Standards· 12. Ail BMP drainage structures shall be protected with a minimum of four (4) feet of sod around the structure and the installation of silt fencing surrounding the sod is required unless otherwise approved by the ~" ~ .... '~ cfficcDevelopment Services Center civil Engineer and noted in the plan details. 13. Ail underground BMP facilities must be marked with a 5"x 5"x 1/4" or larger steel plate at each corner or marked with white metallic marking tape, 3" wide placed on top of the BMP but not to exceed one foot below the ground surface. In certain cases, at the option of the ~h~Civil Inspector, it may be appropriate to use both. UTILITIES · Prior to construction or excavation, the contractor shall be responsible for locating all underground utilities (public or private) that may exist and cross through the area of construction that are not shown on these plans. Before you dig, call "Miss Utility" of Virginia at ~-800-55~-700~. The contractor shall be responsible for repairing at his expense any existing utilities damaged during construction. · The relocation of any utilities (public or private) located within the city's right-of-¥;ay shall be at the developer's expense and completed prior to the placement of any proposed road%;ay base material or pavements in conjunction with site Page E - 6 Appendix E Public Works Specifications and Standards · · · work. Ail new utility line installation must be underground (i.e., telephone, power, cable television, etc.). Water meters and sewer cleancuts must be placed at the right-of-way or public utility easement lines. Deflecting, offsetting, or relocating existing utility mains shall not be allowed except under extreme circumstances; such exemptions shall be submitted to ~~ "~~^~ ~nccrin~the Development Services Center Public Utilities Engineer for approval. Type "K" copper shall be used for off-site water service lines, lines 2" and under, in right-of-ways and in public utility easements. INCIDENTAL DRAINAGE · Temporary drainage during construction shall be provided by the contractor to relieve areas that may cause damage to roadways, as directed by ~ H~ ..... ..... ~ Div~~, ~"~ ~ ~~ ~~ ~~~aCivil I spections · An on-site inspection of storm drainage pipe installation shall be made prior to any backfilling of the installed pipe. ~Civil Inspections shall perform these inspections. · If precast drainage structures will be used, shop drawings must be submitted to the ~'~ ~~'~~.~.~ ~ ©ff~cDevelopment Services Center civil Engineer by the developer's engineer along with the proper certification unless previously approved by the city. · Ail proposed storm drainage structures shall utilize inlet shaping with paved inverts, unless otherwise noted on the plans for each structure. · Ail concrete storm sewer pipes in the city rights of way and easements shall be tongue and groove. Pipes subject to traffic loading shall be reinforced pipe and shall conform to the specification for concrete sewer pipe AASHTO designation M170 with the modification that all pipe shall be manufactured with 4,000 PSI concrete. All pipe joints shall be sealed in accordance with Section 302.03 of the 1991 Virginia Department of Transportation Roads and Bridqe Specifications. · Ail storm sewer pipe joints shall be installed silt free or shall be completely wrapped with a two-foot wide approved Appendix E Page E - 7 Public Works Specifications and Standards filter fabric and secured in place prior to backfilling. · Ail pipe culverts (water, sewer, and storm sewer), located within right-of-way excavation areas that will be subject to traffic loadings shall be backfilled with select or granular material and placed in six-inch layers and compacted to 95 percent theoretical AASHTO density in accordance with the 1991 Virqinia Department of Transportation Road and Bridqe ~pecifications sec. 302.03. · Ail metal pipe culverts and storm sewers will be installed in accordance with the 1989 Virqinia Department of Transportation Road and Bridqe Standards drawings PB-1.28. · If corrugated metal pipe is used, the contractor shall furnish pH certifications of the backfill material if the backfill material has not previously been tested. 10. Ail non-concrete storm drainage pipe placed in the city right-of-way or in city (public) drainage easements shall incorporate the use and installation of locator tape/wire for future detection purposes. 11. Endwalls and flared end sections shall not be constructed on outfall pipes until the Pu~ ~.~~,.~ Div~ncivil~ Inspector gives approval on site. 12. Riprap shall be provided at all endwalls and flared end A~ ' T,~~ . I sections as required by the ~imc ....... Cmv~l Inspectors· INCIDENTAL CONCRETE · Ail concrete shall be Class "A-3" Air Entrained (3,000 PSI) in accordance to Section 219 of the 1991 Virqinia Department of TransDortation Roads and Bridqe Specifications unless otherwise specified. · Curb and gutter shall be constructed in sections of uniform lengths, approximately ten (10') feet (no sections shall be less than SlX (6) feet). Expansion joints shall be formed at intervals of one hundred feet (100') using 1/2" premolded bituminous fiber joint filler. Construction joints ar required as follows: Curb & Gutter 100' Side%;alk 4' %;idth --- 50' Bikepaths 8' width -- 50' Page E - S Appendix E Public Works Specifications and Standards · Ail concrete work performed in the right of way shall be inspected by a designated Department of Public Works Inspector. PAVEMENT & OPEN CUTS I · No open cuts of a public roadway shall be allowed except under extreme circumstances. Open cutting of public roadways will be permitted only with prior written permission by the City Engineer's Office. · Minimum on-site (private property) pavement replacement and design shall be 1 1/2" SM-2A bituminous overlay, over a 6" Type I or II aggregate base. Pavement replacement and design in the city right of way shall be in accordance with the Public Works Specifications and Standards, Section 5.12. · Materials determined unsuitable for foundations, subgrades, or other roadway purposes within the limits of construction, shall be excavated by the contractor, at his own expense, below the grade shown on plans and the areas so excavated shall be backfilled with approved suitable materials. Excavated materials suitable for backfill shall be stockpiled so as not to interfere with drainage. Unsuitable material shall be removed from the site. · The replacement of pavement shall be in accordance with standard pavement patching detail (st'd. drawings 7.1 or 7i2) C-3 or C-4 and Section 5.i2 of the Department of Public Works · · Specifications and Standards. Certification of materials and the test results (e.g., CBR and Proctor, etc.) from each source of supply for select borrow and select material shall be submitted to Public Works Civil Inspections by the contractor prior to installation. Certification of materials and the test results on the following items shall be submitted to Civil Inspections by the contractor before any road construction is performed: A. The proctor test on the native subgrade materials. B. The optimum moisture content of the aggregate. C. The theoretical maximum density of the aggregate. TRAFFIC CONTROL & LIGHTING · Type III barricades with public notice of street extension signs are required at termination of streets as directed by Appendix E Page E - 9 Public Works Specifications and Standards TRAFFIC CONTROL & LIGHTING i · Type III barricades with public notice of street extension signs are required at termination of streets as directed by Traffic Engineeringthc Engi~rlng~ ' ~ '~cn.