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HomeMy WebLinkAboutFEBRUARY 9, 1981 MINUTES Cit@c>f N7ir-wi@i@ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR J. HENRY M@COY JR., D.D.S., B --- Rb VICE-MAYOR HAROLD IIEISCHOBER. A, L.,g, JOHN A. BAUM, Bi.@k-,., B .... gi, P. REID ERVTN, A, L.,g, BARBARA M. HENLEY. P..g. 8.... gb CLARENCE A. HOLLAND. N.D.. B.y.id. S.@.gb W. H. KITCHIN. Iii, Vi,gi.i. B-,b B.@.Bb REBA S. M,CLANAN. P,i.@..@ A... B .... gb DONALD W. MERRICK, Ly.@h..- B...Rb MEYERA E. OBERNDORF, A, L.,g, 212 CITY HALL BUILDING PATRICK L. STANDING, A, L.,g. MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 RUTH HODGES SMITH. Cily Cl.,k (804) 427-4303 CITY COUNCIL AGENDA February 9, 1981 ITET-1 I INFORMAL SESSION 12:30 p.m. A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR. B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. 3. Flag Lots Reviewed an a Variance Basis During 1980: Presentation by Mr. Robert Scott, Director of Planning Department. 4. Safety Recommendations for Senior Citizen Housing: Discussion. 5. Ordinance Regulating Peddlers Who Sell From Motor Vehicles: Discussion of proposed ordinances. ITEM II FORMAL SESSION 2:00 p.m. A. INVOCATION: Reverend H. Ray Berry Virginia Beach Free Will Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of February 2, 1981. E. PUBLIC HEARINGS 1. Public Hearing considering an Ordinance upon appli- cation of Atlantic Permanent Savings and Loan Association, Inc. to agree to amendment of restric- tive covenants regarding change of zoning. 2. Public Hearing considering an ordinance to amend and reordain Section 34-50.1 of the Code of the City of Virginia Beach, Virginia, relating to taxicab rates and charges. F. CONSENT AGENDA 1. Appointment of Viewers in the application of Office Park Associates for the closure of a portion of Cranston Lane (Lynnhaven Borough). 2. Bingo/Raffle permits: Aragona-Pembroke Little League Kehillat Bet Hamidrash Synagogue Plaza Junior High Marching Trojanettes Parents' Association, Inc. Knights of Columlius #4632 Timberlake Community Association Hampton Roads Youth Hockey Association Saint Matthews Catholic Church Chesapeake Bay Skating Club 3. An Ordinance, on second reading, to appropriate funds of $76,000 for an inventory and valuation of County and Kempsville Utilities, Inc. 4. An Ordinance, on , to appropriate funds to extend a specialized Mental Health Grant for emotionally handicapped students in the amount of $35,667. ITEM II F. CONSENT AGENDA 5. An Ordinance, on second reading, to appropriate $29,356 for payment for the Norfolk Adult Offender Transaction Statistics and Management Information System (TRACER) for the period January 1, 1980 through June 30, 1980. G. PLANNING ITEMS 1. Application of Hubert L. and Mona H. Dail for changes of zoning from R-3 Residential District to 0-1 Office on a 2.076-acre parcel AND, from R-2 Residential District to 0-1 Office District on a 4.247-acre parcel. This 6.313-acre site is lo- cated on the east side of Little Neck Road, north of Newcastle Road (Lynnhaven Borough). a. Letter from the City Manager transmits the re- commendation of the Planning Commission for approval. 2. Application of Hubert L. Dail for a conditional use permit for a private club on an approximate six-acre parcel located on the east side of Little Neck Road, north of Newcastle Road (Lynnhaven Borough). This is the same property proposed for rezoning in the preced- ing application. a. Letter from the City Manager transmits the re- commend.ation of the Planning Commission for approval. 3. Application of Texaco Inc. for a change of zoning from AG-2 Agricultural District to B-2 Community- Business District on a 1.186-acre parcel located at the northeast corner of Princess Anne and Landstown Roads (Princess Anne Borough). a. Letter from the City Manager transmits the recom- mendation of the Planning Commission for denial. 4. Application of Texaco, Inc. for a conditional use permit for a self-service gas bar and car wash on a 1.186-acre parcel located at the northeast corner of Princess Anne and Landstown Roads (Princess Anne Borough). This is the same property proposed for rezoning in the preceding application. a. Letter from the City Manager transmits the recom- mendation of the Planning Commission for denial. 5. ApplicatiQn of Texaco, Inc. for a conditional use permit for a self-service gas station and car wasb gn a .918-acre parcel located at the southeast corner of Great Neck Road and First Colonial Road (Lynnhaven Borough), a. Letter from the City Manager transmits the recom- mendation of the Planning Commission for approval. ITEM II G. PLANNING ITEMS 6. Application of Earl D. and Maria I. Reust for a conditional use permit for a home occupation (special order cakes) on a .287-acre parcel located on the west side of Earl of Chesterfield Lane, north of North Plantation Drive (Lynnhaven Borough). a. Letter from the City Manager transmits the recom- mendation of the Planning Commission for approval. 7. Application of Roy F. and Anne L. Ives for a'conditional use permit for a garage apartment on a .13-acre parcel located on the west side of Mediterranean Avenue, north of 12th Street (Virginia Beach Borough). a. Letter from the City Manager transmits the recom- mendation of the Planning Commission for approval. 8. Application of W. E. Beasley for a variance to Section 4.4(b) of the Subdivision Ordinance, which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. He wishes to subdivide this .97-acre site into two lots. The property is located on the south side of Little Neck Road, east of Harris Road. a. Letter from the City Manager transmits the recom- mendation of the Planning Comnission for approval. 9. Application of Joe L. Gilbert for a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordi- nance. He wishes to subdivide a 2.36-acre site into two lots. This property is located at the terminus of Back Cove Road. a. Letter from the City Manager transmits the recom- mendation of the Planning Commission for denial. The applicant wishes to withdraw this application. 10. An Ordinance to amend and reordain Arti6le 3, Section 302 of the Comprehensive Zoning Ordinance pertaining to height regulations; AND, an Ordinance to amend and reordain Article 4, Sections 402 and 412, of the Comprehensive Zoning Ordinance per- taining to height regulations. a. Letter from the City Manager transmits the recom- mendation of the Planning Commission for approval. 11. Application of Atlantic Permanent Savings and Loan for amendment of restrictive covenants recorded by agreement with City Council. ITEM II H. ORDINANCES 1. General a. An Ordinance declaring certain property excess and authorizing the City Manager to dispose of same. 2. City Code Amendments a. An Ordinance to amend and reordain Section 34-50.1 of the Code of the City of Virginia Beach, Virginia, relating to taxicab rates and charges. 3. First Reading a. An Ordinance, on first reading, to appropriate funds granted from the State Department of Mental Health and Mental Retardation (SDMH/MR) in the amount of $20,200 to Department of Health and liental Retardation. 4. Low Bid a. Low bid of M. E. Wilkins, Inc. in the amount of $38,370 for the Shenvalee Drive Water Main Project. I. APPOINTMENTS 1. Mental Health/Mental Retardation Services Board J. UNFINISHED BUSINESS 1. Discussion by Council re:architects/engineers. 2. A Resolution authorizing the City Manager to sign a Water Supply Agreement with the City of Chesapeake. K. NEW BUSINESS L. ADJOURNMENT 1. Motion to adjourn. "NO COUNCIL MEETING FEBRUARY 16, 1981 - HOLIDAY" M I N U T E S VIRGINTA BEACH CITY COUNCIL Virginia Beach, Virginia 9 February 1981 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., i-n the Conference Room, City Hall Building, on Monday, 9 February 1981 at Twelve Thirty in the afternoon. Council Members Present: John A. Baum, F. Reid E@, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Her=y McCoy, Jr., Donald W. Dtrrick, and @yera E. Oberndorf Council Members Absent: Patrick L. Standing ITEM #16215 Mayor McCoy entertained a motion to permit Council to conduct its EXECUTIVE SESSION following the INFORMAL SESSION for the purpose of discussing the following: 1. Discussion or consideration of the employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. (Personnel Matters). 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property). 3. Consultation with legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). 2- Upon motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to recess into EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vir-e @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Herm-y @Coy, Jr., Dc)nald W. @rrick, and Yjeyera E. Oberndorf Council Members Voting Nay: Ncne Council Members Absent: Patrick L. Standing - 3- M A T T E R S B Y C 0 U N C I L M E M B E R S PINEWOOD @ARDENS CIVIC LEAGUE ITEM #16216 Councilwoman Oberndorf made reference to a letter received from the Pinewood Gardens Civic League advising the League "feels that too much emphasis is being put on 'water for tourist' when, in fact, the tourists have compounded our lack of water". It was requested Council respond to the letter as soon as possible. SANDBRIDGE ROAD ENTERPRISES ITEM J16217 Councilwoman McClanan made reference to a letter from Attorney Thomas C. Broyles advising Council "immediately after Sandbridge Road Enterprises sells their property (change of zoning from AG-1 to R-9, May 19, 1980), the deed restrictions will be recorded, and it is anticipated that the construction of the golf course will begin prior to April 1, 1981." I N F 0 R M A L S E S S I 0 N CIVIC RECOGNITION DINNER ITEM #16218 The City Manager advised Council that the Civic Recognition Dinner will be held on Thursday, February 12, 1981, at 7:00 p.m. PAVILION DEDICATION ITEM #16219 The City Manager advised Council of the Pavilion Dedication March 14 through 22, 1981. FLAG LOTS REVIEWED ITEM #16220 Robert J. Scott presented a report to Council concerning Flag Lots. Mr. Scott advised that during 1980, City Council considered a total of twenty-five subdivision variances, and of this total, seventeen were approved, six denied and two withdrawnn. Of the subdivision variances heard by City Council, ten consisted of flag lot requests. The result was eight were approved and two were denied. Only two flag lot requests were located in the Southern portion of the City; one was approved and one was denied. Mr. Scott's report has been made a part of these proceedings. - 4- PEDDLER'S LICENSE ITEM #16221 Michael Barrett, Assistant to the City Manager, appeared before Council during the INFORMAL SESSION to advise Council of a proposed Ordinance regulating peddlers who sell from motor vehicles. The amendments are as follows: Section 32-7 Flowers, articles used for food or other articles, notwithstanding the otherwise lawful sale of goods and wares permitted by other Sections of this Code. Section 32-9 The sale of goods, wares, flowers or articles of food on any street, by any person or from any motor vehicle, trailer, cart, dray, wagon, pushcart or any hand or peddle-propelled vehicle for longer than fifteen (15) minutes in the same block on any given day is prohibited. For purposes of this Section only, "sale" shall be defined as the advertising, displaying, offering or exchanging for value of goods, wares, flowers or articles of food. It shall be unlawful to park any vehicle from which any of the aforesaid items are being sold in a business district as defined in Section 22-2 of the