MARCH 21, 1983 MINUTES
"VVORLD'S LARGEST RESORT CITY"
CITY COt;,VCIL
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IIAROLD IIEISCIIOBER. Al L.,g@
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ROBERT G. ]OVES. A, L,,,g@
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VIR(;I@IA BE,TCH. t'IRGINI.k -'3456
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CITY COUNCIL AGENDA
March 21, 1983
ITEM I INFOE*IAL SESSION: 11:00 a.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. @IOTIOii TO F.ECESS I@;TO INFOMIAL/EXECUTIVE SESST),N
D. PRESENTATIOII/DISCUSSION OF PERTTNENT @4ATTERS
1. Matters for discussion bv liavor.
2. Matters for discussion b@ Council.
3. Review of Planning Items.
E. CITY MANAGER' S ADMT@TISTPATT@7E TTEMS:
1. Discussion of @luseum of: -arine Science Construction
Schedule: Council Subcommittee - Councilwoman Creech
and Councilwoman McClanan.
2. Review of Consent A enda.
ITE@l II FO@IAL SESSTON: 2:00 p.m.
A. INVOCATION: Reverend Clavton E. Crig@ler
Saint Francis Episcopal Churcii
B. PLEDGE OF ALLEGIANCE To T-HE FLAG OF TIIE U"ITED ST.%TES OF @F.FRICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of March 14, 1983.
E. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by Citv Council and will be enacted
by one motiori in the form listed. There will be no seoarate
discussion of these items. If discussion is desired, tliat item
will be removed from the Consent Agenda and considered separatelv.
1. Resolutions approving Industrial Develoument Revenue
Bonds:
a. Resolution of City Council approvin@, the issuance
of Industrial Development Revenue Bond to Schell
Family Partnership Facility ($600,000).
b. Resolution approving the issuance of Industrial
Development Revenue Bonds for Donald B. Norris
and Nellie M. Norris ($304,000).
C. Resolution approving the issuance of industrial
DeveloDment Revenue Bonds for La nuinta "otor
Inns, Inc. ($4,500,000).
d. Resolution of City Council adprovin@ the issuance
of Industrial Development Revenue Bond to Beverlv
Enterprises ($8,000,000).
e. Resolution approving the issuance ofIndustrial
Development Revenue Bonds for Bird-@leck Office
Condominium Associates ($3,000,000).
f. Resolution of Citv Council apdroving the issuance
I
of Industrial Development Revenue Bond for Ba,,ville
Farms Associates ($200,300).
g. Resolution approving the issuance of Industrial
Development Revenue Bonds for Lud,@i@, Ster--ilicht
($390,000).
h. Resolution adproving the issuance cf Industrial
Development Revenue Bonds for Bav @rouerties
($300,000).
i. Resolution anproving the plan of f4lnanc4-7@ and
issuance of Industrial Development Revenue Bonds
for Air Rail Properties ($50,000).
j. Resolution approving the plan of financin@, of
B & 14 ($1,000,000).
ITEDI IT E. CONSENT AGENDA (Cont'd)
k. Resolution of Citv Council approvin@ the issuance
of Tndustrial Development Revenue Bonds to Shore
Drive Associates racilitv ($990,000).
1. Resolution approving tlie issuance of Tndustrial
Development Revenue Bonds for Robert 14. Waddell
($2,000,000).
2. Ordinance to amend and. reordain Sections 11-1, 11-2
and 11-9 of the Code of the City of Virginia Beach
pertaining to the Farmer's liarket.
(This matter was deferred on @larch 7, l9s3 to
March 21, 1983 and revised.)
3. Ordinance to amend and reordain Section 35-6(A) of
the Code of the Citv of Virginia Beach, Virginia,
pertaining to Penalty and interest when personal
property taxes not paid on time;
AND,
an Ordinance to amend and reordain Section 35-37 of
the Code of the Cit of Virginia Beach, Virginia,
pertaining to penalty and interest when installment
not paid an time.
4. Ordinance to amend and reordain Section 6-116(a)(3)
of the Code of the Citv of Virginia Beach, Virginia,
pertaining to surfing generall.v.
5. Ordinance, on FIRST READINC, to a')T)ropriate funds of
$331,100 for Dolice and fire vehicles and reduce the
1983-1984 Budget request for those ve-hicles bv
$461,112.
6. Ordinance authorizing and directin@ the Citv Manager
to desil@nate certain areas of Cit,-o@med prodertv on
Tvhich aircraft may be landed.
7. Bingo/Raffle Permits:
Kempsville Meadows Elementarv PTA Raffle
Sleepy Hollow Hunt Club Raffle
Green Run Homes Association Bin@,o
Virginia Beach Stars Softball Raffle
The Virginia Beach Arts Center Raffle
Norfolk FOP Lodge Bingo/Raffle
F. PL@NNIING ITE@IS
1. Ordinance closing, vacating and discontinuing a portion of
Lvnn Slaores Drive in the petition of Thomas G. and Irma C.
Hartv and Thomas M. and Rita K. Vojte'K (Bavside Borough).
a. Letter from the Citv Manager transmits the
recommendation of the Planning Corunission,
and the Viewers concur, for androval.
ITE@l II F. PLANNING ITEMS (Cont'd)
2. Application of Lillian B. Johnson for a variance to Section
4.4(d) of the Subdivision Ordinance which requires that all
lots created in a subdivision have access to a Public
street. She wishes to subdivide a 1.944-acre undeveloped
parcel into two lots, each .972 acre in size.
a. Letter from tlie City Manager transmits the
recommendation of the Planning Commission
for approval.
3. ADplication of Allen J. Gettel, Parliament Building and
Roger W. Grav for a change of zoning from B-2 Communit,-
Business i@strict to 1-1 LiTht Industrial District on a
3.913-acre parcel locat@d along the northeast intersection
of Parliament Drive and Princess Anne Road (Kempsville
Borough).
a. Letter from the City Mana@.er transmits the
recommendation of the Planning Commission
for approval.
4. Application of @Irs. G. J. Gulbranson and Mrs. Nancy Vest
for a change of zoning from R-5 Residential District to
0-1 Office DiTt@ict on a 4.41-acre parcel located along
the north side of Providence Road, east of Indian River
Road (Kempsville Borou@,h).
a. Letter from the Citv @lanager transmits the
recommendation of the Planning Commission
for @nproval.
5. Application of Dimensions, Inc. for a change of zoning
from R-5 Reside tial District to A-1 p@artment District
on a @9 -acre parcel located along the south side of
Baxter Road, east of Princess Anne Road (KemDsville
Borou?h).
a. Letter from tlie Cit, Manager transmits the
recommendation of the Planning Commission
for denial.
6. Application of ERA Arnhold and Companv, Inc. for a change
of zoning from R-8 Residential District to R-9 Residential
District on a 16,988-square foo parcel l.cated along the
northwest corner of Princess -4,nne Road and Belin-@ham Road
(Kempsville Borough).
a. Letter from the Citv Manager transmits the
recommendation of the Planning Commission
for denial.
7. Application of Dominion Building Corporation for a modifi-
cation to the Land Use Plan of Timberlake to include a
commercial site of 1.092 acres located at the southwest
corner of Independence Boulevard and Fo@7qood Drive
(Kempsville Borough).
a. Letter from the Citv @lana5?,er transmits the
recommendation of the Planning Commission
for approval.
G. APPOINT@,TTTS
1. Historical Review Board
2. Personnel Board
3. Public Librarv Board
H. UNFINLSHED BUSINESS
1. Report of the Public Librarv Board re new Central Librarv
(This matter was deferred on Marcli 7, 1983 to @larch 21,
1983.)
1. NEW BUSINESS
J. ADJOUPVIENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
21 March 1983
The Regular Meeting of the Council of the City of Virginia
Beach, Virginia, was called to order by Mayor Louis R. Jones,
in the Conference Room, City Hall Building, on Monday, 21 March
1983, at Eleven o'clock in the morning.