~l~~ · Where parking areas %~ill be illuminated, all sources of illumination shall be shielded to prevent any direct reflection towards residential areas and city streets. ~ Ail striping in the public right-of-way shall be of thermoplastic material for lane lines, STOP bars, crosswalks, etc. All legends and arrows shall be of VDOT approved Type B, Class VI preformed pavement message marking material. BUILDING & FOUNDATION · A permit for any smgn or sign pole must be obtained from the Department of Permits and Inspections. · Only flood resistant material may be used below the 100-year flood elevation. · Ail structures must be properly anchored with adequate footing below the 100-year flood elevation. · No mechanical equipment, electrical equipment or electrical lines or shall be installed or located below one foot above the 100-year flood elevation, except underground wiring or similar materials. · Ail buildings shall be accessible in accordance with the American for Disabilities Act (ADA), 1992 standards. · Parking, ramps, and building access routes shall be in accordance with the American for Disabilities Act (ADA), 1992 standards. · There shall be no more than 1/2 inch difference between the finished floor and the exterior surface at the entrance door. · A permit to demolish any existing structures shall be obtained from Permits and Inspections prior to any demolition. Page E - 10 Appendix E Public Works Specifications and Standards E-2 STORM DRAINAGE DESIGN OUTLINE SIZING PIPES AND DRAINAGE STRUCTURE THROATS FOR A CLOSED SYSTEM FOR THE CITY OF VIRGINIA BEACH R~INFALL INTENSITY A IDF Curves - Watershed less than 200 acres - Duration between 5 minutes to 120 minutes. 1) Norfolk Chart - More rainfall (VDOT page 1-19) 2) Cape Henry Chart - Less rainfall (VDOT page 1-18) B Time of Concentration (Minimum = 5 min. ,Maximum = 30 min. ) 1) Overland Flow - Seelye Chart (VDOT page 1-13E) a) b) c) d) e) f) Easier nomograph Should only be apply to the western (mountainous) portions of VA. NOT acceptable for Tidewater. Sheet flow - maximum length 200' Minimum slope 0.5% "C" = runoff coefficient Normally longer T.C. 2) Kinematic Wave Formulation (VDOT page 1-13D) a) b) c) d) e) f) Trial and error nomograph City require using it instead of Seelye Chart as of August 30, 1982. Sheet flow - maximum length 200' Minimum slope 0.1% "n" = manning coefficient Normally shorter T.C. 3) Kirpich Chart - Shallow Concentrated Flow (VDOT page 1-14) a) b) c) d) e) Simple nomograph Outdated but still used for concentrated flow Length after the first 200' - maximum length 1000' No minimum slope (calculated 0.014%) Roughness coefficient - see note on chart i Chart for well defined channel on bare soil or mowed grass roadside swale. ii Sheet flow over grass, multiply T.C. by 2. iii Sheet flow over concrete or asphalt, Appendix E Page E - 11 Public Works Specifications and Standards H by 50 % (0.SHt). FINAL HEAD LOSS (Final H) = Hf + Ht or 1.3Ht or 0.SHt INLET SURFACE ELEVATION (HGL) can not excess the rim elevation of a catch basin or can not excess 6" above a drop inlet rim elevation. (DI-1) IV SPREAD CALCULATIONS A DRAINAGE AREA l) 2) Low Point - Two drainage areas, Left and Right of the drainage structure (sump or sag condition) On Grade - Total drainage area B INTENSITY 1) Onsite - Always use 3.5 in./hr. C 2) Within the City Right of Way a) Use 3.5 in./hr, to check if the spread does not exceed 10 feet. b) Use 6.5 in./hr, to check the throat opening so that the runoff does not top the curb and gutter on four-lane highways or larger. The runoff must be contained within the roadway with a rainfall intensity of 6.5 in./hr, on four-lane divided highways and larger. INCREMENT Q (Qincr.) - CA times Instensity (3.5 in./hr.) D CARRYOVER Q (Qcarryover) - Any drainage not total intercepted from an upstream drainage structure. E TOTAL GUTTER FLOW (Qt) - Qincr. + Qcarryover F LONGITUDINAL (Gutter) SLOPE (S gutter slope) 1) Low Point in a Vertical Curve - use 0.001 ft/ft 2) On Grade or Low Point not in a Vertical Curve a) If face of curb is parallel to the centerline of roadway, uses the profile slope. b) If face of curb is not parallel to the centerline of roadway, then the slope must be calculated and greater than 0.3%. Page E - 14 Appendix E Public Works Specifications and Standards H J 1) Minimum = 1/4" per ft. or 2.08% 2) Maximum = 3/8" per ft. or 3.13% SPREAD JUST BEFORE THE BASIN (T spread) - use VDOT charts on page 4-44, 4-45, 4-46 and 4-49 1) If one is using 3.5 in./hr, for intensity, find the spread (T) in the charts. 2) If one is using 6.5 in./hr, for intensity on four- lane highways and larger, or actual intensity calculated for smaller roadways, find the depth (d) in the charts, d = Depth of water just before the basin. a) If "d" exceeds the top of curb, then the upstream basin throat length must be enlarged. b) If "d" is below the top of curb, then the throat of the basin is corrected and no additional calculations is required. WIDTH OF GUTTER PAN (W) 1) Curb in Superelevation, W = 1.0' 2) Virginia Beach CG-1, W = 1.5' 3) VDOT CG-5 and CG-6, W = 2.0' CATCH BASINS ON GRADE 1) Slope of Gutter (Sw) - always 1" per ft. (8.33%) 2) Gutter Flow Ratio (Eo) a) If W/T is less than or equal to 0.4, then use chart 10 on page 4-50. b) If W/T is greater than 0.4, then use chart 10A on page 4-51. 3) & = 12W(Sw-Sx)+local depression a) Local depression for curb and gutter = 2" b) Local depression for curb in superelevation = 4) Effective Throat Length (Lt) - use VDOT chart 15 on page 4-61. Use Se if one have a local depression or gutter pan. 5) Length of Throat / Effective Throat Length (L/Lt) Appendix E Page E - 15 Public Works Specifications and Standards STANDARD INTEHIOR DTMI~NSIONS FOR DRAII~AGE STRUCTURES DRAINAGE PIPE SIZES IN'i:ERIOR DIMENSIO.'NS (Defi'ection angle of pipe if laid parallel to the roadway) STRUCTURES Min. Max. SIDES (0 TO 45,deg!ees) FRONT and BACK (45 to 90 decjrees) CITY ST'D. single Y.S. 12' 48' Outer Pil~e Diameter (M,n. 2' 6.253 Out~'r Pipe Diameter (Min. 2' 6:_~5') CITY ,~¥'D Double Y.B. 12' 48' Outer Pipe Diameter (Min. 2' 6.25') Outer Pipe Diameter (Min. 5' 3') CITY s'r'D. ~;in~lle C.B. 12' 48' Outer Pipe Diameter (M,n. 1' 9.75') Outer Pil:)e Dmmeter (Min. 2' 6._9?) CITY ,~I~D. Double C.B. 12' 46' Outer Pipe Diameter (Min. 1; 9.75-) Outer Pipe Diameter (Mm. 6' 5') CITY STD. Triple C.B. 12- ,, 48' Outer Pipe Diameter (Min. 1' 9.75') Outer Pipe Diameter (Min.....10' 3.75') IDI-1 or lA 12- 24' 2'2' 2'2- DI-2A.2B,2C,2AA,2BB,2CC 12' 24' 2' 3' 2'2' DI-2D,2E,2F,2DD,2EE,2FF 30' 48' 6' 6' 4' 8' IDI-3A.3B,3C,3AA.3BB,3CC 12' 30' 2, 8. 2,6- . IDI-3D,3E,3F,3DD,3F-~,3FF 12- 30- 5' 0' 2' 6' IDI-4A,4B,4C,4AA, 4BB,4CC 36' 48' ' 4' 6- 4' 0' ,!DI--4D,4E,4F,4DD,4EE,4FF 36' 48' 6'2' 4' 0' !DI-7,7A, ziS 12' 36' 3'0'" 3' 0' DI-7,7A,7B 42. 42- 3,6, 3, 6. ' DI-10A 12- 36- 3'0' 3' 0' VDOT Shoulder Slot Inlet 15' CMP 15' CMP 0' 6' 10' 0' or 20' 0' VDOT Shallow MH-1 (Brick) "~2' 16' iConcentric Cone (Top 2" 0'. Bottom 3' 0") IConcentric Cone (Top 2' 0', Bottom ~' 0') MH-1 Cast in 131ace or Brick 12' 48' 4' 0' 4' 0' B-1 orB-2 Base 12' 18'* 3' 0-" 3' 0' ilB- 1 or B - 2 Base 12' 24' ' 4' 0' 4' 0' B - 1 or B - 2 Base 12' 36'" 5' 0' " 5' 0' B-lorB-2 Base 12' 48'* 6' 0' 6' 0' B-1 orB-2 Base 12' 60'* 7' 0' 7' 0- B - 1 or B - 2 Base 12' 66' ' 8' 0- ' 8' 0- ,, PIPE SIZE. S INTERIOR DIMENSIONS DRAINAGE SIDES (Deflection Angle of the Pipes) FRONT and BACK" STRUCTURES Min. Max. 0 j 1 - 30 31 - 60 61 - 90 TypeA TowerI TypeB Towerl TypeC Tower de~lree! de,free de?ee de~lree HL · 3'8' ! Hr. 1'6--3'8' J Ht. 0'8"- 1'6"i JB-1 12' 46- 4' 0' 4'2' 4' 8' 5' 8" 4' 3' I 2' LIB-1 12' 54' 4'6' 4'8' 5'3' 6'5' 4' 3' 2' JB-1 12' 60- 5'0' 5' 3' 5' 10' 7' 1' 4' 3' 2' L~B. 1 12' 66~ 5'6' 5'9' 6' 5' 7' 10' '4' 3' 2' UB-1 12' 72" 6'0' 6' 3' 7:' 13' 8'6- 4' 3' 2' Appendix E Page E - 81 Public Works Specifications and Standards DRAINAGE STRUCTURE MINIMUM DEPTH DRAINAGE j Max." ~INIMUM HEIGHT OF THE STANDARD DRAINAGE STRU~¥URES IN FE-_'-I' (H)"'"- _STRUCTURES! Height , I~PJpeDmmeter I 12- 15' 18' 21' 24' t 27' 30' 36' 42' 48' 54'i 60'j 66'1 7~ ipIpeWallTh,ckness 2.00' Z25' 2.5O' Z75' 3.0O-I 3.25' 3.5O' 4.00' 4.50' 5.0O' 5.50'16.00' 6.5o'i7.[; CITYST"D. YardBaS,n 10' 1.67 1.96 2.25 2.55 2.84 3.46 3.75 4.34 4.92 5.50 I .CITY ST'D. Double Y.B. 10' 2.54 2.83 3.13 3.42 3.71 4.00 4.30 4.1~ 5.46 6.05 I CITY S['D. Single Curb DI 10' 2.92 3.21' 3.50 3.80 4.09 4.38 4.67 5.25 5.84 6 42 I .CITY S'FD. Double Curb D: 10' 2.92 3.21 3 50 3.80 4.09 4.38 4.67 5.25 5.84 6 42 ICITY$~'D. DramageM.H; 10' 3.40 3.69 3.98 4.28 4.57 4.86 5.15 5.73 6.32 6.90 ' i DI-1A 20' 10.00 10.00 10.00 10.00 10.00 DI-2A, B,C 9' 3.50 3.75 4.00 4.25 4.50 · !,DI-4AA, BB,CC 20' ' 8.00 8.001 8.00 IDI-4D,E,F 8' I 5.84 6.341 6.84 I I DI-4DD,EE,FF ' 16' I ' 8.00 8.001 8.00 MH-1 Cast in p~ace or Bri, 25' "~4.84 5. ill 5.381 5.65 5.921 5.52 6.46 7.001 7.55i 8 09 , J I I .IJB-1, Type A Tower 20"" I 9.34 I 9 84 10 34110.84112' ~B-1,TypeBTower 20""*I 717 I 7.67 817i 8.67i10' JB-1, Type CTower 20'*" ' ' j 6.34 j 6 83 7.34 1 7.84l 9,- !S-I,T-MH-2, MH.1 frame 50'~'''' 3.55 3.82 4.09 ! 