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HomeMy WebLinkAboutJULY 13, 1987 MINUTESCity of Virginia Beach CITY COUNCIL MAYOR ROBERT G. JONES, At Large VICE MAYOR MEYERA E. OBERNDORF, At Large ALBERT W. BALI(O, Lynnhaven Borough JOHN A. BAUM, Blackwater Borough ROBERT E. FENTRESS, Virginia Beach Borough HAROLD HEI~CHOBER, At Large BARBARA M. HENLEY, Pungo Borough REBA S. McCLANAN, Princess Anne B~rough JOHN D. MOSS, Kempsville Borough NANCY K. PARKER, At Large JOHN L. PERRY, Bayside Borough THOMAS H. MUEHLENBECK, City Manager J. DALE BIMSON, City AtWrney RUTH HODGES SMITH, CMC, City Clerk "WORLD'S LARGEST RESORT CITY" VIRGINIA BEACH CITY COUNCIL fl81 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEA CH, VIRGINIA ~$456-90&2 [ 801~ ] 4,~ ?-.$ $05 AGENDA JULY 13' 1987 (liP WORY~qPDP - (k~ferenoe Boc~- 10:00 A.M. A. Southeastern Expressly -Mr. James Skeens Virginia Department of Transportation ITSM II. CITY fXDUNCIL (~BXlERNS - (kmference Rocm- 10:30 A.M. ITeM III. ~AL ~qSION - (k~zference Bocm- 11:00 A.M. A. (~%T,T, TO ORDER- Mayor Robert G. Jones B. IK)LL CAI.I, OF CCL~CIL C. CITY ~' S BRIEFING 1. Capital Improvement Program - (k~m~_il Cl~m~ber - 2:00 P.M. A. I~IVOCATION: Reverend John H. Jordan, Jr. Galilee Episcopal Church B. PI.kW~iE (~ AIX~GIABI/E TO THE FLAG OF THE UNITED STATES OF AMERICA C. Mr.MCTRONIC ROLL C~.;. CF CITY COUNCIL D. ADOPTIC~C~ IT~I~SFORTHEFORMALAG~A 1. P~qALIC HEARING - July 2, 1987 2. I/qFO~ ar~ FO~M~kL SESSI(IqS - July 6, 1987 1. P~ BY (I~ Application of Dar~_en Properties, Inc. for a Change of Zoning fr~n A-2 A~artment District to B-2 Cc~munit¥-Business District 150 feet m~re or less south of Virginia Beach Boulevard, 710 feet east of Groveland NDad, containing 3,484.80 square feet (Lyrnhaven Borough). Rec~-~ation APPRDVAL Application of Susan H. and Ja~es O. Davis for a Cbnditional Use Permit for a single family dwelling in the AG-1 A~ricultural District on LDt 1, Knotts Island (6320 North Knotts Island NDad) containing 6.7 acres (Pungo Borough). Reoc~mendation: APPBOVAL Application of K~mpsville (~urch of (hrist for a Oor~itional Use Pemit for a church addition at the northwest corner of Parliament Drive ar~ Yoder Lane (5424 Parliament Drive), containing 4 acres, (Kempsville Borough). R~m~endation APPBDVAL Application of Cape Henry Hard, are, !~. for a ODr~itional Use Permit for a ~nall engine repair (lawn equipment) on the east side of Great Neck NDad, 700 feet more or less north of Mill Dsm Road (1440 North Great Neck Noad), containing 36, 155 sc~re feet (Lynnhaven Borough). Recu~-,~-~nd ation APP~DVAL Application of Charles J. Cralle for a ODnditional Use Permit for an auto re~air facility (fast lubrication center) on the north side of Baker Noad, 135 feet east of Newtown Noad, containing 17,217 sc~_~re feet (Bayside Borough). Rec~-Lendation APPBOVAL fe Application of U. S. Auto ~se, In~. for a Cbnditional Use Permit for motor vehicle sales on Lots 1 thru 8, 16 thru 25, Block 6, ~nd 1 thru 4, 16 thru 21, Block 5, unnunbered triangular parcel east of Sapo Avenue and vacated portions of Sapo, Pnmbolt ~d Fre~nont Avenues (3909 Virginia Beach Boulevard), containing 2.53 acres (Kempsville Borough). Recu~,~r~ation APPROVAL Application of Firestone Tire and Bubber O~mpany for a Conditional Use Pennit for truck and motor vehicle rentals on the south side of Holland Boad, 75 feet more or less ~st of Nosemont ~Dad, containing 1.051 acres, (Kempsville Borough) Recc~me~ation APPBDVAL fe Application of the City of Virg~-ia Beach to AMEND the Master Street an~ Highway Plan regarding the General Corridor fbncept Plan M~p El~nent and other elements: ~dd Buckner Boulevard frem Ir~e~ Boulevard to Bos~nont NDad as a 4 T~e Divide~ arterial, and frem Bos~nont N~ to Holland Noad as a 4 l~ne Ur~livided with Bikeway major collector. Add Estates ~rive fron D~n Neck Boad Exter~ed to Bridge Boad as a 4 Lane Ur~livided major collector. Add Culver L~ne frc~ Gener~] Booth Boulevard to Estates D~ive as a 4 T~ne U~ ~vided major collector. Bealign Princess Anne B~ad in the area of Seaboard north of Pu~3o. Bealign Princess Ann~ Bo~d in the area south of Pur~3o Ferry Noad. Sections III, IV an~ V of the Principals a~d Policies Ele~t of the Master Street and Highway Plan be ~MENDED: Relationship to Capital Improvement Progran, Effect of Inclusion in the Master Street and Highway Plan, Major Right-of-Way Improv~nt Policy and Section VI be ADDED relative Access. Recutuf~ndation ~ DEFERRED June 15, 1987 N~solution directing the Planning (kmm~ssion to consider to Sections 111 and 233 of the (~O, pertaining to recreational ~3r~s. (DEFERRED May 18, June 1 and 22, 1987 e Resolution authorizing the City Manager to enter into a c0~%tract for an Ind~Hty Type Health Insurance Plan for F~%icipal 3. Resolutions reference Princess Anne Boad/Kempsville Road Intersection, authorizing and directing the City Manager to: a. Delete Project 2-834 frcm the Capital Improvement Progr~n. b. Include Alternatives "A" and "B" of Wiley and Wilson's Report and related projected costs in the Capital Improvement Progr~. 4. Ordinance to AMEND and P~O~ the Cbde of the City of Virginia Beach by ADDING Section 6-31 pertaining to Shazk Fishing. 5. Ordinance to AM~qD and R~OREgJ/q Section 36-57 of the fbde of the City of Virginia Beach pertainin~ to Charter Bus Parking/Stopping. Ordinance transferring $50,000 for Title E~-~nat/ons to determine what ~ Estate Interests, if any, may be necessary in an attempt to have Sandbri~ge Beach declared as a disposal site for the deepening and dredging of the Norfolk Harbor ar~ Channels, as well as the BalSams_re Harbor Project. e Authorization for the City Manager to enter into an agre~nent with Sve~ ~tion to provide cc~struct~ manager engLneer services for 161 Public Works CIP Projects, estimated to cost $2, 973,137. All matters listed ~der the ~onsent A3enda are considered in the ordinary course of business by City Omuncil and will be enacted by motion in the form listed. If an item is r~noved fr~n the Consent A~er~la, it will be discussed and voted upon separately. Ordinance to AMEND and R~O~ Section 2-108 of the Code of the City of Virginia Beach pertaining to proba~ period of empl~nt o Ordinance to AMEND and P~O~ Section 2-213(b) of the Cbde of the City of Virginia Beach pertaining to investigation, settlement and adjustment of claims a~m~n~t the City. 3. Ordinar~e to A~E~D ar~ ~{ Section 33-111 of the Code of the City of Virginia Beach pertaining to street closures. Ordinance upon S~OOND READING to accept ~ ~iate $992,000 to the Water and Sewer Capital Projects ~ to allow for the engineering design of nine (9) neighborhood ~ter projects. 5. Ordinance upon S~DOND READ~ to accept and ap~r~iate $180,000 to Project ~6-945~ T~kspur Sewerl for engineering design. 6. Ordinance to transfer $25, 000 fr~n o~pital Project %3-714 Little Neck Area T.~ary to Project ~3-912 St,~ ~f ~ke Fire Statics. e Ordinance to tranm_fer $23,000 within the FY 1986-87 Opera~ Bud~3et of the Department of Public Works to purchase two pick-up trucks. Be Ordinance granting a franchise to F4~a ~ Oozl0orat~ to operate an Open Air/~ Cafe' and authorizing and directing the City Manager to execute a franchise a~3rcc~ent, subject to the cor~itions contained an~or referenced herein. e Ordinance appointing view,rs in the petition of Pace O0w~truction CcEporation for closure of a portion of Back ~=res Boad (Lynnhaven Borough). 10. Ordinance authorizing ~= reflxXts in the amount of $8~055.76. -15- Item IV-E.1 MINUTES ITEM # 27752 Upon motion by Councilman Moss, seconded by Councilman Balko, City Council APPROVED the MINUTES as CORRECTED;the INFORMAL & FORMAL SESSIONS of July 13, 1987. Item IV-2.a., Page 32, ITEM # 27697 ORDINANCE UPON APPLICATION OF ST. NICHOLAS CATHOLIC CHURCH, FATHER MIKE HANNA, PASTOR, FOR A CONDITONAL USE PERMIT FOR A CHURCH ADDITION R07871062 Thomas Padrick was incorrectly listed as Owner. Same should correctly state: "Thomas Padrick, 8wmer, Attorney, requested a 4- foot reservation rather than dedication be considered as a condition of the Use Permit." Voting: 10-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum August 3, 1987 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 13, 1987 The CAPITAL IMPROVEMENT PROGRAM WORKSHOP of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, July 13, 1987 at 10:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Vice Mayor Meyera E. Oberndorf was ATTENDING the dedication at BAYVILLE FARMS. (BAYVILLE FARMS ICE CREAM) (ENTERED: 11:50 A.M.) - 2 - CIP WORKSHOP SOUTHEASTERN EXPRESSWAY Item # 27665 The City Manager introduced James Skeens, Urban Engineer, Virginia Department of Transportation, who presented information relative the status of the SOUTHEASTERN EXPRESSWAY. As a result of the General Assembly action during the Winter of 1986, at which time funds were generated, Senate Bill 79, the Department of Transportation was able to apply a certain amount of money for the preliminary engineering aspects of the SOUTHEASTERN EXPRESSWAY. Over $3-MILLION has been allocated by the Transportation Board and the Governor toward the SOUTHEASTERN EXPRESSWAY project. Approval for PHASE I of the preliminary design of the facility will be presented to the Commonwealth Transportation Board during the month of August. From this effort, an environmental statement and location of the facility will be perceived by C. E. McGuire. This will entail approximately 18 months; thus, in the winter of 1989, the location of the SOUTHEASTERN EXPRESSWAY should be established. PHASE II will provide the design of the facility and involve approximately three years. The total time frame of PHASE I and PHASE II is estimated at 42 months. As this study is developed, C. E. McGUIRE should be constantly in communication with the Department of Transportation and the City of Virginia Beach; thereby, the City has the latest data available to protect the CORRIDOR. Any rights-of- way that the City acquires in advance of the construction will be compensated through the State's right-of-way division. James Skeens advised the estimated cost of the C. E. McGUIRE Contract. PHASE I - $2.6 MILLION PHASE II -$9.5 MILLION PHASE I will entail environmental concerns. A DRAFT document prepared by C. E. McGUIRE will be available prior to the PUBLIC HEARING. Said document will not be finalized until after all facts have been considered at the PUBLIC HEARING. With the Council's recommendation, the COMMONWEALTH TRANSPORTATION BOARD determines the alignment of the SOUT~ASTERN EXPRESSWAY. Following the PUBLIC HEARING, several alternative alignments might be deemed feasible, City Council's APPROVAL and RECOMMENDATION will be sought and then the COMMONWEALTH TRANSPORTATION BOARD will act on the location of the facility. From this point, the State can proceed with the design of the facility. The land use impacts the location. The City Manager expressed concern relative the TOLL FEASIBILITY STUDY. The TOLL FEASIBILITY STUDY would certainly proceed at the point in time a location is determined which will be in approximately 18 months. The funding is a dilemma involving a $200-MILLION project. Virginia Beach receives Urban Funding of approximately $19-MILLION a year. Mr. Skeens did not believe it feasible to utilize this Funding to build this $200-MILLION project. Mr. Skeens did not believe this could be identified as an Interstate Facility and thus funded from Federal sources. Concerning whether the facility would run east or west of 0ceana, Mr. Skeens advised he tended to agree from an engineering standpoint that the east side would be the better side. The east side runs parallel to a facility the City had requested improvement and could minimize the need to make this improvement as a City Urban project (0ceana Boulevard). The Consultant will review every conceivable option relative the location. If a "loop" is a viable option that will be considered. July 13, 1987 -3- CIP WORKSHOP SOUTHEASTERN EXPRESSWAY ITEM # 27665 Once a location has been established a Toll Feasibility has been determined, the General Assembly would have to address the issue of funding a toll facility and the General Assembly would have to provide funds or allow the COMMONWEALTH TRANSPORTATION BOARD to appropriate funds to purchase the rights-of-way for this facility. This facility is in "limbo" as same is not in the Primary System, Urban System or the Interstate System. VIRGINIA BEACH BOULEVARD, PHASE II ITEM # 27666 The City Manager advised of a possible addition to the City Council's AGENDA relative AUTHORIZING an Agreement with the Virginia Department of Transportation to undertake all necessary title and legal work and appraisal of right-of-way for the improvement of 3.070 miles of Virginia Beach Boulevard within Virginia Beach. July 13, 1987 The COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, July 13, 1987, at 10:45 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Vice Mayor Meyera E. 0berndorf July 13, 1987 -5- CITY COUNCIL CONCERNS ITEM # 27667 Councilwoman Parker referenced the report of the TWENTY-FIFTH ANNIVERSARY CELEBRATION COMMISSION. Mayor Jones advised he would provide City Council with information relative same at the City Council Meeting of August 3, 1987. ITEM # 27668 Councilwoman Parker further advised the Planning Commission would have a new DRAFT of the COMPREHENSIVE ZONING ORDINANCE approximately the last week of July and at this time will SCHEDULE another PUBLIC HEARING. The changes instituted since March Eighteenth will be explained. In late August, a formal Planning Commission vote for APPROVAL will be SCHEDULED accompanied by the last PUBLIC HEARING. In between the aforementioned times, at least one PUBLIC WORKSHOP will be arranged. There will be some changes on the maps. 0-1 might become 0-2 (a new district). Residential and apartment districts will be retitled; i.e, the R-1 will become R-40 to indicate 40,000 square feet, R-30 - 30,000 square feet. ITEM # 27669 Councilman Perry expressed concern relative Councilman Balko's request for citizens taking the Oath prior to speaking before City Council. Councilman Perry requested information concerning the status of this suggestion. ITEM # 27670 Councilman Perry further referenced the Resolution ADOPTED by City Council relative zero lot lines. The City Attorney will advise concerning this situation and whether the City Council would be able to act concerning same as the Planning Commission has not responded. ITEM # 27671 Councilman Perry expressed appreciation to Kathleen Hassen, Administative Assistant to the City Manager, for her expedient and efficient handling of Citizen Complaints. Councilman Perry expressed concern relative a ditch for Diamond Lake Estates which is part of their drainage system. Said ditch needs to be cleaned as same is a breeding ground for mosquitoes. Mrs. Hassen had requested action on several occasions, but same has not been accomplished. The City Manager will advise relative same. ITEM # 27672 Councilman Moss referenced the proposed RESOLUTION for DIRECT ELECTION OF THE SCHOOL BOARD which was distributed in City Council's Agenda Packages on Thursday, July 9, 1987. Assistant City Attorney Gary Fentress has requested this item be placed on an upcoming EXECUTIVE SESSION for discussion. July 13, 1987 -6- ITEM # 27673 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, July 13, 1987, at 10:55 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Vice Mayor Meyera E. Oberndorf -7- CITY MANAGER' S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM RECREATION CENTERS ITEM # 27674 E. Dean Block, Assistant City Manger for Evaluation, distributed information in response to Council's inquiries relative Recreation Centers. (Said information is hereby made a part of the record). With reference to SCHOOL UTILIZATION, the City of Virginia Beach presently uses gyms, cafeterias, or similar facilities, at 49 elementary and secondary schools. The City uses these facilities for approximately 26,000 hours each year. They are used for recreation programs including classes, dance groups and athletics. Both the Kempsville Recreation Center and the Bow Creek Recreation Center are considered to be operating at full capacity. While "Capacity" is difficult to quantify, some indicators are useful: 1. The pool at Bow Creek must be "cycled" to allow those waiting an opportunity to swim. 2. Registrations are not increasing because no space is available to hold additional classes. 3. Over 1,100 persons were turned away from the summer 1986 aquatics program, up from 300 in 1984; over 580 were turned away from the winter/spring (1986) adult classes; over 470 were turned away from the summer 1986 youth classes; over 80 were turned away from the therapeutics programs (these estimates represent only those who actually signed up, but were turned away; actual numbers could be higher). The trend is that most users of the Kempsville Recreation Center come from within a 5-mile radius. Dean Block displayed a Map depicting the 1987 Winter/Spring Class Registration by the utilization of Zip Codes. Based on preliminary data from the Planning Department, a new TRT route to serve either or both the Bayside area and/or the General Booth corridor would cost about $75,000 - $100,000 annually for each route. At the previous workshop three (3) alternatives were presented. All of those ALTERNATIVES involved the provision of full-service district or community facilities in the currently urban and rapidly urbanizing areas of the City. Full-service generally involves the provision of aquatic programs (including therapeutics) as well as the full range of classes, gymnasium meeting/activity space and specialized areas such as crafts, weight/exercise spaces and in the case of the Great Neck design, bowling. A no-pool option was also shown. Dean Block presented alternatives based on limited-service centers. OPTION 4 Limited-Service Recreation Centers Center 1. 4,000 square feet Meeting/ activity/class area Add-on or Stand Alone 2. 15,000 square feet Single gym, plus multi-use space 3. 30,000 feet Double gym full kitchen, multi-use space Annual Cost $ 96,000 $ 411,000 $ 662,000 *Debt service plus Operation Costs Net of revenues (excluding land acquisition costs, if any) Pools Construction Costs 0nly 25 Meter - Indoor $ 3,800,000 25 Meter - Outdoor $ 2,300,000 July 13, 1987 - 8 - CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM RECREATION CENTERS ITEM # 27674 (Continued) Dean Block advised the first choice relative Policy Direction is the issue of full-service vs limited service, which entails primarily a choice relative pools and some specialized space. The second choice would be Large vs Small Centers. If the City Council should choose the limited service option because of strong utilization levels of pools, the City would not be serving some segment of the population. Jack Dowdy, Director of the Kempsville Recreation Center, advised ages 55 and up comprise approximately 15~ of the membership utilizing the Center and the ages 54 down to 18 comprise approximately 60~. The Kempsville Recreation Center is approximately 82,000 square feet. Dean Block distributed a COMMUNITY CENTER POLICY SUMMARY hereby made a part of the record). (Said Summary is Dean Block advised the City had investigated relative a possible location of the Princess Anne Recreation Center in the Dunwoody area along the General Booth Corridor where the City had land; however, there had been no design work, or site selection. As per Councilwoman Henley, it would be more feasible however to move same further south. It would entail approximately 1/3 of a cent for the tax impact relative purchase of land for the Princess Anne Recreation Center. Assuming no changes in the City's growth policy, City Council chose among the following OPTIONS: OPTION 1 (AMENDED) 2 (Two) Centers of Great Neck Design (Bayside - Great Neck) and improvements at Bow Creek with a 55,000 square foot design for a Princess Anne Recreation Center with accessibility to the major population centers and the southern part of the City, as well. (Total 223,000 square feet - Tax Impact 3.3¢) OPTION 2 3 (Three) Phase I Centers of 65,000 Square Feet with pool (Bayside - Great Neck - Princess Anne) and improvements to Bow Creek with option to expand the three centers at a later date. (Total 196,000 square feet - Tax Impact 3.0¢) OPTION 3 3 (Three) Centers of Great Neck Design, full service (Bayside - Great Neck - Princess Anne) and improvements to Bow Creek (Total 252,000 square feet - Tax Impact 3.8¢) Councilman Heischober suggested utilizing Three (3) Centers of Great Neck Design, full service as there would be only 1/2 penny difference from OPTION 1. City Council BY CONSENSUS, preferred OPTION Councilman Fentress requested attention be paid to the DOME as it is a type of Recreation Center for the Virginia Beach Borough. A Council Committee composed of Councilwoman Barbara Henley and Councilwoman Reba McClanan was APPOINTED to co-ordinate with City Staff regarding the site selection of the Princess Anne Recreation Center. The City Staff will provide information to City Council in August to begin to establish the legal process relative REFERENDUM. July 13, 1987 -9- CITY MANAGER'S BRIEFING HURRICANE PROTECTION ITEM # 27675 Carl Thoren, City Engineer, presented the Army Corps of Engineers design of the SEAWALL PROJECT. With the use of a graphic, Carl Thoren advised the Project basically consists of two elements from Rudee Inlet to 59th Street, same has been depicted as a concrete step faced SEAWALL designed for HURRICANE AND STORM PROTECTION. North of 59th Street, the Project merely includes a building up of the existing dunes. The HURRICANE AND STORM PROTECTION is composed of two elements: (1) The concrete structural improvement from Rudee to 59th and (2) Building up of the Existing Dune system from 59th Street north to 89th Street. To comply with the Standard of Protection, it has become necessary to place the top elevation of the concrete SEAWALL at 15.7 feet above mean sea level. This would impair visibility as depicted in the graph presented. At the south end, the line-of-sight is just barely over the top of the seawall. There is a 4'9" difference between the existing boardwalk and the top of the SEAWALL. As you go to the north, this dimension decreases to 4 feet and the line-of-sight becomes better. Specifically around 37th Street, the difference between the top of the boardwalk and the top of the SEAWALL is 2'3". The SEAWALL will also affect the visibility of anyone behind the boardwalk in one of the hotels or the restaurants, the SEAWALL will stand alone and be on piles. There will be a transitional slab between the existing boardwalk and the new SEAWALL. The Corps is attempting to design this SEAWALL as straight as possible. The present overlooks at 13th, 14th and 20th Street and all access ramps conflict with this design. There are other architectural improvements presently under design by the RESORT AREA ADVISORY COMMISSION which were designed as though the SEAWALL would never be built and to take advantage of the view. The City needs to decide whether they will accept the design by the Army Corps of Engineers. A minimum of three handicapped ramps has been requested in the design. This SEAWALL would provide against a 54-YEAR STORM (a storm with a 2~ chance of occurring in any one year but a 100~ chance of occurring every 54 years). To possibly alleviate this elevation, the City has requested the Corps to investigate the possibility of building the beach up with additional sand fill. The present design does not call for an increase in the beach elevation. The City is investigating a possible design encompassing adding four to five feet thickness of sand; thereby, perhaps getting the design of the top of the wall lowered somewhat. As this will most certainly be a controversial matter, Carl Thoren displayed a rough sketch depicting how the beach profile would be changed. Additional sand was represented by a shaded area. Approximately 150 feet in beach width would be gained. The primary advantage would be to pull the top elevation of the SEAWALL down. The primary disadvantage would mean a redesign of the interior STORM DRAINAGE SYSTEM. A BRIEFING has been SCHEDULED regarding the SEAWALL with the RAAC and the Hotel-Motel Association on July 23, 1987. Carl Thoren reiterated the SCHEDULE: The Army Corps of Engineers Present Construction Schedule is to commence September 1989 encompassing a three-year construction period. The City must APPROVE Concept for Final Design by December, 1987. The date for the City to sign the Local Co- operation Agreement on February 1, 1989, to pay the City's share of the estimated $40-MILLION construction costs of which the aforementioned share is $14-MILLION. (These are October 1987 Cost Estimates). At this same time, the City has to place funds in an escrow account. July 13, 1987 -10- CITY MANAGER' S BRIEFING HURRICANE PROTECTION ITEM # 27675 (Continued) At the end of September, the Army of Corps will have expended approximately $2-MILLION in preliminary design fees and will be expected to be reimbursed 35~ of same. On several occasions, the City has provided the Corps of Engineers with "letters of intent" to participate in this project. The City is attempting to persuade the Corps of Engineers to devise a favorable project for SANDBRIDGE BEACH. The latest Analysis showed the Benefit Cost ratio did not qualify SANDBRIDGE for a Federal Project. The City has provided the Corps with new information to attempt to persuade them to reverse their position. The Corps has estimated approximately $29-MILLION for a beach fill, of which the City's share would be $10- to $11-MILLION. Certain property and real estate issues would have to be resolved. E. Dean Block, Assistant City Manager for Analysis and Evaluation, outlined the funding statistics relative the SEAWALL PROJECT: 1. City Cost - present estimate - $14. 