City Code This matter will be heard before Council on 2 March 1981. SENIOR CITIZEN HOUSING ITEM #16222 The City Manager advised Council he received a request from Councilwoman Henley for Chief Harry E. Diezel, to give a report on safety recommenda- tions for Senior Citizen Housing. Chief Diezel advised, through a written report, that four major concerns surfaced: installation of sprinklers, installation of smoke detectors, refuge/safety areas, exterior access. It was noted that in order to amend the Fire Code, Council will have to: 1. Receive approval from BOCA Board, or 2. Legislative package to General Assembly It was the concensus of Council to pursue this matter through the BOCA Board. TEXACO, INCORPORATED ITEM #16223 The City Manager advised Council he received a notification from the officials of Texaco, Incorporated, advising that the application coming before Council today (9 February 1981), for a Conditional Use Permit for a self-service gas station and car wash, would not be constructed for approximately three years. - 5- F 0 R M A L S E S S I 0 N VIRGINTA BEACH CITY COUNCIL Virginia Beach, Virginia 9 February 1981 2:20 p.m. Council Members Present: John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischcber, Barbara M. Henley, C@ence A. Holland, W. H. Kitchin, TTI, Reba S. @Clanan, @yor J. Henry @Coy, Jr., Donald W. @rrick, and @yera E. Oberndorf Council Members Absent: Patrick L. Standing INVOCATION: Reverend H. Ray Berry Pastor Virginia Beach Free Will Baptist Church PLEDGE OF ALLEGIANCE TO THE FIAG OF THE UNITED STATES OF AMERICA - 6- M I N U T E S ITEM II-D.1 ITEM #16224 Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to APPROVE with a correction the Minutes of the Regular Meeting of 2 February 1981. ITEM #16190 - Councilwoman Oberndorf -Eeftdested-the G 4 ty-Manage35 -to -meet -with- the - gdpe35 i-aterdent - ef Sekeels-fer--the-la@pese-ef -Eievelel3.iRg-a-13laR- to eembiLme-as-maay-se35vi-ees-as-possi.ble-,-and-Eepe-ft baek-te-Go@eil-2a-Febi-uar-y-1991 advised out of courtesy she would send her "Concept Paper" to Doctor Brickell and the School Board before asking Council for specific action or hiring a third party consulting firm by the Council. This action is planned for 23 February 1981. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Yjayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clm=, @yor J. @ @Coy, Jr., Donald W. @rrick, and Ityera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 7- I N T R 0 D U C T I 0 N ITEM II-D.@ ITEM #16225 Mayor McCoy introduced to Council Scout Scott Alan Streetman, Troup 636, who attended Council today (9 February 1981), to qualify for his Merit Badge in Communications. Scott is the son of Mr. and Mrs. Alan Streetman of Pembroke Meadows. R E S 0 L U T I 0 N S ITEM II-E.1 ITEM #16226 The City Clerk read the following letter from the City Manager: The Resolutions being presented are necessary to authorize the City Manager to sign contracts to obtain vnter frorn t@ Counties of Isle of Wight and Southairpton. It is estiniated at the present tim that a wll will be constructed in each of the two Counties. The City @ger is continuing to negotiate to purchase imter from the City of Suffolk to supplermnt the withdraval from tbe @ @lls. The contracts basically follow the proposals submitted to officials of the Counties last week, and require that Virginia Beach pay for the wells, that the vnlls be @d by the Counties and that the City will be allowed to use the iqter withdrawn at a cost of 15cts per 1,000 gallms. After bids ha-ve been taken or bills submitted by Isle of Wight and Southarrptan, the City Mamger will be requesting that City Council authorize appropriations fran Revenue Sharing, General Obligation or ity Developmnt funding to pay for this engineering and construction. It will probably be necessary to use all three funding sources to satisfy the estirmted $2-Million cost of these iirproNenents which q-re needed to alleviate the anticipated water shortage crisis this coming @r. There is a Resolution requesting another amndment to our contract with the City of Norfolk. This second amendmnt attempts to clarify any possible misunderstanding, and will allow water from the Counties and Cities to the West to be introduced into the Norfolk system and, after treatment by Norfolk, to be subsequently sold to the City of Virginia Beach. There is another Resolution endorsing in principle the Go-vernor's proposal for a regional wll system, and requesting further study of same. -8- Upon motion by Councilman Merrick, seconded by Councilwoman Oberndorf, City Council voted to uphold the recotnmendation of the City Manager and ADOPT the Resolution endorsing in principle the Governor's proposal for a Regional- Water System, and requesting further study of same. Voting: 10-0 Council Members Voting Aye: Jolm A. BaLn, F. Reid Ervin, Vice Mayor Harold Heiscbober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Heriry @Coy, Jr., Donald W. @ick, md Yjeyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 9- R E S 0 L U T I 0 N WHEREAS, a severe water shortage confronts the jurisdictions of Southeastern Virginia; and, WHEREAS, cooperation between the various governmental entities of the region is essential to solving the current crisis as well as i-nsuring that such shortage will not occur in the future; and, WHEREAS, the Governor of the Commonwealth of Virginia has drafted the "Southeastern Water Supply Agreement - 1981" which calls for such regional cooperation in the management of water resources for Southeastern Virginia; and, WHEREAS, the City of Virginia Beach wishes to express its support and cooperation with the Governor's efforts to resolve the water crisis on a regional basis. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That endorsement is hereby given to the principles articulated in the Governor's regional proposal subject to further refi-nement and negotiation of the specific provisions thereof. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February, 1981. -10- ITEM II-E.2 ITEM #16227 Upon motion by Vice Mayor Heischober, seconded by Councilman Baum, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the City Manager to execute a contract for the purchase of water from Isle of Wight County. Voting: 10-0 Council Members Voting Aye: Jolm A. Baim, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Dtyor J. Henry @Coy, Jr., Donald W. Merrick, and @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE PURCHASE OF WATER FROM ISLE OF WIGHT COUNTY WHEREAS, a water shortage exists in the City of Virginia Beach; and, WHEREAS, Virginia Beach can no longer obtain from Norfolk the amount of water necessary to satisfy its daily needs; and, WHEREAS, Isle of Wight County has agreed to sell water to the City of Virginia Beach and Virgirlia Beach desires to purchase such water. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and he hereby is, authorized to execute a contract for water purchase from Isle of Wight County, a copy of which is attached hereto and made a part hereof. Adopted by the Council of the City of Virginia Beach, Virginia, on 9 February 1981 -Ila- WATER SUPPLY AGREEMENT .THIS AGREEMENT, Made this day of 1981, by and between the CITY OF VIRGINIA BEACH, a Municipal Corporation of the State of Virginia, hereinafter referred to as "Virgi-nia Beach", and the ISLE OF WIGHT COUNTY, hereinafter referred to as "Isle of Wight". WITNESSETH WHEREAS, Virginia Beach and Isle of Wight recognize that severe problems confront the Cities of Southeastern Virginia in providing adequate amounts of potable water to their citizens; and, WHEREAS, Virginia Beach and Isle of Wight are willing to cooperate with each other to provide for expansion of water supplies and related facilities to help alleviate such problems; and, WHEREAS, such cooperation is in the best interests of the public health, safety and welfare of the citizens of both jurisdictions. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herei-n, and other good and valuable consideration, the parties hereto agree as follows: 1. Isle of Wight agrees to assist Virginia Beach in the expansion of its water supply sources by the construction and installation of wells within the boundaries of Isle of Wight to supply water to Virginia Beach. 2. Such wells shall be located on sites mutually agreeable to Isle of Wight and Virginia Beach and shall have a collective production rate of no greater than eight (8) MGD (million gallons per day). 3. Isle of Wight and Virginia Beach mutually agree to diligently pursue expeditious completion of this project with target dates of February 15, 1981, for drilling to commence and June 15, 1981, for completion of a functional, productive well. -Ilb- 4. Isle of Wight shall be responsible for construction of the wells and related facilities. Engineering design shall be accomplished by engineer(s) mutually acceptable to the parties. Plans and specifications shall be subject to review and approval of Virginia Beach. Virginia Beach shall be responsible for inspection of the project. Isle of Wight may have an observer present on site at any time. 5. Virginia Beach agrees to finance the costs of construction. of the wells and related facilities. Provided, however, that all contracts, agreements or other obligations arising in connection with this project, for which Virginia Beach is to expend funds hereunder, shall not be deemed valid until reviewed and approved by Virginia Beach. 6. Isle of Wight agrees to grant any and all pe=its necessary to allow for commencement of the installation of the aforesaid wells and necessary water transmission and related facilities associated therewith. 7. Isle of Wight agrees to provide, through purchase, lease, conde=ation or otherwise, the sites and/or easements necessary for the facilities referred to herein. Isle of Wight further agrees to provide easements for electrical power, telecommunications, site ingress and egress, pipe lines a-nd any other such easement as is necessary to the development and operation of the wells and their water transmission facilities. 8. The wells and their water transmission facilities shall be the property of Isle of Wight but they shall be operated and maintained by Virginia Beach at its expense during the period of this Agreement, during which time Virginia Beach and Isle of Wight shall have access to and quiet and peaceful possession of the wells and related facilities. 9. This contract shall be for a period of seven [7] years and may only be modified or amended by a writing of equal dignity executed by the parties hereto. Upon expiration of the initial seven [71 year period, this contract shall automatically renew for a-n additional three [31 years unless notice is given in writing, at least six [61 months -llc- prior to the date of expiration hereof to the Chief Executive Officer of the corresponding jurisdiction that either party desires that the Agreement not automatically renew. Notice shall be effective upon receipt. 10. This contract may only be terminated prior to expiration of the seven [7] years by the joint consent of the parties hereto. Any notice of a desire to terminate shall be given in writing at least six [6] months prior to the contemplated date thereof, registered mail to the Chief Executive Officer of the corresponding jurisdiction. Notice shall be effective upon receipt. 