4.36 4.63 , 5.06 5.~ 5.88! 6.42i 6.96 i7.50i I I IB-1,R-2&T-Di.1 t20 ..... '2.50 2.78' 3.05t 3.32 3.59 3.86 4.13 ! if j I LB-1,R-2,T-DI-2A-C,36'Base' 20"'" 3.84 4.11 4.38 4.65 ' I B-1,R-2,T.DI.2A.C,48-Ba, se 20,---- 4.67 4.94 5.21 5.48 5.75 6.03 6.3d ' I B-1,R-2,T-DI-2A-C,6O'Base 20""" '"4.92 5.19 5.46 5.73 6.00 6.28 6.55 7.09 7.63 8.17 ' B-1,R-2,T-DI-ZA-C, 72'Base{20 .... * 4.92 5.19 5.46 5.73 6.00 6.28 6.55 7.09 7.63 8.17 B-1,R-2,T-DI-3A-C,36'Base20 .... · 350 3.78 4.05 4.32 t B-1,R-2,T-DI-3A-F,48'Base 20 .... ' 4.34 4.61 4.88 5.15 5.42 '"5.69 5.96I B-1,R-2,T-DI-3A-F,60"Base 20"'" 4.59 486 5.13 54d 5.67 5.94 6.48 6.75 7.30 i .7-84 B-1,R-2,T-DI-3A.F,72'Base 20 .... . "4.59 4.86 5.13 5.40 5.67 5.94 6.48 6.75 7.30! 7.84 B-1,R-2,T-DI-4A-F,60'Base: ~0"'" '4.59 4.88 5.13 5.40 5.87 5.94 8.48 8.751 7.30 J 7 84 I I~-,1,R-2,T-DI-4A-F,72"Base~' 20"'" "'4.59 4.86 5.13 5 40 5.67 5.94 6.48 6.75i 7.30 ! 7.84 I ~-I,R-2,T-DI-7 .. !20';"'"... ..2.50 , 2.78 I 3.05 j 3.32 j 3.58 I 3.86 4.1~ 4-6715-211 i I 1, I Appendix E Page E - 79 -17- Item III-L 4. ~S OL UTIONS /ORDINANCES ITEM # 38896 Letter dated March 4, 1995 from Judith L. DeFord, President - Pinewood Park Civic League, in SUPPORT of the Ordinance is hereby made a part of the record. Upon motion by Councilman Branch, seconded by Councilman Moss, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right- of-way for Lake Drive sidewalk installation permanent easements of right-of-way, either by agreement or condemnation (VIRGINIA BEACH BOROUGH). Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis I~ Jones, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K Parker and Louisa M. Strayhorn Counctl Members Vottng Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. March 7, 1995 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR LAKE DRIVE SIDEWALK INSTALLATION (CIP 2-816) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of 7 Virginia Beach, Virginia, a public necessity exists for the 8 construction of the sidewalk improvements for public purposes for the 9 preservation of the safety, health, peace, good order, comfort, 10 convenience, and for the welfare of the people in the City of Virginia 11 Beach: 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 13 CITY OF VIRGINIA BEACH, VIRGINIA: 14 Section 1. That the City Council authorizes the 15 acquisition by purchase or condemnation pursuant to Sections 15.1-236, 16 et seq., 15.1-898, and 15.1-899, Code of Virginia of 1950, as amended, 17 all that certain real property in fee simple, including temporary and 18 permanent easements of right of way as shown on the plans entitled 19 "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FOR RIGHT 20 OF WAY PURPOSES FROM ELLIS L. WADDELL FOR CIP 2-816 TRAFFIC SAFETY 21 VIRGINIA BEACH BOROUGH -- VIRGINIA BEACH, VIRGINIA SURVEY BUREAU 22 ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, 23 VIRGINIA," these plans being on file in the Office of Real Estate 24 Department of Publi~ Works, Virginia Beach, Virginia. 25 Section 2. That the City Manager is hereby authorized 26 to make or cause to be made on behalf of the City of Virginia Beach, to 27 the extent that funds are available, a reasonable offer to the owners 28 or persons having an interest in said lands. If refused, the City 29 Attorney is hereby authorized to institute proceedings to condemn said 30 property. 31 Adopted by the Council of the City of Virginia Beach, day of March , 1995. 32 Virginia, on the 7 33 CA-5851 34 NONCODE\CA5851.ORD 35 R-1 SIGNATURE DEPARTMENT APPROVED AS TO LEGAL --~'ClTY ATTORNEY Parcel: Project: Lake Drive Sidewalk, CIP 2-816 Route/Street: Lake Dr./Pinewood Dr. Borough: Virginia Beach City of Virginia Beach, Virginia THIS AGREEMENT OF BALE, Made this day of , 19 , by ELLIS L, WADDELL, hereinafter referred to as "Landowner" even though more than one, and the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "City." WITNEBSETH~ That for and in consideration of one dollar and other valuable consideration, receipt of which is hereby acknowledged, the "City" agrees to buy and the "Landowner" agrees to sell, free from all liens, all his/her/its rights and interests in the following described land together with all improvements to the City by deed of General Warranty, properly executed, acknowledged, and delivered with usual English Covenants of title, free from all encumbrances. The land and improvements subject to this Agreement of Sale (hereinafter referred to as "the land") are described as follows: All that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FOR RIGHT OF WAY PURPOSES AREA = 191 SQ.FT., 0.004 ACRES" as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FOR RIGHT OF WAY PURPOSES FROM ELLIS L. WADDELL FOR CIP 2-816 TRAFFIC SAFETY VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA SURVEY BUREAU ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DATE: JULY 25,1994 SCALE: 1,,=25,,,. The total consideration for the conveyance provided for herein is as follows: CONSIDERATION: ONE T~0USAND FIVE ~UNDRED DOLLARS ($1,500.00) i~ lull for rlqht of way. all improvements thereon, and any and all damages, CL~USB NO. i of the above consideration is to be withheld until ~he premises ha~e been vacated in accordance with the terms of this Agreement of Sale. The~ ~L~an~ !_w~e~r. Agx~ ~o notify the real estate agent of the City ~~~ .~] ~~.~,..~ing to be inspected to confirm vaca.ncy and ~r~ ~~~~~ to a representative who will, after inspecting the premises, advise the City Attorney that it is satisfactory to deliver the remaining part of the consideration withheld. CL~USB NO. 2 It is understood and agreed by the Landowner that buildings within or encroaching upon the proposed right of way herein described shall be removed by the Landowner within days (not to exceed 90 days) from date of coD~a~t_~ that the'consideration for removal in the a~~o~~ ~ ~ ~~hall be withheld by the right of way. It -i~ -fdrther understood and agreed that if buildings are not removed within the said days, the Landowner will forfeit both the said $ and all rights in the buildings, which may then be removed or demolished forthwith by the City or its agents. CLAUSE NO. 3 It is understood and agre~d~.b¥ ~,~,.~.a~dp~w~.~.,~ ~hat he/she/it is to vacate and remove all pe~,~,~ ~~.~'~ ~he buildings within or encroaching upon the~~o~ ~~~~y herein described within days (not to exceed 90 days) from date of contract. CLAUSE NO. 4 It is understood and ag~,e$~bv~h~,"L~~n. 9~that buildings within · '?j ,--, ' > ',!.d , ~ , '~ .... or encroaching upon the~'~~o-~7~: ~3,~,[,~,~ ~a~ hereln described may be removed by the City ~i~cs~~n~%~~i~~ days (not to exceed 90 days) from date of contract. CLAUSE NO. 5 It is understood by the Landowner that Building(s) No. is located partially on the right of way described herei~~~~~~]h~remaining property of the Landowner. The L~~n~~_~~~s by the execution of this Agreement of Sal%-- ~o''~llo~W~~y or its agents or contractors to remove the entire building and hereby grants permission for such temporary encroachments as may be necessary. CLAUSE NO. 6 The Landowner by his/her/its signature to this instrument agrees to grant unto the Company an easement for its facilities_~ross his/her/its remaining lands and adjacentm~he~~~~.~.~ ~ay similar in all respects to that which it n~~o~~~]i~,~ceptance of this Agreement of Sale by the C~Ss~e~eT~ter provided, the said utility company, its employees, agents, or contractors shall have the right to enter upon the lands of the Landowner in order to proceed with the relocation of said facilities, pending the completion of the grant catled for herein. CLAUSE NO. 7 vacated, none of the ~k~ ~2[~.~] {~t'~lbe,~-~e~.~ed from the property unless specified in this contract. ~['~=u""'~ CLAUSE NO. $ The Landowner further agrees that he/she/it will compensate the tenant of said land, if applicable, for any and all damages said tenant may suffer and sus.t, ain-.by, reason.of,.thg. ,conveyance agreed to hereunder and by reasor~Of: .~.