Council Members Present:
John A. Baun, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, J
Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
W. H. Kitchin, III, and Reba S. McClanan
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ITEM #19637
Mayor Jones entertaimed a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE SESSION
.pursuant to the exemptions from opening meetings allowed by
Section 2.1-344 Code of Virginia, as amended, for the
following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of
employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration
of the condition, acquisition or use of real property
for public purpose, or of the disposition of publicly
held property, or of plans for the future of an insti-
tution which could affect the value of property owned
or desirable for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public funds
where competition or bargaining is involved, where if
made public initially the financial interest of the
governmental unit would be adversely affected.
4. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to proceed into the EXECUTIVE SESSION
following the INFORMAL SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baiun, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, J.
Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III, and Reba S. McClanan
- 3 -
ITEM #19638
City Council recessed into EXECUTIVE SESSION, (11:08 a.m.)
City Council reconvened into the INFORMAL SESSION at 1:00 p.m.,
recessed for lunch and returned at 1:30 p.m., with the following
Council Members Present:
John A. Baun, Nancy A. Creech, Harold Heischcber, Vice
Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor
Louis R. Jones, Rcbert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Absent:
None
M A T T E R S B Y T H E M A Y 0 R
BIRTHDAY GREETINGS ITEM #19639
Mayor Jones advised Council that Councilman Heischober celebrated
a birthday on March 20, 1983, and Councilman Jones will celebrate
his on March 25, 1983.
VOITING ON PLANNING AGENDA* ITEM #19640
Mayor Jones advised due to the confusion surrounding the voting
on the Planning Items during last week's Council meeting (March 14,
1983), requested input from Council concerning this matter.
It was the consensus of City Council that those items recommended
for approval by both the Planning Department and the Planning
Commission will be listed as CONSENT on the printed Council Agenda,
subject to rearrangement by Council at the time of the meeting.
Those items on the date advertised, upon which no one appears at
City Council on the date advertised, will be deferred for the
applicant's appearance to agree to recommended conditions.
*Corrected by City Council on March 28, 1983, Item #19651
3/21/83
- 4 -
M A T T E R S B Y C 0 U N C I L M E M B E R S
DRAINAGE/RURAL AREAS ITEM #19641
Councilman Baum advised that C. Oral Lambert, Director of Public
Works, will meet with the farmers in the rural areas for discussion
of drainage.
RECOGNITION OF ART STUDENT ITEM #19642
Councilman Heischober advised that on January 31, 1983, the
City Clerk requested Council's assistance in selecting an
art student for recognition in posters submitted to
recounize Municipal Clerks Week, May 1983.
The City Manager is to prepare the appropriate Resolution
recognizing the student.
KNOTTS ISLAND/SUBDIVISION 1TEM #19643
Vice Mayor Henley advised she requested the staff to study
and report on Knotts Island "as preliminary to a subdivision
request" coming before City Council on March 28, 1983.
The City Mai,.ager advised there will be a Council Briefing on
28 March 1983, concerning this matter.
DRAINAGE/NORTH END ITEM #19644
Councilman Jennings advised that last week (March 14, 1983), a
discussion was held concerning drainage in the North End of
Virginia Beach and offered the following alternative to those
suggested during that discussion:
1. To pump water directly north on Atlantic
Avenue and enter into a "cooperative
arrangement" with the Federal Government
to allow the United States Army to permit
the City of Virginia Beach to construct an
outfall on the "seldom used beach at Fort
Story".
The City Manager was directed to study this matter and report
findings back to City Council.
5 -
FLOODING/SOUTH BOULEVARD
PALACE GREEN BOULEVARD ITEM #19645
Councilwoman Oberndorf made reference to a letter from Bruce
A. Bennett, Brentwood Circle, (Windsor Woods) concerning the
flooding in the Windsor Woods Elementary School and noted the
worse problem existed at the corner of Palace Green and South
Boulevards.
The City Manager advised meetings have been held with the residents
of Windsor Woods concerning this matter and the staff will respond
during a future Council meeting.
C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S
PROPOSED OPERATING BUDGET ITEM #19646
The City Manager advised that Mayor Jones requested Vice Mayor
Henley and Councilman Heischober to review the schedule for
the Fy 1983-84 Operating Budget Workshops and Public Hearings:
Submit to City Council March 28, 1983 - 4:00 p.m.
Workshops April 4 and April 6, 1983
Public Notice of Hearings April 13, 1983
Workshops April 18 and April 20, 1983
Public Hearing (Pavilion) April 27, 1983 - 7:00 p.m.
First Reading may 9, 1983
Second Reading May 12, 1983 - 12-.00 Noon
MARINE SCIENCE MUSEUM ITEM #19647
The City Manager advised that Councilwoman Creech and Councilwoman
McClanan have been working on the Virginia Beach Museum of Marine
Science and noted they have some items to offer for Council's
consideration.
Councilwoman Creech advised they have met with Mack Rawls, Director
of the Museum of Marine Science, and reviewed the situation and
the recommendation of the Committee is "we, in view of the fact
that the Virginia General Assembly has allocated $2-Million in
Contingency Funds to the City of Virginia Beach for construction
of the Museum, recommend to Council that we move ahead with this
project".
- 6 -
The Committee suggested the need to consider possible transfer
of funds in the Capital Improvements Program to meet the con-
struction schedule before July of 1984, to open in the Spring
of 1985.
The City Manager was directed to prepare the appropriate Resolution
for Council's consideration.
Mack Rawls spoke on this matter.
CONSENT AGENDA ITEM #19648
Councilman Heischober asked the City Attorney for legal
clarification on Raffle Permits with regards to raffles
being over $1000 (judge Lam's ruling)?
The City Attorney advised the permits should not be issued if
they are over $1000 and the staff has assured him there are
no permits over $1000.
Councilwoman McClanan requested ITEM II-E.1, Industrial Revenue
Bonds, be removed from the CONSENT AGENDA.
City Council RECESSED into EXECUTIVE SESSION, (2:03 p.m.)
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
21 March 1983
2:15 p.m.
Council Members Present;
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr.*, Mayor Louis R. Jones, Robert G. Jones*,
W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Clayton E. Crigger
Saint rrancis Episcopal Church*'
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN JENNINGS VOICED A VERBAL "AYE"
*COUNCILMAN JONES VOICED A VERBAL "AYE"
**20TH ANNTVERSARY OF THE CHUPCH
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M I N U T E S
ITEM II-D.1 ITEM #19649
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to APPROVE the Minutes of the Regular Meeting
of 14 March 1983.
Voting: 11-0
Council Members Voting Aye:
John A. Baum*, Nancy A. Creech*, Harold Heischober,'
Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,
@yor Louis R. Jones*, Robert G. Jones, W. H. Kitchin,
III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN BAUM VOICED A VERBAL "AYE"
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE"
*'COUNCILMAN HEISCHOBER VOICED A VERBAL "AYE"
*MAYOR JONES VOICED A VERBAL "AYE"
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P R 0 C L A M A T I 0 N
ITEM II-D.2* ITEM #19650
Mayor Jones read a Proclamation proclaiming the week of March
20 - 26, 1983, as:
VIRGINIA BEACH AGRLCULTURE WEEK
Mayor Jones presented the Proclamation to:
DONALD HORSLEY, PRESIDENT
FARM BUREAU
ITEM II-D.3** ITEM #19651
Councilman Jennings made a motion to grant OCEAN RESCUE the Life-
guard Franchise for AREA NUMBER ONE (NORTH AREA).
Councilman Jennings withdrew his motion.
The following spoke on this matter:
Kent Hinnant, Ocean Rescue
Attorney Robert Simpson, Jr., Ocean Rescue
Uldine Lorraine Nixon, Ocean Rescue
Elizabeth Shellburne, Ocean Rescue
Hester Brenster, Ocean Rescue
Michael LaGigilia, Jr., Ocean Rescue
William Dowding, Ocean Rescue
Mr. Maher, Ocean Rescue
Verne Burlege, Ocean Rescue
Attorney Grover C. Wright, Jr., Virginia Beach Patrol
Mayor Jones read the proposed Resolution:
- I 0 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the day of 1983.
On motion by and seconded
by the following Resolution was
adopted.
