HomeMy WebLinkAboutJUNE 6, 1995 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF At L~rge
VICE MAYOR WILL.lAM D SESSOMS IR At-Large
JOHN A BAUM Blacl~ater Borough
LINWOOD 0 BRANCH III V~rgmza Beach Borough
ROBERT K DEAN P. nccss Anne Borough
W W HARRJSON JR Lvnnhaven Borough
HAROLD HEISCHOBER ~,t Large
BARBARA M HENLEY, Pungo Borough
LOUIS R JONES, Bay~de Btyrough
NANCY K PARKER At-Large
LOUISA M STRAYHORN gempmlle Borough
JAMES K SPORE C, ty Manager
LESLIE L. LJLLEY, C~ty Attorney
RUTH HODGES SMITH CMC / AAE Cffy Clerk
CITY COUNCIL AGENDA
3une 6, 1995
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456 9005
(8041 427 4303
I. AGENDA REVIEW SESSION
- Conference Room -
11:30 AM
ao
Bo
REVIEW OF AGENDA ITEMS
CITY COUNCIL CONCERNS
II. INFORMAL SESSION
- Conference Room -
12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
Iii. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Rabbi Israel Zoberman
Beth Chaverim Synagogue
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
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SPECIAL FORMAL SESSION
INFORMAL & FORMAL SESSIONS
SPECIAL FORMAL SESSION
May 22, 1995
May 23, 1995
May 31, 1995
G. ADOPT AGENDA FOR FORMAL SESSION
He
CONSENT AGENDA
The Consent Agenda will be determined during the Informative Session and considered
in the ordinary course of business by City Council to be enacted by one motion.
I. RESOLUTION/ORDINANCES
i ·
City Zoning Ordinance of the Code of Virginia Beach re Borrow
Pits:
a·
Resolution referring to the Planning Commission an
Ordinance to AMEND and REORDAIN Sections 111 and 227.
b. Ordinance to AMEND and REORDAIN Article II, Chapter 30.
·
Ordinance to AMEND and REORDAIN Section 2-343 of the Code of
the City of Virginia Beach re records of the City Council.
·
Ordinance to authorize the City Manager to execute a lease
with Kokoamo's L.L.C for the use of approximately one (1) acre
of City owned property along the shore of Long Creek and
adjacent to Marina Shores, Ltd.
0
Ordinances to authorize acquisition of property in fee simple
for right-of-way and the acquisition of temporary and
permanent easements of right-of-way, either by agreement or
condemnation:
a·
Indian River Road, Phase VI CIP 2-095 (KEMPSVILLE
BOROUGH).
b·
Princess Anne Plaza Drainage, Phase II CIP 2-114
(LYNNHAVEN and PRINCESS ANNE BOROUGHS).
·
Ordinance to ACCEPT and APPROPRIATE $15,000 in additional
revenue from the Virginia Department of Motor Vehicles (DMV)
to the Police Department's FY 1994-1995 Operating Budget re
additional overtime capabilities to enhance DUI enforcement.
·
Ordinance to TRANSFER $342,188 from the General Fund Reserve
for Contingencies to the Virginia Beach Court Service Unit's
FY 1994-1995 Operating Budget re increased costs for juvenile
detention and group home services.
·
Ordinance to TRANSFER $103,700 from First Colonial Road Phase
III Project #2-833 to Bow Creek Bridge Pro3ect #2-173 re
increased construction costs.
·
Ordinance re a cooperative agreement between the City Council
and the School Board re legal services provided the School
Board by the office of the City Attorney.
·
Ordinance to authorize a temporary encroachment into a portion
of the right-of-way of Elbow Road Relocated to Baymark
Construction Corporation re constructing and maintaining a
white vinyl rail fence (KEMPSVILLE BOROUGH).
10. Ordinance appointing viewers in the petition of Bay Properties
for the closure of a portion of Reliance Drive, Parcels 91, 94
and residual acreage, being a resubdivision of the property of
the Virginia Beach Development Authority (PRINCESS ANNE
BOROUGH).
11. Ordinances to authorize License Refunds in the amount of
$7,814.25.
J. APPOINTMENTS
MINORITY BUSINESS COUNCIL
RAAC - RESORT AREA ADVISORY COUNCIL
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
ae
be
Lake Edward Neighborhood Advisory Council - Neighborhood
Safety. (Sponsored by Councilman Louis R. Jones)
Ordinance to AMEND and REORDAIN Section 21-79 of the Code
of the City of Virginia Beach re automobile decals for
Volunteer Police Chaplains, Auxiliary Deputy Sheriffs,
Disabled Veterans and Surviving Spouses of Disabled
Veterans. (Sponsored by Mayor Meyera E. Oberndorf)
Ordinance to AMEND and REORDAIN Chapter 6, Sections 6-
16.1 and 6-120.1 of the Code of the City of Virginia
Beach re recreational area for swimming and personal
watercraft.
(Sponsored by Councilman William W. Harrison, Jr.)
M. ADJOURNMENT
* * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
* * * * * * * * *
06/01/95BAP
AGENDA\06-06-95. ITM
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 6, 1995
Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, June 6,
1995, at 11:30 A.M.
Council Members Present:
Linwood O. Branch, III, Barbara M. Henley, Harold Heischober, Louis
R. Jones, Mayor Meyera E. Oberndorf and Vice Mayor William D.
Sessorns, Jr.
Council Members Absent:
John A. Baum
Robert K. Dean
William W. Harrison, Jr.
Nancy K Parker
Louisa M. Strayhorn
[ENTERED: 11:45 A.M.]
[ENTERED: 11.45 A. M.]
[ENTERED: 11:44 A.M.]
[ENTERED: 12:00 NOON]
[OUT OF CITY~ ATTENDING
25th REUNION OF HUSBAND'S
GRADUATION FROM HARVARD]
-2-
AGENDA
REVIEW
11:30 A.M.
ITEM # 39275
SESSION
Council Lady Henley referenced:
Item L1.
City Zoning Ordinance of the Code of Virginia Beach re Borrow Pits:
Resolution referring to the Planning Commission an Ordinance
to AMEND and REORDAIN Sections 111 and 227.
Ordinance to AMEND and REORDAIN Article Il, Chapter
30.
Council Lady Henley expressed concerns relative exemptions for borrow pits or stormwater management
facilities. Council Lady Henley believed this would enable individuals to enlarge their stormwater
management facility and then sell the excess. The City is exempting any excavation which is now less than
an acre instead of 10,000 square feet. Council Lady Henley referenced a particular golf course where
more fill was excavated than needed for the stormwater drainage for the retention ponds, then the excess
was sold. Vice Mayor Sessorns also expressed concern with this waiver and believed these concerns shouM
be addressed at the Planning Commission.
A verbatim of Council Members' concerns will be forwarded with the accompanying Ordinance to the
Planning Commission.
ITEM # 39276
Mayor Oberndorf referenced:
Item L 6.
Ordinance to TRANSFER $342,188 from the General Fund Reserve for
Contingencies to the Virginia Beach Court Service Unit's FY 1994-1995
Operating Budget re increased costs for juvenile detention and group
home services.
Councilman Heischober noted there should be a correction: "Virginia Beach Court Service Unit's
· ~,,J-~,,., FY 1994-1995 Operating Budget."
Councilman Dean requested clarification of the increased costs.
ITEM # 39277
BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA:
ORDINANCES/~SOL UTION
1.2.
Ordinance to AMEND and REORDAIN Section 2-343 of the Code of
the City of Virginia Beach re records of the City Council
L3.
Ordinance to authorize the City Manager to execute a lease with
Kokoamo's L.L.C for the use of approximately one (1) acre of City
owned property along the shore of Long Creek and adjacent to Marina
Shores, Ltd.
June 6, 1995
-3-
AGENDA REVIEW SESSION
ITEM # 39277 (Continued)
L4.
1.5.
1.7.
L8.
1.9.
LIO
Lll.
Ordinances to authorize acquisition of property in fee simple for right-
of-way and the acquisition of temporary and permanent easements of
right-of-way, either by agreement or condemnation:
1. Indian River Road, Phase VI CIP 2-095 (KEMPSVILLE BOROUGH).
2. Princess Anne Plaza Drainage, Phase H CIP 2-114 (LYNNHAVEN and PRINCESS
ANNE BOROUGHS).
Ordinance to ACCEPT and APPROPRIATE $15,000 in additional
revenue from the Virginia Department of Motor Vehicles (DMV) to the
Police Department's FY 1994-1995 Operating Budget re ad&tional
overtime capabihties to enhance DUI enforcement.
Ordinance to TRANSFER $103,700 from First Colonial Road Phase III
Project #2-833 to Bow Creek Bridge Project #2-173 re increased
construction costs.
Ordinance re a cooperative agreement between the City Council and the
School Board re legal services provided the School Board by the office
of the City Attorney.
Ordinance to authorize a temporary encroachment into a portion of the
right-of-way of Elbow Road Relocated to Baymark Construction
Corporation re constructing and maintaining a white vinyl rail fence
(KEMPSVILLE BOROUGH).
Ordinance appointing viewers in the petition of Bay Properties for the
closure of a portion of Reliance Drive, Parcels 91, 94 and residual
acreage, being a resubdivision of the property of the Virginia Beach
Development Authority (PRINCESS ANNE BOROUGH).
Ordinances to authorize License Refunds in the amount of $7,814.25.
ITEM # 39278
The City Clerk referenced.
Item L.l.a.
Lake Edward Neighborhood Advisory Council - Neighborhood Safety.
(Sponsored by Councilman Louis R. Jones)
Through a miscommunication, this was incorrectly scheduled for today's City Council Session of June 6,
1995. This item will be SCHEDULED FOR JUNE 27, 1995, CITY COUNCIL MEETING. All the
applicable parties have been notified.
June 6, 1995
-4-
AGENDA RE VIEW SESSION
Mayor Oberndorf referenced:
ITEM # 39279
Item L. 1. b.
Ordinance to AMEND and REORDAIN Section 21-79 of the Code of
the City of Virginia Beach re automobile decals for Volunteer Police
Chaplains, Auxiliary Deputy Sheriffs, Disabled Veterans and Surviving
Spouses of Disabled Veterans. (Sponsored by Mayor Meyera E.
Oberndorf)
Council Lady Parker advised the Mayor this item should have been introduced during the Budget process
and not after. Mayor Oberndorf apologized and stated this item represented a loss of approximately
$2,500 in revenue. The City Attorney's office compiled the necessary information for this Ordinance.
ITEM # 39280
Vice Mayor Sessorns advised the City Council Workshop of June 20, 1995, 4:00 P. M. to 6:00 P. M. will
be for the purpose of addressing the performance evaluations of the City Council Appointees.
ITEM # 39281
Councilman Dean referenced notice in the City Manager's Agenda package concerning vacancies on
Virginia Dare Soil and Water Conservation Board. Councilman Dean submitted a resume of Mary
Heinricht for possible appointment. Councilman Dean believed Mary would be an asset to their
organization.
Councilman Baum advised the Virginia Dare Soil and Water Conservation Board had also mentioned
they were trying to contact Dr. Joseph Buchanan, as he had previously lacked enough signatures on his
petition.
ITEM # 39282
Assistant City Attorney Randall Blow referenced:
Item L.l.c.
Ordinance to AMEND and REORDAIN Chapter 6, Sections 6-16.1 and
6-120.1 of the Code of the City of Virginia Beach re recreational area
for swimming and personal watercraft.
(Sponsored by Councilman William W.. Harrison, Jr.)
An effective date of July I, 1995, will be ADDED to the Amendment.
June 6, 1995
-5-
ITEM # 39283
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, June 6, 1995, at 12:05 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis t~ Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor William
D. Sessorns, Jr.
Council Members Absent:
Louisa M. Strayhorn
June 6, 1995
-6-
ITEM # 392~4
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-$44 (A) (1).
To Wit: Appointments: Boards and Commissions:
Chesapeake Bay Preservation Area Board
Hampton Roads Planning District Commission
Minority Business Council
RAAC - Resort Area Advisory Commission
Social Services Board
Tidewater Community College
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-heM property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institutton pursuant to Section 2 1-344(A)(3)
Salem Road Right-of-Way Acquisition Project
Future Location - Social Services Building
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
Lake Gaston settlement and related issues
Diana L. Baughrnan v Collis L. Holloway and City of
Virginia Beach.
Upon motion by Vice Mayor Sessorns, seconded by Councilman Baum, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 8-0
Council Members Voting Aye:
John A. Baurn, Robert K. Dean, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, Nancy IC Parker and Louisa M. Strayhorn
June 6, 1995
-7-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
June 6, 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, June 6, 1995 at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy IC Parker and Vice Mayor William
D. Sessorns, Jr.
Council Members Absent:
Louisa M. Strayhorn
[OUT OF CI~/ A~ENDING
25th REUNION OF HUSBAND'S
GRADUATION FROM HARVARD]
INVOCATION:
Rabbi Israel Zoberman
Beth Chaverim Synagogue
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank disclosed there were no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor Sessorns' letter of January 10, 1995, is hereby made a part of the record.
June 6, 1995
-8-
Item III-C.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 39285
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
Only such public business matters as were identified in 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 O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy I(2 Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June 6, 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 # 39284 Page No. 6 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.
-Rfith Hodges ~mith~, -CMC/AAE
City Clerk
June 6, 1995
-9-
Item III-F. 1/2/3
MINUTES
ITEM # 39286
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ,aPPROVED the
Minutes of the SPECIAL FORMAL SESSION of May 22, 1995, INFORMAL AND FORMAL
SESSIONS of May 23, 1995, and SPECIAL FORMAL SESSION of May 31, 1995.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June 6, 1995
- 10 -
Item III-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39287
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 6, 1995
- 11 -
Item III-H.