~the,:sa~d]'tproposad construction, and agrees to save the City ~a.l~t~ess~ f~r~(aDyma..n~.,all claims that may be made by said tenant by reason of such conveyance and/or construction. CLAUSE NO. 9 The City, or its agents, may exercise the right to enter upon the said property for such purposes as may be necessary for the construction of this project without further notice to the Landowner. CLAUSE NO. ~0 The consideration hereinabove mentioned represents the value of all estates or interests in such land, and the damages to remaining lands' of the Landowner which may result by reason of the use to which the City will put the land to be conveyed. The Landowner agrees to accept his/her/its legally proportionate share of such total consideration for his/her/its interest and rights in the said land. CLAUSE NO. XX In the event the Landowner is unable to convey marketable title to the City as herein provided, and the City should elect to institute condemnation proceedings for the purpose of acquiring title to such land, it is agreed by the Landowner that this instrument may be introduced in such proceedings as evidence of the value of land and damages, if any, to the remaining property of the Landowner. CLAUSE NO. 22 The Landowner hereby covenants and agrees for himself/herself, itself, heirs and assigns and successors, that the consideration herein mentioned shall be in lieu of any and all claims to compensation and damages by reason of the location, construction and maintenance of the highway or other project by the City, including such drainage facilities as may be necessary, and that the City shall have the right to enter upon and take possession of the land prior to the execution and delivery of the deed which is to be executed in the event this Agreement of Sale is exercised. CLAUSE NO. ~3 The landowner by execution of this instrument acknowledges that the plans for the aforesaid project as they affect the subject property have been fully explained to the undersigned. CLAUSE NO. ~4 The landowner warrants that the Land and all improvements thereon are in compliance with all applicable federal, state and local environmental laws and ordinances. If any non-compliance is found to exist it will be the landowner's responsibility to correct such non-compliance at his/her/its sole expense to the satisfaction of the City or the City may declare this agreement of sale null, void and of no further legal effect. CI~USE NO. 25 The Landowner further warrants that he/she/it has done no act to disturb the environmental condition of the land, and to the best of his knowledge there are no wetlands or hazardous wastes, which would prevent the City's allowed use of the land. CLAUSE NO. X6 It shall be the responsibility of the City of Virginia Beach to determine whether or not there are any adverse conditions, including but not limited to environmental conditions, hazardous waste conditions, or status as protected wetlands which would prevent the City's proposed use of the land. If any such conditions are determined to exist the City may declare this agreement of sale null, void and of no further legal effect. CLAUSE NO. L7 The landowner further covenants, represents and warrants tha~ there is no action, suit, proceeding, claim, investigation, citizen suit or review pending or threatened against or affecting the title to the Land. Should any notice of such an action, suit, proceeding, claim, investigation or citizen suit be received it shall be forwarded to the City upon its receipt. CLAUSE NO. X8 Settlement shall be on or about ninety (90) days from the date of ~his aqreement, or as soon thereafter, allowing a reasonable time to correct any title defects reported by the title examiner and preparation and signing of the necessary documents to enable the City of Virginia Beach to take proper title. CLAUSE NO. ~9 There have been no other promises, considerations or representations made which are not set forth in this instrument. CLAUSE NO. 20 THE COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES AND INDEMNITIES OF LANDOWNER CONTAINED IN THESE PARAGRAPHS SHALL SURVIVE THE OCCURRENCE OF ANY EVENT WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, FINAL CLOSING AND DELIVERY OF THE DEED TRANSFERRING TITLE TO THE LAND. CLAUSE NO. 21 In accordance with instructions by the Department of the Treasury, Internal Revenue Service, for Form 1099S, you are required by Law to provide the City Attorney's Office, Municipal Center, Virginia Beach, Virginia 23456 with your correct taxpayer identification number. If you do not provide the City Attorney's Office with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law. CL~.USE NO. 22 Under the penalties of perjury, I/we certify that the number(s) shown on this agreement of sale is/are my/our correct taxpayer identification number (s) . WITNESS THE FOLLOWING SIGNATURES AND SEALS: CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of City Manager LANDOWNER ( S ): Name (SEAL) TIN # MAILING ADDRESS Name (SEAL) TIN # MAILING ADDRESS Name (SEAL) TIN # MAILING ADDRESS Name (SEAL) TIN # MAILING ADDRESS Certified as to Availability of Funds Content Approved Form Approved Director of Finance Real Estate Agent City Attorney Revised 04/04/94 X/]RGINiA MEMORANDUM Department of Public Utilmes Office of the Director Mumapal Center VlrgJma Beach, VA 23456-9041 (804) 427-4346 FAX (804) 427-3183 TO: FROM: SUBJECT: Kathleen Hassen, Executive Clarence Warnstaff, Public Utilities Citizen Inquiry from Ellis Lee Waddell DATE: November 15, 1994 We have investigated the concerns expressed in Mr. Waddell's letter relative to responsibility for maintenance of his sewage line from the sidewalk to the "drop". Mr. Waddell's house, which was built about 1980, and several others in the general vicinity cannot be served by gravity sewer because of the topography in the area. These houses are connected to the city sewer system by private grinder pumps and private force mains which feed or "drop" into our sewer manholes. The maintenance and repair of the private force mains have always been the owners' responsibility. In this instance, it appears that Mr. Waddell is attempting to negotiate an agreement for the city to assume his responsibilities for the force main maintenance and repair within the right-of-way. Public Utilities does not maintain private force mains. Attached is a copy of two letters from Public Works/Real Estate, responding to Mr. Waddell's letter. I understand that subsequent to the November 4th letter, condemnation proceedings have been initiated to obtain the property for the sidewalk. WC/cjl Attachment cc: Ralph Smith, Public Works - 18 - Item 111-1.5. RESOL UTIONS/ORDINANCES ITEM # 38897 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Councd ADOPTED: Ordinance appointing viewers in the Petition of the City of Virginia Beach, Virginia, for the closure of a portion of a certain street known as Princess Anne Road, as shown on the plat entitled, "Resubdivision of property of Ida Mae Malbon" (PRINCESS ANNE BOROUGH). The Viewers are: David M. Grochmal Director of General Services Robert J. Scott Director of Planning Ralph A. Smith Director of Public Works Vottng: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert Ic2 Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessorns, Jr. March 7, 1995 NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 7th day of March, 1995, at 2:00 P.M., in the City Council Chambers, City Hall, Municipal Center, Virginia Beach, Virginia 23456, the undersigned will petition the Council for the appointment of Viewers to view the hereinafter described portion of Princess Anne Road and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing, and discontinuance of the portion of same. The said portion of the street being described as follows: PARCEL B ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as beginning at a pin at the point of intersection of the eastern right of way line of Relocated Princess Anne Road and the northern right of way line of Flanagans Lane, thence following the eastern right of way line of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 219.45 feet to a pin at the TRUE POINT OF BEGINNING; thence north 77° 31' 55" east 67.55 feet to a pin; thence turning and running in a northerly direction along the western right of way line of what was formerly Princess Anne Road, along the arc of a curve with a radius of 413.90 feet an arc distance of 195.39 feet to a pin; thence north 44° 56' 56" west 43.05 feet to a pin; thence following the