R E S 0 L U T I 0 N
WHEREAS, the City Council desires to grant the most
responsive and responsible bidder the nonexclusive franchise
to conduct beach equipment rental operations and lifeguard
services along specified portions of the oceanfront in the City of
Virginia Beach, Virginia, pursuant to powers embodied in Section
2.01 of the City Charter and Sections 15.1-839 and 15.1-894 of the
Code of Virginia, 1950, as amended, in the interest of public
health, safety, and welfare; and
WHEREAS, the City of Virginia Beach prepared and
advertised Bid Proposal Documents for the award of such a
franchise; and
WHEREAS, on February 28, 1983, at 7:00 p.m., in City
Council chambers at the City Hall Building, Municipal Center,
Virginia Beach, Virqinia, City Council received and read aloud
bids from W. H. Kitchin, Jr., Ocean Rescue Service, Inc., and
Virginia Beach Patrol, Inc.; and
WHEREAS, City Council has read and evaluated all the
bids pursuant to the factors contained in the Bid Proposal
Documents prepared by the City; and
WHEREAS, after due consideration of the information
contained in the bids and recommendations of City staff, Citv
Council resolves to accept the bids submitted by
for Area No. I and for Area No. 2, subject
to each party executinq a franchise agreement containing the
proposals of the respective parties in their bid proposals.
- I I -
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council accepts the bid of
for the nonexclusive franobise to conduct beacb equipment rental
operations and lifeguard services alona tbe specified portion of
the oceanfront in the City of Virginia Beach, Area No. 1, as
referred to in the franchise aqreement, subject to
executing a franchise agreement containing the proposals set forth
in its bid proposal.
That City Council accepts the bid of
for the nonexclusive franchise to conduct beach equipment rental
operations and lifeguard services along the specified portion of
the oceanfront in the City of Virginia Beach, Area No. 2, as
referred to in the franchise agreement, subject to
executing a franchise agreement containing the proposals set forth
in its bid proposal.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That any and all informalities contained in or
associated with bids submitted by W. H. Kitchin, Jr., Ocean Rescue
Services, Inc., and Virginia Beach Patrol, Inc. are hereby
waived.
BE IT FURTHER RESOLVED:
That the City Attorney is hereby instructed to prepare
the necessary franchise agreement documents for execution by the
successful bidders.
BE IT FURTHER RESOLVED:
That any and all Sections of the Code of the City of
Virginia Beach, Virginia, that may in any way be inconsistent with
the granting of these franchise agreements be repealed.
Adopted by the Council of the City of Virginia Beach,
virginia, on 1983.
RJN/da
3/21/83
(2) -2-
- 1 2 -
Councilman Jennings made a motion, seconded by Councilman Jones,
that OCEAN RESCUE SERVICE be awarded the Franchise Bid for AREA
NUMBER ONE (NORTH AREA) and the Resolution be incorporated in
the motion.
Councilman McCoy offered a SU13STITUTE MOTION to award the
Franchise Bid to VIRGINIA BEACH PATROL, INC., and incorporate
the Resolution in the motion.
There being no second the motion is LOST.
Councilman Heischober offered a SUBSTITUTE MOTION, seconded by
Councilman Baum, to ADOPT the Resolution and award AREA ONE to
OCEAN RESCUE SERVICE and AREA TWO to VIRGINTA BEACH PATROL, INC.
Councilman McCoy offered a SUBSTITUTE to the SUBSTITUTE MOTION,
seconded by Councilman Jennings, to vote on each Lifeguard area
separately.
Voting: 8-2
Council members Voting Aye: (vote on areas separately)
John A. Baizn, Vice Mayor Barbara M. Henley, H. Jack
Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
Nancy A. Creech*, and Harold Heischober
Council Members Abstaining:
W. H. Kitchin, III
Council Mernbers Absent:
None
*COUNCILWOMAN CREECH VOICED A VERBAL "NAY"
3 2 1 8 3
- 1 3 -
The recorded vote on the MAIN MOTION is as follows, (OCEAN RESCUE
awarded AREA ONE of Franchise Bid, NORTH AREA):
Voting: 9-1
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Rc)bert G. Jones, Reba
S. McClanan, and Yeyera E. Oberndorf
Council Members Voting Nay:
J. Henry McCoy, Jr., D.D.S.
Council Members Abstaining:
W. H. Kitchin, III
Council Members Absent:
None
- 1 4-
ITEM #19651(a)
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to award the Franchise Bid for AREA NUMBER TWO
to VIRGINIA BEACH PATROL, INC., (SOUTH AREA) and ADOPT the
Resolution.
Voting: 8-2
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober,
Mayor Louis R. Jones, Robert G. Jones, Reba S.
@Clanan, J. Henry McCoy, Jr., D.D.S., and Yeyera
E. Oberndorf
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, and H. Jack Jennings,
Jr.,
Council members Abstaining:
W. H. Kitchin, III
Council Members Absent:
None
- 16 -
the oceanfront in the City of Virginia Beach, Area No. 1, as
referred to in the franchise agreement, subject to Ocean Rescue
Service executing a franchise agreement containing the proposals
set forth in its bid proposal.
That City Council accepts the bid of Virginia Beach
Patrol, Inc., for the nonexclusive franchise to conduct beach
equipment rental operations and lifeguard services along the
specified portion of the oceanfront in the City of Virginia
Beach, Area No. 2, as referred to in the franchise agreement,
subject to Virginia Beach Patrol, Inc., executing a franchise
agreement containing the proposals set forth in its bid proposal.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That any and all informalities contained in or associated
with bids submitted by W. H. Kitchin, Jr., Ocean Rescue Services,
Inc., and Virginia Beach Patrol, Inc., are hereby waived.
BE IT FURTHER RESOLVED:
That the City Attorney is hereby instructed to prepare
the necessary franchise agreement documents for execution by
the successful bidders.
BE IT FURTHER RESOLVED:
That any and all Sections o@' the Code of the City of
Virginia Beach, Virginia, that may in any way be inconsistent
with the granting of these franchise agreements be repealed.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-First day of March, 1983.
- 1 7 -
C 0 N S E N T A G E N D A
ITEM II-E ITEM #19652
COUNCILMAN McCOY LEFT COUNCIL CHAMBERS
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the CONSENT AGENDA by ONE MOTION with the exception of
II-E.1 and II-E.2 which will be considered separately.
Voting: 10-0
Council Members Voting Aye:
John A. Baimn, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 18-
ITEM II-E.3 1TEM tl9653
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the ordinance to amend and reordain Section
35-6(A) of the Code of the City of Virginia Beach, Virginia,
pertaining to penalty and interest when personal property
taxes not paid on time;
AND,
Ordinance to amend and reordain Section 35-37 of the Code of
the City of Virginia Beach, Virginia, pertaining to penalty
and interest when installment not paid on time.
Voting: 10-0
Council Members Voting Aye:
John A. BaLun, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
-19-
AN ORDINANCE TO AMEND AND REORDAIN SECTION
35-6(A) OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO PENALTY AND
INTEREST WHEN PERSONAL PROPERTY TAXES NOT
PAID ON TIME
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 35-6(a) of the Code of the City of Virginia
Beach, virginia, is hereby amended and reordained as follows:
Section 35-6. Penalty and interest when personal property taxes
not paid on time.
(a) In the event any taxes on personal property are not
paid on or before the time the same are due and payable as set
forth in section 35-5, there shall be added thereto a penalty of
ten (10) percent of the amount of such unpaid taxes or the sum of
ten dollars ($10.00), whichever shall be greater, and such taxes
and penalty shall bear interest commencing on the first day
following the day such taxes were due, at the rate of nine and
six-tenths (9.6) per annum during the first year such taxes are
delinquent, and thereafter at the rate of e4ghteert-+18@ fifteen
and six-tenths (15.6) percent per annum.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 21 day of '.larch 19 83.
MES/sm
3/9/83
(C)
L
- 19a-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-37 OF THE CODE OF THE
CITY OF @7IRCINIA BEACH, VIRGINIA,
PERTAINING TO PENALTY AND INTSREST
WHEN INSTALLMENT NOT PAID ON TIME
BF IT OPDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-37 of the Code of the City of Virqinia
Beach, Virginia, is hereby amended and reordained as follows:
Section 35-37. Penalty and interest when installment not
paid on time.