11. During the term of this Agreement, Virginia Beach shall have the right to utilize the water made available as a result of this Agreement during times of emergency water demand. Emergency water demand shall be defined as those times when (6] Virginia Beach imposes mandatory water conservation measures and imposes penalties for non- compliance; or [b] when a state of water emergency is declared by the State; or [c] when there is a declaration of drought disaster conditions by the State or Federal government for Isle of Wight County and/or Virginia Beach. It is further provided that utilization of such water by Virginia Beach may occur at any other time mutually agreed to by the parties. As compensation for such water (not including operation and maintenance costs], Virginia Beach agrees to pay to Isle of Wight the sum of fifteen cents [$.15] per one thousand gallons. Such amounts of water shall be measured through meters installed at each well by Virginia Beach. 12. Isle of Wight and Virginia Beach shall have the right to jointly read and test such meters to insure their accuracy. Readings shall be taken every sixty [601 days and Virginia Beach will be billed by Isle of Wight within ten [10] days thereafter for the appropriate amount based on the rate specified herein. Such bills shall be paid by the City of Virginia Beach within thirty [30] days from receipt thereof. 13. Notwithstanding the right of Virginia Beach to full use of water extracted from the wells, Isle of Wight reserves unto -lld- itself up to 10% actual daily production thereof, should it become necessary for Isle of Wight to use such water in the future. 14. In the event Isle of Wight desires to use such water pursuant to this Agreement, then notice shall be given to Virginia Beach at least ninety [901 days in advance thereof, in writing, delivered registered mail to its Chief Executive Officer, except in the event of a health and/or safety-oriented emergency, when such notice shall be given as soon as practicable. 15. If Isle of Wight uses the well water as stated above, separate meters shall be installed by Virginia Beach to measure the amount of water being pumped for each respective jurisdiction. During periods of joint usage the charges outlined in Paragraph 11 above wili be Waived by Isle of Wight as to that water used by Isle of Wight. Isle of Wight further agrees to pay to Virginia Beach a proportionate share of operation and maintenance costs during such periods of joint use. 16. Virginia Beach agrees to take reasonable steps necessary to compensate affected property owners for damages to existing wells which may occur as a result of development of the wells referred to herein for which Virginia Beach is liable. Virginia Beach agrees to follow the mitigation plan attached hereto as Exhibit A. 17. Isle of Wight and Virginia Beach mutually agree to given each other prior, written notice as soon as practicable of any activity which may have any impact upon the wells or related facilities. 18. Isle of Wight agrees not to engage in or allow any conduct within Isle of Wight which would jeopardize the productive capability of the well fields serving the wells which are the subject of this Agreement. 19. The parties further agree that each shall allow unto the other, right of entry upon and across all properties and rights-of-way which are necessary in connection with the use, maintenance and operation -lle- of the wells and other necessary activities including the transmission of water., 20. Duplicate originals of this Agreement shall be executed and recorded in the Clerk's Offices of the Circuit Courts of Isle of Wight and Virginia Beach. IN WITNESS WHEREOF, Isle of Wight has caused this Agreement to be signed on its behalf by W. B. Owen, its Chief Executive Officer and its Seal to be affixed hereto and attested by its Clerk pursuant to Ordinance adopted by its Board of Supervisors on 1981, and Virginia Beach has caused this Agreement to be executed on its behalf by George L. Hanbury, its City Manager, and its corporate seal affixed hereto and attested by its City Clerk, pursuant to Ordinance adopted CITY OF VIRGINIA BEACH By City Manager ATTEST: City Clerk ISLE OF WIGHT COUNTY By ATTEST: Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: .I, a Notary Public in and for the City and State aforesaid, do hereby certify that GEORGE L. HANBURY, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1981. Notary Public My Commission Expires: STATE OF VIRGINIA ISLE OF WIGHT COUNTY, to-wit: I, a Notary Public in and for the County and State aforesaid, do hereby certity that W. B. OWEN, Chief Executive Officer, and Clerk, for ISLE OF WIGHT, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my County and State aforesaid. GIVEN under my hand this day of 1981. Notary Public My Commission Expires: 2/3/81 2/5/81 B 2/6/81 2/9/81 (7/3) (10A) -llg- Exhibit A MITIGATION PROGRAM A. In each case of a well serving a property owner which is determined to be adversely affected by pumping from wells developed to supply water for the City of Virginia Beach in Isle of Wight County, one or more of the following alternatives for mitigation of the adverse effects will be investigated and applied as appropriate: 1. Lowering of Pump, 2. Installation of New Pump, 3. Lowering of Well, 4. Drilling of New Well, and 5. Interconnections with other local unaffected wells. Virginia Beach agrees to bear the costs for any of the above steps necessary to alleviate adverse impact to affected property owners. B. Virginia Beach and Isle of Wight jointly will attempt to determine which property owners will be adversely affected prior to commencement of pumping from its wells and take any or all of the steps set forth above to prevent interruption of water supply to such property owners. C. If Virginia Beach and Isle of Wight are unable to determine in advance that property owner's well will be adversely affected by said wells, and such wells stop providing sufficient quantities of water fit for consumption as a result of pumping by Virginia Beach, then Virginia Beach will take any and all of the following emergency steps, as necessary, to provide an immediate alternative water supply to the affected property owner: 1. Trucking water in bulk for human and livestock consumption, 2. Temporary Interconnections with local unaffected wells, 3. Provision of temporary substitute housing for the family if necessary,land, -llh- 4. Any combination of any of the above measures which will insure thdt the property owner will not be required to go without water for normal human use for more than twenty-four (241 hours. D. Any property owner who, of necessity, has undertaken reasonable self-help to mitigate adverse conditions at his well caused by pumping by Virginia Beach, will be reimbursed for the reasonable costs of such self-help measures upon presentation by him of appropriate documentation to Virginia Beach. E. Before pumping commences at any well as herein provided an escrow account fund shall be maintained by Virginia Beach in the amount of FIFTY THOUSAND DOLLARS [$50,000.00] for the purpose of compensating property owners who are damaged as hereinabove provided and determined, and that Virgi-nia Beach will maintain a balance in this escrow account of FIFTY THOUSAND DOLIARS ($50,000.001 throughout the period of this Agreement and any extension thereof. -1-2- ITEM II-E.3 ITEM #16228 Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the City Manager to execute a contract for the purchase of water from Southampton County. Voting: 10-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Henry ItCoy, Jr., Donald W. @rrick, and Yeyera E. Oberndorf Council Members Voting Nay: None Council Members Absent- Patrick L. Standing -13- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE PURCHASE OF WATER FROM SOUTHAMPTON COUNTY I WHEREAS, a water shortage exists in the City of Virginia Beach; and, WHEREAS, Virginia Beach can no longer obtain from Norfolk the amount of water necessary to satisfy its daily needs; and, WHEREAS, Southampton County has agreed to sell water to the City of Virginia Beach and Virginia Beach desires to purchase such water. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and he hereby is, authorized to execute a contract for water purchase from Southampton County, a copy of which is attached hereto and made a part hereof. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 February 1981 -13a- WATER SUPPLY AGREEIENT THIS AGREEMENT, Made this day of 1981, by and between the CITY OF VIRGINIA BEACH, a Municipal Corporation of the State of Virginia, hereinafter referred to as "Virginia Beach", a-nd SOUTHAMPTON COUNTY, hereinafter referred to as "Southampton". WITNESSETH WHEREAS, Virginia Beach and Southampton recognize that severe problems confront the Cities of Southeastern Virginia in providing adequate amounts of potable water to their citizens; and, WHEREAS, Virginia Beach and Southampton are willing to cooperate with each other to provide for expansion of water supplies and related facilities to help alleviate such problems; and, WHEREAS, such cooperation is in the best interests of the public health, safety and welfare of the citizens of both jurisdictions. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, and other good and valuable consideration, the parties hereto agree as follows: 1. Southampton agrees to assist Virginia Beach in the expansion of its water supply sources by the construction and installation of wells within the boundaries of Southampton to supply water to Virginia Beach. 2. Such wells shall be located on sites mutually agreeable to Southampton and Virginia Beach and shall have a collective production rate of no greater than eight [8] MGD [million gallons per day]. 3. Southampton and Virginia Beach mutually agree to diligently pursue expeditious completion of this project with target dates of February 15, 1981, for drilling to commence and June 15, 1981, for completion of a functional, productive well. 4. Virginia Beach shall be responsible for construction of the wells and related facilities. Engineering design shall be accomplished by engineer[s] mutually acceptable to the parties. Plans and specifications shall be subject to review by Southampton. Virginia Beach shall be responsible for inspection of the project. Southampton may have an observer present on site at any time. -13b- 5. Virginia Beach agrees to finance the costs of construction of the wells and related facilities. 6. Southampton agrees to grant any and all permits necessary to allow for commencement of the installation of the aforesaid wells and necessary water transmission and related facilities associated therewith. 7. Southampton agrees to provide, through purchase, lease, condemnation or otherwise, the sites and/or easements necessary for the facilities referred to herein. Southampton further agrees to provide easements for electrical power, telecommunications, site ingress and egress, pipe lines and any other such easement as is necessary to the development and operation of the wells and their water transmission facilities. 8. The wells and their water transmission facilities shall be the property of Southampton but they shall be operated and maintained by Virginia Beach at its expense during the period of this Agreement, during which time Virginia Beach and Southampton shall have access to and quiet and peaceful possession of the wells and related facilities. 