eastern right of way line of Relocated Princess Anne Road in a southerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 220.43 feet to the TRUE POINT OF BEGINNING, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 2, 1995," prepared by Hayes, Seay, Mattern and Mattern, Inc. PARCEL C ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as beginning at a pin at the point of intersection of the eastern right of way line of Relocated Princess Anne Road and the northern right of way line of Flanagans Lane, thence following the eastern right of way of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 439.88 feet to a pin at the TRUE POINT OF BEGINNING; thence continuing along the eastern right of way of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 62.13 feet to a point; thence continuing along the eastern right of way line of Relocated Princess Anne Road north 24° 47' 46" west 20.96 feet to a pin; thence south 44° 56' 56" east 120.53 feet to a point; thence continuing in a southerly direction along the eastern right of way line of what was formerly Princess Anne Road along the arc of a curve with a radius of 443.90 feet an arc distance of 212.40 feet to a pin; thence south 77° 31' 55" west 30.13 feet to a pin; thence turning and running in a northerly direction ~long the western right of way line of what was formerly Princess Anne Road along the arc of a curve with a radius of 413.90 feet an arc distance of 195.39 feet to a pin; thence north 44° 55' 56" west 43.05 feet to a pin at the TRUE POINT OF BEGINNING, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 2, 1995," prepared by Hayes, Seay, Mattern and Mattern, Inc., which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach upon adoption of an Ordinance closing that portion of the former Princess Anne Road herein described. The aforementioned plat is currently on file in the Real Estate Office, Department of Public Works, Municipal Center, Virginia Beach, Virginia 23456. At that time, any affected person may appear and be heard. At the next regular meeting of the City Council after the report of the Viewers is received, or as soon thereafter as the matter may be placed on the Council agenda, the undersigned will Petition the City Council to vacate, close and discontinue the portion of street in the City of Virginia Beach, Virginia as described above. CITY OF VIRGINIA BEACH, a municipal corporation By Of Counsel~ David S. Hay, Esquire City Attorney's Office Municipal Center Virginia Beach, VA 23456 (804) 427-4531 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS PRINCESS ANNE ROAD AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA," DATED FEBRUARY 2, 1995, ATTACHED HERETO AND MADE A PART HEREOF. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, the City of Virginia Beach, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the petitioner applies for the vacating, closing, and discontinuance of that certain street, which is more specifically described as follows: PARCEL B ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as beginning at a pin at the point of intersection of the eastern right of way line of Relocated Princess Anne Road and the northern right of way line of Flanagans Lane, thence following the eastern right of way line of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 219.45 feet to a pin at the TRUE POINT OF BEGINNING; thence north 77° 31' 55" east 67.55 feet to a pin; thence turning and running in a northerly direction along the western right of way line of what was formerly Princess Anne Road, along the arc of a curve with a radius of 413.90 feet an arc distance of 195.39 feet to a pin; thence north 44° 56' 56" west 43.05 feet to a pin; thence following the eastern right of way line of Relocated Princess Anne Road in a southerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 220.43 feet to the TRUE POINT OF BEGINNING, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 2, 1995," prepared by Hayes, Seay, Mattern and Mattern, Inc. PARCEL C ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as beginning at a pin at the point of intersection of the eastern right of way line of Relocated Princess Anne Road and the northern right of way line of Flanagans Lane, thence following the eastern right of way of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 439.88 feet to a pin at the TRUE POINT OF BEGINNING; thence continuing along the eastern right of way of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 62.13 feet to a point; thence continuing along the eastern right of way line of Relocated Princess Anne Road north 24° 47' 46" west 20.96 feet to a pin; thence south 44° 56' 56" east 120.53 feet to a point; thence continuing in a southerly direction along the eastern right of way line of what was formerly Princess Anne Road along the arc of a curve with a radius of 443.90 feet an arc distance of 212.40 feet to a pin; thence south 77° 31' 55" west 30.13 feet to a pin; thence turning and running in a northerly direction along the western right of way line of what was formerly Princess Anne Road along the arc of a curve with a radius of 413.90 feet an arc distance of 195.39 feet to a pin; thence north 44° 55' 56" west 43.05 feet to a pin at the TRUE POINT OF BEGINNING, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 2, 1995," prepared by Hayes, Seay, Mattern and Mattern, Inc., which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach upon adoption of an Ordinance closing that portion of the former Princess Anne Road herein described. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of a portion of said street; and the petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing whether in their opinion, what inconvenience, if any, would result from discontinuing and closing the same. 3. That on the 24th day of February, 1995, and the 3rd day of March, 1995, Notice of the presenting of this Application was published in the Virginia Beach Sun, a newspaper of general circulation in the City of Virginia Beach, Virginia, as evidenced by the Affidavit and Notice attached hereto. Respectfully submitted, CITY OF VIRGINIA BEACH By ~~Of~Cou~sel David S. Hay Assistant City Attorney Municipal Center Virginia Beach, VA 23456 (804) 427-4531 AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, David S. Hay, attorney for the City of Virginia Beach, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent the City of Virginia Beach. 2. That on the day of February, 1995, and on the day of March, 1995, notice of the presenting of the application to close a portion of that certain street known as Princess Anne Road on behalf of the City of Virginia Beach was published in the Virginia Beach Sun, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. David S. Hay 1995. Subscribed and sworn to before me this day of ~, My commission expires: Notary Public ORDINANCE ~PPOINTING VIEWERS WHEREAS, the City of Virginia Beach has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 7th day of March, 1995, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the hereinafter described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of such portion of the hereinafter described street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott, David M. Grochmal, and Ralph A. Smith are hereby appointed to view the hereinafter described property and report in writing to the Council as soon as possible, whether, in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of that certain portion of Princess Anne Road located in the City of Virginia Beach, Virginia, and more particularly described as follows: PARCEL B ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as beginning at a pin at the point of intersection of the eastern right of way line of Relocated Princess Anne Road and the northern right of way line of Flanagans Lane, thence following the eastern right of way line of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 219.45 feet to a pin at the TRUE POINT OF BEGINNING; thence north 77° 31' 55" east 67.55 feet to a pin; thence turning and running in a northerly direction along the western right of way line of what was formerly Princess Anne Road, along the arc of a curve with a radius of 413.90 feet an arc distance of 195.39 feet to a pin; thence north 44° 56' 56" west 43.05 feet to