(a) In the event any installment of taxes on real
estate is not paid on or before the time the same is due and
payable as set forth in section 35-36, there shall be added
thereto a penalty of ten (10) percent of the amount of such
unpaid installment or the sum of ten dollars ($10.00), whichever
shall be qreater, and such installment and penalty shall bear
interest commencinq on the first dav followinq the day such taxes
were due, at the rate of nine and six-tenths (9.6) percent per
annum durinq the first year such taxes are delinauent, and
thereafter at the rate of e-i-ghteen-+;g+ fifteen and six-tenths
(15.6) percent per annum.
(b) The assessment of a penaltv under this section
shall not be deemed a defense tc anv criminal prosection for
failina to make such return of taxable aroperty as mav be
required by law.
Adopted by the Council of the City of Virainia Reach,
Virginia, on the 21 Oay of March 1983.
MES/re
2/25/83
(D)
APPROV'@,D AS
IT
3/2 1/6 2
- 2 0 -
ITEM II-E.4 ITEM #19654
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the ordinance to amend and reordain Section
6-116(a)(3) of the Code of the City of Virginia Beach, Virginia,
pertaining to surfing generally.
Voting: 10-0
Council Members Voting Aye:
John A. Bain Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert C. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
2 1 -
REQUESTED BY CITY @NAGER
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-116(a)(3) OF THF CODE OF
THE CITY OF VIRCINIA BEACH,
VIRGINIA, PERTAINING TO SURFING
GENERALLY
BE IT ORDAINED BY THE COCJNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-116(a)(3) of the Code of the City of
Virginia Beach, Virqinia, is hereby amended and reordained as
follows:
Section 6-116. Surfing Generally.
(3) In the area between the southern boundary of the
United States Naval Reservations, Dam Neck, and
northern line of Little Island Park, between the hours
of sunrise and sunset; except that, between the Friday
before Memorial Day and Labor Day, surfinq is not
perin.itted between the hours of 10:00 a.m. and
5.r99 4:00 1D.m.
Adopted by the Council of the Citv of Virginia Beacli,
Virqinia, on the 21 day of March 1983.
GLF/re
2/25/83
(E)
- 2 2 -
ITEM II-E.5 ITEM #19655
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and APPROVE ON FTRST READING the ordinance to appropriate
funds of $331,100 for police and fire vehicles and reduce the
1983-1984 Budget recluest for those vehicles by $461,112.
Voting: 10-0
Council Members Voting Aye:
John A. Baizn, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
2 3 -
AN ORDINANCE TO APPROPRIATE FUNDS
-OF $331,100 FOR POLICE AND FIRE
VEHICLES AND REDUCE THE 1983-1984
BUDGET REQUEST FOR THOSE VEHICLES
BY $461,112
WHEREAS, recently the Virginia Department of Highways
and Transportation received bids for police and fire
vehicles, and
WHEREAS, the State Office of Purchases and Supply
has indicated that the City may ride this bid and include
its FY84 replacement vehicle purchase of forty police
vehicles and three fire vehicles in this production
order, and
WHEREAS, the unit cost of the winning bid with the
State is approximately $3,000 less than the proposed unit
cost for City vehicles in FY84, and
WHEREAS, an order of forty-three vehicles at this
time will cost $331,100 and reduce the FY84 Police and
Fire Departmenta.1 budget requests for replacement
vehicles bv $461,112.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $331,100 be
appropriated from the General Fund Balance for the
purchase of forty police vehicles and three fire vehicles
as follows:
Appropriation
Police Department $308,000
Fire Department 23,100
Total $331,100
BE IT FURTHER ORDAINED that the FY84 budget requests
of the Police and Fire Departments for the gcquisition
of these vehicles be reduced by $428,811 and $32,301
respectively.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach on day of 1983.
FIRST READI-IG: march 21, 1983
SECOND READI-NG:
- 2 4 -
ITEM II-E.6 ITEM #19656
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance authorizing and directing
the City Manager to designate certain areas of City-owned
property on which aircraft may be landed.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent-
J. Henry McCoy, Jr., D.D.S.
2 5 -
REQUESTED BY: CITY MANAGER
AN ORDINANCE AUTHORIZING AND DIRECTING THE
CITY MANAGER TO DESIGNATE CERTAIN AREAS OF
CITY-OWNED PROPERTY ON WHICH AIRCRAFT MAY
BE LANDED
WHEREAS, Section 15.1-257 of Title 15.1 states that the
fee simple onwership of the lands on which the courthouse and other
city offices are located shall be in the City; and
WHEREAS, the Charter authorizes the City to control and
regulate the use and management of all of its property, both real
and personal; and
WHEREAS, Section 23-4 of the City Code makes it a misde-
meanor for any aircraft to take off orilald from any property unless
designated for that purpose by the owner except when taking off or
landing from an established field; and
WHEREAS, the Office of Emergency Medical Services has
requested that the Nightingale helicopter be allowed to land on the
grounds of the Municipal Center as part of Virginia Beach City
Hall day; and
WHEREAS, such a request may occur again in the future;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT the City Manager is authorized and directed to
designate landing areas on city property for various aircraft.
TH-@S ordinance shall be in effect from the date of its
adoption.
ADOPTED: March 21, 1983
JDB:er APPR-IVED -'S TO C0,12TE,@IT
3-15-8 3
- 2 6 -
ITEM II-E.7 TTEM #19657
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the following Bingo/Raffle Permits:
Y,-empsville Meadows Elementary PTA Raffle
Sleepy Hollow Hunt Club Raffle
Green Run Homes Association Bingo
Virginia Beach Stars Softball Raffle
The Virginia Beach Arts Center Raffle
Norfolk FOP Lodge Bingo/Raffle
Voting: 10-0
Council Members Voting Aye:
John A. Baixn, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 2 7 -
ITEM II-E.1 ITEM'@19658
COUNCILMAN McCOY RETURNS TO COUNCIL CHAMBERS
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recoinmendation of the City
Manager and ADOPT the Resolutions approving Industrial Revenue
Bonds and direct the City Manager to send verbatim transcript
relating the concerns of City Council regarding Industrial
Development Revenue Bonds to members of both the State and
Federal Legislature.
a. Resolution of City Council approving the
issuance of Industrial Development Revenue
Bonds to SCHELL FAMILY PARTNERSHTP FACILITY
($600,000).
b. Resolution approving the issuance of Industrial
Development Revenue Bonds for DONALD B. NORRIS
AND NELLIE M. NORRIS ($304,000).
C. Resolution approving the issuance of Industrial
Development Revenue Bonds for LA QUINTA MOTOR
INNS, INC., ($4,500,000).
d. Resolution of City Council approving the issuance
of Industrial Development Revenue Bond to BEVERLY
ENTERPRISES ($8,000,000).
e. Resolution approving the issuance of Industrial
Development Revenue Bonds for BIRDNECK OFFICE
CONDOMINIUM ASSOCIATES ($3,000,000).
f. Resolution of City Council approving the issuance
of Industrial Development Revenue Bond for BAYVTLLE
FARMS ASSOCIATES ($200,300).
g. Resolution approving the issuance of industrial
Development Revenue Bonds for LUDWTG STERNLICHT
($800,000).
h. Resolution approving the issuance of Industrial
Development Revenue Bonds for BAY PROPERTIES
($3o6,ooo).
i. Resolution approving the plan of financing and
issuance of Industrial Development Revenue Bonds
for AIR RATL PROPERTIES ($50,000).
j. Resolution approving the plan of financing of
B & W ($1,000,000).
k. Resolution of City Council approving the issuance
of Industrial Development Revenue Bonds to SHORE
DRIVE ASSOCIATES FACILTTY ($990,000).
1. Resolution approving the issuance of Industrial
Development Revenue Bonds for ROBERT W. WADDELL
($2,000,000).
-27a
Voting: 10 - I
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, B. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
2 8-
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers in the
Administration Building, on the 21 day of march
1 9 8 3
On motion by Councilman @lccoy and
seconded by councflwoman creecti the following reso-
lution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BOND TO SCHELL FAMILY PARTNERSHIP
FACILITY
WHEREAS, the City of Virginia Beach Development
Authority of Virginia Beach, virginia (the Authority) has
considered the application of SCHELL FAMILY PARTNERSHIP (the
Purchaser) for the issuance of the Authority's industrial
development revenue bond in an amount not to exceed $600,000
(the Bond) to assist in the financing of the acquisition of
a warehouse/office facility (the Facility) in Virginia
Beach, Virginia, and has held a public hearing thereon on
March 8, 1983
WHEREAS, the Authority has requested the City
Council (the Council) of Virginia Beach, Virginia (the City)
to approve the issuance of the Bond to comply with Section
103(k) of the Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bond, subject to terms to be
agreed upon and a record of the public hearing has been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bond by the City of
Virginia Beach Development Authority o-F Virginia Beach,
virginia, for the benefit of SCHELL FAMILY PARTNERSHIP, to
[gar] Page 1
3/21/83
- 2 9 -
the extent required by Section 103(k) of the Internal Revenue
Code, to permit the Authority to assist in the financing of the
Facility.