CONSENT ,4GEND,4
ITEM # 39288
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council APPROVED in
ONE MOTION, Items 2, 3, 4, 5, 7, 8, 9, 10 and 11 of the CONSENT ,4GEND,4.
Voting: 10-0
Council Members Voting Aye:
John `4. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor William
D. Sessorns; Jr.
Council Members Voting Nay.
None
Council Members Absent:
Louisa M. Strayhorn
June 6, 1995
- 12 -
Item Ill-IL 1. a
CONSENT AGENDA
ITEM # $9289
I~S OL UTIONS/ ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution referring to the Planning Commission an Ordinance to
AMEND and REORDAIN Sections 111 and 227 of the City Zoning
Ordinance, pertaining to Borrow Pits.
City Council expressed concerns relative adding Stormwater Management facilities as an exemption and
increasing the size of the exemption from I0,000 square feet to an acre. A bond should be required not
may be required. Concern was expressed relative the use of the word "sole" as on line 36 "Any
excavation for the sole purpose of conducting a bona fide agricultural operation, including but not limited
to excavations to improve drainage, provide watering facilities for livestock, or create a holding lagoon
for animal waste." Certain aspects shouM be reviewed by the Agricultural Advisory Commission. A
suggestion was made to increase the slope ratio to 4 feet to 1 foot rather than 3 to 1. A verbatim relative
City Council concerns shall accompany the Or&nances to the Planning Commission.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy tC Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June 6 1995
A RESOLUTION REFERRING TO THE
PLANNING COMMISSION AMENDMENTS TO
SECTIONS 111 AND 227 OF THE ZONING
ORDINANCE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
BORROW PITS
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the attached proposed amendments to Sections 111 and 227
of the Zoning Ordinance of the City of Virginia Beach, Virginia,
are hereby referred to the Planning Commission for its
consideration and recommendation.
The Planning Commission is hereby requested to make its
recommendation to the City Council within sixty (60) days of the
date of this resolution.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the
6 day of June , 1995.
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CA-5893
ORDIN~DATA~NONCODE\lll-227.RES
R-1
MARCH 28, 1995
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AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 111 AND 227 OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, ZONING
ORDINANCE PERTAINING TO BORROW PITS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 111 and 227 of the City Zoning Ordinance are
hereby amended and reordained to read as follows:
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present
tense shall include the future; words used in the singular number
include the plural and the plural the singular; the use of any
gender shall be applicable to all genders; the work "shall" is
mandatory; the word "may" is permissive; the word "land" includes
only the area described as being above mean sea level; and the word
"person" includes an individual, a partnership, association, or
corporation·
In addition, the following terms shall be defined as herein
indicated:
· · ·
Borrow pit. Any operation involving the breaking or disturbing
of the surface soil or rock where the primary purpose of the
operation is to facilitate or accomplish the extraction or removal
of sand, soil, gravel, fill, or other similar material
·
thc '
~ ....... ~ ..... ~--~... SD ifi lly pt thi i iti
...... ~.~ ~ .... ec ca exem from s def n on are
the following:
(a) Any excavation for roads, drainage, stormwater management
facilities or similar features necessarily incidental to,
and in accordance with, the approved construction plans
for a residential subdivision or other similar
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development activity, even though the excavated material
may be hauled off-site or sold.
(b) Any excavation for the sole purpose of conducting a bona
fide agricultural operation, including but not limited to
excavations to improve drainage, provide watering
facilities for livestock, or create a holding lagoon for
animal waste.
(c) Any excavation which is less than ten ~..v~..~ ~""~v,v~,
~ ........ one (1) acre in area and less than
~ ...... ~ ~"~) -"~ ..... ~- five hundred (500)tons
~h ....... (i, ........ ~
volum, o~ material.
(d) Any trench, ditch or hole for utility lines, drainage
pipes or other similar public works facilities or
projects where the excavation is in accordance with the
approved construction plans.
CO~fl~ENT
Thedefinitionof ~rrow pith~beenamendedtoco~pond withthedefinition ~t~hinsecfion30-16
oftheCityCode. The amendment~soad~ess~typog~p~le~o~.
Seo. 227. Borrow pits.
(a) Application. Each application for a use permit for a
borrow pit shall include the following information in addition to
the general information required by this ordinance:
(1) A boundary survey of the subject property, together with
the proposed location of the limits of excavation;
(2)The means of vehicular access to the proposed excavation;
(3)The number of cubic yards to be excavated;
(4) The areas proposed for the storage of overburden and
other spoil during the process of excavating;
(5) The proposed date on which excavating will commence, the
proposed date on which the excavation will be completed
and the proposed date that all required restoration
measures are to be completed;
(6) The location of all haul roads leading to public streets
and highways within the area, and the location of all
service roads on site;
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(7) A statement listing the public streets and highways to be
used as haul routes;
(8) A plan showing the proposed use of the property once
excavation has been completed, including the location of
proposed lots, streets, structures, and other features;
(9) A plan for filling of the borrow pit, if this is
intended, once excavation has been completed. No filling
of the borrow pit will be allowed unless plans for the
filling have been approved by city council as a part of
or as an amendment to the use permit application, and
until the -~" '
~..~ cnglnccr director of planning has issued
a fill permit for such activity.
(b) Special requirements.
(1) Undrained pockets and stagnant pools resulting from
surface drainage shall be sprayed in accordance with
requirements of the state board of health to eliminate
breeding places for mosquitoes and other insects.
(2) Off-street parking areas adequate for all employees'
vehicles and trucks shall be provided.
(3) The edge of the area to be excavated shall be located at
least one hundred (100) feet from all exterior property
lines. The setback area shall not be used for any purpose
during the period of excavation, including overburden and
spoil storage, except the setback area may be used for
access roads. Exterior limits of all work shall be
monumented with iron markers no less than five (5) feet
above surface of the earth.
(4) Access roads. Access roads to any excavation where
hauling is being conducted shall be maintained in a dust-
free manner. All access roads shall be constructed so as
to intersect as nearly as possible at right angles with
public streets and highways and no access road shall
intersect any public road at any angle of less than sixty
(60) degrees.
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(5) Operating hours. Operating hours of excavation shall be
restricted to between 7:00 a.m. and 7:00 p.m. or such
lesser hours of operation as the city council may deem
appropriate. No Sunday operations shall be permitted.
(6) Construction of buildings. Ail buildings used for the
production and processing of excavated material shall be
constructed and maintained as required by the building
code of the city.
(7) Roadside landscape. Existing trees and ground cover along
public street frontage shall be preserved and maintained,
and replaced during the period of excavation if the
appropriate city authorities deem it necessary.
(B) Excavation permits. No excavation on the site shall
commence until all permits required by chapter 30 of the
City Code f V;rgl '
have been received from the Department of
Planning ~-~ ~ V~-~-;- ~ .... ~-~-~ ~
~-~ ~ ...... and all requirements of chapter 30 of the
City Code ~-~ "~-~-~- "~ .... ~ "~-~-- ~ .... ~+~"..~.,~ have
been met .... ~ ~ '-':~
(c) Fsc~o~s ~e~s~n~ ~o spp~o~s~. Before issuin~ any use
permit ~or ~he e~cavation or ~ill o~ a borrow pit, the city council
shall ~ive due consideration ~o ~he ~ollowin~ ~actors:
(1) E~ec~ o~ ~he proposal upon ~roundwa~er supply and
drainage in ~he area~
(2) E~ec~ o~ the proposal upon ~he city s~reets o~ ~he area,
includin~ hut no~ limited ~o ~he ~ac~or o~ ~ra~ic
safety;
(3) Impact from noise, dust, odor or other nuisance, upon
surrounding properties;
(4) Effect of the proposal as a potential health or safety
hazard.
(d) ~~-~ Bonding requirements ~ ...... ~-~
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· ' ~ct The city council may require a
~.a bi? J-J. m. ,~4 .,I,..il ~w J. %M,.i. %,.&&
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reasonable bond or letter of credit in an amount and with surety
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satisfactory to the department of plannin_q, securinq to the city
compliance with the conditions and limitations set forth in the use
145 permit. No excavation on the site shall commence until such bond,
146 if required, has been filed and accepted by the director of
147 planninq.
148 COMMENT
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Subsection (8) deletes requirements pertaining to section 45.1-181 of the Code of Virginia and Virginia
Department of Mines, Minerals and Emergency CDMME") regulations. As a result of the City's withdrawal
from the waivered program, such requirements are no longer necessary.
Subsection (d) deletes bonding requirements pursuant to section 45.1-151 of the Code of Virginia and DMME
regulations but authorizes the City Council to require bonds securing to the City compliance with conditions
and limitations set forth in a conditional use permit for a borrow pit.
Adopted by the City Council of the City of Virginia Beach on
this day of 1995.
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CA-5892
DATA/ORDIN/PROPOSED/lll-227.COM
MARCH 28, 1995
RI
APPROVED AS TO CONTENT
Department of Planning
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
- 13 -
Item IH-H.l.b
CONSENT ,4 GENDA
ITEM # 39290
~S OL UTIONS /ORDINANCES
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessorns, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Article II, Chapter 30 of the
City Code, pertaining to Borrow Pits.
Concerns were reiterated relative the significance of allowing the State to oversee certain extra canditions,
bonds and regulations of borrow pits. A bond should be required not may be required. A suggestion was
made to increase the slope rate to 4 feet to 1 foot rather than 3 to 1. A verbatim relative City Council
concerns shall accompany the Ordinances to the Planning Commission.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay.
None
Council Members Absent:
Louisa M. Strayhorn
June 6, 1995
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AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE II, CHAPTER 30 OF THE CODE
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO BORROW PITS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article II, Chapter 30 of the Code of the City of
Virginia Beach, Virginia, are hereby amended and reordained to read
as follows:
Bec. 30-~6. Definition.
For the purpose of this article, the term ~borrow pit'' means
any operation involving the breaking or disturbing of the surface
soil or rock, where the primary purpose of the operation is to
facilitate or accomplish the extraction or removal of sand, soil,
gravel, fill or other similar material. Specifically exempt from
this definition are the following:
(1) Any excavation for roads, drainage, stormwater management
facilities or similar features necessarily incidental to
and in accordance with the approved construction plans
for a residential subdivision or other similar
development activity, even though the excavated material
may be hauled offsite or sold.
(2) Any excavation for the sole purpose of conducting a bona
fide agricultural operation, including, but not limited
to, excavations to improve drainage, provide watering
facilities for livestock or create a holding lagoon for
animal waste.
(3) Any excavation which is less than one (1) acre in area
and less than five hundred (500) ~ tons in vclumc of
material.
(4) Any trench, ditch or hole for utility lines, drainage
pipes or other similar public works facilities or
projects where the excavation is in accordance with the
approved construction plans.
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Sec. 30-19. Site inspections.
The department of -'-~~w..~ ...... .~...~'-~ planning shall periodically
inspect the sites of excavations for which permits are issued under
this article to insure that compliance with this article and other
provisions, as required by the city council., ~-~ ~^~ ...... ~
Sec. 30-20. Fee for removal of material.
The owner or operator of each excavation in the city shall pay
the city, semiannually, a fee of fourteen cents ($0.14) per cubic
yard of material removed from the permitted site during the
preceding semiannual period. The fee shall be based on loose volume
rather than bank volume. At the completion of each semiannual
period, the owner of such excavation shall cause to be filed with
the director ofpu'~ .... '. .... ..... "~ planning a statement certifying the
number of cubic yards of material removed from the permitted site
undergoing excavation during the preceding six-month period, in
order that the appropriate fee may be assessed by the commissioner
of revenue. Cross-sections shall may be required to be submitted
annually, prepared by a certified engineer or land surveyor, unless
waived by the department of -'~-
~ ..... works planninq.
Sec. 30-23. Fencing.
Where deemed necessary by the director of ~"~ ...... ~
planning, the holder of a permit issued under this article shall be
required to erect a chain link type fence around the perimeter of
the area to be excavated or being excavated. Such fence shall be
erected to a height of six (6) feet and shall completely encircle
such excavation. All gates and other entrances shall be kept locked
at all times when not in use.
Sec. 30-27. Slope of banks.
All slopes around the edge of excavated areas shall be left with a
slope no greater than three (3) feet horizontal to one foot
vertical, except that the director of -"~~~ ...... .~-~ planning may
authorize a slope of one foot horizontal to one foot vertical from
a depth of fourteen (14) feet below the elevation of the designed
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water surface of borrow pits that will be excavated to a depth
greater than twenty (20) feet.
Sec. 30-ZS. Abandonment of pit.
No pit shall be abandoned unless the owner has requested a
final inspection from the department ofp~w~ic"~ ..... ...... ~ planning, has
submitted a final ~as built'' plat drawn by a certified engineer
or land surveyor and has received a final release, in writing, from
the director of ~"~ ...... ~-
~ ........... planning, at which time thc any surety
on thc ~ bond filed pursuant to section ~--4~ 30-37 of this article
or section 227 of the city zoning ordinance shall be released·
Sec. 30-30. Incorpor:tlon of._~_._..on.,~-~: - _._.-~- Reserved.
.... ~ ~ of ~ Mineral Mining Regulations,
...... : sot forth ~''-
Sec. 30-36. Required; conditional use permit prerequisite to
issuance.
(a) It shall be unlawful for any person to operate a borrow
pit without first obtaining an excavation permit to do so from the
department of planning ~"~i~ ~ ~ ~^-~
.... a ......... ~ ~r ..... from thc
(b) The department of ~"~ ~ ...... ~-
~ ........... planning shall not issue an
excavation permit for any proposed excavation for which a
conditional use permit has not been granted by the city council.
Sec. 30-37. Application generally.
After approval by the city council of a conditional use permit
for a borrow pit, the owner of record shall cause to be filed with
the department of planning an application for an excavation permit.
The application fee shall be fifty dollars ($50.00). The
application shall include the following:
(1) The name and address of the owner of the property
affected.