1 MILLION 2. NOT in existing CIP 3. Funding * Depends on future Congressional action * City Share - Current policy: REFERENDUM 4. Direction needed: A. Include in upcoming CIP? B. Await go-no go design review? B. Provide feed-back on project as presently being designed. By March 1988, the City must provide the Corps of Engineers with a Statement of Financial Capability which states how the City will obtain the funds. E. Dean Block advised the first choice for City Council is the suitability of the project. Vice Mayor Oberndorf requested the City Council be advised of the financial implications if a devastating storm did occur. Councilwoman McClanan requested information be provided of other areas where similar SEAWALLS have been built. Mayor Jones also requested statistics relative the SEAWALL whether same had to be solid or gaps could be provided and still effectively dissipate the energy of the wave action. E. Dean Block advised additional information will be provided from the RESORT AREA ADVISORY COMMISSION and the ocean front residents. The project will not be included at this time in the CAPITAL IMPROVEMENT PROGRAM pending a decision by City Council as to their optons. July 13, 1987 -11 - CITY MANAGER'S BRIEFING PRINCESS ANNE ROAD/KEMPSVILLE ROAD INTERSECTION PROJECT (CIP 2-834) ITEM # 27676 The City Manager again referenced the Four Alternatives for Consideration relative the PRINCESS ANNE ROAD/~EMPSVILLE ROAD INTERSECTION PROJECT (CIP 2- 834) which are SCHEDULED for a vote during the FORMAL SESSION: ALTERNATE A: Widen all four approaches to the intersection to five lanes, providing two left turn storage lanes, two through movement lanes and one right turn lane. Cost: $4,900,000 ALTERNATE B: Construct an urban interchange with the heavy Princess Anne Road traffic passing over the intersection uninterrupted, and left turn and through movements accommodated beneath the overpass. Cost: $10,410,000 ALTERNATE C: Construct a partial cloverleaf interchange with Princess Anne Road traffic passing over the intersection and the heavy left turn volumes accommodated with loop ramps. Cost: $12,440,000 DO NOTHING ALTERNATIVE: Leave the intersection as it is today. Cost: $0 Councilman Moss distributed a copy of his PROPOSED RESOLUTION (Copy of same is hereby made a part of the record): Transfer the Unobligated appropriated balance of CIP Project 2-834 entitled "Princess Anne Road/Kempsville Road Intersection" to CIP Project 2-065, a newly advanced acquisition fund earmarked for Indian River Road. July 13, 1987 -12- CITY MANAGER' S BRIEFINGS POLICY REGARDING ACQUISITION ITEM # 27677 The City Manager related two concerns relative ACQUISITION. Opportunities are available from time to time on road right-of-way or advance acquisition and the Staff must determine the status of many of projects where funds may be borrowed for a portion of time. A second major area is advance acquisition of park areas and establishing a block of funds that could be made available at appropriate times for the purchase of park areas and open space. The City staff was requesting an inter-change of ideas from City Council. There has been some discussion concerning expansion of the existing program relative ACQUISITION. Approximately $250,000 is available for acquisition of park areas and areas already developed over a lO-year period which would entail approximately $2-1/2 MILLION. Councilman Moss suggested the City might desire programming 1~ of the estimated revenues of the Operating Budget to be set aside for land ACQUISITION opportunities, and these might be carried over into the next year should the funds not be utilized in one particular year. Councilman Fentress advised the City needs to be able to take advantage of being ahead of the private sector, thus saving quite a bit of money. July 13, 1987 -13- CONCERNS OF THE VICE MAYOR ITEM # 27678 Vice Mayor 0berndorf advised she had brought ice cream in styrofoam containers. BAYVILLE FARMS ICE CREAM, which was introduced at the dedication attended this morning, graciously sent samples to City Council. As there is no butterfat, it tastes like homemade ice cream. July 13, 1987 -14- ITEM # 27679 Mayor Robert G. Jones entertained a motion to permit City Council to conduct its ~.~.CUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Specific items of business on the City Council Agenda that were discussed in Executive Session: IV-2.e. Upon motion by Councilman Moss, seconded by Councilman Perry, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 -15- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 13, 1987 2:30 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, July 13, 1987 at 2:30 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Revered John H. Jordan, Jr. Galilee Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA July 13, 1987 -16- APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item IV.D.1. ITEM # 27680 Councilwoman McClanan referenced an Ordinance upon application of Firestone Tire and Rubber Company for a Conditional Use Permit for truck and motor vehicle rentals on the south side of Holland Road, 75 feet more or less west of Rosemont Road, containing 1.051 acres, (Kempsville Borough) (See Item IV-F.I.g. of the PLANNING BY CONSENT AGENDA.) This item will be pulled for a separate discussion. Councilwoman McClanan also referenced an Ordinance upon application of City of Virginia Beach for a Change of Zoning to establish a Historic and Cultural District at the southeastern terminus of Pembroke Boulevard, containing 3.9 acres (Bayside Borough). (See Item IV-F.I.i of the PLANNING BY CONSENT AGENDA). Councilwoman McClanan advised this Ordinance only established a Historical and Cultural District, it does not ask that any changes within it be reviewed by the Historical Review Board. Councilwoman McClanan inquired as to whether this was the intent. Robert Scott, Director of Planning, advised any activity would require the review of the Historical Review Board Item IV-D.2 ITEM # 27681 Councilwoman Balko referenced an Ordinance upon application of Charles J. Cralle for a Conditional Use Permit for an auto repair facility (fast lubrication center) on the north side of Baker Road, 135 feet east of Newtown Road, containing 17,217 square feet (Bayside Borough). (See Item IV-F.I.e of the PLANNING BY CONSENT AGENDA.) This item will be pulled for a separate vote. Item IV-D.3. ITEM # 27682 Councilman Moss referenced an Ordinance upon application of U. S. Auto Showcase, Inc. for a Conditional Use Permit for motor vehicle sales on Lots 1 thru 8, 16 thru 25, Block 6, and 1 thru 4, 16 thru 21, Block 5, unnumbered triangular parcel east of Sapo Avenue and vacated portions of Sapo, Humbolt and Freemont Avenues (3909 Virginia Beach Boulevard), containing 2.53 acres (Kempsville Borough). (See Item IV-F.I.f. of the PLANNING BY CONSENT AGENDA). This item will be pulled for a separate vote. Item IV-D.4. ITEM # 27683 Councilwoman Henley requested an ADD-ON RESOLUTION to be placed as the first Resolution under IV-G. RESOLUTIONS/ORDINANCES. Item IV-D.5. ITEM # 27684 Councilman Moss requested an ITEM be added on under NEW BUSINESS. July 13, 1987 -17- Item IV-E.1 MINUTES ITEM # 27685 Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council APPROVED the MINUTES of the PUBLIC HEARING of July 2, 1987, and the INFORMAL & FORMAL SESSIONS of July 6, 1987. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 -18- Item IV.E.3. PRESENTATION ITEM # 27686 ADD-ON Mayor Robert Jones presented a RESOLUTION OF APPRECIATION to: WILLIAM J. CASHMAN, JR. Transportation Planner This Resolution recognized William J. Cashman for his devoted public service to the citizens of Virginia Beach. William J. Cashman, Jr., has been the City Transportation Planner since January 31, 1983, during a period in which rapid growth has placed increasing demands on the City's highway network. Mr. Cashman will be leaving the City's employment on July 17, 1987, in order to pursue opportunities in the private sector. July 13, 1987 I%em IV-F.1/2. -19- PUBLIC HEARING PLANNING ITEM # 27687 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT a. DARDEN PROPERTIES, INC. b. SUSAN H. AND JAMES O. DAVIS c. K]~[PSVILLE CHURCH OF CHRIST d. CAPE HENRY HARDWARE, INC. e. CHARLES J. CRALLE f. U. S. AUTO SHOWCASE, INC. g. FIRESTONE TIRE AND RUBBER COMPANY h. AMOCO OIL COMPANY i. CITY OF VIRGINIA BEACH CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CHANGE OF ZONING PLANNING ITEMS a. ST. NICHOLAS CATHOLIC CHURCH CONDITIONAL USE PERMIT b. ROBERT S. AND JUNE M. LINDSLEY CONDITIONAL USE PERMIT c. METROVEST, INC. CHANGES OF ZONING d. BOOTH HILL ASSOCIATES CONDITIONAL USE PERMIT e. DOVE CONSTRUCTION CORPORATION CHANGES OF ZONING f. CITY OF VIRGINIA BEACH AMENDMENT to the MASTER STREET AND HIGHWAY PLAN July 13, 1987 - 20 - Item IV-F.1 PUBLIC HEARING PLANNING BY CONSENT ITEM # 27688 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council APPROVED in ONE MOTION Items IV-F.I.a, IV-F.I.b, IV-F.I.c, IV-F.I.d. and IV- F.l.h and IV-F.I.i of the PLANNING BY CONSENT AGENDA. Items IV-F.I.e, IV-F.I.f and IV-F.I.g were pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 21 - Item IV-F.I.a PUBLIC HEARING PLANNING BY CONSENT ITEM # 27689 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of DARDEN PROPERTIES, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF DARDEN PROPERTIES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-2 TO B-2 Z07871164 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Darden Properties, Inc. for a Change of Zoning District Classification from A-2 Apartment District to B-2 Community Business District on certain property located 150 feet more or less south of Virginia Beach Boulevard, 710 feet east of Groveland Road. Said parcel contains 3,484.80 square feet. Plats with more detailed information are available in the Deparmtent of Planning. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Thirteenth day of July~ Nineteenth Hundred and Eighty-seven. Virginia, on the Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 22 - Item IV-F.I.b PUBLIC HEARING PLANNING BY CONSENT ITEM # 27690 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of SUSAN H. & JAMES O. DAVIS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SUSAN H. & JAMES 0. DAVIS FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING R07871055 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Susan H. & James 0. Davis for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on Lot 1, Knotts Island. Said parcel is located at 6320 N. Knotts Island Road and contains 6.7 acres. PUNGO BOROUGH. The following conditions shall be required: 1. The applicant must provide assurance to the Department of Permits and Inspections indicating that legal access to the site thru the existing 18-foot ingress/egress easement was obtained. This verification will be required prior to the issuance of a building permit. 2. The existing house trailer must be removed prior to occupancy of the new dwelling. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Thirteenth day of July~ Nineteenth Hundred and Eighty-seven. Virginia, on the July 13. 1987 - 23 - Item IV-F.I.b. PUBLIC HEARING PLANNING BY CONSENT ITEM # 27690 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 APPLICANT: APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: Susan H. and James O. Davis Oor~itional Use Permit Single family dwelling July 13, 1987 THE UNDERSIGNED CWNER OR LEGAL REPRESENTATIVE FOR THE ONlXTER, (or Agent for the Ogner), HAS REVISBIED THE CONDITIONS FOR APPROVAL (REQUIRIM~XYfS) RI~C~4ENDED BY THE VIRGINIA BF~£H PLANNING COYMISSION TO ~HE VIRGINIA BEACH CIl~f COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERREhI2ED APPLICATION FOR AMENEMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGPRF$ TO: The applicant must provide assurance to the Department of Permits and Inspections ir~icating that legal access to the site thru the existing eighteen foot (18') ingress/egress easement was obtained. This verification will be required prior to the issuance of a building penmit. 2. %he existing house trailer must be removed prior to occupancy of the new dwelling. //O~Iler / At tJorney/7~3 ent - 24 - Item IV-F.I.c. PUBLIC HEARING PLANNING ITEM # 27691 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of KEMPSVILLE CHURCH OF CHRIST for a Conditonal Use Permit: ORDINANCE UPON APPLICATION OF KEMPSVILLE CHURCH OF CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R07871056 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VRIGINIA Ordinance upon application of Kempsville Church of Christ for a Conditional Use Permit for a church addition at the northwest corner of Parliament Drive and Yoder Lane. Said parcel is located at 5424 Parliament Drive and contains 4 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following condition shall be required: 1. A 5-foot right-of-way dedication is required along Parliament Drive to provide for an ultimate 60-foot minimum collector right-of-way. The O~ER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Thirteenth day of July~ Nineteenth Hundred and Eighty-seven. Virginia, on the Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13. 1987 APPLICANT: APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: Kempsville (hurch of Christ OD~itional Use Permit Church addition July 13, 1987 THE UNDERSIGNED f~IqER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or ~gent for the O~ner), HAS REVI~NED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) R~CCM~ENDED BY THE VIRGINIA BEACH PLANNI~ CC~MISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMEN[MENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY AOCEPTS AND AGREES TO: A five foot (5') right-of-way dedication is required along Parlial~nt Drive to provide for an ultimate sixty foot (60') minim~n collector right-of-way. O~ner/Attorney/~gent - 25 - Item IV-F.1 .d. PUBLIC HEARING PLANNING BY CONSENT ITEM # 27692 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of CAPE HENRY HARDWARE, Inc., for a Conditional Use Permit: ORIDNANCE UPON APPLICATION OF CAPE HENRY HARDWARE, INC. FOR A CONDITIONAL USE PERMIT FOR SMALL ENGINE REPAIR R07871057 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cape Henry Hardware, Inc., for a Conditional Use Permit for small engine repair (lawn equipment) on certain property located on the east side of Great Neck Road, 700 feet more or less north of Mill Dam Road. Said parcel is located at 1440 North Great Neck Road and contains 36,155 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Ail repair work must take place within the fenced enclosure. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, Thirteenth day of July~ Nineteenth Hundred and Eighty-seven. on the Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 APPLICANT: APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: Cape Henry Hardware, Inc. Oonditional Use Permit S~%all engine repair (lawn equipnent) July 13, 1987 THE USIDERSIGNED CWNER OR LEGAL REPRESENTATIVE FOR THE (or A~ent for the Owner), HAS REVI~ED R/4E CONDITIOI~S FOR APPROVAL (REQUIRSMENTS) RtI2~ED BY THE VIRGINIA BEACH PLANNING CO~4ISSION TO THE VIRGINIA BEACH CITY COUNC~ FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE PdEFERREbEED APPLICATION FOR AMENEMENT TO 'THE ZONING MAP OF RtqE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY AOCEPTS AND AGREES TO: 1. All repair %ork must take place within the fenced enclosure. Owner/Attorney/~ent - 26 - Item IV-F.I.e. PUBLIC HEARING PLANNING ITEM # 27693 John Keffer, owner of the property, in response to Councilman Balko's request advised grease traps and oil separators were on all the drains. As per Councilman Moss's inquiry, John Keffer stated he would not be using the driveway created on the back corner of the property by Cellular Telephone. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of CHARLES J. CRALLE for a Condtional Use Permit: ORDINANCE UPON APPLICATION OF CHARLES J. CRALLE FOR A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR FACILITY (FAST LUBRICATION CENTER) R07871058 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Charles J. Cralle for a Conditional Use Permit for an auto repair facility (fast lubrication center) on the north side of Baker Road, 135 feet east of Newtown Road. Said parcel contains 17,217 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. No entrances shall be permitted on Newtown Road for this use. 2. A four-foot right-of-way dedication is required along Baker Road to provde for an ultimate four- lane divided highway with a bikeway as per the Master Street and Highway Plan. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of July~ Nineteenth Hundred and Eighty-seven. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 APPLIC~%~: APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: Charles J. Cralle ~op~itional Use Permit Auto repair facility (fast lubrication cener ) July 13, 1987 THE UNDERSIGNED ON/qER OR LEGAL REPRESENTATIVE FOR THE OaRgER, (or A~ent for the Owner), HAS REVI~ THE CONDITIONS FOR APPROVAL (R~QUI~) RI~CMMENDED BY THE VIRGINIA BEACH PLANNING CCMMISSION TO ~HE VIRGINIA BE~H CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS E~TE AS ~ APPLY TO THE ~ED APPLICATION FOR AMENEMENT TO THE ZONING MAP OF THE CITY CF VIRGINIA BEACH, VIRGINIA, AND ~Y ACCEPTS AND AGREES TO: No entr~ces shall be permitted on Newto~n Boad for this use. A four foot (4') right-of-way dedication is required along Baker Noad to provide for an ultimate four lane divided highly with a bike~y as per the Master Street and Itighway Plan. Own_.O~n___er / At torney/~ ent - 27 - Item IV-F.I.f. PUBLIC HEARING PLANNING ITEM # 27694 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, applicant represented the Upon motion by Councilman Moss, seconded by Councilman Fentress, ADOPTED an Ordinance upon application of U. S. AUTO SHOWCASE, Conditional Use Permit: City Council INC. for a ORDINANCE UPON APPLICATION OF U. S. AUTO SHOWCASE, INC. FOR A CONDITONAL USE PERMIT FOR MOTOR VEHICLE SALES R07871059 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of U. S. Auto Showcase, Inc. for a Conditional Use Permit for motor vehicle sales on Lots 1 thru 8, 16 thru 25, Block 6, 1 thru 4, 16 thru 21, Block 5, numbered triangular parcel east of Sapo Avenue and vacated portions of Sapo Avenue, Humbolt Avenue and Freemont Avenue. Said parcels are located at 3909 Virginia Beach Boulevard and contains 2.53 acres. KEMSPVILLE BOROUGH. The following conditions shall be required: 1. Establish landscaping adjacent to Virginia Beach Boulevard between 5 and 10 feet in width at the judgement of the City Staff. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Thirteenth day of July~ Nineteenth Hundred and Eighty-seven. Virginia, on the Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 28 - Item IV-F.I.g. PUBLIC HEARING PLANNING ITEM # 27694 David Stories, represented the applicant Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of FIRESTONE TIRE & RUBBER COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FIRESTONE TIRE & RUBBER COMPANY FOR A CONDITIONAL USE PERMIT FOR TRUCK AND MOTOR VEHICLE RENTAL R07871060 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Firestone Tire & Rubber Company for a Conditional Use Permit for truck and motor vehicle rentals on certain property located on the south side of Holland Road, 75 feet more or less west of Rosemont Road. Said parcel contains 1.051 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. A 12-foot right-of-way dedication is required along the frontage on Holland Road to provide for a ultimate 6-lane divided highway in accordance with the Master Street and Highway Plan. 2. Trees shall be planted on the Rosemont Road side of the property where the rental trucks will be parked. 3. The number of rental trucks (van-type single-body construction) parked on the property at any one time shall be limtied to four (4) and their parking spaces shall be located on the eastern side, as per the submitted site plan, to lessen the visual impact on Holland Road. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, Thirteenth day of July~ Nineteenth Hundred and Eighty-seven. on the July 13, 1987 - 29 - Item IV-F.I.g PUBLIC HEARING ITEM # 27694 (Continued) PLANNING Voting: Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 30 - Item IV-F.I.h. PUBLIC HEARING PLANNING BY CONSENT ITEM # 27695 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of AMOCO OIL COMPANY for a Conditonal Use Permit: ORDINANCE UPON APPLICATION OF AMOCO OIL COMPANY FOR A CONDITIONAL USE PERMIT FOR A CAR WASH R07871061 BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Amoco Oil Company for a Conditional Use Permit for a car wash on certain property located on the east side of General Booth Boulevard beginning at a point 600 feet more or less south of 01d Dam Neck Road. Said parcel contains 27,443 square feet. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: Ail applicable conditions of the previous use permit on this site for a service station granted by City Council on May 20, 1985, shall apply. 2. The utilization of best management practices for controlling storm water runoff which are reasonably applicable with the development of this site and in keeping with recommendations for the proposed Back Bay/North Landing River Mangement District. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Thirteenth day of July~ Nineteenth Hundred and Eighty-seven. Virginia, on the Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 STAT]~ENT OF ~ APPLICANT: APPLICATION: DESS RI PTION: AmooD Oil Conpany ODnditional Use Permit Car wash CITY COUNCIL SESSION: July 13, 1987 THE UNDERSIGNED ONNER OR LEGAL REPRESEb~ATIVE FOR THE OWNER, (or ~ent for the Owner), HAS REVISk~]D THE CONDITIONS FOR APPROVAL (REQUI~) RH2QM~ENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO ~HE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AM~A~MENT TO THE ZONING MAP OF ~HE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY AOCEPTS AND AGREES TO: Ail applicable conditions of the previous use permit on this site for a service station granted by City Council on May 20, 1985, shall apply. e ~ne utilization of best manag~nent practices for controlling storm water runoff which are reasonably applicable to the develoI~nent of this site and in keeping with reccn~nendations for the proposed Back Bay/North Lan~ing River Management District. Owner / Attorney/A~3 ent - 31 - Item IV-F.I.i. PUBLIC HEARING PLANNING ITEM # 27696 In response to Councilwoman McClanan's request, Robert Scott, Director of Planning, advised as a result of this Ordinance, any activity which would require a building permit, or amenities, i.e., landscaping, walkways, benches, would be subject to the review of the Historical Review Board. Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of the City of Virginia Beach for a Change of Zoning to Establish a Historic and Cultural District: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING TO ESTABLISH A HISTORIC AND CULTURAL DISTRICT Z07871165 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance by Resolution of the Council of the City of Virginia Beach to establish an Historic and Cultural District on certain property located at the southeastern terminus of Pembroke Boulevard. Said parcel contains 3.9 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Thirteenth day of July~ Nineteenth Hundred and Eighty-seven. Virginia, on the Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 32 - Item IV-2.a. PUBLIC N~.~RING PLANNING ITEM # 27697 Thomas Padrick, Owner, requested a 4-foot reservation rather than dedication be considered as a condition of the Use Permit. Upon motion by Councilman Balko, seconded by Vice Mayor 0berndorf, City Council ADOPTED an Ordinance upon application of ST. NICHOLAS CATHOLIC CHURCH, FATHER MIKE HANNA, PASTOR, for a Conditonal Use Permit: ORDINANCE UPON APPLICATION OF ST. NICHOLAS CATHOLIC CHURCH, FATHER MIKE HANNA, PASTOR, FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R07871062 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of St. Nicholas Catholic Church, Father Mike Hanna, Pastor, for a Conditional Use Permit for a church addition at the northeast corner of North Lynnhaven Road and Little Neck Road. Said parcel is lcoated at 644 North Lynnhaven Road and contains 12.001 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. A 4-foot right-of-way dedication is required on North Lynnhaven Road to provide for an ultimate four-lane undivided highway with bikeway per the Master Street and Highway Plan. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, Thirteenth day of July~ Nineteenth Hundred and Eighty-seven. on the Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 33 - Item IV-2.b. PUBLIC HEARING PLANNING ITEM # 27698 Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100, represented the applicant and distibuted a booklet containing a site plan, letters of recommendation and letters in support of the proposed application. Tom Akers, 1608 Ohio Avenue, an adjacent resident, spoke in favor of the application The City Clerk referenced a letter from Captain J. E. Allen, U.S. Navy, advising this parcel lies in the Naval Air Station Oceana Air Installation Compatible Use Zones (AICUZ) High Noise Zone Three almost directly under the landing pattern from Runway 23. (Said letter is hereby made a part of the record). Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon applciation of ROBERT S. AND JUNE M. LINDSLEY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROBERT S. & JUNE M. LINDSLEY FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER R07871063 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Robert S. & June M. Lindsley for a Conditional Use Permit for a day care center on the northwest corner of Michigan Avenue and Louisa Avenue. Said parcel is located at 1640 Michigan Avenue and contains 10,000 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The number of children attending the center at any time shall be limited to 30. If the facility is approved for fewer than 30 children by the Department of Social Services/Tidewater Regional Office for Day Care Center, then this more restrictive number shall apply. 2. A security fence enclosing the play areas as shown on the site plan is required. 3. The applicant has voluntarily agreed to furnish a statement to parents who utilize the facility that the parcel is located within AICUZ High Noise Zone Three. July 13, 1987 - 34 - Item IV-F.2.b. PUBLIC HEARING PLANNING ITEM # 27698 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Thirteenth day of July~ Nineteenth Hundred and Eighty-seven. Virginia, on the Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Harold Heischober* Council Members Absent: None *Verbal Vote Councilman Heischober VERBALLY ABSTAINED as Edwin Lindsley contributed to his political campaign. July 13, 1987 - 35 - Item IV-F.2. c. PUBLIC HEARING PLANNING ITEM # 27699 Roger L. Pope, Lots 1-7 Alabama Avenue, represented the applicant, and requested this application be REFERRED BACK TO THE PLANNING COMMISSION for consideration of 0-1 Zoning in lieu of B-1 Zoning. Upon motion by Councilwoman McClanan, seconded by Counciman Balko, City Council REFERRED BACK TO THE PLANNING COMMISSION for consideration of 0-1 Zoning an Ordinance upon application of METROVEST, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF METROVEST, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO B-2 Ordinance upon application of Metrovest, Inc., for a Change of Zoning District Classification from A-1 Apartment District to B-1 Business-Residential District at the southeast corner of Rosemont Road and Alabama Road on Lots 1-7, Block 6, Pecan Gardens. Said parcel contains 15,246 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henle~ Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 36 - Item IV-F.2.d. PUBLIC HEARING PLANNING ITEM # 27700 Michael H. Resh, 219 53rd Street, represented the applicant, and advised a berm has been constructed along the rear of the property and will be landscaped upon the completion of the development. A fence enclosing the buildings and buffering the residential area is a part of the applicant's construction plans and will be finished upon completion of the development. OPPOSITION: Betty Barbey, 1329 Chickadee Lane, Phone: 425-7537, an adjacent resident spoke in behalf of other adjacent residents, and distributed photographs depicting violation of the Use Permit. The land has been cleared and trees and root balls have been pushed into the ditches creating a health problem. The applicant is crossing private land with his trucks and his berm. The berm is crossing City easement property. Betty Barbey expressed concern relative a possible run-off. Lou Pace, Hunts Neck Court, Phone: 468-0925, requested DENIAL of the application Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City Council DENIED an Ordinance upon application of BOOTH HILL ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BOOTH HILL ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE Ordinance upon application of Booth Hill Associates for a Conditional Use Permit for a bulk storage yard on certain property located on the west side of General Booth Boulevard, 1000 feet more or less north of Dam Neck Neck Road. Said parcel contains 8 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry* Council Members Voting Nay: None Council Members Absent: None Councilman Baum requested the City Staff address concerns relative BOOTH HILL ASSOCIATES and their violation of the Conditional Use Permit. *Verbal Aye July 13, 1987 - 37 - Item IV-F.2.e. PUBLIC HEARING PLANNING ITEM # 27701 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant, and the staff is recommending only approximatlely 100 acres of Mr. Beasley's property be rezoned. Dove Cosntruction has a contract to purchase the entire 200 acre tract and is requesting the entire 200 acre parcel be rezoned. E. T. Caton, P.O. Box 42, Phone: 428-4681, represented the landowner, and requested at least a portion of the acreage be rezoned that the City did not wish to use for drainage of Redwing Lake, approximately 100 acres, and said property be purchased from Mr. Beasley. OPPOSITION: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, expressed concern relative the water situation, the road system and adhereing to the Comprehensive Plan and the WETLANDS. Jimmie Carraway, 3018 Lorraine Avenue, Phone: 627-4472, represented the Back Bay Restoration Foundation, requested DEFERRAL until the Back Bay Management and Storm Management Plan has been ADOPTED or REJECTED. Upon motion by Councilwoman McClanan, seconded by Councliman Baum, City Council ADOPTED AND DEFERRED until the City Council Meeting of August 10, 1987, Ordinances upon application of DOVE CONSTRUCTION CORPORATION for Changes of Zoning: (ONLY THOSE AREAS LOCATED ABOVE THE 5-FOOT CONTOUR LINE SHALL BE REZONED - THE AREAS BELOW THE the 5-FOOT CONTOUR SHALL BE DEFERRED) ORDINANCE UPON APPLICATION OF DOVE CONSTRUCTION CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION AG-1 TO R 6 R-5 (AS MODIFIED) Z07871166 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dove Construction Corporation for a Change of Zoning District Classification AG-1 Agricultural District to ~ R-5 (AS MODIFIED) Residential District on certain property located 600 feet north of Dam Neck Road beginning at a point 3050 feet more or less east of General Booth Boulevard. Said parcel contains 129.79 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF DOVE CONSTRUCTION CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO 'R-6 R-5 (AS MODIFIED) Z07871167 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dove Construction Corporation for a Change of Zoning District Classification from AG-2 Agricultural District to R-6 R-5 (AS MODIFIED) Residential District on certain proeprty located on the north side of Dam Neck Road beginning at a point 3170 feet more or less east of General Booth Boulevard. Said parcel contains 66.8 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. July 13, 1987 - 38 - Item IV-F.2.e. PUBLIC HEARING PLANNING ITEM # 27701 (Continued) The following conditions shall be required: 1. Rezone only those areas located above the 5-foot contour to R-5 Residential District. 2. Recordation of revised deed restrictions limiting density of 3 units per acre for that portion of the site rezoned and utilization of Best Management Practices for controlling storm water runoff which are reasonably applicable to the development of this site and in keeping with recommendations for the proposed Back Bay/North Landing River Management District. 3. A variable width dedication approximately 9 feet wide is required on Dam Neck Road, 49 feet from the centerline of the ultimate right-of-way to provide for a four-lane divided highway with bikeway. The alignment must be in accordance with the plans on file in the City Public Works Engineering Office. 4. Further conditions may be required during the administation of applicable City ordinances. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, Thirteenth day of July~ Nineteenth Hundred and Eighty-seven. on the Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Councilman Baum requested definitions relative WETLANDS be provided by Mr. Cullipher's office and a WORKSHOP be scheduled for review. Councilman Baum did not believe the City had the right to deny the use of the land between the five and four-foot contour. Councilman Baum suggested 3-1/2 units to the acre on the land above the 5-foot contour and 2-1/2 to the acre below five and above four. Councilman Baum wished same be reviewed with the Staff and the applicant. Vice Mayor Oberndorf also requested a Briefing relative the City's responsibility not only concerning protection of the Homeowner against flooding but also the students when School walking zones are flooded. Where does the City's right to protect the health, safety and welfare of the general citizenry end and the Supreme Court make this decision, if the City is not allowed to make decisions protecting the drainageways. July 13, 1987 Item IV-F.2.f. PUBLIC HEARING PLANNING - 39 - ITEM # 27702 Steven Davidson, 686 Princess Anne Road, Phone: 721-5520, spoke in OPPOSITION to the Amendment to Realign Princess Anne Road in the area south of Pungo Ferry Road as same will go through the middle of his house and totally destroy his farm. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the Estates Drive and Culver Lake alignment. Upon motion by Councilman Heischober, seocnded by Councilman Fentress, City Council ADOPTED: Ordinance upon application of the City of Virginia Beach to AMEND the Master Street and Highway Plan regarding the General Corridor Concept Plan Map Element and other elements: Add Buckner Boulevard from Independence Boulevard to Rosemont Road as a 4 Lane Divided arterial, and from Rosemont Road to Holland Road as a 4 Lane Undivided with Bikeway major collector. Add Estates Drive from Dam Neck Road Extended to London Bridge Road as a 4 Lane Undivided major collector. Add Culver Lane from General Booth Boulevard to Estates Drive as a 4 Lane Undivided major collector. Realign Princess Anne Road in the area of Seaboard Road north of Pungo. Realign Princess Anne Road in the area south of Pungo Ferry Road. Sections III, IV and V of the Principals and Policies Element of the Master Street and Highway Plan be AMENDED: Relationship to Capital Improvement Program, Effect of Inclusion in the Master Street and Highway Plan, Major Right-of-Way Improvement Policy and Section VI be ADDED relative Access. Voting: 10-1 Council Members Voting Aye: Albert W. Ba!ko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council Members Absent: None The City Staff as per request of Councilwoman McClanan will investigate Culver Lane for a possible bikeway. - 39a - AN ORDINANCE TO AMEND THE MASTER STREET AND HIGHWAY PLAN DATED DECEMBER 16, 1974 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the General Corridor Concept Plan Map Element of the Master Street And Highway Plan shall be amended as follows: e Add Euclid Road from Cleveland Street to Independence Boulevard as a 4 Lane Undivided major collector (See Attachment ~1). Add Dorsett Avenue from Cleveland Street to Virginia Beach Boulevard as a 4 Lane Undivided major collector (See Attachment #1). Change Indian River Road from Ferrell Parkway to Indian Lakes Boulevard from a 4 Lane Divided with Bikeway major arterial to a 4 Lane Undivided major collector (See Attachment #1). e Add the Hilltop Loop as a 4 Lane Undivided major collector as follows (See Attachment ~2): A. Village Drive from Laskin Road to Donna Boulevard. Be Donna Boulevard from First Colonial Road to Laskin Road. Hilltop Loop (currently Bonney Palace) from Laskin Road to First Colonial Road. Add 19th Street from Birdneck Road to Baltic Avenue as a 4 Lane Undivided major collector (See Attachment ~2). - Add Buckner Boulevard from Independence Boulevard to Rosemont Road as a 4 Lane Divided arterial, and from Rosemont Road to Holland Road as a 4 Lane Undivided with Bikeway major collector (See Attachment #3). Add Estates Drive from Dam Neck Road Extended to London Bridge Road as a 4 Lane Undivided major collector (See Attachment ~4). Be Add Culver Lane from General Booth Boulevard to Estates Drive as a 4 Lane Undivided major collector (See Attachment ~4). 22. Realign Princess Anne Road in the area of Seaboard Road north of Pungo {See Attachment #8). 23. Realign Princess Anne Road in the area south of Pungo Ferry Road {See Attachment #9). 24. BE IT FURTHER ORDAINED: That Sections III, IV and V of the Principles and Policies Element of The Master Street and Highway Plan be amended to read as follows: III. Relationship to Capital Improvement Program The roads included in the Master Street and Highway Plan can be broken down into three categories: (1) those already constructed to their ultimate width; (2) those for which there is a need in the immediate future and; (3) those for which there is a need in the long range future. The Capital Improvement Program (CIP) prioritizes the roadways where the need is more immediate {within 10 years) and describes when they will be improved, as well as when and how funds will be appropriated to finance the improvement. The Capital Improvement Program is directly related to the Master Street and Highway Plan in that the latter serves as the first step of eligibility for including projects in the former. More specifically, no road widening project will be programed in the Capital Improvement Program unless that widening is provided for in the Master Street and Highway Plan. The Capital Improvement Program is revised annually, and appropriate public hearings are conducted. Since the Master Street and Highway Plan does not address the timing of road improvements, the only source of information for projected improvement scheduling in the Capital Improvement Program. IV. Effect of Inclusion in the Master Street and Highway Plan The Master Street and Highway Plan identifies those road segments which will be improved to four or more lanes. Inclusion of any road segment in the Plan indicates the City's intention to acquire sufficient right- of-way for accommodating the planned improvement. Currently, the City has two methods for acquiring right-of-way: (1) through the development review process; and, (2) through a capital improvement project. For right-of-way acquisition through the development review process, procedures follow the Major Right-of-Way Improvement Policy described below. It should be noted that, as stated earlier, the Master Street and Highway Plan addresses major road segments only. Residential local and collector street rights-of-way (50 and 60 feet wide respectively) are still acquired through development review, even though they are not on the Plan. When the first phase of development review involves an amendment to the Comprehensive Zoning Ordinance (rezoning), the rezoning may be approved subject to the acquisition of adequate rights-of-way for planned road improvements. Such acquisition shall include right-of-way widths as specified in the appropriate typical section in the Department of Public Works Standards and Specifications, or as determined by the Department of Public Works. In the area of intersections, right-of-way widths should be adequate for accon~nodating necessary turn lanes, as determined by the Traffic Engineering Division'of the Department of Public Works. Requests for relief from or waiver of conditions resulting from the development review process should be directed to the Office of the City Manager. For roads already improved to their ultimate width, inclusion in the Master Street and Highway Plan confirms the extent of planned improvements and graphically illustrates the overall network of major streets and highways. Although additional improvements in the form of widenings are not planned, improvements involving turn lanes, median cuts, and overall intersection improvements may become necessary. Right-of-way for such improvements may be acquired during development review or through a project in the Capital Improvement Program. V. Major Right-of-Way Improvement Policy When the Capital Improvement Program describes the City's plan for improving roadways on a time schedule dictated by the priority of public need, then the right-of-way shall be acquired and improved with public funds. However, there are situations where private parties generate the need for right-of-way acquisition and roadway improvements immediately, as opposed to on the public's time schedule. For these cases, the City's Major Right of Way Improvement Policy applies. Ae On site plans and subdivisions, the developer shall be required to make right-of-way dedications and improvements which, as determined by the Director of the Department of Public Works, are necessary to accommodate development. In the absence of any unusual circumstances, this shall include the following: Dedication of right-of-way in accordance with the City's Master Street and Highway Plan, except where such dedication bears no reasonable relationship to the proposed project; Installation by the developer of turn lanes, median cuts, traffic signals and other similar features, if the need for them is substantially generated by the proposed development; Construction, improvement, or widening by the developer of any roadway for which the need is substantially generated by the proposed development. In any case where the City has plans for a particular improvement for which the need is substantially generated by the general public, and the proposed development substantially generates the In~nediate need for the same type of improvement but of a smaller scale, then the City may require the developer to design and install the greater improvement, provided that it reimburses the developer for the difference in cost between the two items. Co If the Director of Public Works deems it m6re suitable that the developer escrow the cost of improvements rather than install them, he shall require same in accordance with the City's Escrow Policy. De For purposes of this policy, an improvement shall be deemed to be substantially generated by a development if without the development there would be no need for it, and with the development proposed or contemplated the need can be shown by traffic projections or other means to stem directly from the development. E. This policy shall not supersede or have any effect on any agreements or conditions previously applied to any development. BE IT FURTHER ORDAINED: That Section VI of the Principles and Policies Element of the Master Street and Highway Plan be amended by the addition of the following: VI. Access In addition~ access control shall be maintained alonq local streets for a distance of 1200 feet from the point at which any Southeastern Expressway interchanqe ramp met§es with the local street. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of July, 1987. (PORTIONS)* ~NLY ~MENTS 6, 7, 8, 22 and 23 AND SECTIONS III, IV AND V OF THE PRINCIPALS AND POLICIES ~T.~NT OF THE MASTER STREET AND HIGHWAY PLAN (AMENDED) AS WELL AS SECTION VI ADDED RELATIVE ACCESS WERE ADOPTED ON JULY 1987. - 40 - Item IV-G.I.a RESOLUTION ADD-ON ITEM # 27703 The following did not speak but signified their APPROVAL, when called upon by the City Clerk, of the Resolution CONFIRMING the City Council's Action in RECLASSIFYING Certain Properties SOUTH of the GREEN LINE Edward Bankston, 4316 Hermitage Road, Phone: 460-1735 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 J. W. Hood, 314 49th Street, Phone: 428-1021, North Virginia Beach Civic League Walt Vargo, 2409 Sandler Court, Phone: 481-1857, represented the Citizens Action Coalition Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008 George Taylor, Jr., 117 79th Street, Phone: 428-1325 Diana Close, Carolina Avenue, represented the Council of Civic Organizations Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED: A Resolution to Confirm the City Council's Action in RECLASSIFYING Certain Properties SOUTH of the GREEN LINE. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 40a - 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 A RESOLUTION TO CONFIRM THE CITY COUNCIL'S ACTION IN RECLASSIFYING CERTAIN PROPERTIES SOUTH OF THE GREEN LINE. WHEREAS, the Council of the City of Virginia Beach adopted a Comprehensive Land Use Plan in January of 1985 which proposes to limit urban growth within an area bounded by the Green Line; and WHEREAS, the Council of the City of Virginia Beach has determined that there is changed circumstances since Land Use Plan suggesting objectively verifiable evidence of the adoption of the Comprehensive that careful management of the area south of Green Line will not be sufficient to insure the public health, safety, and welfare of the citizens of Virginia Beach. WHEREAS, the Council of the City of Virginia Beach desires to conserve land and other natural resources, floodways, historic or scenic purposes, and assist in the shaping of the character, direction, and timing of community development. WHEREAS, on August 26, 1986, after considerable and comprehensive study including appropriate land usage, the reasonable and practical provision of municipal facilities and capital improvement program issues, the City Council voted to reclassify certain properties lying south of the Green Line to agricultural zoning classifications; and WHEREAS, the concerning the legality certain properties; and City is currently engaged in litigation of the action taken in reclassifying WHEREAS, the City Council desires to confirm its action in so reclassifying certain properties and further desires to express its intention to continue to defend the litigation concerning the action taken on August 26, 1986; -gOb- 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 32 CITY OF VIRGINIA BEACH, VIRGINIA: 33 1. That the Council shall not reconsider the August 34 26, 1986 action taken by the City Council to reclassify certain 35 properties to agricultural zoning districts. 36 2. That the City Attorney and the law firm of Hunton 37 and Williams are hereby authorized, directed and empowered to 38 proceed with the defense of the litigation referenced above to 39 the extent necessary to fully resolve all legal concerns. 40 Adopted by the City Council of the City of Virginia 41 Beach, Virginia on this 13 day of July ,1987. 42 GLF/rab 43 7/13/87 - 41 - Item IV-G.1 RESOLUTIONS ITEM # 27704 Upon motion by Councilman Fentress, seconded by Vice Mayor 0berndorf, City Council ADOPTED: Resolution directing the Planning Commission to consider amendments to Sections 111 and 233 of the CZO, pertaining to recreational campgrounds. (DEFERRED May 18, June 1 and 22, 1987 Councilman Moss requested information regarding personal property tax collections in connection with these Ordinances when same are referred back from the Planning Commission. If these recreational vehicle owners reside a certain length of time, they should pay taxes. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 41a - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A RESOLUTION DIRECTING THE PLANNING COMMISSION TO CONSIDER AMENDMENTS TO SECTIONS 111 AND 233 OF THE THE COMPREHENSIVE ZONING ORDINANCE, PERTAINING TO RECREATIONAL CAMPGROUNDS NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission is hereby directed to consider and make its recommendation concerning the attached amendments to Sections 111 and 233 of the Comprehensive Zoning Ordinance at the next hearing at which it may lawfully consider the same, and to expedite the transmittal of such recommendation to the City Council. Adopted by the Council of the 1 3 July Virginia, this day of City of Virginia Beach, 198 . 16 WMM/dhh 17 07/07/87 APPROVED AS T':; CONTENT AN ORDINANCE TO AMEND AND REORDAIN SECTION 111 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE DEFINITION OF CAMPGROUND BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 That Section 111 of the Comprehensive Zoning Ordinance 12 of the City of Virginia Beach, Virginia, is hereby amended and 13 reordained as follows: 14 Section 111. Definitions. 15 16 17 18 19 20 21 22 23 Virginia, on the 24 WMM/epm 25 07/07/87 26 CA-87-2348 27 28 Campground. Premises where spaces are offered for occupancy ~--~l-a~i~,t~t~-~t--pe~%~ds£ other than permanent occupancy, by i__qn portable recreational housing, including any land, building~ structure or facility on such premises used by occupants of such portable recreational housing. Adopted by the Council of the City of Virginia Beach, (~ord\proposed~0111czo. PRO) day of , 1986. 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND AND REORDAIN SECTION 233 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO RECREATIONAL CAMPGROUNDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 9 10 11 That Section 233 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: 12 13 14 Section 233. Recreational campgrounds. Recreational campgrounds shall be subject to the following conditions: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (a) Physical character of site. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, sub-sidence or erosion shall be used for any purpose which would expose persons or property to hazards. (b) Location and access. No recreational campground shall be created in any location unless it is served by roads so located and improved as to assure safe access during periods of operation. (c) Permitted principal uses and structures are as follows: 30 31 32 33 34 35 36 (1) Uses of transportable recreational housing, other than ~n~-eefm for permanent occupancy as dwelling units, except as specified in subsection (d) be~w, provided that storage of unoccupied units not in a condition for safe occupancy and sale of units shall be prohibited. It shall be the responsibility 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 (d) (e) of the recreational campground operator to enforce the provisions of this subdivision. (2) Structures and uses required for the operation, maintenance and management of the recreational campground. Permitted accessory uses and structures. Includes uses and structures customarily accessory and clearly incidental and subordinate to permitted uses and structures, including permanent mobile homes with a maximum of one mobile home per one hundred fifty (150) recreational campground spaces, not to exceed five (5) mobile homes, for the specific purpose of occupancy of employees operating and maintaining the recreational campground. Permissible uses and structures. In addition to principal and accessory uses and structures permitted by right, facilities planned for development as part of the district and promoting the comfort, convenience or enjoyment of campers within the district may be permitted by the governing body subject to limitations and requirements stated below in particular, and to such additional conditions and safeguards as may be established by the governing body as appropriate to the circumstances of the particular district and its relation to surrounding property. Such facilities include the following: (1) Recreational campground convenience establishments. Establishments for the sale or rental of supplies or for provision of services, for satisfaction of daily or frequent needs of campers, within the district may be permitted. Such estab- lishments include those providing groceries, 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 ice, sundries, bait, fishing equipment, self- service laundry equipment and the like but not sale of gasoline to automobiles. Such establishments shall be designed to serve only the needs of campers within the campground, but shall not, including their parking areas, occupy more than two (2) percent of the area of the campground and shall not be so located as to attract patronage from outside the grounds, nor to have adverse effects on surrounding land uses. (2) Marinas, launching ramps. Marinas, launching ramps and the like may be permitted when appropriate to the character and location of the campground, provided that such instal- lations shall not provide facilities for long term storage of boats other than those rented in connection with the campground operation, or for major repair or overhaul of boats. Requirements and restrictions applied in particular cases may include limitations on hours and manner of operation, requirements for appropriate parking space for boat trailers, and the like. (f) Minimum dimensional requirements: (1) Minimum area for creation of a recreational campground shall be twenty-five (25) acres. At the opening of any recreational campground for occupancy by units, all required facilities and improvements shall have been completed, and the minimum number of spaces available and ready for occupancy shall be fifty (50). Maximum density in recreational campgrounds shall not exceed twelue (12) 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 spaces per acre. Signs shall be as allowed in the district where the use is first permitted as a conditional use. (2) Recreation area. Not less than eight (8) percent of the area of the recreational campground shall be devoted to recreation area. Such recreation area may include space for common walkways and related landscaping in block interiors provided that such common open space is at least twenty (20) feet in width, as passive recreation space, but shall include at least half of the total required recreational area in facilities for active recreation, such as swimming pools or beaches, ballfields, shuffleboard courts, play lots for small children and the like, of a nature so designed to serve the type of campers anticipated and so located as to be readily available from all spaces and free from traffic hazards. Adopted by the Council of the City of Virginia Beach, Virginia, on the WMM/lmt/epm 04/15/87 07/07/87 CA-86-02232 \Ordin~Proposed\0233CZO.Pro day of , 1987. 4 - 42 - Item IV-G.2 RESOLUTIONS/ORDINANCES ITEM # 27705 Giles Dodd, Assistant City Manager for Administration, advised the recommendation of the Health Benefits Task Force is to award a contract to COMMONWEALTH HEALTH ALLIANCE. An open enrollment will be conducted during the Month of September and the Plan would be effective October First. At least 1,000 employees must enroll. Upon motion by Vice Mayor 0berndorf, seconded by Councilman Fentress, City Council ADOPTED: Resolution authorizing the City Manager to enter into a contract for an Indemnity Type Health Insurance Plan for Municipal Employees. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 42a - A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR AN INDEMNITY TYPE HEALTH INSURANCE PLAN FOR MUNICIPAL EMPLOYEES WHEREAS, City Council desires to offer health care benefit plans to employees and their families, and WHEREAS, on June 26, 1987, four proposals were submitted to provide indemnity type health insurance for municipal employees, and WHEREAS, the City's Group Health Benefits Task Force has reviewed the proposals and indicates that the most advantageous proposal to supply indemnity health care insurance to the city was submitted by Commonwealth Health Alliance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized to enter into an agreement with Commonwealth Health Alliance to provide for municipal employees an indemnity type health insurance plan as provided in their proposal summarized in Schedule C to begin October 1, 1987. the Adopted by the Council of the City of Virginia Beach on 13 day of _~_ ....................... 1987. FORM NO. P.S. · . - City of Virginia l cach July 7, 1987 To: From: Re: Mr. Giles G. Dodd, Assistant City Manager for Administration Health Insurance Evaluation Committee~ Indemnity Type Health Insurance RFP The Health Insurance Evaluation Committee wrote specifications requesting proposals for health insurance similar to the 80/20 indemnity insurance used in the past. To encourage vendor participation, we asked for a tiered structure with rates for 250-500 employees, 501-1000 employees and over 1000 employees enrollment. To further encourage competition, we asked for various alternatives of stop loss amounts, deductible amounts and co-pay mixtures. To reach the largest volume of prospective vendors, we placed an advertisement in the newspaper and directly solicited all known interested vendors. On June 26th, at 3:00 PM, the proposals were opened. We received four proposal from three vendors: Commonwealth Health Alliance, Inc., Equicor, and Blue Cross/Blue Shield of Virginia. The proposals were distributed to the members of the Evaluation Committee for preliminary review. The committee met on July 1 and categorized the proposals into three groups; acceptable, potentially acceptable and unacceptable. The proposals that were acceptable and potentially acceptable were evaluated and ranked using the evaluation criteria set forth in the specifications. (See Schedule A) A breakdown of the evaluation is as follows: Vendor Category Point Score Commonwealth Health Alliance Acceptable 62.0 Equicor, Indemnity Type Potentially Acceptable 52.5 Equicor, Administrative Service Type Unacceptable None Blue Cross/Blue Shield of Virginia Unacceptable None July 7, 1987 Giles G. Dodd Page 2 The alternate proposal submitted by Ecquicor was unacceptable because the liability to the City was not measurable or fixed. The proposal submitted by Blue Cross Blue Shield of Virginia was unacceptable because they required 75% of all eligible City employees enroll in their plan. The City could not comply with this restriction, therefore their proposal could not be considered. On July 6, the evaluation committee met with Wayne Wilson of Commonwealth Health Alliance Inc. to clarify concerns and to enter the negotiation stage if the 'committee felt comfortable. Commonwealth answered all of our questions. The committee continued the meeting with negotiations. At the completion of the meeting, the evaluation committee unanimously agreed that Commonwealth Health Alliance, Incorporated had submitted the most advantageous proposal to supply indemnity health care insurance to the City. A complete break down of the fees per month and a cost comparison with existing insurance plans is attached on schedule B. A brief summary of the benefits and features of the proposed policy is attached on schedule C. If the Health Care Committee would like for Wayne Wilson of Commonwealth Health Alliance Inc. to be available to answer questions at the Council, please let us know at your earliest convenience. 0 0 0 0 0 0 0 0 0 0 0 A A A 0 0 0 0 0 0 0 0 0 0 0 0 Z Schedule C City of Virginia Beach Self. Funded Insurance Plan The self insurance plan is the in~t~ument through which all funding will be made and from which all benefits will be paid. The plan contains the following components: A B C D E Plan Design Cost Management Systems Claims Processing Administration and Accounting E~cess Stop Loss Re-insurance The Commonwealth Health Alliance supplies these components. The plan has two directives for employees: 1. Do not self diagnose, rather, see your family physician. For the purposes of the plan, @ family physician must be one of the fo]lowing catagories: family physician, genera], practitioner, genera]. internist, or pediatrician. 2. Notify Virginia Plan Administrators prior' to all hospital admissions. Th~s procedure is known to doctors and hospitals as pre-admission review. It is a common procedure to doctors and hospitals nation wide. This program is performed by the Medical Society of Virginia Review Organization. The following benefits are available to covered members directives have been followed: when the Deductible .................................................. Hospital Expenses ........................................... Surgeon ..................................................... Anesthesia .................................................. Out-Patient Care Surgery ..................................................... lOOX Primary Care Physician Visits, the covered individual pays.. $10 then the plan pays ........................................ 100~ Referred Specialists Care, the covered individual pays ...... g30* then the plan pays ........................................ lOOX Emergency Room, the covered individual pays ................. ~30- then the plan pays ........................................ lOOX ~a~or Medical.. Deductible ........... SlO0 ..... then the plan pays Individual Maximum Stop-Loss ............................... Family Maximum Stop-Loss ................................. Lifetime Maximum ...................................... ~J,000, O00 Prescription Covered members have the financial convenience of paying no more than $3.00 per prescription. Failure to Follow Directives Whenever either of 'the two directives have not been followed there is a major medical deductible of ~200. and the employe~, is responsible for 80% co-insurance with a m~ximum out-of-pocket expense per calendar year of al, 500. Aisc, pre-adm~smion certification and review of hospital confinements is required. If the medical providers are not notified of this and the admission is not mubmitted for review, ~500. of covered expenses for hospital charges will be excluded from r'egular Plat, Benef~tm. S_pecial Provisions In-Patient Psychiatric: Total benefits paid for' hospital charges are: this treatment, to include physician and Limited to a yearly maximum .............. $6,000. Lifetime maximum ........................ SO days. Out-patient Psychiatric Care: When treatment is souoht from a Preferred Provider, you wi]/ be required to pay s $10 co- payment, for each visit. You~ Preferred Provider' may refer you to a Specialist for Psychiatric Care. Benefits will then be paid as follows: You will be required to pay the first $30. the balance of the charoe per visit wJ]l be paid at ~OOY. to a maximum allowable of .~.65 per visit. The amount per visit over $65 is an ineligible charge. 2 If treatment is not ..~ought from m Pre£erred Provider, benefits are considered under Major Medical: Co-Payment ................................ 50% Maximum payment per visit ................ 525. Maximum visit~ per Calendar Year ......... 52. Chiropractic Care First Visit - Initial Care: 510 Co-Payment...then 100% Coverage up to ......... $50. Emch visit Thereafter: 3lC Co-P~ymen% .... then 100% Coverage up to .......... 330. Maximum covered visits per Calendar Year. .......... 20. Diagnostic Test Benefit: $30 Co-Payment... the iOOZ coverage up to .......... 5150, Plan Enhancement Special benefit for insurance benefits. those who reel. dom or never' use medical Below is the benefit received for varying levels of p~rticipation and claims activity. Paid Claims* Employee 3 0 - 5100. 3200. 3101. - 3200. 3100. Employee/One Minor Employee/Family ~ 0 - ~100. ~300. 5101. - 3200. 5~ 50. 3 0 - 3100. 5400. 5101, - ~200. ~200. To receive the benefit, paid claims are for the entire population covered. Example: If fam~..]y coyer'age incl]ude~ four (4) members, the collective paid claims mu~% be below 5100. to qualify for the ~400. benefit. 3 - 43 - Item IV-G.3 RESOLUTIONS/ORDINANCES IT~4 # 27706 Rae H. LeSesne, 5325 Thornburg Lane, spoke in favor of the RESOLUTION introduced by Councilman Moss. O. W. Richardson, 609 Manor Drive, Phone: 495-1879, spoke in OPPOSITION to Alternatives A and B. Charles Mann, resident of Kempsville, inquired as to why Alternative A was not addressed in a Resolution. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Resolution Authorizing the City Manager to transfer the Unobligated appropriated balance of CIP Project 2-834 to a newly advanced acquisition fund earmarked for Indian River Road CIP Project 2-065. Voting: 8-2 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: John A. Baum and Nancy K. Parker Council Members Abstaining: Reba S. McClanan* Council Members Absent: None Councliman Moss advised the Resolution basically stated Alternative A, the current CIP description for an at-grade widening, was being retained in the CIP as an unfunded project. Councilman Baum advised he was in favor of following procedure. Funds were wasted, when consultants were hired and their alternatives were not utilized. Councilwoman Parker indicated her NAY vote was not in support of the Fly-over, and although she agreed with 99~ of the information contained in Councilman Moss's Resolution, she did express concern with leaving this area as an unfunded project. *Councilwoman McClanan advised she and her husband were property owners at the Princess Anne Road/Kempsville Road Intersection, thus her abstention. July 13, 1987 -43 a- Requested by Councilman Moss 1 2 3 4 WHEREAS, 5 Road/Kempsville RESOLUTION Project 2-834 entitled "Princess Anne Intersection" is listed in the Capital 6 Improvement Program (CIP) as: an at-grade widening; and, 7 WHEREAS, the citizens of Virginia Beach and 8 specifically the residents and businesses of the Kempsville 9 Borough have accepted Project 2-834 in the CIP since 1983 as 10 currently described; and, 11 WHEREAS, the cost for CIP Project 2-834 has escalated 12 from the funded $2,933,349.00 to an excess of $4,900,000.00 for 13 an unfunded amount of at least $1,166,651.00; and, 14 WHEREAS, CIP Project 2-834 could only be initiated by 15 stretching out another funded project constituting a breach of 16 commitment to some other neighborhood with pressing highway 17 needs; and, 18 WHEREAS, the City Council ha~ reviewed engineering 19 proposals for the Department of Transportation and construction 20 of the Kempsville Road and Princess Anne Road Intersection; and, 21 WHEREAS, 22 matter; and, 23 WHEREAS, a Public Hearing has been held concerning the the disruption to adjoining neighborhoods 24 would be extensive and costly in reference to Alternatives "B" 25 and "C" of Wiley & Wilson; and, 26 WHEREAS, the disruption to and loss of businesses 27 would be extensive and costly in reference to Alternatives "B" 28 and "C" of Wiley & Wilson; and, 29 WHEREAS, this historic character and rich history of 30 downtown Kempsville would be forever lost to Alternatives "B" and 31 "C" of Wiley and Wilson, 32 NOW, THEREFORE, BE IT RESOLVED by the Council of the 33 City of Virginia Beach, Virginia, that the City Manager is 34 authorized and directed to transfer CIP Project 2-834 from a 35 funded status in the FY 86-87/90-91 CIP to an unfunded status in 36 the post FY 90-91 CIP category. 