2. The approval of the issuance of the Bonds, as required
by section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company, but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on March 21, 1983 1983.
CMS/CJ/da
3/11/83
APPROVED AS TO CONTE@.
SIGNATUR.@
DEPARTMENT
APUO ED AS flO
;FORM
SSGNATUV i-
@CITY ATTORNEY
-2-
- 3 0 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 21 day of March -, 1983.
On motion bv Councilman %IcCoy and seconded by
Councilwoman Creech , the following Resolution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR DONALD B. NORRIS AND
NELLIE M. NORRIS
WHEREAS, the City of Virqinia Beach Development Authority
(the Authority), has considered the application of Donald B.
Norris and Nellie M. Norris (the Purchasers) for the issuance of
the Authority's industrial development revenue bonds in an amount
estimated at $304,000 (the Bonds) to assist in the financing of
the Purchaser's acquisition, construction, and equipping of an
office building facility (the Facility) in Virginia Beach,
Virginia, and has held a public hearing thereon on March 8, 1983;
and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Donald B. Norris and
Nellie M. Norris, to the extent of and as required by Section
103(k) of the Internal Revenue Code, to permit the Authority to
assist in the financing of the Facility.
2
- 3 1 -
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Purchasers, but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on March 21 1983.
CMS/CJ/da
3/11/83
A;)PROVED AS TO CONTENT
D;O
OVID
CITY ATTORNEY
-2-
- 3 2 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Buildinq, on the 21 day of March 1983.
on motion by Councilman McCoy and seconded by
Councilwoman Creech @t @@ol-lowing Resolution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR LA QUINTA MOTOR INNS, INC.
WHEREAS, the City of Virginia Beach Development Authority
(the Authority), has considered the application of La Quinta
Motor Inns, Inc. (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $4,500,000 (the Bonds) to assist in the financinq
of the Company's acquisition, construction, and equipping of a
motel facility (the Facility) in Virginia Beach, Virginia, and
has held a public hearing thereon on March 8, 1983; and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Reach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of La Quinta Motor Inns,
Inc., to the extent of and as required by Section 103(k) of the
Internal Revenue Code, to permit the Authority to assist in the
financing of the Facility.
- 3 3 -
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company, but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on -March 21 1983.
CMS/CJ/da
3/11/83
A;)PROVED AS To CONTENT
I)E@'A R Tl'.i,','AT
V D Al 0 or
M
"T, TT@', 'y
-2-
3 4 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Ch-bers, in the Administration
Building, on the 21 day of March, 1983.
On motion by Councilman McCoy and seconded by
councilwoman Creech , t e@following Resolution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO BEVERLY ENTERPRISES
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the Authority), has considered the application
of Beverly Enterprises, a California corporation authorized to do busi-
ness in the Commonwealth of Virginia (the Company) for the issuance of
the Authority's industrial development revenue bond in an amount esti-
mated at Eight Million Dollars ($8,000,000.00) (the Bond) to assist in
the financing of the Company's acquisition, construction, and equipping
of a facility for use as a regional headquarters of the Company (the
Facility) in Virginia Beach, Virginia, and after proper notice in a
newspaper of general circulation has held a public hearing on March 8,
1983, at the Authority's office at 401 Lynnhaven Parkway, Virginia
Beach, Virginia.
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the issuance
of the Bond to comply with Section 103(k) of the Internal Revenue Code
of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be agreed upon and a record of
the notice and public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, a.opro-
ves the issuance of the Bond by the City of Virginia Beach Development
Authority of Virginia Beach, Virginia, for the benefit of Beverly
Enterprises, to the extent required by Section 103(k) of the Internal
Revenue Code, to permit the Authority to assist in the financing of the
Facility.
2. The approval of the issuance of the Bond, as required by
-1-
- 3 5 -
Section 103(k), does not constitute an endorsement of the Bonds
or the creditworthiness of the Company, but, pursuant to Chapter
643, Virginia Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Authority shall be
obligated to pay the Bonds or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power of
the Commonwealth, the City, or the Authority shall be pledged
thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on march 21 1983.
CMS/CJ/da
1/28/83
3/4/83
3/9/8 3
(I.1)
.,\;IPR@vir" -@ lu
Si iq@iLkE
AP
C77- A7T@-)k,'@Ey
-2-
- 3 6 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 21 day of March 1983.
On motion by Councilman McCoy and seconded by
Councilwoman Creech the follo4-lng Reso@ution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR BIRDNECK OFFICE
CONDOMINIUM ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority
(the Authority), has considered the application of Birdneck
Office Condominium Associates (the ComlDany) for the issuance of
the Authority's industrial development revenue bonds in an amount
not to exceed $3,000,000 (the Bonds) to assist in the financing
of the Company's acquisition, construction, and equipping of an
office building facility (the Facility) in Virginia Beach,
Virginia, and has held a public hearing thereon on March 8, 1983;
and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of VirQinia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Birdneck Office
Condominium Associates, to the extent of and as req,uired by
Section 103(k) of the Internal Revenue Code, to permit the
Authority to assist in the financing of the Facility.
- 3 7 -
2. The approval of the issuance of the Bonds, as re@luired
by Section 103(k), does not constitute an endorseirent of the
Bonds or the creditworthiness of the Company, but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and monevs
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on March 21 1983.
CMS/CJ/da
1/28/83
3/4/8 3
3/9/83
APPROVED AS TO CONTENT
SIGN T RE
D@IART,Iil,T
DAI
'.A
CITI ATT,@"',
-2-
- 3 8 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the
Administration Building, on the 21st day of March, 1983.
On motion by Councilman McCoy and seconded
by Councilwoman Creech the following Resolution was
adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND FOR BAYVILLE FARMS ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority
of Virginia Beach, Virginia (the Authority), has considered
the application of Bayville Farms Associates, a Virginia
general partnership (the Company) for the issuance of the
Authority's industrial development revenue bond in an amount
not to exceed $200,300 (the Bond) to assist in the financing
of the Company's ac@iisition of certain equipment and
renovation of agricultural facilities (collectively, the
Facility) in Virginia Beach, Virginia, and has held a public
hearing thereon on March 8, 1983; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to
approve the issuance of the Bond to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bond, subject to terms to be agreed upon
and a record of the public hearing has been filed with the
Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bond by the City of
Virginia Beach Development Authority, for the benefit of the
3 / 2 18 3
- 3 9 -
Company to the extent required by Section 103(k) of the Internal
Revenue Code, to permit the Authority to assist in the financing
of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorseinent of the
Bonas or the creditworthiness of the Company, but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virqinia Beach,
Virginia, on March 21 1983.
CMS/CJ/da
3/11/83
APPROVED AS TO CONTENT
DEP,4@TM@INT
\M&ID @R@IORM
2)
SICN-T@'l@
CITY ATTORNEY
-2-
2 1 /8
- 4 0 -
A meeting of the Council of the City of Virainia Beach,
Virginia, was held in the Council Chambers, in t@e Administration
Building, on the 21 day of March 1983.
on motion by Councilman 'IcCoy and seconded by
Councilwoman Creecli , -t e following Resolution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR LUDWIG STERNLICHT
WHEREAS, the City of Virginia Beach Development Authority
(the Authority), has considered the application of Ludwig
Sternlicht (the Company) for the issuance of the Authority's
industrial development revenue bonds in an amount not to exceed
$800,000 (the Bonds) to assist in the financing of the Company's
acquisition, construction, and equipping of a medical office
building and cancer chemotherapy clinic facility (the Facility)
in Virginia Beach, Virginia, and has held a public hearing
thereon on March 8, 1983; and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bonds to complv with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the Citv of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Ludwig Sternlicht, to
the extent of and as required bv Section 103(k) of the Internal
Revenue Code, to per.,nit the Authority to assist in the financing
of the Facility.