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(2) The names and addresses of owners of all property
abutting the property for which the excavation permit is
sought.
(3) If the applicant or owner is a corporation, the names and
addresses of its corporate officers and registered agent.
(4) An aerial photograph of the area to be excavated, with
the boundaries of such area clearly delineated.
(5) A copy of the current recorded survey or plat, if
available, prepared by an engineer or land surveyor,
certified by the commonwealth, and drawn to a scale of
not less than one (1) inch equals two hundred (200) feet,
submitted in five (5) copies.
(6) The boundaries of the area to be excavated by courses and
distances.
(7) The current field topography, including the location of
all watercourses.
(8) The means of vehicular access to the proposed excavation.
(9) A cross section of any banks or walls to be established
through the process of excavating.
(10) The number of cubic yards to be excavated.
(11) The areas proposed for the storage of overburden and
other spoil during the process of excavating.
(12) The proposed date on which excavating will commence, the
proposed date on which the excavation will be completed
and the proposed date that all required restoration
measures are to be completed.
(13) The location of all haul roads leading to public streets
and highways within the area.
(14) A statement listing the public streets and highways to be
used as haul routes.
(15) The location of all test wells and depth of borings,
where required, which shall be within the setback
requirements of this article. The location of test wells
adjacent to residential areas shall be subject to
approval of the department of ~--~
~ ..... works planning.
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(16) An erosion and sedimentation control plan.
(17) A statement of the methods to be used to maintain or
repair any public street or highway to be used for
hauling purposes. The department of ~w~~"~; ...... .v~,~-~ planninq
shall determine the acceptability of the methods proposed
by the applicant and, if deemed necessary, shall require
the posting of a bond to insure against road damage due
to the hauling.
Sec. 30-38. Restoration plan to accompany application.
Each application for a permit under this division shall be
accompanied by a plan for the restoration of excavated areas. Such
plan shall include the following elements:
(1) General plan for restoration. A general land use plan for
the parcel of property wherein the excavation will be
conducted shall be prepared. This plan shall be in the
form of an overlay for the aerial photograph required by
section 30-37. It shall show the areas to be left in an
inundated state, the proposed pattern of land use around
inundated areas and all areas where supplementary
planting is to be carried out.
(2) Restoration contour plat. A restoration contour plat
shall be prepared on the same basis as the identification
plat required by section 30-37. It shall show the
proposed topography of the parcel of land that will be
excavated for a distance of at least two hundred (200)
feet from the edge of all excavated areas or to all
external property lines that are within two hundred (200)
feet of such area. Such contour plat shall have a contour
interval of two (2) feet or less.
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(3) Description of restoration methods for renewal of topsoil
and replanting. A description of the methods and
materials proposed for restoration of all areas that are
not inundated shall be submitted. It shall specify the
amount and type of planting, the depth to which topsoil
is to be spread and the amount of fertilizer to be
applied·
(4) Othcr ~ ..... ~ +~ ~ .... ~ ....... ~ ~
Sec. 30-40. '~- " ·
_~p~: -.-~ ~-.a Reserved.
................... d w thc ~ep~t ...... of ann nga ~urc
---~ ~ .... ~ ~ ~ itt ~it di
~ ................. pcrm cd o e to bc sturbcd.
~VAa ~az I ·
b a~cmpt
~VAAAA~ ~VAZ
........ th
~, ......... s~t .... ~.,~ ~ ~lcd~ior
bond
Sec. 30-41. Issuance.
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After the filing of the permit application pursuant to section
30-37 of this article, approval of the plan, and the filing and
acceptance of a bond, if required, the director of planning shall
issue the excavation permit and cause surveillance of the work as
it is performed.
Sec. 30-42. Transfer.
No permit issued under this division shall be transferred to
another person without approval by the department of '""~"~
planning. Such approval shall be granted in the same manner as for
original applications for permits.
Sec. 30-44. Expiration; extension.
An excavation permit henceforth issued under this division
shall expire one (1) year from the date of issuance. Excavation
permits issued prior to the date of adoption of this ordinance
shall expire one (1) year from the date of adoption of this
ordinance. The holder of the permit may thereafter apply annually
to the department of planning for a renewal of the permit by
providing the following information:
(1) ~ ........ ~ ...... ~-~ ~ ...... ~ ..... ~ ~ thc mineral
....~..~ ~~.~~ A copy of the current mining permit issued
by the Virginia Department of Mines, ~inerals and Energy.
(2) Cross sections submitted by an engineer or land surveyor,
certified by the commonwealth, showing the amount of
excavation from the borrow pit~ unless otherwise waived
bY the degartment of planning.
(3) Verification from the commissioner of revenue that the
owner of the property has paid fees for material
previously excavated.
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this
Adopted by the City Council of the City of Virginia Beach on
6 June
day of 1995.
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CA-5891
DATA/ORDIN/PROPOSED / 30-16ETC. ORD
MAY 12, 1995
R2
APPROVED AS TO CONTENT
Departm~e~o f Planmng
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
- 14 -
Item III-H. 2.
CONSENT AGENDA
ITEM # 39291
I~ SOL UTIONS /ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-343 of the Code of
the City of Virgima Beach re records of the City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy ~ Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June 6 1995
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-343 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO RECORDS OF THE CITY
COUNCIL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-343 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
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Sec. 2-343. Custody and preservation of records of the city
council.
(a) The city clerk shall retain the records of the city
council.
(b) Thc minutes cf ~ .... ~' .... ~A ~'ty ' ~ ~ bc
The city clerk shall retain an original of the minutes of the
meetings of the city council. In addition, a copy of such minutes
shall be scanned and stored in an optical image database.
this
Adopted by the City Council of the City of Virginia Beach on
6 day of June 1995.
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CA-5904
DATA/ORDIN/PROPOSED/2-343.ord
MAY 31, 1995
R4
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
-D~rtment of Law
- 15 -
Item III-H. 3.
CONSENT AGENDA
ITEM # 39292
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize the City Manager to execute a lease with
Kokoamo's L.L.¢ for the use of approximately one (1) acre of City
owned property along the shore of Long Creek and adjacent to Marina
Shores, Ltd.
Voting: 10-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, Robert K, Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K, Parker and Vice Mayor Wilham
D. Sessorns, Jr
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June 6, 1995
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE WITH
KOKOAMO'S, L.L.C. FOR THE USE OF
APPROXIMATE ONE ACRE OF CITY OWNED
PROPERTY ADJACENT TO LONG CREEK
WHEREAS, the City is the owner of that certain parcel of
land delineated as hatched area upon the attached plat labelled
"Exhibit 1" entitled "EXHIBIT SHOWING APPROXIMATELY ONE ACRE OF
CITY OF VIRGINIA BEACH PROPERTY TO BE LEASED TO KOKOAMO'S, L.L.C."
and being one hundred and fifty feet by three hundred feet along
the North shore of Long Creek and adjacent to the Eastern property
line of Marina Shores, Ltd.; and
WHEREAS, the approximately one acre of City Property is
not currently used or occupied by the City; and
WHEREAS, Kokoamo's, L.L.C. desires to lease the
approximately one acre of City owned property for use as a
recreational volleyball facility to be utilized jointly by
clientele of Kokoamo's and the general public; and
WHEREAS, Kokoamo's, L.L.C. will pay the City $500 annual
rent and abide by all terms, covenants and conditions contained in
the proposed Agreement between the City of Virginia Beach and
Kokoamo's, L.L.C. dated April 28, 1995.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a
lease in a form substantially the same as the Agreement between the
City of Virginia Beach and Kokoamo's, L.L.C. dated April 28, 1995,
and attached hereto and incorporated by reference.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6 day of June , 1995.
APPROVED AS TO CONTENT
~tm~t of ~ublic ~r~/0ffi~ of R~I ~tate
APPROVAL AS TO LEGAL
SUFFICIENCY
De~t of I~
THIS AGREEMENT, made this,~<~ day of/~~/~ , 1995, by and between the City
!
OF VIRGINIA BEACH (GRANTOR/LESSOR), a municipal corporation of the Commonwealth of
Virginia, hereinafter referred to as "City" or "Lessor', party of the first part; and KOKOAMO'S,
L.L.C. (GRANTEE/LESSEE), hereinafter referred to as "Kokoamo's" or "Lessee", party of the
second part, whose address is 2100 Marina Shores Drive, Virginia Beach, Virginia 23451.
WITNESSETH:
WHEREAS, the City is the owner of that certain land delineated as hatched area upon the
attached plat labelled "Exhibit 1" entitled "EXHIBIT SHOWING APPROXIMATELY ONE ACRE
OF CITY OF VIRGINIA BEACH PROPERTY TO BE LEASED TO KOKOAMO'S, L.L.C." and
being more particularly described on Exhibit 1 (150' x 300' PARCEL TO BE LEASED) reference
being made to said survey for the dimensions and descriptions thereof; and
WHEREAS, the ~ Premises is not currently used or occupied by the City; and
WHEREAS, in its present state, said strip or parcel of land is difficult to maintain to prevent
littering and misuse by the public; and
WHEREAS, Kokoamo's desires to utilize the Leased Premises for recreational purposes; and
WHEREAS, Kokoamo's will, in addition to the other covenants and agreements contained
herein, maintain and police said area.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
1. That for and in consideration of the sum of $500.00 per year, the City does
hereby lease and demise unto Kokoamo's the Leased Premises. The Lease payment is payable as
follows:
On or before May 1, 1995, the sum of $500.00.
CITY OF VIRGINIA BEACH
BY
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
Ruth Hodges Smith
City Clerk
APPROVED AS TO
LEGAL SUFFICIENCY
AI:~ROVED AS TO CONTENT
DEPARTMENT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
KOK~O'S, L.L.C.
By ~
By
vine, ice-President
, a Notary Public in and for the City and State
aforesaid, do hereby certify that
, City Manager/Authorized
Designee of the City Manager, whose name is signed to the foregoing writing, bearing date the
day of
, 1995, has acknowledged the same before me in my City and State aforesaid.
Given under my hand this
day of , 1995.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in and for the City and State
aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, whose name is signed to the
foregoing writing, bearing date the ~ day of , 1995, has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this day of , 1995.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF
I,
, to-wit:
, a Notary Public in and for the City and State
aforesaid, do hereby certify that Barry Davis as President and Gale Livine as Vice-President, on behalf
of Kokoamo's, L.L.C., whose names are signed to the foregoing writing, bearing date the -j, ~'day
of ~ [ ~ ~ , 1995, have acknowledged the same before me in my City and State aforesaid.
Given under my hand this ~,¢,_ day of ~ ~.- , 1995.
Notar~ Pu~blic
My Commission Expires: '</- ~;3 ~ ~ck~--%
LYNNHAVEN
SITE-~
BRO,4D
LOCAT! MAP FOR
CITY OF VIRGINIA BEACH
TO KOKOAMO'S, L.L.C.
SCALE: 1" = 1000'
EXHIBIT I
ii, -
- 16 -
Item III-H. 4.
CONSENT AGENDA
ITEM # 39293
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinances to authorize acquisttion of property in fee simple for right-
of-way and the acquisition of temporary and permanent easements of
right-of-way, either by agreement or condemnation:
1. Indian River Road, Phase VI CIP 2-095 (KEMPSVILLE
BOROUGH).
2. Princess Anne Plaza Drainage, Phase H CIP 2-114
(LYNNHAVEN and PRINCESS ANNE BOROUGHS).
Voting: 10-0
Council Members Vottng Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W..
Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June ~ 1995
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AN ORDINANCE TO AUTHORIZE
ACQUISITION OF PROPERTY IN FEE
SIMPLE FOR RIGHT OF WAY FOR INDIAN
RIVER ROAD - PHASE VI CIP 2-095 AND
THE ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS OF RIGHT OF WAY,
EITHER BY AGREEMENT OR CONDEMNATION
WHEREAS, in the opinion of the Council of the City
of Virginia Beach, Virginia, a public necessity exists for the
construction of this important roadway to provide transportation
and for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the
acquisition by purchase or condemnation pursuant to Sections 15.1-
236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq.,
Title 25-46.1 et seq., Code of Virginia of 1950, as amended, all
that certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans entitled
"INDIAN RIVER ROAD PHASE VI C.I.P. 2-095 SCALE: 1"=1600'" these
plans being on file in the office of Real Estate Department of
Public Works, Virginia Beach, Virginia.
Section 2. That the City Manager is hereby
authorized to make or cause to be made on behalf of the City of
Virginia Beach, to the extent that funds are available, a
reasonable offer to the owners or persons having an interest in
said lands. If refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Adopted by the Council of the City of Virginia
6 June
day of , 1995.
Beach, Virginia, on the
CA-5955
NONCODE\CA5955.ORD
R-1
V~D AS TO CONTENTS
.~ $ I GNATURE
DEPARTMENT
~OUND
INDIAN
RIVER ROAD
PHASE VI
C.I.P. 2-095
SCALE: 1' -- 1600'
PREPARED BY P/W ENG. DRAFT. 04/18,95
PUBLIC HEARING COMMENTS AND RESPONSES
INDIAN RIVER ROAD - PHASE VI
CIP 2-095
The following is a summary of comments collected during the Public
Hearing process for the above referenced roadway improvement
project. Responses are offered for each comment or concern
expressed by the public.
Recorded Comments:
1. Ms. Lestyan:
Request: Installation of a traffic signal at the
intersection of Independence Boulevard with Round
Hill Drive.
Response: Public Works Traffic Engineering has indicated that
travel demand forcasts verify the traffic signal
need, and Public Works will install the signal
improvements with the roadway construction
improvements to ensure simultaneous completion.
2. Ms. Romska:
Request: Installation of a traffic signal at the
intersection of Independence Boulevard with Round
Hill Drive.
Response: See response to recorded comment #1.
3. Ms. Cotthaus:
Request: Supports the roadway improvements.
Response: No response required.