a pin; thence following the eastern right of way line of Relocated Princess Anne Road in a southerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 220.43 feet to the TRUE POINT OF BEGINNING, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE 1" = 50'; DATE: " prepared by Hayes, , JANUARY 9, 1995, Seay Mattern and Mattern, Inc. PARCEL C ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as beginning at a pin at the point of intersection of the eastern right of way line of Relocated Princess Anne Road and the northern right of way line of Flanagans Lane, thence following the eastern right of way of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 439.88 feet to a pin at the TRUE POINT OF BEGINNING; thence continuing along the eastern right of way of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 62.13 feet to a point; thence continuing along the eastern right of way line of Relocated Princess Anne Road north 24° 47' 46" west 20.96 feet to a pin; thence south 44° 56' 56" east 120.53 feet to a point; thence continuing in a southerly direction along the eastern right of way line of what was formerly Princess Anne Road along the arc of a curve with a radius of 443.90 feet an arc distance of 212.40 feet to a pin; thence south 77° 31' 55" west 30.13 feet to a pin; thence turning and running in a northerly direction along the western right of way line of what was formerly Princess Anne Road along the arc of a curve with a radius of 413.90 feet an arc distance of 195.39 feet to a pin; thence north 44° 55' 56" west 43.05 feet to a pin at the TRUE POINT OF BEGINNING, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 2, 1995," prepared by Hayes, Seay, Mattern and Mattern, Inc., which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach upon adoption of an Ordinance closing that portion of the former Princess Anne Road herein described. Ail of the above as shown upon that certain plat entitled "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA - " which BEACH, VIRGINIA, SCALE 1" - 50' DATE: FEBRUARY 2, 1995, plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the street described above. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of March , 1995. APPROVED AS TO CONTENT (~ffce of Real Estate APPROVED AS TO LEGAL SUFFICIENCY De-t~artment of ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS PRINCESS ANNE ROAD AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA," DATED FEBRUARY 2, 1995, ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, it appearing by affidavit that proper notice has been given by the City of Virginia Beach that it would make application to the Council of the City of Virginia Beach, Virginia, on March 7, 1995, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: PARCEL B ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as beginning at a pin at the point of intersection of the eastern right of way line of Relocated Princess Anne Road and the northern right of way line of Flanagans Lane, thence following the eastern right of way line of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 219.45 feet to a pin at the TRUE POINT OF BEGINNING; thence north 77° 31' 55" east 67.55 feet to a pin; thence turning and running in a northerly direction along the western right of way line of what was formerly Princess Anne Road, along the arc of a curve with a radius of 413.90 feet an arc distance of 195.39 feet to a pin; thence north 44° 56' 56" west 43.05 feet to a pin; thence following the eastern right of way line of Relocated Princess Anne Road in a southerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance oZ 220.43 feet to the TRUE POINT OF BEGINNING, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 2, 1995," prepared by Hayes, Seay, Mattern and Mattern, Inc. GPIN: PARCEL C ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as beginning at a pin at the point of intersection of the eastern right of way line of Relocated Princess Anne Road and the northern right of way line of Flanagans Lane, thence following the eastern right of way of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 439.88 feet to a pin at the TRUE POINT OF BEGINNING; thence continuing along the eastern right of way of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 62.13 feet to a point; thence continuing along the eastern right of way line of Relocated Princess Anne Road north 24° 47' 46" west 20.96 feet to a pin; thence south 44° 56' 56" east 120.53 feet to a point; thence continuing in a southerly direction along the eastern right of way line of what was formerly Princess Anne Road along the arc of a curve with a radius of 443.90 feet an arc distance of 212.40 feet to a pin; thence south 77° 31' 55" west 30.13 feet to a pin; thence turning and running in a northerly direction along the western right of way line of what was formerly Princess Anne Road along the arc of a curve with a radius of 413.90 feet an arc distance of 195.39 feet to a pin; thence north 44° 55' 56" west 43.05 feet to a pin at the TRUE POINT OF BEGINNING, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 2, 1995," prepared by Hayes, Seay, Mattern and Mattern, Inc., which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach upon adoption of an Ordinance closing that portion of the former Princess Anne Road herein described. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 1995.sl APPROVED AS TO CONTENT Office of Real Estate APPROVED AS TO LEGAL SUFFICIENCY Department of Law JON M AHERN R EDWARD BOURDON, JR THOMAS S CARNES JAMES T CROMWELL LINDA NYE HUSS KEITH L KIMBALL KIILK B LEV%' TODD M LYNN JENNIFER D ORAM-SMITH JAMES L PEDIGO, JR HOWARD R SYKES, JR SYKES, CARNES, BOURDON & AHERN, P. C. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK PEMBROKE ONE-THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 October 21, 1994 TELEPHONE 499-8971 AREA CODE 804 FACSIMILE (804) 456-5445 OR 671-1454 I, R. Edward Bourdon, Jr., attorney for Ida Mae Malbon, widow, do hereby certify that: 1. I am an attorney at law and represent Ida Mae Malbon, widow. 2. That based upon my examination of title, it is my opinion that equitable title to that portion of the street sought to be closed is duly vested in the City of Virginia Beach, a municipal corporation. 3. The portion of street to be closed, referred to herein is described as follows: SEE ATTACHED EXHIBIT "A" SYKES, CARNES, BOURDON & AHERN, P.C. By _ _ R. Edward Bourdon, Jr. / 4872i 0 C00 'T T PARCEL B ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as beginning at a pin at the point of intersection of the eastern right of way line of Relocated Princess Anne Road and the northern right of way line of Flanagans Lane, thence following the eastern right of way line of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 219.45 feet to a pin at the TRUE POINT OF BEGINNING; thence north 77° 31' 55" east 67.55 feet to a pin; thence turning and running in a northerly direction along the western right of way line of what was formerly Princess Anne Road, along the arc of a curve with a radius of 413.90 feet an arc distance of 195.39 feet to a pin; thence north 44° 56' 56" west 43.05 feet to a pin; thence following the eastern right of way line of Relocated Princess Anne Road in a southerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 220.43 feet to the TRUE POINT OF BEGINNING, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 2, 1995," prepared by Hayes, Seay, Mattern and Mattern, Inc. PARCEL C ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as beginning at a pin at the point of intersection of the eastern right of way line of Relocated Princess Anne Road and the northern right of way line of Flanagans Lane, thence following the eastern right of way of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 439.88 feet to a pin at the TRUE POINT OF BEGINNING; thence continuing along the eastern right of way of Relocated Princess Anne Road in a northerly direction along the arc of a curve with a radius of 1313.24 feet an arc distance of 62.13 feet to a point; thence continuing along the eastern right of way line of Relocated Princess Anne Road north 24° 47' 46" west 20.96 feet to a pin; thence south 44° 56' 56" east 120.53 feet to a point; thence continuing in a southerly direction along the eastern right of way line