- 4 1
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company, but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on @larch 21 1983.
CMS/CJ/da
1/28/83
3/4/83
3/9/83
(I.1)
APPROVED AS TO CONTENT
SIG ATLRE
EPARTM T
ED A 0 OR@
,c; "',@ E
C', ATT,
-2-
3 / 2 18 3
- 4 2 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 21 day of March 1983.
on motion by Councilman McCoy and seconded by
Councilwoman Creec , t e o fowing Reso ution was adopted.
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE
BONDS FOR BAY PROPERTIES
WHEREAS, the City of Virginia Beach Development Authority
(the Authority), has considered the application of Bay Properties
(the Company) for the issuance of the Authority's industrial
development revenue bonds in an amount not to exceed $300,000
(the Bonds) to assist in the financing of the Company's
acquisition, construction, and equipping of an office and
warehouse facility (the Facility) in Virginia Beach, Virainia,
and has held a public hearing thereon on march 8, 1983; and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Bay Properties, to the
extent of and as required by Section 103(k) of the Internal
Revenue Code, to permit the Authority to assist in the financing
of the Facility.
- 4 3 -
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company, but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on March 21 1983.
CMS/Ci/da
3/11/83
APPROVED AS TO CONTENT
SIGNATURE
EPARTMENT
ID Al 0, 0 M
1!7 15
cIIA T.
C,T, ATT""'y
-2-
3 1 / 2 3
- 4 4 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 21 day of March 1983.
on motion by councilman NlcCOY and seconded by
Councilwoman Cree-Eh -, the following Resolution was adopted.
RESOLUTION APPROVING THE PLAN OF
FINANCING AND ISSUANCE OF
INDUSTRIAL DEVELOPMENT AEVENUE
BONDS FOR AIR RAIL PROPERTIES
WHEREAS, the City of Virginia Beach Development Authority
(the Authority), has considered the application and plan of
financing of Air Rail Properties (the Company) for the issuance
of the Authority's industrial development revenue bonds in an
amount estimated at $50,000.00 (the Bonds) to assist in the
financing of the Company's acquisition, construction, and
equipping of an office, warehouse, and storage facility (the
Facility) in Virginia Beach, Virginia, and has held a public
hearing thereon on March 8, 1983; and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
plan of financing and issuance of the Bonds to comply with
Section 103(k) of the Internal Revenue Code of 1954, as amended;
and
WHEREAS, a copy of the Authority's resolution approving the
plan of financing and issuance of the Bonds, subject to terms to
be agreed upon, and a record of the public hearing has been filed
with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIR@.INIA
BEACH, VIRGINIA:
1. The Council of the City of Virqinia Beach, Virginia,
approves the plan of financing and issuance of the Bonds bv the
City of Virginia Beach Development Authority for the benefit of
Air Rail Properties, to the extent of and as required by Section
103(k) of the Internal Revenue Code, to permit the Authoritv to
assist in the financing of the Facility.
-1-
- 4 5 -
2. The approval of the plan of financing and issuance of
the Bonds, as required by Section 103(k), does not constitute an
endorsement of the Bonds or the creditworthiness of the Company,
but, pursuant to Chapter 643, virginia Acts of Assembly of 1964,
as amended, the Bonds shall provide that neither the City nor the
Authority shall be obligated to pay the Bonds or the interest
thereon or other costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the Citv of Virginia Beach,
Virginia, on March 21 1983.
CMS/Ci/da
3/11/83
APPROVED AS To CONTENT
S NATURE
EPARTM NT
CffY ATT@
-2-
- 4 6 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 21 - day of -- March 1983.
On motion by councilman McCoy and seconded by
Councilwoman Creec@ -, t e-ffllowinq Reso ution was adopted.
RESOLUTION APPROVING THE PLAN OF FINANCING OF B & W
WHEREAS, the City of Virginia Beach Development Authority
(the Authority), has considered the application and plan of
financing of B & W (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $1,000,000 (the Bonds) to assist in the financing
of the Company's acquisition, construction, and equipping of
office buildings to comprise a modern office complex facility
(the Facility) in virginia Beach, Virginia, and has held a public
hearing thereon on March 8, 1983; and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
plan of financing to comply with Section 103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
plan of financing, subject to terms to be agreed upon, and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the plan of financing by the City of Virginia Beach
Development Authority for the benefit of B & W, to the extent of
and as required by Section 103(k) of the Internal Revenue Code,
to permit the Authority to assist in the financing of the
Facility.
- 4 7 -
2. The approval of the plan of financing, as required by
Sectioii 103(k), does not constitute an endorsement of the Bonds
or the creditworthiness of the Company, but, pursuant to Chapter
643, Virginia Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Authority shall be
obligated to pay the Bonds or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power of
the Commonwealth, the City, or the Authority shall be pledged
thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on March 21 1983.
CMS/CJ/da
3/11/83
APPROVED AS TO CONTENT
SIGNATU.@i
DEPAif, -A @.,j T
@2ftv,D
v
CITY AT70RNff
-2-
- 4 8 -
A m(,eting of the Council of the City of Virginia
Beach, virginia, was held in the Council Chambers, in the
Administration Building, on the 21 day of March
1 9 8 3
on motion by Councilman McCoy and
seconded by -Councilwoman Creech the ollowing reso-
lution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BOND TO SHORE DRIVE ASSOCIATES
FACILITY
WHEREAS, the City of Virginia Beach Development
Authority of Virginia Beach, Virginia (the Authority) has
considered the application of SHORE DRIVE ASSOCIATES (the
Purchaser) for the issuance of the Authority's industrial
development revenue bond in an amount not to exceed $990,000
(the Bond) to assist in the financing of the construction
and equipping of a mini-warehouse facility (the Facility) in
Virginia Beach, Virginia, and has held a public hearing
thereon on March 8, 1983;
WHEREAS, the Authority has requested the City
Council (the Council) of Virginia Beach, Virginia (the City)
to approve the issuance of the Bond to comply with Section
103(k) of the Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bond, subject to terms to be
agreed upon and a record of the public hearing has been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bond by the City of
Virginia Beach Development Authority of Virginia Beach,
Virginia, for the benefit of SHORE DRIVE ASSOCIATES, to the
[gar] Page 1
3@/21/83
4 9 -
extent required by Section 103(k) of the Internal Revenue Code,
to permit the Authority to assist in the financing of the
Facility.
2. The approval of the issuance of the Bonds, as
required by Section 103(k), does not constitute an endorsement of
the Bonds or the creditworthiness of the Company, but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon or
other costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on March 21 198 3.
CMS/CJ/da
3/9/8 3
APPROVED AS TO CONTENT
5@GNAtURE
EPARTMENT
CrrY ATTORNEY
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3 3
- 5 a -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the council Chambers, in the Administration
Building, on the 21 day of March 1983.
On motion bv councilman @IcCoy and secondedeby
Councilwoman Cree h , the f l@lowing Resolution was adopt d.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR ROBERT W. WADDELL
WHEREAS, the City of Virginia Beach Development Authority
(the Authority), has considered the application of Robert W.
Waddell (the Company) for the issuance Of the Authority's
industrial development revenue bonds in an amount not to exceed
$2,000,000 (the Bonds) to assist in the financing of the
Company's acquisition, construction, and equipping of an office
building facility (the Facility) in Virginia Beach, Virginia, and
has held a public hearing thereon on March 8, 1983; and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed uoon, and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Robert W. Waddell, to
the extent of and as required by Section 103(k) of the Internal
Revenue Code, to permit the Authority to assist in the financing
of the Facility.
3/21/83
- 5 1-
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company, but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Alithority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on ilarch 21 1983.
CMS/Ci/da
3/11/83
APPROVED AS TO CONTENT
SIGNATURE
DEPAPTMENT
KID ASIO 4ORM
'5 l@/ff @ -
L- S#GNATLKL
CITY ATTOINEY
-2-
- 5 2 -
ITEM II-E.2 ITEM #19660
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to amend and reordain Sections
11-1, 11-2 and 11-9 of the Code of the City of Virginia Beach
pertaining to the Farmer's Market. (This matter was deferred
on March 7, 1983, to March 21, 1983, and revised.)