Request: Installation of a traffic signal at the
intersection of Independence Boulevard with Round
Hill Drive.
Response: See response to recorded comment #1.
4. Mr. Lipscomb:
Request: Supports the roadway improvements only if
construction is accompanied by installation of a
traffic signal at the intersection of Independence
Boulevard with Round Hill Drive.
Response: See response to recorded comment #1.
The Design Public Hearing transcript contains the complete text of
Ms. Lestyan, Ms. Romska, Ms. Cotthaus, and Mr. Lipscomb.
Public Hearing Comments and Responses
Indian River Road - Phase VI
CIP 2-095
Page 2
Written Comments:
1. Ms. Diane Lestyan:
Request: Repeats recorded comment requesting the
installation of a traffic signal at the
intersection of Independence Boulevard with Round
Hill Drive ("even if the project does not occur").
Response: See response to recorded comment #1.
Request: Speculates that increased traffic flow, due to
proposed roadway project improvements will create
the need for traffic signals at two existing
intersections of Independence Boulevard with
Belspring Drive.
Response: Public Works Traffic Engineering has studied these
two intersections and concluded that traffic
signals are not warranted at this time. The
traffic signal planned for the intersection of
Independence Boulevard with Round Hill Drive, which
is located midway between the Belspring Drive
intersections along Independence Boulevard, will
provide traffic gaps sufficient to allow vehicles
to safely cross Independence Boulevard at both
Belspring Drive intersections.
2. Mr. H. Britt Lipscomb IV:
Request: Repeats recorded comment requesting the
installation of a traffic signal at the
intersection of Independence Boulevard with Round
Hill Drive.
Response: See response to recorded comment #1.
3. Mr. Frank Myers:
Request: Inquires about planned measures to prevent sediment
run-off into Stumpy Lake.
Response: An appropriate EROSION AND SEDIMENT (E&S) CONTROL
PLAN is a required component of the project design.
This plan describes and depicts the various
measures that will be used during the project
construction phase to prevent erosion and control
the transport of sediment from the project limits.
Request: Information regarding potential placement location
for soil excavated to form the proposed detention
pond.
Response: It is possible that a portion of this excavated
material may be approved by the City for placement
within the project limits. However, surplus
material will be deposited on approved areas
located outside the project limits. The
construction contractor must utilize disposal areas
which are approved and permitted for the disposal
of surplus material.
Request: Asks what type of protective barrier will be placed
along Indian River Road to impede the progress of
vehicles travelling west on Independence Boulevard
and failing to make the turning movement onto
Indian River Road.
Public Hearing Comments and Responses
Indian River Road - Phase VI
CIP 2-095
Page 3
3. Mr. Frank Myers (Cont.)
Response: Standard guardrail will be installed along the west
(Stumpy Lake) side of Indian River Road in the
vicinity of the Independence Boulevard
intersection.
Request: Asks that as many trees as possible be preserved.
Response: Tree preservation is a priority during the design
and construction of City roadway improvement
projects. Every reasonable effort has been made to
protect and preserve existing trees wherever
possible.
Request: That serious consideration be given to installation
of a traffic signal at the intersection of
Independence Boulevard with Round Hill Drive.
Response: See response to recorded comment #1.
Appendix A contains the complete written comments of Ms. Lestyan,
Mr. Lipscomb, and Mr. Myers.
nfe
4/26/95
APPENDIX A
WRHTEN PUBLIC HEARING COMMENTS
INDIAN RIVER ROAD - PHASE VI
CIP 2-095
COMMENT SHEET
DESIGN PUBLIC HEARING
INDI~_N RIVER ROAD - PHASE VI
CITY OF VIRGINIA BEACH, VIRGINIA
CIP 2-095
(If more space is needed, please use back of sheet)
1. What effects.will these improvements have on your everyday
2. ldo t~ solution for transportation
p~oblems In your area?
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Are there areas of concern to you that have not been
adequately addressed? If so, please
identify. - , , ,
ese provide us with any information which you feel will
ist in the final design of this project.
Mr. John W. Herzke, P.E. - City Engineer
City of Virginia Beach
Department of Public Works - Engineering
Municipal Center - Room 345
Virginia Beach, Virginia 23456
Note: This information must be received within 14 days in order to
become part of the official Public Hearing record. City of
Virginia Beach compiles an official record of all comments, both
written and oral. This record is available for public review.
nfe
8/30/94
NAME:
ADDRESS:
ZIP CODE:
COMMENT SHEET
DESIGN PUBLIC HEARING
INDIAN RIVER ROAD - PHASE VI
CITY OF VIRGINIA BEACH, VIRGINIA
CIP 2-095
(If more space is needed, please use back of sheet)
le
What effects will these improvements have on your everyday
travel? . , _ ~, ~ L. ~~_ _ . / ,/ ~
II I ;7 II/I/d /~ ~ / f ~ ~ / " 7 H~ L~ ~,.~
2. Does this project provide the best solution for transportation
problems in your area?
IVUl .I .I ?i t-'.
ade~ately addressed? , ~ If so, please
identify. ~/
4. Please provide us with any info~ation which you feel will
assist in th~ final ~esign of this 9roject ..... ~ ..
' '' ' '
Mr. John W. Herzke, P.E. - City Engineer
City of Virginia Beach
Department of Public Works - Engineering
Municipal Center - Room 345
Virginia Beach, Virginia 23456
Note: Th~s info~ation must be reoeive4 withi~ 14 4aye in or4er to
be=ome part of the offioial Publio Hearing re,or4. City of
Virginia Beach oompiles an official reoor~ of all oo~ents, both
written an4 oral. This reoor4 is avail~le for publio review.
s/~o/~ '
COMMENT SHEET
DESIGN PUBLIC HEARING
INDIAN RIVER ROAD - PHASE VI
CITY OF VIRGINIA BEACH, VIRGINIA
CIP 2-095
NAME:
ADDRESS:
ZIP CODE:
Z 3 H .'.'.%"(m TELEPHONE:
(If more space is needed, please use back of sheet)
le
What effects will these improvements have on your everyday
travel? mo~ ~
·
·
·
Does this project provide the b~st solut$on for..transpor~ation
probl, ems in your area? .. ~.~ m0~ pm0~.ld~ ~o]~&m mou~ ~
Are there areas of concern to you that have not been
ade~ately~ddressed? . $~$ . If so, ,please
Please provide us with any info~ation which you feel will
assist in the final desiun of this_proj~//.$
Mr. John W. Herzke, P.E. - City Engineer
City of Virginia Beach
Department of Public Works - Engineering
Municipal Center - Room 345
Virginia Beach, Virginia 23456
Note: This information must be received within 14 days in order to
beaome part of the offiaial Publia Hearing record, city of
Virginia Beach compiles an official record of 811 comments, both
written and oral. This re=ord is available for publio review.
nfe
8/30/94
ORIGINAL
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DESIGN PUBLIC HEARING
INDIAN RIVER ROAD - PHASE VI
CITY OF VIRGINIA BEACH, VIRGINIA
CITY PROJECT: CIP 2-095
August 31, 1994
7:00 p.m.
Glenwood Elementary School
2213 Round Hill Drive
Virginia Beach, Virginia
RONALD GRAHAM & ASSOCIATES, INC.
Virginia Beach, Virginia
Phone (804) 490-1100
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MS. LESTYAN: Diane Lestyan. I just want to
make a little plea for the light at the corner of
Round Hill and South Independence.
MS. ROMSKA: Put me down for the same thing.
I want & light at Round Hill and Independence.
MS. COTTHAUS: I approve of the intersection
going through. I think we really need the widening of
the road, but I want my traffic light on the corner of
Round Hill and South Independence. I started my
crusade a year ago, and I'm not going to finish until
it's done. Susan Cotthaus.
MR. LIBSCOMB: Britt Lipscomb. My address is
945 Summerside Court -- 23456 -- in Virginia Beach.
I want to oppose the road. I don't want it
unless we get a stop light at the corner of South
Independence and Round Hill Road. We're -- we like
the road. Everything is great. We just don't want
the city to lose sight that we need a stop light
there. That's a major intersection because we've had
so many accidents and almost fatalities there. That's
essentially it.
..... o0o
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REPORTER'S CERTIFICATE
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit=
I, Cynthia L. Noah, court reporter, certify
that the foregoing is a correct transcript of the
proceedings taken at a public hearing held by the
Department of Public Works, at 7=00 p.m., August 31,
1994, at the Glenwood Elementary School, 2213 Round
Hill Drive, Virginia Beach, Virginia.
Given under my hand this 9th date of
September 1994.
~6urt Reporter-
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AN ORDINANCE TO AUTHORIZE
ACQUISITION OF PROPERTY IN FEE
SIMPLE FOR DRAINAGE IMPROVEMENTS
PROJECT FOR PRINCESS ANNE PLAZA
DRAINAGE - PHASE II CIP 2-114 AND
THE ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS OF RIGHT OF WAY,
EITHER BY AGREEMENT OR CONDEMNATION
WHEREAS, in the opinion of the Council of the City
of Virginia Beach, Virginia, a public necessity exists for the
comprehensive drainage improvements for Princess Anne Plaza
consisting of channel improvements, channel re-routing, and a storm
water pumping station to provide relief of frequent and serious
flooding and for other public purposes for the preservation of the
safety, health, peace, good order, comfort, convenience, and for
the welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the
acquisition by purchase or condemnation pursuant to Sections 15.1-
236, et seq., 15.1-898, 15.1-899, and Section 25-46.1, Title 25-
46.1 et seq., Code of Virginia of 1950, as amended, all that
certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans entitled
"PRINCESS ANNE PLAZA DRAINAGE PHASE II CIP 2-114 SCALE: 1"=1600"
these plans being on file in the Office of Real Estate Department
of Public Works, Virginia Beach, Virginia.
Section 2. That the City Manager is hereby
authorized to make or cause to be made on behalf of the City of
Virginia Beach, to the extent that funds are available, a
reasonable offer to the owners or persons having an interest in
said lands. If refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the 6
CA-5954
NONCODE\CA5954.ORD
R-1
I APPR~,~~OVED AS TO LEGA~//j
LEGAL SUFFICIENCY~ND
day of 3une
, 1995.
APPROVED AS TO CONTENTS
ATTACHMENT A
CITY OF VIRGINIA BEACH
PRINCESS ANNE PLAZA DRAINAGE - PHASE II
CIP 2-114
DESIGN PUBLIC HEARING COMMENTS
AND RECOMMENDATIONS
APRIL 27, 1995
PUBLIC WORKB RECOI~ENDATION
The Department of Public Works recommends that the project proceed
with the completion of design, right-of-way excavation and
construction with the following modifications:
®
That the channel from London Bridge Creek to Bow Creek
Boulevard, along with the storm water pumping station, be bid
as Contract I (with construction to begin in October 1995) to
coincide with the closing of the Bow Creek Golf Course for
improvements.
·
Ail channel improvements south of Bow Creek Boulevard would be
bid as Contract II to start construction in August 1996. This
will allow further time to work with residents to resolve
their concerns.
nfe
4/25/95
RECOMMENDATIONS FOR PUBLIC HEARING COMMENTS
PRINCESS ANNE PLAZA DRAINAGE - PHASE II
The project provides for modifications to channels and culverts in
the Princess Anne Plaza watershed and the addition of a storm water
pumping station. A new major channel through the Bow Creek Golf
Course will collect all the drainage from the north and west of the
golf course and convey it to an outfall in the London Bridge Creek.
A Design Public Hearing was held on January 26, 1995 at the Bow
Creek Recreation Center. The meeting was attended by approximately
45 people and 5 people provided written comments on subjects of
special concern. A copy of the written comments is enclosed as
attachment (A).
Recommendations have been formulated by City staff and the design
consultant, Smith, Deemer, Norman. The following is a summary of
the major issues presented at the public hearing with associated
responses.
I. Summary of Project Concerns at the Public Hearing:
1. Issue:
Replacement and repair of vegetation, trees and/or
structures relocated or damaged during
construction.
Response: Vegetation or structures located on private
property (not in existing rights-of-way or
easements) which are relocated or damaged by the
project construction will be replaced in-kind by
the city. Trees which die within one year of
construction termination, and which die as a direct
result of the construction activities, will be
replaced by the City. Structures such as sheds,
fences, in existing right-of-ways or easements,
must be moved by the owner and will not be replaced
or repaired by the City. The removal and
relocation of vegetation such as special planting
beds, bushes, and trees in existing and proposed
right-of-ways or easements will be coordinated with
the owner during design and construction phases of
the project.
·
Issue:
Will the project affect Federal flood insurance
requirements?
Response: The project is designed for a 50-year flood, while
the Federal Emergency Management Agency (FEMA)
flood insurance is based on a 100-year flood. The
project will lower the 100-year flood level, and
it is anticipated that dwelling flooding will be
eliminated. Yard and street flooding will still
occur for the 100-year flood. However, we will
forward FEMA data on reduced flooding elevations
acheived by the project for their evaluation and
possible revision of the Flood Insurance Rate Map
(FIRM). A final determination on flood insurance
classifications cannot be made until FEMA updates
the FIRM for this area.
·
Issue:
Are there plans to repair or replace secondary
storm drainage pipes or channels (local drainage
system) in the overall project area?
Response: The project is limited to improvements to the main
drainage channels and culverts in the project area.
Local drainage systems affected by the project
construction will be repaired as necessary. Any
local system improvements identified after the
completion of the Princess Anne Phase II project
will be evaluated on an individual basis, and if
necessary improvements are required, a Capital
Improvement Project will be identified.
4. Issue: Will easements on particular properties be required?
Response: Easements for Stage I of the project will be
obtained by October, 1995. Easements along the
Recommendations for Public Hearing Comments
Princess Anne Plaza Drainage - Phase II
Page 2
channel upstream of Bow Creek Boulevard (Stage II)
will be obtained at a later date.