9. This contract shall be for a period of ten [10] years and may only be modified or amended by a writing of equal dignity executed by the parties hereto. Upon expiration of the initial ten [101 year period, this contract shall automatically renew for an additional three [31 years unless notice is given in writing, at least six [6] months prior to the date of expiration hereof to the Chief Executive Officer of the corresponding jurisdiction that either party desires that the Agreement not automatically renew. Notice shall be effective upon receipt. 10. This contract may only be termi-nated prior to expiration of the ten [101 years by the joint consent of the parties hereto. Any notice of a desire to terminate shall be given in writing at least six [61 months prior to the contemplated date thereof, registered mail to the Chief Executive Officer of the corresponding jurisdiction. Notice shall be effective upon receipt. -13c- 11. During the term of this Agreement, Virginia Beach shall have the right to utilize the water made available as a result of this Agreement-during times of emergency water demand. Emergency water demand shall be defined as those timeswhen [a) Virginia Beach imposes mandatory water conservation measures and imposes penalties for non- compliance; or [b] when a state of water emergency is declared by the State; or [c] when there is a declaration of drought disaster conditions by the State or Federal government for Southampton County and/or Virginia Beach. It is further provided that utilization of such water by Virginia Beach may occur at any other time mutually agreed to by the parties. As compensation for such water [not including operation and maintenance costs), Virginia Beach agrees to pay to Southampton the sum of fifteen cents [$.15] per one thousand gallons. Such amounts of water shall be measured through meters installed at each well by Virginia Beach. 12. Southampton and Virginia Beach shall have the right to jointly read and test such meters to insure their accuracy. Readings shall be taken every sixty [601 days and Virginia Beach will be billed by Southampton within ten [101 days thereafter for the appropriate amount based on the rate specified herein. Such bills shall be paid by the City of Virginia Beach within thirty [301 days from receipt thereof. 13. Notwithstanding the right of Virginia Beach to full use of water extracted from the wells, Southampton reserves unto itself up to 10% actual daily production thereof, should it become necessary for Southampton to use such water in the future. 14. In the event Southampton desires to use such water pursuant to this Agreement, then notice shall be given to Virginia Beach at least ninety [90] days in advance thereof, in writing, delivered registered mail to its Chief Executive Officer, except in the event of a health and/or safety-oriented emergency, when such notice shall be given as soon as practicable. 15. If Southampton uses the well water as stated above, separate meters shall be installed by Virginia Beach to measure the amount of water being pumped for each respective jurisdiction. During periods of joi-nt usage the charges outlined in Paragraph 11 above will be waived by Southampton a.s to that water used by Southampton. -13d- Southampton further agrees to pay to Virginia Beach a proportionate share of operation and maintenance costs during such periods of joint use. 16. Virginia Beach agrees to take reasonable steps necessary to compensate affected property owners f6r damages to existing wells which may occur as a result of development of the wells referred to herein for which Virginia Beach is liable. Virginia Beach agrees to follow the mitigation plan attached hereto as Exhibit A. 17. Southampton and Virginia Beach mutually agree to give each other prior, written notice as soon as practicable of any activity which may have any impact upon the wells or related facilities. 18. Southampton agrees not to engage in or allow any conduct within Southampton which would jeopardize the productive capability of the well fields serving the wells which are the subject of this Agreement. 19. The parties further agree that each shall allow unto the other, right of entry upon and across all properties and rights- of-way which are necessary in connection with the use, maintenance and operation of the wells and other necessary activities including the transmission of water. 20. Duplicate originals of this Agreement shall be executed and recorded in the Clerk's Office of the Circuit Courts of Southampton and Virginia Beach. IN WITNESS WHEREOF, Southampton has caused this Agreement to be signed on its behalf by I its Chief Executive Officer and its Seal to be affixed hereto a-nd attested by its Clerk pursuant to Ordinance adopted by its Board of Supervisors on 1 1981, and Virginia Beach has caused this Agreement to be executed on its behalf by George L. Hanbury, its City Manager, and its Corporate Seal affixed hereto and attested by its City Clerk, pursuant to Ordinance adopted -13e- CITY OF VIRGINIA BEACH City Manager ATTEST: City Clerk SOUTHAMPTON COUNTY ATTEST: City L;ierk -13f - STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that GEORGE L. HANBURY, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1981. Notary Public My Conunission Expires: STATE OF VIRGINIA SOUTHAMPTON COUNTY, to-wit: I, a Notary Public in and for the City and State afore!SSaid, do hereby certify that I Chief Executive Officer, and Clerk, for SOUTHAMPTON, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my County and State aforesaid. GIVEN under my hand this day of 1981. Notary Pub ic My Comnission Expires: 2/9/81 (10B) -13g- Exhibit A MITIGATION PROGRAM A. In each case of a well serving a property owner which is determined to be adversely affected by pumping from wells developed to supply water for the City of Virginia Beach in Southampton County, one or more of the following alternatives for mitigation of the adverse effects will be investigated and supplied as appropriate: 1. Lowering of Pump, 2. Installation of New Pump, 3. Lowering of Well, 4. Drilling of New Well, and 5. Interconnections with other local unaffected wells. Virginia Beach agrees to bear the costs for any of the above steps necessary to alleviate adverse iinpact to affected property owners. B. Virginia Beach and Southampton jointly will attempt to determine which property owners will be adversely affected prior to commencement of pumping from its wells and take any or all of the steps set forth above to prevent interruption of water supply to such property owners. C. If Virginia Beach and Southampton are unable to determine in advance that property owner's wells will be adversely affected by said wells, and such property owners wells stop providing sufficient quantities of water fit for consumption as a result of pumping by Virginia Beach, then Virginia Beach will take any and all of the following emergency steps, as necessary, to provide an immediate alternative water supply to the affected property owner. 1. Trucking water in bulk for human and livestock consumption, 2. Temporary Interconnections with local unaffected wells, 3. Provision of temporary substitute housing for the family if necessary, and 4. Any combination of any of the above measures which will insure that the property owner will not be required to go without water for normal human use for more than twenty-four [24] hours. -13h- D. Any property owner who, of necessity, has undertaken reasonable-self-help to mitigate adverse conditions at his well caused by pumping by Virginia Beach, will be reimbursed for the reasonable costs of such self-help measures upon presentation by him of appropriate documentation to Virginia Beach. E. Before pumping commences at any well as herein provided an escrow account fund shall be maintained by Virginia each in the amount of FIFTY THOUSAND DOLLARS [$50,000.001 for the purpose of compensati-ng property owners who are damaged as hereinabove provided and determined, and that Virginia Beach will maintain a balance in this escrow account of FIFTY THOUSAND DOLLARS [$50,000.00) throughout the period of this Agreement and any extension thereof. -1 4 - ITEM II-E.4 ITEM #16229 Upon motion by Councilman Ervin, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the City Manager to execute an Addendum to the Norfolk Water Contract. Voting: 10-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor @old Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClmm , @yor J. Henry @Cay, Jr., Donald W. @rrick, and I*yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing -1 5- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE NORFOLK WATER CONTRACT WHEREAS, due to the current water shortage the City of Norfolk is no longer able to fully supply the water needs of the City of Virginia Beach; and, WHEREAS, the City of Virginia Beach has reached agreements with other jurisdictions to supply raw water to be processed through Norfolk's transmission and treatment facilities; and, WHEREAS, such transmission and treatment requires an amendment to the current water contract between the Cities of Virginia Beach and Norfolk. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and he hereby is, authorized to execute the appropriate amendment to the said Norfolk contract allowing for the transmission and treatment of such water, subject to the approval of the City Manager as to the legality and form thereof. Adopted by the Council of the City of Virginia Beach, Virginia, on 9 February 1981 RHM/cb 2/9/81 (1) -1 5a- THIS ADDENDUM, made this day of 1981, by and between the CITY OF NORFOLK, a Municipal Corporation of the State of Virginia, hereinafter called "Norfolk", and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the State of Virginia, hereinafter called "Virginia Beach"; W I T N E S S E T H: WHEREAS, Norfolk and Virginia Beach entered into an Agreement on the 24th day of April, 1973, providing, inter alia, for the sale of water to Virginia Beach by Norfolk; and, WHEREAS, Paragraph 18 of that Agreement provided that "no water other than that furnished by Norfolk shall be introduced into the mains in Virginia Beach"; and, WHEREAS, since the execution of such Agreement there has been a substantial change in the circumstances involving the availability of potable water supplies; and, WHEREAS, Norfolk and Virginia Beach desire to amend the said April 24, 1973, Agreement to allow for introduction of water other than that furnished by Norfolk into the Virginia Beach Water mains. NOW, THEREFORE, THIS ADDENDUM WITNESSETH: That for and consideration of the premises and mutual agreements of the parties hereto and other good and valuable consideration, Norfolk and Virginia Beach do hereby agree as follows: 1. That Paragraph 18 of the April 24, 1973, Agreement be amended and revised to read as follows: 18. Virginia Beach agrees that the umter sipplied under this agreement is for its own use and that it will not resell any such water beyond the corporate limits of Virginia Beach and that it wi-11 not resell such water within the corporate limits of Virginia Beach for use outside. Virginia Beach will distribute @ter in accordance with all applicable lws. The parties agree that raw wate purchased and/or otherwise provided by Virginia Beach from sources other than those amed by the City of Norfolk rmy be introduced into the Norfolk water system for trea=mt for ultimte use by customers of the Virginia Beach water distributian systEm, provided prior, written consent is obtained fran Norfolk. Virginia Beach shall pay to Norfolk the cost of treatment and related expenses cormected therewith. It is understood that Virginia Beach is totally responsibe fcr quality of any such raw water so introduced into the Norfolk