37 NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council 38 of the City of Virginia Beach, Virginia, that the City Manager is 39 authorized and directed to transfer the unobligated appropriated 40 balance of CIP Project 2-834 to a newly advanced acquisition fund 41 earmarked for Indian River Road CIP Project 2-065. 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia, on this 13 day of July , 1987. 44 45 46 47 JDB/epm 07/13/87 /Ordin/Proposed/2-834.res - 44 - Item IV-G.4 RESOLUTIONS/ORDINANCES ITEM # 27707 The following spoke in SUPPORT of said RESOLUTION: Thomas Shell, Sandbridge Beach, Phone: 721-6210, represented Ocean Rentals, presented a Rigging for Sharks which had been washed up on shore and presented a letter of Marguerite M. Ragland of 641 Bishop Drive (said letter is hereby made a part of the record) Sheila P. Price, 333 Pike Circle, Phone: 721-3327, 426-2993, represented the Sandbridge Beach Civic League Jean Siebert, 601 Sandbridge Road, 426-6211, owner of Siebert Realty Attorney Moody Stallings, Suite 107, Magnolia Square Building, 1213 Laskin Road, Phone: 422-4700, represented the Sandbridge Civic League. Douglas Wehner, 3308 Barcelona Court, Virginia Beach Angler's Club, Phone: 486-1080, Vice President, OPPOSITION: Jessica Ellison, 1604 Mitchell Court, Phone: 467-0029 Daniel Ellison, 1604 Mitchell Court, Phone: 467-0029 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED, AS AMENDED: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach by ADDING Section 6-31 pertaining to Shark Fishing. Councilman Heischober wished the Ordinance to PARALLEL the Resort Area Ordinance. The City has no liability insurance and "precious" little beach front. Councilwoman Henley also passed around to the Council Members a Shark rigging which had been found by swimmers. Councilwoman Henley requested the Staff meet with the Shark Fishermen and a representative from Sandbridge to discuss the possiblity of utilizing the pier, while being aware of other fishing that is going on at this location, or the beach at the Wildlife Refuge. Councilwoman Henley requested the City Staff address this at the City Council Meeting of August 3, 1987. Councilwoman Henley advised the Shark Fisherman had been co- operative and hoped all possibility of endeavoring for a compromise had not been eliminated. Councilman Fentress wished to be advised concerning the practice of chumming as whether same should be continued or discontinued. July 13, 1987 - 45 - Item IV-G. 4 RESOLUTIONS/ORDINANCES ITEM # 27707 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba So McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 45a - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING SECTION 6-31 PERTAINING TO SHARK FISHING. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach, Virginia is hereby amended and reordained by adding Section 6-31 to read as follows: Section 6-31. Shark fishing restrictions. a. During the season from Memorial Day weekend through Labor Day weekend, no person shall (i) place in the marginal adjacent ocean or bay within five hundred (500) yards of the mean low water line any chum, blood or free floating bait for the purpose of attracting sharks or (ii) fish for sharks within the city limits and the marginal adjacent waters within five hundred (500) yards of the mean low water line. These prohibitions shall include fishing or chumming from any beach, structure, jetty or boat, utilizing tackle, bait or chum intended for or commonly used to catch or attract sharks. b. Any person who shall violate any provision of this section shall be guilty of a Class 3 misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of July , 1987. WEB/epm 07/07/87 07/10/87 07/13/87 CA-02339 \ordin\proposed\06-031.pro - 46 - Item IV-G.5. RESOLUTIONS/ORDINANCES ITEM # 27708 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 36-57 of the Code of the City of Virginia Beach pertaining to Charter Bus Parking/Stopping. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf July 13, 1987 _ APPRO~.~ ~_ E TO CONTENTS~.. S~GNA'i'L~ DEPARTMENT // ~PPROVED AS TO LEGAE ~UFFIC~Y ~D FORM CITY A~ORNEY 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 - 46a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 36-57 OF THE CODE OF THE CITY OF VIRGINIA BEACH, PERTAINING TO CHARTER BUSES PARKING/STOPPING. Section 36-57. Parking or stopping of charter buses. (a) Except as otherwise provided herein, the parking of any charter bus or stopping of any charter bus for the purpose of picking up or discharging passengers shall be prohibited from and including May-~s~-~-ee~be~-~s~-~ the Friday preceding Memorial Day through and including the Tuesday following Labor Day every calendar year on all municipal parking lots and all public streets in the following areas: (1) The Virginia Beach Borough, except that charter buses may stop for no more than fifteen (15) minutes to pick up or discharge passengers ~-ehe-~~e~-~ewey-~-~he-e&se-s~e of-~he-V~g~e-Beeeh-e~v~e-ee~e~-~Bome~-~ee~e~-~-Pee~e Avenue-beeween-~geh-an~-~e~h-Seteeee-ot on the west side of the Virginia Beach Civic Center (Dome) parking lot located on Arctic Avenue between 19th and 20th Streets in a zone designated "ehe~e~ Buses-boe~ng-an~-~a~ng-dn~y Stop - 15 Minute Parking." Furthermore, the 4th Street Public Parking Lot located by Rudee Inlet Loo~ has been designated as a pick-up and discharge zone with fee parking for charter buses on a first- come, first-served basis. (2) An area in the Lynnhaven Borough bounded on the south by the northern boundary of the Virginia Beach Borough, on the west by the Linkhorn Bay and Seashore State Park, on the north by 89th Street, and on the east by the Atlantic Ocean; including but not limited to those communities denoted as the North Virginia Beach, Princess Anne Hills, Bay Colony and Cavalier Park. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 36-57 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: - 46b - 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 (b) The city manager or his duly authorized agent may authorize the parking or stopping of charter buses in locations and/or at times otherwise prohibited by subsection (a) above. Such authorization, if granted, shall be in writing, a copy of which shall be in the possession of the charter bus driver. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of July , 1987. RMB/epm 06/25/87 CA-02326 ~ordin\proposed~36-057.PRO APPRQA/~ A~TO CONTENTS Sl~t~ATURE DF PA[-iTM[NT APPROVED AS TO LEGAL SUFFICI · AND FORM - _./ CITY ATTO - 47 - Item IV-G.6. RESOLUTIONS/ORDINANCES ITEM # 27709 Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council ADOPTED: Ordinance transferring $50,000 for Title Examinations to determine what Real Estate Interests, if any, may be necessary in an attempt to have Sandbridge Beach declared as a disposal site for the deepening and dredging of the Norfolk Harbor and Channels, as well as the Baltimore Harbor Project. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf July 13, 1987 - Z~7a - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE TRANSFERRING CERTAIN FUNDS FOR TITLE EXAMINATIONS TO DETERMINE WHAT REAL ESTATE INTERESTS, IF ANY, MAY BE NECESSARY IN AN ATTEMPT TO HAVE SANDBRIDGE BEACH DECLARED AS A DISPOSAL SITE FOR THE DEEPENING AND DREDGING OF THE NORFOLK HARBOR AND CHANNELS, AS WELL AS THE BALTIMORE HARBOR PROJECT WHEREAS, on November 24, 1986, City Council passed several resolutions which requests, among other things, that all of the beaches of Virginia Beach, including Sandbridge, be declared by the corps of engineers as "disposal sites" for the beach quality sand from the deepening and dredging of the Norfolk Harbor and Channels, as well as the Baltimore Harbor Project; and WHEREAS, the U. S. Army Corps of Engineers may require certain property interests to be certified as owned by the public body and may request that a beach area be used as a spoil site if acceptable for a navigational project; and WHEREAS, Beach area projects, it in order to attempt to certify the Sandbridge as a possible spoil site for said navigational may be necessary for private outside legal counsel and/or consultants to establish the ownership of an area identified as a potential spoil site and/or sand replenishment area. Accordingly, funding for such title examinations is necessary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That an amount not to exceed ($50,000.00) is hereby transferred Springs Road to pay for the counsel and/or above. Adopted by Virginia on the DSH/awj 7/2/87 7/7/87 RES/Approp. Ord consultants fees of necessary FIFTY THOUSAND DOLLARS from Project 2-406 Diamond the private outside legal for the work referenced the Council of the City of Virginia Beach, 13 day of July , 1987. - 48 - Item IV-G.7 RESOLUTIONS/ORDINANCES ITEM # 27710 Upon motion by Vice Mayor 0berndorf, seconded by Councilman Fentress, City Council APPROVED: Authorization for the City Manager to enter into an agreement with Sverdrup Corporation to provide construction management engineer services for 161 Public Works CIP Projects, estimated to cost $2,973,137. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: None July 13, 1987 - 48a - - City of Virginia l cach INTER-OFFICE CORRESPONDENCE Jtme 29, 1 987 TO: Thomas H. Muehlenbeck DEPARTMENT: Executive VIA: Aubrey V. Watts, Or. DEPARTMENT: Executive FROM: C. Oral Lambert, Jr. DEPARTMENT: Public Works SUB3ECT: Construction Management Engineer Contract Earlier this year a detailed presentation was made to the City Council in which three alternative strategies for execution of the expanded CIR program were presented. These strategies were: Restructuring the Public Works organization, filling certain critical positions, and employing the services of a construction management engineering firm to obtain a posture capable of providing responsive and responsible CIP execution. Restructuring Public Works and significantly increasing staffing levels to achieve improved engineering planning, adherence to approved schedules, and increased design and construction quality control without employing the services of a construction management engineering firm. Program stretch out by deferring the start of some projects to increase the effectiveness with which currently available resources are employed. A detailed analysis of these alternatives was presented to the City Council and a recommendation was made that alternative one, employment of a construction management engineer (CME), was the best course to follow. A major consideration favoring this alternative is the CME's capability to provide a workforce, in being, possessing the requisite expertise to enable CIP execution within the established schedules. This capability precludes the city having to recruit an additional 17 professional, technical and support personnel and, for the remaining three years of the program, having to undergo the trauma associated with a series of reductions in force as the workload emphasis migrates from the design and acquisition phases to the construction phase of program execution. Alternative three, slowing down the program was considered unacceptable. The City Council concurred with the staff recommendation and authorized a limited increase in staffing and employment of a CME firm to assist in implementation of the program. Thomas H. Muehlenbeck June 29, 1987 Page Two A comprehensive nationwide search for a CME was conducted in accordance with the city's policy for the procurement of professional services and the Sverdrup Corporation was selected in late May to be the city's construction management engineer. During the first three weeks in 3une extensive meetings were held with representatives of the firm and the city staff with a view towards negotiating an acceptable fee. When the presentation was made to the City Council recommending use of a construction management engineer, it was estimated that the fee would be $3 million for the three years the services were expected to be needed. The Sverdrup Corporation has indicated that the work can be accomplished in 24 months, and they proposed initially a fee of $3,330,692 for their services. Following detailed negotiations with city staff, the Sverdrup corporation has now proposed a contract amount of $2,973,137, which is considered a fair and reasonable amount for the services to be provided. The work is to performed under a cost plus fixed fee contract with only actual costs being billed up to the contract amount, which will not be exceeded without prior authorization. I recommend that the contract negotiated with the Sverdrup Corporation be approved and that the city enter into a contract with 5verdrup to provide construction management engineer services for the City off Virginia Beach. COLjr/DRT/jh C. Oral Lambert, Or. Director EXHIBIT 1 City of Virginia Beach City Engineer Municipal Center Virginia Beach, VA 23456 COST PROPOSAL FOR CONSTRUCTION MANAGEMENT ENGINEER SERVICES FOR CAPITAL IMPROVEMENT PROGRAM JUNE 25, 1987 INDEX I. INTRODUCTION WORK TO BE PERFORMED BY THE CME III. WORK TO BE PERFORMED BY CITY OF VIRGINIA BEACH IV. DERIVATION OF ESTIMATED FEE I. INTRODUCTION A. Purpose and Intent The City of Virginia Beach desires to complete from the current five year program, 39 projects including construction plans, specifications, estimates, right-of-way and utilities clearances by June 30, 1989. To accomplish this goal, the City intends to utilize the consultant community for the design process and a Construction Management Engineer (CME), for overall management and administration. The work will require the services of a number of project design and functional consultants under the direction of the CME. The CME will serve as an extension to the City Engineering Division. All of the functions normally performed by the Engineering Division, including, but not limited to, location, geotechnical, design, right-of-way, utilities, structures and local coordination, will become the responsibility of the CME. Several Design Consultants will already be underway prior to the implementation of the CME agreement; those projects will be placed under the purview of the CME. Other projects not yet begun will also be assigned to the CME. These projects will require investigation including field checks and the preparation of projects' scopes and cost estimates, and functional development. The CME must be capable of administering and reviewing design contracts of all sizes and types of public works construction. B. Location The projects to be developed under this program are city-wide and vary from bikeways to major roadway widenings. Currently, 39 separate projects have been identified for execution, totaling nearly $248,000,000 in estimated construction costs. The CME will be required to finalize the design concepts and develop the general plans for the design work. He will assist the City in specific phases of the selection process for hiring individual engineering design consultants, finalizing scopes of work, assisting in the negotiation phase and contractual document phase, coordinating work activites between Design Consultants, other agencies and utility companies, monitoring the performance and progress of the Design Consultants, and monitoring the accuracy and completeness of the work through quality assurance checks of the Design Consultants' quality control procedures. The CME, however, shall not be responsible for the Design Consultant's errors and omissions. Any specific work to be performed by the CME during the construction phase will be identified as the construction phase begins. The scope of construction-related work and the associated estimated costs and fee will be covered by a supplemental agreement. 2 II. WORK TO BE PERFORMED BY THE CME The Construction Management Engineer will start immediately and administer projects in varying stages of development, as well as remain flexible enough to adjust to rapid changes in overall work scope. A. Organization The CME will work with the City of Virginia Beach management team whose activities will complement that of the Design Consultants. The CME will maintain a local office during the various stages of the work; a peak staff of 20 is anticipated. All key personnel assigned to this project will be based in the local office and reside in the Virginia Beach area. The CME will locate and furnish suitable office quarters to serve as the project office for the duration of the project. Required support personnel will be recruited and hired from the Virginia Beach area. Internal accounting methods and procedures will be established for documenting project costs (i.e. printing, vehicle usage, telephone and communications, supplies, etc.). These methods and procedures are subject to audit by the City. Sverdrup will establish and maintain contract administration procedures for review of change orders, time extensions, and changes of sub-contractors. The City will review and approve these procedures and, final approval of all contract changes are subject to City approval. B. Project Control Sverdrup will establish a management information system to monitor, forecast and report progress. This system will: Determine and highlight critical path work from initial plans as work progresses. Identify progress against schedule for each identified work segment. Forecast completion dates from current progress. Highlight rescheduled work in any area which is out of required sequence. Highlight rescheduling that has overloaded any physical area that requires more resources than originally allocated. 6. Forecast future conflicts in any area. Provide estimates of time, manpower and dollars required at the lowest work element tracked, based upon current expenditures versus schedule. Provide the capability of random inquiry concerning the status of any work element in terms of schedule, manpower and dollars. Monitor project construction cost estimates for compliance with programmed amounts and allow the CME to make recommendations for appropriate project scope changes and stategies for cost control purposes. The CME will establish and maintain computer terminals in City offices to allow direct access to visual and written project status. Three terminals in Sverdrup's office and two in the City's office are anticipated. Thirty-nine CME projects and 112 City projects will be monitored on the system. The Management Information System hardward and software will be retained by the City at the conclusion of the CME project. The CME will publish, with City approval, a comprehensive management procedure that includes all aspects of the work to be performed and will include procedures, forms, and schedules to guide the design, cost estimating, real estate acquisition, and administrative phases of the program. Quality Assurance (QA) guidelines will be developed for all Design Consultants, and the CME will review, approve, and periodically audit the QA program of all Design Consultants. C. Project Orientation The CME will review the development history of projects to gain a general understanding of the intent and status, and to identify controls, prior agreements, etc, that may have an effect on the development of activities. Included in the history review will be, as available: Concept Reports, Environmental Assessments, Location Public Hearing transcripts, Location Decisions, and project correspondence. A synopsis of key communications, agreements, understandings, and requirements will be prepared to guide the development of the project and to aid those involved in later aspects of the work to become thoroughly familiar with these projects. The review will include obtaining existing mapping and control surveys, the review and cataloging of available geotechnical data, traffic data and projections, drainage and hydrologic information. The CME will obtain and review VDOT and Virginia Beach Standards, Specifications, Design Manuals, and similar reference materials. These items will be the basis for General Plans, Design Criteria, and later design activities. Project orientation will include discussions with the City regarding their proposed procedures for Design Consultant selection and the review of earlier consultant design contractual agreements. D. Agency Coordination The CME will establish communication procedures with VDOT and other agencies and identify primary and secondary contacts within each VDOT Division and each agency at both the working and administrative levels. Discussion with the various jurisdictions will determine initial concerns, identify constraints and obtain records, plans, and other information. The CME will establish contacts with affected utilities, identify conflicts, constraints, and agreements that may require further attention during final design. The CME will obtain drawings and documentation for facilities; draft new or revised master agreements covering design, construction, cost sharing, or betterments; and establish procedures for ongoing coordination. The CME will assist the City in preparing for and conducting public involvement activities, and provide a moderator for public meetings and hearings. Administrative procedures will be developed to process varied requests for information to present and maintain a positive, professional image to the community and to ensure that released information reflects City policies. The CME will assist the City in responding to information requests from the general public and the press. Requests for information regarding the project may be received by the CME directly from the public or indirectly through the City. The CME may respond for the City to questions concerning items under study. Policy matters will be prepared by the CME for review and release by the City. E. Progress Review Weekly staff meetings with the'City management team will be attended or conducted by the CME. Monthly narrative reports will be submitted to the City covering the CME's activities for each reporting period. Planned activities for the next period, problems encountered and actions taken for their resolution and actions and/or information required of the City, VDOT, or other agencies in the coming period will be discussed. The reports will also identify major project milestones scheduled for the next several reporting periods. Progress will be monitored and reported diagrammatically and quantitatively to present a clear, concise, and understandable picture of the project status. Unresolved problems, alternatives, and recommendations will be identified and required actions presented. F. Design Review Uniform design practices will be adopted where uniformity and/or