5. Issue:
Will the project adversely affect drainage in my
backyard?
Response: The project should improve or maintain backyard
drainage. No adverse affects are anticipated.
6. Issue:
Will additional easements be required on my
property?
Response: For properties backing up to the larger project
channels, in many cases additional easements
(permanent or temporary for construction) will be
required. However, all reasonable attempts are
being made to reduce the need for such easements in
the project design.
·
Issue:
Is City-contractor-tax paying citizen cooperation
to make minor repairs on my property possible?
Response: It is not the intent of the contract to address
improvements on private property. Residents are
responsible for making arrangements for this type
of work.
·
Issue:
Is an initial rough dredging of the existing canal
possible?
Response: Construction on these new channels will begin at
the downstream end and move upstream. Double
dredging is not possible due to the expense
involved. Also, until the channel through the Bow
Creek Golf Course is completed, localized channel
dredging will not improve the local situation.
9. Issue:
Will the site foreman pay a courtesy call prior to
beginning construction at a particular lot?
Response: Residents and owners will be notified
construction proceeds toward their properties.
as
10. Issue:
The existing channel is clogged and the side slopes
are unstable.
Response: As a part of this project, channel cross sections
will be enlarged and cleaned and side slopes will
be regraded and vegetated to enhance side slope
stability.
11. Issue:
Why doesn't the City pipe the ditches behind my
house instead of digging a ditch.
Response: The current estimate to construct the 3500 L.F.
Stage II channel (south of Bow Creek Boulevard)
which runs through the existing neighborhoods is
$600,000. To pipe this channel through the
neighborhoods would require three 10'x 7' box
culverts and is estimated to cost $7,000,000.
nfe
4/28/95
ATTACHMENT B
-17-
Item III-H. 5.
CONSENT AGENDA
ITEM # 39294
RESOLUTIONS/ORDINANCES
Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $15,000 in additional
revenue from the Virginia Department of Motor Vehicles (DMV) to the
Police Department's FY 1994-1995 Operating Budget re additional
overtime capabilities to enhance DUI enforcement.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June 6, 1995
AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000 IN ADDITIONAL REVENUES FROM
THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES TO THE FY 1994-95 POLICE
OPERATING BUDGET TO ENHANCE DUI ENFORCEMENT
WHEREAS, the Vlrg~ma Beach Pohce Department has received $15,000 from the V~rg~nla
Department of Motor Vehicles to fund a program to enhance DUI enforcement ~n order to decrease the number of
fatal automobde accidents, and
WHEREAS, th~s grant requires a $7,500 C~ty match which the Police Department wdl prowde from
w~thln ex~sbng FY 1994-95 Operabng Budget overtime funding
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that a $15,000 grant from the V~rgm~a Department of Motor Vehicles be accepted and
appropnated to the Pohce Department's FY 1994-95 Operating Budget to provide add~bonal overtime capabd~t~es to
enhance DUI enforcement
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BE IT FURTHER ORDAINED, that FY 1994-95 esbmated revenues from the Commonwealth be
~ncreased to reflect the receipt of th~s $15,000 grant
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Adopted by the Councd of the C~ty of V~rg~ma Beach, V~rg~ma on the 6
day of June ,1995
APPROVED AS TO
LEGAL SUFFICIENCY
CRW-D \OB95\Pohce\dmvgrnt2 ord
Approved as to Content
....... Walter C~ ~rner, Jr,
Management and Budget
I I IIIIII III IIIIIIIIII]IIIIH HI I ...............
- 18 -
Item III-H. 6.
CONSENT AGENDA
ITEM # 39295
RESOLUTIONS~ORDINANCES
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to TRANSFER $342,188 from the General Fund Reserve for
Contingencies to the Virginia Beach Court Service Unit's ,~' 1,,~5-1995
FY 1994-1995 Operating Budget re increased costs for juvenile
detention and group home services.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William W.. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Louisa M. Strayhorn
June 6, 1995
AN ORDINANCE TO TRANSFER APPROPRIATIONS OF $342,188 FROM THE
GENERAL FUND RESERVE FOR CONTINGENCIES TO THE VIRGINIA BEACH
COURT SERVICE UNIT FOR DETENTION AND GROUP HOME SERVICES
WHEREAS, the Vn-gtma Beach Court Semace Umt has the responmbfllty ofprovld~ng both Secure and Less Secure
detention services as well as Cnms Home and Commumty Group Home placements ordered by the Vn-gnua Beach Juvemle
and Domestic Relations District Court (Court),
WHEREAS, the Court may order a child placed into any of these faclhties w~th the cost of these placements to be
borne by the locahty,
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WHEREAS, the costs for these servmes have been nsxng since 1988 because, of ~ncreased usage m the form of
adrmsmons and length of stay as a result of mcreaslngjuvenfle crime, juvenile arrests, and the number of juveniles processed
through the Vtrgtnla Beach Court Service Umt's Intake with a large percentage having severe criminal and emotional
problems winch threaten the commumty,
WHEREAS, the Vtrgtma Beach Court Service Umt projects detention and group home usage for FY94-95 to be
1,594 admasmons for 37,721 days totalling $1,420,099 compared to the mount budgeted of 1,323 adnusmons and 33,854
days at $1,077,911
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WHEREAS, the V~rgxma Beach Court Service Umt has requested the Cxty of Vlrgnua Beach to fund flus
unant~mpated increase ~n currently funded costs for juvemle detention and group home services
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that funds m the amount of $342,188 be transferred from the General Fund Reserve for Contmgenmes to the
Vtrgtma Beach Court Serwce Umt's FY94-95 Operating Budget to fund increased costs assocmted w~th juvemle detention
and group home servmes
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Tins ordinance shall be effective from the date of its adoption
Adopted by the Council of the C~ty of Vtrgmxa Beach, Vtrg~ma on the
,1995
Sixth
day of
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APPROVED AS TO CONTENT
DEPARTMENT OF MANAGEMENT AND BUDGET
APPROVED AS TO LEGAL SUFFICIENCY AND FORM
CITY ATTORNEY
29 c \budgetX94-95\juvprob ord vol 46 May 26, 1995 sgh
- 19 -
Item III-H. 7.
CONSENT AGENDA
ITEM# 39296
I~S OL UTIONS /ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $103,700 from First Colonial Road Phase III
Project #2-833 to Bow Creek Bridge Project #2-173 re increased
construction costs.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June 6, 1995
AN ORDINANCE TO TRANSFER $103,700 FROM
FIRST COLONIAL ROAD PHASE HI PROJECT #2-833
TO BOW CREEK BRIDGE PROJECT #2-173 IN ORDER TO
FUND INCREASED CONSTRUCTION COSTS OF THE PROJECT
WHEREAS, Bow Creek Bridge Project #2-173 was established by Council in order to
construct a replacement bridge on Bow Creek Boulevard between Clubhouse Road and Lamplight
Lane,
WHEREAS, the current cost estimate for Bow Creek Bridge Project #2-173 in the adopted
FY 1995-96 CIP is $683,653, of which $476,000 is estimated for construction,
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WHEREAS, bid results for construction have been evaluated, and the lowest responsive bid
was $579,700, exceeding the construction cost estimate by $103,700,
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WHEREAS, $103,700 is presently available for transfer from First Colonial Road Phase
III Project #2-833, since these funds would not be required until FY 1996-97, and could be restored
during the development of the next CIP cycle
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that funds in the amount of $103,700 be transferred from First
Colonial Road Phase III ProJect #2-833 to Bow Creek Bridge ProJect #2-173 in order to fund the
increased construction costs of the project
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This ordinance shall be in effect from the date of its adoption
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Adopted the 6 day of June
Virginia
,1995, by the Council of the City of Virginia Beach,
APPROVED AS TO CONTENT
Walte~
Department of Management and Budget
F/SWJ/bowcreek ord
APPROVED AS TO
LEGAL SUFFICIENCY
- 20 -
Item III-H. 8.
CONSENT AGENDA
ITEM # 39297
RESOL UTIONS/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance re a cooperative agreement between the City Council and the
School Board re legal services provided the School Board by the office
of the City Attorney.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William
D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June 6, 1995
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AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT
BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD
PERTAINING TO LEGAL SERVICES PROVIDED TO THE
SCHOOL BOARD BY THE OFFICE OF THE CITY ATTORNEY
WHEREAS, the City Attorney, in coordination with the
School Board, has prepared a "Cooperative Agreement Between the
City Council and School Board of the City of Virginia Beach
Pertaining to Legal Services Provided to the School Board by the
Office of the City Attorney" (hereinafter "Cooperative Agreement");
WHEREAS, the Cooperative Agreement was approved by the
School Board at its regularly-scheduled meeting on May 16, 1995;
WHEREAS, funding of the legal services contemplated by
the Cooperative Agreement has been previously approved by the
Council by its adoption of the School Board's FY 1995-96 Operating
Budget; and
WHEREAS, by its adoption of the Cooperative Agreement,
the School Board has agreed to transfer the necessary funds from
its FY 1995-96 Operating Budget to the FY 1995-96 Operating Budget
of the City Attorney's Office.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby approves the "Cooperative
Agreement Between the City Council and School Board of the City of
Virginia Beach Pertaining to Legal Services Provided to the School
Board by the Office of the City Attorney," a copy of which is
attached hereto as Exhibit "A" and is hereby incorporated by
reference, and authorizes the Mayor to execute the Cooperative
Agreement on behalf of the City Council.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6 day of June , 1995.
CA-5970
ORDIN\NONCODE\LEGALSER.ORD
R-2
PREPARED: May 30, 1995
LEG, ',:~ ':y
COOPERATIVE AGREEMENT BETWEEN THE crI'Y COUNCIL
AND SCltOOL BOARD OF THE crl~ OF VIRGINIA BEACH
PERTAINING TO LEGAL SERVICES PROVIDED TO
SCHOOL BOARD BY THE OFFICE OF THE CITY ATTORNEY
Factual Back~ound:
1. Chapter 9 of the Charter of the City of Virginia Beach provides that the City
Attorney shall be the chief legal advisor of the City Council, the City Manager, and of all
departments, boards, commissions and agencies of the City in all matters affecting the
interests of the City, and that he shall have such powers and duties as may be assigned by
the Council.
2. The City Charter also provides that the City Attorney is appointed by the City
Council and serves at its pleasure.
3. The School Board is established by the Virginia Constitution, the City Charter,
and provisions of general law, and is a body corporate vested with all of the powers and
duties of school boards conferred by law, including the fight' to contract and be contracted
with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both
real and personal.
4. The School Board is authorized by Section 22.1-82 of the State Code to employ
counsel to advise it, and to pay for such advice out of funds appropriated to the School
Board.
5,
Since the inception of the City and its School Board, the Office of the City
Attorney has provided legal services to the School Board in certain matters with the consent
of both bodies.
6. Both the City Council and the School Board have long recog~ the cost
advantage and savings to taxpayers as the prime reason for sharing services of the City
Attorney's Office.
7. Generally, the Office of the City Attorney has provided day-to-day legal
services to the School Board with respect to real estate matters, representation of the Board
on personnel matters, general administrative and procedural issues, and minor litigation, and
the School Board has employed independent legal counsel in matters involving special
education, personnel issues, and most litigation, especially where indemnified by insurance.
8. From a budgetary perspective, the Office of the City Attorney has historically
allocated one-third of an attorney's t/me to school matters; however, this allocation, funded
100% by the City, is routinely exceeded.
9. It is recognized that at least the equivalent of one full-time attorney position
of approximately 1650 hours with staff support is necessary to adequately perform the
present level of service now provided to the Board, and that new issues will continue to
evolve with the advent of an elected School Board which may alter or enlarge the amount
of work currently performed for the School Board by the Office of the City Attomey.
10. In Fiscal Year 94-95, the School Board had an operating budget of
approximately $340 million and approximately 8,000 employees as compared to the City's
2
budget of approximately $413 million and 5,000 employees. Therefore, it is also recx~gnized
that providing the equivalent of one full-time attorney position in the City Attorney's Office
will not cover all of the legal needs of the School Board.
11. Tl~ Virginia Code of Professional Responsibility for the Legal Profession
requires the independent professional judgment of the Office of the City Attorney on behalf
of its clients.
12. It is recognized that the potential for conflicting interests between the Council
and the Board may arise, and in such cases, the City Attorney must refrain from
representation of interests which may conflict.
13. The City Council and the School Board also recognize that they must work
together and with the City Attorney to identify any real or perceived potential for conflict
at the earliest possible time, advise each other and the City Attorney of any such conflict as
soon as it arises so as not to compromise the interests of the City Council or the School
Board, and assist the City Attorney in avoiding any violation or appearance of violation of
the Code of Professional Responsibility.
14. The City Council and the School Board further recognize that it remains in the
best interest of the taxpayers of the City for the School Board to continue to use the legal
services of the Office of the City Attorney to the extent that no real or perceived conflict is
present and to the extent the City Attorney is budgeted and staffed to handle assigned legal
business of the School Board, rather than develop an in-house legal staff for the School
Board or assign all school issues to outside counsel.
Objectives:
The objective of this Cooperative Agreement is to define the scope and nature of the
relationship between the City Attorney's Office and the School Board, to provide for the
delivery of designated legal services to the School Board, and to avoid any real or perceived
conflict in the delivery of those services.
Am'eement:
NOW, THEREFORE, the City Council and the School Board agree as follows:
I. The Office of the City Attorney will provide day-to-day legal services to the
School Board with respect to real estate matters, representation of the Board in personnel
matters, general administrative and procedural issues, and minor litigation.
2. The City Council and the School Board recognize and understand that the City
Attorney manages all legal matters of the City, but the School Board retains the management
of its legal services, including the employment, as necessary, of independent counsel for
legal services which extend beyond the scope of this agreement, particularly, but not limited
to, legal services for special education issues, personnel matters, and litigation issues not
otherwise assigned to and accepted by the City Attorney.