water system. -15b- 2. All other provisions contained in the aforesaid Agreement remain in full force and effect. CITY OF NORFOLK, VIRGINIA By City Manager ATTEST: City Clerk CITY OF VIRGINIA BEACH, VIRGINIA By City Manager ATTEST: City Clerk STATE OF VIRGINIA CITY OF NORFOLK, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that JULIAN F. HIRST, City Manager, and LOUIS S. HUDGINS, City Clerk, for the CITY OF NORFOLK, VIRGINIA, whose names as such are signed to the foregoing Addendum, bearing date on the day of 1 1981, have acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1981. Notary Public My Commission Expires: -1 5c - STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that GEORGE L. HANBURY, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Addendum, bearing date on the day of 1 1981, have acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1981. Notary Public My Commission Expires: -1 6 - ITEM II-K. 2 ITEM #16230 THIS ITEMWAS BROUGHT FORWARD FROM UNFINISHED BUSINESS Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the City Manager to execut6 a contract with the City of Chesapeake for the purchase of water. Voting: 10-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice Yjayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanm, @yor J. Henry @Coy, Jr., Donald W. lt=ick, and @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing -1 7- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building,.on the 9th day of February, 1981. On motion by Councilwoman Oberndorf, seconded by Councilman Holland, the following Reso ution was adopted. R E S 0 L U T I 0 N WHEREAS, due to the current water shortage, the City of Norfolk has been unable to fully supply the water needs of the City of Virginia Beach; and, WHEREAS, the City of Chesapeake has i-ndicated a willingness to sell limited quantities of water to the City of Virginia Beach on a short-term basis; and, WHEREAS, the City of Virginia Beach desires to purchase such water. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and he hereby is, authorized to execute a contract with the City of Chesapeake for the purchase of water, a copy of which contract is attached hereto and made a part hereof. Adopted by the Council of the City of Virginia Beach, Virginia, on 9 February 1981 RHM/cj/da 1/30/81 (1) -17a- WATER SUPPLY AGREEMENT THIS AGREEMENT, Made this day of 1981, by and between the CITY OF CHESAPEAKE, a Municipal Corporation of the State of Virginia, hereinafter referred to as "Chesapeake", and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the State of Virginia hereinafter referred to as "Virginia Beach", provides as follows: WHEREAS, Virginia Beach wishes to become a customer of the Chesapeake water supply system, desiring to consume an average of up to 1,000,000 gallons of treated water per day, and more if available, from the Chesapeake system; and, WHEREAS, Chesapeake wishes to serve Virginia Beach as a customer, estimating that it can provide an average daily supply of 1,000,000 gallons of treated water to Virginia Beach, this estimate subject to the needs and demands of Chesapeake's customers. NOW, THEREFORE, the Cities of Chesapeake and Virginia Beach agree as follows: 1. Virginia Beach shall sign a standard water service contract with Chesapeake such as is provided to all customers of the Chesapeake water supply system, said contract hereby being made a part of this Agreement. Both cities shall be bound by the terms and conditions of said service contract, except that such terms and conditions shall be subject to and therefore modified, supplemented or supplanted by the te=s set out herein. 2. Chesapeake shall supply to Virginia Beach on a daily basis, treated water in such amounts as Virginia Beach may request and which Chesapeake, through its Public Utilities Director, may determine that Chesapeake is able to supply. The Director of the Public Utilities Department of the respective Cities shall be responsible for the coordination of daily demand and supply. 3. Virginia Beach shall be invoiced for such water service on a monthly bas'is and shall pay such invoice within thirty [30] days of actually receiving it. Failure to pay within this time will result in the assessment of a penalty equal to five percent [5%] of the invoice amount. - 1 7b- 4. The rate charged for providing such service shall be the same as that charged at the time of service to Chesapeake's other water customers, the current rate charged being $1.51 per 1,000 gallons of water. 5. Chesapeake shall provide the labor and materials needed to connect the Chesapeake and Virginia Beach water supply systems in order to enable Chesapeake to supply water to Virginia Beach as provided for in this contract; and Chesapeake shall install the meters required to record the volumes of water supplied. Virginia Beach shall be invoiced for the cost incurred to so connect the systems of the two Cities and install the required meters, and shall pay such invoice within thirty [301 days of actually receiving it. 6. Chesapeake shall read the numbers recorded by the meters installed pursuant to this Agreement to determine the appropriate monthly charge to be assessed to Virginia Beach. Virginia Beach shall have the right to review the meter recordings to confirm the readings made by Chesapeake. 7. This Agreement shall be in effect for a period of sixty [60] days from the date of execution, and shall renew automatically at the end of the contract period until terminated by either party; provided, that termination shall be effective only if notice of termination is sent in writing by the terminating party and is actually received by the other party at least thirty [301 days prior to the end of the contract period. 8. The notice provided for herein shall be deemed given when eithbr: a. Personally delivered to the City Manager of either of the respective cities, or b. When received certified mail by either City Manager at his Office at the Municipal Center of his respective City. WITNESS the following signatures and seals: -17c- CITY OF CHESAPEAKE By City Manager ATTEST: CITY OF VIRGINIA BEACH By City Manager ATTEST: City Clerk Approved as to form: City Attorney of Chesapeake Approved as to form: City Attorney of Virginia Beac (10A) -18- P U B L I C H E A R I N G S ITEM II-F.1 ITEM #16231 Attorney Howard Martin, representing Atlantic Permanent Savings and Loan Association, Inc., appeared before Cot,-ncil requesting that restrictive covenants recorded bv agreement with the City Council be amended in regard to property near the Northwest intersec-lion of Thirty-Sixth Street and Pacific Avenue: 1. To incl.ude among the uses permitted on the site a savings and 'loan or financial institution ofl-i-@e 2. Allow vehicular access from Pacific Avenue, as well as from Thirty-Sixth Street. Councilman Merrick made a motion to,deny the request of Atlantic Permanent Savings and Loan Association, Inc. There being no second the motion was lost. ITEM II-H.11 ITEM #16231(a) THIS ITEM WAS BROUGHT FORWARD FROM THE PLANNING AGENDA Upon motion by Councilman Baum, seconded by Councilman Kitchin, City Council voted to APPROVE the request of Atlantic Permanent Savings and Loan Association, Inc., to amend the restrictions to allow banks, savings and loans, and other financial institutions; and, also to allow access from Pacific Avenue. Voting: 9-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vir-e Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, ityor J. Henry McCoy, Jr., and Veyera E. Oberndorf Council Members Voting Nay: Donald W. @rrick Council Members Absent: Patrick L. Standing 1 9- RESOLUTION AUTHORIZING CONSENT OF TY-E VIRGINIA BEACH CITY COUNCIL TO THE AMENDMENT OF CERTAIN RESTRICTIVE COVENANTS AND CONDITIONS WhEREAS, a document dated September 30, 1978 containing cer- tain restrictive covenants has been recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1863, at Page 773, affecting that certain parcel of land known as 301 - 36th Street and also known as Parcel Q, "Map of Linkhorn Park, Property of Virginia Beach Development Company and Adjacent Properties;" and 'AIiEREAS, the restrictive covenants and conditions contained in the said docurent were approved by the Virginia Beach City Council; and TA@REAS, the doc=ent setting forth said restrictive cove- nants and conditions contains certain procedures by which said covenants and conditions may be amended or varied; and WHEREAS, the amendment of said restrictive covenants and conditions requires the consent of the governing body of the City of Virginia Beach, after a public hearing advertised pursuant to SS15.1-431 of the Code of Virginia; and WHEREAS, the owrer of the aforesaid Parcel Q has requested the Virginia Beach City Council to consent to the amendment of said restrictive covenants and conditions in the following two respects: (1) to add as permitted uses on said Parcel Q "banks, savings and loan, or other financial offices;" and (2) to permit vehicular access to the property from Pacific Avenue as well as 36th Street; and %'IiEP.EAS, it is appropriate for the Virginia Beach City Council to consent to the requested arendment of the afore- said restrictive covenants and conditions; NOW, THEREFORE, BE IT RESOLVED, that the Virginia Beach City Council, after a duly advertised public hearing, hereby consents to the amendment of those certain restrictive cove- nants and conditions dated September 30, 1978, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1863, at Page 773, so as to add as permitted uses on 301 - 36th Street, also know-n as Parcel Q, 'M-ap of Linkhorn Park, Property of Virginia Beach Development Company and Adjacent Properties," "banks, savings and loan, or other financial offices," and to pe@t access to and from said property from Pacific Avenue as well as 36th Street; 2/9/81 - 20 - A14D BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be affixed to and recorded with a document entitled "Arnendment of Restrictions" for the purpose of effecting the amendment referred to above. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of February, 1981. 2/9/81 - 21- ITEM II-F.2 ITEM #16232 Mr. Dise, owner of Diamond Cab Company, appeared concerning this Public Hearing to amend and reordain Section 34-50.1 of the City Code relating to taxicab rates and charges. It was required that the gasoline surcharge of fifty cents shall be posted in all cabs in full view. ITEM II-I.2.a ITEM #16232(a) THIS MATTER WAS BROUGHT FORWARD FROM ORDINANCES Upon motion by Councilman Kitchin, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Section 34-50.1 of the Code of the City of Virginia Beach, Virginia, relating to taxicab rates and charges. Voting: 10-0 Council Members Voting Aye: Jolm A. Bau-n, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Cl@, @yor J. Henry @Coy, Jr., Donald W. @rrick, and @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing It is mandatory that all gasoline surcharges of fifty cents shall be posted in all cabs in full view of the public. - 22- AN ORDINANCE TO AMEND AN6 REORDAIN SECTION 34-50.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO TAXICAB RATES AND CHARGES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 34-50.1. Maximum rate of fare for taxicab; fare increase. No person owning, operating, controlling, or driving a taxicab within the City shall charge an amount to exceed the following rates and charges of fare: (a) For the first one-eighth (1/8) mile, or fraction thereof ................. $1.00 (b) For each succeeding one-eighth (1/8) mile or fraction thereof ............ 