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 5 3-
REQUESTED BY: CITY MANAGER/DEPARTMENT OF AGRICULTURE
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 11-1, 11-2 AND 11-9 OF THE
CODE OF THE CITY OF VIRGINIA BEACH
PERTAINING TO THE FARMER'S MARKET
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 11-1, 11-2 and 11-9 of the Code of the
City of Virginia Beach is hereby amended and reordained to read
as follows:
Section 11-1. Definition.
For the purpose of this chapter, the word "market" shall
mean the Virginia Beach Farmer's Market, as established by
section 11-2, and the term mean food,
nursery, crafts, and other goods authorized by the city manager.
Section TI-2. Compliance with chapter, etc.
Every person selling or offering farm or domestic feed
products for sale in the market shall observe, comply with and be
bound by this thapter and all other provisions of this Code and
all other laws, ordinances and resolutio@ relating to the sale
or offering for sale of farm and domestic fe(58 products, as well
as the rules and requlations provided for in section 11-7.
Section 11-9. Rental Charges and periods generally.
f$gSvGG+-per-weekT
f+fty-eents-+$42759+-per-week7
fi-fty-eents-+$+2v59+-per-week7
5 4 -
(a) The city manager shall establish and adjust all rental
periods as well as all rents, fees, and other charges applicable
to the farmer's market. The revenues received by the city from
those offering or selling farm or domestic products on the
farmer's market shall be used to maintain and operate the
market.
(b) All rent payments, fees, and other charges attributable
to those offering or selling farm or domestic products on the
market shall be collected as rents and paid no later than the end
of the rental period.
(c) No charges will be made to individuals invited by the
market staff to participate in promotional events.
(d) Special signs will be provided to market tenants at a
rate established by the city manager.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 21 day of March 1983.
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RJN/da
3/14/83
(A)
- 5 5 -
P L A N N I N G A G E N D A
ITEM II-F.1 ITEM #19661
COUNCILWOMAN CREECH LEFT COUNCIL CHAMBERS
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to DEFER INDEFINITELY the Ordinance closing,
vacating and discontinuing a portion of Lynn Shores Drive in the
petition of Thomas G. and Irma C. Harty and Thomas M. and Rita K.
Voitek, in the Bayside Borough.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
5 6 -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS LYNN SHORES DRIVE, AS SHOWN
ON THAT CERTAIN PLAT ENTITLED -PLAT OF STREET CLOSURE OF A PORTION OF
LYNN SHOPES DRIVE (FORMERLY WESTBROOK IANE), BETWEEN ELBA STREET AND
RUMFORD LANE, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PIAT
IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF
VIRGINLA BF-ACE, VIRGINIA IN MAP BOOK 41, AT PAGE 13 AND IN MAP BOOK 52,
AT PAGE 7.
WHEREAS, it appearing by Affidavit that proper notice has
been given by Thomas M. Vojtek, Rita K. Vojtek, Thomas G. Harty and Irma
C. Harty, that they would make application to the Council of the City
of Virginia Beach, Virginia on 1983, to have the
hereiaafter described street discontinued, closed and vacated; and
WHERFAS, it is the judgment of the Council that &aid street be
discontinued, closed and vacated;
NOW, TUEREFORE,
SECTION I
BE IT ORDAIM by the Council of the City of Virginia Beach,
That the hereinafter described street is to be discontinued, closed and
vacated:
PARCEL A: Beginning at a point of curve, said point being S. 70' 171 24"
W. 10.00' from the northwest intersection of Elba Street and Lynn Shores
Drive; theuce proceeding in a northeast to northern direction along a
curve to the left having a radius of 10.00' a distance along the arc of
15.711 to a point of tangency; thence proceeding N. 19' 421 36- W. 50.101
to a point; thence proceeding N. 56' 311 56" W. 17.581 to a point; thence
turning and proceeding N. 89* 001 21" E. 33.001 to a point; thence turning
and proceeding in a southerly direction along a curve to the left having
a radius of 750.001 a distance along the arc of 51.921 to a point of
reverse curve; thence proceeding in a south to southwesterly direction along
a curve to the right having a radius of 10.001 a distance along the arc
of 13.131 to a point of tangency; thence proceeding S. 70* 171 24" W.
25.041 to the point of beginning. Parcel containing 2,093 square feet.
PARCEL B: Beginning at a point of curve, said point being S. 56@ 311 56-
E. 10.87' from the southwest intersection of Rumford Lane and Lynn Shores
Drive; thence proceeding in a southeast to southerly direction along a
curve to the right having a radius of 10.001 a distance along the arc of
11.15' to a point of reverse curve; thence proceeding in a southerly
direction along a curve to the left having a radius of 750.00 ' a distance
along the arc of 109.42' to a point; thence turning and proceeding S. 89*
001 21- W. 53.001 to a point; thence turning and proceeding N. 19'
561 19' E. 125.831 to a point of curve; thence proceeding in a north to
northwesterly direction along a curve to the left having a radius of
10.001 a distance along the arc of 13.351 to a point of tangency; thence
turning and proceeding S. 56@ 31' 56" E. 18.751 to the point of beginning.
Parcel containing 4,000 square feet.
5 7 -
All of the above as shown upon that certain plat entitled -Plat
of Street Closure of a Portion of Lynn Shores Drive (formerly Westbrook
Lane), between Elba Street and Rumford Lane, Bayside Borough, Virginia
Beach, Virginia", which plat is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the aforedescribed
street.
SECTION 11
A certified copy of this Ordinance shall be filed in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, as if
it were a deed to land.
SECTION III
This Ordinance shall be effective thirty (30) days from the date
of its passage.
3 2 8 3
- 5 8-
ITEM II-F.2 ITEM #19662
MAYOR JONES LEFT COIJNCIL CHAMBERS
Robert Johnson represented the applicant
UlDon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of LILLIAN B. JOHNSON for a
Variance to Section 4.4(d) of the Subdivision ordinance as per the
following:
Appeal from Decisions of Administrative officers in
regard to certain elements of the Subdivision Ordinance,
Subdivision for Lillian D. Johnson. Property located on
the East side of Avalon Avenue, 250 feet more or less
South of Lancelot Drive. Plats with more detailed
information are available in the Department of Planning.
KEMPSVILLE BOROUCH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Yzyor Barbara
M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, IIT, Reba S'McCianan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech,, and Mayor Louis R. Jones
- 5 9-
ITEM II-F.3 ITEM #19663
Allen J. Gett spoke in behalf of his application
John McKenzie represented the application
Roger W. Gray, property owner, spoke in favor
Upon motion by Councilman McCoy, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation
of the Planning Commission and APPROVE the application of
ALLEN J. GETTEL, PARLIAMENT BUILDING AND ROGER W. GRAY for
a Change of Zoning District Classification as per the following:
ORDINANCE UPON APPLICATION OF ALLEN 7. Z0383708
GETTEL, PARLIAMENT BUILDING AND ROGER
W. GRAY FOR A CHANGE OF ZONING DISTRICT
CIASSIFICATION FROM B-2 COMMUNITY-BUSINESS
DISTRICT to I-1 LIGHT INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Allen J. Gettel, Parliament
Building and Roger W. Gray for a Change of Zoning District
Classification from B-2 Community-Business District to I-I
Light Industrial District on certain property located at the
Northeast intersection of Princess Anne Road and Parliament
Drive, running a distance of 757 feet more or less along the
North side of Parliament Drive, running a distance of 181.82
feet along the Eastern property line, running a distance of
750 feet more or less along the Northern property line and
running a distance of 204.92 feet along the Western property
line. Said parcel contains 3.193-acres. KEMPSVILLE BOROUGH.
During further review of the development plans for this
project, the following may be required by the staff:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. On-site retention of storm water may be required
since it appears that the present drainage system
in the area is inadequate.
Prior to the changing of the official zoning maps, the
following condition will be met:
1. A 15-foot dedication along the frontage of the
2.237-acre tract on Parliament Drive, to align
with the right-of-way of the 0.136-acre tract
adjacent.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-First day of March, 1983.