3. The School Board agrees to budget, and transfer to the City Attorney's budget,
funds for the employment of one full-time attorney position and necessary secretarial support.
4. Based upon this transfer, the City Council agrees to appropriate additional
funds and increase position allocations for one full-time attorney and necessary secretarial
support for the services outlined herein.
10. This Agreement shall be submitted to and approved by the City Council and
the School Board, and shall become effective July 1, 1995, or as soon thereafter as approved
by such bodies and executed by their authorized representatives.
CITY COUNCIL, CITY OF VIRGINIA BEACH
By:
Meyera E. Obemdorf, Mayor
SCHOOL BOARD OF CITY OF VIRGINIA BEACH
I~ne Tumer Kemutt,-C~
School Board of the City of Virginia Beach:
This Cooperative Agreeme,~t~ was approved by majority vote of the School board of
the City of Virginia Beach on ~r~c~ ]~ ~!,~ ._~ .
~cretaryot~he School Boar~ /
City Council of the City of Virginia Beach:
This Cooperative Agreement was approved by majority vote of the City Council of
the City of Virginia Beach, Virginia on .
By:
City Clerk
Coot~greemt
5. The City Council and the School Board recognize the potential for real or
perceived conflicts in the provision of legal services by the City Attorney, agree to be
vigilant in advising the City Attorney of such issues as they arise, and understand that in
such ca~s the City Attorney will refrain from participation on behalf of the School Board
in such cases, but to the extent ethically permissible will continue representation of the City
Council.
6. The City Council and the School Board further acknowledge that the ability
of the City Attorney's Office to provide legal services to the School Board is limited by the
current budgeting and staffing of the City Attorney's Office, the provisions of this
Agreement, and ethical constraints as they may arise.
7. The parties agree that this Cooperative Agreement is not a contract to be
enforced by either party but is rather an agreement to provide legal services which both
parties deem to be in their best interest and that of the taxpayers of the City.
8. It is contemplated that the City Attorney's Office will not furnish more than
1650 hours of service under this Agreement.
9. This Cooperative Agreement shall commence with the fiscal year of the parties
which commences July 1, 1995 and expires June 30, 1996. It may be renewed thereafter.
Each pan), shall give the other notice of intention not to renew 90 days prior to expiration
in order that the other can make an appropriate budget and staffing adjustment.
SCHOOL FUNDING - FY 95/96
ATTORNEY I - FULL TIME/PERMANENT
01130
ACCT #
ACCOUNT NAME
Professional Salaries
02101
FICA (6.2 %)
Medicare (1.45%)
02201
02301
02302
Retirement (9.77)
Health & Dental ($2,040)
Life Insurance (.35 %)
TOTAL ATTORNEY SALARY & BENEFITS:
FUNDINO
$34,326
2,128
498
3,354
2,040
120
$42,466
SECRETARY ! - FULL TIME/PERMANENT
O1170 Clerical Salaries
02101 FICA (6.2%)
02104 Medicare (1.45%)
02201 Retirement (9.77)
02301
Health & Dental ($2,040)
02302
Life Insurance (.35 %)
TOTAL SECRETARY I SALARY & BENEFITS:
$13,767
854
200
1,345
2,040
$18,245
TOTAL FUNDS NEEDED:
$60,711
- 21 -
Item III-H. 9.
CONSENT AGENDA
ITEM # $9298
RES OL UTIONS /ORDINANCES
Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion of the
right-of-way of Elbow Road Relocated to Baymark Construction
Corporation re constructing and maintaining a white vinyl rail fence
(KEMPSVILLE BOROUGH)
The following conditions shall be required:
,
The owner agrees to remove the encroachment when notified by
the City of Virginia Beach, within thirty (30) days after such
notice is given, at no expense to the Cay
2. The owner agrees to keep and hold the City free and harmless
of any liability as a result of the encroachment.
3. The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
Voting: 10-0
Council Members Voting Aye.
John A. Baurn, Linwood O. Branch, III, Robert K~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K~ Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June 6, 1995
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AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
RIGHT-OF-WAY OF ELBOW
ROAD RELOCATED TO BAYMARK
CONSTRUCTION CORPORATION,
ITS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
BAYMARK CONSTRUCTION CORPORATION, its heirs, assigns and successors
in title is authorized to construct and maintain a temporary
encroachment into the right-of-way of Elbow Road Relocated.
That the temporary encroachment herein authorized is for
the purpose of constructing and maintaining a vinyl rail fence and
that said encroachment shall be constructed and maintained in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location, and
further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a
portion of the City's right-of-way
known as Elbow Road Relocated, on
the certain plat entitled:
"HILLCREST FARMS - PLAT SHOWING
ENCROACHMENT OF WHITE PVCRAIL FENCE
INTO THE RELOCATED ELBOW ROAD RIGHT-
OF-WAY FOR BAYMARK CONSTRUCTION
CORP. - THE TAF GROUP, ARCHITECTURE
ENGINEERING CONSTRUCTION - SCALE: 1"
- · "a copy
- 100' DATE. APRIL 3, 1995,
of which is on file in the
Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia
Beach to any officer of Baymark Construction Corporation, its
heirs, assigns and successors in title and that within thirty (30)
days after such notice is given, said encroachment shall be removed
from the City's right-of-way of Elbow Road Relocated and that
Baymark Construction Corporation, its heirs, assigns and successors
in title shall bear all costs and expenses of such removal.
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AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Baymark Construction Corporation, its heirs,
assigns and successors in title shall indemnify and hold harmless
the City of Virginia Beach, its agents and employees from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file or
defend an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that the party of the second part
agrees to maintain said encroachment so as not to become unsightly
or a hazard.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Baymark Construction Corporation
executes an agreement with the City of Virginia Beach encompassing
the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6 day of 3~e 95
, 19 .
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05/10/95
CBC. tga
CAHOON\BAYMARK.ORD
/7/3~.[ROVED A~.,TO CONTENT
DEPARTMENT
APPROVED AS TO
LEGAL SUFFICIENCY
5' (TYP.)
4' CONC. SIDEWALK
~.o w u~_ ~.
(TYP.)
WHITE PVC
FENCE (.TYP.)
EXISTING INDIAN RIVER ROA'D"(R/W VARIES)
100 50 0
100 200 300
EXHIBIT "A"
SCALE 1" = 1 O0
THE
T/IF
QROUP
Drown: JAH iiioo
HILLCREST FARMS
PLAT SHOWING ENCROACHMENT
OF WHITE PVC RAIL FENCE
INTO THE RELOCATED ELBOW ROAD
RIGHT-OF-WAY FOR BAYMARK
CONSTRUCTION CORP.
,APRIL 3, 1995
IIISc°le' 1"=100'
," % LOCATION MAP
IAHIFURD
leE
Salem
Us
ES&'
BELLWO{~
El
SITE
A
~.,690,000 FT
ri
Join~ Ma#
19 ~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
_
municipal corporation, GRANTOR, party of the first part, and
BAYMARK CONSTRUCTION CORPORATION, a Virginia corporation, ITS
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the
second part.
WITNESSETH:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a 54" white vinyl rail
fence in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such 54" white
vinyl rail fence, it is necessary that the said party of the
second part encroach into a portion of an existing City right-of-
way known as Elbow Road Relocated; and said party of the second
part has requested that the party of the first part grant a
temporary encroachment to facilitate such 54" white vinyl rail
fence within a portion of the City's right-of-way known as Elbow
Road Relocated.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's right-of-way known as
Elbow Road Relocated for the purpose of constructing and
maintaining such 54" white vinyl rail fence.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as Elbow Road
Relocated as shown on that certain plat
entitled: "HILLCREST FARMS - PLAT SHOWING
ENCROACHMENT OF WHITE PVC RAIL FENCE INTO
THE RELOCATED ELBOW ROAD RIGHT-OF-WAY FOR
BAYMARK CONSTRUCTION CORP. - THE TAF GROUP,
ARCHITECTURE ENGINEERING CONSTRUCTION -
SCALE: 1" = 100' - DATE: APRIL 3, 1995" a
copy of which is attached hereto as Exhibit
"A" and to which reference is made for a
more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right-of-way known as Elbow Road Relocated by the party of
the second part; and that the party of the second part shall bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
2
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the party of the second
part must post a Performance Bond and show proof of public
liability insurance of a minimum of Five Hundred Thousand Dollars
($500,000.00).
It is further expressly understood and agreed that any
above ground encroachments shall conform to the minimum setbacks
requirements, as established by the City Traffic Engineer's
Office.
It is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
i! City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, the said BAYMARK CONSTRUCTION
CORPORATION, a Virginia corporation, has caused this Agreement to
be executed in its corporate name and on its behalf by its
president, with due authority by its board of directors.
Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its
City Clerk.
( SEAL )
ATTEST:
City Clerk
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
BAYMARKCONSTRUCTI ONCORPORATI ON
a Virginia corporation
Richard $. ~'o£ter, ~esi"dent
il STATE OF VIRGINIA
i~ CITY OF VIRGINIA BEACH, to-wit:
,!
I,
Notary
Public in and for the City and State aforesaid, do hereby certify
that
, CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the ...
day of
, 19 . , has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this
day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of , 19 ~, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, .. ~n4~U~ ~W1 , a Notary Public
in and for the City and State aforesaid, do hereby certify that
RICHARD S. FOSTER, President, on behalf of BAYMARK CONSTRUCTION
CORPORATION, a Virginia corporation, whose name is signed to the
foregoing writing, bearing date the ~ day of
~~ , 19~.5 , has acknowledged the same before
me in my City and State aforesaid.
Given under my
hand this ~ day of
' Not~rg Public'
My Commission Expires:
_~~_ .~OV~ AS TO CONT~:NT
APPROVED AS TO
LEGAL SUFFICIENCY
Item III-H. IO.
CONSENT AGENDA
ITEM # 39299
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance appointing viewers in the petition of Bay Properties for the
closure of a portion of Reliance Drive, Parcels 91, 94 and residual
acreage, being a resubdivision of the property of the Virginia Beach
Development Authority (PRINCESS ANNE BOROUGH)
The Viewers are;
David G. Grochmal
Robert J. Scott
Ralph Smith
Director of General Services
Director of Planning
Director of Public Works
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor William
D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June 6 1995
ORDINANCE APPOINTING VIEWERS
WHEREAS, Bay Properties has given due and proper notice, in
accordance with the statutes for such cases and made and provided
that they will on the 6th day of June, 1995, apply to the City
Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below-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 the hereinafter described portion of that certain
street of variable width, 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 .~. Smith are hereby appointed to view the below
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 a
portion of that certain street of variable width located in the
City of Virginia Beach, Virginia, and more particularly described
as follows:
Beginning at a point on the southern right-of-way line of
Reliance Drive at the Northwest corner of parcel 94, GPIN # 1496-
74-7271, and the Northeast corner of parcel 91, GPIN # 1496-74-
0012, Oceana West Industrial Park, said point of beginning being
S 8~ -59'-53"W 505.74 feet from the point of intersection created
by the eastern tangent projection of the Southern right-of-way line
of Reliance Drive intersecting the northern tangent projection of
the Western right-of-way line of International Parkway; Thence
proceeding along the Southern right-of-way line of Reliance Drive
S 84o -59'-53"W 423.38 feet to a point of curve; Thence proceed
along a curve to the left having a radius of 52.62 feet, a central
angle of 52~-23'-42", a distance along the arc of 48.12 feet to a
point of reverse curve; Thence proceeding along a curve to the
right having a radius of 50.00 feet, a central angle of 232o-231-
42", a distance along the arc of 202.80 feet to a point of tangency
on the northern right-of-way line of Reliance Drive; Thence proceed
along the northern right-of-way line of Reliance Drive N 84 -591-
53" E 504.68 feet to a point; thence turning and proceeding along
a line crossing the aforesaid right-of-way S 0~-00~-07" E 60.00
feet to the point of beginning. This portion of Reliance Drive to
be closed contains 35,817 square feet or 0.8223 acres.
Ail the above, as shown upon that certain plat entitled "Plat
of the 554.68' Western portion of Reliance Drive to be closed" as
shown on" Amended plat of Parcels 91, 94 & Residual Acreage being
a resubdivision of property of The Virginia Beach Development
Authority" Princess Anne Borough-Virginia Beach, Virginia, which
plat is attached hereto and made part hereof and intended to be
recorded with the Ordinance closing the aforedescribed street.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6 day of 3une , 1995.
~ICHARD H DOUMMAR
A'i'I'ORNEY AT LAW
VIRGINIA BEACH. VIRGINIA
PLEASE TAKE NOTICE, that at the meeting of the City Council
of the City of Virginia Beach, Virginia, to be held on the 6th day
of June, 1995, at 2:00 p.m., at the City Hall of the City of
Virginia Beach, Princess Anne Station, the undersigned will
petition the Council for the appointment of Viewers to view the
below-described portion of that certain street 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 same, the said portion of said street being
described as follows:
Beginning at a point on the southern right-
of-way line of Reliance Drive at the Northwest
corner of parcel 94, GPIN $ 1496-74-7271, and
the Northeast corner of parcel 91, GPIN $
1496-74-0012, Oceana West Industrial Park,
said point of beginning being S 84°-59'-53"W
505.74 feet from the point of intersection
created by the eastern tangent projection of
the Southern right-of-way line of Reliance
Drive intersecting the northern tangent
projection of the Western right-of-way line of
International Parkway; Thence proceeding along
the Southern right-of-way line of Reliance
Drive S 840-59'-53"W 423.38 feet to a point of
curve; Thence proceed along a curve to the
left having a radius of 52.62 feet, a central
angle of 5~-23'-42", a distance along the arc
of 48.12 feet to a point of reverse curve;
Thence proceeding along a curve to the right
having a radius of 50.00 feet, a central angle
of 232"-23'-42'', a distance along the arc of
202.80 feet to a point of tangency on the
northern right-of-way line of Reliance Drive;
Thence proceed along the northern right-of-
way line of Reliance Drive N 84° -59'-53" E
504.68 feet to a point; thence turning and
proceeding along a line crossing the aforesaid
right-of-way S 05~-00'-07'' E 60.00 feet to the
point of beginning. This portion of Reliance
Drive to be closed contains 35,817 square feet
or 0.8223 acres.