0.10 (c) Trunk charge ........................ 0.50 (d) For each minute of waiting time ..... 0.15 (e) If hired on an hourly basis, the rate of nine dollars ($9.00) per hour shall apply. (f) There shall be an additiona soll@e surcharqe for each trip of ............ 0.50 Provided that taxicabs bringing passengers into this city from without shall charge the rates prescribed by the city or county in whidh they are licensed. Any application for a fare increase under this section shall include justification for such fare increase and such financial and operating information as may be requested by the city manager. City council shall hold a public hearing before acting on any such application for a fare increase after public notice for at least ten (10) days. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of February 1981. JDB/er/ih 1/16/81 (C) - 2 3 - C 0 N S E N T A G E N D A ITEM II-G. ITEM #16233 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council agreed to separate Item II-G.2 from the CONSENT AGENDA. The remaining items listed as the CONSENT AGENDA were considered and enacted by ONE MOTION. Voting: 10-0 Council Members Voting Aye: John A. Baun, F. Reid E@, Vice Myor Harold Heischober, Barb-gra M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanm*, Myor J. Heriry @Coy, Jr., Donald W. @rrick, and Ityera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing *COIJNCILWOMAN McCLANAN ADVISED SHE WAS VOTING FOR THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM II-G.3 (KEMPSVILLE AND COUNTY UTILITIES, INC). WHICH WAS A NAY VOTE. - Z' 4 - ITEM II-G.1 ITEM #16234 The Ordinance appointing viewers in the closure of Cranston Lane, in the Lynnhaven Borough, has been changed with regards to the date of the Viewers report to Council. Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance appointing Viewers in the application of Office Park Associates for the closure of a portion of Cranston Lane, in the Lynnhaven Borough. Voting: 10-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Hen]-ey, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Henry @Coy, Jr., Donald W. @rrick, and @yera E. Oberndorf Council Members Voting Nay: Ncne Council Members Absent: Patrick L. Standing - 25- IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN UNDEVELOPED STREET OF VARIABLE WIDTH KNOWN AS CRANSTON IANE BEGINNING AT THE OLD NORFOLK TO VIRGINIA BEACH BOULEVARD AND RUNNING SOUTHERLY THERE- FROM A DISTANCE OF 745 FEET AND SHOWN UPON THE PLAT OF "SUBDIVISION OF PROPERTY FOR OFFICE PARK ASSOCIATES, LYNNHAVEN BOROUGH-VIRGINIA BEACH, VIRGINIA SCALE 1"=100' , OCTOBER 1978. P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, OFFICE PARK ASSOCIATES, by its Attorney, H. Calvin Spain, 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: A portion of that certain tndeveloped street situate in the L@ wn Borough of the City of Virginia Beach, Virginia, of variable width now known as Cranston Lane, c@cing at a point 311.25 feet North of the Intersection of Cranston Lane with Virginia Beach Boulevard and cmtinuing to the intersection of said Cranston Lane with the Old Norfolk to Virginia Beach Boulevard a distance of apprcxitmtely seven hundred forty-five feet (745) as s@ m that certain mV entitled "Subdivision of Property for Office Park Associates, Lynnhaven Borough-Virginia Beach, Virginia. Scale 111=100', October 1978", which unp is recorded of record in the Clerk's Office in the Circuit Court of the City of Virginia Beach, Virginia, in @p Book 133, at Page 1. 2. That no inconvenience will result to any persons by reason of the said closing of said street and the Petitioner prays that this Honorable Council appoint Viewers as provided by law to view this undeveloped street proposed to be closed, and to report in writing to the Council on or before the day of 1981, whether, in the opinion of the said Viewers, any, and if any, what, inconvenience would result from the discontinuance and closing of said street heretofore described. - 26- 3. That on the 27th day of January, 1981, Notices of the presenting of this Application were posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia,. and on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioner is a fee simple owner of all land to be affected by said undeveloped street. Respectfully submitted, OFFICE PARK ASSOCIATES By Isl H. Calvin Spain H. Calvin Spain, Attorney H. Calvin Spain PICKETT, SPAIN & LYLE, P.C. 101 N. Lynnhaven Road P.O. Box 2127 Virginia Beach, Virginia 23452 - 2 7- ITEM II-G.3 ITEM #16235 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordi-nance to appropriate funds of $76,000 for an i-nventory and valuation of Cou-nty and Kempsville Utilities, Inc. Voting: 9-1 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, @yor J. Henry @Coy, Jr., Donald W. Yierrick, and Yjeyera E. Oberndorf Council Members Voting Nay: Reba S. YcClanan Council Members Absent: Patrick L. Standing All ORDINANCE TO APPROPRIATE FIMDS OF $76,000 FOR @z IITVENTORY AND VALUATION OF "OUNTV AND K@SVILLE UTILITIES, INC. WHEREAS, City I-ouncil is desirous of an inventory and valuation of the County and Keinpsville utility systems in order to prepare an offer of purchase, and WFEP,EAS, the study will total $76,000 and will consist of consultant engineering services at an estimated $40,000, property and easement appraisals at an estimated $16,000, and a closed circuit television inspection of approximately 10,000 feet of gravity sewer lines at an estimated $20,000, and WHEREAS, compensation for the cost of this study will be included in the purchase price of the utility systems. NOW, 'rHEREFOP,::, BE IT ORDAINED BY THE COlw4CIL OF TTIE CITY OF VIRGINIA BEACH, that funds of $76,000 be appropriated from the General Fund -@alance to the City Council's legal and expert services for the inventory and valuation of County and Kempsville Utilities, Inc. This ordinance shall be in effect upon the date of adoption. FIRST READI.N,--: 2 February 1981 SE-@OND READING: 9 February 1981 Adopted by the Council of the City of Virginia Beach on the Ninth day of February 1981. @.5 0 CONTEN - 29- ITEM II-G.4 ITEM #16236 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING an Ordi-nance to appropriate funds in the amount of $35,667 to extend a specialized Mental Health Grant for emotionally handicapped students. Voting: 10-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. YjcClanm, Myor J. Henry @Coy, Jr., Donald W. @rrick, and @yera E. Oberndc)rf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 30- AN ORDINANCE TO APPROPR= FLJNDS TO E=TD A SPBCIALIZED MENTAL HEALTH F'OR EMOTIORAILY HANDICAPPED STLJDENTS WHEREAS, the City Council approved an appropriation on January 5, 1981 for the Department of Mental Health and Mental Retardation (UM/MR) to extend the prograin providing speci-alized mental health clinical treatment and support services in the City's Public School Special Education Program for Emtionally handicapped students, and WHEREAS, the State DMH/MR has awarded a grant in the amount of $35,667 to extend this progrwn through June 30, 1981. NOW, THEMMIE, BE IT ORDA= BY THE COUNCIL OF THE CTFY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the grant, and funds are hereby appropriated in the amount of $35,667 to the DM/MR for the above specialized mental health program, and BE IT FURTHER ORDA= that the appropriations will be financed by $35,667 estimated revenues frcrn the State DMH/MR, and BE IT FURTHER ORDA= that five persormel positions are hereby authorized for the duration of the grant, to be paid frcm the grant, with the Employee classes to be detemdned by the City Manager. This ordinance shall be in effect upon the date of adoption. FIRST READING: 2 February 1981 SECOND READING: () 'Fpbriigry 1981 Adopted by the Council of the City of Virginia Beach on the N inth day of February 1981. - 31 - ITEM II-G.5 ITEM #16237 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation 6f the City Manager and ADOPT ON SECOND READING the Ordinance to appropriate $29,356 for payment for the Norfolk Adult Offender Transaction Statistics and Management Information System (TRACER) for the period January 1, 1980 through June 30, 1980. Voting: 10-0 CoLmcil Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clam, Mayor J. Heriry @Coy, Jr., Donald W. @rrick, and @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 3 2- AN ORDINANCE TO APPROPRIATE $29,356 FOR PAYMENT FOR THE NORFOLK ADULT OFFENDER TRANSACTION STATISTICS AND MANAGEMENT INFORMATION SYSTEM (TRACER) FOR THE PERIOD JANUARY 1, 1980, THROUGH JUNE 30,1980. WHEREAS, that in order to establish a uniform fiscal year for the contract between the City of Norfolk and the City of Virginia Beach for the Norfolk Adult Offender @ansaction Statistics and Management Information System (TRACER), a conversion period of January 1, 1980, through June 30, 1980, has been established, and it is necessary to appropriate sufficient funds to cover said period. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the amount of $29,356 be appropriated for payment for use of Norfolk's Adult Offender Transaction Statistics and Management Information System (TRACER) for the period January 1, 1980, through June 30, 1980. 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 Ninth day of February, 1981 FIRST READING: 2 February 1981 SECOND READING: 9 February 1981 2/9/81 - 3 4- ITEM II-G.2 ITEM #16238 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to uphold the recommendation of the City Manager and APPROVE the following Bingo and Raffle Permits; with the exception of the Society for the Preservation and Encouragement of Barber Shop Quartets Singing Association, which will be brought before Council 23 February 1981; AND, the inclusion of the Hebrew Academy of Tidewater: Bingo/Raffle Aragona-Pembroke Little League Raffle Kehillat Bet Hamidrash Synagogue Bingo/Raffle Plaza Junior High Marching Trojanettes Parents' Association, Inc. Bingo Knights of Columbus #4632 Bingo Timberlake Community Association Bingo/Raffle Hampton Roads Youth Hockey Association Bingo Saint Matthews Catholic Church Bingo/Raffle Chesapeake Bay Skating Club Bingo Hebrew Academy of Tidewater Voting: 10-0 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Mayor J. Herwy @Coy, Jr., Dcnald W. @rrick, and @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 35 P L A N N I N G A G E N D A ITEM II-H.1/2 ITEM #16239 Mr. Hubert Dail appeared in behalf of his applications Mr. Homer McCoy appeared in favor Mr. Pete Davis voiced his opposition by telephone (Leslie William Davis, Jr.) Upon motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to uphold the reconmendation of the Planning Commission and APPROVE the applications of HUBERT L. AND MONA H. DAIL for Changes of Zoning AND Conditional Use Permit, as per the following, subject to the conditions outlined: ORDEWCE LTON APPLICATION OF HUBERT L. -AND @nk ZD281546 H. DAIL FOR A CHAN(E OF ZDNING DISTRICT CLASSYFI- CATION FROM R-3 RESIDENTIAL DISIRICR TO 0-1 OFFICE DISTRIcr BE 1T ORDA= BY THE COLUCI:L OF TBE CTRY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon applicatim of Hubert L. and Mona H. Dail foriL.t. eof Do icticlassification from R-3 t t. 0 c Res Ditvg @@r e District an certain property located on the East side of Little Neck Road begixming at a point 50 feet North of Newcastle Road, running a distance of 450 feet along the East side of Little Neck Road, rurming a distance of 196.59 feet almg the Northern property line, r=ing a distance of 440 feet along the Eastern property line and nxming a distance of 910 feet along the Southern property line. Said parcel contains 2.076 acres. L VEN BORDUGH ApproNal is subject to the following provisions in conjunction with the intended use of the land: 1. Execution of a new agre@t 2. Standard improverrents as required by t@ Site Plan Ordinance. 