- 60-
Voting: 10-0
Council members Voting Aye:
John A. Baum, Nancy A. Creech*, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones*, Robert G. Jones, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
*COUNCILWOMAN CREECH RETURNED TO CHAMBERS
*MAYOR JONES RETURNED TO CHAMBERS
- 6 1 -
ITEM II-F.4 ITEM #19664
COUNCILMAN KITCHIN RETURNED TO COUNCIL CHAMBERS
Gil Holt, Engineer, represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of MRS. C. J. GULBRANSON
AND MRS. NANCY VEST for a Change of Zoning District Classification
as per the follow .
@ng:
ORDINANCE UPON APPLICATION OF MRS. G. J. Z0383709
GULBRANSON AND MRS. NANCY VEST FOR A
CHANGE OF ZONING DISTRICT CTASSIFICATION
FROM R-5 RESIDENTIAL DISTRICT TO 0-1 OFFICE
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Mrs. G. J. Gulbranson and
Mrs. Nancy Vest for a Change of Zoning District Classifi-
cation from R-5 Residential District to 0-1 office District
on property located on the North side of Providence Road
beginning at a point 260 feet more or less East of Indian
River Road, running a distance of 600 feet along the North
side of Providence Road, running a distance of 290 feet
along the Eastern property line, running a distance of 740
feet along the Northern property line, running a distance
of 40 feet in a Southerly direction, running a distance of
145 feet in an Easterly direction and running a distance of
210 feet in a Southerly direction. Said parcel contains
4.41-acres. KEMPSVILLE BOROUGH.
During further review of the development plans for this
project, the following may be required by the staff:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. A limit of one entrance on Providence Road aligned
with the existing median cut on Providence Road.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-First day of March, 1983.
3/21/83
6 2 -
Voting: 1 1- 0
Council Members Voting Aye:
John A. BaLun, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, IIT, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
3 21 8
- 6 3 -
ITEM II-F.5 TTEM'tl9665
Walter Monahan represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to APPROVE the application of DIMENSIONS, INC.,
for a Change of Zoning District Classification as per the following:
ORDINANCE UPON APPLICATION Or DIMENSIONS Z0383710
INC., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5 RESIDENTIAL DISTRICT
TO A-1 APARTMENT DISTRTCT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
ordinance upon applica-lion of Dimensions, Inc.,
for a Change of 70ning District Classification
from R-5 Residential District to A-1 Apartme@t
District on certain property located on the
South side of Baxter Road beginning at a point
1530 feet East of Princess Anne Road, running a
distance of 250 feet alonq the South side of
Baxter Road, running a distance of 935.30 feet
along the Eastern property line, running a dis-
tance of 181.80 feet along the Southern property
line and running a distance of 805.30 feet along
the Western property line. Said parcel contains
4.97-acres. KEIAPSVILLE BOROUGII.
During further review of the development plans
for this project, the following may be required
by the staff:
i. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3@ On-site retention of storm water and/or
upgrading of drainage facilities may be
required since the drainage system in the
area is incapable of handling the generated
runoff from this development.
Prior to the changing of the official zoning maps,
the following conditions must he met.
1. A 25-foot dedication along the frontage on
Baxter Road, 40-feet from the centerline of
the old 30-foot right-of-way to provide for
an ultimate 80-foot right-of-way as per the
alignment plans on file with the Department
of Public Works, Engineering Division.
2. Resubdivision of the property and vacation of
internal lot lines to avoid the creation of
nonconforming lots and to ensure that all lots
have access to a public street.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-First day of March, 1983.
6 4 -
Voting: 8- 3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert
G. Jones, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S.
CoUncil Members Voting Nay:
Vice Mayor Barbara M. Henley, W. H. Kitchin, III, and
Meyera E. Oberndorf
Council Members Absent:
None
- 6 5 -
ITEM II-F.6 ITEM #19666
COUNCILMAN JONES LEFT COUNCIL CHAMBERS
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of ERA ARNHOLD AND COMPANY
for a Change of Zoning District Classification as per the following:
Ordinance unon application of ERA Arnhold and
Company, Inc., for a Change of Zoning District
Classification from R-8 Residential District to
R-9 Residential-Townhouse District on property
located at the Northwest corner of Princess Anne
Road and Bellingham Road, running a distance of
131.54 feet along the North side of Princess
Anne Road, running a distance of 156.41 feet along
the Western property line, running a distance of
124.96 feet along the Northern property line and
running a distance of 115.98 feet along the West
side of Bellingham Road. Said parcel contains
16,988 square feet. KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for denial)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, iii,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
- 6 6 -
ITEM II-F.7 ITEM ' tl9667
Attorney Grover C. Wright, Jr., represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation
of the Planning Commission and APPROVE the application of
DOMINION BUILDING CORPORATTON as per the following:
ORDINANCE UPON APPLTCATION OF DOMINION Z0383711
BUILDING CORPORAT10N FOR A MODIFICATION
TO THE LAND USE PLAN OF TIMBERLAKE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Dominion Building
Corporation for a modification to the Land Use
Plan of Timberlake to include a commercial site
of 1.092-acres located at the Southwest corner
of Independence Boulevard and Foxwood Drive.
Plats with more detailed information are
available in the Department of Planning.
During further review of the development plans
for the project, the following may be required
by the staff:
1. Standard improvements as required by the Site
Plan ordinance.
2. City water and sewer.
3. On-site retention of storm water may be
required since it appears that the drainage
system in the vininity is inadequate.
It is also agreed that the following conditions
will be met:
1. No ingress/egress will be permitted along
Independence Boulevard.
2. The number of units in the Timberlake project
shall be reduced by 15.
3. The use of the property is to be limited to
those uses as specified in the proposed
agreement, dated February 8, 1983, hy and
between Dominion Building Corporation and
the City of Virginia Beach.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-First day of March, 1983.
3/21/83
6 7 -
Voting: 1 1- 0
Council Members Voting Aye:
John A. BaLun', Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley*, H. Jack Jennings,
Jr., Mayor Louis R. Jones*, Robert G. Jones*, W. H.
Kitchin, III*, Reba S. McClanan*, J. Henry McCoy,
Jr., D.D.S.*, and Meyera E. Oberndorf'
Council Members Voting Nay:
None
Council Members Absent:
None
'VOICED VERBAL "AYES"
- 6 8-
A P P 0 I N T M E N T S
ITEM II-G.1/2/3 ITEM #19668
Consideration of appointments to the HISTORICAL REVIEW BOARD,
PERSONNEL BOARD and PUBLIC LIBRARY BOARD were rescheduled to
a future Council Meeting.
U N F I N I S H E D B U S I N E S S
ITEM II-H.1 ITEM #19669
Jack Robertson, Chairman of the Public Library Board, spoke
before Council concerning the Central Library.
Councilman Jennings made a motion, seconded by Councilwoman
McClanan, that the City Council instruct the staff to stop
all preparation and work on the Thalia site and the Council
give careful consideration to the establishment of a First
Class "Blue Chip" Review Committee to study the entire
Capital Development Plan of the Department of Public Libraries
and its cost effectiveness in view of other pressing financial
priorities of this City.
Voting: 2-9
Council Members Voting Aye:
H. Jack Jennings, Jr., and Reba S. McClanan
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
- 6 9-
ITEM #19670
City Council congratulated Robert Scott, Planning Director, on
his recent marriage.
ITEM q9671
Mayor Jones announced that Chuck Giametta was replacing Danny
Barkin as the Council Reporter for the BEACON.
E X E C U T I V E S E S S I 0 N
ITEM ' #19672
Upon motion by Councilman Jones, seconded by Councilwoman Creech,
City Council voted to RECESS into EXECUTIVE SESSION, (4:50 p.m.)
pursuant to Section 2.1-344 Code of Virginia, as amended, for
the purpose of discussing Personnel Matters, Publicly Held
Property, Public Funds Investment and Legal Matters.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr.,' Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN JENNINGS VOICED A VERBAL "AYE"
7 0 -
A D J 0 U R N M E N T
ITEM II-J.1 ITEM 419673
Upon motion duly made and seconded, City Council adjourned at
6:30 p.m.
biane M. Hickman, Deputy City Cle@k
ith, CMC May6r Loui R. Jones
City Clerk
City of Virginia Beach,
Virginia
21 March 1983
dmh