ICHARD H DOUMMAR
ATTORNEY AT LAW
IRGINIA BEACH VIRGINIA
All the above, as shown upon that certain plat entitled "Plat
of the 554.68' Western portion of Reliance Drive to be closed" as
shown on" Amended plat of Parcels 91, 94 & Residual Acreage being
a resubdivision of property of The Virginia Beach Development
Authority"- Princess Anne Borough- Virginia Beach, Virginia, made
by Langley and McDonald, Engineers-Planners-Surveyors, dated August
16, 1989.
At that time, anyone affected may appear to present his views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as the
matter may be placed on the agenda, the undersigned will petition
the City Council to vacate, close and discontinue that portion of
Reliance Drive in the City of Virginia Beach, Virginia, described
above.
Richard H. Doummar, Esquir~
3330 Pacific Avenue, Suite 200
Virginia Beach, VA 23451-2983
804-422-0061
BAY PROPER~~--~
By:
Of counsel
/N TEEFINA T'I 0 NA L PA FtK WA
.( ~.~. ~o~, /~o, $~ ).
( D,B, 2584, I=~, $29 )
$
~0,00'
REL 1,4 NOE DR/VE
7'0 ,gE' Cd. OSED
OCERNA
INDU$~IAL
(0.8. 2787, /:'¢.
~PIN t 1496-74-1510
1 O0 0 1 O0 200
Y
U.EI. ~03 PO. 3!
W~. LARGE, Inc.
II --' - ! iH
__
O~_ANA WE'~F
/NDU$7'RI~ P. aJ?K
(O.8. 2787, PG. 56~)
GPIH t 1495-74-0012
A *. 52'23'42'
L -
R - $0.00'
L ~ 202.80'
PI. Al' OF
1~YE 5,f4.~' W~~N PORTION OF
I~RG/N/,4 8F_AC/-/,
IN THE MATTER OF CLOSING VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS RELIANCE DRIVE SHOWN
UPON THAT CERTAIN PLAT ENTITLED "PLAT OF THE 554.68' WESTERN
PORTION OF RELIANCE DRIVE TO BE CLOSED" AS SHOWN ON "AMENDED PLAT
OF PARCELS 91, 94 & RESIDUAL ACREAGE BEING A RESUBDIVISION OF THE
PROPERTY OF THE VIRGINIA BEACH DEVELOPMENT AUTHORITY"- PRINCESS
ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA,
WHICH PLAT IS ATTACHED HERETO
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, Bay Properties, respectfully represents as
follows:
1. That pursuant to the provisions of S15.1-364 of the Code
of Virginia, 1950, as amended, the Petitioner applies for the
vacating, closing, and discontinuance of a portion of that certain
street, which is more specifically described as follows:
Beginning at a point on the southern right-of-way line of Reliance
Drive at the Northwest corner of parcel 94, GPIN # 1496-74-7271,
and the Northeast corner of parcel 91, GPIN # 1496-74-0012, Oceana
West Industrial Park, said point of beginning being S 84°-59'-53"W
505.74 feet from the point of intersection created by the eastern
tangent projection of the Southern right-of-way line of Reliance
Drive intersecting the northern tangent projection of the Western
right-of-way line of International Parkway; Thence proceeding along
the Southern right-of-way line of Reliance Drive S 84° -59'-53"W
423.38 feet to a point of curve; Thence proceed along a curve to
the left having a radius of 52.62 feet, a central angle of 52°-
23'-42", a distance along the arc of 48.12 feet to a point of
reverse curve; Thence proceeding along a curve to the right having
a radius of 50.00 feet, a central angle of 23~-23'-42", a distance
along the arc of 202.80 feet to a point of tangency on the northern
right-of-way line of Reliance Drive; Thence proceed along the
northern right-of-way line of Reliance Drive N 84°-59'-53'' E 504.68
feet to a point; thence turning and proceeding along a line
crossing the aforesaid right-of-way S 05"-00'-07'' E 60.00 feet to
the point of beginning. This portion of Reliance Drive to be
closed contains 35,817 square feet or 0.8223 acres.
Said parcel of land being a portion of Reliance Drive, as
indicated on that certain plat entitled "Plat of the 554.68'
Western portion of Reliance Drive to be closed" as shown on"
Amended plat of Parcels 91, 94 & Residual Acreage being a
resubdivision of property of The Virginia Beach Development
Authority"- Princess Anne Borough- Virginia Beach, Virginia", which
plat is attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing aforedescribed street.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to Council on or
before the , 1995, as to whether in the opinion of
said viewers, what inconvience, if any, would result from the
discontinuance and closing of this portion fo said street, as
herein reported and described.
3. That on the22nd day of May, 1995 and on the 29th day of
May, 1995, notice of the presenting of this application was
published in the Virginian Pilot/Ledger Star, a newspaper of
general circulation in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and adjacent
to and affected by said portion of the platted street; is your
Petitioner, Bay Properties, P.O. Box 2623, Virginia Beach,
Virginia, 23450.
Respectfully submitted,
BAI
Richard H. Doummar
Beach Tower, Suite 200
3330 Pacific Avenue
Virginia Beach, VA 23451
(804) 422-0061
ICHARD H DOUMMAR
A'FI'OItNEY AT LAW
IRGINIA BEACH VIROINIA
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Richard H. Doummar, attorney for Bay Properties, being
first duly sworn, deposes and states as follows:
1. That I am attorney at law and represent Bay Properties.
2. That on the 22nd day of May, 1995, and the 29th day of
May, 1995 notice of the presenting of the application to close a
portion of that certain street known as Reliance Drive on behalf
of Bay Properties, is to be published in the Virginian Pilot/Ledger
Star, a newspaper of general circulation in the City of Virginia
Beach, Virginia.
And further deponent saith
Subscribed and sworn to before me this 18th day of May, 1995.
Notary Publi(]
My commission expires: 9/30/98
R.[CHARD H. Do~
ATTORNEY AT LAW
BEACH TOWER, SUITE 200
3330 PACn:IC AVENUE
V1RGINIA BEACH, VIRGINIA 23451-2983
TELEPHONE (804) 422-0061
FAX (804) 422-5512
CERTIFICATE OF VESTING OF TITLE
I, Richard H. Doummar, attorney for Bay Properties, do hereby
certify that:
1. I am an attorney at law and represent Bay Properties, the
petitioner.
2.If the property described below is discontinued, closed and
vacated by the Council of the City of Virginia Beach, Virginia,
then title to said property will vest in Bay Properties, a Virginia
general partnership, the adjacent landowner.
The said property referred to herein is hereby described as
follows:
Beginning at a point on the southern right-of-way line of
Reliance Drive at the Northwest corner of parcel 94, GPIN ~ 1496-
74-7271, and the Northeast corner of parcel 91, GPIN # 1496-74-
0012, Oceana West Industrial Park, said point of beginning being
S 84°-59'-53"W 505.74 feet from the point of intersection created
by the eastern tangent projection of the Southern right-of-way line
of Reliance Drive intersecting the northern tangent projection of
the Western right-of-way line of International Parkway; Thence
proceeding along the Southern right-of-way line of Reliance Drive
S 84° -59'-53"W 423.38 feet to a point of curve; Thence proceed
along a curve to the left having a radius of 52.62 feet, a central
angle of 520-23'-42'', a distance along the arc of 48.12 feet to a
point of reverse curve; Thence proceeding along a curve to the
right having a radius of 50.00 feet, a central angle of 232~-23'-
42", a distance along the arc of 202.80 feet to a point of tangency
on the northern right-of-way line of Reliance Drive; Thence proceed
along the northern right-of-way line of Reliance Drive N 84~-59'-
53" E 504.68 feet to a point; thence turning and proceeding along
a line crossing the aforesaid right-of-way S°0~-00'-07" E 60.00
feet to the point of beginning. This portion of Reliance Drive to
be closed contains 35,817 square feet or 0.8223 acres.
Richard H. Doummar
RHD:kh (
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS, RELIANCE DRIVE AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAT OF THE 554.68' WESTERN
PORTION OF RELIANCE DRIVE TO BE CLOSED" AS SHOWN ON "AMENDED PLAT
OF PARCELS 91, 94 & RESIDUAL ACREAGE BEING A RESUBDIVISION OF THE
PROPERTY OF THE VIRGINIA BEACH DEVELOPMENT AUTHORITY"-PRINCESS ANNE
BOROUGH-VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been
given by Bay Properties, that they would make application to the
Council of the City of Virginia Beach, Virginia,
on
, 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
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that th hereinafter described street be discontinued,
closed, and vacated:
Beginning at a point on the southern right-of-way line of Reliance
Drive at the Northwest corner of parcel 94, GPIN $ 1496-74-7271,
and the Northeast corner of parcel 91, GPIN $ 1496-74-0012, Oceana
West Industrial Park, said point of beginning being S 84°-59'-53"W
505.74 feet from the point of intersection created by the eastern
tangent projection of the Southern right-of-way line of Reliance
Drive intersecting the northern tangent projection of the Western
right-of-way line of International Parkway; Thence proceeding along
the Southern right-of-way line of Reliance Drive S 8~ -59'-53"W
423.38 feet to a point of curve; Thence proceed along a curve to
the left having a radius of 52.62 feet, a central angle of 52°-
23'-42", a distance along the arc of 48.12 feet to a point of
reverse curve; Thence proceeding along a curve to the right having
a radius of 50.00 feet, a central angle of 23~-23'-42", a distance
along the arc of 202.80 feet to a point of tangency on the northern
right-of-way line of Reliance Drive; Thence ~roceed along the
northern right-of-way line of Reliance Drive N 84 -59'-53" E 504.68
feet to a point; thence turning and proceeding along a line
crossing the aforesaid right-of-way S 0~-00'-07" E 60.00 feet to
the point of beginning. This portion of Reliance Drive to be
closed contains 35,817 square feet or 0.8223 acres.
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:
GPIN $:
w.?. rNc.
A PROPES8ION~ C:OI~ORATION
SURVEYINO-ENOINEERINO.PLANNINO
METF_.S & BOUNDS DF~CRI~ION
OF THE 554.68' WESTERN PORTION OF
RELIANCE DRIVE TO BE CLOSED
PRINCESS ANNE BOROUGH
VIROINIA BEACH, VA
Beginning at a point on the southern right-of-way line of Reliance Drive at the Northwest
comer of parcel 94, GPIN #1496-74-7271, and thc Northeast comer of parcel 91, GPIN
t/~1496-74-0012, Oceana West Industrial Park, said point of beginnin~ being S 84° - 59'.
$3"W $05.74 feet from the point of intersection crcatexi by the eastern tangent projection
of the Southern right-of-way line of Reliance Drive intersecting the northern tangent
projection of the Western right.of-way line of International Parkway; Thence proceeding
along the Southern fight-of, way line of Reliance Drive S $40 - 59' - $3"W 423.38 feet to a
point of curve; Thence proceed along a curve to the left having a radius of 52.62 feet, a
central angle of 52° -23'. 42", a distance along the arc of 48.12 feet to a point of reverse
curve; Thence proceeding along a curve to the right having a radius of 50.00 feet, a central
angle of 232° - 23' - 42", a distance along the arc of 202.80 feet to a point of tnngency on
the northern right-of-way linc of Reliance Drive; Thence proceed along the northern fight-
of-way line of Reliance Drive, N 84° - 59' - $3" l~ 504.68 feet to a point; thence turning and
proceeding along a line crossing the aforesaid right-of.way S 05° - 00' - 0?'E 60.00 feet to
the point of beginning. This portion of Reliance Drive to be closed contains 35,817 square
feet or 0.8223 acres.
244 MUS'rANO TRAIL, VIRGINIA BEACH, VIROINIA 2~4~2
(804) 43~-~o4~/PAX (~)4) 463.14t2
Item III-H. 11.
CONSENT AGENDA
ITEM # 39300
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinances to authorize License Refunds in the amount of $7,814.25
upon application of certain persons and upon Certification of the
Commissioner of the Revenue.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William
D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M Strayhorn
June 6, 1995
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
B, Ilhart, Jeff D.
1114 Windswept C~rcle
Chesapeake, VA 23320-5008
Camtrex Inc.
1029 Shoal Creek Tra~l
Chesapeake, VA 23320
Conrad, Peggy C.
T/A Audio Text of VA
962 Cam~no Real Square
VIrg~ma Beach, VA 23456
1993 Audit $35.00 :$35 00
1991-94 Audit $82.10 $82.10
1993-94 Audit $10.00 $10.00
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $127.10
S~xth
of the C~ty of V~rgin~a Beach on the
Cerbfied as to Payment:
Comm~smoner of the Revenue
Approved as to form:
Lesh~ L. blley'~---'---~
C~ty Attorney
were approved by the Council
June
day of ,19
95
Ruth Hodges Smith
City Clerk
FOP&~ NO CA ~REV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcatlons for I~cense refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Cromble, Patricla A.
T/A Executive Soda Shop
4692 Berrywood Road
Virgima Beach, VA 23464
1993-94 Audit $11.20
$11.20
Gearhart, Edwin R. 1994
T/A Independence Veterinary Chmc
717 Independence Blvd. #208
Virginia Beach, VA 23455
Audit $786.35
$786 35
Gibralter Mausoleum Corp. 1994 Audit
T/A Rosewood Memonal Park/Pnncess Anne Memonal Park
9102 N. Meridian Street #300
Indlanapohs, IN 46260
$1,431.43
$1,431.43
Cerbfied as to Payment:
Commismoner of the Revenue
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $2,228.98
of the C~ty of Virginia Beach on the $~×th
Approved as to form
~'~sl~e L Liiley-~'-'--~
C~ty Attorney
were approved by the Council
day of June ,19 95
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the followIng apphcat~ons for license refunds, upon cert~ficabon
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
IBEX Internabon Inc.