of what was formerly Princess Anne Road along the arc of a curve with a radius of 443.90 feet an arc distance of 212.40 feet to a pin; thence south 77° 31' 55" west 30.13 feet to a pin; thence turning and running in a northerly direction along the western right of way line of what was formerly Princess Anne Road along the arc of a curve with a radius of 413.90 feet an arc distance of 195.39 feet to a pin; thence north 44° 55' 56" west 43.05 feet to a pin at the TRUE POINT OF BEGINNING, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 2, 1995," prepared by Hayes, Seay, Mattern and Mattern, Inc., which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach upon adoption of an Ordinance closing that portion of the former Princess Anne Road herein described. - 19 - Item III-J. 1. APPOINTMENTS ITEM # 38898 BY CONSENSUS, City Council RESCHEDULED: SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD March 7, 1995 - 20 - Item 111-1(,1. UNFINISHED BUSINESS ITEM # 38899 By a VERBAL CONSENSUS, City Council concurred if a City Council Candidate cannot be present for the Interview, he or she will still be considered. Voting: 9-0 Council Members Voting Aye: John A. Baum, Ltnwood 0 Branch, III, Robert IE Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy ~ Parker and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Abstaining John D. Moss Counctl Members Absent: V~ce Mayor William D. Sessoms. Jr. Mayor Oberndorf read into the record: NAMES SUBMITTED IN NOMINATION AS CITY COUNCIL CANDIDATES: (Interviews scheduled Friday, 17 March 1995, 2:30 PM, City Council Chamber) Nony E. Abrajano William J. Cashman Judith Dockery Harold Heischober Manuel A. Hipol Reba S. McClanan Delceno C. Miles Jody M. Wagner March 7, 1995 - 21 - Item III-tC2. UNFINISHED BUSINESS ITEM # 389OO Councilman Moss delivered his statement of farewell and gratitude: "March 7, 1995 Democracy, as embodied by the ideals and principles of the early American revolutionary experience, its philosophical foundations reflected in the Declaration of Independence, the recognition of inalienable rights of citizens beyond limitation by government, and the belief in individualism over loyalty to the state, is the civil religion from which our strength and value in the international community is determined. My love of the American democratic experience and ideals, and my dedication to its furtherance through the empowerment of individuals and limiting of government's scope and spending, is the motivation of my public service. This personal embrace of our nation's civil religton- - American democratic federahsm -- best captured by the works, letters and words of Thomas Jefferson, was fostered by a love of rea&ng created by my parents, and a love of learmng fostered by a few gifted and talented Virgima Beach school teachers. We, as a people, need to renew our understanding of our democratic ideals and principles, and find the inner strength of faith in democracy to practice tolerance and empowerment of individuals to pursue their happiness and exercise of inalienable personal liberties. Buil&ng a sense of community around core democratic values rather than economic relationships, buildings, and public spending is a noble and just cause, and a charge NOT beyond the leadership responsibility of City Council. Each of us, as citizens, must set continuously higher standards of accountability to which public servants and elected officials are held. The most effective limit on government and, therefore, the most effective tool for expanding personal liberty, is for each of us, as citizens, to set and meet higher and higher standards of self-reliance and accountability. The threat we face is the greed of monied special interests for absolute polittcal power. Smart voting is the thin hne between a citizen driven government and cttizens victtmtzed by a City Council elected in style over substance campaigns To-date the record is mixed, but clearly the choice belongs to a majority of the vottng public Challenges have never been greater, and the consequences of our collecttve choices have never been more obvious. Effective midnight, March 15, 1995, my place in the quest for accountable and restrained government in Virginia Beach becomes a matter of history. Six and one-half years of public service as your elected Council Member has been both humbling and exhilarating. There ts no greater honor or prtvilege then to be granted the leadership opportunity of elected office by one's fellow cittzens. I cannot say "thank you" enough for the expertence and memories of working for you on the government closest to the people - -Ctty Council. the front lines of government. I want to thank members of the larger Navy family that made special efforts to secure my retention in Virgtnia Beach Please do not take my decision to transfer to Memphis despite alternative offers as being unappreciative. It is a time for loolang ahead, and not back, though I have countless fond memories of Virginia Beach and Princess Anne County. March 7, 1995 - 22 - Item III-K. 2. UNFINISHED BUSINESS ITEM # 38900 (Continued) There are just a few people I wouM like to recognize and say "thank you" for being a friend. To my partner, Kathy, there are no words for your tolerance of midnight telephone calls, nights away from home, last minute schedule changes, and my staying up past 2 a.m. Kathy, thanks for being an outstanding mother, teacher and wife. You are the best "Sweetheart". A special thanks goes to my parents, Finas and Marion Moss. Six and one-half years of Ctty Council, while working a full-time job, were made possible by the tireless and unselfish support of my Mom and Dad. Watching John Robert and Thomas at a moments notice, firing things around the house and caring for stck children, are just examples of a very special family closeness. The Waltons would be jealous. John Robert and Thomas, my boys, thank you for exceeding any father's expectations of behavior and achievement. Meyera, Honorable Mayor, my deepest appreciation for your dedication to my pohtical education and public service. More importantly, thanks for your friendship, which predates and transcends our City Council teamwork. May the public never lose its wisdom to continue to re-elect you as its Mayor. It is my wish to see the Commonwealth have the wisdom one day to elect you Governor. I will miss you more then words can express. Robert, Councilman Dean, thank you for setting a standard of volunteer public servtce on which one day in my retirement I hope to gain ground. Your frtendship and the times our two families spent together will be cherished forever. Young Thomas wants to know if he can still call you and wsit Uncle Robert's house. Nancy. Councilwoman Parker, we began thts journey what now seems so long ago in 1985. Outside of my own extended family, I never had a closer and more committed friend. We have worked as brother and sister on City Council and as a team for our mutual family -- the citizens of Virginia Beach. Your leadership is now more important then ever in speaking for the public interest versus special interests. Expect to hear from me frequently, come and visit the Moss family in Memphis. Remember, never retreat from your principles, never tire from a fight over principles and watch the money trail. To our outstanding keeper of the public trust, Mr. Les Lilley, our City Attorney, continue your allegiance to the democratic process. Les, you are among a select group of people who know the value of keeping your word and maintaining confidentiality. If I had six votes, you would have been City Manager long ago. You put serving the public ahead of building your resume. Integrity in appointed government positions is in short supply - - thanks for your counsel, friendship and not compromising your tntegrity. Untiring, unselfish, perfectionist, thoughtful and forward thinking are just a few of the characteristics that capture the spirit of the Ctty Clerk, Mrs. Smith. Ruth, our association predates my service on Council to when I was interning with the City in 1978. The cttizens could never be better served. Your performance has been above and beyond the call of duty. The Moss family extends its sincerest appreciation to you and your family for your dedication to Virginia Beach. March 7, 1995 - 23 - Item