3. City water and sewer. 4. An adequate drainage outfall system with the necessary dounstream @rovemnts and easemnts is required. 5. Right-of-umy inprovermnts are necessary along Little Neck Road; this includes pawmnt widening and overlay, curb and gutter, sidewalk, and drainage facilities. 6. Applicant has @luntarily agreed to put to record a legal doc@t stating this site is to be used for a private club cnly, if not the land will revert back to its original, zDning. 7. A mriable dedication along Little Neck Road. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February, 1981. - 3,6- ORD LIPON APPLICATION OF HU= L. DAIL Z0281547 FOR A CRANGE OF ZONING DISIRICR CLASSTFICATION FROM R-2 RESIDENRIAL DIMICR TO 0-1 OFFICE DIRRIC.r BE 1T OPDAMM BY THE COLNCI--L OF TBE CITY OF VIRG@ VIRGINIA: Ord@ce upon applicatim of Hubert L. Dail for a Change of Zcning District Classification frorn R-2 to O_l Off e District on certain property Located-nO feet East of Little Neck Road begiming at a point 50 feet North of Newcastle Road, rlming a distance of 220 feet along the Southern property line, running a distance of 560 feet along the Eastern property line, ruming a distance of 520 feet along the Northern property line and ruming a distance of 440 feet more or less almg the Western property line. Said parcel cmtains 4.247 acres mre or less. L VEN BOROLRH. Approval is subject to the foll@g provisions in conjunction with the intended use of the land 1. Execution of a new agreemnt. 2. Standard iupro@ts as required by the Site Plan Ordinance. 3. City vmter and sewer. 4. An adequate drainage outfall system with the necessary downstream inprovmmts and easmmts is required. 5. Right-of-vmy inprovemnts are necessary along Little Neck Road; this includes pavement widening and o-verlay, curb and gutter, sidewalk, and drainage facilities. 6. Applicant has wluntarily agreed to put to record a legal doc@t stating this site is to be used for a private club only, if not the land will revert back to its original zming. 7. A variable dedicatim along Little Neck Road. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February, 1981. - 3 7 - ORDIMNCE UPON APPLICATION OF HUBEPT L. DAIL RD281367 FOR A CONDITIONAL USE PER= RR A PRIVATE CLLE BE rr ORDA= BY TBE COTECU, OF TBE CTIY OF VIRGINIA EEACH, VIRG@: Ordinance upon application of Hubert L. Dail for a Conditional Use Permit for a private club on certain property located on the East si of Little Neck Road begiming at a point 50 feet North of Newcastle Road, running a distance of 450 feet along the East side of Little Neck Road, ruming a distance of 716.59 feet along the Northern property line, rurming a distance of 560 feet along the Eastern property line and running a distance of 430 feet along the Southem property line. Said parcel contains 6 acres wre or less. L VEN BOROTUH. Approval is subject to the foll@g provisions in cmiunctim with tbe intended use of the land: 1. Execution of a new agreenmt. 2. Standard inpro@nts as required by tbe Site Plan Ordinance. 3. City water and sewer. 4. An adequate drainage outfall systETn with the necessary downstream iniprovenents and easen-ents is required. 5. Right-of-usy inprovemnts are necessary along Little Neck Road; this includes pa@t widening and overlay, curb and gutter, sidewalk and drainage facilities. 6. A dedication of right-of-way 45 feet fron the centerline of the existing variable width right-of-imy along this site's frontage m Little Neck Road (a @iable dedication). 7. Parking is to be provided at a ratio of 1 space per 100 square feet of floor area. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ni-nth day of February, 1981. 38- Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vir-e @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Cl@, @yor J. Henry Yr-Coy, Jr., Donald W. @rrick, and @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 39- ITEM II-H.3/4 ITEM #16240 Attorney @ames Flippen appeared in behalf of the applicant Mr. Michael Chriscitiello, Texaco representative, appeared in favor. Mr. Jonathan Windowski appeared in opposition Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to uphold the reconunendation of the Planning Commission and DENY the applications of TEXACO, INC., for a Change of Zonin@.D I Ii.swt@icgt Clas8ification AND Conditional Use Permit as 'n per t e Ordinance upcn application of Texaco, Inc., for a Change of @ing District Classification from AG-2 Agricultural D ict to B ity-Business District m certain property located at the Northeast corner of Princess Anne Road and Landstown Road, ruming a distance of 280 feet niore or less alcng the East side of Landstown Road, ruming a distance of 197.74 feet along the Northern property line, rlrming a distance of 200 feet almg the Eastern property line and running a distance of 280 feet mre or less along the North side of Princess Anne Road. Said parcel contains 1.186 acres. PRMMSS ANNE BOROLTGH. Ordinance upcn applicatim of Texaco, Inc., for a Conditional Use Perrnit for a self-service gas bar and car wash an certain property Toca-ted at the Northeast corner of Princess P= Road and Landstown Road, rl=ing a distance of 280 feet wre or less almg the East side of Landstown Road, rlrming a distance of 197. 74 feet almg the Northern property line, ruuiing a distance of 200 feet along the Eastern property line and running a distance of 280 feet more or less along the North side of Princess Ame Road. Said parcel cmtains 1.186 acres. PRINCESS ANNE BORDUCH. 40 - Voting: 8@2 Council Members Voting Aye: (for denial) Jolin A. BaLm, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Donald W. @rrick, and Yjeyera E. Obemdorf Council Members Voting Nay: Clarence A. Holland, and Mayor J. Henry @Cay, Jr. Council Members Absent: Patrick L. Standing - 41- ITEM II-H.5 ITEM #16241 Attorney James Flippen appeared in behalf of the applicant Mr. George Darden appeared in favor The following appeared in opposition: Mr. John Gravatt, Great Neck Association, presented petitions, copies of which are made a part of these proceedings. Mr. Tom Walsh, Vice President of Laurel Cove Civic League Captain J. B. Streit, President of Colonial Oaks Civic League Captain James A. Mulligan, representing Church of the Holy Family Mr. Gary Forbes, President of Cape Story by the Sea Civic League Mr. Jonathan Windowski Mr8. Joan Cheng Upon motion by Councilman Merrick, seconded by Councilwoman Oberndorf, City Council voted to DENY the application of TEXACO, INC., for a Conditional Use Permit, as per the following: Ordinance upcn application of Texaco, Inc., for a Conditional Use Permit for a self-service gas station @d car was m certain property located at the S(Yutheast corner of North Great Neck Road and First Colonial Road, running a distance of 193.39 feet imre or less along the South side of First Colonial Road, rL=ing a distance of 200 feet along the Eastern property line, running a distance of 200 feet along the S(Yuthern property line, rL=ing a distance of 189.39 feet along the East side of North Great Neck Road. Said parcel contains .918 acreiwre or less. L VEN BOROUGH. Voting: 6-4 Council Members Voting Aye: (for denial) F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Reba S. @Clanan, Donald W. @rrick, and @yera E. Oberndorf* Council Members Voting Nay: John A. Baum, Clarence A. Holland, W. H. Kitchin, III, and @yor J. Henry @Coy, Jr. Council Members Absent: Patrick L. Standing *COUNCILWOMAN OBERNDORF VOIC]FD A VERBAL "AYE" FOR DENIAL - 4 2- ITEM II-H.6 ITEM 116242 Mr. Earl D. Reust appeared in his behalf Upon motion by Councilman Ervin, seconded by Councilman Merrick, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of EARL D. AND MARIA I. REUST for a Conditional Use Permit, as per the following, subject to the conditions outlined in the City-Manager's letter: AND, the inclusion of the following condition: Approval is for a period of two (2) years. ORD LLPON APPLICATICN OF EARL D. AND MM I R0281368 REUST FOR A CONDTRIONAL LISE P FOR A OCCLEIATION (SPECIAL ORDER CAKES) BE 1T ORDA= BY THE COLUCTT OF TBE CTRY OF VIPG@ VIPG@ Ordinance upon application of Earl D. and @ria I. Reust for a Conditional Use Permit for a hame occipation (special order cakes) on certain property located on the West side of Earl of Chesterfield lane begiming at a point 296 feet North of North Plantation Drive, ruining a distance of 118 feet along the West side of Earl of Chesterf ield Lane, rlrming a distance of 106 feet along the Northern property line, rurming a distance of 118 feet along the Western property line and rlinning a distance of 106 feet along the Southern property line. Said parcel contains .287 acre. L VEN BOROUGH Approval is subject to the following provisims in conjunction with the intended use of the land: 1. Approval is for a tm (2) year period. 2. Conpliance with Article 2, Section 229 of the Comprehensive Zcning Ordinance. 3. Delivery of twrchandise should be perforrmd by the applicant, rather than such activities occ=ing at his residence. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February, 1981. 4 4 3- Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry @Cay, Jr., Donald W. @rrick, and @yera E. Oberndorf Council Members Voti-ng Nay: None Council Members Absent: Patrick L. Standing - 4 4 ITEM II-H.7 ITEM #16243 Mr. Roy F. Ives appeared in his behalf Mrs. Ives appeared also Upon motion by Couricilman Kitchin, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of ROY F. AND ANNE L. IVES for a Conditional Use Permit, as per the following, subject to the conditions out i-ne in the City Manager's letter: ORD@CE TNON APPLICATION OF ROY F. AND RD281369 ANNE L. IVES FCR A OI)NDITIONAL USE PER= F'OR A APARTMENR BE IT ORDAINED BY THE OC)UICIL OF THE CTRY OF VIRGINIA BEACH, Vl--RG@: Ordi=ce Lpon application of Roy F. and @ L. Iws for a Cmditional Use Permit for a garage aparmmt on certain property lo te on t West side of @dite=anean Avenue beginning at a point 55 feet North of 12th Street, running a distance of 125 feet along the Northern property line, rurming a distance of 50 feet along the Western property line, rumiing a distance of 125 feet along the Southern property line. Said parcel contains .13 acre mre or less. VMG@ BEACH BCROUCH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard impro@nts as required by the Site Plan Ordinance. 2. City umter and sewer. 3. The Cmprehensiw Zoning Ordinance defines a garage apar@t as a structure above a private garage in which the provisim is Tmde for me dmlling unit, requiring an interior staixway to the second floor, provided that the living area does not eKceed 800 square feet of floor area and that the height does not exceed 28 feet. All such garage apar=mts are to be cmstructed as outlir)ed above. in addition, only cne garage apartmmt is allmmd per site. 4. There is a 10 foot rear yard setback in the R-7 Residential District. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February, 1981. 