1023 Lask~n Road #109
V~rgima Beach, VA 23451
1992-94 AudIt $845.08 $845 08
Inventories Corp.
516 M~nute Man Road
V~rg~ma Beach, VA 23462
1994 Audit $17.23 $17.23
James H. Peno Installabon Brokerage Inc.
512 Castle Shannon Blvd. #B
P~ttsburgh, PA 15234 1993-94
AudIt $139.60 $139.60
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $1,001.91
of the C~ty of V~rg~n~a Beach on the
Sixth
Cerbfled as to Payment.
~RO'bert P. Vaughan
Commissioner of the Revenue
Approved as to form:
C~ty Attorney
were approved by the Council
day of June ,19
95
Ruth Hodges Smith
C~ty Clerk
FOt~IM NO CA IREV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcabons for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Jones, Raymond L.
5149 Langston Road
Virginia Beach, VA 23464
Juhus Inc.
T/A Julius
4737 Nuttfleld Lane
Virg~ma Beach, VA 23462
Mark~n, Roe E.
T/A ALZ Helpers
1236 G~nger Crescent
Virg~ma Beach, VA 23456
1994 Audit $43.72
1993-94 Audit $137 65
1993-94 Audit $12.00
Th~s ordinance shall be effective fr.om date of
adoption.
The above abatement(s) totahng $193 37
S~xth
of the C~ty of Virginia Beach on the
$43.72
$137.65
$12.00
Certified as to Payment:
c---l:{o-bert P Vaughan ~
Commissioner of the Revenue
Approved as to form'
~-"'L~slie L,~_-I~e~'~'-- City Attorney
were approved by the Council
June 95
day of ,19
Ruth Hodges Smith
C~ty Clerk
FORM NO CA IF~V ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the followIng applicatIons for hcense refunds, upon certlficabon
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Nguyen, M~chael L & Thanh
T/A Q WS Alterabons
1 Huron Drive #B
Portsmouth, VA 23702
W~lk~nson, Samuel W. DSC
1344 Woodhurst Drive
Virg~ma Beach, VA 23454
W~lson, Thomas
T/A E W Home Care & RepaIr
1417 Ellerbeck Court
V~rg~ma Beach, VA 23456
1993-94 Audit $13.20 $13.20
1994 Audit $106 29 $106.29
1993-94 Audit $10.00 $10 00
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $129.49
of the City of V~rgln~a Beach on the
Certified as to Payment
Commissioner of the Revenue
Approved as to form.
C~ty Attorney
were approved by the Council
day of June ,19 95
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA'
That the following apphcations for license refunds, upon cerbflcat,on of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int.
Year Paid
Commander, Margaret T.
317-A Etheridge Road
Chesapeake, VA 23322
D-A Lubricant Company Inc.
T/A Newark Electronics
4500 Euclid Avenue
Cleveland, OH 44103
Dorman, Lisa L.
T/A The Shopkeeper
665 Congress Street
Virginia Beach, VA
23452
Guild Mortgage Corp.
9160 Gramercy Drive
San Diego, CA 92123
199 3-94 Audi t 32.79
1994 Audit 244.25
199 3-94 Audit 10.00
1994 Audit 1,186.45
Th~s ordinance shall be effecbve from date of
adoption
The above abatement(s) totahng $1,473.49
of the CIty of Wrgm~a Beach on the day of
Total
32.79
244.25
10. O0
1,186.45
Cert~hed as to Payment
/----R~b~rt P Vaughan ~"
Commissioner of the Revenue
Approved as to form
C~ty Attorney
were approved by the Council
June , 19 95
Ruth Hodges Smith
CIty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcations for license refunds, upon certification of the CommissIoner of the
Revenue are hereby approved:
NAME
!
Kinn, Eilene I.
T/A Dam Neck Comics N Cards
1105 Hubbell Drive
Virginia Beach, VA 23454
License Date
Base
Year Paid
,
199 3-94 Audit 156.94
Tidewater Automotive Center Inc.
T/A Ail Tune And Lube 1994
119 Lambert Drive
Newport News, VA 23602
Wishing Star Inc. 1993-94
T/A Cruise Holidays Of Virginia Beach
4001 Virginia Beach Blvd. S-107
Virginia Beach, VA 23452
Woodbridge Associates
4099 Foxwood Drive ~200
Virginia Beach, VA 23462
1994
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng ~;2,659.91
of the C~ty of V~rg~ma Beach on the
day of
Penalty Im.
Total
156.94
Audit 217.71
217.71
Audit 459.60
459.60
Audit 1,825.66
1,825.66
Cert~hed as to Payment
CommIssioner of the Revenue
Approved as to form'
~l~e L 'Lilley ~' ~
C~ty Attorney
were approved by the Council
June , 19 95
Ruth Hodges Smith
C~ty Clerk
- 24 -
Item III-J. 1.
APPOINTMENTS
ITEM # 39301
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
MINORITY BUSINESS COUNCIL
Leroy Michael Cloud Butler
Edward L. Hamm
Diane Leavitt
Sylvia Nery Prim
Showling Moy Wong
Liaison: Council Lady Louisa M. Strayhorn
Two-year term
6/1/95 thru 5/31/97
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William I,E. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
Linwood O. Branch, III and Louisa M. Strayhorn
Council Lady Parker ABSTAINED to be consistent with her vote on the original ordinance.
June 6, 1995
Item III-J. 2.
APPOINTMENTS
ITEM # 39302
BY CONSENSUS, City Council RESCHEDULED:
RA.4C - RESORT AREA ADVISORY COUNCIL
June 6, 1995
Item lll-l.,lt
NEW BUSINESS
ITEM # 39303
COUNCIL-SPONSORED ITEMS
SCHEDULED FOR JUNE 27, 1995 CITY COUNCIL MEETING:
Lake Edward Neighborhood Advisory Council - Neighborhood Safety.
(Sponsored by Councilman Louis R. Jones)
June 6, 1995
- 27 -
Item llI-L,l,b,
NEW BUSINESS
ITEM # 39304
COUNCIL-SPONSORED ITEMS
Upon motion by Vice Mayor Sessorns, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-79 of the Code of
the City of Virginia Beach re automobile decals for Volunteer Police
Chaplains, Auxiliary Deputy Sheriffs, Disabled Veterans and Surviving
Spouses of Disabled Veterans. (Sponsored by Mayor Meyera E.
Oberndorf)
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D Sessorns, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
Louisa M. Strayhorn
June 6, 1995
Requested by Mayor Meyera E. Oberndorf
10
11
12
13
14
15
16
17
18
19
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-79 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO AUTOMOBILE DECALS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-79 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Sec. 21-29 Issuance of decal to members of volunteer fire
companies or rescue squads~ a~4 auxillary
policemen, volunteer police chaplains, auxiliary
deputy sheriffs, disabled veterans and surviving
spouses of disabled veterans.
City automobile decals shall be issued to members of the
various volunteer fire companies and rescue squads, to auxiliary
policemen and to volunteer police chaplains of the city, to
auxiliary deputy sheriffs, to disabled veterans as defined in Code
of Virginia section 46.2-100, and to survivinq spouses of such
disabled veterans, without the payment of any tax or fee~ ~=heT~f-r,
in accord with the following provisions:
(1) The city treasurer shall issue a city automobile decal to
each active member of the various volunteer fire
companies and rescue squads, to each active auxiliary
policeman, to each active volunteer police chaplain, and
to each active auxiliary deputy sheriff; and to each such
volunteer who, although presently inactive, has completed
ten (10) or more years of active service in the city, who
shall submit a letter from the chief of his fire company
or rescue squad or, in the case of auxiliary policemen
and volunteer police chaplains, from the chief of police,
or in the case of auxiliary deputy sheriffs, from the
sheriff, stating that he is an active member of the
company or squad or is an active auxiliary policeman~ or
volunteer police chaplain7 or auxiliary deputy sheriff,
or that, if inactive, he has completed ten (10) or more
years of active service.
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this
(2) Each such mcmbcr of a volunteer fire company or rescue
squad member, auxiliary policeman~ and volunteer police
chaplain and auxiliary deputy sheriff shall, at the time
of issuance, agree with the treasurer to return to the
treasurer the city automobile decal issued to him, if and
.... ~ .... n volunteer becomes inactive prior to completing
ten (10) or more years of active service.
(3) The chief of each volunteer fire company and rescue
squad~ and the chief of police, and the sheriff shall
submit to the treasurer the names and length of active
volunteer service of members, auxiliary policemen and
police chaplains and auxiliary deputy sheriffs who become
inactive.
(4) The city treasurer shall issue a city automobile decal to
each disabled veteran and to each surviving spouse of a
disabled veteran who shall present certification of such
status from the U. S. Veterans Administration.
This ordinance shall be effective July 1, 1995.
Adopted by the City Council of the City of Virginia Beach on
6 day of 3une 1995.
CA-5968
DATA/ORD IN/PRO POS ED/21- 79. ORD
MAY 26, 1995
R4
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
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Item llI-L.l.c.
NEW BUSINESS
ITEM # 393O5
COUNCIL-SPONSORED ITEMS
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessorns, City Council ADOPTED:
Ordinance to AMEND and RE, ORDAIN Chapter 6, Sections 6-16.1 and
6-120.1 of the Code of the City of Virginia Beach re recreational area
for swimming and personal watercraft.
(Sponsored by Councilman Wdliam W.. Harrison, Jr.)
Amendments shall be effective July 1, 1995
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor Wilham
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June 6, 1995
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Requested by Councilmember William W. Harrison, Jr.
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 6, SECTIONS 6-16.1 AND 6-
120.1 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO RECREATIONAL AREA FOR SWIMMING
AND PERSONAL WATERCRAFT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 6, Sections 6-16.1 and 6-120.1 of the Code of the
City of Virginia Beach, Virginia, are hereby amended and reordained
to read as follows:
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Bec. 6-16.1. Recreational area for swimming amd other water
activities.
(a) The City of Virginia Beach hereby finds and declares
that, due to the large number of adults and children who engage in
swimming, wading, crabbing, fishing and other water activities in
the waters adjacent to the sand beaches of the Chesapeake Bay, the
operation of motorboats in such waters when close to shore presents
a substantial danger to the public. By adoption of this section,
it is the intent of the city to promote the public health, safety,
welfare and good order by restricting the operation of motorboats
in such waters, and thereby alleviating this danger.
(b) During the period May 1 through October 15 of each year,
from 10:00 a.m. until sunset, the area adjacent to the beaches of
the Chesapeake Bay, extending one hundred (100) yards seaward from
the shoreline, and extending eastward from the eastern boundary of
the Little Creek Naval Amphibious Base to the western boundary of
Ft. Story, is hereby designated as a recreational area for
swimming, wading, crabbing, fishing and other water activities not
involving the use of motorboats~ provided, however, that the area
so established shall not be deemed to include the navigable waters
of the Lynnhaven Inlet. Within such designated area, it shall be
unlawful for any person to operate any motorboat except when
proceeding to or from the beach or an anchorage, at an angle
perpendicular to the shoreline, at the minimum speed required to
maintain steerage and headway, and while maintaining a distance of
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no less than....,~''" (~v,=^~ one hundred ~ feet from any person or
persons in the water.
(c) Any person engaged in the business of the rental of
motorboats, and any person who provides, for a fee, a ramp or other
launching services for the launching of motorboats into waters
accessible to the area designated in subsection (b) of this
section, shall be required to post, in a clear, conspicuous and
sufficient manner, a sign indicating that local law prohibits any
person from operating a motorboat in such designated area from May
i through October 15 of each year, except when proceeding to or
from the beach or an anchorage, at an angle perpendicular to the
shoreline, at the minimum speed required to maintain steerage and
headway, and while maintaining a distance of no less than
~ one hundred ¢100) feet from any person or persons in the
water.
Sec. 6-120.1. Personal watercraft; flotation device required;
hours of operation; distance from shore, etc.
(a) No person shall, in any waters of the city, including the
marginal adjacent ocean:
(1) Operate a personal watercraft unless any person riding or
being towed behind the personal watercraft is wearing a
type I, type II, type III or type V personal flotation
device of a type approved by the United States Coast
Guard;
(2) Operate a personal watercraft at any time between sunset
and sunrise;
(3) Operate a personal watercraft at a distance of less than
fifty (50) feet from any shore, pier,---~_~ bulkhead~ or
~ess than ode hundred (100} feet from the boundary of any
designated swimming area, or from swimmers in the water,
except when proceeding to and from waters where operation
of personal watercraft is not restricted;
(4) Operate a personal watercraft unless he/she is at least
fourteen (14) years of age;
(5) Operate a personal watercraft unless the lanyard is
attached to his person, clothing, or personal flotation
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device, if the personal watercraft is equipped with a lanyard-type
engine cut-off switch;
(6) Operate a personal watercraft while carrying a number of
passengers in excess of the number for which the craft
was designed by the manufacturer.
(7) When launching or landing a personal watercraft,
approach or depart from any beach at other than an angle
perpendicular to the shoreline, or (ii) proceed at a
speed greater than that which is necessary to maintain
control of such watercraft.
These amendments shall be effective July 1, 1995.
Adopted by the City Council of the City of Virginia Beach on
this 6 day of June 1995.
CA-5965
DATA/ORD IN/PRO POS ED/6-16 ET. ORD
JUNE 6, 1995
R2
APPROVED AS TO LEGAL
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Item III-M.
ADJOURNMENT
ITEM # 39306
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:10 P.M.
Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 6, 1995