III-I~ 2. UNFINISHED BUSINESS ITEM # 38900 (Continued) Last but not least I want to thank the United States Navy and my co-workers at the Navy Manpower Analysis Center for allowing me the opportunity to serve my community on the Virginia Beach City Council I owe you a debt of gratitude for permitting me to accomplish a boyhood dream and nurturmg leadership and analytical skills to the benefit of both the Navy and Virginia Beach. In closing, my final remarks are for all the people who never lost faith in me, constituted the sweat equity of my election campaigns, and friends who always pumped me up and renewed my spirit - - Remember to vote smart. Vote for candidates who put kids first, put needs before wants, resist debt, favor empowering citizens to independently restrain government borrowing, spending, rezoning and taxing, and who have a love for, and understanding of, democratic ideals. With warm regards and fond memories, I remain your Public Servant. Sincerely, John D. Moss Councilman - At Large" March 7, 1995 - 24 - Item III-L. 1. NEW BUSINESS ITEM # 38901 ADD-ON Councilman Dean referenced invitation to the Mayor and Members of City Council relative attending NASA LANGLEY RESEARCH CENTER TOPS '95 (Technology Opportunities Showcase) at 10:00 A.M., Friday, April 7, 1995. A special briefing on technology transfer opportunities and a tour of the exhibits as has been planned. The invitation was also extended to include members of the Economic Development staff. The goal of TOPS ts to develop partnerships with Peninsula businesses, state companies and industry nationwide for the commercialization of both aerospace and non-aerospace technologies. Councilman Dean hoped several Members of City Council and Economic Development staff would attend this most ~mportant opportunity. Said letter is hereby made a part of the record. March 7, 1995 Item III-L. 2. NEW BUSINESS ADD-ON ITEM # 389O2 Councilman Branch inquired relattve the issues involved with the School Board elections concerning the new electoral system for Ctty Councd. The City Attorney advised there are separate but related issues relative School Board and City Council elections. A procedure has been established for the School Board, which is based on the Council election process, by the At-Large voting boroughs. If the boroughs are changed, the City Council must examine at next year's General Assembly how this will affect the School Board. It is extremely difficult to have two separate voting arrangements and a difficult chore for the electoral board to manage. Councilman Harrison advised if the Governor signs this legislation (HB 1593), perhaps the City Council could urge the Governor to have the veto session include this amendment to be applicable to the School Board election provisions in the City Charter. Therefore, both will be amended at the same time. Councilman Moss advised the state statute which provides for the election of School Boards already makes the provision that the School Board election process shall mirror that of the local governing body. It is his understanding by the application of that State statute, the School Board electron process would be changed. The State law would take precedence over the City's Charter. The City Attorney advised the initial Board must be elected in the same manner as the City Council. If the Charter is changed relative the Council boroughs, it will have an affect on the provision of how School Board members are elected. One-half of the School Board has been appointed, and the other 'half were directly elected. The second School Board election will take place in May 1996. After this, the School Board will be totally elected. The difficulty is the City is in the process of staggering into a fully elected board. There are two Charter provisions. Councilman Baum believed the residents tn the Southend of the City are bitter and have no recourse. Councilman Baum advised there is nothing wrong with reexamination. If the Agricultural Advisory Commission was respected by the City Council and the Agricultural Reserve Program or something similar informed the residents in the southend of their future, this area might not need representation. Most of the citizens and the City Staff do not understand agricultural problems. In addition to economic problems, the farmer must also deal with weather problems. This area needs to be represented. Councilman Branch inquired of the options if the equalization issue was approved, and the lines were drawn and sent to the Justtce Department. The City Attorney advised the HB 1593 calls for the districts to be effective July L 1998, but will be formed by City Council by March 1, 1996. There is to be an Advisory Referendum in May 1996 relative elections by and from the districts. The Justice Department can approve the new equalization, or withhold judgement on it until the results of the Advisory Referendum. There are many variations. The City Attorney advised two options relative the School Board elections, change 16.04 in the Charter so the Election in 1996 would be for two year terms or the City will be four years late in transitioning the School Board into the City Council system. Council Lady Strayhorn expressed concern with the existing process to decide the borough fines. The City Council did invest in statistical softwear, which has built-in logtc checks relative to the voting acts criteria. The City Attorney referenced the City has the softwear and capability of drawing lines in -house and with City Council's permission, Election Data Services was engaged as a consultant. Election Data Services provided statistical analysis from a voting perspective as this is a separate discipline. March 7, 1995 - 26 - Item III-L. 3. NEW BUSINESS ITEM # 38903 ADD-ON Mayor Oberndorf advised this past weekend, March 2 - 5, by the Mayor, Vice Mayor Sessorns, Councilman Branch and C. Oral Lambert - Chief of Staff, visited the Greater Miami area and attended the Grand Prix Race in Miami, Florida. In addition, the delegation had the opportunity to visit with the Convention and Tourist Bureau and the police officers. The officers devised a program entitled TOP, Tourist Oriented Policing. These officers are especially trained to respond not only to citizens, but tourists. A video and booklet relative their activities was given to the Mayor. The delegation visited various portions of the Greater Miami area. CocoWalk consists of 2.2 acres of land, just off the water. The Urban Land Institute made the recommendations for this shopping area, which had $38-MILLON gross sales. The Greater Miami area also contains an Art Nevo District, which has restored buildings to the glamour of the 1950's. By utilizing HUD funds, old homes have been adopted and renovated by citizens. The group toured the 20,000 seat arena. This seating is arranged tn such a manner there ts no visual obstruction and the acoustics are perfect. The Mayor advised of meeting the City Manager of Coral Gables, Florida, who was one of the Budget Analysts during the inception of the Grand Prix. The cost benefit ratios are unbelievable. The representatives visited the race on Saturday. The audience was well behaved and of all ages and reminded the Mayor of the audience at the Kentucky Derby. The Mayor spoke with Bobby Unser, who is a NASCAR favorite. Mr. Unser was very encouraging and pointed out this portion of the United States needs to examine a date and location for a Grand Prix. The Grand Prix in Miami took approximately three or four years to achieve success. 30,000 rooms were rented as a result of the race and many other economic benefits were derived. Even though there are twenty-seven localities in the Greater Miami area, they were able to get together and create one convention and tourist bureau, which is privatized. There are 93 employees with an in- house public relations firm The Miami Promotional V'uteo will be presented to City Council during the City Council Session of March 14, 1995. Mayor Oberndorf extended a pubhc accolade to the Chief of Staff, C. Oral Lambert March 7, 1995 - 27 - ADJOURNMENT ITEM # 38904 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:10 P.M. Beverly O. Hooks, CMC Chtef Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E Oberndorf Mayor City of Virginia Beach Virgima March 7, 1995