45 - Voting: 10-0 Council Members Voti-ng Aye: John A. BauTi, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clm=, @yor J. Henry @Coy, Jr., Donald W. @rrick, and @yera E. Oberndarf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 4 6- ITEM II-H.8 ITEM #16244 Mr. Bruce Gallup appeared in behalf of the applicant. Upon motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of W. E. BEASLEY for a VARIANCE to Section 4.4(b) of the Subdivision Ordinance, as per the fol OW-9. Appeal fran Decisions of Adninistrative Off icers in regard to certain el@ts of the Subdivision Ordinance, Subdivision for W. E. Beasley. Property located on the South side of Little Neck Road, 90 feet East of Harris Road. Plats with nure detai-led informtion are available in the Department of Plaming. The applicant requests a @iance to Section 4.4(b) of the Subdivisim Ordinance, which requires lot diniensions to conform to the Comrehensi-ve Zon3-ng Ordu=ce. The applicant w3.shes to subdivide @his .97-acre site into two (2) lots. The property is located on the South side of Little @ck Road, apprcxiniately 90 feet East of Barris Road. Voting: 10-0 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III Reba S. @Clanan, @yor J. Henry @Coy, Jr., Donald W. @rrick, and @yera E. Oberndorf Council Members Voting Nay: Nme Council Members Absent: Patrick L. Standing - 47- ITEM II-H.9 ITEM #16245 The City Clerk advised Council of a letter from the applicant requesting withdrawal. Upon motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to permit WITHDRAWAL of the application of JOE L. GILBERT for a Variance to Section 4.4(b) of the Subdivision Ordinance, as per the fo ow3-ng. Appeal from Decisions of Adninistrative off icers in regard to certain elenents of the Subdivision Ordinance, Subdivision for Joe L. Gilbert. Property located at the Southern ektremity of Back Cove Road. Plats with Tmre detailed information are available in the DeparWmt of Plarning. The applicant requests a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimension to conf= to the Cowrehensi-w zoning Ordn=ce- The aPPlicant wishes to subdivide a 2.36-acre site into tw (2) lots. This property is located at the terminus of Back Cove Road. Voting: 10-0 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Yjayor J. @ Y]CCoy, Jr., Donald W. @rrick, mid @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent.. Patrick L. Standing i - 4 8 - ITEM II-H.10 ITEM #16246 Upon motion by Councilwoman Oberndorf, seconded by Councilman Merrick, City Council voted to uphold the recommendation of the Planning Commission and ADOPT: Ordinance to amend and reordain Article 4 of the Comprehensive Zoning Ordinance pertaining to Height Regulations, Section 402 Ordinance to amend and reordain Article 3 of the Comprehensive Zoning Ordinance pertaining to Height Regulations, Section 302 Voting: 10-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. YicClanan*, Mayor J. Henry @Coy, Jr., Donald W. Yierrick, and Dtyera E. Oberndarf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing *COUNCILWOMAN McCLANAN VOICED A VERBAL !'AYE" - 4 9 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 4 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HEIGHT REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGINIA BEACH, VIRGINIA: That Article 4, Section 402, Minimum Lot Area, Lot Width, Yard Spacing and Maximum Lot Coverage Regulations, of the C.Z.O. is amended and reordained as follows: 402. Minimum Lot Area, Lot Width, Yard Spacing, and Maximum Lot Coverage and Height Regulations Within an AG-1 Agricultural District, the following shall constitute the lot, yard, aRd open space and height requirements: (g) There shall be no maximum height ons n the AG-1 Agri- u@itural District except that no buillln q or structure erect@d inth7iAG I Aricultural District sha exeed t e height li,it es tabsh;a in section zuzkd). That Article 4, Section 412, Minimum Lot Area, Lot Width, Yard Spacing and Maximum Lot Coverage Regulations, of the C.Z.O. is amended and reordained as follows: 412. Minimum Lot Area, Lot Width, Yard Spacing, and Maximum Lot Coverage and Height Regulations Within an AG-2 Agricultural District, the following shall constitute the lot, yard, aR4 open space and height requirements: (g) There shall be no maximum height regulations in the AG-2 Agri- cultural District except that no buildinq or structu.re erected in itural District shall exceed th established in Section Zuzkb). Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February 1981 APPROVED AS TO Cori- % 7 ATU'@E @T 2/ 9/ 81 - 50- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 3 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HEIGHT REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIKGINIA BEACH, VIRGINIA: That Article 3, Section 302, Minimum Lot Area, Lot Width, Yard Spacing and Maximum Lot Coverage Regulations, of the C.Z.O. is amended and reordained as follows: Minimum Lot Area, Lot Width, Yard Spacing, aRd Maximum Lot Coverage and Height Regulations Within a P-1 Preservation District, the following shall constitute the lot, yard, and open space and height requirements: (e) There shall be n 0 maximum he , ht regulations in the P-1 Preservation District except that no buil@?na or structure erected in the P-1 Preservation District shall exceed the height limit established in Section 202(b). Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February 1981. APPROVED AS TO CONTFlk'T S 1.1 TU,E -,;',TY 2/ 9/ 81 - 51- ITEM II-I.I.a ITEM #16247 This Ordinance requires a three/fourths vote of all Members of Council. Upon motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance declaring certain property excess and authorizing the City Manager to dispose of same. Voting: 10-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III*, Reba S. McClanan, @yor J. He=y YjcCoy, Jr., Donald W. @rrick, and @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 2/ 9/81 *COUNCILMAN KITCHIN VOICED A VERBAL "AYE". - 52- Requested by Real Estate AN ORDINANCE DECTARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Wherea@,,the City Council is of the opinion that the following describbd property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to convey said property in the manner he deems in the best interests of the City of Virginia Beach. Being as shown an Sheets 10 and 11 of the plans for Route 44, State Hi@y Project 0044-134-103, RW-201, and lying an the North (left) side of Route 44 centerline and adjacent to the existing North right-of-uuy and limited access line of present Route 44 frcm the lands of New Centre Town Inwstors opposite t!e Stations 62 + 39 to a point in tbe lands of the landowmr opposite apprcximate Station 70 + 63, and containing 0.441 acre, imre or less, land. 2. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the Ninth day of February, 1981. This Ordinance requires a three/fourths vote of all Members of Council. JAR:re 1/27/81 (A) 2/9/81 - 33- F I R S T R E A D I N G ITEM II-I.3.a ITEM #16248 Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the City Manager and APPROVE ON FIRST READING the Ordinance to appropriate funds granted from the State Department of Mental Health and Mental Retardation (SDMH/MR) in the amount of $20,200 to Department of Health and Mental Retardation. Voting: 10-0 CoLmcil Members Voting Aye: John A. Baun, F. Reid Ervin*, Vice @yor Harold Heischober, Barbara M. Henley, Clare-nce A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Henry @Coy, Jr., Donald W. @rrick, and @yera E. Oberndorf Council Members Voting Nay: Ncne Council Members Absent: Patrick L. Standing @5LP- AN ORDINANCE TO APPROPRIATE FUNDS GRANTED FROM THE STATE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION (SDMH/MR) -IN THE AMOUNT OF $20,200 TO DEPARTMENT OF HEALTH AND MENTAL RETARDATION WHEREAS, the Department of Mental Health and Mental Retardation (DMH/MR) has determined a need to replace two vans to continue providing public transportation to the Adult Activity Center for developmentally disabled adults, and WHEREAS, a grant in the amount of $20,200 has been awarded by the Commonwealth of Virginia, Department of Mental Health and Mental Retardation to replace the two vans. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the grant for the city, and funds are hereby appropriated in the amount of $20,200 to the Department of Mental Health and Mental Retardation for the above purpose, and BE IT FURTHER ORDAINED that the appropriations will be financed by $20,200 estimated revenue from the State DMH/MR. FIRST READING: 9 February 1981 SECOND READING: Adopted by the Council of the City of Virginia Beach on the day of 1 1981. This ordinance shall be effective from date of adoption. JDB:jh - 5 5- L 0 W B I D S ITEM II-I.4.a ITEM #16249 The following bids have been received for the Shenvalee Drive Water Main Project: M. E. Wilkins, Incorporated $38,370.00 Inner-View, Limited $38,794.28 Utility Builders, Incorporated $39,538.73 Warbler Construction Compa-ny, Incorporated $40,429.00 Major T. Archbell, Incorporated $41,684.75 Suburban Grading and Utilities $42,083.33 Carter-Bell Corporation $42,654.78 A. Stuart Bolling Company, Incorporated $43,958.00 Arnette Construction and Development Company $54,417.75 Engineer's Estimate $58,133.00 Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of M. E. Wilkins, Incorporated, in the amount of $38,370.00 for the Shenvalee Drive Water Main Project; and, authorized the City Manager to enter into the necessary agreements for the implementation of this project. Funds are available. Voting: 10-0 Council Members Voting Aye:* Jolm A. Baum, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry @Coy, Jr., Donald W. @rrick, and Yjeyera E. Oberndorf Council Members Voting Nay: Ncne Council Members Absent: Patrick L. Standing *VERBAL ROLL CALL (DEPLEATION OF PAPER IN VOTING MACHINE) 56- A P P 0 I N T M E N T S ITEM II-J.-l ITEM #16250 City Council deferred consideration of appointments to the Mental Health/Mental Retardation Services Board. U N F I N I S H E D B U S I N E S S ITEM II-K.1 ITEM #16251 Councilman Baum requested a Public Hearing on City Policy for the selection of Architects and Engineers; and, requested the City Manager to bring a policy concerning this matter to Council for their consideration. ITEM II-K.2 ITEM #16252 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to reconsider the request of Sea Breeze Farms for a Subdivision Variance at the meeting of 2 March 1981. Voting: 7-3 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Clarence A. Holland, W. H. Kitchin, III, Mayor J. Henry YjcCoy, Jr., and Donald W. @rrick Council Members Voting Nay: Barbara M. Henley, Reba S. @Clanan, and @yera E. oberndorf Council Members Absent: Patrick L. Standing - 57 - ITEM #16253 Councilwoman Oberndorf requested from the City Manager a report on the borrow pit in Seatack as to the type of sand being taken from the put. The City Manager advised Council that the Erosion Commission took bids to try to determine where the best price for sand could be. The Erosion Commission had its own borrow pit, plus any other source as alternatives. At the present time, several contractors, who are constructing in the City, are finding it very convenient to do away with their materials in borrow pits, and are using the borrow pits against the City's source and it was found that it was cheaper to take from that particular source than from the Erosion Commission borrow pit. A D J 0 U R N M E N T ITEM II-M.1 ITEM #16254 Upon motion by Councilman Merrick, seconded by Councilman Erv@in, and by ACCLAMATION, the meeting adjourned at 4:47 p.m. Diane M. Hickman, Deputy City Clerk Ruth Hodges Smith, Gity cierk Mayo@. H @y ccomr@, D.D.S. City of Virginia Beach, Virginia 9 February 1981 dmh/wb