consistency is beneficial and cost effective to the design or construction process. This would apply to technical design criteria, common design features, cost estimating procedures, specification items, and general drawing standards. Each Design Consultant will be required to prepare and submit specific documents for review according to a preapproved schedule. Design computations will be required to be organized, annotated, and checked by the Design Consultant. Design review procedures will vary with the design stage and the type of project. The CMEwill perform reviews at the 25%, 55%, 90%, and 100% design stages, as applicable, to determine that the project is progressing consistently with the project criteria and schedule. Particular emphasis will be placed upon a constructability review in conjunction with the Engineering Division. Approximately 130 plan reviews are anticipated for the 39 projects. If scheduling requires concurrent review of several projects, short term assistance may be required from other Sverdrup offices, with City concurrence' G. Right-of-Way Services The CME shall provide right-of-way services with its staff, through its management of appraisal and title search sub-con- sultants paid by the City, and through its management of Design Consultants' services. Right-of-Way plans and plats will be prepared by Design Consultants. The CME will review the work of the Design Consultants for accuracy and thoroughness, but will not be responsible for the Design Consultant's errors. The CME will provide estimates of costs to obtain right-of-way and provide appraisal and title search services through subcontract. The cost of these services is not included in this cost proposal; the City will fund this subcontract from other sources. The CME will provide project documentation for acquisition of all rights-of-way and easements on privately-owned property which are required by the projects, and assist the City with the relocation assistance and property management phases. Condemnation action will be initiated and pursued by the City in cases where negotiation has proven unsuceessful. The estimated cost of the CME's services includes personnel to review Design Consultants' work, to estimate costs of right-of-way and relocations, and to appraise and acquire approximtely 500 parcels. The estimated cost does not include non-personnel costs such as appraisal fees, title searches or updates, title insurance, escrow fees, relocation and property costs, nor does the estimated cost include expert witness fees for any condemnation proceedings. CME right-of-way staff will be available during the contract period. He Other Services The CME will review the Design Consultant's evaluation of construction bids and assist the City in the bid process up to construction contract award. Contracts and specifications, traffic, geotechnical, and quality assurance, and other special services, are anticipated to be provided from within the proposed staff, with assistance from other Sverdrup offices as required. Routine matters in these areas will be handled within the Viriginia Beach office. For complicated or unusual requirements, the local staff will request short-term specific assistance from within the Sverdrup organization. For example, the mechanical and electrical design of the Pungo Ferry Road span would be reviewed by appropriate Sverdrup staff in other officeS. III. WORK TO BE PERFORMED BY CITY OF VIRGINIA BEACH The following is a partial list of work items the City plans to perform with its own forces: - Process Design Consultant's billings after review by the CME. - Approve, after review and recommendation by the CME, the Design Consultants' request for extension of time and change orders. - Make final selection of, and contract directly with, all Design Consultants. - Approve and execute all coorespondence with FHWA, VDOT, and other public agencies. - Approve the final form and execute all utility agreements. - Perform selected project development activities. - Be responsible for all public involvement and distribution of public information. - Assume control of the construction pre-bidding process after completion of plans, specifications and estimates. - Complete the property management and relocation assistance services related to right-of-way acquisition. 10 IV. DERIVATION OF ESTIMATED FEE The following tables present the derivation of estimated fee and supporting documentation. Table 1 summarizes overall costs for the two-year project. Table 2 supports the overhead rate indicated in Table 1. Table 3 presents the basis of estimates for direct expenses. We propose a cost-plus-fixed-fee contract with an upset limit (ceiling) of $2,973,137. Actual costs will be billed on a monthly basis and will include: Actual labor costs. Provisional overhead rate of 137.50% of actual labor. This rate is subject to audit and may change periodically to reflect current overhead costs. The lower of approved DCAA or EPA audits may be applied. Net fee computed on labor and overhead costs. Actual direct expenses including subcontract costs. Billings will not exceed the contract ceiling without prior authorization of the City. Sverdrup will not provide services beyond the contract ceiling without compensation. Table 4 lists the 39 projects to be monitored by the CME, with budget estimates of total cost and the anticipated status of each project as of July 1, 1987. 11 <0 0 H :> H Lc: cci tCl I". ~ ~, ..,T O~ q) ~D t/'l -.1' q' ¢") STATEMENT OF TABLE 2 SVERDRUP CORPORATION/EASTERN GROUP SALARY RELATED AND GENERAL AND ADMINISTRATIVE NET OF FAR ELIMINATIONS 1987 pROJECTED EXPENSE SALARY RELATED EXPENSE Annual Leave Bonus Holiday Sick Leave Pension Costs Insurance Employee Related Programs Federal Taxes TOTAL Productive Salaries GENERAL AND ADMINISTRATIVE EXPENSE General Office Administrative Bid and Proposal Outside Consultants Advertising Amortization Leasehold Impr. Alterations and Moving Blueprints, Maps, Photos Books, Magazines, Subscriptions Employee Welfare Depreciation Dues Equipment Maintenance Equipment Rental Insurance Legal and Accounting Miscellaneous Postage and Express Rent and Utilities Supplies Taxes Telephone Travel Employee Relocation Employment Interviews Conventions and Seminar Computer Services Corporate Allocation TOTAL GENERAL & ADMIN. EXPENSE Productive Salary Costs PROJECTED OFFICE - 1987 DOLLARS RATE $524,528 7.30% 125,046 1.74% 322,212 4.49% 224,966 3.13% 81,479 1.14% 396,946 5.53% 42,753 0.60% 769,864 10.73% $2,487,794 $7,177,280 34.66% $521,930 5.40% 1,075,958 11.13% 695,286 7.19% 117,546 1.22% 33,237 0.34% 18,574 0.19% 76,624 0.79% 82,473 0.85% 19,502 0.20% 27,157 0.28% 168,963 1.75% 30,675 0.32% 38,191 0.40% 95,402 0.99% 417,489 4.32% 28,373 0.29% 43,022 0.45% 83,679 0.87% 1,435,849 14.85% 211,993 2.19% 24,320 0.25% 149,631 1.55% 233,678 2.42% 136,267 1.41% 9,728 0.10% 60,848 0.63% 162,132 1.68% 1,382,855 14.31% 7,381,382 9,655,074 76.37% TOTAL OVERHEADRATE 137.50% TABLE 3 DETAILS OF ESTIMATED DIRECT EXPENSES YEAR1 YEAR2 TRAVEL ae Airfare (RT @ 600) (RT @ 400) Food & Lodging (8 $100/day) 2. MOVING EXPENSES Moving expenses are not reimbursable by the City. 3. AUTO MILEAGE (Local @ 0.21/MI) R/WStaff Structures Highway Staff LEASED AUTOS (Includes Gas & Oil) Four (4) @ $400/month (600 mi/month) (100 mi/month) (400 mi/month) TOTAL 5. DUPLICATING e e Machine Rental Toner and Supply Paper ($450/month) ($100/month) ($100/month) TOTAL TELEPHONE Equipment Service Data Line TOTAL POSTAGE Meter Scale Postage ($25/month) ($50/month) ($150/month) TOTAL 8. MISCELLANEOUS a. Miscellaneous Office Expense Refrigerator Coffee Service Miscellaneous Furnishings File Cabinets SUBTOTAL 9,000 4,800 22,200 YEAR1 $1,476 492 984 $19,200 $5,400 1,200 1,200 $15,000 6,000 1,200 $22,200 $300 600 1,800 $5O0 600 1,000 5,000 6,000 --0-- 9,000 YEAR2 $1,476 246 492 $19,200 $5,400 1,200 1,200 --0-- 6,000 1,200 $7,200 $300 600 1,800 $--0-- 600 --0-- be Office Equipment Typewriters Calculators Office Furniture SUBTOTAL 4 Manager Positions 13 Engineering, R/W, 3 Secretarial 2 Conference Rooms d. Supplies (Expendable) SUBTOTAL YEAR1 $3,000 1,000 $8,000 19,500 7,500 20,000 $55,000 $9,000 $75,10 YEAR2 $--0-- $6,000 $6,600 9. WORD PROCESSING Hardware Printer Supplies Paper (2 stations) 10. MICROCOMPUTERS - IBM PC - AT - Printers File Server Plotter Network Software UPS Modem & Misc. $7,000 2,500 6O0 1,200 $11,300 $32,000 5,000 10,000 10,000 15,000 15,000 3,000 5,000 $95,000 600 1,200 $1,800 TRAVEL TABLE 3 DETAILS OF ESTIMATED DIRECT EXPENSES Airfare (RT @ 600) (RT @ 400) Food & Lodging (@ $100/day) YEAR1 2. MOVING EXPENSES Moving expenses are not reimbursable by the City. 3. AUTO MILEAGE (Local @ 0.21/MI) 9,000 4,800 22,200 R/WStaff Structures Highway Staff LEASED AUTOS (Includes Gas & Oil) YEAR1 Four (4) @ $400/month ( 600 mi/month) ( 100 mi/month) ( 400 mi/month) TOTAL $1,476 492 984 5. DUPLICATING $19,200 Machine Rental Toner and Supply Paper ($450/month) ($100/month) ($100/month) TOTAL $5,400 1,200 1,200 TELEPHONE Equipment Service Data Line $15,000 6,000 1,200 $22,200 POSTAGE Meter Scale Postage ($25/month) ($50/month) ($150/month) $300 600 1,800 8. MISCELLANEOUS a. Miscellaneous Office Expense Refrigerator Coffee Service Miscellaneous Furnishings File Cabinets SUBTOTAL $50O 600 1,000 5,000 YEAR2 6,000 --0-- 9,000 YEAR2 $1,476 246 492 $19,200 $5,400 1,200 1,200 --0-- 6,000 1,200 $7,200 $300 600 1,800 600 --0-- --0-- REFERENCE NUMBER 2 4 5 6 10 13 14 15 16 18 19 21 22 23 24 25 26 27 28 1 7 8 11 12 3 9 17 20 29 30 31 TABLE 4 ON-GOING PROJECTS STATUS ( 7/1/87 ) Computer Signal System O.G. Highway Safety Improvements O.G. MSHPAlignments S.R. Rural Road Improvements S.R. SUBTOTAL HIGHWAY PROJECTS Shipps Corner Road & Bridge 55% Baxter Road 55% Dam Neck Road Phase I 25% Ferrell Parkway Phase IB 90% Independence Blvd. Phase III 25% Lynnhaven Parkway Phase V 90% P.A. Road-Kempsvile Rd. Int. 5% Centerville Turnpike Phase I 15% Ferrell Parkwy Phase IC 15% General Booth Blvd. Phase II 25% Independence Blvd. Phase IV NA Independence Blvd. Phase IIA 15% Indian River Road Phase IV 15% Lynnhaven Parkway Phase VII 15% Northhampton Blvd. Phase II 25% SUBTOTAL BRIDGE PROJECTS Back Bay Marina Bridge 10% Mill Dam Bridge NA Pungo Ferry Bridge 25% South Plaza Trail Bridge NA West Neck Bridge NA SUBTOTAL VDOT PROJECTS First Colonial Road Phase III PAS Rudee Inlet Bridge PAS London Bridge Road Phase I SC P.A. Road Phase III 55% Constitution Drive PAS Dam Neck Road Phase II 25% Virginia Beach Blvd. Ph III 100% SUBTOTAL BUDGET ESTIMATE (1000) 3,450 4,465 950 4,200 370 2,762 21,124 13,750 23,958 3,543 2,933 8,797 5,300 9,300 15,885 6,400 4,300 5,300 6,900 $130,622 613 715 10,853 594 1,077 16,771 8,829 8,139 10,487 8,923 5,136 11,816 CITY PORT I ON 1,370 2,769 1,888 1,735 1,216 260 1,366 REFERENCE NUMBER DRAINAGE PROJECTS 32 Ocean Park Drainage Phase II S.R. 3,095 33 Back Bay Saltwater Ext. S 1,129 34 Salem Canal Improvements HSR 10,700 35 Lake Banbury Drainage HSR 2,505 36 Rudee Inlet Bulkhead PD 410 37 Lynnhaven Colony Drainage NA 1,073 SUBTOTA~ $1~/9I~ BIKEWAY PROJECTS BUDGET STATUS ESTIMATE (7/1/87) (1000) 38 Bayfront Bikeway NA 813 39 Pembroke Bikeway NA 542 SUBTOTAL $1, ~ $2 f7 7 KEY TO STATUS OF PROJECTS OoG. 5% 10% 15% 25% 55% 90% 100% PAS SC S HRS PD - On-going, multiple minor projects - Consultant selection required - 5% of final design completed - 10% of final design completed - 15% of final design completed - 25% review submittal due - 55% review submittal due - 90% review submittal due - Final review submittal due - No activity to date - Preliminary alignment study - Surveys complete - Study phase in progress - Hydraulic study required - Preliminary design phase EXHIBIT 3 INITIAL SCOPE OF WORK CONSIRUCI'ION MANAGEMENT ENGINEER FOR CIlY WIDE ROADWAY AND RELATED PROOECIS INDEX 100 CENERAL ] 10 Purpose !20 [)escr~pt~on .I ~,()Location 2OO ADMINISIRATION 210 ProjecL Control 2)0 Responsibility 240 [amJliarization and Orientation WORK TO BE PERFORF~D BY THE CITY 6[')0 WORK 10 BE PERFORt~D BY IHE MANAGEMENI CONSUL IANT 610 lhe ~anagement Consultant 620 Uti]Jty and Railroad Liaison SCOPE OF WORK CONSTRUCTION MANAGEMENT ENGINEER , FOR CiTY WIDE ROADWAY AND RELATED PRO3ECTS 100 110 120 200 GENERAL PURPOSE - The City of Virginia Beach desires to commission consultants to assist in the execution of the city's Capital Improvement Program. The city does not have sufficient staff for this ~ork load, and intends to use the consultant community to provide the additional work force needed to achieve this goal. DESCRIPTION - The work will require the services of several design and functional consultants. To assist the city in the selection, coordinalion, scheduling, and reviewing of the work by the design consultants, the services of one firm, to work in parallel with a team assigned by the city, is required as a Construction Management Engineer (CME). Some of the design consultants will be underway prior to the implementation of the Management Consu]tant Agreement. However, those projects underway will be considered a parl of this process as though they were initialed with the assistance of the CME. LOCATION - The projects to be developed under this process are city wide and may vary from pavement rehabilitation to new construction. It is anticipated that approximately one hundred forty projects will be involved with a value of approximately $250,000,000. Although not planned at this time, building construction projects may be inc)uded in the future. ADMINISTRATION 221.0 The Construction Manz~gement Enqineer wi1) be expected to: .1Eslablish, furnish, and maintain suitable office facilities to serve as project offices for the duration of the project. .2 S~cure and mainLain a staff of the required support personnel to perform the work necessary to complete the project. .3 Establish internal accounting method~ and procedures for documenting project costs. .4 Establish and maintain contract administration procedures, which will include change orders, time extensions, and subcontracts. .5 Rrepare monthly invoices to the city for services provided in connection with this project. 210 210.0 PROJECT CONIROL - Establish a management information system to monitor costs, manpower, and report progress, lhis system shall: .1 Determine and highlight critical path work from initial plans as work progresses. .2 Idenlify progress a~ainst schedule for each identified work item. .3 Forecast completion dates from current progress. .4 Highlight rescheduled work in any area which is out of required sequence. .5 Highlight rescheduling that has overloaded any physical area that requires more resources than originally allocated. .6 Forecast future conflicts in any area. .? Provide estimates of time, mar,power, and dollars required at the lowest work element tracked, based upon current expenditures versus schedule. .8 Provide the capability of random inquiry concerning the status of any work element in terms of schedule, manpower, and dollars. RESPONSIBILITY 230.0 The design consultant will be responsible for the accuracy and completeness of the plans, related designs, and estimates of cost. The CME shall review all such material for each design project. 240 FAMILIARIZAIlON AND ORIENIATION 241.0 The CME shall perform the following: .1 Project Histories - Review the development histories for the projects to gain a general knowledge and understanding of the intent and status, to identify controls, prior agreements (if any), etc. that may have an effect on the development of the projects. Included in the history review (as available) will be: Concept Design Reports, Location/Design Hearing lranscripts, location decisions and project correspondence. Synopsis of key communications, agreements (if any), understandings, and requirements will be prepared to guide the development of the projects. .2 Inventory Existing Data - Obtain and review any existing mapping and control surveys, review and catalog any existing geotechnical data, traffic data and projections, any drainage and hydrologic information. .3 Standards, Specifications, and Rolicies - Obtain and review the Standards, Specifications, Design Manuals, Rolicies, and similar reference materia~ of the city and the Virginia Department of Transportation. lhese items will be the basis for developing project scopes of work and review of the design processes and the completed plans. .4 Consultant Selection Procedures - Confer with the city regarding the proposed procedures for design consultant selection and review earlier cons,.,ltant design contractual agreements. Review the city's listing of qualified design consultants. ~00 ~10 WORK TO BE PERFORMED BY THE CITY JlO.O In addition to the items li:;ted below, the city reserves the right, based on the in-house workload, to perform any elements of the design process on any given design project, .l Process design consultants' billings after review by the CHE. .2 Approve, after review by the CME, design consultants' request For extension of time and change orders, .J Make flnal selection and contract directly with all design and design services consultants. .4 Prepare in final form all correspondence with Virginia Department of Transportation and other public agencies. .5 Prepare in final form all utility agreements. .6 Be directly responsible for all public involvement and distribution of public information. .7 Assume control of the pre-bidding process after completion of the plans, specifications, and estimate. 6O0 610 WORK TO BE PERFORMED BY THE CONSTRUCTION MANAGEMENT ENGINEER 610.0 The CME shall perform the following: .1 Assist the city in the selection of design consultants. .2 Maintain an ongoing review of the design consultant's work and progress. .J Monthly narrative reports will be submitted to the city covering the CME's activities of the deisng and functional consultants for each reporting period, defining: .~a Planned activities for the next period .~b Problems encountered and actions taken for their resolution .~c Action and/or information required of the city or other agencies in the coming period .~d Identify major milestones for the next several reporting periods .Je Unresolved problems will be identified and required actions presented ,~f Progress will be monitored and reported diagrammetrically and quantitatively to present a clear and consise, and understandable picture of project status .}g This task will also include preparation and conduct of monthly progress reviews with the city and the design consultants. .4 Assist the city in preparing for and conducting public involvement activities. .5 Develop administrative procedures to process varied requests for information so as to maintain a positive, professional image to the public and to ensure that released information reflects the city's policies. .6 Assist the city, as required, in answering any litigation related to the projects. .7 Review and resolve all issues regarding design consultsnts' change orders and accompanying requests for payment. .B Prepare right-of-way plans (may be by consultant contz'~cts) and acquire right-of-way. .9 Provide contract administration and inspection during construction, if requested by city. 620 UIILIIY AND RAILROAD LIAISON 620.1 Utility Liaison - Establish contacts with affected utilJ, ties, identify early conflicts, cor)straJ, nts, and agreements that may require further attention during design. .2 Seek drawings and documentalion for facilities, and eslablish procedures for ongoing coordination. .3 Railroad Liaison - Where projects involve railroad facilities, establish contacts with the affected railroad and eslablish procedures for ongoing coordination. TO PI~DE PI~ 1~~ SI~C~ C~S~I~ 1~~ ~I~ PRO~ CITY OF VIRGINIA BF_~CH JUNE 25, 1987 THIS AGREEMENT made as of the first day of July in the year of Nineteen Hundred and Eighty-Seven by and between the City of Virginia Beach (hereinafter called the CITY), and Consultant, Sverdrup Corporation (hereinafter c~lled the ENGINEERS). WITNESSETH, that whereas the CITY intends to delegate certain responsibilities for 39 CITY projects to the ENGINEER, and have the ENGINEER monitor on a Management Information System an additional 112 projects; NOW THEREFORE, the CITY and the ENGINEERS in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by the ENGINEERS and the payment for those services by the CITY, as set forth herein. ENGINEERS shall provide the services set forth in THIS AGREEMENT in accordance with the terms and conditions of THIS AGREEMENT. ENGINEERS agree that such services shall be performed with the normal skill and care exercised by similar professionals rendering these types of services at the time and place of the performance thereof. SECTION ! - SCOPE WORK The Scope of Work for this project is contained in the following Engineer's Cost Proposal for Construction Management Engineer Services for Capital Improvement Program, dated June 17, 1987, which by this reference is attached hereto and made a part hereof as Exhibit 1. Additional clarifications relating to the intent of this scope are contained in the Engineer's Technical Proposal dated May 15, 1987, and additional clarifications relating to the City's desire for services are contained in the Initial Scope of Work, Construction Management Engineer, for City Wide Roadway and Related Projects received at the Preproposal Conference on April 21, 1987 which by this reference is attached hereto and made a part of hereof as Exhibits 2 and 3, respectively. In the event of conflict, the order of precedence is (1) Cost Proposal, (2) Technical Proposal, and (3) Initial Scope of Work. SECTION II - ACCESS TO SITE The CITY shall make provisions for the ENGINEERS to enter upon public property as required for the ENGINEERS to perform their services under THIS AGREEMENT. SECTION III - DAMAGES The ENGINEERS shallC]review the professional quality, technical accuracy and the coordination of all designs, drawings, specifications and other services furnished by other Engineers under other agreements, but shall not be responsible for the errors or omissions of such other engineers nor liable for damages arising therefrom. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the services required under THIS AGREEMENT shall be construed to operate as a waiver of any rights under THIS AGREEMENT or of any cause of action arising out of the performance of THIS AGREEMENT, and the ENGINEERS shall be and remain liable to the CITY for all damages to the CITY caused by the ENGINEERS' negligent performance of any of the services furnished under THIS AGREEMENT. The rights and remedies of the CITY provided for under THIS AGREEMENT are in addition to any other rights and remedies provided by law. ENGINEERS shall maintain and submit proof of comprehensive general liability, professional liability, worker's compensation, and automobile liability insurance in such amounts as required by Section X of THIS AGREEMENT. The ENGINEERS shall indemnify and save harmless the CITY and its agents, servants, employees and officers from all claims, loss, damage, injury, liability, costs and expenses of whatsoever kind or nature (including attorney's fees) caused by or resulting from the ENGINEER'S negligent performance of any of the services furnished under THIS AGREEMENT; and without limiting the generality of the foregoing, the same shall include injury or death to any person or persons and damage to any property, including that of the CITY. SECTION IV - OWNERSHIP OF DOCUMENTS It is understood and agreed by and between the parties hereto that all reports, studies, calculations, specifications, memoranda, estimates, computations, etc., produced by the ENGINEERS in the execution of THIS AGREEMENT, shall become and remain the property of the CITY upon termination of completion of the work and the CITY shall have the right to use same for any public purpose without compensation to the ENGINEERS other than as hereinafter provided. SECTION V - COMMENCEMENT OFWORK Engineering services to be performed by the ENGINEERS in accordance with THIS AGREEMENT shall begin within five (5) days after receipt of official notice from the CITY to proceed with the work. SECTION VI - GENERAL 1. The ENGINEERS shall attend such conferences during "any phase of the work as may be requested by the CITY. The ENGINEERS warrant that they have not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEERS to solicit or secure THIS AGREEMENT, and that they have not paid or agreed to pay any person, partnership, corporation or other entity, other than a bona fide employee working for the ENGINEERS, any fee, commission, percentage, brokerage fees, gifts or any other consideration contingent upon or resulting from the award or making of THIS AGREEMENT. For breach or violation of this warranty, the CITY shall have the right to annul THIS AGREEMENT without liability, or in its discretion to deduct from THIS AGREEMENT price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. The ENGINEERS shall not engage the services of any person or person in the present employment of the CITY on any work covered by THIS AGREEMENT without written permission from the CITY. The ENGINEERS shall not sublet or assign all or any part of the work under THIS AGREEMENT without the prior written approval of the CITY and consent to sublet, assign or otherwise dispose of any portion of THIS WORK shall not be construed to relieve the ENGINEERS of any responsibility for the fulfillment of THIS AGREEMENT. · ~7 o6,'26 11: 20 '~602.- Z20 -~3199 S'VF_.RDRUP C~TION 432 NOR'£)t ~4th STREET SUITE 250 PHOENIX, ARIZONA 85008 (602) 231-8999 ~ .~~LECOPY COVER SHEET Job I! or BD ~;: ~~ SVERDRUP CORPORAY!0N Southwest Group Phone: (602) 231-8999 Telecopy: (602) 220-9199 (Cano~-Fax 710-Fully Automatic) No, of Pages (including Cover Sheet) Remarks: Ail questions in dispute under THIS AGREEMENT may be submitted to arbitration, if agreed to in writing by both parties to THIS AGREEMENT. The ENGINEERS shall comply with all federal, state and local laws and ordinances applicable to the work in effect on the effective date of THIS AGREEMENT. e The CITY shall assist the ENGINEERS by placing at their disposal all available information pertinent to the project as soon as practicable after request by the ENGINEERS for such information. The CITY reserves the right to terminate THIS AGREEMENT in whole or in part at any time, after providing the ENGINEERS fifteen (15) days advance notice in writing, at which time the ENGINEERS shall discontinue all work and services and, upon payment of all amount owed to the ENGINEERS, shall deliver to the CITY all records, or other data completed or partially completed, and these shall become and remain the property of the CITY. In the event of THIS AGREEMENT is so terminated, payment shall be made on the basis of the actual expenses incurred on the effective date of termination and unless termination is the .~e~cs~ of the ENGINEER'S breach, ENGINEER shall be paid actual expenses of demobilization and closing the job. 10. The ENGINEERS shall furnish to the CITY proof of a valid City of Virginia Beach business license, if applicable. 11. At the contract completion, or termination, all equipment, computer software and furnishings paid for by the CITY shall become property of the CITY. SECTION VII - CHANGES IN WORK No change in the character or extent of the work to be performed by the ENGINEERS and affecting the time or the compensation shall be made except by supplemental agreement in writing between the CITY and the ENGINEERS. The supplemental agreement shall set forth the proposed changes in work, extension of time for completion and adjustment of the compensation to be paid the ENGINEERS, if any. SECTION VIII - CLAIMS FOR EXTRA COMPENSATION In any case where the ENGINEERS believe extra compensation is due for work and services not clearly covered by THIS AGREEMENT or supplement thereto, the ENGINEERS shall promptly notify the CITY in writing of their intention to make claim for such extra compensation before they begin the work on which they base their claim. If such notification is not given, no claim for such extra compensation will be considered. Such notice by the ENGINEERS shall not in any way be construed as proving the validity of the claim. The claim must be considered by the CITY. In case the claim is found to be just, it shall be allowed and paid for as extra work in accordance with the terms of a supplemental agreement. The costs incurred by the ENGINEERS in preparing a claims shall be maintained in a separate account. Such account shall be clearly coded and identified, and shall be subject to audit by the CITY. These costs shall become a part of the claim and serve as documentation thereto. If the claim is allowed and paid, these costs shall become and be paid as a part of the claimed payment; if disallowed, the costs of preparing the claim will also be disallowed. If the claim is allowed and paid in part, the cost of preparation will be paid on a pro-rata basis. SECTION IX - DELAYS In the event of a substantial delay in progress of work due to facts other than results of the ENGINEERS' operation or actions, the maximum total compensation payable, net fee and schedules of completion will be subject to review upon request by the ENGINEERS or the CITY, accompanied by adequate substantiating data to justify a change. Any consideration given as a result of the above delays will be made on an individual basis with a study being made of the influencing factors at the time of each delay. SECTION X - INSURANCE The ENGINEERS shall, within ten (10) days from the date of acceptance of their proposal, file with the CITY certificates or policies of worker's compensation, professional liability, comprehensive general liability and automobile liability insurance, satisfactory to the CITY in compliance with the law, and in form and amount sufficient to properly protect the CITY and the ENGINEERS until final acceptance of the work. Each certificate or policy shall carry the provision that the CITY shall be given thirty (30) days prior written notice of any cancellation or material reduction in coverage. 2. The ENGINEERS shall carry workmen's compensation insurance as provided by Virginia state law. The ENGINEERS agree to secure and maintain in effect at all times during the period THIS AGREEMENT is in effect professional liability insurance at the minimum limits of one million dollars ($1,000,000.00). The ENGINEERS shall secure and maintain in effect at all time during the period THIS AGREEMENT is in effect comprehensive automobile liability insurance at the minimum limits of one million dollars ($1,000,000.00) combined single limit. Se The ENGINEERS shall secure and maintain in effect at all time during the period THIS AGREEMENT is in effect comprehensive general liability insurance, including contractural liability and products/completed operations coverage, at the minimum limits of one million dollars ($1,000,000.00). SECTION XI - PROGRESS SCHEDULE The Progress Schedule for this project is included in Section IV Exhibit 2 based upon notice to proceed on or before July 1, 1987. Progress meetings will be conducted weekly, schedules updated bi-weekly, and written progress reports prepared on a monthly basis. SECTION XII - COMPRIWSATION TO ENGINEERS Details of the estimated fee and supporting estimates are included in Exhibit 1. IN WITNESS WHEREOF, the parties hereto have executed and sealed THIS AGREEMENT as of the day and year first above written. SVERDRUP CORPORATION DATE: STATE OF ARIZONA I, , a Notary Public in and for the State of aforesaid, do hereby certify that William V. Sheppard, Vice President of Sverdrup Corporation, whose name is signed to the writing above, bearing date on , has acknowledged the same before me in the State aforesaid. Given under my hand this day of , 1987. My Commission expires NOTARY PUBLIC ATTEST: CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges Smith, City Clerk DATE: Thomas H. Muehlenbeck, City Manager DATE: - 49 - Item IV-G.8. RESOLUTIONS/ORDINANCES ADD-ON ITEM # 27711 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council ADOPTED: Resolution of the City Council of the City of Virginia Beach requesting the Department of Transportation to undertake all that is necessary, including title and legal work and appraisal of rights-of-way for the improvement of 3.070 miles of Virginia Beach Boulevard within Virginia Beach from 0.017 Mi. E. North Rosemont Road, Station 261+ 01.73 to 0.270 Mi. E. North Great Neck Road, Station-423+O0.O0 and designated as Route 58, Project 0058-134-101, PE-101, RW-203, C-503, B-602. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 49a - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION WHEREAS, the Virginia Department Of Transportation will prosecute a project for the improvement of 3.070 miles of Virginia Beach Boulevard within Virginia Beach from 0.017 Mi. E. North Rosemont Road, Station 261+01.73 to 0.270 Mi. E. North Great Neck Road· Station-423+00.00 and designated as Route 58, Project 0058-134-101, PE-101, RW-203, C-503, B-602. NOW, THEREFORE, BE IT of the City of Virginia Department Of Transportation necessary including title rights-of-way for the and legal work and improvement of 3.070 miles RESOLVED: that the City Council Beach hereby requests the Virginia to undertake to do all that is appraisal of of Virginia Beach Boulevard within Virginia Beach from 0.017 Mi. E. North Rosemont Road, Station 261+01.73 to 0.270 Mi. E. North Great Neck Road, Station-423+00.00 and designated as Route 58, Project 0058- 134-101, PE-101, RW-203, C-503, B-602 and does hereby authorize its City Manager to execute an agreement between the City of Virginia Beach and the Virginia Department Of Transportation for this purpose. Adopted by the Council Virginia, on July 13, 1987 of the City of Virginia Beach, · 1987. 07/13/87 \ordin\vbb.res CA-2357 Item IV-H. - 50 - CONSENT AGENDA ITEM # 27712 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council APPROVED in ONE MOTION ADD-ON Item 1.a, 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan,* John D. Moss,* Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Councilwoman Reba S. McClanan and Councilman John D. Moss VOTED a VERBAL NAY on Item IV-H.2. July 13, 1987 - 51 - Item IV-H. 1. a. CONSENT AGENDA ADD-ON ITEM # 27713 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council ADOPTED: RESOLUTION OF APPRECIATION to WILLIAM J. CASRMAN, JR. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 51a - RF~qOIAY~I~ C~ APPR~CIATIC~ TO ~i~I'T~I'J~ J. CAS~4AN, JR. C~i fonweal th; Virginia Beach is the largest and fastest growing city in the cutmunity; Growth has provided for a robust economy essential to a thriving WHEREAS, A modern and sophisticated transportation system forms the backbone for the efficient circulation of people and goods throughout the region which is vital to continued economic expansion; ~%S, William J. Cash~an, Jr. has been the City Transportation Planner since January 31, 1983 during a period in which rapid growth has placed increasing demands on the City's highly net~x)rk. Mr. Cashman has overseen a significant advancement in the establishnent of an overall transportation system in Virginia Beach through long-range planning and o~nputer assisted net~Drk analysis which has yielded greater efficiency in traffic circulation, capital improv~nent prograrmaing, state and regional coordination, and c~f,f~nity responsiveness; and, WHEREA~, Mr. Cashnan (aka "~he Gridlock ~uru") will be leaving the City's enplo~ent on July 17, 1987 in order to pursue opportunities in the private sector. ~, q~EREFORE, BE IT RESOLVED BY THE OOUNCIL OF THE CITY OF VI~SI/qIA BE~, ~INIA: that it pause in its deliberations to express appreciation to: W I LL I AM J. CASHMA~ J ~ for his devoted public service to the citizens of Virginia Beach and to wish him ~11 in all his future endeavors. Given ~ader our hands and seals this ~nirteenth day of July, Nineteen Pbndred Eighty-Seven ~M~YOR ~%YOR - 52 - Item IV-H.1. CONSENT AGENDA ITEM # 27714 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2-108 of the Code of the City of Virginia Beach pertaining to probationary period of employment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 52a - 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-108 OF THE CODE OF THE CITY OF VIRGINIA BEACH, PERTAINING TO PROBATIONARY PERIOD FOR EMPLOYMENT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-108 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Section 2-108. Probationary Period of Employment. The probationary period for employees (except for sworn police and fire) shall be the initial six (6) calendar months (or the hourly equivalent thereof for part-time employees) of employment following an original employment or reemployment and terminating on the employee's anniversary date. The probationary period for sworn police and fire personnel shall be twelve (12) calendar months of employment following an original employment or reemployment and terminating on the employee's anniversary date. However, the probationary period for all probationary employees shall be extended one pay period for every fifteen (15) consecutive calendar days a probationary employee is on injury leave, suspension, leave without pay, or sick leave status. Any salary change which may occur upon completion of the probationary period shall not become effective until the first day of the pay period following such completion. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of July , 1987. RMB/epm 07/07/87 CA-02346 \ordin\proposed\02-108.pro ,APPROVED AS~TO CONTENTS~ DEPARTMENT APPROVED.A$..,T© LEGAL - 53 - Item IV-H.2. CONSENT AGENDA ITEM # 27715 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2-213(b) of the Code of the City of Virginia Beach pertaining to investigation, settlement and adjustment of claims against the City. Councilwoman McClanan and Councilman Moss expressed concern relative this Ordinance and requested this policy be reviewed, perhaps SCHEDULED for the September Agenda with a comparison to other cities. Vice Mayor 0berndorf requested a full BRIEFING by Staff in September relative this Ordinance and its implications. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan* and John D. Moss* Council Members Absent: None *Verbal Nay July 13, 1987 - 53a - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-213(b) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO INVESTIGATION, SETTLEMENT AND ADJUSTMENT OF CLAIMS AGAINST THE CITY BE IT ORDAINED BY THE CITY VIRGINIA BEACH, VIRGINIA: That Section 2-213(b) of Virginia Beach, Virginia, is hereby follows: Section 2-213. Responsibility as management programs; COUNCIL OF THE CITY OF the Code of the City of amended and reordained as to insurance investigation; and risk settlement and adjustment of claims against city. (a) The director of finance shall be responsible for the development, administration and operation of the city's corporate insurance, self-insurance and risk management programs. (b) The director of finance or his duly authorized representative ~s-a~h~e~-~--~mves~a~eT--se~e--a~-a~s~ shall have the authority to investigate, adjust, compromise and settle claims and to authorize the investigation, adjustment, compromise and settlement of claims against the city7. Any payment for investigation, adjustment, compromise and/or settlement of claims against the city w~h-~he-a~a~-~-~he e~-ae~ey?--A~-s~eh-se~eme~e shall be taken from the self- insurance fund and other funds provided by the city council~ Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of July , 1987. 36 JAR/lmt 01/06/87 04/07/87 CA-87-02112 (\ordin\proposed\02-213.pro) APPROVED AS TO cONTENT - 54 - Item IV-H.3. CONSENT AGENDA ITEM # 27716 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 33-111 of the Code of the City of Virginia Beach pertaining to street closures. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 54a - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 Requested by: The Office of Budget and Evaluation AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-111 OF THE CITY CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO STREET CLOSURES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-111 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 33-111. Fee for processing application and viewers' services. A fee of ~me--h~-~d two hundred fifty dollars f$~58veS~ ($250.00) shall be paid to the city for the processing of an application and for the viewers' services regardin~ said application for the vacation of any street or alley se~m-~5v~-B64-~f-~e-~°~Ze-~)~--~i~'~i-n-i-~. The planning director or his authorized representative shall not accept any application unless such fee be paid at the time the application is filed. This ordinance shall be effective upon the date of Adopted by the Council of the City of Virginia Beach, 13th day of July · 1987. adoption. Virginia on State law references - Code of Virginia, 364.1. DSH/epm 04/13/87 05/06/87 CA-02229 ~ordinkproposed~33-111.PRO §15.1-364 and §15.1- AyyKOVED ~A~) CONTF..NTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNE'; CITY OF VIRGINIA BE~CH, VIRGINIA FISCAL Il{PACT STATEHI~F~ - OPERATING BU])GE~ ITEMS FOR THE FIVE FISCAL YEARS ~NDING JUNE 30, 1987 THROUGH 1991 1. Description: Amendment to City Code Section 33-111 to reflect State Code Recommendations. 2. Requested By: Office of Budget and Evaluation 3. Fund Affected: 002 4. Fiscal Impact Analysis: a. Number of Personnel: Full-time Equivalents b. Costs: Personnel Fringe Benefits Other Operating Costs Capital Costs Total Costs Less: Deductions Net Impact to Fund c. Anticipated Revenues FISCAL YEARS 1987 1988 1989 1990 1991 Five-Year 1 2 3 4 5 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 300 2,000 2,000 2,000 2,000 8,300 5. Affect on Ending Balance of Fund: N/A Balance Beginning of Year: Adjustments to Date: Amended Balance to Date: Balance as a Result of this Action: Comments: Presently, City Code Section 33-111 appears to confuse State Code Sections 15.1-364 and 15.1-364.1. In doing so, the City Code does not accurately reflect the enabling legislation for viewer compensation. Amending the City Code will provide an additional $100 per application to offset the cost of providing viewers' services. - 55- Item IV-H.p. CONSENT AGENDA ITEM # 27717 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council ADOPTED upon SECOND READING: Ordinance to accept and appropriate $992,000 to the Water and Sewer Capital Projects Fund to allow for the engineering design of nine (9) neighborhood water projects. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None -55a- AN ORDINANCE TO APPROPRIATE $992,000 TO TH~ WATER AND SEWER CAPITAL PROJECTS lrU'ND TO A].~)W FOR THE ENGIN~.~ING DESIGN OF NINE NEIGHBORHOOD WATER PROJECTS WHEREAS, on February 10, 1986 City Council adopted a resolution which reduced the required participation for a neighborhood water petition project from 75% to 51%, and WHEREAS, nine additional neighborhoods including: Linkhorn Estates, Bells Road, Stewart Drive, River Road, Shorehaven, Dwyer Road, Weaverville, Alanton, and Bellamy Manor have obtained the necessary 51% requests for water service, and WHEREAS, in order to proceed with engineering design of the projects it will be necessary to appropriate $992,000 from the Water and Sewer Fund to the various project accounts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $992,000 from the Water and Sewer Fund are hereby appropriated to the water and sewer capital project fund to allow for the engineering design of nine neighborhood water projects. This ordinance shall be in effect from the date of its adoption. 13 Adopted by The Council of the City of Virginia Beach, Virginia on the day of July , 1987. FIRST READING: SECOND READING: July 6, 1987 July 13, 1987 - 56- Item IV-H.5. CONSENT AGENDA ITEM # 27718 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council ADOPTED upon SECOND READING: Ordinance to accept and appropriate $180,000 to Project #6-945, Larkspur Sewer, for engineering design. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 1~. lqa7 -56a- AN ORDIlqANCE TO APPROPPJ3~TE $180,000 TO PROJECT #6-945 LARKSPUR SEWER FOR ENG~G DESIGN WHEREAS, the current Capital Improvement Program includes Larkspur water and sewer projects presently scheduled for construction in fiscal years 1987 and 1992 respectively, and WHEREAS, the Department of Public Utilities presently has on file sewer service requests from 64% of the property owners within the sewer service area while the water project was previously authorized and funded under the 51% Neighborhood project criteria, and WHEREAS, the concurrent installation of city water and sewer will prevent disruption of the neighborhood twice and will result in cost savings to the city, and WHEREAS, to allow for the engineering design of the sewer project it will be necessary to appropriate $180,000 from the Water and Sewer Fund to the project account. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $180,000 is hereby appropriated from the Water and Sewer Fund to project #6-945 Larkspur Sewer for engineering design. This ordinance shall be in effect from the date of its adoption. 13 Adopted by The Council of the City of Virginia Beach, Virginia on the day of July , 1987. FIRST READING: SECOND READING: July 6,~ 1987 July 13; 1987 - 57 - Item IV-H.6. CONSENT AGENDA ITEM # 27719 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council ADOPTED: Ordinance to transfer $25,000 from Capital Project ~3-714 Little Neck Area Library to Project ~3-912 Stumpy Lake Fire Station. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 -57a- AN O~)INANCE TO TRANSFER $25,000 FROM CAPITAL PROJECT #3-714 LITTLE NECK AREA LIBRARY TO PROJECT #3-912 STUMPY LAKE FIRE STATION WHEREAS, the Stumpy Lake Fire Station appeared in the 1986-91 Capital Improvement Program as a two bay fire station, and WHEREAS, this structure was originally designed to be utilized only by the Fire Department, and WHEREAS, it was recently determined that there was a need for a rescue squad to be stationed there as well, and WHEREAS, engineering services that were not included in the original design estimate, such as soil data analysis and topographical studies, are needed, and WHEREAS, the aforementioned items will require a $25,000 increase in the design estimates, and WHEREAS, the additional funding needed for design may be provided by transferring $25,000 from project #3-714 Little Neck Area Library project which is currently inactive. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the scope of the project be expanded to include an additional 1000 square feet for the rescue squad vehicles and personnel and to allow for required engineering services, and BE IT FURTHER ORDAINED that funding in the amount of $25,000 be transferred from project #3-714 Little Neck Area Library to project #3-912 Stumpy Lake Fire Station for expansion of the project. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of July , 1987. CSR/4 PARKS - 58 - Item IV-H.7. CONSENT AGENDA ITEM # 27720 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council ADOPTED: Ordinance to transfer $23,000 within the FY 1986-87 Operating Budget of the Department of Public Works to purchase two pick-up trucks. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13. 1987 - 58a - AN ORDINANCE TO TRANSFER $23,000 WITHIN THE FISCAL YEAR 1986-1987 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC WORKS TO PURCHASE TWO PICK-UP TRUCKS WHEREAS, the fiscal year 1986-1987 Operating Budget includes $28,000 for the lease/rent of two pick-up trucks to meet the demand of transporting personnel and equipment to various signal installation and maintenance sites throughout the city, and WHEREAS, after a staff investigation into the lease/rent of trucks found that it would be cheaper to acquire the vehicles, and WHER~S, two pick-up trucks are necessary to carry out the work plan of the Department of Public Works' Division of Traffic Engineering, and WHEREA~, funds in the amount of $23,000 are available from the Department of Public Works' fiscal year 1986-1987 Operating Budget to purchase the two pick-up trucks. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $23,000 are to be transferred within the fiscal year 1986-1987 Operating Budget of the Department of Public Works to purchase two pick-up trucks. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of July , 1987. - 58b - CITY OF VIRGINIA BEACH, ~rIRGINIA FISCAL IMPACT STATEMENT - OPERATING BUDGET IT~14S FOR THE FIVE FISCAL YEARS ENDING JUNE 30, 1987 THROUGH 1991 1. Description: 2. Requested By: Acquisition of two additional pick-up trucks for the Public Works Department, Division of Traffic Engineering. Department of Public Works 3. Fund Affected: 4002 4. Fiscal Impact Analysis: a. Number of Personnel: Full-time Equivalents b. Costs: Personnel Fringe Benefits Other Operating Costs Capital Costs Total Costs Less: Deductions Net Impact to Fund c. Anticipated Revenues FISCAL YEARS 1987 1988 1989 1990 1991 Five-Year 1 2 3 4 5 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6,640 6,972 7,320 7,687 28,619 23,000 0 0 0 0 23,000 23,000 6,640 6,972 7,320 7,687 51,619 0 0 0 0 0 0 0 6,640 6,972 7,320 7,687 28,619 0 0 0 0 0 0 5. Affect on Ending Balance of Fund: N/A Balance Beginning of Year: Adjustments to Date: Amended Balance to Date: Balance as a Result of this Action: Comments: Other operating cost include Motor Vehicle maintenance and fuel charges as well as, risk management charges estimated at approximately $6,640 per annum and inflated at 5 percent per year following the first year of operation. - 59 - Item IV-H.8. CONSENT AGENDA ITEM # 27721 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council ADOPTED: Ordinance granting a franchise to Kona Koast Corporation to operate an Open Air/Boardwalk Cafe' and authorizing and directing the City Manager to execute a franchise agreement, subject to the conditions contained and/or referenced herein. Voting: Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13. 1987 - 59a - 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE GRANTING A FRANCHISE TO KONA KOAST CORPORATION TO OPERATE AN OPEN AIR/BOARDWALK CAFE' AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN WHEREAS, the City has adopted regulations for the operation of open air cafe's on public property along the boardwalk and on stub street parks; and WHEREAS, Kona Koast submitted an application Corporation (t/a Kona Kafe) has for the operation of an open air/boardwalk cafe' and has paid the application fee; and WHEREAS, the representations made in the application comply with the aforementioned regulations; and WHEREAS, City Council has been advised by the Office of the City Manager that the proposed cafe' would have no detrimental effects on the public health, safety, welfare, or interest. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a Franchise is hereby granted to Kona Koast Corporation (t/a Kona Kafe) to operate an open air/boardwalk cafe' at 1800 Atlantic Avenue, Virginia Beach, Virginia, 23451, from July 15, 1987, to April 30, 1988, and that the City Manager is hereby authorized and directed to execute a Franchise Agreement with the Franchisee, conditioned on provision by the Franchisee and acceptance by the City of an approved final site plan, liability insurance coverage, a surety bond, the applicable Franchise fee, and on such other conditions as are required by the aforementioned regulations and the Franchise Agreement. This Ordinance shall be effective upon the date of its adoption. Adopted this 13 day of July , 1987, by the Council of the City of Virginia Beach, Virginia. RMB/dga 7/7/87 kona.ord - 60 - Item IV-H.9. CONSENT AGENDA ITEM # 27722 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council ADOPTED: Ordinance appointing viewers in the petition of Pace Construction Corporation for closure of a portion of Back Acres Road (Lynnhaven Borough). The Viewers are: David Grochmal C. Oral Lambert Robert J. Scott Director of General Services Director of Public Works Director of Planning Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 -60a- DAVID ^. MILL£~.. II~..P.C. ORDINANCE APPOINTING VIEWERS WHEREAS, Pace Construction and Development Corp., a Virginia corporation, has given due and proper notice in accordance with the statutes for such cases made and provided, that it will on the 13th day of July, 1987 at 2:00 p.m., 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 discontinuing and closing of the hereinafter described undeveloped street and have filed application with said Council. NOW, THEREFORE, be it ORDAINED by the City Council of the City of Virginia Beach, Virginia that C. 0ral Lambert, Jr. David Grochmal and Robert J. Scott are hereby appointed to view the below-described property and report in writing to the Council on or before , 1987, whether in their opinion any, and if any, what inconvenience would result from the discontinuing, closing and vacating of a portion of that certain unimproved street, 30 feet wide, known as Back Acres Road, located in the Lynnhaven Borough of the City of Virginia Beach, Virginia, and more particularly described as follows: -60b- Ail that certain parcel of land lying immediately south of Wayman Lane; immediately east of Lot 1 and immediately west of Lot 18, all as shown on the plat showing the undeveloped portion of Back Acres Road to be vacated, abandoned & discontinued as a public right-of-way, and being more particularly bounded and described as follows: Beginning at the Northeast Corner of the above described Lot 1, as shown on the aforesaid plat and from said point of beginning running N 78° 14' 27" E, a distance of 30 feet, thence turning and running S 11° 45' 33" E, a distance of 486.70 feet, thence turning and running S 27° 46' 6" W, a distance of 47.14 feet, thence turning running N 11° 45' 33" W a distance of 523.06 feet to the point and place of beginning of the description of the land conveyed herein and being shown as "Back Acres Road (30 feet r/w) (undeveloped)" on the attached physical survey. ADOPTED: July 13, 1987 DAVID A. MILLER., IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN UNDEVELOPED STREET KNOWN AS BACK ACRES ROAD, SHOWN UPON THE PLAT ENTITLED "PLAT SHOWING THE UNDEVELOPED PORTION OF BACK ACRES ROAD TO BE VACATED, ABANDONED AND DISCONTINUED AS A PUBLIC RIGHT OF WAY, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA." PETITION TO: The Mayor and the Members of the Council of the City of Virginia Beach, Virginia Your Petitioner, Pace Construction and Development Corp., by its attorney, David A. Miller, Jr., respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing and discontinuance of a portion of a certain undeveloped street which is more particularly described as follows: DAVID A. I~ ILL£ R., ;P~..P.C. Ail that certain parcel of land lying immediately south of Wayman Lane; immediately east of Lot 1 and immediately west of Lot 18, all as shown on the plat showing the undeveloped portion of Back Acres Road to be vacated, abandoned & discontinued as a public right-of-way, and being more particularly bounded and described as follows: Beginning at the Northeast Corner of the above described Lot 1, as shown on the aforesaid plat and from said point of beginning running N 78© 14' 27" E, a distance of 30 feet, thence turning and running S 11© 45' 33" E, a distance of 486.70 feet, thence turning and running S 27© 46' 6" W, a distance of 47.14 feet, DAVID A. MILLER, IR.,P. C. thence turning running N 11° 45' 33" W a distance of 523.06 feet to the point and place of beginning of the description of the land conveyed herein and being shown as "Back Acres Road (30 feet r/w) (undeveloped)" on the attached physical survey. 2. That no inconvenience will result to any persons by reason of the said closing of said street, and the Petitioners pray that this Honorable Council appoint Viewers as provided by law to view this portion of undeveloped street proposed to be closed, and to report in writing to the Council on or before the 13th day of July, 1987, whether, in the opinion of the said Viewers, and if any, what inconvenience would result from the discontinuance and closing of said portion of street heretofore described. 3. That on the 16th day of June, 1987, and again on the 23rd day of June, 1987, Notices of the presenting of this Application were published in The Virginian-Pilot, 150 West Brambleton Avenue, Norfolk, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the plated street are the Petitioners herein, Katherine L. Foskett McCloud and Carlyle T. McCloud, Lot 1 and Quentin J. and Mary F. Zellers, Lot 18. 2 DAVID A, MILLER., ~R,~P.C. Respectfully submitted 1987. this ~day of~ PACE CONSTRUCTION AND DEVELOPMENT CORP., a Virginia corporation By: ' Of Counsel David A. Miller, Jr., Esq. DAVID A. MILLER, JR., P.C. 2809 South Lynnhaven Road Reflections One, Suite 330 Virginia Beach, Virginia (804) 498-3434 23452 DAVID A. MILLEF<, IF<., P. C. ATTORNEY AT LAW SUITE 330, REFLECTIONS ONE 2809 SOUTH LYNNHAVEN ROAD VIrGiNIA BE/~CI-I, VlI~GINIA 23452 TELEPHONE {804) 498-3434 CERTIFICATE OF VESTING OF TITLE I, David A. Miller, Jr., attorney for Pace Construction and Development Corp., a Virginia corporation, do hereby certify that: 1. I am an attorney-at-law and represent Pace Construction and Development Corp., a Virginia corporation, 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 the adjacent landowners. 3. The said property referred to herein is hereby described as follows: Ail that certain parcel of land lying immediately south of Wayman Lane; immediately east of Lot 1 and immediately west of Lot 18, all as shown on the plat showing the undeveloped portion of Back Acres Road to be vacated, abandoned & discontinued as a public right-of-way, and being more particularly bounded and described as follows: Beginning at the Northeast Corner of the above described Lot 1, as shown on the aforesaid plat and from said point of beginning running N 78° 14' 27" E, a distance of 30 feet, thence turning and running S 11° 45' 33" E, a distance of 486.70 feet, thence turning and running S 27° 46' 6" W, a distance of 47.14 feet, thence turning running N 11° 45' 33" W a distance of 523.06 feet to the point and place of beginning of the description of the land conveyed herein and being shown as "Back Acres Road (30 feet r/w) (undeveloped)" on the attached physical survey. DAVID A. MILLER, JR., P. C. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 5th day of June, 1987, by David A. Miller, Jr., Attorney for Pace Construction and Development Corp., a Virginia corporation. Notary Public I My commission expires: State of Virginia AFFIDAVIT City; of Norfolk to-wit: This day IINA S.AW% g,~R appeared before me and after being duly sworn made oath that: (1) (He) (She) is affidavit clerk of VIRGINIAN pILOT & LEDGER STAR a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed of NOTICE has been published in said newspaper on the following dates: personally Subscribed and sworn to before me in my city and state aforesaid this 25thday of JUNE 19 87 My commission expires My Commission Expires May 20, 1991 19 ,"~~ q '~ J ~' Notary Public NOTICE PLEASE TAKE NOT CE, thai at Ihe meetlr, g at Ihe Clly Council of the CIIy uf Vlrg n a ~,eacl% Vir- ginia, to be held on Ihed31h day of July, 198~**, at 2:0e p m, al the ' Clly Hall of Ibe CIIy of V rglnl( Beach, Princess Anne Station Ih undersigned will Pal I on Ih~ council tar lbo appelnlment of Viewers to view lhe'below.de. scribed 'porlion at thai cerlaln streel and report to lhe CIIy Council whether In lhe o~lnlon of file Viewers, what, If any, Incon- venience would resu t from lhe vacallng, closing and dlsconflnu. once at some, the so d porllon at said slreel being described as Iol- Wws: All thai car a n Porte lng Immediately sooth of Way- man Lane; immediately east of' Lot 1 and Immedlalely wesl of i Lot lB, oll as shown On the plat showing Ihe undeveloPed porllon Of Back Acres Rood Io be vacat- ed, abandoned & discontinued as a public right-al-way, which plot Is recorded in Ihe attire al tile Clerk al the Clrcu I Courl at the Clly of Vlrglnlo Beach, Virginia, in Map Book 4, al page lh peri 2, and being more particularly bounded and described follows: Beginning al Ihe Narlbeosl Cor- ner at the above described Lol 1, ' Os shown on lhe aforesaid plot and from said polnl of beginning running N 7B degrees 14' 23" E, a distance of 30 feel, thence turn ng and running S 11 degrees 45" 33" E, a dlslance of 48670 feet, thence lumina and running S 27 degrees 46' 6" W, a distance of 47.14 feet, thence lumina running N II degrees 45' 33" W a distance o! S23.06 feel to the polnl and place of beginning. All lhe above, as shown upon thai cerlaln plal en Iliad 'Plal Show- lng the UndeveloPed Portion Of Back Acres Rood Io be Vacated, ~ Abandoned and DIsconllnued as a Public Right of Way, Lynnhaven Borough Vlrg n a Beac I, Virgin. ia", made by Cenlerllne Asso* clatos, Lid.,. ,Surveyor, doled April 22, 1987/ Al Ihot time, anyone affected may aPPear and presenl his · views. Allot the report al lbe Viewers Is received, gl Ihe nexl regular meellng of lhe Clly Council, or as soon lberoofler as the molter rrmy be placed on the agenda, the undersigned will Pet t on the Clly Council to vacate, close and dis- continue Ihat Portion of Back Acres Road In the City al V rgn a Beach, Virginia, described above. PACE CONSTRUCTION AND I DEVELOPMENT CARP, a VIr- J glnla corporation . I By: David A. Miller, Jr, at Coonsel . I David A. Miller Jr. " DAVID A. M LLER, JR, P,C. ' I 2809 Sou h Lynnhaven Road J ¥ Reflecllons One, Su le 330 ' · Virginia Boochf Virginia 23,152 / I NOTICE PLEASE TAKE NOTICE, that al lbo meeting of lhe ¢llyCoun¢ll al Iho CJly al Virginia Beach, Vlr. glnla, lobe held on tho 13Ih day al .July 19~'7 at 2;0~ p.m., al lhe City Hall of Ihe Clly of Virginia Beach, Princess Anne Station, the undersigned will petlllm't the council for me oppolnlmenl of Vlewere to view lbo below-de- scribed porlloo al thai cerlaln streel and reporl Io the City Council wbelher In the opinion of the Viewers, whal, If any, Incon. venlence would result from lbo vacating, closing and discontlnu. ante of same, the said porllon said slreet being described as fal- lows: ' · All thai certain parcel al land ly- Ing Immediately soolh al Way- man Lane~ Immediately eosl al Lol I and Immediately west Lot 18, oil as shown on the plal showing the undeveloPed portloet of Back Acres Rood fo be vacat- ed, abandoned & discontinued as a public right-of-way, which plat is recorded in the Office of Ihe Clerk at lbo ClrcuII Coors o! the Clly of Virginia Beach, Virginia, In Map Book 4 al page Ih peri and being more particularly bounded and described follows: Beginning at the Norlheast Car. nar of lhe above described Lot 1, os shown on the aforesaid plat anp tram sold point of beginning ruhnlng N 78 degrees 14' 23" E, a dlslance of 30 feet, thence turning and running S II degrees 45" 33"! E, a distance al 486.10 feet, thence turning and running degrees 46' 6" W, o distance at 47.t4 feet Ihence turning running N 11 degrees 45' 33" W a distance at 523.06 feet to the polnl and place of beginning. All lbe above as shown upon lhal cerlaln plot entitled "P al Show. ~'lng the Undeveloped Portion of Back Acres Rood to be Vacated, Abandoned and Discontinued as a Public Right al Way Lynnhavon Borough, Virginia Beach, Virgin- la", made by Centerll~e oldies, Lid., Surveyor, doled April 22, 1987. ' ' Al thai lime, anyone atlected may aPPear and presenl views. After lhe report of Ihe Viewers Is received, al the next regular meeting of the City Council, or as soon lherealler as Ibe mailer may be placed an the agenda, the ' undersigned will Petition lbo City ', Council lo vacate, close and dJs- coollnue thai portion of Back · Acres Road In the City at Virginia , Beach, Vlrglnla~ descr Ibed above. PACE CONSTRUCT ON - AND DEVELOPMENT CORP,,'a Vir- ginia corporation ~.. ~. :'. y: David A, Mlller/~Jr, . Of Counsel " ~, David A. Miller, Jr. DAVID A. MILLER, JR:, P.C, 2809 Sooth Lvnnhaven Rood Reflections One, Suite 330 *-~ Virginia Be~ch, Virginia 23452 LOT 2 N 78° 14' 27"E APPROVED: DIRECTOR OF PLANNING WAYMAN LANE {'50') DATE: LOT I KA THER INE L. FOSKETT (D. 8.11:16, Pa. 5'~9) % z LOT 18 QUENTIN d. ~i MARY F'. ZELLERS (D.B. 679, PG. 299) DENOTES AREA OF R/W TO BE VACATED. AREA = 15147,502 SQUARE FEET 46C -87302 l~.,~r~ E NTE RLI N E ASSOCIATES, ,/% I(md * [ngm~e~lng * Con,lruction Surv.y[ng 36~6 South Plaza Trail LTD. PG. PG /i// PACE CONSTRUCTION CORP. Street Closure ~ Back Acre~ Road Lynnhaven Borough - 61 - Item IV-H. 10. CONSENT AGENDA ITEM # 27723 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council ADOPTED: Ordinance Authorizing Tax Refunds in the amount of $8,055.76 upon application of certain persons and upon Certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 13, 1987 - 61a - FoRM .o, c.^. 7 6/22/87 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid Ernest R Brock 86 RE(l/2} 10726-9 4/29/87 279.35 Ernest R Brock 86 RE(2/2) 10726-9 4/29/87 267.08 Harris Freeman 81 RE 26271 5/22/87 167.20 Harris Freeman 82 RE 26996-2 5/22/87 165.38 Harris Freeman 83 RE 28061-7 5/22/87 186.89 Lawrence B & Alice 8urleson 87 RE(l/2) 14326-4 5/12/87 140.46 Richard C & Dorothy Belton 87 RE(l/2) 38820-4 ~/2/87 46.31 Werber Biggs Associates 87 RE(l/2) 110225-2 3/13/87 226.76 Lomas & Nettleton 87 RE(l/2) 62811-5 2/9/87 500.24 Kay L Kabler 84 RE(l/2) 45716-9 12/5/83 410.40 Kay L Kabler 84 P,E(2/2) 45716-9 6/5/84 410.40 Kay L Kabler 85 RE(l/2) 48080-0 12/5/84 597.60 Kay L Kabler 85 RE(2/2) 48080-0 6/5/85 597.60 Kay L Kabler 86 RE(l/2) 50993-1 12/5/85 597.60 Kay L Kabler 86 RE(2/2) 50993-1 6/5/86 597.6n. James H Gregory 84 RE(l/2) 33941-2 11/28/83 24.00 James H Gregory 84 RE(2/2) 33941-2 5/25/84 24.00 James H Gregory 85 RE(l/2) 36388-4 12/3/84 24.00 James H Gregory 85 RE(2/2) 36388-4 6/5/85 24.00 Margaret E Saunders 87 RE(2/2) 92516-0 5/6/87 6.34 Estate of Pauline B Battley 84 RE(l/2) 5q73-0 12/5/83 66.93 Estate of Pauline B Battley 84 RE(2/2) 5073-0 6/5/84 66.93 Estate of Pauline B Battley 85 RE(l/2) 5426-3 12/5/84 72.07 Estate of Pauline B Battley 85 RE(2/2) 5426-3 6/5/85 72.07 Estate of Pauline B Battley 86 RE(l/2) 5851-6 12/5/85 77.22 Estate of Pauline B Battley 86 RE(2/2) 5851-6 6/5/86 77.22 Wilcox & Baird 87 RE(2/2) 96012-0 4/3/87 54.06 Life Savings Bank 87 RE(l/2) 61235-5 12/5/86 236.94 Edmond H & Joanne Johnson 84 RE(l/2) 44370-9 12/5/83 10.00 Edmond H & Joanne Johnson 84 RE(2/2) 44370-9 6/5/84 10.00 Edmond H & Joanne Johnson 85 RE(l/2) 46644-3 12/5/84 10.00 Edmond H & Joanne Johnson 85 RE(2/2) 46644-3 6/5/85 lO.O0 Edmond H & Joanne Johnson 86 RE(l/2) 49405-5 12/5/85 12.00 Edmond H & Joanne Johnson 86 RE(2/2) 49405-5 6/5/86 12.00 Melvin T & Leanna Owens 87 RE(2/2) 79719-2 5/19/87 9.64 Gerald J Brown 82 PP 15953-4 7/25/86 99.47 Scott D Banks DC 85 PP 8126-9 61951 6/5/85 769.02 Sylvia C Hood 86 PP 78347-4 61564 7/14/86 67.67 Heber H Himmelwright 86 PP 203699-1 61745 11/21/86 117.12 Laurence S Currie 87 PP 39754-1 61720 5/22/87 45.11 Lucian Col ley 86 PP 31937-9 61728 1/20/87 10.41 Scott D Banks DC 86 PP 184(391-7 61950 12/5/86 791.82 Don F Morris 87 PP 12~797-8 61907 6/5/87 59.85 Penny Brown 87 Dog V14254 This ordinance shall be effective from The above abatement(s) totaling $8,055.76 were approved by the Council of the City of Virginia Beach on the 13 day of July, 1Q87 Ruth Hedges Smith City Clerk date of adoption. 5/27/87 5. O0  Total 8,055.76 J[ in T. A)kinson, T~easurer ~'~ Ap ,roved as to ferry) (~Dale'~imson, Cit'~ Attorney ' ~ ' - 62 - Item IV-J.1 NEW BUSINESS ITEM # 27724 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council CANCELLED two (2) City Council Meetings: September 7, 1987 (LABOR DAY) September 28, 1987 (VIRGINIA MUNICIPAL LEAGUE) Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker* and John L. Perry Council Members Voting Nay: John D. Moss Council Members Absent: None *Veral Aye July 13, 1987 - 63 - Item IV-J.2 NEW BUSINESS ITEM # 27725 INTERIM FINANCIAL STATEMENTS for the Period July 1, 1986, through May 31, 1987 were distributed to City Council and are hereby made a part of the record. July 13, 1987 - 64 - Item IV-J.3 NEW BUSINESS ITEM #27726 ADD-ON Councilman Moss advised on July 31, 1987 at MIDNIGHT, the Virginia Beach CONFLICT OF INTEREST Ordinance ~XPIRES and the State Ordinance becomes effective which automatically covers City Council. However, it is the option of this City Council to decide whether or not to require any other City employees or subordinates of the City Council to disclose their interests. Councilman Moss requested the City Attorney prepare an amendment to encompass all those positions presently exisiting in the City's CONFLICT OF INTEREST Ordinance. Councilman Moss requested same be SCHEDULED for the City Council Agenda of August 10, 1987 July 13, 1987 - 65 - Item IV-J.4 NEW BUSINESS ITEM #27727 ADD-ON With reference to the Commonwealth of Virginia's intent to require purchase of portion of the Camp Pendleton Property, the City Manager advised the July 15, 1987 DEADLINE had been extended by the State to August 20, 1987. This will afford the opportunity for discussions before the City responds formally to the State regarding CAMP PENDLETON and the other areas. July 13, 1987 - bb - Item IV-K. ADJOURNMENT ITEM # 27728 Upon motion by Councilman Moss and BY ACCLAMATION, City Council ADJOURNED the Meeting at 7:15 P.M. Beverl~b. Hooks Chief Deputy City Clerk ~R~th Hodges~Smith, CMC City Clerk City of Virginia Beach Virginia Julv 1~. lq~7